"Crisis of SPAET Cave"

[jonsdigs]

Destroying cave only way to gather information

Jeff Rud, Times Colonist
Published: Thursday, November 16, 2006

Removing the roof of a cave on Skirt Mountain in Langford was the most feasible option to collect information, said Justine Batten, director of the archeology branch in the Ministry of Tourism Sports and the Arts.

A representative of the Songhees First Nations charged yesterday that destroying the cave, which is sacred to aboriginal people, is a form of cultural genocide.

"The roof of the cave was looked at by a professional geologist and found to be too unstable to be entered and worked within to conduct the assessment,'' Batten said. "So the only way to safely examine this cave is to take the roof off.''

Batten said the assessment requires digging test holes in the floor of the cave and there was concern that the roof wouldn't hold up under that kind of activity. "We're not going to ask anybody to risk their life.''

The only way to know if this is a protected site "is if we can obtain some verification that it falls within the parameters of the legislation,'' she said. "If we don't have that verification, we're not protecting it in any event.

"There is often the situation with archeology where, to preserve the information, you in fact have to destroy the site. The idea is if you can't maintain the site itself, you then at least collect the information so that everybody in the future has access to that information because it tells us something about our past.''

The floor of the cave is covered with cobbles, or large stones. Batten said the hope is that "in the sediment beneath those cobbles, there may be cultural information'' such as human remains, tools or other evidence the cave was used in the past. If such material is found, it may be extracted, she said.

Tourism, Sports and the Arts Minister Stan Hagen is in China and was unavailable for comment.

The controversy over the cave comes at an interesting time. A ceremony of "reconciliation" with the Songhees is tentatively scheduled for the legislature Saturday to deal with the fact the provincial house of government was built on Songhees lands.

Article


Natives' 'sacred' cave destroyed
Developers at Bear Mountain committing cultural genocide, aboriginal leaders charge


Louise Dickson and Bill Cleverley, with files from Jeff Rud, Times Colonist
Published: Thursday, November 16, 2006

The provincial government and Bear Mountain developers are committing cultural genocide by destroying a cave on Skirt Mountain that is sacred to aboriginal people, the land manager of the Songhees First Nation charged yesterday.

As dump trucks roared in the background, Cheryl Bryce stood at the cave entrance, now clogged with tree stumps. A subterranean lake has been drained and filled with tires. Natural vegetation has been scraped off the top of the cave.

"This angers me. It really, really angers me," said Bryce. "At the same time, I'm really, really heartbroken and saddened to see this kind of destruction to this sacred land ... to me it's another form of cultural genocide to take away what is rightfully ours, to take away that connection we have to our spirits and our ancestors."

Bryce and Tsartlip Chief Chris Tom complained that First Nations were not consulted about archeological assessments of the site by companies hired by the City of Langford and by Bear Mountain Resort.

They said they were shocked to discover last week that the province approved removing the roof of the cave and draining the lake to complete the assessment.

"Their methodology is insane and horrific," said Bryce. "To damage a site to prove there might be some physical evidence -- We know we used it and how sacred it is. There's evidence all round this mountain of use and occupation."

Langford Mayor Stew Young said "There's been consultation [with First Nations] all along. They've been able to consult with the archeologists we hired. They've been with them every day. They've been allowed to have somebody on site every single day -- a representative from their band."

Young said he has done everything he promised.

"I wrote a letter to the chief and said 'if you have any problems let's go out for dinner.' I invited him out for dinner, three or four months ago. ... I had no response."

Bear Mountain project developer Les Bjola said the company has followed regulations to the letter.

"We've hired the two best archeological firms in the city of Victoria and we've been operating under the direct supervision of the ministry -- and I mean hands-on direct. We have done nothing that wasn't officially supervised and sanctioned by them."

Asked if First Nations representatives were on site, Bjola said, "We paid them to be there every day."

Bjola said the geologist and the safety officer both declared the cave unsafe. The roof was removed "because it was going to fall in anyway."

Justine Batten, director of the archeology branch in the Ministry of Tourism, Sports and Arts, said the Songhees "were consulted throughout the process." The ministry was in touch regularly with Songhees representative Norm Pearson, she said.

Bryce said she met with members of the government's archeology branch who told her sacred sites are not accepted as archeological sites.

"They said they cannot protect sacred sites, they could only protect anything that shows physical evidence of occupation or use."

Batten said the cave will not be rebuilt.

