Carrier Sekani Tribal Council

Carrier Sekani Tribal Council

A CSTC Background

February 2007

A CSTC Background2 of 14

Table Of Contents

Table Of Contents ............................................................................................................... 2

Introduction - Carrier Sekani Tribal Council...................................................................... 3

Declaration of Alliance ....................................................................................................... 4

Carrier & Sekani Declaration & Claim............................................................................... 5

Carrier & Sekani First Nations ........................................................................................... 6

Introduction..................................................................................................................... 6

The People ...................................................................................................................... 6

Map Of CSTC Member Nations Combined Territory (January 2005)........................... 8

Land Use Planning by CSTC & Member Nations.......................................................... 9

Past Land Use Planning Initiatives – Keyoh and Bahl’ats ............................................. 9

The Territories Of The Carrier Sekani.......................................................................... 10

Current Land Use Planning Initiatives.......................................................................... 11

Carrier Sekani Land Use Vision ................................................................................... 11

Current & Proposed Resource Extraction Activities Within CSTC Territory.................. 12

CSTC Treaty Negotiations............................................................................................ 12

Mountain Pine Beetle.................................................................................................... 12

Gateway Pipeline .......................................................................................................... 12

Herbicide/Pesticide Use ................................................................................................ 12

Mining........................................................................................................................... 13

Fisheries ........................................................................................................................ 13

Governance ................................................................................................................... 14


Introduction - Carrier Sekani Tribal Council

The Carrier Sekani Tribal Council (CSTC) was incorporated under the British Columbia SocietyAct in 1979. We currently represent seven member First Nations, whose combined membershiptotals approximately 12,000 people (on and off reserve).

Our member First Nations are the Burns Lake Band (Ts'il Kaz Koh First Nation), Nak'azdli Band,Nadleh Whut'en First Nation, Saik'uz First Nation, Takla Lake First Nation, Tl'azt'en Nation, andWet'suwet'en First Nation. The combined traditional territories make up approximately 76,000 sq.kms, an area roughly twice the size of Vancouver Island and comparable to the land mass ofIreland.

Our organization, located in Prince George, BC has built a reputation for delivering an array ofservices to our member First Nations. We have worked diligently to develop our capacity and toshare capacity with other First Nations communities. Our strategic plan reflects the need toimplement programs aimed at long-term sustainability.

The CSTC formed to bring together Carrier and Sekani First Nations in a collective effort to:

Preserve and promote the Carrier & Sekani heritage and identity; Improve the social and economic independence of Carrier & Sekani people; Achieve a just resolution of land claims and aboriginal rights issues for the Carrier &

Sekani people; Promote better understanding between First Nations people and the general public; Advance and improve the standard of living of the Carrier & Sekani people; Promote self-government for the Carrier & Sekani people.

We are governed by a Board of Directors comprised of the Chief Councillors from each FirstNation. Every three years a Tribal Chief and Vice-Tribal Chief are elected by the membership ofthe First Nations. The Board of Directors, Tribal Chief and Vice-Tribal Chief are responsible fordirecting the staff of the CSTC to provide various services to the member First Nations. We have18 full-time staff, in addition to various contractors and temporary staff. Our objective is to helpour member nations achieve self-reliance through the delivery of support services in thefollowing areas:

Economic development Education Fisheries Forestry Financial Management Natural Resources First Nations Community Management First Nations Community Planning Technical Services Treaty Negotiations

CSTC staff and executive strive to work in a way that reflects the founding vision and principlesestablished through the Carrier and Sekani Declaration of Alliance and the Carrier & SekaniDeclaration & Claim, 1982:


Declaration of Alliance reflects our organization’s philosophy and commitment:

Recognizing that we Yinka Whet’enne1 have a common ancestry, language, land, way of life andBahl'ats system;

Acknowledging that our ancestors saw it wise to organize and conduct our personal, family,cultural, political and legal relationships through our Bahl'ats system.

We, Yinka Whet'enne, put our hearts and minds together and for the future of our people say:1. We acknowledge Yoodughi, The Creator.

2. We remember our Ancestors and acknowledge their love for us.

3. We see the faces of the generations of our people not yet born and we pass our loveto them.

4. We respect and love our Land and know that, as our Mother, it has provided for us;and according to our Teachings we will stand as one to respect and protect our Landand all life on it.

