Treaty Presentations
Tsimshian Community Meetings
The following is copy of the speaking notes Gerald Wesley, TFN Chief Negotiator gave to Kitselas on June 24, 2008. His presentation to Kitsumkalum at the May session was very similar.
Kitselas Community Meeting On Treaty June 24, 2008
General Background
• In Treaty effort since 1993 – TTC
• Negotiate with BC and Canada (started actively in 1996)
• First Nations borrow money – shared equally amongst the five TFN’s - Money used for:
- Office and negotiator overhead
- Research
- Professional and technical support
- Community assistance (communication/research/verifications/approval and planning)
• Forming an Agreement in Principle which includes 25 chapters e.g.:
- Lands
- Natural Resources (e.g. Fish and Forestry)
- Governance
- Fiscal, Tax and Capital Transfers
- Implementation
• On-going process – end is not yet in site (as far as a date)
Why Treaty?
• Continue the recognition that “I am Kitsumkalum” with special rights and privileges;
• Protect Aboriginal Rights and the related access for those rights;
• Land;
• Access to natural resources that provide for our people. This allows continuation of historic use and ties to the land. (How many are practicing?);
• Self-governing – our own decision making and own responsibility;
• Economic and social improvements at least comparable to mainstream society around us;
• Culture (Language, clans, history);
• Remove burdens of Indian Act (first enacted in 1876. Provides for S. 87 tax exemption)
Seek healthy, self sustaining, self governing community with a solid land base and with continuous access to natural resources!
Options to Treaty Negotiations?
• Do nothing (status quo)
• Legal actions
• Protest – civil disobedience
• Simply assert and move on the land (Gitxsan have exercised this effort)
For the most part, each of these will lead back to a form of negotiations.
Who Started the Drive For Treaty?
• Wasn’t G. Wesley or Mel Bevan;• Wasn’t BCTC although they are today’s vehicle;
• It was our people!
“ And I saw how my ancestor had been wise and had given much thought to choosing the land for his people. How he had not hurried and taken the first land he had come to, but had looked on all sides, and had come to the place where there was many salmon, and where fish could be taken with the gaff for there were no nets in those days and so, through his wisdom the people had prospered.
And I saw that my grandfather had prospered, and my father had prospered, and I had prospered…”
Walter Wright – Neas-D-Hok
Today’s archaeological evidence shows that the Canyon area has been occupied for at least 5000 years!
“We shall not consider or accept any offer from any one until our claim is settle by Justice. Our prayer is that our Title for our lands and unsurrendered lands be made clearer, recognized and acknowledged to us by both the Dominion and Provincial Governments, that is the vital point of our request or claim.”
Giga'at Chiefs, 1913
• There have been similar words of protest from Kitsumkalum; from the Nisga’a, from the ‘Allied Tribes of BC etc.
• Forefathers fought to protect the land – we still fight but in different ways – War of Words!
• Late Matriarch Vera Henry (poles) whose lineage and support continues: “..I remember sitting at the feet of my grandfather (Charles Nelson Sr.) & hearing him talk with other men about what needed to be done…” She urged us to find our way thru the treaty world!
What Have We Done?
• Reached a point where we’ve been ‘negotiating’ – not an option previously available to us;
- 1983 Canada’s Comprehensive Claims Policy said we will negotiate 1 treaty at a time (across Canada). Nisga’a was at the top of the list, Tsimshian were near the bottom.
- BC is now engaged – weren’t always (said rights extinguished & if weren’t then Canada’s responsibility);
• Conducted much historic research. Gathered it up and is available for future generations (always be more to do) & potentially for a legal framework.
- Family trees
- Names
- Clans
- Harvest areas
- Areas we’re not sure of (as far as conclusive evidence)
• Conducted Specific Claims (still some outstanding);
• Established Kitselas Canyon as a provincially and nationally recognized development;
• Gained forest tenure provisions and formed Kitselas Development Corp;
• Enter into partnership with City of Terrace on local development;
• Build capacity to respond to land and resource developments (mining, hydro, pipelines etc);
• Constitutional Amendment entrenching Aboriginal Rights:
Section 35 (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
(MLS/Bill Wilson Jody/George Watts/Joe Mathias/James Gosnell)
What’s Needed to Finish?
• Political Will!!- BC
- Canada
- First Nations Kitselas!
• Perseverance
• Patience
• A strong Vision and Objectives
• Need to know ‘when will we know if we have enough’?
_____________________
Gerald D. Wesley
July 21, 2008
Tsimshian First Nations
Terrace, B.C.