LETTER – Will City council ask Band to discontinue its land claims lawsuit?

Dear Mayor Reid Hamer-Jackson and Councillors Dale Bass, Nancy Bepple, Stephen Karpuk, Kelly Hall, Margot Middleton, Katie Neustaeter, Mike O’Reilly and Bill Sarai,

The attached email on the Cowichan case in Richmond, which has been in the news since Madam Justice Young issued her decision on 7 August 2025, has been sent to Senators, Members of Parliament, Members of Provincial Legislatures, journalists and others, and is being sent to you for your consideration.

A surprising point mentioned in the attached email on the Cowichan case is that a similar lawsuit was filed in 2015 by the Kamloops Band in which the Band asked the court to issue a declaration of Aboriginal title over all private property in Kamloops.

Today, Kamloops MLA Peter Milobar drew attention to the Kamloops Band’s lawsuit in a posting on X in which he referenced the BC government’s information bulletin of 15 January 2016 and the BC government’s Statement of Defence filed in response to the Kamloops Band’s claim (see attachments).  As with the Cowichan case in Richmond where private property owners were never notified and were caught completely by surprise by the judge’s decision (see the attached email), private property owners in Kamloops have never been notified by the court of this pending lawsuit, and until now were completely unaware that the Kamloops Band had filed a lawsuit asking for a declaration of Aboriginal title over their private property.

As MLA Milobar pointed out in his social media post, in its information bulletin of 16 January 2015, the BC government promised to defend the private property rights of Kamloops citizens against the Kamloops Band’s claim for a declaration of Aboriginal title.  On 16 January 2016, the BC government wrote:

The B.C. Government will vigorously oppose a declaration that has the potential to create uncertainty over the land base and for private property owners across this territory. At the same time, government will continue to work collaboratively with First Nations to ensure they have a meaningful role in land and resource management, and that they share the resulting benefits and economic opportunities. While these efforts will continue, government must and will always defend, with conviction, the sanctity of private land and private land rights. . . .

However, after making this forceful statement in 2016 that it would defend private property rights, the BC government issued its Practice Directives on Civil Litigation Involving Indigenous Peoples (copy attached) which prevents its lawyers from arguing in court that Aboriginal title was extinguished when the BC government issued fee simple titles to private property owners.  In keeping with these practice directives, the BC government did not argue that Aboriginal title had been extinguished in Richmond in the Cowichan case.  Moreover the BC government did not insist in the Cowichan case that the court notify private property owners that their property rights would be affected if the court were to issue a declaration of Aboriginal title over their properties, as has now happened.

It seems clear that if the BC government is to protect private property owners, including private property owners in Kamloops, (1) the BC government must rescind its Practice Directives on Civil Litigation Involving Indigenous Peoples, and permit its lawyers to argue in court the full range of defences available to protect the interests of private property owners, and (2) the BC government must insist that the court notify private property owners in all litigation in which a declaration of Aboriginal title over private property is sought.

Sincerely,
NINA GREEN

Good morning, Nina

I’m responding to your correspondence as Deputy Mayor for November on behalf of Kamloops Council.

Council has received your email, and each representative will individually consider your comments as we continue to learn about the implications and considerations for Kamloops concerning this matter as it moves through the courts.

I assure you that we are alive to this matter on behalf of our citizens.

Kindly,
Katie

KATIE NEUSTAETER
Kamloops City Councillor

Dear Katie,

Thank you so much for your reply.

Is the Kamloops Council going to notify all private property owners in Kamloops of the Kamloops Band’s lawsuit for Aboriginal title over all private property in the city? I don’t think it can be assumed that private property owners in Kamloops are aware of the Kamloops Band’s lawsuit for Aboriginal title, which has been flying under the radar since 2015. A few Kamloops private property owners might be aware of it because the Kamloops Band’s lawsuit has recently been mentioned peripherally in the news, but most private property owners in Kamloops are likely still very much unaware that their fee simple titles could be seriously affected if the Kamloops Band’s case goes forward. They need to be informed so that they can seek legal advice and perhaps request the court to join them as parties so that they can defend their interests. It seems clear the BC government, which is a party to the lawsuit, will not defend Kamloops private property owners’ interests because the hands of the BC government’s lawyers are still tied by the BC government’s practice directive which does not allow them to argue that Aboriginal title has been extinguished where fee simple titles have been granted. The BC government is clearly refusing to rescind its practice directive.

As well, has the Kamloops Council given consideration to requesting the Kamloops Band to discontinue the lawsuit in the spirit of reconciliation? The Kamloops Band has received many benefits from the City of Kamloops and its citizens over the years.

Sincerely,
NINA GREEN