On January 24, 2018, Tsawout First Nation filed a Notice of Civil Claim in the Supreme Court of British Columbia seeking the return of their ancient village site of ȽEL¸TOS (James Island), a 400-acre property just off the Saanich Peninsula on Vancouver Island, BC.
The lawsuit asks for Canada and the Province to return ownership of ȽEL¸TOS to Tsawout. Ownership of the island was
Supporters and members of the community, including DGW Law’s John Gailus, participated in a fundraiser paddling around LEL,TOS in 2018
pursuant to a treaty with the British Crown in which the island was set aside as a reserve for the First Nation. Instead, the island was unlawfully taken by the Provincial Government, used for over 70 years as an explosives factory and then sold as fee simple lands.
At the time of filing the Notice of Civil Claim, ȽEL¸TOS was owned by Seattle billionaire Craig McCraw’s company, JI Properties
Inc. and had a 5,000-square-foot main residence, six guest homes, a golf course designed by Jack Nicklaus and a private airstrip.
DGW Law’s John Gailus is the lawyer for Tsawout First Nation in this case. He explained to CBC’s On the Island: “What we’re seeking among other things is a declaration that James Island ought to have been set aside as a reserve for the First Nation.”
Read more about the case and more of John’s comments here.