Chief Ron Giesbrecht
Two members of the Kwikwetlem First Nation are seeking to recover an $800,000 bonus the small band paid to its chief this year for closing a "secret" land deal with the B.C. government.
The sweeping claim also seeks damages from the province – which it accuses of "unjust enrichment" for paying the band $8-million for property allegedly worth an estimated $40-million – and it calls for compensation of $19-million for land alienated by the urban sprawl of Coquitlam and Port Coquitlam.
The documents, filed in Federal Court in Vancouver, propose a class action case by the band against the federal and provincial governments, Chief Ron Giesbrecht and the Kwikwetlem First Nation.
But so far only two of the band's 82 members, Ron Jackman and Kristina Joe, are named as plaintiffs.
The statement of claim alleges that Mr. Giesbrecht, the Kwikwetlem First Nation and both the federal and provincial governments breached their fiduciary obligations by closing a land deal without consulting band members.
It states that Mr. Jackman learned only in August that Mr. Giesbrecht "had secretly and without consent from the collective membership made an agreement with the Province of British Columbia to extinguish the Aboriginal Title claim to Burke Mountain."
Burke Mountain lies adjacent to the Kwikwetlem reserve lands.
Mr. Jackman said he is making the claim on behalf of all band members but declined further comment, although he did release a statement claiming the Kwikwetlem members never agreed to give up any land.
"This class action lawsuit has been started because we the Band Members, are the proper rights holders and we have a right to provide consent on our title, including our lands that have reserved for us," said the statement.
Mr. Giesbrecht made news in August when information released under the recently enacted First Nations Financial Transparency Act showed he was one of the most highly compensated chiefs in Canada.
Mr. Giesbrecht's salary as chief was just $4,800, but he also got an $800,000 bonus for his role as economic development officer.
The claim alleges Mr. Giesbrecht was paid a 10-per-cent bonus on a land deal that brought the band $8-million from B.C. for giving up a Kwikwetlem claim to about 246 hectares on Burke Mountain.
The claim reaches beyond the bonus to deal with outstanding land-claims issues. It recites the long history of colonization in B.C. and says the band should get damages for lost value of resources and land.
It also claims that after closing its deal with the Kwikwetlem, B.C. sold Burke Mountain land to private developers for an unknown amount, "estimated to be in the mid-forty million dollar range."
The Kwikwetlem First Nation has not disclosed details on its deal with the province and the government has said it will not release any details unless the band agrees.
Mr. Giesbrecht did not respond to phone calls or e-mails; neither did Kwikwetlem council members or staff.
When controversy emerged about Mr. Giesbrecht's payment, the band responded by posting his salary, confirming he was paid $914,219, of which $800,000 was a bonus.
"We understand that seeing such a large number for the Chief's salary is disconcerting," said the statement, which claimed he got the bonus for securing "business opportunities" for the Kwikwetlem.
A spokesperson for the B.C. Attorney-General's office said the government will file a statement of defence by the end of October.
Industry Minister James Moore, who is the Conservative MP for Coquitlam, has expressed interest in the Kwikwetlem deal with the province. A spokesman said Tuesday he is investigating the matter.
Mark Hume