Wilps Nii Kyap Wilps Miluulak Gitxsan Nation

Transcription

1 Wilps Nii Kyap Wilps Miluulak Gitxsan Nation Kemess North Copper-Gold Mine Project Joint Canada B.C. Review Panel Hearings May 14-17,2007 Wetsu wet en Territories

2 RESPECT - Xwhlaxoosin An haahl bixhoo osxw Life is water, water is life it gives us life and sustains us, it is sacred and has our highest value, it comes from Anhlo omsxw mhl Laxha,Creator. Our gwalxyee nst in is purest form comes from Anhluut ixsxw m t ihlxw our baby girls that are pure and represent our future. We must protect live giving water for their benefit and that of our Nation.

3 Gitxsan Basics Gitxsan Society is matrilineal; we have laws that pertain to Amxnigwoot which is the fathers side clan We have strict laws of marriage which is seen as a political alliance and strengthening of blood lineage. Ownership of our Gwalxyee nst comes from connection to the Laxyip: through our Adaawk, Ayuks, Ayook, waim taa, ansiilinaasxw, an aat, all of which were recognized by the Supreme Court of Canada in Delgamuuk 1997 para 12-14

4 Characteristics of Gitxsan Society We have laws in place to challenge territory ownership that involve recitation of Adaawk and genealogy. Dispute resolution is Gawa Gyaani to us. Members of the Carrier culture group known anthropologically as cultural borrowers do utilize names of Gitxsan derivation. The term Keyoh is a word in Carrier that describes a trapline as provided for in the B.C. Wildlife Act.

5 Gitxsan Worldview Time is not seen as linear which is a Western European concept. Names are the indicator of occupation as names in Gitxsan Lineage often signify occupation. Example: Xsim git gigeenix, Wilps Miluulak who used his ansiilinaasxw according to Ayoogam Gitxsan up until 2000.

6 Important Dates for the Gitxsan The Gitxsan have defended their lands through disputes with the Crown Canadian Railway 1992 a bridge was burnt Lax yip Miluulak Ministry of Forests Lax yip Miluulak 1994 cutting wood and other cases during which consultation was the issue Various Fisheries Cases Kali Aaks Gitxsan Direct Political Action through out the territories during the mid to late 80 s Kali Aaks Gitxsan

7 Important Dates for the Gitxsan Through the Supreme courts of B.C. and Canada: Delgamuuk 1987: Ownership & Jurisdiction Delgamuuk 1993: Rights & Title Delgamuuk 1997: Rights & Title which includes ownership & Jurisdiction Yal vs. MOF 2002

8 Important Dates for the Gitxsan At no time did any of these Bands Carrier or Sekani file as intervenors and/or third party interests against the Gitxsan. Current case law is based on the Delgamuuk decision of 1997 (P. 16 appendix c) This dispute today was and is under our gawa gyaani Ayook. Which is recognized by all parties that have entered into it for time immemorial. It protects all parties.

9 Important Dates for the Gitxsan Signed a Reconciliation Agreement with the Crown in 1998: This agreement made provisions for an access road to Bear Lake which is within the Gitxsan territories. Made effort to articulate and protect interests with respect to SORR in 2004 of which Takla was a party to the agreement with the Crown. Suu Wii Aaks Watershed

10 Decision Making Wilxsilaks Niidil Wilp Simoogit & Wilp Membership Gal Ts ap K alii Aaks Gitxsan

11 Through out process. Complex relationships exist and connections are very intricate Support for issues must occur at many levels No one group or family can be completely independent the system is interdependent. Our rights are collective and we act in the collective interests of the Wilp, clan and nation

12 Colonization Efforts The attack of the European colonizers was deep and continuous. Through the dispossession of Gitxsan off their traditional territories onto reserves. Residential schools are where many Huwilp members went and some never to return some dying in custody of the Church (2 of Robert Patrick s children) or suffering unspeakable abuse. In Gitxsan territory the implementation of Band Councils did not come into real effect until the mid to late 1970 s.

13 Colonization Efforts Cont d To the banning of the feast system and efforts to extinguish the language of a matrilineal ranking, oral society. It was a criminal offense pre 1951 to hold feasts, have legal representation in any matter, to do the business of Ayoogam Gitxsan, and as a result our feasting went underground. Some Gitxsan were sent to Okalla Penitentiary for such offenses. The Gitxsan resisted the attacks and continued to practice Ayoogam Gitxsan which is why our Adaawk and social system are still in strong today.

14 Fort Connelly Was established in 1826 in Gitxsan Territory near Dam Smaex, Bear Lake(p.16 appendix c) Suu Wii Aaks Sekani were able to live at Dam Smaex without gwalxyee nst under the protection of Gawa Gyaani. This Band was dissolved in 1949 and membership was dispersed to the Bands of Gitanmaax, Iskut, and the newly created Takla Band. At this point we were unable to dispute this further dispossession being unable to have legal representation, it was a criminal offence for a lawyer to represent any claims for land There are formal records of this dissolution with Indian and Northern Affairs Canada.

