Native Youth Movement vs Sun Peaks Resort

[infocom@pro.net]

Poverty or a $600-a-night Hotel Suite

PERSPECTIVE

Resurrecting Resistance in BC
Native Youth Movement vs Sun Peaks Resort

News and Comment
by Tehaliwaskenhas
Bob Kennedy,Oneida
Copyright
Turtle Island Native Network
http://www.turtleisland.org

August 11, 2004

The Sun Peaks Resort northeast of Kamloops, BC is not going away. Nor are the Secwepemc Peoples, upon whose land that resort was built, without their permission.

This month, protestors who support a resistance movement, will gather to draw attention to First Nation rights, and the fact these lands continue to be Indian lands. They have never been ceded. There is no treaty that says the lands were transferred to the "newcomers".

While it's clear there is no chance the resort will disappear, there are practical purposes of the protest. They include, discouraging expansion of resort development on Secwepemc lands, as well as a warning of the anticipated destruction of more traditional lands, as part of the preparations for the 2010 Olympics.

( Shuswap Nation Elder Irene Billy, August 4, 2004
NOTE: This is an audio file .mp3
http://www.necessaryvoices.org/mp3/i_bi ... t42004.mp3 )

In recent years, protests and blockades resulted in criminal charges against several dozen people. In their promotion materials, those working with the Native Youth Movement to resurrect resistance in BC explain,
"We demand that all charges be dropped for all peoples charged in relation to protection of Aboriginal Rights and Title in Skwelkwekwelt territory. We demand that no development or expansion continue on unceded territories that does not honour the rights of indigneous peoples as Title holders."

The lifestyle disparities between First Nations and the Resort, are obvious. For example, while it is well known that poverty runs rampant in reserve communities, the Delta Sun Peaks Hotel reaps more than $600 a night for some of its guest rooms.

The hotel, while offering great comfort to those who can afford such extravagance, is a powerful reminder to local First Nations of how their lands and resources have been exploited, with little or not benefit to them.

It is only in recent years that some local communities have worked out arrangements with the resort, in an effort to gain something from the gargantuan development. The agreements involving several First Nations are not endorsed by the Native Youth Movement or others of the resistance movement, who see it as tokenism. The fact is, without the protests, the resort was not going to volunteer "good neighbour" benefits to the First Nations.

( Arthur Manuel, Neskonlith Indian Band, August 4, 2004
NOTE: this is an audio file .mp3
http://www.necessaryvoices.org/mp3/a_ma ... t42004.mp3 )

Sunday August 29th is the day of a gathering called Resistance Without Reservation - Convergence Against Sun Peaks to Protect Unceded Territories. The gathering is organized by Land, Freedom Decolonization Coalition in conjunction with the Native Youth Movement - Secwepemc Chapter, and the Skwek'wekwelt Protection Center.

Posters promoting the event include, "With the 2010 Olympic bid, environmental destruction and expansion on unceded territories will be perpetuated yet further. In the spirit of solidarity movements that honour front-line struggles of communities, rather than organizing actions in the city, it is imperative to escalate the fight against state and corporate colonialism on the territories itself. We stand united in protesting the Canadian governments continued criminalization of the Secwepemc people."

On the surface, it seems to critics that this NYM action is mere militancy - speaking out against Sun Peaks Resort expansion and the British Columbia government's habit of aquiescing to corporate needs, rather than recognizing and respecting Aboriginal Rights. But even well respected First Nation leaders who have embraced the BC Treaty process, will agree with the principles.

The reality as seen through an Aboriginal lens, is that as negotiations drag on, producing only small economic side-deals, more First Nation lands and natural resources become alienated from their owners, and continue to pour billions of dollars into private and public treasuries.

The protestors' drama, while not perfomed in negotiation boardrooms, relies on a script written clandestinely, in the hearts of many First Nation leaders, "Sun Peaks Resort is built in Secwepemc territories, land which has never been ceded, released, nor surrendered. The BC government therefore has no authority over the Secwepemc people or their territories, or over the resources within the land".

BACKGROUND

Read previous reports, view photos etc.
http://www.turtleisland.org/news/news-secwepemc.htm

Land, Freedom, Decolonization Coalition
For more information contact noii-van@resist.ca or call 604-778-552-2099

RESISTANCE WITHOUT RESERVATION!
CONVERGENCE AGAINST SUN PEAKS

Sun Peaks is built on Secwepemc land, which the Secwepemc refer to as
Skwelkwek’welt, located in BC’s interior, 30 km NE of Kamloops. Secwepemc have never ceded, surrendered or released their land in any way.

In 1997, the BC government approved a $70 million development plan,
allowing Sun Peaks to continue to expand their resort to 20,000 beds and
put ski runs on the previously undisturbed Mt. Morrisey. The Secwepemc
attended stakeholder meetings and clearly said no to the development. Land and Water BC however, clearly disregarded their voices and granted new leases to Sun Peaks to facilitate their expansion, and in June 2001,

Land and Water BC obtained a court injunction to forcibly remove Secwepemc from their lands. To date, 54 arrests with charges from criminal contempt and intimidation by blocking a road to resisting arrest have been made.

MORE
http://www.turtleisland.org/news/news-secwepemc.htm

[apc.resist.ca]

August 26, 2004

Skwelkwek'welt Protection Center
P.O Box 837
Chase, British Columbia V0E 1M0
Phone (250) 679-3052
Fax: (250) 679-3056
Email: jrbilly@mail.ocis.net

INVITATION TO SECWEPEMC TERRITORIES

We, the traditional Secwepemc peoples, thank you for accepting our
invitation to all organizations, groups and individuals who have supported
and continue to support us in our struggle to assert Aboriginal Title and
rights over our traditional territories.

On the weekend of August 28-29, we will be hosting a convergence on
Secwepemc territories to educate supporters about the fight against Sun
Peaks development and the unsettled land issue of the Secwepemc Nation as
well other unceded territories in British Columbia.

Sun Peaks resort is built on Secwepmc territories, land that has never
been ceded, released or surrendered. The BC government and Sun Peaks
therefore has no jurisdiction over the Secwepemc people or our lands.
Despite the recognition of the inherent land rights of Aboriginal People
as Aboriginal Title in Delgaamukw and despite the Haida decision that
requires provincial interests to consult, obtain consent and accommodate
Aboriginal interests prior to pursuing development on Aboriginal
territories, federal and provincial governments still insist indigenous
peoples must prove their Title within the court system rather than abiding
by the principle of Title itself.

Acting under the direction of Tqelt Kukpi through the teachings of Coyote,
as well as the direction of traditional elders and land-users, we have
consistently occupied and used land, building homes and structures well
within the original territory of the Secwepemc Nation, thus asserting and
exercising our Aboriginal rights and Title.

We are honoured to have all our supporters gather within our traditional
territory and the 1862 Neskonlith Douglas reserve. We thank you for the
strong stand you are taking in supporting us to protect our traditional
lands and way of life for future generations. Through such gatherings and
building such networks, we can build stronger alliances between our
communities and our common vision of a more just existence where our
rights are respected.

We look forward to meeting you all soon.

Irene Billy- Elder of the Camp
Sarah Deneault, Elder
Janice Billy- spokesperson Skwelkwek'welt Protection Center

- - - - - - - -

Hundreds of Protesters Converge at Sun Peaks to Support Land Struggle

KAMLOOPS, BC, Aug. 26, 2004

On August 29, 2004, hundreds of protestors will meet at the Sun Peaks Resort near Kamloops, BC and rally to show support for the Secwepemc people in their struggle to save their unceded traditional territories and waters from the $285 million expansion of the Sun Peaks Ski Resort.

The provincial government's decision to allow Japanese owner Nippon Cable and fellow investors Nancy Greene and Al Raine to expand the resort from 4000 to 24,000 bed units against the express desire of the Secwepemc people, who have owned and protected these waters and lands for thousands of years, is a travesty of justice. Chief Stewart Phillip, President of the Union of British Columbia Indian Chiefs stated, "Our Elders and our young people will not be intimidated into abandoning their struggle to seek a just resolution of the Land Question in British Columbia."

