country and claim it as their own... They have stolen our lands and everything on
them...
After a time when they saw that our patience might get exhausted and that we might cause trouble if we thought all the land was to be occupied by whites they set aside
many small reservations for us here and there over the country. This was their proposal not ours, and we never accepted these reservations as settlement for anything, nor did we sign any papers or make any treaties... They thought we would be satisfied with this, but we never have been satisfied and never will be until we get our rights.
Bitter insult, the Interior Chiefs told Laurier, was added to injury when the settlers not only invaded our territory, but also began to treat us as trespassers and bar us from
the lands that had been ours since time immemorial.
Gradually. The as the whites... became more and more powerful, and we less and less powerful, they little by little changed their policy towards us, and commenced to put restrictions on us... They treat us subjects without any agreement to that effect, an force their laws on us without our consent and irrespective of whether they are good for us or not...d
In many places we are debarred form camping, traveling, gathering roots and obtaining wood and water as heretofore. Our people are fined and imprisoned for breaking the game and fish laws and using the same game and fish which we were told would always be ours for food . Gradually we are becoming regarded as trespassers over a large portion of this our country.
The Government believes that full ownership implies many things. It carries with it the free choice of use, of retention or of disposition. In our society it also carries with it an obligation to pay for certain services. The Government recognizes that it many not be acceptable to pull all lands into the provincial systems immediately and make them subject to taxes. When the Indian people see that only way they can own and fully control land is to accept taxation the way other Canadians do, they will make the decision.
The fact that these measures would not only contravene but also render inoperative the treaties was immediately recognized by the Chiefs. "It is inconceivable, "he said,
"that in a given society. We must be all equal under the laws and we must not treaties amongst ourselves,"Furthermore,"we can't recognize aboriginal rights no society can be built on historical might have been."
Under the modified right model, aboriginal rights are not released, but are modified into the rights articulated and defined in the treaty. Under the non-assertion model,
Aboriginal rights are not released, and the Aboriginal group agrees to exercise only those rights articulated and defined in the treaty and to assert no other Aboriginal
rights.
The inherent right of Aboriginal set-government is recognized and affirmed in section 35 of the Constitution Act, 1982, as an Aboriginal and treaty-protected right. The inherent right is thus entrenched in Canadian construction, providing a basis for Aboriginal government to function as one of three distinct orders of government in Canadian.
You only have to look at the recent glum twentieth anniversary of the B.C. Treaty Process to see how the government offensive, with its suite of legislation and aggressive "results based" negotiations, has the air of a desperate. gamble to regain traction in pointlessly spinning negotiations.
Commitment to an immediate high level working process with Treaty Nation leadership for establishing frameworks with necessary mandates for the implementation and enforcement of Treaties on a Treaty by Treaty basis, between the Treaty parties Nation-to-Nation.
It then addressed the Title and treaty rights threatened under the Chrétien proposand summed up the overall effect: "We would be left with no land and consequently
the future generation would be condemned to the despair and ugly spectre of urban poverty in ghettos."
The White Paper livers on in the termination treaty process of the past twenty years.
It is in the push for taxing reserves.
At first they looked only for gold. We knew the latter was our property, but as we did not use it much not need it to live by we did not object to their searching for it. They told us, " Your country is rich and you will be made wealthy by our coming.
We wish just to pass over your lands in quest of gold."
Soon they saw the country was good and some of them made up their minds, to settler it. They commenced to take up pieces of land here and there. They told
us of these pieces of land for a few years, and then would give us some of the products they raised for the loan of our land.
Thus they commenced to enter our " house." or live on our "ranches." With us when a person enter our house he becomes our guest, and we must treat him hospitable as long as he shows no hostile intentions. At the same time we expect him to return to us equal treatment for what he receives.
The White Paper's attack on our lands and on our every essence as Indigenous peoples galvanized the newly formed National Indian Brotherhood. He and his
fellow leaders organized mass meetings across the country to send Ottawa the message that the White Paper would never be accepted.
He and his fellow leaders organized mass meetings across the country to Ottawa the message that the White Paper would never be accepted. Its mission, after all, was the same as Duncan Campbell Scott's stated goal in the 1920s: solving the
Indian problem by ensuring that every individual in that " weird and waning race " would disappear into the Canadian body politic. Unfortunately, these goals and most of the specific policies of the White Paper have remained constant in Canadian Indian policy ever since.
They proposed that our land, after some " intermediate states,"be reduced to "fee simple" ownership. That is to say, to turn our homelands into real estate that is bought and sold on b the open market with property tax collected by the province
as with all other mortgage lots. Aboriginal title lands would be struck out of existence and reserve lands would cease to exist under the fee simple arrangement.
The White Paper's attack on our lands and on our every essence as Indigenous peoples galvanized the newly formed National Indian Brotherhood. He and his
fellow leaders organized mass meetings across the country to send Ottawa the message that the White Paper would never be accepted.
He and his fellow leaders organized mass meetings across the country to Ottawa the message that the White Paper would never be accepted. Its mission, after all, was the same as Duncan Campbell Scott's stated goal in the 1920s: solving the
Indian problem by ensuring that every individual in that " weird and waning race " would disappear into the Canadian body politic. Unfortunately, these goals and most of the specific policies of the White Paper have remained constant in Canadian Indian policy ever since.
They proposed that our land, after some " intermediate states,"be reduced to "fee simple" ownership. That is to say, to turn our homelands into real estate that is bought and sold on b the open market with property tax collected by the province
as with all other mortgage lots. Aboriginal title lands would be struck out of existence and reserve lands would cease to exist under the fee simple arrangement.
As the White Paper put it:
The White Paper was not only frighteningly bad policy, the Red Paper continued, it was a profound insult to all of the Indian people who took part in the consultations that preceded it. On the land question, the Red Paper flatly rejected the fee simple arrangement.
The government wrongly thinks that the Crown owns reserve lands.
The White Paper was not only frighteningly bad policy, the Red Paper continued, it was a profound insult to all of the Indian people who took part in the consultations that preceded it. On the land question, the Red Paper flatly rejected the fee simple arrangement.
The government wrongly thinks that the Crown owns reserve lands.
The Crown merely " holds" such Iands they belong to Aboriginals.
The government also thinks that Aboriginals only can own land in the Old World, European sense of land ownership.Aboriginal people should be allowed to control land in a way that respects both their historical and legal rights.
All contain essential ingredients of the White Paper: extinguishing our title to our lands, rendering our treaties obsolete, and ending our existence as sovereign people.
All contain essential ingredients of the White Paper: extinguishing our title to our lands, rendering our treaties obsolete, and ending our existence as sovereign people.
In band council offices today, you find the same lethargy that you find at Department of Indian Affairs headquarter, as the Indian bureaucrats administer the same program by the same Department of Indian Affairs guideline as the non- Indigenous official one did.Our band council office have become perfect little Department of Indian Affairs brand offices and leadership, too often, serve as junior
government officials.
2.
In the " equality" provisions of the charter of rights, the federal government would have tools to undermine our nations by stripping away Aboriginal rights that were not the same as those as other Canadians enjoyed. At the same time, patriation presented us
with an opportunity to correct the exclusion of our rights from the 1867 BNA Constitution ACT, which had given all power over our lives and our lands to the federal government. The protection of our Aboriginal and treaty rights in the new 1867 BNA constitution was a question of our very survival.
The result was that Section 91(24) of the BNA Act, which gave the federal government sole responsibility over " Indians, and Lands reserved for the Indians," would now be.
framed by Section 35(1) of the Constitution Act, 1982:" The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed,"
In the BNA Act, only two entities were recognized in the Constitution- the federal government in the list of Section 91 powers and the provinces in the of Section 92 powers.
These seventeen words in Section 35 announced a new entity in Canadian power structure:
Aboriginal peoples, whose own constitutionally recognized rights would be " recognized and affirmed, "
What moved the government and the people of Canada was the passion and of our people unified at the grassroots level, demanding justice for themselves and their children.
The Expess turned the patriation from a serious threat to an important gain for us that we continue to build on into the future.
The government waited five years to reply to the UN :
Under the modified rights model, aboriginal rights are not released, but are modified into the rights articulated and defined in the treaty.
The government waited five years to reply to the UN :
Under the modified rights model, aboriginal rights are not released, but are modified into the rights articulated and defined in the treaty.
Under the non-assertion model, Aboriginal
rights are not released, and the Aboriginal group agrees to exercise only those rights articulated and defined in the treaty and to assert no other Aboriginal rights.
We will look more closely at the disastrous consequences of the B.C. Treaty Process in chapter 15. As these land and treaty issue arose in early 1990s, it wasn't s already clear that they touched the core of my people's interests and long- term survival.
The UN has explicitly recognized that in its essence." extinguishment " contravenes international law and " the absolute prohibition against racial discrimination ." As the UN Permanent Forum on Indigenous Peoples observed in 2010: No other peoples
in the world are pressured to have their rights extinguished."
rights are not released, and the Aboriginal group agrees to exercise only those rights articulated and defined in the treaty and to assert no other Aboriginal rights.
We will look more closely at the disastrous consequences of the B.C. Treaty Process in chapter 15. As these land and treaty issue arose in early 1990s, it wasn't s already clear that they touched the core of my people's interests and long- term survival.
The UN has explicitly recognized that in its essence." extinguishment " contravenes international law and " the absolute prohibition against racial discrimination ." As the UN Permanent Forum on Indigenous Peoples observed in 2010: No other peoples
in the world are pressured to have their rights extinguished."
Some might argue that all people have the right to do whatever deal they want, including to extinguish their sovereign rights. The problem is that the birthrights they are selling are not theirs alone, they are those of their children and grandchildren and great-
grandchildren. And those we do not have the right to sell.
This sleight of hand has fooled no one. Even form afar, it is obvious what has been going on. As the Department of Indian Affairs itself admitted, UN bodies saw that replacing "extinguishment" by" certainty" was meaningless:
... the UN Human Rights Committee called on Canada to ensure that alternatives to extinguishment in modern treaties do not, in practice, extinguishment Aboriginal rights.
grandchildren. And those we do not have the right to sell.
This sleight of hand has fooled no one. Even form afar, it is obvious what has been going on. As the Department of Indian Affairs itself admitted, UN bodies saw that replacing "extinguishment" by" certainty" was meaningless:
... the UN Human Rights Committee called on Canada to ensure that alternatives to extinguishment in modern treaties do not, in practice, extinguishment Aboriginal rights.
Similarly, the UN Committee on Economic, Social and Cultural Rights expressed concern that the new approaches " do not differ much form the extinguishment and surrender Approach," and urged a re- examination of governmental policies and practice ensure
they do not result in extinguishment.
( 3)
they do not result in extinguishment.
( 3)
SECWEPEMC'ULECW
Grassroots Movement
1704. " Constitutional common law " is that special type of law that comes into being when a court declares a first principle that is beyond the ordinary jurisdiction of governments unilaterally to repeal 2. Such a law, recognizing native jurisdiction sovereignty, came into existence in 1704. The Mohegans had a legal dispute with the British Colony of
Connecticut over the effect of a treaty upon aboriginal rights. The Colonial Court opposed the Mohegans' application for the appointment of a special unbiased 3 constitutional court, on the ground that the colonial court it already had such jurisdiction, and the Indians were under it. Queen Anne agreed with the Mohegans, and constituted the special court 4, which in turn affirmed the Indians' jurisdiction sovereignty 5.
1763. " Constitutional Act Legislation " consists in those orders in council and statutes of the imperial government which constitute and limit the powers of the federal and
Provincial governments, such as the order in council known as the Royal Proclamation 1763. lt affirms the above mentioned natural, international, common and constitutional law. Only the imperial parliament could enact a repeal 6, but that parliament's enactments have either been neutral to or else reiterative 7 of the previously established
legal
1. Sublimes Deus, 1537. ( Papal Bull ). We ....consider, however, that the Indians are truly men.... we define and declare by these letters, or by any translation thereof signed by any notary public and sealed with the seal of any ecclesiastical dignitary, to which the same credit shall be given as to the originals, that notwithstanding whatever may have been said to the contrary, the said Indians .... are by no means to be deprived of their
liberty or the possession of their property....; and that they may and should, freely and legitimately, enjoy their liberty and possession of their property; nor should they be in any way enslaved; should the contrary happen, it shall be null and of no effect."
2. Dicey. Lectures. 1920. 488. " Judge- made law is subject to certain limitations. It can not openly declare a new principle of law: it must always take the form of a deduction from some legal principle whereof the validity is admitted, or the application or interpretation of some statutory enactment. It can not override statutory law. The courts may, by a process of interpretation, indirectly limit or possibly extend the operation of a statute, but
they can not set a statute aside. Nor have they in England ever adopted the doctrine which exists, one is told, in Scotland, that a statute may be obsolete by disuse. It can not from its very nature override any established principle of judge- made law."
3. Hume. Politics. ( F. Watkins, ed. Toronto. Nelson. 1951. ) Page 84. " Here then is the origin of civil government and society,"
4. pc 2/96: 163-7, 175-6/116:513-515/177:10-11. Attorney General Northey recommended a constitutional " Court" ( rather than a mere royal commission of inquiry ) to adjudicate legal
disputes between Indian nations and crown governments, which recommendation was enacted into law by order in council ( U.K. ) dated 9 March 1704, implemented by the court itself, and confirmed at the appellate level by the Judicial Committee of the Privy Council on 15 January 1773. Smith. Appeals to the Privy Council. 1950. Page 425 ( note 48).
5. Smith. Page 442
6. Campbell v. Hall ( 1774 ). 98 ER 895-8 ( PC ).
7. See, a for example: Quebec Act, 1774, s,3; An Act to Provide for the Government of British Columbia, 21 & 22 Vict, c 99, s. 4; the Constitution Act, 1867, ss. 91 (24). 109 and 129; the Statute of Westminster, 1931, s. 7 (1); and the Constitution Act, 1982, ss. 25( a ) and 35 (1).
(4)
OKANAGAN TRIBAL COUNCIL
Her Royal Majesty , Queen Elizabeth 11, Head of the Commonwealth , Buckingham Palace
London , ENGLAND
Her Royal Majesty , Queen Elizabeth 11 ,
This Is a formal request to set up an appointment for an audience with your Royal Majesty , Queen Elizabeth 11 of England .
We Are asking you to wait and meet with U.S. before you make any decision that will affect the relationship between the Royal Crown and our Nations. There are Three Witnesses that the relationship between our Nations and the Royal Crown continues to exist without diminishment;
1 ) The rising and the setting of the Sun ,
2 ) The Great Waters which continue flow through our Land on its' way to the Ocean,
3 ) The flying of the Royal Flag of the lmperial Crown .
It Is Our understanding that these would always bear witness to the truth of our relationship and is now symbolized in the Royal Coat of Arms of British Columbia granted by King Edward Vll in 1906 .
The four Hereditary Chiefs of our Nations who represented the commitments to this relationship between your predecessors and our people were :
1) N' kwala
2). A' tum
3) N' hum chin
4). Chil hertza
We now wish to make a representation to you through four Chiefs who
( 5 )
Her Royal Majesty , Queen Elizabeth 11
Page 2
March 4 , 1982. stand behind and rejuvenate that relationship ; four Chiefs in whom is invested the same Traditional Hereditary Rights of the four original
Chiefs .
The respect due to the Royal Crown of England has been upheld and has not been diminished in any way our Nations , for that reason , our concerns in the treatment of our children must be brought forward by U.S, to Your Majesty, and for that same reason concerns at the manner of treatment of some of children toward our children
does not accord You, the Queen, the full and due respect to the Crown .
Therefore, we humbly ask that you grant us a reasonable space of time to enable us to dress properly to meet with you . The Traditional and Hereditary Chiefs of the Okanagan and Shuswap Nations speak together through one .
Respectfully your ,
Tommy Gregoire Ch Ch I'm ken
Tommy Gregoire
John Terbasket
W.A. Arnouse
William Chilheetza
Leonard Gregoire
( 6 )
CONFEDERATED TRADITIONAL
OKANAGAN - SHUSWAP NATIONS
DECLARATION
We, the Sovereign Traditional People of the Okanagan and the Shuswap Territories Declare at this time Our Position to be Known Before All People of the World. We Stand Together as one Under Four Hereditary Chiefs :
N' KWAIW
A' tum
N' hum chin
Chil Heetza l
In their declared relationships with the Royal Crown of
England there are three witnesses that the relationship
between our Nations and the Royal Majesty continues
without diminishment:
1. The Rising Setting of the Sun;
2. The Great Waters which continues to Flow through our land on its way the ocean;
3. The Flying of the Royal Flag of the Imperial Crown. It is our understanding that these would always bear witness to the of our Relationship and is now Symbolized in the Royal Coat - of Arms of British Columbia granted by King Edward V 11 in 1906. This is our stated position as it was then and is now.
We Declare that this stated position is Protected and Insured to us through our Four Hereditary Chiefs Agreement with the Crown of England which insured Peaceful Coexistence with our subjects. The Okanagan Nation and the Shuswap Nation are Sovereign Nations. This originates from the Creator when he placed us on this island in our Territory; We were given instruction under which our people have lived in Health from time untold. These instructions are contained in the Teaching of Coyote. It Is through our Values that we live under the instruction of the Creator. Our values form the foundation of our survival.
Therefore, our first responsibility is to protect our
Spirituality. Our People and a Sacred Trust. counties.
Generations to come will carry the Sacred Trust of our Values from one generation to the next to keep it a living thing.
Therefore, our second responsibility is to protect our
Future Generation. Our Culture is a Sacred Trust. the
Values carried by Generation of our People are passed
through the Language, Customs and Knowledge that we
practice in our daily lives.
Therefore , our third Responsibility is to protect our
Culture. The Land is a Sacred Trust. Our Knowledge and
Customs are Understood and Practiced in our relationship
with land in that way it Protects and Ensures our
survival and, therefore it is the Living Body of our Spirituality.
It Is our mother nourishing us in all ways; Physical, Spiritual, Mental, and Emotional.
Therefore, our fourth responsibility is to Protect our
Land. We hold these truths to be the truths upon which we stand as one.
We have never knowingly sold our title to land or the
Rights to use or resources on it. We never made any
Agreements which give any other Nation the right to take any of these Lands Resources into their possession.
We have never lost a war with any Nations. No Nation can claim any of our lands by conquest. We have never given consent to join any other Nation of the World.
We will never surrender our Right to carry the
instructions and Responsibilities the Creator gave to us. We will never betray our Children. We will never consent to Extinguish Our Sovereignty to any Nation.
World in Peace as our Four Hereditary Chiefs declared
before the Crown England.
We declare that the Relationship of the Crown of
England to the Okanaga and Shuswap Nations was of
mutual Respect and Peace with her Subjects, one that
Upholds and Protects and Ensures the Sovereignty and any
of the above mentioned Rights.
This is Witnessed by the Flag that Continues to Fly over
Britain and is Vested in the Royal Promises made to these
Four Chiefs that it would remain so as long as the Great
Waters continues to Flow and as long as the Flag and Britain
continues to fly.
We do not recognize a Relationship with any other
Nation of the World, as long as these Witnesses stand.
We shall stand as one behind This Declaration. Only the
Crown of England the Rights to Changes in its
relationships with us only through Meetings and Agreeing
with the Hereditary Descendants of those four Chiefs behind
whom we stand and rejuvenate the original relationship.
We will never consent to Surrender or Sell our Land. No
one has the to sell what we collectively own.
We will continue to Live on and Use Lands in All our
Territories. We will Live our Spirituality and Share it and pass
it on to All who Desire to live it. We will practice our Rights
to hunt, fish. pick berries, dig roots, and to use the resources
of our Iands,
We will Practice our Way and Teach Our Children our
Ways.
We will use Our Language and Protect it. We will care
for and Respect each other and Protect each other.
We will Protect our land.
We will continue to live as Sovereign People and Never
Surrender under ANY circumstances.
These are Our Rights.
Only the Creator could Take away these Rights.
We Speak As One
/ s / Tommy Gregoire ( Okanagan- Shuswap )
/ s / John Terbasket ( Similkameen- Okanagan )
/ s / W. A. Arnouse ( Shuswap )
/ s/ William Chilheetza ( Okanagan )
Ratified in Good Faith at Alkali Lake, B . C . , on
( 7 )
lNTRODUCTION
The Shuswap Peoples, through their elected Ieaders have mandated
a " Task Force " to research and propose. " MODELS OF SELF-GOVERNMENT ".
This booklet represents the achievement of that mandate. Within
its covers are the combined results of the expressions of Shuswap
people and their declarations, many hours of research and development,
on behalf of the Task Force and some selected perceptions of scholars,
academics, administrators and politicians.
The concept of Shuswap self- government is laden with numerous
variables and complexities, many of which remain to be dealt with, as
resolving them is beyond our mandate. What we have proposed though,
is a necessary beginning for dealing with the issues that arise. We
have outlined the substance and the procedure by which all matters
of particular interest, to Shuswap people, can be formally introduced,
discussed and resolved, by Shuswap people. That exercise is the
essence of self-determination and is called " Self-Government".
To resolve issues that affect all of the people, machinery must be in
place to respond. The mechanism in our proposal is a level of
Indian government that would address the collective needs and
aspirations of the Constituency ( People ). We have called that
mechanism " The Shuswap Proisional Government, fully differentiating,
it form an anticipated " The Shuswap Provisional Government, fully
differentiating, it from an anticipated " Shuswap Nation Government".
The " Shuswap Provisional Government " would fill the void that exists
between the situation of " Today " and the expectations of " Tommorrow ".
It would provide the framework for evolving toward sovereignty ----
rather than munincipalization. lt will also reflect the free-will of a
society and exemplify the sacred duty to the seventh generation in the
future, by not succumbing to the pressures of assimilation.
The proposal, in effect and principle recognizes that the
- PAGE TWO -
reality of Shuswap Society is considerably different than that of a
century ago . Things have changed, and we will not evaluate the degree
of change or attempt to weigh those changes as being good or bad.
Still the fact remains that acculturation, whether intentional or
accidental, has taken place; the economic foundation in the communities
has changed, along with its needs and desires, the spiritual and social
needs are being met in different terms, and " Indian politics " has
evolved . All changing to accept, or be acceptable to, the ever present
western cultures.
This proposal considers the inherent need to change as not only
healthy but a necessary consideration in the development of a governing
model for Shuswap Peoples . Our discussions recognize this change as
" Modernization " and provides for it, without compromising Indian values
or Principles. In this context, we see no need to consider
modernization negatively, it seems necessary and appropriate for
responding to the contemporary issues that are facing the Shuswap
People, and any Model of Self-Government that might evolve.
This is not a radical approach to self-government. The Shuswap
People need not concern themselves about being considered
cessationts or revolutionaries. But, what the world will see, is the
exercise of self-getermination as it is recognized and protected, by
playing a participatory role.
We propose a government with the flexibility to incorporate both
the traditional and modern values of the Shuswap People and provide
the ability to exercise self-determination, gain recognition and
establish National pride in influencing decisions and systems that
directly or indirectly affect the well being of the Shuswap Peoples.
SUBSTANCES
THE SUBSTANCE OF SECWEPMEC NATION GOVERNMENT
1 ) WHEREAS, the SECWEPMEC people recognize that it is their sacred
duty to the Seventh generation in the future, and
2 ) WHEREAS, the SECWEPMEC people recognize that , individually or
collectively, they have no power to extinguish, diminish, alter
cede, surrender, or otherwise affect the relationship between the
SECWEPMEC Peoples and their lands, and
3) WHEREAS, SECWEPMEC Peoples have an international as well as
God
given right to be recognized and treated as a Nation, and
4) WHEREAS, Canada has attempted to assimilate SECWEPMEC Peoples
instead of recognizing and treating Secwpmec People on a Nation
to Nation and a Government to Government basis, and
5 ) WHEREAS, the attempted assimilation of SECWEPMEC Peoples have
seriously eroded and undermine the traditional institutions and
government systems of the SECWEPMEC Peoples and
6) WHEREAS, SECWEPMEC Peoples have rejected assimilation as a
means to improve the living conditions and well being of their
Peoples, and
7 ) WHEREAS, SECWEPMEC Peoples have expressed a clear and strong
desire to rebuild their own distinct institutions and government
systems, and
8 ) WHEREAS, modern reality and modern problems require that
SECWEPMEC institutions and Government system be modernized and
government systems be modernized to deal effectively with todays
complex world, and
9 ) WHEREAS, modernization should take best from the past and the
best brim today 's world and integrate these two different ways
into one strong, modern SECWEPMEC Society, and
10 ) WHEREAS, modernization must begin from where SECWEPMEC
people are and not from where want to be, and
11) WHEREAS, present SECWEPMEC reality evolves from the Indian
Reserve to the extent of Secwpmec traditional national
territorial boundaries, and
12 ) WHEREAS, it is within this national territory that the
, reconstruction of the Secwpmec people must take place, and
13) WHEREAS' a Provisional SECWEPMEC Government should be
established which could work in concert with existing Councils
to re- constitute the essential institutions and government system
needed to repatriate SECWEPMEC lands and resources, and
14) WHEREAS, the Provisional Government would be based upon
the recognition of existing SECWEPMEC Band Councils and
their jurisdiction over matters of a local nature, and
15) WHEREAS, the Provisional SECWEPMEC Government would also recognize
the Universal Declaration of Human Rights " as being the basis upon which
the SECWEPMEC people will define their individual rights " viis-a-vis any
government institutions and systems that will be developed, and
16) WHEREAS, the provision SECWEPMEC Government would be solely
responsible for developing a political program that will firmly entrench a,
Nation to Nation and Government to Government relationship between
Canada and the SECWEPMEC Peoples, and
17) WHEREAS, security of the SECWEPMEC Nation and Her People must
be the collective responsibility of the Government, and
18) WHEREAS, the Provisional Government would concentrate its time
addressing and resolving issues that are regarding, lands,
resources and people that are or who are situated between
existing reserve boundaries, and
19) WHEREAS, the expansion of existing land bases and resource bases
is a long term and major undertaking, the logical responsibility
would be delegated to the SECWEPMEC Provisional Government, and
20) WHEREAS, the SECWEPMEC Provisional Government will be composed
of Chiefs, Councillors and Elders, exclusively responsible for all matters
which do not come within the power and authority of a Band Council
and
21) WHEREAS, the SECWEPMEC Provisional Government will come into
existence and continue on until a permanent SECWEPMEC Go
is established by the SECWEPMEC Peoples.
THEREFORE, the SECWEPMEC People do recognize the import
establishing a SECWEPMEC Nation Provisional Government.
8
Declaration of Kinship and Cooperation among the
Indigenous Peoples and Nation of North America
We, the people knowing that the Creator placed us here on Mother Earth
sovereign nations and seeking to live in peace, freedom and prosperity will
humanity in accordance with our own traditional laws are united in our so
relationship with the land, air, water and resources of our ancestral territor
we are bound by common origin and history, aspiration and experience,
we are brothers and sisters leaders and warriors of our nations.
We, the Assembly of First Nations and the National Congress of America
landians meeting in joint assembly as the largest convocation of indige
Ieadership in North America in the 20 th century, make the following
declaration :
From time immemorial, the lands that are now known as Canada and
United States of America have been and continue to be the sacred home
of indigenous Peoples and Nations :
While our Indigenous Peopls and Nations have distinct identities, cultures,
languages and traditions, we have also been guided by many common
purposes and beliefs, which have been shaped by many common experiences :
We have all retained the inherent right to self-determination. in shaping our own
destinies we will remain faithful to the time honoured traditions of our ancestors
and we will work to secure the greatest possible freedom, dignity and prosperity
for our descendants :
We have all known ourselves as people who live in harmony with our environment
and cherish and protect our traditional homeland .
We have all shared a belief that individuals and peoples must address each
other in a spirit of respect and tolerance :
We have all experienced outside encroachment upon out traditional homelands
and We have striven to co-exist with other peoples and cultures in peace.
Others' hands have drawn boundaries between the Canada and the United States.
These arbitrary line have not severed, and never will, the ties of kinship among our
Peoples.
We are hereby resolved to affirm and to strengthen those bounds of mutual respect
cooperation and affection. As friends and allies, we Indigenous Peoples and Nations
We are hereby resolved to affirm and to strengthen those bonds of mutual respect
cooperation and affection. As friends and allies, we Indigenous Peopies and Nations
will go forward with greater strength and wisdom as we interact with other governments
in our region. our hemisphere and our world
( 2 )
Here in the sacred lands of the Coast Salish People, in the summer of 1999, the
Assembly of First Nations and the National Congress of American landians meet
in joint assembly, In spirit, it has been not a first encounter, but a reunion. We
affirm that the Assembly of First Natios and the National Congress of American
landians each derive their authority from their constituent nations and shall continue
to represent them in a constitutional and democratic manner. We authorize our
national organizations, to inform, assist and support each other in the areas of
common concern, including:
Achieving the full recognition, protection and implementation of the existing legal
and political rights of our constituent nations, including those founded in our own
national law, the laws of Canada and the United States, and in the laws of the wider
international community:
Ensuring that as laws and institutions further develop in various domestic and
international forums and councils,the voices of our nations are included and
respected:
Promoting the practice and preservation of our spiritual and cultural expressions:
Supporting the education of our citizens in our life ways and in the common
Knowledge of humankind:
Raising our children in the loving traditions of our peoples and protecting their
primal connections with their families, communities and nations;
Advancing the economic and social well being of the citizens of all our nations,
whether or not they live within their traditional homelands, while preserving our
traditions of sharingng and social justice:
Protecting and promoting and right of our citizens to move freely across the
border of Canada and the United States while retaining full recognition of their
status as members of indigenous nations.
Our national organizations are authorized and encouraged to identify from time
specific matters on which to focus their collective efforts toward the advancement
of this declaration, The means of cooperation shall involve contacts between the
National organization at various levels,including leaders, officiais or staff.
Each of our national organizations has the authority to establish and receive
diplomatic missions to foster understanding and cooperation. Our national
organizations many choose to enter into specific bilateral agreements in accordance
with our respective constitutions. The national organization many also seek to
strengthen the relationship among our peoples by facilitating exchanges among
the representatives of our constituent peoples, groups and association, and
individual citizens.
We are resolved at this the first ever joint assembly of our national organizations
that we shall convene again on many occasions and that the spirit of understanding
and followship among our peoples that we here experienced shall grow ever stronger
as we take our full and rightful place in the community of all nations.
Let it be resolved that member nations from the Assembly of First Nations and the
National Congress Of American landian having met in joint assembly in Vansouver,
British Columbia, affirm the foregoing, in honor of our ancestors and for the sake
of future generations, as a declaration of international indigenous understanding,
Among nations and organizations.
