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Your Government

Home / Your Government / Intergovernmental Affairs

Intergovernmental Affairs

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Intergovernmental Affairs (IGA) is responsible for relations with other governments (Indigenous and non-Indigenous), including treaty negotiations and self-government implementation. IGA maintains contacts with other First Nations across Canada and is involved with First Nation political organizations both regionally and nationally.

The IGA department controls Title and Rights processes, Archaeology requirements and Referral Application Process.

Title and Rights

Affirmed Right to our Territory

The syilx (Okanagan) People hold Title and Rights throughout syilx Territory. Lands that are recognized and affirmed by section 35 of the Constitution Act, 1982, and have never been ceded, surrendered or relinquished by the syilx People.

The syilx People exercise rights recognized by Bill 41 of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) passed by the Province of British Columbia. Article 32.2 of UNDRIP, “the States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representation institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands and territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.”

Archaeology

The WFN Archaeology Office combines the study of the past with current syilx society to help build syilx Title and Rights across the WFN Area of Responsibility. WFN conducts archaeological research through the syilx perspective; in consideration of syilx language, creation stories and beliefs. The main goals of archaeology include reconstruction of the long sequences of human culture, reconstruction of past life ways, studying cultural process and understanding how the archaeological record is formed.

Archaeology Terminology:

  • Archaeology refers to the sub-discipline of anthropology involving the study of the human past through its material remains in relation to the people and their culture
  • An Archaeological Resource refers to an Archaeological Site, Archaeological Artifacts, Archaeological Features, Ancestral Remains, Burial Site, or Cultural Heritage Material.
  • An Archaeological Site refers to a geographical location where Archaeological Artifacts or Archaeological Features may be located.
  • Activity refers to any legislation, regulation, policy, procedure, plan, tenure, grant, license, permit, restriction, amendment, approval, authorization, transfer, transaction, operation, development, ground alteration or other action or proposed action which may have an impact on an Archaeological Resource.
  • An Archaeological Artifact refers to any portable, physical evidence used, made or modified by humans, including tools, beads, and pottery.
  • Archaeological Feature refers to any non-portable element of an Archaeological Site, including but not limited to cultural depressions, roasting platforms, and culturally modified trees.
  • An Archaeological Impact Assessment refers to a comprehensive archaeological study, involving full scale archaeological excavation
  • An Archaeological Overview Assessment refers to an office review of all relevant documents related to the proposed Activity to determine the potential impact on Archaeological Resources within the proposed Activity area.

 

ON-RESERVE ARCHAEOLOGY DIRECTIVE

ARCHAEOLOGY DIRECTIVE

Consultation and Accommodation

WFN has always maintained and clearly stated to the Crown and third parties that it has, as part of the Okanagan Nation, Aboriginal Title in the syilx Territory and has identified a WFN Area of Responsibility for activities carried on therein. It is not acceptable, either morally or legally, to ignore the rights of Indigenous people, including Aboriginal Title. There must be meaningful consultation and accommodation of WFN’s interests, and honourable and good faith efforts by the Crown to obtain WFN’s consent. These efforts should be consistent with the Court’s principles in the Tsilhqot’in decision before the Crown reviews any application regarding use of the subject lands.
Where Aboriginal Title has been established, governments must obtain the consent of the title-holder before using or granting interests in the lands.

Tsilhqot'in Nation v. British Columbia

Referral Directive Process

Westbank has established a Referral Application process when dealing with proposed Crown grants of interests within the Area of Responsibility. Until WFN’s Aboriginal rights including Aboriginal title can be accommodated, any interest or rights granted in relation to this referral represent an infringement of Aboriginal title by the Crown or third parties.

What is a Referral Application?

  • a written request received from an Applicant under the Westbank First Nation Crown Lands Referral Directive regarding an Activity within the Westbank Area of Responsibility, and includes a notice or referral from the Crown regarding a proposed Activity within the Westbank Area of Responsibility.

Why do Referral Applications need to be submitted?

  • Westbank has jurisdiction over Westbank Lands pursuant to the Westbank First Nation Self-Government Agreement. WFN shares in the responsibility to take care of the syilx Territory and, in accordance with the syilx Decision-Making Protocol, Westbank is the caretaker of the lands in and about the area depicted as the Westbank Area of Responsibility, providing them the right to assess all Applications that may have an impact on the syilx Title and Rights of Westbank or the syilx Peoples.

How to submit a Referral Applications:

  • Completed Referral Applications can be submitted online to our Referrals Officer. 
  • A completed Referral Application requires the following:
  1. Name, telephone number and address of the Applicant 
  2. The location of the land where the Activity will occur
  3. clearly drawn or reproduced referenced maps of the area where the Activity will occur 
  4. A complete description of the Activity including work plan and a description of the land and resources involved 
  5. A description of the current and anticipated value of the Activity
  6. All reports, studies, assessments and background information relating to the Activity including any with respect to archaeology, ethnography, traditional use, or the environment
  7. The commencement date and period of time during which the Activity will take place
  8. What steps have been taken to determine the impact on syilx Title and Rights in the area where the Activity will take place
  9. Information as to the anticipated social and economic benefits for Westbank
  10. Where the Third Party has sought approval from the Crown to carry out an Activity, a copy of the documents submitted to the Crown

  • Please review the Westbank First Nation Crown Lands Referral Directive prior to submitting an Application.
  • Please review the Archaeology Directive prior to submitting an Application.
  • The Province will submit a Referral Package to WFN containing all required packages for review and decision making. Please refer to the Crown Land Uses website, to determine documentation requirements. WFN, at is discretion, may request additional studies upon review to determine the impacts to our Title and Rights. (See Crown Lands Referral Directive). 
  • Foreshore Developments fall within the Provincial guidelines and these requirements need to be met and included in the Referral Package. Please refer to their Provincial Website. 

Provincial Requirements when submitting a Foreshore Developments Referral Package include:

  1. Land Act approval for Crown Land
  2. Water Sustainability Act s.11 approval: inclusive of invasive species and mussels;

a. Approval is only valid for 2 years;
b. Application approval could take 6-12 months.
3. Wind Wave Sedimentation Study

Additionally, WFN requires the following studies with respect to Foreshore Developments:
1. Water Impact Study (no more than 6 months old).
2. Construction Environmental Management Plan: Plan must include the final and full document, inclusive of address location, project descriptions, legislations, etc. 
3. Water Sustainability Act: section 11 Report.
4. Environmental Management Plan: developed in support of a Water Sustainability Act (section 11 approval – noted above).
5. Moorage Operating Plan: Identifying who is responsible for writing, updating, monitoring and  enforcing compliance.
6. Best Management Practices for Foreshore Development.
7. Environmental Protection and Sustainability Aquatic Invasive Species Study (zebra, quagga mussels, etc.).

CONTACT THE ARCHAEOLOGY DEPARTMENT AT archstaff@wfn.ca 

SUBMIT A REFERRAL APPLICATION HERE

Submit a Referral Application 

 

Maps
Maps
Self-Government Agreement

Self-Government Agreement

Summary of Self-Government Agreement

Delegation Request
DELEGATION REQUEST FORM

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