B.C. government legislation that will give a native band a piece of park land and a golf course in Vancouver will be the subject of a constitutional challenge in court.
Metro Vancouver's board of directors is upset the legislation will give the Musqueam Band part of Pacific Spirit Regional Park near the University of British Columbia without any compensation to local municipal agencies.
The board will ask the courts to rule on whether the province has the constitutional authority to expropriate land to settle First Nations' claims, or whether it's exclusive federal jurisdiction.
Board Chair Lois Jackson says Metro Vancouver supports efforts to settle native claims, but the legislation sets a precedent for the expropriation of municipal and regional property, and violates a promise made by the province not to use such land to resolve aboriginal claims.
Under the legislation, the Musqueam will get a golf course at UBC and two nearby parcels of land in Pacific Spirit Park amounting to 22 hectares.
As well, the band will receive $20.3 million in cash and title to the seven hectares of land beneath the River Rock Casino in Richmond.
