Forwarded by Gwethalyn Gauvreau
Date: Tue, 23 Jan 1996
Nuxalk Shun Court
Nuxalk Nation Government
House of Smayusta
PO Box 8, Bella Coola B.C.
Tel: (604) 799-5376
Fax: (604) 799-5707
NUXALK NATION UNDER SIEGE !!!
Statement by the Nuxalk Hereditary Chiefs
"First of all the Nuxalk Nation 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 British
Columbia Government's assumption of jurisdiction in spite of
the fact that no treaty has ever been made with the Nuxalk
THE NUXALKMC ARE NOT CRIMINALS!
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
- -denied position to present sovereignty/jurisdiction
Imposition of Foreign Laws
Use of Force as a State
- -removal from natural territory
No Recognition as a "Nation" with sovereign powers and
- -denied by federal and BC governments to allow
negotiations on a Nation to Nation basis.
All Nuxalkmc exist by the "Supreme Law of the Land
therefore, al federal matters should be done on a Nation to
- Governed by "Natural Law"
- -Nuxalkmc are protectors of the land and all its
- -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
Religious Foundation of Nuxalkmc is their spirituality.
Religion and law are one.
- -song, dance, stories that is "Smayusta"
- Cultural, social, political and economic rights.
- -trade agreements, citizenship/immigration
- Territorial Rights Language, customs, traditional
The judicial system cannot use a blanket policy to define
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.
- BC supreme court has no jurisdiction on this
- BC government & its courts cannot define the
Nuxalk jurisdiction or its territories.
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.
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
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....
Nuxalk Strong - Nuxalk Forever!
Hereditary Chief Nuximlayc
Hereditary Chief Qwatsinas
Hereditary Chief Slicxwliqw'
signed original on file