Two significant Canadian court decisions, the Supreme Court's Delgamuukw decision and BC Court of Appeal's Haida Tree-Farm License case, clearly establish Aboriginal Title and Rights and the conditions under which provincial and corporate interests must seek and obtain consent from Indian nations to engage in development projects in their traditional territories.

Tara Scurr, BC Regional Organizer for the Council of Canadians says,
"We are dismayed by the attitude of Sun Peaks management, the Thompson-Nicola Regional District and provincial authorities in their disregard for these important rulings from the highest judicial authority in the country".

As a result of their peaceful protests including information blockades,
more than 50 elders and youth have been charged with trespassing and four youths spent 90 days in jail for protesting the expansion. Author of the best-selling book No Logo, Naomi Klein, recently visited Secwepemc territories to investigate the case. She writes: "Let's be clear about something: the massive expansion of the Sun Peaks Resort is an act of violence. The Secwepemc have never ceded this land, and their Elders have clearly said no to this development. New condos are going up, and traditional Secwepemc cabins and sweat lodges are being brutally torn down."

The provincial government must recognize that the international community will not invest in the province of British Columbia unless the letter of the law is scrupulously followed; to disregard the proprietary interests of Aboriginal Peoples will lead to further unrest and a lost opportunity to protect the future of this province for all future generations. Now it is time for the provincial and federal governments to recognize Secwepemc inherent title to this territory and stop the expansion of the Sun Peaks Resort.

Various groups and organizations have endorsed this convergence. Speakers will include defenders of Secwepemc territories, Chief Stewart Philip (President of Union of BC Indian Chiefs), 72-year old Betty Krawczyk jailed for protesting the Working Forest legislation, Council of
Canadians BC Regional Organizer Tara Scurr, and Professor Hari Sharma
(President of South Asian Network for Secularism and Democracy).

For further information: Harsha Walia- No One is Illegal, 778-885-0040;
David Cunnigham- Anti-Poverty Committee, 604-317-5346; Tara Scurr- Council of Canadians, 604-340-2455; Union of British Columbia, Indian Chiefs: Don Bain, 604-813-9709; Skwelkwek'welt Protection Center: Janice Billy, 250-679-3052

---------------

BACKGROUND

http://www.turtleisland.org/news/news-secwepemc.htm

---------------

AUGUST 24, 2004

SUBJECT: HUNDREDS CONVERGE AGAINST SUN PEAKS RESORT ON AUG 29

Hundreds of protestors will be converging on Sun Peaks Resort near
Kamloops, BC on August 29, 2004 to protest Sun Peaks Resort expansion
onto unceded Secwepemc territories. The provincial and federal
government’s complicity in granting Sun Peaks leases on unceded
traditional territories demonstrates that the government is yet again
turning a blind eye to Aboriginal rights and to Aboriginal people who
have occupied the lands since time immemorial.

The Delgamuukw¸ Haida and Taku River Tlingit court decisions clearly
obligate the Province of BC and the Sun Peaks Resort to undertake
substantive consultations with Aboriginal people prior to proceeding
with development projects.

As a result of protesting the development, to date 54 arrests of Elders and youth have been made. Chief Stewart Phillip, President of the Union of British Columbia Indian Chiefs stated, "Our Elders and our young people will not be intimidated into abandoning their struggle to seek a just resolution of the Land Question in British Columbia."

Author of the best-selling book No Logo, Naomi Klein recently visited the
Secwepemc territories to witness first hand the destruction of the land.
She writes: “Let’s be clear about something: the massive expansion of
the Sun Peaks Resort is an act of violence.

The Secwepemc have never ceded this land, and their Elders have clearly said no to this development. New condos are going up, and traditional Secwepemc cabins and sweat lodges are being brutally torn down.”

In June 2004, Sun Peaks announced another phase of expansion that will
now total $285 million, primarily around the selling of real estate to
serve as a playground for tourists. This will eventually develop 10,352
bed units over the next 10 years.

Various other groups and organizations have endorsed and will be
supporting this convergence. Speakers present during the August 29th
demonstration will include defenders, Elders and Youth of Secwepemc
territories, Chief Stewart Philip (President of Union of BC Indian
Chiefs), June Quipp of Pila’lit Nation (Cheam) also fighting illegal
expansion and clearcuts, 72-year old great grandmother Betty Krawczyk
(Women in the Woods) jailed for protesting the Working Forest
legislation, Council of Canadians BC Regional Organizer Tara Scurr, and
Professor Hari Sharma (President of South Asian Network for Secularism
and Democracy).


MEDIA CONTACTS:
Janice Billy- spokesperson of Skewek’welt Protection Center:
250-318-4290; Don Bain- Executive Director of Union of BC Indian Chiefs: 604-813-9709; David Cunnigham- Anti-Poverty Committee: 604-317-5346; Harsha Walia- No One is Illegal: 778-885-0040

For more information on the convergence: apc.resist.ca

[www.shuswapnation.org]

While a handful protest against Sun Peaks, the local Shuswap First Nation communities work with the local non-aboriginals, businesses and government. Here's an example of the collaborative approach . . .


Creating Prosperous Secwepemc Communities

An Economic Development Conference-September 28-30th, 2004

DRAFT AGENDA - Revised August 17th, 2004

Conference Particulars
Date: September 28, 29, 30th, 2004
Location: Best Western Forster’s Convention Centre, Kamloops, BC
Theme: Creating Prosperous Secwepemc Communities
Registration: $350 before September 10th - $450 after September 10th
Conference and Banquet: $395
Secwepemc Community Members and Student Conference fees:
$50 before September 10th - $75 after September 10th
Conference and Banquet: $95 before September 10th - $110 after
Banquet: $60 before September 10th - $75 after September 10th (if available)


Conference registration not required to attend banquet
Conference Team : Bob Moody Veronica Kernaghan Paul Donald Keith Matthew Carmen Minnabarriet Jo-Anne Mosterd Tammy Hall

Day 1
Tuesday September 28, 2004
Time Program
8:00 - 9:00 am Registration/Network/Refreshments
9:30- 11:30 am Opening ceremonies/prayer: Chief Nathan Matthew Ballroom B
Traditional prayer: Chief Dave Belleau
Welcome drum song: Chief Shane Gottfriedson/Seklep School
Welcome: Betty Hinton, MP, Mayor Mel Rothenburger (?)
Key note speaker: National Chief Phil Fontaine, Assembly of First Nations
Regional Chief Shawn Atleo, Assembly of First Nations
Ron Jamieson, Senior VP, Aboriginal Banking, BMO Bank of Montreal
11:30 - 1:00 pm Corporate Sponsored lunch
1:00 - 2:30 pm Seminar # 1a Ballroom B Seminar# 1b Ballroom C
Youth Business Ventures Joint Ventures/Business Structures
Moderator: Geri Collins Moderator: Keith Matthew
Speakers: Elizabeth Buha, National Manager, Speakers:
Business Development Bank of Canada Eagle Ranch, Dean Martin
Shelly Alexander Lawyer, Frank Quinn
Indian Candy Becker Daley Spice, Wayne Becker

(CARMIE) (KEITH/TAMMY HALL)

2:30 - 2:45 pm Refreshment Break
2:45 - 4:30 pm Seminar# 2a Ballroom B Seminar# 1b cont’d Ballroom C
Government Approach to Economic Development Joint Ventures/Business Structures
Moderator: Chief Nathan Matthew RTA
Speakers: SEDCO Jim McGrath & Bob Moody
Minister Small Business Development, (?)
Federal Government, Donna Wuttunee (?)
INAC, Tim Low
National Aboriginal Capital Corporation Association, Dan Brant, CEO
John Harper, Director of Social and Economic Inistatives
Ministry of Community Women's Services

(PAUL/JOANNE)

4:30 – 4:45pm Day 1 Closing


Day 2
Tuesday September 29, 2004
Time Program
8:00 – 9:00 am Registration/Refreshments/Network
9:00 - 10:00 am Seminar# 3a Ballroom B Seminar# 3b Ballroom C
Community Initiatives Lands Management
Moderator: Bob Moody Moderator: Keith Matthew/Eddy Jules
Speakers: Speakers
NVIT (?) Westbank First Nation, Chief Rob Louie
Skeetchestn Indian Band (?) Freda Jules FN4LMA (?)
Quilakwa- Spallumcheen Indian Band (?) Fiscal Realities-National Housing Pilot Project, Andre Ledressay
Teniye Logging-Canim Lake (?) Fiscal Institutions, Manny Jules
Alkali-Store(?) Sun Rivers (?)

