Secwépemc – BC Government to Government (Qwelmínte)

LETTER OF COMMITMENT (“LOC”)

Between:

Adams Lake Indian Band, Little Shuswap Lake Indian Band, Shuswap Indian Band,
Simpcw First Nation, Splatsin, and the Skeetchestn Indian Band and Tk’emlups te
Secwépemc (collectively the Stk’emlupsemc te Secwépemc)

(the “Secwépemc”)

And:

Her Majesty the Queen in Right of the Province of British Columbia as represented by the
Minister of Indigenous Relations and Reconciliation, Minister of Forests, Lands, Natural
Resource Operations and Rural Development, Minister of Energy, Mines and Petroleum
Resources, and Minister of Environment and Climate Change Strategy

(the “Province”)

(Collectively referred to as the “Parties”)

Whereas:

A. The Secwépemc have our own laws (Yerí7 re Stsq’ey’s-kucw) which were given by
Senxúxwlecw (Sk’elép) and laid out in our oral histories (Stseptékwll) relating to
Secwépemc ways of life and responsibilities to below, on and above Secwepemc territory
(Secwépemcúlecw) including its water worlds, sky world, mother earth, fires and cultural
heritage.
B. In the summer of 1910, Sir Wilfrid Laurier met with a delegation of chiefs, which
included those from the Secwépemc Nation, who presented him with a document known
as the Memorial (attached to this LOC as Schedule 2), whereby the chiefs asserted the
persistence of their aboriginal title and sovereignty, vowing that they would continue to
struggle for a just and reciprocal relationship with the government until it was achieved.
In the Memorial the Chiefs stated:

“So long as what we consider justice is withheld from us, so long will dissatisfaction
and unrest exist among us, and we will continue to struggle to better ourselves. For the
accomplishment of this end we and other Indian tribes of this country are now uniting
and we ask the help of yourself and government in this fight for our rights. We believe it
is not the desire nor policy of your government that these conditions should exist. We

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 demand that our land question be settled, and ask that treaties be made between the
government and each of our tribes, in the same manner as accomplished with the Indian
tribes of the other provinces of Canada, and in the neighboring parts of the United
States. We desire that every matter of importance to each tribe be a subject of treaty so
we may have a definite understanding with the government on all questions of moment
between us and them.”

C. The Constitution Act, 1982, section 35(1) states, “The existing aboriginal and treaty rights
of the aboriginal peoples of Canada are hereby recognized and affirmed.”
D. The Province has a duty to consult in a manner that is consistent with the honour of the
Crown, and where appropriate, to accommodate the Secwépemc prior to approving
proposed activities that could adversely impact their Aboriginal rights and title.
E. The Secwépemc and the Province signed the Secwépemc Reconciliation Framework
Agreement (“Secwépemc RFA”) in April of 2013 which has since expired.
F. The Province has committed to fully adopting and implementing the UN Declaration on
the Rights of Indigenous Peoples (“UNDRIP”) and the Truth and Reconciliation
Commission’s Calls to Action and is committed to working with First Nations in a
collaborative and respectful manner to develop a vision of reconciliation to guide the
adoption of UNDRIP, the Truth and Reconciliation Commission’s Calls to Action, and
the Supreme Court of Canada’s Tsilhqot’in decision and other case law.
G. The Parties recognize that a new agreement is required as the first step to an evolving
long-term relationship, building upon the lessons learned from the Secwépemc RFA.
H. The Province is committed to achieving reconciliation with the Secwépemc through a
renewed Government-to-Government (“G2G”) relationship based on recognition of
rights, respect, co-operation and partnership as the foundation for transformative change.
I. Without prejudice to their differing views with regard to sovereignty, jurisdiction, title,
laws, and ownership, the Parties intend to work collaboratively and are committed to
engaging across a spectrum of land and resource (Tmicw) issues, improving the
Secwépemc economy, G2G relationships and to fulfilling legal obligations.
J. Through this LOC, the Parties are reaffirming their commitment to a shared goal of
achieving true and lasting reconciliation for the Secwépemc and the Province for the
benefit of the generations to come.
K. The Parties wish to work under the collaborative principle articulated in the Story of
Porcupine (Re Skú7pecen re Stseptékwlls) as told to James Teit by Secwépemc
storyteller Sexwélecken in 1900 and re-translated by Skeetchestn elders into
Secwépemctsín (attached to this LOC as Schedule 1), which is summarized as follows:

Secwépemc Ancestors told the foundation of reconciliation through the Story of

Porcupine. In this story it is said that two People lived in conflict to one another.
Their Chiefs were Elk and Swan. These people were interfering with each other’s
business leading to difficulties in putting away food and living in peace. What one
group did well the other group did poorly and because of this the people suffered and

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 were pitiful. Coyote was sent as a messenger but many times failed in the face of the
deep snow and difficulty of the journey. It was Porcupine who brought the two People
together and when the People humbled themselves and shared their knowledge they
were able to learn from one another and consequently lived in peace and prosperity.

Now therefore the Parties agree as follows:

1. Objectives
1.1. The Parties will make sustained, substantive progress towards:
a. development of a shared path to a long term reconciliation agreement to advance
the Parties’ interests in a true G2G relationship, based on the shared goal to
reconcile their respective jurisdictions, governance, laws, values and
responsibilities;
b. reduced conflict over lands and resources by collaboratively developing structures
and processes that can facilitate consensus seeking outcomes reflecting the principle
of free, prior, and informed consent under UNDRIP, the Truth and Reconciliation
Commission’s Calls to Action, and the Supreme Court of Canada’s Tsilhqot’in
decision and other case law;
c. support for the Secwépemc with the practical challenges of building law and land
management capacity with the goal of enabling a self-determined governance; and
d. elimination of the socio-economic gap faced by the Secwépemc, and securing a
central role for the Secwépemc as partners in the regional economy by developing a
new fiscal relationship between the Secwépemc and the Province.

