The BC Supreme Court has dismissed an attempt by the Snaw-Naw-As -- or Nanoose First Nation -- to have part of the E&N railway corridor returned for their use.
The E&N line between Victoria and Courtenay hasn't been used to move passengers since 2011, but a small portion in Nanaimo does continue to be used.
The First Nation argues the corridor impedes access to some of their land, restricting development and economic benefit to members.
But the judge ruled the E & N railway’s right-of-way has not stopped being used for railway purposes.
CEO of the Island Corridor Foundation, Larry Stevenson, says that should send a message to those arguing it should be used for other purposes:
" This also brings some clarity to the issue of whether or not the railroad continues to exist if you pull the rails up. And this should be a message to those folks that say that's it's going to be a walking trial that it's not going to be that easy. You know I don't know that the ruling necessarily says that it's going to automatically revert back to the First Nations, but it certainly sets a course. You know I think that it says very clearly that if you don't use it as a railroad you run the risk."
Meantime, elected Chief Gordon Edwards is disappointed in the ruling and says the First Nation is considering its options -- including whether to appeal.