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Thread: Who's Land?

  1. #1
    Posting Hound Array Fencergrl's Avatar
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    Who's Land?

    Background: Unlike many places in Canada, no treaty was ever formed between the native Indian bands and the British or the Provincial Government. Which is why you hear of more land claim disputes here.

    The land discussed in the attached video is under dispute. The Provincial government wants to allow a mining company to put in one of the largest open pit mines in the world. Which makes sense. The area is rich with copper, gold and other minerals as it's nestled among several old inactive volcanoes. The opening shot of the lake is where they want to put their tailings (ie turn it into a pile of rocks). This project will inject a lot of money into the Province and provide jobs in an area that has had very few over the last decade. The US tariffs on our lumber shut down a lot of mills in this area, & it's struggled economically ever since.

    This land is also where the Tsilhqot'in (also written Chilcotin) live. Archaeologists have determined they have been there between 3000 - 6000 years. The Chilcotin people were one of the few bands that never lost a battle with the British. The area got developed as many areas do (mostly ranches) and the Chilcotin kept their villages and their traditional hunting and fishing sites and carried on.

    When it became clear that neither the Province or the mining company was willing to work with them, the Native band took them to court and won. The Supreme Court of BC decided that the land belongs to the Chilcotin. So the mining company is appealing to Supreme Court of Canada.

    Land can change hands in a few ways.
    1) By mutual agreement (such as a treaty or sale or inheritance).
    2) Or by force, such as a battle or war.
    Since neither occurred in this case, the Chilcotin people were able to prove that the land was rightfully theirs and that the Provincial government had no right to decide on their behalf, much less refusing to discuss it with them.

    This video was put together by this Native band. All the places shown are places where I spend my summers visiting.

    http://vimeo.com/9679174

    I am on the fence on this issues as I see both sides. I hate to see a place I love made into a ugly eyesore, on the other hand all British Colombians benefit from a strong economy. I also know that our current Liberal government is a strong supporter of big business. However... there's that wee issue on who legally owns the land and gets to decide...

    *Just a side note: The language being spoken is Tsilhqot'in. There are only a handful of people who still speak it, and even less know how to write the language. One of my friends in the band got her degree in Linguists and is attempting to get it documented for future generations of her people.

    As with many BC native tribes, they are mostly a matriarchal society.
    Beer, it's whats for dinner! ~ a young snowboarding Canadian
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    Senior Member Array Guided by Wire's Avatar
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    Curmudgeon Emeritus Array Inquartata's Avatar
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    There, as far as I can see, is capitalism working properly. The government discharged one of its legitimate duties in resolving a legal dispute over who owns what. Now the matter of how the resource will be used is a matter for negotiation between buyer and seller...
    Use the Shift key, people! Keyboard manufacturers everywhere are ineffably saddened when you ignore what they made just for you!

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    Senior Member Array PretAllez's Avatar
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    Can you say "Avatar"?

    But seriously, given that the BC Supreme Court ruled in favour of the Tsilhqot'in, I doubt that the SCC would overturn the decision: on what grounds? the Tsilhqot'in have a clearly established territorial claim, which they have never ceded. It's their land, and they don't want to sell. End of story.

    The mining company would have a PR nightmare on their hands, even if legally they might be granted mineral rights.


    Furthermore, given that this is part of the Fraser River watershed, I can certainly see commercial salmon fishermen being totally up in arms (especially given plummeting salmon stocks).

    I also notice that the area is just north of Whistler, and could become a prime tourist destination in future years. Eco-tourism with a traditional aboriginal component could be a very valid business model that would employ local people while strengthening and validating the safekeeping of their First Nations' heritage. This model is currently successful at Kitigan Zibi and Wendake

    See: http://www.tourismeoutaouais.com/sea...&IsMemberPV=0#
    and : http://www.huron-wendat.qc.ca/01/en/index.html

    Open pit mining is just short-sighted, non-sustainable development IMO. Now if the company were truly innovative, they could invest in developing an eco-friendly means of underground mining to extract these mineral resources (if one does not already exist). It might be more expensive and take time, but the technology could prove profitable in itself. And it would be a win/win solution

    The TRULY valuable assets here are the clean water, the unspoilt landscape, the vibrant culture, and a proud and unique people.
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    Posting Hound Array Fencergrl's Avatar
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    So long as the Supreme Court of Canada upholds the decision it is unlikely the band will allow the mining to happen. If that happens it opens the door to a number of other land claims out there and the Province will have to get busy to dealing with them. It potentially could bankrupt the Province.

    Every native band has a land claim, there are hundreds of bands that have survived various attempts of genocide. Over 100% of the Province has been claimed, as many bands traditional hunting, living, and ritual sites are shared by more than one group. Virtually all of our towns, cities and municipalities have developed where Indian villages once were. Some homeowners were shocked to discover the 100 year lease on the land they thought they owned was up and they now have to pay "rent" to the local Indian band on (what they thought was) their property .

    The mine has already spend a substantial amount of money and thought they were negotiating with the owners (the Province). Both the Province & the mine have an interest in not accepting the court ruling, as they want "business as usual".

    The rumour is the mine wants to proceed with development as it works through the appeals through the courts (hoping to bleed the Native band coffers dry). If the mine goes ahead, there will be blood shed, as the Indians plan to fight. I'm not sure if the mine can legally proceed, but the Natives don't have much faith in our legal system (ruling in their favour) despite their success.
    Beer, it's whats for dinner! ~ a young snowboarding Canadian
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    Posting Hound Array Fencergrl's Avatar
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    Quote Originally Posted by PretAllez View Post
    I also notice that the area is just north of Whistler, and could become a prime tourist destination in future years.
    It's not an easy place to get to because of the mountain ranges.

    Those that are visiting the lodges take a flight from Vancouver into William's Lake where they get picked up there. Then it's a good day's worth of travel to get to any of the local lodges. Most of this travel is along gravel roads and logging roads with some 4x4ing.

    By land, from Vancouver (or Whistler) it's a 2 day trip because you have to go around the mountain ranges rather than over them. The only way to get by land from Whistler to the Chilcotin is by either pack horse or on foot. Even quads can't do the trip much less a Jeep or a 4x4 truck as there are high mountain trails you have to pass (it's one of the things we looked at quite carefully). The mountain range you see when you look out across the lake (in the beginning of the video) is the mountain range that Whistler & Blackcomb are part of. It's the view I have from my tent every morning while camping. The lake is full of fish, almost every cast you can get a fish and they are always biting.

    The area is quite remote. I don't think the mine expected anyone to care, despite it's beauty.
    Last edited by Fencergrl; 03-15-2010 at 10:17 PM.
    Beer, it's whats for dinner! ~ a young snowboarding Canadian
    The meek don't want it! ~ sticker on a rock band's guitar

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