Monday 19 May 2014

CHARTER

SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST
( Back To STT Institute International )
( two column form here )
PEACE & HARMONY TRUST
 

(g)   "Net Income" means all income derived from the Trust Fund less the aggregate of:
(i.)   any and all expenses incurred or payable in respect of or to protect the Trust Fund or incurred or payable in connection with the management and administration of the Trust in this Settlement as determined by the Trustee to be chargeable to income;
(ii.)  such further or other sums in each year as the Trustee in the Trustee's discretion considers to be proper allowances, reserves, deductions, disbursements and outgoings in accordance with generally accepted accounting principles; and (iii.) without limiting the generality of the foregoing, such sum in each year as the Trustee shall in the Trustee's discretion considers necessary and advisable from time to time as being on account of depletion, deterioration or obsolescence of any of the assets comprising the Trust Fund;

(h)    “Patrick” means Patrick David Lockhart Gordon;

(i)   "Trust" or "Trusts" means the trust or trusts established under this Settlement;

(j)    "Trustee" means the trustee or trustees from time to time acting under this Settlement; and

(k)     "Trust Fund" means the property referred to in paragraph 2.1 hereof, all other Assets which may at any time be substituted therefore, and all other Assets which are now or which at any time during the continuance of the trusts hereof may be acquired by or assigned, transferred or appointed to the Trustee and which the Trustee may be willing to accept and hold upon the trusts hereof, and all capital accretions to and all income from such Assets, but excluding all amounts which have been paid or disbursed therefrom (whether out of capital or income) in the normal course of administration or pursuant to the provisions of this Settlement.

 1.2            Number and Gender. In this Settlement and in any instruments supplemental or ancillary hereto the
           singular includes the plural and the masculine includes the feminine and vice versa.
  
ARTICLE 2

Settlement of the Trust

2.1            Settlement. The Settlor hereby transfers to the Trustee and the Trustee hereby acknowledges the
           receipt from the Settlor of One Hundred ($100.00) Canadian Dollars and agrees to hold the property, together with all other Assets which may hereafter form the Trust Fund in accordance with the terms of this Settlement.

2.2            Trust Irrevocable. This Settlement and the Trust hereby made are irrevocable by the Settlor and,
            notwithstanding anything herein expressed or implied, no part of the capital or income of the Trust
            Fund:

(a)    may be paid, lent or applied to or for the benefit of the Settlor;

(b)   may revert to the Settlor; 


(a)    may be paid, lent or applied to or for the benefit of any person determined by the Settlor; or

(b)   will require the Settlor's consent with respect to the distribution of such capital or income.

2.1            Additions to Trust Fund. The Settlor or, with the approval of the Trustee, any other person may at
           any time and from time to time add to the Trust Fund. Any proposed addition to the Trust Fund which
           if made would have an adverse impact on the utilization of any election, may not be added to the Trust
           Fund but rather will be held by the Trustee as a separate trust fund with the provisions of this
           Settlement respecting the administration of the Trust Fund applying mutatis mutandis to such
           property.

2.2            Legal Title to Trust Assets. Any Assets from time to time constituting the Trust Fund will be held by 
           and registered in the name of the Trustee or in the name of the Trustee's nominee or otherwise as the 
           Trustee may decide. The Trustee is not liable for any loss to the Trust resulting from any act of the
           nominee in whose name an Asset is held.



ARTICLE 3

Distribution of Trust Property


3.1            Application of Trust Fund Prior to Distribution Date. The Trustee will hold the Trust Fund and
           until the Distribution Date and will pay or transfer to or make payable to those individuals who have
           been adversely affected by the said October, 2006 fire or those others who reside on lands of the
           Cowichan tribes lands at Duncan, British Columbia. The funds are to be awarded in the form of a
           bursary to advance the education of a selected individual and are to include,

(a)    any amount or amounts of the net income derived from the Trust Fund as the Trustee in the
      Trustee's absolute and  uncontrolled discretion from time to time determines;

(b)   any amount or amounts of the capital of the Trust Fund as the Trustee in the Trustee's absolute and
      uncontrolled discretion from time to time determines; The Trustee, when exercising the Trustee’s
      discretion under this paragraph for the benefit of the said individuals are to consider as especially
      worthy of favoritism, those individuals who seek to pursue an education involving the engineering
      profession. The Trustee will not be liable for any consequences arising from the depletion or even
      exhaustion of the Trust Fund during the 75 years as a result of advances of income and capital for
      the benefit of the individuals mentioned aforesaid.

