Halalt First Nation blocks road between Chemainus and Crofton

Canwest News Service and Times ColonistFebruary 26, 2010 12:02 PM

DUNCAN — Members of the Halalt First Nation have erected a blockade in front of their band office on Chemainus Road between Crofton and Chemainus as part of an ongoing dispute with the District of North Cowichan.

North Cowichan/Duncan RCMP Cpl. Kevin Day said the Halalt blocked the road Thursday afternoon by parking several vehicles across it. A provincial negotiator is on the way, Day said.
The Halalt are “peacefully protesting” the Chemainus Wells project, said Tyler George, a Halalt Tribe councillor.

North Cowichan began construction on a new well after being told by the Vancouver Island Health Authority to fix ongoing issues related to high turbidity in the Chemainus water system — Chemainus residents currently use surface water and for years have endured murky and potentially unsafe water after heavy rainfalls.

But the Halalt First Nation has long had serious concerns regarding the environmental impacts of the $6.5-million project, which will pump water from the Chemainus River aquifer.

The Halalt argue they have been working to restore the Chemainus River salmon stocks, and since the river is on their traditional territory, they should have been a partner in the project.

Work on the project is slated to be finished by April or May. The Halalt band launched legal action against the municipality last year, but court delays have pushed back the hearings until about the same time.

The Halalt blockade is a last resort, George said, adding the group plans to be there “indefinitely.”

“We feel like our rights have been eroded in terms of access to clean, fresh water,” George said. “We feel we need to make a stand because this could be a precedent-setting move if lower forms of government such as municipalities are allowed to tap into anyone’s aquifer at any time.”

While the road is blocked, police recommend motorists use the Herd Road intersection to access Crofton and Henry Road to access Chemainus. Even though the Halalt have blocked the road, RCMP are calling the move a “traffic disruption,” rather than a blockade.


http://www.timescolonist.com/news/Halalt+First+Nation+blocks+road+between+Chemainus+Crofton/2617952/story.html

EDITORS NOTE: Although this backgrounder is dated Nov. 2007, it is important so that we all understand this issue has been ongoing.

CHEMANIUS COURIER,
November, 2007

Halalt takes its water message to University of Victoria group

Interest in Halalt First Nation’s water issues has spilled over to Victoria.

Jack Smith made a presentation on behalf of Halalt at the University of Victoria inOctober.
He described the First Nation’s concerns, rights and responsibilities related to water, in particular the Chemainus River or “Grandpa’s River” as it is called by the people ofHalalt.
Smith capturedtheattention of a large and diverse group of academics, lawyers and community members who attended the presentation.

Smith opened by quoting from a recent speech prepared for the First Nations Summit by Halalt Chief James Thomas.

“I would like to speak to you today about something that affects every living thing on this earth. It is the most valuable commodity in the world. Gold and diamonds have little value when
compared to water,” he said.

Smith said water is heavy on the minds of Halalt people. They have watched illnesses caused by development and logging seriously harm the
Chemainus River that flows through Halalt lands, and seen the disappearance of fish and the rich plant and animal life over the last decades.

He explained Halalt’s key concern is the plan by the Municipality of North Cowichan to drill wells into the ChemainusRiver aquifer–thesameplace
whereHalalt gets itswater. “It has been a David and Goliath type struggle for us.”

Halalt sees its legal right to govern water as flowing from their traditional territorial rights. But rights are only one part of the equation, Smith explained.There are also responsibilities – to past, current and future generations, as well as non-human creatures of the region.
In Halalt’s view, meeting those responsibilities
means working with local government, industry
and neighbouring communities at the broader level of water shed management.

Smith talked about ‘Honour Our River Day organized by Halalt in September as a successful step in building bridges with neighbouring communities.
A‘Pledge to Our River’ was signed, calling
for stewardship and understanding of the river and also demanding a comprehensive watershed
management plan before any further development goes ahead.

“Everyone learned a lot that day. Young and old people learned many things about a river they once took for granted.”

Smith said Halalt also learned about the power of educating people. “We don’t have all the answers to the environmental questions. But there are
bridges being built and I hope the next time you hear about the ChemainusRiver, you will be hearing that the plan to pump water out of our aquifer has been set aside until we all know more about the river ,the aquifer and the watershed.”

The key discussion point raised was:
“How can we design or evolve institutions such as municipal governments to use the best available knowledge for decision making and address the full suite of social, cultural, environmental and economic concerns?”

The presentation was part of the POLIS Discussion Series on Ecological Governance, organized by the POLIS Project at UVic (www.polisproject.org).

Jack Smith is project manager for Halalt First Nation. He has a law degree from University of Saskatchewan, is former executive director of the
Hul’qumi’num Treaty Group, and has diverse university teaching experience.