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George Abbott
By Marshall Jones
At heart, the ongoing battle between Okanagan First Nations and Tolko Industries over logging rights and land claims in the Bouleau Lake area near Vernon has little at all to do with Tolko, says a provincial cabinet minister.
George Abbott, minister of aboriginal relations and reconciliation, says Tolko is operating under the laws of the land as they exist now.
“(Aboriginal title) is an issue between the province and Okanagan Indian Band,” he said. “Tolko has a valid cutting permit… (and) there are some legal challenges to that permit… that will find their way to adjudication in the Supreme Court of B.C.”
That may soon be a greater issue to Abbott and the province. While Tolko and Okanagan First Nations—Okanagan Nation Alliance, Okanagan Indian Band and others—are headed to court to decide the specific issues of trespass and blockades, the band will try to enjoin the province in the matter.
The ultimate issue of title will likely be decided in “the Wilson Case” as referred to by the band, a proceeding stemming from Tsilqhot’in vs. British Columbia which has been before the courts for years.
Until that is decided, however, it’s up to Tolko to enforce its rights if it wants to push the matter. It already has an injunction and enforcement order which, if executed by RCMP, could lead to arrests at the blockade. Band members have said they were willing to go to jail over the issue.
Abbott was not present for a meeting between the province and native leaders last Friday, saying it was still at the deputy minister level. That meeting led Okanagan band leaders to express some optimism that the province was ready to talk business.
“This was a good preliminary discussion,” Chief Stewart Phillip said. “The province now seems to be taking the matter seriously and that greatly increased the chances of this matter being peacefully resolved.”
Abbott said he is willing to take it to the next step and has written to band leaders offering a face-to-face discussion.
“We wanted to have the (conference) call to better ascertain what the issues were from the perspective of the Okanagan Indian Band,” he said. “We understand that water quality is an issue from their perspective so we are glad to engage with them on that point.”
Band leaders have made various claims in their blockade of the road to Bouleau Lake where Tolko holds its logging licence including cultural and archeological significance. They lost a court battle on the archeological claim and it seemed that was resolved and Tolko was clear to log. The band now claims logging at Bouleau Lake will “impact its water supply.”
“Our understanding is that water at the Okanagan Indian Band reserve comes from a well and our understanding is that there is not an issue with water quality,” Abbott said. “I think the issue may be just a broader watershed type management concern. If that is so, we are glad to further discuss that with them.”
It begs the question: If logging there could impact drinking water, why was the forest licence approved in the first place?
“There are many places in B.C. where forest extraction activities are undertaken that after careful planning is done, is compatible with maintaining water quality,” Abbott said.
Okanagan Nation Alliance leaders pressed the government to ensure Tolko didn’t log in the area to ensure ongoing discussions.
“The one key issue that was identified was the need to ensure that Tolko does not resume logging in the Brown’s Creek area after spring breakup,” Phillip said.
“How the province would ensure this does not happen is a question that was left unanswered but it is one that is central to de-escalating and ultimately resolving this issue.”
Abbott had no answer to that, saying he was not aware of any land swap agreement for Tolko to avoid the conflict.
The issue returns to the courtroom April 9.
marshall@kelowna.com
(Editor’s note: Changes and clarifications were made to this story at 6:10 p.m.)
2 Responses to “Browns Creek title issue ‘between the province and the Okanagan Indian Band,’ Minister says”
Tags: browns creek blockade
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Here we go again…get one matter resolved through, science, concensus or the courts and if it doesn’t fall in favor the OIB (or any other band) they will then drag up another non-issue to ascertain their non- existent rights.
How about cutting off their ferderal funds and see the how long they are willing to take this issue forward. If they had something productive to contribute to their new society (that started 150 years ago) this and ever other bogus claim would have been discontinued a generation ago.
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My comment to the issue is to go to world Court and let them decide. This is where all first Nations will get a just and fair decession. By a pannel of judges who are not in a conflict of interest. This to me will make common sence.
Please continue discussion on the forum: link