Update

Tuesday, September 22nd, 12pm

The RCMP is up at the camp and arrests are imminent. Many Skwelkwek'welt defenders are already in Kamloops Courts this week appealing previous
roadblock charges. We must fight back against the genocidal policies of the Canadian government and as police and state violence against
indigenous peoples is escalating. The Skwekwelwek'welt community has continously inspired many in resistance, indigenous and non-indigenous alike, that the
fight for self determination and freedom must be won by taking action to assert and defend our rights. Now is the time to support them. * see below
for ways of supporting the struggle. *

Human Dignity

September 14, 2004

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 here 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 Manuel

Urgent Picket, Monday

September 11, 2004
 
URGENT DEMONSTRATION:
SUPPORT THE SKWELKWEK'WELT DEFENDERS!
MONDAY, SEPTEMBER 13 @ NOON
BURRARD SKYTRAIN STATION
 
We will meet at Burrard Skytrain Station (on street level at the benches) and we will march one block to Department of Indian Affairs- BC Regional
Office 1138 Melville Street.
 
The interlocutory injunction sought by Sun Peaks and granted by the BC Supreme court will likely be enforced soon, likely within the next 72
hours, by the RCMP. The Skwelkwek'welt camp defenders will face arrest, despite the fact that they are legally residing on their traditional
territories.
 
Art Manuel writes "The court order is kind of a BC form of legitimate aparthied. It is clear that the Secwepemc peoples have legal and
constitutional rights at Sun Peaks but they are being wilfully ignored by the federal and provincial governments and by Sun Peaks. The failure of
the federal policy to reconcile the differences between Secwepemc peoples, the province and Sun Peaks will more than likely lead to arrests, tonight,
tomorrow or the day after.  The RCMP will again be used as a political force to fill the gap for the Canadian government's outdated and
internationally condemned Indian Aboriginal Title extinguishment policy."
 
In the face of imminent arrest, the Secwepemc people need and call for our support and solidarity. We will be picketing at the Department of Indian
Affairs, a colonial creation to "manage" the Indian question, responsible for a policy based on Extinguishment of Aborginal Title and Rights, that
allows corporations like Sun Peaks to continue business-as-usual despite legally binding decisions like Delgamuukw and Haidi to honour Aboriginal
Title.
 
(There are several key targets close-by for flyering:
Hotel Vancouver operated by Fairmont which manages Delta Hotels, Delta Hotels 550 West Hastings, Law Courts (800 Smithe).
* Some people were planning on meeting after the picket at Vancouver Art
Gallery to coordinate that *)
 
Organized by Land, Freedom, and Decolonization Coalition
noii-van@resist.ca
778 552 2099
http://apc.resist.ca/skwelkwekwelt

Wilful Blindness, Law and Order or Just Plain Apartheid, BC Style

September 8, 2004

 

Yesterday, September 7, 2004 late afternoon and early evening I had the opportunity to sit with some Secwepemc and white supporters at the Skwelkwek'welt Protection Center as they talked about what has been happening as they wait for their impending doom to sooner or later be arrested by the Royal Canadian Mounted Police.

 

The people sit at fairway 16 at the Sun Peaks Country Golf Course and over look the Mount Morrisay Ski Run and some of the town houses and condominiums being built by Sun Peaks.  The place is an environmental mess as Sun Peaks is chopping up the McGillivray Creek water shed that has been there for thousands of years, to make into a golf course, ski area and exclusive hide out for the rich.  The court order is kind of a BC form of legitimate aparthied.

 

They sit their like committed soldiers understanding their mission to save Mother Earth but caught out there all alone.  Society based upon fantasyland type enjoyment and a quick cash satisfaction to a stressful world have endorsed Frank Quinn's plead for an injunction so he can build 60 condominiums and 48 townhouses at Sun Peaks over preserving the traditional values, language, knowledge and activities of the Secwepemc peoples.

 

It is clear that the Secwepemc peoples have legal and constitutional rights at Sun Peaks but they are being wilfully ignored by the federal and provincial governments and by Sun Peaks.  The Skwelkwek'welt Protection Center pled their case before Justice Satanov on September 3, 2004 but Irene Billy, Sarah Deneault, Janice Billy, Arnie Jack and Arthur Manuel were not heard.  Sun Peaks and the province pled before the BC Supreme Court to continue the wilful blindness, and the federal government was no where to be seen.

