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Waterfront health advisory issued
Vernon Morning Star - Jun 7th, 2017


Signs posted along Okanagan Indian Band properties after “contamination event”

Flooding will be the main topic at a town hall meeting hosted by the Okanagan Indian Band.

The band announced a meeting set for Saturday, from 6-to-9 p.m. at the Head of the Lake Hall.

Topics to be discussed include updates on weather, power utility services, Emergency Management B.C. and disaster financial assistance.

The meeting is open to all residents who have been affected by flooding on IR#1-Okanagan and IR #6-Priest Valley.

Both reserves had waterfront health advisory signs posted by the First Nations Health Authority along properties Wednesday.

The signs recommend people and pets not come in contact with the waterfront or water.

Source: http://www.vernonmorningstar.com/news/waterfront-health-advisory-issued/

Splatsin Chief Wayne Christian

Okanagan Indian Band has concerns about an agreement between the Splatsin and Silver Star resort
Differences of opinion are surfacing over who claims a local mountain.

The Okanagan Indian Band is expressing concerns about a recent memorandum of understanding between Silver Star Mountain Resort and the Splatsin, which is part of the Shuswap Nation.

“If the province and our neighbours want to draw lines on a map, so be it. But our lines haven’t changed and are based on historical fact,” Byron Louis, OKIB chief, told The Morning Star.

On behalf of the Okanagan Nation Alliance, Louis recently wrote a letter to the Splatsin and the provincial government.

“Silver Star Mountain Resort is located within the exclusive and unextinguished territory of the Sy/7x Okanagan Nation,” wrote Louis.

“This area falls within the OKIB’s area of responsibility and has the responsibility to ensure that the Sy/7x Okanagan Nation’s title and rights and territorial integrity are fully protected.”

The Splatsin are defending their memorandum of understanding with Silver Star Mountain Resort.

“Splatsin is a border community within the Secwepemc Nation and there is mixed (Syilx (Okanagan) and Secwepemc (Shuswap) blood within the community,” said Wayne Christian, Splatsin chief, in a letter.

“Splatsin holds much oral history of the Silver Star Mountain area as it was, and still is, an important component of our season round. The BX Creek-Silver Star area is known to us as Tsuqqwtsin, which translates to Red Mouthed Fish.”

Christian goes on to say that his band recognizes Silver Star as being shared with the OKIB.

“This shared protocol was reaffirmed by both our elders at a joint meeting held Oct. 28, 2002 where a motion was passed stating that Silver Star Mountain is a shared area between the two communities,” he said.

Louis says the provincial government is responsible for the overlapping claims and ignoring the title and rights of the Okanagan.

“They want to create uncertainty and that the courts will say, ‘No one owns it,” he told The Morning Star.

“We can’t allow it. If someone draws lines on a map, there’s no justification for us to respect it.”

The Ministry of Forests, Lands and Natural Resource Operations says it’s aware of the overlapping territorial claims between the OKIB and the Splatsin.

“The B.C. government has been in touch with both nations highlighting B.C.’s requirement to consult with both nations and that neither consultation nor consultation agreements with one band or nation in no way limits the aboriginal rights of the other band or nation,” states the ministry in an e-mail.

“While it is best for neighbouring First Nations to work together to resolve differences, the province is always prepared to facilitate discussion where First Nations find it helpful.”

Frustration with the government has led to the OKIB cancelling Ministry of Forests and B.C. Hydro projects on its land.

“We’re prepared to do it again. We have no choice,” said Louis.

The Splatsin are calling for a meeting with the OKIB to resolve the conflict.

“We need to stop challenging each other’s claims and start working together in the role of caretakers to our shared areas for future generations,” said Christian in his letter.

Silver Star Mountain Resort deferred comment on the matter.

Source: http://www.vernonmorningstar.com/news/bands-differ-over-territory/

Source: http://www.vernonmorningstar.com/opinion/letters/397939421.html

Statistics often strip Canada’s murdered and missing aboriginal women of their identities.

An RCMP report indicates there have been about 1,200 women and girls go missing or killed nationally over 30 years, and while the figure may actually be higher, advocates insist the focus must be on the loss of individual lives.

“These women were daughters, mothers and aunts,” said Coola Louis, an Okanagan Indian Band councillor during the Sisters in Spirit vigil Tuesday.

“These women had places in our hearts. They were beautiful women capable of doing beautiful things.”

The Sisters in Spirit National Day of Vigils was part of the See Me, Hear Me, Remember Me Red Dress campaign, with red dresses symbolizing the victims of violence.

“There is greater strength in unity and we’re coming together,” said Glen Louis, one of the organizers.

The Native Women’s Association of Canada says that between 2000 and 2008, aboriginal women and girls represented 10 per cent of all female homicides in Canada but they only make up three per cent of the country’s female population.

“It’s going to take all of us collectively to address this national shame,” said Coola Louis.

For Coun. Allan Louis, action must occur among the younger generations.

“We need to educate our girls and boys about the seriousness of these crimes to our sisters,” he said.

For Joan Vedan, she continues to struggle with the pain caused by her mother’s murder in Vancouver in 1988.

“I wish I could have told her how much I needed her,” said Vedan, who was 18 at the time.

“I hope the government will take care of this issue because it’s a crisis.”

As part of the vigil, red dresses were hung on a fence along Westside Road.

“It’s not just one day that we remember. We remember every day,” said Glenda Louis.

Source: http://www.kelownacapnews.com/news/395978221.html

Statistics often strip Canada’s murdered and missing aboriginal women of their identities.

An RCMP report indicates there have been about 1,200 women and girls go missing or killed nationally over 30 years, and while the figure may actually be higher, advocates insist the focus must be on the loss of individual lives.

“These women were daughters, mothers and aunts,” said Coola Louis, an Okanagan Indian Band councillor during the Sisters in Spirit vigil Tuesday.

“These women had places in our hearts. They were beautiful women capable of doing beautiful things.”

