KIB Files Claim
Kamloops, B.C.( December 17, 2009) - The Tk’emlúps Indian Band has filed a claim in British Columbia Supreme Court to lands that were set apart as a reserve for 
them under the administration of Governor James Douglas in 1862. The land, referred to as the “Douglas Reserve”, is adjacent to the Tk’emlúps Band’s current main reserve located along the North and South Thompson Rivers.
In the Statement of Claim, filed December 17, 2009, the Tk’emlúps are asking the Court to declare that crown lands within the claim area are lawfully reserve lands belonging to the Tk’emlúps. They are not asking the court to return privately held lands within the Douglas Reserve but instead are asking for a declaration that Canada and the Province have a duty to make reasonable efforts to acquire those lands for the Tk’emlúps from willing sellers. The Tk’emlúps also seek damages from the Crown for the loss of these lands.
In 1862, Governor James Douglas directed the local Magistrate and Assistant Commissioner of Lands and Works to set out a reserve for the Tk’emlúps. In compliance with Douglas’ direction, the Magistrate staked out a reserve that extended approximately 8 miles north from the confluence of the North and South Thompson Rivers, about 15 miles east from the confluence, and back to the mountains in both cases. He also posted public notices of this reserve. However, a subsequent colonial administration purported to cut-off a significant portion of this reserve without obtaining a surrender of the land from the Tk’emlúps.
“The taking of this reserve is a long-standing grievance of the Tk’emlúps people,” said Tk’emlúps Chief Shane Gottfriedson. “For generations our people have been patient in seeking to get our land back and we are looking forward to having the claim finally determined in the courts. It is a very exciting day for us.”
The Tk’emlúps have been seeking to resolve this long-standing claim through negotiation in Canada’s Specific Claims process for over two decades but Canada will not negotiate the claim and the Province is not part of the Specific Claims process. They have therefore decided to take the claim to court.
The claim has no effect on the existing Tk’emlúps reserve or any leasehold interests held by others in the existing reserve. Nor will the case have any effect on the business operations of the Tk’emlúps.
“We expect that there will be considerable excitement about this claim in our community,” said Chief Gottfriedson. “But everything else with Tk’emlúps will be business as usual.”
