Skip to main content

BC Treaty Process - past

By

Reflection: BC Treaty Process

I wanted to reflect upon a question regarding the BC treaty negotiations.


"The new tone of the BC Government regarding treaty obligations is a good chance for renewal, but should the Indigenous nations be bargaining for the scraps left after decades upon decades of exploitation of our lands for colonial interests? If not, what can be done or should be done that will satisfy a divided Indigenous populace?"

I thought that with so much of our lands gone and the unequal negotiations that is Canada’s treaty making process, why do First Nations bother making treaties at all? Especially considering there are a number of cases in which the treaties the Canadian government signed, but did not honour. I know it brings finality and secures at least a small percentage of traditional lands, but that to me is an acceptance of colonial conquest. I am not on the opposite side of the argument either. I do not think that First Nations should get all of the lands back. It is unfeasible and I believe naïve of current realities. Canadians are here to stay, but they are visitors. I believe self-government should be the norm among our Nations. Our people have the right to self-determination, to control our own destinies. I guess the rate of progression with treaties these days is at such an agonizingly slow process and it is based upon unequal power relations. Having First Nations bear such a large portion of legal costs and fees within the negotiation process also unfairly puts pressure on the First Nation to settle under high debt loads, or to shortchange themselves within the treaty framework.

 I know that it is different in each region depending on resources, settlement and various other reasons. For the Namgis First Nation we are currently in the fourth stage – Negotiation of the Agreement in Principal. We are having consultations and informational meetings within our Nation to finalize the details of the treaty. I find myself torn between supporting a treaty and following an alternative route. We have already spent a lot of money on the process up to this point, so pulling out would seemingly be a waste of time and money. I guess the common response is we have little to lose and the possibility of gaining something. I am extremely interested in the possibilities of self-governance. The possibilities to live under our own governance system, based on traditions and past ways of governing on our lands. Since we are one tribal group among the Kwakwaka'wakw Nation, the system of governance would only be reflective of a part of our grouping, but it is a start. I hope for a resemblance of how things were governed in the past, to be implemented with a modern day sense. Our tribal group is based on a historical hierarchy, which although can be accepted traditionally, would be a hard sell to modern day citizens among important issues. It has been about five years since the Nisga’a signed their treaty and many are judging it to be a failure. Government negotiation officials have been quoted to say that Nisga’a is as good as it will get for the First Nations of BC. From what I have read, even its citizens are divided as to the success of the agreement. Again, is this a sign of things to come, another way of appeasing the ‘Aboriginals’ of Canada with no intention of real negotiation?
Labels:

Most Popular

A brief look at the impact of the potlatch ban on the Kwakwaka'wakw

By
The Kwakwaka’wakw are located on the North East of Vancouver Island as well as part of the adjacent mainland. The traditional Kwakwaka’wakw diet includes salmon, herring, eulachon, halibut, berries and to a lesser extent, goats, seals, and porpoises. The Kwakwaka’wakw social structure was organized into extended family units or ‘na’mima, which means “of one kind”. Each ‘na’mima had ranked positions or offices that came with many responsibilities and privileges. There were approximately four ‘na’mima to each of the seventeen tribes. The Kwakwaka’wakw had a comprehensive and stable governing process prior to the Indian Act, in which they successfully managed limited resources, settled legal matters and disputes within a constantly evolving traditional culture. Despite the focused legislative campaign against the core of their identity, the Kwakwaka’wakw continue to thrive and practice the traditional ceremonies given to them by their ancestors. The Kwakwaka’wakw trace thei...
Read more

Uqalurait - An oral history of Nunavut

By
I found the reading to be extremely interesting. This is the first time I have read about the Inuit as an oral accounting. As this is how it should be, I felt honoured to learn some history. I found the culture difference between the Inuit and the “Indians” they encountered to be especially important. I feel it further supports our rights as the First Nations of Turtle Island. The customs for the far north are different from the Kwakwaka'wakw and of course they would be. The dramatic differences in geography and spiritual beliefs warrants such variance. I found the spouse swapping of particular interest, simply because it was an aspect so far from current accepted Westernized culture that I actually re-read the section because I was so surprised. We have always acted in our own interests, had protocols and made love and war with the tribes around us. The romanticized Indian story is getting tired. We are nations coming together through much suffering, yet so far f...
Read more

Book Review: Smoke from their Fires: the life of a Kwakiutl chief by Clellan S. Ford.

By
It is important to describe my familial connection to Charles James Nowell, a point that brought me to read this book and no doubt influenced my understanding of it. My Great Great Grandfather was Owadi (Thomas Nowell) and was born in 1840 and died in 1921. Owadi was Charles’ older brother who took the role of raising him because their father, Malitsas, went blind. The name Nowell came from an Englishman who wanted a godson in Canada. After being baptized the name Nowell was born. Owadi was the head chief of the first clan of the Kwixa tribe. Owadi’s grandfather (mother’s father) was the younger brother of Tlakodlas (Tlakwudlas), the head chief of the second clan of the ‘Namgis (41). My grandfather, Joseph Lewis Isaac, was the son of Dorothy Isaac (nee Nowell) and Benedict Isaac. Image: Great Great Grandfather O'wadalagalis (Thomas Nowell). Smoke from their Fires offers a very brief introduction to the Kwakwaka’wakw culture followed by a first-hand account by Charles of his ...
Read more

Sea Lice, Aquaculture and 'Namgis Resistance

By
Introduction It is important to introduce my background so that the reader can fully understand my position and where I come from. My lineage derives from the 'Namgis and Kwagu’ł First Nations of the Kwakwaka’wakw (Kwak’wala speaking peoples). The Kwakwaka’wakw are located on the North East of Vancouver Island as well as part of the adjacent mainland. The traditional Kwakwaka’wakw diet includes salmon, herring, eulachon, halibut, berries and to a lesser extent, goats, seals, and porpoises. The contemporary diet has recently integrated western foods to complement the collapsed fisheries that was heavily relied on and effectively stewarded for thousands of years (Heaslip, 2008). The Kwakwaka’wakw, described as the Salmon People, have witnessed profound differences since the fish farms started appearing in their territories (Cranmer, 1998). Some of these changes include blackened clam beds, increased sea lice infestation and sea vegetation changes (Richard et al, 2005). The 'Nam...
Read more

Tsilhqot’in (Chilcotin) Landmark court decision

By
I asked a Tsilhqot’in friend to write about the how the court decision impacted his people and by extension all negotiating Kwakwaka'wakw Nations under the BC Treaty process. Russell is finishing up his Masters thesis in Indigenous Governance at the University of Victoria. His response is broken into several sections that outline the court case, how it impacts the BC treaty process and finally Russell's personal reflection on the subject. I want to extend my gratitude for this important piece of writing. It will be helpful in further understanding our position as a Nation negotiating under a illegitimate treaty process. _________________________________________ To Chiinuuks & people of the land I want to express my thoughts and share information concerning two divergences that have yet to converge. The BC Treaty Process and the Supreme Court decisions resemble two routes to playing politics in trying to gain recognition for the land that we still belong. While the province ...
Read more