PRESS RELEASE

March 24, 2015

For Immediate Release
Okanagan Indian Band Files Notice of Claim
As a result of the impending sale by CN to local municipalities of the rail corridor
between Kelowna and Coldstream, the Chief and Council of the Okanagan Indian
Band has instructed their legal counsel Matthew Kirchner of Ratcliff & Company LLP
to file a notice of claim in BC Supreme Court regarding the OKIBs underlying
interest in a portion of those lands.
Its unfortunate its come to this, said Chief Byron Louis of the Okanagan Indian
Band, but we make no apologies when it comes to protecting the legal interests of
our membership.
The OKIB asserts that the portion of the rail line that runs through the Commonage
Indian Reserve IR No. 9, reverted to reserve land when it ceased to be used for
railway purposes and therefore cannot be lawfully sold. Put simply, CN cannot sell
what they do not own, and the municipalities cannot purchase lands that are not
CNs to sell.
We have sent letters to Aboriginal Affairs and Northern Development Canada and
to Transport Canada and they havent even had the common decency to respond,
said Chief Louis. To think that 65 years ago, First Nations werent even allowed to
seek justice via the courts when it came to land issues and now its the only way our
voice can be heard.
The Commonage Indian Reserve was created in 1877 by the Joint Indian Reserve
Commission, a Commission established by Canada and BC specifically to allot Indian
reserves. Over a decade later, Canada and BC purported to relinquish the Okanagan
Indian Bands interest in Commonage Reserve IR No.9 without abiding by the
requirements of the Indian Act.
Our position remains the same, said Chief Byron Louis, the rail line runs through
the Commonage Reserve and the OKIB has never lawfully surrendered the land.
Chief Louis said that he acknowledges that the District of Lake Country is preparing
for a referendum regarding borrowing $2.6 million to buy 8km of track and added
that voters and others who wish to learn more about the Commonage Reserve
should visit the OKIB website.
There seems to be some misinformation being spread about the OKIB concerns,
said Chief Louis. We have always known that the 2.5km of track which passes

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through IR No. 7, Duck Lake, should and will be returned to us. From day one we
have discussed the Commonage Reserve IR No. 9.
As Ive said consistently, buyers beware.
Chief Louis added that he understands that this may cause frustration from the nonFirst Nations population but reiterated that OKIB concerns relating to the
Commonage Reserve have been long ignored.
The Chiefs of the Okanagan, Shuswap and Thompson presented a letter to Sir
Wilfred Laurier in 1910 demanding the land question be settled, said Chief Louis,
We were ignored then and, in the spirit of reconciliation and cooperatively working
with other levels of government, we steadfastly refuse to be ignored today.
For more information regarding the Commonage Indian Reserve visit
www.okib.ca/commonage or call Chief Byron Louis at 250-306-8883

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