Tag Archives: Nisga’a

Archive Quarterly ~ Spring 2025

24 Saturday May 2025

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AQ Spring Edition Features:

Rejection of Funds, April 1975

At the 7th Annual General Assembly of the Union of BC Indian Chiefs, all Indian Bands agreed to refuse federal transfer payments and program funding – rejecting government control.

The BC Association of Non-Status Indians joined them, “amalgamating the on- and off-reserve people and changing the political movement once and for all. The solution was the same for both of us: a just settlement of the Indian land question, and respect for our own governance.”

With quotes from media at the time, and comments from published interviews with Hereditary Kwagiulth Chief Hemaas, Bill Wilson and Grand Chief Saul Terry, St’at’imc; and Hereditary Wet’suwet’en Chief Ron George, unpublished 2018 interview.

Documentary resource: Nesika ~ The Voice of BC Indians, Volume 3, Issue 13, May 1975. Reporting on the Rejection of Funds and Militant May.

Nesika May 1975 rejection of fundsDownload

Bill C-31, 1985, and the first Reinstatement of Non-Status Indians

The federal objective “to keep lands reserved for Indians under the power of male Indians,” was one of the primary reasons for the first legislation respecting Indigenous Peoples, in 1869.

In order to achieve this, Canada defined who was, and who was not, a “Status Indian.” This Status, providing the right to live on-reserve and be a member of an Indian Band or First Nation, and pass Status to children, was increasingly denied to Native women.

With 40 legal actions against the government’s Registrar for wrongful misappropriation of entitlement, and a 1982 recommendation of the United Nations ICESCR treaty body, Canada removed some of the sexist restrictions to coincide with their new constitution’s Charter of Rights and Freedoms.

Documentary Resources: Bill C-31

Bill C-31 – Act to Amend Indian Act June 12 1985Download

First Ministers Conference on the Constitution, April 2, 1985

The Constitution Act, 1982, was passed for Canada with a British condition: the rights of Aboriginal Peoples, in Section 35, must be elaborated.

A formula to amend the Constitution was included in Section 37 of the Act: the country must hold First Ministers Conferences immediately, and specifically protect key aspects of the “existing rights” of Aboriginal Peoples in an amendment to the Constitution.

In 1985, Canada’s Prime Minister Brian Mulroney chaired the conference. He made an elaborate speech which, 40 years later, has still not been realized: “As a Canadian and as Prime Minister, I fully recognize and agree with the emphasis that the Aboriginal Peoples place on having their special rights inserted into the highest law of the land, protected–as we all want ours–from arbitrary legislative action.”

His statements were completely undermined by a report leaked ten days later.

Documentary Resources:

First Ministers Conference, Ottawa, April 2, 1985. Morning Session. Verbatim Transcript.

Including Statements of: Prime Minister Brian Mulroney, DAVID AHENAKEW (Chief, Assembly of First Nations), KEVIN DANIELS (Metis National Council), SAM SINCLAIR (President, Metis Association of Alberta), Louis (Smokey) BRUYERE (President, Native Council of Canada), MR. JOHN AMAGOALIK (Inuit Committee on National Issues)

1985 First Ministers Conference on Aboriginal Constitutional Matters – Indian self-government .April 2. transcript morning sessionDownload

First Ministers Conference, Ottawa, April 2, 1985. Afternoon Session. Verbatim Transcript.

Including Statements of: Prime Minister Brian Mulroney, GEORGE WATTS (Assembly of First Nations), HAROLD CARDINAL (Prairie Treaty Nations Alliance), CHIEF SOLOMON SANDERSON (Assembly of First Nations), HARRY W. DANIELS (Vice-President, Native Council of Canada), ZEBEEDEE NUNGAK (Inuit Committee on National Issues), M. SIOUI (chef de la Nation huronne Wondat de la Province de Quebec), JOHN CROSBIE (Canada), JIM SINCLAIR (Saskatchewan), ROLAND PENNER (Attorney-General, Manitoba), GEORGES ERASMUS (Northern Vice-Chief, Yukon and Northwest Territories, Assembly of First Nations), RICHARD HATFIELD (New Brunswick), JOHN AMAGOALIK (Inuit Committee on National Issues), BRIAN R.D. SMITH (Attorney General, British Columbia), JOE COURTEPATTE (President, Alberta Federation of Metis Settlement Associations, Metis National Council), FRED HOUSE (President, Louis Riel Metis Association, British Columbia), PETER LOUGHEED (Alberta), WILLIAM BENNETT (British Columbia)

