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Page 1: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Chapter Seven

Into the Twentieth Century

Spokeshute, Port Essington

pi*

"Everythings is changed from what the olden people used to do.

But you have shown us your heart, which is not changed."

Henry Collison, speaking to Chief Nisyaganat.

155

Page 2: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Into the Twentieth Century

Joining the Wage Economy

In traditional Tsimshian culture

the economy was based on produc

tion by the group. Chiefs and their

Waap or House Group produced

the things they need from the

resources found on territories that

belonged exclusively to them. If

they had more than they need for

themselves, they traded with other

Waap or other nations. The mem

bers of the Waap worked together

to provide for the whole group.

European newcomers brought a

different sort of ecomony, based on

the production of the individual.

During the fur trade, the ways

of work gradually changed. Many

people continued to gather

resources in the ways they always

had, moving back and forth from

resource sites. Some, however, spe

cialized in hunting, sometimes trav

elling great distances for animals

like the sea otter.

Old skills, new jobs

Tsimshian people were able to

transfer their traditional skills to

new job forms. Their knowledge of

the land, the sea and the rivers gave

them an advantage in jobs like fish

ing, trapping and canoe freighting.

Women easily applied their skills of

salmon processing to work in the

salmon canneries.

The fishing industry was the

most important source of income

for Tsimshian people. Every sum

mer most families travelled from

their home villages to the cannery

villages. Women worked in the can

neries, cleaning the fish and filling

the cans. The industry dependend

on the labour of First Nations

1

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Canoefreighting on the Skeena River was an importantjobfor some Tsimshian

men, until the railway was completed in 1914. B.C. Archives photo E-06571.

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156

Page 3: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

[M)

women to make their product.

Men usually caught the fish,

although some worked at the can

nery itself.

Tsimshian people had always

trapped for furs. Traplines were

part of the hereditary privileges

that were passed on from uncle to

nephew within the clan system. In

the Twentieth century, ownership

of traplines came under provincial

law. Trappers had to register their

traplines with the government. Still,

it was an important source of

income for many Tsimshian

familes, who took their furs to

Prince Rupert to sell.

Forest industries

The early logging industry

employed many Tsimshian men.

They often obtained hand-logging

licenses to supply a number of

sawmills in the area.

Handlogging enabled a man or

a small group of men to work inde

pendently logging small patches of

forest along the coast. Because the

forested shoreline rises steeply out

of the ocean, only basic equipment

was needed. Once the trees were

felled, gravity helped get the logs

down the slope into the ocean.

Then they could be towed to a

sawmill.

Others worked in a number of

sawmills that began in the 1870s

and continued into the 1900s. Most

of the lumber from these mills was

bought by the salmon canneries.

Hundreds of wooden boxes were

needed to ship the tinned salmon.

Around the turn of the century

some First Nations communities had

a local sawmill, usually funded by

one of the churches. Hartley Bay,

Cedarvale and Kispiox each had a

water-powered mill which were

hoped to help support the villages.

Entrepeneurs

At the turn of the century,

every Tsimshian community had a

number of businesses started by the

people themselves. The Tsimshian

people of Port Simpson owned a

number of industries, including a

furniture factory, a shingle mill,

general stores, restaurants, a print

shop and a blacksmith shop.

Moving South

As Tsimshian people became

more involved in the wage econo

my, many families moved to urban

centres like Prince Rupert, Terrace

and Vancouver.

Sometimes this was only a tem

porary move. One job that provided

an income was picking hops in the

Fraser Valley or Puget Sound.

Familes travelled on coastal steamers

to the south to work on hop farms

in the Fraser Valley and

Washington. (Hops are tall leafy

plants, one of the main ingredients

in beer.)

Others moved permanently to

urban centers where they found

more opportunities for work and

education. This meant that fewer

people were living in the villages.

Some who moved to the city faced

difficulties adapting to urban life,

but many made the transition suc

cessfully.

Walter Wright was one ofthe heredi

tary chiefs ofKitselas. He was a well-

knownfreight canoe captain.He also

worked aboard the sternwheelers that

travelled up the Skeena to Hazelton

between 1892 and 1912. In lateryears

he ran aferry across the river at

Kitselas. He recorded the oral history of

his House Group in the book Men of

Medeek, published in 1962.

British Columbia Archives photo E-

01797 (detail).

157

Page 4: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Into the Twentieth Century

Salmon Canneries

|M1

Claxton Cannery on the Skeena River in

the early 1900s. Note the canoe covered in

a tarp in theforeground. This picture

shows anumber ofindustrial changes which

impacted on the lives ofthe Tsimshian.

The sawmill (at centre left, with opening

facing camera) powered by waterfrom the

flume at the left, providedjobs both in log

ging and sawmilling. The large building is

the salmon cannery. Two coastal steamers

at the dock helped bringgoodsfrom great

distances and also allowedfaster trans

portation. They encouraged the settlement

ofthe north coast by their easier access.

BCArchives photograph.

Women working at the cleaning tables

in a North Coast cannery. First

Nations women were the backbone of

the salmon canning industry.

Northern B.C. News photo.

Klemtu, with the community at left and

buildings ofold salmon cannery at right,

1984. Most ofthe 200 salmon canneries

built along the B. C. coast were built in

isolated coves, but the story was different at

Klemtu. J. //. Todd built a cannery next

to the village, connected with boardwalk.

Klemtu residents had regular employment

without having to leave homefor the sum

mer. Other workers also came to Klemtu

canneryfrom other villages, such as

Hartley Hay.

158

Page 5: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Spokeshute: Port Essington

In 1871 a brand new town

emerged at the mouth of the

Skeena River, but it would not

rm have been a success without the

I support of Tsimshian people.

That year Robert Cunningham

, established Port Essington at the

traditional Tsimshian fall camping

mm spot called Spokeshute, where the

i Ecstall River joins the Skeena

River. It started as a trading post

j" to supply miners and buy furs. In

' the 1880s it expanded to become

\m the headquarters for salmon can-

' ning and shipping on the Skeena

River.

T™ Cunningham originally came to

work with William Duncan at

,„ Metlakatla. There he met and mar-

i1 ried a Tsimshian woman, Elizabeth

Ryan. She died tragically in 1888

f*1 when a canoe she was travelling in

' across the Skeena overturned.

-m At Spokeshute, Cuningham

i forged a unique relationship with

the Tsimshian people of Kitselas

i*1 and Kitsumkalum. He encouraged

; them to build homes on a portion

of the townsite. Cunningham gave

] them the land, but curiously,

because they were under the Indian

^ Act it had to be made a reserve.

Not a regular reserve, however,

since Cunningham actually held

! title. Therefore it was called a

"Special Reserve."

The Tsimshian section ofPort Essington, with Cunningham s businesses at the point.

Canneries and more housing was located on the other side ofthe point. United Church

Archives photograph.

The Kitselas and Kitsumkalum

people helped him build up the little

town, and were the soul of the

community for it's nearly 100 years

of existence.

The town saw many people and

businesses come

and go over the

years, from the

boom of the rail

way construction

to the closing of

the salmon can

neries. A large

Japanese popula

tion lived at Port

Essington until

1942 when they

were forced to

leave. The Kit

sumkalum and Kitselas people con

tinued to make Spokeshute their

home until the early 1960s, when

two disastrous fires destroyed most

of the buildings in the town.

Matriarchs ofPort Essington through much ofthe 20th Century,

Cecelia Lockerby, Rebecca Bolton, Esther Roberts, Lily Spalding and

Selina Bolton, taken at Sports Day in the late 1930s. Photo courtesy

ofDon Roberts.

159

Page 6: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Into the Twentieth Century

The building of a new city in

Tsimshian territory meant even

more changes for the Tsimshian

people. Very few were positive,

however. The construction boom of

both the city and the railway

offered very few jobs for First

Nations people. The presence of

thousands more people meant more

encroachment on their traditional

resource areas.

The Kaien Island Land Grab

Prince Rupert came into exis

tence because of the railway. In

1902 The Grand Trunk Pacific

Railway Company (GTP)

announced that it would build a

Prince Rupert

new railway across Canada. It was

to be better than the Canadian

Pacific Railway which ran to

Vancouver. The opportunity for

making money attracted many new

comers.

The GTP wanted a port on the

North Coast. Most people thought

the company would pick Port

Simpson or maybe Kitamaat, so

they started to buy up land in those

spots, which they then hoped to sell

to the GTP for big profits.

However, the GTP wanted to

make their own profits and tried to

get land as cheaply as possible.

What they really wanted was for

the British Columbia Government

to give them the land, but the pre

mier of the day,

Prince Rupert Land Grab

1906

| | Land sold lo developers

Present Reserve land

Richard McBride,

wasn't about to

do that.

Secretly, the

company

looked for

another harbour

where they

could build a

city, and they

found what was

then called

Tuck's Inlet,

bordered by

Kaien Island. It

was almost

ideal, especially

since no one

had thought to

purchase land there. The GTP

worked out a secret deal with a

man named George Kane. In 1904

he bought land on Kaien Island,

then sold it cheaply to the company.

There was one major problem

in the company's eyes. Some of the

land they wanted was part of a

Tsimshian Indian Reserve. They

had to approach the Department of

Indian Affairs in Ottawa and the

Metlakatla Band Council. The com

pany's agent travelled to Metlakatla

in January, 1906, telling the Indian

Agent that the company "has decid

ed to use Kaien Island, and they

would require Digby Island,

Tsimpsean Peninsula and the rest of

Kaien Island." The total area they

wanted to buy was 13,567 acres.

After a week's negotiations, the

price of $7.50 an acre was agreed

upon.

There was one more hurdle for

the company. The laws of Canada

said that if any Indian Reserve land

was surrendered it automatically

reverted to the province. So, in this

case, the GTP couldn't simply buy

the land from the Tsimshian people.

The land deal had to go through

Premier McBride, who wanted

money for the reserve land. Of

course, the GTP didn't want to pay,

and asked the province to just let

them have the land, since it would

be so good for the province to have

a new city on the North Coast.

