Quietly Stolen Land: The Piece of Calgary Owned by the Tsuut’ina Nation

One day you may find yourself taking a walk in Calgary’s North Glenmore Park, along a pathway that connects a small parking lot to an expansive overlook of the Elbow river valley. Along that walk you would be forgiven for thinking that you were still within Calgary city limits, and that the land you were crossing was owned by the City. It’s an easy mistake to make, and it is one that has been made in one form or another for over 100 years. This unassuming land, measuring only half a hectare or 1.25 acres in area, was quietly taken from the Tsuut’ina Nation over a century ago, but continues to be claimed by the City.

The disputed parcel highlighted in red above. Located adjacent to 37th Street SW and 66th Avenue SW, in North Glenmore Park just south of the Tsuut’ina Nation reserve. Source: Google Maps. Retrieved November 22, 2020.

A close look at the history of this ‘disputed parcel’ shows an unusually complex past, and reveals the improper dealings that led to the land being removed from the Tsuut’ina Nation reserve. By exploring this story we can see the understandable, yet shaky, assumptions on which Calgary claims of ownership this land, and perhaps recognize that it may be time for it to be returned.

To understand how the City of Calgary came to ‘own’ this land, we first have to look at the history of this part of the world, and the surprising use of this disputed parcel as part of an old Provincial highway.

(I recently had a short interview with the CBC regarding the disputed parcel, it can be found here.)

Back to the Beginning

In the early years of European settlement of western Canada, homesteaders living in the Priddis and Millarville area, in what was then the North West Territories of Canada, relied on an old trail to access Calgary. This trail headed southwest from the city and crossed the Tsuut’ina Nation (Sarcee) reserve, and was reportedly in use since before the reserve was established in 1883.01 This dirt trail was not formally constructed or maintained, and suffered from chronically poor drainage; in wet years it often proved impassible for significant periods of time. As local ranchers and homesteaders relied on this route to access Calgary and bring their produce to market, the old trail was a vital link in a growing ranching district. (Read more on the history of the Priddis Trail)

The unreliability of the road was a chronic problem, and the Government of the Northwest Territories was pressed by local politicians and residents to improve the road.02 As the trail was an organically-created path that was located on Federal land reserved for the Tsuut’ina Nation, the Territorial Government wanted to acquire the right-of-way for the road before it expended any public money on improving and maintaining the road as a public highway.

1894 map showing the route of the Priddis Trail. Highlights by the Author. Source: “Preliminary map of a portion of the District of Alberta showing Canadian irrigation surveys during 1894″. University of Alberta Libraries, Peel Map 747.

Initially the matter was intended to be pursued as an expropriation of the land under the terms of Treaty 7 and the Indian Act, but the Territorial Government decided that it would be easier to instead secure a transfer agreement rather than acting unilaterally in order to take possession of the land.03

The Government of the Northwest Territories instructed its Department of Public Works to survey the road, and reached out to the Department of Indian Affairs in the spring of 1899 to seek consent for “…the transfer of the area therein contained after the survey is completed so that it may be declared a public highway.”04 That request was forwarded to the local Indian Agent to see if the Tsuut’ina Nation had any objection to the opening of the road. After discussions with Tsuut’ina Chief Bullhead, the matter was put to a meeting of the male citizens of the Nation. Informal permission was granted not only for the survey to take place, but also for the Government to improve and open the old trail as a public highway.05

“The Chief informed me the trail marked in the plan was in use by the Indians before the treaty was made with them.”

Indian Agent, Sarcee Agency. May 16, 1899.1

Securing a Surrender

In Canada, First Nation reserve land is owned by the Federal Government and reserved for a specific First Nation. Under the Indian Act, this land cannot be sold or transferred (outside of an expropriation) without the interested Nation first ‘surrendering’ their interests in that Federal land. Once surrendered, the land remains in the hands of the Federal Government until sold or otherwise disposed of in accordance with any conditions.

