The Terrace Standard, Wednesday, February 28, 1996 - AS

gets mixed reaction /QUOTABLE

minister of Indian affairs

“Although the Nisga‘a went tothe Supreme Court of Canada, so many other natives in this country have benefitted while the Nisga’a have waited: ne

Wood deal

_Nisga’a deal OK, ‘ but stop there

THE NISGA’A deal won't be ton bad for local loggers aud timber companics.

But if it’s duplicated with other northwest na- tives like the Tsimshian and the Haisla, there could be a preblem:

That's the sentiment that’s beginning to come fron local loggers and forest companics in the : wake of last week’s Nisga’a agteement-in- * principle. _ re oo , stick Hon dhe Haisla or stick it on the Tsim- > shian and it’s going to have a-tair inipact onthe — > Terrace’ operation (Skcena Sawmills)?’ West Fraser woodlands: vice-president Wayne Clogy said of the déal.: Do a

‘Skeena Cellulose, which is ihe most dramati- cally affected forest company, wasn’t surprised bythe. treaty provisions, said Repap . vice- presidént Reg Lightfoot. * - © - eee

“The Nisga’a and ourselves both expect to be » in the region for a long time to come,” he: said, + adding the eight-year transition will allow time © to adjust. os

Skeena Cellulose loses 140,000 cubic metres” of wood ‘within the core lands area. - - — The company is claiming $80 million in com- - - pensation for that timber. Lightfoot says it reduces the company’s guar- anteed fibre supply. se . : ‘We expect to be made whole for thal,”’ he > said, adding they’d: actually . prefer alternate ~ “wood be available to then) instead of cash com- “pensation, ; Besides the wood within the 1,930 square kilometre ‘*Nisga’a Lands’’; theagreenient says the province would support any negotiated pur- ’ chase by the Nisga’a of a forest tenure outside that area of up to 150,000 cubic metres. “They've sart of asked around if anyone is in-

Mayor says Nisga’a deal looks workable

SOME FINE-TUNING of the Nisga’a — clause-by-clause look at the treaty to agreement-in-principle = may be sce what kind of economic impact it needed, but on the whole Terrace might have here, Talstra added. Mayor Jack Talstra thinks it’s work- The city will be asking the able. aboriginal affairs ministry to give “Overall it’s a very good first draft money for a study of socio-economic lrealy agreement,’ Talstra said. impacts of the treaty here. “T think the Nispa’a should be con- “It may very well have a very rood gratulated on their achievement to effect,’ he said. ‘'L suspect thal over-

Cree ma pte agi

enter rennetannerne sient ien ©

John Cashore “i ane minister of aboriginal affairs

“Lam proud to be a member of a government that had a vision of B.C, that embraced all af its vilizens.*" .

re ee ee ee)

Dan Miller

MLA for North Coast (NDP)

“How can anyone say after 130 years this wus rushed? It took toa long.**

Mike Scott | . a

MP for Skeena (Refarm) 7

“The vast majority of Nisga’a are going to be on the outside looking in. The most despicable aspect of this proposed treaty is that non-native leaders have completely ignored individual rights, of both Nisga*a and non-Nisga‘a people.’

Jack Weisgerber

B.C. Reform leader

“It will replace existing inequities with a brand new set of inequities that will forever be enshrined in (he Constitution. Instead of moving us closer to the goal of one country, ane people and one law; |

‘the Nisga’a blueprint will permanently cleave us

into a nation that is defined and divided along ra- cial lines,” .

READ ALL ABOUT IT. Government agent Randy Trombley has all the information on the Nisga’a agreement in principle and it's available at the access centre. If you don't want to read the full text —- 127 pages, not including appendices — there's a summary dacument.

lerested in scliing and nobody has stepped for- — sions, Hull said he was relieved. ward,’’ Cloge said. “Tm fairly happy in that it sounds like a lot of ‘There’s no mention of compensation in the the concerns we put to them have been ad- “deal — cither for Repap or for its contractors, dressed,’ he said. ‘At first glance it scems like like Don Hull and Sons Ltd. they listened to us.?? . — “That's of great concem to us,” Lloyd Hull - Others reacted with some apprehension and said Friday. Said there hadn’t been enough time to determine As for the deal itself and its forestry provi- all the ramifications of the deal,

