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Aboriginal land claims threaten grazing leases

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Published: May 28, 2015

B.C. cattle producers worry the pending settlements could decrease their land value

MERRITT, B.C. — Some British Columbia ranchers are learning that their grazing agreements could change as more aboriginal land claim settlements are completed.

Roger Patenaude, a rancher from 150 Mile House, has learned that one-third of his grazing tenure is under claim, although the final agreement could take years to settle. In the meantime, he does not know if he will have rangeland in the future or how it may affect his livelihood.

Ranchers who rely on crown grazing land have faced this issue since 1993, when First Nations land claim negotiations began. Uncertainty now clouds their future as some treaties near completion.

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Patenaude wants to know what sort of compensation he might be offered and argues that the province should be held responsible.

“This is a thing all of B.C. has to share, not just the tenure holders,” he said at the B.C. Cattlemen’s Association annual meeting, which was held in Merritt May 21-23.

“We have to get together as a group and we have to go to the government with mitigation and compensation. We can’t let government come to us with a mitigation,” he said.

Don Moses, a First Nations rancher and a member of the Nicola Stock Breeders Association, said these land claim disputes go back more than a century and need to be resolved.

“Many of the early ranchers took advantage of First Nations people. We weren’t allowed to vote and we weren’t allowed to preempt land,” he said at the meeting.

Land settlements give First Nations the right to exclusive use and jurisdiction to manage the land and resources.

Moses urged individual ranchers to meet with First Nations groups if licences are affected and ask if they plan to continue offering grazing permits.

“They are people just like you. Sit down with them and ask them if they will continue the licence,” he said.

“Don’t be so proud that you can’t sit down with your neighbour. You are just making it difficult for yourself and your family and your neighbourhood.… Communication will solve a lot of problems if you are willing to do it.”

Grant Huffman, who chairs the BCCA’s aboriginal affairs committee, said there is considerable uncertainty within the ranching community, which relies heavily on thousands of acres of provincial land for grazing. Negotiations between government and each band take many years and are complex.

Groups such as cattle producers have observed on the sidelines since the process started, even though the outcome affects their future. That may have to change.

“We need to enter these negotiations with a relatively positive attitude and recognize that we will have to be involved,” he said.

“We realistically need to recognize the fact that these are going to go ahead, and what we need to do is be prepared and be respectful and reasonable. Hopefully all sides in this will be that way.”

The BCCA cannot be directly involved, but he said it could offer affected individuals information and options. A small number of tenure holders are significantly affected, and they have not heard any solutions.

“Their tenure is at risk with no indication about mitigation,” said Mary MacGregor, a Kamloops lawyer who works with the agricultural community.

“The expense must come from the entire society and not at the expense of the neighbours,” she said.

A particular concern is how pending settlements may affect the market value of land. The uncertainty could drive down prices.

MacGregor said the government needs to consider interim measures.

“I do have a concern the very small family farms will not have the re-sources or know where to turn to get help or advice,” she said.

barbara.duckworth@producer.com

About the author

Barbara Duckworth

Barbara Duckworth

Barbara Duckworth has covered many livestock shows and conferences across the continent since 1988. Duckworth had graduated from Lethbridge College’s journalism program in 1974, later earning a degree in communications from the University of Calgary. Duckworth won many awards from the Canadian Farm Writers Association, American Agricultural Editors Association, the North American Agricultural Journalists and the International Agriculture Journalists Association.

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