Westbank First Nation looking to freeze ‘improper’ land sale, says reforms will be implemented

Westbank First Nation says it will be changing its policies following an independent report into an alleged improper land sale.

According to Westbank First Nation (WFN), the report was released this week, and it “identifies multiple, serious problems with the transaction, potentially depriving the Nation of millions of dollars.”

WFN says the sale happened in 2021 and involved two WFN staff members who sold and transferred property in Peachland without council authorization. WFN says it’s looking to freeze the sale.

“Council has accepted the findings and recommendations contained in the report and is taking immediate action to implement the reforms needed to protect WFN’s ability to self-govern,” the First Nation said in a press release on Friday.

WFN says the property was valued at $1.5 million by one employee via an outdated 2009 appraisal, “likely significantly less than the market value of the property,” with the other employee then transferring it.

In an interview with Global News, WFN says the property is now worth at least $5 million.

“When you have valuable real estate that is an asset of the membership – and I should reiterate that these are fee simple lands, not reserve lands – that is purportedly sold out from under the government, and the membership itself, without valid authorization from council, it raises serious concern,” WFN Chief Christopher Derickson told Global News.

The First Nation says it’s pursuing further civil and criminal investigations into the transaction to either get the land back or get appropriate compensation for it.

WFN says the report was issued by Marion Buller, chief commissioner for the national inquiry into missing and murdered Indigenous women and girls.

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“The report identified governance gaps and practices that need to be addressed immediately,” said WFN.

“The recommendations will help improve governance and oversight of important financial decisions to prevent something like this from happening again. WFN Council have directed senior staff to begin implementation and report progress to Members on a regular basis.”

In the press release, Derickson said: “We are addressing the root causes of the problems. We are also assembling a reform advisory committee of governance experts and members to advise on reform efforts to implement the recommendations in the Report and help strengthen the self-government of our Nation.

“Our members deserve accountability, transparency, and a government that protects their interests. We recognize that we cannot do it alone and will be leaning on our members and partners for their support as we work diligently to implement the recommendations.

“We need to work together to put our Nation on the right path to a better future for members.”

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He said improvements include recording all council meetings, and carefully reviewing the WFN’s constitution.

Derickson said the plain fact that the land was sold “demonstrates major gaps and shortfalls within our WFN governance structure. Those need to be addressed and fixed immediately, and we are taking steps to perform our governance to ensure something like this does not happen again.”

He added the financial shortfall was potential revenue band members lost “that could have gone towards programming and services, housing for members, any number of government services could have been supported by those revenues that we did not receive.”

Derickson said one employee involved in the sale no longer works at WFN, while the other is on a leave of absence. He also said an RCMP file has been opened into the sale.

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As to why the WFN announced the sale and its opposition to it, Derickson said it all has to do with transparency.

“Transparency is a fundamental principle of any liberal, democratic government,” he said. “Whether it be Indigenous or non-Indigenous, without full transparency, the citizens, the stakeholders don’t get the full picture of what’s going on.

“And if it’s going to be ruled by the people, then there needs to be accountability to those people. And by pulling the veil aside, so to speak, we should, as democratic governments across the world, welcome that type of scrutiny.

“Because our citizens — and in this case, our members or the residents living on our lands, businesses on our lands or those who partner with Westbank First Nation – deserve to see the full picture and deserve an accountable, transparent government.

“That creates a stronger government for everybody.”