Secwepemc Land Grab Of Kamloops: Going On For A Decade

Another case in British Columbia has come to light involving property rights, this time in Kamloops.

The Secwepemc Nation filed a lawsuit in September 2015, claiming to be the actual landowners. If granted, it would not only effectively give them control of the city itself, but much of the surrounding area. This would impact over 100,000 people. Stunningly, this only became public a day ago.

For context, consider this:

John Rustad took the position of Minister of Aboriginal Relations and Reconciliation back in June 2013. For whatever reason, he decided to remain silent on legal challenges that would erase the property rights of residents of British Columbia. He is now in charge of the “Official Opposition” in the Province. From Wikipedia:

He retained his seat in the 2013 election and was appointed Minister of Aboriginal Relations and Reconciliation by Premier Christy Clark. He kept his cabinet post following his re-election in 2017, and added the role of Minister of Forests, Lands and Natural Resource Operations to his duties after Steve Thomson’s election as Speaker of the Legislative Assembly. Rustad continued in both ministerial roles until that July, when the Liberal minority government was defeated in a non-confidence motion.

Rustad was the Minister in charge the entire time, but chose not to inform the public. While in Opposition, he still doesn’t announce this news. Nor does the NDP. Presumably, he would have remained silent even as the case proceeded to Trial.

Peter Milobar, an MLA in Rustad’s Caucus, was Mayor of Kamloops from 2008 until 2017. He then got into Provincial politics. One would assume that he was aware of the suit.

Elenore Sturko: MLA Willing To Stand Up For Truth

Elenore Sturko, MLA for Surrey-Cloverdale, broke this story. She’s calling for full disclosure on all such claims being advanced in B.C. Courts. Of course, this raises all kinds of questions.

For starters, how and when did she find out?

What Do They Actually Want?

1. A declaration that the Secwepemc Nation holds aboriginal title to all or part of the Stk’emlupsemc te Secwepemc Territory, which is part of Secwepemc Traditional Territory.

2. A declaration that the Secwepemc Nation holds aboriginal title to all or part of the land subject to the Authorizations in the Kamloops region of British Columbia, which is in Secwepemc Traditional Territory;

3. A declaration that the Secwepemc people hold aboriginal rights in all or part of the Stk’emlupsemc te Secwepemc Territory, and in all or part of the land subject to the Authorizations, both of which are part of Secwepemc Traditional Territory, which rightsinclude some or all of the following:
(a) the right to hunt and trap;
(b) the right to fish;
(c) the right to harvest timber;
(d) the right to harvest bark;
(e) the right to harvest berries;
(f) the right to harvest and cultivate plants for food and traditional medicine;
(g) the right to carry on traditional customs and spiritual activities in the historical
location where those activities were and are traditionally carried on;
(h) the right to mine and trade in copper, gold, and other mineral resources;
(i) the right to a Secwepemc economy; and
(j) the right to sustainable watersheds, airshed, and a healthy ecosystem.

4. A declaration that the Authorizations unjustifiably infringe the aboriginal title and/or the aboriginal rights of the Secwepemc Nation;

5. A declaration that continued mining pursuant to the Authorizations would unjustifiably infringe the aboriginal rights and/or aboriginal title of the Secwepemc Nation;

6. A declaration that the Mines Act does not apply to the Secwepemc aboriginal title land;

7. A declaration that the provisions of the Mines Act that cumulatively prohibit the Secwepemc Nation from mining in copper and gold, are unjustifiable infringements of the Secwepemc Nation’s boriginal rights and/or title and are of no force and effect pursuant to s. 52 of the Constitution Act, 1982;

8. A declaration that the infringements of aboriginal title authorized by British Columbia unlawfully intrude upon Parliament’s exclusive right to legislate in respect of Indians and Lands reserved for the Indians and therefore such authorization and legislation is of no force and effect;

9. Damages for the past and continued infringement of the Secwepemc Nation’s aboriginal rights and/or title;

10. An accounting by British Columbia and/or Canada of all monies received in the form of Crown grants, mineral taxes, property tax, sales tax, corporate income tax, retail sales tax, and lease or other revenues arising out of, or with respect to, the mining of minerals pursuant to the Authorizations;

11. An interim and permanent injunction enjoining any drilling, mining, timber harvesting or road building, or any other activity pursuant to the Authorizations;

12. Interest and costs; and

13. Such further and other relief as this Honourable Court sees fit, including the declarations sought above in respect of such lesser tracts of land as the Court may determine are subject to aboriginal rights or title.

This is from page 25 in the most recent Notice of Civil Claim. There is speculation that this is really a “power play” to prevent mining and development in the area. Of course, if granted, it would effectively hand over the entire city of Kamloops.

Court Case Making Relatively Little Progress

The case has not yet gone to Trial. The Claim has been amended 3 separate times, with the most recent version being in March 2025.

Like with the Cowichan case, it appears that there was no attempt whatsoever to notify property owners (or residents in general) that a verdict could have profound consequences. Rustad was also the Minister when that one was filed in 2014.

The Cowichan case is more nefarious though. Although the case involved Richmond property owners, it was filed in Victoria, presumably to help conceal from the public. The case was also scrubbed from BCCSO entirely, and there are publication bans on certain documents.

Expect a follow-up as things progress.

Sturko MLA Letter Kamloops Action

COURT DOCUMENTS:
(1) Secwepemc Doc 001 Notice Of Civil Claim
(2) Secwepemc Doc 002 Requisition
(3) Secwepemc Doc 003 Requisition
(4) Secwepemc Doc 004 Response To Civil Claim
(5) Secwepemc Doc 005 Response To Civil Claim
(6) Secwepemc Doc 006 Response To Civil Claim
(7) Secwepemc Doc 007 Amended Notice Of Civil Claim
(8) Secwepemc Doc 008 Reply
(9) Secwepemc Doc 009 Reply
(10) Secwepemc Doc 010 Reply
(11) Secwepemc Doc 011 Response To Civil Claim
(12) Secwepemc Doc 013 Consent Order
(13) Secwepemc Doc 015 Requisition
(14) Secwepemc Doc 023 Notice Of Application
(15) Secwepemc Doc 024 Requisition
(16) Secwepemc Doc 025 Requisition And General Adjournment
(17) Secwepemc Doc 028 Requisition
(18) Secwepemc Doc 030 Notice Of Application
(19) Secwepemc Doc 035 Application Response
(20) Secwepemc Doc 038 Application Response
(21) Secwepemc Doc 041 Application Response
(22) Secwepemc Doc 051 Requisition
(23) Secwepemc Doc 058 Consent Order
(24) Secwepemc Doc 060 Consent Order
(25) Secwepemc Doc 062 Consent Order
(26) Secwepemc Doc 066 Consent Order
(27) Secwepemc Doc 067 Further Amended Notice Of Civil Claim
(28) Secwepemc Doc 069 Consent Order
(29) Secwepemc Doc 073 Requisition
(30) Secwepemc Doc 075 Consent Order
(31) Secwepemc Doc 076 Requisition
(32) Secwepemc Doc 080 Requisition
(33) Secwepemc Doc 086 Requisition
(34) Secwepemc Doc 092 Case Plan Order
(35) Secwepemc Doc 095 Consent Order Further Statement Of Claim
(36) Secwepemc Doc 096 Third Amended Notice Of Civil Claim
(37) Secwepemc Doc 103 Method Of Attendance