STATEMENT OF THE NISHGA NATION OR TRIBE OF INDIANS. 1913

Tags

Land claims, Naas, Nisga'a, Nishga

From time immemorial the Nishga Nation or Tribe of Indians possessed, occupied and used the territory generally known as the Valley of the Naas River, the boundaries of which are well defined. The claims which we make in respect of this territory are clear and simple. We lay claim to the rights of men. We claim to be aboriginal inhabitants of this country and to have rights as such. We claim that our aboriginal rights have been guaranteed by Proclamation of King George Third and recognized by Acts of the Parliament of Great Britain. We claim that holding under the words of that Proclamation a tribal ownership of the territory, we should be dealt with in accordance with its provision, and that no part of our lands should be taken from us or in any way disposed of until the same has been purchased by the Crown. By reason of our aboriginal rights above stated, we claim tribal ownership of all fisheries and other natural resources pertaining to the territory above-mentioned.

For more than twenty-five years, being convinced that the recognition of our aboriginal rights would be of very great material advantage to us and would open the way for the intellectual, social and industrial advance of our people, we have, in common with other tribes of British Columbia, actively pressed our claims upon the Governments concerned. In recent years, being more than ever convinced of the advantages to be derived from such recognition and fearing that without such the advance of settlement would endanger our whole future, we have pressed these claims with greatly increased earnestness.

Some of the advantages to be derived from establishing our aboriginal rights are

1. That it will place us in a position to reserve for own use and benefit such portions of our territory as are required for the future well-being of our people.
2. That it will enable us to a much greater extent and in a free and independent manner to make use of the fisheries and other natural resources pertaining to our territory.
3. That it will open the way for bringing to an end as rapidly as possible the system of Reserves and substituting a system of individual ownership.
4. That it will open the way for putting an end to all uncertainty and unrest, bringing about a permanent and satisfactory settlement between the white people and ourselves, and thus removing the danger of serious trouble which now undoubtedly exists.
5. That it will open the way for our taking our place as not only loyal British subjects but also Canadian citizens, as for many years we have desired to do.

In thus seeking to realize what is highest and best for our people, we have encountered a very serious difficulty in the attitude which has been assumed by the Government of British Columbia. That Government has neglected and refused to recognize our claims, and for many years has been selling over our heads large tracts of our lands. We claim that every such transaction entered into in respect of any part of these lands under the assumed authority of the Provincial Land Act has been entered into in violation of the Proclamation above mentioned. These transactions have been entered into notwithstanding our protests, oral and written, presented to the Government of British Columbia, surveyors employed by that Government and intending purchasers.

The request of the Indian Tribes of British Columbia made through their Provincial Organization, that the matter of Indian title be submitted to the Judicial Committee of His Majesty’s Privy Council, having been before the Imperial Government and the Canadian Government for three years, and grave constitutional difficulties arising from the refusal of British Columbia to consent to a reference, having been encountered in dealing with that request, we resolved independently and directly to place a petition before His Majesty’s Privy Council. In following that course we desire to act to the fullest possible extent in harmony both with other tribes of British Columbia and with the Government of Canada.

We are informed that Mr. J. A. J. McKenna sent out by the Government of Canada has made a report in which he does not mention the claims which the Indians of the Province have been making for so many years, and assigns as the cause of all the trouble, the reversionary claim of the Province. Whatever other things Mr. McKenna found out during his stay, we are sure that he did not find out our mind or the real cause of the trouble. We are also informed of the agreement relating only to the so-called reserves which was entered into by Mr. McKenna and Premier McBride. We are glad from its provisions to know that the Province has expressed willingness to abandon to a large extent the reversionary claim which has been made. We cannot, however, regard that agreement as forming a possible basis for settling the land question. We cannot concede that the two Governments have power by the agreement in question or any other agreement to dispose of the so-called Reserves or any other lands of British Columbia, until the territory of each nation or tribe has been purchased by the Crown as required by the Proclamation of King George Third.

We are also informed that in the course of recent negotiations, the Government of British Columbia has contended that under the terms of Union the Dominion of Canada is responsible for making treaties with the Indian Tribes in settlement of their claims. This attempt to shift responsibility to Canada and by doing so render it more difficult for us to establish our rights, seems to us utterly unfair and unjustifiable. We cannot prevent the Province from persisting in this attempt, but we can and do respectfully declare that we intend to persist in making our claim against the Province of British Columbia for the following among other reasons:

1. We are advised that at the time of Confederation all lands embraced within our territory became the property of the province subject to any interest other than that of the province therein.
2. We have for a long time known that in 1875 the Department of Justice of Canada reported that the Indian Tribes of British Columbia are entitled to an interest in the lands of the province.
3. Notwithstanding the report then made and the position in accordance with that report consistently taken by every representative of Canada from the time of Lord Dufferin’s speeches until the spring of the present year, and in defiance of our frequent protests, the Province has sold a large proportion of the best lands of our territory and has by means of such wrongful sales received a large amount of money.
4. While we claim the right to be compensated for those portions of our territory which we may agree to surrender, we claim as even more important the right to reserve other portions permanently for our own use and benefit, and beyond doubt the portions which we would desire so to reserve would include much of the land which has been sold by the Province.