2. Actions
2.1. To support the commitments set out in this LOC, the Parties agree to the following
actions:
a. The Parties will hold a minimum of one ‘Chief-to-Chief’ meeting with Secwépemc
Chiefs and Ministers annually. Meeting locations will alternate between Secwépemc
territory and a location identified by the Province.
b. The Parties will establish an interjurisdictional G2G Forum, comprised of the six
entities listed below, and as illustrated in Figure 1, to support the implementation of
this LOC:
i. Leadership Table;
ii. G2G Senior Council;
iii. a Secwépemc Title and Rights Table;
iv. a Shared Decision-Making Table;
v. a Secwépemc Economy Table; and
vi. a Secwépemc Culture Revitalization Table.

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Figure 1. G2G Forum

Leadership Table
(Ministers & Chiefs)

G2G Senior Council

Secwépemc Culture
Secwépemc Title & Shared Decision- Secwépemc
Revitalization
RIghts Table Making Table Economy Table
Table

c. The Parties will assign representatives with appropriate authority to the G2G Forum
and will develop a terms of reference for the G2G Forum within 60 days of the
execution of this LOC.
d. The Parties will work on the following actions:
i. build a shared understanding of Secwépemc traditional governance, laws, and
protocol, and identify processes to support Secwépemc governance and
capacity building;
ii. collaboratively explore approaches for a contemporary shared decision
making model between the Secwépemc and the Province, reflecting
principles of UNDRIP, the Truth and Reconciliation Commission’s Calls to
Action, and the Supreme Court of Canada’s Tsilhqot’in decision and other
case law;
iii. rebuilding the Secwépemc economy and culture including language
(Secwépemctsin);
iv. collaboratively explore options and potential mechanisms, informed by
provincial and federal legislative development, to co-operatively recognize
and address Secwépemc governance, title and rights, culture, and heritage;
v. explore ideas for revised revenue sharing approaches, informed by provincial
policy work, to review existing and new forms of revenue sharing while
respecting Secwépemc title and rights;
vi. undertake mutual learning and relationship building through facilitation and
workshops, as determined by the Parties;
vii. early actions that build trust and demonstrate shared commitment; and
viii. other actions, as determined by the Parties.
e. The Parties will collaboratively build an annual work plan and budget (the “Work
Plan”) within 90 days of the execution of the LOC, and will update it as is necessary.

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 f. The Parties will collaboratively develop an annual report on the progress of the Work
Plan deliverables and associated costs and submit it to the Parties’ respective
leadership 30 days prior to the one year anniversary of the execution of the LOC.
g. The Parties will identify key areas of common interests to inform a collaborative
reconciliation pathway and associated budget, which will support a long term
reconciliation agreement mandate request to each Parties’ respective leadership
within one year of the execution of the LOC.
h. The Parties have collaboratively developed an Interim Engagement Approach
(“IEA”), which is identified as an agreement deliverable in section 1(a) of Schedule 3
and attached to this LOC as Schedule 4, to support financial and operational
continuity with respect to consultation and engagement between the Parties on land
and resource activities during the term of this LOC.
i. The Parties’ leadership will regularly monitor progress and drive the fundamental
change mandated by this LOC.
j. The Parties will each appoint a Responsible Official to support the implementation of
this LOC.

3. Funding
3.1. The Province will provide funding to the Secwépemc in support of the actions and
objectives identified in this LOC, in accordance with Schedule 3.

4. Other Secwépemc Communities and G2G Tables

4.1. In the interest of comprehensive reconciliation with the entire Secwépemc Nation, other
Secwépemc communities may become a Party to this LOC through an amendment to
this LOC made in writing and signed by all the Parties.
4.2. The Parties recognize existing G2G relationships at community and divisional levels,
that the LOC is intended to respect those relationships, and that there may be areas of
mutual interest in the future.

5. Other Provincial Ministries and Agencies

5.1. The LOC only applies to the signatory ministries and their areas of responsibilities and
expressly does not apply to any other ministries or agencies, including without limitation
to, the ministries identified in Schedule 5.
5.2. The Parties may engage other provincial ministries and agencies where mutually
agreeable and as appropriate, by way of invitation to engage with the G2G Forum.
5.3. In the interest of a G2G relationship, other provincial ministries and agencies may
become a Party to the LOC through an amendment to this LOC made in writing and
signed by all the Parties.

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6. Federal Government
6.1. The Parties may engage the federal government where mutually agreeable and as
appropriate, by way of invitation to engage with the G2G Forum.
6.2. As we progress and begin to understand our mutual goals and objectives and have set out
a path forward, the Parties recognize that Canada has a critical role in reconciliation.
6.3. In the interest of comprehensive reconciliation between the Crown and the Secwépemc
Nation, the federal government may become a Party to this LOC through an amendment
to this LOC made in writing and signed by all the Parties.

7. Term & Termination

7.1. The term of the LOC will be in effect for a term of two (2) years from the date of
execution, or until such time as a long term reconciliation agreement, as referenced in
section 1.1(a), is signed by the Parties, whichever occurs first.
7.2. Any Party may terminate this LOC upon 60 days written notice to the others, outlining
the reasons for the termination. If the LOC is terminated by a Party, the funds advanced
up to the date of termination are not repayable to the Province.
7.3. The Parties may agree to extend the term of the LOC by way of amendment in writing.

8. Amendment
8.1. The Parties consider the LOC, Interim Engagement Approach and Work Plan to be
living documents, and as such, will make amendments to those documents from time to
time, and as mutually agreed on by the Parties. Those amendments will be made as the
LOC is implemented.

9. Dispute Resolution
9.1. The Parties will adopt a collaborative and interest-based approach to the interpretation of
the LOC.
9.2. For the purposes of this section, a “Dispute” is defined as any disagreement arising out
of the interpretation or implementation of this LOC, but does not include a dispute
arising from a consultation matter under the IEA.
9.3. The Parties will endeavor to resolve issues or disputes that may arise about the LOC in a
manner that fosters an improved, ongoing, and respectful G2G relationship between the
Province and the Secwépemc.
9.4. Any Party may bring a Dispute to the attention of the G2G Senior Council by written
notice to the LOC Responsible Officials. The Senior Council will meet to discuss and
attempt to resolve the Dispute.

