A message from Sinixt Nation representatives in Canada.
October 18, 2011
We would first like to state that our work in the north is and always has been to uphold
the xwuplax’n (the law of the land). Our mothers and elders guided us to the xwuplax’n
teachings as we brought back the remains of our ancestors. Bringing home the ancestors
was the first priority of the mothers and elders. They spoke of how the ancestors viewed
the water and land and all things of the land and water and how we were placed here to
have reverence and to behave responsibly for all of those things within our territory. We
have brought back 62 ancestral remains and all of those remains have been returned to
our sacred site at Vallican on Perry Ridge. Each one of those ancestors we have brought
back represents at least one teaching and sometimes there were many teachings attached
to the return of remains.
We have been speaking and acting on behalf of the land and water by trying to protect the
land and water and the beings of the land and water through the courts. Most recently we
were trying to speak on behalf of Perry Ridge which is the land mass between the Slocan
and Little Slocan Rivers. There were 4 cut blocks that the Ministry of Forests allocated
for cutting on the north end of Perry Ridge. For those of you who are not familiar with
Perry Ridge it is where our ancestral remains are buried, the site of our ceremonial pit
house and occupation camp is located, where the Colville property is located, the site
of the heritage/archaeology dig (oldest carbon dated pit house and largest pit house
structure documented to date). Perry Ridge is home to many endangered and threatened
species. Specifically documented within the 4 cut blocks is the western toad and critical
corridor and habitat for wolverine, grizzly, wolf, caribou. Recently a lichenologist from
Germany documented species of lichen that were never previously documented in the
world. It represents many unique micro climates and would require many years of study
to document what this landscape holds. How can we know what we are responsible for if
we do not know what is here? We must not allow destruction to the land and water.
While trying to protect species, water, land/habitat by demanding to be consulted so
that Sinixt interests and demands could be documented and put on record the Attorney
General of BC stated that we had no standing to bring court action on behalf of the
Sinixt. While the court case proceeded Okanogan Nation Alliance (ONA) and Colville
Confederated Tribes (CCT) joined the Attorney General of BC to obstruct our efforts for
all that we were working to protect. This case is currently under appeal.
The Attorney General stated that the consultation process was completed with West
Bank Okanogans. The Attorney General produced a letter from West Bank that simply
stated that the cut blocks on Perry Ridge were within their land claim area. No concerns
for water, species, heritage sites, habitat or any other values were mentioned by West
Bank. ONA was represented in that court case by the law firm of Mandel Pender.
We feel this was a direct conflict of interest by Mandel Pender as they represented
the Sinixt previously and in representing us stated/defined/represented the Sinixt as
autonomous from any other representational group including the Okanogans and Colville
Confederated Tribes.
CCT was represented by attorney Underhill. When I asked Michael Finley why they
would have Underhill represent them as Underhill has a long history of representing
the government in anti-Indian cases in the past. Michael Finley stated that CCT hired
Underhill on the recommendation of CCT lawyer Stuart Rush. Why would CCT pay
Stuart Rush a $279,000.00 retainer every year to represent them and then pay another
lawyer to represent them in this case and have to pay Underhill as well?
Underhill is the government lawyer fighting our neighbours, the Burgoons, in an
Environmental Appeal Board (EAB) action. This EAB case is to protect McFayden
Creek (also on Perry Ridge) from a developer who wishes to dewater the creek at one
point and reinsert the water at another point down stream to the detriment of the stream/
habitat/water. Underhill represents not only anti-Indian law he is also representing an
anti-environmental legal stand. We feel that Underhill and Rush are in positions of
Conflict of Interest as they both sit on the West Coast Environmental Law (WCEL) board
of directors. Underhill is the Chair of the WCEL Board. WCEL funded the Sinixt case
and then Underhill represented the CCT against the Sinixt. Rush is on the Board and the
lawyer representing ONA is also on the board of WCEL. How can board members of an
organization that funds cases upholding environmental protection fight against the very
cases they are funding? WCEL also funded the case to protect McFayden Creek that
Underhill is representing the government now to destroy?
Why wouldn’t CCT want to protect the land and water? Why would the CCT go against
their own people who stand for the land and water? If you look around the Colville
Reservation do you see the xwuplax’n being represented in resource/water management?
Are sustainable practices being engaged so the future generations will have clean water
and a healthy environment?