Over the remainder of the year 1899, the Department of Indian Affairs negotiated a formal surrender of the road corridor with the Nation. No money was offered for the land, and the Nation ultimately agreed to the Territorial Government building a road across the reserve with just two conditions.06 First, that a bridge be built over the Elbow river at the trail’s existing ‘Weaselhead Crossing’, and second was that if the Nation required the corridor to be fenced, they would not be asked to cover those costs. These conditions were agreed to by the Territorial Government, and on January 3, 1900 a surrender of their interest in the land was approved by the voting members of the Tsuut’ina Nation, a total of 21 citizens.07

When the surrender was agreed to by the Tsuut’ina Nation, the documentation did not contain a legal description of the land being surrendered, nor did it contain a formal survey of the route. Instead, the land being surrendered was indicated on an attached sketch showing the ‘approximate’ location of the existing trail.08

Portion of ‘Sketch showing approximately a proposed road, 66 feet wide, across the Sarcee I.R..N.W.T.’ 7th Dec. 1899. Plan T192-CLSR-AB, Canada Lands Survey Records. Note that this original plan held by the Canada Lands Survey Records has been modified with a hand-written reference to the later Plan 876 completed in 1907.

The surrender of the nation’s interests in the land was soon ratified by the Privy Council of Canada, who noted that the land was to be “…surveyed and opened up by the Government of the North West Territories as a public highway…”, though interestingly no mention of a sale was made.09 A survey would be an important step in the process, as it would serve as the legal description for the land that was surrendered for the road. In fact a proper survey of the trail had already been undertaken, but a plan showing the route had not yet been prepared by the surveyor at the time of the surrender’s ratification, and was therefore not included in the documentation.

The lack of a legal land description in the surrender documentation would cause problems for those researching and transacting with this land in the future. Anyone looking to understand what specific land was surrendered in this agreement would be forced to refer to separate survey records, as the surrender itself did not contain sufficient information to determine the extent of the surrendered lands. The ‘decoupling’ of the land description from the surrender documents would create the conditions for the original agreed-upon corridor to one day be ‘lost’ and replaced with an altered route that was not part of the original agreement.

Continue reading “Quietly Stolen Land: The Piece of Calgary Owned by the Tsuut’ina Nation”
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Finding Weaselhead

 

The Weaselhead Flats park is a 593.5 acre area of the Elbow River valley upstream of the Glenmore Reservoir in Southwest Calgary. The first recorded mention of the name ‘Weaselhead’ in relation to the Elbow river valley dates back to the 1890s, but where did the name originate? Why do we call this park, and the rest of the valley within the Tsuut’ina Nation reserve, ‘Weaselhead’?

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There are a number of explanations for the origin of the Weaselhead name, and while some details may never fully be known, we can begin to learn the story of where the name came from, and how the area came to be known as the Weaselhead. 

Conflicting Origin Stories

The City of Calgary acknowledges that the origin of the name of the Weaselhead Flats park is unclear, but points to the idea that the area was named after a Tsuut’ina man named Weaselhead. According to the City, the area is “…likely named after the Tsuu T’ina Chief Weaselhead who was in power at the time of European contact.”1

However, this isn’t the only origin story regarding the Weaselhead name; there is an alternative explanation known within the Tsuut’ina Nation which proposes just the opposite. In this version, Weaselhead was not Tsuut’ina, but a con-man from another Nation who was murdered along the banks of the Elbow river when his criminal ways caught up with him. According to this retelling, the name Weaselhead was then given to the area as a cautionary tale against adopting such a lifestyle.2

Clearly both cannot be true, and there is enough evidence that would suggest that perhaps neither is exactly right. Both stories say that Weaselhead was a man, but what do we know about this man, and how did he come to lend his name to this part of the Elbow River? Continue reading “Finding Weaselhead”

The Rise and Fall of the Priddis Trail – Part 3: Closure

This is the third in a five-part series looking at the history of the Priddis Trail. The first part, which examined the establishment of the road can be found here. while part two, focusing on the early years of the road is here. I acknowledge that the resources that inform this work are largely that of non-First Nations sources, and in particular this article will focus on a non-indigenous perspective on the decline of the Priddis Trail. The next article will look more at the Military’s use of the Priddis Trail, while the final part looks at the problematic legacy of this road, and will begin to address the perspective not covered in this section.


