E/CN.4/1990/46
page 9
10 provinces and two territories. Within the Canadian Confederation,
legislative powers are exercised by the Parliament of Canada and by
provincial legislatures according to the distribution of legislative
powers set forth in the Constitution Act, 1867 and amendments thereto.
In regard to the situation currently under consideration, it is relevant
to note that the Federal Government has jurisdiction over Indians and
land reserved for Indians (s.91(24)), and provincial governments have
jurisdiction over the management and sale of provincial lands and the
timber and wood on these lands (s.92(5)).
"The Stein Valley consists of 109,000 hectares (1,000 k m 2 ) of
wilderness located in the south-west of Canada. The valley also forms
part of the traditional territories of the Lytton and Mount Currie Indian
Bands. The Lytton Band is a member of the larger Nlaka'pamux Nation
Tribal Council.
"In November 1986, the Federal Government agreed to negotiate a
comprehensive land claim with the Nlaka'pamux National Tribal Council.
Comprehensive land claims involve the settling of claims arising from
aboriginal title and the resolution of claims disputes through
negotiation of settlement agreements.
"However, most of the land and resources within the Nlaka'pamux
claim - including all of the land and resources in the Stein Valley fall within the jurisdiction of the Province of British Columbia pursuant
to s.92(5) of the Constitution Act, 1867 (discussed above). Thus, it is
essential that the Province participate in the settlement of the
Nlaka'pamux claim. To date, the Governments of Canada and
British Columbia and the Indian groups affected have been unable to reach
agreement on the claims process. Thus, other sorts of solutions are
being considered.
"The British Columbia Wilderness Advisory Committee recommended in
1986 that logging should proceed in the Stein Valley, but that a road
should not be constructed through the valley without a formal agreement
between the Lytton Indian Band and the British Columbia Government.
Meetings between the Government and the Band were held in the spring
of 1988, with an agreement to conclude these meetings by 30 June 1988.
The Lytton Band broke off these information exchange sessions on that
date in order to continue with its own studies of the valley. The
results of these studies were presented to the Government in a meeting on
13 October 1988, and there has been continued dialogue between the
Province and the Indian Bands. The Province of British Columbia has
addressed issues of spiritual value in the area in a report entitled
Stein River Haul Road Heritage Resources Inventory and Impact
Assessment. This report was prepared in 1985 by the Ministry of
Municipal Affairs, Recreation and Culture, and updated in 1987 and 1988.
In addition, 43,000 hectares in the Stein Valley (40 per cent of the
total area) have been designated as wilderness areas under the Forest Act.
"In June 1988, the federal Native Economic Development Programme
(NEDP) approved a contribution of $189,000 to the Nlaka'pamux Tribal
Council to research and review the impact of proposed developments on the
traditional economies and practices of the Nlaka'pamux and to explore
alternative economic development options for the valley. The Tribal