We might not agree on many things but we feel there are many issues that the CCT and
Sinixt north could collaborate on for all of the peoples past, present and future. We
encourage CCT to do the right thing and not fight the people who are fighting so hard for
the water, land and resources. We have worked on behalf of the land and resources and
brought our ancestors home without taking anything away from the CCT.
The only pending Sinixt aboriginal case in Canada is the case of -Watt v. Queen- an
assertion of the aboriginal right to enter and move freely within our traditional territory.
Without the right to enter and move within our territory we are disenfranchised from
our territory and all associated rights. The Watt case is our only present opportunity to
challenge the border issue and exert our rights to our territory in Canada.
What is Stuart Rush doing to promote Sinixt rights in Canada for the annual $279,000.00
retainer? Fighting the Sinixt Representatives in Canada is not promoting the rights of
Sinixt to enter and remain in Canada.
The Watt case is in jeopardy of being struck for delay (see attached letter) due to lack
of funding. CCT could fund the Watt case for less than their annual retainer for Stuart
Rush. We ask CCT to fund the Watt case as it benefits all members of Sinixt Nation
including future generations.
CCT has a budget of $100,000.00 funding a liaison position held by Jim Boyd. Jim Boyd
has only visited the Sinixt north representative once in all of the months that he has been
paid as a liaison. Jim Boyd has used his liaison position to come into this area and speak
poorly of the work that we have been doing. We ask you to stop the liaison position from
doing this negative work. Why would you pay someone that amount of money to come
into our northern territory without knowing what we are doing and say negative things
about good work?
We are also taking the liberty to send this map of how the Okanogan Nation Alliance is
claiming all of Sinixt Territory, all Spokane territory, and all Colville Tribal Territory.
Apparently these claims are with the approval of CCT-hence the CCT logo on the map.
We do not agree with the CCT position that all of these territories are Okanogan or part
of the ONA claims. We state our opposition and request that CCT correct this grave
error immediately. We do not recall a referendum to all of the tribes included as part of
the Colville tribal confederation being asked if they wished to be included in an alliance
that does not follow tribal protocol and does not recognize nor respect tribal customs and
cultural laws.
Bob Campbell/l’lmixm/Appointed Head man
Robert Watt/Appointed Caretaker
Marilyn James/Appointed Spokesperson
the xwuplax’n (the law of the land). Our mothers and elders guided us to the xwuplax’n
teachings as we brought back the remains of our ancestors. Bringing home the ancestors
was the first priority of the mothers and elders. They spoke of how the ancestors viewed
the water and land and all things of the land and water and how we were placed here to
have reverence and to behave responsibly for all of those things within our territory. We
have brought back 62 ancestral remains and all of those remains have been returned to
our sacred site at Vallican on Perry Ridge. Each one of those ancestors we have brought
back represents at least one teaching and sometimes there were many teachings attached
to the return of remains.
We have been speaking and acting on behalf of the land and water by trying to protect the
land and water and the beings of the land and water through the courts. Most recently we
were trying to speak on behalf of Perry Ridge which is the land mass between the Slocan
and Little Slocan Rivers. There were 4 cut blocks that the Ministry of Forests allocated
for cutting on the north end of Perry Ridge. For those of you who are not familiar with
Perry Ridge it is where our ancestral remains are buried, the site of our ceremonial pit
house and occupation camp is located, where the Colville property is located, the site
of the heritage/archaeology dig (oldest carbon dated pit house and largest pit house
structure documented to date). Perry Ridge is home to many endangered and threatened
species. Specifically documented within the 4 cut blocks is the western toad and critical
corridor and habitat for wolverine, grizzly, wolf, caribou. Recently a lichenologist from
Germany documented species of lichen that were never previously documented in the
world. It represents many unique micro climates and would require many years of study
to document what this landscape holds. How can we know what we are responsible for if
we do not know what is here? We must not allow destruction to the land and water.
While trying to protect species, water, land/habitat by demanding to be consulted so
that Sinixt interests and demands could be documented and put on record the Attorney
General of BC stated that we had no standing to bring court action on behalf of the
Sinixt. While the court case proceeded Okanogan Nation Alliance (ONA) and Colville
Confederated Tribes (CCT) joined the Attorney General of BC to obstruct our efforts for
all that we were working to protect. This case is currently under appeal.
