November 13, 2001
Kamloops Daily News



Are we there yet?   The road to resolution of  B.C.'s native
land claims is long and tortuous.  The Secwepemc (Shuswap)
people's struggle to smooth the path is a example of that
grinding work.

The Kamloops Indian Band argues that their reserve has been
arbitrarily reduced.  All they want is for the boundaries to
be as they once were drawn by James Douglas, the Colonial
Governor of B.C.  Douglas established the boundaries of the
K.I.B. in 1859 as a way of avoiding confrontation between
gold seekers, many of them American,  and the Indians.

The boundaries set by Douglas followed the area of the
existing K.I.B. reserve but bigger -- further up the North
and South Thompson rivers,  and including Harper Ranch.

Douglas' criteria for establishing the reserve boundaries
was quite simple.   The reserves would "include  every 
piece  of  ground  to which  they  acquired  an  equitable 
title,  through continuous  occupation,  tillage  or  other 
investments  of  their  labour ( October 14, 1874)."

And so the boundaries of reserves were set accordingly these
criteria. Because of a shortage of survey crews the 
boundaries were staked by  church and government officials,
or even the Indians themselves.

After Douglas' retirement, Joseph Trutch became the Chief
Commissioner of Lands and Works for the colony of British
Columbia. He assumed responsibility for the creation of
Indian reserves.  The new Chief Commissioner decided correct
what he saw as a wrong.

Trutch wasn't pleased with the boundaries set for the
reserves.  He didn't have a high opinion of Indians either. 
"I think they are the ugliest & laziest creatures I ever
saw," said Trutch (ostensibly he was a handsome, industrious
man).  As a result, the areas of many reserves was reduced.

Now the K.I.B. wants their reserve restored to its original
size. Their preliminary claim for the restoration of their
reserve was recently refused by the Department of Indian and
Northern Affairs.   But Chief Bonnie Leonard of the  K.I.B.
is not worried.  She told me that "the rejection simply
means that more information is required."  Leonard intends
to pursue the band's historical Douglas claim.

The K.I.B. has some compelling reasons for seeking
restoration of the original boundaries.  They bought Harper
Ranch for $7 million.  Why should they pay for what is
rightfully theirs?

The Neskonlith Indian Band's reserve was another victim of
the "Trutch reductions".  But they are using a different
tactic in their land claim of area in the Sun Peaks ski
resort region.  They have apparently given up hope of
restoring the Douglas reserve in favour of the 1997
Delgamuukw court decision.

The problem with the Neskonlith claim under the Delgamuukw
decision is that it relies on historical occupancy.  "They
must have occupied the territory before the declaration of
sovereignty, " rules Delgamuukw.

When I asked Kamloops' lawyer Frank Quinn about the
Neskonlith claim of occupancy of the lands of around Sun
Peaks, he said that despite archeological investigations, no
evidence of occupancy exists.

"The Delgamuukw case clearly states that the burden of proof
for aboriginal title lies with the claiming aboriginal
party," says Quinn.  And so far, the Neskonlith have failed
to establish a claim.

Quinn grows impatient with the Neskonlith tactics of fear
and intimidation under the direction of Chief Arthur Manual. 
Quinn played a role in the 1997 Protocol Agreement with
Shuswap Chiefs.  The Agreement, signed by Manual, included
economic opportunities for Shuswap bands.

Since then, Manual has abandoned cooperation in favour
confrontation, largely on the advice of Chief Stewart
Phillip of the Penticton Indian band.  Phillip is an expert
in confrontation and blockading roads to Ski resorts.  It
was Phillip who ominously told Much Music to move their
proposed television festival at Sun Peaks, "in the interests
of peace and public safety."

I believe in civil disobedience as a means of galvanizing
supporters but there must also be a well defined objective. 
The flaw in Manual's borrowed confrontational tactic is
that, unlike the Penticton band, the road to the ski resort
doesn't go through an Indian reserve.

Confrontation is not a substitute for a well founded legal
case.  Manual has suggested that he has evidence but so far
we have not heard the details.  Meanwhile, he risks
alienating those who might otherwise support him.  

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