Stk’emlupsemc te Secwepemc Nation

Stk’emlupsemc te Secwepemc Nation is going to court to secure Aboriginal title to unceded traditional territory in interior B.C. They will face vigorous opposition from well-resourced government and corporate lawyers. Will you stand with the Stk’emlupsemc te Secwepemc Nation?

Reclaiming land, sustaining culture

One place at the heart of the area being reclaimed through the title case is Pípsell (Jacko Lake), a spiritual and historical site in close proximity to the Water World (the aquifer), the Sky World, the Prayer Tree, the Hunting Blind complex and associated grasslands, and habitats of species at risk such as the Sharp-Tailed Grouse, Burrowing Owl and American Badger.

The Secwepemc have declared Pípsell a Cultural Heritage Site. In the Pípsell Declaration, the Secwepemc state that their “decision to preserve and sustain Pípsell is for the long-term benefit of all Canadians, ensuring the future enjoyment of this special place serves to further reconciliation.” That decision was made in accordance with the important principles of Secwepemc Law outlined in Oral History (Stseptekwll, or “Trout Children”) regarding reciprocal accountability to living beings on the land.

CAMPAIGN MISSION

Stk’emlupsemc te Secwepemc Nation is going to court to secure Aboriginal title to unceded traditional territory in interior B.C.

Your Turn To Make A Move

A title win would facilitate a new, healthier economic development and resource development, one that seeks to balance the ecology, people, land and businesses. Stk’emlupsemc te Secwepemc land title is about building and maintaining long-term sustainable economic development in a healthy environment.

Will you stand with the Stk’emlupsemc te Secwepemc Nation?

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What Would A Win For The Stk’emlupsemc te Secwepemc Nation Case Achieve?

Ecological Protection with Indigenous Values

The Secwepemc have a process and way of managing the land and resources at maximum productivity that had kept the land in a near pristine state and benefited each succeeding generation for the last 12,000 years. The title case will facilitate the application of that established knowledge into the future management and development of the land and resources for future Secwepemc and settlers alike.

A Vision for Community Sustainability

Stk’emlupsemc te Secwepemc Nation are not “anti-development”. In fact, they have been mining, trading and conducting other business-type activities for thousands of years. They continue to own band businesses and are developing solid relationships with resource corporations.

”Before contact there was pristine land teeming with salmon and deer. This is when the Secwepemc followed the caretaker laws and relationship between humans and the land. In the Secwepemc language we are relatives to one another (Kwseltktenews). Among the Secwepemc every person has a right to clean air, clean water, properly managed lands for foods, spirituality, economic enterprises.
Robert SimonCommunity Member

Questions & Answers

Who are the Stk’emlupsemc te Secwepemc?

The Secwepemc Nation is an Indigenous group that occupies the Secwepemc traditional territory in southern Interior B.C. The Secwepemc language is part of the Interior Salish group of languages.

The Stk‘emlupsemc te Secwepemc Nation (pronounced ste-kem-LUP-sem t’ suh-WEP-muhc, “people of the confluence”) is a governance division of the Secwepemc Nation, situated in the Secwepemc traditional territory around the confluence of the two Thompson Rivers and Kamloops Lake. It comprises two groups, Skeetchestn and Tk’emlups, known as the Stk‘emlupsemc te Secwepemc Nation (SSN).

SSN is a progressive community committed to attaining self-government and independence through education and economic development. The Nation won a Community Economic Developer of the Year award in 2008 for creating 200 jobs and generating $200 million in regional economic activity, all while strengthening their community with childcare, education, and healthcare facilities. A Secwepemc-owned construction company builds homes to Secwepemc traditional design using an abundance of reclaimed timber from the Pine Beetle infestation. SSN currently has approximately 1,000 members living on and off its 33,000-acre (130 km2) reserve.

What is the legal action about?

The Secwepemc determination to pursue title to their lands in court is grounded in Secwepemc Indigenous law and the concept of yecweminem — the obligation to care protect land, water and sky worlds within Secwepemc territory.

The Secwepemc filed a civil claim before the Supreme Court of British Columbia. The legal remedy they are seeking includes the following:

a declaration that the Secwepemc Nation holds Aboriginal title to Stk‘emlupsemc te Secwepemc territory, which is part of Secwepemc Traditional Territory;
a declaration that the Secwepemc people hold Aboriginal rights;
a declaration that by issuing permits and authorizations to the KGHM Ajax mining company, Canada and B.C. have unjustifiably infringed on the Secwepemc Aboriginal Title and Rights.
an injunction prohibiting any mining, timber harvesting, or road building pursuant to permits and authorizations granted to KGHM Ajax in respect of the proposed Ajax mine;
and damages for the past and continued infringements of Secwepemc Aboriginal title and rights.

British Columbia intends to “vigorously oppose” the Secwepemc title case, even though its own Environmental Assessment Office has estimated that the Secwepemc have a strong prima facie (“upon initial examination”) case for both Aboriginal title and Aboriginal rights.

Will this case set a precedent?

The Secwepemc title case will set a precedent for future legal actions and advance the legal rights of Indigenous Peoples in Canada by determining to what extent private property rights are subject to underlying Aboriginal rights and title rights as protected by section 35 of The Constitution Act, 1982.

The proposed Ajax Mine project location at Pipsell (Jacko Lake) is within the Stk‘emlupsemc te Secwepemc (SSN) territory and is contrary to SSN land use objectives for this sacred, culturally significant and keystone site. A determination of Aboriginal rights and title will advance self-government including decision-making and management of SSN lands, but also widen the scope of protection available to other First Nations communities whose lands, culture and way of life, are threatened by private industrial activity.

How much money is needed to bring this case to trial?

According to Stk‘emlupsemc te Secwepemc legal counsel, Sarah D. Hansen, this is a complex case that will take several years to litigate. The ultimate amount of legal costs depends on many factors that are not within the control of the Stk‘emlupsemc te Secwepemc, notably any pre-trial motions brought by Canada, British Columbia or KGHM Ajax. For their part, the Stk‘emlupsemc te Secwepemc need to bring a comprehensive and substantial evidentiary record, expert witnesses, and oral testimony from community members.

Where does the money go?

All the funds raised for Stk’emlupsemc te Secwepemc Nation campaign go to Indigenous litigation. 85% of the funds raised go to Stk’emlupsemc te Secwepemc Nation to fund their legal challenge. RAVEN receives 15% of campaign funds raised to sustain our operations.

What happens if we can't use the funds raised?

If a legal challenge is terminated, and the money raised exceeds the litigation expenses, we place the remaining funds into the Discretionary Litigation Fund. We use the money in the Discretionary Litigation Fund to add funds to any of our litigation campaigns that need extra funds for any reason (e.g. to respond to a Crown motion, or to commission additional expert reports).