HUL’QUMI’NUM TREATY GROUP TREATY TALK

SPECIAL POINTS OF VOLUME 14 ISSUE 3 FALL 2007 INTEREST:

Annual General Assembly Meeting

Halalt First Nation Water Report

Chief Negotiators Report on Indige- nous Declaration

Current State of Negotiations

INSIDE THIS ISSUE:

Current State 3 of Negotiations HTG Chief Negotiator Robert Morales speaking at October 15 Rally in Victoria

Mustimuhw 4 Hul’qumi’num Treaty Group Chief Negotiator Report Justice I want to extend the very best to recognizing the rights of In- As we stated in our press release you and your family. I am happy digenous Peoples release “We are disappointed Shared 5 to report to you that on Septem- The vote marks a historic day that Canada was one of four na- Decision Mak- ber 13, 2007 the United Nations for the world’s Indigenous Peo- tions who voted against the decla- ing General Assembly adopted the ples. This is the first time that ration,” said Robert Morales, a Indigenous Peoples have been spokesperson for the Unity Proto- Gulf Islands 6 Declaration on the Rights of In- National Park digenous Peoples. recognized as “Peoples” with- col group. out qualification in an interna- The HTG joins other indigenous tional legal document. “The declaration represents a Ancient River 7 peoples throughout the world to positive and significant step to- Villages celebrate the adoption but are The Declaration recognizes wards the reconciliation between expressing our frustration in Indigenous Peoples’ inherent the colonizing nations and the Canada’s vote. rights to self-determination, indigenous peoples.” History of 8 141 states (“countries”) voted in traditional lands, territories and Treaty Process support, 4 voted against and 11 natural resources, cultures and The Unity Protocol nations are abstained. sacred sites, means of subsis- gratified that many of the articles Halalt First 10 tence, languages, identities as in the declaration support the Nation The United States, Canada, Aus- well as their traditional life issues that we are raising with tralia and New Zealand voted ways and concepts of develop- Canada and British Columbia in against the adoption, stating that ment based on free, prior and the BC treaty negotiation process. in their view “goes too far” in informed consent, among oth- ers. (Continued on page 2.) PAGE 2 Chief Negotiator’s Report

(Continued from page 1.) indigenous groups before enacting new laws or administrative measures. “Several articles in the declaration are well-aligned with the mandate of Article 26 of the UN declaration states: the Unity Protocol. For example, "Indigenous peoples have the right to the Articles 3 and 4 speak to governance, lands, territories and resources which and support the concept that First they have traditionally owned, occupied Nations have a right to self- or otherwise used or acquired.” determination or self-government in matters relating to their internal McNee said the provision is "overly affairs,” added Morales. broad, unclear and capable of a wide Canada and variety of interpretations" that could BC are out of “The Declaration states that it pro- lead to the reopening of previously set- step with the vides full protection for the territo- tled land claims and existing treaties. other nations of rial integrity and political unity of the world by sovereign and independent States,” Indian Affairs Minister Chuck Strahl continuing to said Chief Robert Louie, Chair of said Canada opposed the declaration rely upon out- the Unity Protocol because it lacks clear guidance for imple- dated coloniz- group. “The Unity Protocol group mentation and conflicts with the existing ing attitudes to and the 300 million members of Canadian Charter of Rights and Free- support their other Indigenous Nations around the doms, which the government believes policies and world are seeking to undo colonial- already protects the rights of aboriginals. mandates they ism and exploitation, not by break- "I am sorry we can't sign on. "It's not are bringing to ing apart existing countries, but balanced, in our view, and inconsistent the BC treaty rather by working to build fair, with the Charter." negotiation equal and respectful partnerships.” These views expressed by Canada are indicative of the positions that are taken Despite Canada’s vote and the black at our treaty table. We have indicated mark on the country's international that this is unacceptable and that the reputation, the Unity Protocol group treaty must form the basis of a fair and continues to call on the governments respectful relationship. of Canada and British Columbia to engage in fair, honorable and good We will continue to work for change in faith negotiations through the estab- the government positions. We continue to lishment of a joint negotiating table. be committed to the Unity Protocol and we have filed a complaint with the The group is hoping for an end to United Nations Inter American Commis- poverty and for recognition of Abo- sion on Human Rights. riginal title. Canada and BC are out of step with the other nations of the This is in relation to the E&N Railway world by continuing to rely upon Grant and the position that government outdated colonizing attitudes to sup- has taken that private lands are not on port their policies and mandates they the table for negotiation, except on a will- are bringing to the BC treaty nego- ing seller willing buyer basis. I will re- tiation process. port on this more fully in our next news- letter. Canada's UN ambassador, John McNee, said Canada had Huy ch qu "significant concerns" over the dec- laration's wording on provisions ad- Robert Morales dressing lands and resources, as well Chief Negotiator as another article calling on states to Hul’qumi’num Treaty Group obtain prior informed consent with HTG Chief Negotiator Robert Morales Senior Negotiations Support PAGE 3

