Goodbye, Indian Act

Page 7

Thundering applause momentarily drowned out Nisga'a President Joe Gosnell as he told hundreds of celebrants gathered in Gitwinksihlkw that their hard-won final agreement had taken effect, ending more than a century under the Indian Act.

"We are no longer wards of the state. We are no longer wards of the government," Gosnell said, pausing to be heard over the crowd's approval. "We are no longer beggars in our own land. We are free to make our own mistakes, savor our own victories, and stand on our own feet."

Gosnell said the Nisga'a Final Agreement restores powers of self government to the Nisga'a, who have sought a formal agreement for 113 years.

"I want to say to you, welcome to the Canadian family," federal Indian Affairs Minister Robert Nault said at the May 12 ceremony, where Nisga'a citizens, dignitaries, and well-wishers gathered to mark the historic occasion. "Today we celebrate the coming into effect of B.C.'s first modern-day treaty, and hopefully many more to come."

British Columbia's Premier Ujjal Dosanjh welcomed the Nisga'a as equals into the province.

"Let me say this loudly, for all British Columbians to hear: This treaty is about justice," Dosanjh said. "The suffocating weight and shackles of the Indian Act are gone, and gone forever."

In its place is the Nisga'a Lisims Government, a democratically-elected body that will have legislative and administrative powers allowing the Nisga'a to govern themselves and the land included in the final agreement, which came into effect just after 12 a.m. May 11.

A provisional government was sworn in and introduced 18 pieces of legislation covering fish and wildlife management, financial administration, justice, and policing.

Elections for northwestern British Columbia's newest government, which will have representation from all four Nass Valley communities and the Nisga'a nation locals in Terrace, Prince Rupert and Vancouver, will be held within six months. One of the first orders of business will be to pass a budget.

The treaty gives the 5,500 Nisga'a ownership of 1,992 square kilometres of former reserve and Crown land in the Nass Valley and $200 million in cash. The Nisga'a will phase in some of the treaty provisions, like the introduction of sales and income taxes, over a number of years.

Construction crews are busy completing the new legislature building, located in New Aiyansh, in anticipation of being open for business this July. Designed to resemble a longhouse, the curving, two-storey, 23,000 square foot building will be home to the new government, administration, and programs and services.

"We wanted to emphasize tradition and incorporate ideas of an open and accountable government," said Edward Allen, chief executive officer of the Nisga'a Lisims Government.

The treaty, federally ratified and given Royal Assent in Ottawa April 13, continues to stir up controversy among observers, including British Columbia's opposition Liberal Party, which mounted a court challenge May 15 on the constitutionality of the treaty. As well, the neighboring Gitanyow people say the treaty encroaches on their own land claim.