News

Dear Gitxsan Colleagues,

Last week was a very good year. Let me explain.

JUSTICE DAVID TYSOE’S JUDGMENT December 10

We had great expectations of the expected ruling on the challenge that Yal et al made to the decision of the Minister of Forests to transfer licenses to Northwest Timber from Skeena Cellulose without consulting with Gitxsan Simgighet. I state that we had great expectations because the law was on our side. A lawyer laughed at me when I made that statement. Obviously he was not one of our lawyers.

Justice Tysoe’s judgment is very important but it only recognizes where the legal framework establishes the realm for the development of new relationships with the Crown. The bounds are now set as to how the Gitxsan, the Crown, and we have to accommodate each other. The hard work will now begin.

The Crown has established its legislative objectives. These are manifested in the Lands and Resources Management Framework for each of the Forest Districts. The legislative objectives as well are manifested in Timber Supply Area rationales for Annual Allowable Cut determination of the Chief Forester. The legislative objectives are also manifested through the licenses that have been awarded to forest companies by the Minister of Forests.

The Gitxsan are continuing with the work of determining to what uses their lands may be put. This work has to be undertaken by the Gitxsan titleholders. The titleholders are the House groups. Directors of Societies, Chief Negotiators, and Chief Councilors are not important in this exercise because we have no title and no resources.

The House groups also have to put together plans as to how they can sustain themselves. This is where the exercise will get interesting. The plans have to focus on sustaining Gitxsan to be uniquely Gitxsan forever. As you make these decisions you have to think of engaging in economic activity that may infringe Gitxsan rights and title. Difficult decisions will have to be made. Once your sustainable development strategies are complete then you will have to give consideration to accommodating the Crown’s interests.

The above is just the first step in a number of necessary undertakings that the Gitxsan statutory decision makers have to take. I will map out the other steps as the planning processes evolve.

I have had a number of discussions already with officials from the Ministries of the Attorney General, Forests, Sustainable Resource Management, and Aboriginal Affairs.

The message that I am giving is that the Gitxsan and the Province have to find a way to engage Canada so that our aboriginal rights get accommodated and we can use federal financial resources to repair our territories

LANGUAGE AND CULTURE

I would like to thank the Gitwangak Sim gi ghet for hosting the gathering where our Gitxsan Language and Culture Agreement was set aside. Tenimghet and his colleagues hosted a great meeting. Many Chiefs witnessed the signing ceremony. About 150 people were present to celebrate by dancing and feasting. Representatives from Canada and British Columbia were extremely pleased with the event.

Bev Clifton-Percival explained that the document as written is at the 85% level in terms of being a chapter of our Treaty with the Crown. Please read the document and offer advice on what we may include in the other 15%.

NORTHWEST TRIBAL TREATY NATIONS

Right after I gulped down my lunch at Gitwangak I traveled to Prince George to attend the meeting that was arranged between the Northwest Tribal Treaty Nations and the Northern MLA Caucus. The objective of the meeting was to establish a working relationship between the MLA’s and the Northwest Tribal Treaty Nations.

The only absentees from the signatories to the Northwest Tribal Treaty were the Nisga’a and the Kaska Dene. The Nisga’a had a Lissims Government sitting in progress and there was a death in Dave Porter’s tribal group.

Other Gitxsan that were at the meeting included Bea Rabocz, Norman Johnson, Ralph Michell, Richard Sampson, Cynthia Monk, Leonie Rivers, and Tara Marsden. Tara actually works for the MLA caucus in Victoria and she was at the meeting handling communications for the province.

The NWTT and the Northern MLA Caucus will be signing a protocol in the New Year. Commitments were made by those present to take steps to ensuring that progress is made on many different fronts.

The four individuals that have volunteered to lead specific tasks will continue to head up our standing committees. Diane Collins – Health, Leonard Thomas – Forestry, Betty Patrick – Child and Families, and I on the Economy will continue to work with other NWTT representatives to make progress on public policy that impacts us in the specific areas that have been identified.

DAVE AHENAKEW

I understand the frustration that drove him to make his comments. I agree that it is wrong for the federal government to unilaterally change the way that we can access health benefits. I agree that we have to defend our children and grandchildren when other people pick on them. I do not understand how the world can tolerate American dominance in their part of the world. We do put up with a lot of crap. I do not understand why our 95% unemployment does not get attention from the media. I do not understand why none of us are called upon by the Crown to work in their structures to deal with our issues. I do not understand why the Crown expects us to live within the law while it does not heed the rule of law. Court case after court case comes down on our side and the Crown continues to dominate by not changing its public policy to reflect the reality that the Judiciary has adjudicated. Why do we as aboriginal public servants get paid at levels that white folks would never work for? Why have we worked and not gotten benefits that other public servants get? Why do we allow the crown to impose policies on us that take away our identities?

Ray Jones, Neil Sterritt and I have worked alongside Dave for the past three decades defending Treaty and Aboriginal Rights. He will probably lose the Order of Canada medal that he earned. He is still a courageous leader and his contributions far outweigh the dignity that has been stripped from him.

MERRY CHRISTMAS

All of the members of the Northwest Tribal Treaty Nations offices will be closed until January 6. I am taking annual leave on January 2 and 3. Much needed downtime is welcome. My colleague from Canada will be in Mexico. My colleague from BC will be in Long Beach. I will be at home in Terrace.

Merry Christmas to all.

Elmer Derrick