Environment Minister Steve Thomson’s statement explaining his decision to issue the heritage-site alteration permit at Grace Islet (“The search for balance at Grace Islet,” Times Colonist, July 23) under the pretence of striking a “balance” between aboriginal and private property rights raises serious questions about the equity and just application of laws and policy to preserve First Nations’ heritage sites from development.
Most pointedly, why is it that First Nations’ burial sites, such as Grace Islet, are treated with such an “unbalanced” level of disrespect, indignity and lack of sanctity by provincial government practices compared with non-First Nation burial sites?
Such discrimination is stark. Under cemetery law, it is unlawful to disturb a grave, litter or even drive a motor vehicle over lawns and flower beds. Cemeteries are treated by society with the highest principle of public respect. Meanwhile, First Nations are told by government they’re lucky if their ancient burial grounds are bulldozed to build a private luxury waterfront house without disturbing the grave stones.
Yet, under the provincial Heritage Conservation Act, the law reads clearly: “A person must not damage, desecrate or alter a burial place that has historical or archeological value.”
Desecrate is conspicuously undefined in the act, but broadly means “treat [a sacred place or thing] with violent disrespect.” The minister must grasp that issuing a permit to build a house on top of a burial place, such as Grace Islet, might fit the term “desecrate.” Under the act, Thomson has the power to refuse to issue a permit for an action that, in his opinion, would be inconsistent with the purpose of the heritage protection of the property.
If Thomson had met or listened to the overwhelming opposition of all Coast Salish First Nations over Grace Islet before he issued the permit, he would recognize there are deeply held and strict customary laws, inherited rights, beliefs and cultural practices associated with the care of the dead and their resting places. The disturbance of graves and burial sites is prohibited in Coast Salish law. Most important, cemeteries or burial places are considered dangerous, powerful places that are to be strictly avoided by the living. As aghast Coast Salish elders have expressed, it is unthinkable to knowingly build a house on top of a cemetery.
First Nations’ ancient human remains are not “artifacts,” they are the remains of real people, the ancestors of living persons today. If government is acutely aware of First Nations’ spiritual values, as the minister claims, British Columbia would treat and care for this cemetery with basic human respect, not allow it to be bulldozed, built over or allow graves to be incorporated as architectural features in foundation walls, patio decks and landscaping designs — that is, “desecrated.”
It is no wonder that Thomson retreats to excuses that “due process” was followed by B.C. There exists no substantive guidelines, policies, principles, rules or ethics that regulate decisions concerning the issuance of heritage-site alteration permits. Further, despite efforts by many First Nations over the past 20 years, there remain no agreements with First Nation communities to guide policy on what actions would constitute a desecration of burial sites or other sacred places.
Decisions are made at the discretion of the minister and delegated staff on an ad hoc political basis. Concern is growing about the provincial issuing of site-alteration permits for private development to the detriment of public interest. Yet the purpose of the provincial Heritage Conservation Act is to encourage and facilitate the protection and conservation of heritage property in British Columbia, not facilitate its development and destruction.
We call on the minister to urgently take leadership and not merely push the blame and responsibility to local government. Under the act, the minister has the power to effectively deal with Grace Islet. He can issue a stop-work order for up to 120 days, he can amend permit conditions or cancel the permit. He can also acquire the property for the Crown.
The new path forward with First Nations will necessarily involve changing how we do things, including the opportunity to fix wrongs, amend discriminatory and unjust laws and practices, and create new constructive partnerships, not just adhere to the status quo and reliance upon bureaucratic process, such as has led to the desecration at Grace Islet.
Certainly all British Columbians must recognize and support the concept of respect; we do not condone building houses on top of cemeteries.
Robert Morales is a Cowichan Tribes member and lawyer. Eric McLay is a professional archeologist and PhD candidate at the University of Victoria’s department of anthropology.
