15 March 2006
Henry Michel Facilitator
Summary Report to Gitxsan Chief’s Office: Gimlitxwit Retreat March 2, 3, 2006 Treasure Cove, Prince George, BC. Prepared by, Henry Michel, Facilitator
Part One: Summary and Recommendations of main Discussion Topics:
1. “Inside Gitxsan” document was adopted by the Gitxsan House Chiefs in a meeting in 2005. There was discussion as to the completeness of this document as there was a great need at the community level to apply the Gitxsan Laws contained within the document. a. Gitxsan Constitution and Policy Development b. Complements current Treaty Process c. Puts Gitxsan Traditional Government, Language and Cultural Practice and Knowledge systems into Treaty context.
Recommendations: Further Development of the “Inside Gitxsan Document a.) Adoption and Implementation Work Plan Inside Gitxsan document whereby Chiefs can see the complexity and scope of this very large process. b.) That the Communication Strategy include on-going update process of Inside Gitxsan in order that House Chiefs can track its progress.
2. Gitxsan Language, Cultural Practice and Knowledge System Revitalization a. Concern that younger generations of Gitxsan do not understand language, cultural practice and the Gitxsan knowledge system. b. Gitxsan Laws are not fully understood by younger generations of leaders. Recommendation: o That a Gitxsan Language, Cultural Practice and Traditional Knowledge System Revitalization Strategy be developed and a workplan for the implementation of the strategy be adopted. o Within the Revitalization Strategy it is also recommended that a search be conducted for best practices in Language and cultural revitalization in order to provide the most relevant and effective program for Gitxsan.
3. Gitxsan Economic Development: a. Economic Development in Gitxsan must be controlled by Gitxsan and must be based on the Gitxsan Chiefs House System. b. Gitxsan communities are currently facing high unemployment up to 90% unemployment in some cases. There are concerns that economic development efforts are being held back by the Treaty Process, and that economic development is not only necessary but possible. c. A challenge was issued by a House Chief that Gitxsan Chiefs Office put one economic development project in place this year that focuses on putting Gitxsan people to work. Recommendations: A.) Heredity Chiefs and their people need to know the level of job creation currently taking place for Gitxsan people; the types of economic activity that they can participate in to generate jobs; and they need to know what Gitxsan leadership is doing immediately to alleviate high unemployment. It is recommended that the Communication Strategy adopt a job creation campaign designed to put employable Gitxsan to work. B.) If there are Forestry and similar Agreements being discussed in Treaty Negotiations, and if there is an immediate opportunity for job creation that can be used as a pilot for future economic development and job creation. It is recommended that these be put in place C.) It is also recommended that all employment provided by Gitxsan Chief’s Office, Band Councils and other agencies within Gitxsan communities be highlighted as Gitxsan job creation effort and that a survey of current levels of employable Gitxsan who are unemployed.
4. Joan Ryan’s Letter: a. Resource Sharing—(See Gitxsan Economic Development and Expropriation of Land and Resources topics for thorough discussion) b. New Relationship—The ‘New Relationship’ is the recent announcement issued by BC Premiere Gordon Campbell in the lead-up to the First Ministers Summit on First Nations held in Kelowna BC in November. In Hannamauxk’s letter she indicates that the promise of the ‘new relationship’ by recognizing aboriginal right & title was empty promises. In the analysis of the letter during the Retreat, it was indicated that legislation introduced during the recent Speech from the Throne gives more substance to the New Relationship agenda. c. Internal Obstacles—(See Gitxsan Unity process for detailed discussion.) d. Action Plan—This nine point plan proposes an extensive economic strategy for Gitxsan that will presumably be put in place of the Treaty Process.
Recommendations: --(see recommendations in the Gitxsan Economic and Gitxsan Unity section of this Report.)
