Sechelt start legal battle

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The Sechelt Indian Band is taking both the province of British Columbia and the federal government to court over a continuing land claim struggle.

Chief Garry Feschuk confirmed the court action June 7 after the band filed a writ of summons against both levels of government in B.C. Supreme Court at the beginning of June.

Feschuk said the band is taking the court action to prove a point.

"It proves the only way to get anything from (the governments) is through litigation," Feschuk said.

The first self-governing band in Canada has had a comprehensive land claim ready for discussion for more than a year Feschuk feels the provincial government is stalling talks to force the band to direct their land claims under the newly-formed B.C. Treaty Commission which the Sechelt refuse to enter.

Earlier in the year the band threatened to cut off the main water supply to Sechelt and surrounding district by taking water pipes off their land unless discussions on its land claims opened with the province.

The threat was removed after provincial Aboriginal Affairs Minister John Cashore agreed to meet with chief and council March 10. Both sides agreed to work together on resolving the land claims issue and said they were satisfied with the direction of their discussions.

According to the statement of claim filed with the Vancouver court registry and served to the federal and provincial defendants June 3 the band is seeking title to its traditional territory as defined under their land claims document, as well as title to surface and sub-surface resources.

The band's land claims cover an area of 7,889 square kilometres on the Sunshine coast. The band is also seeking the creation of a special trust fund into which all rents, royalties and profits currently being reaped by the provincial and federal governments off land under the Sechelt's unresolved land claims will go.

The band wants the money to remain in neutral hands until its land claim negotiations are settled.