WOODWARD & CO. LAWYERS LLP
REPLY TO: J. BERRY HYKIN Victoria Office
email: [email protected]
ASSISTANT: NANCY VALENCIA [email protected] 5266
May 27, 2015 Via Email National Energy Board 517 Tenth Avenue SW Calgary, AB T2R 0A8
Attention: Sheri Young, Secretary of the Board
Dear Madam:
Re: Trans Mountain Pipeline ULC – Trans Mountain Expansion Project Written Evidence for Nooaitch Indian Band
We are legal consel acting on behalf of the Nooaitch Indian Band (“Nooaitch”) in respect of the above captioned matter. Please find enclosed the following documents to be filed as written evidence.
• Nooaitch Indian Band’s Review of Trans Mountain Pipeline Expansion Project NEB Application prepared by Matt Gellis, PEng of Northwest Hydraulic Consultants Ltd. • Nooaitch Indian Band Land Use Plan prepared by Nancy Murphy and Deb Biddiscombe of KDC Consulting. • Memorial to Sir Wilfred Laurier’s visit in the summer of 1910. • Base Map of Nooaitch Traditional Territory.
I trust this is satisfactory. If you require more information, please do not hesitate to contact me.
Yours truly, WOODWARD & COMPANY
J. Berry Hykin
JBH/nv Enclosure
VICTORIA OFFICE: WHITEHORSE OFFICE: 844 COURTNEY STREET, 2ND FLOOR 3059 3RD AVENUE, 2ND FLOOR VICTORIA, BC V8W 1C4 WHITEHORSE, YT Y1A 1E2
TEL: 250-383-2356; FAX: 250-380-6560 TEL: 867-633-5940 WEBSITE: www.woodwardandcompany.com WEBSITE: www.woodwardandcompany.com
HEARING ORDER OH-001-2014 Trans Mountain Pipeline ULC (“Trans Mountain”) Application for the Trans Mountain Expansion Project (the “Project”)
WRITTEN EVIDENCE
Name of Intervenor: Nooaitch Indian Band
Table of Contents
1 Nooaitch Indian Band’s Review of Trans Mountain Pipeline Expansion Project NEB Application prepared by Matt Gellis, PEng of Northwest Hydraulic Consultants Ltd.
2 Nooaitch Indian Band Land Use Plan prepared by Nancy Murphy and Deb Biddiscombe of KDC Consulting.
3 Memorial to Sir Wilfred Laurier’s visit in the summer of 1910.
4 Base Map of Nooaitch Traditional Territory. Exhibit 1
Nooaitch Indian Band’s Review of Trans Mountain Pipeline Expansion Project NEB Application prepared by Matt Gellis, PEng of Northwest Hydraulic Consultants Ltd.
Exhibit 2
Nooaitch Indian Band Land Use Plan prepared by Nancy Murphy and Deb Biddiscombe of KDC Consulting.
NOOAITCH INDIAN BAND LAND USE PLAN
MARCH 2011
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe
Nooaitch Indian Band Land Use Plan 2
TABLE OF CONTENTS
PAGE
EXECUTIVE SUMMARY ...... 4
1. INTRODUCTION ...... 5 LAND USE PLAN ...... 6 PURPOSE OF THE LAND USE PLAN ...... 7 STUDY AREA ...... 9 IR# 9 & 10 MAP ...... 10 PLANNING PROCESS ...... 11
2. MISSION STATEMENT ...... 13
3. GUIDING PRINCIPLES ...... 14
4. LAND USE SECTORS ...... 16
5. RESIDENTIAL ...... 17 VALUE STATEMENT ...... 17 BACKGROUND ...... 17 NOOAITCH LOT MAP-2001 P.D.P...... 17 GOALS ...... 18 LAND DESIGNATION ...... 19
6. PUBLIC AND INSTITUTIONAL ...... 21 VALUE STATEMENT ...... 21 COMMUNITY FACILITY BACKGROUND ...... 21 GOALS ...... 22 STRATEGIES ...... 22 LAND DESIGNATION ...... 22 PHYSICAL DEVELOPMENT PLAN MAP-2001 P.D.P...... 23 COMMUNITY INFRASTRUCTURE BACKGROUND ...... 25 VALUE STATEMENT ...... 25 GOALS ...... 25 STATEGIES ...... 26 LAND DESIGNATION ...... 26 LAND USE OPPORTUNITIES & CONSTRAINTS MAP-2001 P.D.P...... 28
7. PARKS AND OPEN SPACE ...... 29 VALUE STATEMENT ...... 29 BACKGROUND ...... 29 GOALS ...... 29
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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STRATEGIES ...... 30 LAND DESIGNATION ...... 30
8. FORESTRY ...... 31 VALUE STATEMENT ...... 31 BACKGROUND ...... 31 GOAL VALUE STATEMENT ...... 31 STRATEGIES ...... 31 LAND DESIGNATION ...... 32
9. TOURISM ...... 33 VALUE STATEMENT ...... 33 BACKGROUND ...... 33 GOALS ...... 33 STRATEGIES ...... 33 LAND DESIGNATION ...... 33
10. AGRICULTURE AND LIVESTOCK FARMING ...... 35 BACKGROUND ...... 35 VALUE STATEMENT ...... 35 GOALS ...... 35 STRATEGY ...... 36 LAND DESIGNATION ...... 36
11. CULTUTAL, SPIRITUAL AND PROTECTED PLACES ...... 38 VALUE STATEMENT ...... 38 BACKGROUND ...... 38 GOALS ...... 38 STRATEGY ...... 33 LAND DESIGNATION ...... 39
12. HUNTING, FISHING, PLANT AND FOOD GATHERING ...... 40 VALUE STATEMENT ...... 40 HUNTING AND FISHING BACKGROUND...... 40 HUNTING ...... 40 GOALS ...... 40 STRATEGY ...... 40 LAND DESIGNATION ...... 40 FISHING BACKGROUND ...... 41 FISHING ...... 41 GOALS ...... 41 STRATEGY ...... 41 LAND DESIGNATION ...... 41 PLANT ANF FOOD GATHERING ...... 43 GOALS ...... 43
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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STRATEGY ...... 43 LAND DESIGNATION ...... 43
13. MINING, GRAVEL; OIL & GAS ...... 45 VALUE STATEMENT ...... 45 BACKGROUND ...... 45 GOALS ...... 45 STRATEGY ...... 45 LAND DESIGNATION ...... 46
14. ENERY RESOURCES ...... 47 VALUE STATEMENT ...... 47 BACKGROUND ...... 47 GOALS ...... 47 STRATEGY ...... 47 LAND DESIGNATION ...... 48
15. COMMERCIAL DEVELOPMENTS ...... 49 VALUE STATEMENT ...... 49 BACKGROUND ...... 49 GOALS ...... 49 STRATEGY ...... 49 LAND DESIGNATION ...... 49
USING THE LAND USE PLAN ...... 50
APPENDIX
NOOAITCH SUBDIVISION MAP ...... 55
1944 NOOAITCH SURVEY MAP ...... 56
ARCHEOLOGICAL SITES CHART ...... 57
ENVIRONMENTALLY SENSITIVE LANDS - 2001 PDP ...... 59
GEOMORPHIC HAZARDS –2001 PDP ...... 60
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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EXECUTIVE SUMMARY
Nooaitch Land Use Plan was prepared with funding assistance from the B.C. Capacity Initiative and the New Relationship Trust and adopted by Nooaitch Chief, Council and the community of Nooaitch First Nation. The development of the Land Use Plan was done in tandem with some other critical community planning initiatives including the hiring and training of a Land Use Manager and the development of a 5 Year Strategic Plan for Chief and Council. Working on these projects concurrently has resulted in overall planning that is more consistent and more likely to be implemented in an efficient and effective manner.
The project involved meeting with the new Land Manager and the Administrator, the Chief and Council and the Community. It also made excellent use of existing studies such as the Traditional Use Study done as part of the Interior to Lower Mainland Transmission Project research. Last, but definitely note least, it made excellent use of the knowledge of the Nooaitch people, particularly some of the elders, as it related to traditional use, culture and heritage.
Work on this project was done with the assistance of KDC Consulting and involved regular meetings with the new Lands Manager, the Administrator, Chief and Council. There was also a tremendous amount of research by the Lands Manager, as well as ongoing correspondence between the consultants and the Lands Manager.
This project has substantially increased the capacity of Nooaitch Indian Band to deal with Land Use issues as they arise both on their reserve lands and within their traditional territories. The Nooaitch Indian Band will now be able to integrate the Land Use Plan into existing processes using it as a guide for important decisions such as where to locate new business, housing and community services. This Land Use Plan contains specific implementation directions. These include:
1. Decisions made by the Nooaitch Indian Band will be consistent with achieving the vision and goals of the Land Use Plan;
2. Actions, programs, and policies of Nooaitch Indian Band departments and corporations will be consistent with the Land Use Plan.
3. The contents of the Land Use Plan and progress toward its implementation will be monitored and subject to regular review and reports to Council and the community.
4. The Land Use Plan will be used to protect and enhance tradition and culture of the Nooaitch people.
5. Development plans or other documents referred to the Nooaitch Indian Band for comment will be assessed in light of their consistency with the Land Use Plan.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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6. Land Use Policies will be developed that are consistent with the Plan in order to guide development in the community.
1. INTRODUCTION
This Land Use Plan is a critical part of our ability to manage the land of our peoplen both reserve and within our territory. The Land Use Plan will help to ensure healthy lands and waters and promote a sustainable future. Our people have lived on this land for many centuries. We have used the many resources to support our way of life. However, we recognize that we live in a rapidly changing world and our people demand access to land for the purpose of building businesses and providing employment. We have a longstanding connection with our resources: the land, water, plants, and animals of our traditional territory. We respect this place and have an inherent role in guiding its use. This document provides direction to develop a better future through which our Nooaitch people will lead productive lives in a healthy environment that is inclusive of the traditions and culture, while engaging in viable and sustainable economic opportunities. We have a responsibility to balance new needs with tradition, to balance the future with the past and to meet the needs of their people so that they can live and flourish in the homeland.
