NEGOTIATING THE PRODUCTION OF SPACE IN TL'AZT'EN TERRITORY, 1969-1984 by Philip Kluane Morris B.A., The University of Victoria, 1994 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS m NATURALRESOURCESAND ENVIRONMENTAL STUDIES (GEOGRAPHY) ©Philip Kluane Morris, 1999 THE UNIVERSITY OF NORTHERN BRITISH COLUMBIA JUNE 1999 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without the permission of the author. UNIVERSITY OF NORTHERN BRITISH COLUMBIA LIBRARY Prince George, BC Negotiating the Production of Space in Tl'azt'en Territory, 1969-1984 Abstract Henri Lefebvre has suggested that through social practices which visualize, administer, and use lands and resources, a society produces the space in which it operates. He emphasized the heterogeneity of social space and argued that it is a group' s political power which determines its ability to influence the production of space. Historical geographers have described the means by which Europeans created new geographies in British Columbia, but little attention has been paid to the role Native people may have played in the production of space. There is a need to recognize pre- and post-contact Native spatiality and its influence on the legal and social spaces of British Columbia. Prior to the arrival of Europeans in central British Columbia, the territory of the Tl'azt'en people was a social and political landscape. Gradually Euro-Canadian visualization, administration and uses of land and resources were superimposed on Tl'azt'en space. Yet Tl'azt'en spatiality was never totally erased. As a result, Tl'azt'en territory can neither be viewed as a space which reflects purely the Tl' azt'en, nor purely the EuroCanadian, production of space. Instead the territory is made up of shared spaces and hybrid spaces which resulted from the interaction of Tl' azt' en and Euro-Canadian societies. The Tl'azt'en' s ability to influence the production of space varied with their political power but never completely disappeared. The potential continued to exist for Tl ' azt' en spatiality to influence the production of space in their territory if they gained more political power. The social processes involved in the production of space are perhaps most visible when two parties are negotiating the allocation and management of lands and resources. In the 1970s the Tl ' azt' en were engaged in negotiations with the Pacific Great Eastern/British Columbia Railway and the Provincial Government over the construction of a railway through their traditional territory. The Tl ' azt' en used their Indian Reserve rights and threats of blockades to create a political space in which they could engage the Government in negotiations over the administration of lands and resources in their territory. The parties reached an agreement by which the Tl'azt'en acquired thirty-five new reserves and a Tree Farm License. Through these negotiations Tl'azt'en social and economic goals were inscribed to a significant degree within the spatial organization of the territory. Like current treaty negotiations, the negotiations between the Provincial Governrnent and the Tl ' azt' en in the 1970s involved compromises by both parties, and resulted in the creation of new hybrid social spaces which reflected the goals and strategies of both groups. 11 Table of Contents Abstract .................... ...... .ii List of Maps ..... ... ..... ...... v List of Figures ................. vi List oflnterviews ........... ..vii Acknowledgments .......... .viii Notes ... ... ........................ .ix Introduction Chapter One - The Production of Space and the Geographies of B.C. 1.0 Introduction 1.1 The Production of Space 1.2 Geographies of Power 1.3 The Space that Difference Makes 1.4 Spaces ofNegotiation and Negotiated Spaces 1.5 The Production of Space in British Columbia 1.6 Native Influence on British Columbian Space 1.7 Creating Spaces ofNegotiation: Native Geopolitical Action in B.C. 1.8 Methodology Chapter Two- Geographic Change in Tl'azt'en Territory 1800-1969 2.0 Introduction 2.1 Tl'azt'en Territory 2.2 The Fur Trade and the Omenica Gold Rush Indian Reserves: the First Non-native Organization of Tl' azt' en space 2.3 Introduction of Government Administration, 1900-1926 2.4 1926-1969 2.5 2.6 Conclusion Chapter Three- Tl'azt'en Negotiations with PGE/BCR 1969-1974 3.0 Introduction 3.1 Native People and Railway Development in British Columbia 3.2 The Pacific Great Eastern Railway 3.3 Negotiations between PGE and the Tl'azt'en, Winter 1968/69 3.4 The January 1969 Agreement 3.5 Relations between PGEIBCR and the Tl' azt'en During Construction 3.6 Concerns about the Impact of the Railway on Wildlife Tl'azt'en Re-open Negotiations, August 1973 3.7 3.8 Expanding the Scope ofNegotiations 3.9 Conclusion 1 5 5 8 10 14 16 18 20 24 29 30 32 35 37 44 55 59 60 62 64 68 71 75 79 84 88 lll Chapter Four- Tl'azt'en Negotiations with the Provincial Government, 1974-1984 4.0 Introduction 90 Native Blockades - Contesting the Production of Space 4.1 91 4.2 Tl'azt' en Exercise their Property Rights 93 4.3 Negotiations Resume Concerning Economic Development Options 101 Tl'azt'en Decide to Negotiate for Timber Rights 4.4 104 Provincial Offer/Tl ' azt' en Counter Offer/Provincial Offer 4.5 107 The 1984 Agreement 4.6 113 Conclusion 4.7 118 Chapter Five- Negotiated Spaces and New Spaces of Negotiation 5.0 Negotiated Spaces: The Space Created by the 1984 Agreement 5.1 Spaces ofNegotiation: Continuing Tl'azt' en Geopolitical Action 5.2 Conclusion 119 130 134 References 135 IV LIST OF MAPS Map 2.1 Northern British Columbia Map 2.2 Tl'azt'en Territory, 1800s sources: Traditional Territory boundary from 1998 map in Tl' azt' en NROC. Keyoh boundaries represented by contemporary Registered Trapline boundaries. Line-work obtained from Ministry of Environment, Lands and Parks. Map 2.3 Tl'azt'en Reserves, 1871-1926 sources: Reserve applications and allocations from: DIA File 985/30-26-1, Vol.l 1948-1969 Tl'azt'en NROC; "Barricade Treaty" Documents Compiled by the Carrier Sekani Tribal Council, Tl'azt'en NROC; and reports prepared for Tl'azt'en Nation by Yasmeen Qureshi and Linda Vandenberg and Associates. Data on private land from Crown Land Registry, Surveyor Generals Branch, Ministry of Environment, Lands and Parks, Victoria. Map 2.4 Development in Tl'azt'en Territory 1940s-60s sources: Portable saw mill locations from: "Sawmill Inventory and Preliminary Investigation." Fort St. James District, Ministry of Forest. Timber harvesting locations from: Box: 37 Stuart Lake P.S.Y.U. GR 1110, BCARS; and from interviews with Pierre John (June I, 1998), Robert Hanson (June 4, 1998), and Jimmy Monk (June 12, 1998), Johnny Anatole (June 16, 1998), Norman Prince (June 19, 1998), Bob and Doug Hoy (June 25, 1998). Map 2. 5 Tl' azt' en Reserves, 1940s-1960s sources: Reserve applications and allocations from: DIA File 985/30-26, 1960-1968.; and Camp 24 File, Vol. I, Tl'azt'en NROC. Data on private land from Crown Land Registry, Surveyor Generals Branch, Ministry of Environment, Lands and Parks, Victoria. Map 3.1 PGE Extensions in Northern B.C. source: John Wedley, 1998. "A Development Tool: W.A.C Bennett and the PGE Railway." BC Studies 117:30. Map 3.2 Pacific Great Eastern Railway Route Map 3.3 The January 1969 Agreement source: Surrender and Compensation lands from: G.L. Ritchie (PGE) to A.C. Roach (DIA). January 31, 1969. Box: Land Claims Second Copies, File: STB vs. BCRail. Tl'azt'en BOBC. Map 3.4 The Land Exchange in July 1973 source: Surrender and Compensation lands from: L.F. Swannell to J.D. Hartley. August 3, 1973. Box: Land Claims Second Copies, File: STB v. BCRail. Tl'azt'en BOBC. Map 3.5 The Reconfiguration ofTl'azt'en Territory, 1974 sources: Licensee Operating Areas provided by Prince George Regional Office, Ministry of Forests; Data on private land from Crown Land Registry, Surveyor Generals Branch, Ministry of Environment, Lands and Parks, Victoria. Map 5.1 The Final Agreement, 1984 sources: New reserves from: Agreement Between Tl'azt'en Nation and British Columbia Railway and the Government of British Columbia, June 1988. Tl'azt'en NROC. Tree Farm License 42 boundary from Tanizul Timber Ltd. v LIST OF FIGURES Figure 2.1 Figure 2.2 Figure 2.3 Tl'azt'en Reserves, 1871-1898 Tl' azt' en Reserves, 1898-1926 Tl'azt'en Reserves, 1949 36 43 53 Figure 3.1a Figure 3.1b Figure 3.2a Figure 3.2b Figure 3.3 Figure 3.4 Surrender Lands, 1969 Compensation Lands, 1969 Surrender Lands, 1973 Compensation Lands, 1973 Stuart Trembleur Band Council Resolutions, August 30, 1973 Band Strategy Meeting, October 13, 1974 68 69 77 77 80 88 Figure 4.1 Figure 4.2 Figure 4.3 Figure 4.4 Figure 4.5 Letters to BCR from Tl'azt'en Children, April 1975 Tl'azt'en Reasons for Blockading BCR, April28, 1975 Tl'azt'en Remove the Blockade, August 15, 1975 Band Members ' Statements to the Minister, February 17, 1977 Stuart Trembleur Band's Counter Offer, July 15, 1977 95 96 101 109 111 Figure 5.1 Figure 5.2 Tl'azt'en Reserves Included in TFL 42 Compensation Lands, 1984 120 125 VI LIST OF INTERVIEWS Interview Date Second Interview ..~Y.~.~.~!.A!~.~ .......................................................M~.Y...?§:...!.?.2.L ................. .....................!.Y.'!.€!...1:..!.2.?.§. ..................... ..9..~~!)-.Y..A!!?.~!.~................................ .................M~E~~.??.~.J?..?.~.:................. ................f..f!.~t:Y.f:!:Y.):..!.2.?.§. ................ .}~~,!"!..~.1.~~.~~................................... .................M~E~~.~.?.~...I.?..?.~.:..................................................................................... ..l.~~!)-.Y...~!)-.~!9.!~............................ ....................l-~!.1:~ .. !.§.,..!.?.2.~........................................................................................ ..9.9.!.~~~..~!:1.~.~~ .............................. ................. 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L~~..J.2.?.~.~ ....................................................................................... ..~9.~..!i9.Y............................................................. }~!.1.~ ..?2.,..!.?.2.~.................... ................................................................... . .. P..?.YEiJ:J.g.Y. ...................................... ....................l-~!.1.~ ..?2.,..!.?.2.~........................................................................................ .. §g..~.~~~........................................... ...............f.f!. k!..lf.q!.Y...?.:.. l.?.?.§:: ............... ....................AP.E!.\..?.:)2.?.2. .................... ..?..!~!!.~..!.~~..................................... ....................}~!.1.~ .. !.1.. .1.2.?.!?. ..................... .................................................................... ..~.~!~.~~).~~~P.h............................... ..................!..1f.t!. Gregory, "Lacan and Geography," 228. 38 Soja, Third Space, 87. In fact for Homi Bhabha ' third space' is ' hybridity '. See Katharyne Mitchell, 1997. " Different Diasporas and the Hype of Hybridity." Environment and Planning D: Society and Space 15 :536. 14 1.4 Spaces of Negotiation and Negotiated Spaces One area where the role of difference in the production of a hybrid space may be most recognizable is where two parties are engaged in negotiations over the administration and use of land and resources. If one of the parties is relatively less powerful, it will employ various political strategies to attempt to create a forum, or 'space of negotiation', where it will have the opportunity to make its voice heard. Much of the literature has focused on the creation of such political spaces of resistance, yet surprisingly few authors give any account of how space is reconfigured as a result of these efforts. 39 This is partly attributable to the fact that many authors are consciously more concerned with discourse than with material space. 40 It is also true that not all social struggles are over land, but it does appear that analyses have become preoccupied with abstract social processes and have been side-tracked from documenting actual spatial forms. As Katharyne Mitchell states, "the contemporary celebration of the disruptive qualities of diasporic identity, hybridity, and third spaces is premature .. .it is the fetishization of these terms that allows for their quick appropriation; in order to ensure more progressive meanings the concepts must be historically and geographically located. This type of theorizing, one which is embedded in specific histories and maps, enables a richer comparative understanding of processes and events, and avoids the kinds of slippages and abstract spatial metaphors so common to literary criticism and cultural studies." 41 39 There are some accounts which show ' the space resistance makes' but they appear to be the exception rather than the rule . See, e.g., Hanham and Banasick, "Japanese Labor and the Production of the Space-Economy in an Era of Globalization." Though more concerned with the struggle itself, Ripmeester mentions spaces chosen and created by Ontario Indians in resistance to the prospects of life within the constructed world of a Catholic mission. Those who chose not to live at the mission chose lands that would become their Indian Reserves. See Michael Ripmeester, 1995. '" It is scarcely to be believed ...': The Mississauga Indians and the Grape Island Mission, 1826-1836." The Canadian Geographer 39(2):157-168. 4 ° For an argument against this trend see Don Mitchell, 1996. The Lie of the Land: Migrant Workers and the California Landscape. Minneapolis: University of Minnesota Press. Pages 4-5. 41 Katharyne Mitchell, 1997. " Different diasporas ," 551. She is particularly critical of the work of Edward Soja. 15 More attention should be paid to the spaces produced as outcomes of social relations, rather than just to the spatial dimension of social interaction. Negotiations between groups in a society give us an opportunity to identify and understand both the social relations and the spatial outcomes. In negotiations over the production of space the values and goals of each group are made visible in what each attempts to negotiate for. 42 Differences in the relative power of the groups may exist, but a negotiated agreement would produce a hybrid 'negotiated space ' that reflects to some degree the modes of production and spatial strategies of both groups. There is a need to recognize that one group's ability to impose its spatial organization on another is not as absolute as Ken Brealey or Cole Harris have suggested. 43 Instead social space is more often heterogeneous, and multiple influences 'intertwine' and ' interpenetrate' to produce a hybrid space. At certain times, the power of one group to influence the production of space may be limited, but their spatiality may continue to exist and to have the potentia] to re-emerge if the group gains enough political power. This may (I ~\ be most visible where a typically less empowered group is able through poli ical efforts to engage the dominant group in negotiations over the definition, the administration or the use of lands and resources. Lefebvre ' s concept of the Production of Space emphasizes the social practices and social relations that create social space. It calls attention to the significance of political power and encourages a recognition of the heterogeneity of space. The Production of Space, 42 See, e.g., Barbara Morehouse, 1996. " Conflict, Space and Resource Management at Grand Canyon." Professional Geographer 48( 1):48. 43 See Cole Harris, 1995. "Towards a Geography of White Power: The Cordilleran Fur Trade." The Canadian Geographer 39(2):131-139; and Ken Brealey, 1997. "Travels From Point Ellice: Peter O'Reilly and the Indian Reserve system in British Columbia." BC Studies 115 & 116:182-236. 16 therefore, appears to be a useful tool for understanding the spatial history of British Columbia and providing insight into: pre-contact Native spatiality and its persistence into the modem era; colonial and post-colonial constructions of Native territories; Native geopolitical action and contemporary spatiality; and, negotiations over the production of space. 1.5 The Production of Space in British Columbia The space now known as British Columbia was Native space- a space defined, administered, and used by Native societies. The works of Cole Harris, Ken Brealey and Daniel Clayton have explored the practices by which Europeans re-produced the geography of this part of North America. 44 These authors trace how European spatial imagination was introduced into Native spaces, first through discourse and cartography, later through the institution of a new land administration, and also through European settlement and use of lands and resources. By emphasizing the tactics by which geographic change was imposed on, and negatively affected, Native people, this literature has made an important contribution to our understanding of the construction of British Columbian spaces. Yet these works often do not consider the possibly of Native influence on the European production of space. 45 Harris' The Resettlement of British Columbia has been criticized for not exploring how Native people "might have appropriated, transformed, or 44 See Cole Harris, 1997. The Resettlement of British Columbia: Essays on Colonialism and Geographic Change. Vancouver: University of British Columbia Press; Daniel Clayton, 1992. "Geographies ofthe Lower Skeena." BC Studies 94:29-59; Ken Brealey, 1995. "Mapping Them Out: Euro-Canadian Cartography and the Appropriation of the Nuxalk and Ts'ilhqot'in First Nations' Territories, 1793-1916." The Canadian Geographer 39(2): 140-156; and Ken Brealey, 1997. "Travels From Point Ellice: Peter O'Reilly and the Indian Reserve system in British Columbia." BC Studies 115 & 116:182-236. 45 See, especially, Cole Harris, 1995. "Towards a Geography of White Power; and Brealey, "Peter O'Reilly." 17 subverted the culture of the colonizers for their own purposes", and for not including more "Native voices." 46 Similar omissions can be seen in the work of Ken Brealey. The approach of these works stands in contrast to the recognition that historians have given to Native agency. 47 A scarcity of sources which contain data on Native action for earlier periods of British Columbian history are partly responsible for the lack of accounts of Native influence on the production of space. However, it must be noted that the goal of both Brealey and Harris has been to deconstruct readers' perspectives, and replace them with a view of British Columbia as a space of injustice. To do this, they have emphasized European power and suggested that Native power was insufficient to challenge and influence geographic change. Over-reliance on "official sources of data" is one of the principle reasons that authors have discounted the actions and potential influence ofless empowered groups in society. 48 Harris tends to infer, with limited information from Native sources, that European imposed geographic change caused widespread dislocation and disruption to Native societies in British Columbia. In a more recent work, however, he admits that the lack of data has meant that representations of the contact period are "preliminary and inconclusive. " 49 46 Tina Loo, Book Review of Cole Harris, 1997. The Resettlement of British Columbia: Essays on Colonialism and Geographic Change. BC Studies 117:66 47 See, e.g., Robin Fisher, 1977. Contact and Conflict: Indian-European Relations in British Columbia, 1774-1890. Vancouver: University of British Columbia Press; Arthur J. Ray, 1974. Indians in the Fur Trade: Their Role as Hunters, Trappers and Middlemen in the Lands Southwest of Hudson Bay, 1660-/870. Toronto: University of Toronto Press; and Robin Brownlie and Mary-Ellen Kelm, 1996. "Desperately Seeking Absolution: Native Agency as Colonialist Alibi?" Out of the Background: Readings on Canadian Native History. K. Coates and R. Fisher (eds.). Toronto: Copp Clark Pitman Ltd. Second Edition. Page 211. 48 Vera Chouinard, Book Review of Nicholas K. Blomley, 1994. Law, Space, and the Geographies of Power. New York: Guildford Press. 1994. Antipode 28(2):21 0. 49 Cole Harris, 1997. "Social Power and Culture Change in Pre-Colonial B.C." BC Studies 115 & 116: 79. 18 Harris and Brealey have done much to bring to our attention the European influence on British Columbia' s spatial form. Yet, as recognized elsewhere in the discipline, geographers should do more to represent the complexity and ambiguity present in social relations and, therefore, in the production of space. At a time when Native people are reasserting traditional territorial ownership, organization and place-names, accounts ofNative influence on and resistance to the European production of space are informative. 1.6 Native Influence on British Columbian Space Consideration of the influence ofNative people in the production ofBritish Columbian space must begin with an appreciation of the pre-contact Native production of space. The anthropologist E,N. Wilmsen has noted that Aboriginal peoples often "face an obstacle uniquely applied to that classificatory status- the claim that they, alone among the peoples of the earth, have no institutions in land." 50 What we must recognize instead is that, as Bruce Willems-Braun has pointed out, "long before the contact period (from time immemorial), First Nations peoples had clear conceptions of ownership, political authority, and social and ecological responsibilities ... [a First Nation's territory was] a fully social and politicallandscape." 