The Okanagan Indian Band insists it won’t let a legal setback stop efforts to protect its rights.
On Monday, a B.C. Supreme Court justice denied the band’s request for an injunction to block local jurisdictions from purchasing the Commonage portion of the Canadian National rail corridor.
“We’re not giving up, not on my watch,” said Byron Louis, OKIB chief.
The judge stated that the band’s claim does not meet the three-part test that merits an injunction.
“No surprise. With First Nations, there are very few challenges at the lower level where there are substantive wins,” said Louis.
The OKIB asserted that 22 kilometres of the rail line that runs through the Commonage should have reverted to reserve when it ceased to be used for railway purposes and cannot be lawfully sold.
The Commonage Indian reserve was created in 1877 by the Joint Indian Reserve Commission, but the band says federal and provincial officials eliminated the reserve a decade later.
Louis won’t speculate on what actions the band may take to further its argument.
“It’s something we will discuss but there will be a next step,” he said.
“We’ve always said the Commonage was a legitimate reserve and we surrendered nothing.”
The ruling paved the way for the Regional District of North Okanagan, Kelowna and Lake Country to close the purchase agreement with CN Monday.
“Once the sale is finalized, we look forward to engaging communities about their vision for the corridor,” said Doug Gilchrist, with the City of Kelowna’s real estate department on behalf of the jurisdictions.
Despite the court ruling, the jurisdictions admit the outstanding matter of the band’s Commonage claim remains.
“It’s a federal and provincial issue and they need to deal with the band,” said James Baker, Lake Country mayor.
Gilchrist added that any future decisions by senior government or the courts about land claims will be respected.
“We hope to continue to work with Okanagan Indian Band for the mutual benefit of all our citizens.”
Juliette Cunningham, Greater Vernon Advisory Committee chairperson, isn’t sure the ownership of the corridor could be called into question if the band returns to the courts.
“There is always the opportunity for dialogue between the jurisdictions and the band and we have to see what the band’s next steps are,” she said.
The jurisdictions have been ordered to provide notice to the OKIB in advance if the they intend to sell or transfer any of the corridor land or if there is any proposed change in the use of the land.
“Some time in the future if it’s proven to be reserve, any changes (to the corridor) could provide irreparable harm. They could be held liable,” said Louis.
