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News

Chief negotiator Elmer Derrick's summary report from Gitxsan Summit, Oct. 19-21, 2005
22 November 2005

Gitxsan responsibilities in reconciliation

The Delgamuukw decision acknowledges that Gitxsan title holders have the responsibility to decide to what uses the lands may be put. In the past few years we have tried many different ways to up hold our responsibilities in deciding to what uses the lands may be put. At the outset we tried to do coordinate the planning processes from a central office. The next step that we tried was to establish more manageable units so the nine watersheds were established. In the past three years we have been able to secure some funding to enable most of the nine watersheds get started. The results have been mixed. My assessment is generous. The watersheds were established using natural boundaries. Most of the house groups could not get along. We need to meet our responsibilities in land use planning. In order to make progress for the betterment of the Gitxsan as a whole, our internal tensions must be set aside.

In forestry, since June 2002 we have attempted to reach some of our goals through the negotiations of the Short Term Forestry Agreement. The primary objective of our negotiations has been to ensure that the provincial statutory decision makers take into account and accommodate Gitxsan interests as they go about doing their business. The negotiating team has used some political pressure to try and extract a reply from the Minister of Forests, hopefully by the end of October.

Protecting the salmon nation

In the past few months I have been working closely with the Gitksan Watershed Authorities (GWA) on advancing our arguments to protect our wild xhootix against salmon lice. The challenge is to basically put a stop to the proposed fish farms at the mouth of the K’syeen. Sea lice from the farms are known to kill off the xhootix.

In this effort I have met with the Minister responsible and members of the NDP caucus. The GWA staff has met with scientists and statutory decision makers from the provincial ministry and from Canada. We have to keep the lines tight and I have to have a political meeting with the proponents of the fish farms – the Kitkatla.

Proof of Gitxsan title

The courts have continued to make statements that the burden of proof of title rests with our side. There are no doubts on the historical evidence that the Gitxsan Chiefs left with McEachern a few decades ago. The Supreme Court of Canada keeps on providing further guidance on what evidence is need to establish aboriginal title.

The Gitxsan like all other nations are not known for leaving large and long-term footprints. In fact, we behave as if the earth has not been used. We do not have too many footprints on the territories but a large number of our people’s remains have been found by different archeologists. The practice of leaving the remains of the deceased Gitxsan on territories will help in the process of proving our title. I know that the discussion on this topic will be controversial but the scientific evidence cannot be ignored. Sol Jack used to call me “hal dow ghit” at hockey games.

Gitxsan governance

Our governance system is alive and well at home. Provincial and federal mandates continue to be at odds with the Gitxsan traditional system of governance. What we know is that the policies that we expect out of the new statements of intent from Canada and British Columbia will lead to new mandates.

The work has just begun. There are matters that we have to clean up. We have made a few mistakes in establishing our organizations. Most of them are rather dysfunctional. The building blocks that are needed are available and need to be established on the firm foundation that was left for our benefit.

The Carnaby deal

A report is available from Sun Wave that explains where our deal is on Carnaby.

The offices at Carnaby will be where our Watershed plans will be coordinated and housed. The building apparently needs some maintenance work and new paint. If it becomes our main Watershed office then we will need new signs.

Public policy – 2004 -2005

Negotiations at the top provincial political level brought us the New Relationship document where the BC government set aside $100 million to enable the work to begin on the building of a new relationship with all First Nations in the province. The Premier and the Cabinet have committed to letting our camp make decisions as to how the money will be spent. Some of my Chief Negotiator colleagues have foolishly suggested that the pie be cut into 200 different pieces and sent out to Bands. I thought we had more collective sense.

I am also working very closely with Simooghet Maali (Glen Williams) of Gitanyow who has been talking directly with senior provincial officials. Glen and I will continue to collaborate on many issues. The Gitanyow and the Gitxsan continue to hold the line that the title holders are the Sim gii ghet. Certainty in relationships can only be realized when agreements between the Crown and the Gitxsan title holders are reached.

On the federal front some progress is also being made but the battle will always be uphill. In the area of aboriginal public policy, Ottawa has always tried to deal with aboriginal people with pan-Canadian policies. The mandarins in Ottawa have not come to terms with the fact that the “Indians” are not one people.

The Assembly of First Nations signed a high level political accord with Canada on May 31, 2005. This accord is entitled “A First Nations – Federal Crown Political Accord on the Recognition and Implementation of First Nations Governments.” Some detailed work is being undertaken in Ottawa but the Minister of Indian Affairs has been noticeably missing in action. He has not shown up at any political meetings in BC.

In Conclusion

Our foothold in our communities and within the legal framework of BC and Canada is secure. The Ayookw that our forebears bestowed on our civilization has and will always be our foundation. No one can take that away from us or our grandchildren. The Canadian Constitution has affirmed our place in the Canadian fabric. The goodwill that the provincial New Relationship and the Federal Crown Political Accord brings into play the possibility those new Crown policies will actually accommodate Gitxsan title and interests. Gitxsan Chiefs have responsibilities to make certain deals.