(BOB /RONI) (KEITH/RONI)

10:30-10:45 am Refreshment Break

10:45-12:00 pm Seminar#3a cont’d Seminar# 3b cont’d
12:00 - 1:00 pm Corporate Sponsored Lunch
1:00 - 2:00 pm Seminar# 3a cont’d Ballroom B Seminar# 3c Ballroom C
Community Initiatives Tourism
Whispering Pines/Clinton Indian Band-Michael LeBourdais Speakers:
High Bar First Nations Secwepemc Museum & Heritage park, Dan Saul
Williams Lake Indian Band, Chief Willie Alphonse/ Jason Gordon Xatsull, Cheryl Chapman
Little Shuswap-Quaaout Lodge
2010 Lyle Leo
Aboriginal Business Canada, Paul Donald

(BOB /RONI) (PAUL)
2:00 – 2:15 pm Refreshment Break
2:15-4:00 pm Seminar# 3a cont’d Ballroom B Seminar #3c cont’d Ballroom C
Community Initiatives Tourism
Speakers:
Aboriginal Tourism BC, Brenda Baptiste


Banquet

Wednesday September 29, 2004

6:00 – 7:00 pm Opening Prayer: Elder present (TBA) Theatre
7:00 – 7:30 pm Keynote Speaker: Manny Jules
7:30 – 8:30 pm Cultural Entertainment: Chief Atahm School; Lacy Scarff; Kenthen Thomas
8:30 – 9:30 pm Feature Entertainment: Don Burnstick
9:30 - ? Gerald Charlie and the Black Owl Blues


Day 3
Tuesday September 30, 2004
Time Program
9:00–11:30 am Seminar# 4a Ballroom B
Natural Resources
Moderator: Willie Alphonse (?)
Speakers:
SFC- Inland fishing opportunities, Fred Fortier
Adam’s Lake, Greg Witzky
Agriculture-FNALA, Trevor Kempthorne
Non Timber Forest Products - Neskonlith Indian Band - Richard Manuel
Chief David Walkem (?)

(JIM /RONI/BOB)

11:30–12:00 pm Closing Ceremonies

[artmanuel@earthlink.net]

A First Nation leader's perspective on Sun Peaks protests

September 14, 2004

Human Dignity:

The people are getting ready for the enforcement of another injunction at
the Skwelkwek'welt Protection Center. It is a very terrible time for my
people. It is funny people from around the world immigrate to Canada from counties where their freedom has been taken away from them, and these immigrants are of course very grateful to be here, but little if very few understand that the freedom which they enjoy has been taken away from us.

Freedom I guess that is the greatest gift that we have given this world.

We have lands and territories which have brought the four colors and four
directions together, it is our home and native land which has done that, but
we ourselves are denied our own freedom.

That is what is being felt by my sisters and my brothers at the
Skwelkwek'welt Protection Center. I heard my dear friends talk about, maybe they will not come and tear down our Protection Center, but I had to tell them, that is not true. I said the RCMP are going to come. They have an injunction and an enforcement order, and they have the local Member of the Legislature, Kevin K. Kruger, Darcy Alexander from Sun Peaks and Frank Quinn the Condo Developer who are all pushing the RCMP to get up here and get us out of here. I know they are all probably really mad at the police for not coming here sooner and are probably telling them they are falling down on the job.

The Skwelkwek'welt Protection Center will be meeting with Chief Nathan
Matthew, chairman of the Shuswap Nation Tribal Council, Chief Arthur Anthony of Neskonlith and Chief Mike Retasket of Bonaparte on Thursday, September 16, 2004 at 3:30 pm at the Skwelkwek'welt Protection Center or more particularly the camp at Fairway 16 on the Sun Peaks Golf Course.

I believe the parties have a lot to talk about and I hope they resolve a lot
of problems the SNTC has in terms of an effective strategy relate to the
commercial activities at Sun Peaks, and how they are effectively
extinguishing or infringing on our Aboriginal Rights through third party
alienation.

It is clear that the activities of the Skwelkwek'welt Protection Center
makes it very clear that the people do not want Sun Peaks, or Sun Peaks to expand, the real problem is the pressure from the local business and
political community, have forced many of our chiefs to cave into supporting Sun Peaks.

That is the tough spot our people are in. The feelings of my people are
very hurt and very clear that justice cannot be found in the conflict
between with the judicial system and the government here in Canada. On the one hand the Supreme Court of Canada (SCC) recognizes Aboriginal Rights, but on the other hand the governments of Canada and British Columbia do not implement that on the ground, instead they seek injunctions and enforcement orders to put you in jail for criminal contempt of court.

It is in fact the failure of the Canadian government with regard to
implementation of the SCC decision that is the force behind what is
happening at Sun Peaks. The RCMP or police are being used for "political
purposes" by the Canadian and British Columbia governments; because the government policy regarding determination of the size Sun Peaks should be, has not consulted or accommodated the Aboriginal Rights of the Secwepemc peoples. In fact there is no policy to include Secwepemc peoples in that decision making process, despite the fact the SCC of Canada recognizes Aboriginal Title where Sun Peaks exists.

People at Skwelkwek'welt Protection Center are just contemplating on how to cope with this injustice. Everyone is thinking about should I leave to fight another day or should I go to jail for criminal contempt of court.

These are terrible matters to think about, when you are in a so called free
country. But for indigenous peoples Canada is not free. It is built upon
our marginalization, impoverishment, colonization, subsidization and
freedom. This must change, if, Canada is to become a mature country where indigenous peoples and settlers can live together, not as colonizers and colonized, but as human beings. I guess if that happens, then maybe what we are experiencing will be worth it.

I know the Supreme Court of Canada, has given the politicians at the House of Commons and the Legislature of British Columbia direction through their judicial decisions, but the politicians are all too greedy with regard to control over what we own, that they cannot learn to share with us, what is ours. The Supreme Court of Canada said at the end of Delgamuukw that "We are all here to stay", but that has not been heard by Prime Minister Paul Martin or Premier Gordon Campbell.

The implications of that is we own this land, and we need to reconcile
ownership with the power to make decisions, like how big should Sun Peaks really be, so we can enjoy the environment and still have a thrifty
business. That is not happening. What we got is the old Hollywood Cowboy and Indian approach, but that is not going to work any more. Our struggle will continue.

Human dignity and respect, freedom and decolonization are our goal, that was in our heart yesterday as we talked well into the night. I share a few
pictures of our home. Will keep you informed.

Arthur
artmanuel@earthlink.net

[Guest]

Skwelkwek’welt Update

September 20, 2004

Shuswap Nation Tribal Council and Skwelkwek’welt Protection Center

Joint Press Release

(Skwelkwek’welt Protection Center – Sun Peaks Resort

On September 16, 2004 representatives of the Shuswap Nation Tribal Council (SNTC) met with members of the Skwelkwek’welt Protection Center which is an initiative of the Secwepemculecw Traditional Peoples Government to overcome differences and divisions regarding the on-going development at Skwelkwek’welt.

