CHANGING CLIMATE CHANGE

And the need to include Indigenous Knowledge in the solution

KŁAWUM’ PAŦKI (BEVERLEY O’NEIL)

Iwas born Haida,” says Miles Richardson. He’s of a people born with responsibilities. “That responsibility is an integral part of who I am.

Each of us as First Nations are a story of a relationship between people and the place — you can never mix us Haida with Ktunaxa, or the Cree and the Dene.” Known as Kilslaay Kaaji Sding, Miles is chair of the Haida Enterprise Corp. (HaiCo), former chief commissioner of the BC Treaty Commission, an Order of Canada recipient, and an original member of the David Suzuki Foundation, where he remains on the board today.

He’s been a leader in Haida Gwaii environmental protection and conservation, standing alongside his people in the 1980s battling to prevent the forestry industry from cutting their trees. Though the courts were ruling in favour of corporations, they didn’t worry about jail. They believed they would have to put their lives on the line, and that the courts wouldn’t protect them. It was that important. They led with proper ceremony; spiritual leaders from other First Nations joined them. Today, 100% of Haida Gwaii is subject to government-to-government decision-making. This is a big step to recognition of Haida bringing back their proper jurisdiction to Haida Gwaii. It’s not Old Massett, B.C. — it is Old Massett, Haida Gwaii. As Richardson says, “Nothing happens in Haida Gwaii without our consent.”

Indigenous Peoples’ first obligation is to Mother Earth. Without her, First Nations and their cultures cease to exist. The Haida, like the Ktunaxa, and all First Nations globally, have shared values and connection to the land. “You can never mix us — the Haida and the Ktunaxa — we are very different. Each of our nations is the story of a people and a place.”

In fulfilling this duty, ancestral principles are applied, ensuring the lands, waters, sky, wildlife, sea creatures and resources exist for future generations, as ancestors ensured their existence for people today. While B.C. has vast wide-open spaces uninhabited by humans, to First Nations, these places were managed by their ancestors to be this way: available and abundant, not untouched by man.

HaiCo and Haida Tourism in 2019 adjusted its business to align with Haida values. “Our people told us, ‘You don’t play with your food,’” says Richardson. The two high-end fishing lodges HaiCo owned were harming the environment. Anywhere from 6% to 20% of catch-and-release fish die depending on the type of fish, water temperature, duration of fight, time out of water and other factors. After deep discussion, HaiCo closed its lodges. It was more important to protect the environment and fulfill their responsibility to the earth, than to trade it for profit.

This western way of thinking removed the First Nations’ power through colonization of the people and the place. “Canada is a description, it is not the place. If we drill right down, we see the Indigenous teachings are not just Indigenous, they are human understanding of the laws of nature. If we break the laws [of nature], we pay the price,” says Richardson.

These ideas are universal among First Nations, whether it be Mãori First Nations of Australia, or Makushi in Guyana, Indigenous Peoples are one with the land. Every Indigenous person is born with responsibilities before they have rights. Knowing this is the start to understanding the plight of First Nations, to restoring Indigenous rights in economic development and governance, and key in the battle against climate change. “We got to this situation [climate change], because corporations have a hell of a time listening,” says Richardson. “Western society has denied that things have got far out of balance.”

All of Haida Gwaii is subject to government-to-government

decision-making • HAICO

Miles Richardson is currently chair of

Haida Enterprise Corp. and a board

member of the David Suzuki Foundation

• NEW RELATIONSHIP TRUST

First Nations know firsthand what happens when governments make laws over lands they don’t know. Numerous First Nations reservations are in places ancestors never settled. Ancestors knew where to be, and when to stop using a resource. “Canada law doesn’t have or see the responsibility [we have] of protecting lands. There’s too much power through nation states and the corporation of people that run them. It makes it so easy for people to forget the fundamental principles of people and place,” says Richardson.

Today in many First Nations, spring means ‘flood season,” now so does fall. In late fall 2021, Sumas Prairie became Sumas Lake. The mountains and rivers were unable to hold back heavy rains in the Nicola Valley, wiping out Shackan Indian Band, isolating Nooaitch Indian Band, placing most of Merritt under water and taking out chunks of the Coquihalla and Trans-Canada Highways. In 2021, fire decimated Lytton First Nation and many of the Nlaka'pamux Bands, destroyed the town of Lytton and devasted many other places, leveling homes and evacuating communities.