We are not opposed to the coming of the white people into our territory provided this be carried out justly and in accordance with the British principles embodied in the Royal Proclamation. If, therefore, as we expect, the aboriginal rights which we claim should be established by the decision of His Majesty’s Privy Council, we would be prepared to take a moderate and reasonable position. In that event, while claiming the right to decide for ourselves the terms upon which we would deal with our territory, we would be willing that all matters outstanding between the Province and ourselves should be finally adjusted by some equitable method to be agreed upon which should include representation of the Indian Tribes upon any Commission which then might be appointed.

The above statement was unanimously adopted at a meeting of the Nishga Nation or Tribe of Indians held at Kincolith on the 22nd day of January, 1913, and it was resolved that a copy of same be placed in the hands of each of the following:—The Secretary of State for the Colonies, the Prime Minister of Canada, the Minister of Indian Affairs, the Minister of Justice, Mr. J. M. Clark, K.C., Counsel for the Indian Rights Association of British Columbia, and the Chair-man of the ” Friends of the Indians of British Columbia.”

1. J. LINCOLN, Chairman of Meeting.

 

Advertisements

Xwe-Nal-Mewx Declaration, 1988

Tags

Coast Salish, Declaration, Sovereignty, Xwe Nal Mewx

Also called, Coast Salish Declaration

Begins:

“We know the Creator put us here. We know our Creator gave us laws that govern all our relationships to live in harmony with nature and mankind; defined our rights and responsibilities.

“We have the right to govern ourselves and the right to self-determination. Our rights and responsibilities cannot be altered or taken away by any other nation.

“We have our spiritual beliefs, our languages, our culture, and a place on Mother Earth which provides us with all our needs.

“We have maintained our freedom since time immemorial. …We declare and affirm to the people that… the Xwe-Nal-Mewx have held and till hold title to all lands, waters and resources within our traditional territories. ….”

Full text: xwe-nal-mewx-declaration-coast-salish

Declaration of the Tahltan Tribe, 1910

We, the undersigned members of the Tahltan tribe, speaking for ourselves, and our entire tribe, hereby make known to all whom it may concern, that we have heard of the Indian Rights movement among the Indian tribes of the Coast, and of the southern interior of B.C.. Also we have read the Declaration made by the chiefs of the southern interior tribes at Spences Bridge on the 16th July last, and we hereby declare our complete agreement with the demands of same, and with the position taken by the said chiefs, and their people on all the questions stated in the said Declaration, and we furthermore make known that it is our desire and intention to join with them in the fight for our mutual rights, and that we will assist in the furtherance of this object in every way we can, until such time as all these matters of moment to us are finally settled. We further declare as follows:—

Firstly—We claim the sovereign right to all the country of our tribe—this country of ours which we have held intact from the encroachments of other tribes, from time immemorial, at the cost of our own blood. We have done this because our lives depended on our country. We have never treated with them, nor given them any such title. (We have only very lately learned the B.C. government makes this claim, and that it has for long considered as its property all the territories of the Indian tribes in B.C.)

Secondly--We desire that a part of our country, consisting of one or more large areas (to be erected by us),be retained by us for our own use, said lands and all thereon to be acknowledged by the government as our absolute property. The rest of our tribal land we are willing to relinquish to the B.C. government for adequate compensation.

Thirdly—We wish it known that a small portion of our lands at the mouth of the Tahltan river, was set apart a few years ago by Mr. Vowell as an Indian reservation. These few acres are the only reservation made for our tribe. We may state we never applied for the reservation of this piece of land, and we had no knowledge why the government set it apart for us, nor do we know exactly yet.

Fourthly–-We desire that all questions regarding our lands, hunting, fishing, etc., and every matter concerning our welfare, be settled by treaty between us and the Dominion and B.C. governments.

Fifthly—We are of the opinion it will be better for ourselves, also better for the governments and all concerned, if these treaties are made with us at a very early date, so all friction, and misunderstanding between us and the whites may be avoided, for we hear lately much talk of white settlement in the region, and the building of railways, etc., in the near future.

 

Signed at Telegraph Creek, B.C., this eighteenth day of October, nineteen hundred and ten, by

Nanok, Chief of the Tahltans

Nastulta, alias Little Jackson

George Assadza, Kenetl, alias Big Jackson

and eighty other members of the tribe

Nuxalk Nation Position 1995

Tags

aboriginal rights, aboriginal title, Canadian Charter, House of Smayusta, INTERFOR, Ista, Nuxalk, Royal Proclamation 1763, Sovereignty

Nuxalk Nation Position

September 10, 1995

First of all we, the Nuxalk Nation, would like to acknowledge Tatau, The Creator, through Manakays, the Great Spirit, for all that he has provided since the beginning of time and still provides today.

