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 nature of their rights and title claim over any exclusive interests of the Shuswap Indian Band to the same lands. Effective September 14, 2005, the Shuswap Indian Band or Kinbasket Shuswap Band declared its independence from what had been called the Ktunaxa/ Kinbasket Tribal Council. Subsequently the Shuswap Indian Band supported their claims of autonomy by completing a “Traditional Use Study” in 2008 that presented their interpretation of relevant historical and ethnographic facts. The Kutanaxa Nation Council responded to the Shuswap Indian Band’s 2005 withdrawal by announcing their reaffirmation of their recognition of the Shuswap Kinbasket’s “citizenship” in the Ktunaxa Nation. 237 In their media release of 25 May 2005 the KNC also affirmed their underlying title to the lands settled by the Shuswap Kinbasket. Concerning the cultural affiliation of Ktunaxa Nation Council members, the website of the Ktunaxa Nation, represented by the KNC, states the following: 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 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. 238 It is the position of the KNC political organization that Ktunaxa Nation “citizenship” is comprised of “seven Bands located throughout historic traditional Ktunaxa territory.” One of the seven listed bands is the “Kyaknuqłi?it” or Kinbasket Shuswap Band situated at Invermere. The KNC does not recognize any rights and title interests held by any of the individual seven KFN Bands to the exclusion of other KFN rights. It is the position of the KNC that the Shuswap Indian Band has a history and language distinct from that of the KFN members Bands, and came to the Columbia Valley in the mid-1800s with the agreement of the Ktunaxa leadership. This view of the Kinbasket Shuswap history is in dispute. In describing the composition of the “Ktunaxa/ Kinbasket Treaty Council,” the Ministry of Aboriginal Relations and Reconciliation notes that the Shuswap Indian band is not affiliated with the Ktunaxa Tribal Council. 239 September 2009. 237 http://www.ktunaxa.org/news/documents/MediaReleaseShuswapDeclaration.pdf; Accessed 17 238 http://www.ktunaxa.org/who/index.html. Accessed September 16, 2009. 2009. 239 http://www.gov.bc.ca/arr/firstnation/ktunaxa_kinbasket/default.html#background; Accessed October 5, Bouchard & Kennedy Research Consultants Page 57 Page 60 of 200
DRAFT REPORT: Rights and Title Interests in the Columbia Valley Transmission Project Area The Shuswap Indian Band maintains its own website and responds to consultation requests independently of the KNC or the Secwepemc Nation. 240 3.2 Political Representation of the Secwepemc-speaking Claimants The Columbia Valley Transmission Project lands are within the area claimed by the Shuswap Nation Tribal Council (SNTC), said to represent the Adams Lake, Tk’emlups te Secwepemc (Kamloops), Shuswap, Little Shuswap, Neskainlith, Skeetchestn, Splatsen, St’uxwtews, Whispering Pines/ Clinton, and Simpcw. 241 There are three Shuswap-speaking Bands within the overall Secwepemc territory that are not represented by the SNTC. As noted above, the Kinbasket Shuswap (“Shuswap” in the above list) are currently members of the Shuswap Nation Tribal Council, listed as the “Shuswap Indian Band” on the current SNTC website. 242 Additionally, SNTC member Bands comprising the Shuswap Lake Division of the Shuswap, have recently asserted interests in the Project lands. 243 It is the position of the Shuswap Nation Tribal Council, however, that the rights and title interests of the Bands are held collectively by the “Nation.” It should be noted that according to the work of James Teit, the basic Shuswap political unit was the autonomous "band." Teit described Shuswap “bands” as being "composed of a group of families closely related among themselves, who generally wintered within a definite locality, at or within a few miles of a larger village or centre." 244 Hence, by Teit’s definition, the Kinbasket Shuswap would have become an autonomous, independent “band.” 240 Available online: http://www.shuswapband.net/. 241 http://www.shuswapnation.org/bands/member-bands/littleshuswap.html#; Accessed 17 September 2009. 242 http://www.shuswapnation.org/bands/member-bands/shuswap.html; Accessed 17 September 2009. 243 Sunny LeBourdais (2009). Tult, Transformation of Energy into Matter. Report prepared for Sexqéltkemc: the Lakes Division of the Secwepemc Nation. 244 Teit 1909, page 457. Bouchard & Kennedy Research Consultants Page 58 Page 61 of 200
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Janet L. Fraser Director, Regulator
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Table of Contents 1 2 3 4 5 6 7 8 9
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2 - Consultation Activities Since 1
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3 - Consultation Assessment 1 2 3 4
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DRAFT REPORT: Rights and Title Inte
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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 hydro m FOR GENERATIONS Chris He
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BC hydr-o m FOR GENERATIONS Chris H
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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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