guess who? - Kitsumkalum Treaty
Transcription
guess who? - Kitsumkalum Treaty
FREE FREE PLEASE PLEASE TAKE TAKE ONE! ONE! AIP SPECIAL EDITION & APPRECIATION ISSUE | PART 1 GUESS WHO? Can you guess who this is? Fill out the ballot with the correct answer. You can also email your answer to communications@kitsumkalum.bc.ca, drop a ballot at the treaty office or enter by phone. All ballots with the correct answer will be entered for a draw to win a prize. Winner will be announced in the next issue of the Treaty Times. ISSUE NO 2 5 JULY/AUG 2015 Didn’t receive any treaty information? Treaty Times is published by the Kitsumkalum Treaty Office and distributed to individuals on our contact list. Contact us if you would like to be added to our contact list. CONTACT US AT t: 250.635.1718 or toll free 1.888.635.1718 PO Box 544 Terrace BC V8G 4B5 kalum.treaty@kitsumkalum.bc.ca www.kitsumkalumtreaty.com follow us on facebook www.facebook.com/Kitsumkalumtreaty Treaty Trivia Ballot Form | Submit this ballot to the treaty once or email your answer to communications@kitsumkalum.bc.ca. Question: Who is this? Answer: Submission: (Entrant’s First & last name) Phone Number: One entry per person. Winner will be drawn at the end of October and contacted by phone or email. I NS I DE Constitution Update TFN Communications Working Group Meeting in Prince Rupert The Terrace & District Chamber of Commerce’s 22nd Annual Business Expo BC Treaty Commission Modern Treaty Self Governance Forum Timeline LETTER FROM THE EDITOR KITSUMKALUM TREATY OFFICE MEETINGS MAY 20, 2015 Constitution Community Meeting with Discussion Topic on Membership – Kitsumkalum Hall at 5 p.m. (Completed – thank you for attending) TFN MAINTABLE June 23-25, 2015 – Victoria Dear Kitsumkalum members, On August 4th, 2015, we commemorate a historic day for the Kitsumkalum people. On that day we celebrate our people and the future of this community with the approval signing of our Agreement in Principle. We have long awaited this day since our community voted ‘Yes’ to the AIP on January 22, 2013. We have patiently waited for over 2 years and will now celebrate the approval signing by the Provincial and Federal governments. This is a success to our people, our community and the future of all Kitsumkalum generations. What does this signing signify? It means that both the province of British Columbia and the Federal government have accepted our northern boundary lines regardless of Gitksan overlap. It means that two parcels of Crown Land have been immediately transferred over to Kitsumkalum and our Treaty Settlement Lands and Resources will be protected through Final Negotiations. Kitsumkalum is now one step closer to self-governance. With the release of this issue, we would like to thank everyone for your support, participation and involvement in the Treaty process. “ “ Sincerely, Alex Bolton Kitsumkalum is now one step closer to self-governance. Guess Who’s a Winner Who: Joan Cooley Winning guess: Sam Lockerby Prize: Kalum Prize Pack TFN MAINTABLE August 25-27, 2015 – Terrace SEPTEMBER 16,2015 Land use Plan Community Meeting – Kitsumkalum Hall starting at 5pm TFN MAINTABLE September 29, 2015 to October 30, 2015 – Victoria OCTOBER 21, 2015 Governance Action Plan Community Meeting – Kitsumkalum Hall starting at 5pm TFN MAINTABLE October 27-29, 2015 – Vancouver NOVEMBER 18, 2015 Land use Plan Community Meeting – Kitsumkalum Hall starting at 5pm TFN MAINTABLE November 24-26, 2015 – Terrace Dear Kitsumkalum Community Member, EDITORIAL TEAM Kitsumkalum Communications Team Photo & Editorial Team: Allan Bolton, Julie Nyce, Jenniefer Bolton and Lynn Bolton Contributor: Nikita Marketing Communications Nikita Marketing Communications www.nikitamarketing.com JULY | AUGUST 2015 Sincerely, Kitsumkalum Community Member TFN MAINTABLE December 8-9, 2015 – Victoria Layout, Graphic Design, Production, Content: 1 // Dear Editor, Will we be surrendering our Aboriginal Rights and Title to 95% of our traditional territory through a Treaty? No, this is a common misunderstanding. Based on what Supreme Court of Canada has said in both the Delgamuukw and Tsilhqot’in decisions, Aboriginal Title is a unique kind of Aboriginal right, one that amounts to exclusive ownership of the lands. All other Aboriginal rights include the right to use the land for various activities, such as the right to hung or fish, but do not include the right to exclude others. First Nations have Aboriginal