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160

Page 7: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Again, the province was unwill

ing to give away land without com

pensation. In March, 1907, the

B.C. government claimed the sur

rendered reserve land for them

selves and gave the GTP an evic

tion notice. That made the compa

ny change its attitude, and finally it

gave in, agreeing to pay $1.00 an

acre to the province for the reserve

land.

Building a City

The GTP employed a few

Tsimshian people in the early stages

of development. Some were able to

sell fresh food such as deer and

salmon, just as they had in the days

of the Hudson's Bay Company.

Some worked with the survey

teams as they mapped out the

townsite and harbour. Tsimshian

loggers sold pilings for the first

wharf built, while a handful! of

carpenters worked on some of the

first buildings.

Some of the earliest photo

graphs were taken by a photogra

pher from Metlakatla named

Charles Auckland.

But when it came to the major

construction of the railway itself

and clearing the Prince Rupert

townsite, few if any First Nations

people were hired. One of the rea

sons was that during the summer

when most of the construction

work was done, Tsimshian and

other First Nations people were

employed at the canneries either

fishing or working on the canning

lines.

The other reason was that the

contractors building the railway had

a policy of hiring Euro-Canadian

workers only. This was largely

aimed at Chinese and Japanese

workers, but must have included

First Nations people as well.

Explicit racism was more com

mon in those days than it is today.

There were some stores and restau

rants where First Nations people

were not welcome. Anyone belong

ing to a minority would see them

selves portrayed in the Prince

Rupert newspapers in a derogatory

fashion. Sometimes the reports were

patronising, but more often than

not they were decidedly negative

and racist. If the newspapers wrote

this way, it is reasonable to conclude

that much of the public felt the

same way.

When the Grand Trunk Pacific

Railway first began to build Prince

Rupert, they tried to control who

lived there. This worked at first,

but soon newcomers from around

the world found ways to get around

the company's rules and they settled

in the new boom town. A few First

Nations people lived in the part of

town known as Knoxville (where

the rail yards are today).

The Tsimshian people must

have looked at this little settlement

with wonder. The more it grew, the

noisier it got. The frequent dyna

mite explosions which flattened the

waterfront echoed off the moun

tains and thundered across the

water to Metlakatla. And when the

trains finally arrived, the sounds of

the bellowing steam engines and

shrill whistles filled the air.

Will Employ White Labor Only

When at Edmonton recently Jack Stewart, of the

railway building firm of Foley Brothers, Larson &

Co. stated, and he wanted it understood, that his

firm would follow their invariable practice of engag

ing white labor exclusively on any contract the firm

got from the Grand Trunk Pacific Railway. His

firm is the only one that has a grading contract on

the GTP in British Columbia.

Prince Rupert Empire, October 19, 1907

161

Page 8: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Into the Twentieth Century

The Prime Minister Comes to

Town

In August, 1910, Prime Minister

Wilfred Laurier visited Prince

Rupert to see the new port city

which was developing on the west

coast. First Nations people played

an important role in the ceremonies,

and during his visit, the Prime

Minister delivered a significant

message which affirmed aboriginal

rights.

The rough and ready town was

tidied and decorated to welcome

Laurier, and three large arches were

built over the streets. One of these

was a special welcome by the people

of Metlakatla. The Prime Minister

and his large party of politicians and

journalist from the large eastern

papers arrived aboard the Grand

Trunk Pacific steamer Prince

George on August 20. Dozens of

boats, decorated with flags for the

occasion, and loaded with people,

met the steamer when it arrived.

After it docked, the dignitaries dis

embarked and made a procession

from the waterfront to Second

Avenue, led by the Metlakatla

Band.

On August 22 the official party

travelled to Inverness cannery by

train, then steamed on to

Metlakatla by paddlewheeler. The

Prime Minister and his party toured

the village and the people made pre

sentations to him. Fred Campbell, a

canoe builder from Metlakatla, pre

sented him with an impressive gift

n

The people of Metlakatla erected this arch over one of the

streets of early Prince Rupert to welcome Prime Minister

Wilfred Laurier. Wrathall photo

of a canoe. Little is recorded about

this presentation, but the gift of

such a valuable item suggests the

importance of this visit to the

Tsimshian people.

The stay in Metlakatla was

longer than planned, and the party

made it back to Prince Rupert just

in time for a large open air public

meeting. Mores presentations were

made, as well as many speeches.

The affair was opened by a young

girl, "Miss Venn," from Metlakatla

presenting the Prime Minister with

a bouquet of flowers.

The First Nations of the north

were an important part of this open

air meeting. Before the event, one

newspaper reported that their pres

entation to the Prime Minister

would be unique. "Almost seventeen

chiefs will be present to take part in

it and the greatest secrecy as to its

character is being maintained by the

Indians," said the Optimist.

After the event took place,

however, most newspapers gave

very little description of the First

Nations address. Amongst many

paragraphs of description and

quotes from other speeches, the

papers only devoted one paragraph

to the aboriginal address. Here is

how the Prince Rupert Optimimst

put it:

An Indian chiefcame next

ivith the presentaion ofan

address. This address ivas

burned on the blade ofa

paddle, the other side of

which was decorated with

Indian hieroglyphics in col

ors. Next came another

Indian, Captain Edenshaw,

who read a long address that

was typewritten.

One paper did offer more

detail, however. The first chief was,

in fact, Charles Dudoward, one of

the leading chiefs of the Tsimshian

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162

Page 9: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

tpifi

at Port Simpson. Interestingly, he

delivered a message on behalf of

three other First Nations of the

north, the Nisga'a, the Babine and

the Nuxalk of Bella Coola, which

the Journal printed

The other speaker, Charles

Edenshaw, was a high-ranking

Haida chief who presented the

Prime Minister with a carved gold

bracelet to be given to Lady

Laurier, the Prime Minister's wife.

Edenshaw was a master carver, and

likely carved this bracelet himself.

This presentation tells us some

thing of the attitudes of the First

Nations people of that time, but

also raises some intriguing ques

tions. The fact that a leading

Tsimshian chief, Charles

Dudoward, was called upon to give

the speech on behalf of neighbour

ing First Nations is significant. It

acknowledges that this event was

taking place on Tsimshian territo

ry, and it was right for a Tsimshian

To the Right Honourable Sir Wilfrid Laurier, G.CM.G, P.C

President of the Privy Council of Canada

The Chiefs and People of the Nass, Bella Coola and Babine Indians Territories

unite with our Whke Bretheren to give you a glad welcome to this Northern Country.

We look upon you as our Chieftain. We believe you and your colleagues in council to

have the power of Government upon the justice and amity ofwhich our destinies as a

race must largely depend.

We thank the Government for its guardianship, in the past and for the assurances

of its interests and protection as new conditions mark our advances toward higher civ

ilization and honourable citizenship.

We hereby pledge our zeal for industrial competency, obedience to the law and

loyalty to the State.

On behalf of the Indian People

Text ofthe speech burned onto a paddle, read by Charles Dudoward to Prime Minister

Wilfred Laurier. Printed in the Prince Rupert Journal, August 23 1910.

leader to deliver the words of visi

tors to the Prime Minister of

Canada.

The content of the words is also

significant. We might look at them

today and wonder why the message

seems to be so approving of the

government. But what was really

behind these words? We can't be

sure of the orginal intent, but it was

(and still is) common for chiefs

to be very humble in their

speeches. The words also con

vey the incredible trust that the

people had in Sir Wilfred

Laurier to do the right thing

and recognize aboriginal title.

The fact that the words of the

message were burned into the

paddle is also powerful, as it can

This picture shows a First

Nations camp in Prince

Rupert at the time of

Prime Minister Laurier's

visit in August, 1910.

The bow ofthe decorated

Coast Guard ship Kestrel,

seen behind the ware

house, helps to identify the

date.

PRCRA photo

163

Page 10: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Into the Twentieth Century

be seen as a symbol of forward

action and progress.

It is interesting to think about

how this presentation came about.

Who wrote the words of the

speech? Who burned the words into

the paddle? What kind of discus

sions led up to asking Charles

Dudoward to make the presenta

tion?

In his response, Prime Minister

Laurier praised the new city and the

optimism for economic develop

ment that it symbolized. But he also

delivered an important message of

support to the First Nations people's

quest for aboriginal rights. Here is

the only recorded version of his

message, in the Prince Rupert

Journal:

To the countrymen ofthe

aboriginal races he said he

was pleased to hearfrom

them. He wanted them to

understand that the govern

ment would ever protect

them. The word ofthe

Crown was sacred and the

rights which they held would

ever be maintained.

After his speech, according to

the papers, "a nu;mber of citizens

were presented to the Prime

Minister, including a large number

of Indians."

Another Prime Minister Comes to Town, 1952

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Prime Minister Louis St. Uurent with First Nations leaders ofthe northwest, at Prince Rupert on September 7. 1952. He holds a presentation from the First Nations people. To the left ofthe Prime Minister is James Bolton. Chiefofthe Kitsumkalum Bandfrom 1940

to 54. To the Prime Minister's right is Heber Clifton, herediatry chiefofthe Gitga at at Hartley Bay. Wrathallphotograph 16199

164

Page 11: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Contributions

Through Music

The contribution that First

Nation people of the nrothwest

coast made, and continue to make,

through music is often overlooked.

By the early 1900s, most First

Nations communities on the north

coast had brass marching bands

and church choirs. They performed

at community events and occasions

such as funerals.

Many individuals were skilled

musicians, learning instruments

such as guitar, piano and accor-

dian. They played for family

entertainment and at concerts in

the community hall. When they

travelled to salmon canneries or out

to the fishing grounds, musicians

took their instruments along.

The Hartley Bay Five were a popular dance band whoplayed in

Prince Rupert and at coastal communities as distant as Ocean

Falls. Left to right, John Clifton, trumpet, Charlie Robinson,

guitar, Fred Bolton, drums, Steve Robinson, saxophone and

Reggie Mason, piano.Photo courtesy of Tina Robinson.

The Kitkatla Brass Bandperforming in a Prince Rupert parade along Second

Avenue. Marching bandsfrom many First Nations communities came to

Prince Rupertfor special celebrations such as July 1st celebrations. They

marched in parades andperformed concerts, where they competedfor prizes.

