A 110-hectare island in the Detroit River being turned into a golfing community for the wealthy remains under aboriginal title because a 1786 land-surrender treaty is not valid, a federal commission has ruled.
The Indian Claims Commission ruled on Wednesday that the Walpole Island First Nation can submit a claim to the federal government to clarify title to Boblo Island.
The natives believe the island was illegally taken from them by Canada.
"We are pleased that the struggle of our ancestors against this historic wrong has been recognized and approved," Chief Joseph Gilbert said.
Located south of the Ambassador Bridge between Amherstburg on the Ontario side and Detroit, Boblo Island was for many decades the site of an amusement park popular with both Americans and Canadians. That operation closed in 1993 and the island was bought for $4.2-million (U.S.) in 1994 by John Oram.
Mr. Oram, who moved to Canada from Detroit in 1992, plans to develop a series of canals in the middle of the island and line it with luxury homes with easy access to a nine-hole golf course. Prices for homes on the island range from $260,000 (U.S.) to $1-million.
Mr. Oram could not be reached yesterday for comment, but it is unlikely that the commission's ruling will affect those plans, since Ottawa's policy is that third parties should not be implicated in land-claim disputes.
Sylvia Deleary, a councillor with the Walpole Island First Nation, said the pressure will now be on the government to compensate for the loss of the island.