LAND USE PLAN
First Nations use their resources to use or develop on land for a monetary or community benefit. Developers use their resources to develop on land and develop it to make a profit. Often a project provides either a profit for the developer or a benefit for the community but not both and this can lead to problems. In response, First Nations adopt a Land Use Plan and Land Policies to protect the interests of their members. The policies generally focus on minimizing the damage caused by land uses. They do this by regulating the permitted types of land use (residential, commercial, industrial) and by limiting the amount of negative impact land uses can have on noise, traffic, scenery, natural and historic resources, etc. In addition, both the Land Use Plan and the Land Use Policies work together to try and minimize conflict between competing land use interests such as residential and industrial, heritage sites and tourism or habitat preservation and development that requires access to water.
Responsibilities of the Council, management and staff include overseeing and coordinating development, reviewing proposed land development projects to ensure they comply with Land Use Plan and Land Policies, and then approving the plans for if they comply. Communities that have Land Policies usually have divided the land base into development zones (residential, commercial, industrial, etc.). Each zone may have different requirements for lot size, building use and height, parking spaces, road width,
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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etc. The First Nation may have a Land Department which can review certain projects to review opportunities and ensure they comply with the development Land Policies.
PURPOSE OF THE LAND USE PLAN
Land‐use planning is important for asserting rights and community values on the development of a First Nation’s on reserve and in traditional territory, and is an opportunity to engage a community in determining the future use of its land base. Land Use Planning is “a holistic process that considers the interconnectedness of all aspects of an Aboriginal community, including its social, traditional, economic, cultural, spiritual and governance context.” (cite quotation) This document represents the vision of the Nooaitch Indian Band people for the reserve lands and resources and our Traditional Territory. The plan provides management direction to sustain the resources: plants, animals, and waters of this land, and the health of the Nooaitch Indian Band people, who rely on the resources.
Other purposes include:
1. Providing a framework for future development through statements of objectives and policies. 2. Serving to guide Chief and Councils when making decisions about development and services to accommodate growth. 3. Improving access to local commercial, industrial and residential areas, and providing the assurance the neighbourhoods need to retain attractive and stable living environments.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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STUDY AREA
The Nooaitch Indian Band Lands are located within the Thompson-Nicola region of the southern Interior. The main Nooaitch I.R. #10 encompasses 903.1 hectares, and is located along the Nicola River corridor, beginning approximately 23 kilometers west of Merritt, adjacent to the Merritt-Spences Bridge Highway #8. The second Nooaitch Reserve, #9 Grass is 790.3 hectares, and is located northeast of IR #10 between the Nicola River Valley and Guichon Creek.
Nooaitch lands are situated along the eastern edge of the Spius Creek Volcanic Formation, with andesitic rock being common throughout. The Thompson-Okanagan region has rolling topography with extensive river and creek systems. Lakes are to the northeast of the Nooaitch IR. The elevation of the Nooaitch lands range from 500 meters at the Nicola River, to approximately 1000 meters on IR #10.
The closest urban certain is Merritt with a population of approximately 7,000. Merritt provides the main commercial area for the Nooaitch community. Nooaitch community members are currently dependent on Merritt for most of the shopping, health, employment, social service and education needs. At present, there are no commercial enterprises operating on Nooaitch reserve lands.
From an aesthetic perspective, much of the Nooaitch reserve land is in relatively pristine condition and the river, steep slopes and well treed areas should be considered of high value. Preserving the aesthetic value while promoting development will be a critical balancing act for the Nooaitch Land Manager and the community in general.
This plan focuses mainly on reserve lands, but may include some statements relevant to land use within the traditional territory where appropriate.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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IR #9 and #10 Map
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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PLANNING PROCESS
Project Preparations:
Together with the Nooaitch Land Manager, collected appropriate background information and mapping. Once the information has been gathered:
1. Nooaitch retained the services of KDC Consulting to assist them with this project. The key individual consultants were Nancy Murphy, CAFM and Deb Biddiscombe, MCIP. Both Nancy and Deb have over 20 years of experience working on a wide variety of community planning initiatives with First Nation communities.
2. Review current land use mapping collected by the Land Manager. Ensure the Map is up to date and that all buildings, residential areas, etc. are clearly marked on the Land Use Plan Map. Decide on scale of map to be used for workshops and community meetings.
3. From the collected maps the Band’s engineer and/or the Tribal Council to provide mapping to discuss and do a review of the planning process with Council.
4. Develop materials for Workshops and Community Meetings.
5. Prepare and update the provided land use maps as per the Council workshop.
Workshops:
Council: Several workshops were held with Chief, Council and staff as follows:
1. Review the Purpose of the Land Use Plan, the need for Land Use Planning, Confirm the steps to be followed as part of the process for developing the new Land Use Plan. Review the Updated Plan Map and make necessary changes. Discuss importance of Land Use Policies to be adopted with the Land Use Plan.
Community:
The first community workshop components:
1. The consultants will discuss why this type of planning is important and the ultimate goal of building an independent self-sustaining community. The consultants review the Land Plan as it has been completed to date with the assistance of Nooaitch staff and Council.
2. The draft Land Plan map will have major topographic features and the proposed land uses. The group will be asked to identify a) anything that was significant and needed to be protected from development; b) what land uses were okay ; c) what land uses were
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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not okay and d) specific locations for the various types of economic development in which their group was interested.
Draft Land Use Plan:
1. A final Council and staff workshop was held to review the draft with the community input.
2. Council approved the Land Use Plan, including the next steps.
3. Prepared a final package including mapping to be made available to potential developers, partners and other interested parties.
Land Management Policies (included in a separate policy document)
1. The consultant will provide samples and review municipal government polices used for similar purposes.
2. The Consultant and the Land Manager will develop a list of land issues and transactions that need polices as a guide.
3. Topics to be used but not limited to:
1) Community residential: Objectives and Policies 2) Culturally sensitive areas: Objectives and Policies 3) Commercial Residential: Objectives and Policies 4) Commercial Tourism: Objectives and Policies 5) Industrial: Objectives and Policies 6) Light Industrial: Objectives and Policies 7) Public and Institutional: Objectives and Policies 8) Open space: Objectives and Policies 9) Environmentally Sensitive: Objectives and Policies
1) Council and staff workshops to discuss and update the proposed policies.
2) At the community meeting the consultants, provide an overview of the policies, why it is important, the roles of community input, Chief and Council input and researchers. The policies will be discussed, added to, changed and the final draft will be prepared and distributed to the Council and Community.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Mission Statement
The Nooaitch Band Council is the steward of their reserve lands and traditional territory. They will manage these lands while respecting traditional culture and values, in a sustainable, environmentally responsible and economically viable manner for present and future generations.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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3. GUIDING PRINCIPLES
1) The Nooaitch Band Council is the steward of their reserve lands and traditional territory. They will manage these lands while respecting traditional culture and values, in a sustainable, environmentally responsible and economically viable manner for present and future generations.
2) The Nooaitch Band Council will promote healthy, safe environment for their members while encouraging and respecting traditional, culture and healthy lifestyles.
3) The Nooaitch Band Council will respect the Elders as a valued resource; acknowledging that they carry the history, traditions, culture and language. Council will ensure Eder’s are involved in all important decision making.
4) The Nooaitch Band Council will respect the Youth as a valued resource; acknowledging that they are the future. Council will ensure Youth are involved in community.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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5) The Nooaitch Band will ensure that they are accountable, transparent, and fiscally responsible.
6) The Nooaitch Band Council will actively seek economic opportunities that are sustainable, feasible, and profitable while benefitting all membership and encouraging entrepreneurship.
7) The Nooaitch Band Council respect that they are stewards of their lands and territories; and will ensure that the federal and provincial government, industry groups and business companies will provide the Nooaitch Band capacity funds and resources before they enter into any consultation and negotiations with them. The Nooaitch Band Council will ensure when reaching an Accommodation Agreement of Resources within their territory they will respect, and preserve their culture and title and rights.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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4. Land Use Sectors
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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5. RESIDENTIAL AREAS
VALUE STATEMENT:
Nooaitch is committed to ensuring adequate land is set aside to provide for the residential needs of the community members now and for future generations.
BACKGROUND
The Nooaitch Band has a Registered Population of 202 members, with approximately half the members, 104 residing on the Nooaitch Reserve. (Source: Indian and Northern Affairs Canada – INAC- First Nations Profiles, September, 2009) On the Nooaitch Reserve, approximately 30 individual residences are located within the two main subdivision areas (Shackelly Road and Upper Bench), while an additional twelve to 15 homes are clustered elsewhere on the Reserve. The challenge that Nooaitch faces in the private lots is the funding of the infrastructure services: water, sewer, roads, utilities and bank erosion remediation on some lots.
The 2001 Nooaitch Physical Development Plan (PDP) completed by Kerr Wood Leidel Associates Ltd reported:
Some small scale residential in-fill is also likely to occur on existing private lots within IR#10. Future residential development on private lots will need to have to regard for potential flood and erosion hazards and have adequate water supply and means of sewage disposal.
There is also potential development at the north end of the reserve on Lot 52. The former CPR corridor and bridge provides the only access across the Nicola River to this site. However, the embankment on the eastern side of the river is gradually being eroded. If future development is to occur on lot 52, the erosion issues must be addressed.
Future Subdivision Plans
The Phase 2 and Phase 3 upper bench 15 lot sub-divisions were planned in the 1991 PDP and reaffirmed in the 2001 PDP. As the present upper bench sub-division fills, the planned sub- division construction will provide housing lots from 2001 to 2020.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Nooaitch Lot Map Nooaitch 2001 P.D.P.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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GOALS
1. Ensure adequate lands are set aside for community residential use. 2. Encourage location of homes in serviced areas and promote responsible infrastructure development in other areas as appropriate and economically viable 3. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 4. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 5. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 6. To prevent residential development from impacting cultural resources.
STRATEGIES
1. Annual review of available serviced lots to ensure at least a 5 year supply of lots is always available 2. Apply for funding for additional infrastructure to keep 5 year serviced lot supply available 3. Lobby INAC to allow “mini-developments” by providing infrastructure for small developments located away from the main subdivision areas
RESIDENTIAL DESIGNATED LANDS
Present Home Types
1. Single family units 2. Mobile Homes
Acceptable Building Types The uses listed as allowable or preferred in this designation include:
Single Family Units Single Family Homes Mobile homes
Multi-family Units • Apartments, condominiums, townhomes, etc. • Duplex units, triplex units, fourplex units, etc. • Group home • Elders housing
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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6. PUBLIC AND INSTITUTIONAL
COMMUNITY FACILITIES
VALUE STATEMENT:
Nooaitch is committed to providing community members with services essential to culture, tradition, healthy and sustainable lifestyles.