Three decades after beginning life as a Government highway, the Priddis Trail was in 1930 a well-used main road that served a growing agricultural district, a burgeoning oil industry, a First Nation and an important Military training camp.

The establishment in 1900 of the road, built along the route of an old trail that crossed the Tsuut’ina Nation reserve, was originally done in order to provide reliable access to lands located southwest of Calgary. The original trail between the city and the Priddis area was notorious for its chronically poor, often impassable condition, and it was expected that upon acquiring the corridor for the road from the Tsuut’ina Nation, the Government would create and maintain a modern and reliable road. It was this desire for better access that led homesteaders to petition the government to acquire the road in the first place, and yet three decades later, this objective remained largely unfulfilled; although a road had certainly been built, it was proving far from suitable.

1926-pt(The route of the Priddis Trail (magenta) between Calgary and Millarville through the Tsuut’ina Reserve (outlined in light-pink). Source: Topographical Survey of Canada, Department of the Interior. Calgary District, Alberta. Ottawa: Department of the Interior, 1926. Peel’s Prairie Provinces Archives, University of Alberta. Map 17. Highlight added.)

The new road suffered from the same wet, periodically impassible conditions that plagued the original wagon trail. The condition of the road was exacerbated in the 1920s` by an influx of traffic brought on by an oil boom in the Turner Valley, which the Priddis Trail increasingly served. In 1930 the Province of Alberta recognized that improving the road with proper drainage and a gravelled surface would benefit both residents and industry alike, and secured funding to improve and reconstruct the road in order to make the Priddis Trail into what would soon be known as Highway 22. Continue reading “The Rise and Fall of the Priddis Trail – Part 3: Closure”

Jane’s Walk 2016 – Sunday May 8

Jane's Walk graphic photo 2016 small

THE HISTORY OF THE SW RING ROAD AND THE WEASELHEAD WALK

Why was the SW ring road planned through a First Nations reserve? How did the Weaselhead come to be owned by the City of Calgary? Why are Unexploded Ordnance being found in the Elbow river valley?

Join me again on this year’s Jane’s Walk through a beautiful and historic part of Calgary, and learn about the soon-to-be-built SW ring road, 60+ years in the making.

Weaselhead Janes Walk wide

The turn-out for last year’s walk was fantastic, and I will be leading it again this year. The walk will be a look at the history of the SW Ring Road, and will give anyone who is interested the chance to explore the past, present, and future of the Weaselhead; one of the most historically rich areas of Calgary.

Travel along the first Provincial highway that was built through the Tsuut’ina Nation reserve over 115 years ago (with origins dating back even before the signing of Treaty 7) and through land that was purchased in the 1930s for the Glenmore Reservoir. See where the Canadian Military operated the largest WWI training camp in Western Canada, and explore the legacy of disputed land ownership and unexploded ordnance that years of military use has left behind. Experience one of the quietest corners of the city adjacent to where the SW Ring Road is planned to be built, see where previous plans would have located the road over the valley, and look at the role that future economic development played getting the road approved. Continue reading “Jane’s Walk 2016 – Sunday May 8”

The Origins of the Southwest Ring Road

This article was originally published on April 15 2015. It was updated on March 5 2016 to reflect newly found information about the City’s earliest plans for bypass routes in 1952 and 1953.

The City of Calgary and the Province of Alberta variously point to planning and studies from 1959 or the 1970s as the origin of the Southwest Ring Road.1 While these studies mark important milestones in the history of this road, particularly around planning for the current iteration, the truth is that the concept is a much older one than that.

1953_township

(Township plan of Bowness, Mongomery, and what would eventually become west Calgary, 1953)

Early efforts had been undertaken to plan for roads encircling Calgary’s downtown area, notably the town plan by Thomas Mawson in 1914, though these were not acted upon at the time. It wasn’t until a post-world war two explosion in population growth and vehicle ownership in Calgary had occurred that the issue of bypass roads would again be brought to the fore.

The 11-year period between 1952 and 1963 constitute the practical origin of Calgary’s bypass road system, and would see incredible effort and progress on this issue: from outright rejection, to intensive planning, and finally to construction of Calgary’s first southwest bypass route.

