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- - SCT File SCT 7003 .: No 19 SPECIFIC CLAIMS TRIBUNAL

BETWEEN

XTSA : XA . Claimant : ’ V MAJESTY QUEEN RIGHTIndigenousCANADA HER OF representedTHEthe IN Crown Relations As by Minister THE of Respondent

RESPONSE of Pursuant to Rule Tribunal 42Practicethe Claims Rules and Specific of Procedure filed the - Act the This the Claims Response is provisions , Tribunal and under of of Specific SpecificClaims Tribunal Practiceand . Rules Procedure

TO XA XTSA As’ Darwin representedby , Hanna : & Barristers &Solicitors Callison Hanna : 2784 Alamein Avenue6 S ; BC 2 Vancouver V 1 darwin chlaw .ca Email @ L : , 2

I 1 Context , ’ ), known The the xtsa legally the Douglas DouglasClaimantFirst ofaslegal First the Xa and fiduciary Nation ( alleges ( ) to duties in breaches in the by “ Majesty the QueenNation Right the of Crown relation division of . Tribe reserves” the Tribe . Douglas “ Douglas” bands in The , thebetween of three Tier the Nation the1956 division request Douglas was done they a First and becauseat joint Skookum . Chuck wanted separated “ ”Douglas is trust account as TheBand the First one in Douglashistorical 2 NationThe three bands the record the Douglas Douglasof Tribe Tribe bandsdescribedinclude First Nation ” as the the known the Band Samahquamch Skatin also Chuck and SHUCK Band The Skatin SamahquamSkookumthe form present day In Nation are “ and in Douglas First part thisand treaty negotiations . currently The - was of process 2010 Nation untilthey. withdrew in - . the . The Nation alleges ofreserves the DouglasFirst that 1956 divisions among three 3 Douglas the was a of obligations Tribebands. Crown fiduciary breach ’ legal andDouglas duty . They dividing the tothe Douglas, First Nation assert that Tribe three a of . reserves among the was surrender Douglas First Nation reserve that bands lands Crownfailed provide compensationfor the reserve and the to adequate landstaken . , the By dividing the Douglas reserves Crown was formalizing what was ” Tribe 4 . to of Douglas Tribe “ already be true the Bands Each bands understoodthat by . certain reserveswere by their respectivebands understood owned . The is to this Respondent mandated respond to claim by the. Specific Claims 5 / of and 2011 119 and consistent the Tribunal Rules Practice Procedure ( SOR ) with the in duties and functionsof Crown right of Canada in the conduct of litigation . The affirms the between theresolutionof specific claims. Respondent relationship- and thebroader goal reconciliationof between First Nations andthe Crown and 6

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Samaquam 3

outstanding

Minister

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SFIUCK

the

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, ( 1 1 rv , , , , , 4 or No Rule Admissions ( IV . Denials Knowledge 42 d)) the the as 27 , , , , , of The admits facts10 set , the following paragraphs of 11 in 33 Crown 16 26 Part V 52 Declaration 19 out 37 54 of Claim , and 28 43 46 49 and 30 31 45 - 55 to paragraph the : ’ Respondent jfirst 12 In, response the a clarifies Douglas ” in first . T . Reillyto r p l 1881 This 8O visited, Indians Commissionergroup the “: the Douglas is also referred in historicalt records as Tribe . T ” b T the Douglas Commissioner Reilly three groups comprising . identifieduougias asDouglas Tribe the Sam quam “ uougias- seir c O ah Skookum chuck . ah presentlyas are and The (Sam quam ) presently known Samahquam iNation. the First Nation f : Known ’ > . Samahquam “ The me presently as. Skatin out d (Skookum chuck are known the First Nation ” , V V . Skatin v “ ) e . ” are - -- ’ as as ( me identify the xtsa DouglasFirst Nation - . “ ) Xa -

