By Jared Nyberg - June 25, 2011

When researching this article, it came to light that after the 2006 Bear Mountain cave incident (in which a sacred shamanic cave was blown up by developers and the Archaeology Branch) the Tsartlip were no longer being consulted in land use decisions. The BC Archaeology Branch explained to this writer that the Ministry of Aboriginal Relations had declared the Tsartlip did not have “first tenure” to the area and did not need to be consulted. The Ministry of Aboriginal Relations denied using such language; they told me the Archaeology Branch was lying.

The Bear Mountain Interchange (currently rebranded to the Spencer Road Interchange) sits in limbo and is Langford’s Bridge to Nowhere. Local First Nations involved have been left with very little recourse to protect their cemeteries, spiritual sites, and historical village sites. For the most part, these sites have been blown up, desecrated, and made inaccessible. The City of Langford, the British Columbia government, and the Bear Mountain development team have been committing what Songhees activist Cheryl Bryce calls “cultural genocide.”

The development of this sacred mountain has seen the destruction of gravesites (says Eric Pelkey, traditional chief of the WSANEC), the wholesale dumping of suspected cultural sites to be sifted through out of the way by archaeologists (the move of archaeological sites this way is illegal under the Heritage Conservation Act), and the cementing over of perfectly safe caves under the auspices of public safety, a move that was unacceptable to the Tsartlip and other local Nations.

A very famous instance in 2006 occurred when the Bear Mountain development approached a shamanic cave of the Tsartlip near the mountain summit. Used since time immemorial for sacred purposes too intimate to disclose to the public, the Tsartlip requested solidarity from the Songhees, Esquimalt, and Sen’co’ten Alliance to protect the area. The ensuing moves to protect the cave saw a blockade and the cave’s eventual destruction.

In reality, all of Spaet Mountain (Bear Mountain is the corporate name and Skirt the British Columbia name for this mountain) was the site of very personal exchanges with the planet, spiritual journeys, and, ironically, a highway of sorts for travelers further up the island to travel across to visit cousins like the T'Sou-ke. When canoes were the preferred medium of travel, winter meant that the people would park their canoes in the calm inlet near the mountain, and make their way across this very direct access route on foot. As a result, there are culturally modified trees, caves of important spiritual purpose, burial sites, and a plethora of reasons why what is now called Bear Mountain is a site that, if the current destruction continues, has serious cultural ramifications.

The 2006 blockade and precipitating dialogue that took place is the closest to consultation with the Tsartlip and the other Nations that has taken place to date. Len Barrie, owner of the now defunct LGB9, responsible for developing Bear Mountain, famously preceded talks in a Times Colonist article with the words: “If we want to blow up a cave and put up a hotel, we will” and “What are you going to do, go around and get permission from the First Nations to do everything? Not a chance. It’s not how the world works.” Les Bjola, owner of Turner Lane Development Corporation and development manager for Bear Mountain Resort, insisted at the time that: “There are no caves on this mountain”.

Barrie promised not to blow up the cave at a longhouse meeting with local First Nations after the gravity of the situation was made clear to him. However, later talks took place for the most part behind closed doors. Indian Act Chiefs (Chiefs voted in via an election process forced on First Nations communities by the federal government, basically the equivalent to Nazi Germany’s puppet government in France) and developers, along with City of Langford officials came up with a Draft Agreement. However, the agreement drafted had no protections for the cave or other sacred sites. The Tsartlip and Sen’co’ten Alliance communities refused the Agreement as a result. Songhees Chief Robert Sam and Esquimalt Chief Andy Thomas signed off and chose to allow for the continued destruction of the mountain and cave, blaming “young people” from within their communities for the dissent.

They went in the direct opposite direction of Songhees activist Cheryl Bryce and her efforts toward protection and preservation of sacred lands, and that of the Tsartlip’s. Thus, The Songhees Chief Robert Sam became Bear Mountain’s symbol of First Nations agreement. It should be noted that the cave was not Sam’s to give away. It should also be noted that the Tsartlip were offered $6 million dollars in infrastructure investment if they signed the agreement. They chose to protect the cave by not signing the Agreement with Sam and Thomas. Afterward, the Tsartlip were excluded from the process of deciding what was okay and not okay to desecrate on Bear Mountain and the cave was destroyed.

