Honourable Ujjal Dosanjh
Premier of British Columbia
PO Box 9041 STN PROV GOVT
Victoria, BC  V8V 1X4

Dear Premier Dosanjh:

Re: Melvin Creek/Cayoosh Ski Resort – Environmental Assessment Report

This letter is to reiterate specifically Xaxli'p's disapproval of the Melvin Creek Proposed Ski Resort.  Xaxli'p is one of the 11 communities that make up the Stl'atl'imx Nation.  We strongly oppose the Environmental Assessment Office Project Committee's recommendation of approving the Proposed Melvin Creek Ski Resort.

One thing that has to be made clear and understood when reviewing the Project Committee's report – is that the Project Committee and NGR Resort Consultants Inc. (NGR) do not speak for the Stl'atl'imx nor the Non-Natives who are opposed to this project.  Xaxli'p always maintained that any meetings held with NGR or representatives of government regarding the proposed ski resort was not to be construed as consultation.  The provincial government's "British Columbia Consultation Guidelines", is a contentious issue with First Nations, our view of consultation and governments' (industry and corporations included), differ – no meaningful consultation took place throughout this process.  Also the Supreme Court of Canada Delgamuukw Decision of December 1997 stated that if there is going to be any infringement on Aboriginal title, consent must be given by the First Nation.  We did not give consent for NGR to infringe on our title and rights.

Such a project will be detrimental to the Stl'atl'imx culture and way of life.  I have enclosed a letter dated May 17, 2000 addressed to the Environmental Assessment Office along with a copy of a report titled "Stl'atl'imx Use Of The Duffey Lake Area Including The Melvin Creek Watershed" dated May 9, 2000.  This report outlines the importance of the Melvin Creek/Duffey Lake area to the Stl'atl'imx Nation.  Also mentioned, in 1960 there were plans of building a commercial hunting and fishing lodge at Duffey Lake, this proposal was abandoned because "alienation of the trapline area would conflict with the interests of the Indians".

Throughout history, government, industry/corporations and their elites took it upon themselves to thrust mega-projects through; in the name of economic opportunities.  This process is a very lucrative arrangement that benefits a few.  As premier of British Columbia, you have an opportunity to bring credibility to your government again, by re-evaluating mega-projects such as the proposed Melvin Creek/Cayoosh Ski Resort; as with the Alcan II, and the Stein Valley development projects.  As you know, we the Stl'atl'imx still have some unresolved issues with both levels of government relating to highway, railway, and hydro trespasses, along with resource extraction and title and rights within our territories to name a few.  These outstanding issues need immediate resolution before creating further mistrust.

We are aware that Canada has a full team working within the United Nations and other international bodies on issues concerning aboriginal rights, comprised of individuals from Foreign Affairs, Indian & Northern Affairs Canada, and Environment Canada.  We will be keeping this group informed regarding infringements on our Aboriginal Title and Rights, and will request them to represent Canada in a manner that honours both Canada's fiduciary duty and its obligations to the Stl'atl'imx Nation under international law.

We are also aware of specific developments within the United Nations, including the July 2000 review within the UN Commission on Human Rights of standards for Indigenous Peoples' relationship with natural resource companies, and the UN's approval in July 2000 for the establishment of a Permanent Forum on Indigenous Peoples, under the UN Economic & Social Council.  We will ensure that such international bodies are equally informed of infringements of Stl'atl'imx Title and Rights.

As you are aware, we the Native communities of this riding (Yale-Lillooet), were the deciding factor in your party's success of being elected to the provincial government.  The communities of Lillooet and Pemberton have backed other political parties with differing points of views.  Building a ski resort will not bridge this gap.  Due to the detrimental affects of this project on flora and fauna also to First Nations' culture and way of life, along with the number of Native communities who are opposed to this proposed development (Melvin Creek/Cayoosh Ski Resort), I trust that you will make the honourable decision, by NOT approving the environmental certificate for this specific mega-project.

Sincerely, Chief Arthur Adolph, Xaxl'ip First Nation

cc:- Chief Gary John, Lillooet Tribal Council (LTC), Chairman, Stl'atl'imx Chiefs' Council, Chairman
Chief Arthur Manuel, Shuswap Tribal Council, Chairman 
National Chief Matthew Coon Come, Assembly of First Nations
Honourable Joan Sawicki, Minister of Environment, Lands and Parks
Honourable Harry Lali, MLA Yale/Lillooet
The Honourable Robert D. Nault, Minister of Indian Affairs and Northern Development
Mr. Brian Roberts, Senior Advisor International Relations Directorate, Indian & Northern Affairs Canada
Mr. John Herity, Director, Biodiversity Convention Office, Environment Canada
Mr. Hugh Moeser, Deputy Director, Environment Relations Division, Foreign Affairs & International Trade
Madame Erica Irene-Daes, United Nations Special Rapporteur
Arthur Pape, Pape and Salter, Barrister and Solicitor, Xaxli'p Legal Counsel
Brenda Gaertner, Mandell Pinder, Barrister and Solicitor, LTC Legal Counsel