'Namgis First Nation [McKenna-McBride Applications 1914] - December 8, 1999

February 1997

The ‘Namgis First Nation, on the west coast of British Columbia, claimed that Canada's officials were negligent and in breach of their fiduciary obligations to the First Nation during the McKenna-McBride reserve creation process in the early 1900s. The McKenna-McBride Commission, with representatives from both the federal and the British Columbia governments, was established in 1912 to settle a number of disputes over Indian lands and Indian affairs generally in British Columbia. It was empowered, subject to approval from the two levels of government, to adjust the acreage of Indian reserves in the province. As part of its operations, the Commission travelled throughout British Columbia meeting with representatives from the various tribes and bands. It met with representatives from the ‘Namgis First Nation in June 1914. At that time, the First Nation presented seven applications for additional reserve lands. Included in these applications was a request for 100 acres in the area around Woss, three large islands in the Plumper Island group, and all of the islands in the Pearse Island group. Following the Commission's meeting with the First Nation, it met separately with the Indian Agent, W.M. Halliday, to obtain his recommendations on the First Nation's applications. He recommended a maximum allowance of 100 acres in the Plumper Island group, and 50 or 60 acres in the Pearse Island group. He refused to endorse the First Nation's application for 100 acres around Woss. The Commission later discovered that some of the land recommended by Agent Halliday was alienated and unavailable for allotment as an Indian reserve. He was asked if he wished to reconsider some of the applications he had originally rejected. He recommended that the First Nation be given all the Pearse Islands, except the large island lying to the southwest of the group. The Commission ultimately ordered the creation of two new reserves: Ksui-la-das Island, the southwesterly island of the Plumper group, containing an area of approximately 70 acres; and Kuldekduma Island, the most northerly of the Kuldekduma or Pearse group, containing an area of approximately 60 acres. It rejected the application for the area around Woss on the ground that it was "not reasonably required." The four remaining applications of the First Nation were rejected because they contained areas that were already alienated.

In its final report released in February 1997, the ICC found that Agent Halliday had certain responsibilities prior to, during, and after the McKenna-McBride hearings. During the McKenna - McBride hearings, he had a fiduciary obligation to provide reasonable and well-informed recommendations to the Commission. In order to inform himself of the First Nation's bona fide land requirements, Agent Halliday should have consulted with the First Nation and made other appropriate investigations. The ICC was of the view that, if Agent Halliday had consulted with the First Nation before making his recommendations to the McKenna-McBride Commission, he would have discovered that all three of the Plumper Islands and all of the Pearse Islands were actively used by the First Nation and were of importance to them. Therefore, a reasonable person acting in good faith would have recommended for reserve status all the islands requested by the First Nation. A reasonable person also would have recommended the area around Woss, since it was unclear whether the land sought in one of the First Nation's other applications was available for reserve purposes and the area around Woss was an old village site, important for food gathering and trade, and significant in terms of ‘Namgis culture and traditions. The ICC was mindful, however, that the McKenna-McBride Commission was unwilling or unable to recommend lands that were already alienated. The ICC therefore found that the First Nation had a valid claim in relation to the Plumper Islands because the lands were "open and available," but that further research was necessary to determine whether the lands around Woss and in the Pearse Island group were unalienated and available during the McKenna - McBride process.

Response: In December 1999, the government rejected the recommendations made in the February 1997 report.

Download Government Response

Click Here for the Report