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[dennisK]

There was a court case a few years ago in the USA brought on by surfers who wanted beach access that was privately owned. They won the case after several years. Public access beats private rights.

That made me think about access to public parts of rivers that pass thru private lands. But in my case I wanted to access some river spots that passed thru Squamish Indian land.  The actual fishing spot was definitely not indian land but access was only possible by a 5-10 minute WALK (no car) on their land. I remember I got turned back by a few members of the tribe that had a roadblock setup.

So I'm wondering  - do any public rights exist for passage thru Indian land in Canada?

I know this maybe controversial and a very specific; legally speaking - but does anyone have knowledge on this access issue?

thanks

[GordJ]

Are you asking if you have the “right” to trespass on private property?

[RalphH]

short answer is no. US case law does not have any precedent in Canada but can be used in a legal argument in court. Access via water below the normal high water on FN reserve land may may be ok. By water - boat, canoe kayak should be ok.

FWIW there are sections of dyke in Squamish that are posted though I have seen locals regularly walking their dogs etc there. In the Fraser Valley where I experienced issues those disappeared once the Regional District spent time and money to upgrade the dykes.

Suggest you call the Band Office and ask if you can use the road trail or whatever to reach a fishing spot. Being pissy with them is one sure way to get accessed denied.

[dennisK]

Are you asking if you have the “right” to trespass on private property?

Yes actually. If the private property is blocking the public access to public areas. Check this out.

https://vancouversun.com/opinion/columnists/douglas-todd-u-s-billionaire-again-battles-to-stop-trespassers-on-his-giant-b-c-ranch

[wildmanyeah]

Yes actually. If the private property is blocking the public access to public areas. Check this out.

https://vancouversun.com/opinion/columnists/douglas-todd-u-s-billionaire-again-battles-to-stop-trespassers-on-his-giant-b-c-ranch

not the same, this case is unique in that there was a public road established to the lake that was blocked off.  The province totally dropped the ball on this one.

[RalphH]

I think it is a mistake to equate FN reserve land with Private Property. In terms of property rights normal fee simple property is actually below FN reserve land.

[Knnn]

Reserve lands are owned by Canada and have been set aside (by her royal majesty) for the sole use and benefit of a band.   This includes exclusive use and occupation.  Interest in the land may be held by a collective First Nation (as Band Land) or an individual band member (as defined by the Indian Act) who has been granted an allotment to use and occupy the land as they wish.  They have lawful possession of the land parcel within the reserve and are often issued a Certificate of Possession" and may be referred to as CP Holders. 

Although legal title to the lands (Band or CP Holder) remains with the Crown, the Band and CP holders have the authority to do what they wish with the land, within the proviso of the Indian Act and other Canadian Acts and regulations, including restricting or preventing access to their lands.  CP holders can even prevent the Band, their representatives or other members from accessing their lands.

If you are concerned about crossing Reserve lands, make sure you know exactly where the boundaries are. Download and install the Canada Lands NRCAN KMZ goodle earth plug in that shows all federal and FN land boundaries. 

https://www.nrcan.gc.ca/maps-tools-publications/maps/data-canada-lands-surveys/11092

Scroll to the middle of the page and look for the "Canada Lands in Google Earth" link.

I think many people will be surprised that they have been fishing on reserve lands.  A significant example is the west side of the Capilano River, south of the rail crossing, which is owned by Squamish (it's part of Capilano IR5) and they could, if they wished, prevent anyone from fishing there.  Another is the north side of the Vedder River near  the On-the-Way Store.

If you have to cross reserve lands, as previously suggested, contact the band and ask permission.  If you are polite, acknowledge that it is their land and you will be respectful and will leave the trail and river in a better condition than you find it, you will likely get a positive response.   Unfortunately with bands like Soowahli, they have had such a long history of their property being abused, you may not have much luck there.

Regarding the OP's original question regarding Squamish land, there is a historic sensitivity to crossing Kowtain IR17, Aikwucks IR15, Waiwakum IR14 and Checkamus 1.  I believe the Nation put up signs a few years ago (~5-6 ?) along a trail that provided public to access the Squamish River located west of Kowtain.

I don't know if the Canadian Navigable Waters Act provides protection to access water adjacent to a reserve as long as you can hike in from none reserve or fee simple lands.  The act allows the public to travel freely below the high water mark along all waterways that are navigable by canoe. Being a Canadian statute, I presume it would, but do not know for certain.

[Blood_Orange]

Thanks Knnn for a ton of interesting info!

[RalphH]

Thanks Knnn for a ton of interesting info!

+1 - that Google over lay is fabulous.

[GENERAL-SHERMAN]

Here’s an interesting read . It’s not like the First Nations are blocking access for nothing . I’m positive they are getting paid . Yes they are vulnerable due to living/ health conditions but is anyone really going on reserves anyways? There’s places I frequent as a fisherman and hunter where I have to pass by reserves and am no longer able to due to this bs.  https://www.sac-isc.gc.ca/eng/1585189335380/1585189357198 shows how much money is being spent on such things .

[dennisK]

Here’s an interesting read . It’s not like the First Nations are blocking access for nothing . I’m positive they are getting paid . Yes they are vulnerable due to living/ health conditions but is anyone really going on reserves anyways? There’s places I frequent as a fisherman and hunter where I have to pass by reserves and am no longer able to due to this bs.  https://www.sac-isc.gc.ca/eng/1585189335380/1585189357198 shows how much money is being spent on such things .

According to the Fed gov't page almost $60 million has been given to first nations in BC so far.... Interesting. I was wondering why the musqueam (in south van) have had a very nice portable dwelling along with their road block for the past several months. That's definitely a few thousand billable hours to the government relief fund.

I used to get access to the fraser with my kayak for 20 yrs via their land no problem. I even had a few friends there but sadly they were old timers and they passed away...but Now I get turned back. In fact the young buck and his friends (all in 20s) who were manning the blockade that day were surprised I was "ever" allowed to access "their river". So much for building bridges.

[RalphH]

"Young buck?" Gee whiz I haven't heard that sort of terminology since the 1960s? How do you refer to the women?

Heard today the Federal Government has shelled out well over 80 billion in CERB benefits since March. Puts those little FN bucks ...er I should say dollars into perspective... at least for me.

[dennisK]

"Young buck?" Gee whiz I haven't heard that sort of terminology since the 1960s? How do you refer to the women?

Heard today the Federal Government has shelled out well over 80 billion in CERB benefits since March. Puts those little FN bucks ...er I should say dollars into perspective... at least for me.

Proly since "old timer" is used under our username name here on rod's fishing site lol

[GENERAL-SHERMAN]

"Young buck?" Gee whiz I haven't heard that sort of terminology since the 1960s? How do you refer to the women?

Heard today the Federal Government has shelled out well over 80 billion in CERB benefits since March. Puts those little FN bucks ...er I should say dollars into perspective... at least for me.

I’m sorry are First Nations exempt from CERB? For the percent of population First Nations account for that seems like a lot of money to me .. no doubt the Liberal government is overspending in many areas as usual. It would be nice if they could find 60 million  to put back into enhancement and salmon stocks In BC.  I think that would help First Nations more than paying them temporarily for A job that isn’t required.

[RalphH]

I’m sorry are First Nations exempt from CERB?

I don't imagine they are nor neither did I say or imply that to be the case.