1985 First Ministers Conference on Aboriginal Constitutional Matters – Indian self-government – April 2.afternoon sessionDownload

“The Buffalo Jump of the 1980s,” the draft Nielsen Report to Cabinet: April 12, 1985

A draft memorandum for Cabinet, produced by the Deputy Prime Minister, Erik Nielsen, was leaked to the press at the same time the federal government was making overtures to Aboriginal self-government in the First Ministers Conference and reinstating Non-Status Indians in Bill C-31.

The Nielsen Task Force Report draft for Cabinet was titled, “The Buffalo Jump of the 1980s.”

The Report recommended slashing financial support for Indigenous political organizations.

Anticipating tens of thousands of people regaining Indian Status with changes to the Indian Act under Bill C-31, the government’s “Buffalo Jump” plan also hinged on devolving fiduciary responsibilities for Native health care, education, and economic development to the Provinces.

At the same time, the near-final Sechelt Self-Government Agreement made an example of an Indian Band which agreed to extinguish their title and rights, accepting instead a municipal role with small lands, powers of taxation, and the ability to engage in business – which is not possible under the Indian Act.

For First Nations faced with the failing First Ministers Conference – where Premiers showed no intention to support Aboriginal self-government in the Constitution; and the impending cut to federal funding; the direction of the intended “Buffalo Jump” stampede became clear.

Documentary Resources:

“Buffalo Jump of the 1980s” – Nielsen Report – “Funding cuts drive FNs into compromising programs,” Ottawa Citizen, April 19, 1985; AFN press release, May 8, 1985.

“Buffalo Jump of the 1980s” – Nielsen Report – Funding cuts drive FNs into compromising programsDownload

The Nisga’a Final Agreement: A 25th Anniversary Retrospective

Excerpts from a negotiation that exceeded a century:

“You saw us laughing yesterday because you opened the book and told us the land was the Queen’s and not the Indians’. That is what we laughed at. No one ever does that, claiming property that belongs to other people. We nearly fainted when we heard that this land was claimed by the Queen. The land is like the money in our pockets, no one has a right to claim it.” Chief Am-Clamman of Kit-wil-luk shilts, 1887.

With statements from 1884-1889 collected by Reverends of the Methodist Missions,

Excerpts from the Northwest Coast Commission at Port Simpson and the Nass, 1887,

The 1913 petition of the Nisga’a to the British King,

The Allied Tribes statement, formed in alignment with the Nisga’a position,

The role of the White and Bob hunting case, Nanaimo, in the Calder title case,

The Calder title case, and federal land Claims policy announced in 1973, in response to it,

Synopses of events across BC and Canada from 1912 to 1997, in court and on the ground, as they affected the Nisga’a case,

Debates of the BC politicians as they explained the Nisga’a Final Agreement,

Excerpts from the 2000 treaty,

And the court cases – by BC politicians and Nisga’a people – that followed it.

Documentary Resources:

Letter from the Methodist Missionary Society to the Superintendent-General of Indian Affairs respecting British Columbia troubles, May 1889.

Including: Protest of Port Simpson Chiefs to Mr. O’Reilly; Statement of Skidegate Chiefs;  Affidavits of: John Ryan, Chief Paul Legaic, Louis Gosnell, Chief Alfred Doudoward, Charles Abbott, Chief Herbert Wallace, Richard Wilson, Chief David Mackay, Chief Arthur Calder, Charles Russ, George A. Gibson, Chief Scaban, Chief Ness-Pash, Chief Clay-Tsah, Chief Tat-Ca-Kaks, Job Calder; more.

