Our People, Our Community Dec 2-3, 2013 Who We Are Felix & Francis Swite, Manuel Louie, Dennis and Charlie Swite

3 Wilson family, 1930s Photo courtesy: Kelowna Museum Robert Louie Mary Anne Eli Norman Lindley Millie Jack Bill Derrickson

5 The Community Vision

Through self‐government Westbank First Nation (“WFN”) will recognize and honour its history, culture and connection to its lands and create a stable, accountable government to support social and economic development.

6 Westbank Lands (Reserves)

7 Chief and Council –the elected governing body (2013‐16)

8 Some Statistics • Number of reserves 5 • Approx. acreage of Westbank 5,340 Lands • Total Westbank membership 777 • Non‐member residents 10,000 • Businesses on‐reserve 400 • Council –elected every 3 years 5 four Councillors, one Chief • Advisory Council ‐ elected by 5 non‐members every 3 years • Budget $40+million • Number of Employees 200 +

9 The WFN Logo

• Created in 1992 through a band member contest initiated by council. • Final design came from combining two separate creative entries by members Mary Derickson and Sherry Hamilton. • Depicts na’ha‐a‐ikt (ogopogo), Okanagan Lake, sen’klip (coyote) and the bear claw. • Aptly captures the essence of our legends, culture and history. Working for Westbank First Nation • A major employer on the Westside. • Community health and well‐being a priority. • Wide diversity within the workplace. • Laws, policies, programs and planning tools in place. • Opportunity to gain knowledge and increased awareness about aboriginal people, and more specifically the syilx (Okanagans). • Teambuilding, motivation, professional development –WFN priorities that contribute to ae positiv workplace environment. Working for Westbank First Nation (con’t) • Is important to know Westbank’s history, the community vision for the future, and the government structure. • One of the most progressive First Nations in Canada. • Government leadership and staff work first and foremost for the Westbank members. • In the past, the lack of appropriate institutions of government, jurisdiction and infrastructure limited Westbank’s potential. Today this is not the case. • As “self‐governing” WFN is not governed like most other First Nations in Canada. • WFN has more authority/powers and a different status and relationship to other governments in Canada than 95% of First Nations.

12 13 Westbank –Part of the Okanagan Nation • Okanagans (syilx) were self‐governing with customs, traditions and laws in place well before colonization and imposition of the Indian Act in 1876. • Westbank First Nation is one of eight member bands that comprise the Okanagan Nation: Okanagan (Vernon), Penticton, Osoyoos, Upper and Lower Similkameen, Upper Nicola and the Colville Confederated Tribe from Washington State. • The syilx occupy an area of approximately 69,000 sq. km –from Mica Creek, north, Kootenay Lake, east, Wilbur, WA, south, Nicola Valley, west. Westbank –Part of the Okanagan Nation (cont’d) • Okanagan Nation Alliance (ONA) formed in 1981. • Mandate is to advance and assert title and rights issues as a collective over the Okanagan Nation territory. • Priorities are the protection, preservation, and enhancement of the land, resources, language and culture of the syilx peoples. • Governed by the Chiefs Executive Council (CEC) comprised of the nation chiefs. Okanagan Nation territory Syilx Culture

• capkʷl–a record of syilx oral knowledge passed down from generation‐to‐generation. • syilx ‐ from the root word “yil” that refers to taking a many stranded fibre and twisting it to make it one strong unit. • sqilxʷ‐the original people of this land. • Community/family learning was holistic and passed down through storytelling, song and dance. • Customs and laws were known, respected and followed. • Were a nomadic people. Traversed the territory via waterways –from the north end of Okanagan Lake to the Columbia River. • Utilized the land, resources, and the seasons for survival, ceremony and cultural traditions. • Survival activities were hunting, fishing, gathering, root digging, berry picking and trade with neighbouring nations. • Summer homes were portable and moved from place to place while winter homes were partially underground and were more permanent structures –winter homes were clustered and only occupied only during the winter months. A sweathouse –a place for prayer and cleansing the mind and spirit Syilx Culture – Four Food Chiefs