The • . . f McKenna McBride Commission could” only make recommendations - - regarding reservecreation . . . g , for OIC 1036 legallycreated theDouglas) Tribe all threegroups- ( . reserves Douglas Tribe asfollows . Reserves” . . “ : NEW WESTMINSTER AGENCY or - Tribe Reserve Number Description Acreage Band Douglas Tribe Samahquam New Westminsterthe 249.00 1 District at 24 Mile Post onthe Douglas , Portage LillooetRiver . 5 , , NEW Acreage Tribe or WESTMINSTERDescriptionAGENCY Reserve Number the Tribe Band At North Baptiste 1 Little Lillooetend LOTof 67.00 Douglas Smith A as, SamahquamBand Lake Group New 5536known District IB side Westminster 71.00 Lake1 of Little OnLillooetWest ,known as 99 , Lot 5535 Group1 New , DistrictWestminster Tribe Sachteen 15.00 . Mile Douglas 2 NewDistrict nearthe 23 Westminster , Post DouglasRiver Portage 99 onthe No 2 To 50.00 55 . of and . A South adjoining2 Reserve 3 36.00 Sweeteen New the, 99 DistrictWestminsternear . onthe21 MilePost Douglas Portage, . , 526.00 4 the Mile Skookumchuck NewWestminsterat 19 99 District the , Douglas Poston Portage Lillooet River , 99 Sklahhesten 5 NewWestminster at the 79.00 the 14MilePost on Portage Douglas Lillooet River . 99 to 55 A addition Reserve . 185.00 5 AnNo Lelachen 5New 37.50 99 6 Westminster, the . , Lillooet ict on DistrRiver about 3miles fromits mouth New Westminster, 0.75 99 Graveyard 7 . on the right District Lillooet bank of the River% milebelow T

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or WESTMINSTER , Tribe ReserveNEW DescriptionAGENCY Acreagei Band Number No Lelachen 8 New Reserve Douglas 6 , of Westminster the atthe head 030.00 55 District at ' Harrison Lakethe, and 1 9 Lillooetmouth of Morteen New WestminsterRiverthe. imoer 125.00 District Mile , the 17 on Douglas . 55 PostPortageat Lillooet , 55 Franks ,River Westminster, the , 109.00 10 NewDistrict Mile , the Douglas on at 11 . PostPortage Lillooet River His ReservingMajesty , however^ successorsHis untoassigns lessees and theof such lessees, said all timber on , within the lying ofease land a certain boundaries 113 dated numbered to 1891 issued last April or , JamesMcLaren any thereof, renewal Lot , and as numberedknown 936 , Group New Westminster, of District the ,right and HisMajesty His successors lesseesand assigns toenter upontime to saidland 1from time tocut remove timberand said Douglas Perrets , 30.00 Tribe 11 New Westminster District near the 10 Mile Post on the . DouglasPortage . 13

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.

. , , 12

a described as on , that was acres low men flat As he swampy found 5 , exception80 old d Nothe the a attending Indians of were absent two J feast potlatchwith the River to or on was therefore obliged without this Fraser defining particular leave , “ 38 reserve ” I on , On 6 1884 reportedthat again Indians June O the he visited the of . On ’ to had . . “ band visit that residing DouglasReillycomplete workNo my to left en a formerof at he lach acres place visit allocated 6 Leunfinished 60 and this fishing ’ , contains favourite stations this . . used by reserveHe 8 areserve Reillyalso thatNothis7 , an two and the acresband I allotted ancient graveyardthe No for of ” O statedto . ” “Douglas666 far as , “with completes reservations tribe able deal “ ” am them as . . The of this . is 39 Minute Decision accompanying report May 1884 , . dated, 5 ” to On October 1897 wrote of 27, Reilly , Secretary Indian Affairsthe to . . 40 that he O’ theMcLean Douglas say to Skookum ( principal went chuck ) reserve “ theoccupiedChief by a Indians. JL with . number of after lengthened conference Paulwereand and a sicsmall the Indians desirous to his five reserves . defined which neonle possess I ’ Reilly thereserves follows 41 O described as . ” 2 a :is an Sackteen adjoinsand extensionof reserve No No 82 acres 2 . a of No Morteen reserve 9 hesten extension 5 Sklah , 150 acresand isan of no No a 82 5 10 No Franks acres . 33 acres . . No 11 Perrets

Decision describing the is Indians 42 The Minute of , reserves entitled Douglas ” and 1897 “ . dated September 30 . 43

Reserve

44

45

47 46

.

.

.

.

.

Superintendent

Douglas On

1915

The

Skookumchuck

allotments

The

Skookumchuck

On

The

4

by

A

band

and

Samahquam

Skookumchuk

Douglas

April

Commission McKenna

Confirmation

November

Commission

and

Sklahhesten

as

Indians

7

of

follows

heard

,

Band

the

1916

-

McBride

confirming

Band

.

