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Da’naxda’xw
News |
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Volume 1, Issue 1 |
January 2008 |
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Da’naxda’xw
News |
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Volume 1, Issue 1 |
January 2008 |
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Broughton Archipelago & Knight Inlet - September 2007 In a summer of oil spills, disappointing salmon returns and slack fishing lines, there is some good news for salmon on the West Coast. The Glendale River, a major |
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pink salmon stream on the B.C. mainland, is in tiptop shape thanks to the determination of Blake Covernton of Pro Plan Services in Nelson and the Da’naxda’xw First Nation, and their crack team of spawning channel gravel cleaners, who worked closely with dedicated fisheries guardians from local First Nations to restore the Glendale spawning channel. "The Glendale was on the verge of serious trouble," says Covernton, "I knew the DFO wouldn't be able |
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to deal with it before the salmon returned this August and by next year it might be too late. I knew I could do something about it, so I put the team together and we went to work". |
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After a lengthy period of negotiations with Canada and
their Department of Fisheries and Ocean and with many agreed to
clauses in the Fishery Agreement in Principle, Canada took it upon
themselves to tabled a complete new chapter on fisheries with their
own wording and total disregard for all the work that had been done
over the past three years. |
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After 10 years of negotiations between the Governments of Canada, British Columbia and the Da'naxda'xw/Awaetlala Nation, we are finally close to reaching and Agreement in Principle. This has been a long process and there are still some outstanding issues that will be difficult to deal with in the AIP stage. Over the years, we have endured many road blocks in our quest to finalize an AIP so that it could be brought to the membership for their review and acceptance or rejection. Some of the things that act as tools to delay the process are Federal and Provincial elections, Supreme Court decisions, appointments of new negotiators from Federal and Provincial governments and stall tactics by those same governments. As we stand now, we are substantially complete on most chapters but find it difficult to engage the governments on Lands, Fish, resource revenue sharing and Fiscal relations which include taxation, own source revenue and fiscal transfers to deliver programs.
With the William decision being handed down and all
the implications that it will have on these issues, it is time to
review the need to continue negotiations on these issues and try to
reach some sort of offer from the governments that may be far less
that what might be achieved through the courts. |
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Da’naxda’xw/Awaetlala are close to Agreement in Principle
(AIP) in the BC Treaty Process. |
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The B.C. Supreme Court released its decision on this landmark Aboriginal title and rights case. This decision clearly holds profound implications for all First Nations, and for a number of issues of Aboriginal law. It represents a major step forward for First Nations on a number of contentious issues that have been persistent obstacles in negotiations and litigation with the Crown. The following is a very preliminary briefing. We will provide a more thorough and detailed review in the next few days. The case involves a claim by the Tsilhqot’in Nation for Aboriginal title and certain Aboriginal rights to a portion of its Traditional Territory in the central interior of British Columbia (the “Claim Area”). The litigation commenced almost two decades ago when BC took steps toward “opening up” the Claim Area for commercial logging, a decision opposed by the Tsilhqot’in because the Claim Area represents one of the last areas of intact forest land in their Traditional Territory. Implications: This judgment holds profound implications for all First Nations. It provides a huge step forward in several contentious areas of Aboriginal law, generally in favour of the positions advanced by Aboriginal groups, and contrary to BC’s position at the treaty table, in litigation, and in negotiations. Most notably, the judgment: ·Confirms that Aboriginal title can be established based on “semi-nomadic” occupation of definite tracts of land, as part of a First Nation’s traditional pattern of living from the land; ·Confirms that Aboriginal title extends to the hunting, trapping and gathering grounds that a First Nation regularly exploited and exclusively controlled prior to sovereignty; ·Expressly rejects BC’s “postage stamp” theory of Aboriginal title, and directly instructs BC and Canada that their narrow view of Aboriginal title should not continue to pervade or inhibit its negotiations with First Nations; ·Confirms that the Forest Act does not apply to Aboriginal title lands and, indeed, that provincial legislation generally cannot interfere with the right of exclusive use and control of the land at the core of Aboriginal title; ·Recognizes that pre-sovereignty Aboriginal trading practices can translate, in appropriate circumstances, into the modern Aboriginal right to trade in these items to secure a “modern livelihood”; ·Affirms that Aboriginal rights to hunt and trap over an area means that BC must manage wildlife and habitat to ensure a continuation of those rights; ·Strongly criticizes BC’s current forestry regime as managing for timber values to the detriment of other values (including Aboriginal rights); and