51 It is even more important to recognize that Native visualization, administration and use of spaces did not disappear after contact. Recent assertions of traditional family and Nation territories by Native people also give credence to Lefebvre's 50 E.N. Wilmsen (ed.), 1989. We Are Here: Politics of Aboriginal Land Tenure. Berkeley: University of California Press. Page ix. 51 Bruce Willems-Braun, 1997. " Buried Epistemologies: The Politics ofNature in (Post)colonial British Columbia." Annals of the Association of American Geographers 87(1 ):24. 19 statement that "[n]othing disappears completely ... In space, what came earlier continues to underpin what follows. The preconditions of social space have their own particular way of enduring and remaining actual within that space." 52 Accounts of how this has been true in British Columbia are greatly needed. Another step forward in our understanding of the production of space is to deconstruct the assumption that European power to re-make the life-world ofNative people was absolute, and that Native people were always negatively effected by European generated change. For example, Harris makes an important observation when he points out that, at first, the "geopolitical games" of mapping andre-inscribing Native space as European space "took place elsewhere and, [prior to extensive settlement] had a negligible impact on the people of the region." 53 Susan Marsden and Robert Galois ' s remarkably detailed account of a Tsimshian Chief s efforts to organize his fur trading territories is evidence that in some areas of British Columbia, Native organization of space continued to be the organization of space for some time after contact. 54 We need to recognize that there was great diversity in the nature and timing of contact and geographic change experienced by different Native groups. More research into the experience of single Native groups is needed to develop a fuller understanding of the actual impact of European imposed production of space, and the way in which Native and European spatiality interacted in the period since contact to produce the space of British Columbia. ~ Lefebvre, The Production of Space, 229. 53 Harris, "Social Power and Cultural Change," 66. Susan Marsden and Robert Galois, 1995. "The Tsimshian, The Hudson ' s Bay Company, and the Geopolitics of the Northwest Coast Fur Trade, 1787-1840." The Canadian Geographer 39(2): 169-183. 54 20 1.7 Creating Spaces of Negotiation: Native Geopolitical Action in B.C. Marsden and Galois' account of the Tsimshian fur trade was successful in stripping away some of the invisibility ofNative politics and strategies. Their work provided some recognition of the potential for Native geopolitical action in the contact period, and showed how Native goals were inscribed on the social landscape. Bruce Stadfeld, an historian, has made a contribution to our understanding ofNative geopolitical action by detailing encounters between Natives and non-natives over the definition and use of land in Nineteenth Century British Columbia. He found that "the definition that resulted was often dictated and shaped by these individual negotiations and conflicts; the land itself was recreated to reflect these power struggles." 55 Yet, Stadfeld was more concerned with the Native power to create spaces of negotiation, rather than with the actual physical spaces which resulted from these encounters. As Ken Coates and Robin Fisher have pointed out, very little has been written on the experience ofNative people in the mid-Twentieth Century.56 Perhaps scholars have the impression that what transpired in this period was only a ' playing out' of histories and geographies determined in the previous period. Paul Tennant's work has certainly shown that Native people continued to make history this Century (and I would argue that they also continued to make geography). 57 Yet a significant gap still exists in our understanding of what happened in the spaces of Native territories between the settlement period and the 55 Bruce Stadfeld, 1993. " Manifestations of Power: Native Response to Settlement in Nineteenth Century British Columbia." M.A. Thesis, Department of History, Simon Fraser University. Page 60. 56 Ken Coates and Robin Fisher eds. 1996. Out of the Background: Readings on Canadian Native History. Missassauga: Copp Clark Ltd. Second Edition. Page 2. 57 See three works by Paul Tennant: Aboriginal People and Politics: The Indian Land Question in British Columbia, 1849-1989. Vancouver: University of British Columbia Press; " Native Indian Political Organization in British Columbia, 1900-1969: a response to Internal Colonialism." BC Studies 55 :3-50; and "Native Indian Political Activity in British Columbia 1969-1983 ." BC Studies 57: I 12-136. 21 period of modern Native political activism (i.e. 1975). The power discrepancy that was often present this Century between Native people and the Provincial Government and industry is obvious in the experiences of the Cheslatta or the Tsay Keh Dene with hydroelectric developments. 58 In cases such as these, Native groups were unable to create a space of negotiation where their influence could be incorporated into planning, and thus EuroCanadian constructions of space were imposed on Native people and their territories. In the 1970s, Aboriginal land use and occupancy mapping projects began making Native spatiality more visible and, therefore, influential. 59 These type of studies, and the history of Tl' azt' en territory described in Chapter Two, should help us recognize that the re-emergence ofNative spatiality as a shaping force in British Columbian geography in the 1980s and 1990s is not that surprising, given that Native visualization, administration, and use of space was never totally dispatched or destroyed by the Euro-Canadian production of space. Political power is the key variable which determines the ability of groups to influence the production of space and, as Native political power has increased, Native resistance to the Euro-Canadian production of space has grown significantly in British Columbia. Two recent articles by geographers have dealt with this subject. Nicholas Blomley describes blockades in British Columbia as an action which materially and symbolically challenge Government ownership and jurisdiction and non-native use oftraditional Native space. 60 Blockades are in fact an assertion of Native space, and an effort to influence the Euro-Canadian view of 58 See Mary Koyl, 1993. "Cultural Chasm: A 1960s Hydro Development and the Tsay Keh Dene Native Community of Northern British Columbia." M.A. Thesis, Department of History, University of Victoria. 59 See, e.g., M.R. Freeman, 1976. The Inuit Land Use and Occupancy Project. Department of Indian and Northern Affairs; and Hugh Brody, 1981. Maps and Dreams: Indians and the British Columbia Frontier. Vancouver: Douglas and Mcintyre. 60 Nicholas B1omley. 1996. "'Shut the Province Down': First Nations Blockades in British Columbia 1984-1995." BC Studies 111:5-35. 22 that land. Their purpose is to create a space of negotiation where two visions of the same space can be reconciled. Blomley' s article does not discuss what, if any, negotiations resulted from blockades in British Columbia, or if negotiations resulted in the production of hybrid spaces. Blomley does suggest that more research of such Native resistance on a case by case basis is required. Matthew Sparke has discussed the 1991 Delgamuukw court case during which two representations of the same space (Euro-Canadian maps and Gixtsan and Wet'suwet'en maps) were placed injuxtaposition. 61 Gixtsan and Wet'suwet'en spatiality, manifested in place names, House territories, and resource use sites, challenged observers to rethink British Columbia's official geography. Sparke is particularly interested in the Native strategy of using legal action to challenge the legal system's own foundation, and using the non-native technology of cartography against the state. 62 In the court room, the two historical geographies stood in stark contradiction, and did not result in the negotiation of a compromise. Though he concludes that the Gixtsan and Wet'suwet' en efforts to dismantle the dominant production of British Columbian space failed, Sparke' s account captures the power relations that produced that outcome. Through various geopolitical efforts, Native people have begun to, as Brealey puts it, "cast some doubt over the legitimacy of our own space." 63 Recently Native people have done this by creating some powerful spaces of negotiation: "the space of Calder v. Attorney 61 Matthew Sparke, 1998. "A Map that Roared and an Original Atlas: Canada, Cartography and the Narration of Nation." Annals of the Association of American Geographers 88(3):464. 62 For more on Native use of cartography in resistance to Government representations of space see Ken Brealey' s forthcoming Ph.D. dissertation, Department of Geography, University of British Columbia; and Nancy L. Poluso, 1995 . " Whose Trees Are These: Counter-Mapping Forest Territories in Kalimantan, Indonesia." Antipode 27(4):383-406. 63 Brealey, "Peter O ' Reilly," 235 . 23 General, Nisga'a AlP, of the blockades, and Delgamuukw v. BC, ... of the Sechelt Self Government Act, and the British Columbia Treaty Commission."64 I would suggest that the treaty negotiations which are now taking place in British Columbia are negotiations through which Native lives and goals will be inscribed in space. Through these negotiations Native visualization, organization and use of lands will to some degree be manifested in the production of new hybrid spaces. Yet an examination of spatial change in Tl'azt'en territory reveals that the Tl'azt'en had a significant influence on the production of space prior to the contemporary period of Native geopolitical action. As I have stated earlier, a more accurate perception of the historical geography of British Columbia must begin with an appreciation of pre-contact Native spatial organization, and its persistence outside and within the imposed EuroCanadian productions of space. Chapter Two will describe how European constructions of space were introduced on top ofTl'azt' en space between 1800 and 1968, but remained "suspended" (as Brealey has put it) because Tl'azt'en visualization, administration and use of land continued. 65 Tl'azt' en spatiality was never fully suppressed and continued to be influential in moments of political opportunity. The potential also existed for it to re-emerge to influence the Government production of space to a greater degree if Tl' azt' en political power should increase. The social interaction involved in the production of social space is perhaps most visible when two parties are negotiating the allocation and management of lands and resources. Chapters Three, Four and Five will document the Tl'azt'en's negotiations with 64 65 Brealey, "Peter O'Reilly," 235. Brealey, "Peter O' Reilly," 235. 24 the Pacific Great Eastern/British Columbia Railway and the Provincial Government between 1969 and 1984. An examination of this period shows clearly the nature and extent of the Tl ' azt' en' s influence on the space of the territory. Through these negotiations the Provincial Government's administration of the territory was altered, but not to the extent the Tl'azt' en had hoped for. Nonetheless, Tl' azt'en social and economic goals were inscribed within the spatial organization of the territory to a significant degree, and the space of the Final Agreement was a hybrid which reflected the influence of both Euro-Canadian society and the Tl ' azt' en. 1.8 Methodology I was given the opportunity to study the history of the Tl ' azt' en and their territory because of my involvement with a research project studying the Tl ' azt' en' s operation of Tree Farm License 42. That research began with the questions: why did the Tl 'azt'en want timber rights? and, what were their original expectations for their community forestry operation? To understand the Tl ' azt' en ' s motivations and aspirations in the talks with the Government which led to the granting of Tree Farm License 42, it was necessary to review all available written sources on Tl' azt' en history, and also to conduct interviews with many Band members. I was fortunate to be able to spend a lot of time in the community, and to even live in Tache for two months. It is apparent to me that research into the experience this Century of individual First Nations is required, rather than research done at arms length, or with too much reliance on non-native written sources, or in a manner that would not uncover inaccuracies in our assumptions ofNative/Non-native interaction. While studying the process of political, economic and spatial change in Tl ' azt' en territory between the 1800s 25 and the early 1980s, I was always conscious of the current politics of space in British Columbia, and it was my desire to write a thesis which linked the two. The theoretical framework was chosen because I believed that it is applicable to any period ofNative history- pre or post-contact- and because I felt that the ideas would also be well understood by the Tl' azt' en. Written and oral data are both the products of people who have incomplete and limited powers of observation, and selective and fallible memories.66 The researcher must also be aware that an oral and written record was produced in a specific context, including the time it was written, the purpose, and the original intended audience of the record. The information must be evaluated for validity (degree of conformity with other sources, i.e. accuracy), and reliability (consistency with which an individual will tell the same story about the same events on a number of different occasions). 67 Reliability is checked by doing multiple interviews of same person, accuracy checked by consulting other sources and comparing accounts.68 I did enough interviews to be able to check for validity. I did a few second interviews but did not feel that more comprehensive tests for reliability were needed. The literature on conducting interviews advises the researcher to be conscious of his assumptions so that they are managed. Preconceived conclusions can result in the researcher posing leading questions which can distort a respondent's account of the past. 69 Researcher assumptions can also result in a narrow plan of questioning. I attempted to use open ended 66 Gary Okihiro, 1996. "Oral History and the Writing of Ethnic History." Oral History: An Interdisciplinary Anthology. David K Dunaway and Willa K. Baum (eds .). Walnut Creek: Altamira Press. Page 202. 67 Alice Hoffman, 1996. "Reliability and Valid ity in Oral History." Oral History, 89. 68 Valerie Raleigh Yow, 1994. Recording Oral History: A Practical Guide for Social Scientists. London: Sage Publications. Page 21 . William Cutler, 1996. " Accuracy in Oral Hi story." Oral History, I 02. 69 26 questions to decrease the potential for distorted answers, and to allow each respondent the scope to develop the answers he or she chose. 70 I had an interview guide but I generally asked the respondent to tell their own story, starting with their childhood. This was a deliberate effort to allow the respondent to bring up those things from Tl 'azt' en history which they thought were important or interesting. Obtaining a more complete life history was also beneficial for placing specific events in context, and avoided projecting my own perspective in the interviews by overly directing the subject matter. Because of this approach, the interviews did not focus on the 1970s negotiations with the Railway and the Provincial Government. But getting detailed information on the railway negotiations from interviews was not as desirable or necessary because I had found written sources which covered the dispute with the railway. This meant that I relied less on peoples' memories to reconstruct events of the railway negotiations. Instead the interviews were used to supplement the written sources, and to provide information on the earlier history which was not recorded in either Government or Tl ' azt' en written sources. The interviews also provided accounts ofTl' azt' en participation in the mining, freighting and forestry activities in their territory that is not found elsewhere. The interviews produced information about the nature and extent of the impact of non-native activities on Tl'azt'en activities. Primary written sources were obtained from several locations. Sixteen Record Groups at the Provincial Archives were searched for information concerning the history of non-native activity in the area and relations between the Tl ' azt'en and non-natives. I found little information at the Archives on the Tl ' azt'en. This research primarily helped reconstruct the history of forestry activity in their territory. It was important to 70 Donald A. Ritchie, 1995. Doing Oral History. New York: Twayne Publishing. Page 68. 27 supplement this information about non-native activity with Tl'azt' en views of forest development, and with information about Tl'azt'en involvement as wage labourers. Additional data on Crown Grants and land transactions were obtained from the Land Titles Branch, Ministry of Lands, Environment and Parks, Victoria. Documentation on the Tl ' azt'en' s application for a TFL was obtained from the Resource Tenures Branch, Ministry of Forests, Victoria. A variety of contemporary and historical documentation, most notably a collection of Department oflndian Affairs' files, was available at the Tl'azt'en Natural Resources Office in Tache Village. The Band' s own files were contained at the Band Office, also in Tache. Unlike other situations where the Native people did not document their experience in their own writing, the Tl' azt' en produced and saved a large written record of their negotiations with the Railway and the Provincial Government. 71 The most significant source at this location was a considerable collection of the written record from the Band's fifteen year negotiations with the Pacific Great Eastern/British Columbia Railway and the Provincial Government. This collection included correspondence between the Band, DIA and the railway company. More importantly the Band Office collection contained letters between the Band and its lawyer, between Band members, and between the Tl'azt' en and other Bands. It also provided transcripts of Band meetings and of negotiation meetings. The written Tl ' azt'en sources, and the oral data, have allowed me to better document how the Tl'azt'en's perceived their experiences than would be possible with only Government sources. I have purposefully included many quotes from these sources in my 71 See Mary Koyl, 1993. " Cultural Chasm: A 1960s Hydro Development and the Tsay Keh Dene Native Community of Northern British Columbia." M.A. Thesis, University of Victoria. Page 16. 28 account in an effort to not filter the Tl ' azt' en's words, and to make the point that the Tl ' azt' en had a voice in these negotiations. Yet I should emphasize that my purpose is not to present the events from multiple viewpoints, but rather I have used the Tl'azt' en sources to uncover the Tl'azt'en' s role in the events. I often refer to the Tl ' azt' en community as it were a single entity. As I have described on Page ix, the identity of the Tl ' azt' en community is complex and evolving. It is also wrong to assume that all Tl ' azt' en shared the same experiences and possessed the same goals, or that the Tl'azt' en always acted in concert. I do not wish to oversimplifY the nature of the Tl'azt'en community in my account. However, at many times in the events depicted here the Tl ' azt'en community was unified in their experience and perceptions- the Tl ' azt'en have probably never been as united in any matter as they were in their struggle with the Railway. But it should also be noted that, as with any community, there exists a diversity of interests and perspectives within the Tl'azt' en membership. This, in fact, is recognizable in the variety of types of spaces the Tl' azt' en created in the events to be described in the pages which follow. 