LIEUTENANT GOVERNOR

							                             OFFICE OF THE LIEUTENANT GOVERNOR


 www.ltgov.bc.ca


   REMARKS BY
                                            Calder Conference
 THE HONOURABLE                 Gala Event and Tribute to Dr. Frank Calder
IONA CAMPAGNOLO,
  PC, CM, OBC                                     University of Victoria
   LIEUTENANT                                           03/11/15
  GOVERNOR OF
BRITISH COLUMBIA
                   Dr. Frank Calder, President Dr. David Turpin, Dr. Joseph Gosnell, Chief Justice Lance
                   Finch, T‟ Secum Elder Dr. Samuel Sam, Members of the Nisga‟a Lisims Government,
                   Simoiget, Simmogetta, Co-hosts, the University of Victoria Law faculty and
                   International Indigenous Forum, Distinguished Jurists, Honoured Guests, Nisga‟a Ts‟
                   amiks Dancers:

                   I acknowledge with respect the customs and traditions of the Peoples of the
                   Douglas Treaties, Coast Salish First Nation in whose traditional territories we are
                   gathered on this occasion. I also have the honour to represent Her Majesty Queen
                   Elizabeth, the Queen of Canada in British Columbia and so bring special greetings
                   to these proceedings in honour of Frank Calder, acknowledging his singular
                   achievement during the long search for justice in the cause of his beloved Nisga‟a
                   people. Although I am at some disadvantage in these proceedings, being
                   untrained in the law, my education concerning the Nisga‟a began in childhood,
                   when with other Northern First Nations, we lived in the now lost world of a salmon
                   cannery on the Skeena River.

                   We were separated into neo-colonial class and race divisions, but as children we
                   overcame such barriers to hear each other‟s stories. Very early I learned the
                   Legends of Eagle, Raven, Whale, Wolf and Bear and some of the thrilling tales and
                   formal customs of Royal Houses and Clans. At the Cannery there were also Haida,
                   T‟Simpsean and Git‟K‟san, Wet su‟we‟tan Peoples, all of whom were richly
                   diversified in languages, spiritual beliefs and cultures, but with the Nisga‟a, they
                   were all totally secure in the knowledge that as they had never surrendered their
                   Claims, they were owed justice due to their prior right in their territories which they
                   had occupied and used since „time immemorial‟. Subsequently, the thread of my
                   life has unfolded in various posts and positions and along the way, the Nisga‟a and
                   I have shared much together.

                   It wasn‟t too long after that childhood, that I was first made acquainted with the
                   principles of the Royal Proclamation of 1763. In 1832 that Proclamation was
                   categorized by US Supreme Court Chief Justice John Marshall, as „British Policy,
                   assuring Indian Nations were distinct, independent political communities with their
                   own original natural rights as possessors of the soil since the beginning of time‟. The
                   Proclamation, along with a „fiduciary duty‟ of „the Crown‟ in right of Canada, was
                   deemed to assure the well being of Aboriginal Peoples and was regarded as the
                   bedrock of their inherent rights. Naturally, Frank Calder was brought up on these
                   promises of justice. But after generations of Nisga‟a Leaders succeeded each
                   other in search of redress of their Claims, without results, Frank Calder sought power
                   to change things. As the first Aboriginal Member of the British Columbia Legislature
                   in the Commonwealth, Frank took up the challenge of their Claims in concert with
                   the Nisga‟a People.

                   We are all aware of the prejudice and injustices that stain our Provincial history. In
1867, one of my least illustrious predecessors, first as Premier and later as Lieutenant
Governor: Joseph Trutch cemented a negative attitude against the search for
justice in matters of Aboriginal Rights and Title that continued to haunt British
Columbia for at least the next 120 years. But by centennial year 1967 things were
starting to change, when the renowned T‟sleil Watuth, Burrard Chief, Dan George
was able to give what was considered at the time to be a shocking, if memorable
speech on why he could not celebrate Canada‟s birthday. In spite of the ghost of
Joseph Trutch, a good number of British Columbians of all heritages began working
together toward a new day for First Nations and Aboriginal Peoples and things
began to change a little more quickly!

