Alexandria Indian Band trying to retain ferry service

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The Alexandria Indian Band has served notice through the Tsilqot'in National Government (TNG) that the province's plan to withdraw ferry service across the Fraser River at Marguerite will impose major inconvenience and expense on the band and the public.

A notice was posted on the ferry April 22, signed by Chief Ervin Charleyboy, tribal chairman, and Joe Alphonse, director of government services for the TNG, that "removal or interference with the Marguerite reaction ferry and/or support equipment and structures violates constitutionally guaranteed fiduciary duties of the Crown governments of British Columbia and Canada to act in the best interests of status Indians."

Letters objecting the ferry closure were sent to the provincial Ministry of Transportation's acting senior manager of finance and project services in the Planning and Policy Department, Mike Hallis, with copies to Minister of Transportation Judith Reid, Premier Gordon Campbell, the federal Department of Indian Affairs in Ottawa, the Union of British Columbia Indian Chiefs and the media.

A reaction ferry is not motorized, but has a rudder, is attached to a cable and is managed by an operator.

On April 30, the Alexandria Indian Band, whose reserve is split in half by the Fraser River, disrupted vehicular traffic along Highway 97 at the mid-point between Williams Lake and Quesnel. The closure was slated to last an hour-and-a-half, followed by two hours of vehicle slow-downs.

But according to TNG issues co-ordinator Don Wise, "We got into a bit of a tense situation with the police there." Although they had previously made arrangements with the Quesnel RCMP detachment for the temporary closure and slow-down, they were notified the morning of the protest that there had been "outside intervention from Ottawa with the police . . . they would not allow an Indian group to stop traffic on a major traffic artery." Quesnell RCMP told them they would be arrested and charged with a "criminal act" if they closed the road. The Native group nonetheless heard speeches from their leaders, passed out leaflets calling for the premier "to override his bureaucrats" and "did go ahead with a closure of the highway for two hours," said Wise.

Alexandria chief Violet Stump said there is broad support for keeping the ferry open as non-Natives also are affected. Also, "most of our members access services from 15 bands in the Caribou."

The TNG and Alexandria do not argue the ferry service is economically viable, thus the Alexandria declined to bid on a proposal to take over operation of the ferry. But they argue it is within the fiduciary duty of both federal and provincial Crowns to provide the service. The chief said they can accept reduced hours, but the ferry must remain open so the band's office staff, forestry and agricultural workers can get to their jobs.

"It will take an extra hour and forty minutes' travel on gravel roads for band employees living on the west side of the river to get to work," Stump said. In addition, there is the social cost to a geographically divided community, and a detrimental affect on their own and nearby non-Native businesses that depend on band members' and tourists' spending.

Stump pointed out many of their 400 members do not own vehicles; those who do, cannot afford the expense of operating and maintaining them for a three-hour return trip each day. In addition, she said, "We have many people living in Quesnel, Williams Lake and surrounding areas who want to move back to Alexandria and who depend on the ferry to get to Highway 97."

The Ministry of Transportation, through Jeff Knight, a communications officer in the Public Affairs Bureau, said it costs about $125,000 a year to transport 7,800 vehicles and 16,000 passengers at a cost of $16 per vehicle and $8 per passenger.

Jeff Knight said the ferry closes during freeze-up, approximately four months of the year, when people drive the West Fraser Road, a distance of 60 km, which the govrnment considers reasonable.

Knight added the closure was announced by the minister in February 2002, which gave anyone interested a year to find a way to operate the ferry "without subsidy."

The band says what is unreasonable is that they were forced onto a reserve in the first place. Their protest was to draw attention to the fact that no right-of-way through the reserve in Tsilhqo'tin territory has been settled with the province of British Columbia.

But Don Wise, TNG issues co-ordinator, pointed out the province rejected a proposal for operating the ferry that was put forward by "private people" at Marguerite (the only bid the ministry received). On April 22, when the TNG was notified, they posted the notice on the ferry.

At press time, neither Alexandria nor the TNG had received any official government response to their recent action on the highway.

Knight said on May 5 he would attempt to arrange an interview with the transportation minister the next day, but we did not hear from her by press time.

Raven's Eye requested the federal government's response on the question of fiduciary duty and what, if any intervention it might make. Regional Director General of Indian and Northern Affairs John Watson communicated through Avril Archibald, who said they did not have a copy of an April 2 letter to Hallas from TNG that had copied to them. Raven's Eye faxed her a copy. (Hallas, when contacted, distanced himself from direct involvement with the issue of closure and indicated he was only knowledgeable about the bid process.)

On May 6, Archibald said, "We have not had a formal application from the TNG for any kind of assistance with this ferry. So, really, until that happens, I cannot comment on the specifics of this case."

She made it clear, however, that the government was only talking about a formal application for program funding to operate the ferry. She sidestepped the question of fiduciary duty.