15 Sustainable Watershed Planning This has been the main tool we have advanced that articulates Gitxsan Interests. There are nine watersheds: Upper Skeena, Middle Skeena, Suskwa, Suu Wii Aaks, Babine, Kispiox, Nass, Gitsegukla, Lower Skeena. Delgamuuk 1997 gave some very good tools to this process: rts & title exist, reconciliation of pre-existence of Gitxsan Society with the Crown, exclusive use &occupation, right to choose what uses the land may be put, sustainability, economic component, right to earn a modest living

16 Sustainable Watershed Planning The principles guiding this planning are: Full cost accounting, Environmental Assessment, & Eco-System management. It involves a five stage process: 1. House Profile 2. Issue Scan 3. Consultations 4. Setting of Goals, Objectives and Targets 5. Creation of an Action plan to achieve these.

17 Gitxsan Policies Our policies are based on who we are as Gitxsan and create an opportunity to reconcile our interests with the Crown. We have policies for Oil & Gas Ayook, Spagayt Gan, and Ax which includes Hon. Currently we are formulating more detail on minerals but our framework of decision making is a central part of all the policies. Ax is fundamental to life and for the Gitxsan hon, the Spagayt gan was able to provide an ecosystem that allowed our people to thrive. Our interest is to have sustainable decision making on the laxyip to ensure our Gwalxyee nst can be passed to the next generation.

18 Gitxsan Policies The policies look at the environment and biodiversity They look at pollution and contaminants They are based on our inherent right to decide land use and management of the resources The look at the conduct of user groups They deal with compliance and enforcement of Gitxsan Policies which are based on our Ayook.

19 The Proponent Mr. Dewhirst is arrogant, ethnocentric and galxsidaabuu in stating that the Gitxsan evidence is anecdotal and not correct, yet the Supreme Court of Canada gives equal weight to our Adaawk as is does to western European historical evidence.(p.16 appendix c) His analysis of Delgamuuk is flawed in that the case was not about use and occupancy but ownership based on our social system which demonstrates jurisdiction over our laxyip, resources and decision making.

20 The Proponent Delgamuuk changed aboriginal case law in moving our rights beyond usfructory and use & occupancy, which is where Mr. Dewhirst makes his narrow analysis Mr. Dewhirst has had since 1995 and has used a single family within a large Wilp to formulate his expert opinion and in academia it should be cross referenced. In the Gitxsan System this cross reference occurs in our structure of decision making that includes all parties that may be affected by any given decision. Further he relies on his own expert work in this matter.

21 The Proponent He has had unlimited resources to present his findings and we have had to produce our work with our own limited funds within serious time constraints and limitations. We have not had such access to experts that could present a fair presentation of our issues on the scientific findings put forth by the proponent.

22 The Proponent Kemess does not want to address these issues except narrowly defining interests to a single family which has matrilineal genealogical connections to the Gitxsan. They have to pay the other members of the lineage and it would be Gitxsan that they are paying. ( p. 17 Appendix C) This panel cannot rely wholly on evidence of persons who are benefiting financially from Kemess in a process to determine the best interests of all Canadians and First Nations. It must be noted that this family is connected to us it is our responsibility to collectively protect Aboriginal Rights & Title and our gawa gyanii.(p. 11 Intro Kemess)

23 The Crown Actions There is no resolution of these issues at the Treaty Table The Federal Crown has a fiduciary obligation This is a jurisdiction dispute with B.C. stating they own the water and Canada saying they own the river bed. The Liberal Government of B.C. has deregulated environmental protection legislation since coming to power. Even to accept the concurrent law model, is difficult in that the Crown does not want to follow decisions of the Courts respecting Aboriginal Rights and Title.

24 Patrick Family Joe Bob is a sibling to Charles Sampson s mother Mary Magdalene. All thirteen siblings grew up on the land in the vicinity of this project. A cohort of Joe Bob through genealogy would be Peter Abraham as their parents were siblings. His authority comes from Gitxsan Gwalxyee nst: Wilps Nii Kyap, Adaawk, Lax yip, Ayoogam Gitxsan and through Amxnigwoot Miluulak. Louise Johnny is his biological niece through the matriline of his brother David Bob and may be considered in succession, but is also the same cohort as Charles Sampson. (p.p. 8-9, 17 Appendix C)

25 Patrick Family Peter Abraham is from Wilps Nii Kyap. Thomas Patrick is from Wilps Miluulak. Louise Johnny is from Wilps Miluulak. (p.p. 8-9, 17 Appendix C)

26 Genealogy Bob Patrick Amelia Bob Wilps Nii Kyap Robert Patrick Wilps Nii Kyap William Dennis(Bob) Wilps Nii Kyap Peter Abraham Joe Bob Mary Magdalene David Bob Charles Sampson Wilps Nii Kyap Louise Johnny Wilps Miluulak Thomas Patrick Wilps Miluulak (Page 8 Appendix C)

27 In Closing The Gitxsan created the test for Aboriginal Rights and Title through Delgamuuk The Supreme Court of B.C. recognized prima facie rights and title for the Gitxsan in Ax (water) cannot be valued through a economic benefit for a person, band or family it is a collective responsibility of the Gitxsan nation to protect it as part of our Gwalxyee nst. The Crown of Canada and or its agents must act honorably or it will forfeit its asserted ability to act in a just manner when dealing with Wilps Nii kyap, Wilps Miluulak, and the Gitxsan Nation.