The nation filed a specific claim earlier this month with the government, citing “illegal and unauthorized” use of its land to build the Pacific Rim Highway on central Vancouver Island, beginning in the late 19th century. The Pacific Rim Highway, also known as Highway 4, today connects the east and west coasts of the island between Qualicum Beach and Tofino. Tseshaht elected Chief Ken Watt says the federal government not only allowed the province to build a road through the First Nation’s reserve in 1889 without consultation, but also never compensated the nation for the use of its land. “Since 1890 we’ve had serious concerns and incidents that have happened along this highway … and we’ve shared our concerns, but the federal government has allowed it despite our opposition,” Watts told CBC’s On The Island.

Specific allegations

A specific claim refers to a claim made by a First Nation to redress past wrongs committed by the Canadian government against First Nations. Watt says the claim is an opportunity for Canada not only to accept responsibility for its mistakes, but to ensure his nation is compensated “for the loss of its reserve lands for this increasingly popular highway.” The federal government has three years to determine whether to accept the claim. In a statement to CBC News, Crown Indigenous Relations and Northern Affairs Canada said it has received the claim and is “committed to reviewing [it].” “Working together to resolve historical grievances through the specific claims resolution process is fundamental to advancing reconciliation in Canada,” he said. According to a Tseshaht territorial map, Highway 4 runs about 70 kilometers through the nation’s land, from just east of Cameron Lake to near Sutton Pass. Watt said the nation has consistently expressed concern about the highway’s effects, “including increased pollution, littering and vehicle accidents” that disproportionately affect Tseshaht members.

An agreement with the province is requested

The First Nation is also asking the province for an agreement with the First Nation for the future use of Highway 4. “If we put a tollbooth in there and charged a dollar for every person that went, we’d be pretty good,” Watts said. “Until today we do not have an agreement with the BC province [and] we were never compensated.” CBC News has contacted the provincial Department of Transportation and Infrastructure for comment.