September 14, 2004
Kamloops Daily News


Although the recent protestors at Sun Peaks have drawn
attention to the slow progress of native land claims, they
have picked a strategy least likely succeed.

The preferred method is resolution of the Douglas claims,
according to the Shuswap Nation Tribal Council.   The
Council, consisting of 17 bands, opposes such protests
because they are counterproductive.

The Douglas claims strategy is preferred because it's most
likely to succeed.  The idea is correct unjust cutbacks in
Shuswap Indian territory.

Shuswap reserve boundaries were originally drawn up by James
Douglas, the Colonial Governor of B.C., in 1859.   After
Douglas' retirement the new Commissioner, Joseph Trutch,
decided that Douglas had been too generous.  With only his
own biases to guide him, he arbitrarily reduced the
boundaries of Shuswap reserves.

The Douglas claims have complications but compared to
others, they're relatively simple.

The protestors have chosen a strategy of land claims that is
least likely to succeed.   They say they will occupy Sun
Peaks until the government gives them want they want.  It's a 
strategy not likely to succeed.
 
The last time that protestors tried this tactic two years
ago, it only led to their arrest and conviction for contempt
of court.  No land claim was resolved or any process for
resolution initiated. 

Even without arrests, resolution of Sun Peaks claims through
the court system would be expensive and difficult to prove. 
Under the Delgamuukw decision, protestors would have to
prove that they occupied Sun Peaks, to the exclusion of
others, before 1846.  That's when Britain declared
sovereignty over the area that became British Columbia.  
And then they would have to prove some degree of continuity
of occupation until today.

The principles laid out in the historic Delgamuukw decision
guide all negotiations.  In 1997, the Supreme Court of
Canada ruled that aboriginal title is a right to the land
itself - - not just the right to hunt, fish and gather.

Delgamuukw confirmed that aboriginal title was never
extinguished in BC and therefore still exists.  Before Crown
land can be developed, consultation with First Nations must
be done and compensation may be bargained.

Consultation did occur between Sun Peaks and affected
natives.  A deal was struck involving native employment and
investment.  In January, 1997, a Protocol Agreement between
Sun Peaks and chiefs of eight Shuswap First Nations was
signed.  Two First Nations (Little Shuswap and Whispering
Pines) invested money in projects within the resort.

Because Douglas claims didn't affect all of B.C.'s  bands,
others have chosen a different path.  In fact, most of
B.C.'s native people are negotiating land claims through the
B.C. Treaty process.

There are now 55 First Nations, representing two-thirds of
B.C.'s native people participating in the B.C.  treaty
process.  The treaty process is voluntary and open to all
First Nations in B.C.  Four Agreements in Principle have
been signed, so far.

Not only are the protestors unlikely to settle anything,
they divide the native community.  They don't speak for
natives whose land they claim to be fighting for.  Sure,
there are some Shuswap native protestors, but they are not
the elected representatives.  Most of the protestors were
bused in from outside Shuswap reserves.

Chief Arnouse of the Little Shuswap Band resents the
interference.  "It is insulting when outside groups attempt
to compromise our efforts in dealing with issues that affect
our territory," he says. 

B.C.'s First Nations have legitimate land claims.   B.C. was
the only province not to sign treaties.  The lack of
treaties has created hardship for natives and uncertainty
for investors. 

Despite romantic notions of native people living off the
land - - hunting and picking berries as their ancestors did
- - today's natives don't seek subsistence living.  They buy
groceries in stores and live in houses.

Natives want to settle land claims so that they can build
homes,  extract resources, and commercially develop land. 
Their goal is to become self-governing and self-sufficient
through the generation of revenue and collection of taxes.

Uncertainty frightens investors off. It's estimated that
billions of dollars of potential investment is lost annually
in B.C. because investors don't know if the land they want
to build on will later be claimed by natives.

The effect that the protestors have is opposite to what they
intend.  They have driven a wedge between themselves and
local bands who have already know how they want their land
claims resolved.

go back to my Columns in the