Ministry of Aboriginal Affairs, Province of British Columbia
The following information is intended to provide only a brief summary of British Columbia's history. Information has been compiled from many different sources and includes oral history that has passed through generations.
If you have concerns, comments or questions about any of the information presented, please contact the Webmaster. Every effort is being made to ensure that information is accurate and fair. As a result, this page is always under construction.
1763
The Royal Proclamation
of 1763 by King George III recognizes aboriginal people as "nations
or tribes" and acknowldeges that they continue to possess traditional
territories until they are "ceded to or purchased by" the Crown.
" . . . Whereas it is just and reasonable, and essential to
our Interest, and the Security of our Colonies, that the several Nations
or Tribes of Indians with whom We are connected, and who live under our
Protection, should not be molested or disturbed in the Possession of such
parts of Our Dominions and Territories as, not having been ceded to or
purchased by Us, are reserved to them, or any of them, as their Hunting
Grounds . . .
And We do further declare it to be Our Royal Will and Pleasure, for the
present . . . to reserve under our Sovereignty, Protection, and Dominion,
for the use of the said Indians, all the Lands and Territories not included
with limits of Our . . . new Governments, or within the Limits of the Territory
granted to the Hudson's Bay Company, as also all the Lands and Territories
lying to the Westward of the Sources of the Rivers which fall into the
Sea from the West and the North West . . ."
1774
First recorded contact by Spanish Explorer Juan Perez Hernandez when he
meets Haida near Haida Gwaii. Oral history indicates that some BC First
Nations had prior contact with Europeans.
1778
Captain Cook lands on the coast of British Columbia and claims the land
for Britian.
1793
British sea captain George Vancouver sails into Observatory Inlet (Ts'im
Gits'oohl) and produces first contact between the Nisga'a and explorers.
1843
Fort Victoria is established by James Douglas.
1849
Vancouver Island becomes a British colony. James Blanshard is appointed
as first governor. The British Crown gave trading rights to the Hudson's
Bay Company, and placed it in charge of immigration and settlement.
1850 -- 1854
James Douglas, chief factor of Fort Victoria, under instructions to purchase
First Nations lands, made a series of fourteen land purchases from aboriginal
peoples. The Douglas Treaties cover approximately
358 square miles of land around Victoria, Saanich, Sooke, Nanaimo and Port
Hardy. Natives are paid in blankets and promised the rights to hunt on
unsettled lands and to carry on fisheries "as formerly".
1851
James Douglas appointed governor of the Vancouver Island colony, while
retaining his Hudson's Bay Company position.
1858
The Mainland becomes the Colony of British Columbia. James Douglas is also
appointed governor of the new colony. He resigns his Hudson's Bay Company
position.
1859
New Westminster becomes the first capital of British Columbia.
1861
Douglas instructs R.C. Moody, the chief commissioner of lands and works
on the mainland colony, to ensure that "the extent of the Indian Reserves
. . . be defined as they may severally pointed out by the Natives themselves."
1862
Devastating smallpox epidemic kills approximately one of every three aboriginal
people.
1864
Governor Douglas retires. A.E. Kennedy is appointed in his place.
Joseph Trutch is appointed Chief Commissioner of Lands.
1866
Colony of Vancouver Island and the Colony of British Columbia are united
into a single colony: British Columbia.
1867
Canada becomes a country when confederation joins Nova Scotia, New Brunswick,
Quebec and Ontario.
The federal government is given authority under Section 91(24) of the The Constitution Act 1867 (Canada's first constitution) "to make laws for the Peace, Order, and good Government of Canada" including laws about "Indians and lands reserved for Indians."
1870
Joseph Trutch, as Chief Commissioner of Lands and Works, writes memorandum
denying the existence of Aboriginal title.
1871
The Colony of British Columbia becomes a province within the Canadian Confederation.
British Columbia is the sixth province to join the Dominion of Canada.
The Terms of Union between British Columbia and Canada states that the federal government will assume responsibility for Indians and British Columbia will retain authority over land and resources.
Joseph Trutch is appointed as the province's first Lieutenant-Governor.
