House of Smayusta Tel: (604) 799-5376
PO Box 8 Fax: (604) 799-5707
Bella Coola, B.C.
V0T 1C0
Press Release: NUXALK NATION UNDER SIEGE!!!
Statement by the Nuxalk Hereditary Chiefs:
"First of all we would like to acknowledge Tatau, the Creator,
through Manakays, the Great Spirit, for all that he has provided
since the beginning of time and still does today."
The Nuxalk Hereditary Chiefs and their 19 supporters did not
appear in Court today (January 22, 1996) because they challenge
the jurisdiction of the BC Supreme Court over Nuxalk territory.
The BC Supreme Court chose to proceed with the trial in absentia.
Warrants have been issued for their arrest. The courts are
proceeding under the assumption that Interfor has full rights to
steal and destroy Nuxalkmc resources, rather than addressing the
underlying fundamental issue which is Nuxalk jurisdiction over
these lands. The court has chosen to criminalize the Nuxalkmc
under the pretext of disobeying their injunction so as to
legitimize the taking of the trees from Nuxalk territory. This
case reveals the BC's Government's assumption of jurisdiction in
spite of the fact that no treaty has ever been made with the
Nuxalk Nation. THE NUXALKMC ARE NOT CRIMINALS! They are
implementing their inherent obligation to protect their land for
generations to come. This is their traditional law. These
inherent rights have never been ceded or extinguished. All
domestic avenues have been exhausted because the Governments of
BC and Canada refuse to acknowledge Nuxalk jurisdiction.
1. Assumed Jurisdiction
- denied position to present sovereignty/jurisdiction
2. Imposition of Foreign Laws
- detained from liberty
3. Use of Force as a State
- removal from natural territory
4. No Recognition as a NATION with sovereign powers and status
- denied by federal and BC governments to allow negotiations
on a Nation to Nation basis.
NUXALK NATION
1. Governed by NATURAL LAW
- Nuxalkmc are protectors of the land and all its resources
- everything flows from the Smayusta and practiced through
the Potlatch System
- traditional economy, use of natural resources
- Live according to Nuxalk customary laws
- Apply their decisions within their own territory
- Established their own rules of conduct in dealing with
disputes & conflicts
- Established restorative mechanisms
- appointed river guardians, mediators and peacemakers
2. Religious Foundation of Nuxalkmc is their spirituality.
Religion and law are one.
- song, dance, stories that is Smayusta
3. a) Cultural, social, political and economic rights
- trade agreements, citizenship/immigration
b) Territorial Rights Language, customs, traditional values
All Nuxalkmc exist by the SUPREME LAW OF THE LAND therefore, all
federal matters should be done on a NATION TO NATION basis.
FOREIGN LAWS
1 The government of Canada has no authority to pass
legislation to abolish traditional government.
The Indian Act does not apply to the Nuxalk on the basis
that their territory is unceded. Nuxalk Nation retain their
inherent rights.
a) BC supreme court has no jurisdiction on this dispute
b) BC government & its courts cannot define the Nuxalk
jurisdiction or its territories.
The judicial system cannot use a blanket policy to define Nuxalk
sovereignty.
MORALITY OF JURISDICTION
The BC's Supreme Court's Christian/Heathen distinction is still
regarded as the supreme law of the land. Regardless of whether
the Nuxalkmc are considered savages or not, they cannot ethically
or morally be denied territorial rights (dominion) nor their
existence as a whole by coercion or force. Moreover, the fallacy
of being regarded as more or less than a human being is rendered
in-operative for the purpose of establishing non-Nuxalkmc
territorial rights over Nuxalkmc rights of dominion nor is the
use of force justifiable to achieve such ends.
TERRITORIAL DESTRUCTION
A) Natural Law does not destroy resources
Example: Namu run by a large fishing corporation abandoned the
mid-coast causing economic ruin and massive social disruption as
did Ocean Falls run by a large logging corporation.
B) Corporate Law today cannot economically sustain three thousand
people without destroying resources and natural life (i.e.
wildlife) and thus destroys a way of life for the Nuxalkmc. This
is cultural genocide under International Law and their Covenants.
The BC government is bound by the International Covenants on
Civil and Political Rights and the International Bill of Human
Rights. Canada and its provinces are signatories on both these
documents. The Nuxalkmc are a people distinct from others
therefore, a Nation with absolute and exclusive territorial
integrity.
For the future of our children, our grandchildren and children
yet to be born . . .
Way!
Nuxalk Strong - Nuxalk Forever!
(signed)
Hereditary Chief Nuximlayc
(Lawrence Pootlass)
(signed)
Hereditary Chief Qwatsinas
(Edward Moody)
(signed)
Hereditary Chief Slicxwliqw'
(Charles Nelson)