Rafter 25 Ranch west of Williams Lake is one of the properties affected by a 2014 court decision transferring title to a vast area of of the region to Tsilhqot’in Nation. (Rafter 25 Ranch)

Rafter 25 Ranch west of Williams Lake is one of the properties affected by a 2014 court decision transferring title to a vast area of of the region to Tsilhqot’in Nation. (Rafter 25 Ranch)

Cariboo ranchers, lodge operators say Indigenous land title shuts them out

Tsilhqot’in jurisdiction affects grazing, access to private property

It has been six years since the Tsilhqot’in Nation won title to more than 1,700 square kilometres of land in the Chilcotin Plateau west of Williams Lake, and the expiry of temporary access agreements for long-established ranch and resort operators has left them wondering if they can continue.

Felix Schellenberg has run Rafter 25 Ranch for 41 years, now an organic beef producer that has expanded to include a popular butcher shop in Vancouver called Pasture to Plate Natural Products. He says the May 31 expiry of “bridging agreements” with the province and Ottawa since the landmark 2014 Supreme Court of Canada award of title to the Tsilhqot’in, Xeni Gwet’in and member bands jeopardizes the future of his operation and others in the region.

“People are feeling very insecure and rightly so,” Schellenberg said in an interview June 2. “One ranch down Tatla Lake Valley were told by the Nemiah Band not to turn their cattle out. Some of the lodge owners on Chilko Lake are refused access over first nations land onto their deeded land.”

Cattle grazing on Crown land has been a fundamental part of ranching in the region for more than a century. Schellenberg and owners of nearby Chilko Ranch, Newton Ranch and Tatla Lake Ranch have repeatedly written to federal Crown-Indigenous Relations Minister Carolyn Bennett, calling for a say in implementation of the territorial transfer, along with the West Chilcotin Tourism Association representing lodge and tourism operators. They say they support Indigenous title but the process has been kept secret from them, similar to federal-provincial-aboriginal discussions for the Wet’suwet’en territory in northwest B.C. and caribou habitat protection areas over large areas of northeast B.C.

“Over 50 per cent of our ranching operations depend on Crown land,” Schellenberg said. “During the summer for about six months we graze our cattle on Crown land, and we have licences for that and we pay our grazing fees. Now at least the Crown land is on the negotiating table, and some of the private land, I don’t know if it is as well, because there is total secrecy around the whole thing.”

Premier John Horgan said June 3 he is aware of the concerns of property owners and Indigenous Relations Minister Scott Fraser and Forests Minister Doug Donaldson are “working through that. We want to make sure we do that in the best interests of everybody, the Tsilhqot’in, the local land owners and of course the broader community.”

The Indigenous relations ministry also issued a statement to Black Press June 3.

“There were 10 grazing permits issued under the terms of the grazing bridging agreement that expired on Dec. 31, 2019,” the ministry said. “Following communication with tenure holders, there is one grazing licence that will continue for 2020 with an amended area. There are also two grazing licences that continue unchanged.

“The expiry of the bridging agreements on May 31, 2020 also affected park use permits. The province is in consultation with the Xeni Gwet’in and the Tsilhqot’in about continuing the park use permits in the title lands, and will be reaching out to park use permit holders about the status of their permits. Other than the park use permits and the one grazing licence, no tenures have been altered or reduced. The fee structure for permit holders has not changed.”

Some resort operators have asked to be bought out so they can leave the region. Those talks have continued with the B.C. ministries of Indigenous relations and forests, which announced the latest working session with the Xeni Gwet’in First Nations Government had taken place May 29. Xeni Gwet’in Chief Jimmy Lulua says property owners in the region need to accept that the territory is now owned by them.

“Xeni Gwet’in has made huge sacrifices over the past five years to try and make sure that the declaration of aboriginal title did not disrupt people’s livelihoods, or access to parks and campsites,” Lulua said in the B.C. government statement June 1.

Lulua told the Williams Lake Tribune at the end of February that his council has been working on potential buyouts, after taking over roads and permitting for water, wildlife, fishing and access from the province.

RELATED: Lodge owner in title area wants to be bought out for fair price

RELATED: B.C., Xeni Gwet’in in talks on long-term management of lands

“There are guidelines on how they get bought out and there are things that are being argued here that are understandable from them and from us,” Lulua said. “We are willing to buy any of these properties, but at the end of the day, they are asking for hardship dollars and we don’t pay hardship dollars.”

The transfer of Crown land has come with $55 million from Ottawa for Tsilhqot’in capacity building and transition.

