Westbank First Nation office. - Google Maps

B.C. woman evicted from home on First Nation land after husband dies

A 64-year-old woman will have to move from her home on WFN lands

A 64-year-old woman who has lived on Westbank First Nation land for the last 25 years will have to leave her home since her husband died and she is not a band member.

Bonnie Alice Watts is a member of the Aundeck Omni Kaning First Nation in Ontario and married a member of the WFN, Michael Julian Watts in 1998. They have three adopted children, all members of the WFN and have lived on WFN land since 1995, according to court documents.

In 2016, the pair applied and were accepted to participate in a WFN home ownership program, and spend $20,000 renovating a property before obtaining a residential lease agreement with an option to purchase along with the approval that they could occupy the house, according to the documents.

Watts said the home is important to her because she provided input into the design and construction of the renovations, the property is located within the traditional lands of her husband and she has a strong connection to the WFN community.

After her husband’s death in April 2018, she continued to live on the property and paid rent to the WFN in accordance with the lease agreement.

READ MORE: Westbank First Nation talks implementation branch with Minister Carolyn Bennett

In June she was informed the lease option could not be transferred because the property was WFN community property and was delivered a formal Notice in End Tenancy in November 2018, said court documents.

Watts tried to get an injunction but B.C. Supreme Court Judge Dennis Hori ruled with the WFN.

WFN law states that housing must go to band members, and the option to purchase conditions were not yet fulfilled.

She argued that she has limited means and nowhere else to go if she is evicted. She has lived in the neighbourhood for 15 years and wished to pass the property down to her children.

The judge ruled “there is no evidence that Mrs. Watts could not continue to reside on the traditional territory of her deceased husband. There is no evidence that she could not maintain her connections to the WFN community or that she could not continue to live in the same neighbourhood. In fact, the evidence from the WFN is that there are market value rental properties available on WFN lands and that there are 10,000 non-members currently residing on WFN properties.”

Watts has 30 days to vacate the property.

The WFN has issued a statement in response: “This is an unfortunate situation. WFN feels for and has exercised compassion for those involved. While we cannot comment on personal details of the situation, WFN’s laws were followed in this case, supported by a B.C. Supreme Court ruling. WFN encourages all those who are interested to fully review ruling, which is a public document.”

READ MORE: Westbank First Nation Council approves annual budget

READ MORE: Westbank First Nation building solar rooftop for local school

READ MORE: Historic grad ceremony for Westbank First Nation technicians

@carliberry_
carli.berry@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Comments are closed

Just Posted

Ambulance service practises virtual reality CPR in Victoria

Training takes place on B.C. Parliament lawns

Block party hosted in Oak Bay to welcome two young Syrian refugees

Funds raised will support the brothers for first year on Island

Queue up a playlist of Victoria musicians

Local guitarist, Cody Rueger, creates playlist to highlight Victoria’s music scene

Risk of thunderstorms in Wednesday’s forecast

Plus a look ahead at the weekend forecast

VIDEO: Trans Mountain expansion project gets green light, again

Prime Minister Justin Trudeau announced the decision in Ottawa on Tuesday afternoon

Greater Victoria wanted list for the week of June 18

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

POLL: Do you support the government’s decision to approve the Trans Mountain pipeline expansion?

The federal government announced Tuesday its approval for the Trans Mountain pipeline… Continue reading

Federal cabinet ministers visit Edmonton, Calgary, in wake of TMX approval

Natural Resources Minister Amarjeet Sohi is set to visit Trans Mountain Corp.’s terminal in Edmonton

B.C. municipality prepares to forbid overnight camping by homeless despite court ruling

While courts have ruled against blanket bans, Langley City is employing a site-by-site approach

B.C. auditor says Indigenous grad rate highest ever but education gaps exist

The percentage of Indigenous students graduating from B.C. public high schools has hit its highest level ever

Statistics Canada reports annual pace of inflation rises in May to 2.4%

Transportation prices gained 3.1 per cent as the cost of air transportation added 8.9 per cent

BREAKING: Forest fire on North Island disrupts Hwy. 19

Wildfire has reached .25 hectares, according to BC Wildfire Service

Man to be sentenced for sexual abuse of young girl in Nanaimo

Stephen Mark Castleden also sentenced for child pornography-related charges

Most Read