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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
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.
A Referral Application is 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.
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.
*Please review the Westbank First Nation Crown Lands Referral Directive and Archaeology Directive prior to submitting an Application
Completed Referral Applications can be submitted online to our Referrals Officer and requires the following:
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 its 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:
Additionally, WFN requires the following studies with respect to Foreshore Developments:
Submit a Referral Application