ICF is fighting First Nation in Nanoose Bay

The organization that is trying to get passenger rail re-started on the Island tries to get Snaw-Naw-As lawsuit thrown out of court

KARL YU

Nanaimo News Bulletin

The Island Corridor Foundation is seeking to have a Snaw-Naw-As First Nation civil lawsuit thrown out of court.

In late-December, Snaw-Naw-As First Nation filed the suit against the foundation and the Attorney General of Canada seeking the return of traditional land taken in the 20th century and used to build the railway, part of which runs through the reserve north of Nanaimo.

In situations like this, once the land is no longer used or needed for railway purposes, it should be returned to the Canadian government for use by Snaw-Naw-As, said Robert Janes, the First Nation’s legal counsel, in January.

In its Feb. 26 filing, the foundation said it is against all of the relief sought in the civil claim and is seeking dismissal with costs.

The foundation claims the lands continue to be used for railway operations, railway works and railway purposes.

There is still regular activity on the rail line, the foundation said, citing trains running between north Nanaimo and the harbour as an example.

Southern Railway of Vancouver Island and the foundation continue to partake in maintenance of the lands by clearing shrubs, bushes and garbage, said the claim. The foundation said it consults with First Nations, including Snaw-Naw-As, on maintenance where it is appropriate.

Snaw-Naw-As continues to be a member of the foundation, the claim said.

Bill McKay, foundation board chairman and Nanaimo mayor, said the board is waiting to hear the Canadian government’s response. The foundation is awaiting federal government sign off of $7.5 million in funding for track repairs.

“We’re just waiting to find out whether or not the (attorney general) has responded and we would hope to get some answers back from them, because of course, we believe that this may very well have put a red flag on the funding file,” said McKay.

Just Posted

Qualicum man sentenced for tying up, robbing another man

Gabriel Stephen Nelson robbed and assaulted travelling businessman in 2017

Parksville man ‘parks’ horse during liquor store pit stop

As long as animal wasn’t jaywalking, no problem, says city official

Parksville roundtable highlights need for affordable housing, recreation

Mayor Ed Mayne held facilitated event in January to hear visions for city, council

RDN to form new group to replace Northern committees

Recreation commissioners disappointed with the decision

Second delivery of building units for 222 Corfield in Parksville arrives March 21

Vehicles should expect intermittent single-lane alternating traffic

VIDEO: Can you believe it? This B.C. hill pulls cars backwards up a slope

Sir Isaac Newton had clearly never been to this Vernon anomaly when he discovered gravity

European, Canadian regulators to do own review of Boeing jet

Air Canada plans to remove the Boeing 737 Max from its schedule at least through July 1

Prime minister defends Liberal budget measures as sales effort gets underway

Conservatives under Andrew Scheer say it’s a spree funded by borrowing against the future

Mayor meets with B.C. health minister on homeless taxi transfers

Two homeless people were discharged from Surrey Memorial and sent to a Chilliwack shelter

B.C. lottery winner being sued by co-workers

They claim he owes them $200,000 each, in a lawsuit filed in B.C. Supreme Court in Vancouver

Teacher reprimanded for conduct towards special needs student

Alan Stephen Berry told vice principal he did not have time to use positive strategies

‘Full worm super moon’ to illuminate B.C. skies on first day of spring

Spring has sprung, a moon named in honour of thawing soil marks final super moon until 2020

Having phone within sight while driving does not violate law: B.C. judge

The mere presence of a cell phone within sight of a driver is not enough for a conviction, judge says

Woman punched on the sidelines of B.C. soccer game

Both involved were watching the U21 game in West Vancouver from the sidelines when things got heated

Most Read