B.C. government sued over transfer of parkland to native band
The Metro Vancouver Board is suing the B.C. government over a land claim settlement that gives a section of parkland in Vancouver's priciest neighbourhood to an area native band.
The board, formerly known as the Greater Vancouver Regional District, launched a challenge in B.C. Supreme Court, claiming the government had no right to give the Musqueam First Nation a section of Pacific Regional Spirit Park.
The expropriation was part of a recent settlement that included 22 hectares of land covering the University of British Columbia Golf Course, the land under the River Rock Casino in neighbouring Richmond, B.C., part of the park and $20.3 million in cash.
The Musqueam had launched three lawsuits against the provincial government over the band's land rights, but all court action ceased once the two sides came to the land and cash settlement.
The board is made up of almost two dozen cities, corporations and villages from the Canadian border in the south to Lions Bay in the north. It includes Vancouver and suburbs, and is the most densely populated area in the province.
The board deals with region-wide issues such as drinking water, air quality and garbage and politicians from each area sit on its board of directors.
Lawsuit wastes money: minister
The lawsuit claims only the federal government has jurisdiction over natives and the lands reserved for them, and the provincial government has no decision-making powers in that area.
Aboriginal Relations Minister Mike de Jong was unavailable for comment Monday, but his staff sent a letter he wrote in reaction to the threat of a lawsuit about six weeks ago.
De Jong called the court action a "colossal waste of taxpayer's money," and "a recipe for another 100 years without reconciliation of aboriginal rights."
Several courts have ruled that governments have the duty to consult with natives over land use and other issues that affect their aboriginal rights.
Lois Jackson, chairwoman of the Metro Vancouver Board, said municipalities also need to be consulted about such fundamental issues as land.
"No compensation, no discussion, simply the taking of the land," she said. "What kind of democracy is that?"