B.C. land dispute pits Band against government & logging company

The Okanagan Indian Band in British Columbia and their many supporters are defying a court order to remove a blockade that would allow a logging company access to forest that is the subject of a land claim dispute.

Vernon, British Columbia - The land claim dispute has been ongoing for over ten years. Just over two years ago, the Vernon-based Tolko Industries applied for permits to log timber on the disputed lands. After holding off on logging, in acknowledgement of the land claim, Tolko announced last year it would proceed to exercise its licencing rights. The Okanagan Indian Band, who say they have opposed the logging all along, erected barriers in October to stop Tolko from accessing the disputed land. In Feburary 2010 the Band's check-points were the subject of an emergency band meeting after the Supreme Court of British Columbia had granted Tolko industries access to the timber. At the emergency meeting, the Band unanimously approved the continuation of the blockade. Grand Chief Phillip, representing the Union of British Columbia Indian Chiefs commented on the court ruling in a press release.

“The Courts failed the people and have awarded industry. The interests of industry trump all others. In time, the Courts may grant an enforcement order and it will be up to the RCMP on how to resolve this situation in a peaceful and respectful manner. The UBCIC fully supports the Okanagan Indian Band to ensure their community’s water, history and rights are protected.”

To get to the logging area, Tolko has to drive through the Okanagan Indian Band reserve, and the band has refused to allow Tolko passage. The road, claims Tolko, is public. However, the Band is standing firm, effectively blocking the company from its logging activities and Tolko has not been able to get legal access onto the reserve. The Okanagan Indian Band say that previous logging in the area has endangered the ecological system.

"Before the introduction of Tree Farm licenses in 1962, most of the creeks running into Okanagan Lake were protected as water reserve areas. But thanks to decades of unsustainable logging practices the hills above the Okanagan Valley are a patchwork of clearcuts. The result has been fish bearing creeks that flood in the Spring and go dry in the Summer because the forest ecosystem that used to absorb and then slowly release that water has been largely wiped out."

Tolko has been planning to construct roads and harvest the trees in the Brown's Creek area, which the company says is west of Okanagan Lake. While Tolko Industries has the backing of the British Columbia legal system, the Okanagan Indian Band has the backing of the Union of British Columbia Indian Chiefs, the Okanagan Nation Alliance and the Assembly of First Nations. The Wilderness Committee has also joined the fight against logging. The province has required the Okanagan Band to provide archaeological proof that the people had been on the Brown's Creek land in the past. The Supreme Court rqequired Tolko ensure protection of archaeological sites. Tolko said

"... We contacted the Okanagan Indian Band earlier today asking them to work with us to develop these plans within the next two weeks as required by the courts. We are ready to meet with them at anytime."

Tolko has engaged in a war of words with the Okanagan Indian Band, blaming the Band for the company's decision to stop wood processing activities at its Armstrong Sawmill. the Band has responded in kind, claiming Tolko is attempting to incite violence against Band members. Chief Fabian Alexis issued a press release in response to Tolko claiming its work shut-down was caused by the Band. Chief Alexis pointed out

"... Tolko had previously put out a news release on January 19th where it announced it was curtailing lumber production due to poor market conditions. Also in its news release of February 24th Tolko made reference to BC Ministry of Transportation load weight restrictions due to unseasonably warm weather."

Chief Alexis claimed the Armstrong sawmill lot had a yard full of logs, and demanded Tolko apologise to the Band, warning

"... if they persist in trying to incite violence against our community we will not hesitate to take them before the BC Human Rights Commission."

The Okanagan Indian Band has accused British Columbia of colluding with Tolko, and has been critical of the lack of protection for the watershed from the federal government. Chief Alexis said

"The fact is that when our reserves were first established it was with the clear understanding that our water supplies would be maintained for future generations. Instead the federal government abandoned its fiduciary obligation and allowed the Province of British Columbia to sell off our water rights thus resulting in a number of fish bearing creeks that run through our reserve being reduced to dry gullies."

Both Tolko Industries and the Okanagan Nations Alliance belong to the Okanagan Innovative Forestry Society, a non-profit organization which

"... acts as a legal Society for identifying and implementing investment opportunities into the 1.6 million hectares of public forest lands of the Okanagan Timbers Supply Area in British Columbia, Canada. Investments into the forest lands will realize improved growth of the forests which will lead to incremental forestry jobs through timber harvesting and enhanced silviculture activities."

Forestry has been identified as a major contributor to the local economy in the Okanagan region. However, the unique area is home to the majority of Canada's rare, endangered and species, a situation created by the unique ecosystems found in the region, and compounded by the rapidly growing human population, according to the Okanagan Innovative Forestry Society.