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ABORIGINAL RIGHTS - - - - - - - Nicole Manuel and Beverly Manuel members of the Secwepemc (Shuswap) First Nation have won a major legal victory! March 30, 2007 News and Comment by Tehaliwaskenhas Bob Kennedy, Oneida Copyright Turtle Island Native Network http://www.turtleisland.org Their lawyers argued on their behalf, "Can ancestral, traditional or customary First Nations beliefs about land entitlement or ownership amount to beliefs about private law for the purpose of colour of right analyses in Canadian law?" In making her ruling, Madam Justice Levine concluded, "I am persuaded that the appellants have raised an issue of law of importance that has not previously been addressed by this Court". Nicole Manuel and Beverly Manuel participated in a roadblock on Sun Peaks Road near Kamloops, in August 2001. They were convicted in Provincial Court on September 16, 2002, of unlawfully obstructing a highway and mischief. The convictions were upheld on appeal to the Supreme Court of British Columbia on November 12, 2004. They took the position that they honestly believed that, in accordance with aboriginal law, they had a legal right to block Sun Peaks Road. Nicole Manuel testified that her understanding of the laws of her people, which she described as "natural laws" and the "laws of the Creator", imposed a duty on her and her people to take care of and preserve the land. The trial judge accepted the sincerity of Nicole Manuel's beliefs about the ownership of the land in question, but concluded that "she was acting pursuant to a belief in a moral right under the law of the Creator". He took into account, in assessing the reasonableness of Nicole Manuel's belief, an 1862 agreement between Chief Neskonlith and British Governor James Douglas (the Neskonlith Reserve Agreement), and the rejection by the federal and provincial governments, on a "without prejudice" basis, of a claim made by the Secwepemc people in 1996 for recognition and re-establishment of the boundaries and territory set aside for the exclusive use of Indians under the Neskonlith Reserve Agreement. The BC Supreme Court held that the trial judge had correctly determined the facts and applied the law. However, the BC Court of Appeal now has reversed those lower court judgments, in favour of the two Neskonlith Indian Band women. - - - - - - - BACKGROUND Protesting Against the Expansion  of Development on Secwepemc Land
Land of the Shuswap
November 16, 2004 Irene Billy, Sheila Loanne Ignace, Janice Rose Billy and Elizabeth Ann Clemah, all Secwepemc women. Judgment . . . 2004 BCSC 1474 R. v. Billy et al Niki Valencia Manuel, Beverley Phyllis Manuel and Miranda Dick, Marcus Frank Sauls, Trevor Leon Dennis, Roseanne Gladys Jack and Roderick Clayton Anderson
"My Land is Being Taken Away" Arthur Manuel, Neskonlith Indian Band Secwepemc Rights
Amanda Soper and her son were joyfully reunited today after able arguments were made by Stuart Rush before the Associate Chief Justice today in Vancouver Law Courts today. Tuweet her 7 month old son was prohibited from being with his mother since February 22, 2003. Amanda and Tuweet would like to extend their very sincere appreciation for those who stood behind them during this very difficult period of time. Tuweet Manuel was part of the welcoming delegation at the Vancouver International Airport for Mr. Rodolfo Stavenhagen, the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples. It is clear that the failure of the Canadian and British Columbia government to adequately deal with the objection of the expansion of the Sun Peaks Ski Resort from 4,000 to 24,000 bed units is causing the violation of the human rights of Secwepemc Peoples who live off that area. Mr. Rodolfo Stavenhagen did go to Sun Peaks and did meet with Tuweet and other Secwepemc Peoples there. Amanda Soper could not join them because she was being held prisoner at the Burnaby Correction Center for Women. Mr. Stavenhagen in a jester of goodwill to Tuweet agreed with Tuweet that he did not have to wear socks. On a more serous note Mr. Stavenhagen said he was very impressed with the commitment of the peoples to defend their rights as indigenous peoples. Arthur Manuel Neskonlith Band, Secwepemc Nation P.O. Box 854 Chase, British Columbia, V0E 1M0 CANADA Telephone: (250) 679-3413 Fax: (250) 679-3403 Mobile: (250) 319-0688 This is a .pdf file Secwepemc -- March 2002 Skwelkwekwelt January 2002 Newsletter Munich, Germany Protest Photos Stop Sun Peaks - German Web Site Destruction of Secwepemc home, Our Land Our Culture December 5th, 2001 Detailed Report - Brutal Arrests Native youth at McGillivray Lake Photos September 2001 "Tourist developments work to displace Native Youth Movement - Secwepemc  Legal Notice  © All contents are copyright 1998 - 2008 No material from this site may be reproduced, modified, republished, transmitted or distributed in any way without the owner's prior approval. All Rights Reserved by Tehaliwaskenhas Bob Kennedy This is a Native Owned and Operated Web Site |
