SpongeG
Apr 22, 2008, 1:35 AM
Metro Vancouver wants Musqueam land back
METRO VANCOUVER - Metro Vancouver plans to file a constitutional challenge against the provincial government in hopes of recovering chunks of Pacific Spirit Park that was transferred to the Musqueam First Nation.
Metro board chair Lois Jackson said the board has "no quarrel with the Musqueam" but is worried the land deal with the First Nations could be the first in a string of expropriations by the provincial government under a new law that came into effect earlier this year.
The law, called the Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act, allowed the government to expropriate chunks of Pacific Spirit Park without compensation.
"We'd like the land back," Jackson said Monday. "We're not after money; we're concerned about the idea of park land or green space being expropriated for this use. "The province cannot simply expropriate without compensation; it's very troubling for the mayors."
Under the law, the Musqueam First Nation was given more than $20 million, the University Golf Course near UBC and the Richmond Casino lands in Richmond.
The law declares that "no compensation is payable to the Greater Vancouver Regional District" - the legal name for Metro Vancouver - and "no legal proceedings for damages or compensation" can be filed against the B.C. government.
Metro Vancouver sent letters to both the provincial government and the Musqueam Monday, detailing its plans for the constitutional challenge.
The board will ask the courts to rule on whether the province has the constitutional right to expropriate land for First Nations' land claims when that usually falls under federal jurisdiction.
Mayors on the Metro Board are concerned their municipalities could be subject to the next land grab, Jackson said.
"If the province can expropriate from Metro and others without compensation for Indian Band claims, is that constitutionally correct and can they do that in any municipality?" Jackson said. "We're very concerned about the precedent."
http://www.canada.com/vancouversun/news/story.html?id=90e627af-14e2-4541-baab-c47dfe8243b2&k=41905
METRO VANCOUVER - Metro Vancouver plans to file a constitutional challenge against the provincial government in hopes of recovering chunks of Pacific Spirit Park that was transferred to the Musqueam First Nation.
Metro board chair Lois Jackson said the board has "no quarrel with the Musqueam" but is worried the land deal with the First Nations could be the first in a string of expropriations by the provincial government under a new law that came into effect earlier this year.
The law, called the Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act, allowed the government to expropriate chunks of Pacific Spirit Park without compensation.
"We'd like the land back," Jackson said Monday. "We're not after money; we're concerned about the idea of park land or green space being expropriated for this use. "The province cannot simply expropriate without compensation; it's very troubling for the mayors."
Under the law, the Musqueam First Nation was given more than $20 million, the University Golf Course near UBC and the Richmond Casino lands in Richmond.
The law declares that "no compensation is payable to the Greater Vancouver Regional District" - the legal name for Metro Vancouver - and "no legal proceedings for damages or compensation" can be filed against the B.C. government.
Metro Vancouver sent letters to both the provincial government and the Musqueam Monday, detailing its plans for the constitutional challenge.
The board will ask the courts to rule on whether the province has the constitutional right to expropriate land for First Nations' land claims when that usually falls under federal jurisdiction.
Mayors on the Metro Board are concerned their municipalities could be subject to the next land grab, Jackson said.
"If the province can expropriate from Metro and others without compensation for Indian Band claims, is that constitutionally correct and can they do that in any municipality?" Jackson said. "We're very concerned about the precedent."
http://www.canada.com/vancouversun/news/story.html?id=90e627af-14e2-4541-baab-c47dfe8243b2&k=41905