• Chief Black Bear (skəm̓ xist)– chief for all creatures on the land –represents self‐ sacrifice, leadership and giving. • Chief Spring Salmon (sklw ̓ is)– chief for all creatures in the water –represents perseverance and hard work. • Chief Bitterroot (sp̓iƛ̓əm)– chief for all things underground –represents the complex relationship to the land. • Chief Saskatoon Berry (sıya̓ ʔ)– chief for all things growing on the land –represents growth, strength and community. syilx phrases way’ Hello or goodbye Xast ɬkʷkʷʕast Good morning Xast sxlx̌ ʕ̌ alt Good day Xast sklax ʷ Good evening ha t’iʔ kʷ_xast?̌ How are you? t’iʔ kən_xasť I’m fine swit askʷist? What is your name? iskʷist… My name is… lıml̓ əmt Thank you Stqaʔtkʷɬniw’t Westbank

A LOOK BACK…

Photo courtesy: Kelowna Museum In the Beginning…

• Aboriginal people were organized into complex societies and occupied the land now known as Canada before the Europeans arrived. • Newcomers began settling in the Okanagan Valley after 1811 and not in any significant numbers until the 1860s. • Before European people came to the Americas it is estimated that there were between 90 to 112 million Aboriginal people in North and South America. Pictographs Imposition of the Indian Act, 1876 • Paternalistic federal legislation that regulated most aspects of Aboriginal people’s lives. Had no input from aboriginal people. • Established “Indians’” as wards of the state. • Defined who was “Indian” and what legal rights they had. • Restricted aboriginal people’s movements . • Set out a new form of government over aboriginal people with band councils having limited administrative authority. • Exerted federal, political and financial authority over Indians and reserves with the intention to eventually assimilate Indians (i.e. no need for reserves or Indian Act after enfranchisement”). Government Actions Under the Indian Act • On the coast the Potlatch was outlawed. Elsewhere other cultural practices were dissuaded. • Compulsory enfranchisement (i.e. “educated” Indians, voting privileges, war veterans). • Many inequities for aboriginal people compared to other Canadians. • Aboriginal women doubly discriminated against. • Indian agents ran the reserves and land was granted to individuals as certificates of possession (CPs). At Westbank, over time, 80% of land gets allocated to individuals. • Aboriginal children taken to residential schools. 26 Residential Schools • 1840s –first residential schools established –last one closed in 1996. At Westbank, some went to Kamloops, others to Cranbrook and Washington State. • Government developed an aggressive assimilation policy . The thinking was that aboriginal culture and spiritual beliefs were inferior and aboriginal children had to fit into mainstream Canadian society. • Schools were church run and funded by the government. • Children were removed from their communities and forced to attend . • Severed ties to language, culture, and families. • Widespread physical, emotional and sexual abuse. • Unhealthy living conditions –resulted in horrifying death rates. • Loss of culture, language, and family connection –in turn led to shame, low self‐worth, drug, alcohol and domestic abuse and high suicide rates. Loading up the kids

Kamloops Indian Residential School Early Treaty Making

• The Royal Proclamation of 1763 states that the nations or tribes of Indians would not be harmed or disturbed and that, before settlement could occur, the lands would be acquired through treaty. • Today, except for BC, most of Canada is covered by treaties (pre‐confederation, numbered and modern). • Under Canada’s Constitution, the federal government has exclusive jurisdiction and responsibility for “Indians and lands reserved for Indians” –(s. 91(24)). BC –A Different Story… • Between 1850 and 1854, 14 land purchases totalling 358 sq miles were made from aboriginals on Vancouver Island. • Became known as the Douglas Treaties and was one of two historical treaties signed in BC (the other being Treaty 8). • After 1854 ‐ no more historical treaties were made – dispute over who would pay the cost of settlements. • 1871 –BC joins Canada. Federal government assumes responsibility for Indians. • 1876 ‐ Reserves unilaterally set out for each tribe by reserve commissions (no negotiations). • Were to be located where First Nations lived, camped, fished, etc. For the most part, limited in size. • Originally, and for a short time, First Nation people could vote, pre‐empt land and farm/ranch on the same terms as settlers. These rights were legislated away. BC –A Different Story… (con’t)

• Aboriginal title and rights were not adequately addressed. • Next 100 years would see little progress on the “land question”. • 1912 –Royal Commission established by the federal and provincial government to resolve the “Indian Land Question” in BC. • Became known as the McKenna‐McBride Royal Commission. • Commission had power to adjust the acreage of Indian reserves in BC. • Federal/Provincial agreement clearly states that any reductions made to reserve lands could only be made with the consent of the Indians concerned. BC –A Different Story… (con’t) • Hearings took place, but the Commission proceeded with “adjustments” in spite of the testimony and objections from Indian representatives. • Commissioners based their decisions on the number of families residing in the area and improvements made to the land (i.e. farming, ranching, etc.). • The land removed was subdivided by the province and sold at public auctions. • The Commission determined what lands were necessary for railroads, right of ways, or public purposes and this was generally supported by the government. • 1913 –Okanagan reserves were reduced in size. Acts of Betrayal…