Certification
On behalf of the Assembly of First Nations and the National Congress of American
landians, in unity, solidanty, mutual respect and friendship, we the undersigned
attest that this declaration represents the collective sentiment of those convened
in Vancouver, British Columbia, Canada on Friday, July 23, 1999
National Chief of the Assembly of First Nations
President of the National Congress of American Indians
( 9 )
1) RESOLVE TO RATIFY THE FOLLOWING DECLARATION SIGNED IN PRINCIPLE:
SECWEPEMC CHIEFS AND REPRESENTATIVES. COLLECTIVALY THE ONLY
SPOKESPERSONS FOR SECWEPEMC, DECLARE THAT ON THIS DAY JANUARY
17, 1983, THAT WE RERFFIRM OUR SOVEREIGNTY OVER OUR TRADITIONAI
TERRITORY
WE FOLLOW THE PATH OF OUR ELDERS AND OUR FOREFATHERS IN STANDING
FIRM FOR OUR SOVEREIGNTY OVER OUR TERRITORY SO THAT THE FUTURE
GENERATIONS OF OUR CHILDERN WILL ALSO HAVE WHAT HAS BEEN HANDED
DOWN TO US BY OUR CREATOR. TODAY THROUGH THIS DECLARATION WE
ENSURE THAT SECWEPEMC SOVEREIGNTY OVER OUR TERRITTORY COMES
FORM
THE PAST. TO THE PRESENT AND FOREVER ON INTO THE FUTURE.
WE HAVE GOVERNED, MANAGED, CONTROLLED, DEVELOPED, PROTECTED
AND DEFENDED OUR TERRITORY SINCE TIME IMMEMORIAL. WE HAVE NEVER
ABANDONED OUR TERRITORY OR SOLD IT. WE HAVE NEVER CONCEDED OUR
SOVEREIGNTY BY AGREEMENT OR BY CONQUEST TO ANY OTHER NATION.
WE DECLARE OUR SOVEREIGNTY OVER ALL OUR LANDS, WATERS, AIR AND
ALL THEIR RESORCES IN THE INTERIOR OF WHAT IS NOW KNOWN AS
BRITISH COLUMBIA, THE LAND GENERALLY SPEAKING THAT LAYS BETWEEN
LATITUDES 50 DEGREES, 30 MINUTES AND 53 DEGREES NORTH, FORM
THE FRASER RIVER AREA TO THE ROCKY MOUNTAINS.
WE WILL WORK ARM IN ARM WITH SECEWPEMC AND OTHER PEOPLES WHO
ARE WILLING TO SUPPORT OUR MANDATE WHICH IS TO AFFIRM OUR SOVER-
EIGNTY OVER OUR TRADITIONAL TERRITORY .
WE, SECWEPEMC , WILL WORK TOWARD SELF-RELIANCE ON THE BASIS OF
CO-OPERATIONS. WE DECLARE OUR SUPPORT IN THE STRUGGLE FOR SELF-
DETERMINATION AND INDEPENDENCE OF INDIGENOUS AND THIRD WORLD
NATIONS.
2. RESOURCING OF SHUSWAP NATION THROUGH A NEW FINANCIAL ARRANGE-
MENT BETWEEN THE SHUSWAP AND FEDERAL GOVERNMENT OF CANADA.
3. WORK TOWARD THE DEVELOPMENT, ESTABLISHMENT AND IMPLEMENTTION
SHUSWAP NATION GOVERNMENT.
4. WORK TOWARD A UNITED SHUSWAP NATION AND ESTABLISHMENT OF CO-
ORDINATED SHUSWAP EFFORTS ON ISSUES OF A COMMON CONCERN.
5. ESTABLISH PROCESSES FOR THE PROTECTIONS, MAINTENANCES AND
ONGOING USE OF RESOURCES IN THE SHUSWAP TERRITORY, RESOURCES
INCLUDING BUT NOT LIMITED TO FISHERIES, WILDLIFE, MINERAL, FORESTRY
AND LAND, WATERWAYS, AND ENVIRONMENTAL CONDITIONS.
6. IMPROVE AND MAINTAIN THE SOCIAL AND ECONOMIC CONDITIONS OF THE
SHUSWAP NATION.
7. THAT THE ACCORD MAY BE AMENDED AT A SHUSWAP NATION ASSEMBLY
BY CONCENSUS OF THE SIGNATORY BANDS TO THE ACCORD.
8. COLLECTIVELY RESOLVE SPECIFIC AND COMPREHENSIVE LAND QUESTIONS
AFFECTING THE SHUSWAP NATION.
(10 )
1. INHERENT RIGHTS AND POWERS OF INDIGENOUS PEOPLES
" One hundred years next year they ( white people ) came amongst us here at
Kamloops and erected a trading post...When they first came among us there
were only landians here. They found the people of each tribe supreme in their
own territory, and have tribal boundaries known and recognized by all."
Memorial of the laterior Chiefs to Sir Wilfrid Laurier ( August 25,1910 )
1. AS lndigenous Peoples and nations, we are the original peoples of our territories, ln
our own languages we call ourselves " the people " of the land, our names tell us
where we come from. We are one with the land. We govern and own our territories
based on our deep-rooted connection to our territories. We, as the current generation
of lndigenous Peoples have inherited our lands, resources and political systems from
our ancestors by birth. It is our responsibility to protect our inherent powers and rights
for future generations. The inherent rights and powers of lndigenous Peoples, including
Indigenous legal systems, are inalienable. These rights cannot be transferred or taken
away from us.
2. As lndigenous Peoples and nations, we have the the right to self- determination which
means we freely and independently determine our own political, legal, economic, social
and cultural systems without external interference. We have our own political status and
we have created our own forms of political representation. Any decisions about the
exercise of inherent rights and powers of lndigenous Peoples must be take by each
people collectively according to our their beliefs, worldviews, priorities, traditions and
aspirations about the future.
3. As lndigenous Peoples and nations, we have established relationships with other
Indigenous Peoples through trade and commerce, lashing declarations, creating
protocols. This includes recognition of each other's territories and sovereignty, peace-
making and settlements, creating treaties and forming alliances with each other sines
time immemorial, This is based on our lndigenous concepts of Sharing and reciprocity.
Our inherent powers and rights sustain good relation with our neighbours.
4. Our legal status as lndigenous Peoples and nations predates contact with Europeans.
It supersedes any assertion or assumption of sovereignty by states such as Britain or
Canada. We have territorial integrity and sovereignty, but unlike states' ours is
legitimate and not based on colonial doctrines. This means that the Canadian state,
for
Towards Recognition of our inherent Rights as lndigenous Peoples
5. Our generation continues the legacy of ensuring that there is reinstatement and
restitution for the history of Crown/ industry/individual conduct that has:
. denied our inherent power and rights as lndigenous peoples;
. dispossessed us of our land and resources;
. violated our human rights; and
. interfered with the free exercise of our sovereignty and right to set- determination.
6. Canadian courts have only recognized minimal aspects of our inherent powers and
rights based on their interstation of Section 35 of the Canadian Constitution.
7. As lndigenous Peoples and nations, we remain colonized by Canada, Our human
and lndigenous rights under international law continued to be violated. We must
understand how and by what methods Canadian laws and policies have wreaked
havoc of our
traditional land and decision-making systems. And through acts of decolonization,
being self- determining, and exercising our inherent powers or sovereignty, we must
begin to untangle ourselves from colonization by Canada. We must critically assess
any new attempts to extinguish our inherent power and rights through federal or
provincial policies, laws and the Canadian constitutional framework. We must be
careful not to provide our free, prior and informed consent to any initiatives that
systemically and blatantly undermine our inherent powers and rights.
8. Decolonization for our peoples will require:
. the exercise of our inherent political and legal power in our territories;
. implementation of international human rights; and
. constitutional and policy reform based on lndigenous rights standards.
9. Decolonization is necessary so that our future generation can live in sustainable
ways in co-existence with other peoples on this planet. We must continue to call
for the free exercise of our political diversity and protect the biodiversity of our
territories.
B. Indigenous Peoples Territorial / Land Systems Based On Indigenous Laws
We claim the sovereign right to all country of our tribe - this country is ours
which we have held intact from the encroachments of other, from time
Immemorial, at the cost of our own blood. We have done because our lives
depended on our country, We have never treatied with them, not given them
any such title. ( We have only lately learned the BC government makes
this claim and that it has for long considered its
property all the territories of the Indian tribes in BC),
Tahltan Declaration, October 18, 1910
19. Our creation stories tell us that we came from our lands and source our identity
as peoples and nations. We have our own distinct traditional land systems that
set out responsibilities to take care of the land. Our future generations will inherent
this sacred legacy.
20. Our land systems set out our territorial boundaries and place names. We govern
our territories according to our own laws and teachings. Our inherent powers, legal
systems
Towards Recognition of our lnherent Rights as lndigenous Peoples
and rights alone determine that we are the legitimate owners of our lands, resources
and territories. We have dispute resolution processes that are formal and informal.
Based on our diplomatic experiences, we have often successfully reached
agreement with our neighbouring peoples about how to regulate our borders and
ensure sustainability.
21. Our distinct land systems have been designed to maintain sufficient access to
resources to sustain our people, provide for trade and technology transfer ( e.g,;
fish weirs ), while at the same time maintaining the integrity of the ecosystem.
Our land systems are sustainable.
22. According to our inherent laws, the power to govern our traditional territional
through our land systems have not been altered by Canada's assumed or
asserted sovereignty. Nor have we ceded,surrendered or extinguished our
territorial jurisdiction to Britain or Canada.
23. Canadian common law elements of Aboriginal Title reflect some aspects our
land systems. Courts have recognized that one of the sources of Aboribinal
, Title is. lndigenous laws. Courts have also recognized that Aboriginal Title
can be exclusive in nature or be jointly shared by lndigenous Peoples. Once
recognized by a court,we can govern Aboriginal Title lands. However, there
. are fundamental distinctions between our respective inherent land systems
and the proprietary nature of Aboriginal Title lands under Canadian law that
are incompatible with our powers to govern our territories as Indigenous
Peoples and nations.
24. For example, the Crown or courts would not have the power to regulate,
define, or infringe our land systems based on our laws and jurisdiction. Our
inherent powers have not authorized such a limitation on jurisdiction over
our territories. Nor would our land systems be parasitic on underlying Crown
title. This is a colonial understanding, based on a legal fiction in Canadian law
, but not our laws. This common law doctrine of Aboriginal Title assumes that
our land rights came into being at the time of the assertion of European
sovereignty, and not before. There is a distinction between Aboriginal Title as
25. Under common law, Aboriginal Title can be surrendered to the federal Crown
for compensation. Under many Indigenous land systems, our territories are
inalienable. The current understanding of the common law doctrine of Aboriginal
Title, presumes that the Canada is the sovereign over our lands. Courts have
considered Aboriginal Title without a full hearing on the issue of our inherent
political status and jurisdiction. To ask us to surrender, extinguish, modify or
subject our inherent power and rights in relation to our territories through
provincial legislation, regulation, policies and negotiation mandates would
perpetuate a great injustice towards us. Solving the land question is not
about being forced to accept that our land systems now continue as title
rights that function and are limited within Canadian jurisdiction and laws.
Rather, the
Towards Recognition of our inherent Rights as lndigenous Peoples
stating point should be how we ensure respect for our land systems within
a context of self-determination of our peoples and co-existence with others
through decolonization.
DECLARATION OF
SECWEPEMC SOVEREIGNTY
1. SECWEPEMC CHIEFS AND REPRESENTATIVES, COLLECTIVELY THE ONLY
SPOKESPERSONS FOR SECWEPEMC, DECLARE THAT ON THIS DAY JANUARY 17,
1983, THAT WE REAFFIRM OUR SOVEREIGNTY OVER OUR TRADITIONAL TERRITORY.
WE FOLLOW THE PATH OF OUR ELDERS AND OUR FOREFATHERS IN STANDING
FIRM FOR OUR SOVEREIGNTY OVER OUR TERRITORY SO THAT THE FUTURE
GENERATIONS OF OUR TERRITORY SO THAT THE FUTURE GENERATIONS OF OUR
CHILDREN WILL ALSO HAVE WHAT HAS BEEN HANDED DOWN TO US BY OUR
CREATOR. TODAY THROUGH THIS DECLARATION WE ENSURE THAT SECWEPEMC
SOVEREIGNTY OVER OUR TERRITORY COMES FROM THE PAST, TO THE PRESENT
AND FOREVER ON INTO THE FUTURE .
WE HAVE GOVERNED, MANAGED,CONTROLLED,DEVELOPED,PROTECTED AND
DEFENDED OUR TERRITORY SINCE TIME IMMEMORIAL.WE HAVE NEVER
ABANDONED OUR TERRITORY OR SOLDIT. WE HAVE NEVER CONCEDED OUR
SOVEREIGNTY BY AGREEMENT OR BY CONQUEST TO ANY OTHER NATION.
WE DECLARE OUR SOVEREIGNTY OVER ALL OUR LANDS,WATERS,AIR AND ALL
THEIR RESOURCES IN THE INTERIOR OF WHAT IS NOW KNOWN AS BRITISH
COLIMBIA, THE LAND GENERALLY SPEAKING THAT LAYS BETWEEN LATITUDES
50 DEGREES, 30 MINUTES AND 53 DEGREES NORTH, FORM THE FASER RIVER
AREA TO THE ROCKY MOUNTAINS.
WE WILL WORK ARM IN ARM WITH SECWEPEMC AND OTHER PEOPLES WHO
ARE WILLING TO SUPPORT OUR MANDATE WHICH IS TO AFFIRM OUR
SOVEREIGNTY OVER OUR TRADITIONAL TERRITORY.
WE, SECWEPEMC, WILL WORK TOWARDS SELF-RELIANCE ON THE BASIS OF
CO- OPERATIONS.
WE DECLARE OUR SUPPORT IN THE STRUGGLE FOR SELF-DETERMINATION
AND INDEPENDENCE OF INDIGENOUS AND THIRD WORLD NATIONS.
2. RESOURCING OF SHUSWAP NATION THROUGH A NEW FINANCIAL ARRANGE-
MENT BETWEEN THE SHUSWAP AND FEDERAL GOVERNMENT OF CANADA.
3. WORK TOWARD THE DEVELOPMENT, ESTABLISHMENT AND IMPLEMENTION
SHUSWAP NATION GOVERNMENTS.
4. WORK TOWARD A UNITED SHUSWAP NATION AND ESTABLISHMENT OF CO-
ORDINATED SHUSWAP EFFORTS ON ISSUES OF A COMMON CONCERN.
5. ESTABLISH PROCESSES FOR THE PROTECTIONS. MAINTENANCE AND
ONGOING USE OF RESOURCES IN THE SHUSWAP TERRITORY. RESOURCES
INCLUDING BUT NOT LIMITED TO FISHERIES,WILDLIFE, MINERAL, FORESTRY
AND LAND, WATERWAYS, AND ENVIRONMENTAL CONDITIONS.
6. IMPROVE AND MAINTAIN THE SOCIAL AND ECONOMIC CONDITIONS OF THE
SHUSWAP NATION.
7. THAT THE ACCORD MAY BE AMENDED AT A SHUSWAP NATION ASSEMBLY
BY CONCENSUS OF THE SIGNATORY BANDS TO THE ACCORD.
8. COLLECTIVELY RESOLVE SPECIFIC AND COMPREHENSIVE LAND QUESTIONS
AFFECTING THE SHUSWAP NATION.
" ALL OUR RELATIONSHIP"
A DECLARATION OF THE SOVEREIGNS
INDIGENOUS NATIONS OF BRITISH COLUMBIA
We, the lndigenous leaders of British Columbia, come together United and celebrate
the victory of the Tsilhqot'in and Xeni Gwet'in peoples in securing recognition of their
Aboriginal title and rights- and all those lndigenous Nations and individuals that have
brought important court cases over the years resulting in significant contributions in the
protection and advancement of Aboriginal title and rights, including the Nisga'a Gitxsan,
Wet'suwet'in, Haida, Taku River Tlingit, Musqueam, Heiltsuk and Sto: lo- shining light on
the darkness of years of Crown denial of our title and rights. After pursuing different
pathways, we now come together to make this solemn Declaration out of our common
desire to be unified in affirming and Aboriginal title.
As the original Peoples to this land, we declare :
. We have Aboriginal title and rights to our lands, waters and resources and that we
will exercise our collective, sovereign and inherent authorities and jurisdictions over
these lands, waters and resources,
. We respect, honour and are sustained by the values, teachings and laws passed to
us by our ancestors for governing ourselves, our lands, waters and resources.
. We have the right to manage and benefit from the wealth of our territories.
. We have the inalienable sovereign right of self-determination. By virtue of this right,
we are free to determine our political status and free to pursue our economic, social,
health and well-being, and cultural development.
. We have diverse cultures, founded on the ways of life, traditions and values of our
ancestors, which include systems of governance, law and social organization.
. We have the right to compensation and redress with regard to our territories, lands
and resources which have been confiscated, taken, occupied, used or damaged
without our free, prior and informed consent.
. We will only negotiate on the basis of full and complete recognition of the existence
of our title and rights throughout our entire lands, waters, territories and resources.
. We acknowledge the interdependence we have with one another and respectfully
honour our commitment with one anther where we share lands, waters and
resources. We commit to resolving these shared lands, waters and resources based
on our historical relationship though ceremonies and reconciliation agreements,
. We endorse the provisions of the UN Declaration on the Rights of lndigenous peoples
and other international standards aimed at,ensuring the dignity, survival and well-
being of lndigenous peoples.
We commit to:
. Stand united today and from this time forward with the Tsilhqot'in and with each
other in protecting our Aboriginal title and rights.
. Recognize and respect each other's autonomy and support each other in exercising
our respective title, rights and jurisdiction in keeping with our continued
interdependency.
. Work together to defend and uphold this Declaration.
We the undersigned, represent First Nations who carry a mandate to advance Title and
Rights in our homelands today referred to as British Columbia and exercise our authorities
in making this Declaration. We welcome other First Nations not present today to adhere
to this Declaation if they so choose.
Signed by First Nations leaders on November 29,2007
11.
SECWEPEMC LEADERSHIP ACCORD
WHEREAS the SECWEPEMC people in SECWEPEMCULL'UW are respecting and recogniz
ing our collective Aboriginal title, rights and interests and:
Whereas we recognize our collective relationship to each other via kinship ties that are over
10,000 years old and:
Whereas the seventeen (17 ) Chiefs of SECWEPEMC in SECWEPEMCULL'UW. are dedicated
to promoting and supporting the efforts of SECWEPEMC to affirm and defend Aboriginal title
and Rights. It is the goal of each Chief to assist each other to exercise their inherent title and
rights and by holding the Crown to its obligation to honour and respect our title and rights
and:
Whereas the Chiefs have developed relationships through sharing, information exchange,
dialogue and respect for and recognition of each other's interests: we desire to build upon
these relationships by affirming our mutual respect for and recognition of each other's
respective mandates and establishing a formal, ongoing political process to work
cooperatively together to advance the interests of SECWEPEMC in SECWEPEMCull'UW
and the world:
Whereas the Chiefs of the 17 communities of the SECWEPEMC Nation have signed
agreements in the past: in 1910 the Memorial to Sir Wilred Laurier and 1911 the
Memorial to Minister Frank Oliver all " All Our Relatons " A Declaration of Sovereign
Indigenous Nation of BC November 29th 2007 and " One Heart One Mind": Statement
of Solidarity & Cooperation for our Children July 23rd 2008:
THEREFORE in the spirit of mutual respect and continued cooperation the Chiefs agree
as follows:
1.0 Purpose of Accord
1.1. The purpose of this Accord is to:
a) Affirm mutual respect, recognition and support of each of the Cheifs for one
another.
b) Each session shall be held on the land with Elders, Council members and
community members in attendance whenever possible
c). Each Year the Chiefs will report back to the people during the Annual Secwepec
Gathering on the critical events and decisions reached throughout the year.
d). All Meetings shall have ceremony as an integral part of the gathering of the
Chiefs
e) There shall be an annual gathering of all Chiefs and all Council member with
Elders.
f). Agenda items for each session
1) Title and Rights
2) Self- Government: Peace. Order and Good Government
3) Jurisdiction, National
4) Economy: rooted in Tradition and Custoin:
- lnternational
- lnnovative
- Multifaceted
- Self- Reliant in our " Ranch "
5) Cutural. Traditional, and Customs:
- Language, values, stories.
- Education
- Training in our seasonal round of life
6) Social
- National reconstruction
7) Co- existence
- Mutual respect and trust
- Reciprocity
3.0 Chairpersons
3.1 There shall be two co- chairpersons one from the northern Seswepemc
communities and one from the central and southern SECWEPEMC
communities.
3.2 There shall be a record of all meetings that will be reported out in the
people via the SECWEPEMC News and other community based media.
3.3 The respective Tribal Council organizations shall act as the secretariat
for the SECWEPEMC Leadership Summit gatherings
4.0 National representation for specifie issues and strategies.
4.1 There shall be representation from Norther. Central and Southern communities.
4.2 lf there are independent communities who are separate from any political
affiliation then the respective geographical Tribal Administration shall keep
them involved as an integral part of the issues being discussed by ensuring
all information and decisions wherever possible include their voice.
4.3 When Chiefs are appointed it their respective duty to report out to their
fellow Chiefs.
5.0 Laws shall be based upon SECWEPEMC oral history
5.1 The Chiefs shall enact National laws to ensure that Secwepemcull'uw
is protected for future generations.
Signed this day of July, 2008
1. INHERENT RIGHTS AND POWERS OF INDIGENOUS PEOPLES
" One hundred years next year they ( white people ) came amongst us here at
Kamloops and erected a trading post... When they first came among us there
were only lndians here. They found the people of each tribe supreme in their own
territory, and having tribal boundaries
known and recognized by all".
Memorial of the lnterior Chiefs to Sir Wilfrid Laurier ( August 25, 1910 )
1. As lndigenous Peoples and nations, we are the original peoples of our territories. In
our own languages we call ourselves " the people " of the land, our names tell us
where we come from. We are one with the land. We govern and own our territories
based on our deep- rooted connection to our territories. We, as the current
generation of lndigenous Peoples have inherited our lands, resources and political
systems from our ancestor by birth. It is our responsibility to protect our inherent
powers and rights for future generations. The inherent rights and powers of
Indigenous Peoples,including lndigenous legal systems, are inalienable. These
rights cannot be transferred or taken away from us.
2. As lndigenous Peoples and nations, we have the right to self-determination which
means we freely and independently determine our own political, legal, economic,
social and cultural systems without external interference. We have our own political
status and we have created our own forms of political representation. Any decisions
about the exercise of inherent rights and powers of lndigenous Peoples must be
taken by each people collectively according to our their beliefs, worldviews, priorities,
traditions and aspirations about the future.
3. As lndigenous Peoples and nations,we have established relationships with other
Indigenous Peoples through trade and commerce, issuing declarations,creating
protocols. This includes recognition of each other's territories and sovereignty,
peacemaking and settlements, creating treaties and forming alliances with each
other since time immemorial. This is based on our lndigenous concepts of sharing
and reciprocity. Our inherent powers and rights sustain good relations with our
neighbours.
4. Our legal status as lndigenous Peoples and nations predates contact with Europeans.
It supersedes any assertion or assumption of sovereignty by states such as Britain or
Canada. We have territorial integrity and sovereignty, but unlike states' our is
Iegitimate and not based on colonial doctrines. This means that the Canadian state,
for example, must obtain our free prior and informed consent as lndigenous Peoples
before doing anything that affects our lands and resources. In the Canadian context,
especially in British Columbia, the inherent power and rights of lndigenous Peoples
have been disrespected and denied through deliberate colonial laws and policies of
Canadian governments.
5. Our generation continues the legacy of ensuring that there is reinstatement and
restitution for the history of Crown/ industry/ individual conduct that has:
. denied our inherent power and rights as lndigenous Peoples;
. dispossessed us of our land and resources;
. violated our human rights; and
. Interfered with the free exercise of our sovereignty and rights to self-
determination.
6. Canadian courts have only recognized minimal aspects of our inherent powers
and rights based on their interpretation of Section 35 of the Canadian Constitution.
7. As lndigenous Peoples and nations, we remain colonized by Canada. Our human
and lndigenous rights under international law continued to be violated. We must
understand how and by what methods Canadian laws and policies have wreaked
havoc of our traditional land and decision-making systems. And through acts of
decolonization,being self-determining, and exercising our inherent powers or
sovereignty, we must begin to untangle ourselves from colonization by Canada.
We must critically assess any new attempts to extinguish our inherent power
and rights through federal or provincial policies, laws and the Canadian
constitutional framework. We must be careful not to provide our free, prior and
informed consent to any initiatives that systemically and blatantly undermine
our inherent powers and rights.
8. Decolonization for our peoples will require:
. the exercise of our inherent political and legal powers in our territories;
. implementation of international human rights; and
. constitutional and policy reform based on lndigenous rights standards.
9. Decolonization is necessary so that our future generations can live in
sustainable ways in co-existence with other people's on this planet. We must
continue to call for the free exercise of our political diversity and protect the
biodiversity of our territories.
A. Our lnherent Political Status as lndigenous Peoples
They treat us as subjects without any agreement to that effect, and force their
Iaws on us without our consent and irrespective of whether they are good for
us or not. They say they have authority over us. They have broken down our
old laws and customs ( no matter how good ) by which we regulated ourselves,
Memorial of the lnterior Chiefs to Sir Wilfrid Laurier ( August 25,1910 )
10. As lndigenous Peoples, our political status is equal to all other peoples in the
world. We possess the inherent power to govern our nations and territories.
International law has recognized that, as indigenous Peoples, we have the
collective right to self- determination.
11. Self- determination includes decision-making methods and processes that
we have developed over time and are shaped by our experiences, the
birthing of or institutions such as the clan, hereditary, and kinship systems,
potlatch, ceremonies, and our relationship to our territories. We do not
trespass, nor interfere with neighbouring peoples' business. We are the only
ones who can make decisions regarding our territories. Political decisions
that relate to matters affecting other peoples as well as our own, must be
deliberated upon internally first, and then negotiated with other peoples
through mechanisms to ensure peace, trade and transfer of knowledge
and for our cultural distinctiveness.
12. Our political systems and relationships to our territories are not structured
like states with central administration governments making decisions on
behalf of their citizens based on representational democracy. The flexibility
and decentralized governance systems we have allow for fluid and inter-
connecting relations internally or with other lndigenous Peoples, Our
systems require that our people fully participate in all decision that affect
them and their territory. Canadian governments must deal with the
legitimate political representative of our peoples.
13. In the past, deliberate attempts by colonial powers to destroy our inherent
political powers, included:
. the imposition of the lndian Act, which meant to suppress traditional
governance:
the potlatch ban; defining lndian status and menbership; and the
undermining of lndigenous women's role in political decision-making;
. attempts by religious institutions to convert our peoples to Christianity
and undermine our methods of decision-making and leadership,
. imposition of provincial laws and regulations regarding land, resources,
wildlife; and
. state's denial of meeting with our inherent political leaders within our
traditional forms of governance.
14. We draw our power and rights from our inherent political system, we cannot
draw it from colonial systems. The proper rights holder for the purposes of
Section 35 of the Canadian Constitution must be determined by lndigenous
Peoples. The proper rights holder cannot derive their power from federal or
provincial laws; it has to be determined according to our own political systems.
Provincial political organizations cannot claim that they are the proper title and
rights holder. They cannot represent our peoples and make decisions regarding
our Aboriginal Title and Rights as they are not the proper rights holder.
15. The current work of the First Nations Leadership Council on the implementation
of the " new relationship" infers that they can make decisions on behalf of
lndigenous Peoples. By working with the province they operated under the
assumption that the province controls all unceded and surrendered lndigenous
territories in the absence of proof of title. The province's objective in enacting
recognition legislation is to support their claim of provincial jurisdiction over
lndigenous lands and to provide certainty for investors under the pretence of
recognition of " pre-existing " interests, rights and title.
16. This is a new form of colonization: The First Nations Leadership Council
worked with provincial representatives to implement the province's objective
of jurisdiction and certainty in relation to our rights. The federal and provincial
governments are working with political organizations who claim to engage on
a " government to government level " by:
. creating initiatives and commitments for maintaining provincial legislative
and administrative control over our territories and resources;
. delineating our territorial boundaries for government certainty/extinguishment;
and
. creating " political/economic or corporate structures" that advise, engage
and make agreements with governments like British Columbia undermining
the requirement for free prior informed consent of indigenous Peoples to
any developments in our traditional territories.
17. The colonial attempts to displace our inherent political decision-making
systems so that Canadian political structures can permanently shape all
decisions made about lndigenous Peoples and our territories most stop!
18. These initiatives by the provincial political organizations do not answer the
land and jurisdiction question that our ancestors over a hundred years ago.
Rather than being advocates and supporters for inherent rights of lndigenous
Peoples, the political organizations have become complicit in the denial and
assimilation of our inherent powers and rights.
B. lndigenous Peoples Teritorial / Land Systems Based On lndigenous Laws
We claim the sovereign right to all country of our tribe-this country is our which we
have held intact from the encroachments of other tribes, from time immemorial, at
The
cost of our own blood. We have done because our live depended on our country.
We
have never treatied with them, not given them any such title. ( We have only
lately learned the B C government makes this claim and that it has for long
considered its.
property all the territories of the lndian tribes in B C).
Tahltan Declaration, October 18,1910
19. Our creation stories tell us that we came from our lands and source our identity
as peoples and nations. We have our own distinct traditional land systems that
set out responsibilities to take care of the land. Our future generation will
inherent this sacred legacy.
20. Our land systems set out our territorial boundaries and place names. We govern
our territories according to our own laws and teachings. Our inherent powers,
legal systems and rights alone determine that we are legitimate owners of our
lands, resources and territories. We have dispute resolution processes that are
formal and informal. Based on diplomatic experiences, we have often successfully
reached agreement with our neighbouring peoples about how to regulate our
borders and ensure sustainability.
21. Our distinct land systems have been designed to maintain sufficient access to
resources to sustain our people, provide for trade and technology transfer ( e. g.:
fish weird ), while at the same time maintaining the integrity of the ecosystem.
Our land systems are sustainable.
22. According to our inherent laws, the power to govern our traditional territories
through our land systems have not been altered by Canada's assumed or
asserted sovereignty. Nor have we ceded, surrendered or extinguished our
territorial jurisdiction to Britain or Canada.
23. Canadian common law elements of Aboriginal Title reflect some aspects our
land systems. Courts have recognized that one of the sources of Aboriginal
Title is lndigenous laws. Courts have also recognized that Aboriginal Title can
be exclusive in nature or be jointly shared by lndigenous Peoples. Once recognized
by a court, we can govern Aboriginal Title lands. However, there are fundamental
distinctions between our respective inherent land systems and the proprietary
nature of Aboriginal Title lands under Canadian law that are incompatible with our
powers to govern our territories as lndigenous Peoples and nations.
24. For example, the Crown or courts would not have the power to regulate, define,
or infringe our land systems based on our laws and jurisdiction. Our inherent
powers have not authorized such a limitation on jurisdiction over our territories.
Nor would our land systems be parasitic on underlying Crown title. This is a
colonial understanding, based on a legal fiction in Canadian law but not our laws.