Letter from Methodist Missionaries to Superintendent General 1888. With statements of Tsimpshean and Haida ChiefsDownload

Papers Relating To The Commission Appointed to Enquire into the Condition of the Indians of The North-West Coast, 1888, Government Printer at Victoria.

Including: Testimony of Chiefs George Kinsada, Adam Kishni, Moses, Albert Shakes, Samuel Seymour, Frederick Allen, Arthur Gurney, Nease Youse, Tallahaat, Sabassah, Hawillah, Job Calder (or Nouse), husband of Victoria, chiefess of the Naas Indians, Mountain, Matthew Naas, Charles Russ, Neis Puck, Kledach, David Mackay, Arthur Calder (son of Chieftainess Victoria), Hawillah, Am-Clamman, Paul Kledach (son of Chief Kledach), Paul Legaic, Richard Wilson, Alfred Doudoward. Charles Abbott, Gemmuc, Donald Bruce, Matthew Aucland, A. Leighton, and petitions and Letters;

And Statement of BC Premier William Smythe, 1887; Reserve Commissioner O’Reilly, Report and memos of Commissioners; etc.

1888 North coast commission into the condition of the Indians. Tsimpshean.Nishga Commissioners Planta and Cornwall for Dominion of Canada and Province of BCDownload

“Nisga’a Treaty – Final Agreement Act – Bill C-51 – Committee Stage”– notes and quotes from the Provincial Government’s debate televised on CPAC and recorded on the Government’s website, Hansard. January 18-20 1999.

Nisgaa debate CPAC Hansard BC Leg. 1998-99Download

Closing Statement: Gitxsan and Wet’suwet’en Chiefs, 1990

At the end of 370 days of testimony, and at the end of the trial for title, Hereditary Chiefs made a statement to close the proceedings.

 “Three years have passed since we made our opening statements to this court; at that time you did not know who Delgamuukw and Gisdaywa were. We, the Gitksan and Wet’suwet’en, must be compensated for loss of the Land’s present integrity and for the loss of economic rents. We ask that the court not only acknowledge our ownership and jurisdiction over the Land, but to restore it to a form adequate for Nature to heal in terms of restoration.”

AQ Spring 2025:

56 pages

8.5×11

ISBN: 978-1-7387902-9-6

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STATEMENT OF THE NISHGA NATION OR TRIBE OF INDIANS. 1913

09 Sunday Jul 2017

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From time immemorial the Nishga Nation or Tribe of Indians possessed, occupied and used the territory generally known as the Valley of the Naas River, the boundaries of which are well defined. The claims which we make in respect of this territory are clear and simple. We lay claim to the rights of men. We claim to be aboriginal inhabitants of this country and to have rights as such. We claim that our aboriginal rights have been guaranteed by Proclamation of King George Third and recognized by Acts of the Parliament of Great Britain. We claim that holding under the words of that Proclamation a tribal ownership of the territory, we should be dealt with in accordance with its provision, and that no part of our lands should be taken from us or in any way disposed of until the same has been purchased by the Crown. By reason of our aboriginal rights above stated, we claim tribal ownership of all fisheries and other natural resources pertaining to the territory above-mentioned.

For more than twenty-five years, being convinced that the recognition of our aboriginal rights would be of very great material advantage to us and would open the way for the intellectual, social and industrial advance of our people, we have, in common with other tribes of British Columbia, actively pressed our claims upon the Governments concerned. In recent years, being more than ever convinced of the advantages to be derived from such recognition and fearing that without such the advance of settlement would endanger our whole future, we have pressed these claims with greatly increased earnestness.

