Cheslatta grave flooding continues

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Traditional graves at the old Cheslatta reserve are flooding again this year, adding more fuel to the British Columbia band's 40-year-old drive for a fair land settlement.

Only 87 of the original graves in the three separate cemeteries remain after years

of flooding, caused by an aluminum smelting development.

"It is against the law," said Marvin Charlie, chief of the small band now centered on several small reserves around the northern city of Prince George.

"The Criminal Code and the Cemetery Act is very specific about graveyard desecreation...They send people to jail for such offences."

The process that led to the erosion of the graves began in 1952, when the Aluminum Company of Canada - now known as Alcan - temporarily dammed Cheslatta Lake for its Kemano hydro project.

An estimated 30 graves at one of the sites were washed out in 1957 when Alcan released water into Cheslatta River. Alcan released water to deal with federal concerns that the Kemano project was having negative effects on the region's salmon fishery.

The move washed away at least 17 graves, according to Indian Affairs records

of the time released by the band. Band members estimate the number of lost graves at

30 and say coffins and grave houses were found floating in the water. They also said bones, crosses and debris washed up on the shore for years following the incident.

In a letter to Indian Affairs in the spring of 1957, Robert Skin, a provincial delegate to the Native Brotherhood, wrote: "We have seen for ourselves the graveyard that used to be at Cheslatta No. 9 Reserve. It's all gone and we don't know where the dead have gone....All the dead have floated away and gone ashore somewhere."

"People ask us why we are making a fuss now," Charlie said. "This desecration has been occurring for 35 years...They don't know how long we have been fighting this."

The Cheslatta band has ben seeking a fair land claim settlement since 1952 when members were forced to leave their traditional homes by Alcan's Kemano project.

Indian Affairs records suggest compensation agreement were reached between

the band, the government and the company about the same time flooding began. But

band research and outside analysts are alleging that many of the original land surrender documents were forged, likely by government officials.

The band also said it never received the promised full compensation. Band research also indicates the native people affected by the development were offered less than white people the project forced to move.

Ottawa agreed to negotiate a specific claim with the band in 1987, but negotiations broke down in 1990. There has been no action on the claim since, said band manager Mike Robertson.

"We are really pissed off," he said. "If they don't come back to the table real soon, we are going back to court."

The band has its case before the courts in British Columbia. The action is temporarily on hold while the band sees if a federal promise to negotiate goes anywhere.