Independent MLA calls for transparency on Aboriginal title claims

Surrey-Cloverdale MLA Elenore Sturko says the B.C government needs to “come clean” about the number of Aboriginal title claims that could impact private land.

The independent MLA tells 1130 NewsRadio that multiple notices of civil claim have been filed across the province.

A recent ruling by the B.C. Supreme Court confirmed Cowichan Aboriginal title and fishing rights over a stretch of land on Lulu Island, where the city of Richmond is located.

“While I reserve judgment on what should happen in cases like this, what I definitely know should happen is that the province needs to come clean and talk to people and to let people know where there is a notice of civil claim that will impact their private property,” she said.

Sturko adds that keeping homeowners uninformed increases uncertainty and stress.

“I think just pretending it doesn’t exist actually adds to the anxiety that British Columbians are currently feeling.”

Similar case in Kamloops

She points to an ongoing notice of a civil claim case by the Secwepemc Nation for Kamloops. She says the case seeks Aboriginal title over the entire city and other areas.

“There could be hundreds of similar claims that have been filed, but we don’t know because the government has so far refused to notify property owners,” Sturko said.

“They had the opportunity in the Cowichan case, and they are filled with excuses about why they didn’t do that. But the reality is, there was nothing legally preventing them from letting property owners know.”

Sturko says that property owners deserve to know if their land is affected.

“I think that what we are seeing is the public is waking up to the reality that there are multiple claims that have been filed against the province that assert Aboriginal title over areas of B.C. where not only crownland exists, but private property exists. This is adding a lot of uncertainty and anxiety.”

She says that the government’s silence around ongoing litigation adds to confusion for property owners, and a simple public notice would be the least the NDP government could do.

B.C. Premier David Eby admits the province’s role in navigating the court’s ruling.

“That responsibility sits on the government, not on the private property owners,” he said earlier this week.

The City of Richmond and the provincial government are both appealing the ruling concerning the Cowichan Aboriginal title.

During a public meeting, Richmond’s Mayor Malcom Brodie argued that Aboriginal land title and private property ownership cannot coexist.

Sturko disagrees and says that the government’s actions in the title claims are not transparent enough.

“While David Eby and his NDP government claim to be working to protect the interests of private property owners, they have failed egregiously to notify the public of claims filed against their private property and continue to work almost exclusively in secret, working up land-back agreements behind the backs of British Columbians,” the MLA said.

In a written statement, the Ministry of the Attorney General says that the court is partly to blame.

“The declaration of Aboriginal title […] was done without providing the private landowners an opportunity to first make representations before the Court. This is part of the reason the Province is appealing, so that this matter can be reconsidered by a higher court to provide people with clarity and certainty.”

The province has asked for a stay on the ruling to give the Court of Appeal time to review it.

1130 NewsRadio has reached out to Premier Eby’s office for a comment.

With files from Raynaldo Suarez.