Chief Nathan Matthew said that “the SNTC supports the right of Secwepemc people to occupy, use and enjoy the land and natural resources within Secwepemc traditional territory.” He predicted that
“there will be \conflict between the Secwepemc and the federal and provincial governments as well as developers until the federal and provincial governments live up to their legal obligations to implement the Delgamuukw and Haida Supreme Court decisions through good faith negotiations rather than through narrow, sharp dealing decisions that result in direct action by and criminalization of Secwepemc people.”

Chief Matthew also expressed his concern about the use of the August 27 SNTC media release by Sun Peaks and the province of BC at the BC Supreme Court injunction hearing. He stated that “the SNTC media release was never intended to be used against Secwepemc people in court.” Chief Matthew reaffirmed his “desire to have a peaceful resolution of the Skwelkwek’welt situation”.

Arthur Manuel said “the Skwelkwek’welt Protection Center appreciated the SNTC making it publicly clear that their August 27, 2004 Media Release was not an intentional effort to infringe on our Aboriginal title at Sun Peaks, because that was a very serious legal problem we were looking at correcting in our effort to quash the injunction”. He further said that “the BC Supreme Court was wrong in putting so much weight behind the SNTC media release and that will have to be dealt with in terms of our appeal to quash the injunction order”.

All parties rejected Sun Peaks and the province undermining Secwepemc unity, by misinterpreting the SNTC Media Release and Indian band investment at Sun Peaks as a divide and rule tactic. Mr. Manuel said
“obviously any investment made at Sun Peaks by an Indian band under federal and provincial jurisdiction, and not based upon Aboriginal Rights, does not justify infringement of Aboriginal title. It is just an investment like any other investment.”

The Skwelkwek’welt Protection Center is going to seek to have the injunction quashed because it violates both collective Aboriginal Rights and the Charter of Rights and Freedoms, both part of the Canadian Constitution. The current order is unconstitutionally broad – as it orders the removal of all people staying in the base area of Sun Peaks and purports to give the police unlimited discretion in its execution. It is undisputed that if they were to arrest only Secwepemc people based on this order the police would engage in arbitrary and discriminatory enforcement against the traditional owners of the land.

The Skwelkwek’welt Protection Center is confident that the SNTC will support them in the three step legal process: firstly, to quash the injunction; secondly to seek a judicial review of the provincial government decision to approve Phase 2 of the Sun Peaks Master Plan, especially if the government and Sun Peaks complied with their legal duty to consult and accommodate Aboriginal title; and finally to bring an Aboriginal Title case to force the federal and provincial governments to live up to their fiduciary duty and recognize Aboriginal Title at Sun Peaks Resort.

The meeting held on September 16, 2004 was the first step towards developing a workable relationship between the SNTC and the Skwelkwek’welt Protection Center to protect and exercise Secwepemc Aboriginal Title and Rights in the Skwelkwek’welt area, which encompasses Sun Peaks Resort. After lengthy discussion at the Skwelkwek’welt Protection Center both groups agreed that they had sufficient common interests to continue developing complementary strategies dealing with the commercial development by Sun Peaks Resort.

SNTC and the SPC will continue to meet next week to follow up on relationship building.

- 30 -

For more information please contact:

Chief Nathan Matthews: (250) 371-2151

Arthur Manuel: (250) 319 0688

Arthur Manuel, Spokesman
Indigenous Network on Economies and Trade (INET)
Dominion Building Suite 714
207 West Hastings Street
Vancouver, British Columbia, V6B 1H7
CANADA
Telephone and Fax: (604) 608-0244

Mobile: (250) 319-0688
artmanuel@earthlink.net

- - - - - - -

September 18, 2004

http://www.turtleisland.org/discussion/ ... =3986#3986

- - - - - - -

BACKGROUND

Secwepemc (Shuswap) people respect and support the efforts of non-aboriginal people to plan for sustainable, integrated resource management. As the first occupants and owners of their traditional territory, however, Secwepemc people are concerned that their own rights be respected. In particular, they are aware that non-aboriginal governments have assumed jurisdiction over Secwepemc land and resources without dealing with Secwepemc title, and without compensation for the loss of traditional Secwepemc resources. Nor have non-aboriginal governments respected the unextinguished right of Secwepemc communities to use, manage and protect their lands, waters and resources as they see fit. The Secwepemc Nation has never surrendered ownership and jurisdiction over its natural resources to any other government.

The Secwepemc position regarding land use and resource management is
based on the following five principles:


Inherent Secwepemc aboriginal rights and title, and the right of Secwepemc communities to exercise jurisdiction over their traditional lands and resources, must be recognized by non-aboriginal government agencies and interest groups. This is essential to land and resource management planning in Secwepemc traditional territory.

The Secwepemc Nation and its agencies constitute a distinct order of government, not an "interest group". Current non-aboriginal land use and resource management planning processes are designed to be forums for interest groups and various agencies involved in land use planning. Interest groups and non-aboriginal government agencies do not have aboriginal rights, whereas the Shuswap Nation does.


Provincially-mandated land use/resource management processes are not appropriate for negotiating aboriginal rights and title. Secwepemc aboriginal title and rights will be negotiated on a government-to-government basis between Secwepemc government representatives and representatives of British Columbia and Canada, respectively.

Land use proponents, planners, and policy makers should be aware that their decisions regarding land use zones, allocation of resource tenures, and resource management strategies will be impacted by future treaty negotiations. Secwepemc communities will negotiate a treaty with British Columbia and Canada to resolve the issues of aboriginal rights and title, and Secwepemc self-government. They do not want future treaty negotiations to be limited, prejudiced, or compromised by current provincial land use/resource management processes.

Secwepemc government agencies must be equipped with the same technical resources for land use planning, resource management, and treaty research as non-aboriginal governments and interest groups. This is a pre-condition for resolving the issue of unextinguished aboriginal rights and title.

MORE. . .
http://www.shuswapnation.org/

[www.ubcic.bc.ca]

PRESS RELEASE
FOR IMMEDIATE RELEASE
September 22, 2004

UBCIC Condemns Arrests at Sun Peaks

(Coast Salish Territory/Vancouver, September 22, 2004) Yesterday’s
arrests at Sun Peaks Resort is another stage in the long, nasty and
protracted battle to protect traditional Secwepemc territory from the
wanton destruction by the massive expansion of Sun Peaks Resort.

“Quite plainly, the arrests are yet a further instance where the
Campbell Government has attempted to criminalize the presence of
Indigenous Peoples on their own traditional lands. The UBCIC fully
supports the joint statement of the Shuswap Nation Tribal Council and
the Skwelkwek’welt Protection Center that declares the Secwepemc People
have the right to occupy, use and enjoy the land and natural resources
within Secwepemc traditional territory,” said Chief Stewart Phillip,
President of the Union of BC Indian Chiefs.

The joint statement of the Shuswap Nation Tribal Council and the
Skwelkwek’welt Protection Center was released on September 21, 2004. The
joint statement stated their shared concern that a Shuswap Nation Tribal
Council August 27 media release was improperly and unethically used by
Sun Peaks Resort and the Province of BC at the Supreme Court of BC to
gain an injunction and enforcement order against Secwepemc People.

Chief Phillip stated, “The courts have continually ignored their
judicial obligations and have failed to protect the Constitutional and
judicially recognized Aboriginal Title and Rights of our People. Chief
Matthew and Art Manuel are correct in stating that the federal and
provincial governments have to live up to their legal obligations to
implement the Delgamuukw and Haida court decisions.”

Chief Phillip stated further, “Our young people and Elders will not be
bullied by a third-party or by government into abandoning their struggle
to protect their land and justifiably seek an honourable recognition of
Aboriginal Title and Rights. The Union of BC Indian Chiefs will continue
to support a community-led process and is encouraged that a workable
relationship has been established between the Shuswap Nation Tribal
Council and the Skwelkwek’welt Protection Center to protect and exercise
Secwepemc Aboriginal Title and Rights throughout their territory.

