Tri-City municipalities — and other communities and regional districts across Canada — are being asked to bolster a legal defence fund overseen by the Federation of Canadian Municipalities (FCM).
Last month, the city of Coquitlam paid $2,917 to the FCM fund, which is used to cover legal costs of cases that advance the national legal interests of municipalities. Port Coquitlam also paid $1,287 while Port Moody offered $796.
The requested amounts are based on population numbers and contributions to the fund are voluntary.
The fund covers legal costs incurred by FCM in its role as intervenor. It has also been instrumental in setting legal precedents on key local issues as well as obtaining legal opinions on emerging policy files concerning local governments.
For example, in 2015, the FCM defended the municipal sector's interests before the CRTC in the city of Hamilton's rights-of-way dispute with Bell Canada. And, in 2012, it was on Halifax's side at the Supreme Court of Canada as it challenged the federal government's valuation of Halifax's Citadel Hill.
Port Coquitlam Mayor Greg Moore, who also chairs the Metro Vancouver board of directors, told The Tri-City News that PoCo could tap into the FCM fund to help defend its position against the Kwikwetlem First Nations. Its land claim — against a local government — is a first in Canadian history.
"If we're not able to negotiate out of that claim and it did go all the way to the Supreme Court of Canada, having FCM representing all local governments [as] an intervenor would help our case," said Moore, who is currently in discussion with Kwikwetlem Chief Ron Giesbrecht over 25 acres of city-owned land south of Gates Park to the reserve, in general.
Last year, Kwikwetlem filed an aboriginal title claim for territory that includes Riverview Hospital and the Forensic Psychiatric Hospital in Coquitlam as well as Colony Farm regional park and lands south of Gates Park in Port Coquitlam.
Over the past 14 months, "we have been in constant conversation and negotiations with them during that time frame," Moore said. "Never have the negotiations broken off so I think we're trying understand what the expectations are for both groups at the table."
Moore added, "There are potentially long-term repercussions if we rush through this — for both communities."
Metro Vancouver, which controls the air quality around federally regulated port lands, also received an FCM defence fund bill amounting to around $60,000, based on population figures.
jcleugh@tricitynews.com
