Semá:th First Nation looks to expand reserve land in Abbotsford

The Semá:th First Nation hopes to bring more homes and better food security to its members with the creation of a new reserve at the base of Sumas Mountain.

The nation has applied to Indigenous Services Canada to begin the process of creating a new reserve and expanding its existing reserve near Highway 1. The properties are currently within the City of Abbotsford, and the city would have to agree to have the lands removed from its boundaries.

The land

The Semá:th First Nation currently has one reserve: Upper Sumas 6. On that land, the nation has the ability to dictate its land use policies and manage its own affairs.

Reserves were created by the federal government under the Indian Act for the use of a particular First Nations group, and the federal government still plays a major role in the creation of new reserves today. Reserves managed under the Indian Act are not officially owned by the nation, but rather held in trust by the federal government.

(You can read our story on Joseph Trutch and how he drastically reduced the size of Indigenous reserves in the Fraser Valley here.)

In the late 1990s, Canada and 13 First Nations signed an agreement giving the nations control of their own lands, moving away from land laws in the Indian Act. The First Nations Land Management Act was brought into force in 1999, and allowed participating nations to manage their own lands with a Land Code. (It has since been replaced with the Framework Agreement on First Nation Land Management.)

Reserve lands managed by a Land Code are still technically held by the government of Canada, although control of the land, resources, and environment are transferred to the nation.

The Semá:th First Nation created its Land Code in 2010, and adopted its first land use plan in 2013. The most recent update, which was set to be approved by band members Tuesday night, outlines how the nation plans to increase its reserve land, which currently includes 580 acres at the foot of Sumas Mountain, adjacent to Highway 1.

The nation is hoping to increase the reserve land by 76 acres, and create another 53 acre reserve just to the west of Upper Sumas 6. The nation already owns the properties it hopes to add to its reserve lands; all are currently located within the boundaries of the City of Abbotsford.

The first property, which could become an addition to the existing Upper Sumas 6 reserve, is located off Atkinson Road and touches the reserve at the northeast corner. It currently has one single-family home on site, although there was an unsuccessful development application in 2018 to put roughly 1,200 townhouses on the property.

Called Kw’e kw’e ’í:qx sxíxets’ (Semá:th Mountain Forest) in the nation’s updated land use planning document, the property could contain a new residential neighbourhood that the nation hopes will offer “housing solutions for all ages and abilities.” Kw’e kw’e ’í:qx sxíxets’ would also include parks, trails, community facilities, and space for hunting, smoking meats, carving, plant gathering, and potentially fishing.

The second group of properties, which would become the new reserve, are called tsqwa:y sqeló:líth’a (the west green) in the nation’s land use plan. One property had previously been used for growing tulips and hosted the Bloom festival until 2020.

“While vibrant, [the festival] created circulation issues and did not contribute to the prosperity of our people,” the nation’s land use plan said. “With its recent acquisition, there is an opportunity to transform this piece of our traditional territory into an area of economic and cultural prosperity.”

Those properties have frontage on North Parallel Road next to Highway 1. They would be a combination of community gardens and leased agricultural land. They would bring revenue to the nation, as well as provide access to locally grown produce for both Semá:th members and local residents. (They would also potentially include some agri-tourism and recreation opportunities.) The lands are currently in the agricultural land reserve—something that would change if they become reserve land held by the federal government. (Federal lands do not fall under provincial jurisdiction.)

Before the nation can move forward with its plans, however, it will need to go through the long process of having the lands it already owns added to its reserve.

The process

It begins with a request.

In order to start the process of creating a new reserve, or adding land to an existing reserve, a First Nation must first submit a proposal to Indigenous Services Canada.

The proposal must include the reasons why the nation wants to add the land to its base, as well as details on how the lands are currently used and how they would be used in the future. (Separate applications must be made for creating a reserve and simply adding land to a reserve, although both follow more or less the same process.)

Additions and the creation of new reserves will only be considered if the federal government has a legal obligation to add lands to the reserve, if a First Nation is awarded compensation through a tribunal decision, or if the nation needs more land to better serve its community or protect culturally important sites.

Once the proposal is submitted, Indigenous Services Canada reviews the application and may ask for more information from local municipalities. In Semá:th’s case, the federal government contacted the City of Abbotsford for more details on the properties, as well as letters of support for the proposal.

Abbotsford council discussed the proposal during its Tuesday council meeting, ultimately agreeing to send Indigenous Services Canada details on the properties. They also agreed to send a letter stating that the city was committed to “working collaboratively to navigate the harmonization between both jurisdictions,” but failed to endorse the proposal outright.

Coun. Simon Gibson summed up his concern with the proposal in one sentence: “What’s in it for us?”

“We want to work with these folks, but I worry that all this is going to become industrial or something that is inconsistent with our overall plan,” he said, noting that properties to the east on Semá:th’s existing reserve are being turned into a car dealership.

The nation’s land use plan has designated that area, just north of Highway 1 on its current reserve, as Seí:tslehƀq’ tém:éxw (land of marshall creek), a “well-designed hub for light industrial businesses.”

Staff noted that the letter was intentionally vague to indicate the city would not stand in the nation’s way, but that more discussions would be needed around the role the city would play with the new reserve land, if the application was successful. Currently, the properties off North Parallel Road are serviced by water and sewer, although the Atkinson Road property is not. Depending on the nation’s plans for the properties, they would potentially need to sign a service agreement with the city.

The city has until May 25 to send its documents and letters of support to the federal government. After that, Indigenous Services Canada will make a decision on the proposal, and tell Semá:th their decision.

If the Semá:th nation is successful, it will work with the federal government to create a work plan to complete all the technical work that goes with transferring land into a reserve. That will include establishing municipal service agreements if necessary, and dealing with any third-party interests in the property.

Once that is complete, the Minister of Crown-Indigenous Relations will give a stamp of approval to the project with a ministerial order.

It’s not clear exactly how long that process would take. Abbotsford staff said they anticipated it to be anywhere from a few months to a few years before a final decision is made.

Other lands

The potential additions to Semá:th’s reserve aren’t the only places where the nation has been expanding its footprint—although none of the newest acquisitions are officially reserve land.

The province purchased the sacred Lightning Rock site at the top of Sumas Mountain and returned it to the First Nation in March. The 89 acre site holds the transformer stone Lightning Rock—one of the more than 100 places where Stó:lō ancestors are believed to have been turned to stone—as well as a burial place of smallpox victims.

The Leq’á:mel, Máthxwi, Semá:th nations also had lands in Mission returned to their joint society in January of this year. The 140 acres of land are located next to Fraser River Heritage Park and the grounds of St. Mary’s Residential School. The land is subdivided into three properties, one of which is leased to the City of Mission for use as a community park and recreation area.

“Our ancestors are smiling down on us today,” Semá:th Chief Dalton Silver said about the transfer in a press release.

“Our title lands were never surrendered, and we will continue to work to ensure that they are returned, not only for us, but for seven generations ahead of us.”

Correction: An earlier version of this story incorrectly stated that Coun. Gibson’s concern was one of the entire council. The article has been updated to more accurately reflect the context of the quote.