Chief Responds to Frustrations About Lawsuit Against Okanagan Rail Corridor Sale

Chief Byron Louie says that while he knows the Okanagan Indian Band’s lawsuit might be frustrating to those advocating for the Okanagan Rail Corridor, answers about the band’s land title have been long overdue.

The Okanagan Rail Corridor project has been in the works for months, and while the municipalities have reached an agreement with CN Rail, Lake Country residents must still participate in a referendum to vote on a $2.6 million loan for the purchase of the corridor. However, the rail corridor between Kelowna and Coldstream will now be at the centre of a court case as the OKIB is suing CN Rail, the City of Kelowna, the District of Lake Country, the Regional District of the North Okanagan, British Columbia, and Canada.

(Photo Credit: District of Lake Country)

Chief Louis says that the band’s position has always been “buyer beware” for the acquisition of the corridor. For months, the Okanagan Indian Band (OKIB) has been warning municipalities that what they’re looking at buying doesn’t have clear title. “Our position is that there’s a revisionary clause that happens when rail lines cross reserves,” said Louis. “Once they’re no longer used for that purpose, the rail reverts back to the Okanagan Band for the Indian reserve.”

“Put simply, CN cannot sell what they do not own, and the municipalities cannot purchase lands that are not CN’s to sell,” reads the OKIB’s website.

(Photo Credit: Okanagan Rail Trail Initiative)

Louis also said that the land claim process is difficult because it’s the federal government who determines whether a claim is legitimate. In cases such as this, he says, the government has a vested interest in the outcome, raising the question of conflict of interest.

“We have sent letters to Aboriginal Affairs and Northern Development Canada and to Transport Canada and they haven’t even had the common decency to respond,” said Chief Louis. “To think that 65 years ago, First Nations weren’t even allowed to seek justice via the courts when it came to land issues and now it’s the only way our voice can be heard. “

While the chief understands that this lawsuit is causing frustration for the non-Indigenous residents, he said that the band’s concerns about the reserve have been long ignored. “You can imagine our frustration after waiting over 100 years of trying to get this issue settled,” said Louis.

(Photo Credit: District of Lake Country/Facebook)

Back in 1910, the chiefs of the Shuswap, Okanagan, and Thompson tribes presented a letter to Sir Wilfrid Laurier demanding answers to land questions in the area, since no treaties had been signed. “We were ignored then and, in the spirit of reconciliation and cooperatively working with other levels of government, we steadfastly refuse to be ignored today,” said Louis.

The issue for the OKIB has been about the sale of the land rather than the Okanagan Rail Corridor project itself. When asked what the band would do with the portion they claim of the corridor, however, Louis said that they would have to take the issue back to their membership. “It’s no different from the process that’s underway in some of the municipalities seeking direction from their constituents.” He emphasized that the band would have to seek input from its community when looking at the land use.

The regional partners’ acquisition team is still working on the project, saying that they’ll respect any final decisions from the land reserve challenge. The Lake Country referendum is going ahead as planned.

For more information on the OKIB’s lawsuit and claim to this specific portion of land, click here.