Fortune Field Information

• June 3, 2016
• • Member News

Background information on Fortune Field

1877 139 years ago, Canada allotted the ¾ acre graveyard as reserve land…

In August of 1877 Representatives of the Government of Canada and British Columbia met with the People of Splatsin to negotiate the establishment of our reserves. We identified the graveyard on the land that A. L. Fortune purchased from the province as a piece of land we wanted to be reserved for ourselves. The governments brokered an agreement with A.L. Fortune for the ¾ acre that made up the graveyard to be made into a reserve. The land was staked off in the presence of our headman of the time “the Chief spoke, and said that, as he had already told us, he wanted for his people the cultivated farms appertaining to Mr. Fortune and Mr. Lumby. We told him that this was out of the question, the land having many years ago been sold to the Whites, and being therefore not at our disposal…however, that within the lines comprising the Crown Grant of Mr. Fortune are the remains of an old and long neglected burial place with regard to this we told the Indians that we were sure there would be no difficulty.” (Excerpted from the 1877 Indian Reserve Commissioner Gilbert Malcolm Sproat’s notes). On September 3^rd, 1877 Canada allotted the land to Splatsin via a ‘minute of decision’. And, in 1881, the graveyard was surveyed.

1930 86 years ago the land was lost…

After the land was surveyed, it then took over 30 years for the Province of BC and Canada to agree on what lands would be provincial lands and what would be reserved as federal Indian reserves. When reserve lands were transferred over to the Government of Canada by Privy Council Order 208 in 1930, the Fortune Field graveyard was excluded.

1980s 30 years ago we took action to get it back…

We conducted historical research on land claims in the mid-70s and early 80s revealing the ¾ acre at Fortune Field was promised to us by Canada. We started to collect the evidence for a specific claims submission to Canada in the late 80s and submitted the claim by the mid-90s. After years of review by Canada, we were offered a cash settlement agreement for the land. The settlement agreement was brought to the community during a regular band meeting in 2009 for ratification. The members present at the band meeting voted against the settlement.

Today AANDC cash settlement for the lost land…

There was not full community engagement or an inclusive process in 2009 and therefore we do not feel we properly engaged our on and off-reserve Membership on the issue. Thus, we bring forwardIndigenous and Northern Affairs Canada Fortune Field Land Settlement Agreement of

$300,000 for ratification vote on July 16, 2016. The $300,000 compensation is for the value of the ¾ acre of land today and as a registered archaeological site. There is a survey enclosed in which you can indicate your preferences for the allocation of funds.

Fortune Specific Claims Questions and Answer

There has been some good discussion during the title and rights department presentations on Specific Claims. Below are the questions and answers from the information session.

Ray Cormier, Director, Title and Rights

1. What is Fiduciary Duty? A fiduciary duty is a legal duty to act solely in another party’s interests. Parties owing this duty are called fiduciaries. The individuals to whom they owe a duty are called principals. So in the case of Splatsin, the Federal government is the fiduciaries and Splatsin is considered the principals.
2. Can Oral history be used in a Specific Claim? Yes
3. What is the difference between Federal and Provincial with regards to Specific Claims? The federal government has the fiduciary duty (responsibility) when it comes to compensating bands for wrongful doings regarding specific claims.
4. Please Break down who “The Crown” “Federal Government and “The British”. And how they are related to Specific Claims? “The Crown” plays a key role in Canada’s parliamentary system of government. All executive authority is understood to derive from the Sovereign, who is Canada’s formal head of state. The state is embodied in the Sovereign; therefore every one of Canada’s Members of Parliament is required to swear allegiance to the Queen. This is also why the state, in Canada, is often referred to simply as “the Crown”. Canada is, however, a constitutional monarchy, founded on the rule of law and respect for rights and freedoms, and the Sovereign (the crown) actually retains very few powers and prerogatives.
5. We have oral history on Sicamous, Old Town Bay & Twin Anchors. How do we put this in to the Specific Claims? At this time, we do not know what we can do with our oral history in regards to Old Town Bay. However, we know that our oral history refers to the original reserve in Sicamous that is has been called Eagle Pass reserve. This reserve was located a mile or so south of Old Town Bay and is our historic fishing station.
6. In Section 91-24 Reserve Lands & Title & Rights Does this Fall under Provincial Government or Federal Government? Section 91-24 sets out the federal government’s exclusive role in managing the affairs of “Indian” on “Indian reserve” as defined in the Indian Act.
7. Are Title Claims different to newly claimed hunting and gathering sites that are used today? Yes and no. A title claim covers all of our interests. This area of law is still evolving. The Tsilhqot’in nation is the only first nation group that has had title declared by the courts. That court case took several decades and millions dollars. We are a part of the Secwepemc nation and our title has not been legally confirmed. If our title was confirmed, it may include hunting and gathering sites we use today.
8. What are some of the Specific Claims the band going to pursue and how far are you in the process? Here is a list of claims for Splatsin, this is not an comprehensive list is only based on information we have readily available:
   1. Fortune field-settlement. This claim has been submitted and an offer has been made from Canada
   2. Eagle Pass (Sicamous) reserve, we are working on the final pieces of the claim to be submitted
   3. Okanagan Shuswap Railway through Enderby Reserve #2 and Sicamous Reserve #3.
   4. Otter Lake Reserve
9. Do we have a CP Rail Claim? Potentially yes. This will need to be reviewed by our lawyers and the Specific claims tribunal.
10. What other claims have we made? Fortune field is our first claim
11. What is BCTC? BCTC stands for the BC Treaty Commission. The commission administers band/government negotiations regarding treaties. Our community and the majority of the Secwepemc nation communities are not in the treaty process.
12. Where do the Splatsin people sit when it comes to the Non Treaty Process? Splatsin is part of an aboriginal title case where we logged in 1999 in the Harper Lake area (a few kilometres south of Chase BC). This court case is called the “Jules” case and has never been trial. We (along with 4 other Secwepemc communities) have also entered into a Reconciliation Framework Agreement with the Province of BC. The agreement is only a framework with a 3 year lifespan (we are in year 2). The intent of the agreement is to work towards a government to government arrangement with the province.
13. Are “Specific Claims” Treaty? No
14. What does it look like financially for the loss of past use of our lands, not just the current year? What kind of benefits will be given to the band? You do not get compensated for past use in the specific claims process. Compensation is paid for the value of the land today.
15. Where do the claims stand when it comes to the nonexistent borders between Canada and the United States? This is another area of developing law and there is very little information in this regards.
16. Why Fortune field was never included in Indian Reserve #2? When IR#2 was surveyed and allocated, A. L. Fortune already had a homestead and he was farming the area known as “Fortune Field”. He had applied and successfully acquired a crown grant for the homestead and farm before IR#2 was created. However, the graveyard in Fortune’s field was negotiated to be a reserve for Splatsin. Unfortunately, when the reserves were legally established in 1930, Fortune field was not included on the list of reserves for Splatsin.
17. Are we (Splatsin Band) making specific claims first then continuing to title claims? That could be an option and may be recommended to the community.
18. Are we going to negotiate with the owner of the farm to have an archaeology assessment site on Fortune field? There has been some archaeological work conducted already. The areas surrounding and including Fortunes field is a registered archaeological site and is protected under the BC Heritage Conservation Act.
19. When a claim is denied? What is the next step? What if we have more information to add to previous claim? A band can go to court to have a judicial review conducted on the claim being denied. Regardless of the outcome of the claim, cash is the only settlement-no land.
20. What is the Specific Claims Tribunal? The Specific Claims Tribunal is similar to court where there hear bands make claims against the government regarding a specific claim
21. Can we have more information on other claims in Canada? Here is a link to the Specific Claims page: http://www.sct-trp.ca/curre/index_e.asp
22. Will our title and rights be gone to the Fortune Field if the band signs the Fortune Field Settlement Agreement? No, specific claims only have to do with reserves and the Indian Act. Title and rights are under the constitution of Canada. The band can sign the agreement and pursue a Title Claim. Title claims are normally pursued as a nation though, which means all 17 Secwepemc bands.
23. How do we get the Fortune Field land back? The only way get the land back is if the landowner is willing to sell it to us. In order for the band to make it a reserve, we would first have the land, and then make an application to Canada to make it a reserve.

