'
- - 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 Canada 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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the Nation
alleges Chuck
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for
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decision
Specific
Crown the The
division Status
their
Declaration
letter Validity
Douglas
Specific
Douglas
Crown
Douglas
and
”
Band
the
breaches
with
alleges
in
as
specific
Claim
which
Development
not
.
dated
of
Samaquam
commitment
set
Those
of
denies
respect
First
(
and
Claim First Claim
to
R
Tribe
“
out
.
Douglas
that
of
did
the
June
accept of
42
claim
the
Nation
eight
Claim
in Nation
legal
the
(
to
not
b
concerned
bands
Douglas
(
the
the
R
)
Samaquam
14
the
reserves
validity and
.
.
Canada
the
reserves
disclose
,
42
The
Tribe
and
preamble
division
to
filed
filed
2019
outlined
division
known
(
a (
Specific
resolution
c
fiduciary
)
draft
)
)
First ”
)
November
a
,
the
of
on
reserves
would
Claim
the
are
an
Band
of
each
as
February
In
to
that
of
division
Nation
Samaquam 3
outstanding
Minister
-
the
the reserves
Claim
SFIUCK
the
duties
become
.
with
of
the
of
among
Douglas
Specific
The
Douglas
22
the
specific
draft
asserts
the
of
24
,
for
on
2019
notified
Claimant
grounds
resulted
,
Treaty
fee
Douglas
the
Minister
the
2015
and
negotiation
In
legal
Claims
First
Tribe
.
simple
-
three
it
part
SFlUCK
(
claims
Skookum
“
(
Declaration
has
contemplates
“
the
obligation
Nation
as
,
Specific
in
of
Tribe
reserves
of
the
bands
Tribunal
set
lands
a
the
Band
the
Aboriginal
in
-
continuing
Douglas
on
ch
out
Crown Band
reserves
.
a Chuck
alienation
.
Treaty
the The
Claim
.
“
of
in
on
of
just
Act
,
paragraph
the
that
basis
Claim
Douglas
the
behalf
as
reserves
First
”
(
Affairs
and
is
the
among
)
Minister
a
beneficial .
Skoolcum
Skookum
the
result
of
that
“
”
Nation
timely
)
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of
.
eight
basis
First
.
and
7
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 Lillooet 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, . Lillooet River , 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
, '1 6 , i
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
14
15
16
.
.
.
.
In
First
paragraph
In
visited In were
including visited In
five
dated
Band Tribe
Band Douglas
Skookumchuck
response response
response
response
reserves
Nation
allocated
September
the
the
or
55
55
the
Tribe
is
Douglas
area
to
to
to
to
has
legal
for
Sam
paragraph
paragraph
paragraph
paragraph
between
around
made
the
7
-
argument
Reserve
Glazier
Skookumchuck
, Sklahhesten
ah
Tribe
1881
Douglas
-
quam
of
NEW
the
1881
18
20
the
9
17 and
Creek
in
,
,
,
,
the
town
,
rather
the
the
1881
Douglas
the
WESTMINSTER
the
-
only
Tribe
1897
Crown
Crown
Crown
Skookum
Crown
.
of
than
named
Number
12
4
5
but 7
and
Douglas
A
B
Tribe
has
admits
admits
fact
clarifies
that
clarifies
reserves
Chuck
no
.
Reserves
.
in
knowledge
that
that
Description New
Creek On known
District Group Adjoining
Skookumchuck Reserve connection
Morteen Group
Adjoining known
Westminster New
District Reserve as
He
fact
AGENCY
that
Lot
that
and Glazier
in
Commissioner
described
Nos
Westminster
,
Westminster
,
and
1881
5534 1
1
Lillooet
Commissioner
the
as
as
.
,
.
the
the
,
No
No
New
.
Reserve
Lot
Lot
1
Sklahhesten
in
Minutes
Lake
same
,
.
.
,
of
Douglas
Douglas
Commissioner
4
2
5
Group
District
any
5533
5532 ,
and
what
and
the known
River
and
with
No
case
,
,
4
Douglas
1
O
.
use ,
of
,
as
Indians
9
Tribe
’
,
,
Reilly
O
Decision
says
Samahquam
the
’
Acreage
Reilly
Reserves
O
Douglas
Tribe
that
.
260.00
213.00
allotted
’
87.00
Reilly
first
this
was
as
,
22
20 21
19
18
17
.
. .
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.
In
McBride Douglas
Skinner
aside First
the
In
In
Skookum
In
of
“
In
Douglas
were residing In
Minutes
Sachteen
3
Skookum
and
response
response
response
response
response
response
Decision
outset
Nation
surveyed
reserves
No
in
Tribe
tribe
at
.
of
Commission
and
Chuck
5
in
1903
Chuck
Douglas
to
.
to
to
.
to to
Decision
to
of
”
1881
Skookumchuck
paragraph
paragraph
.