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 9.5. If the G2G Senior Council meeting referred to in section 9.4 fails to resolve the Dispute,
the Parties may jointly agree to refer the Dispute to mediation. The intention of
mediation is for the mediator to make a non-binding recommendation to the Parties.
9.6. The mediator will be jointly appointed by the Parties. If the Parties cannot agree on the
appointment of a mediator within 30 business days, the Parties will request the
appointment to be made from a roster made up of mediators from the BC International
Commercial Arbitration Centre.
9.7. Each Party will bear its own costs of the mediation and the Parties will share the cost of
the mediation equally.
9.8. For clarity, nothing in this section prevents or limits the ability of any Party to seek relief
in court and/or boards and tribunals relating to a Dispute after exhausting the dispute
resolution processes set out in this section or if a Party still considers the Dispute
unresolved more than 30 days after the Dispute was brought to the attention of the G2G
Senior Council under section 9.4. This dispute resolution provision does not apply to
existing proceedings.
9.9. Notwithstanding section 9.4, any Party may bring judicial proceedings relating to a
Dispute at any time:
a. to prevent the loss of a right to commence proceedings due to the expiration of a
limitation period; or
b. to obtain interlocutory or other interim relief.

10. General Provisions

10.1. This LOC does not create, amend, define, affirm, recognize, abrogate, derogate from any
aboriginal rights or title of the Secwépemc which are recognized and affirmed by section
35(1) of the Constitution Act, 1982.
10.2. This LOC is not a treaty or lands claim agreement within the meaning of sections 25 and
35 of the Constitution Act, 1982.
10.3. This LOC does not limit the positions any Party may take in any legal or administrative
proceedings or in any discussions, negotiations or other forum, or constitute any admission
of fact or liability.
10.4. Nothing in this LOC is intended to limit any rights or obligations that any of the
Partiesmay have under any other agreement.
10.5. This LOC does not affect the jurisdiction or fetter the discretion of any decision-making
authority.
10.6. This LOC, together with the Schedules listed herein, is the entire agreement between the
Parties in respect of the subject matter of this agreement and, except as set out in this LOC,
there is no representation, warranty, collateral agreement, condition, right, or obligation
affecting this LOC.

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 10.7. Each of the Parties will, upon reasonable request of another Party, do such other lawful
acts or deliver such further documents in a timely fashion as are reasonably required in
order to fully perform and carry out the terms of this LOC.
10.8. Any waiver of a provision of this LOC, the performance by a Party of an obligation under
this LOC or a default by a Party of an obligation under this LOC will be in writing and
signed by the Party giving the waiver and will not be a waiver of any other provision,
obligation or subsequent default.
10.9. This LOC will be governed by and construed in accordance with the laws of the Province
of British Columbia and Canada.
10.10. If any provision of this LOC or the application of it to any person or circumstance is
invalid or unenforceable to any extent, the remainder of this LOC and the application of it
to any person or circumstance will not be affected or impaired and will be valid and
enforceable to the extent permitted by law.
10.11. Each Secwépemc community represents and warrants to the Province, with the intent and
understanding that it will be relied on by the Province in entering into this LOC, that it
enters into this LOC for and on behalf of itself and its members and that it has the legal
power, capacity and authority to enter into and to carry out its obligations under this LOC.
10.12. The Province represents and warrants to the Secwépemc, with the intent and
understanding that it will be relied on by the Secwépemc in entering into this LOC, that it
has the legal power, capacity and authority to enter into and to carry out its obligations
under this LOC and that all necessary actions have been taken by the Province to authorize
the execution and delivery of this LOC.
10.13. This LOC may be entered into by each Party signing a separate copy of this LOC and
delivering it to the other Parties by facsimile or other electronic transmission.

We recognize that the rights, interests and laws of Secwépemc and other Indigenous nations
under section 35 of the Constitution Act, 1982 must be acknowledged and respected.

It is time to turn commitments to action. Just do it (Xíllte T’ucw).

List of Schedules to this LOC:

1. The Story of Porcupine (Re Skú7pecen re Stseptékwlls)
2. Memorial to Sir Wilfrid Laurier (1910)
3. Funding
4. Interim Engagement Approach
5. Excluded Provincial Areas of Responsibility
6. Secwepemc Band Council Resolutions and Joint Council Resolutions

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IN WITNESS WHEREOF the Parties hereby execute this LOC as set out below:

ON BEHALF OF THE SECWÉPEMC:

SIGNED on behalf of the STK’EMLUPSEMC TE SECWÉPEMC NATION (SSN):

___________________________________ ___________________________________
Kukpi7 Rosanne Casimir Date
Tk'emlups te Secwépemc

___________________________________ ___________________________________
Witness Date

___________________________________ __________________________________
Kukpi7 Ron Ignace Date
Skeetchestn Indian Band

__________________________________ __________________________________
Witness Date

SIGNED on behalf of SPLATSIN:

___________________________________ ____________________________________
Kukpi7 Wayne Christian Date

__________________________________ ___________________________________
Witness Date

SIGNED on behalf of the ADAMS LAKE INDIAN BAND:

___________________________________ ___________________________________
Kukpi7 Clifford Arnouse Date

___________________________________ ___________________________________
Witness Date

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SIGNED on behalf of the SHUSWAP INDIAN BAND:

____________________________________ ____________________________________
Kukpi7 Barb Cote Date

____________________________________ ____________________________________
Witness Date

SIGNED on behalf of the LITTLE SHUSWAP LAKE INDIAN BAND:

____________________________________ ___________________________________
Kukpi7 Oliver Arnouse Date

___________________________________ ____________________________________
Witness Date

SIGNED on behalf of SIMPCW FIRST NATION:

___________________________________ ____________________________________
Kukpi7 Shelly Loring Date

____________________________________ ____________________________________
Witness Date

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HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH
COLUMBIA
As represented by the Minister of Indigenous Relations and Reconciliation:

___________________________________ ___________________________________
Honourable Minister Scott Fraser Date

___________________________________ ____________________________________
Witness Date

As represented by the Minister of Forests, Lands, Natural Resource Operations and Rural
Development:

___________________________________ ____________________________________
Honourable Minister Doug Donaldson Date

____________________________________ ____________________________________
Witness Date

As represented by the Minister of Energy, Mines, and Petroleum Resources:

____________________________________
____________________________________
Honourable Minister Michelle Mungall Date

____________________________________ ____________________________________
Witness Date

As represented by the Minister of Environment and Climate Change Strategy:

___________________________________ ___________________________________
Honourable Minister George Heyman Date

___________________________________ ___________________________________
Witness Date

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Schedule 1 - The Story of Porcupine (Re Skú7pecen re Stseptékwlls)

This stsptekwll was told to James Teit by Secwépemc storyteller Sexwélecken in 1900,
unfortunately only rendered in English as re-told by Teit in his own prose.
The Skeetchestn elders re-translated the story into Secwépemctsin.