Joe Gosnell ,

president Nisga’a Tribal Council weed

“IT wish ta acknowledge the former government a of William Vander Zalm for bringing the province ol British Columbia into the negotiations. 1 wish to acknowledge Jack Weisgerber, then minister of aboriginal affairs, for signing the framework agreement, and he at that time represented the honour of the Crown. Thank you very much, Jack.”’ ,

going to cost a lot more than the $190 million capital transfer, and there will be ongoing payments to provide ser- vices in the Nass,

“There will always be payments to the Nisga’a. But then. there will al- ways be payments lo the City of Ter- race,” oo

“The treaty process is a give-and-

John Cashore

minister of aboriginal affairs

“Shame on them (Weisgerber and Liberal leader rs Gordon Campbell). They’re playing the race card 7 hs in ashameful way when they should be a

Jack Talstra Council

date,’ he added.

“| know they’re probably celebrat- ing in the Nass Valley..We as their neighbours would like to. celebrate with them. If our neighbours feel bet- ter, we all fee better.”’

The mayor was reluctant to criticize

. Specific details of the deal, saying. mare time is needed to study the agreement.

all it will.”

and for all, will be taking a hard,

# 1763: The Royal Proclamation of 1763 recognizes indian “Nations or Tribes” as owning their lands under: British sovereignty and requires calo- nial governments to purchase such

_ lands by treaty,

@ 1793: Captain George Van- couver's expedition to Observatory Inlet is the first European contact with the Nisga’'a.

Mi 1850-54: Vancouver Island Gov- ernor James Dougias signs 14 treaties with natives to purchase 358 square miles af land on the island. Natives are paid in blankets and are promised rights to hunt on unsettled lands and to fish “as formerty,”

@ 71858: Mainland becomesa colony also under Douglas, who is directed by London to sign more treaties.

@ 1860-64: Instead of treaties, Douglas brings in his system of as- similation — Christianity, small reserves and equal pre-emption rights for natives and whites.

A delegation of Nisga’a chiets travel to Victoria to protest but are refused entry to the legislature.

@ 1862-65: Smallpox epidemics reduce B.C. native population from 60,000 to 40,000.

2 1866: The two colonies are united as British Columbia. The new commissioner of lands, Joseph Trutch, regards natives as primitive savages impeding spread of white civilization. He reduces the size of existing reserves and allows a maxi- mum of 10 acres a family in new reserves, Natives protest.

m 1870; Trutch becomes first Brit- ish or B.C, official to deny existence of aboriginal land title. He reinter- prets the Douglas treaties as gifts in exchange for friendly relations,

gm 1871: B.C. joins Confederation. Ottawa assumes Proclamation of 1763 has been followed, with many treaties signed and reserves as large as those in Ontarlo (80 acres per family).

1870s: Federal Department of indian Affairs extended to B.C. Treaties are signed on prairles grant- ing reserves of 640 acres per family. Ottawa urges reserves of 80 acres. a family in B.C, Governor General urges B,C, to acknowledge Indian title, as other Canadian governments

have. B.C. refuses. Non-native canneries begin to ax-

_ plolt the Nass River fishery,

@ 1884: Parliament outlaws the

patlatch — the major social, econom- ic and cultural institution of coastal natives.

a2 1887; After chasing government land surveyors from the Nass, Nisga’a and Tsimshian chiefs travel to Victoria ta demand recognition of title, negotiation of treaties and provi- sions for self-government. The government agrees to a north coast enquiry. The commissioners reject demands as disloyal ideas planted in primitive minds by whites.

m@ 1890s: Nisga’a natives acquire a printing press and establish their own hewspaper. The Nisga'a Land Com- mittee, first led by Arthur Calder, be- comes the first formalized native pressure group in B.C. -

mi 1912: Premier McBride and new federal Conservative government agree to a commission to settle the B.C. Indian question by re-examining reserve sizes. Hearings continue for four years,

@ 7913: The Nisga’a Land Com- mittee petitions the British govern- ment, demanding title, treaties and self-government. Feds agree to allaw

He noted the forestry section ap- pears ‘‘livable’’ for this treaty, but if duplicated with other tribal groups in the northwest could be a problem.

“T didn’t find the word ‘extinguish- ment’ in the document,” he added, Saying he’s. unsure whether the treaty would séttte all Nisga’a claims once

Talstra said it’s clear the treaty is

THE ROAD TO A TREATY

- take process. If we as.northem white citizens lost something, we probably gained something as well.’

