Evidence on the Adequacy of First Nations Consultation - BC Hydro ...

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DRAFT REPORT: Rights and Title Interests in the Columbia Valley Transmission Project Area relocation to the Columbia Valley, for on previous visits to the area they may have noticed an abundance of furs and pelts. 122 The reason for the move is entirely plausible. 2.2 The Kinbasket Migration Disagreement on the history of the Kinbasket Shuswap has contributed to tense relations between the Ktunaxa and the Shuswap Indian Band in recent years and to charges of the KFN’s superior attachment to the country. An example of such claims can be found in the November/December 2008 issue of Ktuqcqayam, presented as the official newsletter of the Ktunaxa Nation. Speaking of the Ktunaxa Nation’s opposition of the Jumbo Ski Resort and the Kinbasket Shuswap’s agreement with the resort developers, the Ktunaxa Nation Chair, Chief Sophie Pierre, is quoted as saying in October 2008: The Kinbasket people do not have the same level of history or commitment to our traditional territory…Our creation story is quite clear that Ktunaxa have a responsibility to be stewards of the land, and we take that role seriously. 123 Pierre’s reference to the “same level of history” relates undoubtedly to the contentious issue of the so-called Kinbasket migration, particularly the timing of the relocation of a small group of individuals whose descendants created the current Shuswap Indian Band. The two opposing positions, as presented by community leaders and presented in reports commissioned by the respective First Nations are set out below in sections 2.2.1 and 2.2.2. Along with a summary of each opinion is a discussion of the data upon which the opinion is based. 2.2.1 The Contemporary View of the Kinbasket Migration As Provided by the Shuswap Indian Band and the Ktunaxa Nation The Ktunaxa view of the Shuswap Indian Band’s history is included in statements on the cultural affiliation of Ktunaxa Nation Council members, available on the website of the Ktunaxa First Nation. Here they states: The majority of Ktunaxa Nation citizens originate from the Ktunaxa or Kootenai culture. However, the Nation also contains descendants of the Kinbasket family, a small group of Shuswap (Secwepemc) people who journeyed east from Shuswap territory in the mid-1800's into Ktunaxa 122 Shuswap Indian Band 2008, page 30. 123 http://www.ktunaxa.org/ktuqcqakyam/documents/NovDec2008issue_000.pdf; Chief Pierre’s statement was also circulated in an October 20, 2008 press release: http://www.ktunaxa.org/news/documents/2008-10-20- MediaRelease.pdf. Accessed October 5, 2009. Bouchard & Kennedy Research Consultants Page 25 Page 28 of 200
DRAFT REPORT: Rights and Title Interests in the Columbia Valley Transmission Project Area territory looking for a permanent home. Ktunaxa leadership allowed the Shuswap Kinbasket people to stay in Ktunaxa territory where they eventually settled in the Invermere area and became members of the Ktunaxa Nation. 124 Thus, it is the view of the Ktunaxa Nation that: a) the Kinbasket Shuswap came from the west to Ktunaxa territory; 2) the migration occurred in the mid-1800s; and 3) the Ktunaxa permitted the Shuswap to establish residency in the Invermere area. In 2007 Brian Robertson of Vancouver, 125 on behalf of the Ktunaxa First Nation, also examined the Kinbasket migration in a report prepared as part of consultation requirements with the Ktunaxa Nation concerning their current and traditional use of the Duncan – Lardeau region, an area proposed for the hydroelectric development. Robertson undertook a review of historical documentation and ethnographic studies; he conducted no interviews with members of his client’s Nation. 126 The Robertson report concludes that the Kinbasket migration occurred during the time of Paul Ignatius Kinbasket, sometime before 1840 and as a result of a peaceful arrangement made with the Ktunaxa. This report also opines that the Shuswap were at Boat Encampment in 1811, 127 were “transiting and even hunting in northern portions of Ktunaxa traditional territory since at least the 1820s,” 128 and, in the Summary of Findings, concludes that the Kinbasket settlement in the Columbia Lakes was “likely” in the mid-1840s. 129 However the author also states that the “documentation located is tantalizingly inconclusive about whether or 124 http://www.ktunaxa.org/who/index.html. Accessed September 16, 2009. 125 Brian Robertson, Vancouver [No affiliation given]. The Ktunaxa First Nation and the Duncan – Lardeau Region: a Comprehensive Survey of Historical Documentation Relating to Aboriginal Use and Interest. Prepared on behalf of the Ktunaxa First Nation, 2007. 43pp. Available online: http://a100.gov.bc.ca/appsdata/epic/documents/p282/d30019/1243973252230_2a1586e8d579998eae738cd87064fab 12176cfc051ed407d456a922c101567f0.pdf; accessed 3 November 2009. 