This photograph, taken about 1910, isfrom an old postcard.

jfoffl

Playingfor the last dance in Spokeshute, 1959. Left to right,

Norman Brooks, drums, Sam Lockerby Jr., accordian, Gus

Collins, guitar, Irene Collins, accordian. The dance was held in

the Port Essington public school, (you can seen the blackboards

behind the musicians.) Photo courtesy ofDon Roberts.

165

Page 12: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Into the Twentieth Century

Newspaper Files from Early Prince

Rupert

Here are some articles taken from Prince Rupen newspapers. They show the way many people thought about

First Nations people. In many cases the newspaper editors reflected the attitudes of the day. At that time

Canada had many racist laws. How would you feel if you were a First Nations person reading these newspa

pers articles?

t^s

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WTTO

FTTO

166

Page 13: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Often, First Nations people were not named in newspaper articles. They were usually only mentioned anoy-

mously (unless they were in trouble with the law.) Notice in this article that the reporter segregates the listing

of people involved. Why do you think he wrote "seven white men and three Indians" rather than ten men?

Why didn't he print the names of the First Nations men who died?

/I /v'm Nations canoe crew

drops offa party ofworkers

along the Skeena River. The

could be miners or railway

workers. The capsized canoe

party described in the news arti

cle would have been similar.

CMCphoto 47035.

167

Page 14: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Into the Twentieth Century

This article is more positive than the others, but it reveals a more subtle bias.

Although the reporter is friendly towards the people of Metlakatla, there is still

the distinction made between First Nations people and "white" people. The tone

of the article is stil patronising.

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Wedded Couple Get Good SendoffUnited in the holy bonds of matri

mony on the 23rd instant, at the village

of Metlakatla, at the home of the bride,

Miss Elizabeth Robinson, daughter of

Mr. and Mrs. Peter Robinson of the

Metlakatla tribe of Indians, to John

Leighton of that village.

The marriage ceremony was per

formed by the Rev. Mr. Keen of the

Church of England. A very large atten

dance assembled in honor of the occa

sion, several having traveled from distant

villages along the coast; besides there

were quite a number of whites from

Prince Rupert.

The weather was ideal, and the bride

who is looked upon as one of the pretti

est girls in the village, looked charmingly

nice in her gown of cream silk with veil

to match.

At the close of the ceremony the

entire party adjourned to the school

house where a repast had been prepared

for all who chose to partake of the hos

pitality.

Dinner over and the usual good

wishes of friends extended to the couple,

an address was delivered on behalf of the

citizens of Prince Rupert, accompanied

by the presentation of several articles of

value, to mark the esteem the givers have

for their friends at Metlakatla.

Dancing was continued until 2.30

ajn., when the guests, having sung "God

Save the King," dispersed to their homes,

leaving the wedded couple to enjoy the

bliss of matrimony in peace.

Mr. and Mrs. Leighton take up their

residence in a pretty home lately erected

on one of the best sites of Metlakatla.

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Prince Rupert Daily News, September 28, 1907

168

Page 15: ChapterSeven - Terrace Daily: Frontpage TheFirst Nations of the north werean important part ofthis open air meeting. Before theevent, one newspaper reported that their pres entation

Restricting Resource Use

em

Before European contact, the Tsimshian con

trolled the resources of the land. Through the system

of House Groups, the resources were effectively used

and managed for thousands of years. However, from

the 1870s onward, the Tsimshian saw control of the

resources taken away from them. Two main forces

were at work.

Firstly, the federal and provincial governments

brought in many laws to control when and how

resources could be used. Secondly, settlers and indus

try changed the accessibilty to the resources. They

built towns, roads, and railways, which encroached on

traditional territories. Industrial practices such as

clear-cut logging and mining caused environmental

damage to the land and its resources.

The introduction of Indian Reserves greatly

restricted access to the resources. Dozens of water

sheds that were the traditional inheritance of differ

ent House Groups were suddenly considered by the

colonizers to be "Crown Land." The Crown refers to

the King or Queen of Great Britain, but in fact it is

the Province of British Columbia that controls Crown

Land.

First Nations people were generally permitted to

hunt and gather food on Crown Land, as long as set

tlers hadn't purchased it. However, new laws restrict

ed the use of the resources on the Crown Land. There

were many, including the Forestry Act, the Fisheries

Act, the Game Act and the Migratory Bird

Convention.

All of these laws regulated when and where ani

mals and plants could be harvested. While most were

made for environmental reasons, they were a reaction

to increased usage by European settlers, not First

Nations use.

While Tsimshian people resisted the encroache-

ment on their lands and resources; they continue to

access them. So Tsimshian hunters found themselves

Shawatlans Lake became the reservoir to supply water to

Prince Rupert.

being arrested for hunting deer out of season. Licenses

were required for harvesting seafoods like crabs,

clams and abalone. In some cases people were not

allowed to collect cedar bark from trees as they had

always done, as a license was required to remove any

thing from the forests on Crown Land.

Many traditional methods of harvesting salmon

were banned or restricted. The stone traps at tidewa

ter were banned, and weirs and traps on rivers were

banned or licensed. As well, the control of how the

salmon was used was severely limited. First Nations

people were permitted to have what is called a "food

fishery." They could only catch enough salmon to

provide food for their communities for the year. It

was illegal for them to sell any fish. Only the canning

companies, it seemed, could make money from

salmon.

New laws and the encroachment of settlement all

had the effect of taking control of the resources away

from the Tsimshian. This was one more assault on the

people, striking at the heart of the culture.

Historically Tsimshian chiefs and political leaders

have fought for their rights to access their resources.

The land and resources are more than a supply of

food and material, they are the foundation of the cul

ture of Tsimshian people.

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Into the Twentieth Century \

The Native Brotherhood of B.C.

The Native Brotherhood of British Columbia was asked for changes to hunting and trapping laws to let ^

formed in 1931 to unify coastal peoples and to them continue their traditional practices without

improve their lives. restrictions. They asked to be able to fish for food !

Alfred Adams, an influential Haida leader from without permits.

Masset, had the original idea. He had attended sever- The first years were spent organizing local *n

al conventions of the Alaska Native Brotherhood, branches in other villages. Two prominent men did \

which was organized in 1912. He was impressed with much of this work. Chief Heber Clifton of Hartley° /wit

the unity between tribes that he witnessed there. He Bay and Chief Edward Gamble of Kitkatla were pow- :

felt such an organization would work in BC. erful leaders in their home villages and highly respect-

It was 1929 and the Great Depression hit the fish- ed throughout the north coast. Both gave considerable «i

ing industry hard. On the fishing grounds people time and money to further the cause. For example, ■

talked over their problems. Adams brought up the Heber Clifton often donated the use of his seine boat,

idea of an organization that would unite the First the Kwatsu. He visited every First Nations communi- \

Nations people of the North Coast. Together, they ty on the north coast in the work of the Brotherhood,

could overcome their problems. By 1936 eight more villages were represented in wj

He discussed his idea with Tsimshian leaders from the Brotherhood: Klemtu, Bella Bella, Bella Coola,

Port Simpson. He suggested that a meeting could be Kitamaat, Kispiox, Kitwanga, Kitsegukla and

held at Port Simpson to talk about forming an organ- Hazelton. Alfred Adams was elected president each J

ization. Chief Ernest Dudoward arranged a meeting year until his death in 1944. Clifton and Gamble, how-

of the chiefs of the nine tribes at Lax Kw'alaams. The ever, refused to take elected offices. They preferred ^

chiefs agreed to host the meeting. They would invite to work behind the scenes. Later they were both given \

people from any northern villages who wanted to the title of honorary president.

come. The Brotherhood continued to expand and ]

In December, 1931, the first meeting of the change. In 1942 the members of the Pacific Coast -.

Native Brotherhood of B.C. was held. There were del- Native Fishermen's association merged with the ^

egates from Masset, Hartley Bay, Kitkatla, Port Native Brotherhood. The nature of the Brotherhood \

Essington and Metlakatla. They approved the consti- changed with their joining. The members continued

tution and signed their first petition to the federal to work for changes in the laws governing First

government. Nations people. But the Brotherhood also became a

"Owing to the keen competition in our efforts for union which supported First Nations people in the ^

an existence," stated the preamble to the constitution, fishing industry. 1

"the time has come when we must organize for the The Brotherhood has always been a strong voice

betterment of our conditions, socially, mentally and for equal rights for First Nations people. Reaching "*]

physically." their goals was not always easy. Largely through the '

The petition included requests for improvements Brotherhood's efforts, First Nations people in British

in the lives of First Nations people. They wanted a Columbia were given the right to vote in the provin- {

vocational school on the North Coast so their children cial election in 1949.

could learn skills without being sent south. They \

170

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pw

flffl?

It was a long struggle, however, for leaders such

as Rev. Peter Kelly to see the federal vote finally

granted in 1960. Robert Clifton, son of founder

Heber Clifton and president that year, called it "a

wonderful victory."

The Brotherhood achieved its goals of improving

the lives of First Nations people. Today we take many

of their achievements for granted today. They helped

First Nations people to be eligible for Old Age

Pension and Family Allowance. Their work improved

medical and education services in reserve communi

ties. Their efforts helped to changed the BC School

Act to permit First Nations children to attend public

schools.

In recent years many new First Nations organiza

tions have been formed in BC, especially since Land

Claims negotiations got under way. Despite the chal

lenges of the declining fishing industry, the Native

Brotherhood still advocates for First Nations workers

in the fishing industry.

A Wonderful Victory-—»-• ■ I ll «l I Mil !«■

ROBERT CLIFTON

Granting of the federal vote to Native Indians is indeed a wonderful victory. Today we have cause to be proud of the great fight the

Native Brotherhood has conducted over the years. And we shouldhumbly give thanks to God for sustaining us in our struggled to winbetter conditions and equality of citizenship and education for the

Native people.

After years of 'wardship," years of hardship and suffering causedby the neglect and indifference of white governments to those who

were first in the land, Native Indians at last stand as full citizens.I am proud of my people, proud of what the Native Brotherhood

has accomplished and confident that out of their splendid heritage theNative Indians will make an ever greater contribution to the progress

of the country.ROBERT CLIFTON,

President,

Native Brotherhood

The Native Voice, Special Edition, 1960.

