Planning versus Musqueam lawsuit

Some people still seem to think the City of Richmond can’t begin studying the Garden City Lands until the Musqueam Indian Band lawsuit is resolved. I’ve just looked through the lawsuit documents again for any evidence of that. There is none.

Essentially, the band wants more money for the City’s alleged unjust enrichment of itself. Any planning that is done for uses that are in keeping with the lands existing status as ALR land would help to refute the claim. Since almost all members of the current council are committed to ALR uses, we can  be confident that preliminary planning would help in every way, including the lawsuit way.

Reviewing the lawsuit documents did remind me of a couple of points that do affect use of the lands:

  • According to the band’s statement of claim, the band is still trying to develop the “TEC Lands,” with the Band getting a share of the profits. The TEC Lands are the 15% of the Garden City Lands that would have been used for a Trade and Exhibition Centre if it had been worth building. The claim seems obviously weak, but in any case there is no way that preliminary planning (e.g., doing an inventory of plant and animal life) would hinder the possibility of the development.
  • Similarly, the statement of claim seeks to have the City develop a joint cultural centre with the Musqueam. That too wouldn’t be hindered by the City’s preliminary planning and is obviously weak, since the City purchase of the Lands was explicitly “free and clear of all encumbrances.” (Common sense says that the obligation the Band is claiming would be an encumbrance.) My best guess is that claims like this one are mainly included as distractions from the “unjust enrichment” claim that would make some sense if the City were not committed to ALR uses.

To fill out this post, review “Taking action to defuse the lawsuit,” which includes links to the Musqueam lawsuit documents.

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1 Comment »

  1. 1
    mike Says:

    PLANT AS MANY DIFFERENT NATIVE PLANTS THERE AS POSSIBLE PLEASE. I WILL GATHER ALL OF THE LOVE IN RICHMOND TO HELP. That is all.


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