Completed Inquiries – Reports Released
24/08/2006
Williams Lake Indian Band [Village Site Inquiry] – March 2006
In June 2002, the Williams Lake Indian Band requested that the Commission conduct an inquiry into its claim. At issue in this inquiry is the pre-emption of two village sites, one located at Missioner Creek or Glendale, and the other located at the foot of Williams Lake. The Band alleged that, by permitting third parties to pre-empt settlements that were occupied by the Band and reserved from pre-emption, the colonial government of British Columbia breached its statutory and fiduciary obligations to the Band, a breach the federal government is now liable for. During a conference call in February 2003, the parties agreed on a joint statement of issues. A community session was held in the summer of 2003, and written submissions were presented by the end of 2003. Oral arguments were scheduled for March 2004. However, just before this session, new evidence was uncovered which required the parties to conduct a joint research project. Following delivery of this new research report in August 2004, oral submissions were made in October 2004. The Commission found that the Williams Lake Indian Band occupied the village sites at Missioner Creek and the foot of Williams Lake at the time of pre-emption, and that these village sites were "Indian settlements" within the meaning of the legislation in operation at the time. In addition, the pre-emption of the Indian settlements around 1861 were not valid pursuant to the pre-emption legislation. The Commission found that the Williams Lake Indian Band had an interest in the use and occupation of the village sites at Missioner Creek and the foot of Williams Lake prior to and after the pre-emptions. The Commission examined the Band’s interest in its village sites in the context of a fiduciary analysis. In concluding that Canada had a fiduciary obligation to the Williams Lake Indian Band, the Commission found that the basic duties of loyalty, good faith, full disclosure, and ordinary prudence or diligence owed by the Crown were breached by its failure to act when the Band needed land to be set aside for it. The breach of fiduciary duty can be said to have occurred in 1861; Gold Commissioner Philip Nind was instructed to set aside land when the Band was starving but did not do so; instead, the pre-emptions continued. The Commission also stated that the breach of fiduciary duty can also be said either to have continued or to have arisen in 1871, when British Columbia joined Confederation. At this time, the Crown again failed to set aside land for the Band. When Peter O’Reilly arrived to set aside land for reserves in 1881, Crown grants had not yet been issued for the pre-empted lands. The Commission concluded that O’Reilly ought to have taken measures to restore pre-empted lands on village sites to the Band. There is no evidence that O’Reilly advised the Band of the legislative regime that would have enabled the Band to challenge the pre-emptions. The Commission found that these village sites should have also been set aside and recommended as possible reserves. This breach was not rectified by the allotment of more reserve lands than originally intended in 1861. In March 2006, the Commission published its report in which the panel recommended that the government accept this claim for negotiation. To download the news release To download the report - PDF 
|
