Some might call it trespassing. Others will ask who was trespassing? The 38 people who landed on Grace Islet today? The government that sold a First Nations burial ground without consulting with the previous owners? Or Barry Slawsky, the Alberta businessman who purchased this islet and, fully aware that it is a burial islet, is now erecting a house there?
One of the 38 visitors was Gary Holman, MLA for Salt Spring Island.
“I am sorry that it came to this today,” he explained. “All else has failed: in the Legislature, trying to speak to the Minister offline, laying charges with the RCMP.
“The Law has been broken here. We should be clear about this. The previous permit, before it was removed; this islet was cleared without proper monitoring by an archaeologist; by an excavator. The law was broken. So the question I have for the RCMP is where the hell are you?”
“The law was broken two years ago, when the islet was cleared by an excavator,” Holman explained. “The law continues to be broken with these (First Nations burial ) cairns being encased in a foundation wall and cairns being inside the foundation. Where the hell is the law?”
There are two policemen in the video, which you can watch below. They were listening as Holman spoke. They were also present when Joe Akerman, who has been a leader in this struggle, said:
“This is the next step, this is so Minister Steve Thomson understands the seriousness of this situation. Over the last two and half months he has not understood the First Nations deeply held cultural and spiritual beliefs around burial islets …”
There is a sense in which you could say the 38 visited Grace Islet in response to an invitation Slawsky made the previous Friday.
You can watch a video of the visit below.
Chief Earl Jack of the Penelakut has requested that Steve Thomson, Minister of Forests, Lands and Natural Resource Operations, stop construction :
“Under s.13 (2)(b) of the Heritage Conservation Act, we understand it is unlawful to damage, desecrate or alter a burial place that has historical or archaeological value.” Penelakut Tribe considers the non-permitted alteration of these three burial cairns enclosed within the house footprint to be an act of desecration in violation of the Heritage Conservation Act, Such Desecration is also in violation of our Coast Salish customary laws for the living to avoid the location of burials and cemetery sites.
We request that as the responsible Minister you immediately suspend or cancel the Alteration permit at Grace Islet, as provided for under s.12 (6) of the Heritage Conservation Act.
Subsection (6) The minister may, by order, without the concurrence of the holder of the permit,
(a) amend or suspend a permit issued under subsection (2) (a) if the minister has information that was not considered when the permit was issued respecting the heritage value of heritage property that would be materially affected by an action authorized by the permit, or
(b) cancel a permit issued under subsection (2) (a) if the minister has reasonable and probable grounds to believe that:
i) the application for the permit included information that was false or misleading with respect to a material fact, or that omitted to state a material fact the omission of which makes information in the application false or misleading,
(ii) the holder has contravened or is in default of a requirement or condition of the permit, whether or not the holder is charged with an offence under this Act, or
(iii) the holder has contravened a provision of this Act, whether or not the holder is charged with an offence under this Act.
It is clear that there is now information in the Minister’s possession that was not considered when the permit was issued respecting the heritage value of Grace Islet that would allow the permit to immediately be suspended , as outlined in s.12(6)(a) – namely the non-permitted enclosing of three burial cairns in the foundation walls and interior of the house footprint.
It is also clear that the permit holder has omitted to state a material fact, the omission of which makes the information in the application false or misleading, as outlined in s.12 (6)(a) – namely modifications to the house design and site plan without notice or amendment to the Alteration Permit at the Archaeology Branch or consultation with First Nations.
It is clear that there is now information in the Minister’s possession that the permit holder has contravened or is in default of a requirement or condition of the permit which allows the cancellation of the permit. as outlined in s.12(6)(b)(ii), specifically, that there was no authorization or consultation with First Nation to enable enclosing the three burial cairns within the house footprint.
It is clear that the permit holder has contravened a provision of this Act as outlined in s.12(6)(b)ii); .
As details of the meeting two of the Ministry staff had with First Nations Chiefs, elders and councillors, last Friday, one cannot help but be appalled at our Government’s conduct.
Two people from the Ministry of Forests, Lands and Natural Resource Operations were present:
- Craig Sutherland, Assistant Deputy Minister,
- Justine Batten, Director of the Archaeology Branch
There were also a dozen people representing First Nations concerns about Grace Islet:
- Chief Earl Jack, Penelakut Tribe
- Chief Chip Seymour, Cowichan Tribes
- Chief Don Tom, Tsartlip First Nation
- Chief Vern Jacks, Tseycum First Nation
- Chief Richard Thomas, Lyackson First Nation
- Simon Smith Sr., Elder, Tsartlip First Nation
- Simon Smith Jr., Councillor, Tsartlip First Nation
- Joni Olsen, Councillor, Tsartlip First Nation
- Ruth Sauder, Band Manager, Penelakut Tribe
- Kathleen Johnnie, Lands Dept, Lyackson
- Joe Akerman, Salt Spring Island resident
- Eric McLay
Mr Sutherland extended an invitation from Slawsky and his lawyer for the First Nations leaders to visit their ancestral graves on Grace Islet. They would would be allowed to inspect the construction site, examine their ancestral burial cairns and discuss their concerns in person. In exchange, Slawsky and his lawyer requested that there be no more challenges to his house construction plans by the CRD or the Islands Trust in support of First Nations.
First Nations rejected this offer as “too little too late”
(This was the invitation that prompted 38, of the 80 to 90 people demonstrating around Grace Islet the following Tuesday, to “visit” the construction site and carry out an inspection.)
Craig Sutherland, Assistant Deputy Minister, Coast Division, then offered the Chiefs two options:
- move the cairns outside the house footprint or
- purchase the site.
The Chiefs condemned the Government for even suggesting moving the cairns at this late point. They demanded the Minister and the Archaeology Branch immediately cancel the permit, put a temporary stop work order on construction, or even expropriate the islet at the provincial level.
Sutherland said there were no grounds for expropriation.
Justine Batten of the Archaeology Branch dismissed the idea that had been any permit violations, though she did say there were “discrepancies” might be perceived as “desecrations” by First Nations.
However Slawsky’s lawyer had also told the government he was willing to sell the land. No price was mentioned, but Sutherland indicated the provincial government would be asking the CRD to help pay for it. There will be a meeting with the property owner next week.