decisions of First Nations leaders in the ries in favour of fee-simple title to the sur- past 100 years. veyed parcels, transforming also their exist- ing reserve land to this fee-simple status. In many ways, this is a three way choice: settle Tsawwassen-type treaties Perhaps most significantly, they must le- Dr. Brian now, press governments to change the gally sign off on all of the historical rights, Thom mandates of their negotiators and offer claims and properties that may have not different kinds of deals, or withdraw been described between the covers of these Now is a critical moment: The from the treaty table and seek the best treaty agreements, giving ‘certainty’ to gov- State of BC Treaty negotiations alternative to a negotiated agreement. ernments that the courts will not look at other elements of First Nations cultures and in the history of land claims The Tsawwassen and Maa-nulth Final declare them as constitutionally protected Agreements offer a path to resolution rights. This is an important moment in time in of these issues. They provide the First the relationship between First Nations Nation a certain amount of cash, land These issues have been the backbone of the people and mainstream Canadian soci- and fish. concerns expressed by the members of the ety. Unity Protocol – a group of over 60 First They set out a system of governance Nations, also supported in principle by the After 13 years of negotiations in the BC outside the Indian Act, including much Union of BC Indian Chiefs-as being key Treaty Process, we are on the cusp of stronger provisions for the manage- barriers that need to be resolved. having two Final Agreements made into ment of and benefit from “treaty settle- law. ment lands” (Indian Reserves and new Though this process has considerable sup- Crown Lands acquired in treaty), and port from First Nations, Canada and British We have the provincial Liberal govern- on matters that are of a local nature. Columbia have to date made no serious ment having declared an era of New commitments to engaging high-level man- Relationships with First Nations people, They detail the long-term legal obliga- date dialogues at a unity table. and have been putting political and fis- tions and relationships between First cal resources behind this declaration. Nations and other levels of government Public outcry and support from the BC and will certainly fulfil their expecta- Treaty Commission may be critical ele- The powerful voice of the Supreme tions as being ‘final’ constitutional ments in spurring these Unity Protocol Court of Canada has time and again in agreements regarding rights and title. hopes into action. recent years held the Crown to a high standard of duty and honour, requiring However, the land base these agree- These debates around treaty negotiations government to develop significant and ments provide is much smaller than the often generate the criticism that talks are meaningful relationships with First Na- traditional territories of these First Na- moving too slow, making too little progress. tions, extending power and resources to tions communities. these frequently impoverished commu- Indeed, the HTG workplan is tooled around nities. The cash component, based largely on achieving medium and long-term desired a nation-wide formula of a one-time results of mandate change and a final agree- The federal government, seemingly inert payment of $35,000-$45,000 per per- ment, with attention to shorter-term results in the aboriginal policy forum since son, certainly does not fulfil any calcu- largely being done through the work of the shelving the 1996 Royal Commission lus of compensation for the loss of referrals and fisheries staff at HTG, and in report, has recently implemented signifi- these territories and resources. the implementing of the Parks and Archae- cant legislation to allow Indian Bands ology Branch agreements. greater economic development opportu- In exchange for these benefits, First nities on their reserves, more flexible Nations must give up their Indian Act One option some First Nations are consider- means of managing band assets, and in a tax exemptions (something that First ing is to put aside big-picture questions of sweeping move, have this week begun Nations with treaties in other areas of certainty and constitutional agreements in paying compensation to generation’s of Canada have not had to do). favour of more ‘practical’ government-to- victims of assimilation and abuse in government relationships. residential schools. They will face considerable uncertainty on the adequacy of the fiscal financing This would be a major re-focus of the effort Given these important developments, of their new governments (comparted towards achieving shorter-term goals. First Nations leaders across BC find to provincial, territorial or municipal Though there may indeed be plum opportu- themselves in very dynamic times. The governments). nities for First Nations to receive a number decisions they make in the near-term in of land, revenue sharing, or interim relation to their lands, resources and They must extinguish their traditional governance, may be as significant as any land holding systems over their territo- (Continued on page 4.) VOLUME 14 ISSUE 3 PAGE 4