• Right to obtain Crown land taken away. • Reserves reduced in size. • Land ownership ignored. • Political rights removed. • No compensation paid. Options for First Nations

• Negotiate recognition of land, resource, governance and jurisdiction issues. • Go to court and have aboriginal title and rights decided on a case‐by‐case, right‐by‐right basis. • Exercise title and rights over traditional territory without recognition by Crown. • Westbank has, and will continue, to make use of all its options: – specific claims for “cut‐off lands” – land management litigation (sect. 53/60 revocation) – self‐government negotiations – treaty negotiations – Hidden Creek logging direct action and litigation – Derickson Trapline litigation – Okanagan Nation Alliance MOU with B.C. Legal Basis for Aboriginal Title and Rights in BC • Case Law – Calder (1973): recognizes aboriginal title – Sparrow (1990): recognizes right to fish – Delgamuukw (1997): confirms aboriginal title exists – Haida and Taku (2004): requirement for consultation and accommodation – Tsilhqot’in (2011 ‐ BCCA): scope and extent of aboriginal rights and title

• Section 35 of the Constitution Act, 1982 – Aboriginal rights and treaty rights, both existing and those that may be acquired, are recognized and affirmed.

• United Nations Declaration on the Rights of Indigenous Peoples Self‐Government – Westbank’s Journey Westbank Under the Indian Act • Before self‐government Westbank was governed under the Indian Act which was not an appropriate framework for modern First Nation governance. • Jurisdiction under the Indian Act was delegated and limited. • The lack of economic opportunities, governance structure and financial and political accountability to the Westbank members fostered to conflicts, dissention and mistrust. • Westbank could not achieve its full potential nor realize its vision. 37 38 The Path to Self‐Government

• 1963 –Westbank separates from Okanagan Indian Band (Vernon). • 1970s –WFN begins to explore options for self‐government along with other progressive First Nations in BC (lands management and section 81 of the Indian Act bylaws). • 1982 –Section 35 of the Canadian Constitution Act recognizes and affirms Aboriginal and treaty rights. • 1988 –the “Hall Inquiry” identifies problems with the way Westbank is governed and recommends changes, including self‐government. • 1989 –WFN begins negotiating self‐government with Canada. • 1989‐1991 ‐ Community meetings take place to explore options for self‐government. • 1990 –WFN signs framework agreement with Canada.

39 The Path to Self‐Government (con’t) • 1991 ‐ Community Working Group established and begins development of a WFN Constitution. • 1991 ‐ WFN begins collecting property taxes (under amended section 83 of the Indian Act). • 1998 – Agreement‐In‐Principle signed. • 1998‐ Agreement reached with Canada to begin collecting tobacco tax. • 1999 – Agreement reached to begin collecting fuel and alcohol. tax • 2000 – Final Self‐Government Agreement initialed by WFN and Canada. The Path to Self‐Government (con’t) • As self‐government process continues, rumours become rampant and the community is divided. • Some First Nations accuse Westbank of “selling out”. • The WFN leadership is supportive of self‐government and lobbies all levels of government.

41 The Path to Self‐Government (con’t) • 2001 –First referendum takes place but fails even though 60% of members vote in favour – absolute majority required. • 2002 –Second referendum takes place –majority of voters in favour but again, absolute majority threshold not met. • 2003 ‐ Non‐member residents launch lawsuit to try and stop third self‐government ratification vote from going forward. • 2003 (May) –Third referendum – Federal government lowers the threshold for ratification to a double majority (consistent with other voting thresholds). WFN members approve the WFN Self‐Government Agreement, the WFN Constitution and the WFN Land Code. • 2003 (July) –WFN Land Code comes into effect pursuant to the Framework Agreement on First Nation Land Management (of which 14 First Nations are signatory). This Agreement was legislated by the First Nations Land Management Act in 1999. The Path to Self‐Government (con’t)