 

The failure of the federal policy to reconcile the differences between Secwepemc peoples, the province and Sun Peaks will more than likely lead to arrests, tonight, tomorrow or the day after.  The RCMP will again be used as a political force to fill the gap for the Canadian government's outdated and internationally condemned Indian Aboriginal Title extinguishment policy.  It is clear that Secwepemc culture and language are linked to their land and cannot be extinguished without extinguishing themselves, therefore it is a cruel and genocidal policy, therefore is not accepted by us, so standing out there is really the only solution for a peoples pushed hard against a rock and hard place.

 

They call for your support and solidarity in their struggle.  They ask for your prayers and for your support, whatever it maybe to stand up to the Canadian Liberal Government in their effort to crush them, with silence and adherence to extinguishment of their Aboriginal Title at Sun Peaks.  Put

pressure on the NDP and Bloc Quebecois to force the minority Liberal Government to come up with a new policy that recognizes Aboriginal Title and not extinguishes it.

 

Canada must live up to the promise of the Supreme Court of Canada in the Delgamuukw that "we are all here to stay".

 

Arthur Manuel

Sun Peaks Court Order - Economic Racism

September 4, 2004
Sun Peaks Court Order - Economic Racism

The Supreme Court of British Columbia banned Aboriginal political presence at Sun Peaks in an interlocutory injunction on September 3, 2004.  The interlocutory injunction prohibits the Skwelkwek'welt Protection Center from having a camp at Sun Peaks to monitor the destruction and sale of their land.  People who are at the camp now could be arrested at any time.  This decision completely ignores or recognizes any value to our Secwepemc indigenous economy.

The Honourable Madame Justice Satanove accepted an Order drafted by Darcy Alexander, Vice President and General Manager of Sun Peaks and Frank Quinn, Lawyer and Sun Peaks Investor.  The Order gives the Royal Canadian Mounted Police (RCMP) orders to stop and arrest any Indian person and their friends who they suspect are going to occupy land at the base area of Sun Peaks.  People arrested under this provision would be charged with "Criminal Contempt of Court".

The BC Court Order totally endorses Sun Peaks' economic interests and denies the fact that indigenous peoples do have economic rights, including the right to politically defend and protect their proprietary interests when they are being willfully ignored by the federal and provincial governments and industries like Sun Peaks.

Justice Satanove totally backed up Darcy Alexander and Frank Quinn's condominium and townhouse development.  Frank Quinn stated in his Affidavit that he is building 60 condominiums and 48 townhouses.  Condominiums at Sun Peaks average about $255 thousand dollars a unit which totals to $15 million dollars.  Townhouses average approximately $445 thousand dollars which totals $21 million dollars.  The total sale to be made by Frank Quinn under this Court Order is $36 million dollars.  Mr. Frank Quinn said in his Affidavit that "if the camp is not removed, I believe sales for both these projects will be negatively affected".

Darcy Alexander tried to discredit the efforts of the Skwelkwek'welt Protection Center by using a controversial and questionable Press Release issued by the Shuswap Nation Tribal Council (SNTC).  Darcy Alexander submitted the SNTC Press Release as "Exhibit D" and said in his Affidavit that "the Shuswap Nation Tribal Council, which does represent local Indian bands, has issued a press release objecting to the protest."  At the BC Supreme Court hearing Sun Peaks' legal counsel said the so called protestors did not represent any body and were opposed to by the Shuswap Chiefs.  Madame Justice Satanove used the SNTC Press Release to justify her prohibition order.

The Skwelkwek'welt Protection Center did argue before the BC Supreme Court that Aboriginal Title does have an economic component and that this economic aspect of Aboriginal Title needs to be taken into account in the "balance of convenience test" used to decide who is going to suffer irreparable economic harm.  It is clear that Frank Quinn would not suffer anything by having to wait until our Aboriginal Title matters are dealt with, but we would suffer immediately if he is allowed to build the 60 condominiums and 48  townhouses.  This was totally ignored.

