[IPSM] Secwepemc battle BC government over land, Aboriginal Title

[Indigenous Peoples Solidarity Movment - Montreal]

Secwepemc battle BC government over land, Aboriginal Title
by Kim Petersen
(http://dominionpaper.ca/firstnations/2004/09/30/i_take_thi.html)


"You may be able to use your police to grab and handcuff our elders,
land-users and youth and haul them away. But you will not be able to keep
them away from our land. They will return and all our people will return."
These are the words of Chief Arthur Manuel of the Secwepemc, who have long
been locked in a struggle over land rights with developers and the British
Columbian government.

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. One such area is in the southeastern part of British Columbia where
a nation of 17 bands, the Secwepemc people, continues to struggle to
recover their territory they call Skwelkwek'welt.

About 30 kilometres northeast of the BC interior city of Kamloops, on what
used to be known as Tod Mountain, is Sun Peaks, a golf and ski resort
built on Secwepemc territory. A $70 million development plan for Sun
Peaks, submitted by the Japanese consortium Nippon Cable and investors
Nancy Greene and Al Raine, was approved the BC government in 1997. This
plan permits Sun Peaks to expand the resort from 4,000 to 20,000 beds and
put ski runs on the nearby Mt. Morrisey. The Secwepemc rejected the
development, and have since been engaged in an ongoing battle to win
recognition from the provincial government and courts.

The Secwepemc have been opposing the development of their lands for more
than a decade; 54 people have been arrested for protesting. Neskonlith
Band Chief Arthur Manuel, who is among those already arrested and
sentenced, commented that the "sentences are directly linked to the
failure of the Canadian government's Aboriginal Title land policies". He
decried the absence of "good-faith negotiations" related to Aboriginal
title in BC as was mandated by the Supreme Court of Canada's Delgamuukw
decision, which legally recognized the existence of Aboriginal Title in
Canada.

The decision limited infringement on Aboriginal Title to cases where it
was demonstrable that the infringement is for the good of society or
resource regulation. Since the Supreme Court decision, First Nations have
the right to legally challenge infringements. Upon such legal challenge
the government must meet a "justification test" to demonstrate that its
legislation is valid. Any infringement as per the Delgamuukw decision must
accommodate the interests of the affected First Nation. Following the
Constitution Act of 1982, only the federal government has authority over
Aboriginal title.

The Secwepemc have not yet launched a title claim, a requirement of
Delgamuukw; therefore, Sun Peaks has not been subject to a "justification
process." The government of BC has nonetheless proceeded without a legal
determination of the legitimacy of Aboriginal title in the case of the
Secwepemc.

Manuel admonished the BC government for its failure to negotiate on the
expansion of Sun Peaks Resort based on the applicability of the Haida
Tree-Farm License case, a unanimous BC Court of Appeals decision that
determined that the province and corporate logging giant Weyerhaeuser must
accommodate Haida Title rights, and Haida cultural and economic interests.

On 29 August a convergence organized by a group of local First Nations
people, the Council of Canadians, and the Union of British Columbia Indian
Chiefs attracted nearly 200 people in support of the Secwepemc people in
their struggle. One placard summed up the struggle succinctly: “no justice
on stolen land.”

Neskonlith First Nation organizer Janice Billy identified the issues:
"It's the continuing destruction of the land, the ongoing expansion
project that we're opposed to, and the non-recognition of our title to the
land in this area." In this spirit, the Skwelkwek'welt Protection Center
has resorted to erecting tents on the resort, blockades, and protests.
Journalists Harsha Walia and Stefan Christoff commented, “these are not
just protests for the sake of protesting.”

>From a camp on the planned 16th fairway of a golf course, Billy revealed
Secwepemc plans for the site: “it's going to be a center for youth and
elders to come together and teach cultural activities like hunting and
trapping and preserving meat. You can't teach those things down on the
reserve.”

I have known genocide ever since I was six-and-a-half years old..."
Sun Peaks tourism director Chris Nicholson sides with the resort. “It's
got a legal right to exist, and everything that happened was approved in
the early 90s by the provincial government.”

Kamloops-North Thompson MLA Kevin Krueger defended the resort, threatening
the protestors with trespass charges: “If they do not respond by vacating
the property I expect they will be arrested and charged. If they put
themselves through this course they'll end up with criminal records.”

“Sun Peaks is a major generator of jobs locally and is fully supported by
people of Kamloops, and that includes First Nations groups who have a
number of very successful ventures with the resort,” said Krueger.

In reply, Secwepemc leaders maintain that the Provincial government's
decisions are illegitimate, and have not taken into account the legal
rights granted by Aboriginal Title.

To make room for fairways and ski trails, trees are being cut.
Skwelkwek'welt is a thriving ecosystem for deer, moose, bears, beavers,
lynx, bobcat, cougars, to wolverines and a variety of plants, many
essential to the Secwepemc as sources of food and medicine. The resort
will also place enormous water and energy demands on the local ecosystem,
while threatening intensified pollution. The BC government has brushed
aside Secwepemc concerns on the environment and culture though recognized
by the UN Convention on Biological Diversity.

The resort also allegedly destroyed Secwepemc sweatlodges and a cordwood
home. The Secwepemc and their supporters continue to erect permanent
structures to back their claim to Title.

The Secwepemc Nation have been served with a notice of trespass and a
court injunction (sought by Sun Peaks) and face forcible removal from
their territory in the coming week.

In support of the Secwepemc Nation, a group in Montreal has initiated an
economic boycott of Skican Limited, the only distributor of travel
packages to Sun Peaks Ski Resort, and has organized a phone-in to Skican
on September 30 from 9am to 5pm.

Secwepemc elder Irene Billy spoke out against the long-running occupation
of Skwelkwek'welt at the convergence:

“I have known genocide ever since I was six-and-a-half years old... My
language was taken away from me; my culture was taken away from me. When
we said no expansion, no development. I take this as genocide... I don’t
accept any more genocide.”