The Homalco First Nation has filed for a judicial review in British Columbia’s Supreme Court. They say the provincial government failed to consult them after ancient human remains were found last December at a construction site in Campbell River.
The remains, believed to be between 1,230 and 1,650 years old, were found during groundwork by C.R. Horizon. The company is building an apartment complex in the Willow Point area of South Island Highway.
According to the Nation, the provincial government did not inform or involve them after the discovery. Instead, they learned about the burial site from a local newspaper article in January 2025.
Homalco Chief Darren Blaney said on Monday that the province ignored its duty to consult under the Declaration on the Rights of Indigenous Peoples Act (DRIPA). This law is meant to protect Indigenous cultural sites and ensure Indigenous peoples can help manage them.
In British Columbia, when ancient remains are found, all work at the site must stop. The province’s Archaeology Branch must be informed. Developers often need permits and must carry out studies to assess any impact.
However, Homalco leaders say none of this was done properly. They claim that not only were they left out of talks, but the remains were also not handled as required. Under the rules, the remains should have been stored at the Campbell River Museum. Instead, they ended up with the Wei Wai Kum First Nation.
Blaney says the Archaeology Branch failed to do its job. He also says it favored the Wei Wai Kum Nation without giving Homalco a fair chance to be involved.
“We’ve worked in good faith,” said Blaney, “but our rights and customs were not respected. This legal action is about finding a fair and respectful path forward to honor our ancestors.”
The Homalco believe the remains belong to their North Salish ancestors. They say they have lived in the area for thousands of years, caring for the land, water, and its history. They want the remains to be treated following their own cultural customs and traditions.
So far, the provincial government has not responded to the court filing.
In January, a nearby resident raised concerns about the handling of the remains. The person contacted a local newspaper after noticing excavation work at the site. The contractor later said that archaeologists had been present on-site almost daily since 2021. They also said the company was working with the Wei Wai Kum and We Wai Kai First Nations.
This is not the first time ancient remains have been found in the area. In 2019, a midden—evidence of past First Nations communities—was uncovered during a city project on Highway 19A near Rotary Beach Park.
The Homalco Nation says their only goal is to protect and respect their ancestors. They want to ensure their history is honored according to their traditions. With the legal case now in court, they hope to set a strong example for how Indigenous rights should be upheld across the province.
