Sinixt Nation existence in Nelson questioned in council
By Nelson Daily Editor
By Timothy Schafer, The Nelson Daily
The notion of whether the Sinixt Nation ever existed on Nelson soil was questioned by one City councilor this week, at the same time casting doubt on the legitimacy of the City-owned Touchstones Nelson Museum permanent exhibit.
When trying to agree on a First nation protocol — what City staff would use for guidance on standard etiquette in dealing with officials at City events and functions — Monday night, Coun. Kim Charlesworth immediately wondered why the request for a decision on the protocol included only the Ktunaxa Nation Council from Cranbrook and the Okanagan Nation Alliance from Westbank.
The obvious thing missing from the protocol was the Sinixt Nation, who currently have members living in the area (in Vallican).
“I was wondering if you could explain the thought process that went into that, because I think that was an obvious omission that should not be made,” she said.
City manager Kevin Cormack said the draft protocol was based on federal guidelines, which has declared the Sinixt Nation extinct.
“I don’t think we need to follow in the footsteps of that mistake, or action, without thinking ourselves what is the reality of that in our history,” Coun. Charlesworth replied. “The reality is we have people in negotiations with the federal government. I don’t think we need to perpetuate that error.”
Coun. Marg Stacey said the Sinixt were not clearly established in the city of Nelson, which is what this was all about.
“I wish to be guided by the current federal government guidelines and the treaty advisory,” she said.
Under the protocol, the City was to recognize those First Nations that are registered with the federal government Indian Band Registry, and traditionally lived or passed through Kootenay territory.
Mayor John Dooley concurred with Coun. Stacey. If the status of the Sinixt Nation changes at some point, council could subsequently review the protocol.
The Sinixt are currently embroiled in two legal cases — one to prove the existence of them as a First Nation people, and the other over logging on Perry Ridge.
According to the draft City policy, the City recognizes that First Nation people traditionally lived and passed through Kootenay territory and were mindful of their “historic connection to the lands in this region.”
Coun. Donna Macdonald said in a December, 2009 meeting with provincial aboriginal relations, council asked about the issue of recognition.
The Province told council there were two levels of recognition: one was the federal one, the legal one; and the other was the opportunity for general acknowledgement, saying there was this presence in the area.
“So, to me, even though the Arrow Lakes (Sinixt) people aren’t federally recognized by the government doesn’t mean they did not have a presence here,” she said.
“It seems we are doing a disservice by recognizing the two nations that we are comfortable with, and not all of the ones that were here.”
She said it would seem odd if council did not align their protocol with the research of the historical aspect (museum) of Touchstones.
Coun. Stacey did not understand why there was a preponderance of Sinixt information contained in Touchstones and she had problems with the museum display.
“I have yet to see proof of any habitation here, and the only resource is from the federal government saying (otherwise),” she said.
“I don’t think we should further or change that agenda, for good or for bad, until I hear something that is clear.”
Cormack said, from a staff point of view, they didn’t have the expertise to choose one way or another, so they defaulted to the provincial and federal government guidelines.
“If council wanted you could have the option to do something otherwise,” he said.
Coun. Robin Cherbo asked if there was any liability involved in recognizing the Sinixt. Cormack said this was strictly a protocol.
“We stayed away from land use,” he said.
Mayor Dooley said he could discuss the legal impacts of the inclusion of the Sinixt with the Regional District of Central Kootenay staff, who is part of the treaty advisory committee on treaty negotiations.
“I could see what the legal impacts are of us doing this, then we are not on our own,” he said.
A motion passed to direct Mayor Dooley, as the RDCK director for Nelson, to go to the regional government and get some clarity on how the protocol would affect the treaty negotiations.
