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Changes in Aboriginal Property Rights: a Chronological Account of Land Use Practices in the Lil'wat Nation

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Changes in Aboriginal Property Rights: a Chronological Account of Land Use Practices in the Lil'wat Nation CHANGES IN ABORIGINAL PROPERTY RIGHTS: A CHRONOLOGICAL ACCOUNT OF LAND USE PRACTICES IN THE LIL'WAT NATION by AKIHIKO NEMOTO Bachelor of Agriculture, Hokkaido University, Japan, 1986 Master of Agriculture, Hokkaido University, Japan, 1988 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in THE FACULTY OF GRADUATE STUDIES (Department of Forest Resources Management) We accept this thesis as conforming to the reauired standard UNIVERSITY OF BRITISH COLUMBIA April 1998 © Akihiko Nemoto. 1998 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department The University of British Columbia Vancouver, Canada Date Apt. DE-6 (2/88) ABSTRACT This study deals with the changing dynamics of land use systems in an aboriginal community of British Columbia, namely the Lil'wat Nation, by employing the concept of property as an analytical tool. The focus on the concept of property clarifies the role played by the authority and institutions as regulators and decision-making factors in land use management. The description of the relationship between property and various transitions in aboriginal life constitutes the main contribution of this research project. The methodology used in this descriptive study is a combination of the participant- observer method and archival data collection. Issues around authority are discussed in terms of the power relationship between Canada and the Lil'wat Nation. Several historical events explain the way in which political and economic imperatives have shaped the relationship between the Lil'wat Nation and Canada, as well as the internal power relationship within the aboriginal community. It is found that the rapid and important changes in the decision-making situation (i.e., context of institution change) have significantly affected the land use projects on reserve grounds. Those changes include: high rate of population growth, extension of a money economy through forestry and agricultural activities, and exercise of various outside interests on reserve lands. Also, it is found that a number of governmental initiatives created and perpetuated a state of dependency and dissension among the aboriginal community. Since land use practices cannot be viewed in isolation, this study emphasizes the importance of political reform and sharing of authority. Also, some strategies for Lil'wat's self- determination are identified and the urgency to develop community-based economic projects is stressed. iii TABLE OF CONTENTS Abstract ........ ii Table of Contents ....... iii List of Tables ........ vi List of Figures ........ vii List of Appendixes ....... viii Acknowledgments ....... ix INTRODUCTION ....... 1 CHAPTER ONE RESEARCH OBJECTrVES AND METHODOLOGY 6 1.1. Framework of the Study ...... 6 1.1.1. Research Objects . ...... 6 1.1.2. Property Rights and Lil'wat Nation - An Overview . 7 1.1.3. Issues around Authority . 15 1.1.4. Issues of Institutional Change . 18 1.2. Method of the Study ...... 26 1.2.1. Methodology ....... 26 1.2.2. Field-Work ....... 27 1.2.3. Limitations of the Study ...... 29 1.2.4. Organization of this Document ..... 30 CHAPTER TWO ABORIGINAL LAND QUESTION IN BRITISH COLUMBIA: PAST, PRESENT, AND FUTURE 32 2.1. Historical Roots of the Aboriginal Land Question in British Columbia 32 2.2. BC Treaty Process ....... 39 2.3. Implications of Land Claims ..... 43 iv CHAPTER THREE LAND USE AND PROPERTY SYSTEM BEFORE 1950 50 3.1. Before the European Contact 50 3.2. European Contact ..... 56 3.3. Summary: Property System before 1950 67 CHAPTER FOUR RESERVE SYSTEM AND PROPERTY RIGHTS 69 4.1. Outline of the Mount Currie Reserves 69 4.2. Indian Reserves in the Canadian Legal System 72 4.3. The Band's Role in Land Management 75 4.3.1. Land Holding System 75 4.3.2. Exchange of Land Holdings 82 4.3.3. Lil'wat Land Law. 84 4.3.4. Community Planning 85 4.4. Canadian Policy and Traditional Customs 87 4.4.1. Certificate of Possession . 87 4.4.2. Land Lease as a Canadian Policy . 89 4.5. Chronological Account of Property System and Economic Activities on Reserve 93 4.5.1. Timber Sale on Reserve . 93 4.5.2. Sawmill . 99 4.5.3. Farming on Reserve 102 4.5.4. Outside Interests on Reserve 103 4.6. Controversial Issues 105 CHAPTER FrVE CHANGES IN AUTHORITY OVER PROPERTY: CHRONOLOGICAL ACCOUNT OF THE EXERCISE OF POWER 108 5.1. The Oppression Period . 108 5.1.1. Relationship Between Canada (DIA) and the Band. 109 5.1.2. Economic Activities . 112 5.1.3. Band Finance . 115 5.2. The Internal Cooperation Period . 