Mt.Woodside) Spiritual Areas and Forest Management a Policy Pilot Project by the Chehalis Indian Band and the Chilliwack Forest District

Kweh-Kwuch-Hum (Mt.Woodside) Spiritual Areas and Forest Management A Policy Pilot Project by The Chehalis Indian Band and the Chilliwack Forest District

January 2007– June 2008

1 TABLE OF CONTENTS

STEERING COMMITTEE MEMBERS…………………………………….. 1

TABLE OF CONTENTS……………………………………………………. 2

ACKNOWLEDGEMENTS………………………………………………….. 4

1. EXECUTIVE SUMMARY………………………………………………… 5

• Map of Chehalis Territory……………………………….……………. 7 • Map of Kweh-Kwuch-Hum: Chehalis Indian Band, Spiritually Designated Area, July 2006……………………..…………. 8 • Map of Mt. Woodside: Government Actions Regulation Draft Order… 9

2. BACKGROUND……………………………………………………….…… 10

2.1 Introduction………………………………………………………… 10

2.2 Policy Pilot Project – A Process……………………………………. 12

2.3 Relevant Legislation, Policies, & Protocol Agreements……………. 22

2.4 History of Relationship – Chehalis Indian Band & CCFD…………. 27

3. SPIRITUAL & CULTURAL PERSPECTIVES……………………………... 30

3.1 Overview…………………………………………………………….. 30

3.2 Chehalis Spiritual Values Associated with Kweh-Kwuch-Hum…… 33 3.2.1 Location…………………………………………………... 33 3.2.2 Burial/Mortuary Practices………………………………… 33 3.2.3 Ancestor Spirits…………………………………………… 35 3.2.4 Spiritual Activity Area & Repository……………………... 35 3.2.5 Spirit Beings……………………………………………….. 37 3.2.6 Transformer Site…………………………………………… 37 3.2.7 Places of Spiritual Power / Questing Area………………… 39 3.2.8 Places of Spiritual Avoidance……………………………… 40 3.2.9 Ceremonial Area………………………………………….... 40 3.2.10 Special Geographical Features……………………………. 40 3.2.11 Special Resource Area……………………………………. 41 3.2.12 Former Longhouse Location………………………………. 42 3.2.13 Trail and Trapline………………………………………….. 42 3.2.14 Old Village & Archaeological Site………………………… 43

2 4. SOCIAL BENEFITS…………………………………………………………… 49

5. GAR ORDER…………………………………………………………………… 57

5.1 Are Government Actions Needed …………………………………….. 57 5.2 What are the Four GAR Tests………………………………………… 58 5.3 Consultations and Review…………………………………………….. 61 5.4 Notice of an Order…………………………………………………….. 62 5.5 Varying or Canceling a GAR Order…………………………………… 62 5.6 Kweh-Kwuch-Hum (Mr Woodside) GAR Order Rationale…………… 62

6. RECOMMENDATIONS……………………………………………………… 72

ACKNOWLEDGEMENTS

The Steering Committee would like to thank the following individuals and organizations for their contributions of knowledge, information and insight that made this report possible: Chief Alex Paul (CIB), Chehalis Longhouse Leaders, Chehalis Elders, Chehalis Cultural Committee, Robert Lagassé (CIB), David Allen(CIB), GETDOL Culture Troupe & Korean Community, Sasquatch Tours, Chehalis Indian Band Council Members, Chehalis Indian Band Youth, Simon Fraser Archaeology Department, Jerry Kennah (BC Timber Sales), Fraser TSA Cooperative Association, Ralph Schroedor (CFD), John Coles (CFD), Bob Fresien (MFR), Darrell Robb (MFR), Kerry Grozier (CFD), and Jim Morrison (Facilitator).

4 1. EXECUTIVE SUMMARY

This report presents the results of discussions, consultations, negotiations and collaboration between the Ministry of Forests and Range (MFR), Chilliwack Forest District (CFD), and the Chehalis Indian Band on a ‘Policy Pilot Project’ between January 2007 and March 2008, regarding aboriginal spiritual areas and forest management, concerning the Chehalis Indian Band’s July 2006 declaration of Kweh-Kwuch-Hum (Mt. Woodside) as a ‘Spiritually Sensitive Designated Area’, which was proclaimed by the Band in July 2006. The purpose of the policy pilot project is to develop a process and parameters that support the establishment of areas of traditional, cultural, spiritual practices and forest management. It is essential that the Chehalis Indian Band and Chilliwack Forest District further strengthen a working relationship based on mutual respect and understanding. Through this project, the Chilliwack Forest District may utilize these learnings for building similar relationships with other First Nations.

This report provides a background history to the Chehalis Band’s declaration, in context of local and regional forest management, as well as documenting the scope and nature of consultations and negotiations between the Chehalis Indian Band and the MFR. In the course of this work, an archaeological survey of the Kweh-Kwuch-Hum area was conducted by Simon Fraser University, a summary of which is included in this report. In addition, several interviews on spirituals uses of Kweh-Kwuch-Hum were conducted. Included is a spiritual and cultural overview of Chehalis cultural and spiritual practices, especially as these pertain to Kweh-Kwuch-Hum.

One end-product, a result of more than a year’s collaborative effort, was the development of a Government Actions Regulation Order to “Identify a Cultural Heritage Resource Feature on Mt. Woodside (Kweh-Kwuch-Hum) for the Chilliwack Forest District”. A steering committee evaluation indicates that the working relationship based on mutual respect and understanding was further strengthened.

Readers/reviewers are asked to keep in mind that the subject matter of this report is a very sensitive and complex issue, which has implications that extend well beyond the

5 Chilliwack Forest District and Chehalis Indian Band, and could well affect ‘Social Policy’ in British Columbia on a much larger scale.

Map of Kweh-Kwuch-Hum: Chehalis Indian Band, Spiritually Designated Area, July 2006

9 ______2. BACKGROUND

2.1 Introduction

In July 2006, the Chehalis Indian Band proclaimed a 5 kilometre square area of Mount Woodside, Kweh-Kwuch-Hum, a ‘Spiritually Sensitive Designated Area’. This was a decision that was made after long and careful deliberation. To paraphrase then Chief Alexander Paul: ‘I’m hesitant to put lines on a map delineating a spiritual area. Once we do, everyone will know about it, and then people will come here to find out what all the fuss is about, take photographs, take things that should not be touched. And if we put a line around that area, what about all of our other spiritual sites? We’ve got more than one.’ But in the end, a line was drawn on a map, and that map was forwarded to the Ministry of Forests and Range (MFR) in early August 2006.

The decision to delineate this area was the culmination of several years of conflict, between the Chehalis Indian Band and the BC Timber Sales (Chinook), concerning logging operations on Mount Woodside, notably the mountain that faces opposite Chehalis Indian Reserve No. 5, pertaining to Chehalis spiritual uses of the mountainside. This conflict arose when the BCTS was awarded Mt. Woodside as a tenure property for logging operations. Initial concerns arose following logging of the summit area, directly opposite the Chehalis Reserve and within direct view of the community. Band members at Chehalis began referring to scarring on the mountainside as ‘the Mohawk’, and numerous representations were made to the Chief of Chehalis about the logging of this area and the potential impact of future logging operations upon this well-known Chehalis spiritual area.

At the heart of the problem is the methodology followed by forest industry representatives, including BCTS, and outlined by the Ministry of Forest and Range, regarding determining ‘aboriginal interests’. Currently, this process works as follows:

10 (1) Once an area to be logged has been defined (e.g. ‘cut-block’), notice is sent to the Band. (2) The Band is asked if they have any ‘specific concerns’ related to the logging of the area in question and are asked to respond. (3) An archaeological impact assessment (AIA) is conducted, relevant cultural heritage resources and features are identified, and recommendations made. (4) Based on these findings, appropriate adjustments are made by industry representatives, and the area is logged.

For Chehalis, there are several problems with this approach, with respect to Mount Woodside: (1) First, the most sacred of Chehalis spiritual practices and beliefs are those associated with the Winter Dance Ceremonial. These practices are secret, and no one, including the Band’s Heritage Resources Advisor, is told about ‘what’, ‘when’ or ‘where’ personal spiritual activities have occurred. This practice is not unique to the Chehalis. Rather, it is a tradition shared by all Coast Salish peoples.

(2) Second, many ‘sacred’ aboriginal spiritual practices and beliefs have little to offer in the way of ‘tangible evidence’. For example, it is common practice for ‘new dancers’ to ‘put away’ their spiritual regalia in the forest. ‘Spirit-poles’ or ‘spirit- sticks’ are often tied to young cedar trees, which, over time, become ‘one’ with the living tree. Likewise, spiritual regalia worn by initiates is put away in the forest, as are other spiritual objects, such as rattles, Chalmoq’ches, spirit boards, Skweh-di-lech, Kuchamin sticks and more. Over time—and because these objects are made from ‘products of the forest’—there is little tangible evidence of note to record, especially when those sent to identify these things through AIA investigations are non-aboriginal professionals, although it is common practice at Chehalis to include an aboriginal representative on such surveys. It becomes even more difficult to identify such things, the more time passes; and when an area such as Kweh-Kwuch-Hum has been used for generations for spiritual purposes, many trees and areas have great spiritual value.

11 (3) Mount Woodside is known as a place of spirits. How does one identify an area within a cut-block that is an important place for spirits? How can anyone, except a Chehalis spiritual person, understand this? It is the same with questing sites, spiritual training areas, ritual bathing pools, etc.

(4) Finally, the values placed on the landscape are not specific to spots within a cut- block; it is the cultural landscape itself that is sacred.

Chehalis concerns regarding Mt. Woodside were identified in formal correspondence with the MFR and the BCTS, as early as May 2004, and culminated with a formal declaration by the Chehalis Indian Band, following BCTS’ submission of Amendment #233 for review by the Chehalis Indian Band.

______2.2 Policy Pilot Project – A Process A major concern to the Chilliwack Forest District (CFD) is the possible impact that ‘designation’ of a ‘special resource area’ could have on the timber supply of the District, and beyond this, upon the timber supply, forest industry and provincial economy as a whole. The CFD has expressed that it would like to identify spiritual areas before anyone plans a cut-block, thus establishing up-front parameters for working in a particular area. These areas would then be identified on a map, in much the same way as ungulate winter range, old growth management areas (OGMAs), or spotted owl areas. The CFD district office recognizes the importance of identifying cultural and spiritually significant areas for the Fraser TSA in order to have a better management process.

The perspectives and expectations outlined in this Policy Pilot Project are based on developing an understanding of mutual interests between the Ministry of Forest and Range (MFR) and the Chehalis Indian Band, and why these interests should be considered. The process recognizes each other’s policies that are in place, where they are coming from, and what limitations are inherent. It also recognizes the need for sensitivity on spiritual matters and to be very respectful of each other.

The purpose of this Pilot Policy Project is to develop a process and parameters that support the establishment of areas of traditional, cultural, spiritual practices and forest management. It is essential that the Chehalis Indian Band and CFD develop a working relationship based on mutual respect and understanding. Through this process, the Chilliwack Forest District may utilize this information for building similar relationships with other First Nations.

In January of 2007, Chehalis engaged in formal discussions with the MFR and entered into a contractual agreement to participate in a ‘Pilot Policy Project’. Subsequent meetings were held monthly throughout 2007, through to March 2008.

The first Steering Committee meeting, which took place on January 5, 2007, recognized the work required for building the group’s capacity for working together. Time was devoted to being open and having clear understandings about the work being embarked upon. A framework for the pilot policy project was developed and it laid out the guiding elements essential for success. o The project’s purpose was defined and agreed to by all participants;

o The benefits and outcomes expected from this work were described in detail;

o Building an understanding about confidentiality gave critical direction on what

information presented and discussed, would stay within the group;

o A communications protocol outlined the agreement on information that is (1) kept

only within the group and not written, (2) labeled as being protected under the

authority of provincial statutes and Chehalis Cultural Heritage Resources Policy,

and (3) available for public distribution;

o The project outline identified the information that each group would bring to the

table.