• May 6, 2004 – Bill C‐11, the Westbank First Nation Self‐Government Act, receives Royal Assent in Parliament. • Is the mechanism for Canada to implement the Self‐Government Agreement. • April 1, 2005 ‐ The WFN Self‐Government Agreement with Canada comes into force under the WFN Self‐government Act. • WFN Self‐ Government Agreement implements self‐government based on recognition that the inherent right of self‐ government is an existing aboriginal right within section 35 Constitution Act 1982. 44 WFN Self‐Government Agreement • Reflects a government‐to‐government relationship between WFN and Canada. • Is bilateral with Canada. • Sets out the relationship between Westbank, federal and provincial laws. In some cases of conflict, Westbank Law is paramount, in other situations federal law prevails. • SGA applies to existing Westbank Lands or future lands. • Westbank Lands remain federal reserve lands under s.91(24) of the Constitution Act. • Third party interests in Westbank Lands are protected. Existing Certificates of Possession (CPs), leases and other interests in WFN Lands

continue under their terms and conditions. 45 WFN Self‐Government Agreement (con’t)

• Aboriginal rights of WFN and Okanagan Nation are protected. • Fiduciary relationship between Canada and WFN continues. • Members continue to be entitled to rights and benefits as aboriginal peoples and Canadians. • WFN can “draw down” jurisdiction at its own pace. • Identifies additional jurisdiction areas for further negotiation. • Includes principles for financial transfer agreement. • Charter of Rights and Freedoms continues to apply. • Non‐members living on Westbank Lands or having an interest in Westbank Lands are provided with mechanisms to have input into Westbank Laws that directly and significantly affect them. • Canada’s liability for past wrongs continues with mutual indemnification clauses.

46 Self‐Government Authority

Self‐Government Agreement (with Canada)

Financial Implementation Transfer Plan Agreement

Westbank First Nation Canada

Constitution WFN Self‐ Government Act Westbank Laws Westbank Land Policies Registry Regulations 47 WFN Jurisdiction

1. Westbank First Nation 12.Enforcement of Westbank Membership* Laws 2. Wills and Estates* 13.Licensing, Regulation and 3. Financial Management Operation of Businesses 4. Westbank Lands and 14.Traffic and Transportation Land Management 15.Public Works, Community 5. Landlord and Tenant Infrastructure and Local 6. Resource Management Services 7. Agriculture 16.Public Order, Peace and Safety 8. Westbank Environment 17.Prohibition of Intoxicants 9. Culture and Language* 10. Westbank Education* 11. Westbank Health Services* *only apply to WFN members

48 Developing the Constitution: A Community Process

• Community Working Group (CWG) established (10‐15 members). Most families were represented. • No members of Council on the CWG. • CWG was not paid for their time. • The group met regularly to develop the Constitution. As the time to vote drew nearer the meetings became more frequent and longer. Developing the Constitution: A Community Process (con’t) • Each Chapter was dealt with individually. • Policy questions were developed for each Chapter. • Specific concerns from WFN experience were considered. • The CWG discussed, debated and ultimately answered the policy questions. • Legal counsel was at the table and provided legal advice (not policy) and received instructions directly. Language was drafted and brought back to the CWG and the Chapter language refined. As new policy questions came up they were answered. • No one model was used as a template although precedent language was used from time‐to‐time. WFN Constitution • Ratified by members at the same time as SGA and came into force on the same day. • Sets out: – fundamental principles to guide the interpretation of the Constitution; – provisions for WFN membership; – duties and responsibilities of council; – officers and employees; – elections; – council procedures and meetings; – law enactment procedures; – conflict of interest; – financial management and accountability; – land rules; – referendum procedures; and – amendment procedures. • Has undergone one amendment in July 2007. WFN Law Development

• On March 31st 2005 twenty (20) WFN Laws were enacted modernizing and improving former Indian Act by‐laws. • Since then, WFN has exercised its recognized jurisdiction following the WFN Constitution process and now has thirty‐six laws in place. • Advisory Council Law –1st new law to be enacted post self‐government. It formalizes an elected body of non‐member residents (Advisory Council) and gives non‐member residents a mechanism for input into proposed laws that significantly affect their interests. Advisory Council AGM

