Access Dispute Owner Vs Band

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Symbonite
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Access Dispute Owner Vs Band

Post by Symbonite »

**Disclaimer: The above statement is in my OPINION only.
TylerM4
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Re: Access Dispute Owner Vs Band

Post by TylerM4 »

Not much to go on in this article.

1st thing we'd need to know is "Who actually owns the land". Pretty lazy reporting - they could have easily chased that information down to actually make the story relevant.
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Bsuds
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Re: Access Dispute Owner Vs Band

Post by Bsuds »

The Natives will win.
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Dawnland
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Re: Access Dispute Owner Vs Band

Post by Dawnland »

If this falls under the same jurisdiction and Okanagan Lake, she can only block access to the high-water mark. (Remember Three Mile?) If this fall under the Federal waterways jurisdiction doesn't she own 15ft back from the high-water-mark? (Remember Chanel maintenance?) I have video of that woman, standing at the edge yelling and videotaping then talking on the phone as five men were taking their net and fish away. They all respected her property line (as they understand it to be) and didn't engage her except for a brief exchange when she was calling the police and her lawyer.
The Okanagan Nation membership congregates at the dam for about three weeks when the salmon are coming through. So because she has to see people across the river and in the water, she's mad? Aw, poor thing.
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Symbonite
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Re: Access Dispute Owner Vs Band

Post by Symbonite »

TylerM4 wrote:Not much to go on in this article.

1st thing we'd need to know is "Who actually owns the land". Pretty lazy reporting - they could have easily chased that information down to actually make the story relevant.



Ya i guess your right with the article i guess most of the story is in the video. Just like in Kelowna you dont own the water..just all the way to the high water mark. just depends how the band is accessing it. if they are crossing through her property then ya she may have a point but if the swim from the other side to where they are...then nothing she can do
**Disclaimer: The above statement is in my OPINION only.
TylerM4
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Re: Access Dispute Owner Vs Band

Post by TylerM4 »

Symbonite wrote:
Ya i guess your right with the article i guess most of the story is in the video. Just like in Kelowna you dont own the water..just all the way to the high water mark. just depends how the band is accessing it. if they are crossing through her property then ya she may have a point but if the swim from the other side to where they are...then nothing she can do


Agreed. I had assumed the problem was crossing her property to access the river's edge, or them using land above the high water mark. If they're just hanging out on the banks, then she's going to have to live with it.
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Re: Access Dispute Owner Vs Band

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Dawnland
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Re: Access Dispute Owner Vs Band

Post by Dawnland »

*removed*
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george~
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Re: Access Dispute Owner Vs Band

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dontrump
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Re: Access Dispute Owner Vs Band

Post by dontrump »

The illegal netting of fish here should be the headline second off if they stick to the shoreline theres not much she can do unless she bought the shoreline rights. called FORESHORE RIGHTS
the title is very misleading because it has nothing to do with a so called band its a group of Natives
netting fish
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maryjane48
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Re: Access Dispute Owner Vs Band

Post by maryjane48 »

dontrump wrote:The illegal netting of fish here should be the headline second off if they stick to the shoreline theres not much she can do unless she bought the shoreline rights. called FORESHORE RIGHTS
the title is very misleading because it has nothing to do with a so called band its a group of Natives
netting fish

how you figure its not legal ?
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Rosemary1
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Re: Access Dispute Owner Vs Band

Post by Rosemary1 »

typical amateur reporting . not enough information to know who is right but just enough to get some people riled on one side or the other.
gman313
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Re: Access Dispute Owner Vs Band

Post by gman313 »

dontrump wrote:The illegal netting of fish here should be the headline second off if they stick to the shoreline theres not much she can do unless she bought the shoreline rights. called FORESHORE RIGHTS
the title is very misleading because it has nothing to do with a so called band its a group of Natives
netting fish


first nations get exceptions to the rule :topic:
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Nom_de_Plume
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Re: Access Dispute Owner Vs Band

Post by Nom_de_Plume »

Regardless of what she might think she owns, it doesn't really matter. In 1940 gov't cared very little for aboriginal (can't keep up with whatever politically correct term is the thing now) rights or treaty agreements. And even if her family did own it back in 1940, so what... My aunt owned her garage until 1990 until the city took an easement along an irrigation ditch and now half her garage is owned by the city. As long as people aren't walking through her yard to access the river there is nothing she can do.
The trouble with having an open mind, of course, is that people will insist on coming along and trying to put things in it.
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SmokeOnTheWater
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Re: Access Dispute Owner Vs Band

Post by SmokeOnTheWater »

Wondering why she's so upset. Why restrict them from fishing ?
I would bring them a big pitcher of cold lemonade and maybe get some salmon in return.
That's good barter right there.
" Nature is not a place to visit. It is home. " ~ Gary Snyder
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