5. Our elders and young are important, for the elders hold the knowledge of ourpeople's past and the young hold our hope for the future; we will work together toteach our young about Yoodughi, our Land, Languages, Teachings, and our Bahl'atsso that they will pass it on to their children and to future generations.

6. Our Bahl'ats system is sacred to us; in it we stand as one in times of great loss and intimes of great celebration.

7. We will carry our ways and our business with respect, care and love for each otherand we will create stability and confidence in ourselves and our young to ensure ourpeople and our ways will survive in the future.

8. Where we have differences we will talk to each other with great respect, care andlove and work out our differences to ensure harmony and balance in our own life,families and communities.

9. And as long as the sun shines and our rivers flow we will stand with each other,support each other and do all we can to lift up each other's heart and spirit.

10. With this we welcome the newcomers to our Land and we will share with them ourVision of who we are and knowledge about our Land; and we will live with them in aspirit of friendship and harmony.

11. We agree that the Leaders of our people will carry out talks in our Bahl'ats systemwith the newcomer's governments as a means of negotiating a fair, just and lastingagreement about our Land.

Et Ndohoneh

1 “people of the land”


April 15, 1982

WHEREAS we of the Carrier and Sekani Tribes have been, since time immemorial,the original owners, occupants and users of the north central part of what is nowcalled the province of British Columbia and more specifically that area of the saidprovince outlined in red contained in the map attached hereto as schedule “A”(hereinafter referred to as “the said lands”),

AND WHEREAS in addition to the original ownership, occupancy and use, wehave exercised jurisdiction as a sovereign people over the said lands since timeimmemorial,

AND WHEREAS this original ownership, occupancy and use, and jurisdiction byour people over the said lands has never been surrendered by our people throughconquest, treaty or any other legal means to the British crown or to its colonialgovernments or to the Crown in right of the province of British Columbia or to theCrown in right of Canada or to any other government.

AND WHEREAS this original ownership, occupancy and use by our people, andjurisdiction over the said lands has never been superseded by law,

AND WHEREAS much of the said lands is, without our consent, now occupiedand its resources used by people not indigenous to our lands,

AND WHEREAS such occupation and use by non indigenous people to the saidlands is without compensation to our people,

WE, the representatives of the Carrier and Sekani Tribes hereby declare and assertour continued original ownership, occupancy and use of, and jurisdiction over thesaid lands and all its resources,

AND WE further declare and assert the continued existence of those rights whichflow from our original ownership, occupancy and use of, and the jurisdiction of thesaid lands and all its resources,

AND further we hereby demand of the governments of Canada and BritishColumbia compensation for their past, present and proposed use and occupancy ofour lands and all its resources.

Carrier & Sekani Declaration & Claim


Carrier & Sekani First Nations

Introduction

The oral history of the Carrier Sekani is the primary authority on their culture,governance, and territories. Parts of these histories have been documented by scholarsand external experts, which reinforces the title and rights of the Carrier Sekani. Thehistory, territories, culture, and governance of the Carrier and Sekani have been welldocumented by anthropologists (Duff, 1951; Goldman, 1953; Jenness, 1937; Jenness,1943; Morice, 1893). A contemporary overview of the traditional livelihood andworldview of the Carrier is found in Furniss (Furniss, 1995: 520-532). A summary oftraditional Sekani society, beliefs and livelihood, based on the observations of early non-aboriginal explorers and anthropologists, is found in Clare (2000). An historical andcontemporary overview of self-government and the territories of the Carrier Sekani isfound in Brown (2002), which summarizes the key findings of the above listed authors.2

This section reflects both the Carrier Sekani oral histories, as well as the externaldescriptions provided in the above listed sources. In addition, recent work carried out bythe Carrier Sekani Tribal Council and its member nations, is also used as the basis of thissection (i.e. Traditional Use Studies, Oral History Projects, and other interviews).

