Posts By: Lloyd Dolha

On the heels of the Supreme Court of Canada’s decision in the Tsilhot’in First Nation’s Aboriginal title case, an Okanagan First Nation is lobbying the federal government to purchase part of a defunct rail line between Kelowna and Vernon and return it to the First Nation. CN Rail is selling the land south of Vernon once used by the now defunct Kelowna Pacific Railway. The Okanagan Indian Band (OKIB) has sent a letter to federal Transport Minister Lisa Raitt requesting Canada to purchase the land to be repatriated to the band. “A significant portion of the rail line falls within the OKIB’s Commonage Reserve set up by the Joint Reserve Commission of 1877,” said Chief Byron Louis. “The Commonage Reserve was never lawfully surrendered or otherwise taken.”

The Kelowna Pacific Railway went into receivership on July 4 and suspended operations. The short-haul line provided a connection to CP’s rail yards in Kamloops for several Okanagan industries and employed about 40 people. It had not been profitable for some time due to reduced volumes in shipping for the forest industry. The rail line runs through a large portion of a larger 10,000 hectare claim area which the First Nation says it rightfully theirs.

The Okanagan Commonage Reserve is comprised of some of the Okanagan’s prime ranchland and lake front property and was set apart for the Okanagan Band in 1877 by a Joint Reserve Commission of federal and provincial reps. Local non-Native settlers urged governments to to take the prime real estate from the band, and following some secret meetings between Premier William Smythe and Prime Minister Sir John A. MacDonald, the land was taken from the First Nation and sold to settlers. They were never told at the time and were never compensated for its loss.

Chief Louis says that his people have been waiting for over 100 years to have their concerns addressed by the federal government. “In 1910, our chiefs presented Sir Wilfred Laurier with a document outlining our grievances and a desire to enter into negotiations,” he said. “They were ignored.” Canada had entered into specific claim negotiations with the OKIB in 2000 but withdrew in 2005. “Our entitlement to the commonage land remains, and the federal government cannot simply ignore our unresolved claim to our ancestral lands,” added Louis. “We have a strong case.”

A noblewoman from the Tlingit people of mainland British Columbia, Anisalaga came to Vancouver Island in the mid-1800s with her husband, Hudson’s Bay Co. trader Robert Hunt. photo U’mista Cultural Society

A rare First Nations cultural artifact has been repatriated to the descendants of its creator in the remote First Nations community of Bella Bella where it was made, thanks to a grant from the federal government. The Chilkat cedar ceremonial blanket, estimated to be about 150 years old, was recently discovered to be on the auction block in Paris, France. It was purchased by the U’mista Cultural Society with a $27,368 grant from the Department of Canadian Heritage.

Sarah Holland, executive director of U’mista said the late 19th century Chilkat blanket was made by Tlingit princess Anisalaga who brought the art form of Chilkat weaving to the Kwakwaka’wakw people. “Without the support from Canadian Heritage, we could never have brought this national treasure home where it will make a crucial contribution to ensuring that this art form is passed on to future generations,” said Holland.

Made between 1865 and 1871, the ceremonial blanket is one of only 13 in existence, according to Canadian Heritage, and it is an integral part of the Tlingit and Kwakwaka’wakw tribe’s history and culture. Anisalaga, also known as Mary Ebbets, was aTlingit woman whose chieftain father arranged her marriage to a Hudson’s Bay fur trader Robert Hunt. She and Hunt settled in Fort Rupert or Taxis, where they ran a company store. “For the descendants of Anisalaga, this blanket is a direct link to their ancestors,” says an U’mista Facebook page dedicated to the repatriation of the blanket. “Her blankets have been scattered across the globe, so bringing this blanket home is a way of honouring Anisalaga and reaffirming the connection of family members to their ancestry and history.”

Made of cedar bark and wool, Chilkat blankets take up to a year to complete before they are worn in ceremonial dances. Anisalaga had 13 children with Mr. Hunt, and her hundreds of descendants include Corrine Hunt, who designed the medals for the 2010 Winter Games in Vancouver. The blanket is now on display at the U’mista Cultural Society in Alert Bay at the tip of Vancouver Island. It depicts the grinning head of a bear and other animals of Aboriginal significance.

A northern Manitoba First Nation is hoping a new contraceptive chip will help keep wild dog populations under control and stop the need for culling (selective killing). Debra Vanderhove of Norway House’s animal rescue program said the community is looking at a contraceptive chip implanted into female dogs as a cheaper alternative to a spay and neuter program. “[The contraceptive] definitely helps get down the aggression level when females are in heat,” said Vanderhove. “That’s when they [males] get aggressive and attack children.”

The chip costs only $80, compared to about $300 for spay and neutering, and is more expensive in northern communities because veterinarians have to be flown in to do the procedure. Vanderhove explained the chip is inserted under the skin between the shoulder blades of female and stops them from getting pregnant for 22 to 24 months, which is about the average life span of a reserve dog. “It’s nothing to get a veterinarian on a plane with a couple of suitcases to implant those things,” said Vanderhove.

