Construction to continue on burial site

Page 2

The Nanoose First Nation and a Vancouver Island developer have agreed

on a deal that allows construction to continue at a condominium project

on a Native burial site that's thousands of years old.

The tentative deal is the latest move in a battle between the band and

IntraWest Development Corp. over Craig Bay Estates near Parksville, a

scenic resort town north of Nanaimo on the east coast of the Island.

The builder had been given approval to build 500 housing units on the

private 70-hectare property.

But on one seven-hectare patch on the waterfront, the company unearthed

110 skeletons, most curled in the fetal position, and the partial

remains of 37 others during initial excavations.

The bones were dated between 2,000 and 4,000 years old and as many as

1,200 people may be buried there. More than 14,000 artifacts, such as

arrowheads and ceremonial bowls, have also been found on the site.

The band wants the digging stopped to prevent further desecration of

the burial grounds. It set up a blockade early this month to prevent

construction workers from reaching the site, where 10 waterfront condos

have already been built.

The band also tried, but failed, to get an injunction for the B.C.

Supreme Court to prevent further digging, arguing the provincial

Cemetery Act prevents the disturbance of burial grounds.

But the province is siding with IntraWest. The government and the

developer have offered to rebury the bones on a nearby 1.5-hectare site,

provided by the developer.

Culture Minster Bill Barlee, who has jurisdiction over the project,

said it was "a proposal which I think was more than a reasonable one."

The developer has asked the courts to grant an injunction against the

blockage. That's to be heard June 12.

But Barlee hopes the battle can be resolved through negotiations. And

he warned the band will have to tone down its position.

"What was once an issue for negotiation has now become a list of

demands," he said.

In the meantime, the tentative agreement allows the pickets to remain

while construction continues, with the understanding that work be halted

if more remains are found.

"They're cutting off something very spiritual and central to our

beliefs," he said. "Our religious beliefs are being trampled."

He pointed out that cemeteries are normally protected by law, except

when they're Native burial grounds and called "archaeological sites,"

meaning the graves can be moved if archeologists ensure bones and

artifacts are removed.

Said Edwards: "The local heritage society commemorates a 50-year old

building and the first white settler 100 years ago. This is 3,500 years

of First Nations heritage. Laws protect European cemeteries but not

First Nation skeletal remains."