FALL ISSUE 2022
An Update on Nuchatlaht’s Land Title Claim
In the last few months, Nuchatlaht’s legal team led by Jack Woodward KC and Owen Stewart have gathered and presented evidence before the provincial court. Evidence consisted of compelling research from Archaeologist Jacob Earnshaw and Anthropologist John Dewhirst. The evidence presented consisted of extensive studies on culturally modified trees dating back to the 16th century, with two sites in the Northwest Nootka Island having thousands of CMTs, two of the largest known sites in all of Canada. As part of the evidence presented, there were official archival government records, fur trade journals, and academic texts all showing Nuchatlaht’s long standing presence in and connection to their land.
Meanwhile, the Province is arguing that the Nuchatlaht 1) have no connection to their land 2) were too small to control their territory and 3) should pay for the Province’s legal fees. There is little to support any of these arguments, and evidence presented by Jack Woodward KC instead shows the opposite.
Evidence presented clearly shows what everyone already knows; that the Nuchatlaht today are the descendants of the same Nuchatlaht met by explorers in the 18th and 19th centuries. Given the project of reconciliation it is deeply disappointing that the Province is claiming legal fees against the Nuchatlaht, and in response to the claim that Nuchatlaht were too small, evidence was led showing that Nuchatlaht had amassed an arsenal of over 200 guns by the early 1800s. Small but mighty!
Meanwhile, the Province is arguing that the Nuchatlaht 1) have no connection to their land 2) were too small to control their territory and 3) should pay for the Province’s legal fees. There is little to support any of these arguments, and evidence presented by Jack Woodward KC instead shows the opposite.
Evidence presented clearly shows what everyone already knows; that the Nuchatlaht today are the descendants of the same Nuchatlaht met by explorers in the 18th and 19th centuries. Given the project of reconciliation it is deeply disappointing that the Province is claiming legal fees against the Nuchatlaht, and in response to the claim that Nuchatlaht were too small, evidence was led showing that Nuchatlaht had amassed an arsenal of over 200 guns by the early 1800s. Small but mighty!
BETRAYED BY B.C HYPOCRISY
On April 21st 2022, the Province announced a provincial action plan to implement the Declaration on the Rights of Indigenous Peoples Act (DRIPA), which consisted of litigation directives that would minimize the adversarial approach that has disadvantaged Indigenous people in court proceedings. Despite this, the Province continues to pursue arguments that contradict the directive.
“Premier Horgan is giving B.C. credit for the transformative change that UNDRIP will bring, yet they have led us further away from reconciliation, and lack any signs of good faith. Apparently, they need 5 more years to talk about implementation,” said Nuchatlaht Tyee Ha’wilth Jordan Michael. “There has been no show of good faith. The hypocrisy of the provincial government is very apparent, and needs to be addressed.”
The arguments presented by the Province include claiming that the Nuchatlaht are too small, that they have no connections to their territory, that they barely used land resources and that the Nuchatlaht should cover the Province’s legal fees.
“Premier Horgan is giving B.C. credit for the transformative change that UNDRIP will bring, yet they have led us further away from reconciliation, and lack any signs of good faith. Apparently, they need 5 more years to talk about implementation,” said Nuchatlaht Tyee Ha’wilth Jordan Michael. “There has been no show of good faith. The hypocrisy of the provincial government is very apparent, and needs to be addressed.”
The arguments presented by the Province include claiming that the Nuchatlaht are too small, that they have no connections to their territory, that they barely used land resources and that the Nuchatlaht should cover the Province’s legal fees.
TIMELINE & NEXT STEPS
Between March 21, 2022 to May 26, 2022 there were 40 days of trial wherein Nuchatlaht and the Province presented their arguments to court. Since May 26, both parties have writing and researching their extensive final arguments. Once presented to the Court, Nuchatlaht’s legal team are hoping for a decision early in the New Year.