3.2            Undistributed Income Becomes Capital. Any net income from the Trust Fund which is not so paid,
           made payable or applied in any year or within three months thereafter will be accumulated by the
           Trustee and added to the capital of the Trust Fund and dealt with as a part thereof.

3.3            Payment of the Trust Fund on the Distribution Date. On the Distribution Date any accumulated
           income and capital is to be distributed to an entity of similar objects as the trust herein.




3.4            Payment to Guardian. The Trustee is authorized to make any payment or distribution, whether of
           income or of capital, for any beneficiary who is under the age of 19 years or under some other
           disability to the parent, legal guardian, acting guardian or committee of such beneficiary or to anyone
           to whom the Trustee in the Trustee's discretion deems it advisable to make such payment, whose
           receipt will be a sufficient discharge to the Trustee. The parent or guardian or person acting as such of
           the beneficiary is expressly authorized to make any election or elections on behalf of such beneficiary
           for the purposes of the Income Tax Act.

3.5            Transfer to Another Trust. Notwithstanding any of the Trusts, powers and provisions herein, and
           subject to paragraph 4.1 hereof, the Trustee may in the Trustee's absolute discretion at any time and
           from time to time, transfer and convey the whole or any share, portion, part or parts of the Trust Fund,
           to any other trust or settlement (the "New Trust") whether established under or pursuant to the laws of
           the Province of British Columbia, any other Province of Canada, or any other jurisdiction whatsoever,
           to be held by the trustees of the New Trust with and subject to the powers and provisions of the New
           Trust, provided that the beneficiaries of the New Trust must be the beneficiaries of this Trust and that
           the interests and rights of the beneficiaries with respect to the share, portion, part or parts of the Trust
           Fund so transferred and conveyed will under the New Trust be the same as or substantially the same,
           insofar as is possible under the laws of the jurisdiction governing the New Trust, as the interests
           and rights of the beneficiaries under this Settlement. Upon such a transfer being made, the Trusts  
           herein declared concerning the property comprised in such transfer will cease and determine and the
           said property will for all purposes be subject to the trusts, powers and provisions contained in the New
           Trust.


ARTICLE 4

Trustee's Powers


4.1            General. In addition to all other powers conferred upon the Trustee by the other provisions of this
           Settlement or by any statute or general rule of law, the Trustee has and is hereby given the power and
           authority in the Trustee's absolute and uncontrolled discretion at any time and from time to time to
           administer the Trust Fund in whatever manner the Trustee may determine and will have the right to
           take any action in connection with the Trust Fund and to exercise any rights, powers and privileges
           which may exist or arise in connection therewith to the same extent and as fully as an individual could
           if the individual was the sole owner of the Trust Fund. It is the intention of the Settlor to grant the
           widest powers possible to the Trustee.

4.2            Specific Powers. Without in any way limiting the generality of the foregoing, the Trustee will have
           the following powers and authority which are exercisable in the discretion of the Trustee:

                 Investment Discretion

(a)    to invest any money constituting part of the Trust Fund in any investments which the Trustee
      considers advisable including shares of private corporations of which the Trustee may be an
      officer, director and/or shareholder, notwithstanding that such investments may not be investments
      authorized by law for trustees and the Trustee will not be responsible for any loss which may be
      occasioned by reason of making such investments or the retention of them;
      Disposal of Assets of Trust Fund

(b)   to sell, transfer, assign, exchange, convey, mortgage, lease or otherwise dispose of any of the
      Assets from time to time constituting the Trust Fund in any manner the Trustee deems proper and
      at a price, upon such terms and for such consideration as the Trustee deems suitable; to give any
      option with respect to any property in the Trust Fund and generally to perform all acts of
      alienation and ownership with respect to the Trust Fund to the same extent and with the same
                 effect as if the Trustee was the absolute owner of the Trust Fund;

