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

Evidence on the Adequacy of First Nations Consultation - BC Hydro ... 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 hunting grounds, although it seems they did not have permanent settlements there until about 70 years ago [c. 1840]. 174 While Teit considered the Kinbasket community to be mostly from the North Thompson, surveyor Walter Moberly of the Columbia River Exploring Expedition was told by Chief Kinbasket, himself, that his people came from Little Shuswap Lake. Mobertly met with Chief Kinbasket 175 on September 1 st , 1866 at “Kinbasket’s fishing station” located near Spillamacheen, south of Golden. Concerning his meeting with Chief Kinbasket, Moberly wrote: These Indians are a portion of the Shuswap tribe (from Little Shuswap Lake), and settled here about 20 years ago [c. 1846]. . . .The following information I obtained from Kinbaskit, the chief of the Shuswaps, who is the most intelligent Indian I have met with, and from what I saw of the country both before and after he left me, has a thorough knowledge of the country from Wild Horse Creek to the Boat Encampment, and thence to Colville… 176 Hence, Moberly learned directly from Chief Kinbasket that his people arrived in the mid-1840s and that he was familiar with the country at least as far north as the Boat Encampment and as far down the Columbia River as Kettle Falls (Washington State). It is our opinion that Chief Kinbasket’s statement directly to Moberly is very credible. At the time of the first visit of the Columbia River Exploration party in October 1865, Kinbasket was described as “nearly always encamped about the headwaters of the Columbia” where he had “made a horse trail from the mouth of Toby Creek.” 177 On 29 th August 1866, Moberly followed a trail along the east side of the upper Columbia Lake [now known as Columbia Lake]. He notes in his journal that about a mile beyond the north end of this lake he encountered “ a large 174 James Teit (1910-1913). Notes to Maps of the Pacific Northwest. American Philosophical Society Library, Philadelphia. Boas Collection 372, Roll 4, No. 1, Item 59 (copy held by the BC Archives, Victoria. Add. Mss. 1425, Microfilm A-239). 175 This seems to be the father of Chief Pierre Kinbasket (b. 1835). Moses Kinbasket [said to have been born in 1860 according to the 1911 census ( http://data2.collectionscanada.ca/1911/pdf/e001937872.pdf)] stated that his grandfather “Peter Kinbasket” died when he was four years old. The census likely rounded this man’s birth date and Mr Kinbasket could be mistaken about how old he was when this death occurred. 176 Walter Moberly (1866), In, British Columbia (1869). Columbia River Exploration, 1866: Reports and Journals Relating to the Government Exploration of the Country Lying Between the Shuswap and Okanagan Lakes and the Rocky Mountains. Government Printing Office: Victoria BC. Journal of the second year’s work…[28 March 1866-13 September 1866. Pp. 17-18]. 177 James Turnbull (1865), In, British Columbia (1866). Columbia River Exploration, 1865-6: Reports and Journals Relating to the Government Exploration of the Country Lying Between the Shuswap and Okanagan Lakes and the Rocky Mountains. Government Printing Office: Victoria BC. Mr. Turnbull’s Journal [20 July 1865-29 November 1865]. Page 32. Bouchard & Kennedy Research Consultants Page 41 Page 44 of 200

