Settling Seabird Island Land
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SETTLING SEABIRD ISLAND LAND, RESOURCES,AND OWNERSHIP ON A BRITISH COLUMBIA INDIAN RESERVE Hilary Kathleen Blair B.A., Simon Fraser University, 1 996 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in the Department of History O Hilary Kathleen Blair 1999 SIMON FRASER UNWERSITY April 1999 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. National library Bibliothbque nationale I+Iof Cam& du Canada muisitions and Acquisitions el Bibliographic Services services bibliographiques 395 Wellington Street 395, we Wellington OUawaON KlAOIJll ChhwaON K1AON4 CaMda Canede The author has granted a non- L'auteur a accorde me licence non exclusive licence allowing the exclusive pennettant a la National Library of Canada to Bibliotheque nationale du Canada de reproduce, loan, distribute or seil reproduire, preter, distribuer ou copies of this thesis in microform, vendre des copies de cette these sous paper or electronic formats. la forme de microfichelfilm, de reproduction sur papier ou sur format electronique. The author retains ownership of the L'auteur conserve la propriete du copyright in this thesis. Neither the droit d'auteur qui protege cette these. thesis nor substantial extracts fiom it Ni la these ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent itre imprimes reproduced without the author's ou autrement reproduits sans son permission. autorisation. ABSTRACT After Reserve Commissioner Gilbert M. Sproat provisionally designated Seabird Island, near Agassiz, BC, as a reserve in common for seven Indian bands in 1879, a long struggle ensued over the island and its resources. Aboriginal and non-Aboriginal people struggled for the fertile land, federal and provincial governments contested control of a pro- posed "cut-off," and there was a dispute among Aboriginal people: those from the seven named bands and others whose eligibility to settle there was questioned. ln 1958 a Commis- sion concluded that a separate Seabird Island band should be created for the island's residents. This thesis examines the processes whereby the Seabird Island band came into being, and how the land, despite great opposition, was retained for the Aboriginal residents. It ar- gues that the complex history reveals an inconsistent administration by the Department of Indian Affairs, characterized by policy reversals, and that the department sometimes acted in contravention of its own mandate. This intensified the inter-band dispute which had been set in motion by pressure from non-Aboriginal neighbours who wished to settle on the island. It is a story of complex interactions not only between, but also within, diverse groups of people. Aboriginals and Euro-Canadians were both highly differentiated groups, and neither had a single vision for the island. The diversity of opinion among Native peoples may represent the continuity of pre-existing tribal affiliations. Divisions wrthin and between governments hindered eficient Indian administration. The study, therefore, deepens our understanding about the compiicated nature of inter-governmental, NativeWhite, and intra- Native relations, further informing us about the processes of colonization and federal Indian administration in British Columbia. This microhistorical account is based on archival documents, especially the records of the Department of Indian Affairs and transcriptions of two Commission hearings: the 19 13-1 6 Royal Commission on Indian Affairs for the Province of British Columbia, and the Commission held in 1958 to enquire into whether Seabird Island should be constituted as a separate band. Other archival sources include a local newspaper and the private papers of the 1958 Commission chairman. This thesis also utilizes ethnographic literature, a recent history published by the St6:16 Nation, and published accounts by early Euro-Canadian travellers. ACKNOWLEDGEMENTS My interest in Seabird Island was first awakened by the transcript of the Royal Commission on Indian Affairs for the Province of British Columbia of 19 13- 16 - the McKema-McBride Commission. The presentations by Aboriginal people and the Agassiz Board of Trade suggested there was a story to be told; I discovered there was much more than I had anticipated. I thank fust David Smith, Keith Carlson, and Sonny McHalsie of St6:M Nation who got me started and enlightened me whenever asked; and also Chief Archie Charles, Richard Louie, Betty Walker, and the Council and members of the Seabird Island band for supplying helpful information and documents - and for passing a Band Council Resolution allowing me access to certain records. Among the librarians, archivists, and historians who have had a part in this thesis, I would particularly like to thank Wendy Ancell and Lorraine Brooks of the Resource Centre at the Union of BC Indian Chiefs in Vancouver, for helping me chart a course through the paper trails of the Department of Indian Affairs, and for providing a congenial research environment. George L. Cassady, QC, kindly allowed me access to some of his father's files. and Father Leo Casey, OM,to his own personal file about Seabird Island. I was an appreciative beneficiary of the stimulating environment of the History Department at Simon Fraser University, and have enjoyed graduate student colleagues and faculty alike. I especially want to thank Tina Loo, who simultaneously challenged and encouraged me, and what is also important, made the graduate experience fun. My thesis was launched with the help of the late Douglas Cole, and I am grateful that Noel Dyck agreed to take over those supervisory duties, and thank him for his patience and steady guidance through a lengthy thesis process. I thank also Paul deGrace, cartographer, who taught me how to produce the maps, as well as Keith Carlson, Terence Ollerhead, Susan Roy, and Lindsie Thomson who read the manuscript and who each brought their particular expertise to bear. Any errors, however, remain mine. Last, and very importantly, I thank my husband Allan, without whose support and encouragement my graduate studies would not have been possible. TABLE OF CONTENTS Approval Page .................................................................................... Abstract ............................................................................................ Acknowledgements .............................................................................. Table of Contents ............................................................................... List oPTables: Appendix A ...................................................................... vi List of Figures: Appendix B ..................................................................... vi i Figure 1 : Map of Indian Reserves from Agassiz to Spwzum ............................... viii Introduction ....................................................................................... 1 Chapter I: Settling the Land: "A Sort of Right to Occupy" ................................ 13 Chapter II: Holding the Land ................................................................... 33 Chapter m:Cut-OW - Or No Cut-Off? ...................................................... 54 Chapter IV: Settling the Ownership - Part 1 ................................................. 67 Chapter V: Settling the Ownership - Part 2 .................................................. 85 Conclusion ........................................................................................ 97 Bibliography ...................................................................................... 107 Appendix A: Tables .............................................................................. 115 Appendix B : Figures ............................................................................. 123 LIST OF TABLES APPENDIX A Table 1 : Indians resident on or using Seabird Island in 1888, and years of use ....... 1 15 Table 2: Indians resident on or using Seabird Island in 1893, their band of origin. and location on the reserve ..*......................... ........................ 1 16 Table 3: Results of the 1896 vote on whether to lease part of Seabird Island, as recorded by Indian agent Frank Devlin .......................................... 1 19 Table 4: Seabird Island residents' information presented to the Royal Commission on 23 November 19 14 .............................................. 120 Table 5 : Residents of Seabird Island on 12 December 19 18 ............................. 122 LIST OF FIGURES APPENDIX B Figure 1: Map of Indian Reserves, Agassiz to Spuvum ............................... Figure 2: List of Owners of Land on Seabird Island - as of 19 19 .................... Figure 3: Sketch Map of Thomas Hicks's Claim, 187%................................ Figure 4: Sketch Map of Seabird Island by A. S. Fanvell, 1879 ...................... Figure 5: North End of Seabird Island, Ah Yuen's application, 189 1 ................ Figure 6: Map of Seabird Island Showing Proposed Lease, 1896 .................... Figure 7: Map of Seabird Island, c. 1909 ................................................. Figure 8: Map of Seabird Island Showing Uncorrected Cut-Off Proposed by the Royal Commission of 19 13- 16 ................................................. Figure 9: Map of Seabird Island Showing Corrected Cut-OffProposed by the Royal Commission of 19 13- 16 ................................................. Figure 10: Sketch