As communities come together for the 100th anniversary of Treaty 11, GwichSA国际影视传媒檌n Grand Chief Ken Kyikavichik is reflecting on the century-old verbal agreements and the legal frameworks that have evolved out of them.
HeSA国际影视传媒檚 also attempting to quash misinformation on where Treaty 11 ends and later agreements affecting the GwichSA国际影视传媒檌n people, such as the GwichSA国际影视传媒檌n Comprehensive Land Claim Agreement (GCLCA) which is recognized as a modern treaty. Kyikavichik said thereSA国际影视传媒檚 a misconception by some that people have to choose between one or the other, but thatSA国际影视传媒檚 simply not the case.
SA国际影视传媒淭reaty 11 is the foundation of our land-claim agreement,SA国际影视传媒� he said. SA国际影视传媒淚t established our sovereignty and in essence our title to these lands here in the Mackenzie Delta. The work that weSA国际影视传媒檝e undertaken over the last almost-30 years have been to continue to assert our sovereignty in the lands that are now known as the GwichSA国际影视传媒檌n Settlement Region.SA国际影视传媒�
Signed over 30 days and based heavily on a translated verbal understanding, Treaty 11 was established between Chief Paul Niditchie in Tsiigehtchic July 26 and Chief Julius Salu in Fort McPherson on July 28 and a delegation from Ottawa in 1921. The verbal promise was the GwichSA国际影视传媒檌n people could continue to live their lives as they have for time immemorial and Canadian settlers could come to the region to live and build communities. However, in the years that followed the federal government instead established the residential school system in the region, overseen by the Catholic and Anglican Churches. So Kyikavichik noted he and many GwichSA国际影视传媒檌n had very mixed feelings about the treaty and are still struggling with the inter-generational trauma that came out of the last century.
It wasnSA国际影视传媒檛 until landmark cases were bought before Supreme Court of Canada that Ottawa was forced to honour its agreements with the GwichSA国际影视传媒檌n and other groups.
SA国际影视传媒淭he myriad of cases in the Supreme Court of Canada, especially over the last 30 years, that have worked to define what is known as inherent rights and title in the Canadian court system,SA国际影视传媒� he said. SA国际影视传媒淭here was a bit of an awakening of Indigenous Canada in the SA国际影视传媒�60s and SA国际影视传媒�70s on some of these issues. Consequent court cases affirmed and made it law that the Canadian government or the Crown was not to be engaged in any SA国际影视传媒榮harp dealingsSA国际影视传媒� with Indigenous People.SA国际影视传媒�
Kyikavichik explained that Treaty 11 served as the foundation for the GCLCA, which affirms GwichSA国际影视传媒檌n sovereignty to the land and expands on it.
The GCLCA also removes any legal definitions between GwichSA国际影视传媒檌n and Metis and First Nations, as well as Status and Non-Status Indians, establishing anyone of GwichSA国际影视传媒檌n heritage as fully GwichSA国际影视传媒檌n.
SA国际影视传媒淭hatSA国际影视传媒檚 one of the things ISA国际影视传媒檓 most proud of the GCLCA,SA国际影视传媒� said Kyikavichik. SA国际影视传媒淚t made us all GwichSA国际影视传媒檌n. There is no dispute.SA国际影视传媒�
Covid-19 precautions lead to payment confusion
One area of confusion this year is how the traditional payment system is being handled.
As part of Treaty 11, each GwichSA国际影视传媒檌n is given $5, which Kyikavichik described as a symbolic gesture of the principal of the initial agreement.
However, because of the Covid-19 pandemic, last year and this year the federal government made changes to how the payments would be distributed SA国际影视传媒� however, everyone is still entitled to their money.
SA国际影视传媒淚n March 2021 Indigenous Services Canada (ISC) sent a letter to First Nations asking how they preferred to approach treaty annuity payments in 2021 in light of the continued public health risk of hosting large gatherings,SA国际影视传媒� explained ISC spokesperson William Olscamp. SA国际影视传媒淔irst Nations responded to the letter with suggestions of their own.SA国际影视传媒�
He explained First Nations have several options before them. They can have receive their payment by mail or direct deposit using a Treaty Annuity Request Form, or are able to defer payments until the next year and receive several years at once. Alternatively, bands may collect and distribute the payments on the governmentSA国际影视传媒檚 behalf or defer payments until a future year. In some instances, a ceremonial payment presentation may be offered at should a First Nation desire it with limited attendance to ensure Covid-19 safety.
Kyikavichik said there needed to be better communication between stakeholders in the Beaufort Delta to minimize confusion, though he added the complexity of the system doesnSA国际影视传媒檛 help either.
SA国际影视传媒淭he history and the legal framework of Indigenous peoples in Canada is quite complicated and at times can be very technical,SA国际影视传媒� he said. SA国际影视传媒淪ome of those issues come to the forefront from time to time in our communities.SA国际影视传媒�
SA国际影视传媒淚 think people confused or frustrated should continue to seek information to better understand the framework, and I see leadership playing a critical role in explaining that. I would also encourage those confused or frustrated to talk to some of our Elders, because they can provide a tremendous amount of clarity.SA国际影视传媒�
Lastly, he welcomed the Beaufort Delta to join in with celebrations of the 100th anniversary of the historic Treaty 11, with a week of celebrations beginning in both Tsiigehtchic and Fort McPherson in mid to late July.
Kyikavichik added it was important for GwichSA国际影视传媒檌n to remember what life was like before the treaties and reach for that in the modern context.
SA国际影视传媒淲hen I think about us as GwichSA国际影视传媒檌n, I think of before the Treaty was signed,SA国际影视传媒� he said. SA国际影视传媒淟iving on the land, largely following the porcupine caribou herd, trapping and making a living in the fur industry. Fishing in the summer, hunting caribou in the winter. Completely self-sustaining, in acknowledged territory. Exclusivity and title to this area, and how proud our people were in those days.
SA国际影视传媒淥ur Elders tell us it was a good life but a hard life. One you had to sweat for. ThatSA国际影视传媒檚 what I think back to when looking back on the commemoration of Treaty 11.SA国际影视传媒�
