Section 8. Land Claims

LAND, LEGISLATION, AND POLITICS
Shuswap Political Activity
1910 - 1995

The Indian Reserve Commission had established all the reserves in BC by 1910. The Indian people did not accept the process and continued to protest. They still believed that they retained title to BC land and that the dispute could only be dealt with by a treaty.

A) History of Resistance

After 1910, there was a succession of Indian organizations that continued to fight for a land settlement. The federal government's response was to use legislation to unilaterally impose its own policy. As wards of the federal government as defined by the Indian Act, the Indian people were powerless to stop them.

The delegations to Ottawa and petitions after 1910 did get the government's attention. In 1916 the two governments set up the McKenna-McBride Commission to investigate the reserve allotments. The commission heard many complaints but did not propose any major changes. They recommended a net loss of existing reserves.

The Indian people decided a unified voice would produce results. In 1916 they formed the Allied Tribes of BC. The two main leaders were Andy Paull and Peter Kelly. The Allied Tribes of BC presented their arguments to Ottawa. Although the leaders were optimistic about a settlement, they were shocked at the turn of events in 1926. Instead of settling land claims, the Federal government passed legislation that prohibited fund raising for land claims. Instead it consolidated the powers of the DIAND and entrenched the Indian Act of 1876, although there were some changes that did affect Indian communities. The law prohibiting fund raising for land claims was removed from the Indian Act during the 1950's. The Allied Tribes of BC was severely undermined and ceased to exist.

Political organizations changed their focus. In BC the coastal tribes formed the Native Brotherhood in 1931 to pursue fishing rights and social issues.

The North American Indian Brotherhood changed their focus from the Indian Act to the land issue. George Manuel, a Shuswap Indian from the Neskainlith Reserve was a prominent leader in the 1950's. He succeeded Andy Paull as the President of the North American Indian Brotherhood. He was one of the leaders who led the protest that prompted Prime Minister Trudeau to issue his 1969 White Paper policy in which the Federal government denied aboriginal rights. This action united the Indian people in BC and Canada against the government. The Bands met in Kamloops in 1969 and formed the Union of BC Indian Chiefs. The diverse interests of all the regions made it impossible for the UBCIC to remain a representative organization and gradually bands withdrew from the organization. By 1995 the province was divided into two camps, those represented by the UBCIC and those that were independent tribal councils or Bands.

The political protest continued until 1973. The First Nations could not force the provincial and federal government to the bargaining table. As a result they turned to the judicial system. They believed that the courts would give them an answer. The danger of using courts is that there is always a winner and a loser. Also, the process is very costly. In the 1980s the provincial and federal government agreed to try one more time to reach a negotiated political settlement to the land question.

The federal government changed their stand on land claims in 1973, conceding that Indian people had rights. They realized that the courts may side with the Indian people and that a decision could be economically and politically unacceptable to white Canadians. The federal Office of Native Claims was set up in the summer of 1974. BC chose at this time not to join in the negotiations but rather chose to be an observer. The process proved to be very slow, with only a few of the 14 accepted claims being discussed. The Alkali Lake Band was the only Shuswap band to put forward their claim and have it accepted for negotiation in 1983. They were 13 in a list of 14.

When the Canadian Constitution was repatriated in 1982, they officially set up a process to define Aboriginal Rights and negotiating treaties in BC. The province also changed its long held views on the land issues. In 1992 it joined in the treaty making process.

B) Shuswap Political Reaction to Events

In 1975, the Shuswap rejected the Department of Indian Affairs (DIA) services and funds in Kamloops. They protested until the DIA office was closed and the administration of programs was turned over to them. The Kootenay, Okanagan, Thompson and Lillooet joined in the demonstrations. Together with the Shuswap, they formed the Central Interior Council (CITC) to negotiate with the DIA. This organization was a good vehicle to fight the government but proved to have too many differences to last. It was disbanded in 1981 into separate tribal councils.

Union of BC Indian Chiefs, Aboriginal Title and Rights, www.ubcic.bc