Band

9

reserves

included

,

testimony

,

:

recommended

5

the

1897

B

and

of

Samaquam

Sachteen Sachteen

Skookumchuk Sweeten

Sklahesten Sklahesten Lelachen

Douglas Graveyard

Morteen

.

Commission

Commission

the

for

the

a

the

J

list

Douglas

.

each

D

Douglas

from

above

.

no no

9

no

no

no

of

no

McLean

no no

.

.

no

of

.

2

all

2

8 3

6

13

.

confirmation

A

.

the .

.

the

7

no

5

5

five

Tribe

1

the

visited

Band

recommended

A

.

Bands

Chiefs

4

reserves

further

:

reported

about

Glazier

the

comprising

of

Douglas

allotments

each

allocated

of

Creek

the

three

to

Commissioner

of

Samahquam

A

their

Tribe

IR

the

.

new

for

W

of

12

.

Douglas

reserves

land

the

,

bands

reserves

Vowell

Skookumchuck

Douglas

made

Band

O

.

in

Tribe

,

Reilly

August

for

for

Indian

,

Tribe

.

the

the

the

s 14 10 Franks 11 the 48 Perretsthe the The Commission to Dominion recommendations were presentedas and but British Governmentsof were not provided final Columbia approved in report 1916 : of ( A review the the Ditchburn 49 of recommendations between Clark further reserves for and 1923 . review IB the1920 Baptiste Smith IR ) added Band“ A Baptistetwo Smith Skookumchuck and , . 1 IR ”Divisionof Account , . Trust 50 a joint trust On 28 Jto . wrote to M regarding account June 1947 Douglas D MacKay bands that Gillett and Skookum He belonged both the Chuck advised both which funds joint be bands had the in Account requested tothatthe , account , Trust 386 revenue from their divided according respective reserves , . . same . . some , 51 . this Gillett further explained . seemsto be confusion, In letter that there the terms and Douglas“ “Douglas about Douglas Band Tribe He explained Tribe “ “ ”. the of thisAgency living refers to Indians the along the Lillooet River whereas theDouglas is ” of the a same tribe living at or North Band on , head end of group . He to explain went [ ] possible for Skookum is thesetwo bands Douglas to be It not as Chuck and . ” amalgamated this of both understand would, mean that theIndians I equallythat the reserves they not bands share in combined and will would is forthis joint consentto this There no apparent, justification account 52 In a letter dated 1947Gillett his earlier comments later. June 30 reiterated . and Douglas in agreement further explainedthat the and SkookumChuck Band are , . , asthey with referenceto band ownership always that # “ , understood“ ,Reserves, 6 ” , and belong tothe DouglasBand that # A, #9 # 7 8 # and Reserves 4 # 5 #5 and belongto theSkookumChuck Band” . , ,

15 to be necessary , . 1947 that it the dated July outlined 53 letter Gillett themwould Ina together11 explain situation to He call two is and the agree stated my impressionfrom ( ) Douglaswill to revenuefurther bands that Skookum Chuck not the derived the Franks Bandthe Trust .“ toremain Fund No 386 Reserve No 10 Account . to straighten out the ” 54 The Commissionerrecommended in order under the matter necessary the that three Indian to entire forof Bands would appear take group“ Reserves by a it theto . them Bands toand and , then submit each respective consideration theapproval for . of Band The . majority mattercould be submitted Department consideration with yourrecommendations s ” to response , 20 the the divide of April context for ’ provided request 55 Gillettthe which 1948 account. was money came . that , from Thematter whenthe Indians discoveredin derived thereservesin thatup one account namely Trust Fund . locality placedthen that the funds Account 386 BothwasBandsthe be No requestedfrom the wasshould divided inaccordance to Reserves which money derived response Resolutions His also included Band Counsel regarding ownership of by the Douglas Chuck Bands Reserves and Skookum, “ the .A BCR 15 1948 that ” Douglas and Skookum Chuck 56 dated April confirmed . . . agreed that theirband Account No. 386 would be divided as the fundsin , . to the that per attached resolution The outlined $12 , statement to resolution 926.06 Douglas 4 belonged to the . belonged the Band and $ 301.55 Skookum Chuck . The. of Chuckalso signed BCRof thesame date 57 ChiefandCouncillors Skookum a they the listingtheir confirmingthat hadno interestin reservesclaimed reserves and Douglas by the Band , a . Douglas signed BCR 58 Similarly. theChiefand Councillors of the Band datedApril , outlining that interest the 15 1948 listingtheir reservesand theyhadno in anyof reservesclaimed by theSkookum Chuck Band . , ,