DRAFT REPORT: Rights and Title Interests in the Columbia Valley Transmission Project Area encampment of Kootenay Indians, who were engaged curing salmon, which are caught in great abundance here….” 178 Indian Commissioner Peter O’Reilly, after meeting with the Kinbasket Band in August 1884, confirmed the date of mid-1840s for the migration of the Band. Writing to the Superintendent General of Indian Affairs, O’Reilly stated that he had visited “a band of Indians, offshoots of the Shuswap tribe near Kamloops, who, under the leadership of a chief named Kinbasket some forty years ago [c. 1844] migrated from Shuswap, and settled in the Columbia Valley.” 179 Importantly, O’Reilly noted that these people had maintained their Shuswap language and identity, despite being intermarried in the 1880s with the Kutenai. O’Reilly set aside a 2,700 acre Indian Reserve for the Shuswap Band, descendants of Kinbasket, just north from the northern end of “Lower Columbia Lake” [Columbia Lake] and on the east side of the Columbia River. 180 The date of the Kinbasket migration varies from source to source. The 1910 edition of the Handbook of North American Indians stated that it was about 60 years prior to the volume’s publication, i.e., c. 1850, when Kinbasket settled among the Kutenai. 181 This is also the date (c. 1850) that former HBC man and Indian Agent J.W. Mackay provided to George Dawson. 182 Moberly’s estimate of c. 1846 should be given weight, inasmuch as he actually met with Chief Kinbasket in September 1866 and obtained this information directly from him. In 1884, George Dawson stated that the “colony of Shuswap …in the midst of the Kootanie country…was 178 Walter Moberly (1866), In, British Columbia 1869, p. 17. 179 Letter of 17 December 1884 from Indian Reserve Commissioner Peter O’Reilly to the Superintendent General of Indian Affairs, Ottawa [re: Indian Reserve set aside for the “Shuswap Indians, Kinbasket’s Band” in August 1884]. Federal Collection, Indian Reserve Commission Minutes of Decision, Correspondence and Sketches, Volume 10. Copy held by the Indian Lands Registry, Indian and Northern Affairs Canada. BC Regional Office, Vancouver. Page 11; the Provincial set of these same materials is found in: Provincial Minutes of Decision etc. O’Reilly to the Chief Commissioner of Lands & Works, Victoria. 19 November 1884. BC Archives, Victoria. GR 2982, Box 3, Item 3041/84. 180 Letter of 17 December 1884 from Indian Reserve Commissioner Peter O’Reilly to the Superintendent General of Indian Affairs, Ottawa [re: Indian Reserve set aside for the “Shuswap Indians, Kinbasket’s Band” in August 1884]. Federal Collection, Indian Reserve Commission Minutes of Decision, Correspondence and Sketches, Volume 10. Copy held by the Indian Lands Registry, Indian and Northern Affairs Canada. BC Regional Office, Vancouver. Pp. 11-20 [including sketch of IR at page 19]; the Provincial set of these same materials is found in: Provincial Minutes of Decision etc. O’Reilly to the Chief Commissioner of Lands & Works, Victoria. 19 November 1884. BC Archives, Victoria. GR 2982, Box 3, Item 3041/84. 181 Frederick W. Hodge, editor (1910). Handbook of American Indians North of Mexico, Part 2. Bureau of American Ethnology, Smithsonian Institution: Washington D.C. Page 561. 182 Concerning these Kinbasket Shuswap people, Dawson (1892, page 5) wrote: “According to notes supplied by Mr. J.W. Mackay, this band emigrated thither about forty years ago [c. 1850], from the North Thompson; following a route which reaches the Columbia near the mouth of Canoe River.” Bouchard & Kennedy Research Consultants Page 42 Page 45 of 200

DRAFT REPORT: Rights and Title Interests in <strong>the</strong> Columbia Valley Transmissi<strong>on</strong> Project Area<br />

encampment <strong>of</strong> Kootenay Indians, who were engaged curing salm<strong>on</strong>, which are caught in great<br />

abundance here….” 178<br />

Indian Commissi<strong>on</strong>er Peter O’Reilly, after meeting with <strong>the</strong> Kinbasket Band in August 1884,<br />

c<strong>on</strong>firmed <strong>the</strong> date <strong>of</strong> mid-1840s for <strong>the</strong> migrati<strong>on</strong> <strong>of</strong> <strong>the</strong> Band. Writing to <strong>the</strong> Superintendent<br />

General <strong>of</strong> Indian Affairs, O’Reilly stated that he had visited “a band <strong>of</strong> Indians, <strong>of</strong>fshoots <strong>of</strong> <strong>the</strong><br />

Shuswap tribe near Kamloops, who, under <strong>the</strong> leadership <strong>of</strong> a chief named Kinbasket some forty<br />

years ago [c. 1844] migrated from Shuswap, and settled in <strong>the</strong> Columbia Valley.” 179 Importantly,<br />

O’Reilly noted that <strong>the</strong>se people had maintained <strong>the</strong>ir Shuswap language and identity, despite<br />

being intermarried in <strong>the</strong> 1880s with <strong>the</strong> Kutenai. O’Reilly set aside a 2,700 acre Indian Reserve<br />

for <strong>the</strong> Shuswap Band, descendants <strong>of</strong> Kinbasket, just north from <strong>the</strong> nor<strong>the</strong>rn end <strong>of</strong> “Lower<br />

Columbia Lake” [Columbia Lake] and <strong>on</strong> <strong>the</strong> east side <strong>of</strong> <strong>the</strong> Columbia River. 180<br />

The date <strong>of</strong> <strong>the</strong> Kinbasket migrati<strong>on</strong> varies from source to source. The 1910 editi<strong>on</strong> <strong>of</strong> <strong>the</strong><br />