The British North America Act, 1871.
1872
Hundreds of Coast Salish rally outside provincial land registry in New
Westminster, on the Lower Mainland, seeking settlement of the Land Question.
1874
56 chiefs approve a petition to federal Indian Commissioner Israel Powell
asking for implementation of a federal proposal that reserves contain 80
acres per family.
1876
Indian
Act is established. The Act focused on three main areas:
Land, Membership, and Local Government. It consolidates all previous Indian
legislation; defines Indian status; and gives the Superintendent General
administrative powers of Indian affairs.
1880s
European population surpasses Aboriginal population -- many Aboriginal
people have died from contact with European diseases.
Christian missions, Protestant on the central and north coasts, Roman Catholic on the south coast and in the interior, are by now widely established.
Removing of Native children from home and family for education and "civilization" is begun.
1881
Chief Mountain leads a Nisga'a protest delegation to Victoria.
1884
Indian Act amended to outlaw cultural and religious ceremonies such
as the potlatch, which is the major social, economic and political institution
of the coastal peoples.
1885
Three Tsimshian chiefs travel to Ottawa and meeting with Prime Minister
Macdonald to discuss "our troubles about our land."
1886
Nisga'a in the Upper Nass resist surveyors and begin organized pursuit
of land claims.
1887
Nisga'a and Tsimshian chiefs travel to Victoria to discuss the Land Question
and self-government with Premier William Smithe. Premier Smithe responds
with the myth that Indians could no more be seen as landowners than could
the birds or the bears. "When the whites first came among you, you
were little better than the wild beasts fo the field."
1889
Federal fishing permit system introduced.
1890
Establishment of the first Nisga'a Land Committee.
1898
The flow of gold-seekers to the Yukon are blocked at Fort St. John by Natives
demanding a treaty that defines and protects traditional territories.
1899
Treaty 8 is extended westward into British Columbia from Alberta, and allocates
a 5,500 square mile section of northeastern B.C. The Government of British
Columbia continues to reject concept of aboriginal title but does not object
to the treaty.
1909
The Nisga'a Land Committee arranges with other northcoast tribes to form
the Native Tribes of B.C.
A delegation representing 20 British Columbia Indian Nations travel to England to make a presentation to the Crown regarding the Land Question.
1910
Prime Minister Laurier in Prince Rupert promises to settle the Land Question.
1912
The federal and provincial governments agree that a Royal Commission should
re-examine the size of every reserve in the province.
1913
Nisga'a land committee submits petition to British Privy Council to resolve
the Land Question. The petition was referred back to Canada.
1916
McKenna-McBride Royal Commission report, intended to "provide a final
adjustment of all matters related to Indian Affairs in the province,"
recommends changing and redistributing reserve lands. The Commission did
recommends enlargement of some reserves, but also advises that much valuable
land be cut from others.
The Allied Tribes of British Columbia, the first province-wide First Nations organization, is formed to pursue land claims and secure treaties. The alliance represents the majority of tribal groups in the province.
1919
The Allied Tribes of British Columbia file a petition to the federal and
provincial governments that is a comprehensive presentation of all Indian
land claims in the province.
1920
Bill 13: British Columbia Indian Lands Settlement Act is
passed by the federal government, and implements the McKenna-McBride recommendations.
Allows reductions or "cut-offs" of reserves without consent of
aboriginal people, contrary to provisions of the Indian Act.
Ditchburn-Clark team is setup to review the Report of the Royal Commission. The review is completed in 1923 and finds inaccuracies regarding acreages and descriptions.
1923
Natives allowed commercial saltwater fishing licences.
1924
Cut-offs of reserves are carried out with 76 square kilometres of reserve
land allocated to Nisga'a.
1926
Chief William Pierrish of Neskonlith goes to London, England, with two
other Chiefs to petition the Imperial government regarding the land question.
They are intercepted by the High Commissioner of Canada who undertakes
to deliver the Petition and pursuades Chief Pierrish to return to Canada.
1927
Parliament appoints a specal joint committee of the Senate and House of
Commons of Canada to respond to the Allied Indian Tribes of British Columbia.