Five
paragraph
reserves
for
Perrets
Franks
Sklahhesten Sachteen
Morteen
paragraph
paragraph
from
paragraph
.
Commissioner
,
,
the
,
the
a
”
additional
Commissioner
1882
branch
Douglas
and
IR
IR
entire
dated
.
recommended
IR
IR
24
23
10
29
11
-
21
25
22
1884
concluded
9
,
,
IR
2
,
of
,
,
the
the
,
A
June
Douglas
the
the
.
the
the
and
the
5
Skookum
.
The
Crown
A
O
Crown
Crown
Crown
Crown
’
Douglas
Crown
the
6
Reilly
O
,
other
8
’
that
1884
Commissioner
Tribe
Reilly
Samahquam
states
clarifies
clarifies
clarifies
clarifies
Chuck
two
clarifies
allotted
“
,
tribe this
in
he
set
that
reserves
1897
completes
”
allotted
that
.
reserves
aside
the
this that
that
five
The
that
groups
,
the
final
O
paragraph
not
in
Commissioner
reserves
were
’
reserves
the
additional
Reilly
October
reserves
Commissioner
just
were
report
the
of
Douglas
identified
the
’
the
reservations
s
surveyed
were
for
is
allotments
27
of
Douglas
“
for
incorrect
for
reserves
,
the
the
1897
tribe
described
O
the
the
only
McKenna
’
use
O
Reilly
’
by
Douglas
Tribe
Minutes
reserves
Reilly
Indians
.
for
as
of
to
of
From
E
No
.
the
the
the
the
M
set
.
as
’
-
s
.
: . 24 23
25
26
27
28
29
.
.
.
.
.
.
.
Samahquam
Canada
In In
this
proposed D
in
In
also of the that recommending
the
under and
The
Douglas
reserves
the The no
1948
of
The
discovered context
.
response
response
response
response
1913
M
the
interest
Department
1943 account
Skookum
approval
you
Crown
notes
Crown
Crown
.
.
McKay
the
Reserves
This
,
denies
do
on
apparently
for
division
Band
Schedule
three
that
in
to to
to
admits
April
that not
BCR to
be admits
admits
Band
the
any
by
paragraph
paragraph
paragraph
,
Chuck
Indian
paragraph
,
requests
divided
“
list
Bands
signed
for
claimed
“
additional money
a
it
request
also
15 ,
of of
majority
Skookum paragraph
consideration
the
paragraph
would
paragraph
for
is
,
Trust
the
1948
Commissioner
band
stated
correct
and
according
former
the
the
from
derived
Reseives
36
34
,
by 35
32
.
Account
as
,
appear
signed
,
,
reserves
Somahquam
submit
.
the
,
Band
the
of This
these
the
“
Chuck
38
both
The
follows
.
it
40
39
as
”
each
Douglas
Crown
Crown
is
and
from
,
BCR
McKay
with
to
to
facts
and claimed
schedule
and this
further Council
necessary
the
them
No
have
Band
Band
9
the
for
notes
Band
:
notes
Reserves
.
notes
BCR also
your Skookum
notes
are
“ admits
386
B
revenue
and
Band
This
to
been
.
goes
AGREED .
and
C
that
by
outside
division
stated
.
the
Resolution accompanying
The
recommendation
.
confirming
that
that
McKay
Skookumchuck
to This
on
the
.
matter
”
Douglas
that
the set
on
respective
take
matter
in
June
from
the
,
the
Chuck
Skookum
to
division
“
up
Chief
of
Indian
.
that
it
”
’
that
April
state
s
Chief
the
the
is
since
30
came
their
letter
He
could
further
Tribe
(
locality
their
,
“
and
and
knowledge
we
entire
,
1947
BCR
Agent
Bands
of OIC
20
concludes “
the
and
respective
Chuck
it
to
have
up
five
.
.
Bands
Douglas
,
the
” reserves
then
does
Indian
”
1948
agreed
Royal
informing
group )
1036
four
was
when
J
trust
councillors
for
no
confirming
.
be Band
Gillett
,
not
letter
of
but
councillors
interest
consideration
placed
includes
Agent
Commission
his
submitted
account
that
reserves
Bands
of
on
the
the
appear
.
it
”
Reserves
April
letter
him
wrote
provides
is we
Crown
Indians
Gillett
in
in
noted
of
“
have
their
the
was
of
.
that
that
”
any
one
the
15
by
to
to
of
a
.
,
35
33 34
32
31
30
. .
.
. .
.