COMMUNITY FACILITIES BACKGROUND
On IR#10 there is the main Band Office and Community Hall at the south end of the reserve. There is an area of industrial land north of the Band Office, formerly occupied by Eagle Nest Homes. Recently a Scw’exmx Community Health Services Society trailer was placed close to the Band office to provide on-reserve health services. The old Anglican Church is located on Lot 55 south of the Band Office.
Present Community Facilities
1. Band Office 2. Community Hall 3. Health Office 4. Church 5. Youth Centre
Acceptable Building and Facility Types The uses listed as allowable or preferred in this designation include:
• Multi-Purpose Building • Band Administration • Office Gymnasium • Class Rooms • Computer Lab • Library • RCMP Satellite Office • Community Hall • Day Care • Fire Hall • Cultural Camp • Elder’s Nursing Home • Church – new or nenovation • Cultural Building • Heritage Centre • Elder’s Centre
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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• Treatment Centre • Fire Hall
Cemetery
Health Centre • Medical clinic • Dental clinic • Addiction services • Mental Services
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied.. 3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent from impacting cultural resources. 5. Develop the applicable by-laws.
STRATEGIES
1. Annually review lands available for community facilities, ensure sufficient land is always available for at least the 5 year community facilities development plan 2. Apply for funding to provide infrastructure and lot development necessary to proceed with community facility development plans 3. Annually review priority of community facility needs and designate specific lands for siting these facilities.
DESIGNATED LANDS
Public and institutional services make an important contribution to the socio-economic health of the community. Health, education, safety, special government services, research, arts and culture are some of the key contributors to economic diversification and expansion as well as to the health, safety and quality of life of residents.
The Land Use map will be inclusive of the present needs and the identified needs of the 2001 PDP.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Physical Development Plan Map Nooaitch 2001 P.D.P.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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COMMUNITY INFRASTRUCTURE
VALUE STATEMENT:
Nooaitch will work to ensure adequate infrastructure to serve all members. Nooaitch will also work to prevent intrusion of additional infrastructure such as roads and hydro lines except as specifically negotiated with Council.
COMMUNITY INFRASTRUCTURE BACKGROUND
The roads to the community and the subdivision are paved and gravel and are maintained by the Band. Shackelly Road is the The Kettle Valley Railroad previously ran through Nooaitch Reserve, the old rail subgrade which can still be seen through much of the Reserve. A rail trellis crosses the Nicola River in the Northern portion of the Reserve and still is negotiable by foot.
The community water system has undergone a significant upgrade, with completion in October, 2009. A new gravity-feed reservoir, complete with chlorination system, is located southwest of the Upper Bench Subdivision. The new water delivery system will incorporate two of the existing groundwater pump sites and one booster pump for supply to the new reservoir, including hose boxes and several lengths of hose at many of the Shackelly Subdivision’s hydrants. In addition, the system also will have an alternate power supply to ensure no disruption of service in event of a power outage. The new system will serve both the Upper Bench and Shackelly Road Subdivisions. The four homes north of the main community and two on the eastern side of the Nicola River are served with two independent ground-water pumps.
2001 PDP Summary of Identifies Infrastructure Requirements
1. Public Works Yard 2. Phase 2 Water Reservoir No. 2 3. Jimmie Fountain Well 4. Main Village Wastewater System and Upgrade 5. Churchill Road – inspect fill slope and regetate ditch 6. Western Access Road Upgrade 7. Upgrade Access Road to Lot 52
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
STRATEGIES 1. Ensure Annual Submission of 5 Year Capital Plan clearly identifies and prioritizes infrastructure needs identified either in the 2001 Physical Development Plan or in accordance with more updated Development Plans. 2. Seek alternative funding sources for infrastructure development in an effort to speed up development of need Community Facilities. 3. Annually review Community Facility requirements and update 5 Year Capital Plan as needed.
COMMUNITY INFRASTRUCTURE DESIGNATED LANDS
Present Infrastructure Facilities:
1. Community Well 2. Septic tanks 3. Water reservoir 4. Roads 5. Hydro 6. Telephone Services 7. Satellite Internet Service
Acceptable Facility Types The uses listed as allowable or preferred in this designation include:
Water and Sewer Services • Community well and water lines • Water reservoir • Community Septic treatment lagoon • Septic tanks, fields and lines • Pump houses • Lift Stations • Waste management
Utility Services • Hydro • Telephone Services • Satellite Internet Service Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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• Energy • Gas • Roads
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Land Use Opportunities and Constraints Map Nooaitch 2001 P.D.P.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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7. PARKS AND OPEN SPACE
VALUE STATEMENT:
Nooaitch is committed to ensuring members have adequate place to play, exercise and practice traditions and culture.
BACKGROUND
Nooaitch has an area that is used for the summer cultural camp. Members participate in recreational activities at the neighbouring First Nations and the Merritt municipality. In addition, it is critical for Nooaitch to set aside and/or preserve and maintain areas for a wide variety of outdoor and recreational activities. In addition, ensuring walking trails throughout the community between residential areas, community centre and activity areas promotes community connectivity, healthy lifestyles and recreational opportunities for walking and biking.
1. Cultural Gathering Area
Acceptable Facility Types The uses listed as allowable or preferred in this designation include:
• Playgrounds • Sports Fields • Black Top Recreation Area • Hockey Rink • Park Areas • Main Village • Upper Sub-division • Cemetery • Bird and Wildlife Sanctuaries • Trails
Powwow Arbor
GOALS
1. Promote land use that promotes healthy lifestyles 2. Ensure community members have adequate space for a wide variety of outdoor and other recreational opportunities
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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STRATEGIES
1. Annual review of recreational needs and identification of lands suitable for specific uses 2. Work with community to prioritize recreational needs based on community preference and economic viability or funding opportunities 3. Seek funding for recreational land development from public and private sector sources
LAND DESIGNATION
Nooaitch has little parks and open spaces that are accessible opportunities for active and passive recreation and leisure activities. Land designated as Parks and Recreation Facilities include: parks, sports fields, nature parks and green belts.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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8. FORESTRY
VALUE STATEMENT:
Nooaitch expects to be part of the forestry economy while protecting specific areas for culture, tradition, recreation and tourism.
BACKGROUND
The majority of the Reserve area is steep, forested grass-land, with some open range land. The forested land within the Nooaitch IR #10 is generally very open, with low stem density due to severe moisture limitations. Heavy, continuous forests within IR #10 are limited to northern aspects on the sidewalls of the Nicola River Valley, and the Nuaitch Creek Valley.
1. Douglas-fir and Yellow pine are common on the lower elevation sites 2. Black Cottonwood limited in distribution to the floodplains immediately adjacent to the Nicola River and Nuaitch Creek. 3. Trembling Aspen and Lodgepole pine are present on the wetter sites at upper elevations 4. Hybrid White Spruce is only present on wetter sites on shady, northerly aspects, primarily adjacent to streams
GOALS
1. Sustainability: Ensure that Nooaitch has authority over the planning and management of forest resources in the territory. 2. Respect the environment: Protect and restore the ecological integrity of the forest ecosystems. 3. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 4. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 5. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 6. To prevent developments from impacting cultural resources.
STRATEGIES 1. Ensure active Nooaitch participation in forestry activities and referrals throughout the territory 2. Develop a referrals process complete with identification of “cost of doing business” with Nooaitch
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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DESIGNATED LAND
1. Preserve functional old growth forests. • Maintain all old growth in Nooaitch designated Forestry Areas to maintain ecologically. environmentally and culturally important areas for our people. • Ensure old growth areas that contain rare or threatened forests are maintained to provide for cultural needs. • Allow natural processes to manage old growth forests of greater than 40 ha. Note: This direction is intended to maintain functional forest ecosystems, not to set maximum cut block sizes. In a contiguous old growth forest of 40 hectares or greater, logging will not be permitted. Logging in old growth stands of less than 40 hectares must ensure that sensitive areas, including, but not limited to culturally important sites and fish and wildlife habitat, are not impacted.
2. Restore forest ecosystems that have been affected by development, especially riparian and environmentally sensitive areas. • Require reforestation in all logged areas and identify areas that need rehabilitation. • Use silviculture practices that will foster a healthier ecosystem.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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9. TOURISM
VALUE STATEMENT:
Nooaitch believes that tourism can be a vital part of the economy while assisting in the preservation of high value lands and resources.
BACKGROUND
Nooaitch presently has no tourism facilities or areas.
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
STRATEGIES 1. Actively seek out tourism opportunities and set aside specific land for these activities 2. Actively seek economic development funding for activities that have high financial and employment return potential.
DESIGNATED LANDS
Acceptable Uses The uses listed as allowable or preferred in this designation include:
Arts and Craft Sales Gift Shop A Cultural Centre A Recreational Vehicle and Camping site
Cultural Fishing Tours - Cultural fish guiding tours to travelers and tourists. Jet Boat Adventures. Jet Boat tours
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Tourism Designated Lands are intended to support tourism activities. Limited office uses would be considered in this designation, provided that these uses directly support the tourism uses.
The Tourism and Recreation uses adjacent to the Highway designation is intended to support commercial activities related to highway users, the regional market, or businesses that are related to tourism. These uses include tourist accommodation, restaurants, camps, etc. Most of the uses will occur along the Highway 20 corridors. The land designation will be shown on the Land Use map.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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10. AGRICULTURE AND LIVESTOCK FARMING
VALUE STATEMENT:
Nooaitch supports participation in agriculture and livestock operations. Nooaitch expects all stock to be properly contained to protect the community lands and property of others. Chemical spraying of pesticides, herbicides and other chemicals will require permission of Band Council and notices must be posted.
BACKGROUND
Past stock grazing on the Nooaitch IR #10 has been unregulated, and has resulted in severe over-grazing, damage to the grassland ecology, reduced forage production, and increased numbers of non-native invasive weeds. Efforts have been made during 2009 to implement some grazing restrictions. The past over-grazing did, however, limit the potential for accumulations of grass fuels to become excessive.
Presently there is minimal farming and no agriculture use of lands in Nooaitch. A few members own horses for personal use. A member(s) have a cattle operation with about 20 head of cattle. There have been discussions on a greenhouse operation.
Nooaitch includes fertile lands that can be for a range of agricultural activities. Agricultural growth opportunities are identified for vegetables, herbs, and field crops, as well as greenhouse production and range activities. Any new farming or agricultural development must ensure that environmental impacts do not arise, especially through the use of pesticides, livestock movement across sensitive streams, or increased competition with wildlife.
