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Order in Council 1151/1930

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Order in Council 1151/1930 11.51. Approved and ordered this 24 tit day of Sept. , AD. 19 30. At the Executive Council Chamber, Victoria, Lkulenant-Governor. PRESENT: The Honourable in the Chair. Mr. Bruhn Mr. Tolmie Mr. Howe Mr. Pooley Mr. Burden Mr. Atkinson Mr. Lougheed ■J-6 Mr. Shelly ,,ftA43 Mn Mr. 9//f02. Mr. /9, 94/,-/ f.2.74 To His Honour -7 9-2 S/7, The LieutenantGovernor in Council: 9-201P., The undersigned has the honour to REPORT:- e/6 iss-ed7y That in the month of March, 1929, in pursuance of arranrement in that behalf, representatives of the Dominion Government and of the Government of the Province of British Columbia, duly instructed by their respective Governments, met in the City of Victoria, British Columbia,to consider the interest of the Indians of British Columbia, the Department of Indian Affairs and the Province of British Columbia arising out of the transfer to the Province of the lands in the Railway Belt and the Peace River Block, and to recommend conditions under which the transfer should be made so far as such transfer affected Indian lands: That, after due consideration and aiscussion the said repre- sentatives arrived at an understanding, which was reduced to writing, for submission to ana confirmation by their respective Governments, and attached their signatures jointly to said writing,at Victoria, B. C. on the 22nd day of March, 1929: That a copy of the said writing is hereto attached: ...... !. That the said understanding as so reached by the said represen- 1... tatives has been duly approved by His Excellency the Governor-in- . 'Council under date the 3rd of February, 1930 (P.C. 208): ", AND TO RECOIL= that the said agreement and the schedules hereunto appertaining be approved and the agreement directed to be arried out according to its terms. FURTHER, that a copy of this Minute, if approved, be transmitted . 0:0 the Superintendent-General of Indian Affairs, at Ottawa. it DATED this 271-d day of Jepterber A. D. 1930. Minister of Lands. 4,4 APPROVED this 2:frd &ay of bar- D. 1930. (1/2/ Presiding Member of the Executive Council. SCHEDULE 2. 11VORAI;DUM OF AGREEMENT ARRIVED AT BETWEEN DR. DUNCAN C. SCOTT AND YR. W. E. DITCHBURS ON BEHALF OF THE DOUINION GOVERMES, AND MR. HENRY CATH- CART AND MR. 0. C. BASS ON BEHALF OF THE PROVINCIAL GOVERN:.MNT. The undersigned having been designated by their respeotive Governments to consider the interest of the Indians of British Columbia, the Department of Indian Affairs and the Provinoe of British Columbia arising out of the proposed transfer to the Province of the lands in the Railway Belt and the Peace River Blook and to recommend conditions under which the transfer may be made with due regard to the interests affected beg to report as follows: Is the tenure and mode of administration of the Indian Re- serves in the Railway Belt and the Peace River Block would, we thought, be governed by the terms of the conveyance by the Pro- vines to the Dominion of the Indian Reserves outside those areas it was thought advisable to agree if possible upon a form of oon- veyanoe particularly as that question had been before the Govern- ments for some time and remained undecided and furthermore to consider a few important matters germane to Indian affairs in the Province with the hope of making recommendations Which would pro- mote the ease and harmony of future administration. 1. We have agreed to recommend the form of conveyance from the Province to the Dominion of the Indian reserves outside the Railway Belt and the Peace River Blook hereunto annexed. marked "A". 2. We have agreed that, the provisions of section 47 of the "Land Registry Aot" (R.S.B.C. 1924, ohapter 127) being no longer 2 - necessary in viow of the settlement now arrived at, the said section should be repealed, and the representatives of the Province undertake to so advise and recommend, and, pending such repeal, will recommend that in proper cases arising, re- gistration may be permitted by Order-in-Council as provided in said section 47. 3. We have considered clause 4 of the document known as the McKenna-McBride agreement, which reads as follows:- "4. The lands which the Commissioners shall "determine are not necessary for the use of "the Indians shall be subdivided and sold by "the Province at public auction." It is considered that this provision might beneficially be varied so that it be provided that on agreement between the two Governments, through their respective Departments, the lands may be either subdivided for sale, or disposed of en bloc, as may appear most advantageous in the circumstances of each particular case, but such sale and disposal shall be by public auction; and as to disposal of timber, mineral and sim- ilar rights, the same should be dealt with by agreement between the respective Governments through their proper Departments, and we shall recommend accordingly to our respective Governments. 