Delta Launches Legal Action
|Corporation of Delta Launches Legal Action Against the Province in Challenge of TFN Treaty Process|
|December 9, 2004|
The Corporation of Delta today announced that it is issuing legal proceedings to prevent the Government of British Columbia from signing a Treaty with the Tsawwassen First Nation (TFN) before following due process legislated by the Local Government Act.
The Mayor and Council have launched the action having received information from the Chair of the Greater Vancouver Regional District (GVRD) that "the Tsawwassen treaty negotiations. according to Provincial treaty negotiators, are to be concluded by December 15, 2004."
"We are alarmed," stated Mayor Lois Jackson, " that the Province is not following due process. Nor is it providing us with any certainty about which lands may be removed from our boundaries. The residents of Delta have not been provided the opportunity to have a direct voice on changes to Delta's boundaries. This is our right under the Local Government Act."
It appears that the Treaty would, initially, remove some 902 acres of land from Delta's boundaries and jurisdiction although there has been no confirmation of this by the Province to Delta. It is additionally unclear whether Delta's boundaries as they extend into the Strait of Georgia and Boundary Bay will be affected.
Moreover, it is not clear what the status would be of lands purchased by TFN post- treaty. However, these, too, might be removed from Delta's boundaries.
Sections 21 and 26 of the Local Government Act prescribe a process for the removal of lands from a municipality's boundaries. That process, which can include the assent of those people living in the areas which are to be excluded, has not been followed.
The action maintains that the Provincial Government, through the treaty process, has not followed the legislated process regarding intended changes to Delta's boundaries.
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