29 Two. 2.0 Geographic Change in Tl'azt'en Territory to 1969. Introduction This chapter traces how the European production of space was introduced into Tl'azt'en territory. This review of Tl' azt' en land history is intended to set the stage for a more in-depth study of the period of 1969-1984. It is not intended to be an examination of cultural and economic change ofthe Tl 'azt'en. 1 European modes of visualization, administration, and use of space were gradually superimposed over Tl 'azt'en organizations and uses of space. Though altered and constrained, Tl'azt'en spatiality was not erased or displaced. For a long time the two geographies existed simultaneously with little conflict, and linkages between the two were created. As the non-native mode of production was instituted in Tl' azt' en territory (i.e. a government directed property rights system), it was employed by the Tl'azt'en to gain recognition and protection for lands and resources they valued. Tl'azt'en spatiality, which also transformed somewhat along with their economy, shaped the creation oflegal spaces within new production of space through various forums such as the Barricade Treaty, the Reserve Commissions, and the registration oftraplines. However, we will see that an accurate portrayal For more on these subjects see: A.G. Morice, 1892. "Are the Carrier Sociology and Mythology Indigenous or Exotic?" Proceedings and Transactions of the Royal Society of Canada for the year 1892. Pages 109-128; Julian Steward, 1941 . "Recording Culture Changes Among Carrier Indians of B.C." Exploration and Field Work of the Smithsonian institute in 1940. Pages 83-90; Vernon Kabrinky , 1977. "The Tsimshianization of the Carrier Indians." Problems in the Prehistory of the North American Sub-arctic: the Athapascan Question. Helmer (ed.). The Archeology Association of the University of Calgary ; and Douglas R. Hudson, 1983. "Traplines and Timber: Social and Economic Change Among the Carrier Indians of Northern British Columbia." Ph.D. Dissertation. Department of Anthropology , University of Alberta. 1 30 of the history ofTl'azt'en space requires consideration of both their legal rights to land and the geographies ofTl'azt'en wage labour and continuing off-reserve bush economy. The spaces recreated in Tl'azt'en territory this century were not simply non-native spaces, and opportunity and power to produce space were not solely in the possession of non-natives. Through this period Tl' azt' en power to control the production of space in the territory diminished significantly, but it was only in the late 1960s that the Euro-Canadian production of space reconfigured the territory in such a way the Tl'azt'en's off-reserve space was significantly reduced. 2.1 Tl'azt'en Territory The territory ofthe Tl'azt'en people is located in central British Columbia (see Map 2.1). It is situated just north of present day Fort St. James in the forested uplands where the Nechako Plateau meets the Omenica Mountains. The territory is centred on Stuart and Trembleur Lakes and mostly lies within the Fraser River watershed. Prior to the arrival of Europeans, Tl' azt' en territory was a fully social and political landscape. The boundaries of the territory were recognized by the neighbouring Carrier groups: Nak'azdli to the south and east, Takla to the north, and Babine to the west. The Tl'azt'en had named the places and features around them, and they had organized the territory in keyohs (family hunting and gathering grounds). Map 2.2 is an attempt to represent the way in which the keyoh system organized the territory and distributed resource access rights among Band Northern British Columbia Map 2.1 \ \ ---,._ N.W._T. ) ~, ' \ \ --l I \ Legend Provincial Highway Tl'azt'en Traditional Territory N A 31 members. It also shows the Tl ' azt' en' s fi ve permanent village sites? The Map does not show their numerous hunting and fishing camps, their trails, their gathering sites, nor the location of their salmon weirs. In order of importance the primary resources used by the Tl' azt' en in the 1800s were: salmon, whitefish, char, small game, and berries.3 Large game became a major part of the Tl ' azt' en' s diet when moose moved into the area in the early 1900s. Rights to resources were controlled by two social institutions: the clan system and the balhats system. Under the clan system "resources at the local level [for example, a fish weir site or beaver hunting area] were owned by clan members in that village, but the clan system also provided a means for sharing the resources of [different] local groups." 4 Conflicts between resource users and changes in the ownership of keyohs or resource sites were regulated by the balhats system - a feast system concerned with community structure, reciprocity, and wealth distribution. The Tl ' azt'en had sets of rules governing access and use of resources: for example, hunting or gathering on another' s keyoh without permission was a serious offense. 5 By their administration and use of the area the Tl ' azt' en produced the space known as Tl ' azt' en territory. For a di scussion of Tl' azt' en keyohs see Julian Steward, 1960. "Carrier Acculturation: the Direct Historical Approach. " Culture in History: Essays in the Honour of Paul Radin . New York: Columbia University Press. Pages 733-744. On Map 2.2 the organi zation of Tl' azt'en territory through the keyoh system has been suggested by using contemporary trapline boundaries. Unfortunately the map therefore is not an accurate depiction ofTI ' azt' en keyohs in the 1800s and it does not refl ect the existence of the clan system. Steward attempted to map keyohs in the Stuart Lake region , but his research focused more on the southern end of Stuart Lake and his informants were not Tl' azt' en, but Nak'azdli . I felt I should not use Steward 's map without further research and without further consultation with the Tl 'azt 'en. 3 Hudson, "Traplines and Timber," 58. 4 Hudson, 'Traplines and Timber," 58. 5 Hudson, "Traplines and Timber," 55 ; and interview with Russell Alec (May 28, 1998). 2 ~ • • Scale: 1:300,000 ~ Tl 'azt'en keyohs have been derived from contemporary trapline boundaries. N • • O Hudson's Bay Fort Hudson's Bay Freight Route Tl'azt'en Keyoh Tl'azt'en Village .. • , • ~ ' .... "\.. ~, '- ~ • .... ... ~ -'"' '-. .. .. _....-- - .. .,. , • Map 2.2 .. 'l.J~ kor, • .'· .... ~ ~'-' - .. Tl'azt'en Territory 1800's ~... . ~, .. : ..~ • I .. .. :. : •# . _.,. r / .. • • , - ~ c\. - - ~ ·········· \0 '\ • _,.. C"J Q. . L ... a - -'j· ...... :...... ~ . · .. - . . •• • • .. Fort St. James .·,. ..,.. .. . . to the Omenica gold fields :' ,. : :.-;;,. . ~ I-~~ .. . . . ... .. .. . ...... .. ... .. ... . 32 2.2 The Fur Trade and the Omenica Gold Rush In 1806,just south ofTl'azt'en territory at the outlet of Stuart Lake (Nak'al bun), Simon Fraser founded a fur trading post which became the administrative centre for the trading district known as New Caledonia. 6 About the time when the Hudson's Bay Company took over the North West Company in 1821, the post at Stuart Lake was given the name Fort St. James. As the Tl'azt'en began to trade furs and obtain goods at the Fort it produced some realignment of the Tl'azt'en's yearly round and seasonal movements. This was augmented by the establishment of a Catholic mission near the Fort in 1873. 7 Thus a pattern emerged whereby the Tl'azt'en lived in relative isolation up the lake but accessed the resources and opportunities of the Fort, the Mission, and the settlement of Fort St. James. 8 While the Hudson's Bay Company (HBC) built forts and trading posts in the interior to introduce a new mercantile economy into Native space and to divert the flow of furs away from other European buyers on the coast, the fur traders at Fort St. James recognized the Tl'azt'en's "clear control of resources at the local level. "9 The fur traders deliberately allowed the fur trade to operate within the Tl'azt'en's existing keyoh system. 10 The handful of Europeans stationed at Fort St. James had neither the ability nor the reason to impose a new administrative structure as the Tl'azt'en's own socio-spatial organization could be used to produce the furs the HBC needed. 11 6 Other HBC posts in New Caledonia included: Fort McLeod on McLeod Lake, Fort Fraser on Fraser Lake, Fort George on the Fraser River, Fort Kilmaurs/Fort Babine on Babine Lake, and Fort Connelly on Bear Lake. 7 William O' Hara, 1992. "A Permanent Mission At Stuart Lake." The Beaver 72(2):42. R For the comments of Justa Monk on the role of trips to Fort St. James in life of the Tl'azt'en community see Bridget Moran , 1994. Justa: A First Nations Leader. Vancouver: Arsenal Pulp Press. Pages 12-14. 9 Hudson, "Traplines and Timber," 85. 1 ° For an understanding of how the HBC actively used the existing social organization of the Stuart Lake Carriers see Donald Harris and George Ingram, 1972. "New Caledonia and the Fur Trade." Western Canadian Journal of Anthropology 3( I): 179-195; and F. E. Klippenstein, 1996. "The Challenge of James Douglas and Carrier Chief Kwah." Reading Beyond Words: Contexts for Native History. Jennifer Brown and Elizabeth Vibert (eds.). Peterborough: Broadview Press. Pages 124-151. 11 As Fisher has stated "fur traders occasionally contemplated modification of Indian customs, but they lacked the power and, ultimately , the will to effect such changes." Robin Fisher, 1977. Contact and Conflict: IndianEuropean Relations in British Columbia, 1774-1890. Vancouver: University of British Columbia Press. Page 47. 33 However, Tl'azt'en socio-spatial organization was clearly now being influenced by external European actions and European economic forces. The HBC established some of its own infrastructure and attempted to gain power in the economy of the region. 12 In addition, when the trapping economy became established, the harvest of summer salmon was no longer the single dominant activity in the Tl'azt'en communities. The Tl 'azt'en mode of economic and spatial production was, therefore, altered as keyohs became more significant relative to fishing sites, and power structures within the communities were re-aligned. 13 As Fisher points out "[ c]learly the fur trade brought change to Indian society, and yet it was change that the Indians directed and therefore their culture remained intact." 14 The space of the fur trade in Tl'azt'en territory then cannot be classified as either European or Native, but rather was a hybrid product ofTl'azt'en socio-spatial organization and exogenous European influences. 12 While there were elements of the fur trade which could be characterized as co-operation, the interaction between Native trappers and non-native fur buyers was also competitive. In particular, European Fur traders tried to tie Native trappers to particular trading posts by offering credit and gifts. However, "the Carriers were able to remain independent of both the need for trapping and the goods at the posts because of the dependence of the traders on the CatTiers for fish and labour" (Hudson, "Traplines and Timber," 89). HBC attempted to reduce the Carrier fishing monopoly by establishing its own whitefish fishery on Cunningham Lake (Yeko bun) in 1827, and by putting a Company post at the north end of Babi ne Lake (Nado bun) in the early 1820s to access salmon from the Skeena River system. Thereafter large amounts of salmon were transported from Babine Lake to Fort St. James (with Tl'azt'en labour). Later, in the 1880s, a paddle wheeler service began bringing provisions from the coast up the Skeena to Hazelton. From Hazelton supplies were transported with pack horses and a sloop to the head of Babine Lake. Tl' azt' en people transported the freight over a portage to Stuart Lake where another boat would take it on to Fort St. James. (See Map 2.2) With the institution of this supply link Fort St. James became "virtually independent" of local Native food production. Prior to this HBC traders had difficulty lowering fur prices because Native trappers would collectively refuse to sell them dried fish unless the fur price was acceptable to Native trappers. This occurred at least twice ( 1835 and 1848). Hudson, "Trap lines and Timber," 89-90. 13 Access to salmon in the Tl' azt' en communities was controlled by leaders of the matrilineal clans, but when the fur trade raised the level of importance of trapping, the power of these leaders began to diminish in favour of the patrilocal groups who came to control the trapping territories. Later, Indian Agents, the Indian Act and the teaching of mi ssionaries further undermined the system of matrilineal inheritance of resource access rights. Hudson, "Traplines and Timber," 85 and 152. 1 ~ Fisher, Contact and Conflict, 47. For an account of how Native trappers controlled and restructured their trapping territories see Susan Marsden and Robert Galois, 1995. "The Tsimshian, the Hudson's Bay Company, and the Geopolitics of the Northwest Coast Fur Trade, 1787-1840." The Canadian Geographer 39(2): 169-183. 34 Omenica Gold Rush In 1863 gold was discovered north of Tl' azt' en territory in the Omenica Mountains. Some miners reached the Omenica by traveling through the heart ofTl'azt'en territory: from Fort St. James miners went up Stuart Lake (Nak'al bun), Tache River (Duldli koh), Trembleur Lake (Dzinghu bun), Middle River (Yoono' koh) and Takla Lake to Takla Landing, where a trail led east into the Omenica watershed. By 1871, at the peak of the Omenica rush, enough miners were passing through Fort St. James to warrant opening an overland route. 15 The new trail went directly north from Fort St. James and only briefly crossed Tl'azt'en territory near Cripple Lake (see Map 2.2). Activity began to decline after 1871 and by 1876 the gold fields were almost deserted. 16 Though the trading post, and the mercantile economy it introduced, were new realities in Tl ' azt'en territory, and though Europeans began crossing Tl'azt'en territory, they had not yet claimed or attempted to directly administer Tl'azt'en space. The fur trade and the gold rush may have created some new transportation routes, increased access in and around Tl'azt'en territory, and resulted in economic interaction between Europeans and the Tl'azt'en. But this period saw Europeans only move through Tl'azt'en organized space- they had yet to institute a comprehensive new spatial order in the territory. 15 Arne K. Carlson and Lesley S. Mitchell, 1997. "Cultural Heritage Review of a Portion of the Fort Saint James Forest District B.C." Report Prepared for the Ministry of Forests by Traces Archaeological Research and Consulting Ltd. 16 Audrey Smedley L'Heureux, 1989. Fort St. James- From Trail to Rail: Vol.J Surveys and Gold 1862-1904. Page 39. 35 2.3 Indian Reserves -The First Non-native Organization of Tl'azt'en Space 18 71 Reserves Indirectly however, the Omenica gold rush was the catalyst for the first articulation of an exogenous vision ofTl ' azt' en space. It was often the Colonial and Provincial Government's practice to create Indian reserves at such time as the settlement or development of an area was anticipatedY The passage of miners through Fort St. James and the use ofthe waterways in Tl ' azt' en territory suggested the need to reserve some lands for the Tl' azt' en. In 1871 , en route to the Omenica to perform his duties as Gold Commissioner, Peter O'Reilly established the boundaries for three Tl ' azt' en reserves at the villages of Grand Rapids, Tache and Pinche (see Map 2.3). However, the anticipated settlement of miners in the region did not materialize and instead, in the late 1870s and 1880s, the region became less, rather than more of a focus of nonnative activity. 18 Explorations commissioned by the Provincial Government, such as that ofN.B. Gauvreau in 1891 , signaled the Government's desire to see the territory brought into 'use'. 19 A comprehensive survey of travel routes, resources, and settlement potential was published to attract to the region settlers who could be agents for the Government in the transformation of Tl ' azt' en territory into the space of British Columbia. The Provincial Government also hoped that the announcement in the late 1880s of plans to build the Grand Trunk Pacific Railway would encourage settlement and development in New Caledonia. 20 The proposed railway renewed Government anticipation of an influx of settlement in the region, and in 1892 another allotment of Indian Reserves took place. Robert E. Cail , 1974. Land, Man , and the Law: The Disposal of Crown Lands in British Columbia, 1871-1913. Vancouver: University of British Columbia Press. Page 189. 18 L' Heureux , 1989. Fort St. James. 35 . For reason s why Fort St. James lost some of its importance see Harris and Ingram, "New Caledonia and the Fur Trade," 188. 19 Province of British ColumBia, "Exploration Survey of New Caledoni a: Report of N.B. Gauvreau. " Crown Land Surveys, 189 I . 20 Hudson, "Traplines and Timber," 122. The Grand Trunk Pacific Railway route which connected Prince George and Prince Rupert passed well south ofTI'azt'en territory . It was constructed between 1909 and 1914. 17 ,.. J 4 ~ ' • ..... ,. , • .. ... • ~ , D - ~ >-----+--.J.----.1----' • . • _. 6 -. ' • I ~. . . ~ Map 2.3 .. '\ •• • 1871- 1926 Tl'azt'en Reserves ) F Whitefish Lake IR6 L.....[___J.--+-------1 • nd Rapids IRS ..,., ... .'\ Stevan IR4 ., •Soyandostar IR2 ........._ -• ... . ~ , ~I """"- "' ,., ~~ • ... - f ' .. ... •I . ~ iJ J~ ~- 1 ron IR9 ' .. Scale 1 : 200,000 I Private Land 1926 Surveyed Crown Land 1926 Allotment 191 6 Allotments 191 5-1 6 Applications 191 1 Applications 1898 Allotments 18 71 Allotments LEGEND , :=1 ., ,. I ~ N D I ---- IRl 0 I • ~ 36 1892 Reserves In 1892 O'Reilly significantly enlarged the Tl'azt' en's three existing reserves, and granted them seven new reserves (see Figure 2.1 and Map 2.3). We do not know how much input the Tl ' azt'en had in choosing the location or size of these reserves. The arbitrary and artificially straight boundary lines were products of a non-native mode of spatial organization. Yet to the extent that they contained sites already used by the Tl ' azt'en, the reserves are at least a reflection of Tl' azt' en spatiality.21 Tl'azt'en Reserves 1871 Allotment 1892 Allotment 1898 Survey Purpose .I!:.~h.~J~L ...................................................... .1.1-Q..............................!.?.~. ........................... ..1.§.?.~....................... .Y.. J.~ .~!.f.!.~~~ .. ..r.!.~~~.~}~......................... .............................?..?.Q................................~~. .............................. ?.?..~....................... .Y.. J.~ .~!.f.!.~~~ .. ..J:':l.~!).~~ .~~ ............................................................................................19.Q.............................}?.?:........................Y..~!.J.~ .~!.f.!.~~~ .. .Y.~~!:I.~.!~Y..J.~1........................................................................................1§.?............................... : 1~.....................f.~~.~. . ~~~~ .. .~.~~~.?.~.?.~~~.. !.~?.................................................................................... ..l.~. ...............................!.t:± .........t!.':!!).~ !) f.f..~~h.~!)J!i..~.~!!:l:P... .9.~!.':1 !~. ~.!.........................................................................................?.~. .. ............................2.1~........................Y..~!.J.~ .~!.f.!.~N!:l: .. ..~~. .~.~.~9.~!~~ ..~~....................................................................................?J.................................11. ......... t!.':!!)~ .f. ~h.~!) . .~! P... .I.~.~~.!~.~.. L~~ ...........................................................................................t.!.?...............................?.?.~......... .H.~!)~! .f. ~h.~~Ei..~.~!!:l:P... ..~~.~.~!:.~}~: ........................ ...................................................................... :±§.. ...............................1?.......... .H.~!).~ .f. ~h !)J!i. .~! P... .9.~~!)9..~.':1.P.!.~~ ..~~.?........... ...............................1-Q................................§QQ.. ............................ ~.~~........................Y..i.!.J.~ .~!.f.!.~~~ .. Total 930 4,807 5,199 Figure 2.1 Tl'azt'en Reserves 1871-1898 Note: In all cases except Pinche IR2, the differences in acreage between the 1892 allotment and the 1898 survey are due to inaccuracies in O' Reilly' s field estimates. In the case ofPinche IR2 the difference resulted because the surveyor appears to not have followed the instructions O ' Reilly gave in his 1892 Minutes of Decision. (See Specific Claims Documents, Tl ' azt ' en NROC). Despite the fact that the reserves projected a new exogenous visualization ofTl'azt'en territory (most importantly they implied Crown ownership of the territory), their demarcation did not immediately result in actual changes in the way Tl ' azt' en used the lands and resources of 21 As defined in Chapter I, a group ' s 'spati ality' refers to the way they visualize, administer and use space. By this time the Tl' azt' en economy was beg inning to include animal husbandry and gardening. The Government encouraged and accommodated the further development of a sedentary lifestyle by providing larger tracts of land around villages, but mainly the new reserve locations reflect the fact that the Tl'azt'en' s economy was still dominated fi shing, hunting and trapping. 37 the territory. There was little or no non-native presence in Tl ' azt'en territory and little or no competition for game resources and land. The land on both sides of the reserve boundaries continued to be functional Tl'azt'en spaces. Provincial Government and Tl'azt'en visions ofthe territory would continue to exist simultaneously until Euro-Canadian social practices of administration and use could be introduced. 2.4 The Introduction of Government Administration, 1900-1926 Blomley states that a property regime involves two elements: "the categorization and organization of space whereby every space is known, named and positioned," and "the establishment of rules of interaction by which space can be used, shared and appropriated." 