Land talks based
on original claim

THE GITKSAN and
Wet’suwet’en are entering land
claims negotialions with one big
factor in their favour,

They'll be negotiating for a
larger Jand base than what turned
out to be the case in a provincial
Supreme courl decision they
wanted to appeal all the way lo
the Supreme Court of Canada.

The two groups recently signed
a-deal with the provincial govern-
ment to adjourn the appeal for up
to 18 months in the expectation
they can come to a negotiated
settlement.

Talks will be held through the
B.C. Treaty Commission created
by the provincial and federal
governments and native groups as
the official body to oversee treaty
negotiations in the province,

The negotiations will be based
on a statement of intent and map
submitted by the Gitksan and
Wel’suwete’en to the treaty com-
mission last year.

It- marks out the full 57,000'

square kilometres claimed by
Gitksan and Wet’suwet’en chiefs
at the lime they began their
provincial supreme court case in
1984. -

But the land involved was sig-
nificantly cut back by B.C.
Supreme Court Justice Alan
McEachern in his decision which
denied the native ownership
claim.

The resulting appeal strengthen-
ed native rights but did not
change the size of the land
McEachern decided upon.

Wer’suwet’en leader Herb
George called the agreement on
this point by the provincial
governmen! “‘a major conces-
sion.’

“It's probably an important
point for them, They’re probably
quite happy with the fact we'll be
using the map they’ve submitted
to the treaty commission,’’ said
Mark Stevenson, a treaty negotia-
tor working for the provincial
aboriginal affairs ministry.

But Stevenson added that what
results: from a trealy negotiation
is often very different from what
was wanted by native groups.

J*Just because we recognize an
area for negotiations, that's not to.

say, the’ first nations. own~thatests ; ae oat

land, he said... by

““The amount of land. that ends -

up-as settlement lands is often
significantly smaller than the area
which the claimant group has
claimed.’”

As an example, Stevenson said
a claim settlement for the Yukon
ended up with native groups

From Page A10

Heat

meeting as a way of also express-
ing their opposition, he added.

Under the negotiations deal, the
Wet’suwet’en and Gitksan will
hold separate talks.

“The hereditary chiefs from
each house must sign a resolution
for themselves to make it legally
binding. That didn’t happen,”
said Milion.:

Gordon Sebastian, a speaker for
the Office of the Gitksan and
Wet’suwet’en Hereditary Chiefs
in Hazelton, agreed with Milton
that agreement to negotiate and
adjourn ‘the court casé was not
unanimous.

“By the end of the day it was a

fairly close decision to go either
way. Not all chiefs were in
favour,” said Sebastian.
- "Tt was important not to be
tentative. So the high ranking
chiefs gathered in a caucus and
talked it out. They decided to
support. the negotiations and to
see what happens in a year,’”’ he
continued.

Under native tradition, Milton
and other opposing Gilksan chiefs
must meet with other chiefs and
express their disagreement,’ said
Sebastian. ‘‘As far as I know, that
hasn’t been done.’’

Sebastlan himsclf submitted a
discussion paper to the chiefs in
which he recommended continu-
ing with the court case.

**] do not trust the province be-
cause ... the documents they filed
in court clearly states their legis-
Jative authorities extinguished
aboriginal rights,’’ he wrote.

That paper was merely a way of
putting all points of view before
the. Gitksan and Wet'suwet’en
chiefs so they could debate
relevant points, said Sebastian
last week.

-“]'m just the speaker. I don’t
have a high rank, I just carry the

oranges into the feast houst,”” he-

suid,

The Terrace Standard, Wednesday, June 29, 1994 - A141

receiving eight per cent of the
originally claimed land base.

Land is one of three main com-
ponents to feature in land claims
settlements,

The other two are how Gitksan
and Wet’suwet’en governing :ys-
tems will mesh with those of
other jurisdictions and cash.

The deal signed by the provin-
clal-government and the two na-
tive groups requires the parties to
have their negotiating teams in
place by the middle of July.

But first, the B.C. Treaty Com-
mission must decide if the parties
are ready to negotiate,

And the Supreme Court of Can-
ada must officially give its bless-
ing to the adjournment of the ap-
peal.

A period of up to 18 months
Tay nol sound like a long time to
Teach a settlement, but represen-
tatives for the parties invel!ved
said negotiations on some areas
have been going on for several
years,

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: What can | expect from this program?

In the words of parents...

1 "The daily programs for the children are imaginative and fun
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Another Wet’suwet’en leader,

the talks will be conducted and

“Our son, Dylan, has enjoyed King’s Castle immensely and will

Gordon Sebastian, said two press- | miss his school, teachers and friends."
ing issues now are deciding how re eC WO ¢ Dee Horne formar Terrace resident

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