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Gitxsan activists during an “Idle No More” protest action in January 2013 |
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Gitxsan activists during a C.N. railroad blockade protest last year |
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The Gitxsan territorial claim (some boundaries disputed by neighboring nations) |
Nearly all land in B.C. was absorbed into Canada without any Indian treaties, and the Tsihlqot’in decision is only the latest in a series of court findings, starting with the Gitxsan’s own land claim in the early 1990s, which is determining that indigenous people have unextinguished rights in the land. The extent of these rights is still being explored, but the Tsihlqot’in ruling requires aboriginal permission, not just consultation, for economic activities on the land. In B.C., there is already a lot of political momentum in aboriginal communities, generated by a wave of protests over the past couple years as part of the nationwide “Idle No More” uprising against oil pipelines and other projects.
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An aboriginal protester during an “Idle No More” day of action in Manitoba last year |
Joe Bevan, chief councillor of the Kitselas (Gits’ilaasü) First Nation, a Tsimshan community whose territory borders Tenimgyet’s tribal village, said that he was open to discussions but was certainly not ready to give ground. “We’re true to our lands,” Bevan said, “we know where our territory is, our traditional land, and we’ve been using it for thousands of years. Our door is open for the Gitxsan to come in and have an open and frank discussion. It’s quite unfortunate that the Gitxsan have taken the role that they have and this type of route, that’s not the way we operate but that’s what they’ve chosen to do.”
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Kitselas’s chief councillor Joe Bevan, second from right, flanked by Chinese trade delegates and the mayor of Terrace, a town which sits on unceded Tsimshian territory |
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Beverley Clifton Percival |
[Full disclosure: I have worked extensively with, and published about, Tsimshian communities, especially Kitsumkalum, and have conducted research which defends that community’s interests. Also, Beverley Clifton Percival was once a graduate student of mine. But none of my research focused on territorial disputes, and I take no position on the disagreements between Kitselas, Kitsumkalum, and the Gitxsan.]