– 30 –

FOR MORE INFORMATION CONTACT:
Chief Stewart Phillip, President
Cell: (250) 490-5314
--

Established in 1969, the Union of British Columbia Indian Chiefs is a
political organization protecting the Aboriginal Title and Rights of our
member communities. We are based in Kamloops and have an office in
Vancouver. For further details visit our website at http://www.ubcic.bc.ca

[artmanuel@earthlink.net]

Describing the latest arrests at Sun Peaks

September 21, 2004

PHOTOS
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Dear Friends:

It was a very sad day today, (September 21, 2004) I was at the Kamloops Law Courts listening to an appeal regarding previous arrests, and during the brake I listened to my messages and one was from the RCMP telling me that they were on there way to Sun Peaks to execute the enforcement order. Apparently they felt that nothing was being accomplished for their advantage between our talks with the Shuswap Nation Tribal Council.

I therefore left to Sun Peaks and made it before the police acted on the
enforcement order. Our people and our non-indigenous supporters packed their personal belongings, I then made arrangements to bring my truck to the camp location. Janice Billy also drove her vehicle to our camp area. We then loaded our vehicles with our stuff and waited the police to come down the hill.

They did and they read out to four people the court order and proceeded to arrest people. The first person left and therefore was not arrested. The
remaining three were arrested and brought to Kamloops, British Columbia,
Canada.

One person did give their name and was released immediately. Two of our people would not give their name. One person who was identified this
evening by another prisoner not related to this situation. But one person
is still in custody and is in the process of taking a fast.

It is very clear that the courts system and police force do not take us into
consideration. The legal system is basically corrupt and is set up to steal
our land and use it without even thinking about what we feel about our land. The system only thinks about what the settler or investor feels toward our land.

That kind of thinking is from Pre-Delgamuukw or before Aboriginal Title was judicially recognized because that kind of logic cannot work now, despite the fact that British Columbia judges still think it can. In this case they looked at Frank Quinn's $36 million dollar condo and townhouse sales and said that he was suffering irreparable harm, but they did not take into consideration that he was building those condos and townhouses on our land.

I know we are actually suffering a bigger loss than Frank Quinn because we lose our land through third party alienation, and he gets to sell it and
become a millionare, but we lose our culture and land. That is a real
ripp-off.

I know judges are scrambling to try and rethink how to keep the economic
status quo and sound legally logical but I really think they cannot.

The fact we own the land means that certain things are going to change. I
suppose we need to keep the pressure up and hope that more indigenous
peoples here in BC get with the fact that now is the time for change and put pressure on the system.

We own the land, they cannot deny that, they can only get us to extiguish
our rights, but if we stand up we can defeat them. It is all a matter of
belief in our rights that counts.

I saw that today in the strength of our men who stood up to a century and half old system of genocide. The use of the Royal Canadian Mounted Police for politcal purposes by using them as an armed force to settle outstanding Aboriginal Title issues about Sun Peaks expansion.

Clearly the federal and provincial government policies have failed therefore they are using armed force to allow Frank Quinn, Darcy Alexander and Sun Peaks to go on their merry way in an Secwepmec free zone inside our Secwepemc territory of Skwelkwek'welt.

We need your help to boycott Sun Peaks and Delta Hotels. Also get after the federal and provicial governments to get their policies in line with
recognizing our Aboriginal Title now.

Arthur Manuel
artmanuel@earthlink.net

[www.canadians.org]

September 23, 2004

Council of Canadians Condemns Arrest of Indigenous Activists at Sun Peaks

VANCOUVER, BRITISH COLUMBIA: The Council of Canadians joins the Union of BC Indian Chiefs, the Skwelkwek’welt Protection Centre and national and international supporters in condemning the arrests of three Indigenous protestors on Tuesday, September 21 at the Sun Peaks Ski Resort in Kamloops, BC.

“These arrests show that the Gordon Campbell Liberals are willing to use police force to keep BC open for business as usual”, says the Council of Canadians’ BC-Yukon Regional Organizer, Tara Scurr. “The provincial government is willing to openly defy a Supreme Court of Canada ruling for dealing with Aboriginal interests in traditional territories in order to allow the Sun Peaks expansion to occur in time for the 2010 Olympics”.

On September 6, Sun Peaks Resort took Secwepemc protesters to court and was granted an injunction and enforcement order to remove them from occupying Phase II of the expansion site. Rather than stepping in to protect Aboriginal Title and Rights as mandated by the Canadian Constitution, the Attorney General of British Columbia appeared in court to support the Sun Peaks motion to obtain the injunction. The provincial government is willing to facilitate corporate control over Aboriginal territories at the expense of Canada’s national and international obligations.

Chief Nathan Matthew of the Shuswap Nation Tribal Council (SNTC) stated in a joint press release with the Skwelkwek’welt Protection Centre, “there will be conflict between the Secwecpemc and the federal and provincial governments as well as developers until the federal and provincial governments live up to their legal obligations and implement the Delgamuukw and Haida Supreme Court decisions through good faith negotiations rather than through narrow, sharp dealing decisions that result in direct action and the criminalization of the Secwepemc people”.

The Council of Canadians works with grassroots activists throughout Canada to protect the commons and will continue to support a community-led process in Secwepemc Territory that seeks to uphold judicial and constitutional obligations that affirm Aboriginal Title and Rights. We are encouraged that a solid working relationship between the SNTC and the Skwelkwek’welt Protection Centre has emerged to work for the protection of these rights.

We will continue to inform our members about the efforts to exercise Aboriginal Title and Rights in Secwepemc Territory. We ask that the Canadian government stop the criminalization of Aboriginal Peoples in Canada who exercise their rights and to instead strengthen the mechanisms by which Aboriginal Peoples can assert their Aboriginal Title and Rights.

- 30 -

FOR MORE INFORMATION CONTACT:
Tara Scurr, BC-Yukon Regional Organizer,
604.688.8846
or Laura Sewell, Media Officer: 1.623.233.4487 ext. 234

Tara Scurr, BC Regional Organizer
Council of Canadians
#700-207 West Hastings St.
Vancouver, BC V6B 1H7
(Toll free)1.888.566.3888
(Phone) 604.688.8846
(Fax) 604.688.5756
www.canadians.org

[dominionpaper.ca]

PERSPECTIVE

September 30, 2004

"I take this as genocide"

Secwepemc battle BC government over land, Aboriginal Title

"The province of British Columbia was settled and colonized without treaties with the indigenous inhabitants. Large areas of BC still remain unceded, and the indigenous populations claim sovereignty over these lands."

by Kim Petersen

http://dominionpaper.ca/firstnations/20 ... e_thi.html

[cyber_seklep@hotmail.com]

Skwelkwek’welt Update – October 13, 2004

“ W H E R E ’ S Y O U R D E E D ? ? ? ? ? ? “


The Skwelkwek’welt Protection Center ( SPC ), an initiative of the Sewepemcul’ecw Traditional Peoples Government ( STPG ), along with various support groups, held a rally at Sun Peaks on August 29, 2004 to protest the on-going $285 Million, Phase 2 expansion of the Sun Peaks Ski Resort.


On the same day, under the authority of the signed July 11, 2003 Secwepemc Nation Traditional Territorial Occupation Resolution, Secwepemc members and their invited guests began construction of what was to be a permanent structure. This structure was to:


• - exercise Secwepemc Title and Rights to un-ceded Sewepemc Territory by occupying said lands


• - monitor environmental damage at Skwelkwek’welt


• - inform visitors and investors of the on-going unsettled land issue in the area


• - educate Sewepemc people, guests, the public, and the courts, of laws Sewepemc People stand on


• - restore Secwepemc culture and language to Sewepemc people (as taught by our traditional Elders)


In the last action, when Sewepemc People began the occupation of Sewepemc lands, the SPC was immediately attacked by the Sun Peaks Ski Resort Corporation, bc government officials (acting under the patently unconstitutional BC Land Act), the Royal Canadian Mounted Police ( RCMP ), the provincial court system, and certain Shuswap DIA chiefs.