The Sisters in Spirit National Day of Vigils was part of the See Me, Hear Me, Remember Me Red Dress campaign, with red dresses symbolizing the victims of violence.

“There is greater strength in unity and we’re coming together,” said Glen Louis, one of the organizers.

The Native Women’s Association of Canada says that between 2000 and 2008, aboriginal women and girls represented 10 per cent of all female homicides in Canada but they only make up three per cent of the country’s female population.

“It’s going to take all of us collectively to address this national shame,” said Coola Louis.

For Coun. Allan Louis, action must occur among the younger generations.

“We need to educate our girls and boys about the seriousness of these crimes to our sisters,” he said.

For Joan Vedan, she continues to struggle with the pain caused by her mother’s murder in Vancouver in 1988.

“I wish I could have told her how much I needed her,” said Vedan, who was 18 at the time.

“I hope the government will take care of this issue because it’s a crisis.”

As part of the vigil, red dresses were hung on a fence along Westside Road.

“It’s not just one day that we remember. We remember every day,” said Glenda Louis.

Source: http://www.vernonmorningstar.com/news/395890231.html

July 27, 2015 Highlights of the Regional District of Central Okanagan Regular Board Meeting

This was a Director Item, so there are no Highlights about this.

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July 27, 2015 audio of entire RDCO Board meeting - .mp3 (147 MB)

July 27, 2015 audio of RDCO Board meeting only about Director Item - Director Baker and Stack about Truth and Reconciliation Commission - .wma (1.11 MB)

July 27, 2015 Regional District of Central Okanagan Regular Board Meeting Agenda

This was a Director Item, so there is no Agenda about this.

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July 27, 2015 audio of entire RDCO Board meeting - .mp3 (147 MB)

July 27, 2015 audio of RDCO Board meeting only about Director Item - Director Baker and Stack about Truth and Reconciliation Commission - .wma (1.11 MB)

July 16, 2015 Highlights of the Regional District of Central Okanagan Regular Board Meeting

This was a Director Item, so there is nothing mentioned in the Highlights about this

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July 16, 2015 audio of entire RDCO Board meeting - .mp3 (95.5 MB)

July 16, 2015 audio of RDCO Board meeting only about Director Item - WFN Derrickson asking the board to look at the recommendations made by the Truth and Reconciliation Commission - .wma (2.49 MB)

July 16, 2015 Regional District of Central Okanagan Regular Board Meeting Agenda

This was a Director Item, so there is nothing mentioned in the Agenda about this

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July 16, 2015 audio of entire RDCO Board meeting - .mp3 (95.5 MB)

July 16, 2015 audio of RDCO Board meeting only about Director Item - WFN Derrickson asking the board to look at the recommendations made by the Truth and Reconciliation Commission - .wma (2.49 MB)

OKIB goes to the polls
Castanet.net - by Kevin Rothwell | Story: 136736 - Apr 2, 2015


Photo: Contributed - sylix.org
OKIB Chief Byron Louis

Okanagan Indian Band members are voting for a new chief and council today.

There are three people running for chief – incumbent Byron Louis and former chiefs Fabian Alexis and Dan Wilson.

Eighteen people are running for council.

They are: Homer Alexis, Jonathan Alexis, Leona Bonneau, Linda Bonneau, Reynolds Bonneau, Mollie Bono, Lyle Brewer, Valerie Chiba, Dustin Good Water, Tim Isaac, Garett Lawrence, Allan Louis, Cecilia Louis, Coo-la Cachoot Louis, Diane Louis, Sheldon Louis, Raymond Marchand, Guy Robins, Russel Williams, Dan Wilson, Leland Wilson, Patricia Wilson, William Wilson and Maureen Ziprick.

Voting runs until 8 p.m. at the Head of the Lake hall.

A total of 574 band members from both on and off the reserve voted in the last council election.

Proponents of purchasing a railway corridor are staying the course despite high-profile opposition.

The Okanagan Indian Band has come out against the agreement local jurisdictions have signed to purchase the Canadian National line from Coldstream to Kelowna for $22 million. The band insists the corridor is part of an outstanding land claim.

“We have no control over that and we’re working through the rules as we know it. To just stop (the purchase process), we would lose that opportunity,” said Jim Garlick, Coldstream mayor.

“We’re not trying to infringe on anything with the band because we have no powers (with First Nations land claims).”

Juliette Cunningham, Greater Vernon Advisory Committee chairperson, is reluctant to comment on how the band’s opposition may impact the rail purchase.

“We will have to talk to City of Kelowna staff who have been the lead in negotiations,” she said.

Kelowna officials say they were aware of the band’s land claims with the federal government along Wood and Kalamalka lakes.

“Our understanding is that CN has the right to legally dispose of the railway corridor and that this is a land claim issue between the OKIB and senior levels of government,” said Doug Gilchrist, Kelowna’s division director of community planning and real estate.

“The city does not take stands on land claim issues between First Nations and senior levels of government as it's outside of our jurisdiction. The City of Kelowna will continue to work with the OKIB through the joint planning initiative currently underway for the mutual benefits of all our citizens.”

The corridor is part of the Commonage claim, which the band says was created when reserve land was taken away from the band in the late 1800s.

“In our eyes, the resolution of the OKIB’s entitlement to the Commonage Reserve remains outstanding business,” said Byron Louis, Okanagan Indian Band chief.

“We offered the mayors the opportunity to back our claim. First, it would have helped to build much needed bridges between parties and cultures and second, it would have saved the taxpayers $22 million.”

The band has forwarded the issue to legal counsel for further review, but that hasn’t halted optimism among the Okanagan Rail Trail Initiative that a recreational corridor can be developed.

“This doesn’t surprise me because there’s still an unresolved issue,” said Brad Clements, initiative president, of the band’s concerns about the land purchase.

“All of us in the Okanagan need to understand the history and where the band is coming from. It’s part of the process. There will still be a solution.”

