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No accounts on $7.9 million dollar ‘Truth’ Fund

Published

1 year ago

4 minute read

From the Frontier Centre for Public Policy

By Blacklock’s Reporter

The First Nation prompted an international outcry in 2021 when it announced the discovery of 215 children’s graves hidden at the Kamloops Residential School. It said remains were found using ground penetrating radar.

Cabinet at the time lowered the Peace Tower flag at half mast for 161 days, approved $3.1 million for a national Residential Schools Student Death Register and another $238.8 million for a Residential Schools Missing Children Community Support Fund.

The Department of Crown-Indigenous Relations has confirmed it spent millions to uncover the “heartbreaking truth” of unmarked Indian Residential School graves in Kamloops, B.C. No remains have been recovered to date and no accounting of what became of the $7.9 million has been disclosed.

“The community had received $7.9 million for field work, records searches and to secure the Residential School grounds,” said Carolane Gratton, spokesperson for the department. “Details of initiatives taken by Tk’emlups te Secwepemc First Nation are best directed to the community.”

The department has not released financial accounts under the Access To Information Act. The First Nation said in a statement it “continues to grieve children that are in our care and are focused on the scientific work that needs to be done” but would not discuss the $7.9 million.

The 2021 funding was to document the “heartbreaking truth,” according to a 2022 department briefing note. “Our thoughts are with survivors, their families and communities as the heartbreaking truth about Residential Schools’ unmarked burials continues to be unveiled,” said the note.

“Funding is available to support communities, survivors and their families on their healing journey through researching, locating and memorializing those children who died while attending Indian Residential Schools,” said the note Indian Residential School Sites: Unmarked Burials.

“If pressed on Tk’emlups te Secwepemc Kamloops Indian Residential School site, the Government of Canada has provided $7.9 million over two years to the Tk’emlups te Secwepemc Nation to support the community in conducting this important work,” said the note.

The First Nation prompted an international outcry in 2021 when it announced the discovery of 215 children’s graves hidden at the Kamloops Residential School. It said remains were found using ground penetrating radar.

Cabinet at the time lowered the Peace Tower flag at half mast for 161 days, approved $3.1 million for a national Residential Schools Student Death Register and another $238.8 million for a Residential Schools Missing Children Community Support Fund. The Fund expires in 2025.

“I think Canadians have seen with horror those unmarked graves across the country and realize that what happened decades ago isn’t part of our history, it is an irrefutable part of our present,” Prime Minister Justin Trudeau earlier told reporters.

No remains have been recovered at the Kamloops site to date. A Senate committee in a 2023 report described questions regarding documentation of the 215 graves as “Residential School denialism.”

“Denialism serves to distract people from the horrific consequences of Residential Schools and the realities of missing children, burials and unmarked graves,” said the Senate Indigenous peoples committee report Honouring The Children Who Never Came Home. It recommended “the Government of Canada take every action necessary to combat the rise of Residential School denialism.”

Published with kind permission from Blacklock’s Reporter. First published here.

Blacklock’s Reporter (founded October 2012) is an Ottawa-based Internet publication covering Canadian government administration.

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Fraser Institute

Courts and governments caused B.C.’s property crisis—they’re not about to fix it

Published on November 14, 2025

By

From the Fraser Institute

By Bruce Pardy

In British Columbia, property rights are in turmoil. The B.C. Supreme Court recently declared that Aboriginal title exists on 800 acres of land in Richmond, a suburb of Vancouver. Aboriginal title, said the court, is “senior and prior” to fee simple interests. In the shadow of the decision, given the implications, Aboriginal title claims are receiving more attention. Kamloops and Sun Peaks ski resort are targets in one such claim. Meanwhile, the B.C. government has been conferring Aboriginal title across the province too. It continues to make agreements, such as on Haida Gwaii, to transfer control over land use in the province.

Courts and governments have caused this problem. The framers of Canada’s new constitution, adopted in 1982, excluded rights to private property. But at the last hour, they guaranteed existing Aboriginal rights and title. Over decades, the Supreme Court of Canada has expanded the scope of those rights. The recent decision about Richmond is a culmination of its work. That decision is under appeal, first to the B.C. Court of Appeal. After that, we may find out if the Supreme Court approves. But that could take years.

