Dispute Escalates

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The ongoing conflict over Sun Peaks ski resort's land use and occupancy of territory claimed by the Neskonlith band of British Columbia reached a new phase in December with the destruction of Native property, an impending lawsuit and bitter accusations against the province's Liberal government and, in particular, the province's attorney general, Geoff Plant, the minister responsible for treaty negotiations.

Plant halted discussions regarding the disputed area with the band in November 2001. On Dec. 5, Sun Peaks Resort Corp. obtained an order from the B.C. Supreme Court to remove tents and a flag pole that Native protesters had set up at the bottom of a newly created ski run. Another order prohibited protesters from occupying a parcel of land at McGillivray Lake under licence to Sun Peaks Resort.

The Secwepemc people of the Neskonlith band claim the area as part of their traditional territory and have sought to halt a proposed $70 million expansion of the resort. More than a year ago, the protestors set up the camp on the mountain at McGillivray Lake as the 'Skwelkwek'welt Protection Centre' and through this past year they sought to open discussions with the provincial government to deal with the land claim issues.

Neskonlith Chief Art Manuel said the protest was intended to send a message to those "who would ignore our Aboriginal title and try to make us trespassers on our own land."

He told Windspeaker that while the protestors peacefully vacated the sites after the court orders were issued, they planned to return before the end of December to perform a spiritual ceremony at the main site, McGillivray Lake. It was there that a cordwood cabin and other structures had been built to shield the protesters, including Elders and children, from the elements. The structures included two sweatlodges. All of the structures were destroyed on Dec. 10 by bulldozer in a demolition operation conducted by Sun Peaks management and representatives of B.C. Assets and Land Corporation (BCAL), a provincial Crown entity, observed by the RCMP.

The rubble was then torched by BCAL.

Union of B.C. Indian Chiefs (UBCIC) President Stewart Phillip issued a statement later the same day calling BCAL's actions malicious.

"We find it unfortunate that the issue has unnecessarily escalated," said Phillip. "Sun Peaks has no idea how devastating it was to see that cabin destroyed."

Chief Manuel said his members are frustrated and he is not ruling out roadblocks in the future.

"There is a genuine impetus there to see something happen on a larger scale," he said. "We have to challenge the economic saleability of Sun Peaks as a tourist destination."

He said the most unfortunate thing "is that it would not be necessary if the B.C. attorney general would return to the discussions we began in November, and the federal government would finally begin discharging its duty to the people of Neskonlith and the people of British Columbia by directly addressing the Aboriginal title issues that we share with our brothers in all of the nations of British Columbia."

The Neskonlith band is one of several that target direct negotiation with governments outside of the existing B.C. treaty process, which Chief Manuel characterizes as "flawed."

The attorney-general asserted, however, that both the Skwelkwek'welt Protection Centre and the McGillivray Lake camps must be removed first before discussions could proceed, citing that "the members of the public feel that their safety is threatened." That cleared the way for Sun Peaks to obtain the court injunctions.

Plant subsequently told Windspeaker that he "didn't think the other parties are really interested in negotiating. . .they're still talking about confrontations and road blockades. I don't think confrontation is the framework within which we can hold discussions on the issue." He was not forthcoming about what the Neskonlith people should do to establish such a framework.

No longer content to simply quas future development, Native Elders are demanding Sun Peaks Resort pack up and leave the area altogether. And lawyers for the band have been instructed by Chief Manuel to file suit in the B.C. Supreme Court on the basis that the province acted without authority when it destroyed the cordwood cabin and other structures at McGillivray Lake.

Louise Mandell, lawyer for the band, asserts that the Sun Peaks injunctions declared protesters could not occupy land around the day lodge at the lake, situated eight kilometres from the resort's main village. But the court order did not give the government the right to remove Native-built structures there, she said. Mandell said she will seek a ruling from B.C.'s Supreme Court that the B.C. Assets and Land Corp. acted unlawfully when it demolished the cordwood cabin. Mandell said the injunction allows Native people to use the area at McGillivray Lake; the protesters are only prohibited from living there.

"There was nothing in the court order allowing the removal of structures, sweatlodges or sacred objects," she said. "The destruction of this house was completely outside the scope of the court order. And whether the government can justify its actions under the Land Act is highly debatable. I frankly don't believe it can," she said. As well, she will ask that the buildings be rebuilt.

Concerning the Land Act of B.C. and the provincial government's actions, Chief Manuel said that "they originally thought they could come in and grab us by the scruff of the neck and throw us off the land. That may apply to non-Native trespassers who are squatting, but it does not apply to Natives on our own lands."

Within days of the destruction at McGillivray Lake, a response was also heard from outside Canada. On Dec. 17, Chief Manuel issued the following press release:

"In Munich, Germany, last night there were demonstrators outside of the Canadian Consulate protesting the shameful behavior of Sun Peaks Resort and the refusal of the B.C. andCanadian governments to open up talks with our people."

Manuel reported a statement made to the international press by the spokesperson of the Munich protest, who said "tourist resorts that behave in such an insensitive way cannot survive. They need international tourists and we do not want to be caught in a land conflict. Sun Peaks is killing their own business by behaving like they are. In German we have a saying that they are 'crossing over their own skies', or 'digging their own grave.'"

The German protestors left posters taped to the consulate door and, on the doorstep atop a mound of snow, a Christmas tree festooned with protest notes to welcome Canadian representatives as they arrived at work the following morning.