Penticton band files land claim

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The Penticton Indian Band has filed for monetary compensation for loss of an area known as the Penticton timber reserve. The multi-million dollar land claim has been filed on 1,100 acres of prime industrial and residential land within the city of Penticton.

In 1877, when reserves were being established, the Joint Reserve Commission created the Penticton timber reserve. The plot of land known as reserve No. 2 consisted of 1,427 acres set aside solely for the use of the Pen-tak-ten people. The claim, filed in early November, alleges an historical misdeed resulted when pioneer settler Tom Ellis illegally erected a fence around 300 acres of the timber reserve. Documents uncovered by claim researchers suggest the rancher complained he didn't like Native people crossing the land. In 1890, Ellis wrote a letter to the province and complained about them.

"My contention is that this portion of the Penticton reserve is of no practical use to the Indians . . . if they persist in crossing my land it will lead to trouble," he wrote. "Under these circumstances I trust you will see the advisability of refusing to sanction the land in question becoming part of the Indian reserve."

The band alleges the chief Lands and Works commissioner at the time, Forbes Vernon, told reserve commissioner Peter O'Reilly to "look favorably" upon Ellis' request. In 1893, Vernon approved O'Reilly's suggestion to cancel a large portion of Penticton Indian reserve No. 2 and to exchange land with Ellis. The 1,107 acres eliminated from the reserve reverted to the Crown. Since then subplots have been subdivided and sold in smaller pieces to private individuals, companies and the municipality of Penticton.

The remainder of reserve No 2 was later cut off by the McKenna-McBride Royal Commission in 1916. In 1982, the Penticton Indian Band reached an agreement with the federal and provincial governments through which some cutoff land was returned and, in some cases, compensated for. The compensation was $14.2 million. , but did not address the issue of the 1,107 acres that was removed from the reserve.

"Obviously we don't expect to get all that land back after all this time, but we do expect to be compensated for it," said director of lands and management, Joan Phillip.