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The Okanagan Indian Band has informed the City of Kelowna that it plans to try and block the sale of the CN rail corridor using legal action.
The discontinued CN rail corridor between Kelowna and Coldstream will be at the centre of a court case. The letter of intent from the law firm of Ratcliff & Company was sent to CN, the federal and provincial governments, City of Kelowna, District of Lake Country and the Regional District of the North Okanagan. The inter-jurisdictional team has not yet received a copy of the legal claim and has no knowledge of one being filed with the courts.
Part of the Okanagan Rail Trail (Photo Credit: File Photo)
“The partners remain unanimous in our commitment to complete this once-in-lifetime acquisition,” said Doug Gilchrist, Divisional Director Community Planning & Real Estate for the City of Kelowna on behalf of the regional partners. “We are proceeding on what has always been our understanding, that CN owns the land outright and therefore has the legal right to sell the land.”
The federal government’s status report on First Nation land claims states the Commonage Claim was reviewed and closed with no lawful obligation found. The property covered by the historical claim is approximately 28,000 acres and encompasses Highway 97 and hundreds of public and private properties spanning from Wood Lake to the north end of Kalamalka Lake and westward to Okanagan Lake.
“We are proceeding on the understanding that the Commonage claim is a matter between the Federal Government and First Nations and it should have no bearing on the acquisition of land between a private company and a local government,” said Gilchrist. “Land reserve challenges are ongoing across Canada and the City respects any final decisions.”
Photo credit: Okanagan Indian Band website
The acquisition team will continue to work at securing the financing required for the acquisition and the referendum on April 25th in Lake Country will go ahead as planned. Pending a favourable resolution of any potential legal action, the partnership hopes the purchase and sale agreement can be completed in a timely manner. The regional partners will abide by any interim or final legal decisions issued by the court.
According to Gilchrist, the inter-jurisdictional team invited the Okanagan Indian Band to be part of the acquisition team at the beginning of the process, however the band respectfully declined the invitation.
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