5. Expropriation of Land and Resources from Gitxsan Territory: It was generally felt by participants that the level of expropriation into Gitxsan Territory continues to increase on the one hand, and yet, does not recognize the Gitxsan rights and title over Gitxsan territory, and Gitxsan Peoples continue to exist in poverty while billions of dollars in resources are taken out of their territories each year. a. There needs to protocols in place for the federal, provincial governments and corporations that recognizes Gitxsan Rights and Title. b. Compensation is required for the many losses in land, land use, and resources expropriated from within Gitxsan territory. c. Further economic development in Gitxsan territory must be based on the Gitxsan House system. d. Fish Farms e. Private Land in traditional House Territory: There is a growing amount of private property signs appearing all over Gitxsan Territories, which is creating access issues onto Chiefs House territories. Recommendations: A.) Judging from the various reports provided by Gitxsan Chiefs Office Executive that many of the concerns raised by Hereditary Chiefs are matters that have received considerable through the various processes of the Treaty Negotiations. It is apparent that the Chiefs Office needs to provide more informational meetings back to each Hereditary Chief and their community. A communications Strategy that may include communication staff, a communication Workplan may go along way to alleviate these information gaps.
6. Treaty Process: Many concerns were raised about the involvement in the Treaty Process. a. Gitxsan will never agree to ceding land in a land selection model. b. There is a need for an Agreement in Principle approval process that all House Chiefs agree to. c. Understanding the AIP document at the community level. d. The New Relationship initiative of the Provincial Government that recognizes Aboriginal Rights and Title should be applied in negotiations rather then the current Land Selection model. A discussion is required by House Chiefs about the Indian Act Transition Chapter. Concerns were raised that even after the Delgamuukw Decision was handed down that Indian Affairs officials still question the authority of Gitxsan Hereditary System. Recommendations: A.) Once again the communication of the many complex issues surrounding the overall Gitxsan Strategy of which Treaty Negotiations is only one of 3 legs of the overall Strategy—the other two being Litigation and Occupying of the Lax Yip. Based on the understanding obtained during reports in the Retreat, Treaty Negotiations is a necessary part that empowers the other two legs of the strategy. The development of a Communication Strategy and community educational workplan that could provide the assurance required support of this leg of the overall strategy. B.) The vote to have Chiefs brought together with the Gitxsan legal team to hear a legal opinion and analysis of a decision to withdraw from Treaty Talks maybe be necessary to provide the workshop. Should that option be undertaken, it is recommended that the planning of this workshop that speci
fic outcomes that clarifies the overall Gitxsan Strategy and the importance of Treaty Negotiations as an integral part of the whole Strategy.
7. Nine Watersheds Sustainable Land Use Planning Process a. Inter-House Agreement b. Capacity issues—need for continuous funding c. Success of this work linked to Treaty Negotiations Recommendations: A.) Once again the importance of this process by Hereditary Chiefs was evident, and the concern that this work continue. It is recommended that within the Communication Strategy that the various phases information gathering, ground truthing, database development and all other technical processes and community consultation required be laid out along with a cost estimate.
8. Agenda Items from November 2006 Meeting: This issue deals with a number of agenda items that was put on the floor at this meetings, but apparently have not been completed to the satisfaction of some Chiefs. Based on my understanding of the discussion, these agenda topics are rather large complex topics areas that require considerable time to complete. Recommendation: A. It is recommended that this matter also belongs with earlier recommendation to provide a communication Strategy and workplan
9. Gitxsan Unity Process: This topic grew out of several developments throughout the two day retreat. There was considerable discussion by Hereditary Chiefs that there needed to be greater understanding and unity within the different Houses. As well there is an apparent discontent that is evident within various factions of Hereditary Chiefs. This was clearly evident during the two resolutions that were presented on the floor. Hannamauxk also devoted considerable attention to what she described as Internal Obstacles.
My observation is that Internal conflict is a fact of life in most Aboriginal communities. There are many interpretations to this reality, but the most common relate internal conflict in Aboriginal Communities to the many traumas of Colonialism: loss of traditional land base and economic wellbeing, poverty, poor health, addictions and a variety of abuses are usual indicators of the internal conflict. Family feuds, community conflict, and hostilities toward leadership are the common indicators that these conflicts exist.