53 Financial Transfer Agreement (FTA) • SGA states “the fiscal relationship between Canada and WFN shall be based on a government‐to‐government fiscal transfer” (section 223). • Today only about 20% of the WFN budget comes from Canada with the remainder coming from WFN’s own source revenue. • While negotiations continue for a new FTA, several one year extensions have been entered into with the expiry of the first 5‐year agreement in 2010. • A primary issue of contention for WFN is Canada’s interpretation of how own source revenue will be taken into account. Today… Community Planning

• Since self‐government Members created and ratified a Comprehensive Community Plan (CCP) that guides growth, development, resource management and community planning for reserve lands and traditional territory of WFN. • Process ensures WFN Members have an ongoing opportunity to provide input into processes that impact them. • Planning process is holistic and community driven. • CCP links all other WFN planning tools which include: ‐ Westbank First Nation Self‐Government Agreement; ‐ Westbank First Nation Self‐Government Implementation Plan; ‐ Westbank First Nation Constitution; ‐ Westbank First Nation Land Use Plan; and ‐ Westbank First Nation Government Strategic Plan

56 WFN Objectives/Priorities

Education Culture Employment Reserve Lands Housing Capital planning Youth

• Council committee structure aligned with the Four Food Chiefs model. • Is required that regular meetings and reporting take place. • Committees work toward meeting the objectives set out in the WFN Strategic Plan (long term vs. day‐to‐day) • Two councillors appointed to each committee (chair and co‐ chair) • Chief Saskatoon Berry – community • Chief Bitterroot –land • Chief Black Bear – governance • Chief Spring Salmon ‐ economy COMMUNITY PLAN DEPARTMENTS Chief and Council Administration Chief Black Bear Legal Secretariat Governance Law Enforcement Inter Governmental Capital Projects Financial Services Chief Spring Salmon Economic Development Economy Employment Property Taxation Planning & Development Title and Rights Chief Bitterroot Lands Management Land Lands Registry Public Works Housing Education Community and Social Services Chief Saskatoon Berry Health Services Community Culture & Language Elders First Nations Tax WFN REVENUES BY SOURCE, 2014, PERCENTAGES

TAXES GOVERNMENT (PROPERTY, TRANSFERS: FNT): 38% 22%

FEES, CHARGES, INVESTMENT: OSR, 40% $1,400,000 WFN Property Assessments By Class ($000'S) 2000 - 2013 $1,200,000 Recreational

$1,000,000 Commercial

$800,000 Light Industry

Utilities $600,000

Residential $400,000

$200,000

$0 Impacts of Self‐Government

• Increased accountability and transparency of WFN government. • Political and financial stability. • Security of land tenure (individual and collective). • Increased property values. • Increased opportunities for members (employment, business, education, etc.). • Improved standard of living and social web of community. • Increased capital investment on WFN Lands (infrastructure and associated land development). • Increased cultural awareness and cultural programming. • Community pride in being self‐determining and not governed by Canada. • Significant contribution to local economy –fiscal & economic. • Fiscal benefit to federal and provincial governments through the generation of sales tax, personal income tax and corporate tax revenues on Westbank Lands (annual tax revenues approx. $80 million).

Tsinstikeptum IR 9 Tsinstikeptum IR 10 WFN Health and Wellness Centre – supporting the community

65 WFN Elders’ Hall –A place of their own

66 Our Elders Sensisyusten House of Learning ‐ education as priority.

68 The Annual Siya Celebration

69 Opening of Campbell Road Improvements WFN Heritage Repository

71 A “modern” pit house

72 House of Commons Standing Committee on Aboriginal Affairs Visits Westbank

73 Grand Opening – Okanagan Lake Shopping Centre

74 Grand Opening: Peace Hills Trust new office

75 FAQ: Do Status Indians Pay Tax? • Yes. They are required to pay the same taxes as other Canadians except where the limited exemptions apply under Sect. 87 of the Indian Act. • Sect. 87 says that “personal property of an Indian or a band situated on a reserve” is tax exempt. • Has existed since before Confederation and is intended to preserve the entitlements of Indian people to their reserve lands, and to ensure that the use of their property on their reserve lands is not eroded by taxes. • Employment income earned by a Status Indian working on a reserve is considered personal property and is tax exempt. • Sales tax and GST/HST generally do not apply to purchases made by a status Indian if the purchase is made on reserve or delivered to the reserve. • Some First Nation governments are entering into alternate fiscal arrangements and are collecting property and sales tax and/or have agreed to give up their tax exemption under the Indian Act. End of Presentation way’ lıml̓ əmt (thank you)

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