Kukwstsétsemc to Daniel Calhoun, Leona Calhoun, Amy Slater, Christine Simon, Garlene
Dodson, Doris Gage, Marianne Ignace, Ron Ignace, Julienne Ignace

Cw7it te qelmúcw tsyem-ekwe ne nek̓úl̓ecw te tmicw.

A large number of people lived together in one place, so they say.

Re speqmíc ri7 re kúkwpi7s-ekwe.

Swan was their chief, they say.

Ne kekéw te t̓ecwllúl̓ecw, te nek̓wésq̓t-ekwe me7 re scwesét-kt, te tekenu7s re sk̓welkwélt,

tsyemes-ekwe te t̓icwell te qelmucw te sts7émet.stem te Ts̓í7emc.
In another far away place, one day’s journey away, beyond the snowy mountains lived another
group of people, they were called the Deer People.

Yi7éne te tmescécen lu7 re ts̓i7, re teniye, re selcwéyecen, re sxwet̓éy, re yigelécken ell re

s7i7llcw.
These people included deer, moose, caribou, mountain goat, mountain sheep and some others.

Re tcets̓-ekwe lu7 re kúkwpi7s.

They say that their chief was Elk.

Ye-ekwe yirí7 k scmentwécws te tsqwétsten te m-sq̓7es.

For a long time they had been enemies.

Kwemtús re sk̓elcmentwécws, t̓ri7 yem wel re kwek̓wiyúsem re s7elk̓wstsíllens

They were interfering in each others’ business all the time, that’s why they had a hard time
putting away food.

Tect̓icwell re stk̓wenm7íple7s, ell re tsutsúwet.s.

They each had a different kind of government and different ways of doing things.

Nek̓úsem relralt re sw7ecs, k̓emell nek̓usem ta7 t̓ri7 k sle7s, t̓ri7 yem wel kwemtús re
skwek̓wiyusems.
What one group did well the other group did poorly, that is why all of them they always suffered.

Re spipyuy7e tit̓éy̓pens re tmescécen ell re tmescécen tit̓éy̓pens re spipyuy7e t̓ri7 wel

qwenqwént re xwexwéytes.
The birds were acting like four-legged animals, and the four-legged animals acted like birds, that
is why they were all pitiful.

Re speqmíc qwenmíns es texwentés tkenhé7e re lele7stw7écws, es ta7es cuy̓tsem re

sk̓elcmentwécws.

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Swan wanted to fix how they could be good to each other, so that they wouldn’t interfere in one
another̓s affairs any more.

Re speqmíc necwentés es pálpelt.s re tsqwétsten, t̓ri7 yem wel w7ec re yewsentwécwes.

The swan believed that the people were stubborn that is why they were troublesome and were
being a nuisance to one another.

Nek̓u7 te sitq̓t te m-ístkmes, le gat̓tes re swucwt ne skwelk̓wélt, m-melk̓wilcmens re

k̓wséltktens re speqmic.
One day in winter when the snow was deep in the mountains, Swan gathered his people together.

Neri7 m-lexéy̓ect.s stem̓i re sptínesems, m-yews re sulltimt.s swéti7 me7 nes es tsxlitens re
tcets̓, swéti7 t̓ri7 re sxilems me7 éyentem cw7it te sxíxlem.
And he told them what he had thought, and then asked who would go to invite Elk to come, and
whoever would do that would be paid lots of dentalium.

Tsúntem te sk̓elép, “Re ntsétswe7 me7 néns-ken.” M-yews re sllecwentés re s7ícenst.s te

stemstítem̓t.s, tskerniy̓ te sillts̓u7úw̓i, ell xwexwéyt re sxixlems ell re mémles.
Coyote said, “I will go.” Then he put on his fancy clothes, his embroidered moccasins, all his
dentalia and his necklaces.

Le estk̓lucwes m-qwetséts re sk̓elép, k̓émell ta7ks qwenens es k̓wétems ne xgat̓t te swucwt.

T̓ri7 yem m-tentyénmens re c7istkten wel tskwtek̓ re skék̓w7es le xqilltes re k̓wséltktens.
Coyote left at sundown, but he did not want to walk in the deep snow. That’s why he kept circling
the underground house until sunrise when his relatives woke up.

M-séwentem te speqmic, “kénem me7e ta7 ke7 sqwetséts ey?”

Swan asked him, “How come you have not left yet?”

M-éytsentem te sk̓elép, “m-etsxmimen t̓ucw ens cwiwselc, t̓ri7 wel ta7 ey ken sqwetséts te
sqeltus. E r7ales me7 qwetséts-wen.
Coyote answered, “I was practicing running, that’s why I haven’t left for the mountains yet. I will
leave tonight.

M-r7ales tspíqwstem le qwetsétses te k̓wséltktens wel re m-legúp.

In the evening the relatives watched him until he was out of sight.

Ta7 k sq̓7es m-xpqenwén̓ses k sgat̓t7uys re swucwt, cwelpilc m-tspelq̓ilcwes, m-stsilcwes ne

k̓wellk̓émts re xnicw ne ck̓emqíns re c7istkten.
It was not long until he found the snow too deep, so he turned around and went back, and he lay
down under the ladder on the roof of the underground house.

Le xqilltes re qelmucw m-wiktem te xexe7 re s7itcs re sk̓elép, m-xúq̓leqses. M-séwentmes te

speqmic, “kénem mé7e ta7 ke7 sqwetséts ey?”
When the people woke up they saw that coyote was fast asleep and snoring. Swan asked him,
“why didn’t you leave yet?”

M-tsúntem te sk̓elép, “m-etsxmímen ens cwiwselc, t̓ri7 yem wel cetsétsus-ken.” E r7áleses
me7 qwetséts-wen.

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Coyote told him, “I was practicing running, and that’s why I got tired. I will leave tonight.

