TERRE O TRH CR aR ER

Opportunism at root of Nisga’a land

‘claim overlaps with their neighbours

‘By NEIL J. STERRITT
‘THE TRUTH seems to be
one of. the biggest casualties
‘of the Nisga’a treaty.

Dale Lovick, the former min-
rister of Aboriginal Affairs, fell
clock, stack and barrel . for
: Nisga’ a revisionist history when
the stood up in the legislature on
‘Jan, 21 and stated: ‘“There was
:4 Memorandum of agreement...
"signed in 1995 between Tahltan
«and Nisga’a, agreeing on the
straditional boundaries... It’s
«called Treaty Creek.’’

« Trealy Creek flows west into the
‘Bell Irving River about 100 kilo-
‘metres uiorth of the Kinskuch River.

> The Kiuskuch, which enters the _

slower Nass downstream of Cran-
tberry Junction, is near the actual
‘location of the Nisga’a boundary as
‘presented in their 1973. Supreme

‘Court of Canada case, Calder vs,’

tthe Avorney General of British
‘Columbia. If the Kinskuch River
was their northern boundary in
1973, why say Treaty Creek is their
boundary now?
The Nisga’a desperately needed

Treaty Creek as'a “‘beachhead”’ to |

shore up their claim so the entire
Nass watershed.

Nisga’a leaders, and the. provin-
cial government, not only sought to
justify treaty rights and benefits ob-
lained by the Nisga’a throughout
Gitanyow, Gitksan and Tahbltan
country, but also Nisga’a adherence
fo. the province’s rule that land

claim settlements will amount to.

approximately five per cent of tra-
ditional territories.

Provincial government advertis-
ing boasts that Nisga’a Lands

represent only cight per cent of the |

24,000 square kilometre Nisga'a
land claim.

But if the actual Nisga’a claim is
about 7,800 (not 24,000) square
kilometres, the 1,930 square kilo-
metre Nisga’a Lands promised in
the treaty represent 25 per cent of
their legitimate claim.

A boundary at Treaty Creek is vi-
tal to vindicate :a.300.:per.cent ex-
pansion of the Nisga’a-claiin since
1973,

. Nisga’a leader Joe Gosnell im-
plies that his tribal neighbors made

wireasonable demands during ef-

forts to resolve competing claims.

Under a Gitksan-Nisga’a
“protocal’’, the Nisga’a insisted on
a ‘sharing agreement’? whereby
the Nisga’a would share their gains
in Gitksan lands with the Gitksan.

The Gitksan position was, since
one can share only that which one

“owns, it is a precondition to a bi-
lateral accord that boundaries be
first determined,
resolved.

In the final resull, the Nisga’a
were indifferent to the overlap be-
cause the provincial and federal
goveruments chose not to compel
good faith negotiations.

An unsubstantiated assertion docs

not prove that the Nisga’a were
party to the historic event at Treaty
Creek, Moreover,
misled Mr. Lovick by allowing him
to misrepresent the curreut status of
ibe Nisga’a-Tahltan memorandum’
of understanding (MOU).

It is true that Nisga’a and Tabltan _

Jeaders net in 1977 and 1993 (not
1995), and that MOUs resutted.

Unfortunately, the Tabltan leader-
ship made an assumption that was
wrong.

The Tabltan had thought that
Treaty Creek was part of a turt-of-
the-century agreement with the
Nisga’a.

On this basis the parties agreed to
meet in Terrace in 1977, where
they compared maps. When the

Nisga’a realized their ‘boundary -

was located many kilometres down
river, they closed the gap by shift-
ing their boundary to Treaty Creek.

According to George Asp, the
leader of the Tabltan Nation today
{and in 1977), the meeting hap-

pened at an early stage in their tra-

ditional research with respect to
tribal boundaries, and before the
Tabltan appreciated that the
patticipants in the Treaty Creek
peace ceremony might uot be the
Nisga’a.

Gitksan chiefs, on learning of the
1977 MOU, protested it as invalid.
on the basis that the Tahltan bound-
ary at Treaty Creek is with the
Gitksan, not the Nisga’a.

The Gitksan claim arises from the
accidental killing of a Gitksan chief
by the Tabltan owner of the terri-
tory around 1895, The matter was
settled peacefully in a ceremony on
the banks of the Bell Irving River
near Treaty Creak.

The Tahltan chief gave gifts and
land as compensation to the vic-
tim’s brothers, Naagan and Skawill.