                Management of Property

(c)    to manage real or leasehold property entrusted to the Trustee or held by the Trustee under the
      Settlement and to make ordinary and extraordinary repairs and alterations and improvements
      thereon as the Trustee deems advisable; to raze buildings and erect new buildings; to subdivide
      and plot real property, to lay out and dedicate ways, roads and public places; to grant or release
      easements; to enter into partition, party-wall and boundary line agreements and agreements of any
                 other kind with respect to real property; and to make any payment for repairs, alterations and
                 improvements or services or in connection with such management out of the capital or income of
                 the Trust Fund as the Trustee deems proper;

                Voting of Shares

(d)   to vote all shares or other securities, to exercise all rights incidental to the ownership of shares,
      bonds, or other securities, investments and property held as part of the Trust Fund, and to issue
      proxies to others; to vote to elect the Trustee to any executive or other board or committee of any
      company whose shares form part of the Trust Fund and to serve in any office or on any board or
      committee and accept and receive remuneration for the Trustee's services without diminution
                 of the Trustee's compensation under this Settlement; to sell or exercise any subscription rights and
                 in connection with the exercise of subscription rights to use Trust moneys for such purpose; to
                 consent to and join in any plan, reorganization, readjustment, merger, amalgamation or
                 consolidation with respect to any company whose shares, bonds or other securities at any time
                 form part of the Trust Fund and to authorize the sale of the undertaking or assets or any
                 portion of the assets or undertaking of any such company; and generally to act in respect of any
                 securities forming part of the Trust Fund as fully and effectively as if they were not Trust property
                 but always in such manner as the Trustee in the Trustee's uncontrolled discretion considers to be in
                 the best interests of the Beneficiary;

                 Bank Accounts

(e)    to open and operate any bank account as may be expedient in the opinion of the Trustee and to
      deposit cash balances in the hands of the Trustee at any time in any chartered bank, credit union or
      trust company and for the purposes of the Trust, to draw, make, endorse, deposit or deal in
      cheques, bills of exchange, promissory notes, drafts or any other mercantile, commercial or
      security documents of any nature or kind; and to enter into contracts, or agreements of any nature
      or kind with a bank, credit union or trust company, and for such purposes the signature of
      the Trustee as Trustee, and not in the Trustee's personal capacity, is valid and binding upon the
      Trust;
                 Partnership

(f)     to enter into any partnership or limited partnership agreement or agreements;

Incorporation

(g)    to incorporate any company under the laws of the Province of British Columbia or any other
      jurisdiction in Canada or elsewhere, at the expense of the Trust Fund for the purpose of investing
      the whole or any part of the Trust Fund wholly or partly in shares or other security of such
      company;

                 Operate a Business

(h)    to operate a business acquired as part of the Trust Fund;

                 Life Insurance Policy

(i)      to retain any life insurance policy entrusted to the Trustee or from time to time held by the Trustee
      as Trustee; to accept as assignee for a consideration or as a donation to form part of the Trust
      Fund, any life insurance policy or benefit under such policy; to purchase insurance on the life of
      the Beneficiary; to purchase insurance on the life of anyone in whom the Beneficiary has an
      insurable interest and to select such type of policy and mode of premium payments as the Trustee
                 deems advisable; to pay premiums on the policy out of capital or income as the Trustee deems
                 proper, provided any insurance policy will be payable to the Trustee and will be held as part of the
                 Trust Fund, and the proceeds thereof, when received by the Trustee, will form part of the Trust
                 Fund; and for such purposes the Trustee will have full power and authority to borrow money on
                 the security of any policy, to sell such policy or surrender the same and to accept in exchange
                 therefore, or in lieu thereof, any different policy and all the powers of an absolute owner for the
                 purpose of dealing with the policy in such manner as the Trustee considers in the best interests of
                 the Beneficiary;

                 Annuities

(j)     to purchase annuities for the Beneficiary and to select such type of annuity and mode of payment
      as the Trustee deems advisable;

                 Insurance

(k)   to carry insurance against hazards, including public liability, in such amounts and in any type of
      insurance company satisfactory to the Trustee, as the Trustee deems advisable;