rights throughout their traditional territory, but they only have Aboriginal title on some percentage of it. Similarly in a treaty, a First Nation will legally own a percentage of its traditional territory and be able to exclude others from some of those lands if it chooses to do so. The First Nation will also continue to have rights, including the right to hunt and fish throughout the entire territory. Sincerely, Communications Team CONSTITUTION UPDATE Kitsumkalum members gathered at the hall for another Constitution community meeting, the subject was on Membership. It was another good turnout and the break out group work- much better at getting the important feedback we want from our members. We will be doing a mail out for the off reserve members to get them up to speed and to get their important input also. So please watch your mailboxes and please let us know your opinions. You can contact us anytime time at 1-888-6351718, or kkcommteam@gmail.com. Our website for pdf’s of presentations and other information is www. kitsumkalumtreaty.com or the Kitsumkalum First Nations website is www.kitsumkalum.bc.ca. There is an email newsletter you can also sign up for to keep up to date with Kitsumkalum. Please feel free to contact us, or just browse the websites. Kitsumkalum’s — Treaty Times // 2 TFN COMMUNICATIONS WORKING GROUP MEETING IN PRINCE RUPERT COMMUNITY EVENTS MAY 22, 2015 Kitsumkalum Treaty Office Appreciation BBQ starting at noon (Completed – thank you for attending) BC TREATY COMMISSION MODERN TREATY SELF GOVERNANCE FORUM JUNE 5, 2015 Kitsumkalum Heath Fair Kitsumkalum Hall from 10 a.m. to 2 p.m. (Completed – thank you for attending) JUNE 28, 2015 Salmon Run at 10 a.m On May 24th there was a Tsimshian First Nation Communication Working Group meeting held in Prince Rupert. The Communications teams from Kitselas, Metlakatla and Kitsumkalum were in attendance and together we reviewed each nation’s progress in the treaty process. Shared our different experiences in the communications department, and learned new tools to bring back to our communities. It was a 2 day meeting, and on the 2nd day we discussed the impact of the aboriginal title case that has been in the news. Overall it was a great networking workshop to get more acquainted with each other, and we are excited for the future meetings, it’s always nice to work with our sister villages. On March 10-12th 2015 BC Treaty Commission held a 3 day forum in Vancouver. THE TERRACE & DISTRICT CHAMBER OF COMMERCE’S 22ND ANNUAL BUSINESS EXPO On April 17th & 18th, Kitsumkalum was once again part of the Terrace & District Business Expo. 3 // JULY | AUGUST 2015 On April 17th & 18th, Kitsumkalum was once again part of the Terrace & District Business Expo. This year’s expo was an excellent two-day event. Filled with lots of booths and great people and food. Kitsumkalum extended their display to include 3 booths this year. A few new banners were made and looked amazing. It was a great way to show our vast lands and resources. Over this two-day event Kitsumkalum staff from all departments sat at the booth and answered questions, handed out Kitsumkalum items, books and pamphlets. The House of Sim-oi-ghets, Fisheries department and Treaty office all donated items for the door prize. Participants took a guess to the weight of a rock to win the door prize. Kitsumkalum also won “Best Cultural Booth” Kitsumkalum’s Jenniefer Bolton, Heather Bohn and Julie Nyce were able to attend. Gerald Wesley was a presenter. Kitselas’ reps were also in attendance. (see picture of group) The topic was on Modern Treaty Self Governance as well as First Nations Overlapping & Shared territories. Angela Wesley was the facilitator. (see picture) The first two days consisted of presenters from all over. Topics discussed would include: successes, downfalls, and implementation challenges. Break out groups were formed to discuss Challenges faced in today’s treaty process: (see picture full house) »» Self Governance »» Law Making & Enforcement »» Getting ready for Effective Date »» Capacity & Economic Development »» Relationship Building with Stake Holders »» Plans to implement Self Government »» Policy Capacity Development »» Measuring Process and Success The third and final day topic to be discussed was on First Nation’s Overlapping and Shared Territories. Opening presentations were made by 3 local First Nations, Tsleil-Waututh, Musqueam and Squamish. They spoke on