. Treaty Creek commemorates this

ul

and overlaps.

event,
Significantly, the Tahitan and

Gilanyow resolved a similar dis- .

pute in the same way around 1860,
which is why Gitanyow territory
includes Meziadin Lake, and the

middle third of the Nass watershed. a
4 ‘Nisga’a “Leaders — ‘(as’ well as’:
‘government ‘negotiators) were pra-.

vided with a comprehensive 300-
page report on tribal boundaries in
the Nass watershed in 1995, which
the Nisga’a, to this day, have
declined to comment on,

The report shows that Treaty
Creek is a Gitksan boundary, and a
letter from within the Nisga’a com-
munity . contradicts
claim.

In 1897, Reverend McCullagh —’ |

who lived for years amongst the
Nisga’a, knew their territories and
spoke their language fluently — re-
corded the existence of a border
dispute near Treaty Creek between
Naagan (the father of “Simon
Gunanoot} and Wiilitsxw of
Gitanyow.. McCullagh’s letter is
remarkable for two reasons: first,
he makes no mention of the
Nisga’a being in that area; second-

TEXT OF DECISION

the Nisga’a-

y lar

Nisga’a shifted boundaries
to secure more treat

nd

. & AN
beet A

t d
j r 3 GATT APT, TRS PRERAATEE a Rece
; . A~ s Poe

ene
‘Nees
y' ite Nod
. HiSAM Gian Cine
CLANS OTE MASS RATTAN:
9s)

Ae |

GITXSAN natives say Nisga‘a leaders laid claim to the entire Nass
watershed (outlined in black) in order to get a larger treaty settle-

“ment. Only the lower Nass is undisputed Nisga’a traditional terr-. -

tary. The dark grey area is also claimed by the neighbouring
Gitanyow. And the light grey area is also claimed by the Gitxsan.

the Nisga "a:

ly, he thinks it “‘more practicable to
settle this matter at Hazelton than al
Ajiyansh’’, and asked the Indian
Agent in Hazelton, Richard Loring,
to setile it. In other words, the
boundary dispute was a Gitksan
concern, aud McCullagh knew it.

In the 1930s, P, Monkton, a B.C,
land surveyor. working in the
Treaty Creek area wrote:
name refers to a trealy or conven-
tion between the Skeena (Gitksan)
and Stikine (Tahltan) Indians —
neither group is supposed to trap or
occupy this area; a sort of no man’s
land and breeding ground for
beaver between the two tribes.”

Mount .,..Skowill

Creek and were named after a
Gitksan chicf, Daniel Skawill.

Finally, in 1934, two Gitksan
chiefs, Tom Sampson and Walter
Laats, sigued a statutory declara-
tion stating ‘‘...about 35 years ago
we were present at (a) Camping
Ground near Bowser Lake ...we
saw and heard the remarks from
both sides and we are witnesses to
the terms of peace.’ Bowser Lake
is near Treaty Creek,

They concluded their declaration
slaling that ‘‘the Stikine Indians

(were) satisfied that Simon Gun-A- -

Noot and his father (Naagan) were

the rightful ones to take possession

of these grounds and trap there,’’
The Nisga’a are capricious.

First they insist Treaty. Creek is .
’ the Nass Watershed, which was

their boundary,
Then they assert aboriginal title

“The |

cand Skowill
‘Creek are. located near Treaty ~

to the entire Nass watershed.

By this assertion, the Nisga'a ,
have created an overlap with the
Tahllan nation, violated the spirit of
the disputable MOUs, and misled
minister Lavick. *

The Nisga’a persuaded a_ too-
willing provincial government to
establish a heritage site at Treaty”
Creek. The Nisga’a Treaty declares
that the site has ‘‘cultural and his-
toric significance to the Nisga’a
Nation.”

Since this is without foundation,
auy monument or plaque erected on
the site will forever bear testimony

_ to Nisga’a Tevisionist history, and

provincial government complicity,
“Dale Levick ‘was’ ‘misled’ ‘into
‘believing
boundary at Treaty Creek, a claim
of 24,000 square kilometres, and no
overlap with the Tabltan Nation.
The three-week adjournment of
the legislative debates is an op-
portunily for the new Minister of

Aboriginal Affairs, Gordon Wilson

to determine the truth of the
Nisga’a claim.

He is well advised to inform bim-
self by consulting with the ap-
propriate Tahlian leadership before
resuming debate.

Neil J. Sterritt is a consultant
living in Hazelton, He's the lead
Gitksan researcher on land claim
overlaps in the northwest, and in’
2995 wrote Tribal Boundaries. in

published last year by UBC Press,

Press Council rules newspaper

The Terrace Standard, Wednesday, March 3 1999 - AS

CORRESPONDENCE FOR THE TERRACE STANDARD

oes hts

the -‘Nisga’a have a

owner didn’t squelch treaty views

The British Columbia
Press Council has dismissed
the complaint lodged by the
Goveranent of B.C, against
publisher David Black.