In 1975, the increase in earth’s average temperature was called global warming. Not long after, the term ‘climate change’ was coined. By 2009, climate change was the dominant expression, a term that was described as less volatile than ‘global warming,’ which increased emotions forcing issue engagement. According to the Intergovernmental Panel on Climate Change’s Special Report: Global Warming of 1.5ºC, “human activities are estimated to have caused approximately 1.0°C of global warming above pre-industrial levels.” Between 2030 and 2052, global warming is likely to reach 1.5°C. “We need both Indigenous Knowledge and science,” says Richardson. The David Suzuki Foundation recognized the value of Haida knowledge pairing with science. “Science is the measurement. Indigenous Knowledge is about the big picture relationship,” Richardson adds. This relationship is also detailed in the book Secwépemc People, Land, and Laws by Skeetchestn First Nation former Chief Ron Ignace and Marianne Ignace. The book connects Secwépemc knowledge and teachings with archaeology and science. “Sustainability has become the ‘virtuous’ human objective — to commit to each other to be around for a while. We as humans need to see Canada evolve to the place where our [First Nation] laws are the authority,” says Richardson.

Kławum’ Paŧki (Beverley O’Neil), is a citizen of the Ktunaxa Nation. She is a writer, journalist, facilitator, Kumtuk (consultant) and a founder of Indigenous Tourism BC. SUSTAINABILITY HAS BECOME THE ‘VIRTUOUS’ HUMAN OBJECTIVE — TO COMMIT TO EACH OTHER TO BE AROUND FOR A WHILE. WE AS HUMANS NEED TO SEE CANADA EVOLVE TO THE PLACE WHERE OUR [FIRST NATION] LAWS ARE THE AUTHORITY Miles Richardson Chair Haida Enterprise Corp.

INDIGENOUS INPUT SHAPES A NEW LEGAL LANDSCAPE

Legal advocacy is enabling immense community and economic opportunities

JEFFREY NICHOLLS

Indigenous Peoples often bear a disproportionate burden in the journey of reconciliation and building a more just society. Yet, over the past years, decades and generations, Indigenous Peoples have been successful in significantly reshaping the social, political and legal landscape of Canada. It is notable that much of this advance toward justice has occurred in court. Tireless advocacy by Indigenous Peoples has given rise to powerful legal concepts, including the duty to consult and accommodate, Aboriginal rights and title and many others. These concepts act to hedge the cultural continuity and self-determination of our people. They also benefit all of society.

My personal definition of reconciliation requires tangible or material contributions toward the collective agency of Indigenous Peoples. In other words, for reconciliation to have meaning for me, something real must change hands: land, money, authority. This led me to a career in law, assisting Indigenous Peoples to manifest the fullest expression of their rights and distinct legal traditions.

I have witnessed the jeopardy felt by my clients: treaty rights infringed by a “thousand cuts,” salmon-bearing rivers erased, sacred sites contaminated, perspectives not heard. These circumstances sharpen the importance of legal recognition and protection of Indigenous Peoples’ way of life. These same circumstances also sharpen the issues that exist within our shared legal system in Canada. Let’s not forget within generational living memory, it was illegal for Indigenous Peoples to hire lawyers — a fact I often reflect on as an Indigenous member of the bar.

The trajectory of change, brought about by legal advocacy, has enabled immense opportunities for economic and community development. This work includes building constitutions, building infrastructure and building a more equitable society. I’m honoured to participate in this work each day at Ratcliff. Our clients really are taking the lead in a new reality of respect and recognition.

A mentor once shared with me that hope is a verb. He even got that phrase made into a T-shirt. The message stuck with me. The immense projects of addressing Indigenous rights, environmental justice and access to justice demand hope and demand action. This is the banner of Respecting Aboriginal Values & Environmental Needs (RAVEN), a charitable organization devoted to raising funds to assist Indigenous Peoples enforcing their rights in court to protect their territories.