16

the of 59 10 of On June Superintendent they outlined that were favour the division Reservesreserves Trusts in theand tentatively1948 Section account and ordered appointedof andtrust make that officiala under 18 of Act an be Indianthis an enquiry andsubmit Indian Agent was to take to report on role , Gillett The 18 investigation May lists 60 Gillett ,Section assets the Band . completed in 1950be prepared approval, before On by required Gillett would divided 1952 wrote to Ameil28 Allen of and Truststhe , 61 January. J SuperintendentBritish . S Indian Commissionerto for ColumbiaReservesto outline consultation W D the . process they division reserves proposed of forward , , , move , very we This longa could completed quickly might outprocess : the Douglas . have. . declarationdrawn IBresolution beamong as 2 if by agreementsimultaneouslygroups the Reserves . Skookumchuck and Somahquam, to adopted by of the 1 1A Reserves 2 andownershipA and as as Nos. , know under Nos the wellSaachteen BaptisteSmith namesbe of Somahquameffect and . This resolution, could tono Somahquam makes, that the the other Bands those and on . Reserves claim whatever As owns would be most desirable . to, Reservesalready we have this record It as soonnronerly have however to regarding ofthe stated as . the mentioned declared by information ownership Reserves.the mutualforms Indiansand breaking 514 we may, speedily, concludesunnorted of comnletedup the Band . matterbv Douglas Skookumchuck... - C . 62. On Arneil October 9 J Letcher wrote to regarding another dispute 1952 A reserve ownership . 2 2 regarding . of Sachteen IR andSachteenIR He explained Bands in Skookum Chuck the that “ both . and Sahamquam are Reserves a view Letcher ,interested from family of also noted that theresidents on the reserves point . of He . were members Skookumchuk” also noted The Bands are Skookumchuck. scattered over large sectorsa and Samahquamit to for . in thegeneral areaand isnext impossible get them together meeting The off to , , majorityof each Band are their workingand as a loss to reservesa past it is financial for them return home for meeting our . has experience beenthat theywill notattend By the same token thoseat home not come toany decision the members present will without. other , . . OnNovember 16 1953 .C LetcherSuperintendent for Westminster Agency 63 , J New , .wrote toArneil IndianCommissioner for toreport on thedivision 64

65

66

67

.

.

.

.

Skookum 1953

of

definite

families

With

change

manner

At

outlined These

read

members

of The

Graveyard

reserves

Commission

the

Trust

this

,

BCR

to

regard

two

three

The

Douglas

Sachteen Skookum

essential Report clear

we

,

After

favour agreed

the vote we

solution

Band

same

had

which

Account

associated

described

Chuck

outlining

other could

members

were

I

Bands

BCRs

on

.

to

.

resided

as

a

R

meeting

membership

of

of

that

the

reserves

the

brief

.

,

that to

Bands

I

Bands

not

able

No

Sachteen

1913

.

and

Chuck

R

No

are

ownership

question

Sachteen

were

which

.

.

with

the

as

on

present effect

ownership

2

talk

7

.

to

Samahquam

dated

-

.

and

.

Letcher

1915

386

these .

and

the

would

, Douglas

.

hold

the

well

We

by

4

.

I

Bands

2

a

.

R

and

for

A

Douglas

November

Douglas

members

and

reserves

division

and

Chief

I

However

-

.

reserves

.

of

presented

represented

a

R

was

be

being

provided

be

and

.

meeting

presented

the

ownership

First

suggested

the

should

owned

clarified

settled

Bands

17

Tommy

all

two

allotted

property

identified

of

I

Band

.

,

for

from

Nation

R

the

13

the

Trust

.

evidence

Sachteen

be

of

three

.

.

,

,

certain

some No

for

members

1953

there

once

to

He

issue

Dan

of

the

the

Samahquam

reserves

to

.

Account

of their

reserve

the

8

and

sets

Indian

Samahquam

explained

time

.

property Bands

each

as

and

of

were

Reserves

Each

was

Indians

reserves

from

then

signature

their

of

Skookum

of

and

for

Band

by

s

Reserves

386

resolved

22

concerned

the

is

by

lists

Band

all

the

reserves

did

of

the

and

signed

that

that

,

the

member

.