Re speqmic m-séwens re k̓wseltkens sweti7 me7 exték es qwetséts.s. Xwexwéyt re stsetsut,

yiri7 re sku7pecen tikwemtus re skuk̓uwétems ne skwelk̓welt, ne gat̓t te swucwt, t̓ri7 yem
me7 exték es qwetséts.
Swan asked his relatives who would be the fittest one to go. They all said that the porcupine
always walked in the snowy mountains in the deep snow, that’s why he would be the fittest one.

T̓ri7 yem m-twinél̓esmentem re sku7pecen es qwetséts.

Thus, they depended on Porcupine to go.

t̓qwentés re sillts̓u7uw̓is ne sitest wel re m-cwén̓wen, m-yews re syexs te qwets.

He sewed his moccasins.

Le-tsek̓ul̓ecwes re tmicw m-qwetsétses.

He left at the break of dawn.

M-wiktmes te sk̓elép m-tulíl̓mentem, tsuntmes, “yumell re ntse̓tswe7 ta7 ks xenwéw̓en ens

qwetséts, tkenhé7e me7 xillt.s yi7ene te qwenqwént, te kenkint, te ctsetsscécen te k̓wséltkten-
kt es t̓7eks ne gat̓t te swucwt?
When Coyote saw him, he laughed at him and said, “If even I could not make it, how can this
pitiful, slow and short legged relative of ours make through the deep snow?”

E r7aleses m-kitsc re sku7pecen re tcets̓ re tsitcws, xexé7 re stlel̓s, stsmuxmux-ekwe te

scúyent ell te swucwt.
In the evening, Porcupine arrived at Elk’s house; he was very exhausted and covered in ice and
snow.

Le qw7étses re skú7pecen, m-kectés re tcets̓ te stél̓tsnems re speqmic es tsxlitens re tcets̓ met

re k̓wséltkens. M-yews re sulltimcwes te stiten̓c ell te t̓éq̓cen̓ es t̓qwentés re silltsu̓7uw̓is.
After Porcupine had warmed himself, he gave Elk the message from Swan and asked for sinew
and an awl to sew his moccasins.

Le-wi7es re stel̓tsnem̓s, m-tsuntem te tcets̓, “Pexyéwt me7 tégwentp-kucw re ntsétswe7 met

ren k̓wseseltkten ne tmicw-emp.”
When he was finished delivered, Elk told him, “tomorrow me and my people will visit you in
your country.

M-pelq̓ilc re sku7pecen ne tmicws, m-lexéy̓ect.ses re speqmic stem̓i lu7 re stél̓tsnem̓s re

tcets̓.
Porcupine returned to his country, and then he told Swan what Elk̓s message was.

Le yigapes re tcets̓ met re k̓wséltktens m-tsecwmintem, m-yews re smetéms.

When Elk and his relatives arrived they were warmly greeted and feasted.

Le wi7es re s7illens m-xit̓elc well re speqmic met re k̓wséltktens ne sxetéqs re tcets̓.

After they finished eating, Swan and his relatives knelt before Elk.

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Re speqmic m-tslexemcit.s xwexwéyt re stem re stslexméms, ell m-lexéy̓ect.s tkenhe7e m-
tsets̓eclementwécwes, T̓ri7 yem m-kectéses re tcets̓ xwexwéyt re texpqenwéllens ell re m-
tk̓wenm7iplemenses.
Swan shared his wisdom with them and told them how they could fix one another.
This is how he gave Elk all his knowledge and his advice.

M-yews re tcets̓ met re k̓wseltktens m-xit̓elc ne sxetéqs re speqmíc ell re tcets̓ m-kectés
xwexwéyt re sptinesems ell re tk̓wenm7ipe7s.
yiri7 re sxepqenwellentwécws ell t̓qwews p̓7ecws re sle7s re sxenwéllens es tsetséts.s es
yucwmentwecws.
Then Elk and his relatives knelt before Swan and Elk shared all his thoughts and his advice. And
this is how they learned from one another, and they were able to look after one another.

M-yews re p̓7ecws re sle7s re sw7ecs, m- le7stwécw wel me7 yews, m-ta7es cuy̓tsem re
sts̓niqentwécws.
Then they lived much better, they were good to one another from then on, and they stopped
fighting.

Yiri7 re tkwenm7íplemen̓twecwes wel me7 tekwemíte7.

These are the laws they gave to one another.

Re skú7pecen m-kwenwén̓ses te cwesqlew̓ te sxixlem. M-yews re skucwsentem te sk̓elép.

And Porcupine became rich with dentalia and was much envied by Coyote.

Yiri7 re stsecwtéps!
This is the end.

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Schedule 2 - Memorial to Sir Wilfrid Laurier

Memorial to Sir Wilfrid Laurier, Premier of the Dominion of Canada from the Chiefs of the
Shuswap, Okanagan and Couteau Tribes of British Columbia presented at Kamloops, BC,
August 25, 1910
Dear Sir and Father,
We take this opportunity of your visiting Kamloops to speak a few words to you. We welcome
you here, and we are glad we have met you in our country. We want you to be interested in us,
and to understand more fully the conditions under which we live. We expect much of you as the
head of this great Canadian Nation, and feel confident that you will see that we receive fair and
honorable treatment. Our confidence in you has increased since we have noted of late the attitude
of your government towards the Indian rights movement of this country and we hope that with
your help our wrongs may at last be righted. We speak to you the more freely because you are a
member of the white race with whom we first became acquainted, and which we call in our
tongue “real whites.”

One hundred years next year they came amongst us here at Kamloops and erected a trading post.
After the other whites came to this country in 1858 we differentiated them from the first whites as
their manners were so much different, and we applied the term “real whites” to the latter (viz., the
fur-traders of the Northwest and Hudson Bay companies. As the great majority of the companies
employees were French speaking, the term latterly became applied by us as a designation for the
whole French race.) The “real whites” we found were good people. We could depend on their
word, and we trusted and respected them. They did not interfere with us nor attempt to break up
our tribal organizations, laws, customs. They did not try to force their conceptions of things on us
to our harm. Nor did they stop us from catching fish, hunting, etc. They never tried to steal or
appropriate our country, nor take our food and life from us. They acknowledged our ownership of
the country, and treated our chiefs as men. They were the first to find us in this country. We never
asked them to come here, but nevertheless we treated them kindly and hospitably and helped
them all we could. They had made themselves (as it were) our guests.

