REVITALIZING INDIGENOUS LAW FOR LAND, AIR AND WATER St’át’imc Legal Traditions Report St’át’imc elders at a St’át’imc RELAW story workshop on August 4th, 2016 in T’ít’q’et. Clockwise from top left: Yvonne Scotchman, Linda Redan, Ida Mary Peter, Marie Barney, Doreen Copeland, Albert Joseph Revitalizing Indigenous Law for Land, Air and Water St’át’imc Legal Traditions Report This report on St’át’imc legal traditions related to land, resources and environmental decision-making was developed as part of the RELAW (Revitalizing Indigenous Law for Land, Air and Water) project, under the direction of the St’át’imc Chiefs Council (SCC). It was made possible through a Learning Partnership Agreement between the SCC and the West Coast Environmental Law Research Foundation (WCEL), a non-profit environmental law organization. RELAW is a project of WCEL, supported and advised by the University of Victoria Faculty of Law’s Indigenous Law Research Unit. St’át’imc RELAW Team Members: Lindsay Borrows (WCEL), Helen Copeland (SCC), Jessica Clogg (WCEL), Dean Billy (SCC) Acknowledgements: We express deep gratitude to the almost 300 Úcwalmicw (citizens of the St’át’imc Nation) who were involved in the St’át’imc RELAW Project over the course of one year from June 2016 to May 2017. People generously attended workshops, shared their insights into the stories and St’át’imc law, and gave input on how the project should be conducted. The St’át’imc RELAW project brought together people young and old, from all parts of the territory, to work towards a common cause. We especially thank the elders who shared their wisdom and knowledge with us. Transformers once walked and travelled by water through St’át’imc territory making the land habitable and good. We hope these materials provide Page 2 of 203 information about St’át’imc law so that the land and water can continue to be cared for in a good way. Traditions are for the living. As people see fit over time, this summary of St’át’imc legal principles could be discussed, changed, and supplemented in accordance with St’át’imc processes and procedures. The laws contained herein are meant to live and breathe in people, not simply exist on paper. Funding for the St’át’imc RELAW Project was generously provided by the Gordon and Betty Moore Foundation and the SCC. _______________________________________ This report was produced for educational purposes and to deepen understanding of St’át’imc law amongst all peoples. It is a contribution to the ongoing process of learning and revitalizing St’át’imc legal traditions and does not purport to be comprehensive or conclusive. The copyright of this report is held by the St’át’imc Chiefs Council in trust for all St’át’imc. The information contained herein is available for non- commercial use by any St’át’imc person. It may be cited for academic purposes. The St’át’imc Nation and the Elders and knowledge holders quoted herein maintain intellectual property rights in the oral histories and cultural information contained in this report, which are protected by international human rights law. This report may not be reproduced or copied in whole or in part for commercial use or profit except with their written permission. In particular, this report or any oral histories or cultural information shared in it may not be relied on by non-St’át’imc in any negotiation, or legal or administrative proceeding, without the prior, written permission from the St’át’imc Chiefs Council. _______________________________________ St’át’imc Chiefs Council West Coast Environmental Law P.O. Box 1420 200-2006 West 10th Ave. Lillooet, BC V0K 1V0 Vancouver, BC V6J 2B3 Tel: (250) 256-7523 Tel: (604) 684-7378 www.statimc.ca www.wcel.org Page 3 of 203 ST’ÁT’IMC TERRITORY Page 4 of 203 THE ST’ÁT’IMC NATION - INTRODUCTION We are St’át’imc. We speak St’át’imcets.1 Created by the Transformers, our home is situated at an intersection of deep gorges in the lee of the Northwest Coast Mountains now referred to as British Columbia. We have been placed here by the Creator to live and be stewards of this land. Our inherent responsibility is to live in mutual accord with all, to care for, protect and honor all living beings here. To us, this is ‘Nxekmenlhkálha’ (our ways/our laws). Since contact, our way of life has been altered forever. Within just a little over a century: our people have been devastated by disease; our land has been under constant threat of theft; we have been designated as being wards of the Canadian government; and our people were exiled to reserves. Forbidden through Canadian legislation to practice our beliefs and speak our language, we were stripped of the fundamentals of our culture. Racism and abuse became the norm for us, as generations of St’át’imc children were stolen and placed in residential schools (government sanctioned institutions) where