The difference in the levels of internal conflict between Gitxsan Peoples and other Aboriginal communities is that Gitxsan operate within their traditional Hereditary system which is much bigger and complex than most Aboriginal communities i.e. the Band Council and Tribal Council system. The size and complexity of the Gitxsan Hereditary system magnifies the level of conflict. It is my observation that unless a concerted effort to resolve this internal conflict, the level of disagreement and the inability to make decisions will increase. To that end I make two recommendations:
Recommendations: A.) That Gitxsan Hereditary Chiefs adopt a Unity Strategy that addresses the internal obstacles in their decision-making, strategies for managing internal conflict and promote treatment of each Hereditary Chief, all staff and all other people with respect and integrity that a human deserves. B.) In the initial development of the Unity Process, that a conflict resolution team be contracted to lead Hereditary Chief, all Chiefs’ Office and negotiations staff and Executive, and any other people who interact within the Gitxsan Chief‘s office. The purpose of this Conflict resolution Process should be to provide a process for Hereditary Cheifs and Office Staff to place all difficult issues on the table and through a facilitated process Gitxsan Chiefs will develop toward workable solutions for dealing with their internal obstacles. (There are a number of Indigenous Conflict Resolution practitioners who engage in this work and should be contacted) C.) There is a growing number of ‘best practices’ model for dealing conflict resolution, it is recommended that these best practices be incorporated to in the development work for the Gitxsan Unity Process.
9. Action Item for Fish Farm
Whereas: • Skeena River Salmon have always been a vital part of Gitxsan diet and has been a critical part of Gitxsan culture since time immemorial • Gitxsan Nation has always voiced their opposition to Fish Farms • Gitxsan have an intimate connection to the Skeena River salmon stocks and posses traditional ecological knowledge about salmon stocks, habitat, life cycle Therefore Gitxsan Declare: 1. That Gitxsan Nation participate equally on all federal and provincial government planning, management and enforcement policy tables 2. That Gitxsan Nation be provided sustainable resource capacity to participate effectively in: a. Sustainable watershed planning processes b. Salmon stock enforcement process c. Capacity for the scientific verification of Gitxsan traditional ecological knowledge about maintaining Skeena Salmon Stock Health.
Report to Gitxsan Chief’s Office: Gimlitxwit Retreat March 2, 3, 2006 Treasure Cove, Prince George, BC. Prepared by, Henry Michel, Facilitator
Part Two: Analysis with Recommendation of Discussion:
For each of the nine main topics that Gitxsan Chiefs put on the floor during the Chiefs Round Table Discussion in Day one, the following issues were raised in each topic issue:
1. “Inside Gitxsan” was document was adopted by the Gitxsan House Chiefs in a meeting in 2005 as the Gitxsan internal strategy for promoting Gitxsan Laws and Decision-making. The discussion on “Inside Gitxsan was that the document represents a powerful strategy for empowering Gitxsan authority and jurisdiction. It was felt that Chiefs adopted the ‘Inside Gitxsan’ document as a governing and decision-making model in their last Retreat. There was considerable feeling that there has been little movement in the overall development of Inside Gitxsan. As a result the impatience for the lack of noticeable progress was expressed frequently.
The following comments represent the discussion heard about this important document: a. Gitxsan Constitution and Policy Development based on Gitxsan Law i. Inter-House Agreement that works at the watershed level ii. There is an expectation from House Chiefs that when the decision to undertake the Inside Gitxsan process that its development would be much quicker then it appears to be progressing. b. Complements current Gitxsan Strategy of Treaty Negotiations, Litigation and Occupancy i. It recognizes the authority of Gitxsan Heredity Chief System. ii. Forces federal and provincial government to recognize authority of heredity Chiefs System as opposed to Indian Act system of governance iii. Provides an internal process for sustainable resource management sharing, and for Gitxsan participation in federal and provincial government planning, management processes. c. Represents that strength of Gitxsan Traditional Government, Language, and Cultural Practice and Knowledge systems. i. For federal & provincial governments, corporations and all non- Gitxsan residents to live within Gitxsan law. ii. Gitxsan resident in Gitxsan territory it represents a process from which Gitxsan jurisdiction to be recognized.
Recommendations: Further Development of the “Inside Gitxsan Document a.) Adoption and Implementation Work Plan be developed for the development, adoption and implementation of Inside Gitxsan. b.) That there be an on-going update process of completion and implementation of Inside Gitxsan document in order that House Chiefs can track its progress.
