Skwelkwek'welt Court Cases
Skwelkwelkwelt Protection Center
Since the Secwepemc have begun their occupation of their traditional lands in the Skwelkwek'welt area (also know as Sun Peaks); they have been subject to a number of charges and injunctions. All the cases are directly related to the outstanding land issue in our traditional territory and within our 1862 Neskonlith Douglas reserve.
1996
The three Chiefs of the Neskonlith, Adams Lake, and Little Shuswap Bands filed a specific claim on the 1862 Neskonlith Douglas Reserve.
1999
The Government of Canada stated that the claim did not disclose an outstanding obligation of the part of Canada and that they were unable to
recommend that the claim be accepted for negotiation under the Government
of Canada’s Specific Claims Policy.
October, 2000
The Secwepemc began their occupation of their lands at Skwelkwek'welt near the Sun Peaks Ski Resort.
June, 2001
The Secwepemc began their occupation of land at MacGillvray Lake. Sun Peaks Corporation attempted to seek an injunction to remove Secwepemc who were living at MacGillvray Lake, but were unable to as they did not have 100% jurisdication over the land. Sun Peaks has a Controlled Recreation Agreement with the Province of BC at this site.
July, 2001
Secwepemc, who had occupied the area in Skwelkwekwelt for nine months, were presented with a court injunction. The land on which the injunction order was issued was registered as Crown land until approximately two weeks before the injunction was served. In this time, Sun Peaks Ski Resort applied for and was granted a lease on the property without consultation with or consent of the Secwepemc. The court injunction was sought to have the Secwepemc removed so a water line could be built on the site. The Judge granted the injunction based on an affadavit from Darcy Alexander, Vice-President of Sun Peaks Corporation and a hand-drawn sketch of the area (no legal description was presented). Judge Nancy Morrsion granted the injunction. Four Secwepemc including two Elders refused to leave and were charged with criminal contempt.
October, 2001
The Government of British Columbia issued the Secwepemc a trespass notices on two locations – MacGilvray Lake where a young Secwepemc woman had constructed her home and one within the Sun Peaks controlled recreation agreement area where Secwepemc were living in a tent structure.
November, 2001
The Government of British Columbia issued the Secwepemc a seizure notice on two of their properties in the above-mentioned locations. Five Secwepemc are arrested at MacGillvray Lake at the time of the seizure issuance. The Government server was accompanied by six RCMP officers.
December 3 and 5, 2001
Madame Justice Beams granted an enforcement order to remove Secwepemc from the two locations. The court heard a number of witnesses for Sun Peaks and the Crown relay their “safety concerns”. Throughout the entire time, the Secwepemc lived peacefully in these locations. The court order was granted based on the “safety” of Sun Peaks residents and visitors. The court order prohibited the Secwepemc from occupying any land or erecting any structure within the base area of the Sun Peaks Controlled Ski area until May 15, 2002. The court order regarding MacGillvray Lake prohibited the Secwepemc from occupying an area of unsurveyed Crown land at MacGillvray Lake encumbered by Licence #337506. This court order did not prohibit the Secwepemc from erecting any structures in the said area.
The court order regarding MacGillvray Lake is still in effect. The Neskonlith and Adams Lake Bands have filed a Statement of Defense and Counter Claim regarding the trespass and seizure notices.
December 10, 2002
The Royal Canadian Mounted Police with instructions from the Government of British Columbia acted on the enforcement orders. The Secwepemc, including two Elders, occupying the two sites left voluntarily to avoid arrest. The tent structure in the Sun Peaks Controlled Recreation Agreement was demolished and removed. The permanent home (constructed out of cordwood) at MacGillvray Lake was completely demolished. Two sweatlodges at the site were also demolished. The RCMP ordered huge snowbanks on the road leading to MacGillvray Lake to prevent Secwepemc from returning to the site.
January, 2002
The judges decision regarding the criminal contempt charges against four Secwepemc (refusing to obey court injunction) will be heard.
Court cases – Criminal charges related to assertion of Aboriginal Title and Rights
December, 2001
One Secwepemc youth was found guilty of obstruction and failing to obey a court order stemming from arrests at MacGillvray Lake upon delivery of the seizure notice. He was sentenced to 30 days in jail.
July, 2002
One Secwepemc supporter is found guilty of obstruction stemming from arrests at MacGillvray Lake upon delivery of seizure notice. He was sentenced to 30 days in jail.
September, 2002
Three Secwepemc women are found guilty for blocking a road leading into the Sun Peaks Ski Resort in August, 2001. The women used the color of right defense. They believe that the Sun Peaks Ski Resort is built on Secwepemc title land without the consent or approval of the Secwepemc. Judge Eugene Sather ruled that their beliefs were beyond reason and bordered on the "ridiculous”. The sentencing included: 45 days prison time and one year probation for Nicole Manuel; 6 month conditional sentence to be served in the community and a 100 meter restriction from Sun Peaks Resort for Miranda Dick (because she has a 4 month old baby) and a suspended sentence for Beverly Manuel with the same conditions as Miranda. The judgment is being appealed and will be heard in March, 2003. The sentences are stayed pending the outcome of the appeal.
November, 2002
Four Native youth are found guilty for blocking a road into the Sun Peaks Ski Resort and with mischief for blocking an excavator. The color of right was again used for the defense. Judge Sandu rejected the defendents beliefs saying they were coached and did not really believe in what they were doing was right and did not know about aboriginal title.
Sentencing will take place in December, 2002
January, 2003
One Native youth (aged 16 years) will be sentenced for resisting arrest stemming from a roadblock on a road to Sun Peaks in December, 2001. The same youth will go to trial for obstruction charge stemming from seizure notice delivery at MacGillvray Lake in October, 2001.
March, 2003
One Secwepemc Youth and one supporter will face charges of mischief stemming from an incident within the Sun Peaks village. One Secwepemc youth was assaulted. The non-Native who assaulted her did not get charged but she got charged with mischief.
March, 2003
Five Secwepemc women, including two Elders, will face charges for blocking a road into the Sun Peaks Ski Resort on December, 2001.
April, 2003
The court will present verdict on the charges of One Secwepemc Elder and three Secwepemc women for blocking the road into the Sun Peaks village in December, 2003.
April, 2003
The appeal for the conviction of Native youth on road block charges stemming from August, 2001 will be heard and decided upon.
April, 2003
Amanda Soper is sentenced to 120 days for three charges from incidents stemming from incidents while asserting Secwepemc Title and Rights at McGillvray Lake and Sun Peaks Ski Resort.
May, 2003
Judge Dohm will set date for his decision on intimidation and mischief charges on Irene Billy, Janice Billy, Elizabeth Clemah, and Sheila Ignace.
COURT ORDERED RESTRICTIONS PLACED ON THE SECWEPEMC
Nicole Manuel – restricted from being within 2 kilometers of Sun Peaks administration office
Marc Sauls – restricted from being within 10 kilometers of Sun Peaks village David Sanderson – restricted form being within 5 kilometers of Sun Peaks village
Amanda Soper – restricted from being within 10 kilometers of Sun Peaks Ski Resort for two years.
Irene Billy, George Manuel Jr., Henry Sauls, and Charles Willard – restricting from being in Lot 6265 in Sun Peaks area
Janice Billy, Sarah Deneault, Amanda Soper, and Nicole Manuel, John Doe, Jane Doe, and persons unknown acting in concert with them – prohibited from occupying the area of unsurveyed Crown land at MacGillvray Lake encumbered by License #337506.
