August 6, 2014 6:26 pm

CN Rail seeks court injunction against Gitxsan “trespassers” on rail property

VANCOUVER – The Canadian National Railway Company is now seeking a court injunction against the Gitxsan Nation after they served eviction notices to sports fisheries, forest companies and CN Rail.

CN Rail would like the injunction to stop anyone from physically obstructing their trains or railway lines.

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CN’s transcontinental rail line runs in western Canada from Dugald Maintoba, through Maintoba, Saskatchewan and Alberta. In B.C., the main line splits at the border with Alberta, with one line terminating in Vancouver and the other terminating in Prince Rupert.

The railway that passes through the Gitxsan First Nation is part of the line that runs through the Bulkley Subdivision – at Kitwanaga and New Hazelton.

CN Rail says in their court documents that the land on which the blockade is threatened to take place “forms part of CN’s railway right of way.”

“If a blockade of CN’s railway right of way occurs, the Defendants will trespass on CN property, engage in intimidation and obstruction, interfere with contractual relations, and cause a nuisance,” the document states.

The company says a blockade will “significantly impact” their employees and may result in layoffs.

On Tuesday, the Gitxsan First Nation Hereditary Chiefs’ negotiator told Global News they “have no choice but to go through with the eviction.”

“We were being reasonable, we were allowing time to pass. The result was more of a non-response. This shows why this reconciliation is needed,” said Gwaans (Beverly Clifton Percival).

- With files from Justin McElroy.

 

© Shaw Media, 2014

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