University of Victoria puts land claim mapping in spotlight; Sophisticated technology can help plot overlapping boundaries

Pemberton, Kim.The Vancouver Sun; Vancouver, B.C. [Vancouver, B.C]12 Aug 2014: A.6.

Native communities across Canada are mapping their lands, a step that is vital in land claim negotiations since many First Nations are running into problems of territorial overlap.

But at the University of Victoria, researchers have developed sophisticated mapping technologies to try to help clearly show land and resource boundaries as well as shared lands.

The university will be hosting a four-day workshop, starting Aug. 25, to share its mapping research with 100 native representatives from across Canada.

"Overlapping claims and shared territories is always going to be a challenge," said B.C. Treaty Commissioner Sophie Pierre.

"Historically, ever since humans got on earth there are areas that people use collectively. This business of putting lines on maps will be tough. That's really a European process. There really needs to be a traditional approach to how we share lands."

The Okanagan Nation Alliance, which is made up of seven Okanagan aboriginal communities, last Friday initiated the first lawsuit against a neighbouring First Nation regarding an overlapping land claim.

Chief Stewart Phillip said the ONA has had a long-standing relationship with the Ktunaxa Nation Council, but it had no choice but to take their disagreement over the land to court. The provincial government recently signed an agreement to transfer approximately 241 hectares of land, near Nakusp, to the Ktunaxa Nation as part of an early transfer of land under a treaty process with them.

"If you're living next door and your neighbour is constantly talking about their plans to develop their property and you listen for decades then suddenly there's a bulldozer ripping through your back fence you're going to react darn fast. It's like that," said Phillip.

"It matters when there is an encroachment of your territory. It becomes very real in an instant."

He believes 100 per cent of B.C. First Nations close to a resolution in the BC Treaty process have encroached on neighbouring native lands and are claiming exclusive jurisdiction to the land when they shouldn't be.

University of Victoria anthropology assistant professor Brian Thom, who is co-organizing the upcoming mapping workshop, said there's no easy answer.

"It's the nature of aboriginal laws you'll have these areas where more than one have access and aboriginal communities have to recognize and respect each other's rights. The mapping helps to start to recognize their various relationships to these shared places," he said.

Thom said government is demanding First Nations show exclusive use to the land, but a category of "shared exclusive lands" makes more sense.

"Unfortunately, the government shows up and basically says if you don't have exclusivity then you don't have anything at all (and a treaty agreement can't be done.)" He said the workshop will look at the experiences of the 100 different aboriginal communities to share best practices. Staff from Google Earth Outreach will also be explaining the tools they use for Google Earth.

kpemberton@vancouversun.com

Credit: Kim Pemberton; Vancouver Sun