The Terrace Standard, Wednesday, May 5, 1999 - AS _ The fight ts all but over The treaty gets real as the Nisga’a start making the choices that will govern their future . By JEFF NAGEL A MONUMENTAL shift in thinking is underway among the Nisga’a now that their long battle for a treaty is nearly over. For the first time ever delegates at the 42nd annual Nisga’a Tribal Council convention were no longer fighting for a treaty. They have one and now it’s their job to make it work. Now. that the province has ratified the treaty — and the only serious political obstacle ta last year’s final agreement is overcome — work shifts from negotiating and political campaigning to decision-making. Numerous choices must be made in advance of the treaty. - But most importantly, a change in attitude is required, “It’s about creating 4 new mentality of being Nisga’a, of being accoun- table and responsible,’ says delepate Maurice Squires, the director of Nisga’a Child and Family Services. “It’s about making the shift from being a victim or a survivor to being a person in charge of your own destiny.’” No longer will the bands — soon to be called village governments —- have to get Ottawa to approve every deci- sion. But with control comes responsibili- ty, and the Nisga’a are feeling tremendous pressure to get it right. “They're going to say we told you so, these guys couldn’t make it,’” says tribal council president Joe Gosnell. “Or they’re going to say look at how successful they are. And it’s going to depend on our people.” The change from Ottawa controlling their lives to their own leaders being in charge is not without fear, “Accountability is foremost in our people’s minds,’’ Gosnell says. There’s a big appetite for various checks and balances on the power of the government — even the idea of recall Legislation is under considera- tion, says governance team member Larry Guno. A public administration act and financial administration acts are among dozens of pieces of tegislation that govern the workings of the Nisga’a government that must be in place when the treaty takes effect. . There. are legitimate -fears that _ money could be mispent, that business deals could prove unsound, that the land and resources they’ve fought for could fall out of Nisga’a hands. Some of those concerns have al- ready been partially addressed, The constitution approved last year sets in place restrictions that require a referendum if the central Nisga’a government wants to sell or issue a long-term lease for a parcel of land larger than 40 square kilometres. Even tighter restrictions are in place on the village governments. Other safcguards are still being debated. Lawyer Jim Aldridge told the con- vention delegates they could choose to designate certain areas —- perhaps sacred locations — as so important lo the Nisga’a Nation they can never be touched even by a Nisga’a govern- ment. Another area of concern is what happens when the Nisga'a govern- PREMIER GLEN CLARK and Nisga’a Tribal Council president 4 ceremony at the Terrace arena last Tuesday. The visit kicked Joe Gosnell put their signatures on the treaty document during off the 42nd annual tribal council convention. ment fulfills promises to start raising title to the land underneath band houses and conveying it to the homeowners. “People want to own their own piece of property,’’ Gosnell said. “T don’t own the land my house is on, but come the effective date it will be mine,’ Title to their land — previously held in irust by Oitawa — could be legiti- mately used by many Nisga'a as col- lateral for loans to. renovate their 7 homes or start businesses, But people could also fall into debt and lose title to their homes. The Nisga’a haven’t yet perfected what to do about that. Aldridge said options available in- clude holding back a part of the title —— such as the subsurface rights — so the Nisga’a government has more. control over what happens in the case of default by property owners. Even tougher questions Jurk when it comes to control of resources. Should money be spent to develop a major industry, or should a number of smaller projects be pursued? Should the Nisga’a try to establish their own sawmill or cannery (after a 10-year waiting period runs oul) or should they agree to sel] trees and fish to other processors? Should logging jobs take priority over things like mushroom picking? Should selective harvesting replace clearcutting? “Do you want to cut down trees or _ While do you want to pick mushrooms,’’ says Squires, ‘Those are going to be the tough questions to answer.’” Hiring policies are particularly con- tentious. Will Nisga’a people have to have adequate qualifications for key posts or will non-Nisga’a applicants be hired instead? “Do I expect our Nisga’a individu- als to have qualifications,’’? Gosnell] said responding to one question from the floor. ‘“‘Absolutely I do.”’ the convention gathered many opinions from the. hundreds present, many decisions will rest with ~ the future Nisga’a government after elections are held. Gosnell said there’s a burden upon his people to be involved in those de- cisions — not just now but for years to come. ‘The future is far too important to deal with it only once and think we have made all the decisions that need to be made,’’ Gosnell said. *{ don’t expect the utopia to arrive on Day One of the treaty,’’ he added. “Mistakes will be made,”’ Squires says he’s optimistic as he sees young Nisga’a grow up in the school system. Many of them have grown up without the expericnce of residential school, he said, “They're vibrant, thinking citizens,” he says. ‘‘That’s who I see as being the individuals who will carry this into the future, into the new millennium." Gosnell confirms he'll step aside JOB GOSNELL made it clear during the opening banquet of the 42nd an- nual Nisga’a Tribal Council conven- tion that he will not lead the Nisga’a after the treaty takes effect. The tribal council president had hinted at the change last summer when the final agreement was reached, but made it official during this convention. He wilt continue until next spring, : SPEAKING OUT: Mercy Thomas tried to voice her ‘ criticism of the treaty, but was quickly drowned out by " ‘ thunderous. drums and traditional songs. by which time Nisga’a government elections should be underway. “T do not intend ta seck the office of the presidency at that time,” he said. “[ think I've made my contribution to our nation.’” The 63-year-old Gosnell, who has led his people and the Nisga’a negoti- ating