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Stolen Lands, Broken Promises Researching the Indian Land Question in British Columbia (Second Edition)

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Stolen Lands, Broken Promises Researching the Indian Land Question in British Columbia (Second Edition) 1 Stolen Lands, Broken Promises Researching the Indian Land Question in British Columbia (Second Edition) A publication of the Union of BC Indian Chiefs 2 Copyright © 2005 by the Union of British Columbia Indian Chiefs Rights reserved. This book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system, without written permission from the publisher. The book can be downloaded from the Union of BC Indian Chiefs website at http://www.ubcic.bc.ca. No part of the book may be modified, re- packaged, or resold without the written permission of the Union of BC Indian Chiefs. Published by the Union of British Columbia Indian Chiefs 500- 342 Water Street Vancouver, BC V6B 1B6 http://www.ubcic.bc.ca Canadian Cataloguing in Publication Data Stolen Lands, Broken Promises: Researching the Indian Land Question in British Columbia (Second Edition) Includes bibliographical references and index. ISBN 0-9684577-1-1 1. Indians of North America – British Columbia – Land tenure – History – Archival resources. 2. Archival Resources – British Columbia. I. Union of British Columbia Indian Chiefs. While every effort has been made to ensure the reliability of the information presented in this publica- tion, the UBCIC does not guarantee the accuracy of the data contained herein. Errors brought to the attention of the publisher and verified to the satisfaction of the publisher will be corrected in future editions. Printed in Vancouver, British Columbia The UBCIC acknowledges and thanks the Law Foundation of Canada, which has provided financial assistance to this project to support legal education and research. Stolen Lands, Broken Promises 3 Table of Contents Foreword 5 Preface 7 Acronyms 11 Research Foundations Chapter 1 Dispossession and Resistance in British Columbia 13 Chapter 2 Research Methods 39 Chapter 3 Resource Institutions 51 Chapter 4 Documents 81 Chapter 5 Basic Reserve Research 105 Approaches to Research Chapter 6 Oral History 109 Chapter 7 Genealogy Resources 121 Chapter 8 Anthropology Resources 133 Chapter 9 Archaeology Resources 139 Chapter 10 Maps and Surveys 147 Chapter 11 Legal Resources 161 Table of Contents 4 Topics in Land Rights Research Chapter 12 Village Sites and Burial Grounds 169 Chapter 13 Fisheries and Fishing Rights 175 Chapter 14 Hunting and Trapping 181 Chapter 15 Pre-Confederation Reserves 185 Chapter 16 Reserves Held in Common, Commonages and Grazing Reserves 191 Chapter 17 Surrenders 195 Chapter 18 Mineral and Timber Extraction 199 Chapter 19 Water, Riparian, and Foreshore Rights 207 Chapter 20 Accretions and Erosions 213 Chapter 21 Rights-of-Way 217 Chapter 22 Treaty Land Entitlement 225 Appendices Appendix 1 Citation Examples 229 Appendix 2 Disclosure of Personal Information 8(2)(k) Form 233 Appendix 3 Freedom of Information Request Form 235 Appendix 4 Online Resources 237 Glossary 249 Index 255 Stolen Lands, Broken Promises 5 Foreword By Chief Stewart Phillip As Indigenous Peoples, we have witnessed how the official history of British Colum- bia has attempted to legitimize the theft of our traditional lands and the efforts to destroy our ways of life. However, since contact, we have continually resisted encroachment in our territories and the infringement of our political and territorial rights. Confronted with policy after policy designed to achieve our assimilation into the “fabric of Canadian society” we have fought back, upholding our relationship to our lands and speaking out against our dispossession. The phrase “Indian land question” embodies this struggle, as it was used by BC government officials and reserve commissioners confronted by the “problem” of our continued demands to have our title and rights to our lands and resources recognized and respected. The Union of BC Indian Chiefs is pleased to present Stolen Lands, Broken Promises: Researching the Indian Land Question in British Columbia. In March 1973, the Union of BC Indian Chiefs held its first community research workshop to address the fundamental re- search issues of concern to Indigenous people in British Columbia. The success of that first workshop and the demand for others like it led to the establishment of a central research and resource facility to develop Indigenous peoples’ research skills and meet their research needs. Since that time, the UBCIC Research Department and Resource Centre have ben- efited from informed and specialized staff, community members willing to share their knowledge and experiences and discussions with professionals in a variety of fields. Stolen Lands, Broken Promises reflects over 30 years of expertise and an unwavering