Full Article

[madratdan]

Here is a follow up story in todays news. This to me is a really sad story.


Developer defends actions, questions natives' motives


Louise Dickson, Times Colonist
Published: Friday, November 17, 2006


B.C. aboriginal leaders raised the spectres of Oka and Ipperwash yesterday, standing together on Bear Mountain resort land, near the entrance to a cave they consider a sacred site.

"First Nations in this province are outraged at what's happened here," said Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs. He visited the Skirt Mountain site to support local First Nations who began a protest yesterday morning to protect and restore the damaged cave.

"It's of paramount importance that all the parties recognize the need to resolve this, particularly the developer, otherwise we're going to have a situation develop here which is going to be just as ugly as the other confrontations across this country. There's no question about that. Sacred issues were very prevalent in the Oka standoff as they were in the Ipperwash conflict."

For his part, Bear Mountain project developer Les Bjola, who complied with a provincial government request yesterday to stop work within 100 metres of the cave, accused the First Nations of manipulation, intimidation and threats.

The resort has plans for a condominium project in the area.

"When I see a grand chief suggest a one-kilometre buffer around this cave, it leads me to believe there's a lot more at stake than a sacred cave," said Bjola. "Why does it happen four years into development, when all the services and roads are here? It's a little too convenient for me to think that all this occurred now as opposed to five years ago when we hadn't touched the property."

Bjola said he would consult with his executive group to see what Bear Mountain will do next. The group will decide whether to proceed with a court injunction to have the protesters removed.

On Wednesday, First Nations complained they were not consulted about archeological assessments of the sites by companies hired by Bear Mountain and the City of Langford. Tsartlip chief Chris Tom and Cheryl Bryce, land manager for the Songhees, said they were shocked to discover the province had approved removing the roof of the cave and draining a subterranean lake to complete an archeological assessment. The entrance has been filled with tree stumps -- a measure taken, said Bjola, to prevent people from falling into the hole.

Aboriginal Relations Minister Mike de Jong met with First Nations officials yesterday. "We're obviously very concerned and are anxious to work with the parties to see if a resolution can be found that's respectful of the site," he said.

De Jong described his efforts to date as "fact-finding" but said he hopes to gather together all the "interested parties" today to resolve the dispute.

RCMP were called to the development early yesterday morning after a scuffle broke out between protester David Dirk and a Bear Mountain employee. Dirk said he was trying to light a fire to keep warm, when the employee kicked him in the arm and stomped on his foot. Dirk said he planned to press charges.

Then around noon, about 120 Bear Mountain employees drove to the summit on their lunch hour to show their support for the development. The crowd stared at the handful of protesters who have vowed to occupy the site until is it protected. Bjola thanked them for their support.

"This is what I'm here for. It's my job to keep the 1,200 people who work at Bear Mountain employed and I want to put a human face to what's going on here," said Bjola.

"This is not a one-sided story. This is not good versus bad. This is all about the fact that we at Bear Mountain have gone beyond everything we've been required to do to resolve this situation archeologically."

These are the people who are suffering, the ones who will be out of work because work on the mountain has stopped, said Bjola, pointing to the construction workers.

Asked if there was any possibility of developing around the site, Bjola replied: "Absolutely none. We've proven to the full extent of the law because we're had the best two archeological firms in Victoria and we've had the ministry up here and they all agree to date that nothing's been found of any archeological consequence at all."

A house will go on top of the cave, he said.

Hupacasath Chief Judith Sayers said she believes the problem stems from "a really large cultural barrier and cultural insensitivity from the archeological branch."

"Sacred sites are the most important rights to First Nation people," she said. "These are really archaic methods they are using. That they have to destroy a site to find out whether it has been used."


full story
tinyurl.com/y7f7mk

[L Roebuck]

Showdown at a sacred cave
Times Colonist
Published: Friday, November 17, 2006

The developer wants to go ahead. The province's archeology branch doesn't have any rules governing sacred sites, so it has allowed the cave's destruction as part of a search for artifacts to determine whether the site should be protected.

Full Article

Ummm, call me silly, but why protect a site AFTER you destroy it ?

[Brian Roebuck]

This is an example of what can happen when influential developers team up with less than scrupulous archaeologists. Money talks. The cave was in the way of making money and thus it had to go. The archaeologists found a way to get what they wanted and the developer will remove the problem from his condo farm. Everyone is happy except those of us who love caves and the native people that call it sacred.

What a pile of ....

