Rail trail claim remains

Photo: Jon Manchester - File photo

District of Lake Country residents may have voted to purchase of the Okanagan rail corridor, but the Okanagan Indian Band isn't backing off legal action to block the sale.

Chief Byron Louis says court action will begin by the end of May on the band's notice of claim.

“This is an example of a process long overdue. For us, we have been at this since about 1878. When you look at that, you see this isn't measured in months – this is measured in years and generations. People have lived and died trying to resolve this issue.”

The band asserts the portion of the rail line that runs through the Commonage Indian Reserve IR No.9 automatically reverted back to reserve land when it ceased to be used for railway purposes by CN.

It says CN cannot sell what it does not own, and therefore the municipalities cannot purchase the land from the rail company.

“Their vote was a referendum on whether on not they would support their purchase initiative, but ours is an actual challenge to that,” explains Louis.

“It is about the sale of that right of way, and we will continue.”

He said regardless of the vote and the rail trail initiative, court proceedings will go ahead.

“I tell people this all the time,” says Louis. “If the rail trail initiative did not materialize, we would still be taking CN Rail to court over this issue. Because the issue to us is the fact that it is being sold and there is certain amount of due process that is not being followed."

Louis says although it is frustrating, the issue has to be resolved before the courts.

“We have tried a number of times to get this issue resolved, and the courts are, more or less, often the last resort,” says Louis.

“Under the current federal policy, the government determines whether or not a claim is legitimate. When you think about that, there is a level of conflict of interest there ... Where else in the world can a governmental body determine which claims against themselves are legitimate and which claims are not?”

“So, where exactly does that leave First Nations Canada? With one single place we can go with the hope of an unbiased decision, and that is through the courts.”

Chief Louis and his band council are hoping for the support of local governments to pressure Ottawa to recognize their claim.

Recently, Lake Country Mayor James Baker told the Vernon Morning Star he would like to see local government support the band's claim. Now, Louis is hoping he will act on those words.

“We welcome the support of any right-minded individuals who have taken the time to learn about our claim,” says Louis. “We also invite them to act on that knowledge to produce a fair and just outcome.”

Louis says Canada, B.C., CN Rail and the municipalities all share responsibility for the band having to take legal action over the rail corridor lands. 

“While we maintain working relationships with the municipalities and regional district ... our partners in the region, aside from Mayor Baker, have consistently denied our underlying interest in the land.”

The entire issue will be brought before the courts in late May, when the OKIB expects to have its application for an injunction to stop the sale of the rail corridor heard by a judge in B.C. Supreme Court.

So far, only the municipalities and CN Rail have responded to the band's statement of claim filed on March 24, while responses from the Crown are expected in early May.