The Okanagan Indian Band’s water system has experienced some upgrades.

Through $4,655,433 from the federal government, the band has received new distribution and supply lines, a pump house, treatment system and reservoir.

“Our government will be funding important upgrades so community members can have the same access to safe and clean water that other Canadians enjoy,” said Colin Mayes, Okanagan-Shuswap MP.

“We recognize that improving water and wastewater systems on reserve is crucial to supporting healthy, self-sufficient and prosperous First Nation communities.”

The Okanagan Indian Band is home to 1,959 members, 823 of whom live on reserve.

“Things grow where water flows and the upgraded water system will certainly help our community grow as we complete our land use plan and work towards further upgrades to our infrastructure,” said Byron Louis, band chief.

The Okanagan Indian Band’s elected officials are responding to concerns about remuneration.

Federal legislation recently required all First Nations in the country to post online the wages and expenses of chiefs and band councils.

“You can’t make simple comparisons based off of population,” said Chief Byron Louis, with the Okanagan Indian Band.

“Canada has a population of about 35 million and Prime Minister Harper makes more than $300,000 a year, while the U.S. has about 313 million and President Obama makes $400,000 a year; it’s not about population, it’s about responsibilities.”

For the year ended March 31, Louis had a salary of $44,034 and expenses of $39,618 for a total of $83,652.

The total salary and expenses for band councillors were $31,530 for Homer Alexis, $33,012 for Lyle Brewer, $34,727 for June Cole, $31,614 for Tim Isaac, $34,777 for Allan Louis, $37,150 for Coo-La Louis, $39,878 for Diane Louis, $34,097 for Raymond Marchand, $36,038 for Russell Williams and $34,916 for Leland Wilson.

Louis says his council is responsible for all policies relating to health care, education, housing, economic development and territorial stewardship, and their responsibilities do not end at the reserve boundary.

“The needs of our membership often extend beyond the boundaries of our reserves,” said Louis.

“We assist band members from Vernon to Vancouver and beyond and that isn’t the case for a municipality.”

The Okanagan Indian Band has a total registered population of 1,962, with 840 band members residing on reserve lands.

Louis added that municipalities can rely on health authorities, non-profit organizations and school boards to administer health, education, economic development and housing programs.

Regarding remuneration, Louis says he will engage band members at a fall meeting.

“Remuneration is a matter between elected officials and the people they’re accountable to,” said Louis.

“It has been our practice for well over a decade to provide this information to our membership.”

OTTAWA — A room full of surprised veteran B.C. Aboriginal leaders erupted in “cheers and tears” after the Supreme Court of Canada, in the most important aboriginal rights case in the country’s history, ruled that the Tsilhqot’in First Nation has title 1,750 square kilometres of land in south central B.C.

The landmark ruling will provide a clear and less onerous roadmap for all unresolved land claims in B.C. and throughout Canada involving First Nations seeking to negotiate modern treaties – or to fight for their land rights in court.

The unanimous ruling from all eight judges was written by Chief Justice Beverley McLachlin.

“Aboriginal title confers the right to use and control the land and to reap the benefits flowing from it,” she found.

However, the ruling also made clear that economic development on title land can continue – either with consent, or if there is no consent when the Crown has proven that the project has a “compelling and substantial” public interest.

The decision was immediately described as by aboriginal leaders as the mark of an epic shift in Canada-First Nations relations, and a signal to Prime Minister Stephen Harper and provincial premiers to take treaty negotiations more seriously.

“This will be a game-changer in terms of the landscape in British Columbia and throughout the rest of the country where there is unextingushed Aboriginal title,” said Jody Wilson-Raybould, regional B.C. chief of the Assembly of First Nations.

“This has to be the wake-up call for governments, both the provincial and federal governments, and we look to Mr. Harper to actually see this as the fundamental impetus to sit down at the table and truly and meaningfully move towards reconciliation.”

“The decision is an opportunity to truly settle, once and for all, the land question in BC -- where our Nations are not simply making claims to the Crown under an outdated federal policy but where there must be true reconciliation based on recognition and where the outcome of negotiations is certain.

Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, suggested that all economic projects on traditional Aboriginal territories will now require “consent” as well as consultation before they proceed.

That, in turn, will mean problems for the two major proposals to build oil sands pipelines through B.C. on territory claimed by various First Nations.

“We are in an entirely different ballgame,” Phillip, told a Vancouver news conference.

Pipeline proponents Enbridge and Kinder Morgan are “probably back on their heels,” said Phillip, who told journalists that the room full of First Nation leaders exploded into “cheers and tears” after learning of the judgement.

The federal government reacted cautiously, saying it is reviewing the ruling before considering its “next steps” in its relationship with Aboriginal peoples.

“The decision by the Supreme Court of Canada on the appeal filed in the Roger William case involves complex and significant legal issues concerning the nature of Aboriginal title in the Province of British Columbia,” Aboriginal Affairs Minister Bernard Valcourt said in a statement.

June 12, 2014 Highlights of the Regional District of Central Okanagan Regular Board Meeting

Nothing is mentioned in the Highlights about about Director Gray discussion about CN Rail Corridor because it was a Director Item (Railway track turned into a trail)

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June 12, 2014 audio of entire RDCO Board meeting - .mp3 (11.3 MB)

June 12, 2014 audio of RDCO Board meeting only about Director Item - Gray, Findlater, Fielding about the railway corridor being a public trail - .wma (4.28 MB)

June 12, 2014 Regional District of Central Okanagan Regular Board Meeting Agenda

Nothing is mentioned in the Agenda about Director Gray discussion about CN Rail Corridor because it was a Director Item (Railway track turned into a trail)

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June 12, 2014 audio of entire RDCO Board meeting - .mp3 (11.3 MB)

June 12, 2014 audio of RDCO Board meeting only about Director Item - Gray, Findlater, Fielding about the railway corridor being a public trail - .wma (4.28 MB)

June 12, 2014 Regional District of Central Okanagan Regular Board Meeting Minutes

8. DIRECTOR ITEMS

Director Gray noted that in regards to the CN Rail corridor there is public support to keep the rail line as a public transportation corridor between Kelowna and North Okanagan. The various local governments in the region are reviewing options. A portion of the right-of-way goes through the Okanagan Indian Band lands and that land will revert to the Band.