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Summary of Key Points

Fortune’s Field Graveyard Specific Claim Settlement Agreement

Preamble
In 1997 Splatsin submitted a specific claim under Canada’s Specific Claim Policy.  Spaltsin claimed that in 1877 the Crown failed to create a reserve over ¾ acre of land which had been a graveyard and was now located in Mr. Fortune’s field.  That land had been promised as a reserve, but the Crown issued it in fee simple to Mr. Fortune instead.  The specific claim asked for compensation from Canada for its failure to create this reserve, as it had promised.
Following negotiation, the Crown and Splatsin have come to a proposed Settlement Agreement of this claim.

Definitions
“Claim” in this Settlement Agreement means Splatsin’s claim against Canada for compensation because Canada transferred the ¾ acre of lands to a farmer, instead of creating it as a reserve as had been promised to Splatsin before 1877.
The “Claim” is not in any way related to Splatsin’s Aboriginal rights or title, and does not relate to any other lands except the ¾ acre located now in the farmer’s field.

Article 2 Compensation
2.1 Canada will pay Splatsin $300,000.00 as final settlement of its failure to provide Splatsin the ¾ acre of reserve lands.
2.2 Payment will be made within 45 days once agreement is signed.

Article 3 Release
3.1.1 If Splatsin accepts the Settlement Agreement and the $300,000.00, Splatsin will give up its rights to sue Canada for:
3.1.2  everything related to the Claim (i.e. Canada’s failure to create the ¾ acre reserve), including all costs incurred by Splatsin, and anything relating to the management of the $300,000.00.

Article 4 Indemnity
4.1 Splatsin agrees to pay Canada for any losses suffered by Canada from any legal action brought by any Splatsin member relating to the Claim.
4.2 Canada will provide notice to Splatsin of any legal action brought by a member.

Article 6 Conditions Precedent to Execution by Canada
6.1 Before Canada will execute the Settlement Agreement, a number of things must happen, including:

• Splatsin must deliver a Band Council Resolution approving the agreement, and 
• Splatsin must sign the Agreement.

Article 9 Representations and Warranties

9.1 Splatsin says a number of statements are true and can be relied on by the Crown, including: 

• Splatsin intends and will use the $300,000 for the benefit of Splatsin as a collective, 
• Splatsin has received legal advice and its counsel has explained at the Information Meeting the legal nature of the agreement and its effect and implementation, and
• Canada did not provide advice about the placement or management of the $300,000.

Article 13 General Provisions
13.1 The Settlement Agreement is binding on Canada, any of its Ministers, officials, servants, employees, agents, successors and assigns and on Splatsin, any of their respective heirs, descendants, legal representatives, successors and assigns.
13.2 The Settlement Agreement is entered into by Canada and the First Nation without any admission of fact or wrongdoing with respect to the Claim.