(Continued from page 3.) Over the past 7 years, the HTG has forward, how to build the bridges plumbed the depths of the gaps be- and close the gaps. Now is a critical governance initiatives by working tween their aspirations and the gov- moment for HTG in the future of directly with the Province, there is ernments positions. Reflecting on these issues. no clear path back to the treaty table these recent deals being offered to from these talks, including no clear Tsawwassen on the mainland and indication that Canada is willing to Maa-nulth on the west coast Article Submitted by Dr. Brian consider them a part of ‘treaty ne- Thom: Senior Support Staff. gotiations’ at all. HTG’s leaders are faced with the critical decision of how to move

levels of courts which decide work to try to keep their youth from whether charges by the police are going down this road. justified and also resolve disputes amongst individuals. As such, the Hul’qumi’num Mustimuhw have expressed an inter- There are also administrative tribu- est in establishing their own such in- nals which adjudicate the legality stitutions which are based on the (and sometimes wisdom) of govern- unique needs and expectations of their mental decisions. These tribunals communities. act like courts overseeing govern- After Treaty Justice in the mental decisions and reviewing The Treaty Group wants to ensure Hul’qumi’num Mustimuhw Com- whether they are sound; they pro- these opportunities are available to the munity vide a means for citizens to ensure people after treaty, so we are in the the laws are beings adhered to. current stages or consultation, re- search and the development of treaty Justice is a very important topic for Courts and tribunals make judg- language which expresses it. To this people interested in self govern- ments that are intended to keep the end, we are hoping the community is ance. What I mean is that after peace and provide a sense of justice interested in sharing their thoughts treaty the Hul’qumi’num to the community. Finally, there and wishes. Mustimuhw may draft the most are correctional services which im- exciting series of laws that could plement court decisions and enforce I want to formally thank a few support a Hul’qumi’num commu- their sentences. They offer a spec- Hul’qumi’num people who have spe- nity instilling Hul’qumi’num values trum of correctional services across cial expertise in this area and have and beliefs. Canada anywhere from fine pro- made time available for our consulta- grams to prisons. tive team to discuss these issues with However, these exciting laws would them. Judge John Joe, Bill Rice, be of little consequence unless the Unfortunately, First Nations in this Ernie Elliott, and Cal Swustus have people were able to put them into country know the justice system all specialized knowledge and experience effect. Such implementation is too well; Aboriginal people are in these fields and have volunteered typically done through various gov- overrepresented in the courts and time to talk with us. Their time has ernance bodies such as the courts, correctional facilities to such a de- truly been invaluable. tribunals, policing agencies, or cor- gree as to be referred to as a rectional programs and facilities. ‘Canadian crisis.’ This is an incredibly interesting and important discussion for the The conventional way to enforce Thus, Aboriginal people across the Hul’qumi’num people to have. We laws is through a policing agency continent have taken steps to estab- look forward to receiving guidance like the RCMP or municipal police. lish alternatives to try to improve and feedback from you the this situation. Hul’qumi’num Mustimuhw. These bodies ensure that govern- mental laws are enforced within Some First Nations offer their own regions. police service, have their own crisis Article Submitted management programs or interven- by Renee Racette The next related process in BC is tion programs, their own correc- HTG Legal Council the courts; there are many different tional institutions and do prevention PAGE 5 Shared Decision Making Report