It was noted that the right-of-way was partially purchased and partially granted to Northern Pacific, the Province took it over and paid to develop the railway and the Federal government paid to lay the track. CN Rail believes the line belongs to them.

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June 12, 2014 audio of entire RDCO Board meeting - .mp3 (11.3 MB)

June 12, 2014 audio of RDCO Board meeting only about Director Item - Gray, Findlater, Fielding about the railway corridor being a public trail - .wma (4.28 MB)

May 26, 2014 Highlights of the Regional District of Central Okanagan Regular Board Meeting

Nothing was mentioned in the Highlights about this Director Item - Mayor Gray inviting OKIB Duck Lake reserve to become a non-voting member of the Regional Board.

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May 26, 2014 audio of entire RDCO Board meeting - .mp3 (22.2 MB)

May 26, 2014 audio of RDCO Board meeting only about Director Item - Mayor Gray inviting OKIB Duck Lake reserve to become a non-voting member of the Regional Board - .wma (4.61 MB)

May 26, 2014 Regional District of Central Okanagan Regular Board Meeting Agenda

This was a Director Item so there is nothing in the Agenda about this

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May 26, 2014 audio of entire RDCO Board meeting - .mp3 (22.2 MB)

May 26, 2014 audio of RDCO Board meeting only about Director Item - Mayor Gray inviting OKIB Duck Lake reserve to become a non-voting member of the Regional Board - .wma (4.61 MB)

May 26, 2014 Regional District of Central Okanagan Regular Board Meeting Minutes

9. DIRECTOR ITEMS

b) Okanagan Indian Band

Director Gray raised the issue as to whether the Okanagan Indian Band (OKIB) should be invited to the Regional Board table as a non-voting member.

Although the Band does not share in service agreements with the RDCO as Westbank First Nation does, their lands border the Regional District in Central Okanagan West Electoral Area, in addition to municipal borders of Lake Country and Kelowna.

GRAY/BAKER
THAT staff be directed to review the merits and any potential concerns to inviting the Okanagan Indian Band to join the Regional Board as a non-voting member and report back to the Board in due course.

CARRIED Unanimously

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May 26, 2014 audio of entire RDCO Board meeting - .mp3 (22.2 MB)

May 26, 2014 audio of RDCO Board meeting only about Director Item - Mayor Gray inviting OKIB Duck Lake reserve to become a non-voting member of the Regional Board - .wma (4.61 MB)

The Okanagan Indian Band's desire for long-term planning has the backing of a neighbour.

Lake Country council will support the band's application to a federal program for land use planning initiatives.

"It's good to see them moving forward," said Mayor James Baker.

The band's Duck Lake reserve is immediately adjacent to the municipal boundaries and Baker says and development there could impact his community.

"We'd like to see them get some projects that provide them with revenue and we are pleased to provide them with services," said Baker referring to water and planning assistance.

Sewer services would likely be available form the City of Kelowna which encompasses the reserve lands.

The band is seeking funds from the federal B.C. Capacity Initiative.

The program, which is funded by Aboriginal Affairs and Northern Development Canada, helps bands prepare for consultation, negotiation and management of land and resources as part of current or future aboriginal title settlement agreements.

All B.C. First Nations with unresolved land claims are eligible to apply for funds.

June 9, 2011 Highlights of the Regional District of Central Okanagan Regional Board Meeting

Okanagan Indian Band Reserve Expansion

The Regional Board has given conditional support to an application from the Okanagan Indian Band to Indian and Northern Affairs Canada to a proposed expansion of its Reserve #1. The Band wants to add approximately 1,088-hectares of land to its reserve. Four properties totalling 84-hectares are owned by the Band and are located northwest of Westshore Estates within the Central Okanagan West Electoral Area. The Band indicates the reserve expansion is related to its 2002 settlement of a boundary claim acknowledging a historical survey error of its reserve.

The Board support is conditional on protection and exclusion of road rights of way, retention of unrestricted public access to adjacent private and Crown land and that the Band host a Public Open House to advise the community of the implications of the proposed reserve expansion.

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June 9, 2011 audio of entire RDCO Board meeting - .mp3 (25 MB)

June 9, 2011 audio of RDCO Board meeting only about the OKIB Reserve Expansion - .wma (232 KB)

June 9, 2011 Regional District of Central Okanagan Special Board Meeting Agenda

Item 5.1 Indian and Northern Affairs Canada - OKIB.pdf

*Note* This is only a snippett of the 13 pages, click link above for the entire contents

Agenda No: 5.1
Mtg. Date: June 09, 2011

DEVELOPMENT SERVICES DEPARTMENT REPORT For the Regional Board June 9th, 2009

TO: Chair & Members of the Regional Board
FROM: Ron Fralick, Planner 1
DATE: May 30,2011
SUBJECT: Indian and Northern Affairs Canada referral to consider addition of lands to Okanagan Indian Reserve (I.R.) No.1 (Our File: 0400-60)
LOCATION: The four (4) parcels within the Central Okanagan West Electoral Area of the Regional District of Central Okanagan are located northwest of Westshore Estates.
LEGAL: Within RDCO; Lot 3, DL's 913, 3788, & 3912, ODYD, Plan 33458, except Plan H18677; Lot 12, DL's 3788 & 4068, ODYD, Plan 33459; Lot 5, DL's 3788, 4067, & 4068, ODYD, Plan 33459; and Lot 2, DL's 4067 & 4068, ODYD, Plan 33459

