On the last day before a court order expired, the federal and provincial governments were expected to make an announcement about whether they would fund the E&N Rail restoration project. Instead, they gave the land back to the Snaw-Naw-As First Nation, whose lawsuit started the 18-month timer.

Snaw-Naw-As, at Nanoose Bay north of Nanaimo, had lost 10.78 acres (4.36 hectares) of land in the 1800s to the E&N Rail corridor—part of the rail deal that brought BC into Canada. A clause in the Indian Act allowed reserve lands to be taken for railway use. The corridor bisects their reserve, cutting them off from the highway, and has hampered development.

Since the train stopped running in 2011 and therefore their land wasn’t being used for its intended purpose, Snaw-Naw-As have argued the land should be returned to them. In 2020 they took that argument to court, which resulted in the ultimatum that expired March 14, 2023.

Now that Snaw-Naw-As is in charge of the land again, their interests will be front and centre to any corridor consideration. 

“This is a historic day for the Snaw-Naw-As Mustimuxw. Rail has served an important purpose for British Columbia: it was a condition precedent to bringing Vancouver Island into the Dominion of Canada, but this came at the expense of hindering the Snaw-Naw-As and other First Nation communities. We sincerely hope that the corridor once again benefits all people of Vancouver Island,” said Snaw-Naw-As elected chief Gordon Edwards in a statement. 

“There are many questions about what lies ahead for the rest of the corridor, but for today, we celebrate the successful return of our land. I look forward to seeing what else is possible for our community, other First Nations, and the corridor as a whole, without having an unused rail in our way.”

Rail revival still possible, but reconciliation prioritized

Consultation with nations that happened last fall concluded that whatever happens with the corridor, the 14 First Nations whose territory is affected by the corridor want their interests and concerns to be primary to any decision on the corridor.

With this decision, governments seem to have listened. The corridor is not necessarily dead, but whatever happens, Snaw-Naw-As will have a real seat at the table. 

BC’s transportation minister, Rob Fleming, who is also the MLA for Victoria - Swan Lake, said in a statement that he still wants to see the corridor preserved and used for transportation. 

“The Province also firmly believes that any potential future use of the corridor, whether it involves rail restoration or not, must involve First Nations participation and perspectives. Consideration for how the Island rail corridor might be used in the future, and commitment to reconciliation, are inseparable,” he said.

Funding for future consultation

The province also committed $18 million towards future consultation with the affected First Nations and regional districts. 

“There is much more discussion to be had around the future of the corridor and that must be done in collaboration with the federal government, First Nations, and local government. The provincial government is committed to finding the best use for the Island rail corridor as well as supporting First Nations’ rights, jurisdiction and interests in these discussions,” Fleming said.

It’s yet to be determined whether this land return will become a precedent for the 13 other affected nations. In an email statement, the Ministry of Transportation and Infrastructure said it “understands and supports the need for a reconciliation-based approach when considering the future of the Island Rail Corridor.” Tuesday’s announcement was specific to Snaw-Naw-As, it said, adding that the “reversion processes may differ for each First Nation.”

Some First Nations members and reps skeptical of rail revival

Weeks ago, two Snaw-Naw-As councillors, Brent Edwards and Chris Bob, resigned from the Island Corridor Foundation board, saying the foundation was not listening to its First Nations members.

The territory of 14 First Nations are affected by the corridor, and in consultation with government last fall, they indicated there was limited interest in restoring rail. But the ICF pushed on, insisting rail was the best solution for the land and for Island transportation.

Edwards, Bob, and three other First Nations board members advocated for ICF to consider non-rail alternatives for the rail, such as light rail or rapid buses, but the rest of the board, including one representative from Komoks First Nation and six representatives from regional governments, rejected the motion.

Edwards told The Westshore that he is concerned about the cost and considers the existing estimates too old to be valid.

A study released in 2020 by MoTI estimated full line revitalization at $728 million, with an initial phase costing $227 million and providing slow service from Victoria to Courtenay with two to four freight trains and two to four passenger trains per day. ICF also commissioned a business case report, which calculated a budget of $431 million.

Capital Daily contacted the ICF for comment, but did not receive a reply during the Tuesday workday.