In a recent letter to the editor, MP John Weston argued that he could not support the Sliammon Treaty because in his view “only one set of laws should govern all Canadians.” Mr. Weston refers to how he made similar arguments in an unsuccessful legal challenge to the Nisga’a Treaty.
We believe Mr. Weston to be in error. One set of laws does indeed govern all Canadians – the Constitution of Canada. It recognizes and affirms aboriginal and treaty rights and protects land claims agreements.
Treaties that include provisions on the making of laws by Aboriginal governments do not enable anyone “to transcend Canadian law.” Rather, they are a part of Canadian law. Generally, Aboriginal governments’ laws will prevail in respect of matters integral to our continuing Aboriginal cultural identities, and in respect of our collective assets and treaty rights. Why should these matters be subject to the final authority of federal or provincial governments?
Mr. Weston committed similar errors of reasoning in the legal challenge to the Nisga’a Treaty.
In 2013 the British Columbia Court of Appeal unanimously ruled on the arguments advanced against the Nisga’a Treaty. The court stated: “As will become clear, in my view, the appellants mischaracterize the effect of the Treaty in material ways. Their misinterpretation of the legal effect of the Treaty substantially undercuts the merit of the core arguments they advance on this appeal. To put the matter baldly, the Treaty does not do what they say it does…”
The court concluded: “The Treaty has been carefully crafted to respect constitutional principle and to fit into the wider constitutional fabric of Canada. It is what it purports to be: an honourable attempt to resolve important but disputed claims, to achieve reconciliation, and to lay the foundation for a productive and harmonious future relationship between the Nisga’a Nation and the non-Aboriginal population of Canada.”
The Supreme Court of Canada refused to hear an appeal from this decision.
The people of the Nisga’a Nation are proud Nisga’a citizens; we are also proud Canadians. Our Treaty makes provision for both, and we see no inconsistency in this, as perhaps Mr. Weston does. We strive for sustainable prosperity to improve the quality of life for our families, and our future generations. Our treaty has made all this progress possible. It’s hard to understand why Mr. Weston would be opposed to that.
H. Mitchell Stevens
President
Nisga’a Lisims Government
