Copyright © 2002 NLThomas
All Rights Reserved

Skwelkwekwelt, Secwepemculecw - Skwelkwek'welt Protection Center Number 6 has been set up at the entrance of Sun Peaks Ski Resort to protect Aboriginal Title and ensure the accommodation of indigenous interests. The recent Haida decision of the BC Court of Appeal clearly established the requirement of consultation of Aboriginal people prior to developments on their traditional lands and of accommodation of their interests. No steps in that direction were ever taken by Sun Peaks Ski Resort who unilaterally proceeded with its expansion plans despite the explicit opposition of Secwepemc land users and youth.

Instead of respecting the recent court decision Sun Peaks issued a letter calling for the immediate removal of Skwelkwek'welt Protection Center because they "have not communicated with the corporation about your activities or received our approval to carry them out". The Secwepemc denounced this request as a mockery of the Haida decision, which requires Sun Peaks to consult the Secwepemc in a letter addressed to Masayoshi Ohkubo.

In the letter the Secwepemc also made it very clear:
We put you on notice that we dispute the legality and validity of the present Master Plan and interests in land granted under it, and assert that you must consult with the Secwepemc people to accommodate our Rights regarding any further development. We urge you to immediately reverse your decision and align it with recent court decisions.

In case Sun Peaks and the provincial government want to again go against the courts and act to remove Skwelkwek'welt Protection Center Number 5 and 6, the Secwepemc have established a network of support and human rights observation groups and monitors who have been placed on alert. A number of them amongst them the Mennonite Central Committee, Christian Peacemaker Teams, Canada-Columbia Solidarity Campaign, and Sami delegates from Samiland. (Sapmi). These groups visited Skwelkwek'welt this week to meet with Secwepemc and devise plans for training for human rights monitors to be sent to the area and support peace-building efforts. These efforts are urgently needed in the light of on-going police intimidation and harassment of the Secwepemc. Doug Pritchard of Christian Peacemaker Team said, "We have worked in many aboriginal communities and we call upon all Canadians to respect the rights of their Aboriginal neighbors".

Sophie Aikio from Samiland stated, "the Secwepemc are facing the same concerns as indigenous peoples all over the world. Whatever happens in Canada affects us as well. Indigenous peoples throughout the world are following the situation of the Secwepemc in Canada"

Despite the concentrated efforts of the BC Government, Sun Peaks Corporation, and the RCMP to forcibly remove and displace the Secwepemc from their lands, the Secwepemc will continue to occupy and use their traditional lands in Skwelkwekwelt and other areas within their traditional territory such as the Upper Adams where Interfor holds an illegal forest license.

For more information contact Janice Billy, Cell: 250-317-4290.

Skwelkwekwelt Protection Center
Secwepemculecw
C/O Box 608
Chase B.C. Canada
Phone 250-679-3295 Fax 250-679-5306

March 15, 2002

Mr. Masayoshi Ohkubo
Sun Peaks Ski Resort/Nippon Cable

Dear Mr. Ohkubo,

In reference to your letter dated March 7, 2002 to occupants of the Skwelkwekwelt Protection Center, we remind you that we have evidence of our Aboriginal Title and Rights to the area you are referring to - Controlled Recreation Agreement area adjacent to Sun Peaks utility and maintenance infrastructure. We delivered to the Province a Traditional Use Study ("TUS"), which is only partially reflective of how we exercised our rights on the land. We enclose an affidavit prepared by Dr. Elias, which was filed in recent Court proceedings and which establishes a strong prima facie case of our Aboriginal Title and Aboriginal Rights.

The Secwepemc people have never given their consent and approval of your Master Plan. We have not even been consulted about this Master Plan; nor did the Government or Sun Peaks make any effort to accommodate our Rights. We have never approved the present development or the proposed expansion plans of your resort. The Master Plan and Sun Peaks' developments pursuant to the Master Plan infringes on our Secwepemc Title and Rights. Our Elders, whom we take direction from, make it very clear that they want all proposed development outlined in the Master Plan stopped immediately.

Sun Peaks Corporation has not displayed any good faith to negotiate or accommodate with us as evidenced in Darcy Alexander's letter of March 7th, 2002.

Our Secwepemc people have never given up our inherent rights to traditional territories and we have maintained our obligations to protect them. The Supreme Court of Canada recognized Aboriginal Title in the 1997 Delgamuukw decision. Two recent decisions of our B.C. Court of Appeal, including The Haida Nation and Guujaaw v. Minister of Forests and Weyerhauser, makes it very clear that Aboriginal peoples must be consulted prior to development on their lands and that their interests have to be accommodated even before Aboriginal Title has been proven in the courts. Therefore, Sun Peaks and the Province should have consulted with the Secwepemc people regarding the development of Sun Peaks Resort to accommodate our interests. To date, no such steps have taken place. In fact, our Aboriginal Title and Rights have been completely ignored in the past. One example is the trenching of the road to Mt. Morrisey which infringes on our Aboriginal rights in this area.

A second decision, Taku River v. Ringstad, also decided that consultation to accommodate is a constitutional requirement before a tenure is issued. In the Taku case, the tenure was quashed; in the Haida decision, the Court stated that there was a clear breach of duty when the tenure was issued, and ordered the Company and the Government to engage in Court-supervised, good-faith negotiations to create an accommodation with the quashing of the tenure as a possible outcome. These decisions clearly put in question the legality of your Master Plan and opens it up for review. We have conducted Traditional and current-use studies over the Skwelkwekwelt area. Sun Peaks Resort has chosen not to consult with us and consider our interests, which have repeatedly brought to your attention. It is not the Secwepemc who have to consult with Sun Peaks on how and where we exercise our Aboriginal Rights and Title. Your tenure is now open to challenge, and based on the recent Court cases, is not legal as it presently stands.

We have living Elders who possess knowledge of our traditional activities, including our laws and uses of the land at Skwelkwekwelt. These Elders will testify in court and provide evidence of our Title and Rights in this area.

The arrogance displayed by Darcy Alexander in the letter dated March 7, 2002 dishonours the courts whose decisions your company, too, must respect. You are willfully breaching your obligation to accommodate Secwepemc interests.

We put you on notice that we dispute the legality and validity of the present Master Plan and interests in land granted under it, and assert that you must consult with the Secwepemc people to accommodate our Rights regarding any further development. We urge you to immediately reverse your decision and align it with recent court decisions. In the event you choose not to, we will take further action.

Yours truly,

/s/ Janice Billy, Spokesperson

C.C.
Chief Ron Jules, Adams Lake Band
Chief Arthur Manuel, Neskonlith Band
Chief Felix Arnouse, Little Shuswap Band
Chief Stewart Phillip, Union of BC Indian Chiefs
Chief Matthew Coon Come, Assembly of First Nations
Secwepemc Chiefs
Louise Mandell, QC
Inspector Sam MacLoed
Premier Gordon Campbell
Attorney General Geoff Plant
Indian Affairs Minister Nault
International Support Groups