The Earliest Southwest Ring Road Plans

In order to address the rapid growth experienced in the post-war years, the City of Calgary began the process of creating a General Plan for the city in the late 1940s. By 1951, an interim report on the General Plan was produced, which included descriptions of primary roads planned for Calgary. A major route following 50th avenue SW across the Elbow river along the City’s southern edge and 14th street SW heading north across the Bow river2 was noted, and was intended to connect the Macleod and Banff trails and act as a bypass around the City’s core.

This interim report was followed by a preliminary major roads plan that was presented to City Council in the winter of 1952. The plan contained many of the same routes as the earlier General Plan interim report, though the southwest bypass was now envisioned along 24th street SW/Crowchild Trail, rather that 14th street SW, as the north-south portion of the route.3

1952-road-highlight

(A depiction of Calgary’s Major Roads Plan as presented to City Council. Source: Traffic Problem Solution Seen. Nigel Dunn. Calgary Herald. December 19, 1952. Highlight added.)

Although these initial planning efforts focused on routes contained within the City’s limits, plans were simultaneously being prepared on a wider scale; the City’s major road plan was not intended as a final document, but was intended to be continually updated and expanded as conditions demanded.

The City’s planning department had earlier drafted a different map in 1952 that for the first time described the series of planned bypass roads as a ‘Ring Road System’, and indicates, though does not fully depict, a southwest bypass located on 37th street SW.4 This was an internal working document that was not intended for the public, and shows how the City had begun to look outside of it’s city limits at more regional roads.

In late 1953 a further revision was completed, which for the first time fully detailed a Southwest Ring Road route around the west edge of the Glenmore reservoir.Comprising of 90th avenue SW on the south and 53rd street SW/Sarcee Trail on the west, this version of the Southwest Ring Road shares little in common with the modern route, though the use of the Sarcee Trail right-of-way and a crossing through the Weaselhead would remain part of the Southwest Ring Road plans for decades to follow.

1953-highlight

(Source: Untitled Map. December 1953. City of Calgary Corporate Records, Archives. Board of Commissioners S. IV box 189 F. 39.)

By the early 1950s the City had a defined, though extremely fluid, ring road plan. Work on the plan by the City of Calgary would continue for a number of years yet, though putting the scheme into action could not be done by the City alone; implementation would require a partner in the form of the Provincial government.

Continue reading “The Origins of the Southwest Ring Road”

Crossing the Elbow River – 1956 to 1986

The release of a ‘virtual tour’ video of the Southwest Calgary Ring Road this past week has given the public a chance to view the proposed plans for this road in a way that maps have not been able to. The detail and context provided by the video has raised concerns over the impacts the road will have on southwest Calgary, including the Elbow River, Fish Creek and the Weaselhead. The nature, size and proximity of the cut-and-fill river crossing, combined with a realignment of the rivers, appear to be at the heart of these concerns.

2014_elbow

(Source: Alberta Transportation)

The crossing of the Elbow river is arguably the most important link in the Southwest Calgary Ring Road project. This new crossing of the Elbow river in southwest Calgary, the first since the Glenmore causeway opened in 1963, is projected as being the single most utilized portion of the new road. Establishing this crossing has seen numerous proposals over the years; from a low-level bridge in the 1950s to a dam in the 1980s (creating a new reservoir upstream from the Weaselhead) to a consideration of a high-level bridge, and even talk of a tunnel, in the 2000s. A new crossing of the Elbow river is an idea that has undergone many revisions and alternatives in the decades since it was first proposed.

The first part of this story looks at the early proposals and the history of the crossing of the Elbow River, from the first proposal in 1956 to the project’s (temporary) cancellation in 1986. Part two, which looks at the modern river crossing plans and alternatives from 2000 to 2014, will follow.

Early plans: models and maps

In 1955 the Province of Alberta made public its desire to establish a bypass highway in Calgary’s southwest, and by the following year, the City had drafted initial plans for this road. Around the same time the City was also developing plans for the Glenmore Reservoir parks, and these two proposals would converge in the form of the first publicly released concept for the Southwest Ring Road, then known as the West Bypass, and its crossing of the Elbow river.