The PeopleThe Carrier Sekani have occupied a vast territory in north central British Columbia fromtime immemorial. The Carrier and Sekani are Athapaskan speaking peoples. In mostAthapaskan languages the word for people is “dene”, sometimes pronounced as “ne”,“t’en, or “jan”. The name “Carrier” was introduced through European explorers. In theirown language the Carrier refer to themselves as Dakelh-ne, Yinka Dene and YinkaWhut’en. The word “Sekani” means “people of the rocks”.3 The member nations of theCarrier Sekani Tribal Council are part of the larger Carrier Sekani First Nations, whichhave been described in regional groupings. There are three branches of the Carrier:

The Southern Carrier, whose traditional territory stretches from theBowron Lakes in the east to the western Chilcotin Valley;

The Central Carrier, traditionally occupying an area from the upper FraserValley near Jasper in the east to Cheslatta Lake in the west;

The Northern Carrier, occupying the area from Burns Lake west toMoricetown and north to Babine Lake.

Through intermarriage and trade, the northern and central Carrier have had economic,social and political connections to the Sekani, hence the term Carrier Sekani. The CarrierSekani, and specifically the member nations of the CSTC, are allied with each other but

2 Doug Brown, “Carrier Sekani Self-Government in Context: Land and Resources,” Western Geography,12 (2002), pp. 21–67,Canadian Association of Geographers.3 Names given in the Dakelh language in this document are subject to variation in dialect. Many CarrierSekani First Nations are in the process of ongoing research of place names, clan names, and translation ofDakelh concepts into English.


each nation has its own distinct territory, usually corresponding to a watershed or lakesystem. Over the years, the number of Carrier Sekani First Nations who are member tothe Carrier Sekani Tribal Council has changed. Table 1.1 identifies the broader CarrierSekani Nations and the general areas of their territories.

Table 1.1 Carrier and Sekani Nations and Territories4 Source: Brown, 2002

4 The names of the Carrier Sekani Nations in this table are drawn from historical names that are close to thecurrent names used, or in some cases are no longer used as the official name of the First Nation (i.e.Nak’azdli First Nation was known as K’oo Dene). The description of the territories remains the samethough.


Map Of CSTC Member Nations Combined Territory (January 2005)


Land Use Planning by CSTC & Member NationsThis section is intended to provide an overview of the land use planning initiatives that CSTC andour member Nations have developed and are currently developing; it is only a general descriptionand is not representative of all the work done associated to land use planning.

Past Land Use Planning Initiatives – Keyoh and Bahl’atsLand use planning is not a new endeavor for our people. The primary institution for managingland ownership is Bahl’ats. This is often referred to as a ‘potlatch’. Territorial ownership isdetermined in Bahl’ats whether according to clan territory or Keyoh (Keyah in Takla Lake area).These are the lands that support the clan or extended family, and in turn the Hereditary Chief;Keyoh holders have responsibility to take care of the land.

Keyoh is a geographically specific land base, including lakes and waterways, owned by anextended family group. The Hereditary Chiefs of each Keyoh are in authority over theirrespective Keyoh. Their mandatory obligation to their group is to establish and enforce policieson social order and resource management. These policies are to be based on traditionalknowledge and sound environmental principles with perpetual yield objectives. It is not withinthe mandate of the Keyoh’s Hereditary Chiefs to surrender sovereignty over their land andresources.

A Keyoh is not a trapline; a trapline is not a Keyoh. Traplines were created by the BCgovernment. Some traplines followed the boundaries of Keyoh. A Keyoh can be bigger than atrapline; some Keyohs have several traplines in them. Trapline boundaries established by theprovincial government attempted to follow the Keyoh boundaries and gave exclusive trappingrights to registered owners of the trapline. They did not, however, replace the Keyoh system.Traplines can be bought and sold - Keyoh cannot. The Keyoh system was impacted by theprovincial trapline system in that the original boundaries were adjusted by the province. Some ofthe trapping rights were sold to non-native trappers, but the Keyoh holders still hold Aboriginalrights and title to those lands. The boundaries of Keyoh are respected and managed throughpermission. Anyone entering another person’s Keyoh for hunting or fishing must seekpermission of the Hereditary Chief, as the Chief’s first obligation is to their own extended familymembers.

In Bahl’ats, the social structure and territorial boundaries are affirmed, disputes are settled, andwealth is redistributed. Clan membership is based on a matrilineal system. Four main clans aremost common throughout our villages, but in some there may be only two clans, and in others upto five. Primarily these are beaver, frog, bear and caribou. Sub-clans also exist, though notalways with an animal crest. The animal crests signify the strong sense of kinship our peoplehave with all living beings and the land and water which support us all. Our Dene Za (maleHereditary Chief) and Tseke Za (female Hereditary Chief) are raised to respect and care for theland and to provide for their clan or extended family. Hereditary Chiefs are responsible formaintaining the information base that allows a clan to validate its boundaries. Our oral histories,genealogy, regalia, crests, songs and dances are essential markers of our Aboriginal title andrights, defining and upholding our jurisdiction over territories.

