A10 - The Terrace Standard, Wednesday, Apri! 5, 2000 Lawsuits beckon once treaty is law THE NISGA’A TREATY could receive royal assent, marking the last phase of a getling it through Parliament in Ottawa late this week or early next week, And that wiil also trigger a series of lawsuits aimed at provisions wilhin the document. The treaty has already been passed by the provincial legislature and by the Nisga’a and last week, cleared a Senate committee in Ottawa after it held hearings. The treaty was passed by the House of Commons late last year but is still subject to approval by the Senate before it can become an official piece of federal legisia- tion. Senate committee members heard from a wide varie- ty of people and groups, ranging from those opposed to the overall concept of treaties to those opposed to por- tions of the Nisga’a treaty itself over the past weeks. Some of those who testified felt the treaty was uncon- stitutional as it established a third order of government with broad-ranging powers. Glen Williams, a negotiator with the Gitanyow, who have a long-standing boundary dispute with the Nisga’a, said their interests to land and resources were being overridden by the Nisga’a treaty. “The Nisga'a have been granted rights to the fishery, wildlife, highest and best use lands, and all the prime economic opportunities in our territory,” Williams told the Senate committee. “We are negotiating for crumbs in our own territory,” added Williams in saying that more than three-quarters of Gitanyow territory rests within that given to the Nisga’a through the treaty. The Nisga’a have continually pointed to provisions within the treaty that provide for solutions to any overlap issues. In the end, the Senate committee referred the treaty back to the full Senate without any proposed amend- ments, But it did submit an observation on the overlap issues. The committee heard “testimony concerning the po- tential impact of the Nisga'a Final Agreement on unre- solved overlapping land claims of the Gitxsan and Gita- nyow Nations ...” wrote committee chair Senator Jack Austin, While he acknowledged that there are provisions to resolve overlaps, the “committee is nevertheless deeply concerned about the implications of outstanding overlap issues, not only in relation to the Nisga'a and neighbour- ing First Nations, but also in the broader context of the " ongoing British Columbia treaty process involving over 50 First Nations.” The “committee therefore strongly urges the federal government and its negotiating partners to pursue vigor- ously all means at their disposal to ensure that overlap issues are resolved to the satisfaction of concerned First land claim Nations pricr ta the conclusion of future agreements,” Austin concluded. Canadian Alliance MP Mike Scott, a key critic of the treaty, was disappointed. “We heard testimony that the treaty and the self- government pravisions vio- late the constitution,” he said. , , At the very least, Scott said passage of the treaty will mean more uncertainty, not less, as claimed by the é Nisga’a and the provincial et ga’a a @ provincia and federal governments. Mike Scott As with other critics, Scott wants the treaty - before it becomes law — referred to the Supreme Court of Cana- da for a ruling on its constitutionality. “I would have thought the Nisga’a would have wanted to do this to clear up the certainty issue,” he said. Given the number of court cases filed by treaty cri- tics, which are on hold until the treaty becomes law, Scott said it was in the best interests of the Nisga’a to delay the treaty for a court referral. “At some point the Supreme Court is going to be in a position to render a decision regardless,” Scott added. The number of suits prew last week with one filed by a group of people who either live in Kincolith or lived there at one time. They claim the Nisga’a Tribal Council did not have the authority to negotiate on their behalf and that their traditional lands are being forever removed as a result of the treaty. “The [final] agreement purports to be ratified in ac- cordance with a procedure administered by the Nisga’a Tribal Council, but the procedure in fact followed by the Nisga’a Tribal Council was inconsistent with the tradi- tional aboriginal governance structure of the Nisga’a people and is therefore invalid and not binding on the plaintiffs,” indicated one portion of the suit, The Kincalith group has asked the courts for a series of injunctions barring the federal government from taking the legislation to the Governor General for royal assent. Canadian Community Newspapers Association ~CNA Newspapers tell the local story . i H RB , AUTOMOTIVE fy New Repair Company at Tetrace Shell on Kalum Oil Change........... sesetutessaenenivesenusnee (most vehicles)* 19° (Includes up to 5 litres 5W30 or 10W30 and off filter) SEW TUNG*UPS....cseseseecnin sectnvesenaniecseens (most deyl, vehicles) "00. Brakes .ouunnn...cssssssssssscesevsesssrseesseceons (Most vehicles) 40” Shocks — Struts ~ Tire Repair General Automotive Service & Repair — Free Brake inspections — —- Free Estimates — 638-8678 a YY . p March Specials, 10% off all parts & labour « WATERMAIN FLUSHING. y™ The Regional District of Kitimat-Stikine wishes to advise their Thornhill Water System customers that a flushing procedure will be carried out April 10 - April 20, 2000. This procedure is necessary to remove any sediment that may be present in the water mains and to ensure the best possible water quality is maintained. During this procedure, water may appear colored or cloudy. You are advised to run your water until it clears. Your ongoing cooperation and understanding is appreciated. Sid Bandstra, owner of Bandstra Transportation Systems, would like to congratulate Lloyd McGovern and the moving division on receiving a quality achievement award for the second consecutive year from United Van Lines (Canada) Ltd. ' The award rated by customers across Canada shows Bandstra Transportation Systems high above the average in all categories of the moving industry. Bandstra has been with United Van Lines (Canada) Ltd, for the past 35 years. steak night \ iin town! Royal Canadian Legion Branch 13 - Terrace Y eee RM ERR First Friday of Every Month Juicy Steak - Baked Potato - Salad 5:00 p.m. servings Member & Bonafide Guests Welcome. 19 years and over only please. 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