The Okanagan Indian Band announced in a press release that Chief and Council filed a civil claim in the Supreme Court of British Columbia against the Attorney General of Canada.
The Attorney General represents the Department of National Defence.
The suit claims that the department has neglected its duty to remove unexploded ordnances (UXOs) from reserve lands.
The Department of National Defence (DND) used the Okanagan Indian Band (OKIB) reserve lands for military training, including firing live munitions, at various times between 1939 and 1990.
Terms of the lease required the DND to clean up and remove military munitions scrap and UXOs once military use finished.
Between 1944 and 1973 nine civilians have been killed and three injured by UXOs on the Goose Lake Range, Glenemma Range and other former ranges in the Vernon area.
In August of this year a UXO was discovered while firefighters were battling a blaze near Predator Ridge, adjacent to OKIB lands.
The band says this posed a potentially life-threatening hazard to the firefighters.
The release also claims that contamination caused by UXOs and munitions scraps in the ground is also a concern and removal of these materials must be accompanied by remediation of the lands.
“In the 26 years since our reserve lands were last used for military training, DND and Canada have neglected their duty to remove UXO’s. Our band members aren’t able to safely use, or develop these areas,” said Chief Byron Louis in the press release. “The affected lands are prime areas of value for commercial, residential and agricultural uses. We have been patient and made every effort to work with Canada on the timely removal of UXO’s, but after nearly 3 decades of limited clean-up efforts, we are tired of waiting.”
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