Treaty Presentations
Indigenous Laws & Overlap Resolution: Examining Practical Models
Presentation to Indigenous Bar Association Conference, October 27, 2007
Good Morning Ladies and Gentlemen, I wish to acknowledge and express my appreciation to the Songhees and Esquimalt First Nations on whose ancestral territories we meet. I’m from the Kitsumkalum First Nation, one of the communities of the Tsimshian Nation group of people in Northwestern B.C.
In 1996, two nation groups of people, the Tsimshian Nation and the Nisga’a Nation signed a Memorandum of Understanding.
The purpose of that MOU is to define the relationship and supporting processes between us regarding boundary definitions, natural resources and common development activities.
I can only speak to my view of the Tsimshian perspective going into and participating in that process. It would have been helpful to this presentation to have a representative from the Nisga’a as well.
Some Background
The Tsimshian and the Nisga’a have a long history alongside each other: a base language, much of our culture and a boundary. We also fought along side each other to defend our regional society and lands against invaders (& from time to time, ‘disagreed’ with each other!).
There are seven Tsimshian First Nations with a population in excess of seven thousand people. The traditional territories cover approximately 13,000 square miles of the B.C. north coast including the cities of Terrace and Prince Rupert and stretching down the coast to include the community of Klemtu which is just north of Bella Bella.
The Nisga’a are the Northern neighbours to the Tsimshian with four member First Nation communities.
Other neighbours include the Gitxsan, the Wet’suwet’en, the Haisla, the Heiltsuk and the Haida. It is in our interest to ensure favorable relations with our neighbours.
Both Parties are participants to treaty making in B.C. – this was a strong catalyst for a greater level of agreement amongst us. The Nisga’a have a treaty – signed an Agreement-in-Principle in 1996 and came into effect in 2000. The Tsimshian, under the Tsimshian Tribal Council entered into the BCTC process in 1993 however were in pursuit much earlier than that including through the federal comprehensive claims process in the early 1980’s. Mutual boundary definitions are a component of treaty.
Approaches to the MOU
Both the Nisga’a and the Tsimshian prepared and conducted research, including oral history and compiled summaries. Both parties agreed any process should be on a government to government basis – through our Hereditary Chiefs. The administration of each nation was the facilitator for meetings, the steps to be followed, logistics, etc.
The first efforts (starting in the ‘80’s and early 1990’s) involved much culture and ceremony, e.g. Tsimshian traveled to New Aiyansh (Gitlakdamix) with our Chiefs and delegates. We were welcomed with a feast and a local Chieftan performed a sacred eagle down peace dance.
There was oral exchange of our histories (adaawx) and the attachments to key boundary points. We reminded each other of our history together. Despite the many efforts, there was no agreement at this stage!
There was agreement to strike a smaller Committee of Chiefs with technical support to find a solution. For the Tsimshian, our figure head was Waamodmw, a recognized and respected senior Chief among the nation. Again, no success and more time passed by.
A third level was then agreed to, more a technical level of recognized leaders within each nation. There was effort to strike a formal ‘compromise’ for treaty purposes. Develop a map with a fixed boundary line that could be presented to government as indication of a secure border but ‘on the side’ another agreement saying that map is not binding and a process will continue. This approach saw interest but no agreement.
Finally, in early 1996 the executive officers of each nation came together to say we want to try once more. It was agreed to set aside several days to meet at Kitsumkalum in September of that year. It was a very cordial meeting but with a sense of determination. Joe Gosnell and Bob Hill were respective leaders. We didn’t engage our culture to a large extent however there is always readiness and some application.
After much opening dialogue and exchange of ideas and other common interests there was understanding and tone for an agreement to be struck but only if we could capture the mood and the language shared earlier in the session. So another work group of senior resource people was identified and tasked with the gathering of thoughts and the capture of a solution. Edmond Wright, Harry Nyce Sr., Mel Bevan and myself (probably others as well) formed this work group.
We compared notes and drew on other documents amongst us – especially the Northwest Tribal Treaty Agreement of 1991 which was signed by most of the Nation groups of Northern B.C. The NWTT included provisions saying: “We, the signatories to this Treaty are of one heart in the advancement and protection of our common interests identified in the following principles:” “We shall continue to enter into bilateral and multilateral relationships with each other to strengthen and assist in settling matters and common concerns regarding our respective cultural identities, traditions, diversity, equality of our peoples, and our common boundaries according to our traditional laws”…
We were also able to draw on an earlier boundary related agreement between Kitasoo and Heiltsuk to assist the effort.
We reached agreement to proceed! – which was a draft initialled by both Parties.
The Ceremony to Accept
On November 7, 1996 the agreement was signed – but not without much ceremony;
The Tsimshian Tribal Council annual assembly in Prince Rupert; estimate well over 2,000 people in attendance, drums, dancing, ceremonial robes led the respective Chiefs and leadership in, banners or flags of each nation with leaders assembled in a circle of the auditorium for all to see,
Into that circle, a very old, nearly forgotten ceremony ‘the gawagani’ was performed with warriors of each nation challenging and jostling with their opposing warriors ending with them laying down their staffs signifying peace is in place. The significance of the ceremony was explained to all in attendance along with the fact that it was mutual peace ceremony sanctifying awareness of its intent and no more conflict.
This preceded the formal signing as you see in the MOU and speeches by the two Presidents.
Those Chiefs who had been on opposite sides of the room then crossed the floor and intermixed with the other nation as further indication and ceremony of agreement. This was followed by songs and dance from two nations. And while I don’t believe if was specifically planned, the two nations matched each other drumbeat by drumbeat and dance for dance, what a sight. I firmly believe we successfully conducted ourselves with an inherent component of our being, that each nation said “We must be ready!”
After many years of effort we had success! There was joy and happiness.
It was an agreement amongst Nations, crafted by those Nations!
Lessons Learned
- Must be a will from all the parties involved;
- Know your history and your culture;
- Explore options, no one approach is likely to work;
- Find your capable people that can bridge historic vs. contemporary realities (to clearly understand ‘what do we have?’ and ‘what do we want?’);
- Time-frames should not create ill will;
- Respect, honour and dignity can persevere!
Post Script
Not 100% roses:
Thank you.
Gerald D. Wesley 27-10-07