A BC judge has told the Okanagan Indian Band that it would be better off spending its money on trying to resolve the Parker Cove emergency services issue than spending it on lawyers.

The judge’s statement was made after the Okanagan Indian Band spent time and money in court attempting to overturn a court injunction that forces it to provide fire services to 700 residents in Parker Cover.

However, BC Court of Appeal Justice Heather MacNaughton dismissed the Band’s appeal.

“It is not in the interests of justice to grant leave to appeal, particularly in light of the weak merits… the resources of the parties would be best put towards resolving the actual dispute between them,” Justice MacNaughton said in a June 4 decision.

The case involves the Parker Cove Properties, which is owned by Okanagan Indian Band Members Reynolds and Mildred Bonneau, who sublease the land to non-Band members.

Roughly 700 residents live at Parker Cove and pay the Okanagan Indian Band for emergency services. Issues arose when a new contract drawn up in 2023 was disputed. After failed negotiations, the Okanagan Indian Band said last February it would be cutting off residents’ emergency services.

Parker Cove Properties filed in the BC Supreme Court and got a court injunction forcing the Okanagan Indian Band to provide emergency services until the matter is finally resolved.

In ordering the injunction, Justice Neena Sharma was highly critical of the Band’s conduct, calling it “unreasonable and unlawful,” as well as “shocking” and “very troubling.”

Justice Sharma went on to criticize the Band, describing some of its evidence as “concerning.”

The Band had said it couldn’t provide services due to financial constraints, even though it had a $79 million surplus.

“It is highly dubious and very troubling to this Court that a public official would swear an affidavit saying they might have to stop fire protection services when a surplus like that exists,” the Justice had said.

The judge’s comments appear to have annoyed the Band’s leadership.

“(The Okanagan Indian Band’s lawyer) said that it was an error for the judge to make negative comments about the Band,” Justice MacNaughton said. “He said the judge’s decision has negatively impacted the public perception of the Band and has been referred to in local press reports.”

“Judge blasts Okanagan Indian Band over Parker Cove fire service threat” ran one headline, another read, “Judge scorches Okanagan Indian Band in Parker Cove fire protection case.”

In its appeal, the Okanagan Indian Band argued the judge had made an improper finding of bad faith against the Band.

However, the Appeal Justice said the judge had clarified that she was specifically not making a decision on those issues.

Justice MacNaughton also took issue with other aspects of the Band’s appeal, saying parts were unfocused.

“Although the Band listed the citations of the authorities upon which it relies, it has not identified how any of the authorities are relevant or how they apply,” the Justice said. “It is not the role of this Court… to piece together the Band’s submissions. Nor is it the role of this Court to identify the nature of the errors that the Band has not identified.”

The Band also argued it shouldn’t have to pay the legal fees, but the justice rejected it.

Ultimately, the justice’s move means that as fire season approaches, the residents of Parker Cove will have firefighting coverage.

The trial between the Band and Parker Cover Properties is due to start in August 2027.