Surviving family members each get a share in the estate lands under the Indian Act
Elder sisters and Okanagan Indian Band members Evelyn Wilson and Eleanor Eli have filed a human rights complaint over their rights to a property on the OKIB reserve.
Daughter Patricia Wilson says her aunt and mother are standing their ground and denouncing a band council decision issuing a notice to vacate the property, which has been in the family for decades.
Wilson says the two elders, both in their in their eighties, “are set on defending their rights to the estate property and occupancy.”
Wilson’s grandfather passed some years ago with no will, and a number of family members have lived in the home. Sadly, seven more family members have passed since then, muddying the waters on inheritance of the ‘certificate of possession’ lands.
While the property is on the reserve, so-called CP lands are privately owned, says Wilson.
Surviving family members each get a share in the estate lands under the Indian Act, she adds.
But the family says the band council “grossly overstepped” its authority in issuing the notice, and the decision sets a precedent that could affect all residents on reserve lands.
“At no point did the elders give OKIB council permission to come to their property to remove anyone, as the occupants are not in trespass,” says Wilson.
The notice was delivered to the home Dec. 16, and the women were “surprised and in disbelief,” says Wilson, as as they had been given permission for occupancy.
She says they were “blind-sided and excluded from the discussion.”
On Dec .18, Wilson and Eli asked for an explanation, but council did not offer any reason behind the move.
“There was a code of silence,” says Wilson.
The next day, council chair Allan Louis called the younger Wilson, stating that “council is standing by their decision.”
The order to vacate gave a deadline of Jan. 3 – today.
It allows police to remove any non-OKIB members from the land. Three of those on the property are not OKIB members.
Wilson says OKIB “has a duty of accountability, transparency and good governance,” and as the elders’ advocate has filed a complaint with the assessment and investigation branch of Crown and Indigenous Relations Northern Affairs Canada, and also with the Canadian Human Rights Tribunal.
“It’s a complex estate matter,” she says, and band council have not interfered with individual land holdings on reserve.
“It’s a family matter, not an OKIB council one … this is precedent setting. Why are they doing this?”
Wilson says she’s hoping for a “peaceful resolution” and that “leadership talks to the elders. It’s not an unreasonable request.
“They haven’t been able to defend themselves or answer any concerns.”