171

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Into the Twentieth Century

A Speech of WelcomeNative Brotherhood Meeting, Port Simpson, 1930s

Recorded by William Beynoni

A speech ofwelcome which was addressed to all the delegates at the convention ofthe Native

Brotherhood ofB. C. Delivered by one ofthe Chiefs, Nisyaganat, who had been elected by the other i

Chiefs at their own meeting to speak on their behalf. The speaker, Ambrose Reid (Nisyaganat)

spoke in Sm algygx, which William Beynon tranlated. H

Chiefs, Chiefs, and Brothers who have now come to our poor little village. The ways of the

new generation is how I will greet you. This is why I can speak in front of you without con- >

sideration of your position and thus I bother you. If this was years ago we would have taken

flight long ago. See these great people from out to sea, the Haidas? If this had been ages ago •**>

there would have been many people lying dead from fighting. The same with all of the Chiefs

and Princes who have come from all the villages. If this had been years ago you would have

seen all the Tsimshian Chiefs dance in front of each one of you. They would also have danced i

for each one of them. You would have felt very proud in your hearts. Well, this is why I have

now given this welcome for all the Chiefs of the great Tsimshian tribes. ™)

What you do, Chiefs, is good. Chiefs and Princes, the pride of the villages of the native

people, it is well that you discuss our hardships. You will not have any regard for your persons,

but sacrifice yourselves to walk in the wisdom of your thoughts. So, you will quietly do your :

work.

Chiefs and Princes, this is now your village. You came here peacefully, and it will be the «*t

same when you leave. You shall wait for good weather to depart from us. It would not be good :

if an accident should happen to any one of you. So Chiefs, work quietly, the hearts of the

Tsimshian tribes are happy that you do so. As long as you stay among us, the Tsimshians will ,

try to make you very happy and will show all of you happiness.

Well, today we have done everything wrong because we are of a new generation. This is ^

why we do what you see. Whatever is good that I have said you will take, and anything I may

have said that is not good, you will not take.

Well, keep on working, Chiefs, Chiefs Princes. Well, I see that there are others who do j

not know my tongue. I will try to use the one tongue that we all know. All my brothers from

Bella Bella and all those who can hear the things I say. m*j

The speaker then spoke in ChinookJargon which is practically used by all the Kwakuitl tribes: [

Chiefs, Chiefs, I will now give you a few words. The hearts of all the Chiefs of this vil

lage are happy because you have come to see them. It is not as it was in the past. When people }

172 i

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p*» met they were afraid of each other and fought. Now, this is not so. Now when friends see each

other they are very happy at heart. Our Haida friends fought us years ago, but now they do

not. They are now real friends to us.

P I am speaking for all of the Chiefs of this village. They say to you that they are very happy

at heart to see you. They want you to stay for awhile in their village. Do not go away at once

pm to your own village. They will be very happy if you stay. You have come here to make every-

thing well for us all. This is good work. This is a new thing that you do. It would not be good

if you would return home if the weather is stormy, but await a good day to return to your vil-

H lage. It would not be good if our friends met with misfortune while here. We will always try

to make your hearts happy.

cm If we always visit all our villages and see each other we will become very strong. Then no

; one can take advantage of us.

We will be powerful someday. If we take good care of ourselves everything will be good

f** for us. This the Chiefs of the village say to you. This we say to all of the Chiefs that have

come here, and all our friends. We will not forget you.

— There were many replies, but the one recorded was the best expression ofeloquence andphrase-

j ology, as it wasfrom the Kitkatlas. Spokesman, Henry Collison (Su-nats):

Yes, Chief Nisyaganat, we hear your voice. You stand for the powers of all the powerful

f™ tribes of the Tsimshians. Yes, Wii'Saaks and Nislgoxso recognize your voice and also their

spokesmen. Their hearts are happy when they recognize your voice and all the things that you

m say. Yes, what you say is true. Everything is changed from what the olden people used to do.

i But, you have shown us your heart, which is not changed. It was so that our forefathers used

to often visit each other years ago and danced for each other to show their friendship to each

f"1 other. Now we new men do not seem to be able to do as they did in the past. So now, our feel

ings are strengthened when we hear your voice. Now all my fellow visitors here have now heard

the voice of the Chief that represents all the great tribes of the Tsimshians. All that you have

said we will heed and we will follow the things you ask us to do. We will work quietly and con

sider everything peacefully.

173

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Into the Twentieth Century

Chapter 8

Looking Forward:

Tsimshian Society Today

Tsimshian people remain rooted in the lands and language of their ancestors, despite

the changes that have occurred to them.

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Tsimshian Governance Today

The government of Tsimshian communities The Band Council can pass resolutions or by-laws,

today is very different from the government found in which are similar to by-laws passed by a city or by the

P" other cities and towns. Tsimshian communities are on province. For example, they can make by-laws about

Indian Reserves, which under the laws of Canada are health, traffic, law and order, the building of roads,

m said to be Crown Lands. Crown lands are held in the bridges and water supply systems, public games and

) name of the Queen for the government. People living sports, and wildlife management.

on reserves cannot own the land. Everything they do Today Tsimshian Bands run their own health

f** must follow the Indian Act. services, social services, education, building and eco-

This is also very different from the way nomic development. Day-to-day operations are looked

mm Tsimshian communities were traditionallygoverned in after by the Band Manager.

\ the past. The hereditary system meant that chiefs

inherited their positions. The primary governing Tsimshian Tribal Council

^ agent was the Head Chief of the village. He was The Tsimshian Tribal Council (TTC) came into

directly responsible for the actions of the people in the existence in 1987 to provide a national, unified organ

ic community. A council formed of the chiefs of all the ization to engage in treaty negotiations and to protect

1 House Groups advised the Head Chief. resources within traditional territories.

Colonization and the Indian Act imposed a new Every November the Annual General Meeting is

P* system of governance. A new form of leadership held. All members of the Tsimshian Nation can

' existed alongside the hereditary chiefs. First Nations attend. They discuss issues and give directions to the

« communites elected individuals to form Band executive. The President is elected at this meeting

; Councils which administered the affairs of the com- every two years.

munity. Two other bodies give direction to the TTC.

f Today the Band Council is the form of govern- They are the Executive, made up of the elected band

ment found on Tsimshian Indian Reserves. A Chief chiefs and councillors from all the Tsimshian commu-

and Councillors are elected by people living in the nities and the Hereditary Chiefs who make up the

; community. Elections are held every two years and Board of Directors.

only those who are Status Indians are permitted to

P* vote. (Some bands can chose to have a custom coun

cil.) The Band council usually administers the funds

allocated to the Band by INAC (Indian and Northern

Affairs Canada) for the operation of the community.

175

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Into the Twentieth Century

f.' I 'S

The All Native Basketball Tournament

Since the early years of this century, basketball

has been played in First Nations communities along

the coast. It requires little equipment and can be

played indoors, a definite plus on this rainy coast.

Teams sometimes travelled from village to village

to compete. When the people worked at the salmon

canneries on the Skeena River during the summer,

the main recreation was playing basketball. It might

be in a net loft or on the dock, but somewhere around

the cannery you'd find a hoop.

In Prince Rupert, basketball was also very popu

lar. In 1947 the Prince Rupert Basketball Association

decided to host the Northern British Columbia Coast

Indian Championship tournament.

Seven teams played that year in Roosevelt

School's gym. Four hundred people turned out to

watch the three day event. The tournament was so

successful that the organizers decided to make it an

annual event.

For the next three years the games were played in

the old Civic Centre (where the liquor store is located

today). In 1950 the Native Basketball Association took

over the organization of the tournament.

The tournament began to lose momentum. In

1951 the weather was so bad that the outlying teams

couldn't make it to town. As well, there were few

hotels in Prince Rupert at that time, and teams and

spectators had difficult)' finding accommodation.

In 1953, interest was so low that only four teams

registered. To many people, it seemed to be the end of

All Native basketball in Prince Rupert.

Another Try

In the fall of 1959, some of the organizers of the

Prince Rupert Basketball Association were lamenting

the lack of interest in basketball. Fans weren't sup

porting it the way they used to.

A local businessman, Irwin Garfield, was the first

Photo courtesy Prince Rupert Daily News, 1998

to suggest bringing back the old tournament. Others

agreed, and the Prince Rupert and District All Native

Basketball Tourna-ment was born.

The first games were held at the Civic Centre at

the beginning of March, I960. Ten teams competed

in the Seniors division that year, and five in the

Intermediate. The Seniors final was as exciting as any

since, with Kitkatia defeating Kitamaat 61 to 57. The

tournament was a huge success, even making a bit of

money, and the trend was set.

The old Civic Centre couldn't hold all the people

who wanted to watch the final games, so in 1963, the

championship games were held in the gym of the new

Prince Rupert Senior Secondary School. 1000 fans

P!71

CFPT

Wft

176

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packed into the bleachers.

In 1968 the Civic Centre burned down, and the

whole tournament shifted to PRSS. The number of

teams had to be cut back, as the school gym was

reserved for the students in the morning. Everyone

was waiting for the new Civic Centre to be built.

Finally, in 1972, it was completed and the tournament

could move to the new facility. As a result, the num

ber of teams took a jump.

Into the 90s

In the early 1990s there was a feeling that the

tournament was getting away from its community

roots. So- called "super teams" included highly-skilled

players recruited and selected from a variety of com

munities. Many felt this took away from the feeling

of connection with the fans and the communities the

players were to represent.

Since 1992, the rules have been modified to

strengthen the community teams and to discourage

"super teams."

Other changes have taken place, too. Women

were not included in the All Native Tournament until

1993 when the ANT added the Women's Division to

its program. That same year, the Masters' Division

for men over 35 was also added. Now there are at least

50 teams competing in the tournament. To accom

modate the expansion, a second gym is used. At first

Charles Hays Secondary School gym was used, but

more recently the Civic Centre Arena has been tem

porarily transformed into a basketball court with a

portable floor.

There is never enough room for all the teams who

want to compete. Since 1992, a Qualifying

Tournament has been held in November. The top

nine teams in the tournament automatically qualify

for the next year's games, but other teams play off in

November for two open berths. The tournament

continues to grow and change to meet the needs of its

players, fans and communities.

