‘Action No. 00001 Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: ‘The SECWEPEMCULECW TRADITIONAL GOVERNMENT and > Suing on their ‘own behalf and on behalf of all members of the Seewepeme Nation PLAINTIFFS AND: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, THE ATTORNEY GENERAL OF CANADA, THE GOVERNOR — GENERAL OF CANADA and ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. DEFENDANTS. STATEMENT OF CLAIM . The Plaintiff, the SECWEPEMCULECW TRADITIONAL GOVERNMENT, is the official governing body ofthe Secwepeme Nation, pursuant tothe Constitution ofthe Secwepeme Nation, and is authorized to and does represent the Seowepeme Nation. tf } . The Plaintiffs are the original people of the Secwepeme Nation and are authorized pursuant to the Teachings of Coyote of the Seewepeme Nation to bring this Action. * . The Plaintiffs, together, represent the Secwepeme Nation, including the Council of Elders, and bring this Action on behalf of all citizens of the Secwepeme Nation. . The Seewepem Nation are Aboriginal Peoples, whose territory relative to Canada's interests is ‘Seewepemculecw, which includes the land, inland waters, headwaters, air space, and everything contained thereon and therein comprising Seewepemculecw (hereinafter called "Secwepemculec' Seewepemculecw is shown ona map, which is attached as Schedule "A" to the Writ of Summons. . Without the consent of the Seewepeme Nation, and contrary to the principles and accepted practices of the British Crown reflected in the Royal Proclamation of 1763, the British Crown claimed Title and the right to colonize Seewepemeuleow. . The Defendants are the successors to the British Crown. . The Defendant, The Attorney General of Canada ("Canada"), is the representative of Her Majesty the Queen in Right of Canada, pursuant to Section 23(1) of the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50, as amended, DRAFT FT ‘September 16,2003-2- 8. The Defendant, Her Majesty the Queen in Right of British Columbia (the "Province"), claims unencumbered Crown Title to Secwepemculecw contrary to Section 109 of the Constitution Act, 1867. 9. Prior to and since 1846, Seewepemeulecw was and continues to be occupied and possessed communally by the Secwepeme Nation. Scewepemculeew is the homeland of the Secwepeme Nation and at all ‘material times the connection of the Seewepeme Nation to Secwepemculeew has been of central significance to and the source of the distinctive culture of the Secwepeme Nation. 10, Without limiting the generality of the foregoing, the Seowepeme Nation exclusively occupied Sewepemeulecw prior to and at 1846, by: 4) the continuance of Seewepeme culture, which is based upon the relationship of ‘Secwepeme People to Seewepemculecw; ) maintaining a spiritual relationship with the beings and the spirits of the earth, the forests, the sea and the sky; 6) living within and managing the human use of Seewepemeuleow, and utilizing, conserving and protecting the terrestrial and marine ecosystems, to assure the well- being of present and future generations, in accordance with Seewepeme customs, laws and traditions; 4) establishing trade relationships with other Aboriginal Peoples, agents of nation states, and international trading entities; and ©) governing Secwepemculeew through the development and maintenance of institutions and laws related to lands and resources, including laws related to access and trespass. 11. Further, or in the alternative, in spite of the Defendants’ disregard of the prior Title of the Seowepeme Nation, and their efforts to control the resources of Seewepemculecw, the Seewepeme Nation has ‘maintained a substantial connection to Seewepemculeow to the present through: a) continuing the activities and practices set out at paragraphs 10 a) to c) above; ) the exercise of political authority in asserting ownership of Seewepemculeew in dealings with other Indigenous Nations, the Defendants, and persons authorized by the Defendants to engage in industrial and other commercial activities on ‘Secwepemculecw; and c) the maintenance and evolution of political institutions and laws, including the management of lands and the conduct of internal and external affairs. 12. The Secwepeme Nation exercised, and to the extent possible, continues to the present to exercise the following practices, customs and traditions within Seewepemculeew, which were integral to their distinctive society prior to contact with Europeans: a) used, harvested, managed and conserved fish and other aquatic species from the sea and the inland waters of Seewepemculeew for cultural, domestic and livelihood purposes; ) used, harvested, managed and conserved trees from the forested areas of Seewepemculeew for cultural, domestic and livelihood purposes; DRAFT AT September 16, 2003ae ¢) developed a culture based upon the relationship of the Seewepeme People to the land and the spirits of Secwepemculecw; 4) traded outside of the Secwepeme Nation, fish and other aquatic species harvested from Seewepemculeew, for commercial purposes; ¢) traded outside of the Secwepeme Nation, material goods manufactured from trees harvested from Seowepemculeow, for commercial purposes; and £) managed and conserved the terrestrial and watershed ecosystems, in accordance with their customs, laws and traditions. 13, The Seewepeme Nation has resisted colonization, and has been in an ongoing dispute with the Defendants over ownership and jurisdictional matters, especially matters related to the uses of the land and sea. At the same time, the Secwepeme Nation has been ready, willing, and able to enter into good faith negotiations to reach an agreement for co-existence with the Defendants, particulars of which include the following: a) DIA elected chiefs of the Secwepeme Nation have formally served notice to the Defendants of the continued existence of Secwepeme Title and Rights to ‘Secwepemculecw, and remained open to seeking inappropriate solutions which might harmonize Shuswap Title and Crown Title; and b) Different factions of DIA elected chiefs of the Secwepeme Nation have entered into the Comprehensive Claims Process and the British Columbia Treaty Process established by the Defendants, and other processes, with a desire to engage in honourable and effective negotiations. 14, No Treaty has ever been concluded between the Crown and the Seewepeme Nation at all, and in particular regarding, inter alia, lands, waters, airspace, resources, governance, or taxation, 15. In the absence of any Treaty with the Secwepeme Nation, and without regard to the Aboriginal Title and Rights of the Secwepeme Nation, the Defendants have unlawfully occupied and exploited the resources of Secwepemculeew, and interfered with the Secwepeme Nation's exercise and evolution of ‘Seewepeme laws, customs and traditions. In so doing, the Defendants have interfered with the culture | and livelihood of the Secwepeme Nation. | 16. Without limiting the generality of the foregoing, the Province has acted beyond its constitutional powers by assuming the right of exclusive control of Secwepemeuleew and issuing exclusive tenures to lands and resources of Secwepemculeew and deriving royalties (stumpage, revenue and taxes) therefrom, without regard to the Aboriginal Title and Rights of the Seewepeme Nation. 17. The Defendants have trespassed and committed nuisance by issuing tenures which interfere with ‘Seewepeme occupation and enjoyment of Seewepemculeew and which have resulted in loss of biological diversity and caused degradation to terrestrial and marine ecosystems of Secwepemculecw. ‘Without limiting the generality of the foregoing, the Defendants have: (a) appropriated for themselves or for their agents, land and resources of Secwepemculeew; (©) granted, replaced or renewed tenures to land and resources of Seewepemculeow to third parties; DRAFTHT ‘September 16,005