It’s not just the courts. In 2015, the Trudeau government agreed to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). UNDRIP says that Aboriginal groups have the right to own, use, develop and control any lands that they traditionally occupied or used. In 2019, the B.C. legislature incorporated UNDRIP into BC law. Known as DRIPA, the statute requires B.C. law to be consistent with UNDRIP. The NDP government has been granting Aboriginal title and control across the province accordingly.

What can be done? The Canadian constitution has an onerous amending formula. Repealing the section on Aboriginal rights would be next to impossible. So would adding private property guarantees to the Charter. But last week, Dwight Newman, professor of law at the University of Saskatchewan, suggested an alternative in the Post. Rather than attempt wholesale change, he proposed an amendment specific to B.C.

Section 43 is one of the ways to amend the Canadian constitution. It allows changes “in relation to any provision that applies to one or more, but not all, provinces.” The requirements are simple. The legislature in one province and the federal Parliament must both pass a resolution declaring the amendment. That’s it. Such a resolution, Newman suggests, could guarantee that private property in B.C. has priority over Aboriginal title.

He might be right. Section 43 has been used, for example, to alter constitutional denominational school rights in Quebec and Newfoundland. In 1993, New Brunswick used Section 43 to add a provision to the Charter about linguistic rights in the province.

But Section 43 might be narrower than hoped. The New Brunswick amendment was not challenged in court at the time of its enactment. So, yes, Section 43 was used to change the Charter, but not with judicial benediction. Moreover, the Supreme Court has not considered the ways in which Section 43 can be used. Section 43 amendments so far have been minor, mere “tweaks” to the constitutional order. We do not know what meaning the Court might give to “any provision that applies to one province.” It could mean any new provision, but more likely it means any existing provision that applies only to the province. Which would rule out using Section 43 to protect property rights from Aboriginal title in B.C. If the Court allowed Section 43 to be used for that purpose, then Section 43 could theoretically be used for anything, including amending the Charter wholesale until each province had its own version.

Even if Section 43 could be used to fix the property mess, it requires both the province and Ottawa to act. In addition, B.C. legislation requires that such changes be first approved by referendum. The B.C. and federal governments have helped to cause the crisis and continue to do so. They seem intent on undermining the system of land tenure in their own society. They are not likely to disrupt the constitution to frustrate their own work.

Moreover, there are other, simpler places to begin. The federal government could reverse its support for UNDRIP. The B.C. legislature could repeal DRIPA. Neither sitting government will do that. Few political actors will step out of line on Aboriginal questions, even to defend the country’s land, economy, and people. Will we discover whether there is anything more Canadian, after all, than acquiescence? In Canada, truth and reconciliation has morphed into fiction and capitulation.

Canada’s property crisis runs deep, and not just in B.C. Aboriginal rights are widely regarded as the natural and proper order of things. Special status for Aboriginal people is deeply ingrained in Canadian culture as well as the constitution. But it is dead wrong. Legal rights should not depend on lineage or group affiliation. Everyone born in Canada is native to the place. In a free country, laws apply not to distinctive peoples, but to individual people and their private property.

Bruce Pardy

Professor of Law, Queen’s University
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Energy

Thawing the freeze on oil and gas development in Treaty 8 territory

Published on November 8, 2025

By

From Resource Works 

Will direct tenure awards to First Nations unlock Montney gas?

By Nelson Bennett

An innovative approach to facilitating natural gas production in B.C. while respecting treaty rights could become a case study for future cooperation and partnerships between First Nations, government and industry.

In an attempt to open an area that producers have essentially been shut out of in northeastern B.C., the B.C. government directly awarded oil and gas tenure to the Halfway River First Nation, giving them greater control over how oil and gas extraction in the area might happen.

That tenure is now getting “farmed out” to companies like ARC Resources.

“The granting of the tenure by the B.C. government to the nation is new,” said Greg Kist, executive manager for Tsaa Dunne Za Energy, the Halfway River First Nation’s energy business.

