Residents of Cheanuh Marina campsite — where elaborate cabins rub shoulders with mobile homes and rickety shacks — are pooling their cash to fight for a four-month reprieve from dismantling their homes.
Resignation mixed with anger as more than 70 people, facing a 30-day eviction order from Beecher Bay First Nation, gathered Wednesday and voted to ask Victoria lawyer John Alexander to negotiate with the band and, if necessary, fight the order in court.
The majority of homes, which were erected with the First Nation’s permission, cannot be moved.
“We’ll get 10 cents on the dollar if we are lucky,” said Owen Seeton, who has lived on the reserve campsite for seven years and spent $100,000 on improvements.
About 106 of the 125 sites are occupied.
“That means there are maybe 250 people all stressed out of their minds,” said Ed Ezako, a nine-year resident.
Most residents accept they will have to leave the picturesque East Sooke waterfront, but say it will be impossible to find somewhere to live and salvage their belongings by Aug. 11.
The band is planning to build a resort village in partnership with the Trust for Sustainable Development, headed by developer David Butterfield, and says the rapid eviction of tenants is needed to prepare the land.
However, residents — and their lawyer — are questioning the legality of the unsigned eviction order.
The speedy eviction seems to be connected to band council elections in mid-October, said several speakers, who are supporting a bid by Jay Charles to take over from Russ Chipps, the long-serving chief.
“To me this is scandalous. There’s no agreement [with development partners] and no signatures or Beecher Bay stamp on the eviction notices,” said Charles, who does not believe most band members were consulted about the potential development.
“If I become chief, I would have to submit a plan to the people and bring all the membership forward and say ‘What would you guys like to do?’ ” Charles said.
Chipps could not be reached Thursday.
Alexander, who will act for the Cheanuh Residents Association, said provincial laws designed to protect tenants do not apply as the site is on federal land, but residents are protected by common law.
“It is a complete fallacy to call it a campsite,” he said. “These people are definitely tenants on this land.”
Some pay rent to the band on a monthly basis, but others pay months or years in advance, which means they could be entitled to up to one year’s notice, Alexander said.
“The band has all sorts of problems if they want to try and enforce that [eviction] notice.”
A letter will go to the band asking for the extension. If it is not granted, it is likely the matter will go to court, Alexander said, questioning how much a development could be affected by a few months delay.
Decisions about timing will be made by Beecher Bay, said Butterfield, but the band is addressing every case individually and has employed a housing consultant to work with the most needy.
“These are some of the most compassionate people I have met in my life,” he said.
Environmental issues, such as the lack of sewage treatment need to be addressed as soon as possible, Butterfield said.
The resort village development will have tertiary sewage treatment and create more energy than it uses, he said. Much of the groundwork has already been done to prepare for development of the first 50 lots, said Butterfield, who predicts construction could start quickly.
“I think this will be one of the greatest places on Earth when we have finished,” he said.
Two previous attempts to develop the area never got off the ground
In 2010, Beecher Bay announced it would build a new destination resort and in 1997, the band planned to build a destination casino.