being terrorized and abused was the standard. In sum, we have been the victims to a system of cultural genocide. The past century has been devastating and tragic, not only for us but other first peoples across Canada. The truth is told. However, this portion of history is not our future. We are survivors! We are the epitome of cultural strength and perseverance. The Canadian government has attempted to extinguish us (our title and rights), to sever our obligations to the land, the plants, the animals, the medicines and ties to one another. No more! We rise above in unity and embrace sovereignty and the right to self-determination. We embrace our inherent duties, responsibilities, philosophies, jurisdictions and authorities whole-heartedly. We will continue to embrace the unwritten systems of governance. Our Indigenous governance institutions and our cultural practices are integral parts that strengthen our relationship with nature, the environment and the ecosystems of our people. Even the practices of fishing, hunting, gathering and trading have a fundamental role that helps create the foundation of St’át’imc sovereignty and self- 1 Also referred to as Ucwalmícwts – the language of the people. Page 5 of 203 determination, by showing us that culture and biodiversity –the human and the natural world –are not separate. In fact, they are interdependent and constitute the reality of our world: A unified world, whose existence depends on the exercise of our self-determination. Therefore, we rectify the imbalance that has been created. Our first and foremost priority is to collectively embrace our culture and nurture our ties to one another and to the land. Our second priority is to collectively ensure continuity, exercising and asserting our title and rights. This will be accomplished through a unified vision of a St’át’imc government. Our model of government is based on indigenous accountability and St’át’imc law. According to Tom Mexsis Happynook, indigenous accountability “is being accountable to the universe, the earth, the lands, the waters, air and natural resources, both renewable and non-renewable.” Accountability is also “to our ancestors, histories, societies, cultures, spirituality, belief systems, customary life ways, communities, extended families and families.” Accountability means maintenance – as Indigenous peoples “we must maintain all that is important to us and be accountable to self-determination,” to ensure our voices are heard, our wishes are acknowledged and abided by as it relates to ourselves and this territory.2 Our strength is in our voice. Establishing and maintaining a strong St’át’imc government and revitalizing our laws will strengthen St’át’imc self- determination and provide certainty that the natural order of things is our inherent responsibility bestowed upon us by the Creator. With an established St’át’imc government, what occurs on our lands and in our territory will be at our discretion and under our protection and responsibility. Our Legal Tradition Before contact, the St’át’imc had a system of governance that was unwritten. Its foundation was based on our relationships with one another, our culture and our intrinsic connection to nature and Mother Earth. Our history and laws are written on the land and have been shared through oral tradition for generations. 2 Online at: http://www.turtleisland.org/news/news-happynook.htm. Page 6 of 203 Our stories are significant because they remind us where we came from and anchor us to the land, our culture, and to one another. They remind us of our spiritual and cultural connection to this territory. They embody our laws. For example, the Transformer stories tell of the time when the Transformers came through our territory to set things right and give the knowledge of how to live in the St’át’imc way. In this ancient time, the land and water were shaped by the Transformers to make them habitable for the St’át’imc. Other stories tell of our ancestors surviving a great flood on a raft lashed to Nsteks Mountain, and how they brought the animals and birds back to the land and water after the flood. These and other stories contain important legal principles that can assist the St’át’imc in responding to contemporary environmental challenges. The Declaration of the Lillooet Tribe is also an important and symbolic document in the history of relations between the St’át’imc and the governments of Canada and British Columbia. The Declaration was signed at a gathering in Spences Bridge on May 10, 1911 by seventeen St’át’imc chiefs on behalf of all St’át’imc people. Today the St’át’imc Chiefs Council (SCC) is entrusted to collectively ensure title and rights of the St’át’imc are never extinguished, and that territorial and cultural integrity are honored, respected and protected as stated in the Declaration.