Hereditary Chiefs are chosen at an early age. The Elders and Hereditary Chiefs choose a childthat shows leadership and a caring concern for others. The child is then prepared for leadershipby being given responsibilities and taught our history and how to govern. When the precedingHereditary Chief dies or is unable to work, the new leader is given the name in Bahl’ats. Holding


this name is a sacred trust; no one can take any name they want and the transfer of a name mustalways be done in Bahl’ats.

The teachings of respect are reinforced by the spiritual beliefs in the “Being up on High”, whowatched over the people and guided their use of the land. As Lizette Hall expresses, “theyrespected the environment…Boys were taught to kill game humanely, and not abuse them…nofood was wasted, and no one was supposed to leave any waste around, as the ‘Up on High’ didnot like it.”5

Familial and social relations were based on cooperative group effort and sharing. Children weretaught to treat others with mutual respect, good humour, generosity, and patience. Disciplinedcooperation was essential for the survival and prosperity of families, clans and communities.

The Territories Of The Carrier SekaniThe territories of the Carrier Sekani comprise approximately 76,000 square kilometres and arelocated in what is now known as the Interior Plateau region, which is bounded to the east by theRocky Mountains, to the north by the Omineca Mountains, and to the west by the CoastMountains. The region is primarily characterized as the Sub-boreal Spruce biogeoclimatic zone,combined with parts of the Mountain Hemlock and Englemann Spruce-Subalpine Fir zones.6 TheCarrier territories surround the Nechako, Stuart and Fraser River watersheds, while the Sekaniterritories coincide with the Finlay, Parsnip and Peace Rivers. The territories of Southern Carrierneighbors surround the basins of the Dean, Blackwater, and Quesnel rivers. The traditionalterritories of the Carrier people include lands that drain westward and southward into the PacificOcean, while the Sekani territories drain east and north into the Arctic Ocean.

The territories are spotted with numerous natural lakes and two man-made reservoirs. The largestlakes are the Stuart, Babine and Takla, while man-made reservoirs include the Cheslatta andWilliston. The lakes and streams are rich in a diversity of fish species, including residentfreshwater species (trout, char, suckers, sturgeon, whitefish) and anadromous Pacific salmon thatspawn in the headwaters of the Fraser and Skeena watersheds. Salmon runs in the Fraser,Nechako, and Babine watersheds are historically significant, but in recent years face numerousthreats to their sustainability.

The northern reaches of the territories are mountainous, while the southern and central are flatterwith large wet lands covered by stands of spruce, trembling aspen, black cottonwood, paper birch,and lodgepole pine. The forests provide ideal habitat for ungulates (moose, deer, caribou, andmountain sheep), fur bearing animals (bear, wolf, lynx, beaver, mink. marten, etc.), as well asrodents (rabbit, mice, vole, marmot, porcupine, and squirrel). The Sub-Boreal Spruce Zone isknown to be the centre of abundance of moose in British Columbia.7 A diversity of bird life isalso abundant including birds of prey (eagle, hawk, owl), songbirds, grouse, and ptarmigan, aswell as waterfowl. The majority of birds are migratory as few species are able to withstand thelong, cold winters.

5 Lizette Hall. The Carrier My People. Prince George: Papyrus Printing, 1992.6 Brown, 22-23.7 Del Meidinger and Jim Pojar. Ecosystems of British Columbia. Victoria BC: Research Branch, Ministryof Forests, 1991, 213.


Current Land Use Planning InitiativesCarrier Sekani Tribal Council is currently involved in the development of a regional land use planthat is community-based and represents the vision for the territories that is sustainable andensures the incorporation of traditional teachings. CSTC First Nations have not been involved inthe land use planning processes of the BC provincial government (LRMPs), and are seekinggovernment-to-government arrangements on strategic land use planning. CSTC maintains thatFirst Nations are not equivalent to stakeholders in land use planning, by virtue of existing titleand rights that are constitutionally protected.

