A story on the CBC website recounts the manner in which the Federal Government departments do not initially observe the property rights of a First Nations man and as a result leaves its operations compromised. See: DFO sockeye count hindered by building occupation, CBC, August 11, 2010
The hero in this tale is the man who stood up for his rights and forced the government to respect his claim. While the story starts out as a man “occupying” the site in question, it later turns out that it is the man’s land being occupied by the Department of Fisheries and Oceans Canada (DFO). This is apparent by the stance of Chief David Luggi of the Carrier-Sekani band stating “Well it’s his land, his property. He has every right to do so [occupy the building] and he’s exercising that right.”
Who Messed Up?
It seems that the land upon which DFO placed a building was on the land they leased from the province of BC but actually belongs to Carrier-Sekani. Had the federal government done even basic due diligence, this would have become apparent and negotiations with the proper people would have initially taken place. Unfortunately there still seems to exist the assumption among non-aboriginal interests that First Nations don’t really have ownership rights, or if they do, these can be ignored.
The result is that DFO now has to limit its operations for the year as it can’t use the building in question. Further it is necessary that DFO and the federal government reach a settlement with the owner.
It doesn’t do any good for DFO to complain and blame the owner for the loss of productivity as this was a result of their own mistake.
The lesson from all of this is for First Nations people be diligent in monitoring their property and rights and to act decisively in asserting them.
