Band closes in on deal for KVR land

Bruce Walkinshaw - Penticton Western News Published: March 23, 2010 6:00 PM

An agreement in principle to transfer portions of the Kettle Valley Railway trail from CPR ownership to the Penticton Indian Band is likely a done deal, according to the Okanagan Coquihalla MP. “Basically, they are close to coming to a settlement whereby CPR is prepared to transfer the land to the Penticton Indian Band,” said MP Stockwell Day. “There are court details that they are still working out. But every indication I have, talking to both sides, is that a final official agreement is very close.” The six parcels of land, roughly 139 acres, were expropriated under the Indian Act from the Penticton Indian Reserve in the early 1900s for the KVR line, which was eventually sold to CPR.CPR decommissioned the railway line in the 1980s, and the two sides have been in court ever since, with the band arguing that because the land is no longer being used for the reason it was expropriated, it should be returned to the reserve.

However, Day said that lately the discussions have gone amicably and with an agreement likely already reached, the two are now just working out the final details to give the band back the land. “This is between CPR and the band,” said Day. “Where the federal government will get involved is, once a deal is finalized between CPR and the band, then the federal government will act basically as the transfer agent ... and make sure everything is done according to law.” A regular user of the KVR Trail himself, Day said that there has been ongoing discussions with PIB chief Jonathan Kruger to maintain access to utility, vehicle and pedestrian routes that currently run through the lands. “All of those things need to be looked at and Chief Kruger has indicated that he wants to work with the community on all those issues,” said Day.

However, not everyone is comfortable with the potential land hand over.Last week, residents from West Bench and Sage Mesa showed up at a regional district meeting to voice their concerns. And earlier this year, Indian and Northern Affairs Canada sent out a letter requesting input regarding the potential addition of the land to Penticton Indian Reserve. In response, Penticton council voted 4-2 to write a letter back, stating that the city believes the land should be maintained in its current ownership by the citizens of Canada. Mayor Dan Ashton also sent letters to counterparts in other KVR-related municipalities asking for support.

---------

Editorial: Band has legitimate right to KVR lands March 23, 2010 6:00 PM

It is looking very likely that, after decades of court battles, the Penticton Indian Band will finally reacquire the six parcels of land expropriated from its reserve at the turn of last century in order to build the Kettle Valley Railway line. Expropriation is a necessary unpleasantry, usually reserved for times of war or nation building, as it was in this particular instance. It is the price some are asked to pay in order to keep this country free and progressing. The Bill of Rights does not protect property rights against appropriately enacted expropriation legislation. So, why is the eminent return of the six KVR lots to the Penticton Indian Reserve appropriate? Firstly, the lands are not owned by the federal government but rather the Canadian Pacific Railway, who according to Okanagan Coquihalla MP Stockwell Day, are currently finalizing a transfer deal with the band. It is not unreasonable to speculate that the transfer deal will include some amount of measurable benefits going to CPR, although the value of those benefits will probably be mitigated by the fact that CPR is being sued by a First Nations band attempting to get former-reserve lands back.

But that only leads to a more pressing justification for the return of the expropriated lands: The situation is unique because it is a First Nations band reclaiming land originally provided it through a treaty with the Canadian government. Clearly, CPR has come to believe that is the kind of uniqueness that should not be tested further — whether in court, politics or public opinion — for land it no longer uses to further the country’s transportation progress. And the residents of Penticton should too. PIB Chief Jonathan Kruger has given assurances that the band will work to maintain public access to the soon-to-be band portions of the popular KVR Trail. We anticipate that he and the PIB will honour that commitment more faithfully than the treaty that originally provided them the land.