April 4, 1991
Enclosed for your information are copies of statements by Canadian
church leaders regarding the recent Gitksan and Wet'suwet'en
decision.
Attachment #1: The Canadian Council of Churches statement
CANADIAN CHURCH LEADERS ALARMED BY B.C. COURT DECISION ON GITKSAN
AND WET'SUWET'EN RIGHTS
March 22, 1991
A group of national and regional Canadian church leaders today
issued a statement expressing their alarm at the judgment in the
Supreme Court of British Columbia regarding the aboriginal title
and rights of the Gitksan and Wet'suwet'en peoples.
Their statement echoes an earlier one by church leaders in British
Columbia. Both statements are attached.
Acknowledging that it is up to the courts to decide matters of law,
the church leaders say this decision "is a tragic commentary on the
continuing colonial attitudes that pervade our legal system. The
assumptions and actions of the colonial era must not be allowed to
guide our common search for justice today."
The church leaders take particular exception to comments in the
B.C. court decision on aboriginal rights. What was stated in 1986
by a number of B.C. church leaders regarding the Haida also applies
to the Gitksan and Wet'suwet'en peoples: "Protection of their
ancestral home is a matter of biblical justice. Haida Gwaii is a
holy place. From this land God has given the Haida their identity
as a people."
Since the mid-1970's, Canadian churches have held that no major
industrial development should be initiated on unsurrendered land
until either aboriginal land claims are justly settled, or terms
governing their development are negotiated satisfactorily with the
aboriginal peoples concerned. In 1987, church leaders said
aboriginal peoples have a right to an adequate land base with
adequate resources.
For more information, please contact:
Peter Hamel, Anglican Church of Canada, 416-924-9192
Jim Hodgson, Canadian Council of Churches, 416-921-4152
Glenys Huws, United Church of Canada, 416-925-5931
CHURCH LEADERS' STATEMENT OF POSTORAL CONCERN REGARDING
THE DECISION OF THE SUPREME COURT OF BRITISH COLUMBIA ON THE
CASE BROUGHT BY THE GITKSAN AND WET'SUWET'EN PEOPLES
We are very concerned by the judgment of dismissal of the Supreme
Court of British Columbia regarding the aboriginal title and rights
of the Gitksan and Wet'suwet'en peoples. We join with other church
leaders in British Columbia who have expressed solidarity with the
hurt and disappointment felt by aboriginal peoples at this time.
This is a very important judgment in terms of aboriginal title and
rights in Canada. The Chief Justice ruled that aboriginal rights
were extinguished in 1858 by the colonial government in B.C., that
the Royal Proclamation of 1763 did not apply and neither does
Section 35 of the Constitution Act of 1982 which recognized and
affirmed existing treaty and aboriginal rights. The Gitksan and
Wet'suwet'en peoples are appealing the judgment, but, while this
judgment is under appeal, there will be much uncertainty about
aboriginal rights.
In 1987 the leaders of nine Christian churches and church bodies
affirmed aboriginal cultures in their pastoral statement, A New
Covenant. They declared:
"It is well known that numerous Aboriginal nations and
cultures existed in this country prior to the European
occupation some four centuries ago. These Aboriginal
societies were self-governing nations with their own self-
sufficient economies, characterized by distinct cultural
practices, social structures, spiritual traditions and
strong family bonds. Today, after the experience of
cultural oppression and economic dependency in recent
centuries, Aboriginal peoples are struggling to decolonize
themselves and regain the recognition of their historic
rights in Canada. These Aboriginal rights are recognized
in both international law and the historic documents of
this country. We maintain, however, that the rights of
Aboriginal peoples is not simply a legal or political
issue, but first and foremost, a moral issue touching the
very soul and heart of Canada."
We reaffirm the values in that statement.
It is up to the appeal courts to determine matters of law. If,
however, the judgment is a statement of the current law in Canada,
it is a tragic commentary on the continuing colonial attitudes that
pervade our legal system. The assumptions and actions of the
colonial era must not be allowed to guide our common search for
justice today.
There is a need to address the issues confronting aboriginal
peoples through a variety of channels. This judgment
underestimates the importance of the legal dimensions of the
aboriginal struggle for self-determination. It is distressing to
hear, from the judge, that "the difficulties facing the Indian
populations of the territory, and probably throughout Canada, will
not be solved in the context of legal rights."
The judgment appears to reflect a colonial view of society towards
aboriginal peoples which is not acceptable. The following
statement by Lord Grey, the British Colonial Secretary, which was
relied upon by the Chief Justice, expresses this view. Referring
to New Zealand in 1846, Grey stated:
"'Men were to subdue the earth: that is, to make it by
their labour what it would not be by itself; and with the
labour so bestowed upon it came the right of property in
it...But so much does the right of property go along with
labour, that civilized nations have never scrupled to take
possession of countries inhabited only by tribes of savages
- country which have been hunted over, but never subdued or
cultivated. It is true, they have often gone further and
settled themselves in countries which were cultivated, and
then it becomes a robbery; but when our fathers went to
America and took possession of the mere hunting-grounds of
the Indians - of lands on which man had hitherto bestowed
no labour - they only exercised a right which God has
inseparably united with industry and knowledge...'"
The application of European laws to aboriginal spirituality and
culture presents many problems. In 1986 a number of church leaders
in British Columbia recognized the spiritual relationship that
aboriginal peoples have with the land. What was stated regarding
the Haida also applies to the Gitksan and Wet'suwet'en peoples.