Traditional Cultural Events in Oclucje
Julie John is the Cultural and Native Language Contractor. As apart of her job, she has helped organize and coordinate opportunities for Native Dancing, Native Singing, and Native Language opportunities. Native Dancing opportunities started in 2021 at the Oclucje hall with Kaila Rain, our Wellness Coordinator and Annie John. Annie facilitated some sessions of native dancing, where the topic of native music rights came up, and the rights to dance to each song. Annie shared the spiritual component of dancing, about the movement of the feet, thus opening up a world of knowledge not known to some members. Some ladies of the community took part in dancing, and the community kids attended each session.
Shelly Hamilton was added to the dance team too, and she was able to work with the young kids. One session, Shelly did a different program where she asked the kids cultural questions, and shared cultural information with them. After Native Dancing with Annie, I realized that we needed to build the Nuchatlaht music library to help the native dancers be successful. So, I started the Native Singing Learning group with community members and we contracted teachers Brian Lucas and Cory Howard.
The sessions started in November 2021, and, so far, we have had one weekend session a month at the Oclucje Hall. Apart from the singing sessions, we have been hand making traditional drums, so one weekend was dedicated to drum making where community members participating in the program got to build a drum. The goal of the Native Singing Learning group is to build up Nuchatlahts native singers so that they can fly solo one day in honor of Nuchatlaht Tribe.
The pandemic has made some programs a little hard to run, due to all the restrictions. So, native language opportunities started out virtually in the beginning. I have native language information and native language videos on a Facebook group: “Nuchatlaht Native language with Julie John”. Julie is not a fluent speaker, but as a second language learner she encourages all members to start with the language building blocks of the native alphabet, using native language out loud at home.
As part of her program, she has done some community research to see where members might be ready to get involved in native language program. As part of her research, she has attempted to run Prize Programs where member sign up, but practice with native language from the safety of their own home, no matter where they live. Some of the first prizes where pop and chips. Then next prize was $100. The last program prize was a Nuchatlaht sweater. There are also internet recordings of Nuchatlaht members, and the Nuu-chah-nulth people.
Shelly Hamilton was added to the dance team too, and she was able to work with the young kids. One session, Shelly did a different program where she asked the kids cultural questions, and shared cultural information with them. After Native Dancing with Annie, I realized that we needed to build the Nuchatlaht music library to help the native dancers be successful. So, I started the Native Singing Learning group with community members and we contracted teachers Brian Lucas and Cory Howard.
The sessions started in November 2021, and, so far, we have had one weekend session a month at the Oclucje Hall. Apart from the singing sessions, we have been hand making traditional drums, so one weekend was dedicated to drum making where community members participating in the program got to build a drum. The goal of the Native Singing Learning group is to build up Nuchatlahts native singers so that they can fly solo one day in honor of Nuchatlaht Tribe.
The pandemic has made some programs a little hard to run, due to all the restrictions. So, native language opportunities started out virtually in the beginning. I have native language information and native language videos on a Facebook group: “Nuchatlaht Native language with Julie John”. Julie is not a fluent speaker, but as a second language learner she encourages all members to start with the language building blocks of the native alphabet, using native language out loud at home.
As part of her program, she has done some community research to see where members might be ready to get involved in native language program. As part of her research, she has attempted to run Prize Programs where member sign up, but practice with native language from the safety of their own home, no matter where they live. Some of the first prizes where pop and chips. Then next prize was $100. The last program prize was a Nuchatlaht sweater. There are also internet recordings of Nuchatlaht members, and the Nuu-chah-nulth people.
2021 FAMILY CAMP OUTINGS FOR THE MICHAEL & SMITH FAMILY
In the summer of 2021, our annual family gathering occurred after missing the annual gathering the year prior. The Smith family camped out at Nuchatlitz while the Michael family were at Ferrier Point. After missing a year due to the pandemic, we were successful in planning and hosting this event for our membership. Every year we aim to get the largest families together to camp, laugh, reminisce and enjoy our beautiful territory during the summer.