The common law doctrine of Aboriginal Title assumes that our land rights came
into being at the time of the assertion of European sovereignty, and not before.
There is a distinction between Aboriginal Title as defined by Canadian courts and
lndigenous land systems based on our inherent rights and powers.
25. Under common law, Aboriginal Title can be surrendered to the federal Crown
for compensation. Under many lndigenous land systems, our territories are
inalienable. The current understanding of the common law doctrine of Aboriginal
Title, presumes that the Canada is the sovereign over our lands. Courts have
considered Aboriginal Title without a full hearing on the issue of our inherent
political status and jurisdiction. To ask us to surrender, extinguish, modify or
subject our inherent power and rights in relation to our territories through
provincial legislation, regulation, policies and negotiation mandates would
provincial legislation, regulation, policies and negotiation mandates would
perpetuate a great injustice towards us. Solving the land question is not about
being forced to accept that our land systems now continue as title rights that
function and are limited within Canadian jurisdiction and laws. Rather, the
starting point should be how we ensure respect for our land systems within a
a context of self-determination of our peoples and co-existence with others
through decolonization.
11. UN DECLARATION ON RIGHTS OF INDIGENOUS
PEOPLES AS THE MINIMUM STANDARD
A. Self - Determination
lndigenous Peoples have the right to self- determination. By virture
of that right they freely determine their political status and freely
pursue their economic, social and cultural development
UN Declaration on the Rights of lndigenous Peoples- Article 3
26. At the international level, there has been movement to respect our inherent
political status as peoples with rights to self- determination. The 2007 United
Nations Dedlaration on the Rigths of lndigenous Peoples ( UNDRIP ) contains
minimum standards and norms that can be the starting point for decolonizing
the state-lndigenous Peoples relationship.UNDRIP recognize that lndigenous
Peoples are subjects of international law and have the right to self
determination. In order for Canada to overcome colonial laws and policies,
it has to endorse and implement the principles set out in the UN Declaration
on the Rights of lndigenous Peoples.
27. UNDRIP also recognizes our inherent rights as flowing from our political,
economic and social structures and from our cultures, spiritual traditions,
histories and philosophies, especially our rights to our lands, territories and
resources. We, as lndigenous Peoples, are the representatives of our inherent
powers and rights. We, as lndigenous Peoples are the proper right holders
for our right to self- determination. We, as lndigenous Peoples possess
jurisdiction and sovereignty to make decisions about our respective peoples
and our territories. No state governing structure, organization or other
political structure holds that power. While Canada has refused to endorse
UNDRIP, it is an international standard that the world community has set
and states are bound by its principles.Canada must recognize the UNDRIP
standards for decolonization remedies and substantive measures to ensure
that our distinct political status is respected.
12.
INTERIOR ALLIANCE
Southern Carrier
St'at'imc SECWEPEMC
Nlaka'pamux Okanagan
c/o Shuswap Nation Tribal Council
Suite 304-355 Yellowhead Highway
Kamloops British Columbia, v2H 1H1
Tel : ( 250 ) 828-9789 Telec - ( 250 ) 374-6331
WATER IS LIFE : PROTECT WATER NOW!
Indigenous Declaration on Water
July 8th, 2001 Musqeam Territory
As Indigenous Peoples, we raise our voices in solidarity to speak for the protection of Water.
The Creator placed us on this earth, each in our own sacred and traditional lands,to care for
all of creation. We have always governed ourselves as Peoples to ensure the protection and
purity of water. We stand united to follow and implement our knowledge, laws and self-
determination to preserve Water, to preserve life. Our message is clear: Protect Water Now!
As lndigenous Peoples, we recognize, honour and respect Water as a sacred and powerful
gift from the Creator. Water, the first living spirit on this earth, gives life to all creation. Water
Powerful and pristine, is the lifeblood that sustains life for all peoples, lands and creation. We
know that by listening to the songs of the water, all creation will continue to breathe. Our
Knowledge, laws and way of life teach us to be responsible at all times in caring for this
sacred gift that connects all life. In ceremony and as time comes, the Water sings. Her songs
begin in the tiniest of steams, transforms to flowing rivers, travels to majestic oceans, and
thundering clouds, and back to the earth, to begin again. When Water is threatened, all living
things are threatened. Our hearts cry when we see the ways in which people, through
governments and multinational corporations, destroy the Water in their greed. As Water has
given us life,we must fight for the life of Water. We must continue to hear her songs and
protect this sacred gift from the Creator. We must be prepared.
In this time, we see that our Waters are being polluted with chemicals, pesticides, sewage,
disease and nuclear waste, We see our Waters being depleted or converted into destructive
uses through the diversion of Water systems to different lands, unsustainable economic,
resource and recreational development, the transformation of excessive amounts of Water
into,energy, and the treatment of Water as a commodity, a property interest, that can be
bought, sold and traded in global and domestic economies. We see our Waters governed
by imposed foreign, colonial and inhumane laws and practices that disconnect us as
Peoples from the ecosystem. These laws do not,respect that life is sacred, that Water is
sacred.
Throughout lndigenous territories worldwide, we are witnessing the increasing scarcity of
fresh Waters and the lack of access that we and other life forms such as the land, forests,
animals, plants, marine life, and air have to our Waters, In these times of scarcity, we see
governments creating commercial interests in Water that lead to inequities in distribution
and prevent our access to the life giving nature of Water. When Water is disrespected,
misused and poorly managed, we see the life threatening impacts on all of creation. We
know that our Rights to Self- Determination, jurisdiction, knowledge and laws to protect
the Water are being disregarded, violated and disrespected, We hear the sad and painful
songs of the Water, of the land and our peoples. We hear the Waters call for protection
now.
As lndigenous Peoples, we express our power, to protect the Water and call on all others
concerned to open your minds and hearts and listen to our protection song, our message
and support the call for actions that follow.
We recognize that Water is a sacred gift from the Creator that gives, sustains and nurtures
all life on earth. We recognize the need to share our understanding that Water is sacred
and essential for the survival of all life on earth.
We recognize that as stewards of the lands and waters, and as sovereign peoples who will
never sell nor trade their rights to Water, we lndigenous peoples retain inherent rights and
responsibilities to protect Water.
We recognize that our knowledge and sustainable practices are essential links to the
protection of Water. We recognize lndigenous governments and their jurisdiction to
develop laws and treaties to protect Water.
We support the implementation of lndigenous legal systems in this effort. To retain our
connection to Waters, we must have the right to make decisions about Waters at all
levels.
We resolve to communicate and express our power, our common interest to protect
Water and life, through the building of Water alliances and networks worldwide.
We support all lndigenous peoples and grass roots movements that organize to protect
Water based on their ancestral teachings and laws, and who also respect the role of
Indigenous elders, women and youth the protect Water.
We call for the creation of an international monitoring body to track the trade of Water
in relation to lndigenous peoples.
We resolve to use and develop indigenous, domestic and international mechanisms to
hold corporations,domestic governments and international financial institutions such as
the World Bank and the lnternational Monetary Fund accountable for their actions that
threaten the integrity of Water, our land and our peoples. Systems of restoration and
compensation have to be put in place to restore the integrity of water and eco -systems.
We seek support and solidarity for the opposition to any free trade agreements the purport
to privatize Water and trade Water as a commodity, including the North American Free
Trade Agreement and the proposed Free Trade Area of the Americas.
We endorse declarations and treaties that enshrine the goals stated above such as the
Cochabamba Declaration and the Treaty initiative of the Council of Canadians representing
genuine efforts by concerned citizens, comminities and grass-roots peoples to protect
water.
On this 8th day of July, 2001, the international community and indigenous peoples
assembled at the lnternational Conference on Water for People and Nature organized by
the Council of Canadians, endorsed the lndigenous Declaration on Water.
STATEMENT OF THE ALLIED INDIAN TRIBES OF
BRITISH COLUMBIA FOR THE GOVERNMENT
OF BRITISH COIUMBIA
PART 1.-- GENERAL INTRODUCTORY REMARKS
The Statement prepared by the Committee appoint by the Confernce
held at Vancouver in June, 1916, and sent to the Government of Canada
and the Secretary of State for the Colonies, contained the following:
" The Comittee conclude this statement by asserting that,
" while it believed that all of the lndian tribes of the Pro-
" Vince will press on to the Judicial Committee, refusing to
" consider any so called settlement made up under the Mc
" Kenna Agreement, the Committee also feels certain that the
" tribes allied for that purpose will always be ready to co-
" sider any really equitable method of settlement out of court
" which might be proposed by the Government, "
A resolution, passed by the lnterior Tribes at a meeting at
Spence' s Bridge on the 6th December, 1917, contained the
following:-
" We are sure that the governments and a conisderable number
" of white men have for many years had in their minds a cutie wrong
idea of the claims which we make, and the settlement which we
" desire. We do not want anything extravagant, and we do not want
anything hurtful to the real interest of the white people.
" We want that our actual rights be determined and recognized. We
want a settlement based upon justice We want a full opportunity
of making a future for ourselves.
" We want all this done in such a way that in future we shall be able
to live and work with the white people as our brothers, and fellow
citizens,"
Now we have been informed by our Special Agent that the
Government of British Columbia desires to have form us a statement
further explaining our mind upon the subject of settlement, and in
particular stating the grounds upon which we refuse to accept as a
settlement the findings of the Royal Commission on lndian Affairs for
the Province of British Columbia, and what we regard as necessary
conditions of equitable settlement.
In order that our mind regarding this whole subject may be under-
stood, we desire first to make clear what is the actual present position
of the lndian land controversy in the Provine of British Columbia.
Throughout practically the whole of the rest of Canada, tribal owner-
ship of lands has been fully acknowledged, and all dealings with the
various tribes have been based upon the lndian title so acknowledged.
It was long ago conceded by Canada in the most authoritative way
possible that the lndian tribes of British Columbia have the same title.
This is proved beyond possibility of doubt by the report of the Minister
of Justice, which was presented on January 19, 1875, and was approved
by the Governor-General in Council on January 23, 1875. We set out the
following extract from that report:
" Considering then these several features of the case, that
" no surrender or cession of their territorial rights, whether
" the same be of a legal or equitable nature, has been ever
". executed by the lndian Tribes of the Province-- that they
". allege that the reservation of land made by the Government
". for their use have been arbitrarily so made, and are totally
". inadequate to their support and requirements and without
". their assent -- that they are not averse to hostilities in order
". to enforce rights which it is impossible to deny them, and
". that the Act under consideration not only ignores those
". rights, but expressly prohibits the lndians from enjoying the
". rights of recording or pre-empting land, except by consent
". of the Lieutenant- Governor; the undersigned feels that he
". cannot do otherwise than advise that the Act in question is
". objectionable as tending to deal with lands which are as-
". sumed to be the absolute property of the Province, an as-
". sumption which completely ignores as applicable to the ln-
". dians of British Columbia, the honor and good faith with
". which the Crown has in all other cases since its sovereignt
". of the territories in North America dealt with their various
". Indian Tribes
" The undersigned would also refer to the British North
". America Act, 1867, section 109, applicable to British Colum-
". bia, which enacts in effect that all lands belonging to the
". Province, shall belong to the Province, 'subject to any trust
". existing in respect thereof, and to any interest other than
". that of the Province in the same.'
,
" That which has been ordinarily spoken of as the ' lndian
". title' must of necessity consist of some species of interest in
". the lands of British Columbia.
" If it is conceded that they have not a freehold in the soil,
" but that they have an usufruct , a right of occupation or
". possession of the same for their own use, then it would seem
". that these lands of British Columbia are subject, if not to a
". trust existing in respect thereof,' at least to an interest
". other than that of the Province alone,'"
Since the year 1875, however, notwithstanding to report of
the Mnister of Justice then presented and approved, local
governments have been unwilling to recognize the land rights
which were then recognized by Canada, and the two Govern-
ments that entered into the McKenna-McBride Agreement
failed to recognize those land rights.
If now the governments should be willing to accept the
report and Order- in-Council of the year 1875 as deciding the
land controversy, they would thereby provide what we regard
as the only possible general basis of settlement other than a
judgment of the Judicial Committee of His Majesty's Privy
Council.
By means of the direct and independent petition of the
Nishga Tribe, we now have our case before His Majesty's
Privy Council. We claim that we have a right to a hearing,
a right which has now been made clear beyond any possibility
of doubt. Sir Wilfrid Laurier; when Prime Minister, on behalf
of Canada, met the lndian Tribes of Norther British Columbia,
and promised without any condition whatever that the land
controversy would be brought before the Judicial Committee.
Moreover , the Duke of Connaught, acting as His Majesty's
representative in Canada, gave positive written assurance
that if the Nishga Tribe should not be willing to agree to the
findings of the Royal Commission, His Majesty's Privy Council
will consider the Nishga petition. In view of Sir Wilfrid Laurier's
promise, and the Duke of Connaught's assurances, both of
which confirm what we regard as our clear constitutional right,
we confidently expect an early hearing of our case.
Before concluding these introductory remarks, we wish to
speak of one other matter which we think very important. No
settlement would, we are very sure, be real and lasting unless
it should be a complete settlement. The so-called settlement
which the two governments that entered into the McKenna-
McBride Ageement, have made up is very far indeed from being
complete. The report of the Royal Commission deals only with
Iands to be reserved. The reversionary title claimed by the Province
is not extinguished, as Special Commissioner McKenna said it would
be . Foreshores have not been dealt with. No attempt is made to adjust
our general rights, such as fishing rights, hunting rights and water rights.
With regard to fishing rights and water rights, the Commissioners admit
that they can make nothing sure. It is clear to us that all our general
rights, instead of being taken form us as the McKenna-McBride
Agreement attempts to do by describing the so-called settlement there-
by arranged as " a final adjustment of all matters relating to lndian
affairs in British Columbia" should be preserved and adjusted. Also
we think that a complete settlement should deal with the restrictions
imposed upon lndians by Provincial Statutes and should include a
revision of the lndian Act.
Now, having as we hope made clear the position in which we stand,
and from which we look at the whole subject, we proceed to comply
with the desire of the Government of British Columbia.
PART II. -- REPORT OF THE ROYAL COMMISSION
Introductory Remarks
The general view held by U.S. the report of the Royal Commission,
was correctly stated in the communication sent by the Agents of the
Nishga Tribe to the Lord President of His Majesty's Privy Council on
27th May, 1918.
We now have before us the report of the Royal Commission, and
are fully informed of its contents, so far as material for the purpose
of this statement . The report has been carefully considered by the
Allied Tribes, upon occasion of several meetings, and subsequently
by the Executive Committee of the Allied Tribes.
Two general features of the report which we consider very
unsatisfactory are the following:--
1. The additional lands set aside are to a large extent of
inferior quality, and their total value is much smaller than
that of the lands which the Commissioners recommend
shall be cut off.
2. In recommending that reserves confirmed and additional
Iands set aside be held for the benefit of bands, the Comm-
issioners proceeded upon a principle which we consider err-
onerous as all reserved lands should be held for the benefit
of the Tribes.
Grounds of Refusal to Accept
In addition to the grounds shown by our general introductory
remarks, we mention the following as the principal grounds upon
which we refuse to accept as a settlement the findings of the
Royal Commission:--
1. We think it clear that fundamental matters such as tribal owner-
ship of our Territories require to be dealt with, either by concession
of the governments, or by decision of the Judicial Committee, before
subsidiary matters such as the finding of the Royal Commission can
be equitably dealt with.
2. We are unwilling to be bound by the McKenna-McBride Agreement,
under which the findings of the Royal Commission have been made.
3. The whole work of the Royal Commission has been based upon
the assumption that Article 13 of the Terms of Union contains all
obligation of the two governments towards the lndian Tribes of
British Columbia, which assumption we cannot admit to be correct.
4. The McKenna-McBride Agreement, and the report of the
Royal Commission ignore not only our land rights but also
the power conferred by Article 13 upon the Secretary of
State for the Colonies..
5. The additional reserved lands recommended by the report.
of the Royal Commission, we consider to be utterly inadequate
for meeting the present and future requirements of the Tribes.
6. The Commissioners have wholly failed to adjust the inequal-
ities between Tribes, in respect of both area and value of reserved
Iands, which Special Commissioner McKenna, in his report, pointed
out and which the report of the Royal Commission has proved to
exist.
7. Notwithstanding the assurance contained in the report of Special
Commissioner McKenna, that " such further lands as are required
will be provided by the Province, in so far as Crown lands are available,"
the Province, by Act passed in the spring of the year 1916, took back
two million acres of land, no part of which ; as we understand, was set
aside for the lndians by the Commissioners, whose report was soon
thereafter presented to the governments.
8. The Commissioners have failed to make any adjustment of water-
rights, which in the case of lands situated within the Dry Belt, is
indispensable.
9. We regard as manifestly unfair and wholly unsatisfactory the provisions
of the McKenna-McBride Agreement relating to the cutting-off and reduction
of reserved lands, under which one-half of the proceeds of sale of any such
Iands would go to the Province, and the other half of such proceeds, instead
of going into the hands or being held for the benefit of the tribe, would be
held by the Government of Canada for the benefit of all the lndians of
British Columbia.
PART lll - NECESSARY CONDITIONS OF EQUITABLE
SETTLEMENT
Introductory Remarks
1. In the year 1915, the Nishga Tribes and the lnterior Tribes allied with them,
made proposals regarding settlement, suggesting that the matter of lands to
be reserved be finally dealt with by the Secretary of State for the Colonies
and that all other matters requiring to,be adjusted, including compensation
for lands to be surrendered, be dealt with by the Parnament of Canada .
Those proposals the Government of,Canada rejected by Order-in-Council
passed in June, 1915, mainly upon the ground that the Government was
precluded by the McKenna-McBride Agreement from accepting them. For
particulars we refer to " Record of lnterviews," published in July, 1915, at
pages 21 and 105. It will be found that to some extent these proposal are
incorporated in this statement.
2. Some facts and consideration which, in considering the matter of
additional lands. it is, we think, specially important to take into account,
are the following:--
2.
( 1 ) In the three States of Washington, Idaho and Montana, all
adjoining British Columbia, lndian title has been recognized,
and treaties have been made with the lndian tribes of those
States. Under those treaties, very large area of land have
been set aside. The total lands set aside in those three States
considerably exceeds 10,000,000 acres, and the per capita
area varies form about 200 acres to about 600 acres.
( 2 ). Portions of the tribal territories of four tribes of the Interior
of British Columbia extend into the States above-mentioned,
and thus portions of those tribes hold lands in the Colville
Reservation, situated in the State of Washington, and the
Flathead Reservation, situated in the State of Montana.
( 3 ). By treaties made with the lndian Tribes of the Provinces
of Saskatchewan and Alberta, there has been set aside an
average per capita area of about 180 acres.
( 4 ) For the five Tribes of Alberta that entered into Teaty No 7,
whose tribal territories all adjoin British Colmbia having now
a total lndian population of about 3,500, there was set aside
a total area of about 762,000 acres, giving a per capita area
of 212 acres.
( 5 ) The facts regarding the lndian Tribes inhabiting that part of
Northern British Columbia lying to the East of the Rocky
Mountains shown in lnterim Report No. 91 of the Royal
Commission at pages 126, 127, and 128 of the Report show
that the Royal Commission approved and adopted as a
standard for the lndians of that part of the Provnce occupying
Provincial lands the per capita area of 160 acres of agricultural
land per individual, or 640 acres per family of five, set aside
under Treaty No. 8.
( 6 ). As shown by the facts above stated, all the Tribes that are
close neighbours of the British Columbia lndians on the South
and East have had large areas per capita set aside for their use
and benefit, and the lndians inhabiting the Northeastern portion
of British Columbia have also been fairly treated in the matter of
agricultural lands reserved for them Notwithstanding that state of
affairs, the areas set aside for all the other British Columbia Tribes
average only thirty acres per capita, or from one - fifth to one---
twentieth of the acreage of Reserves set aside for their neighbours.
( 7 ) It may also be pointed out that at one time even this small amount
of land was considered excessive for the needs of the lndian Tribes
British Columbia, as is shown by the controversy which in the year
1873 arose between the two Governments on the subject of acreage
of lands to be reserved for the lndians of British Columbia. ( See Re-
port of Royal Commission at pages 16 and 17. ) At that time the
Dominion Government contended for a basis of 80 aces per family
or 16 acres per capita, and the British Columbia Government cont-
ended for a basis of 20 acres per family or 4 acres per capita.
( 8 ). It may further be pointed out that at that very time, while the Gov-
ernments were discussing the question whether each individual
Indian required 16 acres or 4 acres, the Provincial Government was
allowing individual white men each to acquire by pre-emption 160
acres West of the Cascades and 320 acres East of that Range, each
per-emptor choosing his land how and where he desired.
( 9 ). All the facts which we have above stated when taken together
prove conclusively, as we think, that the per capita area of 30
acres recommended by the Royal Commission is utterly inadeq-
utter, and that a per capita area of 160 acres would be a entirely
reasonable standard, That conclusion is completely confirmed
by our knowledge of the actual land requirements of our Tribes.
( 10 ) At the same time it is clear to us that, in applying that stand-
ard, the widely differing conditions and requirement of various
sections of the Province should be taken into consideration.
( 11 ) We proceed to state what are the conditions and requirements
of each of the sections to which we have referred.
( 12 ) For that purpose we divide the Province into five sections as
follows:
1. Southern Coast.
11. Northern Coast, together with the West Coast of Vancuver
Island.
111 Southern lnterior.
IV. Central lnterior.
V. Northern lnterior.
In the case of Section 11. the conditions are such that the country
is not to any great extent agricultural. The lndians require some
additional agricultural land together with timber lands.
In the case of Section 11. the conditions are such that the country
is not to any great extent agricultural. The lndians require some add-
itional agricultural land together with timber lands.
In the case of Section 111. the conditions are more favourable to
stock raising than to agriculture. Throughout the Dry Belt irrigation
is an absolute necessity for agriculture. The lndians require large
additional areas of agricultural land.
In the case of Section V. the conditions are wholly unfavourable
to both agriculture and stock raising. The main requirement of the
Indians is that, either by setting aside large hunting and trapping
areas for their exclusive use or otherwise, hunting and trapping,
the main industry upon which of necessity they rely, should be fully
preserved for them.
3. It is quite clear to us that these conditions of settlement require
to be considered by the Government of Canada as well as the
Government of British Columbia.
Conditions Proposed as Basis of Settlement
We beg to present for consideration of the two Governments
the following which we regard as necessary conditions of equit-
able settlement:
1. That the Proclamation issued by King George 111. in the year
1763 and the Report presented by the Minister of Justice in the
year 1875 be accepted by the two Governments and established
as the main basis of all dealing and all adjustment of lndian land
rights and other rights which shall be made.
2. That it be conceded that each Tribe for whose use and benefit
land is set aside, ( under Article 13 of the " Terms of Union " )
acquires thereby a full, permanent and beneficial title to the land
so set aside together with all natural resource pertaining thereto;
and that Section 127 of the Land Act of British Columbia be
amended accordingly.
3. That all existing reserves not now as parts of the Railway Belt
or otherwise held by Canada be conveyed to Canada for the use
and benefit of the various Tribes.
4. That all foreshores whether tidal or inland be included in the
reserves with which they are connected, so that the various
Tribes shall have full permanent and beneficial title to such
foreshores.
5. That adequate additional lands be set aside and that to this
end a per capita standard of 160 acres of average agricultural
Iand having in case of lands situated within the dry belt a sup-
ply of water sufficient for irrigation be established, By the word
" standard " we mean not a hard and fast rule, but a general est-
imate to be used as a guide, and to be applied in a reasonable
way to the actual requirements of each tribe.
6. That in sections of the Province in case of which the character
of available land and the conditions prevailing make it impossible
or undesirable to carry out fully or at all that standard the lndian
Tribes concerned be compensated for such deficiency by graz-
ing lands, by timber lands, by hunting lands or otherwise, as the
particular character and conditions of each such section many
require.
7. That all existing inequalities in respect of both acreage and
value between lands set aside for the various Tribes be
adjusted.
8. That for the purpose of enabling the two Governments to
set aside adequate additional lands and adjust all inequali-
ties there be established a system of obtaining lands inclu-
ding compulsory purchase,similar to that which is being
carried out by the Land Settlement Board of British Colu-
bia.
9. That if the Governments and the Allied Tribes should not
be able to agree upon a standard of lands to be reserved
that matter and all other matters relating to lands to be re-
served which cannot be adjusted in pursuance of the prec-
eding conditions and by conference between the two gove-
ernments and the Allied Tribes be referred to the Secretary
of State for the Colonies to be finally decided by that Mini-
aster in view of our land rights conceded by the two Gover-
nments in accordance with our first condition and in pursu-
ance of the provisions of Article 13 of the " Terms of Union"
by such method of procedure as shall be decided by the
Parliament of Canada.
10. That the beneficial ownership of all reserves shall belong
to the Tribes for whose use and benefit they are set aside.
11. That a system of individual title to occupation of partic-
ular parts of reserved lands be established and brought in-
to operation and administered by each Tribe.
12. That all sales, leases and other dispositions of land or
, timber or other natural resources be made by the Govern-
ment of Canada as trustee for the Tribe with the consent
of the Tribe and that of all who may have rights of occup-
ation affected, and that the proceeds be disposed of in
such way and used from time to time for such particular
purposes as shall be agreed upon between the Govern-
ment of Canada and the Tribe together with all those
having rights of occupation.
13. That the fishing rights, hunting rights, and water rights
of the lndian Tribes be fully adjusted. Our land-rights having
first been established by concession or decision we are will-
ing that our general rights shall after full conference between
the two Governments and the Tribes be adjusted by enact-
ment of the Parliament of Canada.
14. That in connection with the adjustment of our fishing
rights the matter of the international treaty recently entered
into which very seriously conflicts with those rights be ad-
judged. We do not at present discuss the matter of fishing
for commercial purposes. However, that matter may stand.
We claim that we have a clear aboriginal right to take salmon
for food. That right the lndian Tribes have continuously exer-
cised form time immemorial. Long before the Dominion of
Canada came into existence that right was guaranteed by
Imperial enactment, the Royal Proclamation issued in the
year 1763. We claim that under that Proclamation and an-
other lmperial enactment, Section 109 of the British North
America Act, the meaning and effect of which were explained
by the Minister of Justice in the words set out above, all power
held by the Parliament of Canada for regulating the fisheries of
British Columbia is subject to our right of fishing. We therefore
claim that the regulations contained in the treaty cannot be ma-
de applicable to the lndian Tribes, and that any attempt to en-
force those regulations against the lndian Tribes is unlawful,
being a breach of the two lmperial enactments mentioned.
15. That compensation be made in respect of the following
particular matters:
( 1 ) Inequalities of acreage or value or both that may be agreed
to by any Tribe.
( 2 ) lnterior quality of reserved lands that may be agreed to by
any Tribe.
( 3 ) Location of reserved lands other than that required agreed
to by any Tribe.
( 4 ) Damage caused to the timber or other. natural resources
of any reserved lands as for example by mining or smelt-
ing operations.
( 5 ) All moneys expended by any Tribe in any way in connect-
ion with the lndian land controversy and the adjustment of
all matters outstanding.
16. That general compensation for lands to be surrendered
be made:
( 1 ) By establishing and maintaining an adequate system of
education, including both day schools and residential in-
dustrial schools, etc.
( 2 ) By establishing and maintaining an adequate system of
medical aid and hospitals.
17. That all compensations provided for by the two preceding
paragraphs and all other compensation claimed by any Tribe
so far as may be found necessary be dealt with by enactment
of the Parliament of Canada and be determined and administ-
ered in accordance with such enactment.
18 That all restrictions contained in the Land Act and other Stat-
utes of the Province be removed.
19 That the lndian Act be revised and that all amendment of that
Act required for carrying into full effect these conditions of sett-
ment, dealing with the matter of citizenship, and adjusting all
outstanding matters relating to the administration of lndian aff-
airs in British Columbia be made.
20. That all moneys already expended and to be expended by
the Allied Tribes in connection with the lndian land controversy
and the adjustment of all matters outstanding be provided by
the Governments.
PART IV . ---CONCLUDING REMARKS
In conclusion we may remark that we have been fully informed on all
matters material to the preparation of this Statement, and have been ad-
vised on all matters which we considered required advice. We have cond-
ucted a full discussion of all points contained in the Statenment, and have
been careful to obtain the mind of all the principal Allied Tribes on all the
principal points. These discussions have taken place at various large inter-
tribal meetings held in different parts of the Province, together with a meet--
ing of the Executive Committee. As result, we think we thoroughly under--
stand the matters which have been under consideration. Having discussed
all very fully, we now declare this Statement to be the well--settled mind of
the Allied Tribes
We have carefully limited our Statement of what we think should be
conditions of settlement to those we think are really necessary. We are
not pressing these conditions of settlement upon the Governments. If the
Governments accept our basis and desire to enter into negotiations
with us, we will be ready to meet them at any time. In this connection ,
however , we desire to make two things clear. Firstly, we are willing to
accept any adjustment which may be arranged in a really equitable way,
but we are not prepared to accept a settlement which will be a mere
compromise. Secondly, we intend to continue sressing our case in the
Privy Council until such time as we shall obtain a judgment, or until such
time as the Governments shall have arrived at a basis of settlement
with us.
To what we have already said we may add that we are ready
at any time to give whatever addititional information and explan-
ation may be desired by the Governments for the further elucida-
ation of all matters embraced in our Statement.
We may further add that the Allied Tribes as a whole and the
Executive Committee are not professing to have the right and
power to speak the complete mind of every one of the Allied
Tribes on all matters, particularly those matters which specially
affect them as lndividual Tribes. Therefore, if the Governmnets
should see fit to enter into negotiation with us, it migtht become
necessary also to enter into negotiation regarding some matters
with individual Tribes
We certify that Statement above set out was adopted at a full
meeting of the Executive Committee of the Allied Tribes of British
Columbia held at Vancouver on the 12th day of Novermber, 1919,
and by the Sub--Committee of the Executive Committee on the
9th day of December in the same year.
" PETER R. KELLY,"
Chairman of Executive Committee
and member of Sub--Committee.
" J. A. TEIT , "
Secretary of Executive Committee
and member of Sub-- Committee.
PETITION TO PARLIAMENT
June 1926
The petition of the Alied Tribes of British Columbia humbly showeth as
follows:
1. This petition is presented on behalf of the Allied Tribes of British Columbia
by Peter R. Kelly, Chairman duly authorized by resolution unanimously adop-
ted by thenExecutive Committee of Allied Tribes on 19 th December, 1925.
2. When British Columbia entered Confederation Section 109 of the British
North American Act was made applicable to all public lands with certain
specific exceptions. By virtue of the application of this Section it was enacted
that public lands belonging to the Colony of British Columbia should belong
to the new Province. By virtue of the application of the same Section as
explained by the Minister of Justice in January 1875, all territorial land rights
claimed be the lndian Tribes of the Province were preserved and it was
enacted that such rights should be an " interest " in the public lands of the
Province. The lndian Tribes of British Columbia claim actual ownership in
the sense of ownership excluding any title of the Crown. It is recognized by
the Allied Tribes that there is in respect of all the public lands of the Province
an underlying title of the Crown which title at least for the present purposes
it is not thought necessary to define.
