History of Canadian Indian Reserves

In Hul'qumi'num territory, Indian Reserves were created during the 1860s and 1870s and were subject to similar pressures from white settlers and to the whims of the colonial authorities. While it is beyond the scope of this report to provide a detailed history of the creation of Indian Reserves in Hul'qumi'num territory, a few examples will illustrate the way in which the creation of reserves were contingent on settler interests. In several instances, reserves were created and later confiscated and given to white settlers. For example, the first reserves in Hul'qumi'num territory were established in October 1863 when Douglas authorized the setting aside of several small islands at the mouth of the Chemainus River and the land surrounding the houses of the “Upper Settlement” as Indian Reserves for the Halalt. In 1867, these islands were confiscated and given to a white settler named Mainguy; the Halalt families whose lands were thus confiscated were then “confirmed in their possession” of a 100-acre parcel on the Chemainus (the location of the present day Halalt No. 2) (Arnett 1999, 312). In the end, the Halalt reserve on Willy Island was also confirmed.

The history of the creation of the Lake Cowichan Reserve illustrates the extent to which First nation Land interests were poorly protected and secondary to the primary objective of providing land for colonists. According to the historical record documented by Isaac (1997), several reserves were set aside for members of the Lake Cowichan First Nation but much of this land was later given to white settlers. Isaac (1997) notes that in 1863 the Cowichan Lake Indians were allotted a reserve of 800 acres (324 hectares), an area within which the present Cowichan Lake Indian reserve lies. A separate reserve, of 320 acres (129.5 hectares), located at the west end of Cowichan Lake was identified in a government report from 1873 (“Return of Government Reserves”). The historical record indicates that a third reserve, of 175 acres (70.8 hectares), was allotted to the Cowichan Lake Indians in 1887 by Indian Commissioner Peter O’Reilly.

The fate of the 320- and 175-acre Lake Cowichan reserves is unclear, except that they were never confirmed as Indian Reserves. A fuller, if incomplete, history of the 800-acre reserve is provided by Isaac. She describes how, in 1885, several white settlers, a Captain McCallum and a Mr. Charles Morrow, each pre-empted 160 acres of land within the 800-acres reserve. In 1887, Indian Reserve Commissioner O’Reilly visited the area and, in a report to his superiors in Ottawa, described the “unsatisfactory state” of this reserve. He noted that the white settlers had pre-empted land on which two Indian families (described as “Sam’s and Charley’s” families) had been living, and that “Mr. Morrow admitted that there were Indian houses on the land when he pre-empted it in 1885.” Furthermore, M. Morrow later reported that Captain McCallum tried to convince him to kill the Indians at Cowichan Lake in order to solve the problem.

The Dominion government tried to have the pre-empted land returned to the reserve, but this was unsuccessful. The pre-empted land was subsequently sold to a Mr. Green, who worked out a settlement with the Dominion government whereby he would convey 107.5 acres of the land to the Crown, clear a two-acre parcel, build a house for “Indian Charley” and pay the Indian agent $25 by way of compensation to settle the Indian interests in the land. The historical record indicates that the terms of this agreement were not complied with, in particular the house for “Indian Charley” was not built within the time frame agreed to in the agreement (Isaac 1997). The 107.5-acre parcel became the current day Lake Cowichan Indian Reserve, only a small fraction of the total land originally allotted at Lake Cowichan for Indian Reserves.

Such disputes and conflict over the allocation of Indian Reserves were common throughout Hul’qumi’num territory. The Cowichan reserves were officially surveyed in 1867 but disputes continued. By 1871, when British Columbia entered Canada, only 2,675 acres in the Cowichan Valley and 269 acres in the Chemainus Valley had been allocated to reserves (Arnett 1999, 313). Sproat, in his role as Indian Land Commissioner, visited Hul’qumi’num territory in 1877 to deal with a variety of land issues, including the allocation of reserves. A review of Sproat’s reports provides a picture (from a colonial perspective) of the kind of conflicts between settlers and Hul’qumi’num during this time and the process whereby reserves were mapped out and created. It also gives insight into the white perspective towards First Nations peoples, from what Harris (2002) describes as a generally sympathetic representative of Vancouver Island colonial society.