We, the Nuxalk Nation, stand in the position of sovereignty against International Forest Products (INTERFOR). We cannot and will never as the Nuxalk Nation compromise this position.

The Sovereignty of the Nuxalk Nation comes from Tatau, the Creator. It is not granted nor subject to the approval of any other nation. As the Nuxalk Nation we have the sovereign right to jurisdictional rule within our own territory. Our lands are a sacred gift. The land is provided for the continued use, benefit and enjoyment of our people, the Nuxalkmc, and it is our ultimate obligation to Tatau, the Creator, to care for and protect it.

INTERFOR has continually raped our lands and continues to do so today! Our old villages, hunting grounds, fishing grounds, grave sites and sacred areas are being destroyed. Our fish and animals that we need to feed our peoples are disappearing. Our food plants, medicinal plants and trees are being trampled on and destroyed, all for the corporate value of the lumber.

We, the Nuxalk Nation, take this stand today and forever to state: “That we are appalled at what INTERFOR has done and is still doing today, to our Nuxalkmc Territory. We have never nor will we ever give our consent to INTERFOR or any other corporation to develop within our territory.

“Our territory is ours, the Nuxalkmc, and we have never ceded it to the Canadian or B.C. provincial government.

“Our nation is not interested in entering into any treaties (B.C. Treaty Commission), agreements or any sort of arrangement with the Canadian government or the British Columbia government concerning our Nuxalk Nation hereditary rights and title.”

The power that these two governments claim to have over our territory is an illegal power within their own jurisdiction as shown in the Constitution which reflects to the Royal Proclamation of 1763.

The following section is from the Canadian Charter of Rights and Freedoms to remind you that the Royal Proclamation is still legal and binding.

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Guarantee of Rights and Freedoms….

General

25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal people of Canada including
26. a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
27. b) any rights or freedoms that now exist by way of land claim agreements or may be so acquired.

The following section is recited from the Royal Proclamation of October 7, 1763:

The Royal Proclamation of October 7, 1763, (by the King, A proclamation, George R)

And whereas it is just and reasonable, and essential to Our Interest and the Security of Our Colonies, that the several Nations or Tribes of Indians, with whom We are connected, and who live under Our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to, or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds;

… beyond the Heads or Sources of any of the Rivers which fall into the Atlantick Ocean from the West and North-West, or upon any Lands whatever, which, not having been ceded to, or purchased by Us as aforesaid, are reserved to the said Indians, or any of them. And

…lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West, as aforesaid; and We do hereby strictly forbid, …Our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without Our especial Leave and Licence for that Purpose first obtained. And We …strictly …require all Persons… who have either wilfully or inadvertently seated themselves upon … Lands, which, not having been ceded to, or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements.

… if, at any Time, any of the said Indians should be inclined to dispose of the said Lands, that same shall be purchased only for Us, in Our Name, at some publick Meeting or Assembly of the said Indians to be held for that Purpose by the Governor or Commander in Chief of Our Colonies  … and in case they shall lie within the Limits of any Proprietary Government, they shall be purchased only for the Use and in the Name of such Proprietaries, conformable to such Directions and Instructions as We or they shall think proper to give for that Purpose…

The sovereign Nuxalk Nation Chiefs have given INTERFOR notice that they are trespassing on Nuxalk Nation Territory that has never been sold or ceded, and that the Canadian court system has no jurisdiction over our territory. This is also to serve notice that we do not recognize any court injunctions served to any Nuxalkmc or to our guests (Forest Action Network) of the Nuxalk Nation invited into our traditional territory by our hereditary leadership.

So, with this, we, the Nuxalk Nation will do whatever we have to within our own traditional Nuxalk jurisdiction to stop INTERFOR from any development on our territory. We do this as our obligation to Tatau, the Creator, and also to ensure that our lands provided for our children, grandchildren and children yet unborn.

Way!

NUXALK STRONG NUXALK FOREVER

Signed:

Chief Nuximlayc (Lawrence Pootlass)

Chief Qwatsinas (Edward Moody)

Chief Liciwmutu7gayc (Taylor T)

Chief Slicxwliqw’ (Charles Nelson)

Chief Sats’alanlh (Peter Schooner)

…and others

House of Smayusta

PO Box 8, Bella Coola, V0T 1C0

Lil’wat BCR 1989: to dissolve imposed ‘Indian Act’ band council

Tags

aboriginal rights, BCR, Canada, Canadian Constitution, Lil'wat

Band Council Resolution

The Council of the Mount Currie Band

Vancouver District

British Columbia

November 9, 1989

Do Hereby Resolve:

The Chief and Council of the Líl’wat Nation, in response to a consensus of the Líl’wat People, is advising the Prime Minister of Canada, by means of this resolution, as follows:

WHEREAS the Líl’wat Nation does not have a treaty with Canada,

WHEREAS the Royal Proclamation 1763 is a statute of Canada that requires First Nations’ consent to land cessions by treaty, and imposes on Canada an agency-like trust obligation to serve the best interests of treaty and non-treaty peoples,

WHEREAS the Líl’wat Nation did not consent to provincial laws, settlements, policies or other measures that purport to extinguish Líl’wat Title to traditional territories and resources, and which demonstrate Canada’s failure to protect Líl’wat interests against third parties,

WHEREAS Líl’wat traditional territories have been expropriated without consent or compensation, and Líl’wat political, cultural, spiritual and economic institutions have been subjected to process of destruction sanctioned by federal legislation and policy, in contradiction to Canada’s trust obligation,

WHEREAS the Líl’wat Nation can document and prove that severe economic, social, psychological, and physical damage has been inflicted on Líl’wat as a people, and as families and individuals, by Canada and by agencies acting on Canada’s behalf,

The Chief and Council, acting on behalf of Líl’wat, do therefore resolve and declare that they:

• Assert their original title to all Líl’wat traditional territories and resources, which have been demarcated by Líl’wat boundary markers from time immemorial.
• Reject the governance of the ‘Indian Act’ in its present and any future amended versions because it is based on precepts that deny the fundamental rights of Líl’wat people to function and survive as a distinct Nation enjoying sovereign powers on Líl’wat traditional territories.
• Reject such concepts as devolution which assume the Líl’wat people are progressing through succeeding stages of ‘fitness’ to a condition of total assimilation and absorption into the general population of Canada.
• Reject fiscal arrangements between Canada and the Líl’wat Nation which require that program design, standards and priorities be determined and managed in accordance with prescriptions laid down by Canada and the province in accordance with their laws, rather than Líl’wat laws.

AND FURTHERMORE, the Chief and Council, acting on behalf of Líl’wat do resolve and declare that hereafter:

• Líl’wat is embarking on a transitional period of reconstruction and renewal which will preserve the Chief and Council system imposed by the ‘Indian Act’ only until such time as a Líl’wat Government by and for its people is fully restored.
• Líl’wat expects Canada to enter into bilateral negotiations to determine the amount of reparations payable to Líl’wat for damages resulting from unlawful expropriations of territory and resources, environmental degradation on Líl’wat territories and damages inflicted on Líl’wat society and people.
• In the interim, Líl’wat is classifying the accumulated value of federal funding to date for capital improvements on Líl’wat traditional territories as offsets to the reparation debt owed by Canada to Líl’wat. Funding for services which have contributed to the dislocation and degradation of Líl’wat society shall not be entered into this calculation.
• Agreement between Canada and Líl’wat on a reparation amount shall represent the total amount that will be paid to Líl’wat in annual instalments, and shall be the source from which Líl’wat will cover all its future program costs.
• And finally, concurrently with the discharge of Canada’s reparation debts to Líl’wat over time, Canada and Líl’wat will enter into negotiations for the admission of the Líl’wat Nation into confederation as a distinct society with a defined sphere of sovereignty entrenched in the Constitution, and Líl’wat territories permanently established and protected by boundaries.

This resolution was passed at a duly convened meeting of the Chief and Council on November 9, 1989.

A quorum of this Band is seven.

(Signed)

Chief Fraser Andrew

Councillors

Marie Leo

Vera Edmonds

Cecil M. Edmonds

Brian Lester

Katherine Wallace

Allan Stager

George Leo

Marvin Wells

Shirley Wallace

Joe Joseph

Felicity Nelson

Normaline Lester

“ALL OUR RELATIONS” A DECLARATION OF THE SOVEREIGN INDIGENOUS NATIONS OF BRITISH COLUMBIA

Tags

aboriginal rights, aboriginal title, All Our Relations, Declaration, Indigenous Peoples, UBCIC

We, the Indigenous leaders of British Columbia, come together united and celebrate the victory of the Tsilhqot’in and Xeni Gwet’in peoples in securing recognition of their Aboriginal title and rights – and all those Indigenous Nations and individuals that have brought important court cases over the years resulting in significant contributions in the protection and advancement of Aboriginal title and rights, including the Nisga’a, Gitxsan, Wet’suwet’in, Haida, Taku River Tlingit, Musqueam, Heiltsuk and Sto:lo – shining light on the darkness of years of Crown denial of our title and rights. After pursuing different pathways, we now come together to make this solemn Declaration out of our common desire to be unified in affirming our Aboriginal title.

