Commission of Inquiry Concerning Certain Matters Associated with the Westbank Indian Band (Canada) : The Commission of Inquiry Concerning Certain Matters Associated with the Westbank Indian Band was established under Order in Council P.C. 1816, dated 12 August 1986, under Part I of the Inquiries Act (R.S.C., 1970, c.I-13) and on the recommendation of the Prime Minister; as amended by Order in Council P.C. 1317 dated 25 June 1987; and Order in Council P.C. 164 dated 28 January 1988. The Commission was mandated to inquire into and report upon: (1) the manner in which the Department of Indian Affairs and Northern Development (DIAND), in headquarters and in the regional and district offices, has carried out its responsibilities and functions in relation to the Band and to lessees and residents on reserves of the Band from 1975 to the present, particularly in relation to: the financial arrangements and transactions including Indian moneys, with the Band; the use of Band lands by Band members, lessees and other residents; the review by the Department of all by-laws made by the Band; and to determine whether these responsibilities and functions were carried out in accordance with law, established policy and generally accepted standards of competence and fairness; (2) the exercise of Band government from 1975 to the present, and in particular: whether there has been abuse of office by chiefs or councillors of the Band; whether there have been conflicts of interest on the part of chiefs or councillors of the Band and whether any conflict should or could have been avoided; consider the impacts of these practices, if any, on the members of the Band and on lessees and other residents of the Westbank Indian Band reserves; (3) the activities of lessees and residents of Westbank Indian Band reserves in relation to the Band, the Band Council and Band members, and in particular: whether these lessees and residents met their obligations to the Crown and to the Band; whether the activities of these lessees and residents contributed to tensions and conflicts with the Band; and (4) to recommend any changes to the Indian Act relating to the management of lands, Indian moneys and by-laws, or to the policies or the procedures of DIAND in relation to the said matters, or any remedies to specific problems, that may seem appropriate having regard to the Government's established policy of supporting and strengthening Indian self-government on Indian lands. The commissioner was John E. Hall. The secretary was Maureen E. Cowin.
In the 1970s, a number of developers entered into leases with the Westbank Indian Band for the development of mobile home parks (trailer parks) on Westbank Indian lands, near Kelowna, British Columbia.
Mr. Leonard Crosby of the Mobile Home Owners' Association and members of the Westbank Indian Band, who comprised the "Action Committee", made allegations about conflicts existing between the executive of the Band and park operators over the way in which rents for leases were determined.
Allegations were made that Ronald Derrickson, Chief of the Westbank Indian Band from 1976-1986, while serving as negotiator for the rent of the band's reserve lands, held a personal interest in some of the land involved. He also raised rents significantly and that brought complaints from several leasees. Furthermore, in 1982 Derrickson was assaulted at his home in Westbank. This incident, and the subsequent arrest and sentencing of the person responsible, received publicity and questions were raised about Derrickson's activities.
In addition, the Westbank Indian Bank was a large depositor with the Northland Bank. The Band, and its development company, took out substantial loans with that institution. Chief Derrickson became a Director of the Northland Bank in 1984, but resigned in August 1985 just before its failure. At that time, several members of the band feared financial ruin due to the bank's collapse.
In 1986, some members of the Westbank Indian Band made allegations to the Minister of Indian Affairs and Northern Development of impropriety on the part of Chief Derrickson and members of the administration of the band. They claimed that the local office of Indian Affairs "was either supine or corrupt and could not be trusted to give an accurate version of affairs at Westbank." The department claimed it was being critized unfairly and officials in it called for a public inquiry. Although there had already been a number of investigations on Westbank, they had failed to resolve the issue. As the Commissioner, Mr. John Hall, observed:
"it was felt that previous investigations had lacked sufficient powers of compelling document discovery and testimony to achieve the best results. It was felt that a full inquiry was needed to resolve the issues at Westbank, as well as to examine certain broader issues of Departmental policy and possible statutory change."
On 12 August 1986, therefore, a royal commission was established to investigate leases, financial transactions and the policy of the Department of Indian Affairs concerning the Westbank Indian Band especially during the period 1975-1986 (see The Report of the Commission of Inquiry Concerning Certain Matters Associated with the Westbank Indian Band, Ottawa, Supply and Services Canada, 1988, pp. ix-xvii).
Hearings of the commission were held at Westbank and Vancouver from 12 November 1986 to 28 August 1987. The commission filed 222 exhibits. RG33-147 General Inventory