opportunities have not translated to emerging New Relationship agree- the Treaty table. ments between First Nations and the Province. This is not to say that we are sitting still, in fact we are leading the charge There is nothing to suggest that rati- to bring all the opportunities of the fying New Relationship and Treaty New Relationship to the Treaty table. Agreements are mutually exclusive. There may be the potential to use This includes Shared Decision- New Relationship agreements as a Making (SDM), which recognizes springboard to recognizing territorial First Nations right to make decisions jurisdiction in Treaty while securing Article Submitted by Jess concerning the use of the lands and interim tangible benefits for the com- Rogers Shared Decision Mak- resources in their territories – a right munities. ing Coordinator. that fits with the mandate given to us by the member Nations of retaining That being said, there are caveats to In June I updated you on the current connection with 100% of the terri- redirecting HTG energy into New government Treaty mandates that do tory. Relationship agreements. In order to not recognize First Nation jurisdic- produce the desired results HTG tion throughout traditional territo- The Shared Decision Making Team must develop a strategic plan to inte- ries and attempt to limit First Nation has been tasked with this project and grate New Relationship agreements decision-making authority to smaller has produced a number of important with overall treaty goals. This re- areas called ‘Treaty Settlement deliverables including the first draft quires a significant investment of re- Lands’. of an off-Treaty Settlement Land sources and staff time and that the chapter that incorporates SDM, and a member Nations have an understand- However, I am sure that many of you second draft of a ‘call to action’ paper ing of what New Relationship agree- have heard the media reports of for Governments to engage Treaty ments represent and what they can First Nations signing ‘New Relation- mandate change. and cannot achieve. ship’ agreements with the Province that provide recognition of territo- At the same time we have been work- Things to be considered and the com- rial jurisdiction. ing with the member Nations on cre- munities to be aware of: ating and implementing and an inter- (1) Agreements do not change the For example, agreements such as the nal SDM Body that incorporates the nature of Crown/First Nation rela- Hupacasath’s Reconciliation Proto- interests of all member Nations. This tionships col that provides $500,000 to support work includes creating operating (2) Economic compensation is not economic development in their tradi- principles and guidelines for the in- necessarily based on the economic tional territory, and the agreement ternal Shared Decision-Making Body, realities of the territory. with the ‘Namgis that will allow for and developing an overall structure (3) There are discrepancies between the collaborative management of for SDM that shows a clear articula- the agreements suggesting there may parks and protected areas within tion between First Nation decision- be different political will to achieve their traditional territory. makers and current government reconciliation in different areas of process. BC. Hearing these reports have probably (4) Control and/or protection over left many wondering why HTG com- Deciding the Best Future Direction territory is still more limited than munities have not benefited from First Nations generally desire, leaving these opportunities. There are, however, other options open the potential for governments to than relying on treaty chapters to liquidate Crown lands and resources The Current SDM Direction provide co-management available to not covered by the interim agree- First Nations. As part of my work as ments prior to treaty. These agreements have not gone un- SDM coordinator I have been analyz- noticed at HTG and they have cre- ing the out-of-treaty developments (Continued next page) ated much frustration as these that have come as a result of

TREATY TALK VOLUME 14 ISSUE 3 PAGE 6

(Article continued from page 5.) interim successes have been achieved However, it is important to remember through HTG in other areas of cooperative when hearing the news releases that in Conclusion planning such as the archeological branch their current form, New Relationship protocol, the Gulf Island National Parks agreements are short-term resource and The SDM team has been hard at Committee, the establishment of Qum’ul benefit sharing agreements that do not work leading groundbreaking Seafoods and a planning relationships with secure a place for First Nations in pro- Treaty policy work. Although nec- Islands Trust. vincial decision-making. essary and extremely important to realizing a Treaty that the commu- HTG can then move these models to the nities can support, it has not yielded treaty table and work with the Provincial and immediate gains to the communi- Federal government to implement a common Article by Jess Rogers ties. plan for shared decision-making which is Shared Decision Making Coordinator constitutionally protected and entrenched However it should be noted that within treaty.

Our committee meets twice a month for regu- The purpose of the project is to collect lar committee business, (internal and external information about their use and knowl- meetings. ) We also have special quarterly edge of the southern Gulf Islands to de- meetings to discuss environmental assess- termine why the islands are important to ments. Hul’qumi’num people. I’ve enjoyed lis- tening to all of the stories, information, At our last meeting we discussed: access to and histories. wood for cultural use in the Pacific Rim Na- tional Park and also the Gulf Islands National Another important issue we discussed at Gulf Islands National Park Park Reserve area; joint issues with our our meeting is the Cabbage Island repa- Reserve Committee Report southern neighbours of Sencot’en; a harvest triation. There are human remains left in By Lea Joe plan proposal; a traditional ecological knowl- the ground on Cabbage Island, and the edge proposal; and our oral history project other half of the same remains are in that is currently underway. storage at the Royal BC Museum. Uy skweyul! Hope everyone en- joyed their summer. School’s back Our west coast neighbours have proposed an We’ve submitted a letter of support to in session, fall is just around the access to wood for ceremonial use in the Pa- repatriate the remains, and also a letter to corner, and we’re ready to get back cific Rim National Park. While we have pro- our Sencot’en relatives to state our sup- to business! I’d like to provide a tocols that must be met prior to removing the port as our Committee is very much in- brief update about our committee. wood, it is still a great opportunity for carv- terested in putting this to a closure. As you may recall, the following ers, canoe builders, or other First Nations members are a part of the commit- people that require wood. While we have evolving projects and tee: issues on the table, we continue to ad- Chemainus ~ George Harris In addition to the Pacific Rim, our very own dress regular issues and topics, such as: Gulf Islands National Park Reserve (GINPR) rights to hunting and resource harvesting Cowichan ~ Norbert Sylvester has very recently proposed the same access to on the Gulf Islands; continuing to review wood for ceremonial use. Again, certain crite- information about First Nations people in Lyackson ~ Veronica Kauwell ria must be met, such as removal of the wood the Parks’ visitor guide, information at the cost of First Nations people, and con- booths, kiosks, and other interpretive Lake Cowichan ~ Cyril Living- ducting an environmental assessment first. If material; voicing our opinion, input, and stone you require more information, contact your concerns with regard to environmental local representative or myself, Lea Joe at assessments (i.e. anything that affects the ~ Robert Sam HTG, or John Marczyk at GINPR. surrounding environment, such as the creation of a campsite or dingy dock); Halalt ~ Ben Norris The oral history project, also known as Cul- and the CURA multilingual field guide. tural Research Project, includes interviews HTG ~ Brian Thom with various elders and resource harvesters that have experience and knowledge of the Article submitted by Lea Joe HTG Elders’ Representative ~ Gulf Islands. We’ve interviewed eight people Negotiations Project Assistant August Sylvester so far. PAGE 7 Ancient Villages on the Cowichan River