[L Roebuck]

Quote: " Now the cave is filled with tires and tree stumps."

---

Truce reached on native cave
'The cave will be protected,' Bear Mountain CEO pledges

Louise Dickson, with files from Richard Watts, Times Colonist

Bear Mountain developers and B.C. aboriginal leaders have stepped back from the brink of conflict, agreeing to a two-week truce and an attempt to reconcile their differences.

At a meeting in the Tsartlip longhouse yesterday, Bear Mountain Resort CEO Len Barrie promised local chiefs and Aboriginal Relations Minister Mike de Jong that construction will be stopped for the next two weeks within 100 metres of a cave sacred to local First Nations.

"The cave will be protected," said Barrie, a former NHL player, as smoke rose from a massive log fire in the centre of the room.

Barrie also said the development group will not proceed with an application for a court injunction, filed yesterday morning against a small group of First Nations protesters who had been occupying the cave site since early Thursday morning.

The application was adjourned until Nov. 30.

The Rest of the Story.....

[L Roebuck]

Best way to study a cave is to blow it up?

www.vivelecanada.ca/article.php/2006111709462619
Contains a rebuttal and some comments

[Azurerana]

I'm still trying to figure out how or why there is a dept of archeology in a Dept. of Tourism, Sports and Arts (which sounds sort of like an animal made of spare parts, anyway.)

So, is this thing unroofed, or not? The first report was that the dozers were already through. Now, I'm not so sure. Conflicting reports on the 16th say it was destroyed or not...

How does a former NHL player become head of a construction company who consorts with First Nations people in their longhouse? (Man, and I thought the world was strange enough before writing that sentence...)

So, is there a compromise position here? It doesn't seem tenable to me that a natural feature sacred site can be surrounded by condos. I mean...yeah, let's put condos around the Wyoming Medicine Wheel, and we can barbecue and watch the Natives to the roar of our SUVs and air conditioners.

This whole situation seems to consist of many more questions than answers. Does the Dept of Archaeology in BC *not* have any First Nations people? Or does Canada have apple Indians too? (Red on the outside, white on the inside.)

Sounds like a faceoff at center ice might help solve things! *|:-)

[L Roebuck]

Here's another article about the plight of the sacred cave on Skirt Mountain.

---

Cave worth restoring: scientist

By Edward Hill
Goldstream News Gazette
Nov 29 2006

It was damp, dark and had crickets, but to speleologist Paul Griffiths the now-infamous cave on Skirt Mountain is a thing of beauty.

The limestone cavern held short stalactites, was coated in calcite “moon milk” and held lots of water, a textbook karst formation.

“Independent of scale and at all levels one can find beauty in caves,” says Griffiths, a major force in B.C. cave science over the past four decades.

In May, Griffiths became one of the few non-aboriginal people invited to inspect the cave, at the time kept secret from Bear Mountain developers. It has since been revealed to the public and is now a pivot point around two diverging world views.

Songhees and Tsartlip First Nations say the cave is sacred and ancient, and holds deep spiritual resonance for their people. The developers, now five years into their billion-dollar project, say they are following provincial heritage conservation laws –– laws that doesn’t recognize concepts as ethereal as ‘sacredness.’

In early November, the provincial archeology branch had decided to remove the roof of the cave to complete a survey for signs of aboriginal past-use. It got as far as draining the water, and laying out geotextile matting and tires to preserve evidence, should the cave collapse.

That triggered First Nations outrage –– first for weak or nonexistent consultation and second for plotting to destroy a cave deemed sacred. After the Ministry of Aboriginal Relations stepped in, the developer and First Nations agreed to a two-week truce and negotiation period, due to end Friday.

Both sides also agreed to not speak to the media until the cooling-off period is over. Bear Mountain developer Les Bjola previously told the News Gazette the cave area will eventually be developed with housing, as planned.

Griffiths says the Skirt Mountain cave, as an ecological formation and a First Nations sacred site, is a worthy candidate for preservation.

“Most caves around the world are candidates for protection,” he said. “In this case the compelling argument is the cave is described as a sacred site. On that count alone it would be a candidate for protection.”

On the Internet, the caving community and indigenous rights advocates are finding common cause, with the Bear Mountain cave popping up on chatroom threads. Griffiths said if the cave is destroyed, he would expect a strong reaction from conservation groups, cavers and the general public.

“People have latched onto this. There is a lot of interest internationally,” he said. “There is enormous interest in the way this is treated.”