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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STRATEGIES
1. Designate specific areas within the community for agriculture and livestock and work with community members to review areas annually to prevent degradation of grasslands, etc. 2. Work with community to educate people on the impacts of agriculture on land and community life. 3. Develop and implement policies for the use of pesticides, herbicides, etc. 4. Develop bylaws for the keeping of animals within the residential and community areas of the community.
DESIGNATED LAND
Acceptable Facility Types The uses listed as allowable or preferred in this designation include:
Buffalo farming and meat processing Specialty beef operation Cow/calf operation Turkey/fowl farming Wildlife: fallow deer farming
Cash Crops, vegetables, fruit, etc. Hay Hemp Berry operation Grapes/wine Flowers and trees
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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1.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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10.CULTUTAL, SPIRITUAL AND PROTECTED PLACES
VALUE STATEMENT:
Nooaitch is committed to absolute preservation of lands and resources that have significant cultural, spiritual and traditional values. These lands and resources are set aside for the specific use of the Nooaitch members and their invitees. Specific values and locations will only be known to the Nooaitch members and will NOT be marked on maps in order to prevent disturbance, intrusion, theft, grave robbery and/or vandalism.
BACKGROUND
Numerous cultural sites and heritage features exist within and adjacent to the Nooaitch Indian Reserve #10. Along the Nicola River, both on and off the IR #10, the First Nations people had historically constructed their traditional Keekwilli’s (Pit houses). Evidence of these structures exists at various locations across the Reserve, and many archaeological features within the community have been previously identified. Preservation and management of any historic sites will be accommodated on an as needed basis, under the direction of a qualified Band archaeologist. The Nooaitch Band also maintains a Band Cemetery situated just north of the Shackelly Road Subdivision.
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
STRATEGIES
1. Develop a system for identifying key “protected” areas that do not provide too much information and jeopardize the preservation of cultural, spiritual and other protected lands. 2. Formally adopt appropriate environmental standards 3. Develop an application process for development to be used by Council to manage development.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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DESIGNATED LANDS
The Cultural, Spiritual and Protected Lands are identified on the Land Use map.
1. Ensure meaningful consultation for all activities that occur on the land. 1) Undertake archaeological and traditional use studies in areas with archaeological potential. 2) Ensure all land use development plans are reviewed by the Land Manager. 3) Ensure aboriginal interest and use studies are undertaken by the Lands Department early in the development process to inform development planning. 4) Protect cultural values on the land. 5) Take actions necessary to protect culturally important sites and resources, including culturally modified trees. 2. Manage access on the land to protect cultural resources. 3. Develop communication programs to share relevant cultural information with community members, commercial operators, land and resource developers, and all levels of government to avoid impacts. • Provide awareness training on cultural heritage resources for those conducting activities on reserve. • Use a range of communication methods (e.g. plaques, guides, brochures, interpretive centre) to share authentic and accurate information about the cultural significance and sensitivity of sites, where needed. 4. Continue to rediscover cultural knowledge of the land and resources. • Continue to undertake studies on cultural heritage resources, including archaeological investigations, traditional use studies, mapping of places in stories, and transcription of interviews. • Use the wisdom and knowledge of elders to guide information collection initiatives.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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11. HUNTING, FISHING, PLANT AND FOOD GATHERING AREAS
VALUE STATEMENT:
Nooaitch is committed to absolute preservation of lands and resources that are critical to hunting, fishing, plant and food gathering. These lands and resources are set aside for the specific use of the Nooaitch members and their invitees.
MEMBERSHIP HUNTING BACKGROUND
Members still continue to hunt on reserve and in the traditional territory. Nooaitch elders and adults pass along the traditional knowledge and skills: hunting skills, safety, butchering and food preservation. Nooaitch also host cultural camps.
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
STRATEGIES
1. Adopt development standards to be used by Council when assessing development proposals. 2. Encourage members to continue traditional lifestyles and participate in identification of critical areas for preservation.
HUNTING DESIGNATED LANDS
1. Encourage the restoration of wildlife habitat to sustain healthy populations. • Ensure that land uses and human activities are consistent with protecting and restoring wildlife habitat. • Ensure old-growth forests exist to provide habitat for old-growth dependent species. 2. Monitor wildlife populations and habitat to ensure healthy populations. • Continue to develop the Nooaitch capacity to conduct wildlife management and monitoring programs.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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• Research and develop and apply indicators to measure the health of ecosystems and species. • Use monitoring information to improve wildlife management. 3. Support research efforts to more fully understand past wildlife ranges and current habitat needs. • Continue to compile all information regarding the wildlife species of the Nooaitch reserve lands • Identify and map current and past wildlife presence. 4. Maintain all rare and culturally important species. 5. Manage human-caused disturbance of wildlife populations.
FISHING BACKGROUND
”Many species of fish were also used by the NLaka’pamux. The Nicola Lake, Nicola River, Coldwater River, Spius Creek, Anderson River and Fraser River were important waterways in the territory. Bull Trout, Chinook Salmon, Coho Salmon and Dolly Varden Char were caught with a hook and line or by other means (BC Indian Language Project, no date).
The Nicola River was a source of Spring, Jack Spring, Steelhead and Sockeye Salmon for the NLaka’pamux, but they also fished and traded for this important resource with the Fraser River Bands (Arcas 1985; BC Indian Language Project, no date; Prince 2003). In the summer months, the Fraser River bank was blanketed by drying racks (Smith 1930). Sucker fish that grow very large in May, when the rivers and lakes are muddy, were also caught They are caught in a dip net. They could be sun-dried for winter storage. The eggs are also eaten and boiled with saskatoon berries to make a stew. Scaffolds were built to fish for sucker fish along the rivers (BC Indian Language Project, no date).
The Nooaitch Indian Band And Shackan Indian Band TUS Interim Report, Prepared by Sa’lish Archaeology and CRM Ltd., February 2009.
MEMBERSHIP FISHING AREAS
Members still continue to fish on reserve. Nooaitch elders and adults pass along the traditional knowledge and skills: fishing skills, safety, net making and food preservation. Nooaitch also host cultural camps.
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
STRATEGIES
3. Adopt development standards to be used by Council when assessing development proposals. 4. Encourage members to continue traditional lifestyles and participate in identification of critical areas for preservation.
DESIGNATED LANDS
1. Improve the overall understanding of the importance of fish. • Develop an education and awareness program about the importance of fish as a food staple. • Encourage community stream, river, and lake clean-ups. 2. Maintain cultural sites related to fishing. • Identify, document, map, and protect traditional fishing spots and all culturally important sites along rivers, lakes and streams. 3. Participate in rebuilding salmon stocks. 4. Undertake research and monitoring to support ongoing improvements in fish management. • Assemble all technical information available from agencies or third parties on fish and fish habitat in a central location. • Monitor fish habitat, fish stocks, fishing activity and water quality along all important water bodies. • Continue to inventory and manage critical fish habitat (e.g., side channels, rearing tributaries). 5. Minimize human-caused disturbance to fish habitat. • Establish larger riparian reserves around all fish-bearing streams to protect environmental values. • Protect all fish habitat from logging, power projects, and other industrial development. • Identify and undertake fish habitat restoration projects on Nooaitch reserve lands. • Use Best Management Practices to limit environmental impacts of human activity, including road and railway crossings over rivers. • Require assessments for developments that may impact fish habitat. • Minimize changes to stream structure, including the removal of large woody debris from fish habitat and in-stream log salvaging operations. • Improve fish movement by ensuring culverts are appropriately installed and monitored.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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• Use flood prevention methods that do not affect fish habitat. 6. Minimize recreational impacts on fish habitat and fish populations. 7. Secure resources to ensure long-term fish management. 8. Enforce provincial and Nooaitch laws to sustain fish populations.
BACKGROUND PLANT AND FOOD GATHERING
Members still continue to gather berries, plants, tree bark, roots, etc. on reserve and in the traditional territory. Nooaitch elders and adults pass along the traditional knowledge and skills: skills, safety, methods and preservation. Nooaitch also host cultural camps.
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
STRATEGIES
1. Adopt development standards to be used by Council when assessing development proposals. 2. Encourage members to continue traditional lifestyles and participate in identification of critical areas for preservation.
DESIGNATED LANDS
1. Maintain a balanced approach to resource development which recognizes the cultural importance of berries, plants, roots. • Communicate the cultural importance of berries, plants, roots and forests to resource developers and all users of the land. • Encourage resource planning that includes the protection of culturally important berries, plants, roots. • Develop a comprehensive strategy for the management and protection of cedar, pine, plants, berries and other culturally important species. 2. Maintain sustainable harvesting levels to ensure plant population health. • Share information on sustainable harvesting practices with community members and non-Native pickers. • Ensure that any government efforts to regulate mushroom picking recognize and reflect our rights to harvest plants in Nooaitch reserve lands. Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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3. Minimize the negative impacts of recreation on botanical resources. • Provide information for recreational users about the sensitivity of specific areas and appropriate conduct. • Be aware of planned activities include mountain biking, heli-skiing, cross-country skiing, skidooing, trekking, paragliding, helicopters, horse riding, and ATV’s. • Work with agencies that grant recreational tenures and regulate recreational activity to prevent damage to our plant resources. Ensure enforcement is used to manage recreation activities.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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12. MINING, GRAVEL, AND OIL AND GAS OPERATIONS
VALUE STATEMENT:
Nooaitch expects to be part of the mining, gravel, oil and gas economy while protecting reserve lands. All operators will be required to respect Nooaitch protocols for development, including, but not necessarily limited to, employment, training, revenue sharing, tax sharing and contracting.
BACKGROUND
Mining, gravel, and oil and gas operations are very much a part of the local and regional economy in the Nooaitch area. In addition, the revenue and employment produced by these activities are critical to the economy of the region, the Province of British Columbia and Canada as a whole. These sectors of the economy are very healthy at the moment and Nooaitch needs to ensure they are a participant in these sectors of the economy in some capacity. At the same time, Nooaitch needs to ensure that the referrals processes are paid for and carefully adhered to for the benefit of Nooaitch and the protection of Nooaitch lands, territories and traditional way of life.
