Interim Agreement with Marilyn Gabriel
Yesterday the lawyers for Marilyn Gabriel signed an agreement with the lawyer for the Band Councillors elected on November 27th to settle several issues until governance of the nation is resolved in court.
The November 27th Council will continue to operate and continues to assert its rights under Kwantlen’s customary laws.
This band council will continue to assert that the change in governance on November 27th was valid, that it is the legitimate council of the Nation, and that Marilyn Gabriel has no right to continue to hold office under Kwantlen customary law.
When communicating with external parties - those outside the Kwantlen Nation - Council will inform them of the following: “The legality of the November 27th Council, as well as the methods employed for its creation, are currently in dispute. Hereditary Chief Marilyn Gabriel, along with Councillors Tumia Knott and Les Antone, contest the legitimacy of the Council. As it stands, Indigenous Services Canada (ISC) recognizes these three individuals as the official government of the Kwantlen
First Nation. ISC maintains that it will not acknowledge any change in the Kwantlen government unless directed by a court order. Consequently, the government led by Marilyn Gabriel, Tumia Knott, and Les Antone retains exclusive jurisdiction under the Indian Act to make decisions and enter into agreements on behalf of the Kwantlen First Nation. In light of this ongoing legal dispute, the Council elected on November 27, 2022, respectfully requests that all external parties restrict their interactions with Ms. Gabriel's council to Kwantlen’s governmental, business or consultation functions. We further ask that you refrain from contacting them for participation in ceremonial activities. Although they currently hold legal standing as the government under Canadian law, this matter is being addressed in the courts and their status may change in due course.”
The November 27th Council continues to acknowledge that until ISC is ordered by the courts to recognize the change in government, it does not have the authority to represent or bind Kwantlen with respect to its governmental, business or consultation matters.
Within Kwantlen, the November 27th Council asserts its authority in all matters.
At the request of Marilyn’s legal team, the Governance Code referendum is delayed until the courts rule on Kwantlen’s governance.