We treated them as such, and then waited to see what they would do.

As we found they did us no harm our friendship with them became lasting. Because of this we
have a warm heart to the French at the present day. We expect good from Canada.

When they first came among us there were only Indians here. They found the people of each tribe
supreme in their own territory, and having tribal boundaries known and recognized by all. The
country of each tribe was just the same as a very large farm or ranch (belonging to all the people
of the tribe) from which they gathered their food and clothing, etc., fish which they got in plenty
for food, grass and vegetation on which their horses grazed and the game lived, and much of
which furnished materials for manufactures, etc., stone which furnished pipes, utensils, and tools,
etc., trees which furnished firewood, materials for houses and utensils, plants, roots, seeds, nuts
and berries which grew abundantly and were gathered in their season just the same as the crops
on a ranch, and used for food; minerals, shells, etc., which were used for ornament and for plants,
etc., water which was free to all. Thus, fire, water, food, clothing and all the necessaries of life
were obtained in abundance from the lands of each tribe, and all the people had equal rights of
access to everything they required. You will see the ranch of each tribe was the same as its life,
and without it the people could not have lived.

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Just 52 years ago the other whites came to this country. They found us just the same as the first or
“real whites” had found us, only we had larger bands of horses, had some cattle, and in many
places we cultivated the land. They found us happy, healthy, strong and numerous. Each tribe was
still living in its own “house” or in other words on its own “ranch.” No one interfered with our
rights or disputed our possession of our own “houses” and “ranches,” viz., our homes and lives.
We were friendly and helped these whites also, for had we not learned the first whites had done
us no harm? Only when some of them killed us we revenged on them. Then we thought there are
some bad ones among them, but surely on the whole they must be good. Besides they are the
queens people. And we had already heard great things about the queen from the “real whites.” We
expected her subjects would do us no harm, but rather improve us by giving us knowledge, and
enabling us to do some of the wonderful things they could do. At first they looked only for gold.
We know the latter was our property, but as we did not use it much nor need it to live by we did
not object to their searching for it. They told us, “Your country is rich and you will be made
wealthy by our coming. We wish just to pass over your lands in quest of gold.” Soon they saw the
country was good, and some of them made up their minds, to settle it. They commenced to take
up pieces of land here and there. They told us they wanted only the use of these pieces of land for
a few years, and then would hand them back to us in an improved condition; meanwhile they
would give us some of the products they raised for the loan of our land. Thus they commenced to
enter our “houses,” or live on our “ranches.” With us when a person enters our house he becomes
our guest, and we must treat him hospitably as long as he shows no hostile intentions. At the same
time we expect him to return to us equal treatment for what he receives. Some of our Chiefs said,
“These people wish to be partners with us in our country. We must, therefore, be the same as
brothers to them, and live as one family. We will share equally in everything half and half in land,
water and timber, etc. What is ours will be theirs, and what is theirs will be ours. We will help
each other to be great and good.

The whites made a government in Victoria perhaps the queen made it. We have heard it stated
both ways. Their chiefs dwelt there. At this time they did not deny the Indian tribes owned the
whole country and everything in it. They told us we did. We Indians were hopeful. We trusted the
whites and waited patiently for their chiefs to declare their intentions toward us and our lands. We
knew what had been done in the neighboring states, and we remembered what we had heard about
the queen being so good to the Indians and that her laws carried out by her chiefs were always
just and better than the American laws. Presently chiefs (government officials, etc.) commenced
to visit us, and had talks with some of our chiefs. They told us to have no fear, the queens laws
would prevail in this country, and everything would be well for the Indians here. They said a very
large reservation would be staked off for us (southern interior tribes) and the tribal lands outside
of this reservation the government would buy from us for white settlement. They let us think this
would be done soon, and meanwhile until this reserve was set apart, and our lands settled for,
they assured us we would have perfect freedom of traveling and camping and the same liberties
as from time immemorial to hunt, fish, graze and gather our food supplies where we desired; also
that all trails, land, water, timber, etc., would be as free of access to us as formerly. Our chiefs
were agreeable to these propositions, so we waited for these treaties to be made, and everything
settled. We had never known white chiefs to break their word so we trusted. In the meanwhile
white settlement progressed. Our chiefs held us in check. They said, “Do nothing against the
whites. Something we did not understand retards them from keeping their promise. They will do
the square thing by us in the end.”

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What have we received for our good faith, friendliness and patience? Gradually as the whites of
this country became more and more powerful, and we less and less powerful, they little by little
changed their policy towards us, and commenced to put restrictions on us. Their government or
chiefs have taken every advantage of our friendliness, weakness and ignorance to impose on us in
every way. They treat us as subjects without any agreement to that effect, and force their laws on
us without our consent and irrespective of whether they are good for us or not. They say they
have authority over us. They have broken down our old laws and customs (no matter how good)
by which we regulated ourselves. They laugh at our chiefs and brush them aside. Minor affairs
amongst ourselves, which do not affect them in the least, and which we can easily settle better
than they can, they drag into their courts. They enforce their own laws one way for the rich white
man, one way for the poor white, and yet another for the Indian. They have knocked down (the
same as) the posts of all the Indian tribes. They say there are no lines, except what they make.
They have taken possession of all the Indian country and claim it as their own. Just the same as
taking the “house” or “ranch” and, therefore, the life of every Indian tribe into their possession.
They have never consulted us in any of these matters, nor made any agreement, “nor” signed
“any” papers with us. They have stolen our lands and everything on them and continue to use
same for their own purposes. They treat us as less than children and allow us no say in anything.
They say the Indians know nothing, and own nothing, yet their power and wealth has come from
our belongings. The queens law which we believe guaranteed us our rights, the B.C. government
has trampled underfoot. This is how our guests have treated us - the brothers we received
hospitably in our house.