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
STRATEGIES
1. Develop and implement a referrals process that ensure Nooaitch is paid to participate with full knowledge and ability to negotiate. 2. Identify capacity for employment, partnering and other potential benefits of land use for these type of activities. 3. Designate an individual (Lands Manager?) to keep informed on these sectors of the economy as it pertains to land use with Nooaitch traditional territory.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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DESIGNATED LANDS
Acceptable Uses The uses listed as allowable or preferred in this designation include:
Gravel Extraction
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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13. ENERGY RESOURCES
VALUE STATEMENT:
Nooaitch expects to be part of the energy economy while protecting reserve lands. All operators will be required to respect Nooaitch protocols for development, including, but not necessarily limited to, construction, employment, training, revenue sharing, tax sharing and contracting.
BACKGROUND
Nooaitch has the opportunity to develop a Wind Turbine project. The Wind Turbine energy production will generate a reliable, renewable supply of energy that will reduce their overall energy costs and enable them to invest in more pressing economic and social development priorities.
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
STRATEGIES
1. Develop and implement a referrals process that ensure Nooaitch is paid to participate with full knowledge and ability to negotiate. 2. Identify capacity for employment, partnering and other potential benefits of land use for these type of activities. 3. Designate an individual (Lands Manager?) to keep informed on these sectors of the economy as it pertains to land use with Nooaitch traditional territory.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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DESIGNATED LANDS
Acceptable Uses The uses listed as allowable or preferred in this designation include:
Wind Energy Bio Energy Independent Power Stations Oil and Gas Generated Power
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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14. COMMERCIAL
VALUE STATEMENT:
Nooaitch is open to commercial developments on designated areas of the reserve lands and will expect benefits to the community from such developments. Nooaitch Council will review all commercial development applications. Council will have sole approving authority for commercial developments.
BACKGROUND
There is an area of industrial land north of the Band Office, formerly occupied by Eagle Nest Homes. Eagle Nest Homes was a member’s business. Noaitch has successful partnerships with the neighbouring First Nations.
GOALS
1. Ensure that the Nooaitch has authority over the planning and management of development on-reserve. 2. Where sustainability for Nooaitch can be assured and subject to the highest environmental standards being applied. 3. Ensure that social, cultural and environmental impacts from proposed projects are fully assessed to the satisfaction of Nooaitch and are reduced, avoided or mitigated as needed for projects that are approved for construction. 4. To prevent developments from impacting cultural resources.
STRATEGY
1. Develop and Economic Development Strategy including financial analysis of opportunities of particular interest to Nooaitch community members. 2. Once opportunities are identified and prioritized make sure specific land is set aside and infrastructure needs identified. 3. Actively seek funding for infrastructure development necessary for commercial development. 4. Consider potential partners for commercial land development both on and off-reserve.
COMMERCIAL DESIGNATED LANDS
Commercial uses provide one of the main economic drivers in communities and directly contribute to “making the economic pie bigger” in Nooaitch. Commercial uses widely differ in terms of preferred location, compatibility with needs of consumers and the context of the surrounding neighbourhood. Different types of commercial activities are best suited to different areas of the reserve.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Acceptable Uses The uses listed as allowable or preferred in this designation include:
Services Include but are not necessarily limited to: A technical company Gas station Car wash Cafe/restaurant Mall Retail stores Motels and hotels Tourism business A new gas station, tire repair shop, car wash Towing and auto wrecking Wind Power Solar Thermal Heat Gravel Operation Greenhouse operation
Commercial residential including, but not necessarily limited to: Detached Homes Multi-family Homes Mobile homes Group home Elders housing
Industrial & Light Industrial including, but not limited to: An industry or manufacturing establishment A warehouse or storage establishment Wholesale outlet or business office accessory to a permitted use A yard for fuel, lumber, building materials, contractor's equipment or similar material Contractor’s or tradesman's shop Farm implement sales or repair business Parking lot Junkyard or automobile wrecking yard but, where visible from a public road, only if screened from view by a fence not less than seven feet in height on all sides Small lumber mill, value added saw mill and/or factory Home manufacturing facility: pre-fab homes, modular homes, log homes
Tourism/Recreational including, but not necessarily limited to: Recreational Vehicle and Camping site A cultural gift shop
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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Jet boat river tours Horseback riding
Commercial Designated Lands
The Commercial designation is intended to support commercial activities, primarily retail and service commercial uses. Limited office uses would be considered in this designation, provided that these uses directly support commercial uses.
The Commercial uses adjacent to the Highway designation is intended to support commercial activities related to highway users, the regional market, or businesses that are related to motor vehicles. These uses include tourist accommodation, restaurants, service stations, and vehicle sales and repair. Most of the highway commercial uses will occur along the Highway 20 corridors. The land designation will be shown on the Land Use map.
Light Industrial Designated Lands
Light designation is intended to support industrial operations and storage with light to moderate impacts in locations that minimize the effects of other land uses and have good access to industrial areas and transportation facilities. The land designation will be shown on the Land Use map.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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15. USING THE LAND USE PLAN
Monitor Change
Monitoring & assessment involves collecting information about the type and intensity of land use activities and checking how consistent these uses are with the plan’s designated areas, strategies and objectives. Is the plan achieving its goals and objectives around the types and location of activities? This phase also involves enforcing the policies and other aspects of the plan such as land use designations that are outcomes of the plan.
Thus, the planning process becomes an iterative process of evaluating current pressures on the land and how well the planning document addresses those. If there are changes that must be made to the plan to address those pressures, they must be incorporated into the plan to guide future action.
Assess Impacts
Assessing the impacts of the land use plan involves assessing how effective it is in implementing the original vision of the plan. It also involves assessing how effectively the land use plan guides all activities that occur on the land.
Reflect on implementation strategy
Treat the plan as a living document that is responsive to the community land use planning processes that has been built alongside the plan. Communities who have the capacity to hold meetings that periodically address land use planning can agree on a system of reviewing how well the plan is being implemented. Staff and council inform the larger community about how implementation is proceeding, what activities in the territory have been changed or altered to reflect the plan, and to obtain important feedback from the community. Council meetings are one possible forum for this activity, but care should be taken to ensure Chiefs and Councillors have the authority from the Band membership to alter the document without consultation.
Treating the plan as a living document will:
• Ensure the plan remains relevant and actively guides decision‐making over time, • Continually allow for community engagement and involvement in the land use planning process, • Provide a mechanism to address complex or controversial land use decisions, and • Allow for adaptation and revisions to maintain relevancy.
Revise the Land Use Plan
Plan revision is quite often the most overlooked aspect of land use planning. A plan that is responsive to new information, science and changes in human needs is more likely to Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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be relevant to your community over time, and function as a tool to guide land use decisions.
Adaptation is the process of re‐visiting the land use plan with new information and insights into how actions on the ground are meshing with the vision outlined in the plan. The plan may need adjustment as implementation unfolds; for instance, new archaeological data collected may inform adjustments to some of the land designation boundaries to better reflect protection of cultural heritage. The goal in re‐visiting the plan is not to rewrite the plan, but rather to track progress towards achieving land use goals and to adjust and modify the plan to best reflect new science, information and responses to it. It is important that the revision process is understood by all to not be a re‐design of the plan.
Often staff resources are not available to make regular revisions to the plan. In these situations, the time frequency of revisions may be lengthened from a semi‐annual, annual, or even multi‐annual period. The suggested revisions to the plan can be collected and organized for when staffing resources are available.
Effective Practice Purpose Effect Include monitoring guidelines and To achieve plan goals by connecting Be precautionary when broad goals strategies in the land use plan. plan outcomes with activities on in the plan cannot be tested and the ground. monitored over the short term.
Return to and revisit the plan To establish a culture of monitoring A system and intent is in place to and reporting that feeds back into apply the outputs of monitoring. the initial land use vision and plan. Keep your monitoring activities ‐Create clear goals, achievable ‐ Respond to the information you simple. outcomes, and fundable activities have for better results. - Increase involvement of outside ‐Understand what you can, and operators working in the planning cannot do. area to participate and report on monitoring efforts. Enforce the plan To ensure activities in the territory Enforcement gives the plan teeth, are consistent with the goals and and ensures the intent of the plan objectives of the land use plan is integrated into future activities. Set your information baseline and Work from what is known and Focus monitoring and building build upon it. immediately of use. upon existing work and funding
Create a system and process that is Embed reporting incentives into ‐Build accountability for actions open and responsive to changes your organization. and outcomes. detected from plan. ‐Open funding resources based on results. ‐Connect assessment activities and outcomes into the decisions and processes that make the land use plan succeed. Include plan revision guidelines in To reflect on how well the plan is Helps to ensure the plan is relevant
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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the document to chart how often directing land use; and useful. the plan is to be assessed. Treat the plan as a living document Keeps the plan relevant to changing ‐Plan is revisited. with timely revisions. cultural, economic and ‐Individual and community needs environmental needs. are aligned around common goals.
Adapt based on results of Frames changes in objective and ‐Change in behaviour or in uses. monitoring and assessment efforts. accountable ways.
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APPENDIX
Nooaitch Subdivision Map
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
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May 31, 1944 Survey Map
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Archaeological Sites in the Vicinity of Nooaitch IR 10 Site NTS Type of Site Permit Number Map
EaRg-1 92I.015 Precontact cultural depression 1969-020 Wyatt, David. Archaeological Survey Nicola Valley, BC, Summary Report upriver from Nooaitch Wyatt, David. 1970-15. The Indian History of the cemetery Nicola Valley
Wyatt, David. 1972-027. The Indian History of the Nicola Valley
Wyatt, David. 1972, The Indian History of the Nicola Valley, BC, PhD Dissertation.
EaRg-2 92I.015 Precontact housepit Wyatt, David. 1972, The Indian History of the Nicola Valley, BC, PhD Dissertation. upriver from Nooaitch 1969-020 Wyatt, David. Archaeological Survey cemetery Nicola Valley, BC, Summary Report
EaRg-3 92I.015 Precontact burial Hewer, Tony 1999-256. AIA and Emergency Recovery Found Human Remains west of Merritt. Near IR 10
EaRg-7 92I.015 Precontact lithics Kaltenrieder, Simon 2005. Archaeological Investigations at Nooaitch IR 10.
EbRg-1 92I.025 Precontact cache pit 1969-020 Wyatt, David. Archaeological Survey Nicola Valley, BC, Summary Report, 24 m from Spences 1968-017 Wyatt, David. Field Work, 1968 Nicola Bridge Valley
Wyatt, David. 1970-15. The Indian History of the Nicola Valley
Richards, Tom and Mike Rousseau, 1987. Late Prehistoric Cultural Horizons on the Canadian Plateau.