The Hul’qumi’num native people who Alexis Louie, Alfred Louie, Abraham (Chemainus) and another in Kulleet Bay reside on the Southeast side of Vancouver Joe, Chris Paul, David Peters, Agnes with the name Shts’um’inus. These two Island share many common connections Thorne and Hilda Wilson. These villages were occupied by the same ex- though marriage, language and cultural highly respected elders shared a wealth tended families. The Cowichan village practices. . There are many different ver- of knowledge relating to the ancient was said to be the original village, whose sions of the ancestor legends of our people villages once located along the residents moved to Kulleet Bay perma- which have been recorded by such authors Cowichan River. nently. It is interesting to note that James as Diamond Jenness Franz Boas, Edward Douglas, Franz Boas, Hill-Tout and Ed- Curtis, E.B. Norcross, Sgt. J. Humphreys, There was formerly a permanent winter ward Curtis all recorded the term & Beryl Cryer. village near the present day govern- Shts’um’inus for the Cowichan River ment wharf at Cowichan Bay which village of Shts’um’inus. The version that is shared by Edward Cur- was called Tth’itth’xwnqsun. This vil- tis says that Stutsun was the first man to lage apparently extended about one The village formerly located near the drop out of the sky at Sxwunum, an open kilometer north along Cowichan Bay. Village Green Inn in Duncan, Xulelthw swampy place at the foot of Mount The residents of this Cowichan Bay (Halalt) had at least seven houses in the Prevost, in his right hand was a spear, in village moved to Cayetano Point on historic period. The residents of the vil- his left a rattle. Valdes Island several hundred years lage moved to a village at the north end ago, taking their village name with of Willy’s Island, taking the name of the Then Siyalutsu fell down in the same them Cowichan River village with them. Ap- place. He had bow and arrows, a net for parently the houses at Xulelthwwere on catching deer and a rattle. Siyalutsu and There formerly was a village contain- both sides of the Cowichan River, almost Stutsun, who were brothers, moved down ing at least four large houses about exactly where the Island Highway Cowichan River and founded the village fifty meters north of Lhumlhumuluts’ crosses the river with twin bridges. of Xulelthw. Afterward people from this on the west bank of the Cowichan settlement moved to Chemainus Bay and River middle arm. Virago Race Point Village on Galiano their descendants are called Xulelthw Island, Xixnupsumand the Cowichan Bay (Halalt). It is apparent that the people from the Green Pont Village named Xinupsum at Cowichan River village moved to Val- one time were both occupied by the same David Rozen published his Masters Thesis des Island and joined others already extended families. in 1984 called Place Names of the living at Shingle Point. This village Hul’qumi’num People. For his thesis he was called T’eet’qe’. Across the river To learn more about this topic please interviewed many local elders such as Gus was another village called Kwthathinus read David Rozen’s thesis titled, Place Campbell, Michael David, Arnold Guerin, names of the Hul’qumi’num People. Rose James, Abel D. Joe, Arthur Joe, There was formerly a village at the mouth of the south arm of the Article submitted by Joey Caro. PAGE 8 The Past in the future of Treaty Negotiations