13 Introductory presentations on constraint mapping and cultural research were made at the March meeting of the Steering Committee. An interim report was drafted in March 2007, with a final report prepared in March 2008. Research associated with the Pilot Policy Project included an archaeological survey of the Mount Woodside area by Simon Fraser University archaeologists and several interviews of Band members regarding spiritual uses and the spiritual significance of Kweh-Kwuch-Hum. TSA timber data presented at the April 4 steering committee meeting, with phase II of the project being near the mid- point. The March meeting also highlighted the need to gather information on social impacts and impacts that link Chehalis spiritual practices to the community and members’ well-being.

On January 24th, 2007, the Korean cultural theatre troupe, GETDOL, conducted a spiritual blessing ceremony for the protection of Kweh-Kwuch-Hum at main beach at Chehalis. The event was well attended by Chehalis Band members and representatives of the Korean cultural community of Vancouver and Burnaby. In February 2007, MFR representatives were invited to Chehalis to the Charlie Longhouse to witness traditional ‘spirit dance’ activities directly related to Kweh-Kwuch-Hum and to tour the foreshore of Kweh-Kwuch-Hum and other spiritual sites along the Harrison River. Another ceremony was conducted at main beach at Chehalis in March 2007, when a spiritual burning for the protection of Kweh-Kwuch-Hum was led by Chief Alex Paul. A ceremonial prayer boat constructed by GETDOL (in January) was burned as part of the ceremony. In May 2007, MFR representatives were invited to hear presentations from Elders and Longhouse leaders at the Charlie Longhouse, and on May 14th, a ground blessing ceremony was held at main beach at Chehalis dedicating Kweh-Kwuch-Hum as a sacred use area. In June 2007, Band members were taken on a tour of forestry operations by MFR representatives to review sustainable harvesting practices. (All activities were coordinated by the Chehalis Culture Committee.)

During the summer and into the early fall, university faculty and volunteers conducted archaeological research on the mountain. In October, the Steering Committee monitored the fieldwork progress and began to work with drawing an appropriate map for managing

14 the area. At the same time, the Government Action Regulation (G.A.R.) began to be drafted and the group focused on establishing criteria. Several members of the Steering Committee met at other times to generate the multiple drafts of the map and the G.A.R.

A PowerPoint presentation and map was put forward to Chehalis Council on October 30 and after much discussion, questions and answers, the approval was given to move forward. In the meantime, CFD steering committee members were holding discussions with senior management to gain support and direction for moving forward. Additional information was gathered to demonstrate the value of the social impacts created by Chehalis members carrying out their cultural and spiritual practices.

At the December 5 steering committee meeting, a final report outline was developed. Plans were made for meeting with longhouse leaders in December and licensees in mid January, at the next steering committee meeting in January. A senior official of BC Timber Sales joined the committee for a presentation of the committee’s work and the emerging intention for moving forward.

On January 14, the Steering Committee met with several forest licensees to present and discuss the major ideas of the project. January 22 was the final presentation to Chehalis Council and after approval, the G.A.R. moved forward with public advertising and contacts with licensees and key stakeholders. The Steering Committee met on March 12 to monitor the G.A.R. progress and to review and complete the Pilot Policy Project Report by June 2008. A celebration and unveiling took place on June 23, 2008.

The steering committee’s accomplishments were many and there was significant learning and development of understanding and trust. These “learnings” appear in the final report’s recommendations described at the end of this report. The project’s results include:

• Historical and policy research on Chehalis spiritual & cultural practices and social impacts • An archaeological study and extensive report on Kweh-Kwuch-Hum • A G.A.R. and map of the area showing the proposed practices and designation

An evaluation of project benefits and the project process was conducted in March 2008 and provided the following feedback:

I. To what extent were the expectations of the benefits met? Average Response CFD Expectations: (CFD staff responses) 1. Understand the context of cultural and spiritual practices in the community. 7.5 2. Measure the impacts on timber supply, if any. 9.0 3. Understand First Nation cultural, spiritual practices and how the Ministry of 8.5 Forests & Range mandate can coexist with those practices. 4. Improve communication with Chehalis and achieve a better understanding of 10.0 Chehalis cultural needs. Chehalis Expectations: (Chehalis staff responses) 1. A peace of mind and degree of certainty on the use of traditional, spiritual areas. 7.8 2. Elevate the awareness of spiritually protected areas. 8.5 3. Meet community expectations of saving and protecting culturally significant 8.0 areas. 4. Build up a sense of trust between Chehalis Indian Band and Chilliwack Forest 8.8 District. 5. Increase the understanding of CFD policies and what they have to deal with 8.3

II. Components of a good process: (how well did we perform?) 1. Define information needs regarding how decisions made, influences, 8.1 mitigations that ensure each resource has no conflict and mutual benefit. 2. Gather information - some we have now, some we don’t have – as is required to 8.5 make good decisions. 3. Have clear decision processes. 8.3 4. Have community communication & sharing information with specific steps and 8.3 timeframes. 5. Establish & follow communication guidelines and protocols to support the 8.7 process and achieve mutual results. 6. Recognize the level of trust and respect that exists and is essential for this work 8.8 to be done. 7. Respect spirituality through the protocols for the confidentiality of information 9.1 and the recognition of unspoken matters, spiritual sites and practices that provide links to past and future generations and practices. 8. Take the time that was necessary by having at least 6 months, maybe up to one 9.3 year. 9. No loss of continuity through setting up regular dates for the working group. 8.5

Ministry of Forest & Range & Chehalis Indian Band representatives at Cultural spiritual orientation at Charlie Longhouse, February 21, 2007.

Ministry of Forest & Range & Chehalis Indian Band representatives during Harrison River & Kweh-Kwuch-Hum field trip, February 21, 2007.

Ministry of Forest & Range & Chehalis Indian Band representatives tour Kweh-Kwuch-Hum foreshore on Harrison River, February 21, 2007.

MFR representatives visit Charlie Longhouse, May 2007, to hear Elders and Longhouse Leaders discuss the social benefits of protecting Mt. Woodside, Kweh-Kwuch-Hum.

MFR & Chehalis Steering Committee Members tour forestry operations in Chehalis traditional territory, June 2007.

MFR & BCTS (Chinook) representatives are welcomed at Chehalis, December 2007

Spiritual Blessing of Kweh-Kwuch-Hum by Getdol Theatre Troupe, January 24, 2007

Chehalis Drummer Kelsie Charlie leads ceremony with a song.

Ground Blessing Ceremony at Chehalis Main Beach, May 14, 2007 (Chief William Charlie, Nancy & Kerry Grozier (MFR DM), Sheila & Bob Friesen (MFR ADM)

Kweh-Kwuch-Hum Commemorative Signage, Main Beach Chehalis, June 23, 2008 (Artwork: Gary Leon; Graphics: Ann Mohs)

21 ______2.3 Relevant Legislation, Policies & Protocol Agreements In British Columbia, aboriginal heritage sites are protected under the Heritage Conservation Act (1979). This legislation is administered by the Archaeology Branch, Ministry of Tourism, Sports and Art. The focus of this legislation is the protection of ‘archaeological’ heritage resources (e.g., tangible evidence of aboriginal peoples predating 1846). There is limited provision for the protection of aboriginal ‘spiritual sites’.

Section 4 of the Heritage Conservation Act contains special provisions for the protection of sites of a spiritual nature, which may be enacted under a formal agreement between the province (through the office of the Lieutenant Governor in Council) and a First Nation. Section 4(a) notes that an agreement made under this section may include: “…heritage sites… that are of particular spiritual, ceremonial, or other cultural value to the Aboriginal people…”

While the Heritage Conservation Act does contain special provisions for the protection of ‘spiritual sites’, under Section 4, there has never been a case where this special legislation has been implemented. Also, the Kweh-Kwuch-Hum ‘area’ designated by the Chehalis Indian Band may qualify under this legislation, although there may be some doubt about its classification as a ‘site’.

Further protection is afforded to aboriginal heritage sites under the Forest and Range Practices Act (2004) and the Forest Act (2004). Section 10 of the Forest & Range Practices Act states: “The objective set by government for cultural heritage resources is to conserve, or, if necessary, protect cultural heritage resources that are: (a) the focus of a traditional use by an aboriginal people that is of continuing importance to that people, and (b) not regulated under the Heritage Conservation Act.”

22 The Kweh-Kwuch-Hum area designated by the Chehalis Indian Band certainly qualifies under provisions outlined in Section 10 of the Forest & Range Practices Act.

Relevant to this discussion is Part 13 of the Forest Act, pertaining to ‘Designated Areas’. Under Section 169, (1): “…the Lieutenant Governor in Council, by regulation, may specify an area of Crown land as a designated area if the Lieutenant Governor in Council believes it is in the public interest to do so.”

It is the position of the Chehalis Indian Band designating the Kweh-Kwuch-Hum area is in the public interest (see discussion below under Social Benefits section).

Also relevant to this discussion is the matter of Government Action Regulations. With respect to making a determination on the designation of an area, such as Chehalis Kweh- Kwuch-Hum Spiritually Designated Area, this legislation notes that 4 tests have to be adhered to: Test 1: Is special management required? Test 2: Is the proposed action consistent with established objectives? Test 3: Would the proposed action unduly reduce the supply of timber from BC’s forests? Test 4: Do public benefits from the action outweigh any material adverse impact on delivered wood costs and any undue constraint on the ability of a forest or range agreement holder to exercise their rights under the agreement?

With respect to the Chehalis Kweh-Kwuch-Hum Spiritually Designated Area, the answers to these questions can be summarized as follows: Test 1: Yes, special management is required. Test 2: Yes the proposed action is consistent with established objectives. Test 3: No, the proposed action would not unduly reduce the timber supply. Test 4: Yes, public (social) benefits do outweigh economic benefits of timber harvesting (see Social Benefits Section for details).

In summary, there is the legal justification to proceed with designation of the Chehalis Kweh-Kwuch-Hum Spiritually Designated Area as a ‘protected area’. There are also further legal provisions, relating to Chehalis aboriginal title rights, affirmed under recent Supreme Court Decisions, notably Haida, Mears Island, and Delgamuukw.

New Relationship Agreement. Probably the most important policy document of the Province of British Columbia in recent years is the ‘New Relationship Agreement’. This Agreement offers a vision and framework by which the Province and Aboriginal peoples agree to work together. Notable in the document are a few clauses pertaining to the question of Kweh-Kwuch- Hum:

“Through this new relationship, we commit to reconciliation of Aboriginal and Crown titles and jurisdictions.

“We agree to establish processes and institutions for shared decision-making about the land and resources and for revenue and benefit sharing, recognizing, as has been determined in court decisions, that the right to aboriginal title “in its full form”, including the inherent right for the community to make decisions as to the use of the land and therefore the right to have a political structure for making those decisions, is constitutionally guaranteed by Section 35. These inherent rights flow from First Nations’ historical and sacred relationship with their territories.”

This policy document, more than any other, provides the justification to this Policy Pilot Project.

Aboriginal Heritage Policies In recent years, aboriginal people have come to realize the importance of heritage sites as an integral component of an aboriginal cultural and spiritual identity, and cultural history.

24 One notable result has been that most First Nations have assumed jurisdiction over heritage sites and resources in their traditional territories. In this regard, many First Nations have written and implemented their own heritage policies. Part of the justification for this was that most First Nations believed that government legislation protecting heritage sites, under the Heritage Conservation Act, did not provide adequate protection to what aboriginal people considered ‘their heritage sites and resources’.

Among the first to develop its own heritage policy was the Sto:lo Nation, which did so in 1986 (Appendix 4-10). The Sto:lo Heritage Policy has since been revised on at least 2 occasions. Of note in the original policy is the clause (2) pertaining to ‘spiritual sites’:

“Our spiritual places are blessed and sacred. They shall not be disturbed by developers, archaeologists or anyone else for whatever purposes.