The current political paradigm treats First Nations as if they were one homogeneous group; however, this could be considered akin to treating all “Asians” as one political entity in its gross oversimplification of the actual situation. Each Nation is entirely different. When researching this article, it came to light that after the 2006 cave incident, the Tsartlip were no longer being consulted in land use decisions. The BC Archaeology Branch explained to me that the Ministry of Aboriginal Relations had declared the Tsartlip did not have “first tenure” to the area and did not need to be consulted. The Ministry of Aboriginal Relations denied using such language, thereby insinuating that the Archaeology Branch was lying.

When questioned about this issue, the new Minister of Tourism, Sports and the Arts, Bill Bennett, wrote via email that “Members of the Tsartlip, Songhees and Esquimalt First Nations communities have participated in archaeological field studies at Spencer Road. The Tsartlip will again be involved should there be any follow-up archaeology.” It is unclear whether Bennett believes that exclusion has not taken place, or whether it will no longer take place after occurring for a two year window.

When questioned about many indigenous people’s concerns with the sacred sites and burials, Bennett wrote “Results of the archaeological studies of the Interchange and nearby properties indicate, at this time, there are no known conflicts with archaeological sites protected by the Heritage Conservation Act (HCA).” This email response conflicts with information supplied by First Nations experts.

Coming back to the 2006 cave incident again, it is important to note that Tsartlip shamans would not leave anything behind when they used the cave as that would go against custom. The director of the Archaeology Branch, Justine Batton wrote to the Tsartlip, shortly before desecrating the cave ostensibly “to preserve it”, “As I advised previously, the Heritage Conservation Act does not protect sacred sites that contain no physical evidence of use or habitation. Before we know whether this cave does fall within the protection of the Act an impact assessment needs to be completed and this can only be done safely by removing the roof of the cave. This work will recommence on the site.” The cave roof was removed and Les Bjola told reporters “The cave can no longer be called a cave”. After all the work of blockading and discussing protections for the cave, the Archaeology Branch and Chiefs Sam and Thomas made way for its destruction.

The Tsartlip lands manager at the time, Wendy Edwards, explained that history and past usage is not a role for culture that somehow ends in the present day. Usage is an ongoing thing. Spaet Mountain is a living cultural icon for the South Island First Nations people, and protecting it is not just about preservation, but allowing for its continued use.

Speaking on the Spencer Interchange, Songhees member Cheryl Bryce wrote “My ancestors and their remains are continually disrespected and displaced and our sacred sites and homelands are continually desecrated.”

To this day, whenever questioned about the indigenous cultural genocide taking place on Bear Mountain, and the destruction of spiritual history, Chiefs Robert Sam of the Songhees and Andy Thomas of the Esquimalt are cited as being one hundred percent behind the project by Langford Mayor Stewart Young. However, this is not the case.

Hereditary Chief Eric Pelkey says gravesites have been disturbed and has serious concerns about Langford Lake Cave, another spiritual site, which has suddenly been declared unsafe, barred and cemented up. Cave specialists and First Nations specialists said the cave was safe and are horrified it has been closed. It has been heavily damaged by the blasting taking place nearby. It is one of seven remaining caves in the Victoria region that Dominion of Canada specialists are aware of, and it is home to million year old karsts rock formations.

Minister Bassett wrote in response to concerns that First Nations specialists were not being properly respected in their jurisdiction over keeping the cave open. He supported Langford jurisdiction over First Nations cultural sites by stating via email in 2009 that, “The decision by the City of Langford (City) to restrict access to the cave in the interests of public safety is based on the professional opinions of a geologist and a mine safety expert. Members of the Tsartlip community wishing access to the cave might consider approaching the City to discuss this municipal matter.” Bassett considers this sacred cave, owned by the Tsartlip for hundreds of years before the occupation, a municipal matter.

Calling this a municipal matter is denying the rights of Tsartlip and other Nations over the cave. Considering that the cave was regularly visited by schoolchildren and cave specialists, as well as indigenous peoples, frames the closure as political and for the Interchange, rather than for public safety.

The desecration of Spaet could be equivocated to some random person knocking down Jerusalem and building condos to make way for development. Devastation and irreparable harm is being visited on sacred sites that have existed since the beginning of time. Langford City Council has a bylaw currently being fought by activists in court that will have another 2800 homes on Spaet Mountain. One wonders what kind of deculturalised, cement vision Langford City Council has for the indigenous peoples’ sacred spaces and for our childrens’ shared futures.