Nisga’a oral law important part of governing stru EVEN AFTER chopping it’ in half, the Nisga’a Nation | constitution comes in at 45 pages long, The document, kept secret by Nisga’a leaders until it was passed by referendum last month, is a blueprint for the structure of Nisga’a government and how it will operate, ; Its necessary because al- though the treaty set out the broad principles of Nisga’a government, it didn’t spell out many of the fine details. Tribal council’ secretary- treasurer Ed Wright said the Nisga’a tried to resist the temptation to put too much in the constitution, After reviewing the first draft of more than 100 pages, he.-said, they con- cluded much-of it should be laws "not: constitutional language — and trimmed about 60 pages. . ‘We would have had to amend the constitution every lime we wanted to change. something,”’ Wright explained, Although the Nisga’a tra- ditional: law — the ayaukil —is very important and un- derlies the entire structure of their society, it isn’t defined in detail in the constitution, Wright said legal advisors said codifying it would only invite an eventual legal challenge of it. So instead, it’s left, unwritten — like British common law. The ayuukhl is referred to however in the declaration of the Nisga’a Nation — a preamble to the constitution. A constitution is neces- sary, said Wright, becanse all the camponents of the Indian Act that govern haw natives are presently gov- emed disappear once the treaty takes effect. . New regulations covering things like financing, ac- countability and elections faust be put in place to re- place the relevant parts of the Indian Act, The constitution spells out how the elected assembly — Nisga’a Lisims Government — drawing elected repre- sentatives from viilage councils and urban locals. Names of tilles like ‘‘chief councillor’’ that currently apply to band council heads could have been changed, he said. But there was little appetite to do so. “We were thinking of ‘mayor’ but nobody wanted . to be called a mayer,” Wright said. Nisga’a leaders still have a lengthy to-do [ist of other legislation that needs to be put in place prior to treaty implementation. ‘There is a huge amount of work we have to do,” . Wright said. That includes drawing up a code of ethics, conflict of interest rules, rules of order, creating a budget process, setting out public adminis- tration rules and establish- ing an elders’ council. ‘We're going to have a government that’s transpar- ent,’ added tribal council executive chairman Nelson Leeson, ‘““We know we're ! MP wants treaty _ oO . hearings in B.C. SKEENA REFORM MP Mike Scott wants a federal par- Hamentary committee to hold hearings in B.C. on the Nisga’a treaty. The Indian affairs and northern development committee is made up of MPs from.all parties and’ its job is to probe ” atop araet Paarl iegdi ee ke vi «Definitely Terrace is on the list as one of the places it should visit,’’ said Scott. | He’s made a formal request to the chair of the committee So as to put it on the list of committee business, : “The answer I’m getting back is that since the legislation is not before the House, the treaty is‘ hypothetical until such tiine the legislation is introduced but I’m saying we should start thinking about it now,’ said Scott, ‘The MP is the Reform critic for aboriginal affairs and has sat on the committee for a year and a half. In that time the committee has traveled around the coun- try on other issues so a B.C. series of hearings wouldn't be unusual, said Scott. Ed Wright going to be under the micro- scope — both interanlly and externally.”’ While the declaration refers to the Nisga’a as a “‘nation’’, it makes it clear it’s seen as one within Can- ada, cture “We are a unique aboriginal nation of Canada, _ proud of our history and as- sured in our future,’’ it states. ‘We claim and take our rightful place as equal participants in Canadian society. Our destiny is living peacefully together with the other nations in Canada,’” The declaration also pays homage to the Nisga’a an- cestors and history, and says the Nisga’a will flourish as a “free and democratic society.”’ “The Nisga’a Nation will prosper as a_ self-reliant sociely with a sustainable economy,” Wright said the Nisga’a informally circulated the constitutional drafts to fed- eral and provincial officials to ensure the constitution was consistent with the prin- ciples set out in the treaty. 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