Image: M. Vanden Bosch / PML / Crown land in the greater Chilliwack area considered sacred and spiritual within the ancestral Stó:lō Nation territory will now have special legal protections afforded to it following extensive consultation and collaboration with First Nations peoples.

By Mike Vanden Bosch

First Nations

S’ólh Téméxw Stewardship Alliance heritage sites in the Chilliwack area receive new legal protections

Aug 30, 2022 | 10:39 AM

CHILLIWACK — Crown land in the greater Chilliwack area considered sacred and spiritual within the ancestral Stó:lō Nation territory will now have special legal protections afforded to it following extensive consultation and collaboration with First Nations peoples.

Sacred, spiritual and ceremonial heritage sites on Crown lands within Stó:lō Nation territory now have legal recognition and protection through a landmark pilot agreement.

According to a news release from the B.C. government Tuesday (Aug. 30), the agreement, which is the first of its kind in B.C., was collaboratively developed by the S’ólh Téméxw Stewardship Alliance (the STSA) and the provincial government under the Heritage Conservation Act. It provides protection for 45 heritage sites and outlines a consensus-seeking, shared decision-making process between the STSA and the Province for ongoing heritage-site management.

“Protection of sacred Indigenous heritage sites is critical to the spiritual well-being of Indigenous communities and an important part of our reconciliation journey,” said Katrine Conroy, Minister of Forests. “First Nations have long called for a more direct role in heritage conservation as part of reforming how heritage sites are administered in British Columbia. Through this pilot, we are acting on our commitment to working in partnership with Indigenous Peoples to protect these important sites.”

The act automatically protects heritage sites that contain artifacts, features, materials or other physical evidence of human habitation or use that pre-date, or are likely to pre-date, 1846, as well as burial places with archeological or historical value, rock art of Aboriginal origin and heritage wrecks. The Provincial Heritage Register includes over 60,000 protected heritage sites.

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More than 90% of these are of First Nations origin. Sites on private or Crown land are automatically protected, whether they are known or unrecorded, intact or disturbed. Protected sites cannot be altered without a permit.

Under the act, the Province can enter into an agreement with a First Nation with respect to the conservation and protection of its cultural heritage sites and objects. These agreements, like the pilot agreement with the STSA, can provide protection for heritage sites of spiritual, ceremonial or cultural value, which would not otherwise be automatically protected under the act. Examples include sacred spiritual practice areas or ceremonial belongings. Agreements may also provide opportunities to jointly develop policies or procedures for Heritage Conservation Act permits affecting these sites.

Through government-to-government negotiation, the STSA and the Province have entered into this agreement to protect sites identified by the STSA as holding spiritual or cultural meaning. An implementation framework was co-developed as part of the agreement.

The pilot agreement will be in effect for one year. Before it ends, the STSA and the Province will evaluate the outcomes of the agreement and recommend whether to amend, extend or allow it to conclude. This agreement will provide important learning for potential future agreements with other First Nations and inform the recently launched Heritage Conservation Act Transformation Project.

In March 2022, the B.C. government released the Declaration on the Rights of Indigenous Peoples Act Action Plan, which outlines how the Province will implement the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). The Action Plan includes a commitment (4.35) to “work with First Nations to reform the Heritage Conservation Act to align with the UN Declaration, including shared decision-making and the protection of First Nations cultural, spiritual, and heritage sites and objects.”

This Action Plan commitment is being advanced through Phase 1 of the Heritage Conservation Act Transformation Project. The transformation project includes broad engagement with modern Treaty Nations, First Nations and key stakeholders of the Heritage Conservation Act and its administration, its alignment with the UN Declaration and the engagement process. Phase 1 will inform priority areas of change to align the act with the UN Declaration and to better meet the needs of all British Columbians.