A chronology of events to date:


Friday, August 27, 2004


-With no formal Shuswap Nation Tribal Council ( SNTC ) Chief’s Resolution and the non – Secwepemc people of SNTC Director Bob Moody and Chrystie Stewart for Kamloops Indian Band, identified as media contacts; 3 Identical Press releases, 1 on ordinary paper, 1 on Kamloops Indian Band Letterhead and 1 on SNTC Letterhead are issued with the support of at least 5 of 9 SNTC chiefs which condemns the rally and the invitation to UBCIC President / Penticton Indian Band Chief Stewart Phillip to attend.


Sunday, August 29, 2004


-Rally of approximately 200 people at Sun Peaks.


-Construction of Secwepemc building / residence begins.


-Secwepemc Members are issued a Trespass Notice on land where building is constructed on encumbered, un-surveyed “crown” land ( on the edge of the 16th fairway of the golf course ).


-The notice informs the people to leave by 8:00 p.m. but no one leaves the site.


Wednesday, September 01, 2004

-Members of the Secwepemcul’ecw Traditional Peoples Government ( STPG ) attend the SNTC meeting to clarify which bands are involved in the issuance of the press release. It was confirmed that 5 bands supported the press release – Adams Lake, Little Shuswap, Kamloops, Whispering Pines and North Thompson.


-3 chiefs said they were unaware of or did not approve the press release – Neskonlith, Bonaparte, and Speltsin.


-After much discussion it was agreed to hold a meeting on September 16, 2004 to discuss the Skwelkwek’welt issue further. The meeting is to take place at Skwelkwek’welt.


Friday, September 03, 2004


-SNTC Chiefs meet with RCMP NCO i/c T’kumlups Detachment ( Kamloops Indian Band Rural ) Cpl. Brian O’Callaghan,. Cpl. Callaghan, in a September 10, 2004 call to Janice Billy, could not remember what chiefs he met with nor could he recall their individual names.


-The court injunction hearing is held in Vancouver Supreme Court. Secwepemc Nationals Arthur Manuel, Arnie Jack, and Janice Billy act as their own legal counsel.

-As Jack continues to ask the Judge Satanove and A – G of bc lawyer Mrozinski for their deed ( WHERE’S YOUR DEED ??? ) to Secwepemc Territory, he enters a 4 page affidavit / outline as “Exhibit A” on behalf of himself, Janice Billy, Sawses and Sen Xexe7 T’e Spelqweqs. The existing laws and statutes relied on in this affidavit were: The Shuswap – Okanagan Declaration; Royal Proclamation of 1763; 1832 Blackdome Intertribal Agreement, BNA Section 91 ( 24 ); BNA Section 109, March 16, 1875 Duty of Disallowance ( Striking down british columbia Lands Act ); 1948 UN’s Convention for the Prevention of the Crime of Genocide; Nuremburg Principles; 1969 Vienna Convention on the Law of Treaties; 1982 Constitution Section 35 ( 1 ); 1982 Charter of Rights and Freedoms ( Section 25 ); Supreme Court of Canada’s decision of December 11, 1997 ( Paragraph 144 and 145 ) and the Haida Decision BCCA.


-Immediately after Secwepemc Elders Irene Billy and Sarah Denault testify, Judge Satanove reads her pre – written decision and unilaterally annexes 846 hectares of Traditional Secwepemc Territory. She grants the injunction and RCMP enforcement order to remove Secwepemc Nationals from their un-ceded lands at Skwelkwek’welt.


-The August 27, 2004 press release issued by the SNTC and / or Kamloops Indian Band is heavily relied upon the Attorney – General of bc’s lawyer Lisa Mrozinski, Sun Peaks lawyer John Hunter Q.C. in their lengthy submissions, and Judge Satanove in her decision.


Saturday, September 04, 2004


-The RCMP serve the Provincial enforcement order to Secwepemc Nationals and their supporters at our Protection Center. With provincial legislation usurping Canadian Constitutional Law, everyone adamantly disposes of their order in the fire and refuse to leave the residence.


Tuesday, September 07, 2004
-RCMP issue a press release stating “talks are in progress between the first nations interest group located at Sun Peaks and
local first nations representatives. Police at this time are not planning any action pending all communications being exhausted with the occupants at Sun Peaks….Police would prefer that the matter resolve itself and are hopeful that continued negotiation will resolve the issues at hand”


-In Kelowna BC, a letter is hand-delivered to Minister of Indian Affairs Andy Scott and the Federal Cabinet by Shuswap Chief Mike Retasket ( Bonaparte Indian Band ) which requests the Canadian government to intervene in the Skwelkwek’welt issue.


Wednesday, September 08, 2004


-Provincial RCMP, as represented through T’Kumlups Corporal NCO i/c Brian O’ Callaghan, visits the “cordial” Skwelkwek’welt residence and inquires about current developments with nothing new of immediate concern or nothing resolved on behalf of the RCMP. The resident video-recorder and CBC Reporter Leah Shaw record this conversation.


Thursday, September 09, 2004


-At 4:00 pm, arrogant RCMP constable Brian Castle ( Cassell ? ) visits the Protection Center and speaks to Janice Billy on the cell-phone. Three times he states on the phone “Janice, either you take this structure down or we will”. Castle also states that “all previous press releases ( ie: September 07, 2004 ) issued by the RCMP are null and void”. This is videotaped, With Castle’s (
Cassell ? ) statement implying that an RCMP attack on the Protection Center is imminent, immediate calls by the media to the Kamloops District RCMP Detachment and the T’Kumlups / Kamloops Indian Band RCMP Rural Detachment result in the denial of any RCMP officer to the site at anytime that day.


-Arthur Manuel and Janice Billy call Inspector Randy Wilson to inform him of their concerns re: RCMP behavior toward the people. Mr. Manuel and Ms. Billy inform him of their extreme concern regarding past violent actions of the RCMP on their people. An agreement is made which allows for Mr. Manuel and Ms. Billy to be contacted before any moves are made by the RCMP.


-Another Trespass Notice is issued for the Protection Center on the west side of Sun Peaks ski resort.


-The notice says to remove the center by 5:00 p.m. September 9.


Friday, September 10, 2004


-At 1:00 pm, RCMP officers Terry Grimm and Kelly Auld arrive at the Protection Center to ask when the people will be leaving. They are informed of the agreement between Inspector Randy Wilson and Arthur Manuel and that all communications will take place between these two parties.



Monday, September 13, 2004



-With Kamloop Indian Band Member Manny Jules present ( as Minister of Indian Affairs Andy Scott’s personal representative ??? ), and no inclusion of or invitation to the Sewepemcul’ecw Traditional Peoples Government, SNTC Chiefs and Kamloops RCMP ( Kamloops Indian Band Rural / District ??? ) meet secretly at the SNTC to unilaterally discuss the cessation of the exercising of Secwepemc Title and Rights at Skwelkwek’welt, Secwepemcul’ecw and the coordinated enforcement of the September 03, 2004 provincial injunction and enforcement order.


Thursday, September 16, 2004


-As pre-determined at the SNTC Council of Chiefs September 01, 2004 boredroom meeting, the SNTC, as duly represented by Nathan Mathew, and the STPG meet at the Skwelkwek’welt Protection Center. At this 3.5 hour meeting, Chairman Mathew and the STPG agree to work together. After 15 days notice of the meeting and the authority to speak on behalf of all 9 SNTC chiefs, a press release was to be finalized before SNTC Chairman Mathew left the mountain. This did not happen.

Monday, September 20, 2004


-Finally, after 4 days, a joint press release by the SNTC and the STPG states “Chief Nathan Mathew said that ‘the SNTC supports the right of Secwepemc People to occupy, use and enjoy the land and natural resource within Secwepemc traditional territory’, additional direct quotations include ‘After lengthy discussion at the Skwelkwek’welt Protection Center both groups agreed that they had sufficient common interests to continue developing complementary strategies dealing with the commercial development by Sun Peaks Resort’ and ‘SNTC and STPG will continue to meet next week to follow up on relationship building”.