22 The Tl'azt'en's reserves were the first building blocks of the Euro-Canadian property rights system in Tl'azt' en territory, but they did not have immediate or very significant effects on Tl ' azt' en mobility or land use . However, in the early 1900s, several Euro-Canadian institutions began to extend their influence in Tl'azt'en territory, and for the first time introduced a new order into Tl'azt'en lives and space. It was Catholic missionaries who first put in place an exogenous system of administration on the Tl ' azt'en. The priests installed Band members as ' church chiefs' and 'church policemen' in each Tl'azt'en village to regulate behaviour during the absence of the priest? 3 The priests also acted as liaisons between the Carrier of the Stuart Lake region and the Provincial and Federal 22 Nicholas Blomley, 1997. "The Properties of Space: History, Geography, and Gentrification." Urban Geography 18(4): 286. 23 O'Hara, "A Permanent Mission At Stuart Lake," 39. 38 Governments by providing information needed by the Governments and by petitioning on behalf of the Carrier concerning hunting, fishing and trapping issues. 24 After the colony of British Columbia joined the Dominion of Canada in 1871 the Federal Government moved to assert its jurisdiction in British Columbia. In 1884 it brought in legislation forbidding Potlatching, one of the means through which many Native groups in British Columbia transferred title to land and resources and resolved internal resource disputes? 5 In 1890, the Federal Department oflndian Affairs (DIA) established an Indian Agency in Hazelton which would be responsible for a large region which included Tl'azt'en territory. In 1910, DIA set up the Stuart Lake Agency to deal with Stuart and Fraser Lakes region. Its office was located in Fraser Lake. DIA began to assert control in the region in the administration of Indian Reserve land, Band political structure, and many other aspects of Native lives. 26 Game Laws Indian Agents along with the RCMP were responsible for ensuring Native compliance with laws and regulations concerning hunting, fishing and trapping. Letters written by chiefs in the region and other documents suggest that Carrier were aware of the game laws that were being put in place, and that they were concerned about some of the regulations. It is also clear that they felt they had to comply with the new administrative institutions (the motivation behind their 24 See for example "Correspondence, 1903, with Indian Superintendent Protesting on Behalf of the Carrier Indians" and "Correspondence, 1919-1920, with Premier John Oliver, Protesting on Behalf of the Carrier Indians" by A. G. Morice. Tl'azt'en NROC. 25 Peter Dimitrov, 1986. "An Investigation of the Carrier-Sekani Registered Trap line System." Report prepared for the Carrier Sekani Tribal Council. Page 17. Tl'azt 'en NROC. 26 For a discussion concerning some of the ways which the Indian Act constrained Indian mobility and economic opportunity see Evelyn Peters, 1997. "Challenging the Geographies of 'Indianness' : The Batchewana Case." Urban Geography 18(1 ):55-61. 39 petitions to the Government was to make compliance more tolerable). 27 Game laws were a significant agent in turning Native space into Government space, yet the written records indicate that through petitions and protest Native people did have an influence on the way the laws were drafted and instituted. It is also clear that in the late 1800s and early 1900s priests and Indian Agents were conscious that they were dealing with the co-existence of Carrier law and Provincial law. They used Carrier law in fact on numerous occasions in their handling of resource and justice issues. 28 In this period European administration began to touch aspects ofNative lives but certainly it was not did not immediately erase Native administration. The Barricade Treaty In the early 1900s an increasing coastal fishing industry began putting a strain on salmon stocks. This caused the Federal Marine and Fisheries Department to prohibit the Native practice of constructing fish weirs to catch salmon on interior rivers, claiming that it prevented too many salmon from reaching the spawning grounds. In 1911 the Tl'azt'en, along with the Nak'azdli, entered into an agreement known as the Barricade Treaty with the Department to not use fish weirs in the rivers in exchange for three forms of compensation: 1) the right to fish with nets in lakes; 2) that nets, farming implements and seeds be supplied annually by the Federal Government to each Tl'azt'en family; and 3) that sites used as bases for fishing for whitefish and char be granted to them as reserves. In the agreement neither the number nor the location of the new reserves was specified. Within a year the Tl'azt'en requested three new reserves under the 27 For letters written by Carrier chiefs in Nechako Plateau and Stuart Lake Region see RG 10, Volume 6735, File 420-3 . Tl'azt'en NROC. This file contains only one letter signed by a Tl'azt'en chief. See also "Correspondence, 1903, with Indian Superintendent Protesting on Behalf of the Carrier Indians" and "Correspondence, 1919-1920, with Premier John Oliver, Protesting on Behalf of the Carrier Indians" by A. G. Morice. Tl'azt'en NROC. 2 R See Joanne Fiske, 1997. "From Customary Law to Oral Tradition ." BC Studies 115-116:274-275. 40 Treaty (see' 1911 Applications' on Map 2.3), but the Government postponed dealing with these requests until the McKenna-McBride Commission examined the Tl'azt'en's reserves in 1915. 29 The Barricade treaty was a significant event in the establishment of Government control and administration over Tl'azt'en resources and space. While ultimately the Tl'azt'en may not have had the power to be able to continue to use the fish weirs, the Government gave considerable recognition to the Tl'azt'en's use of the salmon resource, and this led to the need to find a negotiated solution. 30 There may have been a power discrepancy between the two groups but the process of negotiation created a new space of fishing in Tl' azt' en territory. It cannot be said that it was either entirely a Tl'azt'en space or entirely an Government imposed spacerather it was a hybrid space. First, the Barricade Treaty saw the Government agree to something it rarely allowed - fishing with nets in lakes. This agreement also considerably changed the location of Tl' azt' en fishing. The agreement specified that the Tl'azt'en would from then on net salmon in Stuart Lake rather than catch them with weirs on rivers and streams, and the agreement also made the Tl'azt'en rely more on other species besides salmon. Now that they had nets the Tl'azt'en began spending two or three weeks in the fall fishing char on the rock shelves which surrounded The same three parcels did not appear in the Tl'azt 'en's reserve applications at the 1915-16 Commission hearings, but the Tl'azt'en did request six parcels which were at least partly used as fishing bases. Five of these applications (Whitefish IR6, Eagle Creek IR6, Tezzeron IR8, Pinche IRlO, and Cunningham IR11) were granted, and one (Tezzeron IR9) was granted but later 'disallowed' by the Dictchburn and Clark Reserve Commission in 1923. Government records and interviews with Band members indicate that the Government did not supply the promised seeds and farming implements, and only provided nets to the Tl'azt'en for one or two years after the agreement was executed. The failure of the Government to fulfill these provisions of the treaty and to grant the 1911 requests for fishing station reserves is currently the subject of a Specific Claim. "Barricade Treaty", Documents Compiled by the Carrier Sekani Tribal Council. Tl'azt'en NROC. See also interview with Jimmy Monk (September 18, 1998). 30 Documents surrounding the negotiations clearly show that the terms of the agreement were not imposed on the Tl'azt'en , and that they held considerable power to negotiate the terms. For an argument that the Barricade Agreement was an early recognition of First Nations fishing rights see Barbara Lane, 1978. "Federal Recognition of Indian Fishing Rights in British Columbia: The Fort Fraser Agreement of June 15, 1911 , and the Fort St. James Agreement of June 19, 1911." Report prepared for the Union of British Columbia Indian Chiefs. TI'azt'en NROC. 29 41 the many islands in Stuart Lake. Though the government allowed this practice, the Tl'azt'en continued to control the management of fishing locations at the local level. Families or individual Band members came to ' own' certain islands, and this ownership was passed down by inheritance. 31 The space of hunting, trapping and fishing was being deliberately changed by the Government during the first part of the Twentieth Century through the introduction of new laws and regulations but, to at least some degree, it was influenced by Native protests or through direct negotiations. Crown Land Survey and Land Sales Besides those at the HBC and the Mission, and occasional prospectors, in the early 1900s there were few whites in Stuart Lake region. 32 The south end of Stuart Lake was one ofthe first places to be occupied by Euro-Canadians in Western Canada. Yet because it was mainly forest land and had a short growing season, it remained one of the last regions to be extensively settled by non-natives. 33 Up to this time only coarse maps had described the area, but in 1911 a survey produced the first detailed map of the Stuart Lake region. 34 The survey made Tl'azt'en space considerably more visible to the Government: it was a deliberate effort to organize and extend administrative control over the area. The 1911 survey also superimposed a grid of lots on the parts of the territory which the Government wished to make available for pre-emption (see Map 2.3). Up to 1910, in the area 31 Interview with Jimmy Monk and Frank Duncan (September 17, 1998). Audrey Smedley L'Heureux, 1989. Fort St. James - From Trail to Rail: Vol.2 Settlement Begins, 1905-1914. Page 3. 33 Hudson , "Traplines and Timbers," 55. 34 See British Columbia Government Department of Lands, "Pre-emptor's Map-Stuart Lake Sheet 1913." Tl'azt'en NROC. 12 · 42 shown on Map 2.3 (excepting the immediate vicinity of the village of Fort St. James), there were only 7 lots which were privately owned. However, construction of the Grand Trunk Pacific Railway between 1909-1914 triggered a land boom along the rail line, and throughout the N echako region. 35 The 1911 survey of Crown lots facilitated a wave of r - t~ and, by 1912, there were 125 privately owned lots in Tl' azt' en territory. Yet these alienations of Crown land were very speculatory in nature- with most of the land holders never coming to use, or even to see the land they purchased - and a significant percentage of the lots reverted to the Crown within two or three years of purchase. By 1926 there were only 45 private lots in Tl'azt'en territory, some of which are shown on Map 2.3. 36 Actual non-native settlement and land use in the area continued to be very limited, and mostly on the fringes ofTl'azt'en territory. It appears that any disruption and dislocation of the Tl' azt' en caused by the acquisition of land in Tl' azt' en territory by non-natives was considerably less in extent than that experienced by other Bands. 37 The McKenna-McBride Commission. At the McKenna-McBride Indian Reserve Commission hearings in 1915 and 1916 the Tl'azt'en applied for nine new reserves. Six of the Tl ' azt' en' s applications were granted in 1916. The 35 Hudson, "Traplines and Timbers," 128. I was not able to show all of the privately held land because in several cases the lot numbers in the Crown Land Register have been changed by re-survey and I was unable to locate them . It should be noted that some of the parcels shown on Map 2.3 are divided between several owners. I obtained the data for private land holdings from the manual registers of the Crown Lands Registry Division, Surveyor Generals Branch, Ministry of Environment, Lands and Parks, Victoria. 37 Some of the Wet'suwet'en people, for example, experienced considerable dislocation and loss of opportunity when white settlers pre-empted land in their territory. See Maureen and Frank Cassidy, 1981 . Proud Past: A History of the Wet'suwet ' en of Moricetown B. C. Moricetown : Moricetown Indian Band. 36 43 seventh reserve granted by the Commission was land not desired by the Tl ' azt'en, and the Tl'azt'en had it replaced in 1926 by a parcel in a different location (see Map 2.3 and Figure 2.2).38 Tl'azt'en Reserves 1898 Survey 1916 Allotment 1926 Survey Tache IRl 1655 1655 1655 Pinche IR2 728 728 728 Nancut IR3 372 372 372 ..................................................................................................................................................................................... .. Y.~.~!-!~!.~.Y.}~i .......................................................... i1.?..................................11.?......................................1.1.?.. Carsoosat IR5 124 124 124 ..................................................................................................................................................................................... Whitefish Lake IR6 20 11 .2 Pinche IR7 22.5 ..................................................................................................................................................................................... Tezzeron IR8 40 40 Tezzeron Lake IR9 300 Disallowed ..................................................................................................................................................................................... Pinche Lake IRlO 80 24 ..~~.r:!~.\~ h.~!!.!:)~J..I................. ......................................... .....................................~....................................?.:.~~- ..9..~.\ ~ !.~.J.~L .......................................................... 21.?.. ................................?.1.?...................................... 21~.. ..~.?.Y..~r:!9.?.~~~r.J.~.......................................................11....................................i1.. ......................................1i. Teeslee IR3 253 253 253 ..................................................................................................................................................................................... Stevan IR4 49 49 49 ..................................................................................................................................................................................... ..9.E!!.t:~.9..~!!P.\~.~--~-~?. ..................................................?.~1..................................?..~.1.. ....................................?.~i . ..~!! .\~.f !?.~.~--~~§. .................... ......................................... .................................. iQ........................................1Q. Total 5,199 5,687 5,346.52 Figure 2.2 Tl'azt'en Reserves 1898-1926 Note: As the numbering of the reserves indicates, at this time the Government perceived the Tl ' azt' en to be two Bands: the Tache Band and the Trembleur Lake Band. Though encroachment was not an overwhelming issue, the Band saw value in securing recognized rights to lands, and continued to attempt to do so whenever it had the opportunity. The Band' s applications were a deliberate effort to reconcile Tl'azt'en needs with the property rights institution that had been superimposed on their own. They had to frame their requests for 18 · In part, the 1916 Reserve Commission allocated the Band more land because when O' Reilly established their reserves in the 1890s the Tl' azt' en population was small due to recent epidemics: measles in 1850, smallpox in 1862, and measles in 1887 (Hudson, "Traplines and Timber," 99). In 1923, when Ditchburn and Clark reviewed the decisions of the 1916 Commission, Tezzeron IR9 was deemed ' not reasonably required ' and removed from the Tl' azt' en's reserve allotments. For more information about Tl' azt' en reserve applications and allotments in the period between 1871 and 1968 see an Internet Site created by Megan Gaffney and Kris Farrell entitled "A Short Hi story of Tl'azt'en Reserves." (http://otaku.unbc.ca). 44 land within rules and lines that had been introduced into their territory, and to some extent had, therefore, adopted the view of land as a commodity. But the Tl ' azt'en influenced where they would receive reserve lands, and were participants in producing those spaces. The power discrepancy between the Indian Reserve Commissions and the Band is very clear, yet the impact the Tl ' azt'en had in the creation of the geography of their territory is also apparent. The Tl ' azt' en' s land applications in 1916 and their registration of trap lines in late 1920s exemplify that, though they no longer were the principal administrative power in their territory, they participated in the production of space during this period. A full discussion of DIA and Provincial Government administration is beyond the scope of this chapter, but it is clear that the impact of these agencies increased significantly during the first half of the Twentieth Century. The Tl 'azt' en lost some of their authority to administer and use their territory as new lines and laws were imposed on their space. However, it should also be noted that most of the territory remained the exclusive space of the Tl'azt'en people, and their use and traditional organization of that space was not erased or forgotten. 2.5 1926-1969. Our view of the geographic change that took place in Tl ' azt' en territory in the mid part of the Twentieth Century must begin with a recognition that Tl'azt'en visualization, administration and use of off-reserve land and resources continued. The reserve system by no means had completed the Euro-Canadian re-production of Tl ' azt' en territory. Hunting, fishing and trapping continued to be viable and socially important activities for the Tl'azt'en through the mid part of this Century. Yet the community's off-reserve space also evolved as Tl'azt'en spatiality began to include wage labour in mining, forestry, and guiding. The compatibility ofTl'azt'en use and 45 non-native use of the territory was a significant aspect of the space of the territory from the 1940s to the 1960s. Because of these things, even as Provincial administration and non-native use extended further into the territory, Tl'azt'en space continued to extend well beyond the boundaries of their reserves. But, despite the fact the territory largely remained their space and that non-native use was compatible with their own, the Tl'azt'en did continue to make efforts to increase their legal land rights. Registered Trapline System As part of an effort to improve conservation and reduce conflicts the Provincial Government introduced the Registered Trapline System in 1926. It was specifically designed "to introduce a -~ Government presence into the wildemess." 39 The Government began keeping careful tabs on the productivity of trap lines, and instituted regulations which stated that a trapper had to achieve a certain level of production or his trapline could be given to another. Though Native trappers recognized that their traditional internal control of access to resources was being replaced by an outside government system, it might well have been seen as necessary and "agreeable" to most Native trappers in north-central British Columbia. 40 lfNative trappers found the Provincial regulations necessary it was only because of the presence of non-native trappers who did not follow Native hunting and trapping laws. The 39 Dimitrov, "Carrier-Sekani Registered Trapline System," 21. In order to improve stewardship of game resources the Registered Trapline System replaced the existing one year permits (which carried the right to renew), with more secure licenses which could be passed on by inheritance or sold. The system also placed an emphasis on establishing metes and bounds descriptions of trap line boundaries to reduce conflicts between trappers. 411 Some Native trappers in the Hazelton area refused to register their traplines, claiming that the Government had no right to regulate what was an Native ancestral right. But according to the DIA agent in charge of Indian trapping many Natives in north-central British Columbia found the Registered Trapline System "agreeable" as it provided much needed security and "reinforces tribal customs." This was probably far from an objective opinion. See Inspector of Indian Agencies to Provincial Game Board. August 5, 1925. RG 10, Volume 6735, File 420-3A. Tl ' azt' en NROC. 46 Native trapper and non-native trapper had similar resource uses but appear to have had different perceptions of what constituted well regulated and lawful use ofthe land: "On the one hand, the non-native settlers, preoccupied with European notions of homesteading that 'legally' defined land-use boundaries according to exclusive individual 'ownership' titles, were confronted by the Carrier-Sekani Indian system of land use ' ownership' and 'title' that was based on different ' clan related' rights of access, flexible usage and rotational harvesting patterns to ensure species conservation. " 41 As a consequence of the existence of two systems of land usage, ownership, social structure and wildlife management, conflict between Native and non-native trappers was common in the Nechako plateau. 