·Indicates that BC cannot justify forestry
activities on lands subject to Aboriginal (and presumably Treaty)
hunting and trapping rights unless it has meaningfully taken the
long-term sustainability of these rights into account, which would
include, for example, having sufficient credible information on the
potential impact of harvesting on wildlife. The Court further held that BC’s forestry regime unjustifiably infringed these Tsilhqot’in Aboriginal rights. The Court’s discussion of this issue is notable for its strong indictment of provincial forestry policy as it applies to Aboriginal rights. The Court observed that BC’s forestry regime “manages solely for timber with all other values as a constraint on that objective”. It directed the Province that “[recognizing Aboriginal rights to hunt and trap over an area means wildlife and habitat must be managed to ensure a continuation of those rights” and that “the protection of those rights is a paramount objective”. Accordingly, the Court held that “a management scheme that manages solely for timber values is no longer viable where it has the potential to severely and unnecessarily impact &ldots; Aboriginal rights”. Further, the Court held that BC could not justify harvesting activities in the Claim Area without sufficient credible information to allow a proper assessment of the impact on wildlife. |
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To register and receive a password, please contact Chris at: chris@danaxdaxw.com |
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Post Secondary Student Support Program ( PSSSP), is a
program that provides financial support to members wishing to further
their education at the closest public or private institution to them
that offers the program they are interested in enrolling. We try and support ALL applications received and give everyone a chance in the Program. |
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The Namgis First Nation has submitted a new territorial map to the BC Treaty Commission that may have implications to the Da'naxda'xw/Awaetlala Nation. Under pressure at the negotiating table to identify their hunting, gathering and fishing areas, and recognizing that most of these activities took place in part outside of their original Statement of Intent map that they submitted to the BC Treaty Commission when entering into the process, the Namgis copied he map submitted by the Kwakiutl District Council in the |
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when other tribes opposed the allocation of lands, the courts upheld the allotment of lands to the Tsawwassen even though the others had a claim on those lands. Shown on the inserted map, it is plain to see that the entire Da’naxda’xw/Awaetlala territory is included in their “Shared Harvest Area” Although it was not uncommon for people to harvest in the territories of other tribes, this practice was exercised through rights, standings and positions that individuals held with those tribes through birth or marriage or as a privilege granted to that person but the owner of the territory or the resources on it. It is my belief that these rights and privileges should he honored and defended in treaties but it is not to be confused with ownership of those lands. |
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I am the Bookkeeper for the Da’naxda’xw First Nation and I am also the Membership clerk. I also supervise the students with their school work. Our children are "Home schooling" but they need a responsible adult to see that they get their work done and help out with problems of comprehension. We currently have 10 students and they are all doing very well academically. I get paid very little to do the books, and I do not get paid for being the Membership clerk or being the “Home School” supervisor. I do these thing because I feel strongly about the need, we are re-establishing our presence at our home village and although some do not think so, I think it is important for the identity of all of us a Da’naxda’xw people. We are working towards our own independence and creating that foundation that allows all of us to identify with our home village like our forefathers did in the past. I think it is so important to have a home where all of our members can call their home town, as a place of pride where those who grew up here can tell their stories of their youth and even though they may never move back, can visit our small community with pride and connect with their past. |
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This project started in 1985, with INAC hiring “Kerr, Priestman & Associates” Engineering to complete a Feasibility Study. This study was completed by 1987 and stayed with INAC for review for almost two years, when we received the review letter back INAC requested additional information, which was funded and completed by Kerr, Priestman & Associates in 1989, the Feasibility Study was complete by 1990. We then went into the Planning stage, done by UMA Engineering, (formerly Kerr Priestman) completed by 1998, of which there are three stages: Planning Design, Preliminary Design, and Detailed Design, all of which were completed by March of 2002. Hub Excavating from Nanaimo did the construction ; this was started on June 24, 2002 and completed by January 28, 2004. The timeline to get the infrastructure project complete was 22 years! The many “phases” and regulations that INAC puts on a project of this size is, or seemed to be, put there to try to discourage us from continuing the project, but we as a First Nation, were not only determined, but stubborn about getting back home. The final cost for the “Planning” stage to the “construction” stage were $3,765,876, this included the construction contractor as well as the engineering company to oversee the project, another regulation by INAC. This is the cost of construction, we add to this cost the “asset” value of the infrastructure to enable INAC to use a formula to come up with the annual budget to maintain the systems. Which is never enough, and being the government is |