EbRg-2 92I.025 Precontact cultural depression, lithics 1969-020 Wyatt, David. Archaeological Survey Nicola Valley, BC, Summary Report 23.5 m from Spences Wyatt, David. 1970-15. The Indian History of the Bridge Nicola Valley
Wyatt, David. 1972-027. The Indian History of the Nicola Valley
Wyatt, David. 1972, The Indian History of the Nicola Valley, BC, PhD Dissertation.
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
Nooaitch Indian Band Land Use Plan 58
EbRg-3 92I.025 Precontact cache pit 1969-020 Wyatt, David. Archaeological Survey Nicola Valley, BC, Summary Report Agate Creek Ranch Wyatt, David. 1970-15. The Indian History of the Nicola Valley
Wyatt, David. 1972-027. The Indian History of the Nicola Valley
Wyatt, David. 1972, The Indian History of the Nicola Valley, BC, PhD Dissertation.
EbRg-5 92I.025 Circular Depression – Mat lodge, faunal 1969-020 Wyatt, David. Archaeological Survey subsurface material Nicola Valley, BC, Summary Report,
Wyatt, David. 1970-15. The Indian History of the Nicola Valley
Oliver, Ernie, 1972-015, Preliminary Report to the Archaeology Sites Advisory Board on the first summer of excavation of DcRu-002, Esquimalt Lagoon
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
Nooaitch Indian Band Land Use Plan 59
ENVIRONMENTALLY SENSITIVE LANDS - identifyed in the 2001 PDP
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011
Nooaitch Indian Band Land Use Plan 60
GEOMORPHIC HAZARDS – identifyed in the 2001 PDP
Nooaitch Indian Band Land Use Plan Prepared by KDC Consulting Nancy Murphy and Deb Biddiscombe March 2011 Exhibit 3
Memorial to Sir Wilfred Laurier’s visit in the summer of 1910. The Memorial to Sir Wilfrid Laurier
Chief John Tetlenitsa (Nlaka’pamux)
Chief Petit Louis Chief John Chilahitsa Prime Minister Sir Wilfrid Laurier (Secwépemc) (Syilx) (Canada)
Commemorating the 100th Anniversary, 1910-2010 Our laws and customs, what we call yirí7 re stsq’ey’s-kucw, were given One fundamental principle of our traditional law thus laid out by Sk’elép thousands of years ago is that each nation collectively Yiri7 re Stsq’ey’s-kucw to us by Sk’elép (Coyote) as laid out in our ancient oral histories, the holds its respective homeland and its resources at the exclusion of outsiders. Outsiders ought not trespass our lands without Stspetékwle: our express permission. However, when Sk’elép invited the foreign Wutémtkemc into our home as guests, noting “we should be Our Laws & Customs friends but we should not interfere with each others’ work” he was the first to establish a relationship between us as the owners A long time ago, maybe 5,000 years ago, the Wutémtkemc, a group and hosts of this land, and the outsiders as guests who were invited and should be treated with kindness but were expected to of Coast Salish people sometimes called “transformers” ventured up show respect and reciprocity. the Fraser River. They met Sk’elép, who was sitting on a rock watch- ing them as they approached. They tried tot’ult (transform) him As settlers came into our home in the past two hundred years, they were again reminded that we were the ones who owned the with their powers, but were able only to change his tracks into stone. collective “ranches” or homelands of our nations, and that they were guests in our land. In the 1910 Memorial to Sir Wilfrid Therefore, the marks of Sk’elép’s feet may be seen on this rock at the Laurier, our Chiefs reiterated their memories of the firstseme7 (guests) who respected our lands and boundaries; however, as set- present day. tlers took over our land and established laws aimed at keeping us off our “ranches,” they denied not only our ownership of lands Sk’elép sat with his chin resting on his hand and stared at them and resources, but also our ancient laws of trespass and jurisdiction. They thus defied the honour of being guests that we had while they were trying to transform him. When they failed, he cried bestowed upon them. out to them, “You are making the world right — so am I. Why try to punish me when I have done you no harm? This is my country. Why do you come here and interfere with my work? If I wished, I could turn you into stone, but as you have likely been sent into the world, like myself, to do good, I will allow you to pass, but you must leave this country as quickly as you can. We should be friends, but must not interfere with each others’ work.” At a later date and at a different location, Sk’elép again met the Wutémktemc. He was not so diplomatic and threatened to cause them serious harm if they did not leave his country. Also at this time it is said that Old Sk’elép was the ances- tor of all Indians. He had many wives. From some descended the Nlaka’pamux (Thompson), from others the Syilx (Okanagan), from still others the Secwépemc (Shuswap)… It is said that at one time they spoke the same language. After Sk’elép finished his work, it is said that the Old One — the Creator or Chief of the Ancient World who had sent Coyote — then came back to finish off some of his work. He led the different tribes into their homelands and gave them the languages they now speak.
(From a stspetékwle as recorded by ethnologist James A Teit, 1895 and 1915.) The Memorial must have resonated with Laurier, who Yiri7 re stsq’ey’s ne Memorial ~ Historical and Political Context departed with it in hand, intending to follow up on a legal and political resolution of the land title and rights question. However, he lost the election to Conservative In the summer of 1910, Prime Minister Sir Wilfrid opponent Robert Borden the following year, before it Laurier set out across the country on a “non- could move forward. Now, exactly one hundred years political” pre-election campaign tour. On August since the presentation of the Memorial to Laurier, the 25th he stopped in Kamloops where he was met vision those Chiefs put forward continues to reverberate by a delegation of Chiefs from the Secwépemc, in the ongoing struggles for Aboriginal title, rights, and Nlaka’pamux, and Syilx Nations, who greeted jurisdiction. their guest with an unequivocal message. They enlisted the help of their “secretary,” a Scottish-born It is often assumed that First Nations of British ethnologist and long-time ally, James Teit, who had Columbia quietly accepted the allotment of reserves put their words onto paper, and French priest Father during the 1870s and 1880s. This is not true. The 1910 LeJeune, who translated the verbal presentation Memorial emerged alongside a series of legal and and presented the written English document (“the political actions at this time, including joint petitions Memorial”). The Interior Chiefs asserted the to government; delegations to Ottawa and London, persistence of their Aboriginal Nations’ title and England; and the organization of the Allied Tribes. In sovereignty over their respective territories, vowing Sir Wilfrid Laurier response to these actions, the Canadian government that they would continue to struggle for a just and enacted Section 141 of the Indian Act in 1927, which reciprocal relationship with the government until it prohibited Indians from raising money and/or retaining was achieved. lawyers in pursuit of title and rights. Laurier’s brief visit came on the heels of Interior The Memorial is a historical document that Peoples’ escalating dispossession at the hands of demonstrates the involvement of the Interior Nations settlers and the provincial and federal policies that in pressing for title, rights, and sovereignty in the early sanctioned them. Laurier was braced by a report twentieth century. It is also a historical narrative in itself, on Indian Title he had previously commissioned Indian Reserve at Spences Bridge which tells the story of the previous hundred years of from lawyer Tom McGinness, which — produced relations with European newcomers from the Aboriginal without input from Aboriginal Peoples — point of view. The Memorial charts the first contact with acknowledged that B.C.’s Aboriginal Peoples had James Alexander Teit fur traders (seme7úw’i or “real whites”) and the ensuing been unfairly and illegally dispossessed from fur trade period, throughout which Aboriginal people the homelands they had occupied since time maintained control of their land and resources. It then immemorial. Laurier’s government and subsequent documents the arrival of miners, the laying out of large governments did not release the report, nor would reserves, and the continual curtailment of Aboriginal they accept its conclusions. Father LeJeune rights as more and more settlers poured into the land. It also reflects Interior Aboriginal Peoples’ continued and consistent traditional concepts around being the hosts in their lands, and the reciprocity that the host-guest relationship entails. It underscores the Aboriginal concepts of land ownership and tenure, Aboriginal political authority, and sovereign relations with the Crown and government. Chiefs Delegation to Ottawa, May 1916 Even despite such oppressive measures as Section 141 of the Indian Act and the implementation of the residential schools L to R top - Chief Elie Larue, Chief John Tetlenitsa, system, the Secwépemc and neighbouring First Nations — James A. Teit, Chief Adolph Thomas, Chief William Pascal indeed Aboriginal Nations throughout British Columbia and L to R bottom - Chief James Raitasket, Chief John Chilahitsa, Canada — did not forget the concepts and issues as outlined Chief Paul David, Chief Basil David (Dick) in the Memorial. Many of the Chiefs whose experiences and voices are reflected in the Memorial provide a link between the fur trade era and 1910. Thus, Chief Louis of Kamloops and several other Chiefs present at the 1910 Memorial reading were born in the 1830s or 1840s and had witnessed the time of the seme7úw’i and the arrival of the post-1850s newcomers through the colonial period. The political principles and values learned from the Chiefs long ago remain alive through their descendents and persist in the foundation of the present struggle. We, the Secwépemc and our neighbouring Aboriginal Nations continue to organize and pursue the recognition of title and rights from both a political and legal standpoint, creating new L to R - Chief Petit Louis, Chief Basil David (Dick), and opportunities to put the vision stated by Chiefs in the Laurier Chief John Chilahitsa Memorial into practice: “For the accomplishment of this end we and other Indian tribes of this country are now uniting ... in this fight for our rights.”
Delegation travels to Ottawa, 1924 Memorial TO SIR WILFRID LAURIER, PREMIER OF THE DOMINION OF CANADA necessaries of life were obtained in abundance from the lands of each tribe, and all the people had equal From the Chiefs of the Shuswap, Okanagan and Couteau Tribes of British Columbia. rights of access to everything they required. You will see the ranch of each tribe was the same as its life, Presented at Kamloops, 25th August, 1910 and without it the people could not have lived.
