Photo: Contributed - Okanagan Nation Alliance

Grand Chief Stewart Phillip

The Okanagan Nation Alliance is making its voice heard in the battle over land rights concerning the abandoned CN Rail line between Kelowna and Coldstream.

Several local governments have agreed to purchase the nearly 50-kilometre line from CN for $22 million in cash and land donation, for which the City of Kelowna will issue a charitable donation receipt.

The District of Lake Country will hold a referendum April 25 asking its citizens to authorize the borrowing of up to $2.6 million to purchase half its share of the 16 kilometres that run through the municipality.

The Okanagan Indian Band has initiated a legal challenge in the Supreme Court of British Columbia claiming the several kilometres of the rail line that runs through the Commonage Reserve, IR9, including eight kilometres in Lake Country, is not CN's to sell.

It claims the lands should have reverted back to the band once CN ceased operating the line.

Now, the ONA ,which represents seven Interior bands, is stepping in – and stepping up the pressure.

"We take the similar view that all disposition of so-called federal Crown lands and provincial Crown lands must feature a substantive consultation with our people," said ONA Grand Chief Stewart Phillip in an interview with Castanet News.

"In this particular case, both the Westbank First Nation and the Okanagan Indian Band strongly feel there should have been an effort to consult their local governments."

Phillip said the ONA is serving notice it will not be ignored in this process.

"It's pretty disturbing for us to be reading about these issues where these animated discussions are taking place between all levels of government except our indigenous governments, our First Nations governments."

"The Okanagan Nation as a whole is saying in a very strong way that there needs to be genuine, substantive consultation with affected First Nations interests before governments begin talking about the disposition of rights of way that no longer serve the purpose they were originally taken up for."

The ONA has stated the Sylix People never consented to the railway use of these lands, were never compensated for that use and, accordingly, the lands should now be returned.

The alliance says the corridor is unceded Sylix title land, and the proposed transfer and sale of those lands must not occur without the full engagement and consent of the Okanagan Nation.

"There's a fundamental principle in business and commerce that you cannot sell, buy or barter that which you do not own," added Phillip. "Clearly, those governments and interests that are having these very animated discussions about grandiose plans for the abandoned rail lines do not enjoy exclusive ownership of those lands."

Meanwhile, OKIB Chief Byron Louis agrees local governments are caught in the middle of a fight between First Nations and the federal government.

However, he did say local governments were told "buyer beware" when it comes to purchasing land he says is not CN's to sell.

In the notice of claim filed with the Supreme Court of B.C., the band is claiming the Commonage Reserve, established about 1976, was unlawfully taken away about a decade later "in order to make lands available for non-aboriginal settlers."

The rail line running through the Commonage Reserve was established in the early 1900s, linking Kelowna with Vernon.

Louis said the band's contention is the right of way should now be returned to the band with the decommissioning of the line.

Despite the court challenge, local governments plan to go ahead with the purchase.