126 Robertson 2007, page 1. This report also relies on another report said to have been prepared by M. Keefer et al. (2004), but the reference is missing from the bibliography. 127 Robertson 2007, page 23. Robertson points to Shelagh Dehart’s 2006 book The Kinbasket Migration for evidence in support of this statement. However, as discussed earlier in the present report, Thompson’s own journals to not support this statement. 128 Robertson 2007, page 22. The evidence in support of this statement is given as Father de Smet’s 1845 meeting of the Canadian trapper/ hunter Morigeau who was seen with his “companions of the chase, the Shooswaps.” The author also references the Journals of the Thompson River post and Jasper House, but provides no precise citations from these materials, or any specific journal entries. 129 Robertson 2007, page 39. Bouchard & Kennedy Research Consultants Page 26 Page 29 of 200
Page 1 and 2: Janet L. Fraser Director, Regulator
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DRAFT REPORT: Rights and Title Inte
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BC hudro m FOR GENERATIONS Chris He
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BC hydro m FOR GENERATIONS Chris He
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BC hydro en FOR GENE RATION S Chris
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BC hydro FOR GENERATION S Chris Hea
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BC hydro m FOR GENERAT IONS Chris H
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TERMS OF REFERENCE (TR) CVT - Archa
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TERMS OF REFERENCE (TR) PART 1 - TE
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TERMS OF REFERENCE (TR) existing ac
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TERMS OF REFERENCE (TR) at the begi
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J ./ FOR GENERATIONS Chris Heard BC
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BC hgdro m FOR GENERATIONS Chris He
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BC hydr-o m FOR GENERATIONS Chris H
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BC hudro m FOR GENERATIONS Chris He
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KTUNAXA NATION COUNCIL BCTC RESPONS
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KTUNAXA NATION COUNCIL BCTC RESPONS
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3 Section 4.4.2.1 Canyon Creek- Rep
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3, 4 & 5 Just north of the Frances
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Wildlife and Wildlife Habitat 1 The
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THE KTUNAXA NATION AND THE UPPER CO
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THE KTUNAXA NATION AND THE UPPER CO
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3. APPROACH OF THIS STUDY The main
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BEC: ICH only; wet and cool Wildlif
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Figure 2. Traditional territory of
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The Inissimi Complex was defined fo
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Another group of Ktunaxa, the Qatmu
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Perhaps the greatest of these impac
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The first trading post in Ktunaxa t
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the Tobacco Plains area for three m
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Callesauilk [Upper Kootenays] 91 12
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Kinbaskit, the Chief, who is nearly
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little in the way of fresh insights
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three of their children including F
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Although these accounts confirm tha
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Fig. 4 - From Flanagan’s Indian T
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12. ETHNOGRAPHIC ASSESSMENTS OF TER
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2. James Teit Around the turn of th
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Another example comes from a map as
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The Columbia Lakes moved down the C
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9. Ktunaxa Territory, according to
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Salmon played an important part in
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6. Allan Smith In 1984, on behalf o
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6. Randy Bouchard and Dorothy Kenne
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BIBLIOGRAPHY for KTUNAXA AIUS -THE
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California: The Arthur H. Clarke Co
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