The All Native Tournament has played a signifi

cant cultural and economic role on the North Coast.

First Nations from various communities come togeter

to showcase their skill in baketball. It provides an

opporutnity to celebrate their pride and identify as

they represent thier respective communities. It is

hugely significant and it also offers Prince Rupert an

economic boost during the winter.

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Into the Twentieth Century

Sm'algyax: The Heart of the CultureLanguage and culture are one in the same. A

society expresses its thoughts and values through its

language. That is why it is so important to keep

Sm'algyax, the language of the Tsimshian people,

alive.

Despite the efforts of the Residential Schools

and other forces of colonization, Smalgygx is still

spoken. However, there are very few fluent speakers

under the age of fifty.

Language revitalization has been underway in

some of the Tsimshian communities. Sm'algyax has

been taught in the village schools of Hartley Bay,

Kitkatla and Lax Kw'alaams since the 1970s.

Sm'algyax has been taught in Prince Rupert since

1997. Since 1999, the Sm'algyax program is a provin-

cially recognized curriculum which allows students

to qualify for a language credit for post secondary.

An important step in Sm'algyax revitilization

was the creation of the Ts'msyeen Sm'algyax

Authority in 1996 by a resolution of the Tsimshian

Tribal Council.

The Language Authority includes members

from the Tsimshian communities as well as urban

centres. At the core of the group are the elders or

other members who are fluent speakers and knowl

edgeable about the culture. They provide advice

and guidance about Tsimshian language and cul

ture, especially regarding the development of cur-

ricululm and resources. The Language Authority

also coordinates community based language pro

grams and projects such as the ongoing revisions of

the Sm'algyax Dictionary.

Sm'algyax is the expression of a distinct people

and culture. Under colonial policy, several genera

tions were subjected to an assault on First Nations

languages. Much work needs to be done by all

stakeholders to strengthen and revitalize the lan

guage. Many within the Nation are committed to

helping achieve this.

a aa

naxnox

''£-,

quemk

duutk

gaax Kauats

&m

ff*i

nrn

From a poster developed at Hartley Bay School.

178

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Tsimshian Treaty Negotiations

You have read in this book how the Tsimshian

people and other First Nations in British Columbia

face many roadblocks to having their Aboriginal title

and rights recognized. For over one hundred and

twenty five years, Tsimshian leaders have requested a

treaty with their people and the governments of

Canada and British Columbia. Today, the Treaty

Process is finally under way. However, it is a very

slow process.

In 1982, Canada's Constitutional Act was made

law. It recognized and affirmed existing Aboriginal

and treaty rights. The next year the Tsimshian

Nation announced the Tsimshian Declaration and

Claim to Territories. In 1986 the federal government

conditionally agreed to negotiate treaties, but only

under existing policies. The province still would not

recognize aboriginal rights or entertain the idea of

treaties.

By 1989 the Tsimshian Tribal Council (TTC) was

formed, principally to prepare for the treaty negotia

tions. That same year the province finally agreed to

deal with Aboriginal issues and formed the Ministry

of Aboriginal Affairs.

Two years later the TTC joined with nine other

First Nations in the north to sign the Northwest

Tribal Treaty. Together the northern Nations

strengthen their relationships, share resources and

offer a means to deal with internal issues such as

overlapping boundaries.

The BC Treaty Commission was formed in 1993

and the process officially got underway. It is a com

plicated process. Tripartite meetings are held with

representatives and lawyers for the Tsimshian

Nation, the Government of Canada and the

Government of British Columbia. The three parties

discuss what will be included in the final treaty. These

negotiations have been going on since April, 1996.

Many people are frustrated with the time it is taking

to reach an agreement.

The issue of recognition of Aboriginal rights and

title is several centuries old in Canada. First Nations

people have aboriginal rights which stem from their

original occupancy of the land. Complex legal battles

have been fought in courts over the years to deter

mine what those rights are. Negotiating treaties is a

practical way to define a new relationship between

First Nations, Canada and British Columbia.

Treaties would provide oppportunity for First

Nations to be independent and self-sustaining. They

would resolve a long-standing question for all

Canadians.

Steps in the Tsimshian Treaty Negotiations to 1999

April 7, 1991: Memorandum of Understanding signed

1993: BC Treaty Commission formed.

Stage 1: TTC presents Statement ofIntent to Negotiate,

December 15. 1993-

Stage 2: Preparing to negotiate. Completed December, 1995

Stage 3: Framework Agreement. Completed March, 1996.

Stage 4: Negotiation of an Agreement in Principle: on-going

Stage 5: Final Treaty

Stage 6: Implementation

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rpa

r

r

Appendices

r

181

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Into the Twentieth Century

A Timeline of Change of Persistence and Change

The Tsimshian Nation has resided in its traditional territory for thousands of years -

prior to European contact. The Tsimshian and other First Nations of North America

were self-sustaining societies with complex social, economic and political structures.

These complex systems continue today.

1763 Royal Proclamation of 1763 is signed. This document explicitly recognizes aboriginal

title; aboriginal land ownership and authority are recognized by the Crown as contin-

uing under British sovereignty. It states that only the Crown could acquire lands from j

First Nations and only by treaty. By the 1850s major treaties are signed with First

Nations east of the Rocky Mountains. "*"!j

1787 The first recorded contact of Tsimshian with Europeans. Recorded in both the

Kitkatla narratives about Saaban and the ship logs kept by Capt. James Colnett. j

1780s & 90s Smallpox epidemics break out on the coast, having a profound and devastat- ^

ing effect on the Tsimshian people.

1792-1793 Captain George Vancouver surveys the coast, applies names of his friends and asso- |

ciates to many Tsimshian sites.

1831Hudson's Bay Company (HBC) establishes Fort Nass (Fort Simpson) at the mouth o f

the Nass River.

1834 HBC moves Fort Simpson to Lax Kw'alaams. The chief trader, Dr. Kennedy,

marries Sudaai, the daughter of head chief Ligeex. ^

1836 A disastrous smallpox epidemic spread down the northern coast as far south as Port

Simpson. Its effects on the chiefly houses was noted as being greater than on other

families.

1840s Tsimshian move winter villages from Mctlakatla Passage/Prince Rupert Harbour to

Lax Kw'alaams.

1849 A British Colony is established on Vancouver Island. Chief Factor Douglas was

instructed to purchase First Nations land. He made 14 treaties in the area near

Victoria, 1850-54. The colony ran out of money for treaties. Small reserves were cre

ated as protection from aggressive land acquisition by settlers. Under Douglas, First

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Nations were able to acquire Crown land like settlers but after he retired the policy was

reversed. Colonial officials like Joseph Trutch said First Nations title had never been

acknowledged, and no compensation was offered.

1857 William Duncan, Anglican Church missionary, arrives at Fort Simpson.

1858 Fraser River Gold Rush. A colony is established on the mainland of British Columbia.

The influx of new immigrants changed the nature of the territory. Europeans and

Americans favoured "progress" over tradition and believed that the land was empty

and free for the taking, despite thousands of years of occupancy by First Nations peo

ple.

1862 Metlakatla established. Some Tsimshian people and William Duncan establish a new

community away from Fort Simpson.

• Another smallpox epidimic sweeps British Columbia, killing one third of the First

Nations population in the province.

1871 British Columbia joins Confederation. The population was made up of a majority of

First Nations people but they were given no role in the decision making process of the

province.

• Port Essington is established. Robert Cunningham and Tsimshian people from

Kitsumkalum and Kitselas establish a new community at the mouth of the Skeena

River.

1876 The Indian Act is established. It influences all aspect of a First Nations person's life

from birth to death. Indian Bands were created and Indian Agents became the inter

mediaries between First Nations people and the rest of the country. Anti-potlatch laws

were enacted, and responsibility for the education of children was given in large part

to church-run residential schools. First Nations people resisted the aggressive polices of

the governments. First Nations people retained a profound conviction that their hered

itary rights and title still existed.

• Inverness, first northern salmon cannery established on Skeena River. Fourteen more

are built in following decades on the Skeena alone, and more on the Nass and in Prince

Rupert. First Nations people are the backbone of the industry.

1879 Tsimshian meet with Indian Superintendent Powell to express concern for the preser

vation of fishing sites on the Skeena and Nass Rivers. They declare territorial owner

ship and want assurances that land claimed by the HBC would not be disturbed.

1882 First Tsimshian Indian Reserves are set out by Indian Reserve Commissioner Peter

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Into the Twentieth Century

flW-,1

I

1

O'Reilly for Port Simpson, Metlakatla and Kitkatla bands.

1887 February—A delegation of chiefs from the Nass and Port Simpson go to Victoria to

petition the government for the return of their lands and for a formal treaty granting ~

them their lands forever. **\

•August—William Duncan and 800 Tsimshian people leave Canada to establish New !

Metlakatla on Annette Island, Alaska.

•October— "A Royal Commission Enquiring into the State and Condition of the j

Indians of the North-West Coast of British Columbia." A joint federal and provincial

commission met in Kincolith, Port Simpson and Metlakatla, but was only empowered mj

to listen the people's grievances. Nothing resulted from this Royal Commission. \

1889 North Pacific Cannery begins operation on the Skeena River. Many workers are ]

Tsimshian from Metlakatla, Alaska.

1893 Duncan Campbell Scott becomes Deputy Superintendent General of the Department ■

of Indian Affairs. His stated objective was assimilation. He ruled the department until

1932. ™I

1899 Treaty 8 is negotiated in the Peace River district as a result of a protest blockade near ,—

Fort St. John. The First Nations halt the flow of miners and demand a treaty \

1905 The Grand Trunk Pacific (GTP) Railway acquires land on Kaien Island. ""1

1906 GTP negotiates with Metlakatla Band for surrender of reserve land on Kaien Island, ^

Digby Island and part of the Tsimpsean Peninsula. They pay $7.50 per acre and ,

acquired 13, 567 acres.

• Construction of Prince Rupert begins. ,

1909-1910 First Nations make application to King Edward VII to have the Privy Council deter- ^

mine aboriginal title. The request was denied.