The convenient chip is a better alternative to the controversial mass dog culls that take place in a number of northern First Nations communities. Dog culls came under fire earlier this year when Sally Hull of Hull’s Haven in Stonewall, Manitoba was forced to euthanize a badly injured dog during a cull on a northern First Nation in early April. The dog named Trooper had 17 shotgun pellets in his head that shattered his skull bones destroyed some of his teeth. Hull said Trooper had been left lying in someone’s yard for several days before he was flown to Stonewall for emergency care. Hull set up a Facebook page petition asking people to support bylaws governing dog ownership in northern communities and calling for an end of the practice of dog culls.

Manitoba Keewatinowi Okimakanak (MKO) Grand Chief David Harper said dog culls are necessary for safety reasons. “It’s for the safety of the children and the community,” said Harper at the time. A search of CBC archives revealed eleven dog mauling deaths of children under 8 between 1998 and 2007 on First Nations reserve communities.

A delegation of about two dozen chiefs, veterans, elders, and aides from the Federation of Saskatchewan First Nations (FSIN) travelled to London, England to mark the 250th anniversary of the Royal Proclamation of 1763 on October 7, 2013. “The Royal Proclamation is important to us because it marks the first time that the Crown recognized our title to and jurisdiction over lands and territories as Indigenous peoples,” said FSIN leader Chief Perry Bellegarde. “We decided to go to London because that is where the original document rests and from whence the original relationship emanated.”

During a four-day trip to London, the FSIN delegation took part in a number activities including a public dialogue at Oxford University about the ongoing struggle for treaty and Aboriginal rights in Canada, a wreath-laying ceremony at the Royal Military Chapel to honour First Nations veteran’s loyalty to the Crown, and the anniversary of the Royal Proclamation itself. FSIN leaders hope the journey represents an opportunity to reinforce the treaty relationship between themselves and the Canadian and British Crown and to highlight the continuing existence and importance of the Royal Proclamation.

The Royal Proclamation of 1763 was issued by King George III after the British conquest of New France (Quebec) following the Seven Years War, to officially claim North America. It has been called the “Indian Magna Carta.” It established guidelines for the European settlement of Aboriginal territories and was the first constitutional act recognizing First Nation’s rights to their territories, establishing the principle that only the Crown can seize First Nations lands through the negotiation of treaties.

Chief Bellegarde pointed out that the proclamation is fundamental to the legal framework for First Nations in Canada and is part of the nation’s constitution. “We want to promote awareness and common understanding of the importance and relevance of relations between First Nations and the Crown and talk about those relations globally,” said Bellegarde.

FSIN leaders hope the trip will invigorate ongoing attempts to renew treaty implementation talks with the Harper Tories who have yet to move forward. “We are here to demonstrate that treaties are still alive and that the terms have yet to be honoured according to their spirit and intent.”

The Fort McKay First Nation of the Athabasca Wood Buffalo area has pulled out of a joint federal-provincial oilsands monitoring program because their concerns and input were being largely ignored. As of October 8th, the First Nation withdrew from the Joint Oil Sands Monitoring (JOSM) program because the First Nation’s leadership felt they were not valued in the watchdog’s consultation process. The First Nation was particularly interested in becoming involved in the technical details of the program, such as monitoring air quality and contaminants.

The MacKay First Nation is at the centre of the oil sands field north of Fort McMurray and is home to 700 Cree, Dene, and Metis. It is the only First Nation to drop out of the JOSM, which was announced in 2012. Daniel Stuckless, manager for environmental and regulatory affairs for the First Nation, told Fort McMurray Today that leaders were providing input into the engagement process but weren’t seeing any results from the information they were providing. “We were looking for full participation across the program,” said Stuckless. We wanted to be more utilized. Stuckless said the monitoring ideas leaders proposed were rejected. They felt they were there to provide traditional and cultural knowledge only.

The First Nation, however, understands the workings of the oil patch. Chief Jim Boucher has served as chief of Fort McKay for 23 of the last 27 years. In that time, he served as chairman of the board for the Fort McKay Group of Companies (FMGC), 100% owned by the First Nation and operating eight limited partnerships involved in the oil and gas industry.

Under Boucher’s leadership, the FMGC has grown into one of the most successful First Nations-owned business ventures in Canada with annual revenues in excess of $100 million. The First Nation is still willing to talk to the federal and provincial governments and are not opposed to rejoining the program if their concerns are met. Government representatives are meeting in early November with First Nations and industry stakeholders to address their concerns.

Fort McKay won a judgement allowing them to appeal a ruling by Alberta Energy Regulator (AER). In August, the AER approved a bid by Brion Energy Corp. to extract 50,000 barrels of bitumen per day using Steam Assisted Gravity Drainage (SAGD) technology in the Moose Lake area known for its abundance of wildlife. Fort McKay wanted a 20 kilometre buffer zone to protect the area’s wildlife.

“We have always called this area Moose Lake because of its abundance of wildlife,” said councillor Raymond Powder. “Many of our families have traplines here, and our ancestors were married and buried here. We still consider this area home, and it has, until now, provided a safe and clean refuge for us to hunt and fish and escape the noise and pollution of the mines that surround our community.”