The province is in the final stages of negotiating a modern treaty with five First Nations that will see the transfer of Hatley Park and other government land
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A proposed modern treaty among the province and five First Nations on Vancouver Island is drawing concerns around the transfer of lands — housing a university, two public parks and prime Victoria real estate — to Indigenous ownership.
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Under negotiation for over 30 years, the Te’mexw treaty, as currently outlined, would transfer ownership of 30 plots of government land totalling almost 20 square kilometres to the Songhees, Scia’new (Beecher Bay), Malahat, T’Sou-ke Nations and Snaw-Naw-As First Nations.
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This includes Sooke Mountain Provincial Park, Discovery Island Marine Provincial Park, and Hatley Park — home to Hatley Castle and Royal Road University. Two parking lots in prime locations near the legislature and along the waterfront in Victoria have also been included in the draft.
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The proposed treaty is far from finalized. It is scheduled to go before B.C.’s Treasury Board this fall after which it will go back to the five nations for ratification, a process that typically takes 18 months, before returning to the legislature for final ratification and then on to Ottawa for the federal government to sign off.
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It is expected to be three to five years before the treaty is implemented.
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Critics of the negotiations warn the treaty could prevent public access to parks enjoyed by all British Columbians and lead to a lack of say over development in the provincial capital.
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The nations’ lawyer and the province counter the treaty will stipulate public access must be maintained and that any development will be carried out in collaboration with local municipalities.
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Here are three things you need to know:
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What is the future of Royal Roads University?
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Under the proposed treaty, Hatley Park, which includes Hatley Castle and Royal Roads University, and the rest of the Hatley lands, which covers more than two square kilometres and is owned by the federal government, will be transferred to the Songhees Nation.
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Once under the control of the Songhees, the nation would allow Royal Roads to buy the part of the property that houses its campus, including the castle.
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The rest of the surrounding park would remain owned by the nation.
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Robert Janes, a lawyer with the Te’mexw Treaty Association, says the Songhees will honour the one-dollar-a-year lease agreement Royal Roads has with Ottawa if the school can’t come up with the money to buy the land. He says he can’t give an exact amount but said the Songhees are asking for several million dollars to sell the property.
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“Our message to Royal Roads University has been: ‘Look, we’re happy to work with you to have you buy your lands. We’re happy to work with you to continue the lease,’” said Janes.
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Caroline Elliott, an academic specializing in Indigenous self-governance and the runner-up in the recent B.C. Conservative leadership race, said it makes no sense for the federal government to hand the Songhees the land only for the nation to turn around and sell part of it for millions of dollars to an institution that already uses it.
