Completed Inquiries – Reports Released

01/03/1996

Nak'azdli First Nation [Aht-Len-Jess Indian Reserve 5] – March 1996

The sole issue before the Commission was whether Aht-Len-Jees IR 5 ceased to be a "reserve" of the Nak'azdli First Nation by virtue of its "disallowance" by Commissioners Ditchburn and Clark in 1923. By its Final Report in 1916, the Royal Commission on Indian Affairs for the Province of British Columbia confirmed Aht-Len-Jees as a reserve of 300 acres set aside for Nak'azdli. However, a second joint federal-provincial commission was established seven years later to "review" the final report of the Royal Commission. The Ditchburn-Clark Commission disallowed the Aht-Len-Jees IR 5 as a reserve and in "exchange" established Uzta IR 7A as a reserve of the Nak'azdli First Nation. Although the Ditchburn-Clark Commission stated that the exchange had been made at the request of the First Nation, the evidence adduced by elders of the Nak'azdli First Nation during this inquiry confirmed that they were not made aware of such an exchange, nor any of the circumstances surrounding the loss of Aht-Len-Jees IR 5.

After reviewing all the evidence and hearing from the community, Canada reconsidered its position and offered to negotiate the Nak'azdli First Nation claim within its fast-track process. The Nak'azdli First Nation accepted Canada's offer on January 31, 1996, and the Commission released its final report in March 1996.

Response: In January 1996, government accepted claim for negotiation while inquiry underway.

To download the government's response - PDF

To download the report - PDF