The ambitious plan for the proposed Glenmore Parks, containing an aquarium, a solarium, botanical gardens, an ‘Indian Village’ and more, was estimated to cost $3 million and would take upwards of 25 years to implement. When the City’s planning department was seeking approval from both the public and the City Council for the proposed park system surrounding the Glenmore Reservoir, they created a model of their proposed ideas. Along the western portion of the model lay the West Bypass, and its crossing of the Elbow river was presented to the public for the first time.

na-5600-8138a

(Glenbow Archives NA-5600-8138a. Click for an enlargement of the Elbow River crossing)

The crossing, depicted as a 4-lane low-level bridge of about 180m in length with some amount of cut-and-fill on the north bank of the valley, was only conceptual at this stage. Detailed work on the entire development had yet to be carried out at the time of the model’s creation, and no engineering had gone into the designs at this point. (The road is shown along the bottom of the photograph above). Continue reading “Crossing the Elbow River – 1956 to 1986”

90th Avenue and the Southwest Ring Road

First appearing on plans together nearly 60 years ago, and shown as connected in every major road plan since, 90th avenue SW and the Southwest Calgary Ring Road have a long and inseparable history. The connection of these two roads together, initially planned out of convenience, and later out of necessity, continues to play a significant role in the history of the ring road. Calls to keep 90th avenue from being connected to the ring road have been heard in recent years, and it is important to understand the history of this road, and why the connection of 90th avenue is seen as an indispensable part of the ring road plan.

The Origins of 90th Avenue SW

1953_90th

90th avenue is an arterial road in Calgary’s southwest, south of the Glenmore Reservoir, that has existed in some form or another since the early days of the City. Early settlers in the region traveled its path to access their land, and by the early 20th century, a dirt road had been created which served a small number of homesteads in the area. This arrangement, pictured above in 1953, went largely unchanged for many years. When the foreseeable encroachment of an expanding City of Calgary finally necessitated it, bigger plans for the road were initiated.

Forward Planning and a Growing City

In the early to mid 1950s the City had begun to more fully embrace a civic planning program; one that was more forward looking than had been undertaken in decades. The City was creating plans for areas that were then rural, but would one day be developed as part of a rapidly-growing City. The earliest modern plan for 90th avenue can be traced back to 1953 when the City created it’s earliest internal Ring Road plan. 90th avenue SW between Macleod Trail and 37th street SW was at that time an integral part of the Ring Road, and formed the southern portion of the City’s first complete Southwest Calgary Ring Road route.

1953-highlight

(Source: Untitled Map. December 1953. City of Calgary Corporate Records, Archives. Board of Commissioners S. IV box 189 F. 39.)

This configuration did not last long, and soon the main Ring Road route continued south, beyond 90th avenue SW. By 1956 a masterplan for the development of parks around the Glenmore Reservoir was developed by the City (shown below), and included a modified 90th avenue SW proposal. These plans mark the first time that plans for the Southwest Calgary Ring Road and 90th avenue SW were shown to the public.

Glennore_1956Then called ‘South Glenmore Drive’, 90th avenue was depicted much as we know it today, running from 14th street SW to 37th street SW, where it connected directly to the ring road. This basic layout was retained in Calgary’s first approved transportation plan, 1959’s Calgary Metropolitan Transportation Plan (shown below as 92nd avenue).

1959_90th Continue reading “90th Avenue and the Southwest Ring Road”

The Glenmore Land Claims

On June 6 2013 the Canadian government ratified a settlement agreement with the Tsuu T’ina Nation that was reached this past April regarding three specific land claims. These claims, known collectively as the Glenmore Reservoir land claims, were the result of actions taken in the 1930s regarding land in the Weaselhead area.

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The $20.8 million settlement has now concluded claim negotiations that had been ongoing since 1996. With the potential for the largest ever sale of Tsuu T’ina land for the still under negotiations for the ring road, it is important to understand the context of historic land deals, and the problems and sensitivities that arose from them. Continue reading “The Glenmore Land Claims”