Frequently Asked Questions

 Please send an email to specificclaims@esketemc.ca If your question hasn’t been answered already, we will add the question to this list and provide an answer for everyone to review.  

When claims are filed against the Federal Government, the process is often slow and bureaucratic. This Specific Claim process began in 2003 when Esk’etemc filed the claim with the Specific Claims Branch. The Federal Government initially rejected the claim in 2011. Esk’etemc then filed the claim with the Specific Claims Tribunal. The Federal Government reversed its decision and accepted the claim in 2018. Esk’etemc experts then began the process of identifying the financial impact on the Esk’etemc of the loss of water rights over the last approximately 130 years. These reports were submitted in 2019. The Federal Government’s settlement offer was presented to Esk’etemc in 2023.  

Determining what to do with the Tsqewt settlement amount is a large responsibility that has incorporated feedback from Esk’etemc members, plus further research and work to help determine what will be best for Esk’etemc members now, and for generations to come. We committed to being more transparent and communicative at the request of members which we are doing, but we will not compromise a thorough and well researched process which takes time to do mindfully. 

There will not be a per capita vote. 

Esk’etemc Kukpi7 and Council can move ahead and make plans for the settlement funds without a vote from the membership. Kukpi7 and Council have undertaken extensive consultation with Esk’etemc members and have a good understanding of members’ needs and desires based on information provided through community engagement. Kukpi7 and Council will make decisions on the settlement funds based on their legal obligation to act fairly and look after the best interests of all Esk’etemc members.  

The procedure for the distribution of funds is a complex one; its goal is to ensure that all members are treated fairly, regardless of where they live. This means establishing processes for the distribution of funds that include the development of a distribution policy, the creation of a minors’ trust, the application process for members to be able to receive funds, and identifying supports needed for members. This will include providing support to members regarding financial advice and information on wills and estates planning and ensuring that members have bank accounts. We acknowledge that some members have expressed that they are anxious, but this process needs to be undertaken carefully to ensure there is fair treatment for all members.  

The funds were transferred from Canada to Esk’etemc and were being held with the Royal Bank of Canada (RBC). All fund have now been transferred to the Bank of Montreal (BMO).

The Bank of Montreal is able to offer a higher interest rate and a better level of service for Esk’etemc in relation to the settlement funds.   

The funds are locked in and secure and need signatures of Kukpi7 and all of Council to be released.  

The financial statements are public documents and can be accessed here. 

The Settlement funds remain intact and have not been touched. It is anticipated that ultimately Esk’etemc will be reimbursed for the costs relating to what is to be done with the settlement funds that it has paid out of general revenue. Please note that this addresses the situation to date. We cannot predict what the future decisions will be and won’t speculate. 

As of June 20, 2025, there are 1,207 members.

Please refer to the Government of Canada website on band support funding here. 

We understand that the Canada Post strike has created an added level of complexity in getting information submitted. You are welcome to do the following with your enrolment form:

1. Drop off to Esk’etemc Administration office at 1003 Esk’et Drive, Alkali Lake. This can be done by yourself or a trusted family member or friend. You will be responsible for ensuring that it is dropped off in a timely manner.

2. Mail to PO Box 157, Alkali Lake, BC V0L 1B0 – Attention: Tsqewt Distribution Program

As per the Esk’etemc Financial Management By-law ratified in July 2021.

17.1 For the purposes of conducting Band business, Chief and Council may on behalf of the Band, borrow monies from a Chartered Bank, Trust Company, Credit Union or a registered financial institution under the following conditions:

a) By Band Council Resolution (BCR), Chief and Council may obtain credit not exceeding (One Million Dollars) $1,000,000.00 to maintain local services or capital programs. Prior to using this credit, revenues for repayment must be identified and confirmed in writing.

b) Any loans over (One Million Dollars) $1,000,000.00 by the Band must have the approval of the Band Membership at a duly convened General Band Meeting. Approval shall be sought by Chief and Council in the following manner:

i) Notice of the proposed loan shall be given by Chief and Council to make every attempt to contact all household on the Reserve and Band members who live off the Reserve, that Chief and Council wishes to engage in a loan and details of the loan and repayment shall be made part of the notice. A similar notice shall be posted at the Band Administration Office and at one visible place on the Reserve 10 days prior to the meeting.

ii) The notice, in Section 17.3 b) i) shall state a time, date, and location of the meeting of the Band Membership to authorize the loan.

iii) Chief and Council must inform the membership at the meeting of the amount of the loan, its purpose, the cost of the interest and how it will be repaid.

iv) The Chief and Council must hold a vote of members present at the meeting, before proceeding to contract the loan. A simple majority of the persons present must indicate, by show of hands or secret ballot, approval to contract the loan.

v) The Managing Director shall have meeting minutes of the meeting recorded and record the results of the voting.

Yes, the Distribution Policy may be viewed on the home page of this website. 

 No payments will be made to estates of members who died prior to July 4, 2025.

In accordance with section 13.1 of the Esk’etemc Distribution Policy approved by Council the payment would be made out to the Patient, as defined in the Patients Property Act of British Columbia, and delivered to the person who has the legal right to administer the estate of the Patient pursuant to that Act. Evidence would need to be provided regarding the person who has the legal right to administer the estate.

That is correct unless Council changes its policy. 

 Trust Creation

A legal trust document is drafted, in this case relating only to minor members of Esk’etemc, specifying how assets should be managed for the benefit of minors entitled to receive a share of a distribution made by Esk’etemc..

