Tk'emlups: The Repatriation of Scheidam Flats

Abstract

In this case, students are introduced to the community of Tk’emlups, a First Nation community that must decide how to finance their court case to repatriate land that was removed from their reserve by the federal government during the 1860’s and sold to a private owner. During the 1980’s, a developer obtained an option to purchase the land, known as Scheidam Flats, from the private owner to construct a golf course. The Tk’emlups community, however, still claimed that this land rightfully belonged to them and was successful in obtaining an injunction to prevent its sale and development. With a looming court case, Chief Manny Jules wondered if Tk'emlups should impose its own tax on reserve-based sales of fuel, alcohol, and tobacco products in order to pay for the fees associated with the upcoming court case.