1910 The City of Prince Rupert is incorporated. "1

•Prime Minister Wilfred Laurier visits Prince Rupert in August. Among those address- '

ing him were Tsimshian Chief Charles Dudoward and Haida Chief Henry Edenshaw.

He also visits Inverness Cannery and Metlakatla. In talking with First Nations people,

he expresses his support for their pursuit for aboriginal title. There is deep division

between the federal and provincial government as to the recognition of aboriginal title. "^

1913-1916 A Royal Commission on Indian Affairs in British Columbia is established in

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ijrfflff\

response to increasing pressure from new settlers in British Columbia. This is often

called the McKenna-McBride Commission. The Commission visited even' First

i Nations group in the province and received applications for additional resen-e lands. At

' their meetings, the Tsimshian bands argued for recognition of aboriginal title rather

f™ than adding to reserves. The Gitka'at (Hartley Bay) chiefs refused to meet with the

Commission. In some places, additional lands were reserved while in others lands were

cut-off and reserves reduced in size.

i

1915The Allied Tribes of British Columbia is formed, largely to support the Nisga'a Petition

r* which sought redress for land issues on the Nass. This group.which represented many

First Nations of B.C., including the Tsimshian, was the precursor to the Native

Brotherhood.

1922 Chief Dan Cranmer and his guests are arrested for attending his potlatch in Alert Bay.

<<™ Forty-five people are convicted and 17 are sent to prison. Their ceremonial regalia is

! also seized illegally, allowing for some of it to be repatriated later.

P" 1927 Indian Act amended to make it illegal for First Nations to raise money or retain a

lawyer to advance land claims, thereby blocking effective political court action.

p 193 1 The Native Brotherhood of British Columbia is formed at a December meeting at Port

I Simpson, with delegates from Masset, Hartley Bay, Kitkatla, Port Essington and

Metlakatla.

1949 Provincial vote: First Nations people in British Columbia are permitted to vote in

pm provincial elections.

1951 Parliament drops anti-potlatch and land claims activity laws from the Indian Act.

1960 Federal vote: First Nations people in Canada are permitted to vote in federal elections.

1960s Formation of Tribal Councils throughout the province.

f"™ 1968 The Davis Plan completely changes the fishing industry by reducing the size of the

fishing fleet. Many canneries, including North Pacific and Sunnyside, are shut down.

_ Hundreds of shoreworkers, who are predominately First Nations, are out of work.

1969 Nisga'as go to court with the Calder case.

tm • White Paper released. The Federal government, under Prime Minister Trudeau and

Minister of Indian Affairs Jean Cretien, issues its White Paper, advocating policies

which promote the assimilation of First Nations people. There is nation-wide political

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Into the Twentieth Century

activity to counter the White Paper. !

• Union of British Columbia Indian Chiefs formed.

1972 North Coast Tribal Council is formed in Prince Rupert to administer some services

previously delivered by Department of Indian Affairs. m,

• Indian Control of Indian Education policy document written by National Indian !

Brotherhood advocating parental responsibility and local control over First Nations

education. This policy is accepted by federal government a year later. /

1973 In the Calder case, the Supreme Court rules that the Nisga'a did hold title to their tra- ^

ditional lands before B.C. was created. The Court splits evenly on whether Nisga'a still

have title. The federal government adopts a comprehensive land claims policy. B.C.

refuses to participate. ">

1970s-1980s Increased First Nations action and the evolution of political structures. The ^

province of British Columbia still will not recognize aboriginal title nor negotiate S

treaties. Tribal Councils continue to emerge as representatives of historic tribal groups.

1982 Canada's Constitutional Act, Section 35, recognizes and affirms existing Aboriginal and

treaty rights. «»

1987 The case of Delgam Uukw vs Her Majesty The Queen begins in Smithers. The Gitxsan

and Wet'suwet'en people take the Government of Canada to court. The trial will con- "I

tinue until 1990. The location will be moved to Vancouver. The final decision will

come in 1991. ^

i

1989 Tsimshian Tribal Council is formed to preserve culture and pursue the redress of land

issues. ""*j

• The Premiers Council on Native Affairs is created to meet with First Nations and

prepare recommendations to the government on a range of issues. The Ministry of

Aboriginal Affairs is formed. 1

1990 • Oka Crisis receives national attention when Mohawk warriors in armed stand-off "*»

with the Quebec police and Canadian army over the land at Oka. First Nations across I

the country rally to support the Mohawks and to emphasize their demands for recog

nition of inherent aboriginal title and rights. I

• Sparrow Supreme Court decision concludes that the Musqueam people's aboriginal

right to fish for food and ceremonial purposed has not been extinguished. """>

• British Columbia agreed to join the First Nations and Canada in treaty negotiations. >

• First Nations, B.C. and Canada agree to establish a task force to develop a process for

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firm

land claim negotiations in B.C.

! 1991 • B.C. Chief Justice McEachern dismisses the Gitxsan-Wet'suwet'en Chiefs' claim in

the case of Delgamuukw v. Her Majesty the Queen. The Gitxsan-Wet'suwet'en

|™ appeal to the Supreme Court of Canada.

: • Nisga'a Tribal Council, B.C. and Canada sign a tripartite framework agreement

which sets out the scope, process and topics for negotiations. This agreement is outside

j the treaty process which is subsequently put in place.

P*1 1992 Treaty Commission established by the First Nations Summit, Canada and B. C.

1993 The B. C. Treaty Commission begins the treaty negotiation process.

1994 The Tsimshian Nation begins treaty negotiations. The B.C. Treaty Commission, B.C.

p and Canada hold initial meetings with the 42 First Nations, including the Tsimshian,

1 who have submitted Statements of Intent to negotiate.

I 1995 Gustafson Lake standoff. A major military operation was directed at a small group of

protestors in the interior of BC near Clinton.

r\ 1996 A Framework Agreement is signed by the Tsimshian Nation, Canada and British

Columbia on March 21. This is Stage 3 of the Treaty Process.

) • The Nisga'a, BC and Canada sign an Agreement-In-Principle.

• The Royal Commission on Aboriginal Peoples was completed. The Commission,

m begun in 1991, makes recommendations which cover a wide range of Aboriginal issues.

1997 Delgaum Uukw Case: The Supreme Court hands down its unanimous decision on the

P Delgam Uukw Case. It rules that aboriginal title to the land has never been extin

guished. It said McEachern had erred by not accepting oral history as evidence. The

m claim was sent back to trial, suggesting that negotiations were the best way to resolve

\ outstanding claims.

pm

1998 Statement of Reconciliation offered by Government of Canada in response to the

Royal Commission on Aboriginal Peoples, which includes the words: "To those ofyou

who suffered this tragedy at residential schools, we are deeply sorry."

2000 Nisga'a Land Claims Treaty given final assent by the Government of Canada, April 13.

j-:!JUI

f-ft'fa

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Into the Twentieth Century

The Royal Proclamation of 1763i

The Royal Proclamation was signed by King George III ofEngland in 1763- It recognizes abo

riginal title; aboriginal land ownership and authority are recognized by the Crown as continu- ^

ing under British sovereignty. It states that only the Crown could acquire landsfrom First \

Nations and only by treaty. Here is a portion ofthe Royal Proclamation:

\Indian Provisions

And whereas it is just and reasonable, and essential to our Interest, and the Security of our

Colonies, that the several Nations or Tribes of Indians with whom We are connected, and j

who live under our Protection, should not be molested or disturbed in the Possession of such

Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, ""I

are reserved to them, or any of them, as their Hunting Grounds - We do therefore, with '

the Advice of our Privy Council, declare it to be our Royal Will and Pleasure, that no

Governor or Commander in Chief in any of our Colonies of Quebec, East Florida or West |

Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any

Patents for Lands beyond the Bounds of their respective Governments, as described in their ""!

Commissions: and also that no Governor or Commander in Chief in any of our other

Colonies or Plantations in America do presume for the present, and until our further

Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the j

Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West

and North West, or upon any Lands whatever, which, not having been ceded to or pur- ^

chased by Us as aforesaid, are reserved to the said Indians, or any of them. ;

And We do further declare it to be Our Royal Will and Pleasure, for the present as afore- j

said, to reserve under our Sovereignty, Protection, and Dominion, for the use of the said

Indians, all the Lands and Territories not included within the Limits of Our said Three new ^

Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, I

as also all the Lands and Territories lying to the Westward of the Sources of the Rivers

which fall into the Sea from the West and North West as aforesaid. \

And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from ™>

making any Purchases or Settlements whatever, or taking Possession of any of the Lands \

above reserved, without our especial leave and Licence for that Purpose first obtained.

i

"I

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And We do further strictly enjoin and require all Persons whatever who have either wilfully

or inadvertently seated themselves upon any Lands within the Countries above described or

upon any other Lands which, not having been ceded to or purchased by Us, are still reserved

to the said Indians as aforesaid, forthwith to remove themselves from such Settlements.

And whereas great Frauds and Abuses have been committed in purchasing Lands of the

Indians, to the great Prejudice of our Interests, and to the great Dissatisfaction of the said

Indians: In order, therefore, to prevent such Irregularities for the future, and to the end that

the Indians may be convinced of our Justice and determined Resolution to remove all reason-

able Cause of Discontent, We do, with the Advice ofour Privy Council strictly enjoin and

require, that no private Person do presume to make any purchasefrom the said Indians ofany

Lands reserved to the said Indians, within those parts ofour Colonies where We have thought

proper to allow Settlement: but that, ifat any Time any ofthe Said Indians should be inclined

to dispose ofthe said Lands, the same shall be Purchased onlyfor Us, in our Name, at some pub

lic Meeting or Assembly ofthe said Indians, to be heldfor that Purpose by the Governor or

Commander in Chiefofour Colony respectively within which they shall lie: and in case they

shall lie within the limits of any Proprietary Government, they shall be purchased only for

the Use and in the name of such Proprietaries, conformable to such Directions and

Instructions as We or they shall think proper to give for that Purpose: And we do, by the

Advice of our Privy Council, declare and enjoin, that the Trade with the said Indians shall be

free and open to all our Subjects whatever, provided that every Person who may incline to

Trade with the said Indians do take out a Licence for carrying on such Trade from the

Governor or Commander in Chief of any of our Colonies respectively where such Person

shall reside, and also give Security to observe such Regulations as We shall at any Time chink

fit, by ourselves or by our Commissaries to be appointed for this Purpose, to direct and

appoint for the Benefit of the said Trade:

Given at our Court at St. James's the 7th Day of October 1763, in the Third Year of our

Reign.

