Supreme Court dismisses OKIB rail corridor injunction

The Okanagan Indian Band’s (OKIB) injunction application to stop the sale of a portion of the CN rail line has been dismissed. The OKIB says it runs though an area of the Commonage which they claim ownership over. The stretch of land is part of the proposed rail-trail corridor that is set to connect Coldstream to Kelowna.

The ruling came down Monday by B.C. Supreme Court Justice Meyers that the OKIB claim doesn’t meet the three-part test that merits an injunction. The claim was rejected because there would be no “irreparable harm” if the injunction wasn’t granted. Also, the “balance of convenience” does not weigh in favour of an injunction.

READ MORE: Province ready to commit millions to rail trail project — with conditions

“With no injunction in place, CN is within its right to sell the corridor lands,” says Doug Gilchrist, Divisional Director Community Planning and Real Estate for the City of Kelowna on behalf of the regional partners.

Gilchrist says local governments support the OKIB in its claim of reversionary rights on land that falls within IR No. 7. Those parcels of land are not included in the pending sale and purchase agreement of the Okanagan Rail Corridor.

“Our understanding is that the specific claim over the Commonage reserve was concluded however land claims are ongoing across Canada and the City will respect any final decisions by Canada or the courts,” says Gilchrist. “We hope to continue to work with Okanagan Indian Band for the mutual benefit of all our citizens.”

Tweet This Click to share quote on Twitter: "Our understanding is that the specific claim over the Commonage reserve was concluded however land claims are ongoing across Canada and the City will respect any final decisions by Canada or the courts," says Gilchrist. "We hope to continue to work with Okanagan Indian Band for the mutual benefit of all our citizens."

READ MORE: Lake Country moves forward with rail trail borrowing

Gilchrist says together, the municipalities of Kelowna, Lake Country, Coldstream and Vernon along with the regional districts of central Okanagan and north Okanagan have identified the value the rail line could have as a continuous multi-modal transportation corridor connecting all the communities.

“Once the sale is finalized, we look forward to engaging communities about their vision for the corridor,” says Gilchrist. “We remind residents that while the corridor will be acquired as municipal-owned land it is currently not open for public use.”

Gilchrist adds the public consultation and operating models have yet to be evaluated for developing the corridor. He adds it could be some time before the route is developed enough and the corridor can be open to the public.