— Indian bands say talks over their involvement are at an impasse —

(OSOYOOS TIMES — October 31, 2007)

The federal government's push to create a national park in the South Okanagan-Similkameen region appears to have hit a major roadblock.
The seven Indian bands that make up the Okanagan Nation Alliance “ including the Osoyoos Indian Band “ say their talks with Parks Canada have hit an impasse and broken down.
In an Oct. 24 news release and a late-September letter to Parks Canada, the bands say they have not ruled out direct or legal action, and add, It is difficult to see how conflict can be avoided.rnIn their letter, the chiefs of the seven bands “ the Lower Similkameen, Upper Similkameen, Penticton, Westbank, Okanagan, Upper Nicola, and Osoyoos “ say they are profoundly frustrated and surprised that Parks Canada has rejected their proposal for tripartite development by the federal and provincial governments and the bands, of a First Nations Park which would recognize that the South Okanagan-Similkameen national park would occupy a large portion of the bands' historical territory.
Tom Hurd, Parks Canada's project manager for the proposed new park, says the agency has made considerable effort to involve First Nations in the initiative. Since July 2006 we have been trying in good faith to establish a role for them, Hurd says.
But, he adds, Parks Canada has no mandate to consider the establishment of a First Nations Park with aboriginal title.rnAt the same time, though, Parks Canada can consider First Nations involvement in co-operative management of a park, Hurd notes.
He says the national parks agency is disappointed with the impasse, and it hopes to begin discussions with the Indian bands within a few days to chart a more positive course forward.rnWe're treating this matter as very serious and hope to begin talks in the coming days, Hurd says.
The Parks Canada official notes that the proposed new national park does not include any land that is in any current Indian reserves. But he adds that the parks agency has been calling the proposed new park a national park reserve as an interim name, to recognize any possible future consideration of aboriginal rights or title to any of the land.
The seven band chiefs tell Parks Canada they feel the federal and provincial governments have thrown obstacles in the way of First Nations involvement in development of the park.
Penticton band Grand Chief Stewart Phillip says, Parks Canada cannot legally create a National Park Reserve under its current legislation, and still meet its legal obligations to First Nations. The outstanding title and rights issues must be adequately addressed and resolved ¦rnThe chiefs say the federal and provincial representatives made it clear at a September meeting that the governments will not agree to a tripartite steering committee or consider a First Nations Park.rnThe chiefs say the impasse means it appears there can't be agreement among the groups at this time. They say the federal and provincial officials don't understand the nature and import of the proposed park for our nation and communities ¦ For us, this is not a decision about creating a park “ it is a decision about the future of our way of life, and our inheritance and responsibilities to our ancestors and to future generations.rnThey propose that the government fund a feasibility study, to be conducted by the four most-affected bands, into all the issues affecting First Nations as a result of the national park proposal. Such a study would provide detailed information Canada and British Columbia need to be properly informed of regarding impacts to our title, rights and interests by the decision contemplated.
Hurd says it is possible that funding could be provided for such a study by the bands.