The BC Supreme Court was briefed that the World Trade Organization (WTO) did take our economic interests into account when the Indigenous Network on Economic Trade (INET) had three amicus curiae submissions accepted in the Canada US softwood lumber dispute.  In those submissions it was argued that "the federal government's non-recognition of Aboriginal Title is a cash subsidy to the Canadian forest industry".  This also applies to the land that is being sold by Darcy Alexander and Frank Quinn.  It is clear that BC Supreme Court on this matter is living in the dark ages when indigenous economic interests are valued at zero but when the same property is granted to white investors it is valued at current market values.  This is a form of systemic economic racism.

The BC Court Order was drafted by Darcy Alexander and Frank Quinn and basically prohibits any Indian person from going to Sun Peaks, because it makes them subject to immediate questioning and possible arrest for Criminal Contempt of Court.  The BC Court Order does have some limitations in the area and in terms of purpose but on the ground Indian people always feel extreme duress under any prohibition enforced by the RCMP.  This has been described in many Indian criminal justice reports.

In fact the sign "No Indians Allowed" is being enforced by this BC Court Order.  It is based upon giving developers and real estate agents an "Indian Free Zone" to sell our land under the protection of an injunctive remedy by the BC Supreme Court.  This kind of lopsided valuations needs to stop if the economic conditions of our people are going to meaningfully and substantially improve.  Aboriginal title does have a macro economic component.

The provincial government did argue that other alternatives do exist like the Haida Case but they were reminded that the province has not set a process to implement this.  And that the decision to approve Phase 2, and the $285 million dollar expansion was not subject to the Haida process so their position was basically only giving lip service to the Haida decision. The BC government said they did not want to stand on their "Trespass Notice" but only on public interest arguments.

It is clear that the BC government realizes that Trespass is pretty hard to defend against Aboriginal people who have Aboriginal Title.  In fact the Supreme Court agreed with the province to skirt around the Trespass issue and focus on the behavior of the Secwepemc people and supports living at the camp as being a nuisance.

The avoidance of dealing with Trespass however does not make the sale of the condominiums and townhouses legally perfect from a private property point of view.  It is clear that the province and Sun Peaks are making these sales with the full knowledge that the Secwepemc peoples reject these real estate deals.  The only support they got is from the Shuswap Nation Tribal Council, who does not have Aboriginal Title at Sun Peaks.  Aboriginal Title belongs to the Secwepemc peoples collectively and actually use and defend their land according to their traditional values, knowledge and activities.

Right now there are about 12 people at the Skwelkwek'welt Protection Center camp and they are subject to this Court Order.  I feel these people are on the front line defending the indigenous economic interests of our peoples. The traditional values, knowledge and activities they defend are the basis of our economic rights as indigenous peoples.  I fully support them in their committed effort to expose the way the Canadian judicial system's "injunctive remedy" is the legal means to impoverish our peoples.

Our people will not get one cent form Frank Quinn's $36 million dollar real estate deals - with our land - the only outstanding question is what did the Shuswap Nation Tribal Council get from Frank Quinn, Darcy Alexander and Sun
Peaks?

Arthur Manuel

Urgent Support Needed For Skwelkwek'welt

September 2, 2004

Vancouver

 

The Skewelkwek'welt defenders will be traveling to Vancouver to represent themselves during the Court hearing Friday, September 4th, 2004. Court support is crucial to ensure that yet another building on Secwepemc territories is not destroyed or bulldozed in blatant violation of Aboriginal Title and rights.

 

Please come to courts on Friday.  They are also looking for people to come up and stay at the protection centre at Skwelkwek'welt for the weekend.  Check the links below for more info.

 

<><><><><><><><><><><><><><>

Friday, Septemeber 3 @ 2 pm

BC Law Courts

800 Smithe Street

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* Bring banners, placards and any recording (video/audio) equipment *

 

Sun Peaks is seeking an injunction and an enforcement order against the Skwelkwek'welt Protection Center in the BC Supreme Court tomorrow.  The provincial government is not seeking the injuction or enforcement order but they support Sun Peaks in trying to get the injunction and enforcement order.

 

This motion by Sun Peaks comes after the provincial government served a Trespass Notice on the Skwelkwek’welt Protection Center on August 29, though the province has not yet acted to enforce the Tresspass Notice.

According to Arthur Manuel, "I think they are hesistant to move on their Trespass notice because of the legal soundness of our argument, in light of the Haida Decision. They are looking for something like a fight or army clothing or something that they used in the past to justify not having to deal with the constitutional aspect of the Trespass Notice."

