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First Nation suing B.C. government over historic Vancouver Island farm

Last Updated: Friday, September 19, 2008 | 10:54 PM ET

Cbc News

The Canadian Press

A Vancouver Island First Nation is suing the provincial government for ownership of a historic B.C. farm that is being eyed as a potential refuge for the homeless.

The Tsartlip First Nation said Friday the land where the Woodwynn farm is located on the Saanich Peninsula of Vancouver Island was granted to the band in an 1852 treaty.

In a lawsuit filed in B.C. Supreme Court, the band claims the subsequent sale of the land to private owners was illegal and the band wants it back.

The 78-hectare farm is listed for sale at $6.25 million.

Chief Wayne Morris said the government has breached the treaty by putting the property up for sale and failing to reserve the land for the Tsartlip.

He said the band will defend its treaty rights in court but is open to resolving the issue outside of legal action.

"We would actually like to acquire that property, and we know there's a movement to purchase it by another organization," Morris said.

"We've gone through a lot of struggle in trying to find a way of getting it back and add it to our reserve lands."

Morris said the band wants to use the farm to provide housing for its members and for agriculture purposes.

Several groups, including Royal Roads University and the Land Conservancy of B.C., are advocating a plan that would return the property to a working farm that would provide employment to homeless people from the Victoria area.

The Farmlands Trust Society is raising money to place a down payment on the property so it can use it to grow organic produce.