During the 5 day camp out, we shared stories, cooked and shared meals together, and had long, meaningful conversations with distant relatives. On the first day of the camp out, the Michael family were so happy to see distant family and to be introduced to distant relatives and new born babies. We were fortunate enough that the weather was beautiful. There were approximately 30 family members getting together. The young children especially enjoyed their time camping. We hope to continue this tradition this year. |
NUCHATLAHT CULTTURAL ACTIVITY : JARRING FISH TUTURIAL
Julie John, Nuchatlaht’s Cultural and Native Language Coordinator did a tutorial on jarring fish at the Oclucje Hall in the late months of 2021. The opportunity was offered to adults, and children of the community. The fish that was caught in the summer time by our fisherman was used for jarring. Julie huddled the kids around, with Kaila and Candace, to show them how to fillet salmon, and prepare salmon for jarring.
Once the fish was all cut up, the kids helped put salt in the jars, and then helped put fish in the jars. We all got the jars sealed up, and put it in pots to seal the jars. That all sounds simple, but anyone who has done it remembers how long of a process it takes, and the kids had a wonderful time hanging out with each other while we all waited for the fish to finish on the stove.
After the fish finished, we emptied the pots, and let them cool for the night. Then next day, we all met at the hall again, opened up one or two jars and made some fish sandwich to taste our very own jarred fish. Each participant got to take a jar home, and the rest stayed at the hall for after school activities and community gatherings. At the end, we had successfully jarred 16 cans of fish.
After the fish finished, we emptied the pots, and let them cool for the night. Then next day, we all met at the hall again, opened up one or two jars and made some fish sandwich to taste our very own jarred fish. Each participant got to take a jar home, and the rest stayed at the hall for after school activities and community gatherings. At the end, we had successfully jarred 16 cans of fish.
As an Indigenous leader,
I Didn't Feel Heard at COP26
This column is written by Jordan Michael, Tyee Ha'wiilth (Chief) of the Nuchatlaht First Nation.
Written in December of 2021
Written in December of 2021
This fall, over 200 years since the first Europeans visited Nuchatlaht territory, I travelled to Glasgow, Scotland to attend COP26, the eminent climate change conference in the world. What I saw there was disappointing. You probably haven't heard of the Nuchatlaht. We are a small nation from the West Coast of
Vancouver Island. We have lived and thrived on these lands for thousands of years. We were here when British captain James Cook sailed into Nootka Sound in 1778. We were here when George Vancouver met the Spanish captain Bodega y Quadra in 1792. The two European powers were fighting over
ownership of our land. They obviously didn't include us in the conversation. Our people are still on Nootka Island today and we're having that conversation now, in B.C. Supreme Court, where we're fighting to regain part of what was taken from us. Nootka Island is a land of big trees and big fish, but it has become a land of clear cuts.
Vancouver Island. We have lived and thrived on these lands for thousands of years. We were here when British captain James Cook sailed into Nootka Sound in 1778. We were here when George Vancouver met the Spanish captain Bodega y Quadra in 1792. The two European powers were fighting over
ownership of our land. They obviously didn't include us in the conversation. Our people are still on Nootka Island today and we're having that conversation now, in B.C. Supreme Court, where we're fighting to regain part of what was taken from us. Nootka Island is a land of big trees and big fish, but it has become a land of clear cuts.
This past summer I watched our drought-stricken cedar go thirsty and our salmon cook in the rivers as an unprecedented heat dome saw record-high
temperatures. These are the things that sustained our nation. Without cedar and salmon, Nuchatlaht culture is at risk. It is obvious that things are not
right. I went to COP26 to talk about salmon parks. Salmon parks are watershed-based parks that protect more than the narrow strips of forest along freshwater streams. They protect the habitats that sustain young salmon, including the watersheds and forests above them. They are based on the Nuu-chah-nulth principle of hishuk ish tsawalk, meaning "everything is interconnected." Salmon parks recognize that from the tops of mountains to the bottoms of valleys, salmon health, river health and forest health are related.
temperatures. These are the things that sustained our nation. Without cedar and salmon, Nuchatlaht culture is at risk. It is obvious that things are not
right. I went to COP26 to talk about salmon parks. Salmon parks are watershed-based parks that protect more than the narrow strips of forest along freshwater streams. They protect the habitats that sustain young salmon, including the watersheds and forests above them. They are based on the Nuu-chah-nulth principle of hishuk ish tsawalk, meaning "everything is interconnected." Salmon parks recognize that from the tops of mountains to the bottoms of valleys, salmon health, river health and forest health are related.