Some of the advantages to be derived from establishing our aboriginal rights are

  1. That it will place us in a position to reserve for own use and benefit such portions of our territory as are required for the future well-being of our people.
  2. That it will enable us to a much greater extent and in a free and independent manner to make use of the fisheries and other natural resources pertaining to our territory.
  3. That it will open the way for bringing to an end as rapidly as possible the system of Reserves and substituting a system of individual ownership.
  4. That it will open the way for putting an end to all uncertainty and unrest, bringing about a permanent and satisfactory settlement between the white people and ourselves, and thus removing the danger of serious trouble which now undoubtedly exists.
  5. That it will open the way for our taking our place as not only loyal British subjects but also Canadian citizens, as for many years we have desired to do.

In thus seeking to realize what is highest and best for our people, we have encountered a very serious difficulty in the attitude which has been assumed by the Government of British Columbia. That Government has neglected and refused to recognize our claims, and for many years has been selling over our heads large tracts of our lands. We claim that every such transaction entered into in respect of any part of these lands under the assumed authority of the Provincial Land Act has been entered into in violation of the Proclamation above mentioned. These transactions have been entered into notwithstanding our protests, oral and written, presented to the Government of British Columbia, surveyors employed by that Government and intending purchasers.

The request of the Indian Tribes of British Columbia made through their Provincial Organization, that the matter of Indian title be submitted to the Judicial Committee of His Majesty’s Privy Council, having been before the Imperial Government and the Canadian Government for three years, and grave constitutional difficulties arising from the refusal of British Columbia to consent to a reference, having been encountered in dealing with that request, we resolved independently and directly to place a petition before His Majesty’s Privy Council. In following that course we desire to act to the fullest possible extent in harmony both with other tribes of British Columbia and with the Government of Canada.

We are informed that Mr. J. A. J. McKenna sent out by the Government of Canada has made a report in which he does not mention the claims which the Indians of the Province have been making for so many years, and assigns as the cause of all the trouble, the reversionary claim of the Province. Whatever other things Mr. McKenna found out during his stay, we are sure that he did not find out our mind or the real cause of the trouble. We are also informed of the agreement relating only to the so-called reserves which was entered into by Mr. McKenna and Premier McBride. We are glad from its provisions to know that the Province has expressed willingness to abandon to a large extent the reversionary claim which has been made. We cannot, however, regard that agreement as forming a possible basis for settling the land question. We cannot concede that the two Governments have power by the agreement in question or any other agreement to dispose of the so-called Reserves or any other lands of British Columbia, until the territory of each nation or tribe has been purchased by the Crown as required by the Proclamation of King George Third.

We are also informed that in the course of recent negotiations, the Government of British Columbia has contended that under the terms of Union the Dominion of Canada is responsible for making treaties with the Indian Tribes in settlement of their claims. This attempt to shift responsibility to Canada and by doing so render it more difficult for us to establish our rights, seems to us utterly unfair and unjustifiable. We cannot prevent the Province from persisting in this attempt, but we can and do respectfully declare that we intend to persist in making our claim against the Province of British Columbia for the following among other reasons:

  1. We are advised that at the time of Confederation all lands embraced within our territory became the property of the province subject to any interest other than that of the province therein.
  2. We have for a long time known that in 1875 the Department of Justice of Canada reported that the Indian Tribes of British Columbia are entitled to an interest in the lands of the province.
  3. Notwithstanding the report then made and the position in accordance with that report consistently taken by every representative of Canada from the time of Lord Dufferin’s speeches until the spring of the present year, and in defiance of our frequent protests, the Province has sold a large proportion of the best lands of our territory and has by means of such wrongful sales received a large amount of money.
  4. While we claim the right to be compensated for those portions of our territory which we may agree to surrender, we claim as even more important the right to reserve other portions permanently for our own use and benefit, and beyond doubt the portions which we would desire so to reserve would include much of the land which has been sold by the Province.

We are not opposed to the coming of the white people into our territory provided this be carried out justly and in accordance with the British principles embodied in the Royal Proclamation. If, therefore, as we expect, the aboriginal rights which we claim should be established by the decision of His Majesty’s Privy Council, we would be prepared to take a moderate and reasonable position. In that event, while claiming the right to decide for ourselves the terms upon which we would deal with our territory, we would be willing that all matters outstanding between the Province and ourselves should be finally adjusted by some equitable method to be agreed upon which should include representation of the Indian Tribes upon any Commission which then might be appointed.