commitment to empowering our people through information sharing and research skills development. The struggle for a just resolution to the “Indian land question” and for self-determi- nation defines the work of the Union of BC Indian Chiefs. We believe that undertaking historical research ourselves can be of great benefit in understanding the current situations of so many of our communities. It is our hope that Stolen Lands, Broken Promises will provide communities with the tools they need to begin and carry out their own research projects. Each of these projects contributes to the protection of our political and territorial rights and to strengthening our social, cultural and economic traditions for future generations. Chief Stewart Phillip President, Union of BC Indian Chiefs Foreword 6 Stolen Lands, Broken Promises 7 Preface Stolen Lands, Broken Promises Stolen Lands, Broken Promises: Researching the Indian Land Question in British Columbia is the second edition of the research manual first published by the Union of BC Indian Chiefs Research Department in 1998, under the direction of Leigh Ogston. Like the original publication, the revised manual is intended as a practical, hands-on resource for Indigenous community members wanting to conduct research on a variety of issues affecting traditional territory and reserve lands in British Columbia. The manual is specifically designed to guide community members with little or no experience of formal research practices through the process of planning and successfully completing lands related research projects that have a strong historical component. Most of these projects will rely heavily on historical documents: typically, written and graphic records produced by federal and provincial government bodies and stored at government and corporate archives, libraries and offices. For readers already equipped with a measure of practical research experience but undertaking a lands related project for the first time, Stolen Lands, Broken Promises will provide an introduction to some of the principal events that have impacted Indigenous lands in BC and the major research topics that have emerged as a result of them. It is our hope that Stolen Lands, Broken Promises will also be useful to more experienced researchers wishing to brush up on skills or searching for current resource information. The second edition is an attempt to address the stated needs of community members by building upon the comprehensive groundwork laid by the former UBCIC Research Department staff. Part of that groundwork consists of providing introductions to research approaches and technical procedures; more fundamentally, it advances the belief that conducting our own historical research about our own lands is an important tool in fighting for recognition of our political and territorial rights and protecting Indigenous ways of life. Each of our communities continues to experience the impacts of our dispossession of our traditional lands and the devaluing of Indigenous traditions. The more we understand about the historical structures and procedures which have resulted in our current circumstances, the more empowered we become to demand and bring about change. Whether a project’s objective is to record a family history, to document changes to reserve lands or to gather evidence for an impending land title claim, our communities grow stronger as a result of our collective efforts to build a base of shared knowledge and expertise. The current UBCIC Research Department staff formed an editorial board in the summer of 2004 to incorporate the generous amount of feedback we received from Indigenous community researchers into a revised publication. We have also accounted for the significant changes made to the organization of provincial government ministries and Crown corporations since 2001, and the ways that the proliferation of new technologies Preface 8 have transformed information production and gathering in the years since the first manual’s release. Throughout the drafting process we have benefited from the insights and recommendations of professional and community reviewers who volunteered their time and expertise to this project. We are especially grateful to the High Bar First Nation for granting us permission to reproduce a number of documents related to their reserve lands. We have used these documents as examples of archival records in sections of the manual. We extend particular thanks to Chief Lenora Fletcher and Band Administrator Terry Wardrop for their ongoing support of our work. Structure of the Manual Stolen Lands, Broken Promises generally follows the structure of the original manual. It is divided into three sections: Research Foundations, Approaches to Research and Topics in Land Rights Research. In Research Foundations, we have tried to provide a thorough
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