GOD SAVE THE KING

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Into the Twentieth Century

Northwest Tribal Treaty

We, the Northwest First Nations have occupied and governed our respective territories since

time immemorial. The Creator put us on our territories and gave us laws in which to define

and govern our relationships with each other and with the animals, plants, lands, waters and

air.

We have maintained our spiritual beliefs, our languages, our way of life and traditions. We

have done this through intermarriage and the exchange of material and food resources, and

shall continue to do so through infinity.

We, the signatories to the Treaty, are of one heart in the advancement and protection of our

common interests identified in the following principals:

1) We shall continue to practice our own tribal political system and laws, and we intend these

separate jurisdictions to continue.

2) We shall continue to express our sovereignty as Nations.

3) We shall assist each other to reaffirm our continuing Hereditary Title and give expression

to our rights; and to defend these rights against any erosion through external forces.

4) We shall collectively join the other First Nations efforts to pursue the explicit recognition

of aboriginal title in Canada's constitution.

5) We shall continue to enter into bilateral and multilateral relationships with each other to

strengthen and assist in settling matters and common concerns regarding our respective cul

tural identites, traditions, diversity, equality of our peoples, and our common boundaries

according to our traditional laws.

6) We shall, in the spirit of sharing and co-existence, continue to enter in mutually beneficial

relationships regarding access to traditional territories and natural resources. These include all

resources that come from our territories.

We, as represented by the undersigned leaders of the respective First Nations, reaffirm these

principles by this Treaty.

Signed by: Tsimshian Nation, Haisla Nation, Wet'suwet'en Nation, Gitxsan Nation,

Gitanyow Nation, Carrier Sekani Nation, Lake Babine Band.

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Tsimshian Nation Framework

Agreement

This Framework Agreement is dated February 21, 1997

BETWEEN:

THE TSIMSHIAN NATION comprised of:

Kitasoo/Xaixais First Nation,

Gitga'at First Nation,

Kitkatla First Nation,

Metlakatla First Nation,

Lax Kw'alaams First Nation,

Kitsumkalum First Nation

t Kitselas First Nation

as represented by the Representative(s) of each Tsimshian First Nation, the Chief Negotiator

for the Tsimshian Nation and the President of the Tsimshian Tribal Council ("the Tsimshian

Nation")

AND:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of

Indian Affairs and Northern Deveiopment("Canada")

AND:

HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA as represented by the

Minister of Aboriginal Affairs ("British Columbia")

(collectively the "Parties")

WHEREAS:

A. The Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights

of the Aboriginal peoples of Canada, and treaty rights include rights that now exist by way of

land claims agreements or that may be so acquired.

B. The Tsimshian Nation asserts that it is the original peoples within the Territory and that they

have Aboriginal rights and the right to govern themselves within the Territory.

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Into the Twentieth Century

C. The Parties are committed to negotiating a treaty in accordance with the BCTC Process.

D. The Parties are committed to negotiating a treaty that will establish the foundation for a j

new and ongoing relationship based on mutual respect, understanding and trust, and will pro

vide certainty for all Parties. ^

>

E. The Tsimshian Nation, Canada and British Columbia enter into these treaty negotiations for

the purpose of providing clarity and certainty of jurisdiction, governance arrangements and j

ownership of lands and resources within the Territory.

F. The Tsimshian Nation has never signed a treaty or land claim agreement with the British \

Crown, Canada or British Columbia.

G. Canada and British Columbia acknowledge that there are different circumstances affecting

the individual Tsimshian First Nations, such as geography, economies and population. ^

H. The Tsimshian Nation intends to negotiate an Agreement-In-Principle which will provide

for the differing circumstances of individual Tsimshian First Nations. The Tsimshian Nation "*'

therefore seeks an Agreement-In-Principle which will incorporate Sub-Agreements and First

Nation Agreements to address matters that are of particular interest to one or more Tsimshian „>

First Nation(s). j

I. The Parties acknowledge the importance of providing public access to the treaty process ^|

while recognizing the need to conduct effective negotiations and consequently the Parties have '

provided for public access to the process in an agreement, referred to as the "Openness Protocol

of the Tsimshian Treaty Process". j

J. The Parties seek a Final Agreement which is intended to provide increased economic devel- "®j

opment opportunities for the Tsimshian Nation and will assist the Tsimshian Nation with its '

aspirations for sustainable and self reliant communities. _

1. DEFINITIONS

1.1 "Agreement-In-Principle" means the agreement approved as evidenced by signatures of the H

Parties at the end of Stage 4 of the BCTC Process, and may be comprised of various Sub- >

Agreements, First Nation Agreements and other provisions as agreed.

1.2 "BCTC" means the British Columbia Treaty Commission.

11.3 "BCTC Agreement" means the British Columbia Treaty Commission Agreement executed '

by the First Nations Summit, Canada and British Columbia dated September 21, 1992 and

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includes amendments made to it from time to time.

1.4 "BCTC Process" means the six stage negotiation process described in the Report of the

r British Columbia Claims Task Force dated June 28, 1991 and referred to in the BCTC

Agreement.

1 1.5 "Chief Negotiator" means the negotiator appointed by each of the Parties for the Tsimshian

negotiations which will be conducted in accordance with the BCTC Process.

1.6 "Final Agreement" means the agreement ratified by the Parties at the end of Stage 5 of the

r> BCTC Process.

1.7 "First Nation Agreement" means an agreement or other arrangement between Canada,

I5™ British Columbia, and one or more Tsimshian First Nation(s).

p 1.8 "Main Table" means the table at which negotiations are conducted and at which each Party

! is represented by its Chief Negotiator or their designates. Chief Negotiators or their designates

would attend sessions at this table.

1.9 "Overlap" means a geographic area within the Territory which is claimed by a First Nation,

P* whether participating in the BCTC process or not, other than the Tsimshian Nation.

1.10 "Sub-Agreement" means a part or parts of an Agreement-In-Principle which set(s) out the

f™ agreement on any of the substantive issues negotiated.

p, 1.11 "Territory" means the geographic areas identified by the Tsimshian Nation as its tradition-

! al territories on the map attached to the December 15, 1993 Statement of Intent filed with the

BCTC.

1.12 "Tsimshian First Nation" for the purposes of this agreement, means any one of the fol-

r lowing:

' Kitasoo/Xaixais First Nation,

Gitga'at First Nation,

P Kitkatla First Nation,

Metlakatla First Nation,

Lax Kw'Alaams First Nation,

' Kitsumkalum First Nation or

Kitselas First Nation.

1.13 The "Tsimshian Nation" is a First Nation as defined in the BCTC agreement and is com

prised of all Tsimshian First Nations.

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2. PURPOSE

2.1 The purpose of this Agreement is to promote efficient, effective, and orderly negotiations

leading to completion of the Agreement-In-Principle stage of the BCTC Process. This

Agreement guides the approach to and the process for negotiations among the Parties; identi

fies the scope of negotiations; and establishes an agenda and a timetable for the negotiations. mj

3. SCHEDULE AND TIMING

3.1 The Parties will negotiate with the intention of concluding an Agreement-in Principle with- ?

in 36 - 48 months of the signing of this Agreement.

4. PARTIES TO THE AGREEMENT-IN-PRINCIPLE

4.1 The Parties to the Agreement-In-Principle and resulting agreements will be the Tsimshian

Nation, Canada and British Columbia. H

5. SUBSTANTIVE ISSUES FOR NEGOTIATION ^

5.1 The following is a list of the substantive issues that the Parties intend to address during \

Agreement-In-Principle negotiations. The list is not intended to be exhaustive and may be

amended in accordance with Section 5.3.

5.1.1 Governance

Structure of Tsimshian Government

Law-making Authority/Jurisdiction

Health and Social Services

Education and Training

Policing

Community Infrastructure „_

Intergovernmental Relationships

5.1.2 Natural Resources: Management and Harvesting

Fish "I

Wildlife lForests _

Waters j

Mining, Mineral and Sub-surface

5.1.3 Lands H

Quantum and Selection ;

Tenure

Access ]

Parks and Protected Areas

Cultural and Heritage Resources ""}

5.1.4 Environmental Assessment and Protection ■

5.1.5 Offshore Areas and Ocean Management

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5.1.6

5.1.7

5.1.8

5.1.9

5.1.10

5.1.11

5.1.12

Fiscal and Economic Arrangements

Cash

Cash Equivalent Benefits

Eligibility and Enrolment

Ratification

Dispute Resolution

Amendment

Implementation

Certainty

1 5.2 The negotiation of a substantive issue listed in Section 5.1 does not commit any of the

Parties to conclude an agreement on that issue, or any component of that issue.

!

5.3 The Chief Negotiators may, by agreement in writing, amend the list of substantive issues

pm for negotiation as set out in Section 5.1, and any protocol or procedural agreements referred to

! in this Agreement.

P 5.4 The Chief Negotiators may agree that any substantive issue or elements of a substantive

issue may be more appropriately dealt with outside the BCTC process.

5.5 The Parties agree that there may be substantive issues or elements of substantive issues that

require regional and/or provincial negotiations and such issues will be identified and negotiatedrl" 1

accordingly.

_ 5.6 The Parties agree to negotiate an Agreement-In-Principle which includes Sub- Agreements

I and may include First Nation Agreements.

I™ 5.7 As much as possible, Agreement-In-Principle negotiations will be conducted by the Parties

1 but there may be circumstances where Canada and British Columbia will negotiate directly

with individual Tsimshian First Nations.

5.8 Where the Parties agree to negotiate a matter with the intention of developing a First

Nation Agreement, the Parties will consider the appropriate timing and procedures taking into

account the relationship between those negotiations and the overall Agreement-In-Principle

negotiations.

5.9 The question of which issues require constitutional protection and which issues arc not to

be constitutionally protected will be addressed prior to conclusion of an Agreement-In-

Principle.

