CN corridor court case awaits ruling

Ruling on legality of CN Rail's sale of land in OKIB commonage area expected Monday, June 1.

The fate of a proposed recreational trail between Coldstream and Kelowna is before the courts.

The Okanagan Indian Band’s request for an injunction to postpone Canadian National’s sale of the Commonage section of the rail corridor to local municipalities began Monday at B.C. Supreme Court in Vancouver.

The ruling is expected to be handed down next Monday.

“Our lawyers presented a strong case for an injunction to Justice Myers,” said Chief Byron Louis. “Over the next two days we will hear from the other parties involved.”

The OKIB asserts that 22 kilometres of the rail line that runs through the Commonage reverted to reserve land when it ceased to be used for railway purposes and cannot be lawfully sold.

The Commonage Indian reserve was created in 1877 by the Joint Indian Reserve Commission, but the band says federal and provincial officials eliminated the reserve a decade later.

“Our case is distinguishable enough from other cases that we feel it deserves its own trial,” said Louis. “If the sale is allowed to proceed, our options are severely limited. That’s the crux of our irreparable harm argument.”

A meeting in Lake Country last month included a presentation by the district outlining plans for the corridor, including selling off surplus lands.

“Planning to carve up and sell off lands like they did in 1893 isn’t acceptable to us,” said Louis. “Further attempts to regain what is rightfully ours will only make us look like the bad guys, when we’re just trying to right a historical wrong.”

 

Just Posted

Rescued Kelowna skier shares appreciation of COSAR team

A skier was found out of bounds near Big White by Central Okanagan Search and Rescue

Okanagan weather watch: Snow on the way

Flurries have been predicted for most of the Okanagan Valley today

Kelowna Chiefs win KIJHL regular season title

The Chiefs have the best record in the league going into the playoffs

West Kelowna Warriors win final home game of season in OT

The Warriors will play their final game of the season Saturday against Trail

Piles of debris hauled from Summerland rock slide site

Material removed from site would more than fill an Olympic swimming pool

Music Rundown: Who you should be watching play live this week

Fill your calendar this week with these great shows

B.C. skip Sarah Wark and team eliminated at Scotties Tournament of Hearts

Nontheless pretty impressive stuff from the 24th-ranked team in the country

Letter: Will Kelowna councillors stick to healthy housing vow?

One Kelowna reader weighs in to the debate

Pope’s sex abuse prevention summit explained

It’s A high-stakes meeting designed to impress on Catholic bishops the global problem

B.C. ticket holder winner of $25.9-million Lotto Max jackpot

Next draw set for Mar. 1 with an estimated jackpot of $10 million

Have you heard the legend of Shuswaggi, the Shuswap Lake monster?

Witness accounts as old as 1904, and as recent as 2018, place a creature in the lake’s depths

Girl heard saying ‘Help my Dad’ in suspicious radio message on Vancouver Island

Police asking for help following mysterious signals from somewhere between Comox and Sayward

Reports of rashes prompt closure of all Harrison Hot Springs pools

Public pool available after Fraser Health shut down all five mineral pools until further notice

No treatment for highly infectious measles, says doctor

10 cases of measles confirmed in Vancouver as of Friday

Most Read