Documentation:Open Case Studies/FRST522/2021/Sun Peaks Resort in Skwelkwek'welt: A Case Study of Ski Resort Development on First Nations Land in British Columbia

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Summary

Sun Peaks Resort (2016) in Sun Peaks, British Columbia, Canada showing clearcutting of forest area for skiable terrain post Master Development Plan of Sun Peaks Resort Corporation.

Sun Peaks Resort was built on the ancestral and unceded territory of the Secwépemc Peoples, traditionally known as Skwelkwek’welt in the interior region of British Columbia, Canada[1]. In 1992, Japanese resort developer Nippon Cable Co., Ltd., alongside private investors, constituted a mountain resort association entitled Sun Peaks Resort Corporation (SPRC). In 1993, the corporation was granted a 50 year-lease on 4,139 hectares of Crown Land from the Province of British Columbia for tourist development[2]. The economic value of the forest in this case is not of timber, but that of the tourism industry. Sun Peaks' development resulted in the clear cutting on three Secwepémc sacred mountains to use as skiable terrain. Since 1992, the Master Plan development has totaled $630 million dollars in investment[1] during which time, the three First Nation bands in closest proximity, Sexqeltqín (Adams Lake), Sk’atsin (Neskonlith) and Qw7ewt (Little Shuswap)[3], were not adequately consulted about the use of the forests for this purpose and did not give free, prior and informed consent (FPIC)[4].

Throughout the early 2000s, the Secwépemc community experienced major civil unrest by which the Skwelkwek'welt Protection Centre road blockades and protest camps were met with extreme Royal Canadian Mounted Police (RCMP) repression.[5] The industrial development has resulted in thousands of years of history of Indigenous Peoples knowledge, teaching and traditions being completely changed for future generations[3] by chairlifts, hotels, condos and clearcut forests for skiable terrain that is used primarily by non-Indigenous people.[6] Sun Peaks, BC is now an incorporated municipality with an elected mayor, a school and year-round permanent residents[1]. It is directly adjacent to the Neskolith and Adams Lake federally implemented Indian Reserves.[7]

Skwelkwek'welt Traditional Territory

Skwelkwelk’welt (Skwel – kwek- welt) is a place name that means “high alpine mountains” in the Secwepemctsín language of the Secwépemc Peoples[8]. The traditional and unceded territory of the Secwépemc Nation covers an area of 180,000 km² in the interior of the province of British Columbia (BC), Canada[8]. This region spans from the Columbia River Valley on the east side of the Rocky Mountains westwards to the Fraser River. To the north, it meets the Fraser River again and hits the Arrow Lakes to the south[2].  Also known as the Shuswap Nation in English, the Secwépemc Nation is comprised of the following 13 bands, who are represented today by the Shuswap Nation Tribal Council and the Northern Shuswap Tribal Council

Adams Lake Indian Band, Bonaparte Indian Band, Neskonlith Indian Band, Shuswap Indian Band, Simpcw First Nation, Skeetchestn Indian Band, Splatsín First Nation and Tk'emlúps Indian Band[9], Canim Lake Band, Soda Creek/Deep Creek Band, Williams Lake First Nation and Canoe Creek/Dog Creek Indian Band[10].

Summertime view of the European-style village at the base of Mt. Tod that is Sun Peak Resort Municipality. Sun Peaks, BC was incorporated as a municipality in 2010.

Prior to British colonization, the Secwépemc were a semi-nomadic people who relied on nature for their livelihood to hunt, gather and fish. This sensitive alpine mountain ecosystem was home to a wide range of biodiversity including deer, moose, cariboo, bears, beavers, elk and salmon, which were traditionally hunted for nutrient rich food[11]. Wild harvests in this landscape also included 135 plant food species, such as roots, teas, berries, mushrooms and lichen, of which the avalanche lily and wild potato were of particular cultural importance to the Secwépemc Peoples[8]. Traditional medicinal uses also included soapberry, blueberry, Saskatoon and huckleberry[3]. The forest region of this area is extremely diverse, as its Alpine Tundra zones are very cold and receive an exceptional amount of snow in the winter (approx. 6m/year[12]) whereas the Bunchgrass zones in the summertime are some of the driest and hottest in Canada[13] (over 2,000 hours of sunshine/year).[12]

Settler-Named Geographies

Skwelkwek’welt now encompasses the settler-named mountains and bodies of water referred to by the Province of BC as Mt. Tod, Mt. Cahility, Mt. Morissey, Mt. Lolo and Morrisey, McGillivary, Cahility and Eileen Lakes[3], which are situated within the McGillivray Creek Valley[1]. Tod Mountain is the highest peak in the region reaching 2,152 metres[4] and is located at the western edge of the Shuswap Highlands, directly west of the Monashee Mountains. Mount Tod was named after John Tod, the chief fur trader for the Hudson’s Bay Company, who is known to have distributed smallpox infected blankets to Secwépemc peoples, contributing to the population being reduced by 70% by the epidemic from 1850 to 1903[4].