Just 52 years ago the other whites came to this country. They found us just the same as the first or † “real whites” had found us, only we had larger bands of horses, had some cattle, and in many places we cultivated the land. They found us happy, healthy, strong and numerous. Each tribe was still living in Dear Sir and Father, its own “house” or in other words on its own “ranch.” No one interfered with our rights or disputed our possession of our own “houses” and “ranches,” viz., our homes and lives. We were friendly and helped these We take this opportunity of your visiting Kamloops to speak a few words to you. We welcome you here, whites also, for had we not learned the first whites had done us no harm? Only when some of them killed and we are glad we have met you in our country. We want you to be interested in us, and to understand us we revenged on them. Then we thought there are some bad ones among them, but surely on the whole more fully the conditions under which we live. We expect much of you as the head of this great Canadian they must be good. Besides they are the queens people. And we had already heard great things about the Nation, and feel confident that you will see that we receive fair and honorable treatment. Our confidence queen from the “real whites.” We expected her subjects would do us no harm, but rather improve us by in you has increased since we have noted of late the attitude of your government towards the Indian rights giving us knowledge, and enabling us to do some of the wonderful things they could do. At first they looked movement of this country and we hope that with your help our wrongs may at last be righted. We speak to only for gold. We know the latter was our property, but as we did not use it much nor need it to live by we you the more freely because you are a member of the white race with whom we first became acquainted, did not object to their searching for it. They told us, “Your country is rich and you will be made wealthy by and which we call in our tongue “real whites.” our coming. We wish just to pass over your lands in quest of gold.” Soon they saw the country was good, and some of them made up their minds, to settle it. They commenced to take up pieces of land here and one hundred years next year they came amongst us here at Kamloops and erected a trading post. there. They told us they wanted only the use of these pieces of land for a few years, and then would hand After the other whites came to this country in 1858 we differentiated them from the first whites as their them back to us in an improved condition; meanwhile they would give us some of the products they raised manners were so much different, and we applied the term “real whites” to the latter (viz., the fur-traders for the loan of our land. Thus they commenced to enter our “houses,” or live on our “ranches.” With us when of the Northwest and Hudson Bay companies. As the great majority of the companies employees were a person enters our house he becomes our guest, and we must treat him hospitably as long as he shows no French speaking, the term latterly became applied by us as a designation for the whole French race.) The hostile intentions. At the same time we expect him to return to us equal treatment for what he receives. “real whites” we found were good people. We could depend on their word, and we trusted and respected Some of our Chiefs said, “These people wish to be partners with us in our country. We must, therefore, be them. They did not interfere with us nor attempt to break up our tribal organizations, laws, customs. They the same as brothers to them, and live as one family. We will share equally in everything half and half in did not try to force their conceptions of things on us to our harm. Nor did they stop us from catching fish, land, water and timber, etc. What is ours will be theirs, and what is theirs will be ours. We will help each hunting, etc. They never tried to steal or appropriate our country, nor take our food and life from us. They other to be great and good.” acknowledged our ownership of the country, and treated our chiefs as men. They were the first to find us in this country. We never asked them to come here, but nevertheless we treated them kindly and hospitably and The whites made a government in Victoria perhaps the queen made it. We have heard it stated both helped them all we could. They had made themselves (as it were) our guests. ways. Their chiefs dwelt there. At this time they did not deny the Indian tribes owned the whole country and everything in it. They told us we did. We Indians were hopeful. We trusted the whites and waited patiently We treated them as such, and then waited to see what they would do. for their chiefs to declare their intentions toward us and our lands. We knew what had been done in the as we found they did us no harm our friendship with them became lasting. Because of this we have a neighboring states, and we remembered what we had heard about the queen being so good to the Indians warm heart to the French at the present day. We expect good from Canada. and that her laws carried out by her chiefs were always just and better than the American laws. Presently chiefs (government officials, etc.) commenced to visit us, and had talks with some of our chiefs. They told When they first came among us there were only Indians here. They found the people of each tribe us to have no fear, the queens laws would prevail in this country, and everything would be well for the supreme in their own territory, and having tribal boundaries known and recognized by all. The country of Indians here. They said a very large reservation would be staked off for us (southern interior tribes) and each tribe was just the same as a very large farm or ranch (belonging to all the people of the tribe) from the tribal lands outside of this reservation the government would buy from us for white settlement. They which they gathered their food and clothing, etc., fish which they got in plenty for food, grass and vegetation let us think this would be done soon, and meanwhile until this reserve was set apart, and our lands settled on which their horses grazed and the game lived, and much of which furnished materials for manufactures, for, they assured us we would have perfect freedom of traveling and camping and the same liberties as from etc., stone which furnished pipes, utensils, and tools, etc., trees which furnished firewood, materials for time immemorial to hunt, fish, graze and gather our food supplies where we desired; also that all trails, houses and utensils, plants, roots, seeds, nuts and berries which grew abundantly and were gathered in land, water, timber, etc., would be as free of access to us as formerly. Our chiefs were agreeable to these their season just the same as the crops on a ranch, and used for food; minerals, shells, etc., which were used propositions, so we waited for these treaties to be made, and everything settled. We had never known white for ornament and for plants, etc., water which was free to all. Thus, fire, water, food, clothing and all the chiefs to break their word so we trusted. In the meanwhile white settlement progressed. Our chiefs held us in check. They said, “Do nothing against the whites. Something we did not understand retards them from landless. We only have loan of those reserves in life rent, or at the option of the B.C. government. Thus we keeping their promise. They will do the square thing by us in the end.” find ourselves without any real home in this our own country.
What have we received for our good faith, friendliness and patience? Gradually as the whites of this in a petition signed by fourteen of our chiefs and sent to your Indian department, July, 1908, we pointed country became more and more powerful, and we less and less powerful, they little by little changed out the disabilities under which we labor owing to the inadequacy of most of our reservations, some having their policy towards us, and commenced to put restrictions on us. Their government or chiefs have taken hardly any good land, others no irrigation water, etc., our limitations re pasture lands for stock owing to every advantage of our friendliness, weakness and ignorance to impose on us in every way. They treat fencing of so-called government lands by whites; the severe restrictions put on us lately by the government us as subjects without any agreement to that effect, and force their laws on us without our consent and re hunting and fishing; the depletion of salmon by over-fishing of the whites, and other matters affecting irrespective of whether they are good for us or not. They say they have authority over us. They have broken us. In many places we are debarred from camping, traveling, gathering roots and obtaining wood and water down our old laws and customs (no matter how good) by which we regulated ourselves. They laugh at our as heretofore. Our people are fined and imprisoned for breaking the game and fish laws and using the same chiefs and brush them aside. Minor affairs amongst ourselves, which do not affect them in the least, and game and fish which we were told would always be ours for food. Gradually we are becoming regarded which we can easily settle better than they can, they drag into their courts. They enforce their own laws as trespassers over a large portion of this our country. Our old people say, “How are we to live? If the one way for the rich white man, one way for the poor white, and yet another for the Indian. They have government takes our food from us they must give us other food in its place.” Conditions of living have been knocked down (the same as) the posts of all the Indian tribes. They say there are no lines, except what thrust on us which we did not expect, and which we consider in great measure unnecessary and injurious. they make. They have taken possession of all the Indian country and claim it as their own. Just the same We have no grudge against the white race as a whole nor against the settlers, but we want to have an equal as taking the “house” or “ranch” and, therefore, the life of every Indian tribe into their possession. They chance with them of making a living. We welcome them to this country. It is not in most cases their fault. have never consulted us in any of these matters, nor made any agreement, “nor” signed “any” papers with They have taken up and improved and paid for their lands in good faith. It is their government which is us. They have stolen our lands and everything on them and continue to use same for their own purposes. to blame by heaping up injustice on us. But it is also their duty to see their government does right by us, They treat us as less than children and allow us no say in anything. They say the Indians know nothing, and and gives us a square deal. We condemn the whole policy of the B.C. government towards the Indian tribes own nothing, yet their power and wealth has come from our belongings. The queens law which we believe of this country as utterly unjust, shameful and blundering in every way. We denounce same as being the guaranteed us our rights, the B.C. government has trampled underfoot. This is how our guests have treated main cause of the unsatisfactory condition of Indian affairs in this country and of animosity and friction us - the brothers we received hospitably in our house. with the whites. So long as what we consider justice is withheld from us, so long will dissatisfaction and unrest exist among us, and we will continue to struggle to better ourselves. For the accomplishment of after a time when they saw that our patience might get exhausted and that we might cause trouble if this end we and other Indian tribes of this country are now uniting and we ask the help of yourself and we thought all the land was to be occupied by whites they set aside many small reservations for us here government in this fight for our rights. We believe it is not the desire nor policy of your government that and there over the country. This was their proposal not ours, and we never accepted these reservations these conditions should exist. We demand that our land question be settled, and ask that treaties be made as settlement for anything, nor did we sign any papers or make any treaties about same. They thought we between the government and each of our tribes, in the same manner as accomplished with the Indian tribes would be satisfied with this, but we never have been satisfied and never will be until we get our rights. We of the other provinces of Canada, and in the neighboring parts of the United States. We desire that every thought the setting apart of these reservations was the commencement of some scheme they had evolved matter of importance to each tribe be a subject of treaty, so we may have a definite understanding with the for our benefit, and that they would now continue until they had more than fulfilled their promises but government on all questions of moment between us and them. In a declaration made last month, and signed although we have waited long we have been disappointed. We have always felt the injustice done us, but by twenty-four of our chiefs (a copy of which has been sent to your Indian department) we have stated our we did not know how to obtain redress. We knew it was useless to go to war. What could we do? Even position on these matters. Now we sincerely hope you will carefully consider everything we have herewith your government at Ottawa, into whose charge we have been handed by the B.C. government, gave us no brought before you and that you will recognize the disadvantages we labor under, and the darkness of the enlightenment. We had no powerful friends. The Indian agents and Indian office at Victoria appeared to outlook for us if these questions are not speedily settled. Hoping you have had a pleasant sojourn in this neglect us. Some offers of help in the way of agricultural implements, schools, medical attendance, aid country, and wishing you a good journey home, we remain to the aged, etc., from the Indian department were at first refused by many of our chiefs or were never petitioned for, because for a time we thought the Ottawa and Victoria governments were the same as one, and these things would be charged against us and rated as payment for our land, etc. Thus we got along Yours very sincerely, the best way we could and asked for nothing. For a time we did not feel the stealing of our lands, etc., very heavily. As the country was sparsely settled we still had considerable liberty in the way of hunting, fishing, The Chiefs of the Shuswap, Okanagan and Couteau or Thompson tribes grazing, etc., over by far the most of it. However, owing to increased settlement, etc., in late years this has Per their secretary, J.A. Teit become changed, and we are being more and more restricted to our reservations which in most places are unfit or inadequate to maintain us. Except we can get fair play we can see we will go to the wall, and most † of us be reduced to beggary or to continuous wage slavery. We have also learned lately that the British Columbia government claims absolute ownership of our reservations, which means that we are practically Re sw7ecs re semséme7 ell wellenwi7s-kucw ne tmicws ~ Historical Timeline 1877 The Joint Reserve Commission visits Interior Nations who are seriously considering uniting forces with Chief Joseph of the Nez Perce to go to war over the land issue. 