Indigenous leaders are condemning a lawsuit by a group of University of British Columbia (UBC) professors and one graduate student who are against the school making land acknowledgements, along with other diversity, equity and inclusion efforts.
One syilx Okanagan chief described the legal demands as “attempts to erase syilx Okanagan presence and rights.”
Five UBC faculty members — including three professors at the school’s Okanagan campus, as well as a professor and a graduate student at its “Vancouver” campus — filed the petition in the B.C. Supreme Court on April 7, calling for a judge to ban the province’s largest university from engaging in what they called “political activity.”
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Those activities, according to the petitioners, include statements that UBC is on unceded Indigenous land — implying that Canada is not “a lawful or legitimate state” but on “stolen land.”
“By repeatedly asserting that UBC lands are unceded,” the petition states, “UBC takes a political position on one side of a controversial political debate about Canada’s sovereignty and the political need for or claim to Indigenous cultural autonomy and/or sovereignty.”
According to the petitioners, land acknowledgements “have adverse effects on their academic freedom,” claiming they inhibit “free inquiry, discussion, lecture and debate of the scope of Indigenous political rights in Canada.”
The lawsuit singled out by name the “Musqueam and/or Okanagan people,” on whose territories both major campuses operate.
The university references the “traditional, ancestral, unceded territory” its campuses operate on in various places on its website. It also explains the importance of these acknowledgements in a video from Linc Kesler, a professor emeritus, First Nations and Indigenous Studies, and former director of UBC’s First Nations House of Learning.
“In recent years, it has become increasingly common at Canadian universities to open events by acknowledging the traditional territories of the Indigenous communities of the area,” he explained.
“Here at UBC at the Vancouver campus, when we make this acknowledgement, we’re acknowledging the past history, but we’re also acknowledging our present relationship with Musqueam and with other Indigenous communities in Canada and worldwide.”
However, the petitioners claim “their political views or legal opinions are not welcome at UBC” if they believe that the nations “effectively ceded their lands,” or if their “rights or title have been fully or partially extinguished.”
The UBCO-based petitioners are philosophy professor Andrew Irvine, political science associate professor Brad Epperly, and English and cultural studies associate professor Michael Treschow. The two “Vancouver”-based petitioners are political science professor Christopher Kam and philosophy graduate Nathan Cockram.
The petitioners are also seeking court orders against the university commenting on the Palestine-Israel conflict, as well as against requiring faculty to agree with or abide by “diversity, equity and inclusion doctrines.”
They argue the legal basis of their petition stems from the provincial University Act, which dictates “a university must be non-sectarian and non-political in principle.” As a result, their lawsuit claims, the university’s actions “are in breach” of the act, and should be set aside, quashed and corrected.”
The petitioners argue that declaring UBC is on unceded Indigenous territory is “a political position or political statement” — because the term “unceded” implies “Canada’s” claim to sovereign territory is “illegitimate, unethical or contrary to international law,” and therefore “does not recognize Canada as a lawful or legitimate state.”
UBC has not filed a response, but issued a statement to media that said it was aware of the petition and would review it.
‘Disrespects the syilx Okanagan communities’
The xaʔtus (elected leader) of the Okanagan Nation Alliance’s (ONA) Chiefs Executive Council said in a statement that the recognition of unceded syilx Okanagan land is not political but simply a fact.
“It is an acknowledgment of historical truths and legal realities,” said y̓ilmixʷm (Chief) ki law na Clarence Louie. “Attempts to silence these acknowledgments are attempts to erase syilx Okanagan presence and rights.”
Meanwhile, Westbank First Nation (WFN) y̓il̓mixʷm Robert Louie said institutions like universities have a duty to uphold spaces that foster truth and reconciliation.
“Challenging the acknowledgment of unceded syilx Okanagan territories undermines this duty and disrespects the syilx Okanagan communities whose lands these institutions occupy,” he said.
WFN, which is a member community of the ONA, issued its own open letter addressing the petition, saying the nation is deeply concerned by the court filing.
“The petitioners argue that these actions stifle academic freedom,” WFN’s open letter states. “Yet it is clear to us that their claims veiled under the banner of ‘academic freedom’ are, in fact, a thinly disguised attempt to perpetuate harmful rhetoric rooted in racism, bigotry, and historical denialism.
“Too often, in the current political and media climate, individuals who resist the most basic principles of reconciliation and human rights attempt to cloak their actions under the guise of free speech.”
WFN’s statement said it stands with UBCO and is committed to “the ongoing work of reconciliation, education, and truth-telling.”
The nation added that history will look back on people who “undermine Indigenous rights” as ”self-serving individuals.”
“The truth cannot be hidden,” WFN wrote. “And the path toward a more inclusive and equitable future requires courage, honesty, and a commitment to justice.”
On Friday (April 11), the Union of British Columbia Indian Chiefs (UBCIC) also issued a statement where they denounced “the outdated and regressive views expressed in the petition.”
UBCIC’s secretary-treasurer K̓áwáziɫ (Marilyn Slett) — who is also chief councillor of the Heiltsuk Tribal Council — said the lawsuit is an example of the mischaracterization for political ends of Indigenous people’s basic human and constitutional rights.
“UBCIC calls on UBC to vigorously defend against the petition,” she said in a statement, “and to continue with the good work they have begun with the Musqueam Indian Band, syilx Okanagan Nation, and other First Nations.”
The organization’s president, Grand Chief Stewart Phillip — who is from the Penticton Indian Band — added that it’s simply a fact that university campuses are on unceded Indigenous land.
“In addition to being factually incorrect,” he said in the statement, “to argue that First Nations in BC have ceded their lands is to argue against First Nations’ survival, dignity, and well-being.”