                 Borrowing

(l)      upon such terms and subject to such conditions as the Trustee may consider appropriate, to borrow
      on behalf of the Trust such amount or amounts as the Trustee deems necessary or advisable, and,
      for the purpose of securing the repayment of any amount so borrowed, to mortgage, pledge,
      hypothecate or otherwise charge all or any part of the Trust Fund;

                 Lending
        
         (m)  to advance moneys out of the Trust Fund by way of loan to any person or company, including the
      Beneficiary, such loans to be made with or without interest, upon such terms as to payment and
      with or without security, as the Trustee deems advisable;

                 Guarantee

          (n)  to guarantee, with or without security, the performance of contracts and the performance of
      undertakings and obligations of any person, company, partnership or association, including the
      payment of interest, principal and premium, if any, on bonds, debentures, or other securities,
      mortgages or liabilities of any such person, company, partnership or association, provided such
      guarantee can reasonably be regarded as having been given for the benefit or advantage of the
                 Trust Fund and the Beneficiary;

                 Indemnification

(o)    to enter into any agreement of indemnification for the benefit of any Beneficiary, persons,
      company or partnership, with or without security, provided that such indemnification can be
      reasonably regarded as having been given for the benefit or advantage of the Trust Fund and the
      Beneficiary;

                Releases

(p)    to waive or agree to waive, in whole or in part, unpaid accrued interest, or accumulated dividends
      in respect of any investment which may be held by the Trustee at any time, or to release any
      person, company or partnership from any obligation to the Trust with or without compensation
      therefor;

                Employees and Agents

(q)    to employ and compensate agents, accountants, solicitors, brokers or other assistants and advisors
      deemed by the Trustee to be helpful for the proper settlement or administration of the Trust, and to
      do so without liability for any neglect, omission, misconduct or default of any employed person,
      provided the person was selected and retained with reasonable care;

                Employment of Trust Company

(r)      to employ a trust company to act as agent to retain custody of the securities, maintain books of
      account, receive and disburse money and otherwise manage any part of the Trust Fund in
      accordance with the instruction of the Trustee;






                Documents

(s)     to execute and deliver agreements, assignments, bills of sale, contracts, deeds, notes, powers of
      attorney, receipts and any and all other instruments in writing necessary or appropriate in the
      opinion of the Trustee for the settlement or administration of the Trust, and to execute any
      instrument without warranty by or without recourse to the Trustee; in executing the deed or other
      instrument, the Trustee will not be bound to secure the consent or approval of any person, official,
      authority, tribunal or court whomsoever or whatsoever;

                Proceedings Affecting the Trust Fund

(t)      to institute, prosecute and defend any suit or actions or other proceedings affecting the Trustee or
      the Trust Fund or any part thereof, to compromise or settle any matter of difference or to submit
      any such matter to arbitration, to compromise or compound any debts owing to or by the Trust
      upon evidence that to the Trustee seems sufficient, to make partition in whole or in part at public
      auction or private sale or otherwise upon any terms the Trustee deems advisable with any co-
      owners or joint owners having any interest in any properties comprised in the Trust Fund and to
      make such partition either by sale or by setoff or by agreement or otherwise (including where
      deemed desirable, provision for equality or exchange);

                Distributions

(u)     upon any distribution or division of the Trust Fund or of any part thereof, to distribute or divide the
      same either wholly or in part in money or in other Assets of the Trust Fund and for the purpose of
      such distribution or division, and for any other purpose hereunder, to place a value on the Assets or
      of any share therein as the Trustee deems just and proper and any valuation is absolutely final and
                binding upon all persons entitled hereunder;

                Income Tax Matters

(v)     to make any designation, allocation or apportionment and without restricting the generality thereof
      in respect of capital gains or losses, capital dividends, stock dividends or taxable dividends to,
      among or between the Beneficiary and the Trust itself as is required or permitted under the relevant
      provisions of the Act or any other taxing statute affecting the Trust;

(w)   to make, or refrain from making, in the Trustee's absolute discretion, any election, determination or
      designation permitted by the Act or any other statute or regulation enacted by the parliament or
      government of Canada, by the legislature or government of any Province of Canada, or by any
      other legislative or governmental body of any other country, province, state or territory, and such
                exercise of discretion by the Trustee is conclusive and binding upon the Beneficiary;