After a time when they saw that our patience might get exhausted and that we might cause trouble
if we thought all the land was to be occupied by whites they set aside many small reservations for
us here and there over the country. This was their proposal not ours, and we never accepted these
reservations as settlement for anything, nor did we sign any papers or make any treaties about
same. They thought we would be satisfied with this, but we never have been satisfied and never
will be until we get our rights. We thought the setting apart of these reservations was the
commencement of some scheme they had evolved for our benefit, and that they would now
continue until they had more than fulfilled their promises but although we have waited long we
have been disappointed. We have always felt the injustice done us, but we did not know how to
obtain redress. We knew it was useless to go to war. What could we do? Even your government at
Ottawa, into whose charge we have been handed by the B.C. government, gave us no
enlightenment. We had no powerful friends. The Indian agents and Indian office at Victoria
appeared to neglect us. Some offers of help in the way of agricultural implements, schools,
medical attendance, aid to the aged, etc., from the Indian department were at first refused by
many of our chiefs or were never petitioned for, because for a time we thought the Ottawa and
Victoria governments were the same as one, and these things would be charged against us and
rated as payment for our land, etc. Thus we got along the best way we could and asked for
nothing. For a time we did not feel the stealing of our lands, etc., very heavily. As the country
was sparsely settled we still had considerable liberty in the way of hunting, fishing, grazing, etc.,
over by far the most of it. However, owing to increased settlement, etc., in late years this has
become changed, and we are being more and more restricted to our reservations which in most
places are unfit or inadequate to maintain us. Except we can get fair play we can see we will go to
the wall, and most of us be reduced to beggary or to continuous wage slavery. We have also
learned lately that the British Columbia government claims absolute ownership of our
reservations, which means that we are practically landless. We only have loan of those reserves in
life rent, or at the option of the B.C. government. Thus we find ourselves without any real home
in this our own country.

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In a petition signed by fourteen of our chiefs and sent to your Indian department, July, 1908, we
pointed out the disabilities under which we labor owing to the inadequacy of most of our
reservations, some having hardly any good land, others no irrigation water, etc., our limitations re
pasture lands for stock owing to fencing of so-called government lands by whites; the severe
restrictions put on us lately by the government re hunting and fishing; the depletion of salmon by
over-fishing of the whites, and other matters affecting us. In many places we are debarred from
camping, traveling, gathering roots and obtaining wood and water as heretofore. Our people are
fined and imprisoned for breaking the game and fish laws and using the same game and fish
which we were told would always be ours for food. Gradually we are becoming regarded as
trespassers over a large portion of this our country. Our old people say, “How are we to live? If
the government takes our food from us they must give us other food in its place.” Conditions of
living have been thrust on us which we did not expect, and which we consider in great measure
unnecessary and injurious. We have no grudge against the white race as a whole nor against the
settlers, but we want to have an equal chance with them of making a living. We welcome them to
this country. It is not in most cases their fault. They have taken up and improved and paid for
their lands in good faith. It is their government which is to blame by heaping up injustice on us.
But it is also their duty to see their government does right by us, and gives us a square deal. We
condemn the whole policy of the B.C. government towards the Indian tribes of this country as
utterly unjust, shameful and blundering in every way. We denounce same as being the main cause
of the unsatisfactory condition of Indian affairs in this country and of animosity and friction with
the whites. So long as what we consider justice is withheld from us, so long will dissatisfaction
and unrest exist among us, and we will continue to struggle to better ourselves. For the
accomplishment of this end we and other Indian tribes of this country are now uniting and we ask
the help of yourself and government in this fight for our rights. We believe it is not the desire nor
policy of your government that these conditions should exist. We demand that our land question
be settled, and ask that treaties be made between the government and each of our tribes, in the
same manner as accomplished with the Indian tribes of the other provinces of Canada, and in the
neighboring parts of the United States. We desire that every matter of importance to each tribe be
a subject of treaty, so we may have a definite understanding with the government on all questions
of moment between us and them. In a declaration made last month, and signed by twenty-four of
our chiefs (a copy of which has been sent to your Indian department) we have stated our position
on these matters. Now we sincerely hope you will carefully consider everything we have herewith
brought before you and that you will recognize the disadvantages we labor under, and the
darkness of the outlook for us if these questions are not speedily settled. Hoping you have had a
pleasant sojourn in this country, and wishing you a good journey home, we remain.
Yours very sincerely,

The Chiefs of the Shuswap, Okanagan and Couteau or Thompson tribes

Per their secretary, J.A. Teit

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Schedule 3 – Funding
1. The Province will provide $3,000,000.00 capacity funding to the Secwépemc to support the
first year of implementation of this LOC in accordance with the following:
a. $2,000,000.00, within 30 days of the Parties executing this LOC for negotiation support
and capacity funding to engage in the actions identified in section 2.1, and the
implementation of the Interim Engagement Approach (Schedule 4); and
b. $1,000,000.00, within 30 days of the Parties finalizing the Work Plan, referenced in
2.1(e), and developing an annual budget that supports the implementation of the actions
identified in section 2.1.
2. The Work Plan referenced in 2.1(e) will inform a proposed budget for year two (2) of the
LOC.
3. Where appropriate, the Parties may collaboratively identify additional funding requirements,
and submit additional funding requests to the Province.
4. The Secwépemc will:
a. establish and maintain a bank account at a Canadian financial institution for the purpose
of receiving payments under this LOC;
b. provide the Province with the information under section 4(a) of this Schedule to enable
the Province to directly deposit payments; and
c. provide the Province with duly executed Secwépemc Band Council Resolutions and
Joint Council Resolutions, in accordance with Schedule 6, from each of the Secwépemc
communities authorizing the signatory to enter the LOC and confirming the funding
arrangements described in this Schedule.
5. If any Secwépemc communities withdraw their support for the commitments outlined in this
LOC or other Secwépemc communities become a party to the LOC, the Parties will review
the funding identified in this Schedule and the Parties may amend the funding amounts
specified in this Schedule to deal with the withdrawal or the addition of a party, as the case
may be.
6. If other Provincial ministries or agencies become a party to the LOC, the Parties will review
the funding identified in this Schedule 3.
7. The Secwépemc will submit an annual report in accordance with section 2.1(f) of the LOC.
8. Notwithstanding any other provision of this LOC, the payment of money by the Province to
the Secwépemc pursuant to this letter is subject to:
a. there being sufficient monies available in an appropriation, as defined in the Financial
Administration Act (the Financial Administration Act) and every amendment made
thereto being collectively called the ”Act“, to enable the Province, in any fiscal year or
part thereof when any payment of money by the Province to the Secwépemc falls due
pursuant to this LOC, to make that payment; and

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b. Treasury Board, as defined in the Act, not having controlled or limited, pursuant to the
Act, expenditure under any appropriation referred to in subsection 8(a).