We also declare proprietorship over these places, whether they are on or off registered Reserve lands.”

This clause is notable, because of its identification and formal declaration of spiritual places as heritage sites.

In 2001, the Chehalis Indian Band developed and implemented its own ‘Cultural Heritage Resources Policy’ (Appendix 4-11) to cover heritage sites and resources located within its traditional territory. The Chehalis Heritage Resources Policy provides a definitive list of what Chehalis considers ‘cultural heritage sites and resources’. Notable among these are “Sacred and Spiritual Sites”, of which 8 categories or ‘types’ of sites are identified. There are many notable statements regarding ‘Chehalis values’ in its Heritage Policy. I include one here, because of its relevance to this presentation:

“To Chehalis people, concern about cultural heritage resources is an extension of Chehalis community life and cultural survival. We also believe that it is inappropriate to separate matters of spiritual, cultural, heritage and economic significance. At the

25 same time, however, we acknowledge the reality of non-native interests within our traditional territory and the need for a policy and position statement on Chehalis cultural heritage sites and resources.”

Today, the Chehalis Indian Band’s ‘Cultural Heritage Resources Policy’ is generally recognized by government, industry, and the archaeological community.

2.4 History of Relationship – Chehalis Indian Band & Chilliwack Forest District

Integral to the Policy Pilot Project’s success is the relationship between the Chilliwack Forest District and the Chehalis Indian Band. This relationship has changed over the years, being affected by levels of resource development throughout Chehalis traditional territory, especially encroachments around the Chehalis community, and levels of communication, consultation, and accommodation. This working relationship has been influenced by decisions of the courts, government responses to these decisions, and by the Chehalis Band’s involvement in the forest industry.

Chehalis territory is rich in forest resources and has always been subject to forestry activity, from traditional uses to present-day commercial harvesting. Commercial harvesting began in earnest in the late 1800s and early 1900s, during which time most of the primary growth in the region was harvested. Subsequently, the scale of harvesting diminished, until logged-off areas re-grew and were considered prime second growth. During this period of diminished logging activity, the relationship between the Chehalis and the CFD remained cordial, but was very limited. However, as timber stands matured and once again became commercially viable, and as forest companies with large-volume cutting rights began harvesting large tracts of land within Chehalis territory (in the 1980s and ‘90s), tensions between Chehalis and the CFD increased, especially as harvesting activities began encroaching on the Chehalis community.

Forestry is not the only type of development that has impacted the Chehalis in recent times, although it has had the greatest impact. The development and alienation of lands for commercial, residential and recreational purposes, as well as other resource-based developments, such as mining and energy projects, have exacerbated the situation. The cumulative effect of all this development has been profoundly detrimental on Chehalis cultural and spiritual practices. In response, Chehalis has made its objections known to

27 government through various consultation processes, although development has more-or- less continued unabated.

By 2003, the relationship between the Chehalis and the Chilliwack Forest District reached an all time low. There were very few meetings between the parties, and those that did occur were both unpleasant and unproductive. During this time, Chehalis contemplated both legal action and civil disobedience against the CFD, as well as other government agencies and proponents active in Chehalis territory, in order to protect traditional aboriginal cultural and spiritual areas from further development.

Chehalis is not opposed to harvesting timber resources. Like most aboriginal groups in British Columbia, the Chehalis have always harvested forest resources for a multitude of uses. In pre-contact times, the forest provided everything: housing, transportation, energy, basketry, clothing, utensils, medicines, foodstuffs and much, much more. In historic times, commercial forestry activities provided many jobs for community members, and today continues to provide some jobs and some income through the management of Chehalis-owned forest licences. Chehalis’ long standing involvement in forestry has provided the community with a sense of balance between forestry-related activities and a desire to protect parts of the forest for more traditional cultural and spiritual practices.

In recent years, Supreme Court rulings (e.g., Delgamuukw, Haida, Taku, Tsilkotin, etc.) have affirmed that government must consult with First Nations with respect to resource development projects within traditional aboriginal territories, and that government must also accommodate First Nations for infringements on aboriginal title rights. These legal rulings prompted the Ministry of Forests and Range to engage in consultations with First Nations and to develop Forest & Range Agreements to share revenues and harvesting rights with First Nations. These legal rulings were also the basis for the ‘New Relationship Agreement’, which some consider the most important policy document of the Province of British Columbia in recent years, and the ‘Transformative Change

28 Accord’, which is intended to reduce the socio-economic gap between FN communities and the rest of the province.

In this context, ‘consultation and accommodation’ have been an evolving process, the outcomes of which were recently summed up by Gene MacInnes (CFD): “…we’ve gone from telling to asking to sharing”. The relationship between the Chilliwack Forest District and Chehalis Indian Band has responded accordingly.

As consultation between the MFR and Chehalis became a reality, the Chehalis Indian Band reached an accommodation agreement with the MFR through the Forest and Range Agreement (FRA) process. In March, 2004, the Chehalis signed an FRA, which included financial remuneration of $2.3 million and 138,640 cubic meters of timber over five years. In spite of this, there remained many unresolved issues, including the use of the forest for traditional cultural and spiritual practices.

Continued harvesting of wood on Mt Woodside, known as Kweh Kwuch Hum, without due consultation caused the Chehalis community to again contemplate legal action. This course was avoided through consultation between the CFD and Chehalis and resulted in the implementation of a ‘Policy Pilot Project’ to explore the issues.

In conclusion, there was a great commitment on the part of both the leadership of the Ministry of Forests and Range and the Chehalis to make this Policy Pilot Project work. While this effort does not address all of Chehalis’ concerns about harvesting in areas of spiritual importance, it goes a long way towards ensuring that this one very important area is protected.

29 ______3.0 SPIRITUAL & CULTURAL PERSPECTIVES

3.1 Overview

The Chehalis Indian Band is an independent First Nation with a traditional territory that includes the watershed areas of Harrison Lake, the Harrison River, Chehalis Lake and the Chehalis River, extending west to include the northeast portion of Stave Lake and south to include a portion of the Fraser River, extending approximately a kilometre upriver and downriver of the mouth of the Harrison River (see Map: Figure 1). Chehalis traditional territory covers a geographical area of 3,500 square kilometres, an area measuring approximately 70 kilometres long x 50 kilometres wide.

The Chehalis are part of the greater Coast Salish Nation of tribes of the Lower Mainland region of British Columbia, southern Vancouver Island, and Washington State, including the Sto:lo, with whom they share a common language (Halq’emeylem), culture, and spiritual traditions. The Coast Salish are the largest cultural/linguistic group—both in terms of population and geographical area—living on the Northwest Coast of North America. Geo-politically, the Coast Salish Nation includes 54 Bands, or approximately 20 Tribes. (For details, see Wayne Suttles, 1987: Coast Salish Essays, Talonbooks, Vancouver; and 1990: Handbook of North American Indians, Volume 7, Smithsonian Institution, Washington). Traditionally, the Chehalis would be considered a ‘Tribe’ within this context, although officially refer to themselves as the ‘Chehalis Indian Band’, mainly because they still operate under the Canadian federal government’s ‘Indian Act’ designation.

Culturally and traditionally, the Chehalis are Sto:lo: “river people” or “people of the river”, although today this name (‘Sto:lo’) has considerable political implications and connotations, and is generally not recognized by the Chehalis. The ‘Chehalis’ name is derived from the Halq’emeylem word Sts’a’iles, meaning “heart on the chest” or “laying on the chest”, derived from a legend of an Indian Doctor who did battle with Xa:ls, the great Transformer, who walked this earth in the distant past to put things right. According

30 to legend, Xa:ls ripped the Doctor’s heart from his chest and threw it downriver, where it landed at Chehalis. One version of this story is: there was once a small island in the Harrison River fronting the reserve that used to pulsate like a human heart when water flowed over it, but which has more-or-less disappeared in historic times. Linguist Dr. Brent Galloway ascribes the meaning “laying on the chest” in reference to a story about the ancestors of the Chehalis, who hung onto logs, at Kweh-Kwuch-Hum, to save themselves in the great flood that flooded this land.

According to Chehalis legends and oral traditions, Chehalis people have always lived in their traditional territory. There is evidence of this in the many archaeological sites that have been recorded throughout Chehalis territory, although few sites have been excavated.

Historically, and today, Chehalis culture and economic life is centered on fishing, including the five species of salmon [Coho, Chinook, Sockeye, Chum & Pink], sturgeon, steelhead, and the many resident fresh-water species found in the lakes and rivers of the region. Much of Chehalis cultural and spiritual life centers on the River and fishing.

In the past, the people of Chehalis lived primarily in cedar-plank longhouses, measuring up to 200 meters long and 20 meters wide, but also utilized many other types of dwellings, including semi-subterranean pithouses, called ‘skumel’ in the Halq’emeylem language. Today, traditional Longhouses are used primarily for ceremonial activities, notably ‘Winter Spirit Dancing’, which is practiced through the winter months (October Æ March). Regionally, there is strong evidence of this tradition dating back at least 5,000 years ago, based on archaeological excavations at the Hatzic Rock Site, near Mission BC (see Mohs, 1991). There are many ceremonial and spiritual activities associated with the Longhouse including: traditional birth, death and ‘naming’ ceremonies, ‘memorials’, puberty training, traditional marriages, ‘masked dancing’, and Skwe-di-litch, to name a few.

31 Today, the Chehalis people number over a 1,000 people, the majority of whom live on the Chehalis I.R. 5. Fisheries and the forest industry are the two most important means of employment.

Historically, the Chehalis have always been involved in the forestry sector, since before its inception as a commercial industry, and today the Band continues to be actively involved in commercial forestry operations. Chehalis has its own woodlot, a licensed sort-yard, and is involved in joint venture constraint logging. The Band also has a Forest and Range Agreement with the MOFR, including a non-renewable forest license for approximately 140,000 cubic meters, and recently hired its own Forester. In short, the Chehalis Band understands forestry, forestry economics, and forestry values. Many of the community improvements at Chehalis are a direct result of forestry dollars.

Today’s Chehalis Indian Band government is a multi-disciplinary organization with an annual operating budget of over fifteen million ($15,000,000) dollars. The Band operates a village, with a public works and housing department that delivers a host of services with respect to water and sanitation, parks and roads maintenance, and emergency response. Some of the infrastructure includes: public buildings, fire protection services, a fire-hall, water systems, garbage collection, an Early Childcare Education Centre, a Kindergarten – Grade 12 Community School, a 19,000 sq. ft. Healing Centre, a 11,000 sq. ft. administration building, a community hall, a rehabilitation centre, an Elder’s Centre, paved and gravel roads, recreation grounds, etc. The Band currently operates and maintains a security system for the community and has a maintenance staff and gardeners employed as part of village operations. The Band also provides extensive fisheries contracted technical services to the Chehalis River Hatchery and Weaver Creek Spawning Channels. The Chehalis Health and Family Services offers a range of professionally managed programs and services for community members. Currently, the Chehalis Indian Band is one of the largest employers in the Harrison Region with an operational staff of 150. The Band is also involved in management & operations of Corrections Services Canada’s Kw’íkw’exwelhp Institution (minimum security prison).

32 ______3.2 Chehalis Spiritual Values Associated with Kweh-Kwuch-Hum

Kweh-Kwuch-Hum (Mt. Woodside) is a spiritual place integral to the cultural spiritual practices and traditions of the Chehalis people. The mountain has always been important, for as long as anyone can remember. The spiritual values associated with Kweh-Kwuch- Hum are listed below. These have been supplemented with comments and quotations (in italics) from spiritual people interviewed in the course of this study.

3.2.1 Location The relative location of Kweh-Kwuch-Hum to the community of Chehalis is very important. It is where the sun rises on the community every day, and is the direction people face for their morning prayers.

“I know that every morning we greet the day and we look over on that side[of the river], and that is where the sun comes up, and we know that is where our ancestors looked after things, forever.”

“Well you wake up every morning, just like we are right now. We look over there. That’s just a part of what we are. Xwelmexw. Comes from Solh Temexw. We come from this and it would be a shame if it was tampered with.

The other side of the river is very sacred to the Chehalis people. Because one: there’s no roads or access to the mountain, the mountainside. Therefore the only reason for that is that that’s where the people of the river would bury their loved ones. There’s many stories of our ancestors in the past, where they had these experiences with these supernatural beings and having to do with transformation and shape shifting and that’s where a lot of our spirituality lies.

______3.2.2 Burial/Mortuary Practices • One of Chehalis’s two historic cemeteries is located here. • Formerly there were tree burials here, associated with old village of Hiqelem (‘going underneath’). • There are numerous ancient burial mounds located here.

Traditional Burial Structure

“The whole area is of great importance to our village and to our people. Our grandfather, he always told us that that’s where they looked after death and looked after the dead ones, our loved ones… where they’d go and put them in the trees, over on that side of the mountain; they’d hang them over there. I remember too he said they left them for seven years over there, hanging in the trees… and then they’d have a ceremony, and then they’d bring them back and put them with their people, because they wouldn’t want to leave their loved ones over there. So after seven years they’d bring them back over here.

“They used to put our dead in the trees, and from the work I do here in Chehalis, it is my understanding that it’s all over that mountain, mostly maple trees.”

Similar thoughts have been reported by Sto:lo informants elsewhere in the region:

‘Well, it’s a good thing to study these things back, you know. Like the way people died off. They never buried them in the ground. They hung them up in the trees, in limbs. That was their burial ground. They didn’t go dig up the ground, bury them there. They hang them way up in a tree. Certain kind of limbs. Tie them in the bottom, tie them all over. Yeah, I used to wonder what these trees were in Yale, you know, just the limbs. ‘What’s those things?’ I would ask. They used to tell me, ‘That’s our graveyard, years back’… Well, you gonna touch anything there, well, that’s sacred. You’re not supposed to touch them at all.” (Elder JP in Mohs, 1987:85).

34 ______3.2.3 Ancestor Spirits • There are ancestor spirits associated with Kweh-Kwuch-Hum. • Some of these spirits are Spopleqwitza, or ghost spirits. “Well our ancestors, they buried them all over the place, on any one of these high ridges, where the spirits can, like, keep an eye on everything… Just because a person’s gone or dead doesn’t mean that their spirit dies. Their body parishes and they go into the ground, but the spirit… When we acknowledge the spirit and feed it, and pray to it, we keep that spirit alive and we keep it strong. And the spirit lives forever…, and that’s why it’s so important to take care of this side of the mountain. This is very sacred. We honour our ancestors to the highest degree…, because they’re still here and they’re looking after us. They’re watching over us.”

“What I know of Kweh-Kwuch-Hum I know from my dad… He always told us that we’re not allowed to log that, or we’re not allowed to go hunting on that mountain because of the ghosts that are over there… His dad told him he’s not allowed to hunt over there because the ghosts or the spirits that roam around over there… When somebody passes away in Chehalis, their spirit, some call it Spopeleqwitha, the newly dead. It’s roaming around…”

“…where the ancestors reside… [that’s] their heaven. That’s what they called it. That’s why it’s so sacred to our people here, I suppose, when they put our ancestors away over here [at Hiqelem].”

______3.2.4 Spiritual Activity Area & Repository • Kweh-Kwuch-Hum is—and has been for as long as anyone can remember—a spiritual activity area. • It is a repository area for spiritual regalia associated with the Winter Dance Ceremonial, notably spirit-poles and the regalia of ‘babies’ or ‘new dancers’. • It is a repository area for other spiritual regalia, including ‘Chalmoq’ches’, rattles, and other items.

Susan and Mary Charles with Chalmoq’ches Kuchamin Stick

“People from our village have always looked upon [Kweh-Kwuch-Hum], that you only go over there for the Spirit; you don’t go over there for anything else. That is what that place is. You only go over there for the Spirit, nothing else; you don’t go over there for wood; you don’t go over there for hunting; you only go over there for the Spirit. Basically that is what that place is. So many people have gone over there, because when you go in the Longhouse, because you were given all this stuff, you were told that you would have to bring it back from where it comes from, give it back to Solh Temexw, and that is where everybody goes, cause its almost like it is untouched, and there is always that big concern all the time, when you look and you see heli-logging happening, or any type of logging, and they are over there. And that is a very strong spiritually significant place to our people… forever.”

“Upon initiation in our Longhouse, when our season comes to a closure, we were taught to bring our uniform and our poles somewhere up on the mountain. So one day, me and my brother, we picked a day to put our things away into the mountain. We got a canoe, packed a lunch, grabbed all our stuff and we went across the river and started on our journey up the mountain. Well we walked for some time, for like an hour, and then we stopped to have a break. And we sat down, looking over the valley and talking about the long winter we had in the Longhouse and the things we were experiencing in our dreams and stuff like that. And we had our little break and then we loaded up again and started back up the mountain. Well we were trekking through some beautiful land. Like the moss on the ground, for example, was like… it seemed like it was a foot thick. It was like a giant carpet and it was really quiet and peaceful. Just beautiful over there and you could tell it’s like a whole new world or something…”

“The cultural revival started in the late 60s, early 70s… I wouldn’t even know how many dancers there are in Chehalis now. But I would say at least fifty percent of those people all went there [Kweh-Kwuch-Hum]… That’s where our people went, and it didn’t just start when they began this revival of the Longhouse tradition, because it never died here. It was always here. And my grandpa said that they always used that side to do that specific job, that work…I would say there’s maybe two to three hundred people that are dancers and I would say at least half of them have gone over there. And why do we go over there? Because that’s what we were told. It’s been that way for as long as anyone can remember. We were just told that that’s where we have to go.”

“When they were trying to look after all of their sacred stuff [During the Potlatch Prohibition], so that it didn’t get burned or whatever, they went and they put that stuff away… They went and they put it in that crevasse, and they say they’re supposed to look after it so that nobody… it wouldn’t fall into the wrong hands…”

36 ______3.2.5 Spirit Beings • Kweh-Kwuch-Hum is an important area for three notable ‘spirit beings’ including: o Sasquatch: which is part of the cultural and spiritual identity of the Chehalis, and which is the logo of the Band. There is also a noted ‘Sasquatch Crossing’ and ‘trail’ that crosses the Harrison River & passes up Kweh-Kwuch-Hum in behind Government Island. o Thuxwiya: ‘Wild woman of the woods’ is believed to have a cave somewhere on Kweh-Kwuch-Hum. o Chet-cha-lis o Which are little water spirits about the size of a dog. They have beautiful fur that changes colour and are connected to those who are sick: if seen and they reply, it is believed you will die; if they don’t respond, it is believed you will live.

“That’s where they say that Thuxwiya’s cave was, over there, and that she could see and overlook our village, and that if any kids were led astray, then she could come down and take the kids. So we were always mindful of that.”

“…Me and my brother… we saw the Sasquatch. I can’t even describe what we saw. But they walked out of the woods and one of them sat down in the water, and when it sat down it just twirled around in the water while it was sitting. And then it just sat there for a second… And then it stood up and then walked into the water up to about its… thighs, and then it just stood there for a second. Then it turned around and it walked back in [to the forest] and that was it…The only reason why we looked over there, [was] because of the Sasquatch; I was pointing out the Sasquatch Crossing…”

“I don’t know if you believe in the Sasquatch, but we do… He’s our everything, and I believe that. And that’s where he stays [Kweh-Kwuch-Hum] because we hear him screaming in the fall, and he crosses over here…”

______3.2.6 Transformer Sites There are 2 transformer sites associated with area, both of which are related to the transformer Xa:ls, who came to this earth to put things right.

37 (a) Lexwyélés: ‘toothed vagina’, a slollicum woman transformed to stone. (b) Sxéyeltels te Sqoyéxiya: ‘tracks of mink’, marks left in rock formation by Mink, a travelling companion of Xa:ls.

(a) Lexwyélés (‘toothed vagina’): is located on a rocky prominence above the old Chehalis cemetery on the east side of the Harrison River. The site is a prominent rock face distinguished by extensive lichen growth. Story Behind: Lexwyélés was a powerful slollicum, a woman with a toothed vagina. She bit off the hand of Mink, a travelling companion of the XeXa:ls and was transformed into stone by Xa:ls at this locality.

(b) Sxéyeltels te Sqoyéxiya (‘tracks of mink’): This site is located on the same prominent rock face and is distinguished by several holes or pit marks in the rock, shaped like mink tracks. These holes in the rock relate to the story of transformation of Lexwyélés. When Mink had his hand bitten off by Lexwyélés, he jumped out of her bed and landed here. He jumped so high and his pain was such that his tracks can be seen as marks in the rock.

Both these sites are referenced by Anthropologist Franz Boas who recorded the following story in an interview with Chief George Chehalis in 1894:

When Qals went up the Harrison River, he came to the place where there lived an old woman called Leqyiles. Her vagina was set with teeth and with them she bit off the penis of any man who wanted to sleep with her. Qals camped not too far from her house. When it was dark, K’a’iq (Mink) sneaked down to the old woman’s house. He found her in bed. So he groped about with his right hand under her blanket, in order to feel her genitals. He put his hand into her vagina and she bit it off. So he ran back to Qals. Even today his footprints can still be seen where he leaped out of the house. He was ashamed and made a fire by himself, away from the three brother’s camp. He kept his right arm hidden behind his back. The following morning Qals continued up the river, with K’a’iq steering, as always. But because his right hand had been bitten off, he used the left one, and consequently steered so badly that the canoe veered from right to left. Not before they camped again at night did Qals notice what had happened to K’a’iq’s hand. Then he transformed Leqyiles into a rock. It still stands beside the Harrison River today. If water is sprinkled on it during nice weather, it will start raining immediately.(1895:36)

Source: INDIAN LEGENDS FROM THE NORTH PACIFIC COAST OF AMERICA Collected by Franz Boas, Special offprint from Verhandlungen der Berliner Gesellschaft fur Anthropologie, Ethnologie und Urgeschichte 1891 – 1895 Published by A. Asher & Co. Berlin 1895. Translated by Dietrich Bertz for the British Columbia Indian Language Project. Edited by Randy Bouchard and Dorothy Kennedy.

38 There are additional references in Charles Hill-Tout’s 1904 Ethnography of the Chehalis in his Myth of the Qeqals, or the Black-bear Children: When the Qeqals got back to the Harrison River they were accompanied by Skaiaq, the Mink. Here they saw some people peeping through the cracks in a rock at them. This made the Qeqals angry and he transformed them straightway into stone. One of these stones is known now as the “swan” stone, another as the “hat” stone, and another as the “whale” stone, because of their resemblance to these things. As they proceeded on their way they came to a place where a large number of people dwelt. It was a slalakum settlement. Skaiaq warned the Qeqals not to go into the slalakums’ house, but they went in notwithstanding; and in the magical contest which took place between them Skaiaq had one of his hands bitten off by a slalakum. He was ashamed of the fact and hid it from the Qeqals, and when they started next morning he sat in the bow of the canoe and did no paddling. The Qeqals presently ask him why he does not paddle. Skaiaq then makes pretence to paddle. “Why do you paddle with only one hand?” ask they. “Where is your other hand?” Now Skaiaq is [p. 145] sitting with his back to the others and so he puts his sound hand first over one shoulder and then over the other and says, “Here are my two hands.” But the Qeqals are not deceived and say, “You need not try to deceive us; we know you have lost your hand and we will restore it for you.” With that they heal his hand and it became as sound as before. SOURCE: ETHNOLOGICAL REPORT ON THE STSEELIS [CHEHALIS] AND SKAULITS [SCOWLITZ] TRIBES OF THE HALKOMELEM DIVISION OF THE SALISH OF BRITISH COLUMBIA (In Ralph Maud: ‘The Salish People’, 1978, The Local Contribution of Charles Hill-Tout, Volume III: The Mainland Halkomelem, Talonbooks, Vancouver. Reprinted with acknowledgement, from the Journal of the Royal Anthropological Institute 34 (July-December 1904) pp. 311-376.

______3.2.7 Place of Spiritual Power/ Questing Area • Kweh-Kwuch-Hum is a traditional place of spiritual power, including: o Puberty training in the past & today: children are sent off alone to train in isolated areas. o Ritual fasting, bathing in secluded creeks and lakes. o Place of spirit power for shxwelam.

“We use it. Use that whole side of the mountain, because there’s no roads there and that’s something where if the ancestors are there, all we have to do is go there and bring 0our kids that are suffering to wake up their spirit and to put them on the right path so they can carry on with their lives in a good way in today’s society, which is so near impossible to adapt to, function in today’s world, because there’s a lot of things out there that aren’t for us.”

“For me, personally, that place is of great significance, because as I look over there that’s where I know I had to go on my own, my own personal spiritual quest and journey. That’s where I had to go, and that was because of what was told to me from our Siyelyolexwa, our Elders; that’s what they said. That’s where you go and do it.”

39 “One of the things… when people are on the spiritual quest that they embark on, everything is spirit guided, so they’re asked to walk. You’re told that when you go and you look after certain things that you [need to do]… There is no map that tells us; there’s not just one little area, like they say, ‘OK, we’re gonna go in here and you’re gonna do that’. No, you go in there, and you just go and the Spirit guides you. It takes you. So, some people have walked for hours and hours on this mountain, to where they need to go, to find what it is that they need… So ten people would go up there on their quest and they would go in ten different trails and directions to find what they need.”

“Some places are sacred. You’re not supposed to go there and touch anything. Even the lakes way up the mountain… You can’t just go there and do as you like, go swimmin’ in it. Those are sacred. Certain things were done to it by the old timers.” (Elder JP in Mohs, 1987:58)

______3.2.8 Spiritual Avoidance • Generally Kweh-Kwuch-Hum is considered a place where you don’t go, unless you have a reason. In this regard, Kweh-Kwuch-Hum is considered so special that most people won’t hunt here.

“Also, me being a hunter, I was always told… we always see game over there. But we were always told that we were never to hund there. Because that’s where we look after that, that’s where our ancestors went, and that’s [why] we just can’t go over there.”

______3.2.9 Ceremonial Area • Various community and personal ceremonies are regularly conducted at Kweh-Kwuch- Hum, such as ceremonial burnings. “When Ed was teaching us, before we became spiritual people, he said, you got two fires, and those two fires are what you share with your ancestors, and they belong to the ancestors, and we’re only using them for that purpose. But it’s only seasonal that you use the two fires, and once you put them inside a home, it becomes a sacred home to the ancestors – and reusing it for that purpose only, because they’re sharing all that information and your spiritual belief of what they gave you, and what they showed you in life. But once you use the fires for different reasons, you will feel what they meant by how sacred that mountain is, Mount Woodside. It can give you life, and it can also take your life. That’s what they’re telling me – ancestors – once you go on that side, you become an ancestor.” ______3.2.10 Special Geographical Features • There are special geological features of importance here, considered of a spiritual nature including: o Rock outcroppings

40 o Creeks o Caves o Rock slides

“It’s not just spots. It’s a place where it’s [the spirit] is going to lead you… There was a crack [in the rock] there, and there’s a deep hole there… When they were trying to look after all of their sacred stuff so that it didn’t get burned or whatever, they went and they put that stuff—and you can only do that at a certain time of the year… they went and they put it in that crevasse and they say they’re supposed to look after it so that nobody… it would fall into the wrong hands… And we were told about shxwexwó:s, thunderbird that has a cave…around that area.”

“When we were kids and went up on the mountainside and went into a cave thee and saw graphics on the rock face. He [Ed Leon] was trying to teach us about it, but we were all excited, you know; we were jumping around, up and down.”

“We’re at the cemetery again, SP, MR & RC. R and S were just talking about eh graphics that S had mentioned earlier, back when we were standing at Main Beach, and R had suggested that the ‘eagle’ S had mentioned may be the Thunderbird, because there are stories about the cave of the Thunderbird on this side, on the Mt. Woodside side. This jogged S’s memory a little bit… ‘The drawing is like in stick formation… I thought it was an eagle when I was describing it, but now that R mentioned it, it does have the formation of a Thunderbird, because of the coil on top of its head.”

“There’s a slide there too… They say that the old people…and the shxwalams would go and they would hike there all day, and they’d think that they were almost there; and then they’d get there and they’d have to hike up that slide. So that meant they had to suffer some more. So they’d have to suffer and try and persevere to try and get up to the top. And by that time they would have been so weak that they would have been able to… Because they were so weak they were humbled to the spirits, so they’d be able to get their gift a lot easier when they got there. They say that that’s why that slide is there.”

______3.2.11 Special Resource Area Few resources are taken from Kweh-Kwuch-Hum for personal, economic, cultural or spiritual purposes. A general exception is fishing resources, and some medicines notably: • The Hiqelem area is extremely important for sturgeon. • Pit-lamp fishing is practiced all along the shoreline of Kweh-Kwuch-Hum.

41 • Wilson Point is a noted site for the catching of the first Coho & Chinook salmon of the season.

“Every place has its power. There’s a place where you go and gather your medicines. There’s a place where you go and gather things, but there’s a place that you look after death, and there’s a place where you go to find your power to reveal your gift. That’s one of the places over there, and that’s why all of those things that you just mentioned were never done.”

“Anything coming from this [Kweh-Kwuch-Hum] side of the river is used for ceremony and spiritual purposes… for sxwaisxwai, or skweh-di’lech. Anything from this side is just like borrowing something from the church… When we go into the Longhouse, we have a connection with mother earth, with the land. And when we look after mother earth, mother earth looks after us and takes good care of us. And that’s why we believe that when we have a place as sacred as that mountain, we have to look after it. It’s very powerful. It’s very meaningful and important to us…”

“When you need to help elders out, you to the mountain here across the river. It’ll show you different areas that you can go in, sometimes that you can go directly into the mountain to receive the good medicine that it has to offer. Three times I’ve been over there and used the medicine, but that’s the only time that I have.”

______3.2.12 Former Longhouse Location • There was formerly an important historical Longhouse on the Kweh-Kwuch-Hum side of the river, in the area of Willoughby’s.

“William Philips. It would have been his dad. His dad had a spot over there and that would have been Andrew Philips, and his father’s name was old Pilep, Chehalis Philip. And that’s where they had a home over there.”

______3.2.13 Trail & Trapline • In historic times there was a trail along the shoreline of Kweh-Kwuch-Hum to the Kilby General Store. • There was also a trapline along the river extending from Willoughby’s to Lexwyélés.

3.2.14 Old village & Archaeological Site • To Chehalis people, archaeological sites and remains represent the remains of the ancestors and are generally considered sxaxa ‘sacred’. • During the summer of 2007, a team of archaeologists from Simon Fraser University conducted surveys of the Kweh-Kwuch-Hum area. A total of 21 archaeological sites were identified, the most notable of these being at the former village of Hiqelem, located in the vicinity of IR6. This site is an extensive pithouse and plankhouse village with an associated mortuary complex, burial mounds, dating between 1,500 and 1,100 years ago.

Surface map of old village at Hiqelem, Kweh-Kwuch-Hum 2007

Archaeological Test Excavations at Hiqelem on Kweh-Kwuch-hum Simon Fraser University 2005

Ancient aboriginal harvested tree at Hiqelem on Kweh-Kwuch-hum Simon Fraser University 2005

The following comments are from the ‘Kweh-Kwuch-Hum Archaeological Report’ (November 2007), prepared by Morgan Ritchie, Simon Fraser University, for the Chehalis Indian Band and Ministry of Forests and Range. Investigations by Simon Fraser University reaffirm the cultural and spiritual importance of this area to the Chehalis people (emphasis is mine – GM).

The Kweh-Kwuch-Hum landscape contains many different types of archaeological sites and features, reflecting the range of activities and time that it has been used for. Material remains include evidence for extensive ancient settlements and mortuary complexes, resource procurement sites, historic sites, trails and ritual activities. The lowlands flanking the Harrison River, including the Kweh-Kwuch-Hum foreshore, offer the most complete glimpse into pre- contact life-ways in the entire Fraser Valley. As a result, Kweh-Kwuch-Hum is of significant archaeological importance and has already provided a more comprehensive understanding of human activities in this region. (p.5)

The majority of archaeological sites on Kweh-Kwuch-Hum are situated near or on the Harrison River; however there is material evidence for ritual activities, hunting, and cedar bark collection occurring on the higher mountain slopes. (p.5)

Perhaps the most extraordinary aspect of the archaeological record on the Harrison River is how well preserved the sites are – especially in contrast to elsewhere in the Fraser Valley. Some of the larger sites on the Harrison such as Hiqelem are virtually intact, providing an unparalleled glimpse into how villages and activity areas were situated on the landscape and were related to one another. The importance of protecting these village sites on the Harrison cannot be over emphasized; they have the unique ability to contribute comprehensive details regarding social organization for the Fraser Valley region. (p.8)

45 There are at least 11 pre-contact settlements on the Harrison River with over 80 pithouses and 10 plankhouses combined – making the aggregated community of Chehalis the largest clustering of pithouses in the Northwest Coast culture area. The (p.8) density of occupation is mirrored in the density and depth of deposits at the Kweh-Kwuch-Hum archaeological sites. Sites such as Hiqelem, Raakes Point and Willoughby Point have an extraordinary amount of fire- cracked-rock (fcr) – much more than any other known settlement in the region. The magnitude of fcr at these sites has generated interest and speculation as to the causal activities. Without question, the abundance of cultural materials at these sites reflect – among other things – duration and intensity of occupation.

The village sites on Kweh-Kwuch-Hum are also important because they contain both styles of houses used during the pre-contact period; plankhouses and pithouses. It is rare to find both plankhouses and pithouses together and Hiqelem is the only known site in the Fraser Valley that demonstrates they were occupied contemporaneously. (p.9)

The ancient village and mortuary complex of Hiqelem is located on Chehalis IR6 on Kweh-Kwuch-Hum… Archaeological evidence and oral histories suggest the Chehalis have been continuously burying their dead at Hiqelem for at least 1,500 years; the modern cemetery of the Chehalis people residing on the terraced bank just up from the river is a monument to this. (p.16-17)

Although only recently discovered and studied, the site of Hiqelem is changing the way archaeologists perceive settlement design and organization within the Fraser Valley. Hiqelem, like many of the other settlements on the Harrison River has two distinct house styles, plankhouses and pithouses. Plankhouses are above ground structures constructed from large planks of cedar that can be up to 200 meters in length and 20 meters wide. Pithouses are semi-subterranean structures and range in size from approximately 6m to 12m in diameter. Hiqelem is the only site in the Fraser Valley that currently demonstrates

46 plankhouses and pithouses were used contemporaneously. Hiqelem is also unique for the sheer volume of fire cracked rock (fcr). Besides serving as an indicator of how many people would have lived and worked at the site over many hundreds of years, fcr was used at Hiqelem to modify the landscape. Throughout the occupational history of Hiqelem, fcr was used as a construction material to creat a higher living surface – in places, 2 meters higher than the original land surface. This effort to prevent seasonal inundation of the settlement represents a major multi-generational public works project by the inhabitants of Hiqelem. (p. 17)

Radiocarbon Dates Based on 7 radiocarbon sample dates taken from house floors and historic artefacts found on house floors it is clear the site of Hiqelem was inhabited from at least 1,500 BP and occupied continuously until the historic period. (p.20)

Dates presented in Table 1 show that many of the features tested thus far were occupied between 1,500 BP and 1,000 BP. It was during this time that the burial mounds behind the settlements would have been constructed. Over 50 mounds have been recorded, though none of them have been tested to positively identify them. This size of mortuary complex suggests the settlement of Hiqelem was already very large during this time because only the more elite members of society would have been interred in burial mounds. (p.20-21).

FN: Burial mounds were not excavated during this project, however, from research conducted at the Scowlitz site at the confluence of the Fraser and Harrison Rivers, the time period in which they were constructed has been determined to be between 1,600 BP and 1,100 BP. (p. 20)

Terra-forming & slough modifications Large scale land modifications to Hiqelem also make it a very unique site in the region. Whereas all the settlements on the northwest bank and on islands in the Harrison are subject to flooding by high water; over many hundreds of years (p.24) residents of Hiqelem created a landform 2 meters above the natural one.

47 This massive public works project served at least 3 purposes: 1) to elevate the houses off the river 2) to create terraces on which to build house features, and 3) to modify slough channels. (p.25) The effort to create a landform that would be dry from high water would have been a community effort maintained over generations.

Three slough channels have been modified at Hiqelem.

The ‘aboriginally’ logged tree at Hiqelem sits adjacent to the westernmost plankhouse in Area ‘A’. Characteristics of a tree that has been logged ‘aboriginally’ are: 1) the stump is high off the ground, 2) absence of platform notching, 3) Adze blade markings and 4) burning.

In summary, both oral testimony and independent scientific investigations confirm the importance of Kweh-Kwuch-Hum as a unique ‘cultural resource feature’.

48 ______4.0 SOCIAL IMPLICATIONS & BENEFITS There are many social benefits to this project. The main benefit in protecting Kweh- Kwuch-Hum, from Chehalis’ perspective, is certainty and peace of mind with respect to the practice of cultural spiritual traditions, notably activities associated with the Longhouse or ‘Winter Dance Ceremonial’. To have a place where aboriginal practitioners of smílha (associated with the Longhouses of Chehalis) can know with certainty will not be impacted by forest practices, a place that can be used as a repository area for ceremonial regalia, without fear of these sacred objects being disturbed or destroyed by logging activities is a great, collective, peace of mind that is difficult for non-practitioners of smílha to comprehend. Currently, there is no such certainty or peace of mind, only worry that someday, something unfortunate or devastating will happen.

“Many young dancers seek out isolated/remote areas in which to place their cedar life-poles. The process of placing a pole often involves tying it to a young sapling so that life-pole and tree become one with the passage of time. Similarly, the ‘training’ regalia of newly initiated dancers are generally deposited in these areas. These repository localities are secret. It is generally believed that disturbance, removal or destruction of a life-pole or an initiate’s costume can cause severe harm to befall both initiate and/or the responsible party.” (Mohs, 1987:83)

“These places are special. But if we don’t continue to look after them our people will continue to get harmed” (Sto:lo Elder T.G. in Mohs, 1987:72).

The importance of the cultural spiritual practice of Spirit Dancing or smílha cannot be overstated. The Chehalis have practiced this tradition since time immemorial, and there is strong archaeological evidence to suggest that this tradition is at least 5,000 years old (Mohs, 1991). It is a tradition shared with all the Coast Salish peoples. During the Potlatch Prohibition Period (1884 – 1951), there was a significant decline in participants, and in many Sto:lo communities the practice almost disappeared. There were some individuals and groups who persevered, Chehalis being notable among these. Chehalis was not impacted as much as other Sto:lo groups by the Potlatch Prohibition, because of their relative isolation. As a consequence, many Chehalis members continued to practice

49 the Winter Dance activities throughout this period. One of the areas frequented by practitioners for initiation rites during this period were caves on Mt. Woodside (Kelsey Charlie, personal communication). Only recently have these caves again been used by members of the Charlie Longhouse.

Prior to the Potlatch Prohibition, Chehalis had several active Longhouses, at least 5 on the west side of the Harrison River (Alex Paul, personal communication) and one on the east side of the River, near Willoughby’s (Kelsey Charlie, personal communication).

The general health and well-being of the Chehalis community, as a whole, is integrally linked with cultural spiritual practices associated with the Winter Dance Ceremonial. Practitioners are taught to follow a cultural and spiritual way of life. The benefits of such teachings include: • Reduction in drug and alcohol abuse in community and family life. • Reduction in crime. • Connection with generations: transfer of knowledge. • A strong sense of respect for traditional knowledge and teachings. • A connection with spirits of the ancestors. • An entrenched respect for the Elders in the community.

The Sts:ailes Lhawathet Lalem Youth Wellness Program 2001 for homeless /at-risk youth has a mission statement that highlights the importance of culture and how it contributes to the healing, health and wellness.

The Mission Statement For the First Nations people, community development is entwined with traditional, cultural and spiritual beliefs, which come from the land, teachings of the ancestors and from gifts of the Creator. From this foundation, Chehalis people understand this powerful medicine and healing that comes from the land, culture, spirituality and family. Culture is healing, through promoting the values, rituals and beliefs of our ancestors to help youth and their families to learn to take care of themselves in a good way.

50 Research along with consultations with Elders and youth regarding native culture(s) shows there is a direct link between Aboriginal self-determination and cultural continuity at the community level and the health of at risk/homeless Aboriginal youth.

Chandler & Lalonde’s (1998) research into Aboriginal youth suicide in BC demonstrates that at-risk Aboriginal youth are directly impacted by the degree to which to their home communities are engaged in the pursuit of self-determination and cultural continuity. “The alarmingly high rates of Aboriginal youth suicide exists in the environments devoid of processes which support cultural continuity and are almost non-existent within First Nations pursuing cultural continuity on many fronts.”

M. Kelly’s literature review (May 2007) on prevention of the Harmful Effects of Substance Use Among Aboriginal Peoples cites McIntyre (2001), “traditional ceremonies of adolescence can be used to teach youth to take care of themselves and to feel recognized within the community”. Zimmerman et al (1998) states enculturation is a protective factor for Aboriginal youth. Enculturation is defined as “the extent to which individuals identify with their ethnic culture, feel a sense of pride in their cultural heritage and participate in traditional cultural activities. In conclusion, M. Kelly states: “culturally sensitive interventions take into account both the diversity amongst Aboriginal peoples and individual levels of acculturation.” Chehalis pursues programming that provides culturally sensitive interventions, knowing that the impacts lead to success.

1998 Community Health Survey With over 310 members responding, the community survey highlighted the importance of culture and spiritual practices to community health and Chehalis priorities. The two highest responses for describing a healthy individual, family and community were: • Standing together with a strong culture and activities for the family • Health & spirituality traditions that include nutrition & exercise, cleanliness

“The top four qualities about our community and the people that make the community strong” were:

51 1. Closeness of family, togetherness, helping each other out 2. Family gatherings and sports 3. Culture, spirituality, strong teaching, traditional ways 4. Longhouse culture and community involvement

Program & service priorities for the Chehalis Health Program included: • Traditional teachings and healing • Halq’emeylem language and culture

Chehalis has traditionally taken a lead role in the greater Sto:lo/Coast Salish aboriginal community, with respect to Winter Spiritual Dance practices. Aboriginal people from all over the region have traditionally come to Chehalis to participate in Winter Dance activities. In 1976, the Chehalis Indian Band built the current Community Longhouse. Hundreds of aboriginal people from around the region were initiated in this house and underwent training on Kweh-Kwuch-Hum. Many of these people returned to their own communities and initiated the process of creating smokehouse spiritual traditions in their own communities. In recent years, traditional cultural spiritual activities have been expanded to include the rehabilitation of ‘residents’ at the local correctional facility, Kw’íkw’exwelhp. Corrections Canada has acknowledged a low rate of repeat offenders from this facility. In general, community well-being over the past 30 years has increased significantly, because of the cultural spiritual practices associated with the Longhouse.

Today, Chehalis has 3 active Winter Dance Longhouses. They are a focus of community activities throughout the winter months (from October Æ April). Children feel safe, not only attending the Longhouse, but in the community generally. Youth who attend the Longhouse learn traditional values, an important one being ‘learning to listen’. There has been a positive effect of this traditional value in the Community School. Notably, more and more youth are listening to their teachers. Moreover, because of their participation in singing in the Longhouse, many youth are leading singing groups outside of the longhouse.

52 Beneficial Impacts and Savings or Costs Avoided It is clear that cultural & spiritual practices are connected to community wellness and healthy living. The impacts can be considered in some of these following results: • Not being involved in crime or criminal just system • Avoiding substance abuse and suicide • Having healthy relationships • Contributing to community, such as by volunteering • Having strong families • Being employed • Succeeding in education

The following key facts illustrate some of the costs avoided and overall savings due to healthy individuals carrying out their cultural & spiritual practices: • Annual cost of imprisonment (Correction Service Canada): Men: $110,223 (maximum security); $71,640 (medium); $74,431 (minimum) Women: $150,867 • Supervising offenders on parole, etc.: $19,755/annum • Aboriginal men – 18% of male prison population; Aboriginal women – 28% of women prison population • Each youth who embarks on a life of crime – society faces a total cost of at least $200,000 (National Crime Prevention Council)

• Cost of crime in Canada, 1993: $16.6B to $38B/annually (Pembina Institute) • Suicide rates in Alberta among Aboriginal people – 45/100,000; general population 14.1/100,000 • Cost of suicide in Alberta in 2003 totaled $382 million • Substance abuse: Total cost of substance abuse for Canada is $28.45 Billion per year (optimistic figure); 1992 cost of illicit drug use in Alberta $135 million ($51/person) – prorated 2003 figure $161 million

53 • Cost of family breakdown – to adults and children: legal fees, counseling, separate residences, health costs, difficulties at school, work, personal relationships; 2003 Alberta $149 million • Cost of unemployment in Alberta 2003: $2.638 Billion, despite having the lowest unemployment rate in Canada

Other social benefits include • Traditional Longhouse teachings include knowledge of traditional medicines, which has benefits in terms of physical health. • There are many benefits of a mental health nature, especially among Chehalis youth. Traditional cultural spiritual values noticeable in youth who follow Longhouse practices include: o Confidence o Pride o Increased self-worth o Cultural identity o Spiritual and mental well-being.

There are also social benefits with respect to government – aboriginal relations, and non- aboriginal people generally, including: • An increased awareness by non-aboriginal Canadians of aboriginal cultural values, including an understanding, recognition of, and respect for traditional aboriginal cultural spiritual practices, including the acceptance of these values and practices as a ‘special right’ for Canada’s first people. • Establishing a sense of trust between aboriginal people and Government. • Ministry of Forest and Range representatives understanding the context of cultural spiritual practices in the aboriginal community. • MOFR representatives understanding aboriginal cultural, spiritual practices and how the Ministry of Forests mandate can coexist with these practices. • Greater stability in the forest industry. • Greater predictability with respect to culture and resource activities.

54 • Greater predictability with respect to forestry resources. • Fewer forest resources in conflict with aboriginal interests.

It is difficult, if not impossible, to adequately describe the scope of the social implications associated with protecting Kweh-Kwuch-Hum, in terms that can be properly understood from a non-aboriginal perspective. To truly understand the spiritual importance of a place of this nature, a place that is sxa:xa (sacred) to the people of another culture, one really has to understand that culture. What does anyone from mainstream society know about smílha? The answer is: very little. And that’s the way it will always be. Smílha is not a subject that is generally talked about.

“You have to be careful with what you tell others, especially things which should not be written about. This is spiritual knowledge and not meant to be taken away. You take anything away from the Great Spirit and you’re going to suffer for it. You have to be very careful when talking of things of spiritual power, like the winter spirit dance… because winter dancing is about the most powerful thing that ever came to earth… You have to be very careful with things to do with the smokehouse and what you say. Sometimes there may be five hundred to six hundred people there and they all have the same spirit… Some people who tell of some stories about sacred things are only hurting themselves and those they talk to… (excerpt of conversation with Sto:lo Elder Andy Commodore, in: Mohs, 1987:v).

To understand the social implications of what Kweh-Kwuch-Hum means to the Chehalis people, and to Xwelmexw people generally, one really has to understand Chehalis culture, community life, social history, human history, spiritual beliefs and practices. In the course of this ‘Policy Pilot Project’, members of the ‘Steering Committee’, notably representatives from the MFR and their families were invited to Chehalis to witness Spirit Dancing, including the removal of ceremonial regalia of initiate dancers. How can anyone adequately or properly describe what was witnessed? The answer is: one can’t. It is not something that is talked about. That is a teaching of the Longhouse.

Nothing that is said in this brief report can adequately describe the social importance of designating Kweh-Kwuch-Hum a special ‘Cultural Resource Feature’.

55 To better understand this subject and other pertinent spiritual practices associated with Kweh-Kwuch-Hum, and aboriginal cultural landscapes generally, it is strongly recommended the reader consult the following works:

1. Pamela Amos (1978), ‘Coast Salish Spirit Dancing: the Survival of an Ancestral Religion’, University of Washington Press.

2. Wayne Suttles (1960): ‘Spirit Dancing and the Persistence of Native Culture among the Coast Salish’: in ‘Coast Salish Essays’, Talonbooks, Vancouver, University of Washington Press, 1987.

3. Gordon Mohs (1987): Sacred Sites, Ethnic Significance and Native Spirituality: the Heritage and Heritage Sites of the Sto:lo Indians of British Columbia. M.A. Thesis on file at Department of Archaeology, Simon Fraser University, Burnaby, BC.

4. Gordon Mohs (1994): ‘Sto:lo Sacred Ground’: In: Sacred Sites, Sacred Places, One World Archaeology, Volume 23, pp. 184-207. David L. Carmichael, Jane Hubert, Brian Reeves and Audhild Schanche editors. Routledge Books, London, England.

5. Wilson Duff (1952): The Upper Stalo Indians of the Fraser Valley, British Columbia. Anthropology in British Columbia, Memoir No. 1, Royal British Columbia Museum.

6. Susan Buggey (2006), An Approach to Aboriginal Cultural Landscapes, Historic Sites and Monuments Board of Canada.

56 ______5.0 GOVERNMENT ACTIONS REGULATION ORDER (GAR) The legal framework of the Forest and Range Practices Act (FRPA) is dependent on government actions to establish land designations and objectives or measures for resource values. Government objectives can be established: • through land use objectives under the Land Act, • in regulation (e.g. Forest Planning and Practices Regulation), • through actions under authority of the Government Actions Regulation, and • through grand-parented objectives established under the Forest Practices Code.

The Government Actions Regulation Order (GAR) provides direction for establishment of localized land designations and features that require special management for certain forest values, such as First Nations cultural heritage resources. The GAR regulates how government establishes features or land designations, and the measures or objectives that pertain to the designated land areas.

Proposed actions under the GAR must meet specific tests to the satisfaction of the minister or delegate, including the requirement that: • the special management provided by the action is not already provided by FRPA or other legislation; • the action is consistent with established objectives in the area; • the action will not unduly reduce the supply of timber from BC’s forests; and • the action will provide public benefits that outweigh any material adverse impacts on delivered wood costs and any undue constraint on the ability of agreement holders under the Forest Act and Range Act to exercise their rights under agreement.

5.1 Are Government Actions Needed? The success of FRPA, and its ability to achieve government’s resource stewardship goals, depends on establishment of objectives, measures and features for resource values. Many

57 of these actions to establish the public interest in a value for the purposes of FRPA are enabled under the Government Actions Regulation. The respective ministry should determine whether there is a need for an action under GAR beyond legislative provisions that may already be in place, including other objectives and practices requirements under FRPA.

5.2 What are the Four GAR Tests? The limitations on actions specified in section 2 of GAR are generally referred to as GAR “tests”. The minister (or delegated decision-maker) must be satisfied that these tests have been met before a government action can be undertaken. Each test must be met before an action can be undertaken. The tests are set out in regulation, as follows:

Test 1: Requires special management The minister must be satisfied that the proposed action “requires special management not otherwise provided for under this regulation or another enactment”. Any pertinent special management that may be provided under FRPA or through existing government actions should be considered. Given these considerations, it is important to provide an explanation as to why special management is required, with particular attention to reasons why:

• existing FRPA provisions are not sufficient; and • no other enactment provides the special management that is needed for that value.

Test 2: Consistent with established objectives The minister must be satisfied that a GAR order is consistent with all established objectives. Established objectives can include any of the four types: land use objectives from the Land Act, objectives in FRPA regulations, objectives enabled by regulation, and objectives grand-parented by FRPA.

Test 3: Not unduly reduce the supply of timber of BC’s forests The minister must be satisfied that a government action does not unduly reduce the supply of timber from British Columbia’s forests. It is important that this test be

58 considered in light of government’s policy on the timber supply impact associated with forest practices legislation

Test 4: Public benefits outweigh adverse impacts on licensees The minister must be satisfied that the public benefits derived from an action outweigh any material adverse impact on delivered wood costs, and any undue constraint on the ability of a forest and range agreement holder to exercise their rights under agreement. A comprehensive multiple accounts socio-economic analysis is not intended as a requirement for meeting this test.

Derived public benefits Public benefits, including benefits to First Nations, may be social (including cultural), economic and environmental in nature. These benefits may be quantitatively or qualitatively described. Quantification of benefits may be possible where estimates of use or investment can be reasonably obtained through existing information or reliably attained through review and comment.

It is important to respect that some public benefits cannot be readily quantified. For example, there are public benefits associated with protecting a species at risk, or a cultural heritage value, even where there is no direct public use of those resources.

Sources of information for describing public and First Nations benefits can include: • the reason for undertaking the government action; • comments received through the consultation and review process; • documents supporting government’s land use policy, particularly information on the public interests in the value or area of a proposed action; • comments received in review of Forest Stewardship Plans; • inventory documents which may provide information about potential public benefits; and

59 • agency analysis of the public interest in, or derived from the value, or delivered as an outcome of the action.

Material adverse impact on delivered wood costs Test 3 discussed above assesses broader timber supply impacts but does not address localized operational impacts that may affect one or more forest licensees. This component of Test 4 captures this potential impact. “Delivered wood costs” are defined in s. 1 of the FPPR to “mean the costs associated with accessing and harvesting timber and delivering it to a timber processing facility”.

Affected Forest Act agreement holders should be asked to provide input on:

• whether they believe there would be a material adverse impact on their delivered wood costs, and how it is manifest, • what the impacts are expected to be, • how the proposed action would impact these costs, and • how the proposed order could be modified to mitigate impacts.

Note that the test is a “material adverse impact” not just an “adverse impact”. A “material” effect is often defined as a “highly important” or “significant” effect. The “significance” of a delivered wood cost increase may not always be related to the magnitude of the increase. Small increases in delivered wood cost may be “significant”.

Undue constraint on the ability of an agreement holder to exercise their rights The review and comment process can provide information on how the proposed order may have an undue constraint on the ability of an agreement holder to exercise government granted rights under the Forest Act or Range Act. The rights granted to forest or range licensees are tenure rights to harvest a specified volume of timber or utilize an amount of forage, within a given area over a specified period of time.

60 Do the public benefits to be derived from the order outweigh adverse impacts? Determining if derived public benefits outweigh expected material adverse impacts will ultimately be a qualitative judgment, but should be supported by quantified estimates where reasonable to do so. While it is unlikely that the public benefits will be measurable in equivalent units (like dollars), it may be possible to make quantitative estimates for some of the more important factors. In each of the considerations under section 2(1)(c) of the regulation it is important to note that the public benefits are to be considered against:

• any material adverse impact of the order on delivered wood costs, and • any undue constraint on the ability of an agreement holder to exercise tenure rights.

There must be a finding that the action will have a reasonable potential to cause impact or constraint before there is a need to consider the public benefits that derive from the order. If a decision maker does not consider the impact on delivered wood cost to be material and adverse, or the constraint on ability to exercise tenure rights to be undue, then the consideration against the public benefits is not required.

5.3 Consultations and Review First Nations consultation policy and guidelines are updated from time to time. The most current documents should be considered during preparation of an order. Section 3 (2) of the Government Actions Regulation (GAR) specifies a requirement to consult with forest and range tenure holders where an order may have: • an undue constraint on the ability to exercise rights under the Forest Act or Range Act; and • a material adverse impact on delivered wood costs for agreement holders under the Forest Act.

61 5.4 Notice of an Order Section 4(1) of the regulation requires that notice of an order be given before the order has legal effect. Section 4(2) states that notice is sufficiently given if the notice includes a copy of the order or contains particulars or a summary of the order and is: • posted on website of the ministry of the minister or DDM who takes the action, • published in the Gazette, and • made publicly available at the regional office of the forest region to which the order relates. Note that this means all notices or orders, regardless of the ministry who undertakes a government action, must be available at the applicable MOFR regional office.

A copy of the order should be provided in the notice except for complex orders, where the notice would contain a summary and would indicate where a copy of the order can be obtained (e.g. website location).

5.5 Varying or Canceling a GAR Order The minister or delgate responsible for undertaking a government action also have the authority to vary or cancel an action. There are no specific regulatory provisions in regulation related to varying or canceling a government action. Four types of situations may arise: • correcting a minor error in the order; • minor variation to the order; • major variation to the order; and • canceling an order.

5.6 Kweh-Kwuch-Hum (Mt Woodside) GAR Order Rationale Under Section 5 (1) (e) of the GAR the minister or delegate by order may identify a cultural heritage resource, resource feature. The cultural heritage resource must be the focus of a traditional use by an aboriginal people which is not regulated by the Heritage Conservation Act. Following in Table 1 is the rationale summary outlining the delegated decision maker’s

62 considerations with respect to the approval of the Order to Identify a Cultural Heritage Resource, Resource Feature on Mt. Woodside (Kweh-Kwuch-Hum) for the Chilliwack Forest District.

Table 1: Summary of considerations in meeting GAR tests for the Order to Identify a Cultural Heritage Resource, Resource Feature on Mt. Woodside (Kweh-Kwuch- Hum) for the Chilliwack Forest District

GAR test Summary of considerations in meeting tests Criteria for Is the delegated decision-maker satisfied that the proposed individual GAR action meets the criteria specified in the relevant section of the actions regulation (e.g. fisheries sensitive watersheds, temperature sensitive streams)?

The relevant section of the GAR is Section 5 (1) (e). The minister or delegate may identify the following as a resource feature in relation to a specified area - a cultural heritage resource that is the focus of a traditional use by an aboriginal people and that is not regulated by the Heritage Conservation Act.

• Kweh-Kwuch-Hum (KKH) is a spiritual place integral to the cultural spiritual practices and traditions of the Chehalis people. It is also an important area for other neighbouring communities who practice Coast Salish traditional culture.

• At the centre of Chehalis cultural spiritual practices, past and present, is the ceremonial Longhouse. This is where much of the community’s cultural spiritual practices occur. Several of these practices are associated with Kweh-Kwuch-Hum including the Winter Dance Ceremonial, questing sites and ceremonial areas.

• The Heritage Conservation Act primarily covers sites pre- 1846. There are limited provisions for protection of post-1846 sites. but they are very limited and do not apply here (see Test 1 below).

Special management Do other FRPA provisions provide the special management to (Test 1) conserve the value in the area(s) of concern? Do other enactments conserve the value in the area(s) of concern?