Funding the Trust

Esk’etemc transfers funds into the minors’ trust. For the Tsqewt Specific Claim, $25,000 will be transferred into the Minors’ Trust for each Esk’etemc minor who is registered on Esk’etemc’s membership list as of July 4, 2025 or has applied to ISC to become a member as of that date and subsequently becomes a member. 

Trustee Management

The trustees, which consist of an administrative trustee, which will initially be BMO Trust, and individual trustees, those being the Council members of Esk’etemc from time to time, manage and invests the trust assets, using them as needed for the minors’ benefit according to the trust’s rules. The trustees are bound to act in the best interests of the beneficiaries, those being the minors covered by the trust.

Distribution Age

Minors will be entitled to be paid their distribution share when they turn 18.

Taxes

Income earned by the trust may be taxed at trust rates or attributed to the minor, depending on, among other things, where the minor resides.

The minor will be offered financial literacy training, but it will not be mandatory. The monies will be available to be paid out to a minor upon their becoming 18 once they have applied for the payment and shown proper identification. 

The Minor’s Trust, technically known as the Trust Indenture, will be available for viewing on the Tsqewt website at www.seculecwem.ca.

Yes, interest will accumulate on the funds in the trust. 

That will be determined by the trustees once they are in place. 

The Esk’etemc Investment Committee will provide guidance and advice based on solid research on appropriate investments which are intended to improve the economic health of Esk’etemc with a focus on current and future financial well being. Council will be reviewing all options and recommendations provided through the community engagement sessions and surveys, and will be making their decisions based on this information. 

The Tsqewt Community Planning Committee is an advisory body to the Esk’etemc Chief and Council. Their purpose is to review all planning options proposed by the Esk’etemc members for the Tsqewt Specific Claim settlement funds and compile a summary of all proposals and feedback for recommendation to Kukpi7 and Council to review and reach a decision on the next steps.

The Committee is comprised of individuals with relevant expertise, demonstrated knowledge and community perspectives that pertain to effectively carrying out the committee’s functions. Roles and responsibilities include:

• Demonstrating a commitment to community action through involvement in one or more of the following areas:

     o Health Housing and Infrastructure

     o Natural Resources Language, Education and Culture

     o Community Planning Governance

     o Economic Development and Business Elders Knowledge

• Understanding and interest in collaborative, community research.

• Skills and knowledge in report writing and non-biased decision-making.

• Availability and commitment to attend scheduled and extraordinary committee meetings.

The Committee is made up of five (5) Esk’etemc Band members, with the Specific Claims Team Coordinator acting as Chair of the Committee. To avoid any conflict of interest, Committee members are not permitted to submit their investment/planning proposals for Esk’etemc consideration. An expression of interest was released with the closing date of June 28, 2024, at 5 pm Pacific Standard Time. The Committee members are DeDe DeRose, Trevor Rivet, Sophie Collins, Irvine Johnson, and Darren Stanislaus.  

To date, the Tsqewt Community Planning Committee has been funded out of Esk’etemc general revenues; however, it is anticipated that Esk’etemc will be reimbursed out of the settlement funds at one point in time. 

Feedback is now closed. There were three ways to participate:

1. A paper survey for all Esk’etemc members to fill out and return it by October 31, 2024.

2. An online survey was available for Esk’etemc members to fill out by October 31, 2024.

3. In-community engagement sessions were held in Esk’et (September 27, 2024), Williams Lake (September 28, 2024), Kamloops (October 19, 2024) and Chilliwack (October 26, 2024), plus other sessions for staff, youth, and elders. The Kamloops and Chilliwack sessions had a Zoom component so people could participate online. Please see the question below for how to share feedback.

The community engagement sessions are now complete. We had a number of sessions planned with Esk’etemc staff, family representatives, youth and Elders. There were in-person and hybrid events hosted and this information was shared extensively and frequently via Facebook, Alkali Lake radio, and on the www.seculecwem.ca website. 

The information obtained from the online and paper surveys and in person community engagement has been reviewed and summarized by the Tsqewt Community Planning Committee. Kukpi7 and Council have reviewed this information, and other feedback received from Esk’etemc members living on and off reserve, and taken it into consideration in making its decisions. Other decisions regarding the settlement funds will be made in the future.   

Kukpi7 and Council created a questionnaire to hear from membership on what was important to them specific to respect to planning for education, economic development, health, culture and language, Elders, youth, and social development. The questionnaire required member’s names and membership numbers to confirm participants’ Esk'etemc membership and was open for feedback until October 31, 2024. 

Confidentiality is important. No information that can be linked to individual members will be shared. This information can be distributed on a thematic level, without disclosing information that might violate the privacy of members who have responded to the surveys. Those members have not authorized disclosure of their opinions. 

We understand that there are Esk’etemc members who have ideas and additional information to share but didn’t get that information in by the deadline. The deadline was in place so that all of the information could be gathered and shared with the Tsqewt Community Planning Committee to prepare a report and recommendations for Kukpi7 and Council to review to help them make strategic decisions based on Esk’etemc members’ feedback. There may be opportunities moving forward for additional engagement and to share ideas, so please forward your ideas or suggestions to the SpecificClaims@esketemc.ca email address and the Specific Claims team will ensure that information is saved and shared if, or when, additional engagement occurs.

On May 23, 2024. The Federal Government had 45 days to transfer the funds to Esk’etemc. That transfer occurred on June 24, 2024.  

A special dinner and event was held at the Esk’et gym for Esk’etemc members, which opened in prayer; a dinner was shared together, and the Tsqewt Media Release video was shared, with comments from Council and Elders. 

We commemorated the settlement of the IR #6 Tsqewt Water Rights Settlement with a larger community celebration in Esk’et. The Esk’etemc Celebration video captured the event.