3. In order to make clear what is meant by an " interest " the petitioners
quote the following words of lord Watson to be found in the lndian Claims
Case L. R. 1897 A. C. at page 210:
" An interest other than that of the Province in the same appear to
them to denoted some right or interest in a third party independent
of and capable of being vindicated in competition with the beneficial
interest of the old Province."
4. The position taken by the allied Tribes was placed before parliament
by means of petition presented to the House of Commons on 23rd
March. 1920, and read in the House of Commons Andre order on 26th
March,1920 ( Hansard p. 825 ) and Petition presented to the Senate on
9th June, 1920, to all content of which two Petition beg leave to refer.
5. In the month of August 1910, Sir Wilfired Laurier, having been advised
by the Department of Justice that lndian land controversy should be Jud--
icially decided, met the lndian Tribes of northern British Columbia at Prince
Rupert and speaking on behalf of Canada said:-
" l think the only way to settle this question that you have agitated for
years is by a decision of the Judicial Committee, and l will take steps
to help you."
6. By agreement which was entered into by the late Mr. J. A. J. McKenna,
Special Commissioner on behalf of the Dominion of Canada and the late
Premier Sir Richard McBride on behalf of the Province of British Columbia
in the month of September 1912, and before the end of that year was
adopted by both Governments, it was stipulated that by means of a Joint
Commission to be appointed. Iands should be added to lndian Reserves
and lands should be cut off form lndian Reserves. by that agreement it
was provided that the carrying out of tits stipulations should be a " final
agreement of all matters relating to lndian affairs in the Province of
British Columbia."
7. On the 30th day of June, 1916, the Royal Commission on lndian Affairs
for the Province of British Columbia appointed in pursuance of the agree--
ment above mentioned issued Report which was place in the hands of
both Governments.
8. In the month of September, 1916, the Duke of Connaught, acting as his
Majesty's Representative in Canada and in response to letter which had
been addressed to him on behalf of the Nishga Tribes and the lnterior
Tribes, gave assurances communicated by His Secretary to the General
Counsel of allied Tribes in the following words:-
" His Royal highness has interviewed the Honourable Dr. Roche with
reference to your letter of the 29th May and your interview with me
and I am commanded by his Royal Highness to state that he considers
it is the duty of the Nishga Tribe of lndians to await the decision of the
Commission, after which if they do not agree to the conditions set forth
by that Commission, they can appeal to the Privy Council in England,
when their case will have every consideration. As their contentions will
be duly considered by the Privy Council in the event of the lndians being
dissatisfied with the decision of the Commission. His royal Highness is
not prepared to interfere in the matter at present and he hopes that you
will advise the lndians to await the decision of this Commission,"
9. The allied Tribes have always. been and still are unwilling to be bound by
the agreement above mentioned and have alway been and still are unwilling
to accept as final settlement the finding contained in the Report of the Royal
Commission.
10. In the year 1920 the Parliament of Canada enacted the law known
as Bill 13 being Chapter 51 of the Statutes of that year authorizing the
Governor General in Council to carry out the agreement above ment--
ioned by,adopting the Report of the Royal Commission. From the pre--
amble and the enacting words the professed purpose of the Bill appe--
ared to be that of effecting settlement by actually adjusting all matters.
11. In course of debate regarding Bill 13 had in the Senate on 2nd June
1920 Sir James Lougheed, leader of the then Government in the Senate,
answering remarks of Senator Bostock by which was expressed the fear
that if the Bill should become law the lndians might "-- be entirely put out
of Court and be unable to proceed an any questions of title." gave the
following assurance ( Debate at Senate -- 1920 p. 475 col. 21:--
" l might say further honourable gentlemen, that we do,not propose
to exclude the claims of lndians. It will be manifest to every honourable
gentleman that if the lndians have claims anterior to Confederation or
anterior to the creation of the two Crown Colonies in the Province of
British Columbia they could be adjusted or settled by the lmperial
Authorities. Those claims are still valid. If the claim be a valid one which
is being advanced by this gentleman and those associated with him as
to the lndian Tribes of British Columbia being entitled to the whole of
the lands in British Columbia his Government Cannot disturb that claim.
That claim can still be asserted in the future."
12. Upon occasion of interview had with the Executive Committee and
the General Counsel of allied Tribes at Vancouer on 27 July, 1923, the
minister of lnterior speaking on behalf of the Government of Canada
conceded that the allied Tribes are entitled to secure judicial decision
of the lndian land controversy and gave assurance that the Dominion
of Canada would help them in securing such decision.
13. By Order in Council passed in the month of August, 1923, the
Government of the Province of British Columbia adopted the Report
of the Royal Commission.
14. By Memorandum which was presented to the Government of
Canada on 29th February, 1924, the allied Tribes opposed the pass-
ing of Order in Council of the Government of Canada adopting the
Report of the Royal Commission upon the ground, among other
grounds, that no matter whatever relating to lndian affairs in British
Columbia having been fully adjusted and important matters such as
foreshore rights, fishing rights, and water rights not having been to
any extent adjusted, the professed purpose of the Agreement and
the Act had not been accomplished.
15. By Order in Council passed on 19th July, 1924, the Government
of Canada, acting under Chapter 51 of the Statutes of the year 1920
and upon recommendation of the Minister of lnterior adopted the
Report of the Royal Commission.
16. From the Memorandum issued by the Deputy Minister of Justice
on 29th February, 1924, answering questions which had been sub--
mitted by the allied Tribes to the Government of Canada, the Order--
in--Council passed on 19th July, 1914, and the Memorandum issued
by the Deputy Minister of lndian Affairs on 9th August, 1924, it clearly
appears as is submitted that both the Department of Justice and the
Department of lndian Affairs regard the Statute Chapter 51 of the year
1920 as intended, not for bringing about an actual adjustment of all
matters relating to lndian affairs, but for the purpose of bringing about
a legislative adjustment of all such matters and thus effecting final
settlement under the laws of Canada without the concurrence or con-
sent of the lndian Tribes of British Columbia.
17. The allied Tribes submit that so far as Section 2 being the main
enactment of Chapter 51 may be interpreted at being intended for
accomplishing the purpose above mentioned and thus bringing to
an end all aboriginal rights claimed by the lndian Tribes of British
Columbia, that enactment is in conflict with the provisions of the
British Columbia, that enactment is in conflict with the provisions
of the British North America Act.
18. On the 15th January, 1925, the Executive Committee of the Allied
Tribes unanimously adopted the following resolution:
" ln view of the fact that the two Governments have passed Orders-
in- Council confirming the Royal Commission on lndian Affairs, we
the Executive Committee of the allied Tribes of British Columbia are
more that ever determined to take such action as may be necessary
in order that the lndian Tribes of British Columbia may receive justice
and are furthermore determined to establish the rights claimed by
them by a judicial decision of his Majesty's privy Council."
19 ln the course of debated had in the House of Commons on 26th
June, 1925, the Minister of lnterior speaking on behalf of the Gov-
ernment of Canada in answer to the representations which had
been made on behalf of the allied Tribes recognized that the allied
Tribes are entitled to obtain form His Majesty's Privy Council dec-
ision of the lndian land controversy and agreed that the Govern-
ment would give authoritative sanction for doing so.
20. With regard to the remark then made by the minister that the
Government would not be justified in providing funds unless"--
something very concrete-- " should be presented, the allied
Tribes submit that they have already presented" something
very concrete " namely , their own conditions proposed for
equitable settlement by their Statement presented to the
Government of British Columbia in response to request
of that Government in the month of December, 1919,
and subsequently presented to Government of
Canada.
21. With regard to the general subject of the funds which as the
allied Tribes claim the Dominion of Canada is under the obliga-
ation of providing, the allied Tribes have placed in the hands of
the Superintendent- General of lndian Affairs to following
Memorial:-
THE ALLIED INDIAN TRIBES OF BRITISH COLUMBIA
to the
SUPERINTENDENT GENERAL OF INDIAN AFFAIRS
By this Memorial of the allied Tribes of British Columbia it is
respectfully submitted as follows:
The allied Tribes submit that the Dominion of Canada is under
Obligation for providing all funds already expended and all
funds requiring hereafter to be expended by the allied Tribes in
dealing with the lndian land controversy, in establishing the
rights of the allied Tribes, and in bringing about final adjustment
of all matters relating to lndian Affairs in British Columbia.
The allied Tribes so submit upon the grounds briefly stated as follows:
1. Well established precedent relating to judicial proceedings intended for
establishing the rights of lndian Tribes and in particular that of the Oka
case, which was carried independently to the Justicial Committee of His
Majesty's privy Council by the lndians interested and of which the total
cost was provided by the Parliament of Canada,
2. The fact that the Dominion of Canada being by virtue of the British
North America Act and the " Terms of Union " Trustee for the lndian
Tribes of British Colnmbia and under all obligations arising from such
trusteeship has by entering into the compact with British Columbia
above mentioned rendered itself incompetent for taking effective action
establishing the rights of the lndian Tribes of British Columbia, as is
clearly show by the Opinion of the Minister of Justice issued in the
month of December 1913, and moreover has put itself in the position
of a party in the case upholding the contentions of the Province of
British Columbia, and by the acts so stated has placed upon the lndian
Tribes the absolute necessity of proceeding independently for establish-
ing their rights.
3. The principle of compensation is respect of all aboriginal land
and other rights of the lndian Tribes of British Columbia,
responsibility for which has already been conceded by the
Dominion of Canada, and of which as the allied Tribes submit
the first item consists of the full expenditure required for
establishing such rights of the lndian Tribes and bringing about
adjustment of all matters now requiring to be adjusted.
4. the assurances which on behalf of the Dominion of Canada
have from time to time been given to the lndian Tribes of
British Columbia and in particular that of Sir Wilfred Laurier
and those of the present Minister of lnterior.
5. The lands and funds held by the Dominion of Canada in trust
for the allied Tribes and being the beneficial property of the allied
Tribes.
Therefore the Allied Tribes now formally demand from the Dominion of
Canada payment of the sum of one hundred thousand dollars,being the
total amount of such expenditures already incurred, and further demand
from the Dominion of Canada that full provision be made for paying all
additional funds which hereafter shall be required for such expenditure,
as shall be agreed upon between the allied Tribes and the Dominion of
Canada or if necessary shall be determined by the Judicial Commitee of
His Majesty's Privy Council.
Dated at the City of Ottawa the. June, 1926.
Chairman of Exective Commitee of Allied tribes.
To Honourable Charles Stewart, Superintendent-General of
lndian Affairs, Ottawa.
22. The Gonernment of Canada having definitely agreed as is above shown
that the Dominion of Canada will facilitate securing from the Judicial
Committee of His Majesty's Privy Council decision of the lmdians land
controversy , the General Counsel of allied Tribes entered upon discu-
ssion with the Minister of Justice regarding the particular method by
which the securing of such decision will be faciltated, and offered to
suggest for consideration of the Minister of Justice common ground
which might be reached by the Government of Canada and the allied
Tribes in connection with the carrying forward of the independent
judicial proceedings of the allied Tribes.
23. In presenting this Petition to the Parliament of Canada as the Supreme
Body representing the Dominion of Canada the alliedTribes declare that,
while it is necessary for them to demand what they consider to be their
rights from both the Province of British Columbia and the Dominion of
Canada and even to contest the validity of an Act of the Parliament of
Canada, they desire and intend to act towards all Ministers of the Cro-
wn , all Members of both Houses of Parliament and all others concern-
ed in a thoroughly reasonable and conciliatory way and that their one
central objective is, by securing judicial decision of all issues involved,
to open the way for bringing about an equitable and moderate sette--
ment satisfactory to the Governments as well as to themselves.
Therefore the Petitioners pray:
1. That by amendment of Chapter 51 of the Statutes of the year 1920
or otherwise the assurance set out in paragraph 11of this Petition be
made effective and the aboriginal rights of the lndian Tribes of
British Columbia be safeguarded.
2. That steps be taken for defining and settling between the allied Tribes
and the Dominion of Canada all issues requiring to be decided between
the lndian Trbes of British Columbia on the one hand and the Government
of British Columbia and the Government of Canada on the other hand.
3. That immediate steps taken for facilitating the independent
proceeding of the allied Tribes and enabling them by securing
reference of the Petition now in His Majesty's Privy Council and
such other independent judicial action as shall be found necessary
to secure judgment of the Judicial Commitee of His Majesty's Privy
Council deciding all issues involved.
4. That this Petition and all related matters be referred to a Special
Committee for full consideration.
Dated at the City of Ottawa, the 10th day of June, 1926.
PETER R. KELLY
Chairman of Executive Committee of Allied Tribes.
A may referendum on Quebec sovereignty win only 40-4-per-cent support.
On June 10 the federal government tables a " Statement of Principles for a New Constitution"
in the House of Commons:
We, the people of Canada, proudly proclaim that we are and shall always be, with the help of
God, a free and self- governing people, born of a meeting of the English and French presence
on North American Soil which had long,been the home of our Native peoples, and enriched
by the contribution of millions of people from the four corners of the earth, we have chosen to
create a life together which transcends the differences of blood relationships, language and
religion, and willingly accept the experience of sharing our wealth and cultures, while respect-
ing our diversity. We have chosen to live together in one sovereign country, a true federation
conceived as a constitutional monarchy and founded on democratic principles. Faithful to our
history, and united by a common desire to give new life and strength to our federation, we are
resolved to create together a new constitution which: shall be conceived and adopted in
Canada, shall reaffirm the official status of the French and English languages in Canada, and
the diversity of cultures within Canadian society, shall enshrine our fundamental freedoms,
our basic civil, human and language rights, including the right to be educated in one's
language, French or English, where numbers warrant, and the rights of our native peoples,
and shall define the anthority of parliament and of the legislative assemblies of our several
Provinces we further declare that our parliament and provincial legislatures, our various
governments and their agencies shall have no other purpose legislatures, our various
governments and their agencies shall have no other purpose than to strive for the happ-
iness and fulfilment of each and all of us.
The government also outlines " Priorities for a new Canadian Constitution,"
The time has come for the government of Canada and the governments of the provinces
to join together in the task of drafting a new Canadian constitution as it enters upon that
task, the government of Canada is dedicated to a full review of all constitutional measures
now applying to our federation. The whole task constitutes a great enterprise and will take
time to achieve. Not all of it can be accomplished at once, nor can we wait until all of it is
done to demonstrate to the people of it can be accomplished at once, nor can we wait
until all of it is done to demonstrate to the people of Canada that trngible progress is being
made.The government of Canada believes, there fore , that intensive work should now
being on a list of items of particular priority to the people of Canada and to governments,
with
13.
1. ABILITY OF THIS COURT TO INTERFERE WITH THE FACTUAL FINDINGS MADE BY
THE TRIAL JUDGE
(3) WHAT IS THE CONTENT OF ABORIGINAL TITLE HOW IS IT PROTECTED BY S. 35(1)
AND WHAT IS REQUIRED FOR ITS PROOF [4] WHETER THE APPELLANTS MAADE OUT
A CLAIM TO SEIF--GOVERNMENT: AND (5) WHETHER THE PROVINCE HAD THE POWER
TO EXTINGUISH ABORIGINAL RIGTHS AFTER 1871, EITHER UNDER ITS OWN
JURISDICTION OR THROUGH THE OPERATION OF S. 88 OF THE INDIAN ACT
THE TRIAL JUDGE REFUSED TO ADMIT OR GAVE NO INDEPENDENT WEIGHT TO THESE
ORAL HISTORIES AND THEN CONCLUDED THAT THE APPRLLANTS HAD NOT
DEMONSTRATED THE REQUISITE DEGREE OF OCCUPATION FOR "OWNER -SHIP" HAD
THE ORAL HISTORIES BEEN VERY DIFFERENTE
THE CONTENT OF ABORIGINAL TITLE, HOW IT IS PROTECTED BY S, 35(1) OF THE
CONSTITUTION ACT,1982,AND THE REQUIREMENTS NECESSARY TO PROVE IT.
ABORIGINAL TITLE IS SUIGENERIS AND SO DISTINGUISHED FORM OTHER
PROPRIETARY INTERESTS,AND CHARACTERIZED BY SEVERAL DIMENSIONS. IT IS
INALIENABLE
AND CANNOT BE TRANSFERRED, SOLD OR SURRENDERD TO ANY-
ONE OTHER THAN THE CROWN, AN OTHER DIMENSION OF ABORIGINAL TITLE IS
ITS SOURCES: ITS RECOGNITION BY THE ROYAL PROCLAMATION, 1763 AND THE
RELATIONSHIP BETWEEN THE COMMON LAW WHICH RECOGNIZE OCCUPATION
AS PROOF OF POSSESSON AND SYSTEMS OF ABORIGINAL LAW PRE-EXISTING
ASSERTION OF BRITISH SOVEREIGNTY. FINALLY ABORIGINAL TITLE IS HELD
COMMUNALLY.
AT COMMON LAW THE FACT OF PHYSICAL OCCUPATION IS PROOF OF POSSESSIN
AT LAW, WHICH IN TURN WILL GROUD TITLE TO THE LAND. PHYSICAL OCCUPATION
MAY BE ESTABLISHED IN A VAIETY OF WAYS, RANGING FROM THE CONSTRUCTION
OF DWELLINGS THROUGH CULTIVATION AND ENCLOSURE OF FIELDS TO REGULAR
USE OF DEFINITE TRACTS OF LAND FOR HUNTING, FISHING OR OTHERWISE
EXPLOTING ITS RESOURCES
IT IS PERSONAL IN THAT IT IS GENERALLY INALIENABLE EXCEPT TO THE CROWN
AND,IN DEALING WITH THIS INTEREST THE CROWN IS SUBJECT TO FIDUCIARY
OBLIGATION TO TREAT THE ABORIGINAL PEOPLE TO LIVE ON THEIR LANDS AS
THEIR FOR FATHERS HAD LIVED
BY CONTRAST A GENERAL CLAIM TO OCCUPY AND POSSESS VAST TRACTS OF
TERRITORY IS THE RIGTH TO USE THE LAND FOR A VARIETY OF ACTIVITIES
RELATED TO THE ABORIGINAL SOCIETY'S HABITS AND MODE OF LIFE. AS WILL
IN DEFINING THE NATURE OF "ABORIGINAL", REFERENCE NEED NOT BE MADE TO
STATUTORY PROVISIONS AND REGULATION DEALING WITH RERVE LANDS
THE "KEY" FACTORS FOR RECOGNIZING ABORIGINAL RIGHTS UNDES. 35(1) ARE
MET IN THE PRESENT CASE FIRST THE NATURE OF AN ABORIGINAL CLAIM MUST
BE IDENTIFIED PRECISELY WITH REGARD TO PARTICULAR PRACTIES, CUSTOMS
AND TRADITIONS WHEN ABORIGINAL CLAIM MUST BE IDENTIFIED PRECISELY
WITH REGARD TO PARTICULAR PRACTIRES,CUSTOMS AND TRADITIONS WHEN
DEALING WITH AA CLAIM OF 'ABORIGINAL TITLE,' THE COURT WILL FOCUSON
THE OCCUPATION AND USE OF THE LAND AS PART OF THE ABORIGINAL
SOCIETY'S TRADITIONAL WAY OF LIFE.
SECOND AN ABORIGINAL SOCIETY MUST SPECIFY THE AREA THAT HAS BEEN
CONTINUOUSLY USED AND OCCUPIED BY IDENTIFYING GENERAL BOUNDARIES.
EXCLUSIVITY MEANS THAT AN ABORIGINAL GROUP MUST SHOW THAT A CLAIMED
TERITORY IS INDEED ITS ANCESTRAL TERRITORY AND NOT THE TERRITORY OF AN
UNCONNECTED OBORIGINAL SOCIETY. IT IS POSSIBLE THAT TWO OR MORE
OBORIGINAL GROUPS MAY HAVE OCCUPIED THE SAME TERRITORY AND THEREFORE
A FINDING OF JOINT OCCUPANCY WOULD NOT BE PRECLUDED.
THIRD THE ABORIGINAL RIGHT OF POSSION IS BASED ON THE CONTINUED OCUPATION
AND USE OF TRADITIONAL TRIBAL LANDS SINCE THE ASSERTION CROWN
SOVEREIGNTY. HOW EVER THE DATE OF SOVEREIGNTY MAY NOT BE THE ONLY
RELEVANT TIME TO CONSIDED. CONTINUITY MAY STILL EXIST WHERE THE PRESENT
OCCUPATION OF ONE ARE A IS CONNECTED TO THE PRE-SOVEREIGNTY OCCUPATION
OF ANOTHER ARE A.AL SO ABORIGINAL PEOPLES CLAIMING A RIGHT OF POSSESSION
MAY PROVIDE EVIDENCE OF PRESENT OCCUPATON AS PROOF OF PRIOR OCCUPATION,
FURTHER IT NOT NECESSARY TO ESTABLISH AAN UNBROKEN CHAIN OF COTINUITY.
FOURTH IF ABORIGINAL PEOPLES CONTINUE TO OCCUPY AND USE THE LAND AS PART
OF THEIR TRADITIONAL WAY OF LIFE,THE LAND IS OF CENTRAL SIGINIFICANE TO THEM.
ABORIGINAL OCCUPANCY REFERS NOT ONLY TO THE PRESENCE OF ABORIGINAL
PEOPLES IN VILLAGES OR PERMANENTLY SETLED AREAS BUT ALSO TO THES USE OF
ADJACENT LANDS ABORIGINAL CLAIM MUST BE IDENTIFIED PRECISELY WITH REGARD
TO PARTICUL PRACTIES, CUSTOMS AND TAD
THE SEVEN FIRE PROPHECY PROPHECY & SUPPLEMENTRY THEORIES
A PROPHECY OF EAACH OF THESE SEVEN PERIODS WERE THEN CALLED A " FIRES "
THE TEACHINGS OF THE SEVEN FIRES PROPHECY ALSO STATE THAT WHEN THE
WORLD HAS BEEN BE FOULED AND THE WATERS TURNED BITTER BY DISRESPECT
HUMAN BEING WILL HAVE TWO OPTIONS TO CHOSE FORM MATERIALISM, IT WILL
BE THE END IT.know
FIRST FIRES PROPHECY
IN THE TIME OF THE FIRST FIRE,THE ANISHINABE NATION WILL RISE UP AND FOLLOW
THE SACRED SHELL OF THE MIDEWIWIN LODGE. THE MIDEWIWIN LODGE WILL SERVE
AS A RALLYING POINT FOR THE PEOPLE AND ITS TRADITIONAL WAYS WILL BE THE
SOURCE OF MUCH STRENGTH THE SACRED MEGIS WILL LEAD THE WAY TO THE
CHOSEN GROUND OF THE ANISHINABE.
YOU ARE TO LOOK FOR A TUTLE SHAPED ISLAND THAT IS LINDED TO THE PURIFIICATION
OF THE EARTH. YOU WILL FIND SUCH AN ISLAND AT THE BEGINNING AND END OF YOUR
JOURNEY. THERE WILL BE SEVEN STOPPING PLACES ALONG THE WAY.
YOU WILL KNOW THE CHOSEN GROUD HAS BEEN REACHED WHEN YOU COME TO A
LAND WHERE FOOD GROWS ON WATER.
IF YOU DO NOT, MOVE , YOU WILL BE DESTROYED.
IN HEEDING THIS PROPHECY THE ANISHINAABE PEOPLES, AFTER RECIVING GUARANTEES OF THE SAFETY OF THEIR " FATHERS" ( THE ABENAKI PEOPLE) AND THEIR
" ALLIED BROTHERS" ( MI' KMAQ ) OF HAVING THE ANLSHINABEG MOVE INLAND AWAY
FORM THE ATLANTIC COAST, MASS MIGRATION OF THE ANISHINAABEG TOOK PLACE,
PROCEEDING TO THE" FIRST STOPPING PLACE " KNOW AS MOONIYAANG,
KNOW TODAY AS MONTREAL , QUEBEC.
THERE THE NATION FOUND A TURTLE-SHAPED ISLAND"
MARKING BY MIIGIS ( COWRIE ) SHELLS
THE NATION GREW TO A LARGE NUMBER AND SPREAD UP BOTH OTTAWA RIVER AND
THE ST LAWRENCE RIVER, THE SECOND OF THE " TURTLE SHAPED ISLAND MARKED
BY MIIGIS SHELLS WAS AT NIAGARA FALLS.
SECOND FIRE PROPHECY
YOU WILL KNOW THE SECOND FIRE BECAUSE AT THIS TIME THE NATION WILL BE
CAMPED BY A LARGE BODY OF WATER.
IN THIS TIME THE DIRECTION OF THE SACRED SHELL WILL BE LOST, THE MIDEWIWIN
WILL DIMINISH IN STRENGTH A BOY WILL BE BORN TO PIONT THE WAY BACK TO THE
TRADITIONAL WAYS HE WILL SHOW THE DIRECTION TO THE STEPPING STONE TO THE
FUTURE OF THE ANISHINAABE PEOPLE.
FIRES SAY THAT THE REALIZATION OF THE SECOND FIRE CAME ABOUT THE " THIRD
STOPPING PLACE " LOCATED SOME WHERE NEAR WHAT NOW IS DETROIT, MICHIGAN.
THE ANISHINAABEG HAD DIVIDED BETWEEN THOSE WHO WENT UP OTTAWA RIVER
AND THOSE THAT WENT UP THE ST LAWRENCE RIVER AFTER LEAVING THE AREA
ABOUT NIAGARA FALLS, THIS GROUP PROCEEDED TO THE " ROUND LAKE " ( LAKE
ST. CLAIR ) AND FOUND THIRD " TURTLE SHAPED ISLAND MAKED BY MIIGIS SHELLS.
THEY CONTINUED WESTWARD UNTIL ARRIVING ALONG THE SOUTHERN SHORES OF
LAKE MICHIGAN, BUT BY THIS TIME, THE EUIDENCE OF THE MIIGIS SHELL WERE LOST,
AND THE SOUTHERN ANISHINAABEG BECAME " LOST " BOTH PHYSICALLY IN THEIR
JOURNEY, AS WELL AS WELL AS SPIRITUALLY IN THEIR JOURNEY. THE SOUTHERN
GROUP OF ANISHINAABEG DISINTERGRATED INTO WHAT TODAY ARE THE OJIBWA
ODAWA AND THE POTAWATOMI.
THE NORTHERN GROUP ALONG THE OTTAWA RIVER DIVIDED INTO ALGONQUIN,
NIPISSING AND THE MISSISSAUGAS, BUT THEY MAINTAINED CHESION THAT WAS
NOT MAINTAINED BY THE SOUTHER GROUP EVENTUALLY, A POTAWATOMI BOY HAD
A DREAM AND POINTED THE SOUTHERN GROUP BACK TOWARDS AND PAST THE
" ROUND LAKE." THE SOUTHERN GROUP REJOINED NOT AS A SINGLE ANISHINAABE
PEOPLEHOOD BUT RATHER AS A UNIFIED ALLIANCE CALLED COUNCIL OF THREE
FIRES TRAVELLING EAST AND NORTH, AND THEN WEST, THE COUNCIL COUNCIL
CROSSED A SERIES OF SMALL ISLANDS KNOWN AS " THE STEPPING STONES "
UNTIL THEY ARRIVED ONTO MANITOULIN ISLAND DESCRIBED AS THE " FOURTH
STOPPING PLACE " OF THE " TURTLE - SHAPED ISLAND " MARKEDBY MIIGIS SHELL.
THERE ON THE ISLAND, THE COUNCIL MET UP WITH THEY MISSISSAUGAS, WHO THEN
SPIRITUALLY FULLY RE- ALIGNED THE FORMERLY LOST SOUTHERN GROUP WITH THE
NORTHERN GROUP, WHO WERE NEVER LOST.
THE ODAWA FACILITATED THE " HEALING " AND THE ISLAND BECAME SYNONYMOS
AS THE " ODAWA'S ISLAND ," IN THE ANISHINAABE LANGUAGE.
THIRD FIRE PROPHECY
IN THE THIRD FIRE...THE ANISHINABE WILL FIND THE PATH TO THEIR CHOSEN GROUND,
A LAND IN THE WEST TO WHICH THEY MOVE THEIR FAMILIES.
THIS WILL BE THE LAND WHERE FOUD GROWS UPON THE WATERS FROM THE CULTURAL
CENTER ON MANITOULIN ISLAND, THE OJIBWE MOVED TO THE AREA ABOUT SAULT STE.
MARIE, WHERE THERE WAS THE NEXT " TURTLE SHAPED ISLAND'"MAKED BY MIIGIS
SHELL.
BAAWATING OR THE " THE RAPIDS " OF THE SAINT MARY'S RIVER BECAME THE " FIFTH
STOPPING PLACE " OF THE OJIBWE. FROM THIS SPOT, THE OJIBWE AND THE RAPEDS
BECAME SYNONYMOUS WITH EACH OTHER, WITH THE OJIBWE KNOW BY THE DAKOTA
PEOPLE AS LYO- HAHANTONWAN ( 'CASCADING- WATER FALLS PEOPLE " ) AND LATER
BY THE FRENCH AS SALILTEURS ( "CASCAADERS" ) AND SAULTEAUX CASCADES"
FROM HERE, THE OJIBWE MOVED WEST, DIVIDING INTO TWO GROUPS , EACH
TRAVELING ALONG THE SHORES OF LAKE SUPERIOR, SEARCHING FOR THE " LAND WHERE FOOD GROWNS UPON THE WATERERS."
FOURTH FIRE PROPHECY
THE FOURTH FIRE PROPHCEY WAS DELIVERED BY A PAIR OF PROHETS THIS FRIST
PROPHETS SAID ;
YOU WILL KNOW THE FUTURE OF OUR PEOPLE BY THE FACE THE LIGHT SHINNED
RACE WEARS. IF THEY COME WEARING THE FACE OF BROTHERHOOD THEN THERE
WILL COME A TIME OF WONDERFUL CHAGE FOR GENERATIONS TO COME. THEY
WILL BRING NEW KNOWLEDGE AND ARITCLES THAT CAN BE JOINED WITH THE
KNOWLEDGE OF THIS COUNTRY,IN THIS WAY TWO NATIONS WILL JOIN TO MAKE A
MIGHTY NATION THIS NEW NATION WILL BE JOINED.BY TWO MORE SO THAT FOUR
WILL, FOR THE MIGHTIEST NATION OF ALL.
YOU WILL KNOW THE FACE OF THE BROTHERHOOD IF THE LIGHT SKIINNED RACE
COMES CARRYING NO WEAPONS, IF THEY COME BEARING ONLY THEIR KNOWLEDGE
AND A HAND SHAKE.
THE OTHER PROPHET SAID :
BEWARE IF THE LIGHT SKINNED RACE COMES WEARING THE FACE OF DEATH. YOU
MUST BE CAREFUL, BECAUSE THE FACE OF BROTHERHOOD AND THE FACE OF
DEATH LOOK VERY MUCH ALIKE.