"Protection of their ancestral home is a matter of biblical
justice. Haida Gwaii is a holy place. From this land God has
given the Haida their identify as a people."
The Gitksan and Wet'suwet'en peoples presented much evidence that
God gave them their territories. The Chief Justice concluded that
"...there is no evidence to support such a theory and much good
reason to doubt it."
The judgment appears to assess the culture of the Gitksan and
Wet'suwet'en peoples as "primitive" on the basis of "historical
standards" because they were "without any form of writing, horses
or wheeled wagons". This suggests a European supremacist view of
aboriginal peoples which is unacceptable. It is equally
distressing when the judgment ascribes "much wisdom" to the Privy
Council's statement in 1919 that says, in part, "some tribes are so
low in the scale of social organization that their usages and
conceptions of rights and duties are not to be recognized with the
institutions or the legal ideas of civilized society". The Gitksan
and Wet'suwet'en peoples presented a wealth of evidence to the
contrary.
We cannot agree with the court's conclusion that "the source of
Indian difficulty (in adopting European ways) was not the loss of
land for aboriginal purposes". It is of little encouragement to
the Gitksan and Wet'suwet'en peoples that once land has been used
for clearcut logging, the crown can return it to its original
inhabitants for their use.
The aboriginal peoples have indeed suffered spiritually from
alienation from their lands. The land is integral to the concept
of aboriginal societies in Canada. Indians are not, as the court
appears to suggest, merely poor people, isolated, under-educated,
debilitated by alcohol and hand-outs. They are societies and
collective groups whose ties to each other and to their ancestral
lands are fundamental to their identity. This fact was recognized
by the churches in the mid-1970's when they adopted a policy that
no major industrial development should be initiated on
unsurrendered land until either aboriginal land claims are justly
settled, or terms governing that development are negotiated
satisfactorily with the aboriginal peoples concerned.
In their 1987 pastoral statement church leaders recognized that
aboriginal peoples have a right to be distinct peoples and have a
right to an adequate land base with adequate resources. This is
necessary for developing and sustaining a viable economy. They
also have a right to self-determination. The policy of
assimilation, pointed to in this judgment, has been tried with
devastating consequences for aboriginal peoples and Canadian
society.
We have a unique opportunity to redress past injustices, heal
historical wounds and develop a new, just relationship with the
aboriginal peoples of Canada. Such a new beginning requires all of
us to reject notions of "white superiority" and to appreciate the
richness of the histories and cultures of the Gitksan-Wet'suwet'en
and other aboriginal peoples. Failure to do so means we are in
danger of repeating the injustices of the past.
CHURCH LEADERS ENDORSING THIS STATEMENT:
Most Reverend Michael G. Peers
Primate, Anglican Church of Canada
Right Reverend John Hannen
Bishop, Diocese of Caledonia
Reverend Donald Sjoberg
President, Evangelican Lutheran Church in Canada
William Janzen
Director, Mennonite Central Committee Canada
Dorothy Herbert
Convener, Church and Society Committee
Presbyterian Church in Canada
Edward S. Bell
Clerk, Canadian Yearly Meeting
Religious Society of Friends (Quakers)
Right Reverend Remi J. De Roo
Bishop of Victoria
Reverend Eric Maclean, S.J.
Provincial Superior for the Jesuit Fathers of Upper Canada
Very Reverend Douglas Crosby, O.M.I.
President, Oblate Conference of Canada
Reverend Howard M. Mills
General Secretary, General Council of the
United Church of Canada
James Angus
President, British Columbia Conference of the
United Church of Canada
Attachment #2: Statement of B.C. Church leaders
ANAWIM COMMUNITY
CENTRE FOR JUSTICE & PEACE
B.C. CHURCH LEADERS STATEMENT OF PASTORAL CONCERN REGARDING THE
DECISION IN THE SUPREME COURT OF BRITISH COLUMBIA ON THE CASE
BROUGHT BY THE GITKSAN AND WET'SUWET'EN PEOPLES
March 18, 1991
We are alarmed and shocked by the judgment in the Supreme court of
British Columbia regarding the aboriginal title and rights of the
Gitksan and Wet'suwet'en peoples.
We share the hurt and sense of betrayal felt by aboriginal peoples
at this time. We wish to express our solidarity with them and to
urge all church members to express their gospel convictions and
willingness to share in the struggle for a just and compassionate
society.
We wish to reaffirm a pastoral statement made by the leaders of
nine Christian churches and religious organizations in Canada in
1987 titled, "A New Covenant". They called for better
relationships between aboriginal and non-aboriginal peoples in our
country. They affirmed the traditional right of Aboriginal races
to be recognized as distinct peoples or nations even among
themselves; to possess the adequate land-base vital to their
cultural unity and a viable economy; to enjoy self-determination
required for them to be free and responsible architects of their
own future. The policy of assimilation has been tried with
devastating consequences for aboriginal peoples and Canadian
society.
The Gitksan and Wet'suwet'en supreme court case provided a unique
opportunity to redress past injustices, heal historical wounds and
develop a new, just relationship with the aboriginal peoples of
Canada. While this judgment appears to undermine this opportunity,
we call upon Christians and all British Columbians, in the Spirit
of reconciliation, to declare a renewed determination and
commitment to reject notions of "white superiority" and to embrace
the richness of the histories and cultures of the Gitksan-
Wet'suwet'en and other aboriginal peoples. The extinguishment of
aboriginal title and rights is no basis for reconciliation.
--- FD 1.99c
* Origin: Lubicon News Station: Edmonton, Alberta Canada (89:682/32)
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