As the original Peoples to this land, we declare:

• We have Aboriginal title and rights to our lands, waters and resources and that we will exercise our collective, sovereign and inherent authorities and jurisdictions over these lands, waters and resources,
• We respect, honour and are sustained by the values, teachings and laws passed to us by our ancestors for governing ourselves, our lands, waters and resources.
• We have the right to manage and benefit from the wealth of our territories.
• We have the inalienable sovereign right of self-determination. By virtue of this right, we are free to determine our political status and free to pursue our economic, social, health and well-being, and cultural development.
• We have diverse cultures, founded on the ways of life, traditions and values of our ancestors, which include systems of governance, law and social organization.
• We have the right to compensation and redress with regard to our territories, lands and resources which have been confiscated, taken, occupied, used or damaged without our free, prior and informed consent.
• We will only negotiate on the basis of a full and complete recognition of the existence of our title and rights throughout our entire lands, waters, territories and resources.
• We acknowledge the interdependence we have with one another and respectfully honour our commitment with one another where we share lands, waters and resources. We commit to resolving these shared lands, waters and resources based on our historical relationship through ceremonies and reconciliation agreements.
• We endorse the provisions of the UN Declaration on the Rights of Indigenous Peoples and other international standards aimed at ensuring the dignity, survival and well-being of Indigenous peoples.

We commit to:

• Stand united today and from this time forward with the Tsilhqot’in and with each other in protecting our Aboriginal title and rights.
• Recognize and respect each other’s autonomy and support each other in exercising our respective title, rights and jurisdiction in keeping with our continued interdependency.
• Work together to defend and uphold this Declaration.

We, the undersigned, represent First Nations who carry a mandate to advance Title and Rights in our homelands today referred to as British Columbia and exercise our authorities in making this Declaration. We welcome other First Nations not present today to adhere to this Declaration if they so choose.

Signed by UBCIC Chiefs on November 29, 2007

Líl’wat Nation Declaration January 14, 1983

Tags

Canadian Constitution, Lil'wat

We, the People of the Líl’wat Nation declare that our land and rights as a Nation have never been relinquished by ourselves. The Creator placed us here on our land with the right to self-determination. The right to self-determination and the right to exist as a people is sacred in our way, and we believe we have that right.

Canada’s unilateral action in patriating its constitution without the consent of the Indian people and its blatant disregard of rights to self-determination of Indian People is regarded by the Líl’wat Nation as a bold and callus act against sovereign people.

To ensure the protection of our Lil’wat Nation against any aggressive action by another nation or infringement by any colonial power or government,

WE, THE LIL’WAT NATION THUS SHALL AND FOREVER MORENEVER AGREE TO ASSIGN OUR RIGHTS TO ANY PERSON OR COLONIAL POWER OF GOVERNMENT, THUS:

1. We will not be invitees to a conference where our rights as a sovereign people is to be discussed. Our attending such a conference will be as equal participants.
2. Lil’wat People’s participation must be full, equal and ongoing at all levels of discussion whether preparatory or otherwise.
3. Our representation will be chosen by our people and not by anyone or by any other colonial power or government.
4. No decision affecting Lil’wat Peoples’ rights shall be made withut first receiving our consent and bearing the Lil’wat Government’s seal.
5. Lil’wat people will decide how our consent is to be given.

Signed by: Chief Leonard Andrew

Lil’wat delegation meeting with UN Special Rapporteur on the Rights of Indigenous Peoples, S. James Anaya, October 10, 2013, Musqueam.

Gitksan-Carrier (Wet’suwet’en) Declaration, 1977

Tags

Carrier, Gitksan, Gitxsan, Nishga Declaration 1980, Wet'suwet'en

Since time immemorial, we. The Gitksan and Carrier People of Kitwanga, Kitseguecla, Gitanmaax, Sikadoak, Kispiox, Hagwilget and Moricetown, have exercised Sovereignty over our land. We have used and conserved the resources of our land with care and respect. We have governed ourselves. We have governed the land, the waters, the fish and the animals. This is written on our totem poles. It is recounted in our songs and dances. It is present in our language and in our spiritual beliefs. Our Sovereignty is our Culture.

Our Aboriginal Rights and Title to this Land have never been extinguished by treaty or by any agreement with the Crown. Gitksan and Carrier Sovereignty continue within these tribal areas.

We have suffered many injustices. In the past, the development schemes of public and private enterprise have seriously altered Indian life and culture. These developments have not included, in any meaningful way, our hopes, aspirations and needs.

The future must be different. The way of life of our people must be recognized, protected and fostered by the Governments of Canada and the Laws of Canada. Only then will we be able to participate fully in Canadian society.

We, the Gitksan and Carrier People, will continue to exercise our Sovereignty in the areas of Education, Social and Economic Development, Land Use and Conservation, Local and Regional Government.

We have waited one hundred years. We have been patient. Through serious negotiation, the basis for a meaningful and dignified relationship between the Gitksan and Carrier People and the Governments of Canada and of British Columbia will be determined. These negotiations require mutual and positive participation by the Federal Government and the Provincial Government.

Today, the Governments of Canada and British Columbia undertake a bold new journey to negotiate with the Gitksan and Carrier People. During this journey, we will fulfill the hopes and aspirations of our ancestors and the needs of future generations.

Let us begin negotiations.

Recognize our Sovereignty, recognize our rights, so that we may fully recognize yours.

