C2-1 David M. Aaron Barrister & Solicitor August 12, 2010 B.C. Utilities Commission Box 250, 900 Howe Street Sixth Floor Vancouver, B.C. V6Z 2N3 BY EMAIL Attention: Ms. Erica Hamilton, Commission Secretary Dear Sirs / Mesdames: Re: British Columbia Hydro and Power Authority Hugh Keenleyside Spillway Gates Project Application I am legal counsel for the Sinixt Nation, otherwise known as the Arrow Lakes or Lakes Indians ( the Sinixt ). My client is one of the aboriginal groups that have been consulted by BC Hydro in relation to the above-referenced project ( the Proposed Project ). This is an application on behalf of the Sinixt to intervene in the B.C. Utilities Commission process with respect to the adjudication of BC Hydro s application for regulatory approval of the expenditure associated with the Proposed Project. In support of this application for intervenor status, we say that there is an outstanding issue as to whether BC Hydro has met its obligations to consult the Sinixt with respect to the impacts of the Proposed Project on asserted rights and/or title. The Hugh Keenleyside Spillway Gate Project falls within the heart of Sinixt traditional territory. That territory is the subject of the Sinixt s pending aboriginal title claim filed July 28, 2008, a copy of which I enclose for your reference. All of which is respectfully submitted. Sincerely, DAVID M. AARON cc: B.C. Hydro per Keith Vorland (by email) א Box 479, Nelson, British Columbia, Canada V1L-5R3 Tel: 250.551.6840 Fax: 866.685.7376 david@legalmind.ca
SUPREME COURT Of BRITISH COLUMBIA.l1Jl28 '08 NELSON REGlSTRY ~veecn: In the Supreme Court of British Columbia 11'3~r No Nelson Registry ~_"'"T:m~ROBERTCAMPBELL, MARILYN JAMES, LOLA JON CAMPBELL, '- ALEXIS and GARRETT CAMPBELL, DIRECTORS OF THE SINIXT NATION SOCIETY, representative body.fthe SINIXT NATION, ON THEIR OWN BEHALF AND ON BEHALF OF THE SINIXT NAnON Plaintiffs and: HER MAJESTY TIlE QUEEN in RIGHT OF THE PROVINCE OF BRITISH COLUMBIA and TIlE ATTORNEY GENERAL OF CANADA Defendants The Plaintiffs: WRIT OF SUMMONS VANCE ROBERT CAMPBELL, MARlLYN JAMES, LOLA JON CAMPBELL, TARESS ALEXIS and GARRETT CAMPBELL, DIRECTORS OF THE SIN!XT NATION SOCIETY, representative body of the SJN1XT NATION, ON THEIR OWN BEHALF AND ON BEHALF OF THE SINIXT NATION c/o David M. Aaron Barrister & Solicitor 208 507 Baker Street Nelson, BC V IL 412 Tel: 250.551.6840 Fax: 866.685.7376 The Defendants: HER MAJESTY THE QUEEN IN RlGHT OF BRITISH COLUMBIA clo Ministry ofthe Attorney General Parliament Buildings Victoria, B.C. V8V IX4 THE ATTORNEY GENERAL OF CANADA Department ofjustice 28th Floor - 650 West Georgia Street Vancouver, B.C. V6B 4N8
ELtZABE11i TIlE SECOND, by the Grace of God, of the United Kingdom, Canada aoo Her other Realms and Territories, Queen, Head ofthc Commonwealth, Defender of the Faith. To the dejcndams: TAKE NOTICE that this action has been commenced againsl you by the plaintiffs for the ctaim(s) set out in this writ. IF YOU INTEND TO DEFEND this action, or ifyou have a set offorcounterclaim that you wish to have taken into llccount at the trial, YOU MUST (a) GIVE NOTICE ofyour intention by filing a form entitled "Appearance" in the above registry ofmis court, at the address shown below, within the Time for Appearance provided for below and YOU MUST ALSO DELIVER a copy octhe Appearance to rlle plaintiff's address for delivery, which is set out in this "'Tit, and (b) ifa statement ofclwm is provided with this writ ofsummons or;s later served OIl or delivered to you, FILE a Statement ofdefence in the above registry ofthis court within the Time for Defence provided for below and DELIVER a copy oftile Stat.crncnt of Defence to the plaintiff's address for delivery. YOU OR YOUR SOLICITOR may file the Appelll'8rtCe and the Statementof Defence. You may obtain a form ofappearance at the registry. JUDGMENT MAY BE TAKEN AGAfNST YOU IF (a) YOU FAlL to file the Appearance within the Time for Appearance provided for below, or (b) you FAIL to file the StatementofDefence within the Time for Defence provided for below. 11 The address ofthe rel'!istrv is: 320 Ward Street.,. NelsOfl, Be, VIL 1S6 2) The plaintiff's ADDRESS for DELIVERY is 208-507 Baker Street Nelson. Be VIL4J2, Tel: 250.551.6840, Fax: 866.685.7376 3 The name and office address ofthe laintiff's solicitor is David M. Aaron.