(x)     to pay out of the income or capital of the Trust Fund, as the Trustee from time to time in the
      Trustee's absolute discretion determines, any taxes or other imposts payable in connection with the
      Trust Fund or payable by the Beneficiary in respect of the Trust Fund or any part thereof;



(y)     any taxable capital gains realized by the Trust shall be treated as income and dealt with in
      accordance with the discretionary power of the Trustee. The non-taxable portion of any capital gain
      shall be treated as capital of the Trust and dealt with in accordance with the discretionary power of
      the Trustee;

                Amounts Payable to Beneficiary

(z)     to make amounts payable to the Beneficiary by signing a trust minute which irrevocably declares an amount to be payable to a Beneficiary at which time the Beneficiary will have a legally enforceable right to payment of that amount;

                Payments to Beneficiary and Third Parties

         (aa) to issue promissory notes as negotiable instruments as payment in full of any amounts made
      irrevocably payable to a beneficiary or any other outstanding debt;

                Court Orders

        (bb) to exercise powers under this Settlement without giving prior notice to any person or without first 
      obtaining an order from a Court of competent jurisdiction;

               Non-arm's Length Transactions

(cc)    to engage in any transaction authorized or empowered whether express or implied hereunder, with
        either the Trustee personally, the Beneficiary or any persons related to them, including companies
        in which the Trustee, Beneficiary or related persons are interested, provided that such transactions
        are on the same basis as might reasonably be negotiated with any stranger.

               Rectification and Amendments

(dd)   provided any alteration, amendment, enlargement, change, correction or modification does not, in 
        the opinion of the Trustee, prejudice the rights of the Beneficiary hereunder:

(i)      the Trustee may without reference to or the consent or concurrence of the Beneficiary, by
      supplemental indenture or otherwise, make any changes or corrections in this Settlement or any
      indenture supplemental hereto, which in the Trustee's opinion are corrections or changes
      required for the purposes of curing or correcting any ambiguity or defect or inconsistent
                      provisions or clerical omissions or mistakes or manifest errors contained herein or therein; and

               (ii)  the Trustee may, by supplemental indenture or otherwise, alter, amend, enlarge or modify the
                      provisions contained in this Settlement or any indenture supplemental hereto if such alteration,
                      amendment, enlargement or modification is, in the opinion of the Trustee, beneficial to the
                      Beneficiary or required for the purpose of complying with any statute of Canada or any
                      Province thereof, or any order, rule or regulation made pursuant to such statute, or for the
                      purpose of overcoming difficulties in the administration of the Trusts hereof.


4.3            Passing of Accounts. The Trustee shall not be required to pass its accounts in a Court of competent
           jurisdiction except pursuant to a Court Order on the application of the Beneficiary. The Trustee shall
           keep and maintain accurate accounts of her trusteeship and may, but is not obligated to, have them
           audited annually by a chartered account or a certified general accountant and the expense thereof shall
           be an expense to the Trust Fund.

4.4            Minor Beneficiary. Any notice or report to a minor Beneficiary as required in this Settlement shall be
           given to either parent of the minor Beneficiary or to the guardian of the minor Beneficiary.


ARTICLE 5
Appointment of Trustees

5.1          Appointment of Trustee. The power of appointing trustees is exercisable by the Settlor during the
          Settlor’s life and by will after the Settlor’s death.


ARTICLE 6
Trustee's Decisions

6.1          Decisions Made in Canada. All decisions of the Trustee must be made in Canada unless the Trustee
          by supplemental indenture determines otherwise and any decision of the Trustee made outside of
          Canada will have no effect unless a supplemental indenture permits such decisions to be made outside
          of Canada.


ARTICLE 7
Liability, Indemnification and Compensation of Trustee

7.1          Fees. The Trustee is entitled to a fee for acting as Trustee under the provisions of the Settlement of
          such reasonable amount as is agreed upon between the Protector and the Trustee but not in excess of
          the maximum allowed by any rule of law or practice prevailing in the jurisdiction in which the Trust is
          resident and situated, and such fees may be charged to and paid out of either income or capital or both
          of the Trust Fund. The Trustee shall be reimbursed for all reasonable expenses incurred in carrying out
          the administration of the Trust Fund.

