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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
Angie Derickson is a proud member of Westbank First Nation and has served as a representative on the Economic Development Commission and Public Art Committee. Angie is employed with the First Nation Land Management Resource Centre (FNLMRC) as the Manager of Training, Mentorship and Professional Development where she provides land governance support for First Nations across Canada. With a strong commitment to her community, Angie has participated in many governance initiatives and implementation activities of the WFN Self-governing Agreement.
I am a WFN Elder that has worked within WFN and its entities for many years.
I began my career by owning my own trucking company for thirty years, working for WFN for 2 years and then went onto WIBCO Construction for 13 years until it was closed. I later went to work for Pine Acres Home where I remained for another 13 years until I retired.
Way’, hello,
My name is Michael Derickson, son of Kelly And Penny Derickson.
I am a father of two boys, Koda and Boone, and have been married 11 years to my wife Eden.
I have worked property maintenance for 13 years, here on IR#9. I have just started my new journey, this year, running my own company- Tomahawk Irrigation.
I take great pride and put my full attention in everything I do, which I believe always pays off in the end.
I have joined the allotment commission to get more involved with my community, and to help get our membership into housing.
Way̓, Lisa Pastro is a Westbank First Nation (WFN) member and has recently accepted the position of Indigenous Advisor for the Regional District of the Central Okanagan. She has over 15 years of governance and progressive management experience through previous roles held with WFN, Accenture Canada, and BC Hydro.
Lisa is a member commissioner on both the Economic Development Commission and Allotment Commission for WFN and is currently working to obtain her Local Government Administration diploma through Capilano University. Recently, she has also started her own consulting business where she is currently assisting a local First Nation in the Similkameen Valley develop their governance practices, specifically focusing on Human Resources and Policy Development.
Throughout her professional career, Lisa has volunteered with many different First Nation communities in the Lower Mainland: providing their members with training sessions focusing on resume building, interview skills, and leadership development. She is passionate about the power of education and the opportunities it can provide, and believes in empowering people through the provision of tools and skills to be successful both personally and professionally.
Lisa relocated to stqáʔtkʷɬniw̓t sqilxʷ/Westbank from the Lower Mainland in 2017 to be closer to her family, and continues to look for meaningful ways to engage with and support her community and surrounding First Nation communities.
Vacant (Member Seat)
Allotment Law ➤
Allotment Commission Policy ➤
Allotment eligibility and process ➤