The case arose from a
directive given by Mr,
Black to his editors that they
were not to run editorials in
favour of the proposed
Nisga’a Treaty.

The government had com-
plained that Mr. Black’s
directive was contrary lo
both the spirit and the letter
of the B.C. Press Council’s
constitution and Paragraph 4
of the Council’s Code of
Practice and was a breach of
the duty to act in the public
interest.

The Council found that
nothing in the directive
breached either its constitu-
tlon of its Code of Practice.

Paragraph 4 of the Code
reads: “‘Newspapers should
defend their hard-won right
to exercise the widest pos-

‘sible latitude in expressing ©

opinions, no matter how
controversial or unpopular
the opinions. may -be, and to

give columuists, - editorial -
cartooulsts* and~ others ‘the -
game latitude in expressing

-° personal opinions.” ,

The Council found that
Mr. Black, through the
editarial pages of his news-
papers, had exercised the
“hard-won right to express
opinions’’, controversial as
they were to some and un-

‘popular as they were with

the Government of B.C.,
and that he did give colum-
ists and others the same
Intide.. His directive did
not result in the exclusion of
a range of diverse opinions
being expressed in columns
and other areas of his news-

papers.
The directive, as finally.

clarified in evidence pre-
sented at the hearings, was
that:

1. The editorial position of
the David Black newspapers
was to oppose the proposed
Nisga’a Treaty.

2. A. series of eight

_ columns on the subject by

Mel Smith would be run by
all David Black newspapers.

3. Existing columnists

were free to disagree with
the owner's position within
their columns.

4, Letters to the editor and
news. reporting were. not to
be affected, a

5. Editors who disagreed |

with the owner’s policy
were free to express their
own thoughts on the letter
page. ,

The council further found
that the David Black news-
papers did in fact carry a
diversity of opinion on the
Nisga’a Treaty, including
those of Premicr Glen
Clark, Liberal leader Gor-
,don Campbell, and Reform
Party President Bill Vander
Zalm as well as those of or-
dinary British Columbians.

With respect to the
goverumnent’s complaint that
the directive was a breach of
the-duty of David Black
“newspapers to act in the
public interest, the Council
held that by leading com-
meut, widening the debate
and presenting a range of
diverse opinions on matters
of public significance,
newspapers demonstrate
their social responsibility
and, at the same time, per-
form a valuable public ser-
vice.

The Press Council strong-
ly affirms the widely ac-
_cepted view of the vital role

of newspapers in a free and.

: democratic society as public
‘watchdogs © of | goveruiment

David Black

and other institutions and
finds that Mr, Black’s ac-
tions were fully consistent
with the traditions of news-
papers in democratic
sociclies.

It further finds that while
it has become customary in
Canada for the day-to-day
editorial position of the
newspaper to be delegated
by the owner to a publisher
and/or cditor, the ultimate
obligation and right to direct
editorial policy rests with -
the owner.

khkkk

The BC. Press Council
also dismissed a complaint
by Victoria. area resident”:
Ted Hayes against. David
Black. the owner of many
B.C, - comintinity - newspa-
pers, including the Terrace

Standard. The following are

’ excerpts from that ruling,

Mr. Hayes submitted that
(a) a letter to the editor that
he wrote to the regional is-
sue of the Pevinsula News
Review was censored and
that (b) Mr. Black had
censored his sewspapers
regarding the Nisga‘a
Treaty.

On the first matter, the
Council found that Mr.
Hayes submitted two sub-
stantially similar letters, one
of which was published un-
edited. The publication of
the second letter,
edited, did not distort Mr.
Hayes’ views.

On the second matter, the
Council accepted the thrust
of Mr. Hayes’ proposition
that the owners of newspa-
per groups have a responsi-
bility under the Council's

‘Code of Practice to allow

the presentation’ of diverse.

‘opinions in their newspa--.

pers,
The Council found that in

. the case at hand, Mr.

Black’s newspapers did in

fact carry a diversity of |

opinion in the form of news:
stories, letters to the editor
and opinion columns.

while .

_ Opponents of the treaty an should get a grip.

The Mail Bag

Northwest needs decent

‘level of health care

Dear Sir:

On Friday, Jan. 28, 1999 at approximately 8:30 am |
broke my leg at Parkside School.

Thanks (o the excellent response from the Terrace
Ambulance crew and the firemen who took care of the
problem I was off to Mifls Memorial Hospital.”

After my situation was assessed I was air ambulanced
to Prince George. Another young patient and ] were
very fortunate to fly to Prince George.as no planes had
landed in Terrace, Prince Rupert or Smithers the day
before.