RECOMMENDATION:
THAT the Regional Board conditionally supports Indian and Northern Affairs Canada (INAC) referral for the addition of private parcels within the Regional District of Central Okanagan to I.R. #1 subject to the following:
>- That the road right-of-ways of Beau Park Road, Gates Road, Bouleau Lake Road, and Whiteman's Creek Road are protected and excluded from the proposed addition to I.R. #1, as per the June 11, 2009 comments from the Ministry of Transportation and Infrastructure;
>- Retention of unfettered public access, as per the May 11, 2009 comments from the Ministry of Forests, Lands and Natural Resource Operations (formerly Ministry of Forests and Range);
>- Issues and concerns of other key agencies are unknown at this time and should be taken into consideration by Indian and Northern Affairs Canada (ie: Ministry of Environment and Ministry of Forests, Lands and Natural Resource Operations);
>- That the Okanagan Indian Band be required to hold a Public Open House to advise the community of the implications of the addition-to-reserve proposal;

AND FURTHER THAT the Development Services Department Report dated May 30, 2011 be forwarded to Indian and Northern Affairs Canada for their information and consideration.

PURPOSE:
To consider a proposal from Indian and Northern Affairs to allow the addition of approximately 84 ha (208 acres) of private lands within the RDCO to Okanagan Indian Reserve (I.R.) No.1.

BACKGROUND:
The Okanagan Indian Band has requested that Indian and Northern Affairs Canada (INAC) add lands to Okanagan I.R. No.1 (the Reserve). The four (4) parcels within the Central Okanagan West Electoral Area of the Regional District of Central Okanagan are adjacent to Beau Park Rd., Gates Rd., Whiteman Creek Rd., and Bouleau Lake Rd. northwest of Westshore Estates. The remaining lands that form part of the referral are located within the North Okanagan Regional District (NORD).

Of the 1088 hectares of land under review, approximately 84 ha (208 acres) are located within the RDCO.

The Regional Board at their meeting of June 22, 2009 recommended non-support of the Indian and Northern Affairs referral due to a number of concerns. The concerns are noted in the June 22, 2009 Board resolution which is appended to the report.

Subsequent to June 2009, the Okanagan Indian Band requested in their letter of February 4, 2011 that they be provided with an opportunity to make a presentation to the Regional Board to provide additional information and convince the Board to support their addition-to-reserve status.

The Board heard from the Okanagan Indian Band at their meeting of March 21, 2011 and the Board agreed to reconsider its original resolution (Resolution #153/09) and directed staff to provide a report on the issues raised on June 22, 2009 and the items raised by the Board and OKIB at the March 21, 2011 meeting (A copy of the Board minutes related to this matter is attached).

Regional District staff met with representatives of the Okanagan Indian Band on April 4, 2011 and it was agreed that the Band would provide additional information in order to satisfy the request of the Regional Board. To this end, the attached letter from the Chief of the Okanagan Indian Band was received on May 19, 2011. In summary, the letter provides further information concerning settlement and historic confirmation, the addition-to-reserve process, road access issues, future land use of the subject lands, and public consultation planned by the Band.

RELEVANT INFORMATION:
APPLICANT: Okanagan Indian Band
ZONING: Lands within RDCO are zoned Ai Agricultural and RU2 Rural 2
OCP: Lands within RDCO are designated Agriculture & Large Holding
EXISTING USE: Unknown (Privately owned on behalf of Okanagan Indian Band)
ALR: Partly within the ALR

KEY AGENCY REFERRALS (Provided to the Board on June 22, 2009):

The Ministry of Forests and Range is primarily concerned with the transfer of private land to reserve status and the impact for access to range and forest resources. Once transferred, addition of the lands to reserve status is under Federal authority and the Ministry loses any rightsof-way, non-gazetted roads, structure or buildings that are not identified.

Specifically, they advise that the primary access to the Whiteman Creek, Naswhito and Bouleau FSR's is via Beau Park and Whiteman Creek Roads which are identified as passing through the proposed area. They recommend that clearances be created for these roads to ensure unfettered public and industrial access to the Forest Road systems. Access to these roads is critical to Ministry tenure holders (timber and range) as well as for fire control.

The Ministry of Transportation and Infrastructure advises that they have no objection subject to the road right-of-ways for Beau Park Road, Gates Road, Bouleau Lake Road, and Whiteman
Creek Road being protected and excluded from the proposed addition to I. R. No.1.

The Ministry of Agriculture and Lands advises that it is their understanding that the small segments of lands that are currently within the ALR will remain in the ALR after being added to the Reserve. Therefore their interests are unaffected by the proposal.

The Agricultural Land Commission notes that portions of the lands identified on the detailed map appended to the application are situated within the ALR. The Commission also wishes to advise that portions of the subject lands formed part of an application in 1980 (Beaupark Ranch Ltd.) to subdivide six large parcels into 28 parcels.  The Commission believed that the subdivision proposal would represent an intrusion of small parcels into a ranching area leading to the reduction of the overall long-term agricultural potential of the lands under application. The Commission refused the application.

Westbank First Nation advises that the subject lands and resources fall within Westbank First Nation's traditional territory. WFN fully supports the acquisition of the lands in order that they are added to Okanagan Indian Reserve No.1.

PLANNING STAFF COMMENTS:
Notwithstanding the new information provided by the Okanagan Indian Band, Planning staff continues to have concerns with the proposal to add the subject parcels to I.R. #1 as this will result in segregation of this rural community. As noted on the map appended to the referral, the subject parcels within the RDCO are not contiguous. Parcels under RDCO jurisdiction will be subject to all of our bylaws and requirements pertaining to land development, while the lands proposed for reserve status will be subject to different standards and requirements.

This scenario could ultimately result in varying and conflicting land uses within the same geographic community. While the Okanagan Indian Band indicates in their May 17, 2011 letter that they have committed to holding a Public Open House regarding the addition-to-reserve status proposal, there is no legislated requirement that we are aware of mandating the Band to complete future public consultation related to land use changes on the newly established reserve lands.