IF THEY COME CARRYING A WEAPON BEWARE.
IF THEY COME IN SUFFERING...THEY COULD FOOL YOU.
THEIR HEARTS MAY BE FILLED WITH GREED FOR THE RICHES OF THIS LAND. IF THEY
ARE INDEED YOUR BROTHERS, LET THEM PROVE IT.
DQ NOT ACCEPT THEM. IN TOTAL TRUST.
YOU SHALL KNOW THAT THE FACE THEY WEAR IS ONE OF DEATH IF THE RIVERS RUN
WITH POISON AND FISH BECAME UNFIT TO EAT.
YOU SHALL KNOW THEM BY THESE MANY THINGS.
WHILE AT. THE " FIFTH STOPPING PLACE," THE LIGHT SKINNED PEOPLE IN BIG WOUDEN
BOATS, KNOW AS THE FRENCH ARRIVED.
CONSEQUENTLY THE FRENCH WERE CALLED WEMITIGOOZHII
( WOODEN -BOAT PEOPLE" )
THOUGH THE FRENCH CROWN WAS INTERESTD IN COLONIALISM, AS FAR AS THE
ANISHINAABEG WERE CONCERNED, THE FRENCH APPEARED ONLY INTERESTED IN
COMMERCE AND TRADE THROUGH MERCANTILISM.
TOGETHER WITH THE FRENCH THE ANISHINAABEG FROMED TRADE ALLIANCES,
WHICH NOT ONLY EXTENDED FRENCH COLONIAL POWERS INTO THE HEART OF
NORTH AMERICA, BUT STRENGTHENED THE POLITICAL AND MILITARY MIGHT OF
THE ANISHINAABEG.
AFTER THE FRENCH CAME THE ZHAAGANAASH ("OFF SHORE ONES" ) OF GREAT
BRITIAN. BUT OUT OF THE ZHAAGANAASH CAME THE GICHI-MOOKOMAAN ( LE.
AMERICANS ).
FIFTH FIRE PROPHECY
IN THE TIME OF THE FIFTH FIRE... THERE WILL COME A TIME OF GREAT STRUGGLE
THAT WILL GRIP THE LIVES OF ALL NATIVE PROPLE .
AT THE WARING OF THIS FIRE THERE WILL COME AMONG THE PEOPLE ONE WHO
HOLDS A PROMISE OF GREAT JOY AND SALVATION.
IF THE PEOPLE ACCEPT THIS PROMISE OF A NEW WAY AND ABANDON THE OLD
TEACHINGS, THEN THE STRUGGLE OF THE FITTH FIRE WILL BE WITH THE PEOPLE
FOR MANY GENERATIONS.
THE PROMISE THAT COMES WILL PROVE TO BE A FALSE PROMISE ALL THOSE WHO
ACCEPT THIS PROMISE WILL CAUSE THE NEAR DESTRUCTION OF THE PEOPLE.
SIXTH FIRE PROPHECY
IN THE TIME OF THE SIXTH FIRE...IT WILL BE EVIDENT THAT THE PROMISE OF THE
FIRST FIRE CAME IN A FALSE WAY.
THOSE DECEIVED BY THIS PROMISE WILL TAKE THEIR CHILDREN AWAYS FROM
TEACHING OFTHE ELDERS, GRANDSON AND GRANDDAUGTHER WILL TURN
AGAINST THE ELDERS.
IN THIS WAY THE ELDERS WILL LOSE THIER REASON FOR LIVING!-THEY WILL LOSE
THEIR PURPOSE IN LIFE.
AT THIS TIME A NEW SICKNESS WILL COME AMONG THE PEOPLE. THE BALANCE
OF MANY PEOPLE WILL BE DISTURBED.
THE CUP OF LIFE WILL ALMOST BECOME THE CUP OF GRIEF.
SEVENTH FIRE PROPHECY
THE SEVENTH PROPHET THAT CAME TO THE PEOPLE LONG AGO. WAS SAID TO BE
DIFFERENT FROM THE OTHER PROPHETS.
THIS PROPHET WAS DESCRIBED AS " YOUNG AND HAD A STRANGE LIGHT IN HIS
EYES"..AND SAID;
IN THE TIME OF THE SEVENTH FIRE, NEW PEOPLE WILL EMERGE. THEY WILL RETRACE
THEIR STEPS TO FIND WHAT WAS LEFT BY THE TRAIL.
THEIR STEPS WILL TAKE THEM TO THE ELDERS WHO THEY WILL ASK TO GUIDE THEM
ON THEIR JOURNEY.
BUT MANY OF THE ELDERS WILL HAVE FALLEN ASLEEP. THEY WILL AWAKEN TO THIS
NEW TIME WITH NOTHING TO OFFER
SOME OF THE ELDERS WILL BE SILENT BECAUSE NO WILL ASK ANYTHING OF THEM.
IF THE NEW PEOPLE WILL REMAIN STRONG IN THEIR QUEST THE WATER DRUM OF
THE MIDEWIWIN LOGE WILL AGAIN SOUND ITS VOICE.
THERE WILL BE A REBIRTH OF THE ANISHINABE NATION AND A REKINDING OF FLAMES
THE SACRED FIRE WILL AGAIN BE LIT.
IT IS THIS TIME, THAT THE SKINNED RACE WILL BE GIVEN A CHOICE BETWEEN TWO
ROADS.
IF THEY CHOOSE THE RIGHT ROAD THEN THE SEVENTH FIRE WILL LIGHT THE EIGHTH
AND FINAL FIRE, AN ETERNAL FIRE OF PEACE,LOVE BROTHERHOOD AND SISTERHOOD.
IF THE SKINNED RACE MAKE THE WRONG CHOICE OF THE ROADS,THEN THE
DESTRUCTION WHICH THEY BROUGHT WITH THEM IN COME TO THIS COUNTRY
WILL COME BACK AT THEM...
AND CAUSE MUCH SUFFERING AND DEATH TO ALL THE EARTH"S PEOPLE.
EIGHTH FIRE PROPHECY
THE EIGHTH FIRE --IS A TERM ARISING FORM THE TEACHINGS OF THE SEVEN FIRES
PROPHECY.
THE TEACHING SUGGEST THAT IF ENOUGH PEOPLE "OF ALL COLORS AND FAITHS "--
TURN FROM MATERIALISM---
AND INSTEAD CHOOSE A PATH OF RESPECT WISDOM AND SPIRITUALITY---
ENVIRONMENTAL AND SOCIAL CATASTROPHE CAN BE AVOIDED.... AND AN ERA
OF SPIRITUAL ILLUMINATION WILL UNFOLD.
DELGAMUUKW V. BRITISH COL.
THOSE ANCIENT WANDERERS BELIEVED THAT THEY HAD THE RIGHT TO USE THE
LAND AS WELL AS A RESPONSIBILITY TO TAKE CARE OF IT. THIS ATTITUDE
PERSISTS TO THE PRESENT AMONG ABORIGINAL PEOPLE. DELGAMUUKW , A
CONTEMPORARY GITKSAN AND HEREDITARY CHIEF, SAID IN 1987 IN COURT ON
BEHAIF OF A MAJOR LAND CLAIMS:
EACH CHIEF HAS AN ANCESTOR WHO ENCOUNTERED AND ACKNOWLEDGED
THE LIFE OF THE LAND. FORM SUCH ENCOUNTERS COME POWER. THE LAND,
THE ANIMALS AND THE PEOPLE HAVE THE SPIRIT- THEY ALL MUST BE SHOWN
RESPECT. THAT IS BASIS OF OUR LAW.
WE RECEIVED THESE LANDS FROM THE GREAT SPIRIT AND WE MUST HOLD
THEM FOR HIM, AS A STEWARD. A CARETAKER, UNTIL HE RETURNS BY THESE
LAW OF DELGAMUUKW V BRITISH COL.
HEREDITARY CHIFE
OF THE
GRASS ROOT PEOPLE
WHETHER PROVINE COULD EXTINGUISH ABORIGINAL RIGTHS AFTER 1871, ON
APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
CONSTITUTIONAL LAW-ABORIGINAL RIGHTS
SPIRITUAL PEOPLE WERE THE TRUE WARRIORS THE SUNDANCE ARE THE
CARETAKER OF THE LAND BY THE SUNDANCE CHIEF AND THE HEREDITARY
CHIEF----YOU CANNOT OVERSTEP THE TRUE SPIRITUAL PEOPLE BY THESE
LAW CANOT BE OVER CONTRA BY THE PEOPLE. TRUE SPIRITUAL PEOPLE
AND HEREDITARY CHIEF AND SUNDANCE CHIEF AND HIS TRUE WARRIORS
WHERE THE CARETAKER OF THE LAND.
HEREDITARY CHIEF
AND
SPIRITUAL PEOPLE
OF THE
GRASS ROOT PEOPLE
HEREDITARY CHIEF AND SPIRITUAL PEOPLE HAVE TO WORK TOGETHER
ALL THREW OUT TURTLE ISLAND TO COME BACK TO A SOVEREIGN NATION
SIGEN
Therefore, our fourth responsibility is to Protect our
Land. We hold these truths to be the truths upon which we stand as one.
We have never knowingly sold our title to land or the
Rights to use or resources on it. We never made any
Agreements which give any other Nation the right to take any of these Lands Resources into their possession.
We have never lost a war with any Nations. No Nation can claim any of our lands by conquest. We have never given consent to join any other Nation of the World.
We will never surrender our Right to carry the
instructions and Responsibilities the Creator gave to us. We will never betray our Children. We will never consent to Extinguish Our Sovereignty to any Nation.
World in Peace as our Four Hereditary Chiefs declared
before the Crown England.
We declare that the Relationship of the Crown of
England to the Okanaga and Shuswap Nations was of
mutual Respect and Peace with her Subjects, one that
Upholds and Protects and Ensures the Sovereignty and any
of the above mentioned Rights.
This is Witnessed by the Flag that Continues to Fly over
Britain and is Vested in the Royal Promises made to these
Four Chiefs that it would remain so as long as the Great
Waters continues to Flow and as long as the Flag and Britain
continues to fly.
We do not recognize a Relationship with any other
Nation of the World, as long as these Witnesses stand.
We shall stand as one behind This Declaration. Only the
Crown of England the Rights to Changes in its
relationships with us only through Meetings and Agreeing
with the Hereditary Descendants of those four Chiefs behind
whom we stand and rejuvenate the original relationship.
We will never consent to Surrender or Sell our Land. No
one has the to sell what we collectively own.
We will continue to Live on and Use Lands in All our
Territories. We will Live our Spirituality and Share it and pass
it on to All who Desire to live it. We will practice our Rights
to hunt, fish. pick berries, dig roots, and to use the resources
of our Iands,
We will Practice our Way and Teach Our Children our
Ways.
We will use Our Language and Protect it. We will care
for and Respect each other and Protect each other.
We will Protect our land.
We will continue to live as Sovereign People and Never
Surrender under ANY circumstances.
These are Our Rights.
Only the Creator could Take away these Rights.
We Speak As One
/ s / Tommy Gregoire ( Okanagan- Shuswap )
/ s / John Terbasket ( Similkameen- Okanagan )
/ s / W. A. Arnouse ( Shuswap )
/ s/ William Chilheetza ( Okanagan )
Ratified in Good Faith at Alkali Lake, B . C . , on
( 7 )
lNTRODUCTION
The Shuswap Peoples, through their elected Ieaders have mandated
a " Task Force " to research and propose. " MODELS OF SELF-GOVERNMENT ".
This booklet represents the achievement of that mandate. Within
its covers are the combined results of the expressions of Shuswap
people and their declarations, many hours of research and development,
on behalf of the Task Force and some selected perceptions of scholars,
academics, administrators and politicians.
The concept of Shuswap self- government is laden with numerous
variables and complexities, many of which remain to be dealt with, as
resolving them is beyond our mandate. What we have proposed though,
is a necessary beginning for dealing with the issues that arise. We
have outlined the substance and the procedure by which all matters
of particular interest, to Shuswap people, can be formally introduced,
discussed and resolved, by Shuswap people. That exercise is the
essence of self-determination and is called " Self-Government".
To resolve issues that affect all of the people, machinery must be in
place to respond. The mechanism in our proposal is a level of
Indian government that would address the collective needs and
aspirations of the Constituency ( People ). We have called that
mechanism " The Shuswap Proisional Government, fully differentiating,
it form an anticipated " The Shuswap Provisional Government, fully
differentiating, it from an anticipated " Shuswap Nation Government".
The " Shuswap Provisional Government " would fill the void that exists
between the situation of " Today " and the expectations of " Tommorrow ".
It would provide the framework for evolving toward sovereignty ----
rather than munincipalization. lt will also reflect the free-will of a
society and exemplify the sacred duty to the seventh generation in the
future, by not succumbing to the pressures of assimilation.
The proposal, in effect and principle recognizes that the
- PAGE TWO -
reality of Shuswap Society is considerably different than that of a
century ago . Things have changed, and we will not evaluate the degree
of change or attempt to weigh those changes as being good or bad.
Still the fact remains that acculturation, whether intentional or
accidental, has taken place; the economic foundation in the communities
has changed, along with its needs and desires, the spiritual and social
needs are being met in different terms, and " Indian politics " has
evolved . All changing to accept, or be acceptable to, the ever present
western cultures.
This proposal considers the inherent need to change as not only
healthy but a necessary consideration in the development of a governing
model for Shuswap Peoples . Our discussions recognize this change as
" Modernization " and provides for it, without compromising Indian values
or Principles. In this context, we see no need to consider
modernization negatively, it seems necessary and appropriate for
responding to the contemporary issues that are facing the Shuswap
People, and any Model of Self-Government that might evolve.
This is not a radical approach to self-government. The Shuswap
People need not concern themselves about being considered
cessationts or revolutionaries. But, what the world will see, is the
exercise of self-getermination as it is recognized and protected, by
playing a participatory role.
We propose a government with the flexibility to incorporate both
the traditional and modern values of the Shuswap People and provide
the ability to exercise self-determination, gain recognition and
establish National pride in influencing decisions and systems that
directly or indirectly affect the well being of the Shuswap Peoples.
SUBSTANCES
THE SUBSTANCE OF SECWEPMEC NATION GOVERNMENT
1 ) WHEREAS, the SECWEPMEC people recognize that it is their sacred
duty to the Seventh generation in the future, and
2 ) WHEREAS, the SECWEPMEC people recognize that , individually or
collectively, they have no power to extinguish, diminish, alter
cede, surrender, or otherwise affect the relationship between the
SECWEPMEC Peoples and their lands, and
3) WHEREAS, SECWEPMEC Peoples have an international as well as
God
given right to be recognized and treated as a Nation, and
4) WHEREAS, Canada has attempted to assimilate SECWEPMEC Peoples
instead of recognizing and treating Secwpmec People on a Nation
to Nation and a Government to Government basis, and
5 ) WHEREAS, the attempted assimilation of SECWEPMEC Peoples have
seriously eroded and undermine the traditional institutions and
government systems of the SECWEPMEC Peoples and
6) WHEREAS, SECWEPMEC Peoples have rejected assimilation as a
means to improve the living conditions and well being of their
Peoples, and
7 ) WHEREAS, SECWEPMEC Peoples have expressed a clear and strong
desire to rebuild their own distinct institutions and government
systems, and
8 ) WHEREAS, modern reality and modern problems require that
SECWEPMEC institutions and Government system be modernized and
government systems be modernized to deal effectively with todays
complex world, and
9 ) WHEREAS, modernization should take best from the past and the
best brim today 's world and integrate these two different ways
into one strong, modern SECWEPMEC Society, and
10 ) WHEREAS, modernization must begin from where SECWEPMEC
people are and not from where want to be, and
11) WHEREAS, present SECWEPMEC reality evolves from the Indian
Reserve to the extent of Secwpmec traditional national
territorial boundaries, and
12 ) WHEREAS, it is within this national territory that the
, reconstruction of the Secwpmec people must take place, and
13) WHEREAS' a Provisional SECWEPMEC Government should be
established which could work in concert with existing Councils
to re- constitute the essential institutions and government system
needed to repatriate SECWEPMEC lands and resources, and
14) WHEREAS, the Provisional Government would be based upon
the recognition of existing SECWEPMEC Band Councils and
their jurisdiction over matters of a local nature, and
15) WHEREAS, the Provisional SECWEPMEC Government would also recognize
the Universal Declaration of Human Rights " as being the basis upon which
the SECWEPMEC people will define their individual rights " viis-a-vis any
government institutions and systems that will be developed, and
16) WHEREAS, the provision SECWEPMEC Government would be solely
responsible for developing a political program that will firmly entrench a,
Nation to Nation and Government to Government relationship between
Canada and the SECWEPMEC Peoples, and
17) WHEREAS, security of the SECWEPMEC Nation and Her People must
be the collective responsibility of the Government, and
18) WHEREAS, the Provisional Government would concentrate its time
addressing and resolving issues that are regarding, lands,
resources and people that are or who are situated between
existing reserve boundaries, and
19) WHEREAS, the expansion of existing land bases and resource bases
is a long term and major undertaking, the logical responsibility
would be delegated to the SECWEPMEC Provisional Government, and
20) WHEREAS, the SECWEPMEC Provisional Government will be composed
of Chiefs, Councillors and Elders, exclusively responsible for all matters
which do not come within the power and authority of a Band Council
and
21) WHEREAS, the SECWEPMEC Provisional Government will come into
existence and continue on until a permanent SECWEPMEC Go
is established by the SECWEPMEC Peoples.
THEREFORE, the SECWEPMEC People do recognize the import
establishing a SECWEPMEC Nation Provisional Government.
8
Declaration of Kinship and Cooperation among the
Indigenous Peoples and Nation of North America
We, the people knowing that the Creator placed us here on Mother Earth
sovereign nations and seeking to live in peace, freedom and prosperity will
humanity in accordance with our own traditional laws are united in our so
relationship with the land, air, water and resources of our ancestral territor
we are bound by common origin and history, aspiration and experience,
we are brothers and sisters leaders and warriors of our nations.
We, the Assembly of First Nations and the National Congress of America
landians meeting in joint assembly as the largest convocation of indige
Ieadership in North America in the 20 th century, make the following
declaration :
From time immemorial, the lands that are now known as Canada and
United States of America have been and continue to be the sacred home
of indigenous Peoples and Nations :
While our Indigenous Peopls and Nations have distinct identities, cultures,
languages and traditions, we have also been guided by many common
purposes and beliefs, which have been shaped by many common experiences :
We have all retained the inherent right to self-determination. in shaping our own
destinies we will remain faithful to the time honoured traditions of our ancestors
and we will work to secure the greatest possible freedom, dignity and prosperity
for our descendants :
We have all known ourselves as people who live in harmony with our environment
and cherish and protect our traditional homeland .
We have all shared a belief that individuals and peoples must address each
other in a spirit of respect and tolerance :
We have all experienced outside encroachment upon out traditional homelands
and We have striven to co-exist with other peoples and cultures in peace.
Others' hands have drawn boundaries between the Canada and the United States.
These arbitrary line have not severed, and never will, the ties of kinship among our
Peoples.
We are hereby resolved to affirm and to strengthen those bounds of mutual respect
cooperation and affection. As friends and allies, we Indigenous Peoples and Nations
We are hereby resolved to affirm and to strengthen those bonds of mutual respect
cooperation and affection. As friends and allies, we Indigenous Peopies and Nations
will go forward with greater strength and wisdom as we interact with other governments
in our region. our hemisphere and our world
( 2 )
Here in the sacred lands of the Coast Salish People, in the summer of 1999, the
Assembly of First Nations and the National Congress of American landians meet
in joint assembly, In spirit, it has been not a first encounter, but a reunion. We
affirm that the Assembly of First Natios and the National Congress of American
landians each derive their authority from their constituent nations and shall continue
to represent them in a constitutional and democratic manner. We authorize our
national organizations, to inform, assist and support each other in the areas of
common concern, including:
Achieving the full recognition, protection and implementation of the existing legal
and political rights of our constituent nations, including those founded in our own
national law, the laws of Canada and the United States, and in the laws of the wider
international community:
Ensuring that as laws and institutions further develop in various domestic and
international forums and councils,the voices of our nations are included and
respected:
Promoting the practice and preservation of our spiritual and cultural expressions:
Supporting the education of our citizens in our life ways and in the common
Knowledge of humankind:
Raising our children in the loving traditions of our peoples and protecting their
primal connections with their families, communities and nations;
Advancing the economic and social well being of the citizens of all our nations,
whether or not they live within their traditional homelands, while preserving our
traditions of sharingng and social justice:
Protecting and promoting and right of our citizens to move freely across the
border of Canada and the United States while retaining full recognition of their
status as members of indigenous nations.
Our national organizations are authorized and encouraged to identify from time
specific matters on which to focus their collective efforts toward the advancement
of this declaration, The means of cooperation shall involve contacts between the
National organization at various levels,including leaders, officiais or staff.
Each of our national organizations has the authority to establish and receive
diplomatic missions to foster understanding and cooperation. Our national
organizations many choose to enter into specific bilateral agreements in accordance
with our respective constitutions. The national organization many also seek to
strengthen the relationship among our peoples by facilitating exchanges among
the representatives of our constituent peoples, groups and association, and
individual citizens.
We are resolved at this the first ever joint assembly of our national organizations
that we shall convene again on many occasions and that the spirit of understanding
and followship among our peoples that we here experienced shall grow ever stronger
as we take our full and rightful place in the community of all nations.
Let it be resolved that member nations from the Assembly of First Nations and the
National Congress Of American landian having met in joint assembly in Vansouver,
British Columbia, affirm the foregoing, in honor of our ancestors and for the sake
of future generations, as a declaration of international indigenous understanding,
Among nations and organizations.
Certification
On behalf of the Assembly of First Nations and the National Congress of American
landians, in unity, solidanty, mutual respect and friendship, we the undersigned
attest that this declaration represents the collective sentiment of those convened
in Vancouver, British Columbia, Canada on Friday, July 23, 1999
National Chief of the Assembly of First Nations
President of the National Congress of American Indians
( 9 )
1) RESOLVE TO RATIFY THE FOLLOWING DECLARATION SIGNED IN PRINCIPLE:
SECWEPEMC CHIEFS AND REPRESENTATIVES. COLLECTIVALY THE ONLY
SPOKESPERSONS FOR SECWEPEMC, DECLARE THAT ON THIS DAY JANUARY
17, 1983, THAT WE RERFFIRM OUR SOVEREIGNTY OVER OUR TRADITIONAI
TERRITORY
WE FOLLOW THE PATH OF OUR ELDERS AND OUR FOREFATHERS IN STANDING
FIRM FOR OUR SOVEREIGNTY OVER OUR TERRITORY SO THAT THE FUTURE
GENERATIONS OF OUR CHILDERN WILL ALSO HAVE WHAT HAS BEEN HANDED
DOWN TO US BY OUR CREATOR. TODAY THROUGH THIS DECLARATION WE
ENSURE THAT SECWEPEMC SOVEREIGNTY OVER OUR TERRITTORY COMES
FORM
THE PAST. TO THE PRESENT AND FOREVER ON INTO THE FUTURE.
WE HAVE GOVERNED, MANAGED, CONTROLLED, DEVELOPED, PROTECTED
AND DEFENDED OUR TERRITORY SINCE TIME IMMEMORIAL. WE HAVE NEVER
ABANDONED OUR TERRITORY OR SOLD IT. WE HAVE NEVER CONCEDED OUR
SOVEREIGNTY BY AGREEMENT OR BY CONQUEST TO ANY OTHER NATION.
WE DECLARE OUR SOVEREIGNTY OVER ALL OUR LANDS, WATERS, AIR AND
ALL THEIR RESORCES IN THE INTERIOR OF WHAT IS NOW KNOWN AS
BRITISH COLUMBIA, THE LAND GENERALLY SPEAKING THAT LAYS BETWEEN
LATITUDES 50 DEGREES, 30 MINUTES AND 53 DEGREES NORTH, FORM
THE FRASER RIVER AREA TO THE ROCKY MOUNTAINS.
WE WILL WORK ARM IN ARM WITH SECEWPEMC AND OTHER PEOPLES WHO
ARE WILLING TO SUPPORT OUR MANDATE WHICH IS TO AFFIRM OUR SOVER-
EIGNTY OVER OUR TRADITIONAL TERRITORY .
WE, SECWEPEMC , WILL WORK TOWARD SELF-RELIANCE ON THE BASIS OF
CO-OPERATIONS. WE DECLARE OUR SUPPORT IN THE STRUGGLE FOR SELF-
DETERMINATION AND INDEPENDENCE OF INDIGENOUS AND THIRD WORLD
NATIONS.
2. RESOURCING OF SHUSWAP NATION THROUGH A NEW FINANCIAL ARRANGE-
MENT BETWEEN THE SHUSWAP AND FEDERAL GOVERNMENT OF CANADA.
3. WORK TOWARD THE DEVELOPMENT, ESTABLISHMENT AND IMPLEMENTTION
SHUSWAP NATION GOVERNMENT.
4. WORK TOWARD A UNITED SHUSWAP NATION AND ESTABLISHMENT OF CO-
ORDINATED SHUSWAP EFFORTS ON ISSUES OF A COMMON CONCERN.
5. ESTABLISH PROCESSES FOR THE PROTECTIONS, MAINTENANCES AND
ONGOING USE OF RESOURCES IN THE SHUSWAP TERRITORY, RESOURCES
INCLUDING BUT NOT LIMITED TO FISHERIES, WILDLIFE, MINERAL, FORESTRY
AND LAND, WATERWAYS, AND ENVIRONMENTAL CONDITIONS.
6. IMPROVE AND MAINTAIN THE SOCIAL AND ECONOMIC CONDITIONS OF THE
SHUSWAP NATION.
7. THAT THE ACCORD MAY BE AMENDED AT A SHUSWAP NATION ASSEMBLY
BY CONCENSUS OF THE SIGNATORY BANDS TO THE ACCORD.
8. COLLECTIVELY RESOLVE SPECIFIC AND COMPREHENSIVE LAND QUESTIONS
AFFECTING THE SHUSWAP NATION.
(10 )
1. INHERENT RIGHTS AND POWERS OF INDIGENOUS PEOPLES
" One hundred years next year they ( white people ) came amongst us here at
Kamloops and erected a trading post...When they first came among us there
were only landians here. They found the people of each tribe supreme in their
own territory, and have tribal boundaries known and recognized by all."
Memorial of the laterior Chiefs to Sir Wilfrid Laurier ( August 25,1910 )
1. AS lndigenous Peoples and nations, we are the original peoples of our territories, ln
our own languages we call ourselves " the people " of the land, our names tell us
where we come from. We are one with the land. We govern and own our territories
based on our deep-rooted connection to our territories. We, as the current generation
of lndigenous Peoples have inherited our lands, resources and political systems from
our ancestors by birth. It is our responsibility to protect our inherent powers and rights
for future generations. The inherent rights and powers of lndigenous Peoples, including
Indigenous legal systems, are inalienable. These rights cannot be transferred or taken
away from us.
2. As lndigenous Peoples and nations, we have the the right to self- determination which
means we freely and independently determine our own political, legal, economic, social
and cultural systems without external interference. We have our own political status and
we have created our own forms of political representation. Any decisions about the
exercise of inherent rights and powers of lndigenous Peoples must be take by each
people collectively according to our their beliefs, worldviews, priorities, traditions and
aspirations about the future.
3. As lndigenous Peoples and nations, we have established relationships with other
Indigenous Peoples through trade and commerce, lashing declarations, creating
protocols. This includes recognition of each other's territories and sovereignty, peace-
making and settlements, creating treaties and forming alliances with each other sines
time immemorial, This is based on our lndigenous concepts of Sharing and reciprocity.
Our inherent powers and rights sustain good relation with our neighbours.
4. Our legal status as lndigenous Peoples and nations predates contact with Europeans.
It supersedes any assertion or assumption of sovereignty by states such as Britain or
Canada. We have territorial integrity and sovereignty, but unlike states' ours is
legitimate and not based on colonial doctrines. This means that the Canadian state,
for
Towards Recognition of our inherent Rights as lndigenous Peoples
5. Our generation continues the legacy of ensuring that there is reinstatement and
restitution for the history of Crown/ industry/individual conduct that has:
. denied our inherent power and rights as lndigenous peoples;
. dispossessed us of our land and resources;
. violated our human rights; and
. interfered with the free exercise of our sovereignty and right to set- determination.
6. Canadian courts have only recognized minimal aspects of our inherent powers and
rights based on their interstation of Section 35 of the Canadian Constitution.
7. As lndigenous Peoples and nations, we remain colonized by Canada, Our human
and lndigenous rights under international law continued to be violated. We must
understand how and by what methods Canadian laws and policies have wreaked
havoc of our
traditional land and decision-making systems. And through acts of decolonization,
being self- determining, and exercising our inherent powers or sovereignty, we must
begin to untangle ourselves from colonization by Canada. We must critically assess
any new attempts to extinguish our inherent power and rights through federal or
provincial policies, laws and the Canadian constitutional framework. We must be
careful not to provide our free, prior and informed consent to any initiatives that
systemically and blatantly undermine our inherent powers and rights.
8. Decolonization for our peoples will require:
. the exercise of our inherent political and legal power in our territories;
. implementation of international human rights; and
. constitutional and policy reform based on lndigenous rights standards.
9. Decolonization is necessary so that our future generation can live in sustainable
ways in co-existence with other peoples on this planet. We must continue to call
for the free exercise of our political diversity and protect the biodiversity of our
territories.
B. Indigenous Peoples Territorial / Land Systems Based On Indigenous Laws
We claim the sovereign right to all country of our tribe - this country is ours
which we have held intact from the encroachments of other, from time
Immemorial, at the cost of our own blood. We have done because our lives
depended on our country, We have never treatied with them, not given them
any such title. ( We have only lately learned the BC government makes
this claim and that it has for long considered its
property all the territories of the Indian tribes in BC),
Tahltan Declaration, October 18, 1910
19. Our creation stories tell us that we came from our lands and source our identity
as peoples and nations. We have our own distinct traditional land systems that
set out responsibilities to take care of the land. Our future generations will inherent
this sacred legacy.
20. Our land systems set out our territorial boundaries and place names. We govern
our territories according to our own laws and teachings. Our inherent powers, legal
systems
Towards Recognition of our lnherent Rights as lndigenous Peoples
and rights alone determine that we are the legitimate owners of our lands, resources
and territories. We have dispute resolution processes that are formal and informal.
Based on our diplomatic experiences, we have often successfully reached
agreement with our neighbouring peoples about how to regulate our borders and
ensure sustainability.
21. Our distinct land systems have been designed to maintain sufficient access to
resources to sustain our people, provide for trade and technology transfer ( e.g,;
fish weirs ), while at the same time maintaining the integrity of the ecosystem.
Our land systems are sustainable.
22. According to our inherent laws, the power to govern our traditional territional
through our land systems have not been altered by Canada's assumed or
asserted sovereignty. Nor have we ceded,surrendered or extinguished our
territorial jurisdiction to Britain or Canada.