Greg Kist, former president of Pacific NorthWest LNG and current managing executive for Tsaa Dunne Ta Energy, THE CANADIAN PRESS/Jeff McIntosh.

Depending on the outcome of the experiment, it’s the kind of thing that might one day be showcased at a future Indigenous Partnership Success Showcase event.

For more than two decades, a large area in Halfway River First Nation traditional territory in northeastern B.C. has been off limits to industrial activities like logging and oil and gas exploration and extraction, due to treaty rights.

In 1999, the BC Supreme Court quashed a timber harvesting permit approved by the province for Canfor, based on Halfway River First Nation’s Treaty 8 rights.

An extraction moratorium of sorts was placed over core HRFN territory, which happens to be in the “fairway” of the Montney natural gas formation.

“All of the lands were deferred from any further development,” Kist said. “And that meant everything from logging it, to oil and gas activities.”

This “deferral” of industrial activities in the area has been one of the question marks hanging over the oil and gas-rich Montney formation in northeastern B.C.

The 2021 BC Supreme Court Yahey decision had also left Treaty 8 territory dotted with question marks.

In Yahey, the court ruled cumulative impacts of activities like oil and gas development constituted a breach of the treaty rights of the Blueberry River First Nation, one of eight B.C. signatories to Treaty 8.

These various treaty rights rulings in northeastern B.C. create a serious challenge: How can B.C. continue to benefit from an abundance of natural gas to feed a burgeoning LNG industry without infringing the rights of Treaty 8 First Nations?

In the case of Halfway River, the B.C. government, the First Nation and industry are taking an innovative approach, using oil and gas tenure.

Last year, the B.C. government and HRFN signed a treaty settlement agreement that grants the nation more control over land use and development. As part of the agreement, the B.C. government directly awarded HRFN oil and gas tenure over 34,000 hectares of land. It was the first time the province has directly awarded oil and gas tenure to a First Nation.

In turn, the HRFN is now farming out its tenure rights to companies like ARC Resources, whose existing land holdings in the Attachie play are directly adjacent to the HRFN tenure.

“The resource quality is comparable to ARC’s existing Attachie asset, further extending the development runway at one of ARC’s most profitable assets,” ARC said in its second quarter financials at the end of July.

The tenure awarded to HRFN through its energy business, Tsaa Dunne Ta Energy, encompasses prime Montney real estate that had been essentially sterilized from development for decades.

“That 34,000 hectares is right in the middle of the Montney fairway,” Kist said.

Under an “earning and development” agreement with Tsaa Dunne Za Energy, ARC Resources will gain access to 36 parcels of land contiguous with its existing land parcel in the Attachie play. This expands its Attachie holdings by 10%.

Green area denotes Halfway River First Nation tenure; blue represents ARC Resources tenure.

“Think of it as Tsaa Dunne farming that land out to ARC, and we have an agreement that benefits us financially,” Kist said.

“The tenure award and landscape planning pilot will help to ensure that oil and gas development in these areas is sustainable and managed in accordance with the values of the Halfway River First Nation,” Chief Darlene Hunter said last year with the signing of the treaty settlement agreement.

Kist notes that the agreement with ARC represents only 25% of the land tenure granted to HRFN. So 75% of the land tenure could be open to further agreements with other natural gas producers.

“There will likely be more deals over time as we look at the different opportunities that are out there,” Kist said.

Kist is the former president of Rockies LNG and, before that, president of Pacific Northwest LNG. He and Jim Stannard, a former Petronas executive, are now managers for Tsaa Dunne Za Energy.

The tenure award does not represent a transfer of subsurface rights. All subsurface rights to things like minerals, coal, and oil and gas belong to the Crown.

“And at the end of the day, the B.C. government still gets its royalties,” Kist said. “But now the nation is very much in control of that activity.”

The recent agreement with ARC to develop 36 parcels adjacent to its Attachie lands is just the first one to be signed so far. There may be more such agreements in the future, Kist said.

Kist said the First Nation tenure model could end up being used elsewhere.

“I think the B.C. government’s going to look at these sorts of opportunities in areas where maybe there is a lack of development moving things forward,” he said.

“I think this could potentially be the model for development, with First Nations leading the way.”

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