Songhees Nation has responded to a civil claim filed by Esquimalt Nation with the B.C. Supreme Court, disputing the future ownership of Hatley Park in Colwood.
Esquimalt Nation has called for a stop to negotiations between Songhees Nation and Canada to designate Hatley Park, which is home to Royal Roads University, as Songhees treaty lands.
As well as a permanent injunction against the designation, Esquimalt Nation’s civil claim, filed March 27, is asking the federal government to declare it holds an existing Aboriginal title to “all or some of Hatley Park” under Canada’s Constitution.
In response, Songhees Nation has said it “is not a party to” Esquimalt Nation’s claim and does not believe it will affect their future treaty settlement negotiations.
A member of the Te’mexw Treaty Association, alongside four other Nations, Songhees Nation is in the process of negotiating modern treaties with Canada and the province.
As part of those negotiations, it has been proposed that ownership of Hatley Park, which is currently owned by the Department of National Defence, be transferred to Songhees Nation.
“Songhees Nation has acted responsibly and in good faith throughout the treaty process, working closely with Canada and British Columbia over many years to reach a fair and lasting agreement for our people,” said a statement from Songhees Nation Chief Ron Sam.
“We respect Esquimalt Nation’s decisions and remain focused on our own treaty path. We continue to believe that outstanding issues can and should be resolved between Esquimalt Nation and Canada, through the appropriate processes, without delaying Songhees’ treaty or the commitments that have been made to our Nation.”
According to Songhees Nation, Esquimalt Nation has chosen not to participate in the treaty process – a choice the Nation says it respects.
“Canada and British Columbia, with Songhees’ consistent collaboration and support, have engaged openly with Esquimalt Nation for over seven years, and have made substantive offers of land and other benefits to Esquimalt Nation during that time,” notes a Songhees Nation news release.
In its civil claim, Esquimalt Nation says it has “for decades” asserted its interests in Hatley Park under Canada’s Constitution. It says the transfer of some or all of Hatley Park to Songhees Nation will impact negotiations with Canada and the province for its own reconciliation agreement.
“Because of the lack of other available Crown land in Lekwungen Territory, the transfer … 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.
The Te’mexw treaties are nearing the end of stage five of the six-part B.C. Treaty Commission process.
Should Songhees Nation members approve the treaty, it expects Canada to move ahead with the transfer of the whole of the Hatley Park lands that have been committed to Songhees under the proposed treaty.
“Songhees Nation has engaged constructively and in good faith throughout this process, and the commitments made to Songhees under the proposed treaty are well-founded,” said Robert Janes, partner at JFK Law LLP. “Esquimalt Nation’s claim does not alter the legal basis of Songhees’ treaty, and we are confident that Canada will honour its obligations to Songhees Nation.”
Songhees Nation said it encourages all parties to “pursue a constructive resolution through the appropriate channels,” and it remains confident that Canada and Esquimalt Nation can find a path forward.
READ MORE: Esquimalt Nation files claim to halt designation of Hatley Park as Songhees land.