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Into the Twentieth Century

6. NEGOTIATION PROCESS I6.1 The Chief Negotiators will be responsible for the conduct and co-ordination of negotiations.

6.2 Negotiations will be conducted at the Main Table. The Main Table will be responsible for:

6.2.1 Managing the negotiation process including the development of workplans m

and the setting of priorities; ;

6.2.2 Establishing working groups, side tables, and other processes, as required;

6.2.3 Implementing the "Principles for Information Sharing During Tsimshian j

Treaty Negotiations" agreement;

6.2.4 Implementing the "Openness Protocol of the Tsimshian Treaty Process" m^

agreement and

6.2.5 Implementing detailed procedures, consistent with this Agreement, to guide

the Parties during the Agreement-In-Principle negotiations as outlined in the ';

"Stage 4 Procedures Agreement".

6.3 Any substantive issue listed in Section 5.1 which is to be included in the Agreement-In- j

Principle must be negotiated and agreed to by the Parties.

6.4 The Parties agree the results of each negotiation of a substantive issue will be recorded in

a Sub-Agreement of the Agreement-In-Principle. The Chief Negotiators and the Negotiators ,_

for each Tsimshian First Nation will signify their agreement on a substantive issue by initialling j

the Sub-Agreement.

6.5 Any Chief Negotiator may request that any initialled Sub-Agreement or Agreement-In- '

Principle be reconsidered for amendment. The initialled Sub-Agreement or Agreement-In-

Principle may only be amended, by agreement in writing, by the Chief Negotiators and the |

Negotiators for each Tsimshian First Nation.

6.6 The Chief Negotiators for Canada and British Columbia and Negotiator(s) from one or '

more Tsimshian First Nations who have negotiated a First Nation Agreement shall signify their

agreement by initialling the First Nation Agreement. I

6.7 Once they have initialled all of the Sub-Agreements and First Nation Agreements to the H

Agreement-in-Principle, the Chief Negotiators and the Negotiators for each Tsimshian First

Nation will take the necessary steps to complete a draft Agreement-In-Principle by consolidat-

ing all Sub-Agreements, First Nation Agreements and other provisions as agreed. i

6.8 The Chief Negotiators and the Negotiators for each Tsimshian First Nation will signify H

their agreement on an Agreement-In-Principle by initialling it, and they will recommend the I

completed Agreement-In-Principle to their respective Parties for approval.

196

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6.9 The Parties will approve the Agreement-In-Principle by signing it.

6.10 After the signing of the Agreement-In-Principle, the Parties will negotiate, on a timely

basis, with the intention of concluding a Final Agreement based on the Agreement-In-Principle.

7. OVERLAPPING CLAIMS

7.1 The Tsimshian Nation shall resolve any Overlap claims it may have with other First Nations

and periodically report on the status of Overlap claims to the Main Table.

7.2 Where Canada and British Columbia are engaged in active negotiations under the BCTC

Process with First Nations bordering the Territory, Canada and British Columbia will periodi

cally report to the Main Table on the status of those negotiations.

7.3 If the process to resolve Overlaps is not successful, or is found to be interfering with the

successful conclusion of negotiations, the Tsimshian Nation will consider other options to

resolve the Overlap, including seeking assistance from the BCTC.

8. NEGOTIATION FUNDING

8.1 Each Party will be responsible for obtaining funding for its participation in the negotiation

process.

9. INTERPRETATION

9.1 This Framework Agreement is not legally binding and is not intended to create, recognize,

affirm, deny or amend any of the rights of the Parties.

9.2 Neither this Framework Agreement or any Agreement-In-Principle which may flow from

it are intended to constitute a treacy or a land claims agreement within the meaning of Sections

25 and 35 of the Constitution Act, 1982.

9.3 The Final Agreement is intended to be a treaty and is intended to constitute a land claims

agreement within the meaning of Sections 25 and 35 of the Constitution Act, 1982.

9.4 This Agreement and the negotiations leading up to or carried out pursuant to it are with-

out prejudice to any legal positions that have been or may be taken by any of the Parties in any

court proceeding, process or other forums, and shall not be construed as an admission of fact

or liability in any such proceeding or process.

10. APPROVAL OF THIS AGREEMENT

10.1 The Chief Negotiators and the Negotiators for each Tsimshian First Nation, by initialling

this Agreement, will signify their intention to recommend it to their respective Parties for

197

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Into the Twentieth Century

approval. !

10.2 The Parties will approve this Agreement by signing it. j

10.3 The Representative(s) of each Tsimshian First Nation, the Chief Negotiator of the _

Tsimshian Nation and the President of the Tsimshian Tribal Council are authorized to sign this |Agreement on behalf of the Tsimshian Nation.

10.4 The Minister of Indian Affairs and Northern Development is authorized to sign this

Agreement on behalf of Canada. ^

10.5 The Minister of Aboriginal Affairs is authorized to sign this Agreement on behalf of

British Columbia.

11. AMENDMENTS «|

11.1 Except where otherwise provided, this Agreement may only be amended by agreement of j

the Parties in writing.

12. DISPUTE RESOLUTION

12.1 Dispute resolution mechanisms will be used, when agreed to by the Parties, to assist with

the resolution of disputes among the Parties.

13. SUSPENSION OF NEGOTIATIONS

13.1 Any Party may suspend the negotiations contemplated by this Agreement by providing

written notice, which also sets out the reasons for suspension and the date that the suspension

commences, to the other Parties and to the BCTC.

14. INTERIM MEASURES

14.1 The Parties acknowledge their acceptance of the following recommendation made by the

British Columbia Claims Task Force concerning Interim Measures:

"16. The Parties negotiate Interim Measures Agreements before or during the treaty nego

tiations when an interest is being affected which could undermine the process."

15. ELIGIBILITY FOR GOVERNMENT PROGRAMS

15.1 During the negotiations process, the Tsimshian will continue to enjoy the same rights and

benefits as any citizen of Canada and resident of British Columbia, and will have access to the

various programs and services of Canada and British Columbia in effect from time to time,

including those directed to Aboriginal People and their organizations in accordance with the cri

teria established from time to time for the application of those programs and services.

i

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fffrt

mfl

Signed on behalf of the Signed on behalf of the:

Kitasoo/Xaixais First Nation

Kitsumkalum First Nation

Gitga'at First Nation

Kitselas First Nation

Kitkatla First Nation

Lax Kw'Alaams First Nation

Tsimshian Nation: Robert H. Hill, President Tsimshian Tribal Council and Gerald D. Wesley,

Chief Negotiator

Signed on behalf of Her Majesty the Queen in Right of Canada:

The Honourable Ronald A. Irwin Minister of Indian Affairs and Northern Development

Signed on behalf of Her Majesty the Queen in Right of British Columbia

The Honourable John Cashore Minister of Aboriginal Affairs

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Into the Twentieth Century

Sm'algyax Pronunciation Guide and Glossary

Note:

t (barred-l) is pronounced in a similar way to

"thl"

x is pronounced like the "ch" in the Scottish loch

or German nicht.1

adawx (a-DOWx) sacred narratives.

Aksk (ak-sk)a proper name.

Ganhada (gun-HA-da) Raven clan.

Gidiganiitsk (gid-ee-gun-EETSK) A Tsimshian

tribe.

Gilax'aks (gil-ax-aks)proper name

Giluts'aaw (gil-oots-OW) A Tsimshian tribe.

Ginax'angiik (gin-ax-un-GEEK)A Tsimshian

tribe.

Gispaxlo'ots (gis-pax-LO-OTS)A Tsimshian

tribe.

Gispudwada (gis-pud-WA-da) Blacksfish or

Killerwhale clan.

Gitando (GIT-un-doe)A Tsimshian tribe.

Gitka'at (git-KA-AT)A Tsimshian tribe.

Gitlaan (git-LAN) A Tsimshian tribe.

Gits'ilaasu (gits-i-LA-soo) A Tsimshian tribe.

Gitsax-ia-> (git-sa-XOAO) A Tsimshian tribe.

Gitsiis (git-SEES) A Tsimshian tribe

gitsonk (git-SONK) Special carvers who created

masks and other cermonial art

Gitwilgyoots (git-wil-GYOTS) A Tsimshian

tribe

Girwilsaba (git-wil-sa-BA) A Tsimshian tribe

Git°xaa-ia (git-KXA--ia) A Tsimshian tribe

gwuldm'niits (gwil-dm-NEETS) astronomers

Gyemk lis'yaan (gyemk lis-YAN) a constellation

Haimas (hi-MASS) A proper name

halaidm swanaskxw (ha-LIE-dm SWANSK-xw)

shaman

halait (ha-LITE) sprititual power, dance, magic

K'tsim-a-deen (kt-sm-a-DEEN) place name

k'wila'maxs (kwil-a-maxs) Hudson's Bay tea

Lax Klan (lax KLAN) place name

Lax Kw'alaams (lax kw-a-LAAMS) place name

Laxkibu (lax-key-BOO) Wolf clan

Laxsgiik (lax-SKEEK) Eagle clan

Ligeex (li-GAYX)

luwi (LOO-ee) alder

maalsk (melsk) historical narratives

mansm'ooygit (man-sm-OY-git) head chief

Nisyaganat (nis-ya-gun-AT) proper name

pte'ex (p-TAY-ax) clan

ptoof-sginiist (p-toe-thl sgNEEST) pitch

platform

Seks (sakes) proper name

Skagwait (skag-WAIT) proper name

Sm'algyax (sm-al-gyax) the Tsimshian language

Sm'oogyit Laxha (sm-OY-git la-XHA) Supreme

Being, God

sm'ooygit (sm-OY-git) chief

steti (STET-ee) stinging nettle

T'amks. (t-amks) proper name

T'sak (ts-AK) proper name

ts'ap (ts-AP) tribe or village

Ts'msyeen (tsm-see-YAN) Tsimshian

waap (wap) house

Wil Ha-iye- Mediik (wil ha-i-YEO ma-deek)

Wilgamganskos Gilax'aks (wil-gulm-gun-

SKOHS gil-AKS) house name

wooms (womes) devil's club

200