By my own definition, the work of RAVEN is reconciliation in action — something real. Thousands of people, together raising millions of dollars, materially contribute to the legal agency of Indigenous Peoples. RAVEN is a megaphone for Indigenous Peoples, amplifying our perspectives and marshaling support for legal battles being waged in the name of a more just society.

Please consider learning about Neskantaga First Nation’s effort to uphold free, prior and informed consent, or Gitxaała’s effort to bring B.C.’s Mineral Tenure Act into line with B.C.’s Declaration on the Rights of Indigenous Peoples Act, or any other RAVEN campaign. The legal landscape remains fertile ground with ever evolving challenges and opportunities. Hope is a verb — let’s do something together!

Jeffrey Nicholls is an associate lawyer at Ratcliff LLP and president of Respecting Aboriginal Values & Environmental Needs (RAVEN).

MY PERSONAL DEFINITION OF RECONCILIATION REQUIRES TANGIBLE OR MATERIAL CONTRIBUTIONS TOWARD THE COLLECTIVE AGENCY OF INDIGENOUS PEOPLES

A STEP TOWARD SOVEREIGNTY

New Centre of Excellence to support First Nations’ economic development

CHIEF TERRY TEEGEE

First Nations economic reconciliation and economic sovereignty are long overdue in British Columbia and across the country. For generations, First Nations have endured the colonial laws and systems created to hinder our rightful opportunities to prosper from our lands, waters, resources and cultures. The reality is that First Nations are living in an economic ecosystem designed for our failure. Meanwhile, settler communities and industries have been built upon and have benefited from the valuable resources located in First Nations territories.

It is time for economic development in this province to align with the United Nations Declaration on the Rights of Indigenous Peoples and B.C.’s Declaration on the Rights of Indigenous Peoples Act. The UN declaration affirms the critical need to respect and advance Indigenous Peoples’ inherent rights, which derive from our political, economic and social structures. Additionally, the declaration and several other internationally endorsed agreements acknowledge the fundamental importance of First Nations’ right to self-determination, including the right to freely pursue our economic, social and cultural development.

There remain gaps for First Nations in B.C. in today’s economic landscape. However, there are myriad business opportunities for First Nations governments, entrepreneurs and organizations. To support First Nations capacity building, the BC Assembly of First Nations (BCAFN) is working with the B.C. Ministry of Jobs, Economic Recovery and Innovation to fund the creation of the BC First Nations Centre of Excellence (CoE) in economic development.

The CoE is an exciting opportunity to showcase First Nations’ innovation and excellence in entrepreneurship. It envisions a British Columbia where the collective economic value and influence of First Nations are further realized as our rights and title are fully recognized and implemented. The CoE will lead, support and partner on initiatives that promote the realization of First Nations’ economic value and rights and title in B.C. It will also house a suite of support services for First Nations, organizations and citizens. As the CoE grows, the BCAFN envisions a tripartite model with funding and expertise provided by First Nations, the Province of British Columbia and the Government of Canada.

Guided by a powerful vision and mission for First Nations’ economic development, the CoE will support and advance First Nations’ right to maintain and strengthen our distinct political, economic and cultural institutions, while preserving our right to participate fully and autonomously in Canada and B.C.’s economies. In addition, the CoE embodies First Nations’ right to improve our economic and social conditions without discrimination.

Despite the countless systemic barriers constructed to cede First Nations’ wealth and resources into the hands of others, we have demonstrated our resilience, innovation and business acumen. As Regional Chief, I am proud to acknowledge that the creation of this Centre of Excellence in economic development is the result of several years of important discussions and guidance from Chiefs. With their mandate, the BCAFN is keen to undertake the challenging work of dismantling colonial barriers and rebuilding economic systems so that future generations may enjoy economic sovereignty and prosperity. There are still many steps on the path of reconciliation between First Nations and settler governments, institutions and communities. However, the BCAFN is ready to launch this first step toward economic sovereignty, and we invite the provincial and federal governments to match it.

Terry Teegee is the elected Regional Chief of the British Columbia Assembly of First Nations.

IT IS TIME FOR ECONOMIC DEVELOPMENT IN THIS PROVINCE TO ALIGN WITH THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES