Yale treaty is B.C.’s toughest test yet

Aboriginal Relations Minister Mary Polak

VICTORIA – The treaty with the Yale First Nation in the Fraser Canyon was hastily approved as the B.C. legislature adjourned for the summer last week.

This treaty was by far the most significant work of the legislature session, and it may make or break the hugely expensive B.C. treaty effort. Yet it received all of four hours of debate during the abbreviated spring legislature session and will probably get little attention when it reaches the House of Commons for final approval.

A few eyebrows were raised when Chief Justice Lance Finch of the B.C. Court of Appeal entered the legislature to give royal assent to the treaty and a handful of other bills. This would normally be the duty of Lt.-Gov. Steven Point, but he was on a four-day visit to promote literacy at reserves in the Quesnel and Williams Lake area.

I’m advised by the lieutenant-governor’s staff that this trip had been scheduled for some time, and his absence had nothing to do with the treaty awaiting his signature. It is purely a coincidence that Point is a former tribal chair of the Sto:lo Nation, which sent a delegation to the legislature to protest the Yale treaty just before it was tabled.

The only substantive scrutiny of the treaty, and the only vote against it, came from independent Cariboo North MLA Bob Simpson. He stressed that he supports the Yale’s right to a treaty, but detailed the Sto:lo’s objections.

Their central objection is that the 150-member Yale band is an arbitrary creation of the Indian Act, a splinter group of the larger Sto:lo Nation. The treaty formalizes the Yale’s control over key canyon fishing and rack drying sites that were vital to survival for thousands of years.

Ottawa outlawed transfer of native hereditary property rights in its notorious potlatch law of 1884, and native fish sales in 1888. This disrupted whatever order had been imposed by Sto:lo clans on the fishing sites. Some Sto:lo people were moved south to reserves in the Fraser Valley, where they were expected to abandon their traditional ways and become farmers.

Sto:lo Nation president Joe Hall put it to me this way: “I don’t want to be like Donald Trump and look at people’s birth certificates, but the Yale are a Sto:lo band. They would have been chased out of there a long time ago if they weren’t.”

In the treaty debate, Simpson put it to Aboriginal Relations Minister Mary Polak that the federal and provincial governments have resorted to a “first-past-the-post” system to force progress on treaties. He said the tiny Yale community gets a huge advantage by completing a treaty, while some Sto:lo bands remain at an early stage of negotiations and still others aren’t in treaty talks.

Polak cited a section that is now standard in modern treaties. It protects the constitutional rights of other aboriginals where a court upholds a claim to Yale territory, which they will soon own as fee-simple property.

Polak insisted the Yale treaty will ease tensions in the disputed fishing sites, where violent incidents have taken place. She argued that exclusive access to the main areas of dispute was long ago included in the Yale’s original reserves. The treaty will provide a process for temporary access by other people, native and non-native.

We will see if she is right, perhaps as early as this summer.

There are two regions of B.C. where the encroachment of European settlers led to shooting wars with aboriginal people. One was the Cariboo-Chilcotin and the other was the Fraser Canyon.

Tom Fletcher is legislative reporter and columnist for Black Press and BCLocalnews.com

www.twitter.com/tomfletcherbc

Just Posted

Sailings filling up on Northern Sea Wolf

There is a strong demand for the service

New ownership group presents Mount Timothy Resort plans

‘More activity and more people on the hill means more fun’

Thunderstorms in forecast for much of Cariboo Chilcotin

Special weather statements, concerns of flash flooding, for southern B.C. regions

Two Nuxalk artists awarded YVR Art Foundation scholarships

Several Nuxalk artists have won the award, some more than once

Concerns over democracy as Senate committee votes to nix oil tanker ban

Critics of the Senate’s recommendation to kill Bill C-48 say it goes against popular will

REPLAY: The best videos from across B.C. this week

In case you missed it, here’s a look at the replay-worth highlights from this week in the province

Mistrial declared in Jamie Bacon murder plot trial

Bacon was on trial for counselling to commit the murder of Person X

B.C. VIEWS: Money-laundering melodrama made for TV

Public inquiry staged to point fingers before 2021 election

Canadian homebuyers escaping high housing costs by moving to secondary cities

In British Columbia, exurbs have grown in the Hope Valley and Kamloops

Feds lay out proposed new rules for voice, video recorders in locomotives

Transport Canada wants to limit use of recorders to if a crew’s actions led to a crash

Raptors beat Bucks 100-94 to advance to franchise’s first-ever NBA Finals

Leonard has 27 points, 17 boards to lead Toronto past Milwaukee

Third person charged in death of B.C. teen found in torched SUV

Inderdeep Kaur Deo facing charge of accessory after the fact to murder

Kamloops girl, 9, recovering from carbon monoxide poisoning now out of ICU

Her mother who was sleeping in the same tent with her did not survive

‘I think he’s still alive’: B.C. mom pleads for help finding son last seen a month ago

Family offering $5,000 reward for information leading to the safe return of Tim Delahaye

Most Read