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January 26, 2007
Dear Society Members;
This letter is to register my serious concern, and that
of my Council and community, about the actions of other
Tsimshian First Nations asserting interests in Kitselas
core territories. This issue has gone unresolved for years,
notwithstanding the fact that the reconciliation of territorial
interests will be a requirement for any final treaty settlement.
Since the Haida decision of the Supreme Court of Canada,
governments and the private sector have changed the way
they do business in First Nation's traditional territories.
This major shift in policy and procedures has created
unexpected new opportunities for First Nations in terms
of involvement in projects being proposed by others in
our lands as well a opportunities for the negotiation
of expanded land interests, resource tenures, expanded
revenues and other economic and social benefits. However,
these opportunities will continue to elude us if we are
unable to achieve a workable level of certainty with respect
to our core territories. Recent events have brought the
issue of certainty with respect to our territories into
sharp focus. Kitselas has negotiated an agreement with
the City of re for the transfer of significant lands in
the Terrace / Kitimat transportation corridor from the
Province, for a joint venture industrial land development.
That transfer has been challenged by other First Nations
thus potentially preventing Kitselas from realizing a
major land expansion and economic development goal. The
Terrace / Kitimat transportation corridor is in the heart
of the territory. It is core to our economic and future
treaty objectives. In our view, no other First Nation
has the degree of attachment to this area that Kitselas
has. Furthermore, we are in intensive negotiations with
project proponents who intend to construct pipeline projects
through our territory. As with the industrial land project,
the proposed pipeline routing goes through the heart of
our territory, the upper Copper, Clore, and upper Kitimat
watersheds.
We need to take steps to assure ourselves of an enhanced
level of certainty in our own territories. Without that
certainty, our further participation in collective treaty
negotiations with some of those same First Nations that
are intervening against us and threatening the achievement
of our goals seems a contradiction.
First Nations lose credibility with these pointless and
seemingly never ending squabbles with one another over
territorial interests. We merely succeed in increasing
the level of cynicism in government and the business community
about our abilities and capacity. We also hand them the
opportunity to do nothing and as a result, escape their
obligations under the law. If we continue to ignore this
issue, we will inevitably wind up in court against one
another, thereby giving the courts the ability to rule
against all of our territorial assertions. However, no
one should be mistaken that Kitselas will not use any
and all means necessary to defend what we know are our
core land areas.
On the other hand, we have a forum at our disposal; one
that we control and that is this Tsimshian Treaty Society.
I propose that we use these upcoming planning sessions
to squarely address the issue of territorial certainty
and design and agree on a process for achieving a resolution.
Yours truly,
(signed)
Glenn Bennett, Chief Councillor
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