With respect to road access concerns, the May 17, 2011 letter indicates that the proposed reserve lands have been surveyed so as to exclude certain roads and these excluded roads will not be transferred to reserve status. These roads have not been identified by the Band and Planning staff continues to concur with the Ministry of Transportation and Infrastructure in that protection and exclusion of the road right-of-ways for the four roads (noted earlier) forms part of the approval.

In addition, the Ministry of Forests and Range recommended that unfettered public and industrial access to the Forest Road systems is secured. Access to these roads is critical to Ministry tenure holders (timber and range) as well as for fire control. These roads also provide public access for numerous recreational opportunities on Crown lands to the west.

Of final note, issues and concerns of other key agencies (ie: Ministry of Environment and Ministry of Tourism, Culture and the Arts) continue to be unknown at this time and should be taken into consideration by Indian and Northern Affairs Canada.
In recognition of the above, the Development Services Department recommends that the Regional Board offer conditional support to the Indian and Northern Affairs Canada referral, as per the Recommendation section at the beginning of the report.

Respectfully submitted,
Ron Fralick, MCIP
Planner 1

Dan Plamondon, Director of Development Services

Attach.
RF/th

don't forget to click link above for the entire 13 pages

Map of Beau Park - OKIB Reserve Expansion - DRAFT
This map also shows where RDCO (Central Okanagan) and NORD (North Okanagan) border meet.

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June 9, 2011 audio of entire RDCO Board meeting - .mp3 (25 MB)

June 9, 2011 audio of RDCO Board meeting only about the OKIB Reserve Expansion - .wma (232 KB)

June 9, 2011 Regional District of Central Okanagan Regional Board Meeting Minutes

5. DEVELOPMENT SERVICES

5.1 Report regarding Indian & Northern Affairs Canada addition of land to Okanagan Indian Reserve No.1 (File No. 0400-60) (Unweighted Vote All Directors)

Staff report dated May 30, 2011 outlined the referral application from Indian & Northern Affairs Canada to consider addition of lands to the Okanagan Indian Reserve IR No.1. It was noted that the Band attended the March 21, 2011 Board meeting requesting that the Regional Board reconsider their original resolution of June 22, 2009 opposing the addition of the subject lands.

The Chief of the Okanagan Indian Band forwarded a letter to the Regional District on May 19, 2011 providing further information as requested by the Regional Board.

SHEPHERD/OPHUS
THAT the Regional Board conditionally supports Indian and Northern Affairs Canada referral for the addition of private parcels within the Regional District of Central Okanagan to I.R. #1 subject to the following:

• That the road right-of-ways of Beau Park Road, Gates Road, Bouleau Lake Road, and Whiteman's Creek Road are protected and excluded from the proposed addition to 1.R.#1, as per the June 11, 2009 comments from the B.C. Ministry of Transportation and Infrastructure;
• Retention of unfettered public access, as per the May 11, 2009 comments from the B.C. Ministry of Forests, Lands and Natural Resources (formerly B.C. Ministry of Forests and Range);
• Issues and concerns of other key agencies are unknown at this time and should be taken into consideration by Indian and Northern Affairs Canada (ie: B.C. Ministry of Environment and Ministry of Forests, Lands and Natural Resource Operations);
• That the Okanagan Indian Band be required to hold a Public Open House to advise the community of the implications of the addition-to-reserve proposal.

AND FURTHER THAT the Development Services Department report dated May 30, 2011 be forwarded to Indian and Northern Affairs Canada for their information and consideration.

CARRIED

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June 9, 2011 audio of entire RDCO Board meeting - .mp3 (25 MB)

June 9, 2011 audio of RDCO Board meeting only about the OKIB Reserve Expansion - .wma (232 KB)

March 21, 2011 Regional District of Central Okanagan Highlights of the Regular Board Meeting

Okanagan Indian Band Reserve Expansion

The Regional Board has received a presentation from two Councillors of the Okanagan Indian Band regarding a proposed expansion of its Reserve #1.

In 2009, the Regional Board citing a number of concerns opposed the band’s application to Indian and Northern Affairs Canada to add 1,088-hectares to the band reserve. Four of the parcels totalling approximately 190-hectares are privately owned by the band and are located within the Central Okanagan West Electoral Area adjacent to Westshore Estates.

The Board has authorized Regional District Development Services staff to meet with the band staff regarding the reserve expansion request and to prepare an updated report for Board consideration.

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March 21, 2011 audio of entire RDCO Board meeting .mp3 (165 MB)

March 21, 2011 audio of entire RDCO Board meeting revised .mp3 (176 MB)

March 21, 2011 audio of RDCO Board meeting of just the revised section that was added later .wma (2.47 MB)

March 21, 2011 audio of RDCO Board meeting only about the OKIB Reserve Expansion .wma (13.9 MB)

March 21, 2011 Regional District of Central Okanagan Regular Board Meeting Agenda

Item 5.1 Okanagan Indian Band -Addition to Okanagan IR1.pdf

RDCO / NORD BORDER

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March 21, 2011 audio of entire RDCO Board meeting .mp3 (165 MB)

March 21, 2011 audio of entire RDCO Board meeting revised .mp3 (176 MB)

March 21, 2011 audio of RDCO Board meeting of just the revised section that was added later .wma (2.47 MB)

March 21, 2011 audio of RDCO Board meeting only about the OKIB Reserve Expansion .wma (13.9 MB)

March 21, 2011 Regional District of Central Okanagan Regular Board Meeting Minutes

5. DELEGATIONS

5.1 Okanagan Indian Band (ONIB) - Councillors Raymond Marchand and Tim Isaac re: Addition to Okanagan IR#1 - Laura Demers Okanagan Indian Band in its letter of February 4, 2011 requested a delegation to discuss the Regional District's opposition to the addition of the subject lands to I. R. No.1. The opposition to the addition was provided to Indian and
Northern Affairs Canada in 2009.