Development Timeline[14]

1961: Early construction and first opening of Tod Mountain Ski Resort by Tod Mountain Ski Resort Ltd.

1979: Tod Mountain Recreation Ltd. announced a $10 million project to build a golf course and a new chairlift which was implemented in 1980 and renamed Tod Mountain Developments Ltd.

1989: Tod Mountain Developments Ltd. went up for sale.

Sun Peaks condominium development and view of Alpine ski runs in Swelkwek'Welt traditional territory (2008).

1992: Japanese company, Nippon Cable Co, Ltd. partnered with Ecosign Co. to purchase Tod Mountain Ski Resort.

1993: Additional $12 million was invested for resort development through new Master Development Agreement between Nippon Cable and the Province of British Columbia on Secwépemc unceded territory[15].

1995: The Province of British Columbia passed the Mountain Resort Associations Act enabling private corporations to form Mountain Resort Associations.

1997: Protocol Agreement is signed between six Secwépemc Band Councils and Sun Peaks management — Neskonlith and Adams Lake Bands closest to the resort pulled out in 2000 because of the development's destructive effects on the environment.[2]

2000: Announcement of $70 million dollars in investments of the Delta Sun Peaks Resort Hotel and Conference Centre, including a new $40 million 226 room hotel.

2000: The Skwelkwek'welt Protection Centre is established to oppose development on land that is part of the1862 Douglas Reserve.[11]

2004: RCMP raided a Skwelkwek'welt Protection Centre placing arrests of Indigenous Peoples.[5]

2003: Devastating BC wildfires contributed to the resort losing CAN $80,000/day[16] for lack of tourism but there was no damage to the recreational boundary area.

2005: Total $285 million government approved expansion in connection with the 2010 Winter Vancouver Olympics, further damaging forests.[17]

2007: Canada joins The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).[18]

2007: Secwépemc activists and non-Indigenous supporters hold conferences to exercise Aboriginal title land rights in resistance of the 2010 Winter Olympics.[11]

2010: Sun Peaks granted Mountain Resort Municipality Status by the Province of British Columbia. Olympics attract industrial-scale tourism to Sun Peaks forcing Indigenous Peoples off their land[19].

Land Tenure

Treaty Negotiations

In rapid succession between the years 1871 and 1921, Western Canada signed post-Confederation Numbered Treaties 1 to 11, between First Nations peoples and the Crown (Canada)[20]. These treaties sought to provide ideological frameworks for relationships of coexistence between settlers and the Indigenous Peoples who had, for thousands of years, been stewards to the land. In comparison to the rest of Canada, British Columbia is unique in this history because for most of the province’s land, First Nations never ceded, nor legally signed away their land to the Crown or to Canada[21]. However, in the northeastern part of the province, Treaty 8 is still relevant. It was the first of the Northern Treaties to be signed post Klondike gold rush in 1899 and covers the most extensive geographical region of all treaties signed within Canadian territory[21].

Secwépemc traditional territory is not part of any Numbered Treaty making it, to this day, unceded land[20]. Furthermore, in 1862, BC’s colonial governor and Chief Factor of Hudson’s Bay Company, James Douglas, set up the Neskonlith Douglas Reserve. According to Section 91 (24) of the Canadian Constitution, the federal government has exclusive authority over “Indians and Lands reserved for Indians", which was violated by the Province of BC's tenure arrangement with Nippon Cable.[22]

Acquisition of Land

Sun Peaks Trail Network through unceeded Secwepémc territory (2007).