42 I found no evidence of clashes between Tl ' azt' en and white trappers, either before or after 1926. But because of problems elsewhere in the Province, the Registered Trapline system was instituted to bring order by more clearly mapping traplines and by creating a mechanism of control and administration for fur harvesting. The registration of traplines in 1926 was an undeniable sign of ever expanding Provincial Government presence in Tl ' azt' en territory. Yet, when the Tl ' azt' en applied to register their trap lines, they in essence applied to inscribe the boundaries of their keyohs within the Government' s new management of the territory . The registered trap lines did not carry the rights to all game, fish and plant resources as did the Tl'azt'en keyohs. It is also clear that, though the Tl'azt'en influenced the location of the boundaries, they did not have a large influence on the rules which would govern fur harvesting, nor have the ability to keep timber harvesting from taking place in their traplines. But the traplines were passed down through inheritance similar to keyohs, and the registered 41 42 Dimitrov, "Carrier-Sekani Registered Trapline System," 19. Dimitrov, "Carrier-Sekani Registered Trapline System," 20. 47 trapline areas are the most obvious example of how Tl ' azt' en spatiality was expressed within the Euro-Canadian production of space in the territory. Even today the Tl ' azt' en use the terms ' keyoh' and ' trapline ' interchangeably, and recognize each other's keyohs based on the boundaries of their registered trap lines. 43 There are currently only a few non-Tl ' azt' en trap lines in Tl ' azt' en territory. This points to the limited nature of non-native activity in Tl ' azt' en territory in the late 1920s when trap lines were registered. It also shows that the Tl' azt' en were unwilling to sell their trap lines because trapping remained an important activity for them well into the 1970s, and also because the traplines carried more meaning for the Tl ' azt' en than just the right to trap. 44 Forest Development and Wage Labour The Tl ' azt' en economy has undergone several changes since the 1800s. After the arrival of Europeans the Tl ' azt' en incorporated the fur trade into their existing fishing and hunting economy. Later they added gardening and animal husbandry to produce products which could be sold to non-natives and which could be used to supplement their own consumption of fish and gan1e. But in the 1940s, a reduction in the amount of salmon and a decline in fur prices caused the Tl ' azt' en to turn more to seasonal wage labour. 45 Opportunities to be employed in logging also arrived in the 1940s. From this time on Tl ' azt' en families supported themselves with a combination of wage labour, trapping, and subsistence. 43 More research is required to piece together the history of changes to trapline boundaries before and after 1926. Map 2.2 shows the current Regi stered Trapline License boundaries in Tl ' azt' en territory to represent Tl'azt'en keyohs in the 1800s. 44 See Hudson for more information concerning the extent and nature of Tl 'azt' en trapping activity from the 1800s to 1980. 45 Hudson, "Traplines and Timber," 140. 48 In the 1940s, several Tl' azt' en who had their own horse teams worked as falling and skidding contractors for the two mills in Fort St. James. This harvesting took place at a few locations on the west side of Stuart Lake (see Map 2.4). Between 1940 and 1944 many Tl ' azt'en also cut cordwood for the Pinche Lake illercury mine. 46 By the mid 1950s horses had been replaced by machinery, and timber farther in from the lake shores could be harvested. Motorized boats made timber farther up Stuart Lake, and eventually on Trembleur Lake, accessible. While the amount of land affected by logging increased, the intensity of the operations remained relatively low. At this time logging was selective and also slow. It took decades to complete all the harvesting shown on Map 2.4; for example, the block on the East bank of the Tache River took six years to harvest. This was because of low technology and because harvesting operations were still seasonal. None of the Tl' azt' en that I interviewed felt that the logging that took place in the 1950s and 60s significantly damaged hunting, fishing and trapping land. 47 It is also important that no logging took place above Trembleur Lake on the Middle River- the most important moose hunting and beaver trapping area for the Tl 'azt'en. Tl'azt'en men were involved at every stage of forestry activity in their territory: falling, skidding, driving logs down the Tache River, and 46 Cinnabar deposits located on the North side of Pinche Lake were devel oped by Cominco in 1940 to supply mercury to make fuses and precision instruments for the Allied war effort. The cordwood cut by the Tl'azt'en fueled a crusher, kiln and condenser used in processing the ore. The trees were harvested by Tl' azt' en in an area east of the mine (See Map 2.4). They skidded the logs to the shore of Pinche Lake with horses. The wood was sawn into the required lengths, and from there a short, narrow gauge railway transported the cordwood to the mine site. The Tl'azt'en people who worked there stayed in scattered camps near the logging operations. (Interviews with Johnny Anatole [June 16, 1998], Jimmy Monk [June 12, 1998], Russell Alec [May 28, 1998], Pierre John [June 1, 1998]). A small settlement was also established next to the mine for the non-native mine employees - it was the first nonnative townsite in Tl' azt' en territory . The mine ceased production in 1944 when the Allies re-secured sources of mercury in Spain and Italy . "The Pinchi Lake Story ." Cominco Magazine, October 1965 :22-25. Northwest Collection, BCARS. 47 See, e.g., interviews with Robert Hanson (June 1 and 4, 1998), Johnny Anatole (June 16, 1998), Jimmy Monk (June 12, 1998), Russel Alec (May 28, 1998), and Norman Prince (June 19, 1998). • & Selective Logging (1960s) Mercury Mine Portable Sawmill Recreation Lodge Road ~ 1 ' 220.000 Logging Trail ~ N • Selective Logging (1950s) Trembleur Trail • • ~ ~ • ' Selective Logging (1940s) Tl'azt'en Reserve LEGEND ' ., ~ .- ., ... 1 • - - • • .. .. ~ \ • - • , '# ... ._. ~ "" • • \ • ~ ..._. • ~ 'I I I Map 2.4 A • ' ... _ ~ '\ '\ . ' • _. - ' 6. ~ ~- . , ~ ~ . • '" •• Development in • Tl'azt'en Territory 1940s - 1960s - --· .. "'• ~ 9 14 ~ ~ ,, 'I II • ! " - ~,._ ... . I I 1.,. - .. • .. 4 • ... , • "' • ' _. , ..... • • ~-~ f ' .rfl. ,. ~ • , ,. .ll • ------ 49 towing log booms down Stuart Lake to the mills at Fort St. James. Tl'azt'en men formed at least fifty percent of the labour force for forestry operations in Tl' azt' en territory. 48 Many Tl' azt' en were also employed at the mills in Fort St. James and at portable sawmills. The locations of some of these mills are shown on Map 2.4. 49 Wage labour did not replace, but was integrated into, the Tl'azt'en's seasonal round. Generally logging was done in the winter and saw milling in the summer, but the harvest of fur, game and salmon remained central to Tl'azt'en culture and economy. The expansion of timber harvesting into the area was a sign of the power of the Government to allocate the resources of Tl' azt'en territory. But timber harvesting was not perceived by the Tl'azt'en as a threat to the hunting and trapping economy, but as an opportunity to supplement the bush economy with wage earnings. Tl'azt'en men have pride in the work they did along side non-native loggers. These areas of timber harvesting were not simply 'spaces of non-native development', but were very much Tl'azt'en spaces as well. Though the Tl'azt' en may no longer have had ultimate administrative control in their territory, they continued to be the main users of their territory. The areas of timber harvesting shown on Map 2.4 are best described as 'shared spaces'. Non-native Recreation Non-native recreation in the region increased exponentially in the mid part of the Century. Several recreational lodges were constructed in Tl'azt'en territory (see Map 2.5). As with timber harvesting, these were not spaces of exclusion but spaces of opportunity for the Tl'azt'en. 48 Interview with Bob and Doug Hoy (June 25, 1998). Hudson, ("Traplines and Timber," 141) states that portable mills were located along the Tache river, Trembleur Lake and Stuart Lake. Yet several TI'azt'en told me that bush mills were only set up in the Tezzeron-Pinche area, as shown on the Map 2.4. The data for the map came from a Ministry of Forests report that did not cover the Tache Riverffrembleur Lake area. 49 50 According to a DIA official, "at one time or another most of the Tl'azt'en male population" found work as guides for non-native fisherman and hunters at these lodges. 5° Tl ' azt' en women were also employed in housekeeping duties and in serving food at the lodges. Justa Monk, spoke of Nakalat Lodge, at the north end of Stuart Lake, in this way: What a role it has played in the life of our family! For sixteen years my dad worked there for part of every year. My brothers and sisters worked there, and I worked there for years after I quit the mill. Very often when my dad was there our whole family would join him, if not right at the lodge, then in our cabin just across the bay from Nakalat. Nakalat Lodge is on the edge of our hunting and fishing territory and our trapline, so at the same time that some of us were working at the lodge, we were also able to live offthe land. That was very important to our family life. 5 1 Land Sales The nature of non-native ownership of land in the territory changed in the mid part of the Twentieth Century. The number of privately owned lots went from forty-five in 1926 to fiftythree in 1955 (see Map 2.5). But twenty-four of these lots were small islands in Stuart Lake that were bought by non-natives as locations for summer cabins. (The scale of the map prevented me from being able to show the islands. Most are located in the area of the lake between Pinche IR2 and Tache IRl, and between Carsoosat IRS and Nancut IR3.) As described earlier, part ofthe Tl 'azt'en seasonal round involved netting char each fall at the rock shelves surrounding the many islands in Stuart lake. Families camped out on the islands for two or three weeks in the early fall to catch and smoke fish for winter. Despite evidence of Native use and the presence of Tl' azt' en smokehouses, beginning in the 1940s several of the islands were sold by the Crown. 52 Cabins 511 C.S . Johnston-Watson (Assistant Superintendent, Stuart Lake Agency, DIA) to J.W. Churchman (Director, Indi an-Eskimo Economic Development Branch, DIA). March 31, 1969. DIA Railway Right-of-Way File 985/31-226, 1968-1972. Tl ' azt' en NROC. 51 Moran, Justa: A First Nations Leader, 63-64. 52 -See "Islands in Stuart Lake." Tl 'azt'en NROC. 51 were built by non-natives in some cases on the very site where the Tl'azt' en had a smokehouse or camp. 53 More research is required to determine how many Tl ' azt'en were displaced in this way, and how much the purchase of an island curtailed a Band member' s ability to use the island or the reefs around them. In the period up to 1969 the alienation ofthe Tl ' azt' en' s islands was the most significant case where the Tl ' azt' en have been disrupted and displaced by non-native actions. Yet the Tl ' azt' en still fish around the islands, and many ofthe islands are still referred to as ' belonging' to Band members -the Tl ' azt'en visualization, administration and use ofthese spaces has not yet been totally erased. Camp 24 With the establishment of sawmills in Fort St. James many Tl ' azt' en began spending the summers there working in the mills. With the permission of the Catholic Church in 1950 the Tl ' azt' en built and occupied a group of 15-20 shelters on Mission lands. Some Tl ' azt' en also began to live there year round. The place became known as Camp 24 (see Map 2.5). In 1957 health concerns and complaints from the non-native Village of Fort St. James prompted DIA to consider purchasing land for a reserve on which the Tl' azt'en who wanted to live in Fort St. James could build proper houses. 53 Interview with Jimmy Monk and Frank Duncan (September 17, 1998). 52 Plans to create a reserve for the Tl'azt' en required that the five bands- Portage, Tache, Pinche, Grand Rapids, and Middle River- be amalgamated so that one reserve could be purchased for them all. 54 The amalgamation took place in 1959, and the Tl'azt'en became known as the Stuart-Trembleur Lakes Band. The purchase of the portion of the Mission's land on which Camp 24 was situated was approved in principal by the Deputy Minster of DIA in 1959 . .Yet in 1960 the purchase was postponed, and by 1964 DIA decided that they would no longer consider purchasing land for the Tl' azt' en.55 In 1965 the Tl' azt' en resolved to purchase a 20 acre piece of property just south of Fort St. James on their own (see Map 2.5). 56 The purchase did not take place, though it is not clear why. Camp 24 was tom down and burned by order of the Village ofFort St. James in April1968. 54 Mr. Underwood (Superintendent, Stuart Lake Agency, DIA) to DIA Regional Office. May 16, 1958. Nak'azdli DIA Survey and Reserves File 163/25-11. Camp 24 File, Vol.l , Tl ' azt' en NROC. 55 The purchase was delayed and eventually canceled due to three issues: opposition by non-native residents of Fort St. James to creating a reserve so close to the town ; the fact that DIA was investigating the potential of creating an off-reserve arrangement; and the announcement that a railway would built through Fort St. James to Takla Lake made DIA officials believe that the Tl'azt'en people would find work north of Fort St. James and the reserve in town would no longer be required . W.E. Grant (Superintendent, Stuart Lake Agency, DIA) to Regional Office (DIA). March 22, 1960. DIA Surveys and Reserves File 985/30-26-l, Vol.l 1948-1969. Tl'azt'en NROC. 56 Henry G. Castillou (Lawyer for Stuart Trembleur Lakes Band) to J.V. Boys (Indian Commissioner for British Columbia). July 10, 1964. DIA File 985/30-0-1, Vol.2 1963-1968. Tl ' azt'en NROC; and Stuart Trembleur Lakes Band Council Resolution. December 15, 1965. DIA File 985/30-0-1 , Vol.2 1963-1968. Tl'azt'en NROC. 53 Applications for New Reserves In the 1940s the Tl 'azt'en received four new parcels of reserves land (see Map 2.5 and Figure 2.3). These were lands which were being used by the Tl'azt'en, but it is not known exactly why the Government decided to grant the Band more land at this point. 57 Tl'azt'en Reserves 1926 Survey 1940s Allotments Tache IRI 1655 2019.8 . ···················································· ............................................................................................ Pinche IR2 728 728 Nancut!R3 372 372 .................................................... ·············································................................................ ..Y..~.' l ~~!.~.Y.. :1............................................................ 1:1.?.........................................11:?... Carsoosat IR5 124 124' ····················· ············································································ ............................................... . Whitefish Lake IR6 11.2 11.2 ................................................................................................................................................. Pinche IR7 22.5 22.5 ................................................................................................................................................. Pinche IR7A 195 Tezzeron IR8 40 40 ................................................................................................................................................. Pinche Lake IR I 0 24 24 ..~!!.~~.!~. ~.~!!.l.. ~~.!..l. ................................................?.:.~~ ...................................... ?..:§.?... Pinche lRI2 128 Hanson IRI3 10 ................................................................................................................................................. ..9..~.\~~. !.~..! J........................ .................................... 21.?.........................................?.1:?... ..~.~Y..' l !!9.~~~.~r.J.~........................................................11:.......................................... 1:1.. Teeslee IR3 253 253 .................................................... ............................................................................................. Stevan IR4 49 49 ................................................................................................. ................................................ ..9.E~!?:9..~~P.!~.~..!.~?. .................................................. ~.~1.........................................?..?.1.. .......................................19...........................................1.Q.. ..~~ \~.fE!?.~~..~~ ~ Total 5 346.52 6,044.32 Figure 2.3 Tl'azt'en Reserves 1949 In the 1960s the Tl'azt'en also made several attempts to secure other lands which they used (see Map 2.5). In 1960 the Band requested that lands near to Tache IR1, Nancut IR3 and Whitefish Lake IR6 which they used for hay, grazing and gardening be granted to them as reserves. 58 The 57 For information concerning Tl'azt'en use of these lands see DIA File 985/30-26-1, Vol.l 1948-1969. Tl 'azt'en NROC. ss Stuart Trembleur Lakes Band Chief and Council to Grant (DIA). January 14, I 960. DIA File 985/30-26, 19601968. Tl 'azt'en NROC. • I. 4 ~ 1' • .... ,. , ., . ......_ ,. .. • ....-' 41 . lit ~ I ~ l a .... - ~ 6 ... i> ~ --~- -. ;• I '---J__J.-+----1 • ·-- ~ • ( ............. .. ' ----- Map 2.5 , "\ ... ''- •• ....... 1940':s - 1960's , Whitefish Lake IR6 Grand Rapids IRS ~ ~~--!~. t •Soyandostar IR2 \ Teeslee ... .. , I ~ "' , • ~ • ~ N l F ~-~ ...... ,---,-------, ,-----,------,------, ~ • ~ .,. ,, . Scale 1 : 200,000 D D Private Land 1955 SuNeyed Crown Land • • 1940's Allotments 1960's Applications - LEGEND • ,. 1926 ReseNes ,.Tezzeron IRS I I L, - , - . • ~~ . Tl'azt'en Reserves • ~ 54 requests were unsuccessful. 59 In 1968 the Band requested that a reserve that they found little use for (Tezzeron Lake IR8) be exchanged for a more useful parcel of land on the south side of Pinche Lake. 60 DIA supported the proposal but it appears that the Province refused the request, and the transaction did not take place. The Band was also considering an exchange of Hanson IR13 for an adjacent parcel that had more desirable frontage on Babine Lake. When the Tl'azt' en learned that the legal title to the shore line would be retained by the Province they decided not to complete the exchange.61 Their applications for new reserves and their attempts to exchange existing reserves for more useful and valuable lands show that the Tl'azt'en's strategy continued to be to create legal spaces for themselves within the new production of space. This strategy was adopted even though encroachment and competition in Tl ' azt'en territory were relatively minor compared to the experience of other Bands. Despite the fact that their spatiality was more extensive than could ever be captured by Indian reserves, the Tl'azt'en lacked the political power to influence the Government's allocation of lands and resources to any greater extent. 59 DIA agreed that, because of the Band ' s low figure for per capita acreage, additional land should be obtained for the Tl ' azt'en. Yet it was learned that, though it might consider land exchanges, the Provincial Government would not sell more land to DIA. DIA therefore recommended that Band members apply to lease the lands they required, or obtain hay cutting permits. See Mr. Arneil (Indian Commissioner for British Columbia) to Grant (DIA). January 26, 1960. DIA File 985/30-26, 1960-1968. Tl' azt' en NROC; and Government Agent to Grant (DIA) . February 3, 1960. DIA File 985/30-26, 1960-1968. Tl ' azt'en NROC. 60 Stuart-Trembleur Lakes Band Council Resolution. March 27, 1968. DIA File 985/30-26. Tl'azt 'en NROC. The parcel the Tl'azt'en desired was on the west bank of Pinche Creek as it left Pinche Lake (see Map 2.5). It is not known why the Tl ' azt'en wanted this land. 61 This exchange was proposed by the owner of the land on both sides of Hanson IR13. The old Hudson ' s Bay Company portage trail crossed the front of the property and was claimed by the Province as a public road. For more information see DIA File 985/30-26. Tl'azt 'en NROC. 55 2.6 Conclusion This chapter has highlighted some of the significant steps in the introduction of a new spatial order in Tl ' azt'en territory. At some point in the history of the region there was a shift from a Tl ' azt ' en production of space influenced by non-Tl ' azt'en, to a Euro-Canadian production of space influenced by the Tl ' azt'en. But determining when that shift happened may not be as important as recognizing that both groups participated in the re-production of space. Tl ' azt'en ability to dominate the production of space in their territory was eroded over time, but the interaction of the Tl ' azt' en and non-natives produced a landscape made up of hybrid spaces, negotiated spaces, and shared spaces. Elsewhere in the Province the reserve system turned "Indian Nations into proprietary enclaves ofthe modem state." 