Nisga'a Final Agreement facts for kids

The Nisga'a Final Agreement, also called the Nisga'a Treaty, is a special agreement. It was made between the Nisg̱a'a people, the government of British Columbia, and the Government of Canada. This treaty was signed on May 27, 1998, and officially started on May 11, 2000.

As part of this agreement, nearly 2,000 km² (800 sq mi) of land in the Nass River valley was recognized as Nisg̱a'a territory. Also, a water reservation of about 300,000 cubic decametres (1.1×10¹⁰ cu ft) was created. The Bear Glacier Provincial Park was also formed because of this treaty. Thirty-one Nisga'a place names in the area became official.

This land-claim settlement was the first modern treaty of its kind in British Columbia. It was the first signed by a First Nation in BC since the Douglas Treaties in 1854 and Treaty 8 in 1899. The agreement gives the Nisga'a people control over their land. This includes managing the forests and fishing resources found there.

The agreement was signed by Joseph Gosnell, Nelson Leeson, and Edmond Wright from the Nisg̱a'a Nation. Premier Glen Clark signed for British Columbia. Jane Stewart, who was the Minister of Indian Affairs and Northern Development, signed for the Canadian federal government.

Why the Nisga'a Treaty Was Needed

For a long time, the Nisga'a people worked to protect their traditional lands. In 1887, the Nisga'a met with the Premier of British Columbia. They were concerned because their land in the Nass River valley was being given to new settlers. This was happening even though the Royal Proclamation of 1763 recognized Indigenous land rights. This proclamation also said that Indigenous self-government existed.

By 1890, the Nisga'a Land Committee was formed to deal with these issues. In 1913, the Nisga'a asked the British Privy Council in London to address their land claims. In response, the Canadian government made a law. This law made it illegal for First Nations to hire lawyers to pursue land claims.

A Big Win for Indigenous Rights

In 1973, Frank Arthur Calder and the Nisga'a Nation Tribal Council won a very important court case. This case was called Calder v British Columbia (AG). The Supreme Court of Canada (SCC) ruled for the first time that aboriginal title to land existed before North America was colonized. Lawyer Thomas Berger successfully argued that the Nisga'a's rights to their traditional lands had never been taken away.

The Calder case was the first of many land claims that helped protect the rights of Indigenous peoples. The 1999 Nisga'a Treaty officially recognized that "the Nisga'a people have lived in the Nass River Valley since time immemorial." This means they have been there since the earliest times anyone can remember.

Role of Traditional Nisga'a Leaders

The Nisga'a Final Agreement recognized the important role of traditional Nisga'a leaders. These leaders include the Simgigat (hereditary chiefs) and Sigidimhaanak (matriarchs). The agreement also recognized the importance of Adaawak (oral histories) and Ayuuk (Nisga'a traditional laws and practices). These traditions continue to guide the Nisga'a people.

Treaty Challenges in Court

Some Nisga'a people, including Laxsgiik chief James Robinson and Mercy Thomas, challenged the treaty in court. They questioned if the Nisga'a government's self-governing and law-making powers were legal. On October 19, 2011, the Supreme Court of British Columbia made its decision. The court upheld the Nisga'a Final Agreement, confirming it was legal under the constitution.