their recent Protocal Agreement. Next Homalco and Tla’amin spoke on their shared territory agreement. Followed by Nisga’a and Tsimshian reps Ed Wright and Gerald Wesley presented on our Memorandum of Understanding with was signed in 1996. Leonard George also spoke on his Nations trials and errors. Closing remarks were made by 3 former Chief Commissioners – Steven Point, Sophie Pierre and Miles Richardson. They discussed Overlaps, Shared Territories and How to move forward. Followed by a question and answer period. (see pictures) We would like to Thank the BC Treaty Commission for hosting a Great forum. It was a pleasure to attend to hear all the experience and challenges other First Nations encountered on their journey’s. TSIMSHIAN FIRST NATIONS TREATY SOCIETY JOINS KITSUMKALUM COMMUNITY IN CELEBRATION OF FORMAL SIGNING OF AGREEMENT-IN-PRINCIPLE The Tsimshian First Nations Treaty Society joins the community of Kitsumkalum in its celebration of the formal signing of the Agreement-inPrinciple approved through a community vote April 10th 2013. While the formality of signing has taken longer than anticipated, the Parties have continued negotiation requirements on many different issues over the past two years. Including establishment of a process to address fish and marine matters, which is especially significant as it had been off the table for a number of years and both communities ratified their AIPs without a fish chapter. Kitselas and Kitsumkalum have made it clear there is “NO Final Agreement” without provisions for fish. The Tsimshian people have long worked toward resolving land claims for generations and it is important to remember this process evolved out of the insistence of our people and has not been imposed on us by the Crown. The central goal of treaty negotiations is the ability to look after ourselves and this goal continues to drive us forward as it did 20 years ago when we undertook this process. With the signing of the Agreements-inPrinciple we will be working to conclude a Final Agreement within the next two years. Once a Final Agreement is complete a majority of Kitsumkalum eligible voters will need to approve it through another ratification vote. Our long journey continues but now we can see the end in our sights. After hundreds of years of asserting our sovereignty, we are preparing for the next generation of Tsimshian children to enjoy the benefits our ancestors fought for: land, selfgovernment, access to resources, recognition of our members and a continuation of our cultural well being. – Gerald Wesley (Chief Negotiator TFN Treaty Society) Kitsumkalum’s — Treaty Times // 4 TIMELINE 1579: First Contact with the whiteman on the North Coast. 1763: Royal Proclamation states that the Crown recognizes the Aboriginal People and acknowledges that they continue to possess traditional territories until they are “Ceded to or purchased” by the Crown. 1931: The native Brotherhood of BC is born to keep the land question discussions alive. 1968: The Nisgaa take their land question to court. The Calder case. 1969: The Union of BC Indian Chiefs was born to proceed with a land claim on behalf of BC Indians. The Supreme Court rules that the Nisgaa held aboriginal Title before contact, but stalemated on the continued existence of their title. 1986: The Court of Appeal rules that Aboriginal Rights to fish for food continues to exist in the province. The Sparrow Case 1986: The federal government grants Sechelt title to lands in traditional territory and provides for self-government through legislation. 1987: BC Government Native Affairs Secretariat is born. 1988: The Tsimshian Tribal Council is born to negotiate the Tsimshian land claim with the federal government. 1990: The Supreme Court of Canada rules that Aboriginal Rights cannot be extinguished without a clear and plain Intent. 1990: The province of BC agrees to join the First Nations and Canada in negotiations and enters negotiations between the Nisgaa and Canada. 1991: The Northwest Tribal Treaty group is born to help the Haida, Haisla, Babine, Wet’suet’en, gitksan, gitanyow, Carrier-Sekani, Tahltan, Taku, Tlingit, Kaska Dene, and Tsimshian Nations with their land claim negotiations 1991: The memorandum of understanding signed between Kitselas, Kitsumkalum, Lax kwa alaams, Metlakatla, Kitkatla, Hartley Bay and Kitasoo First Nations grant the Tsimshian Tribal Council the mandate to pursue the Tsimshian claim on behalf of all the Tsimshian. 