-Contrary to the SNTC / STPG release, the Kamloops Daily News quotes SNTC Chairman Mathew, in a surprise flip move, stating, that “ We’re not necessarily supporting the protest…and are reviewing the impact of any legal actions in respect to broader interests “


-Sun Peaks Corporation returns to BC Supreme Court to seek an enforcement order on Madame Justice Satanove’s September 03, 2004 bc Supreme Court order.



Tuesday, September 21, 2004


-At 1:00 pm, with the July 11, 2003 Secwepemc Traditional Territorial Occupation Resolution being read to them by Sewepemc Nationals, the RCMP execute the provincial court injunction and enforcement order. Paraded in front of the media and placed in handcuffs and iron leg chains with the intent of portraying them like common criminals, three Secwepemc Nationals are arrested for occupying, using and enjoying their un-ceded land at Skwelkwek’welt, Secwepemcul’ecw. The 3 are Henry Sauls, George Manuel Jr. and Arnie Jack. They are taken to the Kamloops court house holding cells. The three are charged with “ Contempt of Civil Court Order ”. In the Pre – Proof Era of December 11, 1997 and armed with subpoenas for 17 DIA Shuswap Chiefs and their Traditional Use Studies to establish the boundary of the collective Secwepemc territory, Sauls, Manuel and Jack’s first court appearance is for November 15, 2004 in Kamloops. After all of this, the Crown in Right of Canada and the Crown in Right of bc are still unable to produce a deed to one acre of Secwepemcul’ecw.



Friday, September 24, 2004


-Janice Billy and two youth went to the Shuswap Nation Tribal Council and were locked out. Billy went there to get information she had previously requested on the phone to Jackie Sampson.


Tuedsay, September 28, 2004


-Janice Billy, Henry Saul, Leahanne Dick, and Arnie Jack went to the SNTC economic development conference in Kamloops to speak to Shawn Atleo to present him with a package of information. Janice Billy explained the situation re: DIA chiefs vs the people. He offered to facilitate a meeting with the two groups. Janice Billy told him to tell Phil Fontaine we need money to exercise our title on the land.


Thurday, September 30, 2004


-Members of the Secwepemculecw Traditional Peoples government attend a title and rights meeting at Qwe7ewt Lodge to discuss the recent events at Skwelkwekwelt. RCMP officers come to investigate a complaint that 3 people blocked the entrance of the lodge to people from Sun Peaks. Felix Arnouse called the RCMP. The RCMP confirmed that no one blocked the people from Sun Peaks. Janice Billy observed Nancy Green leaving Qwe7ewt Lodge at about 6:00 p.m.


-Letter regarding Bonnie Leonard’s reference to the people exercising their Secwpemc Title as “ Squatters ” is delivered to Art Anthony, Ronnie Jules, and Wes Francois for Felix Arnouse This letter is requesting that Bonnie Leonard publicly repudiate her statements or be fired. Letter is emailed to Nathan Matthew that morning and faxed to the rest of the SNTC chiefs and to the Cariboo Tribal Council from Neskonlith band office.


-Art Manuel met with Nathan Matthew to discuss concerns regarding the relationship between SNTC and the people.



Friday, October 1, 2004


-Janice Billy, Irene Billy, Sarah Deneault go the the Shuswap Nation Tribal Council office to deliver the signed copy of the letter Re: Bonnie Leonard. All are refused entry by 2 security guards. Judy Wilson is at the SNTC, so she agrees to deliver the letter to Bonnie Leonard and Nathan Matthew.


Saturday, October 2, 2004


-SNTC Title and Rights Director Bonnie Leonard uses intimidation tactics on Elder.


-Irene Billy and Janice Billy are at Farmer’s Market in Kamloops selling bannock. Irene is approached by Bonnie Leonard who says to her “I am very disappointed that you went with her to deliver the letter to me” Leonard refers to Janice Billy.


Thursday, October 07, 2004


-Invermere, Secwepemcul’ecw, aka Shuswap Band ( The easternmost of 17 Secwpemc Communities ). The SNTC, as represented by Nathan Mathew, demand no videotaping of the SNTC council of DIA Chiefs Meeting which was moved from the SNTC Building in Kamloops to avoid dealing with the issue of locking out their own members. Disallowing videotaping of the monthly meeting is accomplished by using ex-23 year Shuwap Chief and now Councillor Paul Sam ( aka John Martin ) to cite ‘have respect for his territory’ ( Secwepemcul’ecw ). The real reason for no videotaping was that the Shuswap Band was looking forward to the SNTC to endorse through SNTC resolution, the Shuswap Band’s relationship with Jumbo Ski Resort ( opposition to said ski resort @ www.jumbowild.com ) and thus fulfilling JUMBO’s first nations legal obligations of consultation under the Environmental Assessment Act of bc. Suspiciously, the Shuswap ( aka Invermere ) Indian Band is not a member of the 9 member SNTC. In fact. the SIB has been a member of the Knutaxa Kinbasket Tribal Council where the band has been involved in ‘treaty’ negotiations for the last decade. hmmm.


“ W H E R E ’ S Y O U R D E E D ? ? ? “


jrbilly@mail.ocis.net



cyber_seklep@hotmail.com

[c. seklep]

November 17, 2004


Supreme Court Justice Rob Powers – Fax No. ( 250 – 828 – 4952 )


Crown Counsel Lorne Fisher – Fax No. ( 250 – 828 – 4080 )


Kamloops Law Courts

Room 401

455 Columbia Street

Kamloops, bc

V2C – 6K1


BY REGISTERED MAIL AND FAX


Re: Supreme Court of british columbia, File No. S013235, R. ( Sun Peaks? ) v. Billy et al

Notice of Motion June 11, 2001

Amended Writ of Summons November 23, 2001

This letter is in response to our appearance of November 15, 2004, in Kamloops Courtroom 5B concerning the ‘crown’s’ motion for a two week adjournment of our proceedings to consider upgrading the charges against us from “Contempt of Civil Court Order” to a more serious charge of “Criminal Contempt of Court Order” on Monday, November 29, 2004.
Attempting to brand us with canadian criminal records for life for existing on our land in the pre – proof era of the Supreme Court of canada’s Delgamuukw decision of December 11, 1997 is, by all International legal standards, dishonor to the/your queen’s crown. Remember, “Aboriginal Title encompasses a right to the land itself ”.


As you know, on September 21, 2004, we were charged as a result of our international status of Secwepemc Nationals exercising our inherent right to occupy, use and enjoy land which we refer to in our language as Secwepemcul’ecw. Since we regard ourselves as only instruments of our elders policy, we will continue to act in accordance with the authority which was granted to us through the signed July 11, 2003 Secwepemc Nation Traditional Territorial Occupation Resolution.

As you also know, as afforded to us under International Law, we are representing ourselves.

As you further also know, these charges which have been levied against us originate from a bc Supreme Court Writ/Motion which has been dormant since at least November 23, 2001. Further inquiries with the originating attorneys of Louise Mandell and Dan Carroll has confirmed the fact that this Motion/Writ was never renewed since November 23, 2001. Undoubtedly, Justice Satanove knew this legal fact of a dead bc Supreme Court Motion/Writ on September 03, 2004 in Vancouver when she issued the subsequent injunction and potentially lethal RCMP enforcement order against us in her pre – written decision. Also undoubtedly, Attorney at Law, John J.L. Hunter of DAVIS & COMPANY, also knew this legal fact when he participated and was complicit in this fraudulent and dishonorable crown action against us.

Therefore, we are requesting, as a result of being charged on a dead and grossly stale Motion/Writ, that the charges against us be immediately dismissed at this time.