Councillor Marchand addressed the Board noting:
- ONIB wants better dialogue between the two governments
- Four Regional Board members supported the addition to reserve, and now requests a new resolution of support in light of information provided today.
- This is a result of a specific claim filed over two decades ago. Believe portions of land were illegally excluded.
- Land which is being added to reserve constitutes a relatively small acreage.

Land is being returned as a result of unlawfully excluded from reserve before the regional district existed.
- Integral part of claim Canada conceded was valid.
- Want to work out practical solutions from issues raised in Board resolution.
-No forestry road in the area.
-Zoning issues--will not be subject to ALR and zoning requirements.

Bylaws don't apply to reserve lands. Willing to sit down to address issues how lands will be developed.
- Willing to sit down to work out a protocol between the governments to help harmonize land use decisions.
- Want contiguous Band lands. Canada said that the lands are to be touching but they are not - Canada considers in this instance they are.
- The North Okanagan Regional District is not opposed to the addition to lands.

Discussion:
Very positive that dialogue has started.
Is it possible for the Band to hold an information meeting for residents in the area? Yes, this could be done.
Majority of the land is within the North Okanagan Regional District.
Residents have expressed concern in the past with regard to road access.
Information blocks have been done in the past regarding other issues.
ONIB has never blocked road access.

Staff reviewed the lots identified. Lots are privately owned by the band. One lot is in the ALR. ONIB bought the lands and now want to move them to reserve status.
How is the land contiguous? They aren't in this area but it is as a whole these are remnant pieces.

The error by Canada was made off Rattlesnake Point not these lands. In a land settlement with Canada monies were offered by Canada but the Band asked for lands to be moved to reserve status. The Band is now requesting other lands be added to reserve. The Band bought the lands and now want them transferred to reserve.

Need staff report to revisit the issue and report back on ie: historical information; confirm process currently in place; confirm road access issues; what future land use is being planned by the Band; and what public consultation process is planned by the Band.

Is there a timeline for response? June 12 is the deadline for ONIB so a response would be appreciated as soon as possible.

The delegation was thanked for their presentation. Chair Hobson noted the Regional District is willing to continue discussions with the Band that can lead to establish principles and benchmarks for a Protocol Agreement between the two governments, The Administrator will contact ONIB for discuss this further.

FINDLATER/EDGSON
THAT the February 4, 2011 letter from the Okanagan Indian Band regarding Addition to Okanagan I.R #1 be received;

AND THAT the Regional Board reconsider its original resolution #153/09 in opposition to the addition of the subject lands to I,R No, 1;

AND FURTHER THAT staff be directed to provide a report on the issues raised on June 22, 2009 and further considering the items raised by the Board and the Okanagan Indian Band at the March 21, 2011 meeting.

CARRIED

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March 21, 2011 audio of entire RDCO Board meeting .mp3 (165 MB)

March 21, 2011 audio of entire RDCO Board meeting revised .mp3 (176 MB)

March 21, 2011 audio of RDCO Board meeting of just the revised section that was added later .wma (2.47 MB)

March 21, 2011 audio of RDCO Board meeting only about the OKIB Reserve Expansion .wma (13.9 MB)

June 22, 2009 Highlights of the Regional District of Central Okanagan Board Meeting

Reserve Expansion Application

The Regional Board will advise Indian and Northern Affairs Canada that it is opposed to an application from the Okanagan Indian Band to extend its reserve.

The application requests the addition of approximately 1,088-hectares of land including 84- hectares on four parcels within the Central Okanagan West Electoral Area. The Regional Board has a number of concerns including the loss of bylaw
protection and the potential loss of Agricultural Land Commission jurisdiction for the subject properties. It also supports concerns raised by the Ministry of Forests and Range and Ministry of Transportation that public access on roads within the proposed area should be retained and unrestricted.

June 22, 2009 Regional District of Central Okanagan Regular Board Meeting Agenda

Item 6.5 Indian and Northern Affairs Canada application.pdf

*Note* This is only a snippett, please click link above for entire 8 pages

Agenda No: 6.5
Mtg. Date: June 22, 2009

DEVELOPMENT & ENVIRONMENTAL SERVICES DEPARTMENT REPORT

For the Regional Board June 22nd, 2009

TO: Chair & Members of the Regional Board
FROM: Ron Fralick, Planner 1
DATE: June 15, 2009
SUBJECT: Indian and Northern Affairs Canada referral to consider addition of lands to Okanagan Indian Reserve (I.R.) No.1 (Our File: 0400-60)
LOCATION: The four (4) parcels within the Central Okanagan West Electoral Area of the Regional District of Central Okanagan are located northwest of Westshore Estates.
LEGAL: Within RDCO; Lot 3, DL's 913, 3788, & 3912, ODYD, Plan 33458, except Plan H18677; Lot 12, DL's 3788 & 4068, ODYD, Plan 33459; Lot 5, DL's 3788, 4067, & 4068, ODYD, Plan 33459; and Lot 2, DL's 4067 & 4068, ODYD, Plan 33459

RECOMMENDATION:
THAT the Board of Directors of the Regional District of Central Okanagan advises Indian and Northern Affairs Canada of the following issues and concerns related to the addition of the subject lands to I.R. No.1;

>- Retention of unfettered public access, as per comments from the Ministry of Forests and Range and the Ministry of Transportation and Infrastructure;
>- If approved, the subject lands will not be subject to RDCO Bylaws and requirements (ie: subdivision and Environmental Development Permit provisions of the North Westside OCP);
>- Subject parcels within RDCO are not contiguous; this will result in inconsistent land use requirements for neighbouring property owners in the Beau Park Rd., Gates Rd., Whiteman Creek Rd., and Bouleau Lake Rd. areas that are subject to RDCO Bylaws;
>- The Land Commission previously refused an application in 1980 for subdivision within the ALR that included several of the subject parcels. Once added to the Reserve, provisions of the Agricultural Land Commission Act may no longer be applicable for those lands within the ALR (based on Federal jurisdiction and previous case law);
>- Issues and concerns of other key agencies are unknown at this time and should be taken into consideration by Indian and Northern Affairs Canada (ie: Ministry of Environment and Ministry of Tourism, Culture and the Arts).