Modern day land use planning that has been initiated by CSTC include Community Profiling ofCSTC member Nations, Strategic Plans (of Reserve Lands), Traditional Use Studies (TUS), LandUse Visioning and Aboriginal Interest Use Studies (AIUS). There have been varying results andprocesses which were used for the development of such planning. This has been due to theuncertainty of funding and changing political atmosphere (internal and external of CSTC). Wehave begun an important project of creating a Regional Land Use Plan with the development of aCarrier Sekani Land Use Vision.

Carrier Sekani Land Use VisionOur oral history represents the values placed on the land, water and airby our people. Our management objectives are guided by the philosophythat we are part of the land. Our living and our lives come out of theland. The land is part of our family and we a part of the land. We baseour Land Use Vision on the following general principles:

Take care of the land and the land will take care of you.

All life forms are interconnected and sacred.

Sharing and coexistence are the cornerstones of Carrier Sekaniresource use.

Territory is not a commodity to be bought and sold — Dakelh people hold both rights andresponsibilities to ensure territorial integrity and ongoing stewardship and use.

Dakelh teachings on land use and ownership are passed from generation to generation.

Healing: A tremendous amount of work is required in the community to heal the batteredbody, mind and spirit from years of social, cultural, political and economic dislocation.

Rebuilding: With healing comes rebuilding of family, language, economic base, politicalinstitutions, and control of the territory and resources.

Reconciliation: Discussions with government and churches to helpour healing process of forgiving and reconciling.

Accommodation: The respective interests of our First Nations,federal and provincial governments need to be discussed, defined,and resolved through negotiations.

These teachings have been maintained throughout all our negotiationswith government and industry, and guide our land use planningprocess.

The only way tomanage the land is toreally listen to theElders, and to reallyconduct themselvesunder our law, ourWet’suwet’en Law,our ancestors Law.- Rita George,Wet’suwet’en FirstNation Elder

Our belief systemsare tied to theanimals that inhabitour territory. Wehave creation storiesabout how each clanwas created by theGreat Ones in thepast.- William Charlie,Takla Lake Elder


Current & Proposed Resource Extraction Activities Within CSTC TerritoryThere are several important land management issues the CSTC is currently working on. Theserepresent key issues being worked on and does not fully represent the many issues the CSTC iscurrently dealing with:

CSTC Treaty NegotiationsThe CSTC has been engaged in treaty negotiations since the original establishment of the moderntreaty making process in British Columbia. The CSTC are currently at Stage Four in the six-stageBC treaty process. Throughout more than a decade of negotiations, the CSTC have continued todemand interim protection measures that would protect the territories pending a final agreement.Despite repeated efforts to negotiate interim protection measures, both levels of government haveneither slowed down nor stopped development on Carrier Sekani lands.

Mountain Pine Beetle

All of the member Nations of CSTC are being directly affected by mountain pine beetle (MPB)infested forests. There is scientific evidence and traditional knowledge evidence from CSTCcommunity members that the change in forest ecology due to the MPB is affecting wildlife (i.e.moose, beaver) and other fur bearing animal habitat. Extraction of MPB infested timber hasincreased at a substantial rate, increasing the frequency and size of clear cut areas. The MPBinfested forests represent a catastrophic situation for economic, environmental and culturalstability for the Carrier and Sekani people. As the ecology of the forests change so will thehabitats of wildlife and fish, which will in turn affect the traditional practices of Carrier andSekani people of this region. There is a legend of Boba of our people that foretells of the comingof a red forest, evidence that traditionally held knowledge recorded past events of MPBinfestation and had occurred in the past, but not to this current scale that the mountain pine beetlehas reached.

Gateway Pipeline

CSTC has developed an Aboriginal Interests and Use Study (AIUS) to examine the potentialimpacts of a proposed pipeline that proposes to transect 6 CSTC Nation’s territories. This AIUSis scheduled to be complete by April 31, 2006 and will form part of the CSTC position on theproposed Enbridge Gateway Pipeline Project. We need to know all of the potential impactsbefore we will support the project, or not support the project. Many of our community membershave serious concerns about the environmental impacts a project of this size could have to theirterritories. Like the mining industry, the oil and gas industry is increasing its activities ofexploring for these resources. Seismic testing is increasing as companies search for viable meansof access the Nechako Basin. The Enbridge Gateway project is worth $4 billion dollars, and ifapproved, will open the door to more oil and gas development within the region.