A Short History of How Vancouver spected. In some areas, sections of a This title is a property right in Island First Nations Came to be in territory are held jointly by two or more land. It is based in part on the neighbouring groups. British common-law tradition the BC Treaty Process of recognizing the property Brian Thom, Senior Negotiations Support . In other areas within the territory the rights of the long-term users individual properties of an individual, and occupiers of the land, and In considering how First Nations came to an extended family or a village are rec- in part on local aboriginal le- be at this point of critical decision-making ognized. Sharing the wealth – being gal systems. It was at this mo- regarding the futures of the rights and title hosts whose ethic is to never let guests ment in 1846 – only 161 years of their communities, it is useful to have an leave hungry – is a prevalent moral ago – that aboriginal title and understanding of the broad strokes of his- ethos in these communities. Crown title came to rest and tory, putting into context why land, govern- coexist simultaneously upon ance and natural resources are critical ele- When Europeans first sailed by in the this land. ments in the BC Treaty Process. 1790s, they had little understanding of the cultures and practices of the people British law, following the di- In the mid-18th century, there were tens of who were their hosts. They enjoyed the rective of the Royal Proclama- thousands of First Nations people living in fresh foods and brisk trade in fur and tion of 1763, also insisted that large, permanent villages all across Van- fish for export to their overseas inter- Crown title be made complete couver Island and the Gulf Islands. In this ests. At the moment when Captain Van- by compensating aboriginal dense inhabitation of the rich Island envi- couver first entered into relations with communities for their aborigi- ronments, several languages were spoken: his hosts, the English common law con- nal title. Though Governor Kwak’wala in the north, Nuu-chah-nulth cept of aboriginal rights (the special James Douglas did succeed in and Nitnat in the west, and four Coast Sal- rights of the first people of a land) crys- negotiating 14 treaties with ish languages along the south east coast tallized, protecting the unique cultures, several First Nations in and (Island Comox, Pentlatch, Hul’qumi’num’, practices and traditions from the poten- around Victoria, Nanaimo and and Straits Salish). tially very unequal power of the colonial Fort Rupert, his efforts were

state. thwarted by a limited political The speakers of each distinct language will in London to carry on lived in villages closely connected to As the fur and fish trade went on over talks through the rest of the neighbouring communities through impor- the next 50 years, Europeans and Island and the Mainland. tant extended family ties and practised American nations debated who would each region’s distinctive cultural traditions. become sovereign over this land, settling finally in 1846, when the British Crown Throughout these aboriginal Island com- finally established their dominion over (Continued on next page.) munities, while the broad strokes of culture Vancouver were similar – such as the importance of Island. At salmon and beach foods – the political and this moment economic institution of potlatching- there in history, were also unique local traditions in the another abo- symbolic and social lives of masks, songs, riginal right – stories and teachings. These people – the aboriginal ancestors of the leaders who have come to title – was speak with us to day – shared an under- distilled at standing of their territories and laws, common-law. which profoundly shaped the social world in which they lived.

On , aboriginal territo- ries are large areas, often located in water- sheds and island-sheds, where the laws of the communities who used and occupied them are recognized and generally re- Aboriginal Neighbors Gathering September 22 Duncan Christian Re- formed Church: Dr. Brian Thom, Robert Morales, Chief Jack Thompson TREATY TALK Celeste Haldane, Dan Smith & Rod Naknakim VOLUME 14 ISSUE 3 PAGE 9

