B.C. First Nation \u2018confident\u2019 in Island land transfer despite court injunction<\/p>\n
Published 4:39 pm Friday, April 10, 2026<\/p>\n
Songhees Nation has responded to a civil claim filed by Esquimalt Nation with the B.C. Supreme Court, disputing the future ownership of Hatley Park in Colwood.<\/p>\n
Esquimalt Nation has called for a stop to negotiations between Songhees Nation and Canada to designate Hatley Park, which is home to Royal Roads University, as Songhees treaty lands.<\/p>\n
As well as a permanent injunction against the designation, Esquimalt Nation\u2019s civil claim, filed March 27, is asking the federal government to declare it holds an existing Aboriginal title to \u201call or some of Hatley Park\u201d under Canada\u2019s Constitution.<\/p>\n
In response, Songhees Nation has said it \u201cis not a party to\u201d Esquimalt Nation\u2019s claim and does not believe it will affect their future treaty settlement negotiations.<\/p>\n
A member of the Te\u2019mexw Treaty Association, alongside four other Nations, Songhees Nation is in the process of negotiating modern treaties with Canada and the province.<\/p>\n
As part of those negotiations, it has been proposed that ownership of Hatley Park, which is currently owned by the Department of National Defence, be transferred to Songhees Nation.<\/p>\n
\u201cSonghees Nation has acted responsibly and in good faith throughout the treaty process, working closely with Canada and British Columbia over many years to reach a fair and lasting agreement for our people,\u201d said a statement from Songhees Nation Chief Ron Sam.<\/p>\n
\u201cWe respect Esquimalt Nation\u2019s decisions and remain focused on our own treaty path. We continue to believe that outstanding issues can and should be resolved between Esquimalt Nation and Canada, through the appropriate processes, without delaying Songhees\u2019 treaty or the commitments that have been made to our Nation.\u201d<\/p>\n
According to Songhees Nation, Esquimalt Nation has chosen not to participate in the treaty process \u2013 a choice the Nation says it respects.<\/p>\n
\u201cCanada and British Columbia, with Songhees\u2019 consistent collaboration and support, have engaged openly with Esquimalt Nation for over seven years, and have made substantive offers of land and other benefits to Esquimalt Nation during that time,\u201d notes a Songhees Nation news release.<\/p>\n
In its civil claim, Esquimalt Nation says it has \u201cfor decades\u201d asserted its interests in Hatley Park under Canada\u2019s Constitution. It says the transfer of some or all of Hatley Park to Songhees Nation will impact negotiations with Canada and the province for its own reconciliation agreement.<\/p>\n
\u201cBecause of the lack of other available Crown land in Lekwungen Territory, the transfer \u2026 further impacts Esquimalt by leaving few to no opportunities to re-acquire land from Lekwungen Territory that is unencumbered by other interests for Esquimalt to use, enjoy, occupy, assert jurisdiction, manage, and benefit from economically,\u201d said the Nation\u2019s claim.<\/p>\n
The Te\u2019mexw treaties are nearing the end of stage five of the six-part B.C. Treaty Commission process.<\/p>\n
Should Songhees Nation members approve the treaty, it expects Canada to move ahead with the transfer of the whole of the Hatley Park lands that have been committed to Songhees under the proposed treaty.<\/p>\n
\u201cSonghees Nation has engaged constructively and in good faith throughout this process, and the commitments made to Songhees under the proposed treaty are well-founded,\u201d said Robert Janes, partner at JFK Law LLP. \u201cEsquimalt Nation\u2019s claim does not alter the legal basis of Songhees\u2019 treaty, and we are confident that Canada will honour its obligations to Songhees Nation.\u201d<\/p>\n
Songhees Nation said it encourages all parties to \u201cpursue a constructive resolution through the appropriate channels,\u201d and it remains confident that Canada and Esquimalt Nation can find a path forward.<\/p>\n