Kispiox

November 7, 1977

Note: since this Declaration it has become usual to use the name “Wet’suwet’en” instead of “Carrier” in the case of the houses which allied with the Gitxsan in the Delgam Uukw court action.

Carrier Sekani Declaration, 1982

Tags

Carrier, Nishga Declaration 1980, Sekani

Carrier Sekani Declaration and Claim, 1982

April 15th, 1982

Whereas we of the Carrier and Sekani Tribes have been, since time immemorial, the original owners, occupants and users of the north central part of what is now called the province of British Columbia and more specifically that area of the said province outlined in red contained in the map attached hereto as schedule “A” [herein referred to as “the said lands”].

And whereas in addition to the original ownership, occupancy and use, we have exercised jurisdiction as a sovereign people over the said lands since time immemorial,

And whereas this original ownership, occupancy and use, and jurisdiction by our people over the said lands has never been surrendered by our people through conquest, treaty or any other legal means to the British Crown or to its colonial governments or to the Crown in right of the province of British Columbia or to the Crown in right of Canada or to any other government,

And whereas this original ownership, occupancy and use by our people, and jurisdiction over the said lands has never been superseded by law,

And whereas much of the said lands is, without our consent, now occupied and its resources used by peoples not indigenous to our lands,

And whereas such occupation and use by non indigenous people to the said lands is without compensation to our people,

We, the representatives of the Carrier and Sekani Tribes hereby declare and assert our continued original ownership, occupancy and use of, and jurisdiction over the said lands and all its resources,

And we further declare and assert the continued existence of those rights which flow from our original ownership, occupancy and use of, and the jurisdiction of the said lands and all its resources,

And further we hereby demand of the governments of Canada and British Columbia compensation for their past, present and proposed use and occupancy of our lands and all its resources.

Executive of the Carrier Sekani Tribal Council

Cowichan Petition, 1909

Tags

Arthur O'Meara, Charles Tate, Cowichan, Cowichan Petition full text, Privy Council

Cowichan Petition

March, 1909

Missionaries Charles Tate and Arthur O’Meara draft the Cowichan Petition on behalf of the Quw’utsun’ and present it to colonial authorities in London. The ten-page petition asserts Quw’utsun’ possession and occupation of their land since “time immemorial” and invokes the 1763 Royal Proclamation as a guarantee that these lands, not having been surrendered to the Crown, remain reserved for the Quw’utsun’. In doing so, the Quw’utsun’ regard the “Proclamation of their great father, King George III as the Charter of their rights.”

– UBCIC, Stolen Lands, Broken Promises. Chapter 1: Dispossession and Resistance in British Columbia.

Full Text of the Cowichan Petition:

The King’s Most Excellent Majesty:

The Humble Petition of the Cowichan Tribe of Indians in the Province of British Columbia in the Dominion of Canada one of Your Majesty’s Dominions Beyond the Seas.

SHOWETH:

1. THAT from time immemorial the Cowichan Tribe of Indians have been the possessors and occupants of the territory including the Cowichan Valley containing a large area and situate within the Territorial limits of the said Province of British Columbia.
2. The Indian title to said territory was always recognized by Your Majesty’s predecessors. This Indian Title was expressly recognized and affirmed by the Proclamation issued by Your Majesty’s predecessor King George III on the 7^th of October, 1763. This proclamation ordained among other things as follows:

“And whereas it is just and reasonable, and essential to Our Interest and the Security of Our Colonies, that the several Nations or Tribes of Indians, with whom We are connected, and who live under Our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to, or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds; We do therefore, with the Advice of Our Privy Council, declare it to be Our Royal Will and Pleasure, that no Governor or Commander in Chief in any of Our Colonies of Quebec, East Florida, or West Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions; as also, that no Governor or Commander in Chief in any of Our other Colonies or Plantations in America, do presume, for the present, and until Our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantick Ocean from the West and North-West, or upon any Lands whatever, which, not having been ceded to, or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.

“And We do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve under Our Sovereignty, Protection, and Dominion, for the Use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three New Governments, or within the Limits of the Territory granted to the Hudson’s Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West, as aforesaid; and We do hereby strictly forbid, on Pain of Our Displeasure, all Our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without Our especial Leave and Licence for that Purpose first obtained.

“And We do further strictly enjoin and require all Persons whatever, who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described, or upon any other Lands, which, not having been ceded to, or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements.

“And whereas great Frauds and Abuses have been committed in the purchasing Lands of the Indians, to the great Prejudice of Our Interests, and to the great Dissatisfaction of the said Indians.

“In order therefore to prevent such Irregularities for the future, and to the End that the Indians may be convinced of Our Justice, and determined Resolution to remove all reasonable Cause of Discontent, We do, with the Advice of Our Privy Council, strictly enjoin and require, that no private Person do presume to make any Purchase from the said Indians of any Lands reserved to the said Indians, within those Parts of Our Colonies where We have thought proper to allow Settlement; but that if, at any Time, any of the said Indians should be inclined to dispose of the said Lands, that same shall be purchased only for Us, in Our Name, at some publick Meeting or Assembly of the said Indians to be held for that Purpose by the Governor or Commander in Chief of Our Colonies respectively, within which they shall lie.”