Bands

.

until

and

two

.

Band

Samahquam

The

Lelachen

not

We

Royal

McKenna

Chief

resolutions

10

Chuck

the

on

the

in

Skookum

it

of

by

want

resolutions

.

also

.

present

members

and

November

report

was

the

These

the

the

present

ownership

and

Commission

pointed

wherein

to

I

effected

.

following

Chief

-

R

Douglas

therefore

members

McBride

leave

was

Band

.

were

are

Chuck

No

which

from

from

were

and

not

13

out

.

the

,

he

or of

in

6

a

a

, ,

, ,

, ’ 18 On s 1953 Indian , 68 Commissioner provided November 16November BCRs Arneil Letcher 23thethree Indian Affairs letterand the branch in to to On line throughOttawa 69 with pending power construction the Douglas October 1 1954 Arneil Skookum Chuck wrote to immediateand be Letcherthe , of request that th given the as reserves to division Douglas Skookum Chuck 30 000 of . consideration the Trust as fundsof more thans , would be owed Band result fees to Accountstumpage $ on . Letcher letter a 70 Arneil to Ottawa to request Account be sent ’ response the , that the Trust divided on toSuperintendent of Trust Accounts requested In and the . . statement account, April, 1952 . 1 1 Letchter February , provided- requested On he the The . 71 1956 information Superintendent repliedthat could CapitalAccount , divide 386 the 72 as On requested that June 20 Superintendent Account 386 remain 1956 a new Trust Douglas Account be . for the Band account , that, Trust, established . a and Skookum Band Chuck . On of a . 73 December 1956 Director Indian Affairs prepared 14 HM Jones the reserve . the Royal memorandum. whichoutlined original allotment identified by on sapproved Commission Indian Affairs byBC OIC 1036 . The . . . andto memorandum 17 the Douglas of recommended that pursuant of Indian Act the Tribe Indians three separate theDouglas Band the be constituted as Bands “ Skookum Chuck Band , and theSamahquam. Band : This memorandum, was approved by the Deputy Ministerof Indian Affairs” ... 74. The Order further Ministerial . directed that the trust account funds be divided the Douglas theBCRs between and Skookum Chuckbands as outlinedby of April , 151948

. 19 Process British Columbia Negotiation ( ) Treaty( ) , are the British The Skatin Treaty Chuck and SamaquamSHUCK chTreaty 75 Negotiation the in BCTN as Columbia Skoolcum the Douglasprocess In the table 76 part of ch table. , was SHUCK Treaty ch Initially First In 77 Nation fee August 25 the signed which On “ ” 2007 SHUCK agreement an principle treaty . lands become landsin following outlined that reserve In- would . simple implementation, . the from Douglas First Nation theBCTN process . 78 2010 withdrew In - - , 79 the First specific Douglas concerns The claim Nation outlines their - fee - . The the submitted by to SHUCK with transferof reserveland in the ch Douglas - simple for Treaty , their cover letter their 2012 . First Nation concluded In- December. 14 claim stating . specific on . from this claim will to through an Issues arising specific need be with to the going consultation and as the addressed ch accommodationthrough specificprocessclaims respect thereIn - SHUCKis treaty as well process before any and cash withthe - . agreement onland SHUCK ch IN - ( - f VI . Relief R( 42 ) - 80. Crown the-claims set in the The seeks ofall , out ofClaim ) adismissal Declaration . 81 The Crownpleads relieson the section 20. . and Act 82 . Such. furtherand otherreliefas thisHonourableTribunal deems just

g . VII CommunicationR( 42( ) ) . . s Respondent address for theservice ’ : -

-

20

, Department of Justice StreetCanada 900 840 Howe Vancouver BC S9 Attention Z 2 gc ca Fax for V6 numberaddressaddressfor service, 604 666 Email justice2710 service sarah(eustace) @:

: : Dated February 24 2020 , OF CANADA . . . : Canada Departmentof : JusticeRegional Office BritishColumbia840GENERALStreet - Howe 6 900 2 Z gc Vancouver BC S Fax 604 666 @ : V 9 i Per Sarah-2710Eustace ATTORNEY Tel - 604666 2871eustace Respondent. Email -sarah Solicitor ca : for the counsel iustice / : . .

-