team since 1992, said it has been a long road to a treaty. , “Pye spent too many days away from my family, too many nights star- ing at the same four walls of some hotel raom,’’ he said. Establishing and running the new Nisga’a Lisims Government will be a challenge for others, be said. He's always viewed himsclf as just one member of a relay race team, “You take the baton, you min as hard as you can while you've got it, then you hand it off to someone else,’’ THE ROAD AHEAD g@ the treaty effective date — previously hoped to be Oct. 1 — will be pushed back because of the delay In the start of debate In the House of Com- mons In Ottawa. Expectations are the treaty will be passed by the federal government by Christ- mas, setting up Jan. 1 as the next best quess for the effective date. gg Work continues on developing several pleces of legislation governing everything from financial accountability to conflict-of-interest. Most of ther have to be In place before the effective date. gw Six months after the effective date general elec- tions will be held. To be elected are the four | Nisga’a village governments — which replace the existing band councillors and chief councillors, Urban locals In Terrace, Prince Rupert and Van- couver will also elect representatives. Those reps, plus the chief counclilors will also be part of the central Nisga’a Lisims Government, along with a president, secretary-treasurer, executive chalrman — all elected at large. mg Balancing the elected will be an elders’ council . with an elected chalr. Their jab will to be interpret Nisga’a laws In accordance with the ayuukh/ or traditional oral law of the Nisga’a. Premier brings treaty home TO THE SOUND of drums and applause, Premier Glen Clark and Nisga’a Tribal Council president Joseph Gosnell signed the provin- cial govemment’s land claims treaty with the Nisga'a here April 27. The signing took place to inark the opening of the tribal council’s convention here in Terrace. It followed the use of closure by the Clark govern- ment April 22 to end the legislative debate on the treaty, The treaty still has to be ratified by the federal goveriment ta become offi- cial. There was no talk of the use of closure by Clatk and others during the signing. Tribal council Nelson Leeson, in introducing the premier, said ‘‘this was a man who kept his word to us as Nisga’a.”’ “This is a deal viewed in the minds of all of us as just and honourable.’” Clark said “‘life for aboriginal people in this province has fundamentally changed forever.” The treaty is “breaking down the walls that has kept aboriginal people separate and apart.’’ Clark did briefly refer to treaty critics, but noted ‘‘we will never go back to the past,’’ ‘It gives you the Tesources you meed as an economic base,’” he told the convention held at the Ter- face arena. Provincial aboriginal af- fairs minister Gordon Wil- sou, Who attended the sign- ing with Clark, said he “looked forward to working . with you as we build a new British Columbia.” Mayer Jack Talstra also congratulated. the Nisga’a and thanked Premier Clark and Mike Harcourt before him for allowing local governments a seat on the provincial negotiating team. “We look forward in the northwest to a new day,”’ he said. “We here in the north- west are determined to work * together with the Nisga’a for the betterment of every- one.” DANCERS filled the Terrace arena floor and the sound of drumming filled the a air during Wednesday night's cultura! performances. ia Opponents fade as treaty marches on Critic drowned out, others admit it’s now too late ANY SIGN of opposition to the path chosen by the Nisga’a leader- ship was cither non-existent or drowned out by the drumming, singing majority last week. A lone show of defiance came when Kincolith-borm = Mercy Thomas tried to speak out as Premier Glen Clark and Nisga’a president Joe Gosnell signed the treaty. As soon as Thomas opened her mouth, she was drowned out by the hundreds of dancers who banged their drums and sang traditional Nisga’a songs. “There is no democracy here,’”’ Thomas said afler being cut short by thunderous drumming and loud chanilng. '*] disagree with the treaty,’’ she added, ‘It’s a sad day for me and a sad day for the 72 per cent of Nisga’a who didn't vote,”’ Thomas and otbexs contend the referendum in which 61 per cent of Nisga’a people ratified the trealy is invalid because substantial num- bers of people weren’t yet regis- tered ta vote. Now living in Cloverdale, Thomas calls herself a proud Nisga’a. But she opposes the treaty because she said the Kincolith people gave up more of their tradi- tional territory than any of the other three Nisga’a villages. ‘My people lost 56 of their terri- tory Jands,’® she said. Thomas said treaty negotiators used Kincolith lands as their bargaining chips. “—t was wrong to pass this. through when there are disputes,'’ she said. “I don’t know how the Nisga’a are going to treat me for the rest of my life, but I had to do it. It wouldn’t be right for those of us who disagree in the process to read this realy and sit back and say nothing.’” Opposition to the treaty has been most vocal in Kincolith. A year ago protesters there were openly calling for the leadership to resign if they weren’t prepared to demand more at the negotiating table in fine with the Supreme Court's Delgamuukw decision on aboriginal title. Aaron Greycloud, an Ojibway na- tive who had helped organize Kin- colith opposition last year, said he tricd to organize a protest at this year’s Nisga'a Tribal Council con- vention. _ The would-be protesters didn’t show up and, Greycloud instead was part of the security voluntecrs on the convention floor ensuring things ran smoothly. “T can’t believe it,’ he sald. ‘My cousins, my brothers — they’re not here."’ In fact, some were. Greenville resident Ray Guno — a Nisga’a college instructor who spoke out strongly for a harder line a year ago — was there. Guno fears there’s too Jiltle land an¢ loo little resources in the treaty to assure sustainability. Government, he fears, is destined to be the primary industry. And a stronger resource base would have given the Nisga’a a better cushion against the errors, bad deals and deficits that will in- evitably happen, he said. “We are going to make mistakes — there’s no question about that,” he said. ‘‘Are we going to have the resources to fall back on when that happens?” But Gurio says the time for oppo- sitlon is aver. “Ivs a done deal,’ he said, “We've got to make the best of a bad situation.”