The χʷɛmaɬkʷu (Homalco) First Nation has filed a legal challenge in the Supreme Court of British Columbia, alleging the province failed to consult them after archeological remains were discovered at a construction site in Campbell River last December.
The First Nation ancestral remains – estimated by the nation to be about 1,230 to 1,650 years old – were uncovered during site preparation by the development company C.R. Horizon, which is building an apartment complex in Willow Point on South Island Highway.
Instead of the provincial government enforcing a proper consultation process, the nation said it learned about the archaeological site from a newspaper article published by Campbell River Mirror in January 2025.
READ MORE: Centuries-old First Nations burial discovered at Campbell River construction site
“The province did not reach out to our referrals department to conduct consultation, which they should under (the Declaration on the Rights of Indigenous Peoples Act, or DRIPA)," said Homalco Nation Chief Darren Blaney in a statement on Monday (July 21).
In British Columbia, DRIPA aims to protect Indigenous cultural heritage, such as archaeological sites, and ensures that Indigenous peoples can access these sites to protect and manage them.
When archaeological remains are discovered during development, it triggers a process to protect and manage these sites, according to the province. Development activities must be stopped immediately, and the BC Archaeology Branch must be notified. Developers must then obtain permits and conduct archaeological impact assessments in many cases.
In addition to not following the DRIPA process, the Homalco Nation claims the remains were not held at the Campbell River Museum as the permitting process requires, but were instead in the possession of the Wei Wai Kum First Nation.
"The Archaeology Branch failed to uphold its duty of due diligence and consultation with χʷɛmaɬkʷu and made decisions that unjustifiably favour the Wei Wai Kum First Nation," Blaney claims.
“Throughout this process, our leadership has communicated clearly with contractors, the province, and other First Nations. We have acted in good faith to seek resolution, but the outcomes have not respected our rights or protocols. By petitioning the court for judicial review, we are seeking a respectful and fair resolution to ensure that our ancestors are honoured in accordance with those rights and protocols.”
The Nation said it believes the remains belong to their North Salish ancestors and should be cared for according to North Salish protocols and customs, as the Homalco people "have lived on and stewarded these lands, waters, and resources since time immemorial."
The province has yet to file a response to the claim.
In January, a Campbell River resident who lived next to the construction site contacted The Mirror, expressing concerns about the excavation process and the treatment of remains. The contractor told The Mirror that the company had been working with both the Wei Wai Kum and We Wai Kai First Nations, with archaeologists at the site almost daily since 2021.
This is not the first archaeological remains to have been discovered recently in Campbell River. In 2019, a midden – archaeological evidence of former First Nations communities – was unearthed while the city was installing sewer and water piping on Highway 19A near Rotary Beach Park.