Failing this appeal of the crowns honor, we are hereby, with this letter, formally issuing a Notice of Constitutional Challenge/Question/Motion/Issue under Section 35.1 of the 1982 canadian constitution which reaffirms our Aboriginal, and in this specific case, Secwepemc Title, to the land in question. This constitutional challenge/question/motion/issue will be in regard to the fact that both the Imperial Crown of Great Britian and her Canadian representative, Governor – General Adrienne Clarkson, have failed to secure an internationally binding treaty of peace or cession with the collective Secwepemc Nation and this application of canada’s criminal code in concert with the province of bc’s application of the bc lands act ( which was deemed patently unconstitutional in the March 20, 1875 Canada Gazette ) is a premeditated genocidal usurpation of jurisdiction against our nation.

If, in your capacity as agents of the crown, you fail to dismiss this dishonorable action against us, then, we are demanding a deed concerning sale or purchase of Secwepemcul’ecw from our Secwepemc ancestors to your colonial ancestors. We are also demanding ANY AND ALL disclosures as well as the crown witness list against us to be made available in a timely, immediate fashion.

Failure to deal with disclosures would parallel the course of dishonorable conduct that the law courts of bc were guilty of in another Secwepemc Nation – British Crown land conflict commonly known as the Gustafsen Lake Trial ( R. v. Pena. [1997] B.C.J. No. 1405 ) in which the crown, through prosecutors Lance Bernard and Jennifer Fawcus were consistently delivering disclosures the day before their crown witnesses were to testify. We hope this will not be the preferred modus operandi of yourselves.

Further demands will include that you get the names right on any Motion/Writ you choose to proceed with. Regina v. Jack, Sen XeXe7 t’e Spelqweqs and Saw – Ses will be deemed by us as appropriate. Concerning the dead Motion/Writ, further reference to Billy, Manuel and Soper in these proceedings will only further demonstrate the crown’s ignorance and aspirations to distance themselves from the truth. True enough, Janice Billy was one of the spokespersons for the camp but the fact remains, she was not arrested on September 21, 2004. Furthermore, Nicole Manuel and Amanda Soper were not even in Secwepemc Territory let alone the country during the time period of August 29, 2004 – September 21, 2004. RCMP surveillance records will ultimately confirm these facts.


As defendants who are defending themselves, we demand subpoena’s for approximately 100+ potential witnesses ( 17 DIA Indian Act Elected Chiefs, Traditional Use Studies Managers, Traditional Elders, Past and Current Land Users, Secwepemc Historians and Youth as well as Legal Experts ) and propose that you prepare yourself to set aside possibly a year of court time for all the witnesses to be heard regarding the boundaries of the Collective Secwepemc Nation with all of their Traditional Use Studies.


Regarding transcripts, we will also demand ongoing daily transcripts and also transcripts from September 03, 2004 and November 15, 2004. Defending themselves, Gustafsen Lake Defendants were afforded this access to daily trial transcripts free of cost and we expect no less.
In the same breath we also would request, in writing, the reasons why the federal government will not be upholding their fiduciary duty to protect us against provincial usurpation of Secwepemc Jurisdiction.
We might remind you, as your legal colleagues Lisa Morinzski and John Hunter have so graciously repeated as to their preferred proper legal recourse, that the fraudulent bc treaty Process and judicial review process’, such as which the Haida is involved in, are the proper legal means to addressing Secwepemc Title to Secwepemcul’ecw, we categorically reject this legal manipulation. These processes are not economically viable ( Haida ) or culturally/morally acceptable ( Fraudulent bc ‘treaty’ process ) to rank and file Secwepemc Nationals such as ourselves. Given these immediate circumstances, failure to openly debate the Secwepemc Title in your law courts after you have screamed that you have ultimate jurisdiction over our unsurrendered Secwepemc Land ( Secwepemcul’ecw ) will be the final and ultimate dishonor you bring to your precious Imperial Crown of Great Britian. This Imperial Crown is the same crown which our Secwepemc Ancestors have an agreement with, as symbolized by your provincial flag… “For as long as the sun shines, the grass grows and these three rivers flow through our territory, this will always be Indian Land ”
We await your professional and expeditious reply.


John Arnold Jack ,Saw – Ses, Sen XeXe7 t’e Spelqweqs

cc:

Prime Minister of Canada Paul Martin – Fax No. ( 613 – 941 – 6900 ) pm@pm.gc.ca

Governor – General of Canada Adrienne Clarkson – Fax No. ( 613 – 998 – 1664 ) info@gg.ca

Fed. Min. of Ind. Affairs Andy Scott – Ottawa Fax No. ( 613 – 996 – 9955 ) NB Fax No. ( 506 – 452 – 4076 ) scotta@parl.gc.ca


Sun Peaks Owner Masayoshi Ohkubo c/o Sun Peaks Manager Darcy Alexander – Fax No. ( 250 – 578 – 7223 )


Union of BC Indian Chiefs President Stewart Phillip – Fax No. ( 604 – 684 – 5726 ) jpc1@ubcic.bc.ca


Title and Rights Alliance of bc Member Guujaaw – Fax No. ( 604 – 313 – 8250 )

Secwepemc Traditional Elders Council William Jones Ignace

Secwepemcul’ecw Traditional Peoples Government Spokesperson Janice R. Billy jrbilly@mail.ocis.net

[Roadblockers go to Jail]

INTERNATIONAL STATEMENT
T’kumlups, Secwepemcul’ecw - Thursday, June 16, 2005 – 11 pm PST

SUN PEAKS RESORT CONTINUES DESTROYING SECWEPEMC LAND AND SENDING SECWEPEMC
NATIONALS TO JAIL IN PROCESS

In Kamloops Supreme Court today, Justice F. Cole jailed four Secwepemc
Nation members – Nicole Manuel, Rose Jack, Trevor Dennis and Mark Sauls
for their participation in a 4 hour roadblock on August 24, 2001 at
Skwelkwek’welt (Sun Peaks Ski Resort).

Sentences ranged from 45 days for 28 year old Secwepemc mother of 2,
Nicole Manuel, to 90 days for three other Secwepemc Nationals, Trevor
Dennis 26, Rose Jack 25 and Mark Sauls 24.

Two other Secwepemc Nationals in today’s proceedings, Beverly Manuel and Miranda Dick were given suspended and conditional sentences, respectively.

Following an established pattern since December 15, 2004, Justice Cole
denied all attempts by the defence to have numerous constitutional
questions submitted to his court concerning the BC Lands Act dealt with
before sentencing in this matter was administered.

“Since December 15, 2004, we have targeted the patently unconstitutional
1874 BC Lands Act as the center of our legal actions and defense. Canada’s 1875 Duty of Disallowance reaffirms this illegal definition,” stated
defendant Beverly Manuel.

Secwepemcul’ecw Traditional Peoples Government spokesperson Janice Billy said, “I deplore the imprisonment of my people for upholding our sacred responsibility to protect our land from destruction by Sun Peaks Resort Corporation.”

She added, the “the imprisonment of our people is just one of the many
immoral tactics used by the BC provincial courts, government, and
corporations to continue the theft and destruction of our unceded lands.
Rather than deal honorably with us, the government uses the RCMP, courts, and media to carry out their theft and destruction. The young people jailed have shown tremendous courage to stand up to this oppressive and racist system.”

Attending court for the sentencing, Bonnie Andrew, councillor of the
Neskonlith Indian Band, said “The government has to respect our rights to
this land as Indigenous People and quit it’s ‘business as usual’ approach.”

Despite the continuing desecration of our traditional territory and the
governments refusal to respect our Title to Secwepemcul’ecw, Secwepemc
Nationals will continue to ‘occupy, use and enjoy all lands within our
Nation’. This is the exact principle which was mutually agreed upon by the
Secwpemcul’ecw Traditional Peoples Government and the Shuswap Nation
Tribal Council on September 20, 2004 prior to the arrests of three other
Sewepemc Nationals on September 21, 2004 at Skwelkwek’welt.

For More Info contact

Janice Billy (250)318–4290
jrbilly@mail.ocis.net
Skwelkwek'welt Protection Centre.
Secwepemcul’ecw Traditional Peoples Government
Box 837, Chase, bc V0E-1MO ( 250 ) 318 – 4290

http://www.skwelkwekwelt.net