ʔAkisq̓nuk First Nation Calls for Suspension of All Development at Lake Windermere and Columbia Lake

Date: June 23, 2025 From: ʔAkisq̓nuk First Nation's Chief and Council To: The Honourable Randene Neill, Minister of Water, Land and Resource Stewardship, Government of British Columbia

Re: Urgent Request for a Suspension of Further Development at Lake Windermere and Columbia Lake

Dear Minister Neill,

I write on behalf of ʔAkisq̓nuk First Nation ("ʔAkisq̓nuk") leadership to request the immediate suspension of all new and currently proposed development in and on the shorelines of Lake Windermere and Columbia Lake (collectively, the "Lakes") until a comprehensive lake stewardship plan is developed and implemented in accordance with our inherent jurisdiction as stewards of our traditional territory.

ʔAkisq̓nuk actively participates in a working group with various ministerial staff at the Ministry of Water, Land and Resource Stewardship ("WLRS") to discuss concerns about the Lakes and management of the Lakes in accordance with our legal traditions. While ʔAkisq̓nuk is pleased to be having these discussions with WLRS and that there is consensus that the current system is not working and that significant action and enforcement is required, we are disappointed by the lack of actionable outcomes that have resulted from this working group. This has led to the need to make this urgent request to ensure that our rights are protected while the stewardship plan is developed. If developments are not put on hold in the interim period, we are very concerned that irreparable harm to our rights will occur.

Columbia Lake and Lake Windermere

The Lakes make up part of the Columbia River, the largest river flowing into the Pacific Ocean from North America, and the broader Columbia Wetlands, one of the longest intact wetlands in North America. Columbia Lake is the headwater of the Columbia River, while Lake Windermere is a widening of the river. Both making up critically important parts of the broader river and wetlands.

The Lakes are experiencing severe environmental strain. Their shallow depths make the Lakes particularly vulnerable to cumulative recreational pressures, including boating, shoreline development, and infrastructure. The Lake Windermere Carrying Capacity Study highlights that Lake Windermere's physical and chemical composition is being pushed beyond sustainable limits, placing aquatic ecosystems and water quality at serious risk.

Without immediate intervention, there is a significant risk of irreversible ecological degradation to the Lakes and the broader Columbia Wetlands ecosystem and resulting damage to our rights. The cumulative impacts of development are leading to death by a thousand cuts.

Our Rights

The Lakes are within our ʔamakʔis Ktunaxa (traditional territory) and are part of a sacred, ecologically sensitive ecosystem. We have never surrendered our Aboriginal rights or Title through Treaty or otherwise, and continue to hold Aboriginal Title over the lands and waters within ʔamakʔis Ktunaxa, including the Lakes. We have been stewards of ʔamakʔis Ktunaxa since time immemorial and we continue to hold a sacred responsibility to protect its integrity for future generations.

ʔAkisq̓nuk in our language means "land of the two lakes": Columbia Lake and Lake Windermere. The Lakes are central to who we are and are of profound cultural, historical, and spiritual importance to us. The health of the Lakes is integral to our identity and place in the world.

Historically, salmon was a critical part of our people's diet and culture. They disappeared with the development of a dam in 1939. Today, there is an Indigenous-led initiative to Bring the Salmon Home with a vision of returning salmon stocks for Indigenous food, social, and ceremonial needs, and to benefit the ecosystem as a whole. We are concerned that the significant efforts made by this initiative will be in vain if the health of the Lakes are not improved.

The Province has a Constitutional Duty to Consult ʔAkisq̓nuk Regarding the Lakes

As you are aware, the duty to consult is a constitutional obligation owed by the Crown to Indigenous Nations when it contemplates conduct that has the potential to adversely impact a First Nation's rights. The duty to consult requires the Crown to engage with Indigenous groups and consider the proposed conduct's impact on their Aboriginal rights before making a decision. Consultation must occur early in the decision-making process and cannot be left until such time where the momentum of the project renders consultation meaningless.

The rights enshrined in the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP"), including the principle of free, prior and informed consent, also inform the honour of the Crown and the duty to meaningfully consult and accommodate. Canadian courts have held that UNDRIP is part of Canadian law and must be used to interpret Canadian law, including section 35 and the duty to consult.

The Lake Stewardship Plan

The Province has a constitutional imperative to immediately suspend new and currently proposed development on the Lakes because the current development in and on the shorelines of the Lakes is damaging our inherent and Aboriginal rights. For too long the Province has inadequately discharged its consultation obligation to ʔAkisq̓nuk regarding the development and use of the Lakes.

All new and currently proposed development must be suspended until a comprehensive lake stewardship plan is in place, including but not limited to:

• Dredging activities

• Dock installations or expansions

• Boat launch installations or upgrades

• Marina developments or upgrades

• New commercial lake-related ventures

• Private shoreline alterations

• Beach expansions

• Stormwater outfall installations

• Water intake installations

• Mooring placements

A complete inventory and assessment of existing uses of the Lakes and infrastructure must also be completed, including a detailed examination of docks, buoys, and structures – legal or otherwise. Immediate action should be taken to issue warnings and remove non-compliant or unauthorized developments.

A suitable lake stewardship plan must prioritize Indigenous-led decision making, the health of the Lakes, long-term sustainability, clear development processes, enforcement capacity, and stakeholder engagement.

Until the above is satisfied, it is difficult to see how ʔAkisq̓nuk will be able to grant its free, prior, and informed consent regarding any development within the Lakes.

We kindly request that you acknowledge receipt of this letter. We ask that you provide possible dates for meeting to discuss this matter and next steps by no later than July 11, 2025.

I thank you for your attention to this very important matter to ʔAkisq̓nuk.

Sincerely, Nasuʔkin Donald Sam On behalf of the ʔAkisq̓nuk First Nation Chief and Council