Songhees First Nation intends to continue enforcing no trespassing signs on Chatham Islands and part of Discovery Island even though some boaters say the area below the high-tide line is public property.
Richard Brunt of Victoria, in a letter to the sa国际传媒, said Songhees bylaw officer Trevor Absolon was breaking the law when he told two boaters to leave a Chatham Islands beach this week.
"All tidelands in sa国际传媒 - defined as the beach between low tide and the beginning of non-aquatic vegetation - is public," he wrote.
"Practically speaking, this means anyone can legally visit Chatham Island beaches as long as they do not trespass above the driftwood."
Forests Ministry spokesman Dave Crebo confirmed that tidal areas are almost always Crown land. The ministry is responsible for the land tenures branch.
"Up to the high water mark is considered Crown land; after that it is reserve," Crebo said.
However, Aboriginal and Northern Affairs sa国际传媒 spokeswoman Susan Cuth-bert said there are sometimes considerations such as erosion and deposits, and more investigation would be needed to give a definite answer.
Band councillor Ron Sam said Songhees has never given up its right to the foreshore of the islands.
"Our late chief [Robert Sam] always said we have never extinguished our foreshore rights," Sam said.
"The foreshore is just as important as the island. It's one of our last remaining spots to gather shellfish," he said.
Songhees, using a newly acquired Zodiac, and helped by the RCMP marine division, are aggressively patrolling the islands to stop trespassers.
People have previously set fires and left garbage and human waste, provoking the crackdown.