23. Canadian common law elements of Aboriginal Title reflect some aspects our
land systems. Courts have recognized that one of the sources of Aboribinal
, Title is. lndigenous laws. Courts have also recognized that Aboriginal Title
can be exclusive in nature or be jointly shared by lndigenous Peoples. Once
recognized by a court,we can govern Aboriginal Title lands. However, there
. are fundamental distinctions between our respective inherent land systems
and the proprietary nature of Aboriginal Title lands under Canadian law that
are incompatible with our powers to govern our territories as Indigenous
Peoples and nations.
24. For example, the Crown or courts would not have the power to regulate,
define, or infringe our land systems based on our laws and jurisdiction. Our
inherent powers have not authorized such a limitation on jurisdiction over
our territories. Nor would our land systems be parasitic on underlying Crown
title. This is a colonial understanding, based on a legal fiction in Canadian law
, but not our laws. This common law doctrine of Aboriginal Title assumes that
our land rights came into being at the time of the assertion of European
sovereignty, and not before. There is a distinction between Aboriginal Title as
25. Under common law, Aboriginal Title can be surrendered to the federal Crown
for compensation. Under many Indigenous land systems, our territories are
inalienable. The current understanding of the common law doctrine of Aboriginal
Title, presumes that the Canada is the sovereign over our lands. Courts have
considered Aboriginal Title without a full hearing on the issue of our inherent
political status and jurisdiction. To ask us to surrender, extinguish, modify or
subject our inherent power and rights in relation to our territories through
provincial legislation, regulation, policies and negotiation mandates would
perpetuate a great injustice towards us. Solving the land question is not
about being forced to accept that our land systems now continue as title
rights that function and are limited within Canadian jurisdiction and laws.
Rather, the
Towards Recognition of our inherent Rights as lndigenous Peoples
stating point should be how we ensure respect for our land systems within
a context of self-determination of our peoples and co-existence with others
through decolonization.
DECLARATION OF
SECWEPEMC SOVEREIGNTY
1. SECWEPEMC CHIEFS AND REPRESENTATIVES, COLLECTIVELY THE ONLY
SPOKESPERSONS FOR SECWEPEMC, DECLARE THAT ON THIS DAY JANUARY 17,
1983, THAT WE REAFFIRM OUR SOVEREIGNTY OVER OUR TRADITIONAL TERRITORY.
WE FOLLOW THE PATH OF OUR ELDERS AND OUR FOREFATHERS IN STANDING
FIRM FOR OUR SOVEREIGNTY OVER OUR TERRITORY SO THAT THE FUTURE
GENERATIONS OF OUR TERRITORY SO THAT THE FUTURE GENERATIONS OF OUR
CHILDREN WILL ALSO HAVE WHAT HAS BEEN HANDED DOWN TO US BY OUR
CREATOR. TODAY THROUGH THIS DECLARATION WE ENSURE THAT SECWEPEMC
SOVEREIGNTY OVER OUR TERRITORY COMES FROM THE PAST, TO THE PRESENT
AND FOREVER ON INTO THE FUTURE .
WE HAVE GOVERNED, MANAGED,CONTROLLED,DEVELOPED,PROTECTED AND
DEFENDED OUR TERRITORY SINCE TIME IMMEMORIAL.WE HAVE NEVER
ABANDONED OUR TERRITORY OR SOLDIT. WE HAVE NEVER CONCEDED OUR
SOVEREIGNTY BY AGREEMENT OR BY CONQUEST TO ANY OTHER NATION.
WE DECLARE OUR SOVEREIGNTY OVER ALL OUR LANDS,WATERS,AIR AND ALL
THEIR RESOURCES IN THE INTERIOR OF WHAT IS NOW KNOWN AS BRITISH
COLIMBIA, THE LAND GENERALLY SPEAKING THAT LAYS BETWEEN LATITUDES
50 DEGREES, 30 MINUTES AND 53 DEGREES NORTH, FORM THE FASER RIVER
AREA TO THE ROCKY MOUNTAINS.
WE WILL WORK ARM IN ARM WITH SECWEPEMC AND OTHER PEOPLES WHO
ARE WILLING TO SUPPORT OUR MANDATE WHICH IS TO AFFIRM OUR
SOVEREIGNTY OVER OUR TRADITIONAL TERRITORY.
WE, SECWEPEMC, WILL WORK TOWARDS SELF-RELIANCE ON THE BASIS OF
CO- OPERATIONS.
WE DECLARE OUR SUPPORT IN THE STRUGGLE FOR SELF-DETERMINATION
AND INDEPENDENCE OF INDIGENOUS AND THIRD WORLD NATIONS.
2. RESOURCING OF SHUSWAP NATION THROUGH A NEW FINANCIAL ARRANGE-
MENT BETWEEN THE SHUSWAP AND FEDERAL GOVERNMENT OF CANADA.
3. WORK TOWARD THE DEVELOPMENT, ESTABLISHMENT AND IMPLEMENTION
SHUSWAP NATION GOVERNMENTS.
4. WORK TOWARD A UNITED SHUSWAP NATION AND ESTABLISHMENT OF CO-
ORDINATED SHUSWAP EFFORTS ON ISSUES OF A COMMON CONCERN.
5. ESTABLISH PROCESSES FOR THE PROTECTIONS. MAINTENANCE AND
ONGOING USE OF RESOURCES IN THE SHUSWAP TERRITORY. RESOURCES
INCLUDING BUT NOT LIMITED TO FISHERIES,WILDLIFE, MINERAL, FORESTRY
AND LAND, WATERWAYS, AND ENVIRONMENTAL CONDITIONS.
6. IMPROVE AND MAINTAIN THE SOCIAL AND ECONOMIC CONDITIONS OF THE
SHUSWAP NATION.
7. THAT THE ACCORD MAY BE AMENDED AT A SHUSWAP NATION ASSEMBLY
BY CONCENSUS OF THE SIGNATORY BANDS TO THE ACCORD.
8. COLLECTIVELY RESOLVE SPECIFIC AND COMPREHENSIVE LAND QUESTIONS
AFFECTING THE SHUSWAP NATION.
" ALL OUR RELATIONSHIP"
A DECLARATION OF THE SOVEREIGNS
INDIGENOUS NATIONS OF BRITISH COLUMBIA
We, the lndigenous leaders of British Columbia, come together United and celebrate
the victory of the Tsilhqot'in and Xeni Gwet'in peoples in securing recognition of their
Aboriginal title and rights- and all those lndigenous Nations and individuals that have
brought important court cases over the years resulting in significant contributions in the
protection and advancement of Aboriginal title and rights, including the Nisga'a Gitxsan,
Wet'suwet'in, Haida, Taku River Tlingit, Musqueam, Heiltsuk and Sto: lo- shining light on
the darkness of years of Crown denial of our title and rights. After pursuing different
pathways, we now come together to make this solemn Declaration out of our common
desire to be unified in affirming and Aboriginal title.
As the original Peoples to this land, we declare :
. We have Aboriginal title and rights to our lands, waters and resources and that we
will exercise our collective, sovereign and inherent authorities and jurisdictions over
these lands, waters and resources,
. We respect, honour and are sustained by the values, teachings and laws passed to
us by our ancestors for governing ourselves, our lands, waters and resources.
. We have the right to manage and benefit from the wealth of our territories.
. We have the inalienable sovereign right of self-determination. By virtue of this right,
we are free to determine our political status and free to pursue our economic, social,
health and well-being, and cultural development.
. We have diverse cultures, founded on the ways of life, traditions and values of our
ancestors, which include systems of governance, law and social organization.
. We have the right to compensation and redress with regard to our territories, lands
and resources which have been confiscated, taken, occupied, used or damaged
without our free, prior and informed consent.
. We will only negotiate on the basis of full and complete recognition of the existence
of our title and rights throughout our entire lands, waters, territories and resources.
. We acknowledge the interdependence we have with one another and respectfully
honour our commitment with one anther where we share lands, waters and
resources. We commit to resolving these shared lands, waters and resources based
on our historical relationship though ceremonies and reconciliation agreements,
. We endorse the provisions of the UN Declaration on the Rights of lndigenous peoples
and other international standards aimed at,ensuring the dignity, survival and well-
being of lndigenous peoples.
We commit to:
. Stand united today and from this time forward with the Tsilhqot'in and with each
other in protecting our Aboriginal title and rights.
. Recognize and respect each other's autonomy and support each other in exercising
our respective title, rights and jurisdiction in keeping with our continued
interdependency.
. Work together to defend and uphold this Declaration.
We the undersigned, represent First Nations who carry a mandate to advance Title and
Rights in our homelands today referred to as British Columbia and exercise our authorities
in making this Declaration. We welcome other First Nations not present today to adhere
to this Declaation if they so choose.
Signed by First Nations leaders on November 29,2007
11.
SECWEPEMC LEADERSHIP ACCORD
WHEREAS the SECWEPEMC people in SECWEPEMCULL'UW are respecting and recogniz
ing our collective Aboriginal title, rights and interests and:
Whereas we recognize our collective relationship to each other via kinship ties that are over
10,000 years old and:
Whereas the seventeen (17 ) Chiefs of SECWEPEMC in SECWEPEMCULL'UW. are dedicated
to promoting and supporting the efforts of SECWEPEMC to affirm and defend Aboriginal title
and Rights. It is the goal of each Chief to assist each other to exercise their inherent title and
rights and by holding the Crown to its obligation to honour and respect our title and rights
and:
Whereas the Chiefs have developed relationships through sharing, information exchange,
dialogue and respect for and recognition of each other's interests: we desire to build upon
these relationships by affirming our mutual respect for and recognition of each other's
respective mandates and establishing a formal, ongoing political process to work
cooperatively together to advance the interests of SECWEPEMC in SECWEPEMCull'UW
and the world:
Whereas the Chiefs of the 17 communities of the SECWEPEMC Nation have signed
agreements in the past: in 1910 the Memorial to Sir Wilred Laurier and 1911 the
Memorial to Minister Frank Oliver all " All Our Relatons " A Declaration of Sovereign
Indigenous Nation of BC November 29th 2007 and " One Heart One Mind": Statement
of Solidarity & Cooperation for our Children July 23rd 2008:
THEREFORE in the spirit of mutual respect and continued cooperation the Chiefs agree
as follows:
1.0 Purpose of Accord
1.1. The purpose of this Accord is to:
a) Affirm mutual respect, recognition and support of each of the Cheifs for one
another.
b) Each session shall be held on the land with Elders, Council members and
community members in attendance whenever possible
c). Each Year the Chiefs will report back to the people during the Annual Secwepec
Gathering on the critical events and decisions reached throughout the year.
d). All Meetings shall have ceremony as an integral part of the gathering of the
Chiefs
e) There shall be an annual gathering of all Chiefs and all Council member with
Elders.
f). Agenda items for each session
1) Title and Rights
2) Self- Government: Peace. Order and Good Government
3) Jurisdiction, National
4) Economy: rooted in Tradition and Custoin:
- lnternational
- lnnovative
- Multifaceted
- Self- Reliant in our " Ranch "
5) Cutural. Traditional, and Customs:
- Language, values, stories.
- Education
- Training in our seasonal round of life
6) Social
- National reconstruction
7) Co- existence
- Mutual respect and trust
- Reciprocity
3.0 Chairpersons
3.1 There shall be two co- chairpersons one from the northern Seswepemc
communities and one from the central and southern SECWEPEMC
communities.
3.2 There shall be a record of all meetings that will be reported out in the
people via the SECWEPEMC News and other community based media.
3.3 The respective Tribal Council organizations shall act as the secretariat
for the SECWEPEMC Leadership Summit gatherings
4.0 National representation for specifie issues and strategies.
4.1 There shall be representation from Norther. Central and Southern communities.
4.2 lf there are independent communities who are separate from any political
affiliation then the respective geographical Tribal Administration shall keep
them involved as an integral part of the issues being discussed by ensuring
all information and decisions wherever possible include their voice.
4.3 When Chiefs are appointed it their respective duty to report out to their
fellow Chiefs.
5.0 Laws shall be based upon SECWEPEMC oral history
5.1 The Chiefs shall enact National laws to ensure that Secwepemcull'uw
is protected for future generations.
Signed this day of July, 2008
1. INHERENT RIGHTS AND POWERS OF INDIGENOUS PEOPLES
" One hundred years next year they ( white people ) came amongst us here at
Kamloops and erected a trading post... When they first came among us there
were only lndians here. They found the people of each tribe supreme in their own
territory, and having tribal boundaries
known and recognized by all".
Memorial of the lnterior Chiefs to Sir Wilfrid Laurier ( August 25, 1910 )
1. As lndigenous Peoples and nations, we are the original peoples of our territories. In
our own languages we call ourselves " the people " of the land, our names tell us
where we come from. We are one with the land. We govern and own our territories
based on our deep- rooted connection to our territories. We, as the current
generation of lndigenous Peoples have inherited our lands, resources and political
systems from our ancestor by birth. It is our responsibility to protect our inherent
powers and rights for future generations. The inherent rights and powers of
Indigenous Peoples,including lndigenous legal systems, are inalienable. These
rights cannot be transferred or taken away from us.
2. As lndigenous Peoples and nations, we have the right to self-determination which
means we freely and independently determine our own political, legal, economic,
social and cultural systems without external interference. We have our own political
status and we have created our own forms of political representation. Any decisions
about the exercise of inherent rights and powers of lndigenous Peoples must be
taken by each people collectively according to our their beliefs, worldviews, priorities,
traditions and aspirations about the future.
3. As lndigenous Peoples and nations,we have established relationships with other
Indigenous Peoples through trade and commerce, issuing declarations,creating
protocols. This includes recognition of each other's territories and sovereignty,
peacemaking and settlements, creating treaties and forming alliances with each
other since time immemorial. This is based on our lndigenous concepts of sharing
and reciprocity. Our inherent powers and rights sustain good relations with our
neighbours.
4. Our legal status as lndigenous Peoples and nations predates contact with Europeans.
It supersedes any assertion or assumption of sovereignty by states such as Britain or
Canada. We have territorial integrity and sovereignty, but unlike states' our is
Iegitimate and not based on colonial doctrines. This means that the Canadian state,
for example, must obtain our free prior and informed consent as lndigenous Peoples
before doing anything that affects our lands and resources. In the Canadian context,
especially in British Columbia, the inherent power and rights of lndigenous Peoples
have been disrespected and denied through deliberate colonial laws and policies of
Canadian governments.
5. Our generation continues the legacy of ensuring that there is reinstatement and
restitution for the history of Crown/ industry/ individual conduct that has:
. denied our inherent power and rights as lndigenous Peoples;
. dispossessed us of our land and resources;
. violated our human rights; and
. Interfered with the free exercise of our sovereignty and rights to self-
determination.
6. Canadian courts have only recognized minimal aspects of our inherent powers
and rights based on their interpretation of Section 35 of the Canadian Constitution.
7. As lndigenous Peoples and nations, we remain colonized by Canada. Our human
and lndigenous rights under international law continued to be violated. We must
understand how and by what methods Canadian laws and policies have wreaked
havoc of our traditional land and decision-making systems. And through acts of
decolonization,being self-determining, and exercising our inherent powers or
sovereignty, we must begin to untangle ourselves from colonization by Canada.
We must critically assess any new attempts to extinguish our inherent power
and rights through federal or provincial policies, laws and the Canadian
constitutional framework. We must be careful not to provide our free, prior and
informed consent to any initiatives that systemically and blatantly undermine
our inherent powers and rights.
8. Decolonization for our peoples will require:
. the exercise of our inherent political and legal powers in our territories;
. implementation of international human rights; and
. constitutional and policy reform based on lndigenous rights standards.
9. Decolonization is necessary so that our future generations can live in
sustainable ways in co-existence with other people's on this planet. We must
continue to call for the free exercise of our political diversity and protect the
biodiversity of our territories.
A. Our lnherent Political Status as lndigenous Peoples
They treat us as subjects without any agreement to that effect, and force their
Iaws on us without our consent and irrespective of whether they are good for
us or not. They say they have authority over us. They have broken down our
old laws and customs ( no matter how good ) by which we regulated ourselves,
Memorial of the lnterior Chiefs to Sir Wilfrid Laurier ( August 25,1910 )
10. As lndigenous Peoples, our political status is equal to all other peoples in the
world. We possess the inherent power to govern our nations and territories.
International law has recognized that, as indigenous Peoples, we have the
collective right to self- determination.
11. Self- determination includes decision-making methods and processes that
we have developed over time and are shaped by our experiences, the
birthing of or institutions such as the clan, hereditary, and kinship systems,
potlatch, ceremonies, and our relationship to our territories. We do not
trespass, nor interfere with neighbouring peoples' business. We are the only
ones who can make decisions regarding our territories. Political decisions
that relate to matters affecting other peoples as well as our own, must be
deliberated upon internally first, and then negotiated with other peoples
through mechanisms to ensure peace, trade and transfer of knowledge
and for our cultural distinctiveness.
12. Our political systems and relationships to our territories are not structured
like states with central administration governments making decisions on
behalf of their citizens based on representational democracy. The flexibility
and decentralized governance systems we have allow for fluid and inter-
connecting relations internally or with other lndigenous Peoples, Our
systems require that our people fully participate in all decision that affect
them and their territory. Canadian governments must deal with the
legitimate political representative of our peoples.
13. In the past, deliberate attempts by colonial powers to destroy our inherent
political powers, included:
. the imposition of the lndian Act, which meant to suppress traditional
governance:
the potlatch ban; defining lndian status and menbership; and the
undermining of lndigenous women's role in political decision-making;
. attempts by religious institutions to convert our peoples to Christianity
and undermine our methods of decision-making and leadership,
. imposition of provincial laws and regulations regarding land, resources,
wildlife; and
. state's denial of meeting with our inherent political leaders within our
traditional forms of governance.
14. We draw our power and rights from our inherent political system, we cannot
draw it from colonial systems. The proper rights holder for the purposes of
Section 35 of the Canadian Constitution must be determined by lndigenous
Peoples. The proper rights holder cannot derive their power from federal or
provincial laws; it has to be determined according to our own political systems.
Provincial political organizations cannot claim that they are the proper title and
rights holder. They cannot represent our peoples and make decisions regarding
our Aboriginal Title and Rights as they are not the proper rights holder.
15. The current work of the First Nations Leadership Council on the implementation
of the " new relationship" infers that they can make decisions on behalf of
lndigenous Peoples. By working with the province they operated under the
assumption that the province controls all unceded and surrendered lndigenous
territories in the absence of proof of title. The province's objective in enacting
recognition legislation is to support their claim of provincial jurisdiction over
lndigenous lands and to provide certainty for investors under the pretence of
recognition of " pre-existing " interests, rights and title.
16. This is a new form of colonization: The First Nations Leadership Council
worked with provincial representatives to implement the province's objective
of jurisdiction and certainty in relation to our rights. The federal and provincial
governments are working with political organizations who claim to engage on
a " government to government level " by:
. creating initiatives and commitments for maintaining provincial legislative
and administrative control over our territories and resources;
. delineating our territorial boundaries for government certainty/extinguishment;
and
. creating " political/economic or corporate structures" that advise, engage
and make agreements with governments like British Columbia undermining
the requirement for free prior informed consent of indigenous Peoples to
any developments in our traditional territories.
17. The colonial attempts to displace our inherent political decision-making
systems so that Canadian political structures can permanently shape all
decisions made about lndigenous Peoples and our territories most stop!
18. These initiatives by the provincial political organizations do not answer the
land and jurisdiction question that our ancestors over a hundred years ago.
Rather than being advocates and supporters for inherent rights of lndigenous
Peoples, the political organizations have become complicit in the denial and
assimilation of our inherent powers and rights.
B. lndigenous Peoples Teritorial / Land Systems Based On lndigenous Laws
We claim the sovereign right to all country of our tribe-this country is our which we
have held intact from the encroachments of other tribes, from time immemorial, at
The
cost of our own blood. We have done because our live depended on our country.
We
have never treatied with them, not given them any such title. ( We have only
lately learned the B C government makes this claim and that it has for long
considered its.
property all the territories of the lndian tribes in B C).
Tahltan Declaration, October 18,1910
19. Our creation stories tell us that we came from our lands and source our identity
as peoples and nations. We have our own distinct traditional land systems that
set out responsibilities to take care of the land. Our future generation will
inherent this sacred legacy.
20. Our land systems set out our territorial boundaries and place names. We govern
our territories according to our own laws and teachings. Our inherent powers,
legal systems and rights alone determine that we are legitimate owners of our
lands, resources and territories. We have dispute resolution processes that are
formal and informal. Based on diplomatic experiences, we have often successfully
reached agreement with our neighbouring peoples about how to regulate our
borders and ensure sustainability.
21. Our distinct land systems have been designed to maintain sufficient access to
resources to sustain our people, provide for trade and technology transfer ( e. g.:
fish weird ), while at the same time maintaining the integrity of the ecosystem.
Our land systems are sustainable.
22. According to our inherent laws, the power to govern our traditional territories
through our land systems have not been altered by Canada's assumed or
asserted sovereignty. Nor have we ceded, surrendered or extinguished our
territorial jurisdiction to Britain or Canada.
23. Canadian common law elements of Aboriginal Title reflect some aspects our
land systems. Courts have recognized that one of the sources of Aboriginal
Title is lndigenous laws. Courts have also recognized that Aboriginal Title can
be exclusive in nature or be jointly shared by lndigenous Peoples. Once recognized
by a court, we can govern Aboriginal Title lands. However, there are fundamental
distinctions between our respective inherent land systems and the proprietary
nature of Aboriginal Title lands under Canadian law that are incompatible with our
powers to govern our territories as lndigenous Peoples and nations.
24. For example, the Crown or courts would not have the power to regulate, define,
or infringe our land systems based on our laws and jurisdiction. Our inherent
powers have not authorized such a limitation on jurisdiction over our territories.
Nor would our land systems be parasitic on underlying Crown title. This is a
colonial understanding, based on a legal fiction in Canadian law but not our laws.
The common law doctrine of Aboriginal Title assumes that our land rights came
into being at the time of the assertion of European sovereignty, and not before.
There is a distinction between Aboriginal Title as defined by Canadian courts and
lndigenous land systems based on our inherent rights and powers.
25. Under common law, Aboriginal Title can be surrendered to the federal Crown
for compensation. Under many lndigenous land systems, our territories are
inalienable. The current understanding of the common law doctrine of Aboriginal
Title, presumes that the Canada is the sovereign over our lands. Courts have
considered Aboriginal Title without a full hearing on the issue of our inherent
political status and jurisdiction. To ask us to surrender, extinguish, modify or
subject our inherent power and rights in relation to our territories through
provincial legislation, regulation, policies and negotiation mandates would
provincial legislation, regulation, policies and negotiation mandates would
perpetuate a great injustice towards us. Solving the land question is not about
being forced to accept that our land systems now continue as title rights that
function and are limited within Canadian jurisdiction and laws. Rather, the
starting point should be how we ensure respect for our land systems within a
a context of self-determination of our peoples and co-existence with others
through decolonization.
11. UN DECLARATION ON RIGHTS OF INDIGENOUS
PEOPLES AS THE MINIMUM STANDARD
A. Self - Determination
lndigenous Peoples have the right to self- determination. By virture
of that right they freely determine their political status and freely
pursue their economic, social and cultural development
UN Declaration on the Rights of lndigenous Peoples- Article 3
26. At the international level, there has been movement to respect our inherent
political status as peoples with rights to self- determination. The 2007 United
Nations Dedlaration on the Rigths of lndigenous Peoples ( UNDRIP ) contains
minimum standards and norms that can be the starting point for decolonizing
the state-lndigenous Peoples relationship.UNDRIP recognize that lndigenous
Peoples are subjects of international law and have the right to self
determination. In order for Canada to overcome colonial laws and policies,
it has to endorse and implement the principles set out in the UN Declaration
on the Rights of lndigenous Peoples.
27. UNDRIP also recognizes our inherent rights as flowing from our political,
economic and social structures and from our cultures, spiritual traditions,
histories and philosophies, especially our rights to our lands, territories and
resources. We, as lndigenous Peoples, are the representatives of our inherent
powers and rights. We, as lndigenous Peoples are the proper right holders
for our right to self- determination. We, as lndigenous Peoples possess
jurisdiction and sovereignty to make decisions about our respective peoples
and our territories. No state governing structure, organization or other
political structure holds that power. While Canada has refused to endorse
UNDRIP, it is an international standard that the world community has set
and states are bound by its principles.Canada must recognize the UNDRIP
standards for decolonization remedies and substantive measures to ensure
that our distinct political status is respected.
12.
INTERIOR ALLIANCE
Southern Carrier
St'at'imc SECWEPEMC
Nlaka'pamux Okanagan
c/o Shuswap Nation Tribal Council
Suite 304-355 Yellowhead Highway
Kamloops British Columbia, v2H 1H1
Tel : ( 250 ) 828-9789 Telec - ( 250 ) 374-6331
WATER IS LIFE : PROTECT WATER NOW!
Indigenous Declaration on Water
July 8th, 2001 Musqeam Territory
As Indigenous Peoples, we raise our voices in solidarity to speak for the protection of Water.
The Creator placed us on this earth, each in our own sacred and traditional lands,to care for
all of creation. We have always governed ourselves as Peoples to ensure the protection and
purity of water. We stand united to follow and implement our knowledge, laws and self-
determination to preserve Water, to preserve life. Our message is clear: Protect Water Now!
As lndigenous Peoples, we recognize, honour and respect Water as a sacred and powerful
gift from the Creator. Water, the first living spirit on this earth, gives life to all creation. Water
Powerful and pristine, is the lifeblood that sustains life for all peoples, lands and creation. We
know that by listening to the songs of the water, all creation will continue to breathe. Our
Knowledge, laws and way of life teach us to be responsible at all times in caring for this
sacred gift that connects all life. In ceremony and as time comes, the Water sings. Her songs
begin in the tiniest of steams, transforms to flowing rivers, travels to majestic oceans, and
thundering clouds, and back to the earth, to begin again. When Water is threatened, all living
things are threatened. Our hearts cry when we see the ways in which people, through
governments and multinational corporations, destroy the Water in their greed. As Water has
given us life,we must fight for the life of Water. We must continue to hear her songs and
protect this sacred gift from the Creator. We must be prepared.
In this time, we see that our Waters are being polluted with chemicals, pesticides, sewage,
disease and nuclear waste, We see our Waters being depleted or converted into destructive
uses through the diversion of Water systems to different lands, unsustainable economic,
resource and recreational development, the transformation of excessive amounts of Water
into,energy, and the treatment of Water as a commodity, a property interest, that can be
bought, sold and traded in global and domestic economies. We see our Waters governed
by imposed foreign, colonial and inhumane laws and practices that disconnect us as
Peoples from the ecosystem. These laws do not,respect that life is sacred, that Water is
sacred.
Throughout lndigenous territories worldwide, we are witnessing the increasing scarcity of
fresh Waters and the lack of access that we and other life forms such as the land, forests,
animals, plants, marine life, and air have to our Waters, In these times of scarcity, we see
governments creating commercial interests in Water that lead to inequities in distribution
and prevent our access to the life giving nature of Water. When Water is disrespected,
misused and poorly managed, we see the life threatening impacts on all of creation. We
know that our Rights to Self- Determination, jurisdiction, knowledge and laws to protect
the Water are being disregarded, violated and disrespected, We hear the sad and painful
songs of the Water, of the land and our peoples. We hear the Waters call for protection
now.
As lndigenous Peoples, we express our power, to protect the Water and call on all others
concerned to open your minds and hearts and listen to our protection song, our message
and support the call for actions that follow.
We recognize that Water is a sacred gift from the Creator that gives, sustains and nurtures
all life on earth. We recognize the need to share our understanding that Water is sacred
and essential for the survival of all life on earth.
We recognize that as stewards of the lands and waters, and as sovereign peoples who will
never sell nor trade their rights to Water, we lndigenous peoples retain inherent rights and
responsibilities to protect Water.
We recognize that our knowledge and sustainable practices are essential links to the
protection of Water. We recognize lndigenous governments and their jurisdiction to
develop laws and treaties to protect Water.
We support the implementation of lndigenous legal systems in this effort. To retain our
connection to Waters, we must have the right to make decisions about Waters at all
levels.
We resolve to communicate and express our power, our common interest to protect
Water and life, through the building of Water alliances and networks worldwide.
We support all lndigenous peoples and grass roots movements that organize to protect
Water based on their ancestral teachings and laws, and who also respect the role of
Indigenous elders, women and youth the protect Water.
We call for the creation of an international monitoring body to track the trade of Water
in relation to lndigenous peoples.
We resolve to use and develop indigenous, domestic and international mechanisms to
hold corporations,domestic governments and international financial institutions such as
the World Bank and the lnternational Monetary Fund accountable for their actions that
threaten the integrity of Water, our land and our peoples. Systems of restoration and
compensation have to be put in place to restore the integrity of water and eco -systems.
We seek support and solidarity for the opposition to any free trade agreements the purport
to privatize Water and trade Water as a commodity, including the North American Free
Trade Agreement and the proposed Free Trade Area of the Americas.
We endorse declarations and treaties that enshrine the goals stated above such as the
Cochabamba Declaration and the Treaty initiative of the Council of Canadians representing
genuine efforts by concerned citizens, comminities and grass-roots peoples to protect
water.
On this 8th day of July, 2001, the international community and indigenous peoples
assembled at the lnternational Conference on Water for People and Nature organized by
the Council of Canadians, endorsed the lndigenous Declaration on Water.
STATEMENT OF THE ALLIED INDIAN TRIBES OF
BRITISH COLUMBIA FOR THE GOVERNMENT
OF BRITISH COIUMBIA
PART 1.-- GENERAL INTRODUCTORY REMARKS
The Statement prepared by the Committee appoint by the Confernce
held at Vancouver in June, 1916, and sent to the Government of Canada
and the Secretary of State for the Colonies, contained the following:
" The Comittee conclude this statement by asserting that,
" while it believed that all of the lndian tribes of the Pro-
" Vince will press on to the Judicial Committee, refusing to
" consider any so called settlement made up under the Mc
" Kenna Agreement, the Committee also feels certain that the
" tribes allied for that purpose will always be ready to co-
" sider any really equitable method of settlement out of court
" which might be proposed by the Government, "
A resolution, passed by the lnterior Tribes at a meeting at
Spence' s Bridge on the 6th December, 1917, contained the
following:-
" We are sure that the governments and a conisderable number
" of white men have for many years had in their minds a cutie wrong
idea of the claims which we make, and the settlement which we
" desire. We do not want anything extravagant, and we do not want
anything hurtful to the real interest of the white people.
" We want that our actual rights be determined and recognized. We
want a settlement based upon justice We want a full opportunity
of making a future for ourselves.