2. Gitxsan Language, Cultural Practice and Knowledge System Revitalization: There were several comments during the 2 days of this retreat regarding the Revitalization of the Gitxsan language, cultural practices and knowledge system. The clear message was that younger generations are losing the language and Gitxs
an cultural practice. A big worry is that the benefits of Gitxsan Laws and the Hereditary system will be lost if this knowledge is not transmitted through the language. Comments made during the Retreat fell into the following categories:
a. Concern that younger generations of Gitxsan do not understand language, cultural practice and the Gitxsan knowledge system. i. Need to train youth in Gitxsan law and Practice and decision-making ii. Gitxsan Laws are held within the “Stories” which can only be understood in Gitxsan. b. Gitxsan Laws are not fully understood by younger generations of leaders. i. For Future Leadership a training and mentorship program is required. Recommendation: o That a Gitxsan Language, Cultural Practice and Knowledge System Strategy be developed and a workplan for the implementation of the strategy be adopted. o Within the Revitalization Strategy it is also recommended that a search be conducted for best practices in Language and cultural revitalization in order to provide the most relevant and effective program for Gitxsan.
3. Gitxsan Economic Development: Many issues were raised about current economic conditions within Gitxsan community. First there is a great desire for long term economic security and sustainability based on Gitxsan Heredity System. The second concern is the billions of dollars worth of resources that have been expropriated out of Gitxsan territory with few benefits coming back to Gitxsan communities. The high unemployment speaks to the severity of this issue of expropriation with no process for resource sharing for Gitxsan. Of greatest interest is the high unemployment in Gitxsan community. The challenge is how to put employable Gitxsan people back to work immediately.
The discussion on Gitxsan Economics is based on these highlights: a. Economic Development in Gitxsan territory must be controlled by Gitxsan and must be based on the Gitxsan Chiefs House System. i. The hope for Gitxsan is that future economic development within Gitxsan Territory be based on the Gitxsan Hereditary System and that jobs, revenue and economic capacity from al economic activity revert to Gitxsan people. ii. At this time there is no revenue sharing protocol in place iii. Gitxsan must go to court to determine the level of compensation for past expropriation. iv. It was felt that Interim Agreements for economic development, MOU’s, and other instruments that would provide resource sharing protocols for Gitxsan need not wait for the Treaty process. These could be put in place immediately in order that employable Gitxsan can get to work. v. There was much discussion about the positive impact that the Delgamuukw Decision for other Aboriginal Peoples in the Province and across Canada. However similar benefits are not occurring within Gitxsan. A focus on greater economic benefits from Gitxsan resources could turn that around. b. Gitxsan communities are currently facing high unemployment up to 90% unemployment in some cases. There are concerns that economic development efforts are being held back by the Treaty Process, and that economic development is not only necessary but possible. i. Unemployment is as high as 90% in many Gitxsan communities. ii. Immediate job creation is required in each House Chief’s traditional territory iii. There is a great difference between a House Chief’s economic development ability on recognized Indian Act Reserves as opposed to Crown Land. iv. Gitxsan Nation’s jurisdiction over its Traditional territory must contain the ability to use their territory for economic benefits. c. A challenge was issued by a House Chief that Gitxsan Chiefs Office put one economic development project in place this year that focuses on putting Gitxsan people to work.
Recommendations: B.) Heredity Chiefs and their people need to know the level of job creation currently taking place for Gitxsan people; the types of economic activity that they can participate in to generate jobs; and they need to know what Gitxsan leadership is doing immediately to alleviate high unemployment. It is recommended that the Communication Strategy adopt a job creation campaign designed to put employable Gitxsan to work. C.) If there are Forestry and similar Agreements being discussed in Treaty Negotiations, and if there is an immediate opportunity for job creation that can be used as a pilot for future economic development and job creation. It is recommended that these be put in place D.) It is also recommended that all employment provided by Gitxsan Chief’s Office, Band Councils and other agencies within Gitxsan communities be highlighted as Gitxsan job creation, and that a survey of current levels of employable Gitxsan who are unemployed.
4. Hannamauxk (Joan Ryan’s) Letter: The letter delivered to Hereditary Chiefs in November, 2005 was the subject of much discussion. The letter suggests that the Treaty Process is a flawed process that favors the federal and provincial government and that Gitxsan need to consider alternative strategies to address the needs Gitxsan entered into the Treaty Process to resolve. It raised four main issues: a. Resource Sharing—(See Gitxsan Economic Development and Expropriation of Land and Resources topics for thorough discussion) b. New Relationship—The ‘New Relationship’ is the recent announcement issued by BC Premiere Gordon Campbell in the lead-up to the First Ministers Summit on First Nations held in Kelowna BC in November. In Hannamauxk’s letter she indicats that the promise of the ‘new relationship’ by recognizing aboriginal right & title was empty promises. In the analysis of the letter during the Retreat, it was indicated that legislation introduced during the recent Speech from the Throne gives more substance to the New Relationship. c. Internal Obstacles—(See Gitxsan Unity process for detailed discussion.) d. Action Plan—This nine point plan proposes an extensive economic strategy for Gitxsan that will presumably be put in place of the Treaty Process.