Douglas
“
The
Skookum
1954 powerline
The
In
alternative
The two
facts between
alternative
In
In
derived
should
account
Xa
response
response
response
’
Douglas
Crown
Crown
xtsa
.
Crown
letter
The
separate
number namely
try
Neither
arguments
of
.
,
be
”
,
”
the
namely
the
these
Chuck
as
right
states
,
to states
divided
admits
to to
to
admits
Indians
requesting
Skookum
admits
Skookum
one
Tribe
follow
paragraph
paragraph
paragraph
the
Band
of
two
membership
,
of
Trust
that
that
of
that
and
years
Douglas
paragraph
reserves
paragraph
way
the
in
reserves
paragraph
is
belonging
it
this
this
were
hard
Account
accordance
Chuck
Chuck
willing
bands
up
a
considered
41
and
47
42
is
is
division
too
,
.
,
feelings
estimated Band
,
legal
legal
the
the
seems
the
lists
Letcher
.
53
timber
and
and
48
to
In
strenuously
No
44
Crown
Crown
to
Crown
but
,
relinquish
argument
argument
were
and
fact
Skookum
the
the
.
but
to
of
to
the
themselves
386
will
10
notes
dues
explained
,
to
devolve
Samahquam
clarifies
Samahquam
the the
the
set
states
notes
.
has
has
Douglas
be
creep
Both
/
out
that
stumpage
three
trust
Reserves
more
rather
rather
their
no
we no
Chuck
that
that
for
on
in
the
knowledge
Bands
that
knowledge
,
will
divided
separate
account
.
claim
than
.
a
these
this
Tribe
than
than
.
quote
.
this
and
family
Bands
the
H
do
from
that
then
$
is
.
fact
and
fact
30
,
Samahquam
M
three
context
letter
,
more
.
into
legal
incorrectly
.
bands
related
,
. .
would
set
have
of
of
regarding
requested .
.
000
Jones
which
as
three
Bands
these
these
-
the
argument
relates
up
harm
.
described
for
for
,
also
whole
be
to
we
the
separate
facts
facts
.
the
references
than
Bands
.
funds
an
owing
that
ownership
.
believe
to
explained
money
October
rather
ownership
and
and
indefinite
a
the
good
were
.
dispute
from
bands
to
Three
in
in
funds
if
than
was
,
the the
the the
the
we
,
as
of
1
a
, , V
set Reserve
36
37
.
.
.
aside
The
In
Douglas Commissioner
tribe
a ah
follows encampments
reserve
-
a
quam
Statements
a
b
c
March
Minutes
”
Creation
.
.
.
for
.
No
: With
was he
both
graveyards No
house
Lillooet
No
further
0
Indians
Gaggin
the made
”
the
I
”
,
of
visited
described
.
Reilly
.
a
15
land
3
2
4
described
“
small
banks
of
the
330
Douglas
,
was was
of
was
and
for
with
1882
O
explained
Decision
and
of
then
River
that
acreage
side
’
described
several
acres
Reilly
the
described
cleared
described
a
hamlet
. Fact
of
has
a
letter
small
as
is
Stipendary
note
the
.
Douglas
as
Indians
side
valued
3
a
to
(
.
,
R
acres allocating
described
small river
population
“
on that
some to
He
“
.
reserve
this
the
No
it
note
42
as
as
MacDonald
the
stated
as
”
(
by
a
fishery
under and
a Tribe
1
e
a
encampments
group
are
potato
)
reserve
”
follows Lillooet
small
reserve
Magistrate )
with
,
the
,
the
extends
of
dated
the
11
that
“
of
cultivation
in . Indians
40
immediately
letter
patches a
fishing
initial
150
The
,
:
proceeding
,
was
of
River
number
“
acres
September
“
Superintendent
I
This
the
540
with
have
describes
letter
.
at
made
”
five
inhabited
.
station
length
about
24
Douglas
,
is
acres
“
12
“
taken
Ket
reserves
and
Here
the
miles
continues
here
in
acres
Horn
7
10
known
of
se known head
,
front
the
then
the
1881
the
by
from
acres
the
ah
on
however
General
mostly
“
Pemberton
Commissioner
precaution
portions
first
quarters
im
Indians
of
March
reserve
a
.
as
to
as
Douglas
along
”
short
the
as
“ of
“
describe
rock Skookum
Sach
of
village
chief
no
these
7
of
and
have
the
of
description
Indian
,
.
Meadows
mention
1866
to .
the
teen
the
The
.
He
bank
”
two
”
include
,
as
the
erected
O
Douglas O
includes
Douglas
”
.
allotted
chuck
Affairs
’
reserve
by
’
“
Reilly
Indian
which
Reilly
of
Sam
other
J
was
the
.
to
all
as
B
”
a
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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 Harrison Lake 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 British Columbia 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 / : . .
-