EndonemeDt: 1. The Plaintiffs are Director.; ofthe Sinixt Nation Society and bring this action on their own behalf and on behalfofall members ofthe Sinixt Nation. 2. The Sioixt are an indigenous group of people who have historically identified and continue to identify themselves as sngaytslrstx, or Sinixt ("the Sinixt" or "the Sinixt Nation"). 3. The Sinixt Nation are an aboriginal people within the meaning of s. 35(1) of the Constitution Act, 1982. 4. In Canada and in the United States of America, the Sinixt are also known as the Lakes Tribe, Arrow Lakes Indians and/or Arrow Lake(s) Band, because their territory was centered on the waterways ofthe Arrow Lakes region ofbritish Columbia. 5. The Sinhet Nation Society is a society incorporated under the laws of British Colwnbia, through which the activities ofthe Sinixt Nation in Canada arc carried on in Canada. 6. The membership of the Sinixt Nation Society includes 75 blood members of the Sinixt Nation (""the Members"). 7. The Defendants are the successors to the British Crown. 8. Prior to and at the time ofthe assertion ofcrown sovereignty, the Plaintiffs' ancestors were members ofan organized society with their own language, culture and laws and occupied exclusively or shared exclusively the lands, including lands coveted by water, comprising the area shown on the map attached as Schedule"A" to this Writ of Summons ("the Territory"). 9. The Territory, as surveyed and mapped repeatedly. is from the peak ofthe Monashee Mountains in the west to the peak of the Purcell and Selkirk Mountains in the east; and from a. northern point in the vicinit)' of Revelstoke. B.C., to Kettle Falls in the high desert plateau south ofche 49th parallel. 10. Eighty percent (80%) of th~ Territory lies north of the 49th parallel, in what is now modem-day Canada (..the Northe:m Territory]. II. The Northern Territory is unceded. 12. The Plaintiffs have continued to ocropy, and to maintain a substantia.! connection to the Northern Territory. The Plaintiffs have existing A~riginal title to the Northern Territory. 1 I
13. The Defendants have unlawfully alienated lands and authorized activities in the Northern Territory by issuing licences, leases, permits, and other tenures ("the Actions"). Through and as a result of the Actions, the Defendants have acted unlawfully and in breach of trust and fiduciary duty owed to the Plaintiffs, have unjustifiably infringed the Plaintiffs' AboriginaJ title to the Territory. have trespassed and conunitted nuisance and wrongfully received revenues, taxes, fees, royalties and other benefits (~the Benefits"), thereby causing the Plaintiffs to suffer loss and damages. This loss and damage includes cultural loss, loss of use, of revenue and economic benefit and opportunity from the Northern Territory's lands and resources and environmental damage. 14. The Plaintiffs seek the following relief: a) A Declaration that the Plaintiffs have Aboriginnl title to the Northern Territory which is an existing Aboriginal right within the meaning of section 35 of the Constitution Act, 1982; b) A Declaration that the Plaintiffs' Aboriginal title constitutes a burden on Crown title within the meaning ofsection 109 oftile C01ulilul;on ACI. 1867; c) An Order for damages and compensation; d) A Declaration that the Defendants hold the Benefits received by them and/or their servants or agents in respect of the Territory, its lands and resources, as a trustee for the Plaintiffs. an order for an accounting and that the defendants disgorge to th Plaintiffs the Benefits received since Confederation; e) A Declaration that the Defendants owe to the Plaintiffs a duty of consultation and accommodation oflhe Plaintiffs' Aboriginallitle; t) Interlocutory and permanent relief to prevent further or new interference with the Plaintiffs' Aboriginal title to the Northern Territory; g) ~judgement and post-judgement interest according to the Court Order Interesl Act. and its predecessor legislation; h) Costs; i) Such further and other relief as this Honourable Court may deem just. Dated: July 28, 2008 David M. Aaron Solicitor for the Plaintiffs
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