Recommendations: --(see recommendations in the Gitxsan Economic and Gitxsan Unity section of this Report.)
5. Expropriation of Land and Resources from Gitxsan Territory: It was generally felt by participants that the level of expropriation into Gitxsan Territory continues to increase on the one hand, and yet, does not recognize the Gitxsan rights and title over Gitxsan territory, and Gitxsan Peoples continue to exist in poverty while billions of dollars in resources are taken out of their territories each year. a. There needs to be protocols in place for the federal, provincial governments and corporations that recognizes Gitxsan Rights and Title. b. Compensation is required for the many losses in land, land use, and resources expropriated from within Gitxsan territory. c. Further economic development in Gitxsan territory must be based on the Gitxsan House system. d. Fish Farms e. Private Land in traditional House Territory: There is a growing amount of private property signs appearing all over Gitxsan Territories, which is creating access issues onto Chiefs House territories.
Recommendations: A.) Judging from the various reports provided by Gitxsan Chiefs Office Executive that many of the concerns raised by Hereditary Chiefs are matters that have received considerable through the various processes of the Treaty Negotiations. It is apparent that the Chiefs Office needs to community. A communications Strategy that may include communication staff, a communication Workplan may go along way to alleviate these information gaps.
6. Treaty Process: Many concerns were raised about the continued involvement of Gitxsan in the Treaty Process. Generally the Letter of Hannamauxk was referenced as the justification for the many Chiefs who spoke in favor of withdrawing from the Treaty process. A resolution was put on the floor to withdraw, but was later replaced by another
motion to have a Gitxsan Lawyer present Chiefs with a legal opinion about the decision to withdraw. The vote for this motion was 17 against, 14 for, and 5 abstained from voting. The following points represented the main discussion about the Gitxsan involvement in the Treaty Process: a. Gitxsan will never agree to ceding land in a land selection model. b. There is a need for an Agreement in Principle approval process that all House Chiefs agree to. c. Understanding the AIP document at the community level. d. The New Relationship initiative of the Provincial Government that recognizes Aboriginal Rights and Title should be applied in negotiations rather then the current Land Selection model. e. A discussion is required by House Chiefs about the Indian Act Transition Chapter. Concerns were raised that even after the Delgamuukw Decision was handed down that Indian Affairs officials still question the authority of Gitxsan House Chiefs.
Recommendations: A.) Once again the communication of the many complex issues surrounding the overall Gitxsan Strategy of which Treaty Negotiations is only one of 3 legs of the overall Strategy—the other two being Litigation and Occupying of the Lax Yip. Based on the understanding obtained during reports in the Retreat, Treaty Negotiations is a necessary part that empowers the other two legs of the strategy. The development of a Communication Strategy and community educational workplan that could provide the assurance required support of this leg of the overall strategy. B.) The vote to have Chiefs brought together with the Gitxsan legal team to hear a legal opinion and analysis of a decision to withdraw from Treaty Talks maybe be necessary to provide the workshop. Should that option be undertaken, it is recommended that the planning of this workshop that specific outcomes that clarifies the overall Gitxsan Strategy and the importance of Treaty Negotiations as an integral part of the whole Strategy.
7. Nine Watersheds Planning process: a. Inter-House Agreement b. Capacity issues—need for continuous funding c. Success of this work linked to Treaty Negotiations Recommendations: A.) Once again the importance of this process by Hereditary Chiefs was evident, and the concern that this work continue. It is recommended that within the Communication Strategy that the various phases information gathering, ground truthing, database development and all other technical processes and community consultation required be laid out along with a cost estimate.
