The president of the University Endowment Lands advisory council says he believes the Musqueam Indian Band will build housing on the University Golf Club, and lashed out at the province for not following proper procedure for negotiations.
"The government has a statutory requirement, an obligation, to listen to us as the advisory body of the University Endowment Lands if there is any land-use changes," Bob Kasting said Tuesday. "We have been cut out of it completely. . . . Nobody has talked to us."
Formed this spring, the elected council represents residents of the University Endowment Lands, he said.
The B.C. government is rumoured to be working on a deal involving a transfer of the University Golf Club, in the Endowment Lands, to the Musqueam band.
A representative for B.C. Aboriginal Relations Minister Mike de Jong said she could not talk about the matter. "The minister has been very clear that there is an active negotiation . . . and that it is not appropriate . . . to be discussing details of those agreements until they are reached," said spokeswoman Deborah Bowman.
Kasting said Tuesday he believes the Musqueam intention was made clear in legal arguments the band made after the province sold the golf course lands to the University of B.C. in 2003.
The Musqueam asked the B.C. Supreme Court to stop the sale. That court ruled against the Musqueam, but the Court of Appeal subsequently ruled the province had failed to consult the band. The appeal court gave the two sides two years to resolve their differences.
The band told the court its reserves are not adequate for its members' present or future housing needs. "Without more land, Musqueam cannot provide proper housing to its members, prosper or be self-supporting or self-determining as a people," it continued, pointing out that the "golf course land is one of the very few remaining parcels of Crown-held land in the Musqueam traditional territory that could be available for treaty settlement purposes."
Musqueam leaders did not return calls Tuesday.
But on the Musqueam reserve Tuesday most people said they hadn't heard much about the deal.
Will Dan Sr. said his people desperately need more land for housing as many houses are occupied by more than one family. "They've taken so much away from us that we've got nothing."
Louis and Amy Campbell echoed his worries that their land claims deal would be tied up in court.
However, court documents also show that the Musqueam band offered in 2003 to buy the golf course on the understanding it would honour a covenant restricting the use of the land to a golf-course for a "long-term period."
On Tuesday, Kasting acknowledged that, but said he does not think that is enough protection.
"It appears that all parties are saying that the golf course will continue to operate since there is a lease in place until 2015 to operate a golf course and a restrictive covenant on title to prevent the change in use from a golf course," he said in a written statement, adding a warning that "leases can be broken and the province may discharge the restrictive covenant at any time."
Kasting is seeking a delay in any ownership changes at the golf course until it is clear what responsibilities the province has to consult his organization.
Despite the Musqueam court challenge, the province sold the golf course to the University of B.C. in 2003 for $11 million. As part of that deal, the university agreed to the covenant to keep the land as a golf course.
UBC leases the land to Vancouver businessman David Ho, who has run the course since 1990 and has eight years remaining on his lease.
The University Golf Club is the only full-sized public course in Vancouver apart from the three city-owned courses, Fraserview, Langara and McCleery. The Musqueam band already owns the Musqueam Golf Centre and in 2032 will take control of Shaughnessy Golf & Country Club.
jfowlie@png.canwest.com
UNKNOWN COURSE
Residents are wondering about a rumoured deal between B.C. and the Musqueam band.
UNIVERSITY ENDOWMENT LANDS RESIDENTS
The UEL council fears the Musqueam band will turn the golf course into housing projects. Its requests for information have been ignored by government.
UNIVERSITY GOLF COURSE
The course was bought in 2003 by UBC and is leased to Vancouver businessman David Ho. That sale was called into question by the B.C. Court of Appeal, which has given two years for all parties to find a resolution.
MUSQUEAM RESERVE
The Musqueam band went to court in an attempt to overturn the 2003 sale of the University Golf Club to UBC.