AND FURTHER THAT the Development & Environmental Services Department Report dated June 15, 2009, be forwarded to Indian and Northern Affairs Canada for their information and consideration.

PURPOSE:
To consider a proposal from Indian and Northern Affairs to allow the addition of lands to Okanagan Indian Reserve (I.R.) No.1.

POLICY:
There is no formal Board policy that applies to the proposal.

RATIONAL:
~ If approved, the subject lands will not be subject to RDCO Bylaws and requirements (ie: subdivision and Environmental Development Permit provisions of the North Westside OCP);
~ Subject parcels within the RDCO are not contiguous. This will result in confusing and conflicting land use requirements for neighbouring property owners in the area that will continue to be subject to RDCO Bylaws and requirements;
~ Significant issues and concerns related t6 retention of unfettered public access have been identified by the Ministry of Transportation and Infrastructure, Ministry of Forests and Range and the Regional District;
~ Issues and concerns of other key agencies (ie: Ministry of Environment and Ministry of Tourism, Culture and the Arts) are unknown at this time and should be taken into consideration by Indian and Northern Affairs Canada.

BACKGROUND:
The Okanagan Indian Band has requested that Indian and Northern Affairs Canada (INAC) add lands to Okanagan I.R. NO.1 (the Reserve). The four (4) parcels within the Central Okanagan West Electoral Area of the Regional District of Central Okanagan are adjacent to Beau Park Rd., Gates Rd.; Whiteman Creek Rd., and Bouleau Lake Rd. northwest of Westshore Estates. The remaining lands that form part of the referral are located within the North Okanagan Regional District (NORD).

Of the 1088 hectares of land under review, approximately 84 ha (208 acres) are located within the RDCO. It appears that a large portion of Lot 3, Plan 33458 is located within the ALR. The subject parcels within RDCO & within NORD are highlighted on the attached 'Beau Park Properties - DRAFT' referral map (dated November 2006).

RELEVANT INFORMATION:
APPLICANT: Okanagan Indian Band
ZONING: Lands within RDCO are zoned A1 Agricultural and RU2 Rural 2
OCP: Lands within RDCO are designated Agriculture & Large Holding
EXISTING USE: Unknown (Privately owned on behalf of Okanagan Indian Band)
ALR: Partly within the ALR

AGENCY REFERRALS:

The Parks Department, Inspections and Engineering staff has no specific comments or objections to the application.

The City of Kelowna indicates that their interests are unaffected by the proposal.

The Ministry of Forests and Range is primarily concerned with the transfer of private land to reserve status and the impact for access to range and forest resources. Once transferred, addition of the lands to reserve status is under Federal authority and the Ministry loses any rights-of-way, non-gazetted roads, structure or buildings that are not identified.

Specifically, they advise that the primary access to the Whiteman Creek, Naswhito and Bouleau FSR's is via Beau Park and Whiteman Creek Roads which are identified as passing through the proposed area. They recommend that clearances be created for these roads to ensure unfettered public and industrial access to the Forest Road systems. Access to these roads is critical to Ministry tenure holders (timber and range) as well as for fire control.

The Ministry of Transportation and Infrastructure advises that they have no objection subject to the road right-of-ways for Beau Park Road, Gates Road, Bouleau Lake Road, and Whiteman Creek Road being protected and excluded from the proposed addition to I.R. NO.1.

The Ministry of Agriculture and Lands advises that it is their understanding that the small segments of lands that are currently within the ALR will remain in the ALR after being added to the Reserve. Therefore their interests are unaffected by the proposal.

The Agricultural Land Commission notes that portions of the lands identified on the detailed map appended to the application are situated within the ALR. The Commission also wishes to advise that portions of the subject lands formed part of an application in 1980 (Beaupark Ranch Ltd.) to subdivide six large parcels into 28 parcels. The Commission believed that the subdivision proposal would represent an intrusion of small parcels into a ranching area leading to the reduction of the overall long-term agricultural potential of the lands under application. The Commission refused the application.

Westbank First Nation advises that the subject lands and resources fall within Westbank First Nation's traditional territory. WFN fully supports the acquisition of the lands in order that they are added to Okanagan Indian Reserve NO.1.

Don't forget to click link above for all 8 pages

June 22, 2009 Regional District of Central Okanagan Regular Board Meeting Minutes

*NOTE* This is only a snippett, please click link for entire 8 pages

Agenda No: 6.5
Mtg. Date: June 22, 2009

DEVELOPMENT & ENVIRONMENTAL SERVICES DEPT REPORT For the Regional Board June 22nd, 2009

TO: Chair & Members of the Regional Board
FROM: Ron Fralick, Planner 1
DATE: June 15, 2009
SUBJECT: Indian and Northern Affairs Canada referral to consider addition of lands to Okanagan Indian Reserve (I.R.) No.1 (Our File: 0400-60)

LOCATION: The four (4) parcels within the Central Okanagan West Electoral Area of the Regional District of Central Okanagan are located northwest of Westshore Estates.

LEGAL: Within RDCO; Lot 3, DL's 913, 3788, & 3912, ODYD, Plan 33458, except Plan H18677; Lot 12, DL's 3788 & 4068, ODYD, Plan 33459; Lot 5, DL's 3788, 4067, & 4068, ODYD, Plan 33459; and Lot 2, DL's 4067 & 4068, ODYD, Plan 33459

RECOMMENDATION:
THAT the Board of Directors of the Regional District of Central Okanagan advises Indian and Northern Affairs Canada of the following issues and concerns related to the addition of the subject lands to I.R. No.1;

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