Full Article

[Brian Roebuck]

I'm deeply afraid that all such wild areas will be found by greedy developers (who have run out of land in their home areas and are branching out to other states and countries) and ruined in the name of profit ....errr... progress - yeah that's it. They have so much influence (they make billions) that politicians welcome them, small towns aiming to grow love them, and local economies see them as a short term booster. It is happening in the wild areas of Tennessee, Alabama, and Georgia as well and the caves and local lifestyle will be changed forever. Change is inevitable but we don't have to rush things. Greed is a powerful force to make men destroy natural and cultural resources for riches. This whole thing makes me sad and angry.

[Azurerana]

If I could eliminate only one of the seven deadly sins, it would be Greed. I'm under pressure to come up with a Christmas list for family...well, the little stuff I buy for myself, and the big stuff costs too much to ask for as gift without embarassment. The rest of the stuff is just stuff to haul around for the most part.

"Paved paradise and put up a parking lot." Where I grew up (yeah, they turned a cowfield into a subdivision) people moved there because it was cheap, and we had these wonderful green hills. Well, they've torn down the hills to put in more people, and now most of what the people moved there for is gone. So they move further out. Why not have development AND preservation of enough natural features that people can have their cake and eat it, too?

A more well known example is the Branson area.
A severly depressed and very backwards rural area was flooded to put in several major lakes--Table Rock Lake, Bull Shoals, Lake Taneycomo. A rural tourist industry grew up, providingseasonal employment to college kids and the locals. Marvel Cave begat Silver Dollar City featuring hill craft exhibitors and a few (very few) rides. A couple of longtime homegrown music shows (Ozark Jubilee (moved from Springfield), the Baldknobbers) invited 'bigtown' guests. Blink your eyes, and 5 years later, Branson bills itself as Nashville West, becomes the place old crooners go to die (Andy Williams, the Lawrence Welk show sans Mr. Welk) and home to old vanilla rockers (the Osmonds, Jim Stafford) and very strange ethnic acts (Yakov Smirnoff, Shoji Tabuchi). In order to accomodate the crowds and expectations little rustic mom and pop motels and diners are gone, Ramada, Holiday Inn and even tonier hotels and eateries are in. Branson has a permanent population and infrastructure for about 5-10,000, which swells to hundreds of thousands on any given summer day, and 7 million total over the tourist season. Silver Dollar City expands to Celebration City--hardly anyone knows there is a cave down below anymore. Worst of all, the Tri-Lakes area (all on karst) is promoted as the ideal retirement community, drawing more flatlanders looking for all the comforts of Southern California. Again, let's tear down the hills which people came to rest amongst, and put up neon, bring in smog and traffic jams. Everyone dumps sewage into the Lakes, and the fishing and swimming which people came to enjoy is tainted. Nasty things turn up in the cave, and only after their bottom line is threatened, do the city fathers of Branson put in some sewage regulations.

They've improved Branson to the point that the natives can't afford to live there any more, if they'd even want to. I loved Branson as a child--one of the attractions used to offer tours in 1920s opentop cars, and I even had a horseback ride on a sidesaddle (in the 1960s). Now, the 'spirit of the Ozarks' is all indoors, in the dark, watching glitzy prepackaged 'gospel sings' three times a day for the tourons. I just don't get it, and other than a trip to get camera batteries, I've mostly avoided it since.

[jonsdigs]

Developers court natives with casino
Deal with Bear Mountain resort struck after dispute over sacred cave; needs province's OK: Langford mayor
Louise Dickson, Times Colonist; with files from Lindsay Kines
Published: Saturday, December 02, 2006

Langford Mayor Stew Young, local First Nations and Bear Mountain Resort developers are taking a gamble a First Nations casino will smooth the bumps on Skirt Mountain.

The proposal for a small destination casino at the golf resort is contained in an agreement Young said has been initialled by the municipality, the developer and First Nations who have been meeting for the past two weeks to try to resolve their differences. The proposals will now be put forward to the province.

"They were good meetings," Young said yesterday. "Now it's just a matter of how much the province will help move this forward. If we can partner with Bear Mountain and First Nations and if the province facilitates this economic development, it's a win-win situation."

Officials at B.C.'s Ministry of Aboriginal Relations and Reconciliation referred calls on the matter yesterday to RCMP Sgt. John Brewer, an officer specializing in aboriginal relations. Brewer has been mediating discussions between the developer, First Nations and other players regarding a dispute last month over damage to a sacred native cave near the resort on Skirt Mountain.