1763 The Royal Proclamation embodies a policy statement by the Crown recognizing Indian land title and rights and prohibiting any alienation of Indian lands without surrender to the Crown. 1878 The Joint Reserve Commission is dissolved because B.C. no longer wishes to participate. A federal commissioner carries on alone, subject to the approval of the B.C. Chief Commissioner of Lands and Works and B.C. Supreme Court 1793 Alexander Mackenzie, North West Company (NWC) meets Aboriginal people along the Fraser River, including to adjudicate disputes. northern Secwépemc people. 1885 The Potlatch is made illegal by an amendment to the Indian Act; subsequently expanded to include all Indian 1812 The Pacific Fur Company and the NWC establish the first trading posts at Kamloops. The main period of the fur trade ceremonies. under the Hudson’s Bay Company spans 1821–1858. 1906 After a gathering in Kamloops, Chiefs leave for Ottawa and England to meet with King Edward regarding land claims. 1846 The Treaty of Oregon establishes the boundary between the United States and British Crown-held territories. Chiefs include Joe Capilano (Squamish), Basil David/Dick (Secwépemc) and Charley Isipaymilt (Cowichan). 1840s The Jesuits make contact with Aboriginal Peoples of the Interior. Two decades later the Oblates begin establishing 1909 Interior Tribes of B.C. is formed. missions. 1909-1911 Numerous Nations put forth petitions and declarations, including the Cowichan, Nisga’a, Tahltan, and Lillooet. 1857 Gold is discovered at Nicomen on the Thompson River by Native people, touching off the Fraser River Gold Rush. Gold prospectors compete for food resources, access to water and gold, and encroach on Aboriginal lands. 1910 Interior Chiefs sign a declaration on July 16th at Spence’s Bridge setting out their position on Aboriginal title and rights. On August 25th, a Memorial is presented to Prime Minister Wilfrid Laurier by the Interior Chiefs at the 1858 The Nlaka’pamux (Thompson), St’at’imc (Lillooet), Syilx (Okanagan) and Secwépemc (Shuswap) engage in a war in I.O.O.F. (Oddfellows) Hall in Kamloops. the Fraser Canyon with American gold miners’ militias — elected leaders and established militias experienced in Indian wars in the U.S.A — to a standstill, compelling the Americans to sign a peace treaty with the Aboriginal 1911 Laurier loses the Federal election; Conservative opponent Robert Borden wins and the Memorial is shelved. Nations. B.C. Governor James Douglas abdicates responsibility, leaving it up to the Aboriginal warriors to defend the mainland from American invasion. 1911 The Memorial to Frank Oliver, Minister of the Interior, is presented. An expanded group of Interior Chiefs implore the Minister, then in charge of Indian Affairs, in powerful words to address the question of title, rights, and jurisdiction, 1858 The colony of B.C. is formed on November 19th. which they view as fundamental to improving the living conditions of Aboriginal Peoples. 1861 Governor Douglas, who had risen from the ranks of the Hudson’s Bay Company, instructs the Chief Commissioner of 1913-1916 Partly in response to the Indian lobbying efforts, the McKenna-McBride Commission is established. However, Lands, Colonel R.C. Moody to establish Reserves throughout the colony, “… to be defined as they may be severally instead of dealing with the fundamental issue of Indian title and rights, it only deals with adjusting the size of the pointed out by the Indians themselves.” reserves. Their report, completed in 1916, results in 47,000 acres of good, arable reserve land to be taken away and replaced with 80,000 acres of inferior land. 1865 Chief Commissioner of Lands and Works, Joseph Trutch, reduces the previously allotted or proposed reserves under pretext that settlers are arguing the Indians are not “using” the lands. 1916 The Allied Tribes of B.C. is founded. In 1919, they file a petition to the federal and provincial governments with a comprehensive presentation of all Indian land claims in the province. 1867 The B.N.A. Act creates Dominion of Canada Section 91(24), giving the Federal Government responsibility for Indians and lands reserved for Indians. 1920-1926 The Allied Tribes oppose the McKenna-McBride report. The Province refuses to participate in any discussions. The Allied Tribes dissolve in 1926. 1871 B.C. enters Confederation. The Terms of Union are drawn up and mention of Indians is limited to Clause 13 which states that the Federal Government will continue to be responsible for Indians and will enact a policy “as liberal as 1927 An amendment to the Indian Act (s.141) is passed, prohibiting Indians from raising money for advancing land claims, hitherto” towards Indians. filing court cases on land claims or retaining a lawyer. 1876 The first federal Indian Act is passed. It consolidates all previous Indian legislation, defines Indian status and reserves, 1949 B.C. Indians are granted the right to vote in provincial elections. Frank Calder is elected to the provincial legislature. and gives the Superintendent General administrative powers over Indian affairs. 1951 The Indian Act is revised; S.141 and the anti-potlatch law are dropped. 1990 R. vs. Sparrow clarifies constitutionally protected Aboriginal fishing rights. 1960 Indians get the federal vote under Diefenbaker (Conservative). 1991 Report of the B.C. Claims Task Force recommends a new treaty process for B.C. By 1995 they develop the B.C. Treaty Commission Act. Subsequently, the Northern Secwépemc communities represented by the Northern Shuswap 1966-67 The Hawthorn Report, the first comprehensive study on Indian socio-economic conditions, identifies Indians as Tribal Council, as well as the Alkali Lake Band (Esk’etemc) join the B.C. Treaty process; however the bands “citizens plus,” thus forcing the federal government to act. represented by SNTC do not join the B.C. Treaty process because the bands feel the process is fundamentally flawed. 1968 The National Indian Brotherhood (NIB) is formed in response to federal government efforts to formulate and 1997 Delgamuuk’w vs. British Columbia upholds Aboriginal title, asserting that Aboriginal people must be consulted and implement a comprehensive Indian policy aimed at assimilation and extinguishment of title and rights. compensated for any infringement or extinguishment of title. 1969 The Trudeau administration makes the White Paper public. The policy aims at assimilating Indians into mainstream 2000 The Nisga’a Final Agreement Act becomes Canadian law. The Nisga’a surrender 92% of their territory and become society by eliminating “special status” and transferring responsibility to the provinces. Indians across Canada subject to provincial and federal laws in exchange for expanded reserved lands over which they hold common title, and vehemently reject it, issuing a Red Paper. $190 million cash. 1969 The Union of B.C. Indian Chiefs (UBCIC) is founded in Kamloops, with a mandate to advance Aboriginal title and 2000 Members of the Neskonlith band establish the Swelkwékw’elt Protection Centre at the Sun Peaks Ski Resort in rights. Secwépemc territory to stop resort expansion. They endure 54 arrests over four years; resort expansion continues. 1973 The Calder case (Nisga’a), in a split decision, affirms the existence of Aboriginal title and forces the federal government 2005 The First Nations Leadership Council agrees to the “New Relationship” with the B.C. Government. to reconsider its position, leading to the creation of a Comprehensive Claims process. 2007 The U.N. adopts the Declaration on the Rights of Indigenous Peoples. Canada is one of four nations to vote against its 1974 Office of Native Claims is established at the Department of Indian Affairs to settle outstanding land claims. adoption and remains one of the only countries which refuses to ratify. 1980 In UBCIC’s Constitution Express Aboriginal Peoples unite and travel to Ottawa to call for Constitutional recognition. 2008 Prime Minister Harper apologizes to former students of residential schools, and the Truth and Reconciliation 1981 The NIB is restructured to form the Assembly of First Nations (AFN) and every band in Canada is given a vote within Commission is formally established. its forum. 2009 The B.C. government and the First Nations Leadership Council propose the Aboriginal Title Recognition and 1982 The Canadian Constitution is patriated without Aboriginal Peoples’ input. Section 35 of the Constitution affirms the Reconciliation Act, contingent on recognition of B.C. Crown title. However, recognized as fundamentally flawed, it is “existing rights” of Aboriginal Peoples (Indians, Inuit, and Métis). Three subsequent First Ministers’ Conferences to subsequently formally rejected by the B.C. All Chiefs Assembly. further define Aboriginal rights fail. For a more detailed summary of events across B.C., check out the Union of B.C. Indian Chiefs historical timeline at 1982 The Shuswap Declaration: All seventeen communities in the Shuswap Nation agree to work together to work on the www.ubcic.bc.ca/Resources/timeline.htm preservation and promotion of the Secwépemc language, culture and history. 1984 The Guerin case (Musqueam) establishes that the federal government does have a “fiduciary responsibility” towards Aboriginal Peoples. 1987-92 The federal government and provinces draft the Meech Lake Accord to bring Quebec into the Constitution. It fails when Manitoba First Nation MLA Elijah Harper opposes the Accord in the Manitoba legislature, based on a complete lack of consultation with Aboriginal Peoples. The subsequently drafted Charlottetown Accord proposed a “third order of government” by Aboriginal Peoples but was defeated in a public referendum. 1987-1989 Shuswap Chiefs reaffirm the Laurier Memorial in various resolutions, declarations, and publications. Tribal Chairman Message
One hundred years ago today, our ancestors delivered a clear message to the government. That message outlined our struggles and also made recommendations to government as to how to close this matter with a sense of justice and fairness to all. The words of our ancestors were wise and have served to create a foundation of principles for the generations that have followed. For the last 100 years, First Nations people in British Columbia have continued to struggle and fight for our rights and title. We have never ceded, surrendered or sold our lands. We have remained steadfast in our beliefs and knowledge that one day we will “Stand each other up to be great and good” and justice will be served. We call upon the people of British Columbia and Canada and the governments that represent you, to do the right thing, to work with us to conclude this long struggle in our Chief Wayne Christian, history by taking action that will bring the words in the Memorial to life. Splats’in First Nation
Acknowledgements
The Shuswap Nation Tribal Council wishes to acknowledge the ancestral leadership for their determination and vision that created the Memorial document and the current leadership of all First Nations within British Columbia for continued efforts to bring the vision of the ancestors to life. We also wish to acknowledge the humble contributions to this brochure printing by Dr. Ron Ignace, Ken Favrholdt, Emma Feltes, Dr. Marianne Ignace, Walter Quinlan, Robert Louie, Reanna Leonard and Bonnie Leonard.
“We wish it be known that there will always be soreness in our hearts until we get our rights” (Memorial to Frank Oliver, 1911).