The joint committee decided unanimously that their claim to Indian title
in British Columbia was without merit.
Parliament amends the Indian Act to make it illegal to "receive, obtain, solicit or requests from any Indian any payment or contribution for the purpose of raising a fund or providing money for the prosecution of any claim" without the consent of the Superintendant General of Indian Affairs.
1929
Aboriginal population in B.C. less than 30,000, its lowest point since
European contact.
1931
Native Brotherhood of B.C. is formed and secretly keeps Land Question discussions
alive.
1938
British Columbia Order-in-Council 1036 gives final conveyance of title
to Indian reserves in British Columbia to the federal government.
1949
British Columbia government unilaterally grants Indian people the right
to vote in provincial elections. Frank Calder is the first native to be
elected to the provincial legislature.
1951
Parliament repealed the provisions of the Indian Act that outlawed
the potlatch and prohibited "land claims" activity.
1955
The Nisga'a Land Committee is re-established as the Nisga'a Tribal Council.
1960
Aboriginal people on reserves granted the right to vote in federal elections.
Phasing out of Indian residential schools begins.
1965
Nanaimo natives arrested for hunting in unoccupied portion of Nanaimo treaty
area. Province argues Douglas agreements were not treaties. Supreme Court
of Canada disagrees, causing aboriginal rights to emerge as a serious issue
in Canadian courts.
1966
The federal Department of Indian
Affairs and Northern Development (DIAND) is formed.
1968
Nisga'a take the Land Question to court (Calder), seeking a declaration
that they had held aboriginal title to the land prior to colonization,
and that their title had never been extinguished.
1969
B.C. Association of Non-Status Indians (BCANSI) formed.
The Union of B.C. Indian Chiefs (UBCIC) is formed to proceed with a land claim on behalf of all B.C. status Indians.
1973
Calder Decision: The Supreme Court of Canada rules that the Nisga'a had
held aboriginal title before settlers came, but the judges split evenly
on the question of the continuing existence of their title.
1974
Federal government starts negotiations with Nisga'a in north western
B.C.
1976
The federal government adopts a "comprehensive land claims policy."
Under the Comprehensive Claims policy, only six land claims could be negotiated
in Canada at any one time, and only one per province.
In British Columbia, negotiations are started with the Nisga'a Nation without the participation of the Government of British Columbia. The Nisga'a land claim is the only claim in B.C. started under the Comprehensive Claims policy.
1982
Constitution Act recognizes and affirms existing aboriginal and treaty
rights, but leaves question of unextinguished title open for courts to
decide.
Section 35 of the Constitution
Act, 1982 states:
(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
1984
Guerin v. The
Queen: Final ruling in Musqueam Indian Band's 1975 lawsuit against
federal government over the lease of 162 acres of reserve land to the Shaugnessy
Golf Club (in Vancouver) in the late 1950s. The Supreme Court of Canada
recognizes that aboriginal rights existed before Canada became a country
and that those rights apply both on- and off-reserve. It also confirms
that the federal government must protect the interests of Aboriginal people.
Delgamuukw Case: Gitskan and Wet'suwet'en First Nations file suit against the province, claiming ownership of 57,000 square kilometres of traditional territories near Hazelton, as well as right to self-government and compensation for lost land and resources.
1985
Important changes were made to Canada's Indian Act on June 28,
1985, when Parliament passed Bill
C-31, an Act to Amend the Indian Act. Bill C-31 brought the Act into
line with the provisions of the Canadian Charter of Rights and Freedoms.
1986
Sparrow Decision: Ruling in the case of Ronald Sparrow, a Musqueam charged
with violating federal fishing regulations while fishing off-reserve in
the lower Fraser River. Court of Appeal rules that aboriginal rights to
fish for food continue to exist in non-treaty areas of the province.
Federal government introduces Sechelt Indian Band Government Act, grants title to lands in traditional Sechelt territory and provides for self-government through legislation.
1987
The Native Affairs Secretariat was created by the Government of British
Columbia.
