Mr. Speaker, I am very honoured to be speaking to Bill C-9, the Nisga'a treaty. I would like to give the hon. members a description of who the Nisga'a people are, where they live and how their land claims agreement and the bill giving it effect have arrived here for the consideration of the House.
The Nisga'a live along the Nass River in a relatively remote area of northwestern British Columbia, 100 kilometres north of Terrace and Prince Rupert.
Other than the 2,500 Nisga'a who live in four villages along the river and at its mouth, approximately 125 other permanent residents occupy the 24,000 square kilometres of this valley. The only communities in the Nass Valley are Nisga'a communities.
Like many other similar northern British Columbia rural areas, forestry is by far the most important economic activity, although fishing, ecotourism, pine mushroom harvesting and a few service industries also contribute to employment. There are no mines or mineral claims, nor other major industries on the proposed Nisga'a land.
The Nisga'a who live in the Nass Valley are one cultural group based among the northwest coast aboriginal people. They have a complex culture based on the rich resources of the sea. Historically, like other northwest coast people, the Nisga'a were great artists, builders and crafts people. They still are and their art graces the exteriors and interiors of many of the buildings in their villages.
Salmon and the other resources of the Nass provide both food and the raw material for Nisga'a architectural, artistic and social achievements.
The Nisga'a live in large and beautifully built cedar post and beam houses located in the permanent villages. They have built ocean-going canoes, great totems, masks, horn spoons and many of the implements of everyday life.
Here on the banks of the Ottawa River, Nisga'a artistic and cultural achievements are on view in the Grand Hall of the Museum of Civilization and in the recently mounted “Common Bowl” exhibit. They can also be found in many of the world's museums. Nisga'a artists are also well represented in the world's art galleries.
Today about 2,500 of the 5,500 Nisga'a live in four villages: Kincolith, Greenville, Canyon City and New Aiyansh. Most of the other Nisga'a live in Terrace, Prince Rupert or Vancouver. Many Nisga'a still speak their traditional language, although everyone also speaks English.
Nisga'a villages have modern housing and infrastructure. The schools and community buildings are in constant use to hold Nisga'a social, cultural and ceremonial activities.
Although some of the Nisga'a share the difficulties common to all aboriginal communities, such as high unemployment and family breakdown, the Nisga'a have worked very hard to improve their circumstances. A high value is placed on schooling and post-secondary education. The Nisga'a operate their own provincial school district, school district No. 92. It offers kindergarten to grade 12 for both Nisga'a and other residents of the Nass Valley. One seat on the elected school board is reserved for a non-Nisga'a resident.
The Nisga'a also operate a post-secondary college in conjunction with the University of Northern British Columbia. It offers degree programs, life skills training, culture and language programs.
They also operate their own health board and again provide for non-Nisga'a representation.
Like other aboriginal people in Canada, the Nisga'a have struggled with the effects of the reserve and Indian Act system, residential schools and the lack of opportunities. However, they have taken up every available opportunity to take over education, health care, social and family services and other government programs seeking wherever they could to strengthen their families and communities.
They have also worked co-operatively with their neighbours. They participate in regional district government where a Nisga'a elder, Harry Nyce, who visited the House on the day this legislation was introduced, sits on the board. They also have for a number of years played a role in the Pacific Salmon Commission and its northern panel.
The Nisga'a have pursued a settlement of what they describe as the land question since at least 1887 when, as members of this place have heard, Nisga'a chiefs first travelled to the legislature in British Columbia to seek recognition of the aboriginal title, a treaty settlement and a measure of self-government. Their trip to Victoria was unsuccessful. In 1890 they established their first land committee and in 1913 that committee sent a petition to the privy council in England seeking to resolve the land question. Again, they were unsuccessful.
From the 1920s to the 1950s, the Nisga'a and other first nations' efforts to have their rights recognized and practise their culture were restricted. Legislation outlawed traditional practices such as the potlatch and made it illegal to raise money to advance land claims.
Following repeal of this legislation in 1955, the Nisga'a re-established their land committee. Under the leadership of Mr. Frank Calder, the tribal council took the land question to the courts. This was a bold decision and a mark of the Nisga'a commitment to seek a resolution of their rights. Many other first nations were concerned that this court case might be unsuccessful, but in the face of unfavourable lower court decisions, the Nisga'a pursued their case to the Supreme Court of Canada.
In 1973, the supreme court issued the Calder decision. Although the court split evenly on whether the Nisga'a continued to hold aboriginal title, it recognized the possibility of aboriginal rights and title continuing to exist in Canada. This decision was a major factor in prompting the government of the day to adopt a policy of negotiating land claims where they had not already been settled in Canada.
The Nisga'a were one of earliest groups to take up negotiations as part of this new process. They commenced in 1976. However, without the participation of the Government of British Columbia, progress on issues related to land could not be made. In 1990, the provincial government joined the process, and after that the pace of the negotiations began pick up.
Five years after signing an agreement on how to proceed with negotiations, the two governments and the Nisga'a signed an agreement in principle, which set out the main elements of the agreement which is before us today. Two and a half years later, the parties initialled the final agreement, a great achievement and culmination of over 100 years of perseverance by the Nisga'a.
The members of the House have heard a good deal about the consultations by the governments which accompanied the negotiations, consultations which included resource and other business interests, labour, local government and many interested Canadians. What has not been said is how the Nisga'a consulted with their own people throughout the negotiations. Every year the Nisga'a negotiating team met with a special assembly of all their members. These special assemblies were well attended and included information sessions on every aspect of negotiations. Strategies were reviewed and directions given to the negotiators.
Not only that, the Nisga'a brought many of their people, elders, band councillors and others to observe negotiations and report back to their communities. Prior to ratifying the final agreement, they conducted extensive briefings in every one of their communities and their Terrace, Prince Rupert and Vancouver urban locals, and they have also maintained an excellent website.
In these and many other ways, the Nisga'a negotiators have provided detailed information to every interested Nisga'a person on this proposed treaty.
In the face of this history, it is disturbing to hear from the official opposition members that Nisga'a cannot know for themselves whether this final agreement is good for them or not. I think the history of the negotiations of the Nisga'a land question shows very clearly that the Nisga'a are quite capable of making up their own minds, as they have.
I will end by pointing out to all members of the House that in the process of negotiating the land question, the Nisga'a developed a philosophy they call the “common bowl”. The common bowl is their pledge to work in concert to settle their claim and to share among all their people the benefits of that settlement.
It is time the House moved forward in the ratification of the final agreement. It is time for the Nisga'a to finally benefit from their common bowl.
I am very honoured to be able to speak to the Nisga'a treaty. I certainly urge all members to vote on the agreement because we all know that the Nisga'a have decided that it is good for their people.
