[IPSM] [vancouver] URGENT- Thurs Court Support for Secwepemc Defenders

[Nora Butler Burke]

---------------------------- Original Message ----------------------------
Subject: URGENT- Thurs Court Support for Secwepemc Defenders]

* pls forward *

URGENT COURT SUPPORT FOR SECWEPEMC DEFENDERS

+++++++++++++++++++++
THURSDAY OCTOBER 5
9:30 AM
B.C. Court of Appeal
800 Smithe Street
+++++++++++++++++++++

:::::: SHOW YOUR SUPPORT FOR THE SECWEPEMC DEFENDERS :::::::

In Kamloops Supreme Court on June 16 2005, four Secwepemc Nation members
received jail sentences 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 of the defenders Beverly and Nicole Manuel will be returning to court
on * THURSDAY OCT 5TH AT 9:30 AM * in order to appeal the lower court
decision. The courts have denied the defence to have numerous
constitutional and jurisdictional questions submitted concerning the BC
Lands Act.

“Since December 15, 2004, we have targeted the patently unconstitutional
1874 BC Lands Act as the center of our legal actions and defense,” stated
defendant Beverly Manuel. Secwepemcul’ecw Traditional Peoples Government
spokesperson Janice Billy said “ I deplore the criminalization 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.”


:::::::::::: BACKROUNDER ::::::::::::::

“On December 10th, 2001, International Human Rights Day, Sun Peaks Resort
and the province of BC demolished several homes at Skwekwek’welt. One home
demolished was my family’s. We returned home to discover our home
bulldozed to the ground with absolutely no trace that we had ever been
there. Where our house previously stood was a groomed ski trail.  The pain
my family felt that day was unspeakable. I held my two children in my arms
and we wept together. I will never understand how other human beings can
treat us in such an atrocious, hateful way. It is wrong that Sun Peaks can
come into our homes that we built with our blood, sweat and tears.
Ultimately it is the Indigenous peoples, including my children, that are
paying the real cost for Sun Peaks to exist where it is and for their
tourists fun-filled packages.”
- Native Youth Movement warrior Nicole Manuel

“Let’s be clear: this is not about a ski hill. It is about a plan to build
a small city in the mountains, a place for urbanites to have a weekend
getaway -- and for developers to make a killing on real estate. Let’s be
clear about something else: the massive expansion of the Sun Peaks Resort
is an act of violence. British Columbia’s First Nation peoples have
already been robbed of so much. It is the duty of all Canadians living on
stolen land to join in the struggle.”
- Naomi Klein, author of No Logo

Sun Peaks Resort is built in Secwepemc territories, land which has never
been ceded, released, nor surrendered. The BC government and Sun Peaks
therefore has no authority over the Secwepemc people or their lands.

Despite the recognition of the inherent land rights of Aboriginal People
as Aboriginal Title in Delgamuukw, and despite the Haida decision that
requires provincial and private 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 by abiding by the principal of Title itself.

The Royal Proclamation of 1763 asserts that "And We do further strictly
enjoin and require all Persons whatever who have either willfully or
inadvertently seated themselves upon any Lands within the Countries above
described, or upon any other Lands which, not having been ceded to or
purchased by Us, are still reserved to the said Indians as aforesaid,
forthwith to remove themselves from such Settlements."

Still, Canada and BC, with disturbing disregard for the highest legal
authority in Canada, continue to ignore Secwepemc Title and consequently
ignore their own laws. The United Nations has repeatedly condemned Canada
for violating International Human Rights in its treatment of indigenous
communities and the UN Special Rapporteur for Human Rights recently
visited Secwepemc Territories to document the injustices committed against
the peoples of land.

The development of Sun Peaks Resort has continued without participation of
those with Title to the land. The government disregarded environmental and
cultural impact studies performed by the Adams Lake and Neskonlith Indian
Bands and refused to engage in consultation and meaningful discussion with
the bands about the development. 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.

Since purchasing the resort in 1992, the Japanese holding company, Nippon
Cable, has expanded on site accomodation from 100 beds to 4000. 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. In June 2004 with the Olympic
bid, the expansion now totals $285 million:

The Secwepemc people set up the Skwelwek’welt Protection Center at the
entrance of Sun Peaks resort in order to protect their Aboriginal Title.
To date, 54 arrests with charges from criminal contempt and intimidation
by blocking a road to resisting arrest have been made. Charges range from
criminal contempt, mischief, intimidation and obstruction of a police
officer to intimidation by blocking a road, resisting arrest, and breach
of bail conditions.

In January 2003, a BC judge found four Elders NOT guilty for refusal to
obey an injunction obtained by Sun Peaks Resort to tear down the
Skwekwek’welt Protection Center. The judge found that the Crown could not
prove beyond a reasonable doubt that the defenders intentions were
criminal. As she left court, Elder Irene Billy stated: "I always knew we
were right, this is our land, and Sun Peaks and the province cannot remove
us.”