Westbank First Nation office. - Google Maps

Widow evicted from home on WFN land after husband dies

A 64-year-old woman will have to move from her home on WFN lands

A 64-year-old woman who has lived on Westbank First Nation land for the last 25 years will have to leave her home because her husband died and she is not a band member.

Bonnie Alice Watts, a member of the Aundeck Omni Kaning First Nation in Ontario, married a member of the WFN, Michael Julian Watts, in 1998.

They have three adopted children, all WFN band members, and have lived on WFN land since 1995, according to court documents.

In 2016, the pair applied and were accepted to participate in a WFN home ownership program, and spend $20,000 renovating a property before obtaining a residential lease agreement with an option to purchase along with the approval that they could occupy the house, according to the documents.

Watts said the home is important to her because she provided input into the design and construction of the renovations, the property is located within the traditional lands of her husband and she has a strong connection to the WFN community.

After her husband’s death in April 2018, she continued to live on the property and paid rent to the WFN in accordance with the lease agreement.

READ MORE: Westbank First Nation talks implementation branch with Minister Carolyn Bennett

In June she was informed the lease option could not be transferred because the property was WFN community property and was delivered a formal Notice to End Tenancy in November 2018, said court documents.

Watts tried to get an injunction but B.C. Supreme Court Judge Dennis Hori ruled with the WFN.

WFN law states that housing must go to band members, and the option to purchase conditions were not yet fulfilled.

She argued that she has limited means and nowhere else to go if she is evicted.

She has lived in the neighbourhood for 15 years and wished to pass the property down to her children.

The judge stated in his decision: “There is no evidence that Mrs. Watts could not continue to reside on the traditional territory of her deceased husband. There is no evidence that she could not maintain her connections to the WFN community or that she could not continue to live in the same neighbourhood.

“In fact, the evidence from the WFN is that there are market value rental properties available on WFN lands and that there are 10,000 non-members currently residing on WFN properties.”

Watts has 30 days to vacate the property.

The WFN has issued this statement in response: “This is an unfortunate situation. WFN feels for and has exercised compassion for those involved. While we cannot comment on personal details of the situation, WFN’s laws were followed in this case, supported by a B.C. Supreme Court ruling. WFN encourages all those who are interested to fully review ruling, which is a public document.”

READ MORE: Westbank First Nation Council approves annual budget

READ MORE: Westbank First Nation building solar rooftop for local school

READ MORE: Historic grad ceremony for Westbank First Nation technicians

@carliberry_
carli.berry@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

BREAKING: Kelowna RCMP to further investigate 12 sexual assault cases, create sexual assault unit

Recommedations come five months after it was revealed 40 % of sexual assaults were deemed ‘unfounded’

Central Okanagan school board expands whistleblower policy

School employees will now be able to report criminal activity anonymously to an independent third party

Central Okanagan school board cancels trip to Europe over coronavirus fears

Students were supposed to visit Germany, Slovenia, Croatia, Bosnia and Italy

Brea Lake: Leading the Okanagan into the future

She is the chief executive officer for Accelerate Okanagan

Rockets stay hot with 5-4 win over Cougars

The Rockets collected seven of a possible eight points on their road trip

RCMP ask court about disposal of evidence in Robert Pickton case

Pickton was sentenced to life with no chance of parole for 25 years for the murders of six women

Wet’suwet’en hereditary chiefs optimistic ahead of talks with feds, province

Discussions with provincial and federal governments expected to start later today

‘The project is proceeding’: Horgan resolute in support of northern B.C. pipeline

B.C. premier speaks as talks scheduled with Wet’suwet’en hereditary chiefs

Businesses nominated for excellence awards

Upcoming awards ceremony has 67 nominees in 12 categories

Charges discontinued in 2017 shooting death of Penticton man

The manslaughter charge against Sylvain Demers has been stayed by Crown

Explicit Greta sticker linked to Alberta company draws outrage

The sticker includes the logo of Red Deer-based X-Site Energy Services

Share Now, formerly Car2Go, leaves Canada with valuable data in changing market: expert

Vancouver was its largest market in North America, with more than 300,000 customers

EDITORIAL: Standards of care

The decision to appoint an administrator at Summerland Seniors Village raises important questions

Off-duty RCMP officer helps catch Cache Creek car thief

‘This is just one example of how we are always ready to respond to emergencies’

Most Read