I have a question or two for CPR with respect to the right of way given it by British Columbia by way of a grant from the Provincial Crown. I have not been able to access the original document. I am assuming the grant was not for money but to build the railway and operate it. Was it for a certain period of time or in perpetuity(forever)? If it was in perpetuity CPR has not lived up to at least one implied term of the original crown grant It should transfer the Vancouver lands in question to the crown in the right of BC.
The CPR obviously does not find it profitable to run the rail any more on the Arbutus Corridor tracks. I believe the current threats by CPR to restart running the rail on these tracks are designed to extract the 'right price' for the land from the City of Vancouver. If it does not intend to run the rail in perpetuity on these tracks should CPR not cease and desist from its gimmick of ousting all the gardeners and ending years of gardening by residents under the pretext of so doing and let the corridor revert to the people of BC, the Crown in the right of the Province? Sure they can take away their steel and wood from the land. That would become more suitable for a completely green corridor.
I would be interested in knowing what position does the Crown in the Right of BC (the government of BC) take in this matter? I know the arguments against reversion of this land to the Provincial Crown. Once given the honour of the Crown prevents BC from asking for the land to revert to BC. The business climate in BC may be rendered uncertain. But the question that BC needs to ask is what was this Arbutus corridor land gifted for? If it was for a railway then CPR should run it in perpetuity or transfer the land back to the Province. Perhaps CPR and the Province could shed some light on this issue.