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

Canadiana complete when Murray McLauchlan’s in the house

Legendary singer/songwriter brings his folksy talents to the McPherson on June 13

So, they found ‘Dave from Vancouver Island’

Dave Tryon, now 72, will reunite with long-ago travelling friends in Monterey, Calif.

COLUMN: Motoring along sure to be different with changes to cars, infrastructure

Younger generation seems intent on creating a more efficient planet

Vancouver Islander pens Mourning Has Broken following death of her daughter

Book by radio host Erin Davis gives advice to others struggling with grief

Volunteers already rescuing fry from drying creekbeds around Cowichan Lake

It’s early but already salmon fry are being left high and dry

New airline regulations bring compensation for tarmac delays, over-bookings

Some of the new regulations will roll out in July, while others are expected for December.

Five takeaways from the Court of Appeal ruling on B.C.’s pipeline law

It’s unclear how many tools are left in B.C.’s toolbox to fight the project

Pacific Rim National Park Reserve investigating after sea lion found shot in the head

Animal is believed to have been killed somewhere between Ucluelet and Tofino

Woman assaulted at Bill Moore Park in Courtenay

Female grabbed from behind Thursday morning

Scheer says it would take Conservatives five years to balance budget

Scheeraccused the Liberal government of spending $79.5 billion of previously unbudgeted funds

Vancouver woman sexually assaulted after man follows her home; suspect at large

Police are looking for an Asian man in his 40s after the incident on Vancouver’s east side.

B.C. man, 30, arrested for driving his parents’ cars while impaired twice in one day

The Vancouver-area man was arrested after officers caught him driving impaired twice in one day

More than half of Canadians support ban on handguns, assault rifles: study

Divide between rural and urban respondents in latest Angus Reid Institute public opinion study

Most Read