" We want all this done in such a way that in future we shall be able
to live and work with the white people as our brothers, and fellow
citizens,"
Now we have been informed by our Special Agent that the
Government of British Columbia desires to have form us a statement
further explaining our mind upon the subject of settlement, and in
particular stating the grounds upon which we refuse to accept as a
settlement the findings of the Royal Commission on lndian Affairs for
the Province of British Columbia, and what we regard as necessary
conditions of equitable settlement.
In order that our mind regarding this whole subject may be under-
stood, we desire first to make clear what is the actual present position
of the lndian land controversy in the Provine of British Columbia.
Throughout practically the whole of the rest of Canada, tribal owner-
ship of lands has been fully acknowledged, and all dealings with the
various tribes have been based upon the lndian title so acknowledged.
It was long ago conceded by Canada in the most authoritative way
possible that the lndian tribes of British Columbia have the same title.
This is proved beyond possibility of doubt by the report of the Minister
of Justice, which was presented on January 19, 1875, and was approved
by the Governor-General in Council on January 23, 1875. We set out the
following extract from that report:
" Considering then these several features of the case, that
" no surrender or cession of their territorial rights, whether
" the same be of a legal or equitable nature, has been ever
". executed by the lndian Tribes of the Province-- that they
". allege that the reservation of land made by the Government
". for their use have been arbitrarily so made, and are totally
". inadequate to their support and requirements and without
". their assent -- that they are not averse to hostilities in order
". to enforce rights which it is impossible to deny them, and
". that the Act under consideration not only ignores those
". rights, but expressly prohibits the lndians from enjoying the
". rights of recording or pre-empting land, except by consent
". of the Lieutenant- Governor; the undersigned feels that he
". cannot do otherwise than advise that the Act in question is
". objectionable as tending to deal with lands which are as-
". sumed to be the absolute property of the Province, an as-
". sumption which completely ignores as applicable to the ln-
". dians of British Columbia, the honor and good faith with
". which the Crown has in all other cases since its sovereignt
". of the territories in North America dealt with their various
". Indian Tribes
" The undersigned would also refer to the British North
". America Act, 1867, section 109, applicable to British Colum-
". bia, which enacts in effect that all lands belonging to the
". Province, shall belong to the Province, 'subject to any trust
". existing in respect thereof, and to any interest other than
". that of the Province in the same.'
,
" That which has been ordinarily spoken of as the ' lndian
". title' must of necessity consist of some species of interest in
". the lands of British Columbia.
" If it is conceded that they have not a freehold in the soil,
" but that they have an usufruct , a right of occupation or
". possession of the same for their own use, then it would seem
". that these lands of British Columbia are subject, if not to a
". trust existing in respect thereof,' at least to an interest
". other than that of the Province alone,'"
Since the year 1875, however, notwithstanding to report of
the Mnister of Justice then presented and approved, local
governments have been unwilling to recognize the land rights
which were then recognized by Canada, and the two Govern-
ments that entered into the McKenna-McBride Agreement
failed to recognize those land rights.
If now the governments should be willing to accept the
report and Order- in-Council of the year 1875 as deciding the
land controversy, they would thereby provide what we regard
as the only possible general basis of settlement other than a
judgment of the Judicial Committee of His Majesty's Privy
Council.
By means of the direct and independent petition of the
Nishga Tribe, we now have our case before His Majesty's
Privy Council. We claim that we have a right to a hearing,
a right which has now been made clear beyond any possibility
of doubt. Sir Wilfrid Laurier; when Prime Minister, on behalf
of Canada, met the lndian Tribes of Norther British Columbia,
and promised without any condition whatever that the land
controversy would be brought before the Judicial Committee.
Moreover , the Duke of Connaught, acting as His Majesty's
representative in Canada, gave positive written assurance
that if the Nishga Tribe should not be willing to agree to the
findings of the Royal Commission, His Majesty's Privy Council
will consider the Nishga petition. In view of Sir Wilfrid Laurier's
promise, and the Duke of Connaught's assurances, both of
which confirm what we regard as our clear constitutional right,
we confidently expect an early hearing of our case.
Before concluding these introductory remarks, we wish to
speak of one other matter which we think very important. No
settlement would, we are very sure, be real and lasting unless
it should be a complete settlement. The so-called settlement
which the two governments that entered into the McKenna-
McBride Ageement, have made up is very far indeed from being
complete. The report of the Royal Commission deals only with
Iands to be reserved. The reversionary title claimed by the Province
is not extinguished, as Special Commissioner McKenna said it would
be . Foreshores have not been dealt with. No attempt is made to adjust
our general rights, such as fishing rights, hunting rights and water rights.
With regard to fishing rights and water rights, the Commissioners admit
that they can make nothing sure. It is clear to us that all our general
rights, instead of being taken form us as the McKenna-McBride
Agreement attempts to do by describing the so-called settlement there-
by arranged as " a final adjustment of all matters relating to lndian
affairs in British Columbia" should be preserved and adjusted. Also
we think that a complete settlement should deal with the restrictions
imposed upon lndians by Provincial Statutes and should include a
revision of the lndian Act.
Now, having as we hope made clear the position in which we stand,
and from which we look at the whole subject, we proceed to comply
with the desire of the Government of British Columbia.
PART II. -- REPORT OF THE ROYAL COMMISSION
Introductory Remarks
The general view held by U.S. the report of the Royal Commission,
was correctly stated in the communication sent by the Agents of the
Nishga Tribe to the Lord President of His Majesty's Privy Council on
27th May, 1918.
We now have before us the report of the Royal Commission, and
are fully informed of its contents, so far as material for the purpose
of this statement . The report has been carefully considered by the
Allied Tribes, upon occasion of several meetings, and subsequently
by the Executive Committee of the Allied Tribes.
Two general features of the report which we consider very
unsatisfactory are the following:--
1. The additional lands set aside are to a large extent of
inferior quality, and their total value is much smaller than
that of the lands which the Commissioners recommend
shall be cut off.
2. In recommending that reserves confirmed and additional
Iands set aside be held for the benefit of bands, the Comm-
issioners proceeded upon a principle which we consider err-
onerous as all reserved lands should be held for the benefit
of the Tribes.
Grounds of Refusal to Accept
In addition to the grounds shown by our general introductory
remarks, we mention the following as the principal grounds upon
which we refuse to accept as a settlement the findings of the
Royal Commission:--
1. We think it clear that fundamental matters such as tribal owner-
ship of our Territories require to be dealt with, either by concession
of the governments, or by decision of the Judicial Committee, before
subsidiary matters such as the finding of the Royal Commission can
be equitably dealt with.
2. We are unwilling to be bound by the McKenna-McBride Agreement,
under which the findings of the Royal Commission have been made.
3. The whole work of the Royal Commission has been based upon
the assumption that Article 13 of the Terms of Union contains all
obligation of the two governments towards the lndian Tribes of
British Columbia, which assumption we cannot admit to be correct.
4. The McKenna-McBride Agreement, and the report of the
Royal Commission ignore not only our land rights but also
the power conferred by Article 13 upon the Secretary of
State for the Colonies..
5. The additional reserved lands recommended by the report.
of the Royal Commission, we consider to be utterly inadequate
for meeting the present and future requirements of the Tribes.
6. The Commissioners have wholly failed to adjust the inequal-
ities between Tribes, in respect of both area and value of reserved
Iands, which Special Commissioner McKenna, in his report, pointed
out and which the report of the Royal Commission has proved to
exist.
7. Notwithstanding the assurance contained in the report of Special
Commissioner McKenna, that " such further lands as are required
will be provided by the Province, in so far as Crown lands are available,"
the Province, by Act passed in the spring of the year 1916, took back
two million acres of land, no part of which ; as we understand, was set
aside for the lndians by the Commissioners, whose report was soon
thereafter presented to the governments.
8. The Commissioners have failed to make any adjustment of water-
rights, which in the case of lands situated within the Dry Belt, is
indispensable.
9. We regard as manifestly unfair and wholly unsatisfactory the provisions
of the McKenna-McBride Agreement relating to the cutting-off and reduction
of reserved lands, under which one-half of the proceeds of sale of any such
Iands would go to the Province, and the other half of such proceeds, instead
of going into the hands or being held for the benefit of the tribe, would be
held by the Government of Canada for the benefit of all the lndians of
British Columbia.
PART lll - NECESSARY CONDITIONS OF EQUITABLE
SETTLEMENT
Introductory Remarks
1. In the year 1915, the Nishga Tribes and the lnterior Tribes allied with them,
made proposals regarding settlement, suggesting that the matter of lands to
be reserved be finally dealt with by the Secretary of State for the Colonies
and that all other matters requiring to,be adjusted, including compensation
for lands to be surrendered, be dealt with by the Parnament of Canada .
Those proposals the Government of,Canada rejected by Order-in-Council
passed in June, 1915, mainly upon the ground that the Government was
precluded by the McKenna-McBride Agreement from accepting them. For
particulars we refer to " Record of lnterviews," published in July, 1915, at
pages 21 and 105. It will be found that to some extent these proposal are
incorporated in this statement.
2. Some facts and consideration which, in considering the matter of
additional lands. it is, we think, specially important to take into account,
are the following:--
2.
( 1 ) In the three States of Washington, Idaho and Montana, all
adjoining British Columbia, lndian title has been recognized,
and treaties have been made with the lndian tribes of those
States. Under those treaties, very large area of land have
been set aside. The total lands set aside in those three States
considerably exceeds 10,000,000 acres, and the per capita
area varies form about 200 acres to about 600 acres.
( 2 ). Portions of the tribal territories of four tribes of the Interior
of British Columbia extend into the States above-mentioned,
and thus portions of those tribes hold lands in the Colville
Reservation, situated in the State of Washington, and the
Flathead Reservation, situated in the State of Montana.
( 3 ). By treaties made with the lndian Tribes of the Provinces
of Saskatchewan and Alberta, there has been set aside an
average per capita area of about 180 acres.
( 4 ) For the five Tribes of Alberta that entered into Teaty No 7,
whose tribal territories all adjoin British Colmbia having now
a total lndian population of about 3,500, there was set aside
a total area of about 762,000 acres, giving a per capita area
of 212 acres.
( 5 ) The facts regarding the lndian Tribes inhabiting that part of
Northern British Columbia lying to the East of the Rocky
Mountains shown in lnterim Report No. 91 of the Royal
Commission at pages 126, 127, and 128 of the Report show
that the Royal Commission approved and adopted as a
standard for the lndians of that part of the Provnce occupying
Provincial lands the per capita area of 160 acres of agricultural
land per individual, or 640 acres per family of five, set aside
under Treaty No. 8.
( 6 ). As shown by the facts above stated, all the Tribes that are
close neighbours of the British Columbia lndians on the South
and East have had large areas per capita set aside for their use
and benefit, and the lndians inhabiting the Northeastern portion
of British Columbia have also been fairly treated in the matter of
agricultural lands reserved for them Notwithstanding that state of
affairs, the areas set aside for all the other British Columbia Tribes
average only thirty acres per capita, or from one - fifth to one---
twentieth of the acreage of Reserves set aside for their neighbours.
( 7 ) It may also be pointed out that at one time even this small amount
of land was considered excessive for the needs of the lndian Tribes
British Columbia, as is shown by the controversy which in the year
1873 arose between the two Governments on the subject of acreage
of lands to be reserved for the lndians of British Columbia. ( See Re-
port of Royal Commission at pages 16 and 17. ) At that time the
Dominion Government contended for a basis of 80 aces per family
or 16 acres per capita, and the British Columbia Government cont-
ended for a basis of 20 acres per family or 4 acres per capita.
( 8 ). It may further be pointed out that at that very time, while the Gov-
ernments were discussing the question whether each individual
Indian required 16 acres or 4 acres, the Provincial Government was
allowing individual white men each to acquire by pre-emption 160
acres West of the Cascades and 320 acres East of that Range, each
per-emptor choosing his land how and where he desired.
( 9 ). All the facts which we have above stated when taken together
prove conclusively, as we think, that the per capita area of 30
acres recommended by the Royal Commission is utterly inadeq-
utter, and that a per capita area of 160 acres would be a entirely
reasonable standard, That conclusion is completely confirmed
by our knowledge of the actual land requirements of our Tribes.
( 10 ) At the same time it is clear to us that, in applying that stand-
ard, the widely differing conditions and requirement of various
sections of the Province should be taken into consideration.
( 11 ) We proceed to state what are the conditions and requirements
of each of the sections to which we have referred.
( 12 ) For that purpose we divide the Province into five sections as
follows:
1. Southern Coast.
11. Northern Coast, together with the West Coast of Vancuver
Island.
111 Southern lnterior.
IV. Central lnterior.
V. Northern lnterior.
In the case of Section 11. the conditions are such that the country
is not to any great extent agricultural. The lndians require some
additional agricultural land together with timber lands.
In the case of Section 11. the conditions are such that the country
is not to any great extent agricultural. The lndians require some add-
itional agricultural land together with timber lands.
In the case of Section 111. the conditions are more favourable to
stock raising than to agriculture. Throughout the Dry Belt irrigation
is an absolute necessity for agriculture. The lndians require large
additional areas of agricultural land.
In the case of Section V. the conditions are wholly unfavourable
to both agriculture and stock raising. The main requirement of the
Indians is that, either by setting aside large hunting and trapping
areas for their exclusive use or otherwise, hunting and trapping,
the main industry upon which of necessity they rely, should be fully
preserved for them.
3. It is quite clear to us that these conditions of settlement require
to be considered by the Government of Canada as well as the
Government of British Columbia.
Conditions Proposed as Basis of Settlement
We beg to present for consideration of the two Governments
the following which we regard as necessary conditions of equit-
able settlement:
1. That the Proclamation issued by King George 111. in the year
1763 and the Report presented by the Minister of Justice in the
year 1875 be accepted by the two Governments and established
as the main basis of all dealing and all adjustment of lndian land
rights and other rights which shall be made.
2. That it be conceded that each Tribe for whose use and benefit
land is set aside, ( under Article 13 of the " Terms of Union " )
acquires thereby a full, permanent and beneficial title to the land
so set aside together with all natural resource pertaining thereto;
and that Section 127 of the Land Act of British Columbia be
amended accordingly.
3. That all existing reserves not now as parts of the Railway Belt
or otherwise held by Canada be conveyed to Canada for the use
and benefit of the various Tribes.
4. That all foreshores whether tidal or inland be included in the
reserves with which they are connected, so that the various
Tribes shall have full permanent and beneficial title to such
foreshores.
5. That adequate additional lands be set aside and that to this
end a per capita standard of 160 acres of average agricultural
Iand having in case of lands situated within the dry belt a sup-
ply of water sufficient for irrigation be established, By the word
" standard " we mean not a hard and fast rule, but a general est-
imate to be used as a guide, and to be applied in a reasonable
way to the actual requirements of each tribe.
6. That in sections of the Province in case of which the character
of available land and the conditions prevailing make it impossible
or undesirable to carry out fully or at all that standard the lndian
Tribes concerned be compensated for such deficiency by graz-
ing lands, by timber lands, by hunting lands or otherwise, as the
particular character and conditions of each such section many
require.
7. That all existing inequalities in respect of both acreage and
value between lands set aside for the various Tribes be
adjusted.
8. That for the purpose of enabling the two Governments to
set aside adequate additional lands and adjust all inequali-
ties there be established a system of obtaining lands inclu-
ding compulsory purchase,similar to that which is being
carried out by the Land Settlement Board of British Colu-
bia.
9. That if the Governments and the Allied Tribes should not
be able to agree upon a standard of lands to be reserved
that matter and all other matters relating to lands to be re-
served which cannot be adjusted in pursuance of the prec-
eding conditions and by conference between the two gove-
ernments and the Allied Tribes be referred to the Secretary
of State for the Colonies to be finally decided by that Mini-
aster in view of our land rights conceded by the two Gover-
nments in accordance with our first condition and in pursu-
ance of the provisions of Article 13 of the " Terms of Union"
by such method of procedure as shall be decided by the
Parliament of Canada.
10. That the beneficial ownership of all reserves shall belong
to the Tribes for whose use and benefit they are set aside.
11. That a system of individual title to occupation of partic-
ular parts of reserved lands be established and brought in-
to operation and administered by each Tribe.
12. That all sales, leases and other dispositions of land or
, timber or other natural resources be made by the Govern-
ment of Canada as trustee for the Tribe with the consent
of the Tribe and that of all who may have rights of occup-
ation affected, and that the proceeds be disposed of in
such way and used from time to time for such particular
purposes as shall be agreed upon between the Govern-
ment of Canada and the Tribe together with all those
having rights of occupation.
13. That the fishing rights, hunting rights, and water rights
of the lndian Tribes be fully adjusted. Our land-rights having
first been established by concession or decision we are will-
ing that our general rights shall after full conference between
the two Governments and the Tribes be adjusted by enact-
ment of the Parliament of Canada.
14. That in connection with the adjustment of our fishing
rights the matter of the international treaty recently entered
into which very seriously conflicts with those rights be ad-
judged. We do not at present discuss the matter of fishing
for commercial purposes. However, that matter may stand.
We claim that we have a clear aboriginal right to take salmon
for food. That right the lndian Tribes have continuously exer-
cised form time immemorial. Long before the Dominion of
Canada came into existence that right was guaranteed by
Imperial enactment, the Royal Proclamation issued in the
year 1763. We claim that under that Proclamation and an-
other lmperial enactment, Section 109 of the British North
America Act, the meaning and effect of which were explained
by the Minister of Justice in the words set out above, all power
held by the Parliament of Canada for regulating the fisheries of
British Columbia is subject to our right of fishing. We therefore
claim that the regulations contained in the treaty cannot be ma-
de applicable to the lndian Tribes, and that any attempt to en-
force those regulations against the lndian Tribes is unlawful,
being a breach of the two lmperial enactments mentioned.
15. That compensation be made in respect of the following
particular matters:
( 1 ) Inequalities of acreage or value or both that may be agreed
to by any Tribe.
( 2 ) lnterior quality of reserved lands that may be agreed to by
any Tribe.
( 3 ) Location of reserved lands other than that required agreed
to by any Tribe.
( 4 ) Damage caused to the timber or other. natural resources
of any reserved lands as for example by mining or smelt-
ing operations.
( 5 ) All moneys expended by any Tribe in any way in connect-
ion with the lndian land controversy and the adjustment of
all matters outstanding.
16. That general compensation for lands to be surrendered
be made:
( 1 ) By establishing and maintaining an adequate system of
education, including both day schools and residential in-
dustrial schools, etc.
( 2 ) By establishing and maintaining an adequate system of
medical aid and hospitals.
17. That all compensations provided for by the two preceding
paragraphs and all other compensation claimed by any Tribe
so far as may be found necessary be dealt with by enactment
of the Parliament of Canada and be determined and administ-
ered in accordance with such enactment.
18 That all restrictions contained in the Land Act and other Stat-
utes of the Province be removed.
19 That the lndian Act be revised and that all amendment of that
Act required for carrying into full effect these conditions of sett-
ment, dealing with the matter of citizenship, and adjusting all
outstanding matters relating to the administration of lndian aff-
airs in British Columbia be made.
20. That all moneys already expended and to be expended by
the Allied Tribes in connection with the lndian land controversy
and the adjustment of all matters outstanding be provided by
the Governments.
PART IV . ---CONCLUDING REMARKS
In conclusion we may remark that we have been fully informed on all
matters material to the preparation of this Statement, and have been ad-
vised on all matters which we considered required advice. We have cond-
ucted a full discussion of all points contained in the Statenment, and have
been careful to obtain the mind of all the principal Allied Tribes on all the
principal points. These discussions have taken place at various large inter-
tribal meetings held in different parts of the Province, together with a meet--
ing of the Executive Committee. As result, we think we thoroughly under--
stand the matters which have been under consideration. Having discussed
all very fully, we now declare this Statement to be the well--settled mind of
the Allied Tribes
We have carefully limited our Statement of what we think should be
conditions of settlement to those we think are really necessary. We are
not pressing these conditions of settlement upon the Governments. If the
Governments accept our basis and desire to enter into negotiations
with us, we will be ready to meet them at any time. In this connection ,
however , we desire to make two things clear. Firstly, we are willing to
accept any adjustment which may be arranged in a really equitable way,
but we are not prepared to accept a settlement which will be a mere
compromise. Secondly, we intend to continue sressing our case in the
Privy Council until such time as we shall obtain a judgment, or until such
time as the Governments shall have arrived at a basis of settlement
with us.
To what we have already said we may add that we are ready
at any time to give whatever addititional information and explan-
ation may be desired by the Governments for the further elucida-
ation of all matters embraced in our Statement.
We may further add that the Allied Tribes as a whole and the
Executive Committee are not professing to have the right and
power to speak the complete mind of every one of the Allied
Tribes on all matters, particularly those matters which specially
affect them as lndividual Tribes. Therefore, if the Governmnets
should see fit to enter into negotiation with us, it migtht become
necessary also to enter into negotiation regarding some matters
with individual Tribes
We certify that Statement above set out was adopted at a full
meeting of the Executive Committee of the Allied Tribes of British
Columbia held at Vancouver on the 12th day of Novermber, 1919,
and by the Sub--Committee of the Executive Committee on the
9th day of December in the same year.
" PETER R. KELLY,"
Chairman of Executive Committee
and member of Sub--Committee.
" J. A. TEIT , "
Secretary of Executive Committee
and member of Sub-- Committee.
PETITION TO PARLIAMENT
June 1926
The petition of the Alied Tribes of British Columbia humbly showeth as
follows:
1. This petition is presented on behalf of the Allied Tribes of British Columbia
by Peter R. Kelly, Chairman duly authorized by resolution unanimously adop-
ted by thenExecutive Committee of Allied Tribes on 19 th December, 1925.
2. When British Columbia entered Confederation Section 109 of the British
North American Act was made applicable to all public lands with certain
specific exceptions. By virtue of the application of this Section it was enacted
that public lands belonging to the Colony of British Columbia should belong
to the new Province. By virtue of the application of the same Section as
explained by the Minister of Justice in January 1875, all territorial land rights
claimed be the lndian Tribes of the Province were preserved and it was
enacted that such rights should be an " interest " in the public lands of the
Province. The lndian Tribes of British Columbia claim actual ownership in
the sense of ownership excluding any title of the Crown. It is recognized by
the Allied Tribes that there is in respect of all the public lands of the Province
an underlying title of the Crown which title at least for the present purposes
it is not thought necessary to define.
3. In order to make clear what is meant by an " interest " the petitioners
quote the following words of lord Watson to be found in the lndian Claims
Case L. R. 1897 A. C. at page 210:
" An interest other than that of the Province in the same appear to
them to denoted some right or interest in a third party independent
of and capable of being vindicated in competition with the beneficial
interest of the old Province."
4. The position taken by the allied Tribes was placed before parliament
by means of petition presented to the House of Commons on 23rd
March. 1920, and read in the House of Commons Andre order on 26th
March,1920 ( Hansard p. 825 ) and Petition presented to the Senate on
9th June, 1920, to all content of which two Petition beg leave to refer.
5. In the month of August 1910, Sir Wilfired Laurier, having been advised
by the Department of Justice that lndian land controversy should be Jud--
icially decided, met the lndian Tribes of northern British Columbia at Prince
Rupert and speaking on behalf of Canada said:-
" l think the only way to settle this question that you have agitated for
years is by a decision of the Judicial Committee, and l will take steps
to help you."
6. By agreement which was entered into by the late Mr. J. A. J. McKenna,
Special Commissioner on behalf of the Dominion of Canada and the late
Premier Sir Richard McBride on behalf of the Province of British Columbia
in the month of September 1912, and before the end of that year was
adopted by both Governments, it was stipulated that by means of a Joint
Commission to be appointed. Iands should be added to lndian Reserves
and lands should be cut off form lndian Reserves. by that agreement it
was provided that the carrying out of tits stipulations should be a " final
agreement of all matters relating to lndian affairs in the Province of
British Columbia."
7. On the 30th day of June, 1916, the Royal Commission on lndian Affairs
for the Province of British Columbia appointed in pursuance of the agree--
ment above mentioned issued Report which was place in the hands of
both Governments.
8. In the month of September, 1916, the Duke of Connaught, acting as his
Majesty's Representative in Canada and in response to letter which had
been addressed to him on behalf of the Nishga Tribes and the lnterior
Tribes, gave assurances communicated by His Secretary to the General
Counsel of allied Tribes in the following words:-
" His Royal highness has interviewed the Honourable Dr. Roche with
reference to your letter of the 29th May and your interview with me
and I am commanded by his Royal Highness to state that he considers
it is the duty of the Nishga Tribe of lndians to await the decision of the
Commission, after which if they do not agree to the conditions set forth
by that Commission, they can appeal to the Privy Council in England,
when their case will have every consideration. As their contentions will
be duly considered by the Privy Council in the event of the lndians being
dissatisfied with the decision of the Commission. His royal Highness is
not prepared to interfere in the matter at present and he hopes that you
will advise the lndians to await the decision of this Commission,"
9. The allied Tribes have always. been and still are unwilling to be bound by
the agreement above mentioned and have alway been and still are unwilling
to accept as final settlement the finding contained in the Report of the Royal
Commission.
10. In the year 1920 the Parliament of Canada enacted the law known
as Bill 13 being Chapter 51 of the Statutes of that year authorizing the
Governor General in Council to carry out the agreement above ment--
ioned by,adopting the Report of the Royal Commission. From the pre--
amble and the enacting words the professed purpose of the Bill appe--
ared to be that of effecting settlement by actually adjusting all matters.
11. In course of debate regarding Bill 13 had in the Senate on 2nd June
1920 Sir James Lougheed, leader of the then Government in the Senate,
answering remarks of Senator Bostock by which was expressed the fear
that if the Bill should become law the lndians might "-- be entirely put out
of Court and be unable to proceed an any questions of title." gave the
following assurance ( Debate at Senate -- 1920 p. 475 col. 21:--
" l might say further honourable gentlemen, that we do,not propose
to exclude the claims of lndians. It will be manifest to every honourable
gentleman that if the lndians have claims anterior to Confederation or
anterior to the creation of the two Crown Colonies in the Province of
British Columbia they could be adjusted or settled by the lmperial
Authorities. Those claims are still valid. If the claim be a valid one which
is being advanced by this gentleman and those associated with him as
to the lndian Tribes of British Columbia being entitled to the whole of
the lands in British Columbia his Government Cannot disturb that claim.
That claim can still be asserted in the future."
12. Upon occasion of interview had with the Executive Committee and
the General Counsel of allied Tribes at Vancouer on 27 July, 1923, the
minister of lnterior speaking on behalf of the Government of Canada
conceded that the allied Tribes are entitled to secure judicial decision
of the lndian land controversy and gave assurance that the Dominion
of Canada would help them in securing such decision.
13. By Order in Council passed in the month of August, 1923, the
Government of the Province of British Columbia adopted the Report
of the Royal Commission.
14. By Memorandum which was presented to the Government of
Canada on 29th February, 1924, the allied Tribes opposed the pass-
ing of Order in Council of the Government of Canada adopting the
Report of the Royal Commission upon the ground, among other
grounds, that no matter whatever relating to lndian affairs in British
Columbia having been fully adjusted and important matters such as
foreshore rights, fishing rights, and water rights not having been to
any extent adjusted, the professed purpose of the Agreement and
the Act had not been accomplished.
15. By Order in Council passed on 19th July, 1924, the Government
of Canada, acting under Chapter 51 of the Statutes of the year 1920
and upon recommendation of the Minister of lnterior adopted the
Report of the Royal Commission.
16. From the Memorandum issued by the Deputy Minister of Justice
on 29th February, 1924, answering questions which had been sub--
mitted by the allied Tribes to the Government of Canada, the Order--
in--Council passed on 19th July, 1914, and the Memorandum issued
by the Deputy Minister of lndian Affairs on 9th August, 1924, it clearly
appears as is submitted that both the Department of Justice and the
Department of lndian Affairs regard the Statute Chapter 51 of the year
1920 as intended, not for bringing about an actual adjustment of all
matters relating to lndian affairs, but for the purpose of bringing about
a legislative adjustment of all such matters and thus effecting final
settlement under the laws of Canada without the concurrence or con-
sent of the lndian Tribes of British Columbia.
17. The allied Tribes submit that so far as Section 2 being the main
enactment of Chapter 51 may be interpreted at being intended for
accomplishing the purpose above mentioned and thus bringing to
an end all aboriginal rights claimed by the lndian Tribes of British
Columbia, that enactment is in conflict with the provisions of the
British Columbia, that enactment is in conflict with the provisions
of the British North America Act.
18. On the 15th January, 1925, the Executive Committee of the Allied
Tribes unanimously adopted the following resolution:
" ln view of the fact that the two Governments have passed Orders-
in- Council confirming the Royal Commission on lndian Affairs, we
the Executive Committee of the allied Tribes of British Columbia are
more that ever determined to take such action as may be necessary
in order that the lndian Tribes of British Columbia may receive justice
and are furthermore determined to establish the rights claimed by
them by a judicial decision of his Majesty's privy Council."
19 ln the course of debated had in the House of Commons on 26th
June, 1925, the Minister of lnterior speaking on behalf of the Gov-
ernment of Canada in answer to the representations which had
been made on behalf of the allied Tribes recognized that the allied
Tribes are entitled to obtain form His Majesty's Privy Council dec-
ision of the lndian land controversy and agreed that the Govern-
ment would give authoritative sanction for doing so.
20. With regard to the remark then made by the minister that the
Government would not be justified in providing funds unless"--
something very concrete-- " should be presented, the allied
Tribes submit that they have already presented" something
very concrete " namely , their own conditions proposed for
equitable settlement by their Statement presented to the
Government of British Columbia in response to request
of that Government in the month of December, 1919,
and subsequently presented to Government of
Canada.
21. With regard to the general subject of the funds which as the
allied Tribes claim the Dominion of Canada is under the obliga-
ation of providing, the allied Tribes have placed in the hands of
the Superintendent- General of lndian Affairs to following
Memorial:-
THE ALLIED INDIAN TRIBES OF BRITISH COLUMBIA
to the
SUPERINTENDENT GENERAL OF INDIAN AFFAIRS
By this Memorial of the allied Tribes of British Columbia it is
respectfully submitted as follows:
The allied Tribes submit that the Dominion of Canada is under
Obligation for providing all funds already expended and all
funds requiring hereafter to be expended by the allied Tribes in
dealing with the lndian land controversy, in establishing the
rights of the allied Tribes, and in bringing about final adjustment
of all matters relating to lndian Affairs in British Columbia.
The allied Tribes so submit upon the grounds briefly stated as follows:
1. Well established precedent relating to judicial proceedings intended for
establishing the rights of lndian Tribes and in particular that of the Oka
case, which was carried independently to the Justicial Committee of His
Majesty's privy Council by the lndians interested and of which the total
cost was provided by the Parliament of Canada,
2. The fact that the Dominion of Canada being by virtue of the British
North America Act and the " Terms of Union " Trustee for the lndian
Tribes of British Colnmbia and under all obligations arising from such
trusteeship has by entering into the compact with British Columbia
above mentioned rendered itself incompetent for taking effective action
establishing the rights of the lndian Tribes of British Columbia, as is
clearly show by the Opinion of the Minister of Justice issued in the
month of December 1913, and moreover has put itself in the position
of a party in the case upholding the contentions of the Province of
British Columbia, and by the acts so stated has placed upon the lndian
Tribes the absolute necessity of proceeding independently for establish-
ing their rights.