Salmon parks are not currently widespread, but can be a key Indigenous-led tool to fight climate change by protecting one of the richest carbon sinks in the
country: coastal B.C. rainforest. By keeping these forests stable and free from disturbance, we are protecting the climate and creating resilient ecosystems.
country: coastal B.C. rainforest. By keeping these forests stable and free from disturbance, we are protecting the climate and creating resilient ecosystems.
The great cedars that built this province also pull carbon out of our atmosphere. The Nuchatlaht want them to keep doing that instead of being cut down. Our nation has proposed two watersheds in Nuchatlaht territory be turned into salmon parks. British Columbia, which is fighting us in court, will not let us govern our lands and create these parks. We need more than lip service. COP26 was an opportunity for governments to recognize Indigenous solutions, like salmon parks. A chance to come up with an ambitious and inclusive plan to tackle climate change. Instead, the conference felt like a trade show, full of
government and industry patting themselves on the back for weak solutions.
Getting into COP26 was its own challenge. The flights and lodging are expensive. If you want to rub elbows with government delegates, you need an official UN badge to access the "Blue Zone," where speechmakers and representatives from organizations could mingle. These badges are hard to come by, requiring a lengthy accreditation process. I saw few other Indigenous folks with them. Even with a badge, with so many voices crowding out those with fewer resources, it was a challenge to be a part of meaningful conversations. Just like 200 years ago, Indigenous voices are excluded from the conversation.
government and industry patting themselves on the back for weak solutions.
Getting into COP26 was its own challenge. The flights and lodging are expensive. If you want to rub elbows with government delegates, you need an official UN badge to access the "Blue Zone," where speechmakers and representatives from organizations could mingle. These badges are hard to come by, requiring a lengthy accreditation process. I saw few other Indigenous folks with them. Even with a badge, with so many voices crowding out those with fewer resources, it was a challenge to be a part of meaningful conversations. Just like 200 years ago, Indigenous voices are excluded from the conversation.
There were moments when COP26 was loud, but it never felt like Indigenous voices were heard. At least not within the Blue Zone. Outside the Blue Zone was more inclusive, more Indigenous and more in tune to the challenges we face. I met with Indigenous peoples from around the country and world to share our struggles, hardships and solutions. Our stories are remarkably similar. Thousands of people marched in Glasgow for climate change. This felt like action.
We Nuchatlaht managed our lands sustainably for thousands of years. Our stewardship and knowledge is essential for the land to be sustained for thousands more. There is a lot that we can do, if the government will help us do it, so let us help. Indigenous people need to have a meaningful presence at the policy table if Canada is to meet its climate targets. We need more than lip service. Reconciliation demands it. After COP26, I returned home to more extreme weather, broken highways and flooded neighbourhoods from the devastating storms that hit B.C. in November. After a disappointing conference, it was a harsh reminder of the risks we face. But I'm not coming home empty handed. With my resolve intact, I'm back home pushing for salmon parks, and for reconciliation.
We Nuchatlaht managed our lands sustainably for thousands of years. Our stewardship and knowledge is essential for the land to be sustained for thousands more. There is a lot that we can do, if the government will help us do it, so let us help. Indigenous people need to have a meaningful presence at the policy table if Canada is to meet its climate targets. We need more than lip service. Reconciliation demands it. After COP26, I returned home to more extreme weather, broken highways and flooded neighbourhoods from the devastating storms that hit B.C. in November. After a disappointing conference, it was a harsh reminder of the risks we face. But I'm not coming home empty handed. With my resolve intact, I'm back home pushing for salmon parks, and for reconciliation.