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Asch Jessica ILRU 2018.Pdf UVicSPACE: Research & Learning Repository _____________________________________________________________ University of Victoria Faculty of Law Faculty Publications _____________________________________________________________ Secwepemc Lands and Resources Law Research Project Jessica Asch, Kirsty Broadhead, Georgia Lloyd-Smith and Simon Owen 2018 This article was originally published at: https://www.uvic.ca/law/assets/docs/ilru/SNTC%20Law%20Book%20July% 202018.pdf Citation for this paper: Jessica Asch, Kirsty Broadhead, Georgia Lloyd-Smith and Simon Owen, “Secwepemc Lands and Resources Law Research Project” (Victoria: Indigenous Law Research Unit, 2018). Acknowledgment and Terms of Use © 2018 University of Victoria Indigenous Law Research Unit (ILRU) The traditional knowledge shared in this report remains the intellectual property of the community and its members. This knowledge was shared with permission for public educational use. Contributors of this knowledge include: Shuswap Nation Tribal Council Team Community Liaisons and Coordinators: Bonnie Leonard, Tribal Director and Kelly Mortimer, Aboriginal Rights and Title Director Secwépemctsín Language Editor: Dr. Marianne Ignace, Simon Fraser University Indigenous Law Research Unit Dr. Val Napoleon, Jessica Asch, Dr. Hadley Friedland, Jessica Asch, Kirsty Broadhead, Georgia Lloyd-Smith, Adrienne Macmillan and Simon Owen Editors Jessica Asch and Simon Owen Because this work contains Secwepemc oral historical, cultural information and cultural expressions of yirÍ7 re stsq’e¥s-kucw the Secwepemc people have intellectual property arising from cultural knowledge derived and passed down by Secwepemc elders and cultural specialists. The SNTC retains all rights, title and interest, worldwide, in and to all ownership and to any intellectual property and other proprietary rights, including copyright, patent and trade secret rights in this work. The Secwepemc Nation and the Secwepemc people, have inherent rights, including ownership of all oral histories and cultural information relating to the Secwepemc contained in this volume, and maintain the intellectual property rights as a Nation, arising from the cultural knowledge as derived from the Secwepemc elders and other Secwepemc knowledge keepers. "This material has been designated as being available for non-commercial use. You are allowed to use this material for non-commercial purposes including for research, study or public presentation and/or online in blogs or non-commercial websites. This label asks you to think and act with fairness and responsibility towards this material and the original custodians."( https://localcontexts.org/tk/nc/1.0) For more information to enquire about uses beyond those outlined above, please contact [email protected]. Secwépemc LANDS AND RESOURCES LAW RESEARCH PROJECT B Secwépemc Lands and Resources Law Analysis Project Acknowledgements We sincerely thank and acknowledge the members of the Secwépemc Nation and the Shuswap Nation Tribal Council who supported this work by sharing their stories, knowledge and experience with us in the summer of 2015 and spring of 2016. Shuswap Nation Tribal Council Team Community Liaisons and Coordinators: Bonnie Leonard, Tribal Director Kelly Mortimer, Aboriginal Rights and Title Director Secwépemctsín Language Editor: Dr. Marianne Ignace, Simon Fraser University Indigenous Law Research Unit Team ILRU Director: Dr. Val Napoleon Research Coordinators: Jessica Asch, Dr. Hadley Friedland Research Team: Jessica Asch, Kirsty Broadhead, Georgia Lloyd-Smith, Adrienne Macmillan,Simon Owen Authors: Jessica Asch, Kirsty Broadhead (Glossary), Georgia Lloyd-Smith, Simon Owen Editors: Jessica Asch, Simon Owen Project Coordinators: Sally Hunter, Renee McBeth Secwépemc Lands and Resources Law Analysis i ii Secwépemc Lands and Resources Law Analysis Table of Contents PROJECT ACKNOWLEDGEMENTS .........................................................................................................iii ANALYSIS INTRODUCTION TO THE ILRU-SNTC COLLABORATION ........................................................................1 A NOTE ON FORMATTING CONVENTIONS AND SPELLING OF SECWÉPEMCTSÍN ....................................................................................................2 ILRU ACTIVITIES ........................................................................................................................................3 Phase 1: Developing Research Questions and Initial Research .....................................................3 Phase 2: Initial Community Interviews ...........................................................................................4 Phase 3: Preliminary Analysis ........................................................................................................5 Phase 4: Follow-up Community Interviews ....................................................................................5 Phase 5: Integrated Analysis ...........................................................................................................5 Phase 6: Framework Revision ........................................................................................................6 Phase 7: Reworking and Editing Analysis, Casebook and Glossary ...............................................6 Phase 8: Community Validation and Consultation ..........................................................................6 INTRODUCTION TO THE LANDS AND RESOURCES FRAMEWORK .....................................................7 EXECUTIVE SUMMARY TO THE ANALYSIS..............................................................................................9 ANALYSIS: SECWÉPEMC LAND AND NATURAL RESOURCE LAW ....................................................12 1. General Underlying Principles ...................................................................................................12 2. Legal Processes ........................................................................................................................18 a. Territorial Protocols and Practices ......................................................................................18 b. Harvesting Protocols and Practices ...................................................................................21 c. Procedural Steps for Making and Maintaining Agreements or Resolving Conflicts ...........26 d. Authoritative Decision-Makers ............................................................................................34 3. Relationships, Responsibilities and Rights ................................................................................38 a. Land ....................................................................................................................................38 b. Other Territorial Groups ......................................................................................................48 c. Community ..........................................................................................................................58 4. Consequences, Enforcement and Teaching ..............................................................................70 a. Consequences ...................................................................................................................70 b. Enforcement ......................................................................................................................74 c. Teaching .............................................................................................................................77 Secwépemc Lands and Resources Law Analysis iii STORIES AND CASE BRIEFS INTRODUCTION ........................................................................................................................................85 THEMATIC INDEX TO CASE BRIEFS .......................................................................................................86 Theme: Harvesting resources and hunting ....................................................................................86 Theme: Accessing or visiting land .................................................................................................86 Theme: Addressing environmental dangers ..................................................................................86 Theme: Addressing distribution of knowledge and resources .......................................................87 Theme: Protecting the vulnerable ..................................................................................................87 Theme: Caring for resources .........................................................................................................88 Theme: Legal processes and governance .....................................................................................88 Theme: Misuse of land or wasting resources ................................................................................88 Theme: Individual responsibility ....................................................................................................88 Theme: Learning about or from the land .......................................................................................89 Theme: Peacemaking and interactions with other groups .............................................................89 The Bush-Tailed Rat ......................................................................................................................90 Case Brief: The Bush-Tailed Rat ............................................................................................91
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