7.2          Trustee Liability. The Trustee is not responsible for any act or omission or any error of judgment not
          amounting to actual fraud in the management and administration of the Trust Fund. The Trustee is not
          personally liable upon any moneys to become due from or by any claims against the Trust Fund or
          upon any investment executed by the Trustee under these provisions. The Trustee has the power to
          bind the Trust without rendering the Trustee personally liable.






7.3          Trustee Indemnity Re: Exercise of Discretion. The Trustee will be fully protected in exercising any
          discretion granted to the Trustee in this Settlement and will not be liable to the Settlor or the Settlor's
          estate or to the Beneficiary or to any other person whatsoever by reason of the exercise of any such
          discretion. The Trustee will exercise the powers and discretions given to the Trustee in what the
          Trustee deems to be the best interests, whether monetary or otherwise, of the Beneficiary, and all such
          exercise of the Trustee's powers and discretions will be binding upon all the Beneficiary and will not
          be subject to any question by any person, official, authority, court or tribunal.

7.4          Trustee Indemnity Re: Taxes, Levies, Damages. The Trustee is not personally liable for the payment
          of any taxes that may be subject to assessment or payment during the currency of the Trust Fund which
          are the result of any failure by the Trustee to withhold, report or pay any taxes relating to the
          administration of the Trust or Trust Fund and in the event that the Trustee should be called upon to pay
          any taxes, penalties or other charges, the Trustee will be reimbursed for any amounts paid personally
          by the Trustee out of the capital or income of the Trust Fund. This provision for indemnity and
          reimbursement will also extend and apply to any other fines, levies, assessments or damages levied
          against the Trustee, whether by a court or otherwise, in respect of or arising out of any matter or thing
          done or omitted to be done in connection with the management, operation or administration of the
          Trust Fund.

7.5          Indemnity Continues. All indemnities, protections and liens granted to the Trustee under this
          Settlement shall continue in favour of any Trustee who is no longer holding office in respect of any
          claim, loss, expense or other liability that arose when the former Trustee held office.

7.6          Obligations of Successor Trustee. No successor Trustee will be required or be under any duty to
          examine, question, verify or audit the books, records, or accounts of any predecessor Trustee.


ARTICLE 8

Miscellaneous Provisions


8.1          This Settlement may be executed in any number of counterparts, each of which will be deemed to be
          an original, but all of which together will constitute one and the same document.

8.2          The provisions of this Settlement are severable from one another and a finding of a court that one
          provision is not enforceable shall not affect the enforceability of the rest of the Settlement.

8.3          This Settlement constitutes the entire agreement between the parties and supersedes and replaces all
          prior or oral written communications between the parties relating to the subject matter hereof.

8.4          This Settlement shall enure to the benefit of and be binding on the heirs, executors, administrators,
          successors and assigns of the Settlor and the Trustee.

8.5          Headings in this Settlement are inserted for convenience of reference only and shall not affect the
          construction or interpretation of this Settlement.



8.6          This Settlement shall be construed according to the laws of the Province of British Columbia and,
          where applicable, the laws of Canada.


          IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals as of the date
          first herein mentioned.

________________________________________               ________________________________________
Witness                                                                                   LEO ALPHONSE, as settler (in memoriam)(non-voting)

________________________________________               ________________________________________
Witness                                                                                   RALPH GOODWIN, as settler

________________________________________               ________________________________________
Witness                                                                                   BERNADETTE (PETER) SAM, as settler

________________________________________               ________________________________________
Witness                                                                                   RUBY PETER, as settler

________________________________________               ________________________________________
Witness                                                                                   LEO PETER, as settlor




________________________________________            _________________________________________
Witness                                                                                LEO ALPHONSE, as trustee (in memoriam)(non-voting)

________________________________________               ________________________________________
Witness                                                                                   RALPH GOODWIN, as trustee

________________________________________               ________________________________________
Witness                                                                                   BERNADETTE (PETER) SAM, as trustee

________________________________________               ________________________________________
Witness                                                                                   RUBY PETER, as trustee

________________________________________               ________________________________________
Witness                                                                                   LEO PETER, as trustee


SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST
30 -