62 Yet, for the Tl'azt'en, the creation of reserves did not immediately result in physical separation from the resources of their territory. Only a very few parcels of private land were not de facto Tl ' azt' en space, and non-native activity in the territory to a great extent did not dislocate or disrupt Tl' azt' en off-reserve resource use. In fact, the areas of forestry and recreation activity were spaces that the Tl 'azt' en shared with non-natives. The Tl' azt' en also adopted a strategy of attempting to have their land and resource use recognized by Government institutions. In this period their power and ability to achieve this seems to have been connected to opportunities created by the Government (for e.g., the Barricade Treaty negotiations, the Reserve Commissions, and the Registration ofTraplines). However in the 1960s the Tl ' azt'en increased their capacity to consider reserve land issues, and took the initiative in trying to increase their land rights. 62 Brealey, "Mapping them out," ISO. 56 The Tl ' azt' en became involved in what some have called ' non-native activities' such as farming, logging, and saw milling. Though the importance of the bush economy remained high, their participation in the wage labour economy meant that the spatial dimension ofTl ' azt'en lives changed over time. But a strong and distinct Tl' azt'en spatiality still existed which, if given the political power and opportunity, could influence and negotiate the production of space in Tl ' azt' en territory. There had been many changes in Tl ' azt' en territory but, up to the 1960s, it appears that not having absolute legal control of their territory was not immediately devastating for the Tl ' azt' en. Yet, because the Tl ' azt'en's off-reserve resource use was not recognized in law to any significant extent, there was a precondition for future conflict. Should incompatible development enter those spaces that had value to the Tl ' azt' en but were not protected for them by the Government, it would seriously threaten the Tl ' azt' en. Spaces of Incompatibility In the late 1960s the economy of the region began to shift out of the reach of the Tl 'azt' en. A number of developments resulted in the Tl ' azt' en finding that their off reserve space - both their bush economy space and their wage labour space- was becoming smaller. An increase in the world demand for mercury made production again feasible at the Pinchi Lake mine. However, when it re-opened in 1968, opportunities for the Tl'azt'en were few as the operations used technology requiring considerable training and experience. Also the new ore processing plant was 57 powered by electricity, and therefore Tl ' azt ' en labour was no longer required to supply the mine with cord wood. 63 When pulp mills were built in Prince George in the mid 1960s, large forestry corporations took over the small companies operating in the Stuart Lake region. The pulp mills could utilize smaller diameter.timber and eventually clear cut harvesting replaced selective harvesting. Logging operations also became year round, and the amount of timber being removed increased substantially, but because operations increasingly used more machinery and ran year round the Tl 'azt' en found their opportunities for wage labour decreasing. In the mid 1960s six sawmills were in operation in Fort St. James, but by this time the type of work the Tl'azt'en had previously been able to get was disappearing.64 The mills were becoming less labour intensive and positions required increasing levels of training. Also the mills began operating year round and required their employees to work year round as well. This interfered with the pattern of many Tl'azt'en people's lives and "an expanding non-Indian labour force displaced seasonal Indian labour." 65 One of the most significant changes in Tl'azt'en territory since contact was the construction ofthe Tache-Fort St. James road. As early as 1954 the Tl ' azt' en had tried to have a road built from Tache to Fort St. James. In 1965 DIA and the Province agreed to jointly pay for the road to be built. The motivation for the Province was that it needed a road to access the timber in Tl'azt'en territory, as the Department of Fisheries had ordered that transport of logs by water should be phased out. The Tache road was completed to all season standard in 1969. 61 · "How We Do It At Pinchi Lake, B.C." Cominco Ltd. Information Pamphlet. Northwest Collection, BCARS. Johnston-Watson (DIA) to Churchman (DIA). March 31, 1969. DIA Railway Right-of-Way File 985/31-2-26, 1968-1972. Tl' azt' en NROC. 65 Hudson , "Traplines and Timber," 146. 64 58 For the Tl ' azt'en it was an exciting project- until then they had traveled to Fort St. James by boat in the summer, or by sleigh in the winter. The road was a development the Tl'azt' en wanted, yet it also had negative consequences, such as increased non-native access to their territory for both recreation and logging. The improved access to Fort St. James also caused significant changes within the Tl' azt'en communities: In 1971 there will still very few cars in the village and more often than not the trip to the Fort was made by boat or, in winter, by skidoo. The old days of teams of horses and meadows and haying were just about finished. By the early 1970s I only remember one team of horses in Tachie and a few head of cattle, owned by Za Williams. Year by year as the road to the Fort became more passable, and as more villagers owned vehicles, gardens were disappearing too. 66 With the building of the road and the change in the law allowing Natives access to alcohol, villages like Tachie and Portage and Pinchi seemed to change overnight. Years before, people were working at hides and drying fish and preparing for winter; now the settlements were quiet as people jumped into their cars and trucks and headed into town. The centre of life was no longer our villages; it had shifted to the hotels and grocery stores in the Fort and Vanderhoof. 67 Today the Tl'azt'en characterize their earlier history as a time when they were isolated and independent. They believe their independence stemmed from the ability to live off the land unimpaired by non-native settlement and development. From that spatial and socio-economic centre, the Tl'azt'en were able to benefit from interaction with non-native activities. The Tl ' azt'en's isolation was increasingly altered by the gradual increase of non-native access in the territory and the development of forest resources, but even in the late 1960s the core of their territory was still very much Tl ' azt'en space. In 1969 the road to Tache began to alter this somewhat, but it would be a railroad that would most change the nature of both their isolation and their independence. 66 67 Moran , Justa: A First Nations Leader, !03. Moran , Justa: A First Nations Leader, 137-138. 59 Three. 3.0 Tl'azt'en Negotiations with PGE!BCR, 1969-1974 Introduction In 1968 the Pacific Great Eastern Railway Company, a Crown corporation, began construction of a rail line through the heart of Tl' azt' en territory. The railway was built through seven of the Tl'azt' en's reserves prior to the finalization of a right-of-way agreement. Early on the Tl 'azt' en decided that they wanted compensation in the form of a land exchange for the reserve right-of-ways needed by the railway, and they identified several parcels of land that they wanted to be reserved for them. However, as construction proceeded, the Tl'azt'en found that activities related to the construction of the railway had impacted their hunting and trapping success. They also began to realize that the railway was opening up their territory to intensive forestry, which would further undermine the security of their bush economy but provided fewer opportunities for employment. The Tl'azt'en, therefore, re-opened the negotiations and then expanded the scope of the negotiations to include compensation for ecological damage, and the provision of economic development opportunities for the Tl 'azt' en community. Their ability to resist the Government's production of an incompatible space in their territory resulted from their determination, the empowerment of Native people throughout North America, and the power of their rights to the Reserve land on which the railway had been built. This chapter will give an account of the Tl'azt'en's efforts between 1969 and 1974 to gain recognition for their existing Reserve rights, to create new Reserves which reflected their spatiality, and to engage the Government in negotiations which would re-affirm andre-inscribe the place of the Tl'azt'en community in their territory. 60 3.1 Railway Development and Native People in British Columbia Transportation infrastructure plays a significant role in the production of space. By altering distance and accessibility, roads and railways are powerful tools which can be employed to reconfigure an isolated territory into a hinterland. More efficient transportation pushes back the frontier, stimulating economic activity and permitting increased government surveillance and administration. New modes of economic production are introduced through increases in exchange and interaction, and through the resultant changes in the value and importance of land and resources in the region. In these ways the construction of transportation routes actuate governments' and industrial capital's visualizations of space, but as their use in British Columbia shows, railways have also proven to be dislocating and disruptive to those who inhabit the regions they enter. Native people have often suffered from the social, economic and environmental changes resulting from railway development. Jim MacDonald has described how the construction and operation of the Grand Trunk Pacific Railway caused the Tsimshian, an independent community that took advantage of new economic options, to fall into a state of economic dependency and political subordination. 1 Hugh Brody has laid out the connection between railroad development and settlement and industrial expansion in Northeastern British Columbia, and how this resulted in the erosion of Native ability to use traditional lands. 2 Frank Leonard has pointed out how, in the midst of the cut-throat business of 1 James McDonald, 1990. " Bleeding Day and Night: The Construction of the Grand Trunk Pacific Railway Across Tsimshian Reserve Lands." The Canadian Journal of Native Studies I 0(1 ):33-69. 2 Hugh Brody. 1981. Maps and Dreams: Indians and the British Columbia Frontier. Vancouver: Douglas and Mcintyre. See Pages 117-125. 61 railway construction and operation, managers of the Grand Trunk Pacific Railway paid little attention to the impact of the railway on native people. 3 Railroads have been characterized by Harris as agents of disruption and dislocation in the Native communities in the Fraser Canyon. 4 Railroads were major land users/holders and their construction fragmented and colonized Native life-worlds. The 1914 slide caused by construction along the Canadian National rail line in the Fraser Canyon blocked the passage of migrating salmon for many years, causing significant suffering to Native people throughout the entire Fraser River watershed. The railways, along with other non-native impositions, were also reminders that "power in the canyon resided elsewhere. " 5 It seems clear that "[t]he Native Indians of British Columbia can hardly be expected to look on the railroads in the same light as a person who lives within the fabric oftoday's industrial society." 6 Yet, like most social encounters, the experience ofNative people with railway construction also has an element of ambiguity. It is inaccurate to say that railway development has been wholly detrimental to Native people. Many Native people benefited from the wage labour provided by railway construction. This includes those Tl'azt'en who worked as labourers in the construction of the Grand Trunk Pacific Railway and the Pacific Great Eastern Railway. 7 It is also interesting to note that, in the first half ofthis century, 3 Frank Leonard, 1988. "A Thousand Blunders - The Grand Trunk Pacific Railway Company and Northern British Columbia 1902-1919." Ph.D. Dissertation, Department of History, York University. 4 Cole Harris, 1997. The Resettlement of British Columbia: Essays on Colonialism and Geographic Change. Yancounver: University of British Columbia Press. 5 Cole Harris. 1992. " The Fraser Canyon Encountered." BC Studies 94:28. 6 "The Socio-Economic Effects of the British Columbia Railway 's Dease Lake Extension on the StuartTrembleur Lakes Indian Band." Page I . Report for British Columbia Railway Company by Envirocon Ltd. and Pearse-Bowden Economic Consultants Ltd. February 1974. Box: No.400 Various Bound Reports. Tl ' azt'en BOBC. 7 Douglas R. Hudson, 1983. " Traplines and Timber: Social and Economic Change Among the Carrier Indians of Northern British Columbia." Ph.D. Dissertation. Department of Anthropology, University of Alberta. Page 140. 62 railways facilitated greater Native political activity by increasing the ability to travel, communicate, and coordinate on both provincial and regional scales. 8 The railways of British Columbia may be one of the clearest representations ofthe relative dominance of capital and government over Native people, but they have also been sites of Native protest and resistance, and of negotiations and even legal victories. Yet railways have been overwhelmingly negative for Native people because they cause rapid and radical changes to the spaces they enter, with little opportunity for Native people to influence, or benefit from, the development. The case of the Tl'azt' en and Pacific Great Eastern Railway illustrates that railways are a powerful agent of change, but also that the less empowered can take an active role in the production of space. 3.2 The Pacific Great Eastern Railway The expansion of Pacific Great Eastern Railway (PGE) was a "major preoccupation of the W.A.C. Bennett government." 9 In the late 1950s the crown corporation's tracks were extended from their northern terminus at Prince George to Dawson Creek and Fort St. John. Further construction began in the 1960s on extensions to Mackenzie, Fort Nelson, Fort St. James and Dease Lake (see Map 3.1). Several motivations have been identified for the expansion of the PGE. Tomblin has argued that the rationale was found in 'defensive expansionism' . 10 It has also been suggested that the PG E was part of Bennett's plan to make 8 Paul Tennant, 1990. Aboriginal People and Politics: the Indian Land Question in British Columbia 18491989. Vancouver: University of British Columbia Press. Page 72. 9 John Wedley, 1998. "A Development Tool: W.A .C Bennett and the PGE Railway." BC Studies 117:29. 10 Tomblin suggests that the Government expanded the PGE system as a strategy to defend British Columbia' s north from the entrepreneurial ambitions and political influence of Ottawa and Alberta. See Stephen G. Tomblin, 1990. " W.A.C. Bennett and Province-Building in British Columbia." BC Studies 85 :49. PGE Extensions in Northern B.C. Map 3.1 N A Dawson Creek Fort St. James Extension 1963-68 Takla Extension 1968-73 Dease Lake Extension 1969Other PGE Extensions: Fort St. Johr'VDawson Creek 1952-58 Fort Nelson Extension 1968-71 McKenzie Spur 1966 Canadian National Railway Tl'azt'en Territory 63 the Yukon Territory part of British Columbia. 11 However, it appears that more than anything else the PG E was a development tool: "[i]n effect, Bennett handed the PGE a pioneering role reminiscent of the early years of the CPR - it was to open the north as the CPR had once opened the west." 12 The forest industry in the Fort St. James area had remained small, not for want of forest resources, but because of a lack of adequate transportation. 13 In 1960 the Government decided that a railway should be built to Fort St. James. It would provide a transportation link to ship out the lumber processed at mills in Fort St. James, and to transport pulp wood and wood chips to the new pulp mills to Prince George. Construction began in 1963 from ajunction in the Fort St. John line just north ofPrince George, and the PGE reached Fort St. James in 1968. While the Fort St. James Extension was still under construction the Government announced its intention to continue the line north from Fort St. James to Takla Landing to access the large tracts of forest land not presently economically or practically accessible. A year later the Government announced that the line would continue past Takla Landing across very remote territory to Dease Lake. 14 The Takla and Dease Lake extensions would greatly increase the size of the hinterland for the Fort St. 11 See Karl M. Ruppenthal and Thomas Keast, I 979. The British Columbia Railway- A Railway Derailed. Vancouver: Centre for Transportation Studies, University of British Columbia. Page 20. 12 Wedley, "A Development Tool," 32. "Development Tool" was defined by the Royal Commission as "the concept of building a railroad in advance of need for the purpose of promoting development." Report of the Royal Commission on the BC Railway, I 978 . Vol.2, Chap.2, Page 80. 13 Bob Hoy. Interview June 25, I 998. 14 Government studies had predicted that the Dease Lake Extension would result in the construction of sawmills at Dease Lake, Takla Landing, and in the Groundhog Valley, and a pulp mill at Stikine Crossing. The studies also foresaw traffic originating from the Cassiar Asbestos mine and from future development of the Groundhog coal fields . There were other motives as well. CNR also had ideas about building north either from Hazelton or Terrace. There is evidence that the Dease Lake Extension was an effort to build ahead of the CNR and capture all the future resource development traffic in the Northwest comer of the Province. The Government also saw the Dease Lake Extension as a project that would bring them one step closer to the dream of having PGE reach into the Yukon and eventually connect with the Alaska railway. Wedley, "A Development Tool," 45; and Ruppenthal and Keast, A Railway Derailed, 3. 64 James and Prince George mills. And though the Dease Lake Extension was never completed, the Fort St. James and Takla Extensions were to be a major boost to the industry in Fort St. James, faciliating the beginning of the modern forest industry in the region. Whether from the office of the Premier, the offices of the Ministry of Forests, or from the mills in Fort St. James and Prince George, Tl ' azt' en territory was generally viewed as unused and vacant land. The Takla Extension was, therefore, designed to implement an industrial vision for the territory. The only possible contradictions to this vision were a handful of Indian Reserves along the proposed route, but to those planning the project these were not perceived as obstacles. Nor did the planners pay attention to the fact that the Tl ' azt' en lived there and used the resources of the territory outside the reserves. Yet the Tl ' azt'en would challenge the Government's and industry ' s vision of that space, and the plans to reproduce the territory according to that vision. The Tl ' azt' en would engage the Railway and Government in negotiations first to try to receive some reparation for the use of reserve lands by PGE, and later to position themselves to deal with the economic and environmental changes brought about by the railway. 3.3 Negotiations Between PGE and Tl'azt'en, Winter 1968/69. In May 1967, PG E informed the Department oflndian Affairs and Northern Development (DI A) that the route proposed for the Takla Extension went through six Tl'azt'en reserves. 15 PGE did not submit a formal request for the required right-of-ways until November 6 of 1968, by which time crews were already at work clearing the right-of-way north of Fort St. 15 PGE to J.V. Boys (Indian Commissioner for British Columbia, DIA). May 3, 1967. DIA Surveys and Reserves File 985/30-26-1 , Vol. I, 1948-1969. Tl ' azt' en NROC. 65 James (see Map 3.2). 16 It was certainly technically feasible to build the railway without touching the Band' s lands but there is no evidence that PGE had any alternate route plans if they were unable to make an agreement with the Band for the use of their lands. 17 What is clear is that PGE did not consider that the Band had the ability to prevent the railway from going through the reserves, and never considered taking anything but the best route. 18 The Indian Reserves, or the Tl'azt' en themselves, were not perceived as obstacles which should deflect its intentions. The comment of a DIA official in response to the complaint of a Band member suggests what may have been both a DIA and a PGE perspective on the use Indian reserve land for right-of-ways- that is, that PGE was doing the Band a favour by crossing their reserves: While the route chosen is advisable for the Railway Company, the railway line might be built outside of Reserve lands and should that happen, the effect on your way of life would still be considerable without any possibility of gaining the benefits [of a compensation agreement]. 19 16 DIA formally informed the Band of PGE' s plans on November 15th. However, according to Harry Pierre, the Tl'azt'en had first found out about the railway when a Band member found metal tags on trees marking out the route through Tache IR I. A.C. Roach (Superintendent, Stuart Lake Indian Agency, DIA) to Chief Harry Pierre. November I 5, I 968. DJ A Surveys and Reserves File 985/3 I -2-26, I 968- I 972. Tl ' azt' en NROC ; Interviews with Harry Pierre, March 4, I998 and January 27, 1999. 17 Order in Council 1036/ 1938 and Privy Council Order 208/1930, which enacted the transfer of the Indian Reserve lands in British Columbia to the Dominion, contain clauses permitting the resumption of onetwentieth of the reserve lands for the making of roads or other works of public utility or convenience. The Provincial policy was to attempt to negotiate a compensation agreement for the surrender of lands required for public purposes. However, there is a provision in Section 35 of the Indian Act which permits the imposition of Provincial expropriation of Indian Land without an agreement. In that case, compensation would be determined by a board of arbitration. D.I.F. MacSweeen, 1985. "Order-in-Council 1036 - The Remnants of Colonial Rule." Indians and the Law II.- A Continuing Legal Education Seminar, January 1985, Vancouver. 18 MacDonald has stated that right-of-ways are so prevalent on Indian lands that reserves appear to be " powerful magnets" which attract every road, rail , pipe and power line (MacDonald, " Bleeding Day and Night," 60). As Blomley points out, " [t]he official position is that, in many cases, there was no way around the reserve ... A more cynical reading might suggest that the expropriation of reserve land, as opposed to privately held land, offered the path of least resistance." Nicholas Blomley, 1996. "Shut the Province Down ': First Nations Blockades in British Columbia I 984-1995." BC Studies Ill: 19. 19 J.W . Churchman (DIA) to David Joseph . June 9, 1969. DIA Railway Right-of-Way File 985/30-26, 19671969. Tl ' azt' en NROC. ~ • ~ Scale 1 : 350,000 Road Built Railway to Prince George Proposed Railway Route Tl'azt'en Reserve I - ... ~ N -, '- :t~ I, ', l - • • .. . ' ----- I ,) __ , - ~ Map 3.2 IRS , --' ~.... ~ ' • • I ._. ... - . ' ~. .J ', Tache IRl \ ', \ .. ' -- ' ~'• · · ·· itefish LCJke I ~ \ • • I II I ~ ~ :l l r IR2 - ' I a ' • ' ...... • 4 'It ' ' J;' ~ ~ ' I • " I ' ~ • ' ' .... - --- - .... -~ \ ... • , • ~ • .. ' ' \ ' ~ he IRlO ~t~ • ,. "' . . .,. .' , • Tezzeron IR8 Pinche IR7A ,• 4 • ~~-- ... • .. , , •• • •, ij I f If( ~ ~ JJ For more on the Royal Commission see Ruppenthal and Keast, A Railway Derailed. 33 107 Tl'azt' en territory, as it had since the summer of 1973, as a logging railroad for the mills at Lovel Cove, Leo Creek, Fort St. James and Prince George. 4.5 Provincial Offer/ Tl'azt'en Counter-Offer/ Provincial Offer The problems with BCR operations seriously set back the negotiations between the Provincial Government and the Tl' azt'en. In January 1977, after two scheduled meetings had been canceled by the Province, the Band warned the local forest companies and the Takla Band that it had set a deadline of mid-February for Government to come to a meeting or the blockade would be set up again. 35 This threat did bring the Government to the table, possibly because BCR and the Government could not politically or economically afford another blockade of the Takla Extension. On February 19th to a gathering of one hundred fifty Band members, Allan Williams announced that the Province was prepared to proceed with the land exchange as proposed by the Tl'azt'en in October 1976. The announcement was not received as positively as he might have wanted, and Williams seemed disappointed when the Tl ' azt'en reminded him that its demand was still for seven million dollars in addition to the land exchange. 36 Williams replied in frustration that the Province would not pay more than $50,000, but added that his Government was interested in making economic development opportunities 35 Justa Monk to Mark French 's Store, Takla Landing. January 18, 1977; and Justa Monk to Chief William George (Takla Band) January 18, 1977. Box: Land Claims Second Copies, File: STB v. BCRail. Tl ' azt' en BOBC . 36 A DI A official reported how hopeful the Province seemed that its announcement of acceptance of the land exchange would satisfY the Band. See Special Claims Officer (DI A) to F.J. Walchli (DIA). February 24, 1977. DIA Railway Right-of-Way File 985/31-2-617, Vol.3 1973-1977. Tl'azt' en NROC. 108 available "to the Native people throughout this part of the Province if that is the wish of the Native people." 37 This was the sort of vague proposal that Band members were tired of hearing. Figure 4.3 shows some of the comments Band members made in response to Allan Williams' offer. Another year had passed, and yet not much had changed. The Government still had not offered the Band what it considered a satisfactory solution, and the Band continued to ask for one. These comments also convey the impression that the Tl ' azt' en had hoped that nonnative people would have made a place/space for them within the new set of opportunities presented by the forest industry which had brought change to the territory. Instead, the Tl ' azt' en had found that they had to fight to modify the production of space to more fully include them. The dialogues that took place over the course of the negotiations were the components of an interactive process that resulted in the production of a hybrid social space. Lefebvre would have classified the Tl'azt'en's voices as "lesser movements" which occur within a society when two spatialities "interpenetrate" and influence one another. 38 37 Transcript of Meeting at Tache Village. February 19, 1977. Box: Land Claims Second Copies, File: STB v. BCRail. Tl'azt'en BOBC . 'x Lefebvre, The Production of Space, 86-87. 109 Band Members' Statements to the Minister- February 17, 1977. • "Things were pretty good around here, there's not too many difficulties in success that [we] have had with the government, Whiteman , loggers and mines, but as time has been going on ... the only thing we been getting from Government is a hard time . ... We don't like to be forced to be put in positions like this where we cannot rely on resources of the land as we have done in the past." Ed John. • " Each time the white man came there's more. They come on our land and spoil everything and as a result we Indians suffer more . We no longer can hunt as before for there is so little game left. Long ago my home used to be where ever I hunt, now I am only allowed to have one home and that home has to be on the reserve. ... they have no right whatsoever to build a railway through our reserve without our consent which we did not give them .. .. they took our land, as much of it as they wanted. What land I have they spoil- our trapline." Justa Hanson. • "Where you get the idea of offering $50,000? There 's a population of 500 people in Tache alone. Ifyou give them a $100 a piece it wouldn ' t be enough." Alec Thomas. • " Mr. Allan Williams and representatives of BCR you have heard my people's feelings now, ... You understand their way of thinking and that the livelihood, the way of livelihood, for the native people that you have destroyed. And I'm pretty sure you must realize it. Their land that you make a boundary around for them and said, ' Now look, you Indians, you stay inside the boundary line, and if any white trespasses us you charge them ' .. ..but the $50,000, like the young girl said it, it's more like dropping in a bucket. You making a lot of money with this ... but we are losing every way, that's what my people think. Like Louie John said, I might be the last Indian to be stepped on . ... That's my people's feelings. " Chief Justa Monk. Figure 4.439 After this meeting, a DIA official said that the Provincial Government felt like it was "being held ransom. It is not prepared to back down, and therefore expects that the Band is likely, once again, to blockade the line . .. .In the event of another blockade, ... BCR will request expropriation ofthe rail right-of-way under Section 35 of the Indian Act." 40 However, DIA would not have proceeded with expropriation in these circumstances and therefore, the 39 A transcript was produced from a recording of the meeting. I have changed some of the punctuation. Transcript of Meeting at Tache, February 19, 1977. Box: Land Claims Second Copies, File: STB v. BCRail. Tl ' azt ' en BOBC. 40 Special Claims Officer (DI A) to F.J. Walchli (DI A). February 24, 1977. DIA Railway Right-of-Way File 985/31-2-617, Vol.3 1973-1977. Tl ' azt ' en NROC. 110 Province's threat to expropriate was not as powerful as the Band's to blockade. 41 Thus on March 16th, the Government asked the Band to submit a counter proposal to the Government's February 17th offer of the land exchange plus $50,000. 42 The Band presented its counter-offer in July. It replaced the claim for $7 million with the proposal shown in Figure 4.4. "The basic philosophy behind these requests" the proposal reads, " is to ensure that our Band has the economic base necessary to sustain the community and to provide the facilities necessary to ensure that the Reserves will develop as an attractive place for Stuart Trembleur People to live." 43 The Band had asked for $7 million in 1973 because it was not yet sure what would be best to negotiate for. But after considering the issue for several years the Band now was able to articulate a more well developed strategy for adapting to the changing circumstances. One of the Tl'azt'en's main goals was to continue to live in their villages and in their territory. Land and resource rights constituted the main part of their strategy to reconfigure the territory to re-establish the viability of their communities. They asked for 10 acres for every acre surrendered to the railway, the right to harvest 141 ,600 cubic metres oftimber annually on Provincial land, and an exclusive hunting area. As an expression ofTI'azt' en goals, the July 1977 Counter Offer was a manifestation of 'difference' which when voiced to the Government had the potential to effect the production of space in Tl'azt' en territory. 41 The fact that DIA would not allow the Province to expropriate gave the Band tremendous power to get the Province to address its demands . But the Band was not necessarily always aware ofDIA's position. BCR's threat to expropriate was still an issue in August 1978, and the Band wrote to DIA to determine if the Province had made application under Section 35 to expropriate the railway right-of-ways. DIA officials met with the Band and stated that no such application was "on file." They also clarified that DIA policy was that land cannot be taken without consent of the Band and that in this case that policy was "in force." See Band Councilor to C.E. Riach (DIA) August 9, 1978; Regional Special Projects (DIA) to Headquarters Special Projects (DIA) September I , 1978; and response September 14, 1978. DIA Railway Right-of-Way File 985/312-617-1 , Vol.2, 1976-1980. Tl ' azt ' en NROC. 42 "Stuart-Trembleur Working On Proposal" Caledonia Courier, March 16, 1977. DIA Forestry File 5820617 Vol.l , 1968-1981, Binder: Tanizul Timber Ltd.- DIA Correspondence. Tl'azt'en NROC. 43 The Stuart Trembleur Band ' s Counter Offer. July 15, 1977. Box : Land Claims Second Copies, File: STB v. BCRail. Tl'azt'en BOBC. 111 excerpts from the "Stuart Trembleur Band's Counter Offer- July 15, 1977" Preamble: "In the early 1970s the frontier finally passed beyond the traditional territory of the Stuart-Trembleur Lakes Band. Both a road and a railroad were extended beyond Pinchi and Tache Villages .... Coincidental with the arrival of the Railway, our Band members started to experience a decrease in their subsistence income . ... For the first time the management of resources in the Stuart Trembleur Territory has become an issue for the 44 Band. Of primary concern is the management of resources for compatible use." "Band members question why development of timber resources should be allocated to corporate interests from outside the community, removing all resource management and development opportunities from the original inhabitants. When trapping and hunting opportunities are destroyed, these opportunities must be replaced by other opportunities managed by the community. For this reason we wish to continue the negotiations for a timber harvest license commenced in October 1975." The Band will consider as compensation. the following: I) The 944 acres presently agreed upon, plus an island in Cunningham Lake known as Skooby Island. The island is presently being leased by the Joseph brothers (band members) and is used as a base for their guiding outfit. 2) Further to the 944 we have selected, we request an additional 7 acres of land for every acre we are giving up. This would amount to an additional 2,142.56 acreage. The total land exchange would amount to 3,086.56 acres. Our band strongly feels that a greater land base would be most beneficial to us 3) The Provincial Order in Council I 036 not apply to the present and future reserve lands of the Stuart Trembleur Band, [so that their reserves would be exempt from future expropriation]. 4) 8 years rent for use of reserve lands: $15,000/year = $144,000. 5) A resource base as follows: a) Timber cutting rights at 50,000 cunits [141,600 cubic metres] for next 30 years. These will be located within area now called the Stuart Lake Pulp Harvesting Forest. This timber will be the basis of a logging operation to provide employment and revenue for Band. b) Exclusive hunting rights within the area bordered by the Stuart, Cunningham, Trembleur and Tezzeron Lakes. These hunting privileges will be for our people who are dependent on hunting to provide subsistence for themselves. 6) Provincial Government grants sufficient to develop and make viable 5(a). Including machinery and equipment required for a logging operation. Also the Band would like to establish an operation that would manufacture materials for log houses - both for commercial purposes and for our own housing program. 7) Provincial Government grants to help off-set costs for community sewage systems. 8) Housing for elders. There are 35-40 elders, many have inadequate housing, many need constant care. 9) A Recreation and cultural complex. 10) Maintenance of roads in villages ofTache and Binche, and in the future, in Portage. Figure 4.4 The counter-offer was presented to the Government at a meeting in Victoria on August 4, 1977. The Government did not respond quickly to the Band's proposal, and by late August 44 This statement supports the argument I presented in Chapter Two, that the Tl'azt'en had not felt that they were negatively impacted by non-native activity in their territory prior to the railway. 112 the Band again felt that it may have to set up the blockade to make any progress in the negotiations.45 However, though it would be several months before the next face to face negotiations took place, a blockade did not go up. When the Government did sit down with the Band on December 5, 1977 it made an offer of $100,000 for use of the right-of-way and as partial compensation for ecological impact. The Government said no to Points 3, and 6 to 10. Points 6 to 10 were said to be outside of the realm of Provincial jurisdiction because they were community projects on Federal land. In response to Point 3 Allan Williams said: "It will remain ... OIC 1036 was agreed on in 1929 by the two Governments." Chief Justa Monk then asked: "Was there any Indian input?" 46 The answer, of course, was no. This dialogue exemplifies how much things had changed since 1929 when native people had relatively little role in the reconfiguration of land. In the 1970s, though it took tremendous effort, the Tl ' azt'en were able to get the Government to some degree to negotiate the terms of spatial production with them. The Province did agree to give the Band Scooby Island, but was not prepared to consider adding significant acreage to the land exchange. 47 However, in a move that would 45 This is reflected in a September 14, 1977 letter from new Chief Justa Monk to Chief of the Takla Band "I would advise you and your people to be prepare with supplies they might need. Since the Government and the BC Railway will not stop playing games with us, I feel , and so do my people, that we should blockade the railway until this is finalized ." Justa Monk to William George (Chief of the Takla Band). September 14, 1977. Box: Land Claims Second Copies, File: STB v. BCRail. Tl ' azt ' en BOBC. 46 Notes of Meeting, December 4, 1977. Box: Land Claims Second Copies, File: STB v. BCRail. Tl'azt' en BOBC 47 John Alexis and Russel Alec, the Band' s economic development staff, had begun to identify additional lands should the government agree to the 10 to I exchange formula . The substantial land gains would have made it possible to consider agricultural operations as a economic development option. For example, the people in Portage Village had voiced an interest in securing the land surrounding Whitefish and Cunningham Lakes , and Nancut and Whitefish Creeks as a land base for their existing cattle raising operations and to also start larger scale farming. While the Portage area may be suitable to these activities the rest of Tl ' azt' en territory is not. See " Proposal put forward by the people of Portage," March 1976. DIA Railway Right-of-Way File 985/31-2-26 Vol.2. Tl'azt 'en NROC. 113 eventually bring a resolution to the negotiations, the Province agreed to grant the Tl'azt'en's request for rights to 141,600 cubic metres of timber. The Tl' azt' en questioned how the Government would be able to allocate timber to them when other companies seemed to already have all the timber rights in it territory. The Government responded that it would find a way. 4.6 The 1984 Agreement At the meeting in December representatives from the Ministry of Forests (MOF) had already suggested that the means of giving the Tl'azt'en timber rights should be a Tree Farm License (TFL). The TFL is the most secure form oftenure in the Province, and the only major license which grants exclusive harvesting rights to a specific area. Both of these characteristics were highly valued by the Band. 48 According to the new Forest Act (1978) the Government could not directly award a TFL but had to advertise the proposed license and invite applications. While the Government had promised to grant the Band access to timber the legislated process for the granting of TFLs would have to be followed. One of the unique aspects of a TFL is that it combines the license holder's private lands and Provincial forest land. MOF saw that if the 48 Today some Band members question whether it would have been better to have been allocated a Forest License which has fewer management responsibilities for a similar profit margin. Interviews with Ed John (February 9, 1998), and Harry Pierre (March 4, 1998). 114 Band could offer its reserve lands in its bid for the license it would have a clear advantage over other applicants. 49 MOF proposed that the TFL be located in the area between Stuart and Trembleur Lakes west of the Tache River. 5° Since the discontinuation of water-based logging in the mid 1970s, the area had remained inaccessible and unallocated because there was as yet no bridge across the Tache River. The location of the TFL was seen as favourable by part of the TI ' azt'en leadership because it was very close to the community, had good natural boundaries, and had some very high quality timber. Some Band members expressed concern about the proposed location because the area contained some of the most difficult and expensive logging terrain in the Fort St. James region. Today, some Band members continue to question why the Band agreed to the location of the TFL. 51 The Band's July 1977 proposal had suggested that the timber rights be in Stuart Lake Pulp Harvesting Forest, east of the Tache river, and Band members also discussed trying to get timber in the Middle River area. 52 But when MOF suggested the Band be given a TFL in the Tanizul Lake area the Band agreed. In December 1978 the parties had agreed that the settlement would include a land exchange, some monetary compensation and 141,600 cubic metres annually in timber rights. 53 While the TFL was being set up, the surveying of the exchange parcels progressed 49 L.W. Lehrle (Director, Timber Management Branch, MOF) to W.G. Bishop and R.W. Robbins (Assistant Deputy Minister, MOF). March 3, 1980. File: 870-3-2, TTB (Mini stry of Forests, Timber Tenures Branch, Victoria). 50 Mr. Mercer (Forester, DI A) to Cliff Bird (Manager, Prince George Indian District, DIA). March 30, 1978. DIA Forestry File 5820-6 I 7 Vol. I, 1968-1981 , Binder: Tanizul Timber Ltd.- DIA Correspondence, Tl'azt'en NROC. 51 Interviews with Ed John (Febru ary 9, 1998), Harry Pierre (March 4, 1998), Ralph Pierre (June 8, 1998), and Thomas Pierre (February 23 , 1998). 52 Interviews with Harry Pierre (March 4, 1998), and Ralph Pierre (June 8, 1998). 53 Jones (Regional Forester DIA) to File. DIA Forestry File: 5820-617 Vol.l, 1968-1981, Binder: Tanizul Timber Ltd.- DIA Correspondence. Tl'azt'en NROC. 115 and in July 1980 Crosby advised Allan Williams that "the Stuart Trembleur Band has reached agreement in principle on most points in its negotiations with the B.C. Government and B.C. Railway. The last item is settlement ofthe terms of the Tree Farm License ... .It is proposed that the meeting focus mainly on the economic viability of the Tree Farm License." 