The above statement was unanimously adopted at a meeting of the Nishga Nation or Tribe of Indians held at Kincolith on the 22nd day of January, 1913, and it was resolved that a copy of same be placed in the hands of each of the following:—The Secretary of State for the Colonies, the Prime Minister of Canada, the Minister of Indian Affairs, the Minister of Justice, Mr. J. M. Clark, K.C., Counsel for the Indian Rights Association of British Columbia, and the Chair-man of the ” Friends of the Indians of British Columbia.”

  1. J. LINCOLN, Chairman of Meeting.

Nishga Declaration 1980

29 Monday Dec 2014

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Nishga Chief Gideon Minesque, c. 1915

Nishga Chief Gideon Minesque, c. 1915

The Nishga People is a distinct and unique society within the many faceted cultural mosaic that is Canada. The issue is whether the Nishga element within this mosaic will be allowed to face the ‘difficulties,’ will be allowed to become full participants contributing in a positive way to the well-being of the Naas Valley in particular and the country in general. The positive aspect of this participation, we feel, must be through self-determination, self-determination that is dependent on the shared and mutual responsibility of governments and Nishga People.

If Canadian Society and Nishga Society of which it is a part, is to be truly free, we as a distinct people and as citizens, must be allowed to face the difficulties and find the answers, answers that can only be found by determining our own social, economic and political participation in Canadian life. Governments, both Federal and Provincial, must be persuaded that Nishga self-determination is the path that will lead to a fuller and richer life for Nishga People and all Canadians.

We, as Nishgas, are living in a world where dynamic initiatives must be taken to achieve self-determination especially in respect to the natural resources of the Naas Valley, in order to control our own process of development within the larger Canadian society and to make decisions that affect our lives and the lives of our children. We realize that our struggle for self-determination will be a difficult one, but we refuse to believe that it is vain, if governments and the Nishga People agree to their mutual responsibility for that growth and development. Nishga self-determination of resource development within the Naas Valley is the economic base that will allow for self-determination of the other aspects of modern 20th Century society that makes up this Canada of ours.

In 1969, Nishga Tribal Council agreed in principle with the “statement of the Government of Canada on Indian Policy,” in the face of strong opposition from other Native Peoples across the nation. That agreed principle was incorporated in the policy statement: “true equality presupposes that the Indian people have the right to full and equal participation in the cultural, social, economic and political life of Canada.” Such an agreement in principle, however, does not necessarily mean the acceptance of the steps to implement as suggested by the 1969 Policy Statement. Co-existent with the NTC agreement of the stated principle is also the NTC agreement with the Hawthorne Report, that “Indians should be regarded as Citizens Plus; in addition to the normal rights and duties of citizenship, Indians possess certain rights as charter members of the Canadian Community.”

Undergirding the whole of the above, is the demand that, as the inhabitants since time immemoriam of the Naas Valley, all plans for resource extraction and “development” must cease until aboriginal title is accepted by the Provincial Government. Also, we, the Nishga People, believe that both the Government of BC and the Government of Canada must be prepared to negotiate with the Nishgas on the basis that we, the Nishgas, are inseparable from our land; that it cannot be bought or sold in exchange for “extinguishing of title.”

Conclusion

What we seek is the right to survive as a People and a Culture. This, we believe, can only be accomplished through free, open-minded and just negotiations with the provincial and federal authorities, negotiations that are based on the understanding that self-determination is the ‘answer’ that government seeks to the ‘difficulties’ as they apply to the Nishga People.

Printed in “Citizens Plus – the Nishga people of the Naas River Valley in Northwestern British Columbia; Nishga Land is not for sale” Revised Edition, April, 1980. Published by the Nishga Tribal Council, New Aiyansh, BC, V0J 1A0, (604) 633 2215. Produced by Hugh McCullum, Project North, 154 Glenrose Ave., Toronto, Ontario, M4T 1K8, (416) 481 3574.