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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Route 26 reinstated from Skidegate to Alliford Bay

B.C. Ferries service will begin later in January

On the Wing: Christmas bird count reports, part 1

Haida Gwaii’s bird count report for Port Clements and Rose Spit

Queen Charlotte housing assessment jumps 31 per cent

Port Clements and Masset also see increases, according to B.C. Assessment

Pipeline at centre of B.C. conflict is creating jobs for First Nations: chief

All 20 elected band councils along the Coastal GasLink pipeline route have signed benefits agreements

Power saving measures in effect on Haida Gwaii

B.C. Hydro asks residents to conserve electricity to avoid outages during cold weather

Kids across Canada more at risk of hospitalization from flu this season: doctor

Dr. Theresa Tam said influenza B does not usually peak until February or later

Closed mills, housing surge support a positive forecast for lumber industries

B.C. lumber producers have closed mills accounting for 18% of province’s capacity, RBC report says

Good Samaritan pays part of rent for B.C. woman facing eviction in can-collecting dispute

Zora Hlevnjak, 76, supplements her pension by collecting cans and receiving public donations

Kelowna’s ‘Baby Mary’ finds biological parents after more than 30 years

Geneologist and DNA test helped her connect with her biological parents

Kelowna hotel to award couples for baby-making with Nooner deal

The deal includes a free stay every Valentine’s Day for the next 18 years

‘Scariest boat ride of my life’: Passengers trapped by ice on rocky B.C. ferry sailing

The Nimpkish docked in Bella Coola on Jan.12 coated in a thick layer of ice

B.C. pair ordered to pay $55,000 for oil tank discovered four years after selling home

Judge says defendants breached contract, despite being unaware of tank until basement flooded

Canada to give $25,000 to families of each Canadian who died in Iran plane crash

Prime Minister Justin Trudeau also made it clear that Canada still expects Iran to compensate victims

Oil and gas industry applauds top court’s dismissal of B.C.’s Trans Mountain case

The high court’s ruling Thursday removes one of the remaining obstacles for the project

Most Read