Nisga'a Fight Clouds Credibility

(Aired on October 5, 2010)

Ten years after it was hailed as an historic deal that could pave the way for the settlement of native land claims, B.C. Supreme Court heard today from a Nisga'a hereditary chief that the landmark Nisga'a deal should be thrown out. James Robinson says the deal is unconstitutional. He says the treaty makes the Nisga'a a third order of government, something Canada's constitution doesn't allow.

Back when this agreement was negotiated, initiated and signed, it was called, ironically, the Nisga'a Final Agreement. It was supposed to end a conflict that had lasted over a hundred years. It was not liked by a number of other First Nations, but it was seen as a groundbreaking treaty that could form a pattern for the future. Now, it is in danger of collapse.

The sad part of the fight is that it casts a cloud on the credibility of treaty negotiations. If agreements are made, considered legally binding by the parties that made them, should they not then be relied upon for the future? First Nations with legitimate land claims, and there are many in our province, in my opinion will be hurt if this agreement is thrown out. And that would be a tragedy. I can see the critics now - how can we trust you to stay true to your word? Ten years down the road, how do we now some more militant band council won't try to have the deal quashed? What kind of guarantee do we have that if we make an agreement with you, that it won't be reversed down the road?

Of course, no one thinks of the other side of the coin, how First Nations have been deceived, coerced and manipulated over the decades. They only see it as black and white, with no grey. But reality is, if historic agreements like the Nisga'a deal can be overturned ten years after it was put to bed, where does that put land claims negotiations that are still ongoing. In my view, this case is a setback for both sides, and will only continue to delay negotiations to end the long fight for First Nations to get what is legitimately theirs.