Kitsilano residents association goes to court against Senakw development
Posted October 6, 2022 1:15 pm.
Last Updated October 6, 2022 1:16 pm.
A residents association in Vancouver’s Kitsilano neighbourhood is taking the City of Vancouver and Sḵwx̱wú7mesh Úxwumixw (Squamish Nation) to court over a services agreement.
Kits Point Residents Association filed a petition for a “judicial review” Wednesday over the city’s agreement to provide services, such as water, sewage, and electricity, to Squamish Nation’s first-of-its-kind Sen̓áḵw development.
In a release, the association is filing the petition of review on four points, all of which lay claim that the city’s decision was made “secret”, and in direct opposition to the Vancouver Charter.
“Our case raises issues of, among others, the duty of fairness owed by the city to its citizens in respect of its negotiation and approval of the Services Agreement, the use by mayor and council of in-camera (secret) proceedings.”
The association also claims that residents in the area were not consulted on the services agreement.
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“The city breached the rules of procedural fairness and natural justice by passing a resolution at an in-camera meeting authorizing the execution of the Services Agreement without first providing residents affected by the development contemplated in the Services Agreement with an opportunity to be heard and to make representations to council,” the petition reads.
In May, the city signed the agreement with Squamish Nation, in a deal which will see the construction of one of the largest residential developments the city has ever seen.
Built on the Nation’s unceded ancestral land, the development of 6,000 new rental homes — around 250 of which will be designated as affordable housing for Squamish Nation members — will also bring in billions of dollars in revenue for the Nation.
Speaking to CityNews at the time of the signing, Nation spokesperson Sxwíxwtn (Wilson Williams) said the agreement shows the Nation and city are committed to making the project a reality.
“And [it] reaffirms the city’s commitment to advance reconciliation with us,” Williams said.
Sen̓áḵw can be interpreted as “the place inside the head of False Creek.” The part of unceded Squamish Nation territory where the development will be built used to be a seasonal fishing village, which later became a permanent village.
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The ancestral village of Sen̓áḵw was stolen by the provincial government in 1913. Only after winning a decades-long court battle was 10.5 acres of their land returned to the Nation in 2003.
As the land is designated as “reserve land,” the sovereign Nation is not required to seek approval or input from Canadian governments, however, Squamish Nation Chairperson Khelsilem told CityNews earlier in the year that Nation does want input as it moves forward in the development.
In a statement Thursday, current city councillor Christine Boyle and her party OneCity say the application to review the city’s service agreement does “nothing to move forward either reconciliation or desperately-needed housing.”
“The City of Vancouver negotiates service agreements with First Nations on a regular basis,” Boyle said. “Allowing these agreements to proceed is critical to maintaining a healthy working relationship with the Musqueam, Squamish and Tsleil-Waututh Nations on whose territories we all live, and to living up to our commitments to reconciliation and Indigenous justice.”
OneCity council candidate Matthew Norris, Lac La Ronge First Nation member, says the Sen̓áḵw development is reconciliation in action.
“A community forced from their home has now returned in triumph. The Sen̓áḵw neighbourhood will bring meaningful and significant benefit to the Squamish Nation and to the City of Vancouver,” he said.
“Just a few days ago we recognized the National Day of Truth and Reconciliation. Our collective commitment to reconciliation and addressing the colonial history of this country and this city needs to be more than just words, we need to take concrete actions to support the Indigenous Nations on whose land we live. As a city committed to reconciliation it is our duty to recognize the rights of the Indigenous nations on whose lands we live and take action to support these nations as they implement their rights.”
In a statement to CityNews, the City of Vancouver says it “is reviewing the legal petition and will respond in due course.”
CityNews has reached out to Squamish Nation for comment.
–With files from Kier Junos