54 The main issue was the amount of timber available in the proposed area. It had been determined that the area only was capable of supplying approximately 85,000 cubic metres annually, far below the figure agreed to in 1978. The Band proposed expanding the area of the TFL to include more timber, but the Government adopted the position that the settlement would now be on basis of the Tanizul area, not a certain volume of timber. 55 The TFL was advertised on May 7, 1981. In anticipation of preparing a bid the Band had incorporated Tanizul Timber Ltd. earlier that Spring. Shares in Tanizul are held in trust for all Band members by six Board of Directors. The Band also voted to allow the Band's reserves to be included in Tanizul's application for a TFL. 56 By the closing date, 54 The Band did not want to agree to a venture that did not have a chance of success. A number of concerns about viability had recently arisen out of a study done for the Band by T.M. Thompson & Associates. The issues the Band wanted to discuss were: I) ensuring that the license area would provide a sustained yield of at least 141 ,600 cubic metres, 2) that the government finance the Tache River bridge and the main access road, and 3) the constraints the Band would face selling the wood that came from the TFL. The concerns about selling the timber stemmed from several factors. The license the Government drafted for the Band's TFL contained a clause that prohibited the license holder from building a manufacturing plant because MOF claimed that there was already enough milling capacity in the region. The Band would have to sell to other manufacturers but the log market was highly competitive and difficult to enter. The Band was concerned that partly because of a feeling of animosity from other local companies towards the award of the TFL to the Band, that they would have to truck their logs longer distances to other mills. Finally, though Provincial regulations prohibited the overseas export of unmanufactured timber, Indian Bands who harvested timber on their Federal reserve lands had benefited from being able to export their timber. Under the terms of the license, the Tl 'azt'en however, would not be able to export the timber from the TFL. Harry Crosby to Allan Williams (Attorney General) and Tomas M. Waterland (Minister of Forests). July 21 , 1980. Box: Land Claims Second Copies, File: STB v. BCRail. Tl'azt'en BOBC. Concerning non-native discontent with the Band receiving timber rights see Interviews with Ed John (February 8, 1998) and Russel Alec (June 4, 1998). 55 See for example Tom Waterland (Minister of Forests) to Allan Williams (Attorney General). August 20, 1980. File: 870-3-2, TTB. 56 " Stuart Trembleur Lakes Band Band Council Resolution." June 6, 1981. Box: Land Claims Second Copies, File: STB v. BCRail. Tl ' azt'en BOBC . 116 July 18, 1981 , applications from Netherlands Overseas Mills Ltd, East Fraser Logging Ltd, and Tanizul Timber had been submitted. Applications for TFLs are judged on three criteria: potential social benefits, potential revenue to the Government, and the potential to incorporate private land into forest management. The fact that it had twenty reserves which it could include in the TFL, and that it intended to hire local employees, meant that the Band's proposal would be difficult to contest. On September 9 and 10 the Ministry of Forests held a public hearing in Fort St. James to review the three applications. Shortly after, the Minister of Forests indicated to the Band and DIA that he would grant the license to the Tl'azt'en as soon as the Federal Government issued the Order in Council required to have the Federal Indian reserve lands come under Provincial jurisdiction for the purpose of forest management. 57 Lawyers from DIA and MOF worked throughout the fall on the means to overcome the regulatory and jurisdictional obstacles presented by this unprecedented integration of Provincial and Federal land. In January the Federal Privy Council issued "The Stuart Trembleur Lake Band (Tanizul Timber Ltd.) Timber Regulations", which made the all timber grown on the specified reserves subject not to DIA's Indian Timber Regulations but to the Provincial Forest Act, Ministry of Forests Act, and Range Act. 57 Dennis Novak (DIA) to F. Walchli (Regional Director General, DI A). September 14, 1981. DIA Forestry File 5820-617 Vol.l , 1968-1981 , Binder: Tanizul Timber Ltd.- DIA Correspondence. T1'azt'en NROC. 117 The Ministry of Forests awarded TFL 42 to The Tl'azt'en in February 1982.58 The actual signing of the License occurred a year later in April 1983, because the Band could not be granted the license prior to the preparation and approval of a management and working plan. With the granting of the TFL the Band received a 25 year renewable license with exclusive right to harvest timber on 54,000 hectares of Provincial land. Once the Tl'azt' en had secured timber rights, the land exchange and monetary compensation could be finalized. DIA produced the first draft of the agreement in December 1984, but it took several more years to make the document acceptable to the Federal Department of Justice and the Province's legal advisors. 59 The agreement was finally executed by the parties on June 3, 1988. The Band received $207,370 and the promise of gravel resources as compensation for BCR having taken gravel from several reserves during the construction ofthe railway. The Tl'azt'en also surrendered 306.1 acres of reserve land (as in July 1973, see map 3.4 and table 3.2a), and in return the Tl ' azt'en were granted 1,115.768 acres ofland (approximately 3.64 acres received per acre surrendered). 60 The Band selected 34 parcels of Provincial Crown land. Another ten acre parcel belonging to BCR at the Leo Creek town site was added into the agreement in 1987. The TFL and the 1984 Agreement reserves were new Tl ' azt' en spaces within the negotiated configuration of space. The hybrid 58 The Government awarded the TFL to the Tl'azt' en despite "vigorous protests" from the unsuccessful applicants. Ron Goodwin (Assistant Deputy Minister, DIA) to Deputy Minister (DIA). March 5, 1982. DIA Forestry File 5820-617 Voi.I , 1968-1981. Binder: Tanizul Timber Ltd.- DIA Correspondence. Tl'azt ' en NROC. The application by Netherlands Overseas Mills Limited was rejected early in the review process. It lacked detail, and it " did not successfully dispute a probable conflict of interest between ownership of processing plants and the license condition that the harvest be directed to the open log market." East Fraser Logging Company's proposal was adequate but MOF objected to its transportation and marketing scheme, and to the fact that most of profits would be withdrawn from the local area. East Fraser also did not propose to emphasize local hiring, or the hiring of Native people, and anticipated creating 20 jobs fewer than Tanizul's proposal. "Evaluation of Applicants for Tree Farm License 42." Cabinet Submission by Ministry of Forests, October 27, 1981. File: 870-3-l-42A TTB . 59 See DIA Railroad Right-of- Way File E5667-07554, Vol.l, 1984-1988. Tl'azt'en NROC. 60 Stuart Trembleur Lakes Band Annual Report, 1984. Page I 0. Tl'azt'en BOBC. 118 space of Tl' azt' en territory which was made up of the TFL, the 1984 Agreement reserves and the remainder of the territory will be described in Chapter Five. 4. 7 Conclusion In 1974 the Tl ' azt' en expanded the scope of the railway negotiations beyond the issue of right-of-ways on their reserves. In doing so the Tl'azt' en extended their influence in the production of space out from their reserves to the whole territory . Through threats of blockades, a three month blockade, and by demanding the right to a voice in shaping development which affected them, the Tl ' azt' en opened up a space of negotiation with the Provincial Government. This space of negotiation was a place where a small Native community could sit across the table from a Government minister and have an effect on how the territory was viewed, administered, and used. Between 1969 and 1983 the Tl'azt' en' s geopolitical actions had only resulted in the creation of this space of negotiation. But with the granting of the TFL in 1983 and the later acquisition of the 35 new reserves the Tl'azt'en had created negotiated spaces- visible signs of the influence of the Tl'azt'en in the production of space in their territory. 119 Five. 5.0 Negotiated Spaces and New Spaces of Negotiation Negotiated Spaces: The Space Created by the 1984 Agreement Through the opportunity presented by the railway negotiations, Tl'azt'en economic and social goals influenced the production of space in the territory to the most significant degree since the early 1900s. The negotiations resulted in the creation of new legal spaces which can be conceptualized as hybrid spaces- ones which reflect the non-native mode of production, but also the spatiality ofthe Tl'azt'en community. Tree Farm License 42 A Tree Farm License is an organization of space conceived of by Euro-Canadian society, but the Tl'azt'en chose to use it to meet their economic goals. Because of this the Tl'azt'en's TFL is different from other TFLs in the Province. First, the most unique aspect of TFL 42 is that Federal Indian Reserve land and Provincial land are combined into one unit for the purpose of forest management. Thirteen Tl'azt'en reserves make up part ofthe land base of the license (see Figure 5.1 and Map 5.1). This integration ofFederal Indian Reserve land and Provincial land was unprecedented and points to how the Tl ' azt'en's geopolitical efforts had changed the way both Governments were willing to administer their lands. The negotiations truly created a hybrid space- in the sense that the TFL was shaped by multiple influences, and in the sense that it was something new produced from their interaction. 120 Entire Reserve included in TFL Portion of Reserve included in TFL J:... T.~.~~-~~-~J~?................... ........... ............. . .?.:..... 9.~.!.~~!~--~~}........................................... ..?.:... ~.~~Y~E..~.~~ .. 2:. . . .9.~~-~--~~P.~.~-~--~~.?.............................. 3. Tezzeron IR8 10. Tache IR1 ················································································ .................................................................................... 4. Pinchi Lake IR7A 11. Pinche IR2 ................................................................................ .................................................................................... 5. Pinchi Lake IR7 12. Nancut IR3 . ~.: . . ~.~~~-~~--~~~~--~~-~.? ............................. ..}.~:....Y.~~~-~!.~1.:..~.~~7. Carsoosat IRS Figure 5.1 Tl'azt'en Reserve Lands in TFL 42 The Provincial Government saw the inclusion of reserve lands in the TFL as desirable because it would improve the management of the timber normally out of its reach. MOF felt that forests on Indian reserve land throughout British Columbia were not adequately managed. 1 The grafting of Tl ' azt' en lands onto the TFL land base would improve the management of those reserve lands and therefore decrease the potential for infestations and fire on reserve land to impact adjacent Provincial timber resources. The Provincial Government also felt that the utilization of Reserve timber would contribute to the forest industry of the region. A small TFL in central B.C. was also seen by Tom Waterland, the Minister ofF orests as an opportunity "to begin the introduction of an Interior log market, and would show that small or non-integrated companies could manage the forest as well as the larger or integrated companies, two long-standing Waterland beliefs."2 The Federal Government was also enthusiastic to see this new jurisdictional arrangement occur because 1 "Evaluation of Applicants for Tree Farm License 42." Cabinet Submission by Ministry of Forests, October 27, 1981. File: 870-3-I-42A TTB . 2 Mike Sasges, "Contest of tree license, 15 year first." The Vancouver Sun, September I, 1981. 121 of the obvious benefits that would accrue to the Tl'azt'en from the TFL, and also because it believed it would open the way for other creative arrangements with Indian lands in British Columbia. When the idea of the TFL was originally proposed during the negotiations, the Province had stated that the Tl'azt'en would be allowed to export a volume of timber equal to the volume produced by the Reserve lands included in the TFL (approx. 3,300 cubic metres). Export of timber from Provincial lands prior to manufacture is prohibited, but Bands in British Columbia have benefited from the fact that their reserves, which are Federal land, are not subject to this law. However, MOF later decided that it would not allow the export of volumes oftimber equal to the reserve volumes because it would undermine the export policy and appear to show favoritism. 3 But, as stated in Chapter Four, MOF seemed especially anxious to incorporate the Tl ' azt'en's reserves into the TFL because it was the Tl'azt' en's biggest advantage over the other applicants. The Tl'azt' en agreed that ifMOF paid for the bridge and main access road they would remove their request that timber from reserves be exportable.4 The second difference about the TFL is that it is held by a community company. At the time it was large forestry corporations which normally received timber rights from the 3 The Provincial government felt that there was "extreme danger in appearing to give a special benefit to the Indian Band." There was also concern that giving the Tanizul the right to export timber "might produce a backlash in a particular case" and would "seriously affect subsequent TFL applications." Allan Williams (Attorney General) to Tom Water land (Minister of Forests). April 24, 1981. File:870-3-2, TTB. 4 Allan Williams (Attorney General) to Tom Waterland (Minister of Forests). April 24, 1981. File:870-3-2, TTB . MOF chose to pay for the bridge and the main road into the TFL because Tanizul could not afford it, but also so that the Tl'azt'en would not have any right to claim control over access to the TFL or to the area west of the TFL: "In no way can we Jet the Indians assume that this TFL, if awarded, gives any control to areas behind. Their only control may be within their Indian Reserves, but certainly they cannot be permitted to control access through and accross Provincial Lands." L.W. Lehrle (Director, Timber Management Branch, MOF) to W.G. Bishop and R.W. Robbins (Assistant Deputy Ministers, MOF) . March 3, 1980. File: 870-3-2, TTB. 122 Province. The Tl' azt' en' s argument that benefits from resource development should accrue to local people modified, at least in this case, the Ministry of Forests' normal allocation of space. Giving a TFL to a community marked a different approach to resource management for that time. Yet, not only was the timber granted to a community, it was granted to a Native community- and this was a striking sign of a change in the way the Provincial Government viewed the place of Native people in British Columbian society. Unlike other forest companies which are run by distant, profit seeking share-holders, Tanizul Timber Ltd. is run by a community appointed Board of Directors. Since operations began Tanizul has attempted to manage the TFL to meet the community's goals. This has meant that to some extent the TFL is a space produced by the Tl' azt' en. Recently the Tl'azt'en have begun to consider modifying the Tanizul Timber's decision making process so that it better reflects traditional Tl'azt'en social structures such as clans and keyohs. 5 The Tl'azt'en saw the TFL as an opportunity to gain back a measure of control over a portion of their traditional territory. 6 For example, in its application for the TFL the Band informed the Government that it intended to implement a management scheme which would recognize the community's wildlife, plant gathering, hunting and trapping activities in the TFL area, and it emphasized that: "[t]he Band would decide what (and where) trade-offs would take place in the Band's best interest, with no outside interference." 7 5 Interview with Ed John, February 9, 1998. For more information on the community aspects of the operation ofTFL 42 see the report and video being produced by the research project entitled: "Linking Forestry and Community in the Tl ' azt'en Nation : Lessons for Aboriginal Forestry." Principal Investigator, Dr. Annie Booth (Environmental Studies Program, UNBC). 6 Tanizul Information Sheet. April 1983. Tl'azt ' en NROC. 7 D.T. Grant (Regional Manager, Prince George MOF) to L.W. Lehrle (Director, Timber Management Branch, Victoria MOF). May 5, 1980. File: 870-3-1-42, TTB . 123 However, though the TFL is certainly a Tl'azt'en space, it is still very much Provincial land. As the following comment by an MOF official shows, the Provincial Government did not agree with the Tl'azt'en having the power to manage the TFL as their exclusive space: "This is all very nice ... [but] all demands on the area cannot be met without jeopardizing the Public Sustained Yield Unit Allowable Annual Cut if non-normal practices and priorities are allowed to proceed. This should be stressed to the Natives. This is still a Provincial Resource, not a land exchange proposition. The area cannot be managed differently than other tracts of land due to the philosophies of the licensee. " 8 The TFL gave the Tl'azt' en the exclusive right to harvest timber on Crown land, but when they accepted the license the Tl ' azt'en had to agree to manage the land according to Provincial regulations. The Province had its own designs for the space of the TFL. It wanted to see the forest resources on the land brought into use in a manner similar to that of other timber harvesting areas in the province. MOF realized that it would make the production of an industrial landscape smoother if the Natives were doing it themselves: "Any protests or concerns about resource use conflicts or environmental problems on the area would most likely be originated by the Indians. These would be minimized and would be readily resolved ifthe Indians obtain the TFL." 9 As the Tl'azt'en themselves have learned, though they manage the TFL, this tenure is but a component within a larger landscape produced by the Provincial Government, the forest industry, and Canadian society. 8 Grant to Lehrle, May 5, 1980. File: 870-3-1 -42 , TTB. J.A.K. Reid (Staff Consultant, MOF) to A.C. MacPherson (Assistant Deputy Minister, MOF). September 23, 1981 . File:870-3-2, TTB. 9 124 The Tl'azt'en have had to manage the TFL within the parameters for annual cut, stumpage rate, and environmental protection set by MOF, and within the limits of the log market and regional economy. The Tl'azt' en's 'differences' (their social and economic goals, and their strategies for resource management), have been constrained by these external factors. The Tl'azt'en had enough political power to get the Government to grant them timber rights, but their power to shape the production of space within the TFL has been limited. Yet, when it was originally established, and year by year as it was managed, the Tl ' azt' en and the Government created the space of the TFL - it is a hybrid space resulting from the interaction, negotiation and compromise of both parties' goals and spatial strategies. New Reserve Lands In the final agreement the Tl'azt'en also received 1,115 acres of new reserve land which they used to create 35 new reserves (see Map 5.1 and Figure 5.2). Seven of the eight parcels selected by the Tl'azt'en in July 1973 appear in the final agreement. 10 Parcels 1, 3 and 4 were chosen as bases from which Band members could hunt, trap and fish. Parcels 2 and 34 provided lands which could be developed into lease lots to bring in revenue for the Band. Parcels 5 and 6 were farm and hay lands used by the people of Portage Village. And Parcel 7 was chosen for the benefit ofTl'azt'en people who needed a place to live when working at the sawmills in Fort St. James. 10 There were changes to some of these parcels. The land known as Parcel 2 in 1973 was listed as two parcels in the fmal agreement (I have numbered them Parcel2 and Parcel 34). Parcel 3 was moved farther downstream on the Kuzkwa River and reduced in size from 120 acres to 40. Parcel 4, which was intended to replace Soyandostar IR2 where Za Williams had had his cabin, was reduced to one acre and moved from the shore of Trembleur Lake to Kazchek Lake to be closer to his trapline. 125 Legal Description Lot 686 I. Reserve Name Dzin Tl ' at IR46 Acres 80 Rationale for Selection Hunting, Fishing & Trapping Base. Also potential for development into Lease Lots ..................................................................................................................................................................................................................................................... 2. Block A, Lot 3022, Addition to Pinche IR2 195 Extension of Pinche IR2, potential for 34 . Lot 3023 Chundoo Lhtan La IR45 I 05 Medicine and berry gathering site and potential 7. 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