Sproat’s report of January 14, 1877 describes his visit to Chemainus (Kulleet) Bay and Oyster Bay (Ladysmith Harbour). He conducted a population count, noting that there were a total of 114 “Chemainus Indians” living in Chemainus Bay and 153 “Lick-a-mun Indians” [Sicameen] living in Oyster Bay. He notes that, apart from a small fishing station reserve on the Chemainus River (Say-la-quas No. 10), there were no reserves in the area. Despite this, he remarked that it “is remarkable how well both Indians and whites have behaved under these circumstances.” When it came to establishing reserves in the area, Sproat reports that the Chemainus had “marked trees to show us the area which they thought they should have.” This area included the whole area between Chemainus Bay and Oyster Harbour. Sproat thought that this area was too large, noting that “this area did not seem to be required, and its being made a reserve would have interfered with white settlers who had made improvements.” Sproat marked out a reserve of about 1800 acres to be shared by residents of the two villages, and reported being able to “satisfy these Indians without handing over the whole peninsula to them, or largely disturbing white settlers who had worked upon the ground.”

In the same report, Sproat described his efforts to resolve a land conflict between the ‘Sicameen’ (i.e., Chemainus living at thek'min) and several white settlers. The settlers had occupied an old village site at the head of Oyster Harbour (the present site of the HTG office). Sproat informed the settlers that they had to abandon the site and proceeded to map out a reserve on this spot: “A reserve was then laid out of about 300 acres on the west side of the head of Oyster Harbour to include the old village site and formerly cultivated grounds of the Lick-a-mun tribe, and also a little salmon stream which flows into a tiny bay on the west side of the harbour.” Sproat acknowledged that the lands included in these reserves was not good enough to induce white settlers to make farms “but a number of patches suitable for tillage by Indians may be found. Nearly the whole peninsula is wooded, and much of it is ridgy. A large part of the soil is a thin vegetable covering over a {cold} stiff clay, called ‘hardpan’ by white settlers, which is said to give out after the first crop.”

With respect to the Chemainus fishing reserve on the Chemainus River, Sproat reports that a white settler (a Mr. Thomas) whose farm “surrounds it on three sides, and who, as an industrious and valuable settler, is entitled to consideration” visited him to request that the reserve be added to his farm. Mr. Thomas noted that the reserve lay between his farm and the river, and as such it prevented his young stock from reaching the river to drink water at the most convenient spot for them. He also argued that the “Indians only came there for but a short time every year, and that they did not cultivate the reserve though the soil was good and clear of trees.” Furthermore, Mr. Thomas argued that the area was not a declared reserve. Sproat informed Mr. Thomas that the reserve had indeed been gazetted (in 1867) and that he would be “unable to meet his wishes that the reserve be cut off.”

In his report of February 15, 1877 Sproat described his visit to Kuper Island and his dealings with the “Pa-nel-a-kuts tribe” (i.e., Penelakut) and sub-tribes. He reports a total population of 239, with 194 Penelakut, 28 from the “Ga-kwa-lass sub-tribe” (Yexwelótes) and 17 from the “Kivil-la-malth-sa sub-tribe” (Lamalchi). Sproat notes that the Lamalchi was a strong tribe 12 or 15 years ago, with a record against it of many murders and depredations. They attacked her Majesty’s gunboat [“Boxer”] which had run aground, and shot a seaman. For this outrage their village was bombarded, and the Chief and three other Indians hanged. The smallpox afterward got amongst them, and three men only of the whole tribe are now living.

Sproat reports that there were no reserves on Kuper Island at that time and that there was only one white settler on the Island, a Mr. Conn who had a 100-acre parcel on the southwest coast (at the site of the former village of Lamalcha). He notes that the Penelakut have a fishing station reserve on the Chemainus River (the present-day community of Tsussie).