The Attorney General stated that the consultation process was completed with West
Bank Okanogans. The Attorney General produced a letter from West Bank that simply
stated that the cut blocks on Perry Ridge were within their land claim area. No concerns
for water, species, heritage sites, habitat or any other values were mentioned by West
Bank. ONA was represented in that court case by the law firm of Mandel Pender.
We feel this was a direct conflict of interest by Mandel Pender as they represented
the Sinixt previously and in representing us stated/defined/represented the Sinixt as
autonomous from any other representational group including the Okanogans and Colville
Confederated Tribes.
CCT was represented by attorney Underhill. When I asked Michael Finley why they
would have Underhill represent them as Underhill has a long history of representing
the government in anti-Indian cases in the past. Michael Finley stated that CCT hired
Underhill on the recommendation of CCT lawyer Stuart Rush. Why would CCT pay
Stuart Rush a $279,000.00 retainer every year to represent them and then pay another
lawyer to represent them in this case and have to pay Underhill as well?
Underhill is the government lawyer fighting our neighbours, the Burgoons, in an
Environmental Appeal Board (EAB) action. This EAB case is to protect McFayden
Creek (also on Perry Ridge) from a developer who wishes to dewater the creek at one
point and reinsert the water at another point down stream to the detriment of the stream/
habitat/water. Underhill represents not only anti-Indian law he is also representing an
anti-environmental legal stand. We feel that Underhill and Rush are in positions of
Conflict of Interest as they both sit on the West Coast Environmental Law (WCEL) board
of directors. Underhill is the Chair of the WCEL Board. WCEL funded the Sinixt case
and then Underhill represented the CCT against the Sinixt. Rush is on the Board and the
lawyer representing ONA is also on the board of WCEL. How can board members of an
organization that funds cases upholding environmental protection fight against the very
cases they are funding? WCEL also funded the case to protect McFayden Creek that
Underhill is representing the government now to destroy?
Why wouldn’t CCT want to protect the land and water? Why would the CCT go against
their own people who stand for the land and water? If you look around the Colville
Reservation do you see the xwuplax’n being represented in resource/water management?
Are sustainable practices being engaged so the future generations will have clean water
and a healthy environment?
We might not agree on many things but we feel there are many issues that the CCT and
Sinixt north could collaborate on for all of the peoples past, present and future. We
encourage CCT to do the right thing and not fight the people who are fighting so hard for
the water, land and resources. We have worked on behalf of the land and resources and
brought our ancestors home without taking anything away from the CCT.
The only pending Sinixt aboriginal case in Canada is the case of -Watt v. Queen- an
assertion of the aboriginal right to enter and move freely within our traditional territory.
Without the right to enter and move within our territory we are disenfranchised from
our territory and all associated rights. The Watt case is our only present opportunity to
challenge the border issue and exert our rights to our territory in Canada.
What is Stuart Rush doing to promote Sinixt rights in Canada for the annual $279,000.00
retainer? Fighting the Sinixt Representatives in Canada is not promoting the rights of
Sinixt to enter and remain in Canada.
The Watt case is in jeopardy of being struck for delay (see attached letter) due to lack
of funding. CCT could fund the Watt case for less than their annual retainer for Stuart
Rush. We ask CCT to fund the Watt case as it benefits all members of Sinixt Nation
including future generations.
CCT has a budget of $100,000.00 funding a liaison position held by Jim Boyd. Jim Boyd
has only visited the Sinixt north representative once in all of the months that he has been
paid as a liaison. Jim Boyd has used his liaison position to come into this area and speak
poorly of the work that we have been doing. We ask you to stop the liaison position from
doing this negative work. Why would you pay someone that amount of money to come
into our northern territory without knowing what we are doing and say negative things
about good work?
We are also taking the liberty to send this map of how the Okanogan Nation Alliance is
claiming all of Sinixt Territory, all Spokane territory, and all Colville Tribal Territory.
Apparently these claims are with the approval of CCT-hence the CCT logo on the map.
We do not agree with the CCT position that all of these territories are Okanogan or part
of the ONA claims. We state our opposition and request that CCT correct this grave
error immediately. We do not recall a referendum to all of the tribes included as part of
the Colville tribal confederation being asked if they wished to be included in an alliance
that does not follow tribal protocol and does not recognize nor respect tribal customs and
cultural laws.
Bob Campbell/l’lmixm/Appointed Head man
Robert Watt/Appointed Caretaker
Marilyn James/Appointed Spokesperson
Posted by Sinixt Media. Posted In : Community
