By Roy L Hales
British Columbia’s Ministry of Forests, Lands and Natural Resource will not intervene to protect the recognized First Nation’s burial site on Salt Spring Island, but the Capital Regional District might expropriate Grace Islet.
Victoria Director Ben Isitt has started a petition (that you can access by clicking here) asking his Board colleagues to consider expropriating the site and compensating the land owner. On his website it says:
“Local governments have the authority under the Expropriation Act to acquire property for public purposes and fairly compensate the owner;
THEREFORE we, the undersigned, call on the Capital Regional District Board to show leadership and a genuine commitment to establishing a new relationship with First Nations by acquiring the property known as Grace Islet in Ganges Harbour, for the public purpose of protecting the First Nations burial ground, with fair-market compensation provided to the owner under the provisions of the Expropriation Act.”
“The Province is refusing to act to protect this sacred site,” said Isitt. “It is quite clear under the Heritage Act that the Ministry has the power to declare a property a heritage site and compensate the owner accordingly. The Minister is refusing to do that. If he’s choosing not to, its a question – why not?”
Last Week the 13 municipalities in the Capital Regional District passed a motion requesting the Ministry rescind the permit allowing construction of a private residence.
A Government spokesperson acknowledged, “Permits may be cancelled or suspended where there is information that comes to light that was not considered when the permit was issued, the permit application contained false or misleading information, or the permit holder is in breach of the permit conditions or has contravened the Heritage Conservation Act.”
“Development and building permits are not issued by the provincial Archaeology branch. Grace Islet is currently zoned by Salt Spring Island bylaws as residential. The Capital Regional District is the authority that allowed development to proceed on Grace Islet, so you may be better off talking to the Capital Regional District.”
He added that, “The Minister, given the facts related to this situation, is not in a position to unilaterally cancel the permit.”
Isitt responded, “The Ministry can say what it wants and do what it wants, but the legislation is clear. The Minister has the power to protect sacred sites in BC.
The discovery of rock cairns and human remains on Grace Islet, in 2006, confirmed the oral testimony of elders of the W̱SÁNEĆ and Hul’qumi’num Nations that Grace was a burial Islet.
The Ministry’s Archaeological Branch never-the-less gave the owner permission to build providing he put it on stilts that go over the grave site.
Why are First Nation’s remains not treated in the same manner as those of European colonists?
The province’s Cremation, Interment and Funeral Services Act only covers burials since 1846.
That was the year the Treaty of Washington was signed. Much of of the land formerly controlled by the Hudson’s Bay company was given to the United States. The fur trading empire’s headquarters was moved north of the new border to Fort Victoria.
The oldest known graves in Fort Langley and Victoria are from the 1850‘s.
Older First Nation’s sites managed under the Heritage Conservation Act.
The difference, as one elder pointed out, is that archaeologists do not did up the remains from Victoria’s Pioneer Cemetery and put them in a museum.
British Columbia’s present treatment of First Nation burials is another carryover from our colonial past. First Nation’s people have been allowed to vote in provincial elections since 1949. Children are no longer sent to residential schools. The courts now recognize aboriginal title. Do we really wish to preserve the special treatment of European grave sites?
(Photo of Grace Islet at top of page – Courtesy Christina Marshall)