Most of his report of February 15, 1877 deals with a conflict related to the reserve on the Chemainus River. Sproat reports that “several of the tribes had seized and occupied the lands of white men” with the Penelakut being the “chief offenders.” Sproat did not have much sympathy for the Penelakut in this case, since they “practically enjoyed nearly the whole of Kuper Island; they were comfortably off, and they had the fishing station reserve on the Chemainus river which had been provided for them by the Colonial Government.” Sproat threatened to withhold “the allotment of further reserves” unless the Penelakut abandoned their claims to the disputed lands. The visit of the gunboat H.M.S. Rocket no doubt also helped finally to convince the Penelakut to “do what was right.” After much discussion, the Penelakut relented. Sproat noted that he had “great pull” on the Penelakut as they had no legal reserve except the small fishing reserve. Sproat reports that after they “had removed their houses and fences [from the disputed lands], the Commissioners…called the Pa-nel-a-kuts together, and assigned for their reserve the whole of Kuper Island, with the exception of Mr. Conn’s farm of 100 acres.” Sproat did not have a very favourable view of the land allocated to the reserve, noting that “there are not more than two or three places on the Island suitable for the farms of white settlers.” Sproat also allotted Tent Island as a reserve for the Penelakut, which he described as “a small wasted unfertile island.”

Sproat spent close to a month in the Cowichan area, from January 19 to February 17 in 1877, dealing with a variety of land issues. He estimated the total population of the Cowichan as “800 or 900 souls” and noted that they had suffered under “a strange system of mismanagement” of their reserve lands. He described how the reserves lands originally allocated to them by Governor Douglas had “been from time to time cut down by successive Governors…in such wise that great dissatisfaction had arisen and all confidence in the sincerity of the Government seemed to have been destroyed.” Upon hearing that a strong party of the Cowichan were intent on pressing him to restore the lost lands, Sproat was quick to reply that "no interference with the vested interests of the white settlers could be permitted – these having purchased their land in good faith, having made their improvements, and whose money had gone, with other moneys, to make the roads and build the bridges, by which the whole community had benefited, and the value of all the adjacent land, whether held by whites or Indians, enormously enhanced."

Sproat reported the creation of new reserve lands for the Cowichan, including “a considerable area of good, though rocky, pasture land along the Cowitchan Bay” and several fishing stations on the upper part of the river. He also turned down a number of Cowichan requests for specific parcels of land to be added to their reserve. One case concerned a white settler named Munro who had been allotted 200 acres near Somena which “cuts directly into the General Reserve.” Understanding that the “Indians hankered much after this place” Munro offered to sell the land to the government which could turn it over to the Cowichan. However, on finding out that a Somena man named “Sui-a-meetza” had already fenced and occupied the parcel against the orders of provincial authorities, Sproat declined to purchase the land and turn it over to the Cowichan as he considered that this would act as “a direct encouragement to future acts of a similar nature.” Sproat also refused a request by Chiefs from the village of Clem Clem to secure for them a 100-acre parcel of land held by a white settler named Dods. Sproat offered them half of this parcel (50 acres), but the Chiefs insisted on the whole piece and, as a result, the matter was not concluded.

Finally, Sproat refused a request by the Quamichan to make a reserve at Maple Bay and a separate request by “an Indian known as Captain Verygood” to establish a reserve on Saltspring Island. He reports that “these small detached places occupied by one or two Indians are inconvenient, and have only been included in the reserves by the Commissioners in very special cases.” At the end of his stay at Cowichan, Sproat concluded that he had “dealt liberally with the Indians, by assigning them such unoccupied lands contiguous or adjacent to the Reserves as seemed desirable – in all having increased the curtailed Reserves so as to make the area somewhat more than the original dimensions.” No doubt the Cowichan were somewhat less satisfied with Sproat’s efforts to deal with their land concerns.

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