1991: The BC Court of Appeal rules that the Gitksan and Wet’suet’en people have “unextinguised non exclusive aboriginal rights, other then right of ownership” to much of their traditional territory. 1991: The government of BC officially recognizes the Inherent Rights of first nations to Aboriginal Title and self government, and pledged to negotiate just and honourable treaties 1992: The tripartite modern-day BC Treaty making process is born to settle the land question in BC. 1992: The BC first nations Summit is born to represent the BC first nations in treaty negotiations. 1992: The BC Treaty Commission is born to be the Keeper of the treaty negotiations process. 1993: The Tsimshian Tribal Council present their “Statement of Intent” informing the federal and provincial governments that Tsimshian are ready to enter treaty negotiations. Stage one of the treaty process. 1867: Canada is born and assumes authority to make laws about “Indians and lands reserved for the Indians”. Our traditional territories were taken and we were stuck onto indian reserves. 1973: 1871: The Province of British Columbia is born and assumes the authority over all lands and resources within BC. 1974: 1885: Tsimshian Chiefs travel to Ottawa to discuss “Our troubles about our land”. 1976: The federal government adopts a “Comprehensive claims Policy” to settle the land question in BC. 1886: Tsimshian Chiefs assert ownership to the land and need to discuss treaties. 1982: The Canadian Constitution affirms existing Aboriginal and Treaty Rights, but do not define them. 1994: Tsimshian Chiefs travel to Victoria to demand recognition of Title and the need to negotiate treaties and self-government. BC’s response was that the Indians could no more be seen as land owners. 1983: Tsimshian Declaration and Claim to territories is declared in preparation to enter negotiations with the federal government. The Tsimshain claim was accepted for negotiations and enter Stage two of the treaty process. 1995: 1984: The Supreme Court of Canada recognizes that Aboriginal Rights existed before Canada became a country, and that those rights apply both on and off reserve. It also confirms that the federal government must protect the interest of aboriginal people. The BC Treaty Commission declared the Tsimshian Nation ready for negotiations December 20th. 1996: Agreement was initialed April 24th 1996 and final signing November 1996 at the Tsimshian General Assembly the conclusion of Stage 3. 1984: The Gitksan and Wet’suet’en file suit against the province claiming ownership to their territories and the right to self-government. The Delgamuukw case. 1999: Nisga’a final agreement, August 4. 2004: New body called Tsimshian First Nations was established and a revised Statement of Intent (SOI) submitted to BCTC 2012: Letter of Understanding was signed between Kitsumkalum, British Columbia and Canada. 1887: 1910: Prime Minister Laurier promises to settle the Land Question. 1913: The Nisgaa petition the BC Government to resolve the land question. 1916: The Allied Tribes of BC is born to pursue their grievances about the land and title in the courts. 1919: The Allied Tribes of BC file a petition to the federal and provincial governments that it is presenting all the land claims in BC. 5 // JULY | AUGUST 2015 1986: The federal government starts negotiations with the Nisgaa to settle their land question. The federal government agrees to negotiate with the Tsimshian under the existing comprehensive claims policy. 2013: Initial AIP (Kalum Kitselas), January 22. 2013: Incremental Treaty Agreement signed. 2013: In April 2013 Kitsumkalum voted yes to giving the Treaty Negotiating Team authority to negotiate a Final Agreement with Canada and British Columbia. 2014: Supreme Court Decision Tsilhqotin, June 26. 2015: On August 4 a celebration dinner is held where Kitsumkalum members witnessed the signing of the Kalum Agreement-inPrinciple dated January 22, 2013 by the Province of BC, Canada and Kalum. CONTACT INFORMATION Have you updated your contact information lately? Have any of your family members moved? Did you not receive our last mail out? Do you know of any members not getting our information? If so please contact our office so we can update your or your families contact information. Please call us or email us. We will pass on our updates to the Band Office and they us. Stay Involved, Informed and Inspired! Kitsumkalum’s — Treaty Times // 6