Songhees Nation is proceeding with its treaty negotiations and the proposed land transfer of Hatley Park, even as Esquimalt Nation has filed a civil claim challenging the process. The dispute centers on the future ownership of the land and its potential impact on Esquimalt Nation's reconciliation efforts.

Songhees Nation expresses strong confidence in the proposed transfer of Hatley Park, currently home to Royal Roads University in Colwood. This confidence persists despite the legal action initiated by Esquimalt Nation in the B.C. Supreme Court.

The Legal Challenge Unfolds

Esquimalt Nation filed its civil claim on March 27, seeking to halt negotiations between Songhees Nation and the Canadian government. These negotiations pertain to the designation of Hatley Park as Songhees treaty lands.

The claim requests a permanent injunction against this designation. It also asks the federal government to recognize Esquimalt Nation's existing Aboriginal title to some or all of Hatley Park under the Canadian Constitution.

Songhees Nation's Perspective

As a member of the Te'mexw Treaty Association, Songhees Nation is engaged in modern treaty negotiations with Canada and British Columbia. A key component of this process is a proposal to transfer ownership of Hatley Park from the Department of National Defence to Songhees Nation.

Songhees Nation emphasizes its unwavering commitment to the treaty process, asserting that it has acted responsibly and in good faith. The Nation states it has collaborated with Canada and British Columbia for years to achieve a fair and lasting agreement.

Chief Ron Sam of Songhees Nation highlights their respect for Esquimalt Nation's decisions while remaining focused on their own treaty path. The Nation believes that outstanding issues can and should be resolved between Esquimalt Nation and Canada through appropriate channels, without hindering Songhees' treaty progress or the commitments made to their Nation.

Songhees Nation notes that Esquimalt Nation chose not to participate in the treaty process, a decision Songhees respects. They also point out that Canada and British Columbia have engaged openly with Esquimalt Nation for over seven years, offering substantive land and other benefits during that time.

Esquimalt Nation's Concerns

In its civil claim, Esquimalt Nation asserts its long-maintained interests in Hatley Park under the Canadian Constitution. They argue that transferring the land to Songhees Nation would negatively impact their own reconciliation agreement negotiations with Canada and the province.

Esquimalt Nation also claims that the lack of available Crown land in Lekwungen Territory further limits their opportunities. This limitation affects their ability to acquire land for their use, enjoyment, occupation, jurisdictional assertion, management, and economic benefit.

The Path Forward

The Te'mexw treaties are nearing the final stage of the six-part B.C. Treaty Commission process. Should Songhees Nation members approve the treaty, they anticipate Canada will proceed with the transfer of Hatley Park lands as agreed upon.

Robert Janes, a partner at JFK Law LLP, representing Songhees Nation, states that Esquimalt Nation's claim does not affect the legal basis of Songhees' treaty. He expresses confidence that Canada will uphold its obligations to Songhees Nation.

Songhees Nation encourages all parties to find a constructive resolution through the proper channels. The Nation remains hopeful that Canada and Esquimalt Nation can reach a mutually agreeable solution. This situation underscores the complex nature of land claims and treaty negotiations in British Columbia, reflecting the competing interests and historical claims of First Nations within the region.