!!!ATTENTION ALL SECWEPEMC!!!

This concerns YOUR Aboriginal Rights and Title to Secwepemcul’ecw.

NOTICE: Adams Lake, Skeetchestn, Splatsin and Tk’emlups have signed a Reconciliation

Framework Agreement (RFA) effective as of April 4, 2013, however they may withdraw within 30

days. The following handout outlines some concerns for the attention of all Secwepemc Citizens.

Whether you are from these communities or not we are all affected.

The meat of this agreement is an “Engagement Model” to “strengthen B.C.’s investment

climate” regarding access to resources in Secwepemcul’ecw.

o This model lists 342 ways the province affects Secwepemc Rights (called an Impact

Matrix)

o Each of these ways is ranked as:

Very Low – unlikely to affect Secwepemc Rights

Low – small affect to Secwepemc Rights

Medium – moderate affect to Secwepemc Rights

High – major to severe affects to Secwepemc Rights

o Each of these levels have a related level of Provincial Duty-to-consult of: None,

Notification, Normal and Deep.

o Each of these levels of consultation have timelines of: Zero Days, 10 Days, 25 days

and 60 days.

o A “Delegated Decision Maker” then decides if the project goes ahead.

o If these timelines are not met the Delegated Decision Maker (a provincial employee)

makes a decision about the project or decides on an extension to the timeline.

Example: Mine Exploration(bigger than 0.6acres) Medium Normal 25 Days Decision

What does this mean?

o This list of 342 possible ways of impacting on your rights DEFINES what your

aboriginal rights are, putting them into 4 categories. YOU as Secwepemc do not

choose this.

o This process completes the Province’s duty-to-consult and the Provincial Delegated

Decision Maker has the final say on whether a project goes ahead or not.

Why is this a concern?

o By signing this agreement and agreeing to its terms the jurisdiction over YOUR right as

a Secwepemc citizen (of one of these bands) to self-determination is effectively

passed over to the province.

o There are 90 days, from April 4th, to adjust the levels of consultation but the result is

the same: plugging your Secwepemc Title and Rights into existing provincial

government land and resource programs and services subject to provincial legislation.

o The province already walks all over us, but we have not agreed to it, once agreements

are made the province then has a receipt, a piece of paper, saying, IN REALITY they

have jurisdiction over the rights of the citizens of the bands on the lands mapped out.

When that bell has rung, there is no un-ringing it. Our children will not be able to say:

“the province has no jurisdiction in Secwepemcul’ecw.” When they want to oppose a

mine and the province approves it, they can’t talk about inherent rights, because

those rights are defined by this agreement and the final decision is the Province’s.

The following are some specific provisions and definitions (in quotations) from the Agreement to

think about:

“18.2 b) Secwepemc band councils have the legal power, capacity and authority to act for, and

on behalf of Secwepemc members with respect to Secwepemc Aboriginal Rights, and to

make the covenants, acknowledgements and representation in this Agreement;

c) Secwepemc have taken all necessary action and obtained all necessary approvals to enter

into this Agreement for, and on behalf of Secwepemc members;”

Sensitive Sites must be “…confirmed through a criteria-based sensitivity assessment by the

Thompson Okanagan Region’s Ministry of Forests, Lands and Natural Resource Operations

and included in the TOR (their) Sensitive Site Database.” (e.g. our important Spiritual sites

must be validated and recorded by the government. The technicians or gov’t officials will be

deciding what is sensitive and what is not, according to our law, all land and water is sacred

and sensitive to destruction).

Regarding Traditional Knowledge and information about Sensitive Sites “16.5 (c) if the Province

receives a request under the Freedom of Information and Protection of Privacy Act for

disclosure of information received from Secwepemc, the Province will provide Secwepemc

with notice of the request and the opportunity to express any views regarding the

disclosure prior to making any disclosure. (Our Secwepemc Traditional Knowledge and

Sensitive Sites will be accessible to any Canadian citizen!!!)

“20.9 This Agreement is to be governed by the applicable laws of Canada and British Columbia.”