In April of 1992, Tokyo-based Nippon Cable Co., Ltd., owned by Masayoshi Ohkubo, purchased the small Mount Tod ski centre that had been a small facility on Mount Tod since the early 1960s[1]. With the intention of creating a year-round international ski resort destination, it established Sun Peaks Resort Corporation (SPRC)[2] and changed the name of the ski area from Mountain Tod Ski Resort to Sun Peaks Resort. On April 13th 1993, SPRC entered into a Master Plan Development Agreement with the Province of British Columbia, contracting a 50-year lease from the British Columbia Assets and Lands Corporation on 4,139 hectares of Crown Land for development[2]. This included all forest and bodies of water that were sacred for centuries for the Secwépemc Peoples, who’s title claims to the land had not been addressed by the federal or provincial governments at this time.[23]

In 1995, the Mountain Resort Association Act was passed by the province of BC’s NDP government, which gave SPRC the right to found a mountain resort association with investment partners and become a municipality with a built-in taxation system[2]. Companies included in the consortium were Delta Hotel Corporation, ReMax, Ecosign Ltd., amongst some other non-Indigenous local partners[2]. The ski area and base area lands situated on Crown Land become covered by a Controlled Recreation Area land tenure[24], giving it authority to conduct development activities and manage public access within its boundary. In June 2010, the Provincial government incorporated the Sun Peaks Mountain Resort Municipality, which further gave it the responsibility of land use planning from the Thompson-Nicola Regional District of BC.[1]

Consultation with First Nations

According to the legal consultation by the First Nations bands[25], such a project required prior consultation to these Aboriginal titled land but no meaningful consultation had taken place. Obtaining a court injunction to halt the development was deemed too difficult financially and logistically by the First Nations bands because a judge would likely be reluctant to lay off hundreds of jobs and millions of dollars in delays during the time a legal battle would take[25]. Nor the provincial, nor federal government upheld its fiduciary responsibility of court to recognize environmental and cultural resistance of the First Nations community until the land dispute was resolved—development proceeded and access to the forest became evermore limited to the Secwépemc Peoples.[17]

Master Development Plan

Until 1992, Tod Mountain Resort was a day-time ski hill with a small facility and few runs to make any serious environmental impacts to the ecology of the surrounding forest[7]. Ecosign Mountain Resort Planners, Ltd was contracted to develop a Master Plan totaling $630 million dollars[1] through its Master Plan Agreement. This included the construction of large day lodges, new chairlifts, a multi-phase snow making system, ski and bike trail networks, tubbing facilities, Cat tracks and skating rinks[1]. In 1997, new areas were clearcut in preparation for the Morrisey Express lift which was installed in 2002 to significantly increase capacity on the mountains to over 8,000 people per day[7].

In 2021, activities in the forest include downhill/cross country skiing, snowboarding, golfing, snowmobiling, heli-skiing, ATV tours, dog sled runs, international sporting events, music festivals, mountain biking, hiking and sport fishing. The area now has 4,270 acres of skiable terrain,13 chairlifts,138 trails with 19 gladed areas and over 34km of groomed Nordic trails.[12]

Ecological Impacts

Skiers can now access 138 Alpine ski runs through the forest changing the ecology of the mountain ecosystem (2011).

The development of Sun Peaks Resort was never intended for ecotourism or for environmentally sustainable travel to unite conservation and communities, but rather, as stated by Canadian author and activist Naomi Klein, “industrial scale vacation factories”.[19] The scale and expediency of which the development of the resort occurred made it such that tourism was as disruptive as mining or logging in what used to be a very small rural community.[19]  

The clearcutting that occurred on Mt. Tod, Mt. Cahilty and Mt. Morrissey reduced the forest cover and fragmented the forest floor, destabilizing the natural cycle of water through the ecosystem. The pure water supply was depleted to create a 145 million litre snowmaking water reservoir to generate chemically made artificial snow for skiers[26] The civilly engineered septic systems of 7 on-mountain hotels also contaminated the creeks and streams with harmful detergents[26], which were further impacted by the development of commercial and residential real estate. Construction on the mountain depleted vital snow packs and changed the composition of topsoil, changing the animal and flora habitats.[23]  The lack of trees created by the18 hole golf course and groomed ski runs, combined with the noise pollution of increased transportation by buses, cars, snowmobiles and helicopters contributed to the out-migration of animals living in the area, including deer, moose, bears, beavers, lynx, bobcats, cougars and wolverines.[11]

In 1997, the mountain pine beetle epidemic was first identified at Sun Peaks Resort, which largely effected its 80-90 year old Lodgepole Pine stands.[24] The changes in climate combined with decades of provincial forest fire suppression policies heightened the risks of wildfires for the Sun Peaks community starting in 2003. The Western Balsam Beetle also infested the Sub Alpine Fir and in 2006, mature Spruce was beetle affected as well. Mitigation of these challenges was carried out by selectively logging trees that retained some economic value, which was sold by the corporation to pay for the intensive forest management practices.[24]