Handbook <strong>of</strong> North American Indians stated that it was about 60 years prior to <strong>the</strong> volume’s<br />

publicati<strong>on</strong>, i.e., c. 1850, when Kinbasket settled am<strong>on</strong>g <strong>the</strong> Kutenai. 181 This is also <strong>the</strong> date (c.<br />

1850) that former H<strong>BC</strong> man and Indian Agent J.W. Mackay provided to George Daws<strong>on</strong>. 182<br />

Moberly’s estimate <strong>of</strong> c. 1846 should be given weight, inasmuch as he actually met with Chief<br />

Kinbasket in September 1866 and obtained this informati<strong>on</strong> directly from him. In 1884, George<br />

Daws<strong>on</strong> stated that <strong>the</strong> “col<strong>on</strong>y <strong>of</strong> Shuswap …in <strong>the</strong> midst <strong>of</strong> <strong>the</strong> Kootanie country…was<br />

178 Walter Moberly (1866), In, British Columbia 1869, p. 17.<br />

179 Letter <strong>of</strong> 17 December 1884 from Indian Reserve Commissi<strong>on</strong>er Peter O’Reilly to <strong>the</strong> Superintendent<br />

General <strong>of</strong> Indian Affairs, Ottawa [re: Indian Reserve set aside for <strong>the</strong> “Shuswap Indians, Kinbasket’s Band” in<br />

August 1884]. Federal Collecti<strong>on</strong>, Indian Reserve Commissi<strong>on</strong> Minutes <strong>of</strong> Decisi<strong>on</strong>, Corresp<strong>on</strong>dence and Sketches,<br />

Volume 10. Copy held by <strong>the</strong> Indian Lands Registry, Indian and Nor<strong>the</strong>rn Affairs Canada. <strong>BC</strong> Regi<strong>on</strong>al Office,<br />

Vancouver. Page 11; <strong>the</strong> Provincial set <strong>of</strong> <strong>the</strong>se same materials is found in: Provincial Minutes <strong>of</strong> Decisi<strong>on</strong> etc.<br />

O’Reilly to <strong>the</strong> Chief Commissi<strong>on</strong>er <strong>of</strong> Lands & Works, Victoria. 19 November 1884. <strong>BC</strong> Archives, Victoria. GR<br />

2982, Box 3, Item 3041/84.<br />

180 Letter <strong>of</strong> 17 December 1884 from Indian Reserve Commissi<strong>on</strong>er Peter O’Reilly to <strong>the</strong> Superintendent<br />

General <strong>of</strong> Indian Affairs, Ottawa [re: Indian Reserve set aside for <strong>the</strong> “Shuswap Indians, Kinbasket’s Band” in<br />

August 1884]. Federal Collecti<strong>on</strong>, Indian Reserve Commissi<strong>on</strong> Minutes <strong>of</strong> Decisi<strong>on</strong>, Corresp<strong>on</strong>dence and Sketches,<br />

Volume 10. Copy held by <strong>the</strong> Indian Lands Registry, Indian and Nor<strong>the</strong>rn Affairs Canada. <strong>BC</strong> Regi<strong>on</strong>al Office,<br />

Vancouver. Pp. 11-20 [including sketch <strong>of</strong> IR at page 19]; <strong>the</strong> Provincial set <strong>of</strong> <strong>the</strong>se same materials is found in:<br />

Provincial Minutes <strong>of</strong> Decisi<strong>on</strong> etc. O’Reilly to <strong>the</strong> Chief Commissi<strong>on</strong>er <strong>of</strong> Lands & Works, Victoria. 19 November<br />

1884. <strong>BC</strong> Archives, Victoria. GR 2982, Box 3, Item 3041/84.<br />

181 Frederick W. Hodge, editor (1910). Handbook <strong>of</strong> American Indians North <strong>of</strong> Mexico, Part 2. Bureau <strong>of</strong><br />

American Ethnology, Smiths<strong>on</strong>ian Instituti<strong>on</strong>: Washingt<strong>on</strong> D.C. Page 561.<br />

182 C<strong>on</strong>cerning <strong>the</strong>se Kinbasket Shuswap people, Daws<strong>on</strong> (1892, page 5) wrote: “According to notes<br />

supplied by Mr. J.W. Mackay, this band emigrated thi<strong>the</strong>r about forty years ago [c. 1850], from <strong>the</strong> North<br />

Thomps<strong>on</strong>; following a route which reaches <strong>the</strong> Columbia near <strong>the</strong> mouth <strong>of</strong> Canoe River.”<br />

Bouchard & Kennedy Research C<strong>on</strong>sultants Page 42<br />

Page 45 <strong>of</strong> 200

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