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WFN is unique among First Nations in that it allots portions of its community-held lands to Members.
This process is administered through the Allotment Commission, who administer the allotment process in accordance with the WFN Allotment Law.
WFN Allotment Commission
History and Background of the Commission Westbank First Nation is unique among First Nations in that it allots portions of its community lands to Members. The allotting of lands is a concept that was introduced by the Federal Government though the Indian Act, section 81(1)(i), which gives Council the power to allot lands to Members. Once given an allotment a Member is awarded a Certificate of Possession. This is the highest form of land ownership that is currently available on Indian Reserves. Unfortunately, under Canadian law, First Nation people do not legally hold title to their lands, the legal title continues to be vested in her Majesty who holds the land in trust for the use and benefit of the particular band. Despite this imposed limitation surrounding First Nations land ownership, Westbank First Nation has chosen to take a proactive approach to creating opportunity for its Members through the allotting of lands to Members for housing. The first allotments made by the Westbank First Nation Council, over 30 years ago, were conducted under the authority of the Indian Act. These were often allotments of large tracts of land allotted to Members who fenced off a tract of land and made an application to Council. This practice, for the most part, laid the foundation for much of the economic development on Westbank First Nation Lands, but it was unsustainable in the long run. More recently Westbank First Nation began allotting lands to homeowners after they have successfully paid off the Canada Mortgage and Housing Corporation mortgage. Under self-government, Westbank First Nation is continuing the practice of allotting lands for housing through the Westbank First Nation Allotment Law . This law created the Allotment Commission which is tasked with the responsibility of allotting lands that have been designated for Member housing by Council. Allotment Commission What We Do The five Commissioners, who are WFN Members appointed by Council, evaluate and make decisions about allotment applications; administers the allotment of Community Lands; establish policies and procedures for the operation of the Commission; and establish programs of public information and education relating to the purpose of the Commission. The Commission works at an arm’s length from Council, and there is no formal process by which an allotment can be appealed. This autonomy assures that a level of integrity and transparency is maintained by removing the risk of political interference. The Commission has made several allotments to date and continues to explore new ways of evaluating applications to ensure a fair and transparent process that incorporates traditional Syilx values and principles. The Land is precious resource, and in today's economy the allotting of Lands is another way that Westbank First Nation is moving its Members toward self-sufficiency. Appointment eligibility and term Each Commissioner will hold office for a term of three years. A Commissioner may be re-appointed to office by Resolution of Council. To qualify for appointment, the applicant must: be a WFN Member; be at least 19 years of age; possess good character, credibility and reputation; not be a WFN staff member employed in the housing or lands department; provide a sworn declaration that they have not been convicted of an indictable criminal offence in Canada or a felony in the United States within the past 10 years, provided that conviction of an offence relating to the assertion or exercse of aboriginal rights or title shall be deemed not to be a conviction for the purposes of this process; not have been removed from office pursuant to section 27 of the Allotment Law within the past five years; not be in arrears to WFN with respect to any loans, debts or other financial obligations owed by the Member to WFN. Meetings Commission meetings are held on WFN lands. Commissioners may participate in a meeting by telephone. Subject to section 21.11 of the Allotment Law, meetings shall be open to WFN Members. The Commission may determine that a meeting be closed if the subject matter relates to or is one or more of the following: law enforcement, if it is considered the disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of law; litigation or potential litigation; the receipt of advice that is subject to solicitor/client privilege, including communications necessary for that purpose; personal information about an identifiable individual where the Commission considers that release of such information would be inappropriate; information as prohibited, or information that were presented in document would be prohibited, from disclosure under applicable law; and consideration of whether a Commission meeting should be closed under this provision. Minutes Copies of approved minutes may be obtained by Members upon payment of a reasonable copying fee, except with respect to matters in any closed part of a Commission meeting. Voting All matters before the Commission for decision shall be decided by a majority vote of the Commissioners participating in the vote. Honorariums Commissioners other than the Council representative will receive an honorarium in an amount determined by Council Any honorarium shall be set for the term of the Commissioners and cannot be changed during the term, except upon the decision of an Adjudicator.
Westbank First Nation is unique among First Nations in that it allots portions of its community lands to Members. The allotting of lands is a concept that was introduced by the Federal Government though the Indian Act, section 81(1)(i), which gives Council the power to allot lands to Members. Once given an allotment a Member is awarded a Certificate of Possession. This is the highest form of land ownership that is currently available on Indian Reserves. Unfortunately, under Canadian law, First Nation people do not legally hold title to their lands, the legal title continues to be vested in her Majesty who holds the land in trust for the use and benefit of the particular band. Despite this imposed limitation surrounding First Nations land ownership, Westbank First Nation has chosen to take a proactive approach to creating opportunity for its Members through the allotting of lands to Members for housing.
The first allotments made by the Westbank First Nation Council, over 30 years ago, were conducted under the authority of the Indian Act. These were often allotments of large tracts of land allotted to Members who fenced off a tract of land and made an application to Council. This practice, for the most part, laid the foundation for much of the economic development on Westbank First Nation Lands, but it was unsustainable in the long run.
More recently Westbank First Nation began allotting lands to homeowners after they have successfully paid off the Canada Mortgage and Housing Corporation mortgage. Under self-government, Westbank First Nation is continuing the practice of allotting lands for housing through the Westbank First Nation Allotment Law . This law created the Allotment Commission which is tasked with the responsibility of allotting lands that have been designated for Member housing by Council.
The five Commissioners, who are WFN Members appointed by Council, evaluate and make decisions about allotment applications; administers the allotment of Community Lands; establish policies and procedures for the operation of the Commission; and establish programs of public information and education relating to the purpose of the Commission.
The Commission works at an arm’s length from Council, and there is no formal process by which an allotment can be appealed. This autonomy assures that a level of integrity and transparency is maintained by removing the risk of political interference. The Commission has made several allotments to date and continues to explore new ways of evaluating applications to ensure a fair and transparent process that incorporates traditional Syilx values and principles. The Land is precious resource, and in today's economy the allotting of Lands is another way that Westbank First Nation is moving its Members toward self-sufficiency.
Each Commissioner will hold office for a term of three years. A Commissioner may be re-appointed to office by Resolution of Council.
To qualify for appointment, the applicant must:
Commission meetings are held on WFN lands.
Commissioners may participate in a meeting by telephone.
Subject to section 21.11 of the Allotment Law, meetings shall be open to WFN Members. The Commission may determine that a meeting be closed if the subject matter relates to or is one or more of the following:
Copies of approved minutes may be obtained by Members upon payment of a reasonable copying fee, except with respect to matters in any closed part of a Commission meeting.
All matters before the Commission for decision shall be decided by a majority vote of the Commissioners participating in the vote.
Commissioners other than the Council representative will receive an honorarium in an amount determined by Council
Any honorarium shall be set for the term of the Commissioners and cannot be changed during the term, except upon the decision of an Adjudicator.
Members on the Allotment Commission
Councillor Lorrie Hogaboam was first elected in 2010, finishing her term in 2013. Lorrie continues to be involved within the Community and was employed with WFN for over 16+ years, she values and is proud of her community, her culture, her roots and as a Sylix person. She believes in progression of the Community, accountability to her people while presenting and exhibiting honesty, integrity and respect.
Lenora is an active Member of the WFN community and believes her roll on the Allotment Commission allows her to continue to support her community. She also holds an Elder seat on the Economic Development Commission and has been involved in multiple WFN Hiring Committees.
She has strong knowledge of the allotment process and is always looking for new ways to support Membership and community needs.
Allotment Law ➤
Allotment Commission Policy ➤
Allotment eligibility and process ➤