Social Impacts

The development of Sun Peaks damaged traditional gathering, hunting and fishing through which ecosystems are being depleted for future generations. It has also limited access to sacred sites for youth to learn traditional ways[23]. In order to begin new development, SPRC bulldozed a large road through unceded Secwépemc land without consent.[11] Within the past three decades, there has been clear top down approaches of non-Indigenous to Indigenous communities which have been compared to the “Yellowstone” model of displacing people for settler gain for territory.[27] Starting in 2001, sweat lodges, cedar bark homes, hunting cabins and a cordwood house were bulldozed and burnt down by the resort or persons unknown for resort expansion.[28] The sites were also where young people from the Secwepemctsín language immersion school went to learn traditional ways, making it a link between elders and youth[29]. The mental, physical and spiritual aspects of the language is vital for oral traditions to be passed down generationally— a language that is deeply linked to land and the natural world. The connectedness to language is still an essential component in connecting the land and the people, as well as understanding times of harvest for certain foods and medicines from the forest.[30]

Civil Unrest and Activism

Arthur Manuel, former Chairman of the Shuswap Nation Tribal Council and Former Chief of the Neskonlith Indian Band is famous for his human rights and environmental activism against the industrial development of Sun Peaks Resort.

Starting in August of 2000, Elder Irene Billy of the Neskonlith Indian Band was a prominent leader in the beginning of protests by the First Nations communities. As for many members, the Master Plan was personal because the development site was on her family’s trapline. She vocalized publicly how Mt. Morrisey was a spiritual gathering place and hunting ground for the Neskonlith Band[28]. Non-violent protests started with the movement of occupation by the Skwelkwek'welt Protection Center at the entrance of Sun Peaks Resort to inform the public, monitor impacts to the environment and assert title to unceded land.[28] Five Skwelkwek’welt Protection Centers were set up for protests where there used to be traditional homes and sweat lodges that were later destroyed[28]. In 2001, at 83 years old, Elder Irene Billy was arrested by the RCMP for occupying the land of her family trapline[5]. By September 2004 there had been 6 major conflicts and 54 defenders were arrested convicted of “public mischief and intimidation”[17].

The fake snow that was made by recycled sewage water from the reserve community was also the foundation of the Secwepemc Native Youth Movement’s campaign entitled “Hell No to Yellow Snow”[11]. ​​The Native Youth Movement (also known as the West Coast Warrior Society) led demonstrations at the resort, recognized by the camouflage wearing young people of the Nations which showed the concern of various ages.[6]

Arthur Manuel, former Chairman of the Shuswap Nation Tribal Council and Former Chief of the Neskonlith Indian Band, is famous for his activism against the development of Sun Peaks Resort, namely expressed in Chapter 11 of his book Unsettling Canada entitled “SunPeaks to Geneva”.[7] During this resistance in 2003, he was praised at a World Trade Organization meeting as spokesperson for the Indigenous Network on Economies and Trade (INET), where discussions were being held about softwood lumber issues. He used his time to talk about the greater environmental problems being practiced by multinational companies in forests around the world and Indigenous Peoples rights to refuse— using Sun Peaks as an example[31]. He also played a lead role in writing letters to government officials and news outlets to bring awareness to the land issue, using titles such as; "Sun Peaks: Indian Land For Sale".[32]

Canada’s Role in UNDRIP

Local actions to protect unceded land in the early 2000s collectively emphasized the need for Indigenous peoples in Canada to form alliances at the international level and vocalize their rights on a larger stage. In 2002, there was anglo-colonizer reluctance by Canada, along with the United States, Australia and New Zealand, to sign the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), specifically because it was relevant to prevalent ongoing political land disputes.[18] Canada was the only country in the world to vote against UNDRIP not once, but twice— in the UN Human Rights Council in 2002 and, again, in the 2007 UNDRIP draft, where efforts were made to weaken the Declaration one section at a time[33]. In the 2007 historical breakthrough, the UN General Assembly passed UNDRIP by a large majority of 144 to 4[34], which for Canada, became documented proof of historical injustices. It blatantly proved that Canada was in violation of the main provisions regarding Indigenous land rights, Indigenous self-determination and the requirements for governments to acquire Indigenous Peoples' FPIC before major developments on their land [33]. Since 2015, legislation to advance federal implementation of the Declaration has occurred in Canada, which has included some new policy changes within BC’s forestry sector, such as the incorporation of Reconciliation as a priority in the June 2021 release of "Modernizing B.C.'s forest sector" paper.[35] 

Economic Impacts

International ski competitions attract worldwide tourists and investment to Sun Peaks Resort's revenue. Velocity Challenge, 2008.