Yesterday, Brewer denied that a deal has been reached.

"Nothing has been agreed to," he said.

Brewer said a purported copy of the deal, which was e-mailed to the Times Colonist, is actually a list of "discussion items" from one of the first meetings. The list makes several references to the development of a casino.

"I recognize some of those from the talks," he said. "Those were obviously just items that were thrown out for discussion."

The dispute flared last month when First Nations rallied at the resort to protest damage to a nearby sacred cave and the draining of a subterranean lake. The protest ended when both sides declared a two-week truce to work out their differences.

Brewer said the parties had hoped to announce an agreement by yesterday's deadline, but bad weather forced the cancellation of a number of meetings. He said talks are expected to resume early next week.

But according to Young, if the province approves a casino licence, an agreement will be put in place to share revenues with First Nations and nearby municipalities.

"This is a way to help First Nations find other ways and means of helping their people in a private sector setting," he said.

"Finding economic development for First Nations is going to make relationships better. It's going to make them feel part of the community. First Nations are our neighbours, just like another municipality right beside us."

First Nations will be given training and jobs at the casino, said the mayor.

Bear Mountain is also proposing to help the Tsartlip band develop 23 acres of land they own in the development by using their expertise and contributing $6 million to sewer and water infrastructure. The parties are calling on the province to contribute $2 million for the infrastructure. The land, which is not reserve land, is useless to the Tsartlip unless services are put in, said Young.

The sacred cave, which was at the heart of the conflict, will be destroyed, said Young. A healing ceremony will be held at the cave, then development will proceed. If any artifacts are discovered, they will be displayed in Bear Mountain village.

Another proposal suggests the province give the Songhees $1 million to help them develop land at the Spencer Road interchange.

Other proposals include identifying sacred sites, creating a sacred site display in the Bear Mountain village and giving First Nations the right to gather firewood at Skirt Mountain.

Article

[Azurerana]

They (white people) just don't get it, do they?

Let's tear down Notre Dame, save the statues, and open a bingo game nearby.

(sigh, with tear)

[L Roebuck]

Casino Shouldn't be Traded for Cave
Times Colonist
Published: Tuesday, December 05, 2006

Negotiate solution to Bear Mountain conflict, but don't lose sight of the wider implications

Congratulations to all the parties in the Bear Mountain sacred-cave dispute for settling down to the hard work of negotiating a solution.

But they need to have another try.

The confrontation over a cave that First Nations say is sacred produced blockades and threats of legal action and escalating protests. The parties wisely opted instead to declare a truce and start talking about a solution.

Their efforts so far risk creating more problems than they solve.

The Times Colonist reported that Langford, Bear Mountain Resort developers and First Nations are discussing a settlement that would include a new casino. First Nations, Langford and neighbouring municipalities would all get a cut of the profits; the First Nations could also benefit from casino job opportunities.

Developers would help the Tsartlip band develop 23 acres of land it owns near Skirt Mountain, in part by contributing $6 million to infrastructure development. And the province could be asked for $3 million to support development on land owned by the Tsartlip and the Songhees.

The cave would be filled in to allow construction.

Trading the sacred for a share of casino profits strikes some as overly expedient, even hypocritical, particularly in light of the comments from First Nations leaders during the protests.

Full Article

[madratdan]

andrewmacleodclippings.blogspot
December 1, 2006

First Nations on southern Vancouver Island will lose a sacred cave and gain a casino if an agreement in principle goes ahead.

In exchange the Sencoten Alliance, which represents four First Nations including the Tsartlip, will gain among other things $2 million from the province, $6 million from the developer, the right to gather firewood on the developer's property and "access to jobs in Bear Mountain casino." The agreement in priciple later states, "A 'First Nations Casino' will be established as a joint venture between all of the Saanich tribes, the municipal govt, Bear Mtn., and the BC Lottery
Corp.."

For several months the cave, located on Skirt Mountain outside Victoria, has been the subject of a disagreement between the Bear Mountain Corporation and local First Nations who say it is sacred. Two weeks ago a number of people gathered to block further destruction of the cave, which had reportedly had its roof blown off and been filled with tires.

Asked about the casino plan, Songhees chief Robert Sam says, "That's part of it, yeah, but there's a whole lot more." The cave will be lost, he says. "That's sort of a trade off." He declined to say more, explaining that he isn't the media liaison on the agreement.

A call to the Tsartlip Band Council was not immediately returned.

