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

Union president ‘cautiously optimistic’ school strike could end over the weekend

Saanich School District strike has kept staff, 8,000 students out of school since Oct. 28

Saanich school district parent pens open letter as CUPE strike continues

‘It’s not a strike that’s just affecting adults,’ wrote the parent who wants kids back in school

More people are being evicted from subsidized housing in Victoria, experts say

Closing of Pacifica Housing’s Fairfield Hotel a sign of ongoing trends

Holiday Country Grocer campaign returns to make children’s dreams come true

Proceeds from campaign go towards Help Fill A Dream foundation

Greater Victoria Cycling Coalition and Bike to Work Society merge

The new organization plans a full roll out in spring 2020

VIDEO: Six months later, downtown Victoria business still feels the burn of Pandora fire

Sattva Spa stripped to the bare bones and won’t be operational for another year

Greater Victoria 2019 holiday craft fair roundup

Get a jump on your holiday shopping

POLL: Do you support CUPE workers in their dispute with School District 63?

SD63 schools to remain closed as strike continues Tuesday

Sportsnet looks at new options for Coach’s Corner time slot, post-Don Cherry

Spokesperson says Hall of Fame feature on tap this weekend after co-host’s firing

Grand Forks residents protest on bridge to call for ‘fair’ compensation after 2018 floods

Demonstrators also criticized how long it has taken to be offered land deals

B.C. taxi drivers no longer exempt from wearing a seatbelt

Before, taxi drivers were allowed to forego a seatbelt when driving under 70 kilometres an hour

Car dash covered in papers not an excuse for speeding, Delta police warn

After pulling driver over for speeding, police found his speedometer blocked by a stack of papers

B.C. woman seeks return of jewelry box containing father’s cremated remains

Sicamous RCMP report handmade box was stolen from a storage locker

Vancouver police officer charged with sexual assault in apparent off-duty incident

Jagraj Roger Berar, 51, of Surrey, charged in incident alleged to have happened in Whistler

Most Read