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Neskonlith discontinue appeal smartCentres issue: City of Salmon Arm now attempting to recover court costs.
By Martha Wickett OBSeRveR STAFF
The neskonlith Indian Band won’t be taking its appeal to the Supreme court of canada, but that doesn’t mean the issue prompting legal action has been resolved. The appeal stems from an environmentally hazardous areas development permit that the city of Salmon Arm issued in October 2011 for the Smartcentres site. neskonlith chief Judy Wilson told the Observer the band will not be going to canada’s highest court. “We are not pursuing the... appeal to the Supreme court of canada but we are looking at all other legal options in light of the court of Appeals decision that leaves neskonlith and other First nations affected by municipal land-use decisions without a remedy,” Wilson said. Asked about other options, she said there are several similar cases in canada, so the neskonlith will work with other bands. “It’s not just neskonlith affected, but other First nations… “We continue to have serious concerns about flooding with regard to this development; we don’t intend to leave them unaddressed. Any future developer or investor needs to be aware of those risks and potential liabilities.” In April, Justice Peter leask in Bc Supreme court dismissed the neskonlith’s request for a judicial review. The band had argued that the city had a legal or constitutional obligation to consult with the band before issuing the development permit. The site is adjacent to the Salmon River, which borders neskonlith land to the west. leask concluded that the duty to consult, when decisions may affect aboriginal rights or title, rests with the province. The band had argued that because the province had delegated some land-use decisions to municiSee City on page A2
JaMes Murray/OBSeRveR
Jammin’ with Mrs. Claus
Triston Antonenko plays the harmonica with Mrs. Claus prior to Santa’s arrival Saturday morning at the Mall at Piccadilly.
Sturgis meets with creditors Motorcycle rally: Site may overlap with Little Shuswap band land.
By Martha Wickett OBSeRveR STAFF
The future of debts owed to businesses who provided products and services to the Sturgis north event in Salmon Arm in 2011 still remains to be seen. “Who knows what’s going to happen,” remarked Brad Handel, owner of Techlectric in Salmon Arm, who is still owed about $60,000. He made the comment following a recent meeting of
This week The Christmas season has arrived with a whole host of event options. See A25-A28. Age is no limit for playing hockey in Salmon Arm. Check out the action on page A21.
about 15 creditors with Joan Hansen of Sturgis north and a bookkeeper. He said Hansen agreed to set up a trust account and the creditors suggested it be at Brooke Jackson Downs law firm in Salmon Arm. “everybody agreed it would be 10 per cent of ticket sales,” Handel said, noting that there was discussion of getting installments as tickets were sold but, in order to not create too much of a bookkeeping nightmare, creditors
would probably get a payment every quarter. Regarding the 10 per cent, Handel said Hansen told the meeting that she would have to clear it with her partners – who are the neskonlith Indian Band. He notes it will be up to Sturgis north to put money in the trust fund. Handel said ticket sales were to begin at the end of november but he hasn’t seen evidence of that yet. Sturgis north announced the event will be held Aug. 22
to 25, 2013 at Silvery Beach on little Shuswap lake near Squilax. The map of the site shown on the Sturgis north Facebook page appears to extend to little Shuswap Band territory, but chief Felix Arnouse said Monday he doesn’t know much about the jamboree and music festival. He said he hasn’t been contacted by Sturgis north but he would be calling neskonlith chief Judy Wilson to learn more details about it.
Index Opinion ....................... A6 View Point .................. A7 Life & Times ............... A8 Sports............... A21-A24 Arts & Events ... A25-A28 Time Out................... A29 Vol. 105, No.49, 52 pages