1988
The Native Affairs Secretariat becomes the Ministry of Native Affairs.
1990
The Supreme Court of Canada rules (Sparrow
v. The Queen) that Section 35 of the Constitution Act provides "a
strong measure of protection" for Aboriginal rights. The Court further
rules that aboriginal and treaty rights are capable of evolving over time
and must be interpreted in a generous and liberal manner. The Court also
rules that governments may regulate existing aboriginal management of resources
and that after conservation goals are ment, Aboriginal people must be given
priority to fish for food over other user groups.
In August, the Province of British Columbia agreed to join the First Nations and Government of Canada in negotiations, and proceeds to immediately enter the negotiations underway between the Nisga'a and the Government of Canada.
In October, leaders of First Nations met with the Prime Minister of Canada and then with the Premier and Cabinet of British Columbia urging the appointment of a tripartite task force to develop a process for negotiations.
On December 3, the British Columbia Claims Task Force is established. The terms of reference call upon the task force to make recommendations on the scope of negotiations, the organizations and process of negotiations, interim measures, and public education.
1991
Delgamuukw Decision: The B.C. Court of Appeal rules that the Gitxsan and
Wet'suwet'en people have "unextinguished non-exclusive aboriginal
rights, other than right of ownership" to much of their traditional
territory. The Court urged the parties to negotiate the scope and content
of those rights.
In June the British Columbia Claims Task Force makes 19 recommendations. All of the recommendations are accepted by the First Nations Summit and the federal and provincial governments. The recommendations include establishing a six-stage treaty process for negotiating treaties.
Government of British Columbia officially recognizes the inherent rights of First Nations to aboriginal title and to self-government, and pledged to negotiate just and honourable treaties.
The Ministry of Native Affairs is renamed the Ministry of Aboriginal Affairs and given expanded responsibilities to reflect the provincial government's new direction.
1992
B.C. Treaty Commission Agreement established by First Nations Summit, provincial
and federal governments in response to one of the 19 recommendations made
by the BC Claims Task Force.
1993
In March, an agreement outlining
the role of local governments in aboriginal treaty negotiations is signed
by the Government of British Columbia and the Union of British Columbia
Municipalities.
On April 15, the British Columbia Treaty Commission is appointed. The Commission is the keeper of the treaty-making process -- its role is to facilitate the negotiation of treaties. It is not an arm of any government and it does not negotiate treaties.
In June, the B.C. Court of Appeal (Delgamuukw) recognizes continuing existence of aboriginal rights.
On December 15, the BC Treaty Commission begins the treaty-making process by accepting Statements of Intent from First Nations, the first stage of a six-stage negotation process.
1994
On September 19, an agreement ensuring local government participation in
treaty negotations is signed by the Government of British Columbia and
the Union of British Columbia Municipalities.
The federal government accepts Section 35 of the Constitution as including the aboriginal right to self-government.
1995
Major court decisions:
1996
On February 15, negotiators for Canada, British Columbia and the Nisga'a
Tribal Council initialed an agreement-in-principle
which will form the basis for the first modern-day treaty in B.C.
On March 22, Indian and Northern Affairs Minister Ronald A. Irwin and B.C. Aboriginal Affairs Minister John Cashore join with Nisga'a Tribal Council President Joseph Gosnell Sr. to sign the agreement-in-principle at an historic ceremony in New Aiyansh. The signing paves the way for negotiations of a final agreement and implementation of the treaty.
Major court decisions:
1997
Major court decisions:
Excerpted from The Report of The British Columbia Claims Task Force, June 28, 1991
"The conflict over the rights of aboriginal peoples in British Columbia is not solely a product of our time. The dispute has its genesis in the early years of European settlement. It is a conflict that speaks to the difficulties in reconciling fundamentally different philosophical and cultural systems. Historically, the conflict has focused on rights to land, sea, and resources. However, the ultimate solution lies in a much wider political and legal reconciliation between aboriginal and non-aboriginal societies. Addressing the problem will require an appreciation on the historical relationship between aboriginal and non-aboriginal people, and an understanding of how this history has shaped the political and legal reality today."