Meeting My Brothers from the Westbank First Nation, British Columbia

2019 ◽  
Author(s):  
Angela D’Elia Decembrini ◽  
Shin Imai

Can municipalities infringe Aboriginal or treaty rights without consulting the affected Indigenous group? In Neskonlith Indian Band v. Salmon Arm (City), the British Columbia Court of Appeal answered this question in the affirmative, finding that the city of Salmon Arm did not need to consult the Neskonlith First Nation about impacts from the construction of a shopping mall. In what was technically obiter dicta, the Court permitted the municipal project to proceed, and told the First Nation that its only recourse was to complain to the provincial government in a separate proceeding.


2016 ◽  
Author(s):  
Wally Braul ◽  
Mike Theroux ◽  
Robbie Armfield

As public concern over fracking gains increased prominence in the media, litigation concerning the practice is starting to appear before Canadian courts. The litigation thus far has focused largely on water use and its associated licensing regimes, as well as Aboriginal treaty rights. Opponents of fracking have employed diverse strategies to combat the practice. Aside from the Environmental Appeal Board case involving the Fort Nelson First Nation, the British Columbia government and Nexen, no single strategy has proved particularly successful, though the litigation remains in its infancy. This article profiles the emerging Canadian litigation, considering it alongside the developing American civil litigation.


2021 ◽  
Vol 69 (3) ◽  
pp. 873-887
Author(s):  
Ross Hickey

In this article, I ask, "What is the relationship between rules governing band council elections and property taxation across First Nations in British Columbia?" I outline the three major categories of First Nation electoral rules: default Indian Act elections, First Nations Elections Act rules, and custom election codes. I contend that First Nations who use custom election codes are more likely to exhibit stable governance than those who do not. This mechanism can be helpful in introducing property taxation. It can also reduce property tax uncertainty—a feature known to depress on-reserve property values. I also present some suggestions for First Nations wishing to improve perceptions of taxation in their communities.


<em>Abstract</em>.—This paper situates the claims of the Stó:lō Nation, a First Nation of British Columbia, in the context of conflicts over the conservation and allocation of salmon. I address two major contestations and discuss how concepts of privatization permeate both. The first contestation is between aboriginal and nonaboriginal fishers, a conflict with a high degree of racialized tension. In this conflict, the Stó:lō have obtained recognition to participate in the commercial fishery of British Columbia as a community, holding a communal fishing license. Their community quota represents a new kind of thinking in fish conservation and allocation, a variation on a trend toward individual quota allocations that has developed in recent years, a trend called privatization. The second contestation pits salmon farming against fishing, with farming positioned as a solution to market demands and economic uncertainties, a new and powerful form of privatization. In this contestation, culture wars do not concern race, ethnicity, or historic links to land. They involve a variety of new discourses that discuss the character of salmon and construct salmon as a product to be desired more than a resource to be sustained. The paper concludes that the Stó:lō model of a community quota may stand as a beacon for rethinking and renegotiating salmon fisheries in the region. At the same time, new cultural constructions may need to emerge that make salmon fishers more visible to consumers, lest the current marketing images of salmon obscure the economic and ecological threats to salmon as a resource.


2014 ◽  
Vol 51 (2) ◽  
pp. 125-141 ◽  
Author(s):  
Murray A. Roed ◽  
René W. Barendregt ◽  
Jeff A. Benowitz ◽  
C.A.S. Smith ◽  
P.T. Sanborn ◽  
...  

Depositional evidence of Early Pleistocene glaciations in British Columbia are documented at only a few sites. Near Kelowna, in southern British Columbia, a construction project exposed glacial sediments beneath Lambly Creek Basalt, providing a minimum age for this glaciation. The basalt is composed of a number of flows yielding ages that range from 0.76 ± 0.11 to 1.5 ± 0.1 Ma. The sediments consist of a diamicton, interpreted to be till, up to 3 m thick mantled by a weakly developed paleosol. The diamicton is underlain by fluvial sands up to 5 m thick, in places revealing injection features, and minor faulting. A unit of stratified gravel underlain by grey clay is inferred to underlie the exposed sediments, based on nearby outcrops and excavations. Sediments and overlying basalts are normally magnetized and are assigned to the Jaramillo normal subchron (1.069–0.987 Ma). The till is here referred to as the Westbank First Nation Till. It is Early Pleistocene in age and represents the earliest evidence of glaciation in the Okanagan Valley. Stone fabric analysis and clast lithologies suggest that ice movement was from northwest to southeast, and is here referred to as the West Kelowna Advance; we infer that this advance was part of a larger regional glaciation. Other Early Pleistocene glaciations in the Cordillera are briefly reviewed.


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