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_ _ _ _ QUESTION: Is Nisga'a Government "race-based?" ANSWER: No. Under the Nisga'a Treaty, there is no such thing as race-based government -- it is Nisga'a Government.. The Treaty does not restrict Nisga'a citizenship to people who meet the eligibility criteria set out in the Treaty.Nisga'a Government. may make laws so that non-aboriginal people may become Nisga'a citizens. This enablesNisga'a Government. to recognize that others may be members of their communities and participants in Nisga'a community and cultural life. In other words, Nisga'a citizenship cannot be denied to a person who meets the eligibility criteria, but it can be granted to others.
If decisions made by Nisga'a Government. directly affect non-aboriginal people living on Nisga'a Lands (currently about 100 people), Nisga'a Government. must consult with them, or provide other means of participation. The rights of these non-aboriginal people are protected by the Canadian Constitution and the Charter of Rights and Freedoms.
_ _ _ _ _ QUESTION: Why did the Federal Government sign the Nisga'a Treaty before Federal legislation was passed? ANSWER: The federal executive has the authority to enter into treaties and other agreements, subject to approval of Parliament. This is the method the federal government has always used in entering into land claims agreements and other treaties. It is the role of Parliament to approve or reject the Agreement -- not to amend the Agreement of the Parties, two of whom have already ratified the Agreement.
_ _ _ _ _ QUESTION: Has the federal government abandoned the principle of equality? Isn't it true the Nisga'a Treaty includes:
ANSWER: The Treaty does not do any of these things -- the allegations are simply incorrect: Nisga'a Lisims Government may make laws in respect of direct taxation of Nisga'a citizens on Nisga'a Lands.
Nisga'a Government is not based on race. Nisga'a Government:
Nisga'a Government does not "regulate trade by race." There is no basis whatsoever for this assertion. The closest provision is paragraph 47(b) of Nisga'a Government Chapter which provides authority to make laws in respect of "... regulation, licensing, and prohibition of the operation on Nisga'a Lands of businesses, professions, and trades, including the imposition of licence fees or other fees, other than laws in respect of the accreditation, certification, or professional conduct of professions and trades." This is similar in nature to the authority of municipalities to regulate business operations and does not include the ability to "regulate trade by race." The Charter applies to these laws.
The Treaty does not entrench inequality of aboriginal women. There is no basis whatsoever for this assertion. Section 35(4) of the Constitution Act, 1982 ensures that all Section 35 rights, including Nisga'a rights under the Treaty, are "guaranteed equally to male and female persons." The Charter applies to Nisga'a Government.
The government has not "abandoned the value of equality." Equality includes ensuring that all Canadians, including aboriginal people, are able to enjoy their rights that are recognized in the Constitution of Canada. The Constitution does not require identical rights for all Canadians -- there are unique rights for French speaking people in Quebec, New Brunswick and elsewhere. There are unique rights for people who wish separate education. Canada's constitutional law and history recognizes our diversity. The Reform Party's view of "equality" would seem to require that Section 35 be repealed. Instead the Nisga'a Treaty defines and protects the Nisga'a people's Section 35 rights with the consent of the Nisga'a Nation and the federal and provincial governments.
_ _ _ _ _ QUESTION: Does the Nisga'a Treaty create a "Nisga'a Kingdom" or a "state within a state?" ANSWER: No. This is nonsense. Nisga'a Lands are a part of Canada and British Columbia. > federal and provincial laws apply to Nisga'a Lands, subject only to inconsistency or conflict with the Treaty.
> Nisga'a Government is a free and democratic government, to which the Charter applies, as set out in the Treaty -- it is insulting and ignorant to refer to it as a "kingdom."
_ _ _ _ _ QUESTION: If Canadian laws no longer apply, have we not created an independent state within our borders? ANSWER: This is complete nonsense. Canadian laws do apply -- that is why relationship of laws provisions are necessary.
> the Agreement does not alter the Constitution of Canada.
> the Nisga'a Nation is not an "independent state within our borders." The Treaty achieves what Canadian courts have directed -- that the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is best achieved through negotiation and agreement, rather than through litigation and conflict.
_ _ _ _ _ QUESTION: What happened to the democratic process? Isn't this a backroom deal negotiated without the direction of parliament? ANSWER: Federal and provincial negotiators received their mandates from their respective cabinets, who are ultimately accountable to their parliaments. Negotiators appeared in public innumerable times both during and after negotiations and consulted extensively with stakeholders and other interested Canadians. The Agreement in Principle was reached and made public more than three years ago and the Treaty has been the subject of continuous debate since then. Ratification of the Treaty, including the passage of settlement legislation by Parliament, is a condition precedent to the validity of the Treaty, and unless it is so ratified, the Treaty has no force or effect.
Why would any First Nation ever agree to a Treaty package if it could be unilaterally amended by one of the other Parties to the negotiations? If the deal could be amended, (rather than either accepted or rejected) by Parliament, negotiations and ratification by the other Parties would be meaningless.
_ _ _ _ _ For More Information: Eric Grandison Nisga'a Lisims Government
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