K’omoks Treaty Act re-ignites historic boundary dispute

By Grant Warkentin

Despite years of warnings from Campbell River-area First Nations, the province’s latest move to implement the K’omoks treaty is causing more discord.

This week the province introduced the K’Omoks Treaty Act, one of the last steps to make BC’s eighth modern treaty signed with First Nations official.

“Together with K’ómoks, this treaty will create opportunity, jobs, prosperity and certainty for our beautiful province,” said Premier David Eby in a statement.

Northern nations versus southern nations

However, nations in Campbell River and north have been raising their concerns with the treaty for years, particularly the inclusion of lands they consider theirs by right of conquest.

In July 2024, shortly before the K’Omoks First Nation, Canada, and BC initialled the treaty, Wei Wai Kum elected chief councillor Chris Roberts issued a statement calling for the ceremony to be delayed. He suggested the K’Omoks are using the treaty to take back lands that were claimed by the Laich-kwil-tach people after fighting for it, driving out the Salish people in the early 19th century.

“The four main Laich-kwil-tach tribes had their own respective areas that they would use and occupy independently, they would often at times travel together and during early times would spend the Winters together at Topaze Harbour (Tekya). The Laich-kwil-tach were notorious for waging warfare together and raiding of various Salish origin tribes to the south,” according to a research report posted online by the Wei Wai Kum nation.

“In fact, it was an aggressive migration southward of the Laich-kwil-tach which displaced Salish tribes from areas of Loughborough Inlet, sites along the Johnstone Straits, Kelsey Bay, Quadra Island and Campbell River. The reasons for this southward migration of the Laich-kwil-tach are not clear but it is evident that this occurred into periods right up the mid-19th century.”

Northern nations’ concerns ignored

Despite their concerns the treaty process continued and on March 5, 2025, hereditary chiefs representing the Wei Wai Kum, Wei Wai Kai, and Kwiakah Nations, along with descendants of the Walitsama people, issued a joint statement calling for a halt to the treaty process.

“We will not stand by as our lands, waters, and resources are taken from us. The K’ómoks Treaty

is a direct attack on the Liǧʷiłdaxʷ̌ [Laich-kwil-tach]. We will respond accordingly, with the same strength and resolve that our ancestors showed in protecting our territory,” they said.

The heart of the issue is a dispute over territory in Sayward along the Salmon River, far north of the Oyster River, which was established in the early 19th century as the north-south boundary between Laich-kwil-tach and K’Omoks territories.

“Our ancestors conquered and pushed the K’ómoks southward. Now, they seek to manipulate the modern treaty process to rewrite history, lay claim to our land at Salmon River, and establish rights in our territory where they have none,” says the joint statement. “Salmon River, Xʷəsəm, is the home of the Walitsama and the ancestral seat of at least six of our hereditary chieftainships.”

The northern nations say the K’Omoks claim on the Salmon River lands is based on an agreement made in 1940.

“In 1886, Canada granted a Reserve to the Liǧʷiłdaxʷ at Salmon River. In 1940, three of the Liǧʷiłdaxʷ Members at Salmon River conditionally agreed to amalgamate with K’ómoks on the condition that there be two chiefs and that K’ómoks Reserves and assets be shared,” says the joint statement. “K’ómoks and Canada have not upheld their commitments and are now trying to claim the Salmon River Reserve for their exclusive ownership.”

The northern nations are worried the K’Omoks will block them from using the Sayward site.

“If the K’ómoks Treaty is implemented, it will give K’ómoks exclusive ownership of the Salmon River Reserve which was originally granted to the Liǧʷiłdax̌ʷ in 1886 and which is the site of Liǧʷiłdax̌ʷ grave sites, Bighouse remains, totem pole remains and family sites,” they say. “In other words, the K’ómoks Treaty would give K’ómoks fee simple ownership to the Salmon River Reserve and the right to deny entry to Liǧʷiłdax̌ʷ members to visit their ancestral home and gravesite areas and for Liǧʷiłdax̌ʷ Hereditary Chiefs to hold potlatches and feasts at the sites at which their chieftainships are based.”

Legal action unsuccessful

The chiefs filed a court injunction in BC Supreme Court to try and halt the treaty process, but it was dismissed by the judge in March 2025. The province has not addressed their concerns publicly.

With the Treaty Act now before the legislature, MLAs will be able to debate the bill. If it passes and is enacted, the treaty could come into force in 2028 or later.

Treaty costs

The K’Omoks treaty will provide the K’Omoks First Nation more than $90.5 million in one-time funding. It also ensures the nation will receive $6.2 million per year in ongoing federal funding “to support the functions of self-government,” $600,000 in ongoing funding “to support fisheries implementation activities,” and $56,000 annually from the province for 16 years “for ongoing park operational funding” starting sometime after 2032.

For details about the treaty, and where the funding is going, visit the province’s statement about the treaty act.

The K’ómoks First Nation has 354 members, with 106 residing on reserve according to the latest available data.

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