Kitkatla has dropped its application to the courts seeking an injunction against the proposed sale of Watson Island, but as of November 18 are now asking the court to provide “a declaration that the Lax Kw’alaams Indian Band is not a proper collective capable of holding or claiming Aboriginal title or rights to the site”.
Kitkatla finally realizes they don’t have a pot to piss in, in regard to Watson Island.
Thanks for wasting everyone’s time and money Kitkatla!
And people wonder why rupert is being left out of the economic boom.
On a side note Garry Reece was re-elected as Mayor of Port Simpson yesterday. Is now a 4 year term instead of 2.
correct me if i’m wrong but Lax Kw’alaams is buying watson island not asserting aboriginal claim to it so what is the second suit against them for? just general aboriginal title to anything around prince rupert?
second by wasting the cities time and money on lawyers can the city ask for damages to pay it’s lawyers?
[quote=“Jabber63”]correct me if i’m wrong but Lax Kw’alaams is buying watson island not asserting aboriginal claim to it so what is the second suit against them for? just general aboriginal title to anything around prince rupert?
second by wasting the cities time and money on lawyers can the city ask for damages to pay it’s lawyers?[/quote]
The suit wasn’t against Lax Kw’alaams, it was against the City to prevent it from selling the site. Kitkatla alleged that the City, like Canada and BC when they make land use or ownership decisions, had a duty that it had failed to perform, to consult Kitkatla as holders of aboriginal rights or title before making decisions that would affect the title or use of the land.
Lax Kw’alaams filed as an intervenor, ie as an interested party, but it seems to have done most of the work in the legal proceedings, and the City may not have spent much. It could have been very costly though, because if the City lost that would have set a precedent that would no doubt have been appealed to higher courts because the legal issues would have had wider implications.