“It Isn’t Over”: Chief Louis Responds to Okanagan Rail Corridor Decision

Though the Okanagan Indian Band’s claim was dismissed on Monday, Chief Byron Louis says that the band will continue to assert their title and rights.

“We’re disappointed that the injunction wasn’t granted,” said Chief Byron Louis in an interview with KelownaNow.com. “Our interest in the land wasn’t actually determined. I think that’s one of the things we were hoping to do, have an injunction so that we could actually deal with determination once and for all of our interest in that land.”

Photo Credit: District of Lake Country

“I’ve said recently that regardless what the outcome of this is, it isn’t over,” said Chief Louis. He said Justice Meyers stated that the municipalities are taking the rail corridor with the knowledge of OKIB claim to the commonage reserve, and that the OKIB stands behind their claim. ““At least we’ve gone that far to get that on there,” said Chief Louis about the decision.

Justice Meyers’ ruling said that the OKIB’s injunction claim didn’t meet the three-part test—specifically, that there would not be “irreparable harm” if the injunction wasn’t granted and that the “balance of convenience” does not weigh in favour of an injunction.

Commonage Indian Reserve IR No. 9 (Photo Credit: OKIB)

Chief Louis took issue, saying that, essentially, it seemed the municipalities’ and regional districts’ recreational interest for the corridor was decided to be more important than the OKIB receiving a decision about whether or not the land is unsurrendered reserve. “Just that fact alone we find highly questionable, at the least,” said Chief Louis.

“It was almost like we were treated as a nuisance and it was the balance of convenience that dealt with us,” he said later.

Though many have voiced frustrations about the OKIB claim, since the sale of rail corridor is intended for a multi-use transportation corridor, Chief Louis has been very clear that their efforts haven’t been to prevent the project itself. “We fully recognize the benefits of being closer to nature and experiencing all her beauty; our people have lived in and around this valley for thousands of years for a reason.” Rather, the OKIB has said that they wanted the reserve on record and wanted to explore their claim.

Photo Credit: District of Lake Country

“We’re hoping that our neighbours in the Okanagan can take a page from our friends in Vancouver,” said Chief Louis. “Seeking reconciliation with First Nations people is the only way forward without having past injustices continuing to resurface.”

“Reconciliation means taking the time to listen, hear, acknowledge that you understand what has been told to you, and [to] be willing to do more about it than say ‘it happened a long time ago.’”

The OKIB has said that they will continue to assert their title and rights to all of their territory, regardless of Justice Meyers’ decision.

*Cover Photo Credit: Okanagan Rail Trail Initiative*