He had some doubts about whether setting. up an. citirely separate court

system for a

the Nisga’a appeal to British courts, as long as Ottawa selects and pays for their lawyers, Natives refuse those terms. *

@ 1916: McKenna-McBride Com- mission recommends adding 87,000 acres to B.C. nalive reserves, The new lands are appraised at an aver- age value of $5.10 an acre. It recom- mends existing reserves at the same time be reduced by 47,500 acres, which average $27.00 an acre in value,

@ 1916-20: Allied Indian Tribes of B.C. hold protest meetings. Indian unrest spreads, A wave of potiatch arrests, convictions and jailings is carried out,

1921; The Imperial Privy Council rules that aboriginal title throughout the empire is a pre-existing right that “must be presumed to have con- tinued unless the contrary is estab- lished,” Federal officials realize they must at all costs keep B.C. natives from bringing their case to the courts.

w 1924: The McKenna-McBride Commission reserve changes are

would be cost-effective, Talstra advises people ‘nol get loo, excited about the deal. “— Be calm and be rational about the whole thing,” he says.

few thousand people

Slalemsmen. It’s incorrect to say this is racially based. It’s based on history.””

James Haldane

21-year-old unemployed Nisga’a

‘Our generation will be the first natives to ever pay'taxes, I'doni’l like that. It’s going to be alot different for my generalion. Hopefully it will bring more opportunities to the valley,’*

adopted. For the next half-century the so-called “cut-offs” stands among natives as the main symbol of white immorality,

@ 1927: Parliament outlaws the receipt of money by anyone froma native for claims-related activity. It is now illegal for natives to press their claims,

1947: Natives get the right to vote in provincial elections.

@ 1948: B.C. grants Tree Farm Licence No. 1 to Columbia Cellulose and large-scale logging begins in the Nass valley,

mi 1949: Nisga’a leader Frank Calder is elected to the B.C, legisla- ture as MLA for Atlin,

1951: After abolishing appeals to the Imperial Privy Council from Ca- nadian courts, the federal govern- ment repeal the laws that prohibit claim and potlatch activity.

m 1955: Frank Calder and other Nisga’a chiefs form the Nisga’a Tribal Council to pursue their claim.

lm 1960: Natives get the right to vote federally, Phase-out of residen- tial schools begins,

THE NISGA’A LAND COMMITTEE

in 1913 tried to appeal to Bri

tion. Now, 83 years later, the old chiefs seem about to get their wish.

al

tish courts for a treaty in the famous Nisga’a Peli-

B 1968: The Nisga’a take their land claim to court. B.C. courts rule that Indian title never existed.

#1973: Supreme Court of Canada rules the Nisga’a did hold title to the jand before B.C. was created. The

- Court splits 3-3 on whether the

Nisga’a still have title. Prime Minister Pierre Trudeau agrees to begin ne- gotiations.

g 1976: Talks begin between the Nisga’a and Ottawa. The province sends observers, but refuses to par- ticipate. Other B.C. native groups be- gin to prepare claims. . Do

@ 1990: After a summer of unrest and court decisions that threaten to halt logging, B.C. premier Bill Vander Zalm agrees to enter Nisga’a negoti- alions. Talks begin in October.

@ 1991-1993: B.C. courts reject Gitksan and Wet’suwet'en chiefs’ claim to their vast land claim, centred on the Hazeltons. The courts rule {hat the province has a fiduciary obli- gation to look after the interests of natives, and that natives have un- defined rights ta the land, but those rights do not include outright title, Ne- gotiations begin between the Gitksan, the province and federal ne- gotiators.

W 1994: Forty-seven native groups sign up for negotiations under the B.C. Treaty Commission process, A large but key group of natives in the southern interior refuse to join the treaty commission.

@ 1995: A dispute on the cost- sharing agreement between the feds and the province resulted in a suspension of negotiations until the issue was sorted out. Increased thetoric by Reform and Liberal politicians fuelled speculation that a new government might not honour a Nisga’a agreement-in-principle signed by the NDP. ,

m@ 1996: The province breaks off talks with the Gitxsan, saying they are simply too far apart. If the two sides don't reconcile, the Gitxsan case will go to the Supreme Court of Canada. ,

Just a week later, an agreement-in- principle is announced to settle the Nisga’a land claim that includes $190 million, 1,930 square kilometres of land, resource rights, a share of the Nass River fishery and self- government provisions, -

Provincial parties prepare for a coming election in which the Nisga'a deal is expected tobe a key issue.