118 5.2.1. Awareness of Land Rights . 119 5.2.2. Conflicts over Hunting Rights ..... 120 5.2.3. The 1975 Incident ...... 122 5.2.4. Radical Movements . 127 5.2.5. DIA's New Control Strategy ..... 138 5.2.6. Governmental Regulation over Fishing Rights . 139 5.2.7. Social Assistance. ... 141 5.3. The Internal Conflict Period. ..... 142 5.3.1. Band Administration and the Devolution Process . 143 5.3.2. Effort Toward Self-Governance . 146 5.3.3. Divisions within the Lil'wat Nation .... 150 5.3.4. Vicious Circle ....... 150 5.3.5. Forestry Activities on the Traditional Territory 152 5.3.6. The 1990 Road Blockade . ..... 153 CHAPTER SIX CONCLUSION AND DISCUSSION . 155 6.1. Changes in Institutions . 155 6.2. Issues around Authority . 159 6.3. Future Directions . 163 REFERENCES ....... 168 Appendix 1. 174 Appendix 2. ........ 176 Appendix 3. 185 vi List of Tables Table 1 Bundles of Rights Associated with Positions . 21 Table 2 Relationship Between Level of Action and Governing Rules . 22 Table 3 Population by Age and Sex for the Pemberton Band in 1923. 60 Table 4 Reserves for Pemberton Indian Band in 1913 61 Table 5 The Mount Currie Indian Reserve Lands . 71 Table 6 Registered Indian Population by Age, Sex and Residence for the Mount Currie Indian Band in 1983 ... 72 Table 7 Land Use Plan for I.R. No. 1, 2, 3, 6, 7, 8, and 10 Schedule of Approximate Areas..... 87 Table 8 A Land Lease Proposal in 1965. .91 Table 9 Budget Plan for 1956-57 . 115 Table 10 Budget Plan for 1958-59 . 116 Table 11 Federal Labour Intensive Projects in 1975 . 138 Table 12 Development of Band Administration . 145 Table 13 Internal Property Structure on Reserve Lands . 156 vii List of Figures Figure 1 Mount Currie in the South West of BC. ... 5 Figure 2 Research Objects ...... 6 Figure 3 Authority Issue . 16 Figure 4 Institutional Change ...... 23 Figure 5 Stl'atlMmx Traditional Territory . 51 Figure 6 Mount Currie Indian Reserve ..... 70 Figure 7 Changes in the Use of Band Lands . 157 Figure 8 Land Use Structures On Reserve Lands (Institutional Changes). 158 Figure 9 Authority Issue . 162 List of Appendixes Appendix 1. The Contact Letter. 174 Appendix 2. Mount Currie Indian Band - Lil'wat Land Law . 176 Appendix 3. A Proposal for the Foundation of The Association for Sustainable Aboriginal Planning (ASAP) . 185 ACKNOWLEDGMENTS I would like to extend my thanks to the members of Supervisory Committee: Dr. David Haley (Department of Forest Resources Management, UBC), Dr. Michael Kew (Department of Anthropology and Sociology, UBC), Mr. Gordon Prest (Faculty of Forestry, UBC), and Dr. David Tindall (Department of Anthropology and Sociology, Department of Forest Resources Management, UBC). Their expert advice was equally helpful at different stages of my work on this thesis. I also wish to thank all the people of the Lil'wat Nation. I would like to thank the Chief and Council, who allowed me to use a desk in the band office and to access important materials. I am highly indebted to the Nelson family (Mr. Albert Nelson, Mrs. Georgina Nelson, Mr. Alvin Nelson and others), who not only provided me with food and a place to stay at various times during the several years of my study, but also shared their knowledge and experience with me on matters of great relevance for this research project. My gratitude also goes to several other people in the community. Mr. Morgan Wells, who, as a band councilor and a herbalist, taught me the traditional use of plants. Mr. Bobo, a hunter, took me to various traditional hunting and fishing grounds. Mr. James Williams, a young community leader, spent extensive time with me discussing issues concerning the native community. Much beyond the names mentioned here, it has been the tremendous support and sincere cooperation of the people of Lil'wat that made this project possible. 1 INTRODUCTION The first white settlers and gold-seekers came to what is now called British Columbia (BC) about one and a half centuries ago. Since then, the history of the aboriginal peoples' in BC has been particularly tumultuous. For the most part, the native people have suffered the effects of the Canadian policy of assimilation and, for them, the past one and a half centuries have brought along more losses than gains. The assimilation process distorted traditional social structures and often created a state of dependency on Canada and dissension within the native communities. During the last few decades, however, there have been some positive changes in the relationship between the aboriginal peoples and the rest of Canada, especially in the legal and the political arenas. Increased recognition has been given lately to the native people's struggle for self- determination.
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