Herbicide/Pesticide Use

The CSTC has a policy outlining a moratorium of pesticide/herbicide use in industrial activities,particularly in forestry operations. The most common use of herbicides is glyphosate (found inproducts such as Vision and Roundup). New research highlights that pesticides normally thought


to be safe by industry can adversely affect mammalian health.8 CANFOR, the largest forestcompany operating in CSTC territory, is planning to spray hundreds, if not thousands of hectaresthis year within the CSTC territory; this has been an annual activity for many years; cumulativeimpacts and bioaccumulation studies are unclear or have not be done. Many of our traditionalgathering areas are compromised with herbicide/pesticide applications, leading our Elders andyouth to alter their traditional diets and medicines to more none-traditional sources. Besides theforest industry other industries such as agriculture, road right of ways, railway right of ways,transmission line corridors and telecommunications corridors are using pesticides/herbicideswithin the CSTC territory.

Mining

There are several proposed mines and some that are being decommissioned (i.e. Huckleberry) inCSTC territory and neighboring First Nations, that will have negative environmental effects toour waterways and lands. The Pinche mine continues to have impacts (i.e. mercury poisoning) toour communities health. In particular the Kemess North mine is proposing to use Amazay Lake(Duncan Lake) as a tailings dump, which would effectively destroy a fish bearing lake.Projections of the mountain pine beetle economic downfall has caused the province of BC,industries and communities to establishing other resource extraction activities such as mining andoil/gas development. With already uncertain effects to the health of our people and the land fromexisting mines, the prospect of other mining operations is daunting.

Fisheries

The CSTC has an active fisheries department that seeks to protect Aboriginal rights to fish andpromotes sustainable management of the region’s fisheries. Since 1993 CSTC has been involvedin the Aboriginal Fisheries Strategy. Through this program CSTC Fisheries staff are involved inwork in enumeration, stream temperature monitoring, sockeye restoration, white sturgeonrecovery, and other activities in the Fraser and Nechako basins, including the Stuart River,Nadina River, Stellako River, Endako River, Ormond Creek, and the Nautley River.9

Fish are an important cultural and dietary component to CSTC member Nations. Historicalpolitical arrangements (i.e. Barricade Treaty) have changed the traditional, selective fisherymethod once used by Carrier and Sekani people. There are two major river systems runningthough CSTC territory: the Fraser and the Nechako. Three watersheds feed the water system inour territory: Fraser, Nechako and Sustut. The Fraser River is the most important salmonproducing river in BC, if not the world. The Nechako River watershed contributes to about 23%of the total Fraser River Sockeye Salmon production per year. The Nechako White Sturgeon is agenetically unique species in the area, which is slated to be classified as an endangered species.Developments like the Kemano Project (creation of the Kenney Dam for ALCAN) in the 1950scause irreparable damage to approximately 700 square kilometers of wilderness, First Nationsterritories and part of Tweedsmuir Park; it was the largest earthen filled damn project in theworld. It also flooded nine lakes and six rivers under a single reservoir. This projectconsiderably lowered water levels in the Nechako River, altering temperature and flow regimes.Such project have significantly altered fish habitat, water temperatures and flow regimes. The

8 Differential Effects of Glyphosate and Roundup on Human Placental Cells and Aromatase.Environmental Health Perspectives, Volume 113, Number 6, June 2005. Sophie, Richard, Safa Moslemi,Herbert Sipahutar, Nora Benachour and Gilles-Eric Seralini.9 Carrier Sekani Fisheries Program Overview: 1993-2004. Prince George: Carrier Sekani Tribal Council,2004.


effects of the mountain pine beetle are also projected to alter the temperature of rivers and lakes,as well as the run-off due to the inability of dead pine forests to consume water.

Governance

An underlying principle that First Nations seek is their Free, Prior and Informed consent as abasis of natural resource management within their territories. Canadian case law is somewhatsupportive of this, but there needs to be a move beyond a narrow legal approach. Theconsultation processes that various government agencies use to address First Nations Title andRights are inadequate, and pose a financial burden on First Nations governments when they try toaddress their concerns in natural resource management regimes. As resources are being extractedand negotiations for access occur, few direct economic benefits are being offered to ourcommunities.

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