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