(Continued from page 8) They were tiny outcrops – even by the The land policies and the Indian Act standards of other Indian Reserves set worked not only to displace First Nations By the gold rush of 1858 – a critical aside in Canada and the US – splin- people from their territories to their Re- moment in BC history when 30,000 tered away while hunting ranges, clam serves, but also attempted to unseat tradi- American miners swept across the bor- gardens, camas fields, sacred sites and tional First Nations leaders from their der – political priorities changed and the ancestral places became the settled power base. In 1920, the Indian Act was effort to resolve the aboriginal title in- farms, towns and forestry operations of amended to allow Indian agents to ban terests of First Nation’s transformed into the newcomer society. hereditary rule of Bands, and until 1951, priorities of inscribing Indian Reserves First Nations women were not allowed to onto the new cartography of BC so that During this time, settlement continued vote in band elections. settlement of these new immigrants to expand, particularly in the south and could be facilitated as rapidly as the central Island where coal mining, for- In spite of this history, these significant colonial government could grant the estry, fishing and farming all attracted elements of traditional aboriginal govern- land. settlers who pre-empted land, obtaining ments persisted, and their use and occu- a grant of fee-simple title in these pancy of territories, though thwarted, has Small disputes erupted all over the Is- populated areas. been maintained. First Nations leaders land between the aboriginal hosts and have been active throughout this time, their guests who, to paraphrase the folk One grant, however, dwarfed all others lobbying, protesting, and petitioning for etymology of xwunitum (the Halkome- in its size and impact – the 1884 E&N the recognition of their rights and title. lem word for ‘white man’), were always Railway Grant. In exchange for build- hungry, insatiable in their appetite for ing the railway from Victoria to Court- By the 1960s First Nations leaders began land and resources. ney, James Dunsmuir was given fee- pressing the courts for recognition of their simple title to the entire southeast coast rights and ancestral territories. By the Gunboats were called to shell villages of Vancouver Island, a strip 20 miles mid-70s, the federal government had re- like Lamalchi Bay on Kuper Island, wide and 100 miles long, where there sponded to critical court decisions, estab- aboriginal resistors were arrested and weren’t already farms, towns or Indian lished various processes and policies to occasionally publicly hung. Fences Reserves. attempt to hear and resolve the disputes were erected and the familiar trappings which had mounted over the past 150 of Victorian racism and romanticism No consideration or compensation was years. frequently typified interpersonal rela- ever provided – or even seriously con- tionships. Meanwhile, wave after wave sidered – for the newly alienated terri- By 1992 even the province of British Co- of virgin soil diseases (smallpox, influ- tories of the First Nations people who lumbia, long having denied even the barest enza, TB) thinned many of the once owned the area since time immemorial. existence of aboriginal title, agreed to sit large, dense villages. More benevolent The impact of the grant would be felt at the table and negotiate. The Nisga’a colonization went hand-in-hand with for the next 125 years, as logging, min- negotiations – protracted over 25 years – these more overt power relations. ing and urban settlement continued on resulted in a Final Agreement in 2000. these private lands, virtually without Today, we see two more agreements on Catholic and Methodist churches mis- government involvement or interven- the cusp of being made into law. sionized and encouraged ‘civilization’ tion, and almost no First Nations input. into a more European way of life. Soon However one views the pros and cons of supported by government policy and In 1871, the Indian Act became the these new Final Agreements, it is clear finances, these efforts culminated in other very significant government deci- that they are a major turning point in the residential schools which became some sion which shaped the relationship history of reconciliation of aboriginal title of the most colonizing institutions in between First Nations people and Can- and rights with the powers and authorities history. ada for the next century. of the Canadian state. First Nations lead- ers considering the future of these commu- Through the 1870s, 80s and 90s, gov- By 1885 it had been amended to ban nities must carefully consider how to bal- ernments continued their survey work in the potlatch and winter ceremonials. ance justice and reconciliation, how to British Columbia, setting aside village By 1927 it had also been amended to maintain and protect their cultural distinct- sites, cemeteries, and fishing stations as ban First Nations from hiring legal iveness, how to become socially and eco- Indian Reserves. councils to challenge governments on nomically prosperous in the 21st century aboriginal land ownership issues. Gov- and beyond. Looking from the view of These small, specific plots of land were ernance by chiefs and councils under history, these decisions will truly shape not the territories held by the First Na- the Indian Act was never recognized as the future of the place of First Nations tions. extended throughout territories, only to people within the country of Canada. Indian Reserves. Article Submitted by Dr. Brian Thom. PAGE 10 Halalt First Nation

An Important Message from the from the aquifer would affect the river where we have Halalt First Nation Chief James Thomas been working for the past 20 years to reintroduce salmon stocks. I would like to speak to you today about something that affects every living thing on this earth. Most of you have Our entire community became involved when we cre- some of it sitting on the table in front of you. It is the most ated a document for the EAO detailing our historical use valuable commodity in the world. Gold and diamonds of what is called Grandpa’s River. have little value when compared to water. We have filed many documents with the EAO, but fi- For the past several years, water has been heavy on the nally decided that words-on-paper wasn’t getting our minds of my people. We have watched an illness caused message across. So, on September 14, we invited all our by development and logging seriously harm the Che- neighbours to Honor Our River Day. mainus River that flows through our lands. Even in my lifetime, I have seen the fish disappear from this river and What a great day that was. We had busloads of children the rich plant and animal life also disappear. from all the area schools and visitors from as far away as Victoria and Saltspring Island coming to learn about Last month we hauled almost 1,000 truckloads of gravel Our River. We had biologists talking about the life cycle from the river, more evidence of increased run-off from of the salmon and my own sister took hundreds of peo- logging activities. ple on walks along the river to talk about plants.

