First treaty. (Native People--The Nisga'a Of British Columbia).

On 30 November 1998, an event of political, historical, and cultural significance occurred. Chief Joseph Gosnell led his Nisga'a people to the doors of the British Columbia legislature in Victoria. The Nisga'a delegation brought with them a canoe, which they placed on the steps of the Legislature. "The canoe symbolizes a cargo of hope," one of the Nisga'a explained.

The last time they made the trek, in 1887, barricades blocked their way to "The Big House." They were unable to sign the treaty they had been promised. The Nisga'a went home empty-handed, after paddling 750 kilometres up the wild coast of British Columbia to the remote Nass River Valley.

The return trip in 1998 was far more than symbolic. This time, Premier Glen Clark escorted the Nisga'a into the Big House. Chief Gosnell had been invited to make a speech, an honour reserved for visiting heads of state. The Nisga'a finally got their treaty

The treaty gives about 6,000 Nisga'a title to 2,000 [km.sup.2] of the lower Nass Valley, limited self-government, extensive fishing and logging rights, and $253 million.

It is the first treaty negotiated by the B.C. government in more than a century, a momentous event in the history of Aboriginal Canadians.

In December 1999, the treaty was approved by the House of Commons in Ottawa by a vote to 217-48. Only the Reform Party (now the Canadian Alliance) opposed the legislation. Members of Parliament gave a standing ovation to members of the Nisga'a Council sitting in the gallery of the House of Commons, and then broke into a spontaneous and emotional O Canada. Royal Assent to the treaty followed in April 2000.

By agreeing to the treaty, the Nisga'a will move out from under the control of the Indian Act. This piece of legislation, which governs the affairs of Native people in Canada, is blamed by many as a cause of their social and economic problems. The Nisga'a will now have to pay taxes and have given up any right to renegotiate the agreement.

The Nisga'a treaty is a nation-to-nation agreement. It recognizes a new order of government in Canada. And, it will forever be beyond the power of federal or provincial governments to change it.

Paul Tennant, professor of political science at the University of British Columbia, says the Nisga'a treaty marks a social shift in the province. "It means a new view of what it means to be a British Columbian," he said. "It really marks the death of the old white tribe."

Well, it seems "the old white tribe" isn't done yet. The passing of the treaty into law stirred up a mess of lawsuits challenging the deal. Six residents near the Nisga'a land calling themselves Concerned People of the Nass launched a challenge. As did the Liberal Party of British Columbia (it now forms the government) and a group called the B.C. Fisheries Survival Coalition. Even other Indians are suing the Nisga'a; the neighbouring Gitanyow First Nation wants changes to the boundaries of the Nisga'a territory.

The main point made by the critics is based on the Constitution. By granting self-government to the Nisga'a, goes the argument, this one small group is being given rights over and above those enjoyed by all other Canadians.

Meanwhile, many other First Nations in B.C. are involved in treaty negotiations that drag on and on. There are several reasons why agreements are hard to come by.

In 1997, the Supreme Court of Canada gave a ruling on the Delgamuukw case. This was named after one of the chiefs who went to court to clarify the boundaries of traditional territories. The Supreme Court defined Aboriginal title in a strengthened way and this has encouraged Native people to hold out for better deals in negotiations.

The first Nations are asking for compensation past use of their lands. The federal and provincial governments won't grant this.

Negotiating a treaty is an expensive business and many Native bands don't have the money to pay the lawyers, so they have borrowed on the promise of a future deal. Some bands are now so deeply in debt that they can't settle for a final agreement that will give them less than what they owe.

Finally, the province's 160,000 Aboriginal people are growing resent-full towards governments because the deals are taking so long. At the same time, non-Native British Columbians are getting miffed about the demands being made by First Nations. The atmosphere is getting poisonous and that makes negotiating even more difficult.

Trouble, in the form of gunfire, sabotage, fist fights, blockades, arrests, boycotts, etc, has broken out, particularly in B.C.'s interior. Some people are dusting off their history books and warning that we've been down this road before with tragic consequences.

In common with many other Native peoples, the Tsilhqot'n people in the northern Interior were badly treated in the mid-19th century. In 1864, they blocked a road construction project and killed some of the white workers. In Victoria, 129 men immediately volunteered to take up arms against the tribe. The Governor of B.C. thought he had a better idea. He offered to negotiate and lured five Tsilhqot'n chiefs to a meeting. When they arrived for the talks, the five chiefs were arrested, tried, and hanged in Quesnel.

The Nisga'a are organized into four clans: Ganada (Raven) Gisk'aast (Killer Whale) Laxgibuu (Wolf) Laxsgiik (Eagle)

In 1927, Canada outlawed legal action on Aboriginal claims and didn't restore the right until 1951.

Unlike most other Native peoples in Canada, the Indians of British Columbia never surrendered their lands or rights in treaties. They maintain that almost all of the province's 950,000 [km.sup.2] are rightfully theirs.

The Nisga'a Final Agreement took 24 years to negotiate.

According to David Dennis, head of the West Coast Warrior Society, of the $10 billion spent annually on Native people by Ottawa and the provinces, 82% goes to government officials.

Websites

First Nations Summit
http://www.fns.bc.ca/

Nisga'a Nation
http://www.ntc.bc.ca/

RELATED ARTICLE: The creation.

This is how the Nisga'a tell the story of their coming into being.

"We believe that the Creator--through His messenger Txeemsim--brought the life-giving sun to a bleak twilight world of hunger, deprivation, and war.

"Txeemsim taught people how to inhabit the land and interact with animals without disrupting the cycle of life. This Nisga'a hero also taught people how to build houses to survive long winters, to defend the land, and to organize themselves into a coherent, moral society.

"Above all, Txeemsim taught us to respect the land and its creatures, core values of Nisga'a life today."

RELATED ARTICLE: Bad for business.

The treaty negotiating process in B. C. is slow and seems to be getting slower. Of the 42 Native groups involved in treaty negotiations in the province only one, the Nisga'a, has settled. Business people say the uncertainty over land title is hurting them. They say investment in the province has plunged from $250 million in 1990, to $25 million in 2000. They point to the problems with the Sun Peaks Ski Resort as an example. A small resort opened in the 1960s on land claimed by the Secwepemc Nation near Kamloops, B.C. In 1992, Nippon Cable of Japan bought Sun Peaks and started to expand it. But the Native people say any economic benefit that might come from resort expansion is outweighed by environmental damage. Secwepemc people have occupied the land and set up an information booth to explain to skiers and snowboarders why they oppose the resort. The Assembly of First Nations has called for a boycott of the hotel chain involved in the development. Such actions tend to scare off businesses; they prefer places where they're not hassled by First Nations.

RELATED ARTICLE: Ask the people.

The B.C. government of Gordon Campbell wants input from citizens of the province on treaty negotiations. A referendum asks eight questions. Some examples:

* Should existing tax exemptions for Aboriginal people be phased out?

* Should parks and protected areas be maintained for the use and benefit of all British Columbians?

* Should private property be protected from being taken from its owners for treaty settlements?

People in the public opinion polling business don't like this referendum; in fact they call it a joke. Angus Reid, a pollster of many years standing told a Globe and Mail reporter that the eight questions were "One of the most amateurish, one-sided attempts to gauge the public will that I have seen in my professional career." Critics say the questions are worded in such a way as to make an overwhelming Yes vote inevitable.

A majority of Yes votes in the poll is binding on government negotiators, however, a majority of No votes is not binding.