The lands belonging to and claimed by the said Cowichan Tribe as aforesaid were never ceded to or purchased by the Crown nor was the Indian title otherwise extinguished. These lands were not within the limits of the territory at the date of the said proclamation namely, 7^th October, 1763, granted to the Hudson’s Bay Company.

The said lands were, therefore, within the terms of the said proclamation lands reserved for the said Indians.

The said Cowichan Tribe as well as all Indians in North America have always regarded the said Proclamation of their great father King George III as the Charter of their rights.

The proclamation was decided in the case of Campbell v. Hall, 1 Cowper 204, by Lord Mansfield, Chief Justice England, to have the effect and operation of a Statute of the Imperial Parliament.

Ever since the date of the said proclamation the Indians have continued to be the firm and faithful allies of the Crown and have rendered important military service especially in two wars, the war of the Revolution and that of 1812 and these services were expressly referred to in the judgment of Mr. Justice Strong in the St. Catharines Milling & Lumber Company v The Queen, 4 Cartwright page 137.

The title of the Indians is recognized in various Imperial Statutes relating to British Columbia before the Confederation of 1867 in which the lands in question are referred to as “Indian Territories.” This is also recognized by the fourteen Indian treaties made by Sir James Douglas as agent for the Hudson Bay Company which Treaties are set forth in the Sessional papers of British Columbia for 1876 at page 165 et seq. The same state of affairs is recognized in the correspondence between the Secretary of State for the Colonies and Sir James Douglas during the years 1858 to 1861. These are set forth in the said sessional papers at page 172 and following.

In a report made by the Indian Commissioners appointed by the Government of Canada dated 22^nd January, 1844, and made while the Indian affairs of Canada were still under the direction of the Imperial Government the Indian Commissioners say “The subsequent proclamation of His Majesty George III issued in 1763 furnished them (the Indians) with a fresh guarantee for the possession of their hunting grounds and the protection of the Crown. This document the Indians look upon as their Charter. They have preserved a copy of it to the present time and have referred to it on several occasions in their representations to the Government.”

“Since 1763 the Government adhering to the Royal Proclamation of that year have not considered themselves entitled to dispossess the Indians of their lands without entering into an agreement with them and rendering them some compensation. For a considerable time after the conquest of Canada the whole of the Western part of the upper province with the exception of a few military posts on the frontier and a great extent of the eastern part was in their occupation. As the settlement of the country advanced and the land was required for new occupants rendered their removal desirable the British Government made successive agreements with them for the surrender of portions of their lands.”

The Indian title and rights were also fully recognized by the Legislature of Vancouver Island as shown by the petition of the House of Assembly of Vancouver Island referred to in the Sessional Papers of British Columbia 1876 page 179 et seq. And in reply to the said petition the Right Honourable the Secretary of State for the Colonies in his dispatch from Downing Street dated 19^th October, 1861, says “I am fully sensible of the great importance of purchasing without loss of time the native title to the soil of Vancouver Island.”

In his judgment in the St. Catharine’s Milling case, 4 Cart, 181 Mr. Justice Gwynne quotes from a report made in 1856 by Royal Commissioners appointed to investigate the Indian Land question as follows: – “By the proclamation of 1763 territorial rights akin to those asserted by Sovereign Princes are recognized as belonging to the Indians, that is to say, that none of their land can be alienated except by Treaty made publicly between the Crown and them.”

At the time of the union of British Columbia with the Dominion of Canada section 109 of the British North America Act 1867 was incorporated in the terms of the union and expressly reserves and protect(s) the Indian title to the said lands.

The rights of your Petitioners in respect of said lands therefore at Confederation remained and still continue to be under the “sovereignty, protection and dominion” of Your Majesty by virtue of the said Proclamation of 7^th October, 1763.

In the St. Catharines Milling and Lumber Company v The Queen, 14 Appeal Cases Pages 56 and 59 Lord Watson refers to the interest of the Indians in the land as a burden upon the estate of the Crown and an interest other than that of the Province in the same within the meaning of Section 109 of the British North America Act. It is contended therefore, that the Indian title to the said lands remains in full force and effect.

This Indian title was referred to in the address of Lord Dufferin Governor-General of Canada to the Legislative Assembly of British Columbia made on the 20^th day of September, 1876.

