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06/02/1997

Indian Claims Commission Recommends Part of B.C. First Nation's Land Claim be Accepted for Negotiation by the Federal Government

Ottawa (February 6, 1997) - The Indian Claims Commission (ICC) today released its Report on the Inquiry into the McKenna-McBride Applications claim of the 'Namgis First Nation. The ICC recommended that only part of the First Nation's claim be accepted for negotiation under the Specific Claims Policy at this time, and that the parties conduct additional research into those aspects of the First Nation's claim not recommended for negotiation.

The McKenna-McBride Applications claim is so named because the claim arises from decisions made by the McKenna-McBride Commission, struck in 1912 to deal with the controversy surrounding the establishment of Indian reserves in B.C. The Commission, with representatives from both the federal and provincial governments, was mandated to determine the present and future land requirements of B.C. First Nations and recommend acreage allotments for Indian Reserves. Since aboriginal title was not recognized by the British Columbia government until 1991, the McKenna-McBride process was used as an alternative to entering into treaties with First Nations over land rights issues. As part of its operations, the McKenna-McBride Commission travelled throughout the province meeting with representatives from the various tribes and bands, including the 'Namgis First Nation.

Records of these meetings, historical documentation and submissions presented by lawyers for both parties were examined as part of the ICC Inquiry process. ICC Commissioners subsequently found that the Federal Government breached its fiduciary obligation to the 'Namgis First Nation in 1914, when the Indian Agent, W.M. Halliday, failed to carry out certain responsibilities to the First Nation. In the case of the accepted part of the First Nation's claim namely the Band's claim to the Plumper Islands - the ICC found that Agent Halliday did not carry out his duty to consult with the First Nation and make reasonable, well-informed recommendations about which lands should be allotted to the First Nation by the McKenna-McBride Commission. If Halliday had consulted with the First Nation, he would have learned that they required and were using the three large islands in the Plumper Island group. However, when Agent Halliday appeared before the McKenna-McBride Commission, he recommended the First Nation be given only 100 acres of this area.

The lands in question were grouped by application number. The Plumper Islands fell within Application 76. Two other areas claimed by the 'Namgis First Nation relate to a traditional village in the Woss area (Application 73) and the Pearse Islands (Application 77). The ICC found that the 'Namgis First Nation has a valid claim to the Plumper Islands (Application 76), but supplementary research is necessary to determine the merits of the claim relating to the village at Woss and the Pearse Islands (Applications 73 and 77).

The ICC was established in 1991. Its mandate is: to inquire, at the request of a First Nation, into specific claims that have been rejected by the federal government or where the First Nation disputes the compensation criteria being considered in negotiations; and to provide mediation services on consent of the parties at any stage of the claims process.

To download the report PDF