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Squamish Nation takes trailer park residents to court

Notices of claim filed June 16 in BC Supreme Court
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The conflict between the Squamish Nation and a few Brackendale trailer park tenants has ramped up. 

The Nation has filed lawsuits against homeowners of three trailers in the Riverside Trailer Park.

The three tenants mentioned in notices of claim filed in the Supreme Court of B.C. on June 16 have not signed agreements to vacate by Sept. 30, according to the Nation.

“Squamish Nation has commenced legal action against the three tenants to have them and their belongings, including their mobile homes, removed from the Riverside Trailer Park,” read a news release from the Nation sent out Friday afternoon.

Wendy Linton and Stephen Bot, two of the three trailer owners served the notices of claim by the Nation, told The Chief in a written statement they were “astonished at the aggressive and heavy-handed behavior of the Nation council on behalf of their membership.” 

For decades, the Williams family had run the trailer park by right of what is called Certificates of Possession, which allow ownership of reserve lands according to the Indian Act.

In 2012, officials with the Squamish Nation discovered that part of the trailer park – Lots 6 and 7 of the Seaichem Reserve – were not covered by those certificates of possession and, therefore, belong solely to the Squamish Nation. 

In September of 2016, the Nation gave 19 trailer owners a year’s notice that their portion of the park was closing for health, safety and financial reasons.

The other tenants signed agreements and were, therefore, eligible to stay in the park without paying further pad fees until the fall closure date. 

Those residents who moved out of the park by March 31 qualified for additional payments. Those who did not sign were expected to continue paying their monthly pad fees, but have not, according to the Squamish band. 

Bot and Linton told The Chief they didn’t refuse to move out by the Sept. 30 deadline. 

“We just didn’t sign the agreement because it stated that we agreed to forfeit all legal rights,” they said. The pair said they needed time to find legal counsel to look over the agreements. 

“It added an inordinate amount of stress and pressure to tenants already trying to absorb the shock of the announcement to try and find the time while working to meet the unrealistic signing deadline imposed by the Squamish First Nation,” they stated.

In the notices of claim, the Squamish Nation is asking the court to affirm its right to possession of Lots 6 and 7 and agree to damages for rent, costs and interest.

The Nation also asks the court for an order for possession for the three trailer pads, as well as an injunction to keep the three tenants from remaining in possession of the trailer pads.

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