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

Black Mountain / sntsk‘il’ntən Regional Park starts to take shape

Student volunteers from three local schools work on trail building project

Open burning permitted again in Kamloops Fire Centre

Low fire rating prompts decision throughout Kamloops Fire Centre

B.C. Rural Party co-founder rebukes pro-NDP accusation

Telkwa Mayor Darcy Repen disputes being NDP campaign supporter

Incumbent trustee candidate reassesses SOGI 123 impact

Lee-Ann Tiede says mandated student inclusiveness program has some issues

Lake Country Chamber of Commerce to host All Candidates Forum

Residents are being asked to submit questions to be asked

VIDEO: Messages of hope, encouragement line bars of B.C. bridge

WARNING: This story contains references to suicide and may not be appropriate for all audiences.

The longest week: Carolinas worn out by Florence

Frustration and sheer exhaustion are building as thousands of people wait to go home seven days after the storm began battering the coast.

Vancouver councillors move ahead with policy for duplexes on detached home lots

Mayor Gregor Robertson says the decision is another step toward adding homes in the city for the so-called “missing middle.”

Canada’s goal is to play in a medal game at World Cup in Spain

The 2014 women’s world basketball championships were a coming out party for Canada.

World Anti-Doping Agency reinstates Russia

There was no mention of Russia publicly accepting a state-sponsored conspiracy to help its athletes win Olympic medals by doping.

Nanaimo’s Tilray pot stock continues rising, firm now worth more than $21 billion US

The B.C. company’s shares have risen more than 1,000 % since its initial public offering in July

Fresh-faced Flames fend off Canucks 4-1

Vancouver drops second straight NHL exhibition contest

VIDEO: B.C. deer struggles with life-preserver caught in antlers

Campbell River resident captures entangled deer on camera

Most Read