8. Agenda Items from November 2006 Meeting: This issue deals with a number of agenda items that was put on the floor at this meetings, but apparently have not been completed to the satisfaction of some Chiefs. Based on my understanding of the discussion, these agenda topics are rather large complex topics areas that require considerable time to complete. Recommendation: a. It is recommended that this matter also belongs with earlier recommendation to provide a communication Strategy and workplan
9. Gitxsan Unity Process: This topic grew out of several developments throughout the two day retreat. There was considerable discussion by Hereditary Chiefs that there needed to be greater understanding and unity within the different Houses. As well there is an apparent discontent that is evident within various factions of Hereditary Chiefs. This was clearly evident during the two resolutions that were presented on the floor. Hannamauxk also devoted considerable attention to what she described as Internal Obstacles.
My observation is that Internal conflict is a fact of life in most Aboriginal communities. There are many interpretations to this reality, but the most common relate internal conflict in Aboriginal Communities to the many traumas of Colonialism: loss of traditional land base and economic wellbeing, poverty, poor health, addictions and a variety of abuses are usual indicators of the internal conflict. Family feuds, community conflict, and hostilities toward leadership are the common indicators that these conflicts exist.
The difference in the levels of internal conflict between Gitxsan Peoples and other Aboriginal communities is that Gitxsan operate within their traditional Hereditary system which is much bigger and complex than most Aboriginal communities i.e. the Band Council and Tribal Council system. The size and complexity of the Gitxsan Hereditary system magnifies the level of conflict. It is my observation that unless a concerted effort to resolve this internal conflict, the level of disagreement and the inability to make decisions will increase. To that end I make two recommendations:
Recommendations: A.) That Gitxsan Hereditary Chiefs adopt a Unity Strategy that addresses the internal obstacles in their decision-making, strategies for managing internal conflict and promote treatment of each Hereditary Chief, all staff and all other people with respect and integrity that a human deserves. B.) In the initial development of the Unity Process, that a conflict resolution team be contracted to lead Hereditary Chief, all Chiefs’ Office and negotiations staff and Executive, and any other people who interact within the Gitxsan Chief‘s office. The purpose of this Conflict resolution Process should be to provide a process for Hereditary Cheifs and Office Staff to place all difficult issues on the table and through a facilitated process Gitxsan Chiefs will develop toward workable solutions for dealing with their internal obstacles. (There are a number of Indigenous Conflict Resolution practitioners who engage in this work and should be contacted) C.) There is a growing number of ‘best practices’ model for dealing conflict resolution, it is recommended that these best practices be incorporated to in the development work for the Gitxsan Unity Process.
Appendix—1 Resolutions: Two Resolutions were introduced on the Floor on Day Two:
Resolution One: Moved by Billy Blackwater Sr. and Seconded George Sampare
Whereas the Treaty Process is flawed; and Whereas the Provincial and Federal Governments do things only for their own benefit within the Treaty Process for the purpose of assimilation; and Whereas Gitxsan are not satisfied with the Treaty Process and do not feel that it will result in a better future for future generations; and Whereas other First Nations are applying the ruling of the Delgamuukw Decision with more success because they are not involved in the Treaty process; and Whereas Gitxsan Hereditary Chiefs have been negotiating in good faith; and Whereas Gitxsan Chiefs Office has accumulated a total debt of $10 million in current Treaty Negotiations, and has not achieved any positive results; Then be it resolved that the Gitxsan Hereditary Chiefs Office withdraw from the Treaty Process.
This Resolution was tabled in favor of Motion Two.
Motion Two: Moved by Billy Blackwater Sr, and Seconded by _____??___
Whereas the decision to withdraw from the Treaty Process is a complex issue and that other important Gitxsan Hereditary Chiefs activities are inter-connected to the Treaty Process; and Whereas Hereditary Chiefs need to have a clear understanding of all legal implication of withdrawing from the Treaty Process prior to making a decision whether or not to withdraw; Then be it resolved that Gitxsan Hereditary Chiefs agree to have their legal team present a briefing about the legal implications of withdrawing from the Treaty Process.
