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Band Council Resolution

The Council of the Mount Currie Band

Vancouver District

British Columbia

November 9, 1989

Do Hereby Resolve:

The Chief and Council of the Líl’wat Nation, in response to a consensus of the Líl’wat People, is advising the Prime Minister of Canada, by means of this resolution, as follows:

WHEREAS the Líl’wat Nation does not have a treaty with Canada,

WHEREAS the Royal Proclamation 1763 is a statute of Canada that requires First Nations’ consent to land cessions by treaty, and imposes on Canada an agency-like trust obligation to serve the best interests of treaty and non-treaty peoples,

WHEREAS the Líl’wat Nation did not consent to provincial laws, settlements, policies or other measures that purport to extinguish Líl’wat Title to traditional territories and resources, and which demonstrate Canada’s failure to protect Líl’wat interests against third parties,

WHEREAS Líl’wat traditional territories have been expropriated without consent or compensation, and Líl’wat political, cultural, spiritual and economic institutions have been subjected to process of destruction sanctioned by federal legislation and policy, in contradiction to Canada’s trust obligation,

WHEREAS the Líl’wat Nation can document and prove that severe economic, social, psychological, and physical damage has been inflicted on Líl’wat as a people, and as families and individuals, by Canada and by agencies acting on Canada’s behalf,

The Chief and Council, acting on behalf of Líl’wat, do therefore resolve and declare that they:

  • Assert their original title to all Líl’wat traditional territories and resources, which have been demarcated by Líl’wat boundary markers from time immemorial.
  • Reject the governance of the ‘Indian Act’ in its present and any future amended versions because it is based on precepts that deny the fundamental rights of Líl’wat people to function and survive as a distinct Nation enjoying sovereign powers on Líl’wat traditional territories.
  • Reject such concepts as devolution which assume the Líl’wat people are progressing through succeeding stages of ‘fitness’ to a condition of total assimilation and absorption into the general population of Canada.
  • Reject fiscal arrangements between Canada and the Líl’wat Nation which require that program design, standards and priorities be determined and managed in accordance with prescriptions laid down by Canada and the province in accordance with their laws, rather than Líl’wat laws.

AND FURTHERMORE, the Chief and Council, acting on behalf of Líl’wat do resolve and declare that hereafter:

  • Líl’wat is embarking on a transitional period of reconstruction and renewal which will preserve the Chief and Council system imposed by the ‘Indian Act’ only until such time as a Líl’wat Government by and for its people is fully restored.
  • Líl’wat expects Canada to enter into bilateral negotiations to determine the amount of reparations payable to Líl’wat for damages resulting from unlawful expropriations of territory and resources, environmental degradation on Líl’wat territories and damages inflicted on Líl’wat society and people.
  • In the interim, Líl’wat is classifying the accumulated value of federal funding to date for capital improvements on Líl’wat traditional territories as offsets to the reparation debt owed by Canada to Líl’wat. Funding for services which have contributed to the dislocation and degradation of Líl’wat society shall not be entered into this calculation.
  • Agreement between Canada and Líl’wat on a reparation amount shall represent the total amount that will be paid to Líl’wat in annual instalments, and shall be the source from which Líl’wat will cover all its future program costs.
  • And finally, concurrently with the discharge of Canada’s reparation debts to Líl’wat over time, Canada and Líl’wat will enter into negotiations for the admission of the Líl’wat Nation into confederation as a distinct society with a defined sphere of sovereignty entrenched in the Constitution, and Líl’wat territories permanently established and protected by boundaries.

This resolution was passed at a duly convened meeting of the Chief and Council on November 9, 1989.

A quorum of this Band is seven.

(Signed)

Chief Fraser Andrew

Councillors

Marie Leo

Vera Edmonds

Cecil M. Edmonds

Brian Lester

Katherine Wallace

Allan Stager

George Leo

Marvin Wells

Shirley Wallace

Joe Joseph

Felicity Nelson

Normaline Lester

MCIB BCR Nov 9 1989 - p 1MCIB BCR Nov 9 1989 - p 2

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