"The main thing for me is it follows a pattern that's been pretty routine in a lot of these matters," says Taiaiake Alfred, the head of the indigenous governance program at the University of Victoria. Aboriginals will take action on something like the cave, he says, "Then the band councillors step in and use it as some sort of leverage to gain compensation. The band councillors take it as an opportunity to make some money, and I think that's what happened here."

The band councils are a product of federal legislation, he adds, and are accountable to the Canadian government. "There's no real accountability of the band council leaders to their own people."

The agreement in principle that accepts money and a casino in exchange for the destruction of a sacred site makes earlier statements from band councillors about how important the site is look like hypocrisy, he says.

The agreement in principle has not yet been presented to the first nations communities involved. A November 28 meeting was cancelled because of snow. A meeting on the Tsartlip reserve is scheduled for December 5.

Following are details of the agreement in principle:

The SENCOTEN Alliance, represented by Eric Pelkey, agreed to the following:

1. receives $2 million from the provincial govt (commitment to ensure water
and sewer on reserve as well) and $6 million from Bear Mtn Corp for
infrastructure on Tsartlip FN lands;
2. right to gather firewood on Bear Mountain property;
3. members access to jobs in Bear Mountain casino;
4. the creation of a Sacred site display in Bear Mountain Village and public
info/trail to Guardian Rocks site;
5. to identify other sacred sites; and,
6. hold healing ceremony at Sacred Cave, after which development will
proceed.

The SONGHEES FN, represented by Robert Sam, agreed to the following:

1. will identify sacred sites and hold ceremonies before they are developed;
2. receive transfer of certain highway, provincial and Capital Comm. lands
from province; and,
3. province to pay $20,000 legal fees.

BEAR MOUNTAIN CORPORATION agreed to the following:

1. receives additional land (Capital Comm. Lot 28, "Guardian Rocks") from
province; and,
2. province to pay $450,000 for legal fees and archaeology.

Other provisions agreed to jointly by ALL PARTIES include:

1. a "First Nations Casino" will be established as a joint venture between
all of the Saanich tribes, the municipal govt, Bear Mtn., and the BC Lottery
Corp.

2. the interchange project on Spencer Rd. will receive $1 million from the
province on behalf of the Songhees FN.

3. $30,000 to FNs and $300,000 to Langford from province to produce an info
brochure on archaeological assessments.

4. one-time payment of $90,000 to FNs, $10,000 each to Tsartlip & Songhees
FNs, and $90,000 to Langford from province.

source:
tinyurl.com/wxkzz

I'm still trying to picture why it's a good idea to rip a top off a cave and drain a lake inside it, just to build a second access road that surely could have been rerouted around it. Looks like money's doing the talking and the real victim is now dead and buried. I think a moment of silence for the cave is in order.

[L Roebuck]

....cough.....

It appears the cave was never Special or Sacred at all to those who say they care about our planet.

[madratdan]

"Then the band councillors step in and use it as some sort of leverage to gain compensation. The band councillors take it as an opportunity to make some money, and I think that's what happened here."

That's my take on it too, Lynn.

[guanonoggin]

More BAD Karma?

This is a friggin bad day for ole Chucky dudes. First I hear about the Sonora freakin vandals and now the tribe is trading their sacred cave for a friggin casino? Dude this has just gotta dis their ancient ancestors in a major way! I'm wiped out over all this. Too much bad Karma in one day is bringin me down too far.

Chucky

[L Roebuck]

Aboriginal leaders call resort talks flawed
Band negotiators couldn't consult members, chief says
Louise Dickson, Times Colonist

B.C. aboriginal leaders are calling negotiations to end a dispute at Bear Mountain Resort "completely flawed and dysfunctional.

"The Tsartlip leadership did not have the opportunity to report, consult and seek instruction from their members on a consistent and ongoing basis," Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, charged yesterday.

"In short, the band's negotiators were muzzled. Tsartlip was never really allowed to advance their concerns around total preservation of the sacred cave or raising the fundamental issues of spiritual rights."

The cave considered sacred to First Nations has been at the centre of a dispute which flared last month at Bear Mountain Resort on Skirt Mountain. First Nations rallied to protest damage to the cave.

A two-week truce was declared Nov. 17 to allow the sides to work out their differences.

On Wednesday, the province, the Songhees and Esquimalt First Nations, Bear Mountain Development and the City of Langford announced they had arrived an agreement in principle to address archeological interests at the resort.

