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I found the following from the Globe and Mail. The article summarizes the court decision at the root of INAC's current actions regarding the KVR land:

February 14, 1985 Thursday

Judge gives CP land back to Indians

DATELINE: Vancouver BC
BYLINE: CP
LENGTH: 286 words

VANCOUVER (CP) - A B.C. Supreme Court judge has ruled that Canadian Pacific Ltd. and its real estate arm, Marathon Realty Co. Ltd., must return 13 acres of land to the Penticton Indian Band. The decision will probably be appealed, CP lawyer Norm Mullins said, because it could affect the outcome of two disputes in Alberta, one in Ontario and one at Hope, B.C.

The CPR paid $6,560 for the land from the band's reserve near the Penticton airport in 1949. It was used as a right of way for CP's Kettle Valley line until 1976, when the railway stopped using the line and later transferred title to the land to it to its subsidiary, Marathon Realty.

Justice department lawyer William Scarth, acting for the federal Government and the band, said the land was appraised at $178,500 in 1979, without an icehouse and pumphouse the railway company had built on it. The claim was for return of the land and damages for loss of revenue from it since CP stopped using it as a right of way.

Mr. Justice Kenneth Meredith dismissed the damages claim, saying the band had not lost 'anything substantial by reason of the deprivation of the lands.' The federal cabinet of the day consented to the the railway's purchase of the land. Judge Meredith interpreted the 1948 cabinet order and relevant sections of the Indian Act and the Railway Act to mean that the railway could not sell or transfer the land and could keep only what it needed and was using to run its railway. 'The purported alienation of the lands by CP to Marathon is illegal as contrary to the Railway Act,' he said. 'Because the lands are no longer necessary and are thus no longer used for purposes of the railway, they must be restored to the Crown.'

 

 

 

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