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now rebuilt. I think this is the reason that INAC was trying so hard to prevent, because it would show the other First Nations that they could do the same. (This is just my opinion on this matter.) [I also think that we will continue to battle with INAC to hold them to their “fiduciary” responsibilities to our people. But continue we will. We are a very small First Nation,in numbers I mean, but we are capable of coming together to ensure that our children’s future is secure without fighting amongst ourselves, which is still what the “Government” really wants us to do instead of uniting to ensure that they do their job. Again, only my opinion] If any of you know the regulations that First Nation’s are required to adhere to then you know that all funding received must be spent on the programs that they are earmarked for, if at anytime the funding is spent elsewhere the funding is stopped and will not continue. There are many regulations and reports required to ensure this. Maybe I am being naïve, but I think that if we work together and be happy for each other instead of trying to put or bring people down for their achievements, which is not our people’s way, but a learned habit from living away from home, we could become the community that people will look at and try to emulate. So if you think you can help, then help, if not then ask for help, those of us that can will help. As Bobby said, we need to be ready for the future. Which means ready with all of our resources we have or should have. (Doctors, Lawyers, Scientists, Business minds, as well as Labourers) So come on, leave all the pessimistic habits and thoughts out of the picture and be proud of who we are and where we come from, and if you want to come home, then come home. Building a home here is a lot of very hard work, but worth all of the effort. So don’t ask, “When is my house going to be built?” state, “I am ready to help build my house.” “Opportunity is usually hard work and lots of labour, that’s why most people miss it when it comes around.” (Not sure of the exact words but that is more or less the thought.) |
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We are currently expanding the Da’naxda’xw’s web page to have a members only page, this page will be only accessible to registered members and will contain information that is intended for our members only. We will be posting “substantially completed” chapters from the treaty table, these chapters will be for the review of our membership and provide a way of commenting on the content. Your recommendations will be considered at the negotiation table or we will provide you with the rational that has taken us to the point we are at. Negotiations are a three government process and sometimes it has taken a great deal of compromise to get to the wording but all comments will be acted on, one way or another. This is your treaty and you will have to approve it at the end of the day.
For those that wish to register: This web page is also open to members to use to post items of interest to the Da’naxda’xw, perhaps announcements of upcoming events, job opportunities, cultural events or birth and birthdays to name a few. |
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Hello all. As we start a new year I would like to wish all of the members of the Da'naxda'xw Nation the best. As Resource Manager for our Nation I have been working on a number of projects that will bring job opportunities and some financial stability for our future. The most important of these is a Run of River hydro facility in the canyon area on the main river at the head of Knight Inlet. The project itself is still in the early planning stages with much mOTe assessment work to be completed. Therefore actual construction is likely 2 years out at this point. I would encourage any of our members who may have some interest in the job opportunities that will be available during construction to research the qualifications needed. There is on going discussion with the owner of the Knight Inlet Lodge at Glendale Cove for possible acquisition or partnership in that facility. The Lodge will be a major player in the development of a tourism package from our New Vancouver village to the head of the Inlet. I have been working with a company on the possible development of a bulk water project. This project seems to have taken a longer time to go through the various government agencies because of its location within the boundaries of a proposed conservancy in the Inlet. It is progressing in a positive direction at this point. We are very close to having our Logging operation going. This is with our Forest Range Agreement with the Ministry of Forests. An area has been identified in the Inlet to access the allotted volume for our license. I win continue to be involved in the decision making with all government agencies with regard to resource use in our territory. I currently sit on a number of Boards such as the K Kwakiutl District Council. The Nanwakolas Council, the North Vancouver Island Aboriginal Training Society, the DMT Fisheries Society as chair person, the newly founded Eulachon committee (from the 2007 gathering in Bella Coola). Director on the Kleana Hydro Corporation board as well as various working groups. Gilakas'la Fred Glendale, Resource Manager Da'naxda'xw/ Awaetlala Nation |
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DA’NAXDA’XW/AWAETLALA |
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