Forests Minister Steve Thomson has ordered a review of B.C.’s heritage conservation law following the controversy around Grace Islet, where a private home was being built on a First Nations burial ground.
The government announced this week that it was moving to resolve the dispute by partnering with First Nations and the Nature Conservancy of Canada to buy the property near Saltspring Island. The price was not disclosed.
But while archeologists and First Nations praised the move, they warned that the government will face further conflicts unless it deals with the underlying issues.
“Even if Grace Islet is now resolved or will be resolved through such means — and again that’s great — this has nothing to help resolve other cases elsewhere,” said George Nicholas, a Simon Fraser University archeologist.
Nicholas heads the Intellectual Property Issues in Cultural Heritage team of lawyers, anthropologists, human rights specialists, and heritage scholars that recently called on Canadian governments to better protect First Nations burial grounds.
He said the Grace Islet case highlights inconsistencies in B.C. laws, where cemeteries established after 1846 are better protected than earlier burial sites, which fall under the Heritage Conservation Act.
“While the heritage act is a good document, it doesn’t cover everything,” Nicholas said. “It provides protection for archeological sites or other places of importance, but then who decides what is adequate protection?
“That’s an issue that comes up with Grace Islet where the landowner, following the rules, seeks to protect the burials by building around them. But does that constitute respect and also adequate protection?”
Thomson was unavailable for an interview on Friday, but issued a statement noting that the heritage act attempts to balance private property rights with the province’s obligation to preserve heritage sites.
“It can be challenging to achieve that balance, especially when the significance of some of these archeological sites don’t become apparent until development occurs,” Thomson said.
“That being said, and given this recent experience with Grace Islet, I have asked staff to review and look at how the Heritage Conservation Act is implemented and different policy options.”
The Grace Islet story began in 1990 when Alberta businessman Barry Slawsky bought the 0.78-acre property with the idea of building a retirement home.
In 2006, kayakers found exposed human remains on the island, and archeologists subsequently located at least 16 burial cairns there.
Slawsky began building his home in 2012 and the controversy gathered steam until the province intervened and construction halted in December.
Robert Phillips of the First Nations Summit called the government’s decision to purchase Grace Islet an important step. “But I think more steps need to be made,” he said.
“You need to involve First Nations to a greater degree.”
Phillips, a member of the First Nations working group on heritage conservation, said First Nations have been pressing government for some time to take action.
“It’s not like we’re complaining,” he said. “We’ve also been doing a lot of work in terms of providing them information, trying to engage with the government.”
