A North Kamloops property where two skulls were uncovered last summer has become more than a local land dispute — it has become a case study, according to one lawyer, in how British Columbia’s legal landscape has shifted dramatically toward Indigenous claims, with little room for landowners to challenge outcomes.
Christine Elliott, a commercial real estate lawyer with 40 years of experience in B.C., says what her client has encountered is not just an archaeological issue — it is a structural legal shift.
“We used to have one version of legal title in this province,” Elliott said. “The Torrens system. You look at the Land Title Office, you know who owns what. Now we have two systems running alongside each other — private land ownership and First Nations claims — and they are in collision.”
From science-based to designation-based
When the skulls were discovered, the property was quickly registered as an archaeological site under the Heritage Conservation Act. The local First Nation declared it a sacred site the same day.
Elliott retained archaeologist Gordon Mohs, whose preliminary field reconnaissance found:
- No visible archaeological features
- No fire-altered rock, pit houses, roasting pits or artifacts
- No proximity to potable water typically associated with settlement sites
- A 1–1.5 metre sandy layer appearing to be imported fill containing concrete and construction debris
Mohs concluded the remains were likely contained within imported sand fill.
But Elliott says the Archaeology Branch advised that origin does not matter. “It doesn’t matter how the material arrived on the land,” she said. “If ancient remains are present, that’s it. It’s a heritage site and that’s the end of it.”
For Elliott, that marks a shift. “In the past, archaeology was a scientific endeavor. You looked for evidence — charcoal, burned rock, structural depressions. Now we appear to have moved to a model where cultural designation is sufficient.”
Read the full article at Radio NL: “There is no wiggle room”: Lawyer says B.C.’s heritage regime leaves landowners powerless to challenge findings