3. The principle of compensation is respect of all aboriginal land
and other rights of the lndian Tribes of British Columbia,
responsibility for which has already been conceded by the
Dominion of Canada, and of which as the allied Tribes submit
the first item consists of the full expenditure required for
establishing such rights of the lndian Tribes and bringing about
adjustment of all matters now requiring to be adjusted.
4. the assurances which on behalf of the Dominion of Canada
have from time to time been given to the lndian Tribes of
British Columbia and in particular that of Sir Wilfred Laurier
and those of the present Minister of lnterior.
5. The lands and funds held by the Dominion of Canada in trust
for the allied Tribes and being the beneficial property of the allied
Tribes.
Therefore the Allied Tribes now formally demand from the Dominion of
Canada payment of the sum of one hundred thousand dollars,being the
total amount of such expenditures already incurred, and further demand
from the Dominion of Canada that full provision be made for paying all
additional funds which hereafter shall be required for such expenditure,
as shall be agreed upon between the allied Tribes and the Dominion of
Canada or if necessary shall be determined by the Judicial Commitee of
His Majesty's Privy Council.
Dated at the City of Ottawa the. June, 1926.
Chairman of Exective Commitee of Allied tribes.
To Honourable Charles Stewart, Superintendent-General of
lndian Affairs, Ottawa.
22. The Gonernment of Canada having definitely agreed as is above shown
that the Dominion of Canada will facilitate securing from the Judicial
Committee of His Majesty's Privy Council decision of the lmdians land
controversy , the General Counsel of allied Tribes entered upon discu-
ssion with the Minister of Justice regarding the particular method by
which the securing of such decision will be faciltated, and offered to
suggest for consideration of the Minister of Justice common ground
which might be reached by the Government of Canada and the allied
Tribes in connection with the carrying forward of the independent
judicial proceedings of the allied Tribes.
23. In presenting this Petition to the Parliament of Canada as the Supreme
Body representing the Dominion of Canada the alliedTribes declare that,
while it is necessary for them to demand what they consider to be their
rights from both the Province of British Columbia and the Dominion of
Canada and even to contest the validity of an Act of the Parliament of
Canada, they desire and intend to act towards all Ministers of the Cro-
wn , all Members of both Houses of Parliament and all others concern-
ed in a thoroughly reasonable and conciliatory way and that their one
central objective is, by securing judicial decision of all issues involved,
to open the way for bringing about an equitable and moderate sette--
ment satisfactory to the Governments as well as to themselves.
Therefore the Petitioners pray:
1. That by amendment of Chapter 51 of the Statutes of the year 1920
or otherwise the assurance set out in paragraph 11of this Petition be
made effective and the aboriginal rights of the lndian Tribes of
British Columbia be safeguarded.
2. That steps be taken for defining and settling between the allied Tribes
and the Dominion of Canada all issues requiring to be decided between
the lndian Trbes of British Columbia on the one hand and the Government
of British Columbia and the Government of Canada on the other hand.
3. That immediate steps taken for facilitating the independent
proceeding of the allied Tribes and enabling them by securing
reference of the Petition now in His Majesty's Privy Council and
such other independent judicial action as shall be found necessary
to secure judgment of the Judicial Commitee of His Majesty's Privy
Council deciding all issues involved.
4. That this Petition and all related matters be referred to a Special
Committee for full consideration.
Dated at the City of Ottawa, the 10th day of June, 1926.
PETER R. KELLY
Chairman of Executive Committee of Allied Tribes.
A may referendum on Quebec sovereignty win only 40-4-per-cent support.
On June 10 the federal government tables a " Statement of Principles for a New Constitution"
in the House of Commons:
We, the people of Canada, proudly proclaim that we are and shall always be, with the help of
God, a free and self- governing people, born of a meeting of the English and French presence
on North American Soil which had long,been the home of our Native peoples, and enriched
by the contribution of millions of people from the four corners of the earth, we have chosen to
create a life together which transcends the differences of blood relationships, language and
religion, and willingly accept the experience of sharing our wealth and cultures, while respect-
ing our diversity. We have chosen to live together in one sovereign country, a true federation
conceived as a constitutional monarchy and founded on democratic principles. Faithful to our
history, and united by a common desire to give new life and strength to our federation, we are
resolved to create together a new constitution which: shall be conceived and adopted in
Canada, shall reaffirm the official status of the French and English languages in Canada, and
the diversity of cultures within Canadian society, shall enshrine our fundamental freedoms,
our basic civil, human and language rights, including the right to be educated in one's
language, French or English, where numbers warrant, and the rights of our native peoples,
and shall define the anthority of parliament and of the legislative assemblies of our several
Provinces we further declare that our parliament and provincial legislatures, our various
governments and their agencies shall have no other purpose legislatures, our various
governments and their agencies shall have no other purpose than to strive for the happ-
iness and fulfilment of each and all of us.
The government also outlines " Priorities for a new Canadian Constitution,"
The time has come for the government of Canada and the governments of the provinces
to join together in the task of drafting a new Canadian constitution as it enters upon that
task, the government of Canada is dedicated to a full review of all constitutional measures
now applying to our federation. The whole task constitutes a great enterprise and will take
time to achieve. Not all of it can be accomplished at once, nor can we wait until all of it is
done to demonstrate to the people of it can be accomplished at once, nor can we wait
until all of it is done to demonstrate to the people of Canada that trngible progress is being
made.The government of Canada believes, there fore , that intensive work should now
being on a list of items of particular priority to the people of Canada and to governments,
with
13.
1. ABILITY OF THIS COURT TO INTERFERE WITH THE FACTUAL FINDINGS MADE BY
THE TRIAL JUDGE
(3) WHAT IS THE CONTENT OF ABORIGINAL TITLE HOW IS IT PROTECTED BY S. 35(1)
AND WHAT IS REQUIRED FOR ITS PROOF [4] WHETER THE APPELLANTS MAADE OUT
A CLAIM TO SEIF--GOVERNMENT: AND (5) WHETHER THE PROVINCE HAD THE POWER
TO EXTINGUISH ABORIGINAL RIGTHS AFTER 1871, EITHER UNDER ITS OWN
JURISDICTION OR THROUGH THE OPERATION OF S. 88 OF THE INDIAN ACT
THE TRIAL JUDGE REFUSED TO ADMIT OR GAVE NO INDEPENDENT WEIGHT TO THESE
ORAL HISTORIES AND THEN CONCLUDED THAT THE APPRLLANTS HAD NOT
DEMONSTRATED THE REQUISITE DEGREE OF OCCUPATION FOR "OWNER -SHIP" HAD
THE ORAL HISTORIES BEEN VERY DIFFERENTE
THE CONTENT OF ABORIGINAL TITLE, HOW IT IS PROTECTED BY S, 35(1) OF THE
CONSTITUTION ACT,1982,AND THE REQUIREMENTS NECESSARY TO PROVE IT.
ABORIGINAL TITLE IS SUIGENERIS AND SO DISTINGUISHED FORM OTHER
PROPRIETARY INTERESTS,AND CHARACTERIZED BY SEVERAL DIMENSIONS. IT IS
INALIENABLE
AND CANNOT BE TRANSFERRED, SOLD OR SURRENDERD TO ANY-
ONE OTHER THAN THE CROWN, AN OTHER DIMENSION OF ABORIGINAL TITLE IS
ITS SOURCES: ITS RECOGNITION BY THE ROYAL PROCLAMATION, 1763 AND THE
RELATIONSHIP BETWEEN THE COMMON LAW WHICH RECOGNIZE OCCUPATION
AS PROOF OF POSSESSON AND SYSTEMS OF ABORIGINAL LAW PRE-EXISTING
ASSERTION OF BRITISH SOVEREIGNTY. FINALLY ABORIGINAL TITLE IS HELD
COMMUNALLY.
AT COMMON LAW THE FACT OF PHYSICAL OCCUPATION IS PROOF OF POSSESSIN
AT LAW, WHICH IN TURN WILL GROUD TITLE TO THE LAND. PHYSICAL OCCUPATION
MAY BE ESTABLISHED IN A VAIETY OF WAYS, RANGING FROM THE CONSTRUCTION
OF DWELLINGS THROUGH CULTIVATION AND ENCLOSURE OF FIELDS TO REGULAR
USE OF DEFINITE TRACTS OF LAND FOR HUNTING, FISHING OR OTHERWISE
EXPLOTING ITS RESOURCES
IT IS PERSONAL IN THAT IT IS GENERALLY INALIENABLE EXCEPT TO THE CROWN
AND,IN DEALING WITH THIS INTEREST THE CROWN IS SUBJECT TO FIDUCIARY
OBLIGATION TO TREAT THE ABORIGINAL PEOPLE TO LIVE ON THEIR LANDS AS
THEIR FOR FATHERS HAD LIVED
BY CONTRAST A GENERAL CLAIM TO OCCUPY AND POSSESS VAST TRACTS OF
TERRITORY IS THE RIGTH TO USE THE LAND FOR A VARIETY OF ACTIVITIES
RELATED TO THE ABORIGINAL SOCIETY'S HABITS AND MODE OF LIFE. AS WILL
IN DEFINING THE NATURE OF "ABORIGINAL", REFERENCE NEED NOT BE MADE TO
STATUTORY PROVISIONS AND REGULATION DEALING WITH RERVE LANDS
THE "KEY" FACTORS FOR RECOGNIZING ABORIGINAL RIGHTS UNDES. 35(1) ARE
MET IN THE PRESENT CASE FIRST THE NATURE OF AN ABORIGINAL CLAIM MUST
BE IDENTIFIED PRECISELY WITH REGARD TO PARTICULAR PRACTIES, CUSTOMS
AND TRADITIONS WHEN ABORIGINAL CLAIM MUST BE IDENTIFIED PRECISELY
WITH REGARD TO PARTICULAR PRACTIRES,CUSTOMS AND TRADITIONS WHEN
DEALING WITH AA CLAIM OF 'ABORIGINAL TITLE,' THE COURT WILL FOCUSON
THE OCCUPATION AND USE OF THE LAND AS PART OF THE ABORIGINAL
SOCIETY'S TRADITIONAL WAY OF LIFE.
SECOND AN ABORIGINAL SOCIETY MUST SPECIFY THE AREA THAT HAS BEEN
CONTINUOUSLY USED AND OCCUPIED BY IDENTIFYING GENERAL BOUNDARIES.
EXCLUSIVITY MEANS THAT AN ABORIGINAL GROUP MUST SHOW THAT A CLAIMED
TERITORY IS INDEED ITS ANCESTRAL TERRITORY AND NOT THE TERRITORY OF AN
UNCONNECTED OBORIGINAL SOCIETY. IT IS POSSIBLE THAT TWO OR MORE
OBORIGINAL GROUPS MAY HAVE OCCUPIED THE SAME TERRITORY AND THEREFORE
A FINDING OF JOINT OCCUPANCY WOULD NOT BE PRECLUDED.
THIRD THE ABORIGINAL RIGHT OF POSSION IS BASED ON THE CONTINUED OCUPATION
AND USE OF TRADITIONAL TRIBAL LANDS SINCE THE ASSERTION CROWN
SOVEREIGNTY. HOW EVER THE DATE OF SOVEREIGNTY MAY NOT BE THE ONLY
RELEVANT TIME TO CONSIDED. CONTINUITY MAY STILL EXIST WHERE THE PRESENT
OCCUPATION OF ONE ARE A IS CONNECTED TO THE PRE-SOVEREIGNTY OCCUPATION
OF ANOTHER ARE A.AL SO ABORIGINAL PEOPLES CLAIMING A RIGHT OF POSSESSION
MAY PROVIDE EVIDENCE OF PRESENT OCCUPATON AS PROOF OF PRIOR OCCUPATION,
FURTHER IT NOT NECESSARY TO ESTABLISH AAN UNBROKEN CHAIN OF COTINUITY.
FOURTH IF ABORIGINAL PEOPLES CONTINUE TO OCCUPY AND USE THE LAND AS PART
OF THEIR TRADITIONAL WAY OF LIFE,THE LAND IS OF CENTRAL SIGINIFICANE TO THEM.
ABORIGINAL OCCUPANCY REFERS NOT ONLY TO THE PRESENCE OF ABORIGINAL
PEOPLES IN VILLAGES OR PERMANENTLY SETLED AREAS BUT ALSO TO THES USE OF
ADJACENT LANDS ABORIGINAL CLAIM MUST BE IDENTIFIED PRECISELY WITH REGARD
TO PARTICUL PRACTIES, CUSTOMS AND TAD
THE SEVEN FIRE PROPHECY PROPHECY & SUPPLEMENTRY THEORIES
A PROPHECY OF EAACH OF THESE SEVEN PERIODS WERE THEN CALLED A " FIRES "
THE TEACHINGS OF THE SEVEN FIRES PROPHECY ALSO STATE THAT WHEN THE
WORLD HAS BEEN BE FOULED AND THE WATERS TURNED BITTER BY DISRESPECT
HUMAN BEING WILL HAVE TWO OPTIONS TO CHOSE FORM MATERIALISM, IT WILL
BE THE END IT.know
FIRST FIRES PROPHECY
IN THE TIME OF THE FIRST FIRE,THE ANISHINABE NATION WILL RISE UP AND FOLLOW
THE SACRED SHELL OF THE MIDEWIWIN LODGE. THE MIDEWIWIN LODGE WILL SERVE
AS A RALLYING POINT FOR THE PEOPLE AND ITS TRADITIONAL WAYS WILL BE THE
SOURCE OF MUCH STRENGTH THE SACRED MEGIS WILL LEAD THE WAY TO THE
CHOSEN GROUND OF THE ANISHINABE.
YOU ARE TO LOOK FOR A TUTLE SHAPED ISLAND THAT IS LINDED TO THE PURIFIICATION
OF THE EARTH. YOU WILL FIND SUCH AN ISLAND AT THE BEGINNING AND END OF YOUR
JOURNEY. THERE WILL BE SEVEN STOPPING PLACES ALONG THE WAY.
YOU WILL KNOW THE CHOSEN GROUD HAS BEEN REACHED WHEN YOU COME TO A
LAND WHERE FOOD GROWS ON WATER.
IF YOU DO NOT, MOVE , YOU WILL BE DESTROYED.
IN HEEDING THIS PROPHECY THE ANISHINAABE PEOPLES, AFTER RECIVING GUARANTEES OF THE SAFETY OF THEIR " FATHERS" ( THE ABENAKI PEOPLE) AND THEIR
" ALLIED BROTHERS" ( MI' KMAQ ) OF HAVING THE ANLSHINABEG MOVE INLAND AWAY
FORM THE ATLANTIC COAST, MASS MIGRATION OF THE ANISHINAABEG TOOK PLACE,
PROCEEDING TO THE" FIRST STOPPING PLACE " KNOW AS MOONIYAANG,
KNOW TODAY AS MONTREAL , QUEBEC.
THERE THE NATION FOUND A TURTLE-SHAPED ISLAND"
MARKING BY MIIGIS ( COWRIE ) SHELLS
THE NATION GREW TO A LARGE NUMBER AND SPREAD UP BOTH OTTAWA RIVER AND
THE ST LAWRENCE RIVER, THE SECOND OF THE " TURTLE SHAPED ISLAND MARKED
BY MIIGIS SHELLS WAS AT NIAGARA FALLS.
SECOND FIRE PROPHECY
YOU WILL KNOW THE SECOND FIRE BECAUSE AT THIS TIME THE NATION WILL BE
CAMPED BY A LARGE BODY OF WATER.
IN THIS TIME THE DIRECTION OF THE SACRED SHELL WILL BE LOST, THE MIDEWIWIN
WILL DIMINISH IN STRENGTH A BOY WILL BE BORN TO PIONT THE WAY BACK TO THE
TRADITIONAL WAYS HE WILL SHOW THE DIRECTION TO THE STEPPING STONE TO THE
FUTURE OF THE ANISHINAABE PEOPLE.
FIRES SAY THAT THE REALIZATION OF THE SECOND FIRE CAME ABOUT THE " THIRD
STOPPING PLACE " LOCATED SOME WHERE NEAR WHAT NOW IS DETROIT, MICHIGAN.
THE ANISHINAABEG HAD DIVIDED BETWEEN THOSE WHO WENT UP OTTAWA RIVER
AND THOSE THAT WENT UP THE ST LAWRENCE RIVER AFTER LEAVING THE AREA
ABOUT NIAGARA FALLS, THIS GROUP PROCEEDED TO THE " ROUND LAKE " ( LAKE
ST. CLAIR ) AND FOUND THIRD " TURTLE SHAPED ISLAND MAKED BY MIIGIS SHELLS.
THEY CONTINUED WESTWARD UNTIL ARRIVING ALONG THE SOUTHERN SHORES OF
LAKE MICHIGAN, BUT BY THIS TIME, THE EUIDENCE OF THE MIIGIS SHELL WERE LOST,
AND THE SOUTHERN ANISHINAABEG BECAME " LOST " BOTH PHYSICALLY IN THEIR
JOURNEY, AS WELL AS WELL AS SPIRITUALLY IN THEIR JOURNEY. THE SOUTHERN
GROUP OF ANISHINAABEG DISINTERGRATED INTO WHAT TODAY ARE THE OJIBWA
ODAWA AND THE POTAWATOMI.
THE NORTHERN GROUP ALONG THE OTTAWA RIVER DIVIDED INTO ALGONQUIN,
NIPISSING AND THE MISSISSAUGAS, BUT THEY MAINTAINED CHESION THAT WAS
NOT MAINTAINED BY THE SOUTHER GROUP EVENTUALLY, A POTAWATOMI BOY HAD
A DREAM AND POINTED THE SOUTHERN GROUP BACK TOWARDS AND PAST THE
" ROUND LAKE." THE SOUTHERN GROUP REJOINED NOT AS A SINGLE ANISHINAABE
PEOPLEHOOD BUT RATHER AS A UNIFIED ALLIANCE CALLED COUNCIL OF THREE
FIRES TRAVELLING EAST AND NORTH, AND THEN WEST, THE COUNCIL COUNCIL
CROSSED A SERIES OF SMALL ISLANDS KNOWN AS " THE STEPPING STONES "
UNTIL THEY ARRIVED ONTO MANITOULIN ISLAND DESCRIBED AS THE " FOURTH
STOPPING PLACE " OF THE " TURTLE - SHAPED ISLAND " MARKEDBY MIIGIS SHELL.
THERE ON THE ISLAND, THE COUNCIL MET UP WITH THEY MISSISSAUGAS, WHO THEN
SPIRITUALLY FULLY RE- ALIGNED THE FORMERLY LOST SOUTHERN GROUP WITH THE
NORTHERN GROUP, WHO WERE NEVER LOST.
THE ODAWA FACILITATED THE " HEALING " AND THE ISLAND BECAME SYNONYMOS
AS THE " ODAWA'S ISLAND ," IN THE ANISHINAABE LANGUAGE.
THIRD FIRE PROPHECY
IN THE THIRD FIRE...THE ANISHINABE WILL FIND THE PATH TO THEIR CHOSEN GROUND,
A LAND IN THE WEST TO WHICH THEY MOVE THEIR FAMILIES.
THIS WILL BE THE LAND WHERE FOUD GROWS UPON THE WATERS FROM THE CULTURAL
CENTER ON MANITOULIN ISLAND, THE OJIBWE MOVED TO THE AREA ABOUT SAULT STE.
MARIE, WHERE THERE WAS THE NEXT " TURTLE SHAPED ISLAND'"MAKED BY MIIGIS
SHELL.
BAAWATING OR THE " THE RAPIDS " OF THE SAINT MARY'S RIVER BECAME THE " FIFTH
STOPPING PLACE " OF THE OJIBWE. FROM THIS SPOT, THE OJIBWE AND THE RAPEDS
BECAME SYNONYMOUS WITH EACH OTHER, WITH THE OJIBWE KNOW BY THE DAKOTA
PEOPLE AS LYO- HAHANTONWAN ( 'CASCADING- WATER FALLS PEOPLE " ) AND LATER
BY THE FRENCH AS SALILTEURS ( "CASCAADERS" ) AND SAULTEAUX CASCADES"
FROM HERE, THE OJIBWE MOVED WEST, DIVIDING INTO TWO GROUPS , EACH
TRAVELING ALONG THE SHORES OF LAKE SUPERIOR, SEARCHING FOR THE " LAND WHERE FOOD GROWNS UPON THE WATERERS."
FOURTH FIRE PROPHECY
THE FOURTH FIRE PROPHCEY WAS DELIVERED BY A PAIR OF PROHETS THIS FRIST
PROPHETS SAID ;
YOU WILL KNOW THE FUTURE OF OUR PEOPLE BY THE FACE THE LIGHT SHINNED
RACE WEARS. IF THEY COME WEARING THE FACE OF BROTHERHOOD THEN THERE
WILL COME A TIME OF WONDERFUL CHAGE FOR GENERATIONS TO COME. THEY
WILL BRING NEW KNOWLEDGE AND ARITCLES THAT CAN BE JOINED WITH THE
KNOWLEDGE OF THIS COUNTRY,IN THIS WAY TWO NATIONS WILL JOIN TO MAKE A
MIGHTY NATION THIS NEW NATION WILL BE JOINED.BY TWO MORE SO THAT FOUR
WILL, FOR THE MIGHTIEST NATION OF ALL.
YOU WILL KNOW THE FACE OF THE BROTHERHOOD IF THE LIGHT SKIINNED RACE
COMES CARRYING NO WEAPONS, IF THEY COME BEARING ONLY THEIR KNOWLEDGE
AND A HAND SHAKE.
THE OTHER PROPHET SAID :
BEWARE IF THE LIGHT SKINNED RACE COMES WEARING THE FACE OF DEATH. YOU
MUST BE CAREFUL, BECAUSE THE FACE OF BROTHERHOOD AND THE FACE OF
DEATH LOOK VERY MUCH ALIKE.
IF THEY COME CARRYING A WEAPON BEWARE.
IF THEY COME IN SUFFERING...THEY COULD FOOL YOU.
THEIR HEARTS MAY BE FILLED WITH GREED FOR THE RICHES OF THIS LAND. IF THEY
ARE INDEED YOUR BROTHERS, LET THEM PROVE IT.
DQ NOT ACCEPT THEM. IN TOTAL TRUST.
YOU SHALL KNOW THAT THE FACE THEY WEAR IS ONE OF DEATH IF THE RIVERS RUN
WITH POISON AND FISH BECAME UNFIT TO EAT.
YOU SHALL KNOW THEM BY THESE MANY THINGS.
WHILE AT. THE " FIFTH STOPPING PLACE," THE LIGHT SKINNED PEOPLE IN BIG WOUDEN
BOATS, KNOW AS THE FRENCH ARRIVED.
CONSEQUENTLY THE FRENCH WERE CALLED WEMITIGOOZHII
( WOODEN -BOAT PEOPLE" )
THOUGH THE FRENCH CROWN WAS INTERESTD IN COLONIALISM, AS FAR AS THE
ANISHINAABEG WERE CONCERNED, THE FRENCH APPEARED ONLY INTERESTED IN
COMMERCE AND TRADE THROUGH MERCANTILISM.
TOGETHER WITH THE FRENCH THE ANISHINAABEG FROMED TRADE ALLIANCES,
WHICH NOT ONLY EXTENDED FRENCH COLONIAL POWERS INTO THE HEART OF
NORTH AMERICA, BUT STRENGTHENED THE POLITICAL AND MILITARY MIGHT OF
THE ANISHINAABEG.
AFTER THE FRENCH CAME THE ZHAAGANAASH ("OFF SHORE ONES" ) OF GREAT
BRITIAN. BUT OUT OF THE ZHAAGANAASH CAME THE GICHI-MOOKOMAAN ( LE.
AMERICANS ).
FIFTH FIRE PROPHECY
IN THE TIME OF THE FIFTH FIRE... THERE WILL COME A TIME OF GREAT STRUGGLE
THAT WILL GRIP THE LIVES OF ALL NATIVE PROPLE .
AT THE WARING OF THIS FIRE THERE WILL COME AMONG THE PEOPLE ONE WHO
HOLDS A PROMISE OF GREAT JOY AND SALVATION.
IF THE PEOPLE ACCEPT THIS PROMISE OF A NEW WAY AND ABANDON THE OLD
TEACHINGS, THEN THE STRUGGLE OF THE FITTH FIRE WILL BE WITH THE PEOPLE
FOR MANY GENERATIONS.
THE PROMISE THAT COMES WILL PROVE TO BE A FALSE PROMISE ALL THOSE WHO
ACCEPT THIS PROMISE WILL CAUSE THE NEAR DESTRUCTION OF THE PEOPLE.
SIXTH FIRE PROPHECY
IN THE TIME OF THE SIXTH FIRE...IT WILL BE EVIDENT THAT THE PROMISE OF THE
FIRST FIRE CAME IN A FALSE WAY.
THOSE DECEIVED BY THIS PROMISE WILL TAKE THEIR CHILDREN AWAYS FROM
TEACHING OFTHE ELDERS, GRANDSON AND GRANDDAUGTHER WILL TURN
AGAINST THE ELDERS.
IN THIS WAY THE ELDERS WILL LOSE THIER REASON FOR LIVING!-THEY WILL LOSE
THEIR PURPOSE IN LIFE.
AT THIS TIME A NEW SICKNESS WILL COME AMONG THE PEOPLE. THE BALANCE
OF MANY PEOPLE WILL BE DISTURBED.
THE CUP OF LIFE WILL ALMOST BECOME THE CUP OF GRIEF.
SEVENTH FIRE PROPHECY
THE SEVENTH PROPHET THAT CAME TO THE PEOPLE LONG AGO. WAS SAID TO BE
DIFFERENT FROM THE OTHER PROPHETS.
THIS PROPHET WAS DESCRIBED AS " YOUNG AND HAD A STRANGE LIGHT IN HIS
EYES"..AND SAID;
IN THE TIME OF THE SEVENTH FIRE, NEW PEOPLE WILL EMERGE. THEY WILL RETRACE
THEIR STEPS TO FIND WHAT WAS LEFT BY THE TRAIL.
THEIR STEPS WILL TAKE THEM TO THE ELDERS WHO THEY WILL ASK TO GUIDE THEM
ON THEIR JOURNEY.
BUT MANY OF THE ELDERS WILL HAVE FALLEN ASLEEP. THEY WILL AWAKEN TO THIS
NEW TIME WITH NOTHING TO OFFER
SOME OF THE ELDERS WILL BE SILENT BECAUSE NO WILL ASK ANYTHING OF THEM.
IF THE NEW PEOPLE WILL REMAIN STRONG IN THEIR QUEST THE WATER DRUM OF
THE MIDEWIWIN LOGE WILL AGAIN SOUND ITS VOICE.
THERE WILL BE A REBIRTH OF THE ANISHINABE NATION AND A REKINDING OF FLAMES
THE SACRED FIRE WILL AGAIN BE LIT.
IT IS THIS TIME, THAT THE SKINNED RACE WILL BE GIVEN A CHOICE BETWEEN TWO
ROADS.
IF THEY CHOOSE THE RIGHT ROAD THEN THE SEVENTH FIRE WILL LIGHT THE EIGHTH
AND FINAL FIRE, AN ETERNAL FIRE OF PEACE,LOVE BROTHERHOOD AND SISTERHOOD.
IF THE SKINNED RACE MAKE THE WRONG CHOICE OF THE ROADS,THEN THE
DESTRUCTION WHICH THEY BROUGHT WITH THEM IN COME TO THIS COUNTRY
WILL COME BACK AT THEM...
AND CAUSE MUCH SUFFERING AND DEATH TO ALL THE EARTH"S PEOPLE.
EIGHTH FIRE PROPHECY
THE EIGHTH FIRE --IS A TERM ARISING FORM THE TEACHINGS OF THE SEVEN FIRES
PROPHECY.
THE TEACHING SUGGEST THAT IF ENOUGH PEOPLE "OF ALL COLORS AND FAITHS "--
TURN FROM MATERIALISM---
AND INSTEAD CHOOSE A PATH OF RESPECT WISDOM AND SPIRITUALITY---
ENVIRONMENTAL AND SOCIAL CATASTROPHE CAN BE AVOIDED.... AND AN ERA
OF SPIRITUAL ILLUMINATION WILL UNFOLD.
DELGAMUUKW V. BRITISH COL.
THOSE ANCIENT WANDERERS BELIEVED THAT THEY HAD THE RIGHT TO USE THE
LAND AS WELL AS A RESPONSIBILITY TO TAKE CARE OF IT. THIS ATTITUDE
PERSISTS TO THE PRESENT AMONG ABORIGINAL PEOPLE. DELGAMUUKW , A
CONTEMPORARY GITKSAN AND HEREDITARY CHIEF, SAID IN 1987 IN COURT ON
BEHAIF OF A MAJOR LAND CLAIMS:
EACH CHIEF HAS AN ANCESTOR WHO ENCOUNTERED AND ACKNOWLEDGED
THE LIFE OF THE LAND. FORM SUCH ENCOUNTERS COME POWER. THE LAND,
THE ANIMALS AND THE PEOPLE HAVE THE SPIRIT- THEY ALL MUST BE SHOWN
RESPECT. THAT IS BASIS OF OUR LAW.
WE RECEIVED THESE LANDS FROM THE GREAT SPIRIT AND WE MUST HOLD
THEM FOR HIM, AS A STEWARD. A CARETAKER, UNTIL HE RETURNS BY THESE
LAW OF DELGAMUUKW V BRITISH COL.
HEREDITARY CHIFE
OF THE
GRASS ROOT PEOPLE
WHETHER PROVINE COULD EXTINGUISH ABORIGINAL RIGTHS AFTER 1871, ON
APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
CONSTITUTIONAL LAW-ABORIGINAL RIGHTS
SPIRITUAL PEOPLE WERE THE TRUE WARRIORS THE SUNDANCE ARE THE
CARETAKER OF THE LAND BY THE SUNDANCE CHIEF AND THE HEREDITARY
CHIEF----YOU CANNOT OVERSTEP THE TRUE SPIRITUAL PEOPLE BY THESE
LAW CANOT BE OVER CONTRA BY THE PEOPLE. TRUE SPIRITUAL PEOPLE
AND HEREDITARY CHIEF AND SUNDANCE CHIEF AND HIS TRUE WARRIORS
WHERE THE CARETAKER OF THE LAND.
HEREDITARY CHIEF
AND
SPIRITUAL PEOPLE
OF THE
GRASS ROOT PEOPLE
HEREDITARY CHIEF AND SPIRITUAL PEOPLE HAVE TO WORK TOGETHER
ALL THREW OUT TURTLE ISLAND TO COME BACK TO A SOVEREIGN NATION
SIGEN
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