“From my first arrival in Canada I have been very much pre-occupied with the condition of the Indians population in the Province. You must remember that the Indian population are not represented in Parliament and consequently that the Governor-General is bound to watch over their welfare with special solicitude. Now we must all admit that the condition of the Indian question in British Columbia is not satisfactory. Most unfortunately as I think there has been an initial error, ever since Sir James Douglas quitted office in the Government of British Columbia neglecting to recognize what is known as the Indian title. In Canada this has always been done: no Government whether Provincial or central has failed to acknowledge that the original title to the land existed in the Indian tribes and communities that hunted or wandered over them. Before we touch an acre we make a treaty with the Chiefs representing the bands we are dealing with, and having agreed upon and paid our stipulated price often times arrived at after a great deal of haggling and difficulty we enter into possession but not until then do we consider that we are entitled to deal with an acre. The result has been that in Canada our Indians are contented well affected to the white men and amenable to the laws and Government.”

The title of your Petitioners has been wrongfully repudiated and ignored by the Government of the Province of British Columbia.

By the Thirteenth Article of the terms of admission of British Columbia into Confederation it is provided “that the charge of the Indians and the trusteeship and management of the lands reserved for their use and benefit shall be assumed by the Dominion Government and a policy as liberal as that hitherto pursued by the British Columbia Government should be continued by the Dominion Government after union” and it was further provided “to carry out such policy tracts of land of such extent as it has hitherto been the practice of the British Columbia Government to appropriate for that purpose shall from time to time be conveyed from the local to the Dominion Government in trust for the use and benefit of the Indians on application of the Dominion Government: and in case of disagreement between the two Governments respecting the quantity of such tracts of land to be so granted the matter shall be referred for the decision of the Secretary of State for the Colonies.”

The Dominion Government endeavoured to have such reserves set aside but did not succeed in so doing and such reserves have not up to the present time been conveyed by the Provincial Government to the Dominion Government.

In a Memorandum dated the 2^nd day of November, 1874, and approved by his Excellency the Governor-General on the 4^th of November, 1874, the Minister of the Interior says “The undersigned would respectfully recommend that the Government of the Dominion should make an earnest appeal to the Government of British Columbia if they value the peace and prosperity of their Province – if they desire that Canada as a whole should retain the high character she has earned for herself by her just and honourable treatment of the red men of the forest to reconsider in a spirit of wisdom and patriotism the land grievances of which the Indians of that Province complain apparently with good reason and take such measures as may be necessary promptly and effectually to redress them.”

Up to the present time this appeal has been unsuccessful.

In the report of the Deputy Superintendent of Indian affairs 31^st December, 1877, referring to British Columbia he says “The non-recognition in some instances by the Provincial Government of the title of the Indians to land occupied by them has for some time agitated the minds of the Indians of this province. Some of these lands have already been and others are being sold without reference to the Indian title thereto. Unless the equitable claims of the Indians in respect to the lands in question are recognized and met in a liberal spirit serious trouble may be the result.”

The memorandum of the Attorney-General of the province of British Columbia dated the 26^th day of February, 1907, and approved by the Executive Council on the 28^th of February, 1907, (included in the papers and correspondence between the Government of Canada and the Government of British Columbia) comprised in a return called for by the House of Commons on January 28^th, 1908, the British Columbia Government says that the Dominion Government holds no proprietary rights in the reserves and denied the power of the Dominion to deal even with the reserves. These propositions of the provincial Government were controverted by a report of the Committee of the Privy Council approved on the 19^th day of December, 1907, and the Dominion Government stating that it was ready to facilitate the Government of the Province of British Columbia in any steps it may be advised to test the question before the Courts. Subsequently by Order-in-Council dated the 8^th day of August, 1908, certain questions were submitted to the Supreme Court of British Columbia for hearing and consideration. These questions do not include the question of the Indian title but the frame of the question submitted substantially amounts to a repudiation of your petitioners’ title and rights.

On the argument of the said questions before the Supreme Court of British Columbia the Dominion Government took no part. Your petitioners are informed that counsel for the Attorney-General on the said argument repudiated your petitioners’ title and stated that the St. Catharines case leaves little room for argument. In your petitioners’ view the judgment in that case is not applicable because the territory thee in dispute was acquired by Great Britain from France and in the second place because there the Indian title to lands in question had been surrendered to the Dominion by treaty and in consideration of substantial money payments and other advantages satisfactory to the Indians.

Your petitioners have waited patiently for long years in the hope and expectation that their rights would be recognized and justice done to them by the Government of British Columbia but have at length exhausted all other constitutional means known to them.

Your petitioners as a last resort appeal across the Seas to Your Majesty the fountain of Justice fully assured that Your Majesty in exercise of your Sovereignty and Dominion will protect your petitioners in their extremity.

YOUR PETITIONERS THEREFORE HUMBLY PRAY that steps be taken to protect the usufructuary right of your petitioners in all of the said lands, or, that in the alternative the whole question of the rights of the said Tribe be submitted to the Judicial Committee of the Privy Council for decision and determination.

AND YOUR PETITIONERS WILL EVER PRAY

March, 1909

British Seal of Agreement between the Crown and the Chiefs of the Interior of BC: “As Long As the Sun Shines and the Three Rivers Flow…” the British will keep the peace with the peoples of these lands. Note that the arms have since been reversed, to place the Union Jack on top of the sun and rivers.