One of the lodge owners is Brian McCutcheon, who operates ROAM Adventures Inc. at Bear Camp on Chilko Lake. He sees little hope for his business under the title transfer, and has asked Xeni Gwet’in for written authority to grant fisheries and other permits.

“It gives federal fisheries, fisheries buildings and even enforcement and control of a federal waterway to the Xeni Gwet’in under the auspices of a tri-partite agreement,” McCutcheon said. “This third party agreement effectively expropriates our ability to do business in the Chilko Lake region. Two thirds of the businesses and ranches will be terminated with no explanation or compensation.”

The ministry statement said “the province is not aware of any cases where landowner access to private lands has been an issue.”


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislatureIndigenous

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Williams Lake Lions Club members will be hosting a battery recycling drive on Earth Day, April 22 at the corner of Oliver Street and Third Avenue from 2 to 5 p.m. (Photo submitted)
Williams Lake Lions Club hosting recycle battery event on Earth Day

Keeping heavy metals out of landfills reason enough to think differently about recycling batteries

A two-hectare fire is burning between Canim Lake and Hawkins Lake. (Photo submitted).
Firefighters battling two-hectare blaze near Hawkins Lake

Black smoke can be seen in Forest Grove.

Brette Kerley and Pyper Alexander, who both played their early minor hockey careers in Williams Lake and are now players for the Prince George-based Northern Capitals, will both be continuing their careers next season as post-secondary players. (Photo submitted)
Alexander, Kerley, looking forward to university hockey careers

Brette Kerley, Pyper Alexander excited about move on to next level in hockey careers

Williams Lake resident Richard Norman (front) is thankful for the recent addition of a motorized grocery cart at Save-On-Foods allowing him and other low-mobility residents to more freely get around the store. Pictured from Save-On-Foods are store manager Mark Moyes (back from left) and assistant store managers Harrison Rose and Matt Sidor. (Greg Sabatino photo - Williams Lake Tribune)
Resident thankful for another low-mobility shopping option in lakecity

Save-On-Foods adds motorized grocery cart for shoppers’ use

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood, this includes protecting one’s home by moving equipment and other assets from these areas to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-normal spring flood season

High-streamflow advisory issued for the Cariboo Region and areas including Williams Lake, Quesnel and Prince George

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

Vancouver-based Doubleview Gold Corp. is developing claims in an area north of Telegraph Creek that occupies an important place in Tahltan oral histories, said Chad Norman Day, president of the Tahltan Central Government. (THE CANADIAN PRESS/HO)
B.C. Indigenous nation opposes mineral exploration in culturally sensitive area

There’s “no way” the Tahltan would ever support a mine there, says Chad Norman Day, president of its central government

Stz’uminus Elder George Harris, Ladysmith Mayor Aaron Stone, and Stz’uminus Chief Roxanne Harris opened the ceremony. (Cole Schisler photo)
Symbolic red dresses rehung along B.C. highway after vandals tore them down

Leaders from Stz’uminus First Nation and the Town of Ladysmith hung new dresses on Sat. April 17

A Western toadlet crosses the centre line of Elk View Road in Chilliwack on Aug. 26, 2010. A tunnel underneath the road has since been installed to help them migrate cross the road. Saturday, April 24 is Save the Frogs Day. (Jenna Hauck/ Progress File)
Unofficial holidays: Here’s what people are celebrating for the week of April 18 to 24

Save the Frogs Day, Love Your Thighs Day and Scream Day are all coming up this week

Local carpenter Tyler Bohn embarked on a quest to create the East Sooke Treehouse, after seeing people build similar structures on a Discovery Channel show. (East Sooke Treehouse Facebook photo)
PHOTOS: B.C. carpenter builds fort inspired by TV’s ‘Treehouse Masters’

The whimsical structure features a wooden walking path, a loft, kitchen – and is now listed on Airbnb

The Attorney General’s Ministry says certain disputes may now be resolved through either a tribunal or the court system, pending its appeal of a B.C. Supreme Court decision that reduced the tribunal’s jurisdiction. (AP Photo/Mark J. Terrill)
Court of Appeal grants partial stay in ruling on B.C. auto injuries

B.C. trial lawyers challenged legislation brought in to cap minor injury awards and move smaller court disputes to the Civil Resolution Tribunal

An Extinction Rebellion Vancouver Island (XRVI) climate change event in 2019 saw a large crowd occupy the Johnson Street bridge. Black Press File Photo
‘In grief for our dying world’: B.C. climate activists embark on 4-day protest

Demonstrators will walk through Vancouver for the first two days before boarding a ferry Sunday morning

Most Read