4. It was brought up by the Dominion representatives that a necessity existed for additional lands for Indians in various portions of the Province, not provided for by the Royal Commis- -sion on Indian Affairs, and it was suggested that such lands be granted by the Province at a reduced or nominal price, apart from the prices fixed by the Land Act, the Province to have its reversionary interest in such lands, or the proceeds of sale or disposal thereof, as in Indian Reserves proper, on the extinc- tion of the Indian interest. In such event, the Province to re-imburse the Dominion the purchase price paid by it for said lands. - 3- It is, with great respect, considered good policy to have this question of Indian lands finally settled, and that some consideration be given by the Provincial Government to a re- duotion in price. 5. It was urged by the Dominion representatives that the Indian claims to the foreshore of their reserves be recognized by the Province, but the Provincial representatives pointed out that it has been and is the invariable policy of the Province to consider the rights of the upland owners, and that this pol- icy fully protected the rights of the Indians iu the same way as other upland owners or occupiers of land. In this connection the following letter from the late Pre- mier Oliver, dated the 23rd of April, 1924, was before the re- presentatives:- "Ottawa, April 23, 1924. The Honourable, The Superintendent General of Indian Affairs, Ottawa. Dear Sir:- Re: Indian Reserves in British Columbia. Referring to our conversation of yesterday and having reference to the fears expressed by the Indians that where their reserves fronted on the water, access to their lands might be interfered with by construction of wharfs, docks, booms or other obstructions erected or placed along any foreshore being in the Province, as I expressed myself yesterday, I would favour a policy treating the Indians on sxaotly the same footing as I would treat the whites, and would if necessary advise the Government of the Province to give the Indian Department a written assurance to that effect. I am, however, of the opinion that no such amour- is necessary, as I think the principle of Riparian Rights would apply to any Indian reserves having water frontage to the same extent as Riparian Rights would apply to the same lands were such lands subject to the private own- ership of any person other than an Indian. In other words, Riparian Rights would accrue to the Indians (through the Indian Department) to the same extent as they would apply to a white owner. I should be pleased if you would obtain the advice of your legal Department on this phase of the situation. I mm, Yours faithfully, John Oliver." It was considered by the representatives of the Province that this letter expressed the policy which in the past has been followed, and will be followed by the Province in the future. 6. Regarding Indian Reserves in the Railway Belt and Peace River Block, we have agreed that the Indian Reserves set apart by the Dominion Government in the Railway Belt and in the Peace River Block (as shewn in Schedule hereto annexed), and also the Indian Reserves set apart before the transfer of the Railway Belt and the Peace River Block by the Province to the Dominion shall be excepted from the re-conveyance of the Railway Belt and the Peace River Block, and shall be held in trust and administered by the Dominion under the terms and conditions set forth in the Agreement dated 24th September, 1912, between Mr. J. A. J. McKenna and the Hon. Sir Richard McBride (as confirmed by Dominion Statute, Chapter 51 of the Statutes of 1920, British Columbia Statute, Chapter 32 of the Statutes of 1919) in the Dominion Order-in-Council Number 1265. approved 19th July, 1924, and Provincial Order-in-Council Num- ber 911, approved 26th of July, 1923, and in the form of con- veyance marked "A" of the Inuian Reserves outside the Railway Belt and the Peace River Block. Reepeotfully submitted. DATED at Victoria, British Columbia, this 22nd clay of March 1929. (Sgd). Duncan C. Scott. Deputy Superintendent General of Indian Affairs. (Sgd). W. E. Ditchburn. Indian Commissioner of British Columbia. (Sgd). H. Cathcart. Superintendent of Lands. (Sgd). O. C. Base. Deputy Attorney-General. J SCHEDULE 4 "A" (Draft Order-in-council) to Recommend: THAT under authority of section 92 or the Land Act, being chapter 131, Aevised Statutes 1924, and section 2 of chapter 32, b.
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