(Secwepemc Laws are not included. The communities signed on this agreement infringe

upon the title and rights which belong to all Secwepemc).

Although the Laurier Memorial is included in the Agreement:

“20.8 The Province’s acknowledgement of the importance of the Sir Wilfred Laurier Memorial to

the Secwepemc does not reflect the Province’s position on the matters described in that

document.”

“Government-to-Government Engagement (G2G) means formal opportunities for bilateral

discussions, which seek to resolve land use and resource management issues in accordance

with the Engagement Model” (final decision maker is the Delegated Decision Maker

provincial official).

This G2G engagement is under “applicable laws of Canada and British Columbia.”

What is “Government” when talking about the Province?

The Ministry of Aboriginal Relations and Reconciliation(MARR) with participating

agencies: Min. of Forests, Lands and Natural Resource Operations; Min. of Energy and

Mines; and Min. of Environment

As you can see from the Government participants and purpose, “to strengthen B.C.’s investment

climate.” This Agreement is about economics, money.

Why does the Province need an agreement with the First Nations to strengthen the B.C.

economy?

Our Aboriginal Rights are in Section 35(1) of the Canadian Constitution

The Supreme Court in the 1997 Delgamuukw decision recognized Aboriginal Title.

The Province does not hold legal title to the lands of B.C.

This means, without this Agreement, from the perspective of industry: the ownership of

lands and resources is not clear; the real decision maker over the use of land resources is

not clear; and despite the Province granting permits we still have Land Claims cases, and

direct action (e.g. blockades). From the industry perspective, the Permit from the

Province is NOT the be-all-end-all, because their timelines can still be screwed up.

Predictable timelines are VERY important because companies have to borrow money for

their projects and their INVESTORS would rather invest in something more predictable.

This is why industry comes to First Nations and offers them bits of money for consent.

This situation is called ECONOMIC UNCERTAINTY. This scares away investors; this

weakens the Provincial economy; this reduces possible tax revenues for the Province.

Because the Province does not recognize Aboriginal Title in practice, this creates

economic uncertainty.

Why is this so important?

This Reconciliation agreement is all about an “Engagement Process.”

o This means CLEARLY defining the extent of Aboriginal Rights;

o CLEARLY defining the TIMELINE that the province will fulfill its duty to consult;

o ACCEPTING that the final decision is made by a provincial Delegated Decision Maker

o NEVER recognizing Aboriginal Title

by plugging Secwepemc Title and Rights into existing provincial government land and

resource programs and services subject to provincial legislation; by accepting the terms of

this agreement, ECONOMIC CERTAINTY IS ACHIEVED.

Once economic certainty is achieved, the Province has NO incentive to negotiate further

Secwepemc Rights and certainly has NO incentive to talk about Secwepemc Title. Crown Economic

UNcertainty is our biggest negotiating chip for having our Secwepemc TITLE recognized in practice.

(Crown) Economic Uncertainty is (but not limited to):

IdleNoMore events, demonstrations and teach-ins

A greater presence on the land

Asserting Secwepemc law for all to follow, monitoring all uses of land (territorial authority)

Creating our own permitting processes and environmental laws

Rejecting provincial jurisdiction through Secwepemc National Governance

The negotiating leverage of

economic uncertainty requires

more than one or two or four

communities. Secwepemcul’ecw

has billions and billions of dollars

in economic leverage buried in the

ground, this is why all Secwepemc

need to work together. Two

communities here and 4

communities there and another 5

communities over there just won’t

do it. Secwepemcul’ecw needs to

be economically unified.

Secwepemcul’ecw, wel me7 yews, wel me7 yews

This is the map included in the RFA. Simpcw (the blue) has since pulled out of the Agreement.

Neskonlith (part of the Lakes Division – Pink) has also pulled out of the Agreement. NOTE that the

Skeetchestn-Tk’emlups Division has claimed in their territory the main community of St’uxwtews

(Bonaparte, just north of Cache Creek). (“Secwepemc” is defined in this agreement as the 6

signatory communities, not the 17 Secwepemc communities.)