KFN-SFU collaborative study identifies pathways to enforce Nation-led cultural heritage protection

A new research collaboration between the K’ómoks First Nation and Simon Fraser University highlights how Indigenous cultural heritage policies can protect archaeological sites threatened by development, given inadequate provincial heritage protection laws.

The study, published in the journal Frontiers in Environmental Archaeology, spotlights K’ómoks First Nation’s cultural heritage policy – developed to abate the onslaught of archaeological site destruction in their southern core territory (the Comox Valley, Hornby and Denman Islands) – and the need for provincial legislation and municipal policies to implement Nation-led archaeological site protection.
 
Archaeological sites such as ancestral villages and burial grounds hold evidence of deep histories and connections to place that are inextricably tied to cultural identity. These sites have profound cultural, spiritual, and scientific value.
 
The K’ómoks First Nation’s Cultural Heritage Policy (CHP) and associated archaeology permit system outline requirements for archaeological site investigations and protections that surpass the standards mandated by provincial heritage laws, which many experts and Indigenous communities find lacking.
 
“We implemented the CHP to address a dire need for protection of our cultural heritage sites. We were witnessing and reporting infraction after infraction because the Heritage Conservation Act fails to protect archaeological sites that aren’t already registered,” says Candace Newman, co-author and K’ómoks First Nation Elected Councillor. “We believe the systematic recovery of only 10 per cent of our cultural heritage as required by provincial legislation isn’t enough when so much has already been erased by historical development. We’re seeing an unprecedented boom in development in our territory, and we have the opportunity to protect our heritage now, before all these sites are erased.”
 
Since the CHP program began, compliance has steadily increased. The Nation issued 27 permits in 2021, 42 in 2022, 65 in 2023, and 115 to date in 2024.
 
In 2024, KFN's archaeology and referrals coordinator role was at capacity and was turned into two full-time archaeologist positions to manage the permits, preserve, document and promote K'ómoks' cultural heritage, and to build further capacity by creating archaeological monitoring and research positions. All archaeology positions are self-funded through the permit system, fee for service field work, and academic research collaborations.
 
“This exercise of self-determination by K’ómoks represents a significant opportunity for reconciliation that can be emulated in other regions of the province,” says co-author Sean Markey, professor and director of the School of Resource & Environmental Management at SFU.
 
The study found the CHP provides a pathway to reconciliation and greater certainty for local governments, developers, and landowners regarding land use planning, but there remains a lack of provincial legal backing to enforce the K’ómoks policy. However, K’ómoks’ position is that their duty to protect their cultural heritage is a protected right under s.35 of the Canadian Constitution and that this right cannot be infringed upon or impeded by provincial laws or local government policies.
 
“The K’ómoks CHP, and other Indigenous-led policies like it, provide a clear avenue for better honoring and protecting Indigenous heritage, says co-author Dana Lepofsky, a professor of archaeology at SFU. “However, this cannot be a one-sided endeavour. The provincial government needs to get behind these initiatives to support both Nations and local and regional planners to more fully protect Indigenous heritage.”