What is the scope of the Chekonein Treaty?

British Columbia, Canada


The following excerpt is from Sam v. British Columbia, 2014 BCSC 591 (CanLII):

The demand is divided into four parts and it appears that subparagraphs (b) and (d) are at issue. Demand 14(b) states as follows: b. Provide particulars of the factual basis on which each of the following agreements, settlements or events is alleged to have extinguished the Plaintiffs’ rights to village sites and enclosed fields under the Chekonein Treaty. Without limiting the foregoing, provide particulars of: i. How each of the federal-provincial agreements between the defendants extinguished the Plaintiffs’ rights under the Chekonein Treaty; ii. How “the series of the federal-provincial agreements entered into after 1871” between the defendants extinguished the Plaintiffs’ rights under the Chekonein Treaty; iii. How the “final settlement of the location and extent of reserve lands in British Columbia” between the defendants extinguished the Plaintiffs’ rights under the Chekonein Treaty; iv. How the “transfer of administration and control of those lands” between the defendants extinguished the Plaintiffs’ rights under the Chekonein Treaty; and v. How the “satisfaction of the constitutional requirement imposed by Term 13 of the Terms of Union” entered into between the Colony of British Columbia and Canada extinguished the Plaintiffs’ rights under the Chekonein Treaty.

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