And now:[EMAIL PROTECTED] (S.I.S.I.S.) writes: GITANYOW-NISGA'A WRANGLE OPENS IN BC COURT Canadian Press, January 18, 1999 [S.I.S.I.S. note: The following mainstream news article may contain biased or distorted information and may be missing pertinent facts and/or context. It is provided for reference only.] VANCOUVER (CP) -- The Gitanyow want a court to declare that the B.C. and federal governments must negotiate in good faith and sign a treaty, a lawyer for the First Nation said Monday. "Is there a duty to negotiate in good faith?" Gitanyow lawyer Peter Hutchins said in his opening address to Justice Paul Williamson in B.C. Supreme Court. "What is that duty?" After months of legal wrangling, the Gitanyow finally began its challenge of the historic Nisga'a final treaty. It has said previously that much of its traditional land was taken in negotiations that excluded them. Depending on its outcome, the Gitanyow hearing could have significant ramifications on the Nisga'a treaty, which has been initialled but not yet ratified by the B.C. and federal governments. The Gitanyow, a northwest B.C. native band with a history as long as the Nisga'a, claims the Nisga'a final agreement overlaps on its territory. It has said the provincial and federal governments acted in bad faith against the Gitanyow in negotiating the Nisga'a deal, the first modern-day treaty in British Columbia. The Gitanyow claims the Nisga'a treaty encompasses about 84 per cent of Gitanyow traditional territory. In launching the legal challenge last year, the Gitanyow said federal and provincial governments violated the treaty process because it was excluded from land claim negotiations involving the Nisga'a. The Gitanyow seek a court declaration that the federal and B.C. governments are not negotiating in good faith. Outside the court, Gitanyow lawyer Peter Grant said arguments aimed at the first declaration should conclude this week. The Gitanyow could then ask the court at a subsequent trial to make a second declaration -- that signing the Nisga'a treaty before the Gitanyow has reached a treaty would nullify the Gitanyow treaty process. The hearing was initially adjourned earlier in the day when Grant said further discussions were under way with the B.C. government. Gitanyow chief negotiator Glen Williams explained outside the courtroom that the government had recently offered to "revitalize our (treaty) process" through the B.C. Treaty Commission. The Gitanyow is part of the more than 50 "treaty tables" now in negotiations through the commission. Its claim was begun with the commission in 1994. Williams said the two governments offered to appoint two negotiators to expedite the Gitanyow treaty to try to have it settled by the end of the year. But the government also made it clear that the Nisga'a final agreement is inviolate. "The message was loud and clear from the government that there would be no change to the Nisga'a agreement," said Williams. The governments also wouldn't agree to expedite the Gitanyow treaty talks unless the Gitanyow agree to adjourn the hearing, said Williams. The Gitanyow decided to proceed because the Nisga'a treaty will likely be ratified by the B.C. and federal governments in the next few months. The two governments are defendants and the Nisga'a has intervener status. Among other things, the treaty gives the Nisga'a 1,900 square kilometres of land in the Nass Valley and $190 million over 15 years. The Nisga'a would also get some rights to hunting, fishing, forestry and wildlife management outside that area. :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-: "The purpose of the BC Treaty Process is to legitimize the theft of our lands." Haida Elder Lavina White. For more information on the BC Treaty Commission and the Nisga'a deal: http://kafka.uvic.ca/~vipirg/SISIS/Clark/BCgovt.html http://kafka.uvic.ca/~vipirg/SISIS/Clark/jan3198bctc.html http://kafka.uvic.ca/~vipirg/SISIS/Clark/aug98nis.html In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only.
