Appeal Court agrees with Musqueam, quashes UBC golf course title transfer
- Appeal Court agrees with Musqueam, quashes UBC golf course title transfer
March 8, 2005
CREDIT: Mark Van Manen, Vancouver Sun Files
Monday's Appeal Court ruling in favour of the Musqueam native band doesn't affect operations at the hugely popular 18-hole University of B.C. golf course.
VANCOUVER - The B.C. Court of Appeal has quashed a 2003 agreement by which the provincial government sold the University Golf Course to the University of B.C. over the objections of the Musqueam Indian Band.
The band has filed land claims against the property and wanted to include the golf course in future negotiations.
However, the provincial Ministry of Resource Management, Land and Water, transferred title to UBC for $11 million in an agreement stipulating that the property must be kept as an 18-hole public golf course
The band first went to B.C. Supreme Court to have the agreement overturned arguing that by transferring title to a third party the provincial government was placing the property beyond the band's reach in treaty negotiations.
On Monday, three Appeal Court judges broadly agreed that the government breached its duty to consult and accommodate the band before transferring title to the property. But they disagreed on what should be done about it.
Justice M. F. Southin said her tentative view was that UBC should be ordered to re-convey the land back to the provincial government and repay the purchase price.
The other two judges, John Hall and P.D. Lowry, agreed the order-in-council authorizing the sale should be suspended for two years while the parties each an agreement.
The decision doesn't affect the operation of the golf course.
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