The first semi-private conversations regarding profit of the resort between elected First Nations Chiefs and Band Councils and Sun Peaks management were through a 1997 Protocol Agreement[2]. Notably, the former group suggests a part of the colonial system of governance set up by the Canadian government through the Indian Act, which only gives elected individuals political power on a federal reserve[32]. The discussions included the possibility of the Nations being able to supply gravel for the construction post logging which would have been a very lucrative contract[7] but within the parameters of the protocol set by the resort, First Nations were deprived of a preferential bid. Instead, surrounding First Nations were only offered to use the space on the resort for arts and craft stores once the resort was built, which was not guaranteed anywhere near the same kind of business.[7] There was however a successful joint project with the Little Shuswap Indian Band and Whispering Pines Indian Band for the construction of a commercial space in 2001.[14]

In 2008, once most of the Master Plan had been implemented, overall tourism revenue in BC was estimated to be $13.3 billion; BC's Mountain Resorts represented approximately 8% of the total tourism revenues at $1.1 billion[36], with Sun Peaks being named one of the "Top 20 Ski Resorts in North America" in 2009 by British ski experts [37]. With provincial government support, what was once a small ski hill became a city of incredibly valuable real estate. The skiing, golf course, shops, bars, restaurants, condos and residential subdivisions were promoted by the BC government to incentivize wealthy urbanites from the United States, lower mainland BC and Australia for seasonal homes[4] based on the success of the Whistler model. During this time, the resort corporation had failed to provide any remuneration for the forest resources on the land in which the First Nations had had a long standing interest.[38]

Further Insights

Industrial tourism has impacted the Secwépemc People's ability to access land and traditional hunting grounds to hunt food such as deer, resulting in increased issues of food security.

Social Forestry

The underlying problem in finding common ground for government and First Nations is the inherent fact that forests are a social construct and that their role in society is changing, particularly given the stresses of globalization and climate change. Timber value is still the guiding notion that defines forestry in BC, as it has for the past century, and there is still no pluralistic definition of a land tenure system to reflect tenures for concervation[39]. This notion is complicated by case studies, such as this one, that focus on tourism as being a lucrative business for forest management through a “Controlled Recreation Area” tenure.

There are very real ontological and epistemological divides of forests and societies in BC that are only beginning to be discussed at the legislative level, albeit intention publications such as “Modernizing B.C.’s Forest Sector” show that they are now being discussed [39]. Social forestry, as defined by Moeliono et al., is a situation that “intimately”[40]includes local people and communities for both management and forest resources. Objectives to improve elements of social forestry are possible and there may have been answers to the issues that occurred during Sun Peak’s development. These objectives may have included alleviating poverty for the Secwépemc Peoples dependent on the forest by creating space to be employed by the tourism industry (while respecting livelihood choices). Other objectives to reach may have included enabling specific access to certain areas of the forest for the local peoples benefit, such as hunting and fishing for food security, and stewardship consultation to overall improve the conditions of the effects of development within the forest landscape.

Reconciling Conservation and Development

The changes of the landscape during the development of Sun Peaks resort that drove the ecological, social and economic conflicts were increasingly complicated by the expediency of the short-term project. In changing the forest landscape of the Secwépemc Peoples to have higher value for the economy, the livelihoods and behaviors of the local people were not taken into account. There seems to have been little investment in understanding how the changes could have been influenced in ways to advantage the local community.

Taking a landscape approach over a longer period of time, in order to respectfully analyze the dynamics of biodiversity changes and individual rights holders choices,[41] may have been possible in a country with strong institutions such as Canada — had development been over a longer period of time. This case study is certainly a situation involving multiple stakeholders with conflicting goals, but the study finds very little evidence of participation of other organizations of professional practice such as, for example, localized NGOs. Inclusion of the right NGOs may have been valuable in contributing skill sets in setting conservation goals and mitigating governance issues for closer win-win outcomes. This may have been done using a variety of informal and formal techniques such as discussing possible scenarios or structured simulation modeling[41]. Approaching this situation through a larger landscape lens may have been beneficial in placing more emphasis on negotiations of the trade-offs and building community support for the impactful, irreversible changes that occured.

References

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