The Tsartlip were not named in the agreement. They discussed the agreement Thursday at a meeting in the longhouse.

However, on Nov. 24, Tsartlip Chief Chris Tom and other local chiefs signed an agreement in principle which stated once a healing ceremony took place, the area would be developed.

A healing ceremony was held Dec. 10.

Sgt. John Brewer, the mediator, said he heard the cave was destroyed. The roof of the cave has collapsed and an archeological assessment will continue, he said.

Phillip is now calling for the discussions to be restructured with a different mediator. He said he was troubled by Brewer's style of mediation.

"When members from the native delegations tried to raise the issue of spiritual rites and preservation of the cave, he was very short and curt with them," said Brewer.

Full Article

[jonsdigs]

Tsartlip veto Skirt Mtn. cave deal
By Edward Hill
Goldstream News Gazette
Dec 20 2006

The Tsartlip First Nation has rejected an agreement with Bear Mountain over a disputed cave, calling the negotiations “ill-fated from the beginning.”

The cave on Skirt Mountain, within Bear Mountain’s development, is regarded as a spiritual site by First Nations, but isn’t protected under provincial law.

“The Tsartlip leadership will exhaust all possibilities in regards to protection of the sacred cave,” Tsartlip Chief Chris Tom said in a release. “I am confident we can find a solution to this conflict through diplomatic means, but our communities must be prepared to take a stand if necessary.”

Tom took the agreement to his people for ratification, but that was rejected in favour of saving the cave.

The Tsartlip’s other negotiating partners, the Songhees and Esquimalt First Nations, signed off on a deal last week. The agreement includes protocols to protect other sites of significance, public education on first nations culture and history, and it obliges all sides to meet regularly on heritage conservation issues, but allows the developer to continue construction as planned.

First nations conducted a healing ceremony at the cave on Dec. 10, which by some reckoning frees the area of its spiritual significance.

Bear Mountain developer Les Bjola said Monday that work is proceeding, as authorized by the Songhees and Esquimalt leadership. He said the cave has been damaged.

“The cave can no longer be considered a cave,” Bjola said.

A joint casino project on Bear Mountain as originally outlined in draft documents wasn’t mentioned in the final agreement. Langford Mayor Stew Young said a casino is still an aspect of economic development for First Nations, as is a new casino revenue sharing deal with West Shore municipalities.

“First Nations is looking for a revenue stream and a casino is on the table,” Young said at a press conference Wednesday. “And we will look at increasing revenue sharing with First Nations.”

The agreement also outlines an intent to have 20 acres of Provincial Capital Commission land at the bottom of Skirt Mountain transferred to the Songhees, along with $1 million to develop infrastructure. Langford is aiming to build the Spencer Interchange nearby.

The Tsartlip were offered $6 million in infrastructure for 23 acres of its land near Bear Mountain’s golf course. That is off the table since the Tsartlip didn’t sign the final deal.

The Tsartlip and the Union of B.C. Indian Chiefs have attacked the negotiations as “completely flawed and dysfunctional.”

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The Tsartlip also accuse mediator RCMP Sgt. John Brewer, a member of the Lower Similkameen First Nation, of having a pro-development bias.

“The Tsartlip was never really allowed to advance their concerns around total preservation of the cave or raising the fundamental issues of spiritual rights,” said Grand Chief Stewart Phillip, of the UBCIC. “The other parties were biased in favour of expediting an agreement to avoid further conflict. It is now apparent that none of them, except the Tsartlip, were committed to ... preserving the cave.”

Golder Associates, archeological consultants hired by Bear Mountain, said surveys in and around the cave didn’t turn up any archeological evidence of historical or past use.

Songhees Chief Robert Sam said the cave “was not an issue,” and agreed the site offered no archeological evidence. He said the cave dispute was driven by a few young people.

“Dissension comes from the group that tried to occupy the mountain; they are in the minority,” Sam said. “I’m not happy about it. This has the potential to divide the community.”

With the Tsartlip distancing itself from the agreement, the potential is there for Esquimalt and Songhees members to square off against its leadership, or for the bands to square off against the Tsartlip and UBCIC.

Bjola said the Tsartlip are free to do what they want, but Bear Mountain isn’t going back to the negotiating table. “We spent more than 40 hours at the table with absolutely unencumbered dialogue. Everyone was 100 per cent open to say anything.”

