Skway First Nation [Schweyey Road claim]

Accepted for negotiation by Canada in April 2003, this claim concerns the dyke and road on Skway Indian Reserve (IR) 5. In its claim submission, the First Nation successfully established that Canada had breached its lawful obligation to the Skway First Nation, in that the lands for the dyke and road across IR 5 (4.52 acres) were not lawfully taken, and the First Nation had not been properly compensated for this taking.

Negotiations commenced in the fall of 2003, with the Commission at the table as mediator/facilitator. Parties to the negotiation include Canada, the Province of British Columbia, the City of Chilliwack and Skway First Nation. Issues being negotiated include current ownership of the dyke and road; options to surrender; land appraisals and damages studies; form of conveyance allowing for future use of the dyke and road; and the availability of Crown lands as a component of a settlement.

Over the course of the past fiscal year, a tentative settlement agreement was reached and outstanding issues being dealt with at various side tables were progressing well without the need for meetings. Just prior to year’s end, however, the ICC was asked to convene a full-table meeting to review the status of the unresolved issues.