No attempts were ever made to officially extinguish Sto:lo title to the land through treaties as specified in British, and later Canadian law. Moreover it was not until six years later, in 1864, that Indian reserves were even marked off in the Chilliwack area. By this time a great deal of the Fraser Valley had already been pre-empted by newly arrived settlers.
In 1864, Sergeant William McColl, a surveyor with the Royal Engineers, was asked by Sir James Douglas to mark off "all lands claimed by the Indians". Douglas' instructions stated that in no case was McColl to lay off a reserve under 100 acres. Unfortunately after McColl finished his work he died and Douglas retired. Settlers in Chilliwack complained that the reserves were too large and their irregular pre-emptions should be recognized. Police Superintendent Chartres Brew was dispatched to the area and set up reserves based on ten acres per person, a considerable reduction from the acreage proposed by Douglas. Although the settlers pre-emptions "failed to comply with government requirements" they were recognized.
By 1868, ten years after the initial influx of gold seekers, the Sto:lo land base was reduced to a few reserves, largely on flood-prone lands or lands considered marginal.
The roots of land claims date from this period. Under pressure from settlers, the Colonial Government sided with the settlers by not recognizing or even attempting to understanding how the Sto:lo used the land.