BC Ferries Investigating Damage to First Nations Midden and Arbutus Tree

BC Ferries is investigating what went wrong after workers doing construction on Hornby Island partially dug up a First Nations midden and cut down a mature arbutus tree.

Middens and Arbutus Trees Protected

Middens are mounds of shells, bones, and Indigenous artifacts, and are protected from damage or excavation under the B.C. Heritage Conservation Act.

On Monday, island residents engaged in a heated exchange with BC Ferries staff, part of which was captured on video by island resident Julian Laffin.

“I was shocked, first to hear that the large arbutus was cut, seeing as I thought they were a protected species in B.C., especially one that size,” he told Global News.

“And then also when I arrived to see that the area had been all dug up and excavated to try and remove the stump, and (they) just made a total mess of it… Most of the people there were upset, it was emotional for sure.”

In the video, staff can be heard apologizing to islanders. The planned work was meant to trim back several trees in support of the installation of an improved cistern to provide water to a BC Ferries terminal, staff can be heard saying.

“It’s a big mistake, we’re trying to understand where the breakdown happened because this is not what we intended,” a worker can be heard saying. “We had a breakdown with the contractor, and that’s where we are at fault.”

In a statement, the K’ómoks First Nation said the midden, known as Clack da oo (Shingle Spit), is a “well-documented, significant archeological site” on the site of a major ancestral settlement.

“This village site, like many others in our Territory, has suffered irreversible impact in the past, including the recent disturbance of ancestral remains at a nearby private development,” the statement reads.

“We are very disappointed whenever we hear that work is being done in our Territory without following our Cultural Heritage Policy. Our policy protects our cultural heritage in ways that the Heritage Conservation Act does not.”

The statement goes on to say the nation takes it as its duty to protect ancestral remains and cultural heritage in accordance with its own cultural beliefs and stewardship obligations.

BC Ferries’ Response

Speaking at BC Ferries’ annual general meeting, ferry service CEO Nicola Jimenez said he was “concerned and frankly disturbed” that the midden was disrupted.

“We’ve sent teams up to the location in order to work with the local First Nation and the community and also to understand ourselves where our processes broke down such that this work began without the proper approvals and awareness within the company that it was happening,” Jimenez said.

Brian Anderson, vice-president of strategy and community engagement for BC Ferries, said the company held a meeting with local Indigenous leaders on Wednesday to walk the site and to develop a path forward.

“We’ll be supporting the nations in the coming days in those deliberations to see how to move forward,” Anderson added. “Clearly the parties were upset — including ourselves, this is something we take seriously.”

Anderson said the work at the site was supposed to involve trimming several trees along with some limited ground works, but that something went wrong in the pre-planning stage.

“Our requirement to ensure that any ground disturbance or tree removal consider a written project plan that includes a review of any potentially cultural or archaeological significance be factored in. That did not occur, and that is a failure,” he said. “I am deeply disappointed and frustrated. We are responsible for ensuring the stewardship of the lands and the waters.”

Anderson said BC Ferries will conduct a full investigation into what went wrong and is continuing to work with the First Nation on how to remediate the site.

It said it is still working with BC Ferries to understand exactly what happened at the site.