When J landed in Prince George I waited until 9 p.m.
to go down to surgery then ‘‘add ons’’ from the rest of
northern B.C, emergencies are done after that. [ heard
the nurses say that the doctors had operated until 3:00
am. the night before.

] bad excellent care despite the cutbacks one is aware
of from a good doctor who is so good he is leaving
Prince George to go to the U.S. (I wonder why?)

Sunday, January 31, 1999 1 was ready to fly back to
Mills Memorial, but there was no bed for me. Monday,
February 1, 1999 there was a bed bul no room on the
air ambulance (six to eight days backed up),

The next option was for my 67-year-old husband who
has had two back surgeries to drive to Prince George
and bring me home with my repaired icg, My family
said no.

Fortunately for me this was a Worker’s Compensa--
tion Board claim so the Prince George Hospital social
worker worked on getting me home i in as short a time
at possible,

I came home by Air Canada from Prince George,
Tuesday, February 2, 1999,

My trip started out at 7:30 a.m. ina taxi and crutches
in a snowstorm to the airport (no ambulance). The
plane was an hour late so I sat in the Prince George air-
port for two hours in a wheel chair that did not have a
leg extension.

The plane was late into Vancouver for, the Terrace
flight. They held the plane for me in Vancouver. I was
put into the Executive section which was good but still
there was no place fo put up the leg. Two Tylenol 3s
later and. excessive pain in the leg I arrived at the Ter-
race airport. There was no ambulance. Three phone
calls later to WCB an ambulance was dispatched at
3:00 pm. At 3:20 (on hour later than ] had arrived) I
was transported to M.M.H. My leg had been down
from 7:30 am until 3:20 pm.

~ My point of all this is:

T dow’t care about the politics of whether Terrace or
‘Kitimat should have the orthopedic surgeon. Get a con-
cise cost-saving plan so that northwest patients do not
have to be out of pocket financially or suffer extra
trauma in their lives.

All the money the Ministry of Health is paying for
airplanes and extra ambulance. services all over B.C,
should be paying for a lot of extra doctors, nurses and
hospital beds to take care of B.C. citizens in their BeOg-

raphical ayeas.

As ‘for the Kitimat/Terrace situation cc d willingly
have travelled thirty miles to have my surgery and fam-
ily close to home.

Barbary A. Emery
Terrace B,C.

‘Road upgrade worthy

Dear Sir: |

If ever there was a great thing Chicf Joe Gosnell did
ft was to gct a commitment to upgrade the road to the

ass.

Although this commitment is not part of the Final
Agreement in writing it was a verbai commitment from
Glen Clark.

But sometimes politicians speak with forked tongues.

I hear rumours the funding has already been cut in
half.

I was interested in the story quoting Peter Smith
(‘‘Reform Tags Treaty Cost of $1.3 Billion’’, Feb. 17,

' 1999 Terrace Standard).

] know that the timber has gone out of the Nass at an
alarming rate but I doubt if it would all go in one year.
Pm a bit stumped at this comment myself.

If someone asked Peter Smith what the price of a
$27,000 car would be if bought over a three-year peri-
od, would he answer $27,000 or $9,000? or does that
figure come out of thin air?

Lioyd Brinson
Nass Camp, B.C.

No treaty conspiracy

Dear Sir:

One thing opponents of the Nisga’a treaty aren't tell-
ing you is that members will give up their Indian status
and start paying taxes.

Nisga’a territory won’t be some kind of communistic
stronghold as the Chicken Littles are saying; it will,
have more in common with a municipality, but with a
Nisga’a flavour.

People like Gordon Campbell and David Black fail to
understand one thing. The Nisga’a have always lived in
that region, No one ever took it away from them.

Back in the days of Quecn Victoria, the privy council
recognized their land claims. What the treaty has done
is bring them into Confederation as Canadian citizens.

Prior to that, under the reservation system, they were
a separate nation with no agreement with the rest of
Canada,

So who are the real racists here? It's not like Lucien
Bouchard who wants nothing to do with Canada; nor is
it like the white supremacy of the Aryan Nation whieh
has claimed all of B.C, as its homeland.

T remember 20 years ago when I was a news reporter
covering the northwest as iny beat.

The American Indian Movement (AIM) approached
the Nisga’a to use their land as a training ground for
terrorist activity.

Naturally, the Nisga'a turned down AIM, which had
just come back from Red China where an elite com-

mando force had been trained,

If-Nisga’a plans were for some kind of communist

-apartheld conspiracy as opponents are now claiming

you can bet the farm that AIM would have been using
their territory for training exercises instead of being
turned down.

— Brian Gregg
Terrace B.C,