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ICC Panel Calls for Canada to Accept Lower Similkameen Indian Band’s Claim
03/04/2008 ICC Panel Calls for Canada to Accept Lower Similkameen Indian Band’s Claim for Fair Compensation for a 1906 Railway Right of Way and Return of the Land Ottawa (April 3, 2008) – The Indian Claims Commission (ICC) has concluded its inquiry into the compensation awarded to the Lower Similkameen Indian Band for the right of way that was granted to the Vancouver, Victoria and Eastern Railway and Navigation Company (VV&E) through the Band’s reserve lands in 1906. These lands are in the Similkameen River valley, which lies between the Cascade Mountains and the Okanagan River, in southcentral British Columbia.
In 1906, the federal government granted VV&E a right of way through the heart of the Lower Similkameen Band’s reserve lands. The 99-foot right of way was taken for a railroad that was to carry ore from mines further up the valley to the Great Northern line in Washington State. The inquiry focused on: The panel for this inquiry was made up of Commissioners Daniel J. Bellegarde (Chair), Sheila G. Purdy, and Jane Dickson-Gilmore. It addressed both historical and contemporary questions – was the compensation paid to the Band in 1906 adequate; and who holds the interest in the land today? The panel concluded that compensation to the Lower Similkameen Indian Band should have been based on fair market value and that anything less was inadequate. The panel found that the compensation was not even in the acceptable range and did not account for injury to the Band’s lands as a whole. This included serious disruption to band life and culture, damage to livestock, and impact on band members of changes in wildlife behaviour, all caused by the construction and operation of the rail line. The rail line was formally abandoned in 1985, and the panel concluded that Canada now holds the lands in trust for the Lower Similkameen Band, and that Canada should make every effort to secure the land for the Band’s use and benefit. As a result of its findings, the panel made two recommendations: That the Lower Similkameen Indian Band’s claim for compensation be accepted for negotiation. That Canada take the necessary steps to ensure that the legal status of the right of way lands is that of reserve land set apart for the use and benefit of the Lower Similkameen Indian Band.
About the Indian Claims Commission The Indian Claims Commission 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 at the request of the parties for claims in negotiation. As an independent commission of inquiry, the ICC is guided in all its work by the principles of impartiality, fairness and transparency. A copy of this release and of the inquiry report can be found on the Indian Claims Commission website at www.indianclaims.ca For further information, please contact: Media and Communications Officer
Marieke Grimes 613 947-9330 To download the backgrounder To downlad the report - PDF
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