Okanagan Indian Band Seeks Water Protection

Wednesday, March 17, 2010
When we joined members of the Okanagan Band, Okanagan Nation Alliance, and chief and council of numerous other First Nations at the Browns Creek watershed protest in February, we had a lot to learn. The Okanagan band had been fighting since the 1890’s to have band lands returned. But what caught my attention most on this visit were the heart-wrenching tales of the logging induced collapse of fisheries in their drinking watershed, fisheries that once supplied the band with abundant food. After spending days bumping around in 4x4 trucks back and forth on the one-hour journey from the Okanagan Band office to the protest site high in the logged-out mountains, I heard many shocking stories from band elders about the decline of fisheries in the many streams that encompass this second largest watershed in the Okanagan region known locally as the Browns Creek watershed. I repeatedly drove past areas where elders pointed to former streams, now vanished, where as youth they would fish for big rainbow trout. Over and over, we got out of the truck and walked to a stream bank; the elders pointed to where they once landed trout; now there was barely any evidence that the streams once flowed. There was no water, and nothing but a scoured out wrecked streambed. The cause of the stream destruction is primarily logging. Flooding and sedimentation caused by excessive logging caused mud and debris flows that virtually destroyed many stream segments in the Brown’s Creek watershed. Often when I hear accounts of fisheries exploits I can at least imagine what fun it must have been and visualize big trout flopping on the stream-bank. Here however, the stream damage was so complete I could not even re-live the memory. Further down-stream we walked along creeks that had been Kokanee spawning grounds but had since been “straightened” to reduce flooding. The Kokanee never returned. The Brown’s Creek watershed could have been managed wisely with a balance of sensitive harvesting and protection. Instead, the land was treated with disrespect. The watershed needs a break, so it can heal. Streams must be repaired and fisheries re-introduced. The reclamation will take a lot of time and work and could provide employment for many. Governments that approved the over-logging must fund the restoration work. Perhaps one day, the streams of the Brown’s Creek watershed will heal, and title negotiations will succeed and result in First Nations jurisdiction and wise land-use. Many appreciate what the Okanagan Band is doing. At the protest site we were joined by band members and chiefs and councils from many First Nations. Others like the Council of Canadians, bands from as far away as Ontario, and the Union of BC Indian Chiefs joined the Okanagan Band in solidarity. The Supreme Court issued a bizarre ruling when Tolko asked it to approve an order to arrest protesters. The court judge said that the logging company, Tolko, could call in the RCMP to arrest band members. But at the same time the court judge told Tolko that if they exercised their right to arrest, then the court would intervene to prevent it. It was almost as if the court was saying “shame on you Tolko for forcing us to rule on your immoral logging plan while the band is engaged with government in title negotiations. Technically we can’t stop you, but we are going to try our best to do just that”. Tolko did try to get the RCMP to enforce the court order but the RCMP had already appointed an aboriginal mediator to attempt to reconcile. No arrests would happen until the mediation was complete and then only if resolution was not achieved. In the meantime, warm weather came, melting the snow and preventing logging until spring. Now the Okanagan band has demanded that the federal and provincial government do their job and intervene to protect the Brown Creek Watershed and conclude title talks, or order the RCMP to arrest all 1800 band members. This dramatic gesture captured government attention and meetings with government are now being fast-tracked. But to what result? Our hearts are with the Okanagan Band in their heroic attempt to protect the land and water, and to successfully conclude their 120 year long land rights negotiations with government. We will return to the protest site when called upon. Andy Miller | Staff Scientist Wilderness Committee
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