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Nov 10, 2009
There is strong opposition within the Gitxsan community to a proposal being advanced in Treaty negotiations by the Gitxsan Treaty Society (“GTS”). It has been reported that a GTS delegation is set to meet Indian Affairs Minister Chuck Strahl next month to lobby for its proposal that would see the elimination of reserve lands as well as the elimination of Indian Bands and government (the Gitxsan Alternative Government Model or “GAGM”).
Gitxsan Indian Bands and Hereditary Chiefs have together commenced an action in B.C. Supreme Court to stop the GAGM and wind up the GTS which they say is proceeding without input from the community and has no mandate to represent them in Treaty negotiations.
Plaintiff Gitanmaax Indian Band Chief Marjorie McRae states: “The GTS has failed to involve the Gitxsan communities in discussions about what the community should look like in the future. The GAGM is unacceptable and the GTS has no mandate to propose it. The GAGM will severely impact our rights and will eliminate the minimal safety net protecting the most vulnerable Gitxsan people who depend on the Bands to deliver a variety of social, economic, education and community programs and services to their members.”
Hereditary Chief, Spookw, known as Geri McDougall, also a plaintiff, observed: “The GAGM was proposed without the knowledge or consent of 28 Hereditary Chiefs, Wing Chiefs and Matriarchs who are responsible for protecting their House members’ interests and rights and negotiating their House’s traditional lands and resources. Since the summer of 2008 we have been calling on the GTS, the Province, Canada and the B.C. Treaty Commission to cease further negotiations based on the GAGM. All of our requests have been ignored. Negotiations continue and now the GTS is engaging in political lobbying. They have no right to speak for us. It has to stop.”
“There is no credible reason for Minister George Abbott to tell his negotiators to “talk and explore” about the proposal, nor the Minister Chuck Strahl to meet with the GTS regarding the GAGM”, states Chief McRae. “The Province, Canada and BCTC should cease negotiations altogether with GTS which has no proper mandate and should immediately stop advancing loan funding until the issue of mandate to negotiate a Treaty is resolved.”
The plaintiffs are four Gitxsan Indian Bands, together with five Gitxsan Hereditary Chiefs representing other Hereditary Chiefs, Wing Chiefs and Matriarchs.
The plaintiff Indian Bands, Gitanmaax, Glen Vowell, Gitwangak and Kispiox, have a collective membership of over 5000.
Through their action the Gitxsan Bands and Hereditary Chiefs seek an order winding up the GTS on grounds that it is unaccountable and has failed to act according to Gitxsan law or to advance Gitxsan interests.
The plaintiffs also seek a finding that the B.C. Treaty Commission has been negligent for failing to ensure that GTS has a proper mandate to negotiate a treaty.
Cindy Joseph, Bertha Joseph and Mary Locke Macaulay form the legal team for the plaintiffs.
For further information, please contact:
· Marge McRae 250.847.0393 or
· Geri McDougall 250.631.7051