 

Other ways of supporting the Skwelkwek'welt defenders are outlined below(going up to Sun Peaks, letter writing, food/financial donations etc). 

 

Now that the Skwelkwek'welt defenders are building yet another permanent structure off-reserve on traditional Secwepemc territories (adjacent to Sun Peaks golf course) as an assertion of their inherent and legal Aborginal Title, it is imperative that we continue to support this crucial struggle. The position of no more expansion is very clear. The courage of the defenders in physically establishing themselves on traditional territories despite all odds - police, government and corporate harrasment, and risk of arrest - continue to inspire us.

 

Please check the website for future support work and a public meeting/ discussion next week.

 

In struggle,

Land, Freedom, Decolonization Coalition

Update on the Skwelkwek'welt Defenders

September 1, 2004

Thank you to all those who supported the Convergence this weekend. Please read on to find out how you can help continue the struggle.

Now that the Skwelkwek'welt defenders are building yet another permanent structure off-reserve on traditional Secwepemc territories (adjacent to Sun Peaks golf course) as an assertion of their inherent and legal Aborginal Title, it is imperative that we continue to support this crucial struggle.

On August 29, shortly after the 250-strong protestors left, the provincial government served a Trespass Notice on the Skwelkwek’welt Protection Center.  The Trespass Notice articulates the position that the construction of a permanent monitoring center on unoccupied Crown Land adjacent to Sun Peaks’ expansion is a violation of the BC Land Act. Janice Billy has said “it is business-as-usual for the province and Sun Peaks.  They are both treating Aboriginal Title as if it does not even exist. The BC Land Act is outdated because even the Supreme Court of Canada has recognized Aboriginal Title in all of unceded lands, including Sun Peaks.”

At present, the community continues to remain at the building site and the RCMP have been monitoring the Skwelkwek'welt camp and have not yet acted to enforce the Tresspass Notice. According to Arthur Manuel, "I think they are hesistant to move on their Trespass notice because of the legal soundness of our argument, in light of the Haida Decision. They are looking for something like a fight or army clothing or something that they used in the past to justify not having to deal with the constitutional aspect of the Trespass Notice."

The position of no more expansion is very clear. The courage of the defenders in physically establishing themselves on traditional territories despite all odds - police, government and corporate harrasment, and risk of arrest - continue to inspire us.

You can support the struggle in the following ways:
1. Go up to Skwelkwek'welt
2. Donate supplies and money
3. Letter Campaign

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Update on the Skwelkwek'welt Defenders

September 1, 2004

Thank you to all those who supported the Convergence this weekend. Please read on to find out how you can help continue the struggle.

Now that the Skwelkwek'welt defenders are building yet another permanent structure off-reserve on traditional Secwepemc territories (adjacent to Sun Peaks golf course) as an assertion of their inherent and legal Aborginal Title, it is imperative that we continue to support this crucial struggle.

On August 29, shortly after the 250-strong protestors left, the provincial government served a Trespass Notice on the Skwelkwek’welt Protection Center.  The Trespass Notice articulates the position that the construction of a permanent monitoring center on unoccupied Crown Land adjacent to Sun Peaks’ expansion is a violation of the BC Land Act. Janice Billy has said “it is business-as-usual for the province and Sun Peaks.  They are both treating Aboriginal Title as if it does not even exist. The BC Land Act is outdated because even the Supreme Court of Canada has recognized Aboriginal Title in all of unceded lands, including Sun Peaks.”

At present, the community continues to remain at the building site and the RCMP have been monitoring the Skwelkwek'welt camp and have not yet acted to enforce the Tresspass Notice. According to Arthur Manuel, "I think they are hesistant to move on their Trespass notice because of the legal soundness of our argument, in light of the Haida Decision. They are looking for something like a fight or army clothing or something that they used in the past to justify not having to deal with the constitutional aspect of the Trespass Notice."

The position of no more expansion is very clear. The courage of the defenders in physically establishing themselves on traditional territories despite all odds - police, government and corporate harrasment, and risk of arrest - continue to inspire us.

You can support the struggle in the following ways:
1. Go up to Skwelkwek'welt
2. Donate supplies and money
3. Letter Campaign

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