Brewer, the mediator, also said the negotiations were free and fair, and that saving the cave was never a major sticking point. He said some UBCIC chiefs attended some of the talks, but never voiced disapproval until a press release was issued Friday.

He said none of the local chiefs were rushed or strong-armed into an agreement. “I am a First Nations person and an RCMP officer, and I would never let that happen,” he said. “I poured my heart and soul into those talks so everyone walked away with something.”

Brewer says if anything, he was biased in favour of First Nations. He said the agreement will save many spiritual locations, and is geared to save places yet to be discovered.

“I was proud of that, proud of the trust and co-operation by everyone at the talks,” he said. “This is the best deal that could be put on the table.”

Article

[madratdan]

I applaud the Tsartlip people for not selling out their beliefs for a casino and some money. I'm sure the road will go through anyway, as it sounds like the cave is dead and buried. I'm guessing that's one road that will be cursed for years to come.

[L Roebuck]

Tsartlip threatening legal action

By Edward Hill
Goldstream News Gazette

Band may sue developer over destruction of Skirt Mountain cave

The Tsartlip First Nation is mulling legal action against Bear Mountain developers for destroying a cave on Skirt Mountain, in the wake of rejecting a mediated settlement.

Chief Chris Tom said the Tsartlip’s membership set out a mandate to protect the cave and any other sites deemed sacred to First Nations. The band has cast a wide net, vowing to protect sites throughout the Saanich Peninsula and the West Shore.

“Our community won’t stand back. Developers better think twice before developing in our area,” Tom said at a press conference Tuesday. “We will stand tough and fight back.”

Tom said negotiations, prompted by the cave dispute, were biased toward the developers and never properly dealt with preserving the site. The grievances go deeper. They want the province to open up the Heritage Conservation Act to account for sacred areas.

Tsartlip Coun. Don Tom said the band was seeking legal advice on pressuring the government to rewrite the HCA, and for compensation from Bear Mountain for the cave.

“I still believe we are in negotiations,” Coun. Tom said. “The No.1 goal is to save the cave. If it is destroyed, we are seeking legal counsel so other sites are not destroyed.”

Bear Mountain developer Les Bjola confirmed Tuesday the cave had indeed collapsed due to blasting in the area. He said work restarted after signing an agreement with the Songhees and Esquimalt First Nations last week.

Bjola said the cave was discussed “at length” during the week of negotiations at the end of November. “Everything was on the table and no one prevented anyone from expressing their point of view.”

He dismissed the Tsartlip’s claim of seeking compensation, saying Western Forest Products transferred 23 acres to the Tsartlip five years ago as part of a contract not to claim land in the area. That agreement was transferred to Bear Mountain Resorts.

At the press conference, Chief Tom denied that contract absolved the Tsartlip of rights to protect the land. Bjola says they have it in ink.

“Where do they come off thinking they can be compensated for something, when they got 23 acres and signed an agreement not to get in the way of development,” Bjola said.

“This is private land,” he continued. “If they are able to lay claim for a spiritual purpose, private property means nothing in this province.”

Spiritual sites are not covered under the Heritage Conservation Act, a legal point at the heart of this dispute. Such sites are usually kept secret to within families in aboriginal bands and are rarely spoken about.

Earlier this year, some First Nations claimed the cave as a past bathing site and sacred location, but it was also deemed geologically unstable.

In November, archeological consultants drained and filled it with tires and matting to preserve any midden or aboriginal artifacts, in anticipation of an eventual collapse.

That action, plus the announcement that the cave’s roof would be removed to continue the archeological survey, spurred First Nations to stage a protest.

That led to negotiations and the agreement signed last week by Bear Mountain, Langford, the province, and Songhees and Esquimalt First Nations. Tsartlip were partners in the talks, but did not sign.

Full Article

[Brian Roebuck]

This whole thing sounds similar to tactics once employed by certain state road construction crews when faced with evidence of archaeological significance during construction. They hurriedly destroyed it to avoid being shut down I am told. The same fate has befallen a few caves as well now buried and blasted shut "accidentally" by them. As the world gets more populated, developers get greedier, and state officials are paid off more to "look away" these instances will continue to occur. It should be a priority for each state or country to have reasonable cave protection laws enacted to help protect these resources. The only way to make our representatives act on this is to get organised and put pressure on them to do so. I can assure you it won't just happen on its own. Cavers, scientists, archaeologists, and lovers of nature will likely have to band together to force legislation forward. Big money developers will stand in the way. Public outcry and publicity are about the only ways to overcome the power of greed.