Voting In Favor of Resolution 15 Voting Against 17 Abstained 5
There was two interpretations about the result of this resolution. Those in favor indicate that the motion is carried due to the Abstentions are counted as in favor . Their total would then be 19 votes
Those voting against the resolution indicated that Abstention votes count to the majority of votes and therefore count with them, theref
ore defeating the Resolution
The Official Roberts Rules of Order has the following to say about Abstention votes: Question 6: Do abstention votes count? Answer: The phrase "abstention votes" is an oxymoron, an abstention being a refusal to vote. To abstain means to refrain from voting, and, as a consequence, there can be no such thing as an "abstention vote." In the usual situation, where either a majority vote or a two-thirds vote is required, abstentions have absolutely no effect on the outcome of the vote since what is required is either a majority or two thirds of the votes cast. On the other hand, if the vote required is a majority or two thirds of the members present, or a majority or two thirds of the entire membership, an abstention will have the same effect as a "no" vote. Even in such a case, however, an abstention is not a vote. [RONR (10th ed.), p. 387, l. 7-13; p. 388, l. 3-6; p. 390, l. 13-24; see also p.66 of RONR In Brief.] In the case of Resolution Two, the vote would have not passed. Appendix—2
Fish Farms:
Dr. Allen Gottesfeld presented a Powerpoint about fish farms on the Skeena. The following points were made in his presentation: • Gitxsan have voiced their opposition to Fish Farms on the Skeena due to the importance of the ‘wild salmon’ stocks to their livelihood. • Concerns about Farmed salmon include: o Impacts from transmission of disease from farmed stocks to ‘wild’ stocks o Impacts on ‘wild’ stocks from escapement of farmed stocks o The Strout Point site for the development of a Fish Farm is on an important Skeena ‘wild’ salmon migratory route. o Up to 90% of salmon stocks historically used by Gitxsan migrate past the proposed Strout Point Fish Farm.
Action Item for Fish Farm
Whereas: • Skeena River Salmon have always been a vital part of Gitxsan diet and has been a critical part of Gitxsan culture since time immemorial • Gitxsan Nation has always voiced their opposition to Fish Farms • Gitxsan have an intimate connection to the Skeena River salmon stocks and posses traditional ecological knowledge about salmon stocks, habitat, life cycle Therefore Gitxsan Declare: 3. That Gitxsan Nation participate equally on all federal and provincial government planning, management and enforcement policy tables 4. That Gitxsan Nation be provided sustainable resource capacity to participate effectively in: a. Sustainable watershed planning processes b. Salmon stock enforcement process c. Capacity for the scientific verification of Gitxsan traditional ecological knowledge about maintaining Skeena Salmon Stock Health.
Appendix—3 Gitxsan Heredity Chiefs Presentation to Gimlitxwt Strategy Session: Presented by Jim Angus and Bev Clifton-Percival
The Strategy of the Gitxsan: since implementing our jurisdiction, rights and title we approached it from three ways: 1. Litigation Strategy a. BC Supreme Court 1987 b. BC Court of Appeal 1993 c. Supreme Court of Canada 1997 d. Numerous injunctions e. Numerous fisheries cases f. MOF Dec, 2002—New Skeena Licensee
2. Negotiations Strategy a. Negotiate with Province—reconciliations b. Set up Treaty Table based on Mandate of Hereditary Chiefs i. Working Groups and Main Table c. In Delgamuukw Decision it states that Gitxsan must negotiate on important issues—Courts will not rule on important issues, i.e. compensation, what are the aboriginal rights and title—these must be negotiated i. Negotiated Agreements will be collective agreements—must be negotiated from a unified front not House by House
3. Occupying the Lax Yip Strategy a. Sustainable Watershed Planning: Nine Administrative Units b. Gimlitxwt—Decision-making by the Simgiiyet of the Huwilp c. Implementing policies that are based on our Rights & Title: Ax (Land), Hon (fish), Spagayt (forestry) Oil & Gas Ayooxw (process for how government and corporations interface with Gimlitxwt)
4. Gitxsan Strategy In Action a. Simgiigyet of the Gitxsan Nation i. Treaty Table Protect the Land the People & the culture 1. No to land selection process of current treaty process 2. must appear to be negotiating in good faith ii. Nine Watershed Tables: Interdependence, Articulate Interests, Generate Gitxsan Database of use, Sustainable Development 1. Inter-Wilp Agreement 2. Each House must articulate Inter-Wilp Agreement language 3. Data collection process iii. Policies: decision-making, right & title 1. New Relationship Provincial Policy recognizes Aboriginal Rights & Title there is legislation being put in place 2. Transformative Change Accord 3. Both Levels of Government now attempting to deal with Right & Title iv. Yal & SFTA: Prima Facie Rights & Title v. Inside Gitxsan Internal Document
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