63 Do existing government actions provide the special management for this value in this location?

The Heritage Conservation Act primarily covers sites pre-1846. There are limited provisions for protection of post-1846 sites and they do not apply here. Following is an excerpt from the KKH Report (2008):

In British Columbia, aboriginal heritage sites are protected under the Heritage Conservation Act (1979). This legislation is administered by the Archaeology Branch, Ministry of Tourism, Sports and Art. The focus of this legislation is the protection of ‘archaeological’ heritage resources (e.g., tangible evidence of aboriginal peoples predating 1846). There is limited provision for the protection of aboriginal ‘spiritual sites’.

Section 4 of the Heritage Conservation Act (Appendix 3-3) contains special provisions for the protection of sites of a spiritual nature, which may be enacted under a formal agreement between the province (through the office of the Lieutenant Governor in Council) and a First Nation. Section 4(a) notes that an agreement made under this section may include:

“…heritage sites…that are of particular spiritual, ceremonial, or other cultural value to the Aboriginal people…”

(Excerpted from the Kweh Kwuch Hum (Mt. Woodside) Pilot Policy Project Report, 2008)

Consistent with Is the proposed action consistent with: established • Land use objectives objectives (Test 2) • Objectives in regulation • Other objectives established under authority of the GAR • Grand-parented objectives

Yes, this proposed action is consistent with the above government actions in the area.

64 Not unduly reduce Is the action consistent with government’s timber supply the supply of timber impact policies? of BC forests (Test Is the action consistent with the timber impact policy 3) associated with the government approved land use plan or Cabinet approved policy that is applicable in the area of the action?

Yes, the action is consistent with the government’s timber supply impact policies. There currently are no “caps” on CHRs and the impact of this order on the provincial availability of timber is negligible.

An analysis of the impact even for the order area is insignificant too, as the majority of the area remains available for harvest. Only 172 hectares of the 832 hectares of contributing forest is not available for harvest, except under rare circumstances as specified in the GAR Order.

Public benefits (part What are the public benefits that may be derived from the of Test 4) order? How does the order address public and First Nation interests in the area of the action?

There are many social benefits to this project. The main benefit in protecting Kweh-Kwuch-Hum, from Chehalis’ perspective, is certainty and peace of mind with respect to the practice of cultural spiritual traditions, notably activities associated with the Longhouse or ‘Winter Dance Ceremonial’. To have a place where aboriginal practitioners of smílha (associated with the Longhouses of Chehalis) can know with certainty will not be impacted by forest practices, a place that can be used as a repository area for ceremonial regalia, without fear of these sacred objects being disturbed or destroyed by logging activities is a great, collective, peace of mind that is difficult for non- practitioners of smílha to comprehend. Currently, there is no such certainty or peace of mind, only worry that someday, something unfortunate or devastating will happen.

65 time. Similarly, the ‘training’ regalia of newly initiated dancers are generally deposited in these areas. These repository localities are secret. It is generally believed that disturbance, removal or destruction of a life-pole or an initiate’s costume can cause severe harm to befall both initiate and/or the responsible party.” (Mohs, 1987:83)

“These places are special. But if we don’t continue to look after them our people will continue to get harmed” (Sto:lo Elder T.G. in Mohs, 1987:72).

66 Today, Chehalis has 3 active Winter Dance Longhouses. They are a focus of community activities throughout the winter months (from October Æ April). Children feel safe, not only attending the Longhouse, but in the community generally. Youth who attend the Longhouse learn traditional values, an important one being ‘learning to listen’. There has been a positive effect of this traditional value in the Community School. Notably, more and more youth are listening to their teachers. Moreover, because of their participation in singing in the Longhouse, many youth are leading singing groups outside of the longhouse.

Other social benefits include: • Traditional Longhouse teachings include knowledge of traditional medicines, which has benefits in terms of physical health.

• There are many benefits of a mental health nature, especially among Chehalis youth. Traditional cultural spiritual values noticeable in youth who follow Longhouse practices include: o Confidence o Pride o Increased self-worth o Cultural identity o Spiritual and mental well-being.

It is clear that cultural & spiritual practices are connected to community wellness and healthy living. The impacts can be considered in some of these following results: • Not being involved in crime or criminal just system • Avoiding substance abuse and suicide • Having healthy relationships • Contributing to community, such as by volunteering • Having strong families • Being employed • Succeeding in education

The following key facts illustrate some of the costs avoided and overall savings due to healthy individuals carrying out their cultural & spiritual practices:

• Annual cost of imprisonment (Correction Service Canada): Men: $110,223 (maximum security); $71,640 (medium); $74,431 (minimum) Women: $150,867

67 • Supervising offenders on parole, etc.: $19,755/annum

• Aboriginal men – 18% of male prison population; Aboriginal women – 28% of women prison population

• Each youth who embarks on a life of crime – society faces a total cost of at least $200,000 (National Crime Prevention Council)

• Cost of crime in Canada, 1993: $16.6B to $38B/annually (Pembina Institute)

• Suicide rates in Alberta among Aboriginal people – 45/100,000; general population 14.1/100,000

• Cost of suicide in Alberta in 2003 totaled $382 million

• Substance abuse: Total cost of substance abuse for Canada is $28.45 Billion per year (optimistic figure); 1992 cost of illicit drug use in Alberta $135 million ($51/person) – prorated 2003 figure $161 million

• Cost of family breakdown – to adults and children: legal fees, counseling, separate residences, health costs, difficulties at school, work, personal relationships; 2003 Alberta $149 million

• Cost of unemployment in Alberta 2003: $2.638 Billion, despite having the lowest unemployment rate in Canada

Other social benefits include: • Traditional Longhouse teachings include knowledge of traditional medicines, which has benefits in terms of physical health.

There are also social benefits with respect to government –

68 aboriginal relations, and non-aboriginal people generally, including:

• An increased awareness by non-aboriginal Canadians of aboriginal cultural values, including an understanding, recognition of, and respect for traditional aboriginal cultural spiritual practices, including the acceptance of these values and practices as a ‘special right’ for Canada’s first people.

• Establishing a sense of trust between aboriginal people and Government.

• Ministry of Forest and Range representatives understanding the context of cultural spiritual practices in the aboriginal community.

• MFR representatives understanding aboriginal cultural, spiritual practices and how the Ministry of Forests mandate can coexist with these practices.

• Greater stability in the forest industry.

• Greater predictability with respect to culture and resource activities.

• Greater predictability with respect to forestry resources.

• Fewer forest resources in conflict with aboriginal interests.

It is difficult, if not impossible, to adequately describe the scope of the social implications associated with protecting Kweh- Kwuch-Hum, in terms that can be properly understood from a non-aboriginal perspective. To truly understand the spiritual importance of a place of this nature, a place that is sxa:xa (sacred) to the people of another culture, one really has to understand that culture. What does anyone from mainstream society know about smílha? The answer is: very little. And that’s the way it will always be. Smílha is not a subject that is generally talked about.

69 dance… because winter dancing is about the most powerful thing that ever came to earth… You have to be very careful with things to do with the smokehouse and what you say. Sometimes there may be five hundred to six hundred people there and they all have the same spirit… Some people who tell of some stories about sacred things are only hurting themselves and those they talk to… (excerpt of conversation with Sto:lo Elder Andy Commodore, in: Mohs, 1987:v).

To understand the social implications of what Kweh-Kwuch-Hum means to the Chehalis people, and to Xwelmexw people generally, one really has to understand Chehalis culture, community life, social history, human history, spiritual beliefs and practices. In the course of this ‘Policy Pilot Project’, members of the ‘Steering Committee’, notably representatives from the Ministry of Forests & Range and their families were invited to Chehalis to witness Spirit Dancing, including the stripping of initiates. How can anyone adequately or properly describe what was witnessed? The answer is: one can’t. It is not something that is talked about. That is a teaching of the Longhouse.

Nothing that is said in this brief report can adequately describe the social importance of designating Kweh-Kwuch-Hum a special ‘Cultural Resource Feature’.

(Excerpted from the Kweh Kwuch Hum (Mt. Woodside) Pilot Policy Project Report, 2008)

Material adverse Has the information acquired through consultation with impacts on delivered affected agreement holders been considered? wood costs (part of Are the impacts on delivered wood costs considered to be Test 4) material and adverse? And, if so, to what extent? What changes to the action have been undertaken to address identified, material adverse impacts on delivered wood costs? The information received through the review and comment period with agreement holders was considered. Nothing brought forward indicated a material or adverse impact on delivered wood costs. Most of the responses were of a favourable nature. No further consultation therefore was undertaken with the agreement holders (forest licensees).

One general comment brought forward reflected back the District’s already stated commitment (made January 14th, 2008

70 during the GAR Order presentation to the Fraser Cooperative Association) to work with Integrated Land Management Bureau and revisit old growth management areas boundaries to better align them with the “high” areas in the GAR Order. Undue constraint on Has the information acquired through consultation with the ability of an affected agreement holders been considered? agreement holder Are the constraints on the ability of the agreement holders to (part of Test 4) exercise rights under the agreement considered to be undue? And, if so, to what extent? What changes to the action have been undertaken to address identified, undue constraints on the ability of the agreement holder to exercise their rights under agreement?

No undue constraints on an agreement holder were brought forward during the presentation to the licensees, January 14th, 2008, or the review and comment period.

One licensee noted that the Scowlitz woodlot appeared to be covered by the GAR Order. This was not the case, as the boundary was intended to exclude this area and all private land.

Public benefits Describe why it is believed that public benefits outweigh any outweigh any material adverse impact on delivered wood costs and undue material adverse constraint on the ability of agreement holders to exercise their effects and undue rights. constraints (Test 4)

No materially adverse impacts were identified.

The “high” area of the GAR Order represents a very small reduction, less than 0.06%, of the Chilliwack Forest District’s contributing forest landbase (the area currently considered available for harvest).

KKH is also recognized by the licensees as a very important area for the Chehalis, as noted in several of the review and comment responses. Providing certainty for the Chehalis here is seen as a benefit to the licensees in both providing more certainty on the landbase and in strengthening their relationships with the community.

71 ______6.0 Recommendations & Learnings

1. That Chehalis Indian Band and Chilliwack Forest District (CFD) commit to revisit this work annually or as required to evaluate the effectiveness of the implementation of the Government Actions Regulation Order and the working relationship.

2. That Chehalis Indian Band and CFD start a dialogue to explore and determine an area-based tenure, according to the principles outlined in the Policy Pilot Project.

3. That Chehalis Indian Band and CFD continue to promote the awareness of Chehalis cultural and spiritual practices with industry and government partners.

4. That Chehalis Indian Band and CFD share the learnings regarding the Policy Pilot Project model with government agencies and other First Nations: o That such pilot projects recognize the value of using a neutral facilitator; o That future project participants develop a terms of reference and framework as a foundation for working together; o That future participants do not push the timeline and sacrifice the process to artificial deadlines; o That a communication strategy is developed and in place at the beginning; o That the project committee hold consultations before, during and near the end of the process to answer questions and receive input; o That all participants enter the process with no pre-set outcome in mind; o That a Steering Committee be composed of decision-makers which would help make the process easier; o That a table is set and committee members eat together during day-long meetings; o That participants maintain the process through having an open relationship and committing to follow-up regularly on project progress and learning.

5. That future project participants develop an understanding and agreement on communication whereby certain information is kept internal and confidential to the committee and other types of information is presented when needed.

6. That a project component is to hold events outside the Steering Committee meetings to: o Build trust with the community through participation in events; o Respond to the invitation to observe spiritual practices and traditional territory; o Recognize that to really understand the culture is to understand the initiative; o Include senior officials from the First Nation and government in these activities; o Have ceremonies and interaction that follow traditional cultural practices.

7. That at the outset First Nations need to have the capacity to interact with Ministry of Forest & Range (MFR), including some technical knowledge that supports understanding the roles and responsibilities.

8. That MFR assists in capacity development with First Nations in similar projects to support effective working relationships.

9. That participants have some level of trust before embarking on the project.

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