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Schedule 4 - Interim Engagement Approach (IEA)

1. Context and Purpose

The Parties agree to operate under the IEA and to develop a collaborative engagement process to
guide decision making within Secwepemc territory (attached as Appendix “A”). The Parties
commit to this IEA for the Term of the LOC. The Parties are moving along a shared path to
reconciliation and exploring how they will make decisions together, with the intent of moving
toward a new, contemporary shared decision making model, as referenced in the LOC, section
2.1(d) ii. It is intended that the contemporary shared decision making model, once it is developed
and approved jointly by the Parties, will be supported by a long term reconciliation agreement as
referenced in the LOC, section 1.1(a).

2. Scope & Objectives

2.1 Subject to section 6.5, the IEA will apply to signatory ministries and their areas of
responsibilities, with the exception of those identified in Schedule 5.
2.2 This IEA:
a. defines and establishes the interim processes that will guide the Parties’ collaborative
engagement on proposed decisions within Secwépemc territory that have the
potential to adversely impact Secwépemc Aboriginal rights and title;
b. establishes an Operations Table for the purpose of supporting engagement under this
IEA; and
c. confirms that the Operations Table will connect to the G2G Forum through the G2G
Senior Council.

3. Principles
3.1 The Parties recognize each has decision-making authorities and jurisdictions, and that
each Party will make its own decisions based on its own laws, policies, responsibilities,
and protocols.
3.2 The Parties will operate to continuously learn and apply these learnings in pursuit of
improved engagement and collaboration processes in a manner that aspires to UNDRIP.

4. Term and Termination

4.1 For clarity, the term and termination of this IEA will occur concurrently with the LOC.

5. IEA Framework
5.1 The Parties will establish an Operations Table that will function as the interjurisdictional
table for operational discussions related to the interim engagement process, and will
support issue resolution (see Figure 2). The Parties will develop terms of reference for
the Operations Table within 60 days of the execution of the LOC.

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 5.2 The Parties will rely on the G2G Senior Council to provide additional support to the
engagement process established under this IEA (see Figure 2).
Figure 2. Schematic of IEA Framework

G2G Senior Council

G2G Operations Table

Interim Engagement Process

6. Interim Engagement Process

6.1 Subject to section 6.5, the Parties agree that that the Province will consult with the
Secwépemc on provincial decisions within Secwépemc territory that have the potential to
adversely impact Aboriginal rights and title, in accordance with the Province’s legal
obligations, while aspiring to full recognition and reconciliation. The Parties will
continue to engage in accordance with existing processes until an enhanced engagement
process is built in accordance with section 6.2.
6.2 Within 90 days of the execution of the LOC, the Parties will collaboratively enhance the
IEA, exploring collaborative approaches to consensus on decisions and issues resolution,
and will incorporate enhancements that are mutually acceptable to the Parties through
amendment in writing to this IEA.
6.3 The Parties will collaboratively work to improve these engagement processes through
their commitment to explore contemporary shared decision making models, as referenced
in LOC section 2.1(d) ii, and may amend this IEA where the Parties mutually agree to do
so.
6.4 The Parties recognize and respect existing G2G relationships at community and
divisional levels, that the IEA is intended to respect those relationships, and that there
may be areas of mutual interest in the future.
6.5 The Parties:
a. will work together to collaboratively enhance the IEA and develop a mutually
agreeable engagement process for major projects (as referenced in section 6.2);
b. may enter into a specific agreement for a major project which may include an
engagement process for all authorizations, permitting, licenses or other grants;
c. will recognize existing G2G relationships or agreements at community and divisional
levels, that the LOC is intended to respect those relationships, and that there may be

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 areas of mutual interest in the future (as referenced in section 6.4 and in LOC section
4.2).
d. acknowledge the IEA does not apply to major projects where the federal government
is the primary regulator and is consistent with section 6 of the LOC; and
e. agree that until (a) is completed, the IEA does not apply to engagement with the
Secwépemc in relation to or arising out of any major project within Secwépemc
territory and will remain subject to applicable laws, including the Crown’s duty to
consult and accommodate.
6.6 The Secwépemc will:
a. coordinate and administer a portal which will distribute referrals to the appropriate
Secwépemc community or communities in accordance with direction from the
Secwépemc communities and the IEA;
b. establish and maintain an office and secretariat to support implementation of the LOC
and IEA;
c. receive and distribute general correspondence between the Parties; and
d. receive and manage any funds provided under the LOC.

7. Issue Tracking and Resolution Process

7.1 The Parties will adopt a collaborative and interest-based approach to the implementation
of this IEA.
7.2 The Parties will collaboratively develop an Issues Tracking and Resolutions Process in
accordance with section 6.2 of this Schedule.

8. Dispute Resolution
8.1 The dispute resolution provisions of the LOC apply to this IEA.

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9. Relationship to Forest and Range Consultation & Revenue Sharing Agreement
(FCRSA)
9.1 For greater certainty, the Parties agree:
a. where a Secwépemc community has entered into a Forest and Range Consultation
and Revenue Sharing Agreement (“FCRSA”) with the Province, the Parties agree that
this IEA, and any amendments made to it, will apply to forest and range management
and decisions;
b. in the event that this IEA is terminated prior to the end of the term of FCRSA, the
consultation process set out in the FCRSA will apply;
c. this IEA enables the funding uplift referenced in the FCRSAs held by Secwepemc;
and
d. the Parties will collaboratively explore enhanced revenue-sharing under the FCRSA
model, informed by provincial policy work, as part of the Work Plan and in
accordance with the LOC, section 2.1(d) v.

10. General Provisions

10.1 The general provisions of the LOC apply to this IEA.

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Appendix A: Secwépemc Territory

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Schedule 5 – Excluded Provincial Areas of Responsibilities

As referenced in Section 5, the LOC does not apply to the following provincial ministries and
agencies:

1. Oil and Gas Commission;

2. Environmental Assessment Office;
3. BC Hydro; and
4. all other Ministries and Agencies that are not signatory to the LOC.

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Schedule 6: Secwepemc Band Council Resolutions and Joint Council Resolutions

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