Implementation of
the Commission Recommendations
Before the
recommendations could become official
or be implemented they had to be approved by both governments, which
proved to be a difficult process. The Provincial government complained
that too much land was allocated for the Indian reserves despite the
fact that they stood to gain financially from the sale of better
quality cut-off lands. The province also objected to the requirement of
First Nations' consent for cut-off lands despite the legal requirement
for such consent. The testimonies and subsequent meetings also show
First Nations' rejection of the Commission's authority to reduce
reserve sizes.
The
Dominion Indian Affairs Settlement Act of 1919
and the British
Columbia Indian Lands Settlement Act of 1920
were passed in
an attempt for both governments to claim the power to adopt the
recommendations of and make changes to the Royal Commission Report.
Through these Acts, the Governments also claimed the power to cut off
lands without consent, in opposition to the existing laws requiring
consent and ignoring Aboriginal Title.
The Dominion and
Provincial government were at
odds again. Duncan Campbell Scott, Deputy Superintendent General of
Indian Affairs, recommended a joint review of the Royal Commission
Report. W. E. Ditchburn, Dominion appointee, and Col. J.W. Clark,
Provincial appointee, were given this responsibility along with
anthropologist James Teit, was appointed to represent the interests of
the First Nations.
Between 1920 and
1924 Ditchburn and Clark jointly
reviewed the Royal Commission Report and gathered additional evidence
and testimony. Teit died in 1922, leaving First Nations without any
representation. Ditchburn and Clark made amendments and adjustments to
some of the original recommendations including further reductions to
reserves amounting to approximately 10,000 acres and reductions to the
amount of land for new reserve acreage. Notably absent from their final
report was the issue of Aboriginal Title. The Ditchburn-Clark Report
was stepping-stone toward an agreement that was acceptable to both the
Dominion and Provincial governments, without consideration of First
Nations interests. On July 19, 1924 the McKenna McBride Commission,
with the recommendations from the Ditchburn-Clark Report, was finally
adopted. In total 35 cut-offs were made from 23 Bands belonging to 15
Agencies.
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