I’m sure many of the things we are seeing are familiar to We had a big board for people to sign a Pledge to Our all of you as you watch the lakes and streams in your ter- River calling for stewardship and understanding of the ritories suffer from similar illnesses caused by humans. river and also demanding a comprehensive watershed management plan before any further development goes But the ill health of the Chemainus River is special for ahead. Even the Mayor of North Cowichan signed that two reasons. First of all, it is Our River, and secondly, the pledge. latest threat has come from someone easily identified-our neighbours-in the municipality of North Cowichan. Everyone learned a lot that day. Young and old people learned many things about a river they once took for Five years ago, North Cowichan got some money from the granted. federal government and started a project to drill wells into the Chemainus River aquifer: the same place where And I learned a lot too. The big thing that I learned was Halalt gets its water. They wanted to pump millions of about the power of educating people and how hungry liters of water from the wells in order to supply the grow- everyone is to learn more about the environment and ing town of Chemainus. how the things people do every day affects the earth.

It has been a David and Goliath type of struggle for us. I also learned about bridge building. I learned how easy North Cowichan has its own engineers and a long list of it is to build bridges with our neighbours. But what consultants. We’ve been forced to battle with the few re- really surprised me was how we have been able to edu- sources we have, but we’ve successfully held up the pro- cate North Cowichan. For the Mayor-our opposition-to ject in BC’s Environmental Assessment Office because of sign our Pledge calling for a watershed management the strength of our arguments. plan shows that sometimes you can teach old dog’s new tricks. Of course, our main argument is that our water rights flow from Halalt’s traditional territorial rights, which we So there are bridges being built and I hope the next time think also includes the right to govern water. But engi- you hear about the Chemainus River, you will be hear- neers and consultants don’t understand this kind of lan- ing that the plan to pump water out of our aquifer has guage. been set aside until we all know more about the river, the aquifer and the watershed. So, we hired our own hydro geologist and biologists and other water experts who showed how pumping water Huy’ch’qa

TREATY TALK VOLUME 14 ISSUE 3 PAGE 11

Hul'qumi'num Treaty Group Annual General Assembly

DATE: WEDNESDAY, NOVEMBER 7, 2007 TIME: 5PM DINNER—6PM MEETING PLACE: CHEMAINUS LEGION HALL

If you require transportation: Bus Schedule—Duncan & Ladysmith Stu’ate Lelum Bus (C.F.N. School Buses) DEPART Duncan DEPART Ladysmith (C.F.N. Route)

Somena Big House Bus Stop ------4:05 Corner Kulleet Bay Rd & Deer Pt. Rd ------4:00 Boys Rd.- Serious Coffee ------4:10 Kulleet Bay Rd. & Seymour Rd. ------4:05 Big House ------4:25 Church Rd – Shaker Church ------4:10 Chesterfield Rd. - Makola Housing ------4:35 Tideview Rd & Sulksun Rd. ------4:15 Halalt Band Office ------4:45 Tideview Rd. & Eagle Crescent Rd.------4:15 Tussie Rd – Camelot Café ------4:55 Tideview Rd & Riptide Rd ------4:20 No# 11 ------5:00 CFN Community Centre ------4:25 Arrive at the Legion ------5:05 Husky Station ------4:35 Arrive at the Legion ------5:00

RETURN —Bus to leave Chemainus Legion at 8pm for return trip to Ladysmith & Duncan.

Ferry Tickets Available for Kuper Island Members

Audited Financial Statements available on our website or by request.

FOR MORE INFORMATION CONTACT Toll Free: 1 888 9TREATY Fax: 250-245-4668 APRIL MILLER AT E-mail: [email protected] 250-245-4660 www.hulquminum.bc.ca Publications Mail Agreement #41338543 Return undeliverable mail to: Hul’qumi’num Treaty Group RR#1 12611B Trans Canada Highway Ladysmith, B.C. V9G 1M5

WANTED

Information leading to the whereabouts of all Hul’qumi’num Treaty Group members.

Member nations include: Chemainus, Cowichan, Halalt, Lake Cowichan, Lyackson & Penelakut

If you are a member of one of these nations we’re looking for you. We need your contact information

so we can include your input and keep you informed of treaty negotiations.

Please forward your: Name, Address, Telephone Number, Email Address & Band Affiliation to

April Miller at the Hul’qumi’num Treaty Group

12611B Trans Canada Highway

Ladysmith, BC, V9G 1M5

Telephone: (250) 245-4660

Toll Free Telephone: 1-888-987-3289

Fax: (250) 245-4668

Or fill out the form on our website:www.hulquminum.bc.ca

Email: [email protected]