Future ownership of Hatley Park in Colwood has been called into question by Esquimalt Nation.
The nation has filed a civil claim with the B.C. Supreme Court calling for a halt to plans to designate Hatley Park as Songhees treaty lands.
“Esquimalt has not consented to and opposes the designation of Hatley Park as Songhees treaty lands and its transfer to Songhees Nation through the treaty,” says the civil claim.
Home to Royal Roads University, the land is owned by the Department of National Defence. Esquimalt Nation claims Hatley Park has been earmarked for the purpose of treaty settlement negotiations with Songhees Nation.
Songhees Nation, along with Scia’new, Malahat, Snaw-naw-AS and T’Sou-ke, is a member of the Te’mexw Treaty Association, which is in the process of negotiating modern treaties on behalf of each of the member Nations with Canada and the province.
The Te’mexw treaty table first signed a statement of intent to negotiate in 1994, which acknowledges there may be overlapping or shared territory with neighbouring nations including Esquimalt.
The Te’mexw treaties are nearing the end of stage five of the six-part B.C. Treaty Commission process.
“The Songhees Te’mexw Treaty will grant Songhees Nation, among other things, the power to make laws in respect of the use, management, development, ownership, and disposition of Songhees treaty lands, as well as the power to transfer Songhees treaty lands to other parties without the consent of Canada and the province,” notes the civil claim.
“These powers will apply to Hatley Park, when transferred as Songhees treaty lands.”
Esquimalt and Songhees nations are both successors to the rights and title of the Lekwungen people. In the late 1800s, the two nations were recognized as individual bands with separate governments for the purpose of the Indian Act.
Esquimalt Nation says it has “for decades” asserted its interests in Hatley Park under Canada’s Constitution. It is also negotiating a reconciliation agreement with Canada and the province.
“Because of the lack of other available Crown land in Lekwungen Territory, the transfer of some or all Hatley Park to Songhees Nation further impacts Esquimalt by leaving few to no opportunities to re-acquire land from Lekwungen Territory that is unencumbered by other interests for Esquimalt to use, enjoy, occupy, assert jurisdiction, manage, and benefit from economically,” said the Nation’s claim.
Esquimalt Nation says the transfer of Hatley Park to Songhees Nation will have a “significant impact” on its ability to benefit economically from the land, as well as exercise jurisdiction over how it will be used.
“Future generations will be deprived of the opportunity for renewed use, occupation and benefit of unencumbered land in their territory,” the claim says.
“The interference with and infringement of Esquimalt’s Aboriginal title is substantial and stark.”
As well as a permanent injunction restraining the designation of Hatley Park as Songhees treaty lands, Esquimalt Nation is asking the federal government declare it holds an existing Aboriginal title to “all or some of Hatley Park” under Canada’s Constitution.
“Canada is aware of Esquimalt’s opposition and outstanding concerns regarding the transfer of Hatley Park,” the claim says. “Yet, Canada continues to designate most or all of Hatley Park as Songhees treaty lands.”
The civil claim against the Attorney General of Canada was filed March 27, who has 21 days to respond.