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Grand Chief Ken Kyikavichik to the Standing Address by Gwich’in Tribal Council (GTC) Grand Chief Ken Kyikavichik to the Standing Senate Committee on Aboriginal Peoples – Pre-Study Bill C-15 – May 14, 2021 Drin Gwinzii (Good afternoon) Mr./Mme. Chair/Senators, My name is Ken Kyikavichik and I am the Grand Chief of the Gwich’in Tribal Council of the Northwest Territories. I was elected only last year, and I am here speaking on behalf of the over 3,500 participants to our Gwich’in Comprehensive Land Claim Agreement that we signed with Canada back in 1992. It is my honour to be here speaking with you with respect to this milestone legislation in Canada’s history. For us as Gwich’in, some of the core principles of the United Nations Declaration on the Rights of Indigenous Peoples or the UN Declaration for short include: • Recognition and Affirmation; • The principles of Free, Prior and Informed Consent or FPIC as it is more commonly known; • The Right to the Conservation and Protection of the Environment; and • Improvement of Economic and Social Conditions. Recognition and Affirmation On recognition and affirmation, I would be remiss if I did not acknowledge Treaty 11 in the Northwest Territories. On July 28, 1921, Treaty 11 was signed by my great-grandfather, Chief Johnny Kyikavichik who was a Headman at the time of signing along with other Teetl’it Gwich’in leadership such as Chief Julius Salu and Headmen Abraham Francis and Andrew Kunnizzi. The Gwich’in were also represented in the signing of Treaty 11 by the Gwichya Gwich’in leadership of Chief Paul Niditchie and Headman Fabien Coyen two days earlier on July 26, 1921. We acknowledge, as we approach the centennial of the signing of Treaty 11 which is an integral document between our respective Nations and forms the basis of our modern day treaty, Articles 4 and 37 are the basis for our relationship. Affirmation is an important part of the UN Declaration. The word appears 8 times in that document: to affirm, “that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind.” To affirm, “that indigenous peoples are equal to all other peoples, while recognising the right of all peoples to be different, to consider themselves different, and to respected as such.” To affirming, “that indigenous individuals are entitled without discrimination to all human rights recognized in international law.” These are important principles and it is right that Canada recognizes them in legislation. We are pleased that we continue our discussions with Canada and the Government of the Northwest Territories on the development of our Gwich’in Government. These talks have been ongoing for 24 years. It is our hope that in the years to come, we will be able to execute on the commitments made in Article 3 and Article 4 for our Gwich’in people of the Northwest Territories. 1 Free, Prior and Informed Consent (FPIC) Articles 19, 26 and 32 of the UN Declaration speak to the requirement for any developments within our Gwich’in Settlement Region of the Northwest Territories and Yukon, to be consulted and approved by our Gwich’in people and communities. To be clear, our expectation is that FPIC does not constitute a veto but rather shared decision-making on any developments in our area. As a major landowner in the Northwest Territories and Yukon of approximately 24,000 square kilometres, this is a critical aspect of the UN Declaration for the Gwich’in that is also supported by Canadian Case Law that has recognized the concepts of aboriginal title and inherent and treaty rights in Canada. It helps to protect our territory from any harmful or unwanted forms of development that would threaten the existence or sustenance of our people in the communities of Aklavik, Inuvik, Teetl’it Zheh (Fort McPherson) and Tsiigehtchic. The Right to Conservation and Protection of the Environment For us as Gwich’in - the protection of our lands, water, air and resources such as the Porcupine Caribou Herd are non-negotiable. Our efforts over the past 30 years to protect the birthing grounds of the Porcupine Caribou Herd in Alaska has been a galvanizing experience for us. We are not anti- development people, however there are some proposed developments that bear much too high of an environmental risk. Oil and gas development on the Coastal Plain of the Arctic National Wildlife Refuge in Alaska is one of these high-risk developments. We also recognize that this is an international transboundary issue for Canada and we have been pleased to see the resounding support of the Canadian Government and Financial Institutions in our efforts to protect this sacred area. Another transboundary issue for us is water. Rising water levels caused by climate change are resulting in concerning changes to our land and wildlife in our Settlement Region in the Northwest Territories and Yukon. Our efforts to Protect the vital Peel River Watershed in the Yukon and the need to protect the Mackenzie River Basin in the Northwest Territories will be supported by Article 29. My views are also informed by my background as an international natural resources executive working in the Canadian Arctic, Prairies and West Coast. I have seen firsthand how the Crown can vest its duty to consult in the hands of corporations without providing sufficient clarity for either the company or Indigenous communities to reach agreement on important, time sensitive matters. Improvement of Economic and Social Conditions Sadly, like many other First Nations and Inuit communities in Northern and remote regions, our Gwich’in communities suffer from critical infrastructure issues around housing, clean drinking water and access to acceptable building materials such as aggregate and lumber for our communities. Housing, for example, is the number one critical infrastructure issue in our communities closely followed by the lack of acceptable engineering and technical support to construct the homes and communities we require. It is our hope that Article 21 of the Declaration can provide a basis for the policies and more importantly the funding, of the Government of Canada to address these infrastructure needs in our communities. We are pleased to see the current focus on green energy and technologies by the Government of Canada. In the North, we are too dependent upon antiquated diesel power-generating systems. We look forward to working with your departments regarding their replacement. 2 Closing It is unfortunate that it has taken Canada almost 14 years to adopt what was developed by the United Nations in 2007 and is now universally recognized as the international standard for sovereign governments to follow. Perhaps this is a sign for the need to implement Articles 1 and 2 which speak to the enjoyment of all human rights and the freedom from discrimination for Indigenous peoples. I am ashamed to say that this country of Canada has a long way to go in removing discrimination of Indigenous peoples from its institutions – particularly in the areas of justice, child and family services, social assistance, corrections and economic development. Earlier this month we filed a Statement of Claim against the Department of Justice for their handling of the case of the late Edward (Eddie) Snowshoe, a 24-year old Gwich’in man who died in solitary confinement in the Edmonton Institution in Alberta in August 2010. For over 160 days, young Eddie was in self-isolation where he ultimately hanged himself despite repeated red flags that should have indicated to Corrections Staff that his suicide was imminent and his mental health was at risk. For this we are seeking an apology and compensation. He had almost finished serving his time for a poor decision committed in his youth to provide for his family. Eddie went from being a father figure to his brothers, following the untimely loss of his father, to a young man mentally damaged and eventually broken by his mistreatment and abandonment within the prison system. He was a fundamentally good person and strong candidate for rehabilitation but was ultimately failed by Correctional Services Canada. This is just one of the many examples through the multitudes of pandemics, the Canadian residential school system, the removal of our traditional ways of life by relocating our proud, independent people into municipal communities, have resulted in the loss in too many of our Gwich’in people while eroding our culture, economy, language and values. Senators, the UN Declaration is simply a document. Bill C-15’s approval would be a great step forward, and I thank the Government and Ministers for the legislation. However, success will be measured in its implementation. The real test of its sustainability will be the shift in approach and policy that is required by the Canadian Government. If we continue to see a bureaucracy that does not understand or comprehend the UN Declaration, then we will be no further ahead. The adoption of the UN Declaration must drive the legislative and administrative changes that are required to fix how governments in Canada approach Indigenous Nations. It is through the adoption of critical legislation such as the UN Declaration, that we can begin to right the wrongs of the past to not only to Eddie Snowshoe, not only to the Gwich’in but all Indigenous people across Canada. We expect more and deserve better. Through continuing to focus on recognition and affirmation, free, prior and informed consent, conservation and protection of the environment along with the improvement of economic and social conditions in our Gwich’in communities, we are hopeful that this will create the healthy and prosperous communities that we have always envisioned for our future generations.
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