It‟s a cliché to say that if you remember the 1960‟s you were not there, but even
without such impediments, it is becoming difficult now to recall how really
promising the late 1960‟s were. In my opinion, it was a time of immense
hopefulness, of infectious ferment directed toward resolving social inequities, all
suffused with the conviction that we were on the road toward a „more just society‟
together. There seemed to be a whole new consciousness at play, supporting
remedies to past injustices and embracing the possibility of a „new day‟ for
Aboriginal Peoples and all others who were oppressed. The sense of the times was
manifest in many ways, perhaps among the most notable was the emergence of
two great movements still shaking our universe with sweeping demands for
women‟s equality and for a sustainable environment. It seems we were the first
people to comprehend that our duty as citizens extended beyond respect for the
past and an interest in our own survival, to understand that we were also
responsible too for the well being of all those who would follow us on this earth! The
legal expression of these hopes and dreams still echo through the justice system
today, but we have moved beyond rectifying past injustices toward insuring the
fundamental Human Rights of every citizen.

Nisga‟a Leaders were inspired by the splendid spirit of those times as well and
revived the work of their 1913 Land Claims Committee. Among so many others, I
remember in addition to Frank Calder, the Nisga‟a Claim being recommenced by
James Gosnell later succeeded by his brother Joseph, (with us today) Bill McKay,
Maurice Nyce, Hubert Doolan, Harry Nyce, Bert McKay, Rod Robinson and Alvin
McKay, (*the latter two and I had progressed from childhood through high school
together). They formed the Nisga‟a Tribal Council and formulated what was to
become the Calder Case in a suit against British Columbia seeking a declaration
that: the Aboriginal Title of the Nisga‟a People had never been extinguished. Led
by the formidable Thomas Berger, and ultimately argued before the Supreme
Court of Canada, with Aboriginal Title as the sole issue, Justices deliberated on
what soon known simply as “Calder”, to be determined by 7 of 9 judges with one
ruling against the Nisga‟a on technical grounds, the remaining six were equally
divided with three in favour and three against. I hosted a radio show at that time,
and remember a quiet statement by Tom Berger observing: „sometimes a loss is
almost as good as a win‟ and so it has proven to be.

It is generally agreed that the first significant outcome of „Calder‟, was the famous
Dissenting Judgement of the gifted Saskatchewan Jurist: Mr. Justice Emmett Hall,
who unequivocally placed responsibility for action right back into the political
sphere. The effect was to move Aboriginal Rights and Title onto Canada‟s Agenda
(and although denied for another 20 years), also onto British Columbia‟s Agenda.
In 1973 Prime Minister Trudeau, who had long maintained that it was impossible to
right historic wrongs, famously „changed his mind‟ and informed Canada‟s first
Aboriginal Member of Parliament, future Minister and Senator Len Marchand: “your
People have a lot more Rights than I thought you did, but it will take us a decade
to define what they are”.

By now, the Nisga‟a were my Skeena constituents and on January 26th, 1976, The
Nisga‟a Tribal Council and Canada gathered in New Aiyansh, on a basis of equal
respect, to open negotiations on a Treaty. Under Premier Bill Vander Zalm, British
Columbia joined this negotiation in 1990. Twenty-four years after they had started,
President Joseph Gosnell announced that the Nisga‟a canoe had safely landed at
last. On September 12th, 2000, the Nisga‟a Lisims Government convened their first
Meeting in their own Legislature. Every step along the way is recorded in history
providing other First Nations here at home and across the world with the
confidence that it can be done.

As we mark this historic 30th Anniversary together, we are also conscious that for the
Nisga‟a, the struggle began with the arrival of Captain Vancouver off the North
Coastal Waters of the Nass River in their Territory. We note with pride that although
opposition was strong, during the course of this long struggle there have always
been many descendants of those first European settlers who have given their
strength and support to the Nisga‟a cause. When, even at the 11 th hour in 2000,
objections continued through the court, it was Frank Calder in his eighth decade,
who stood firm in the witness box, supporting the contention that the „inherent
right of self-government‟ had survived Confederation and once again led by
Thomas Berger, the court agreed that all the Rights set out in the Nisga‟a Treaty are
Treaty Rights that are protected under the Section 35 (1) of Canada‟s 1982
Constitution.

Few of us are privileged to change history; Frank Calder is one who has done so.
Had there not been an Honourable Member for Atlin, elected in 1949, in the person
of the „Little Chief‟, Frank Calder and for his presence in the Legislature of British
Columbia, we would all today, be the poorer. Without Frank Calder and the
resulting Calder Decision, the 1982 Constitution of Canada, would not now include
a vital commitment to Indian, Inuit and Metis Peoples, as is contained in Section 35:
and described in Regina Vs. Sparrow: calls for a „Just settlement for Aboriginal
Peoples. The section renounces the old (read *Trutch) Rules of the Game, under
which the courts established Courts of Law and then denied those Courts the
authority to question sovereign claims made by the Crown. Frank, through your
actions and leadership, you have allowed us all to reinforce the dignity of this great
country.

From the very beginning of that first delegation in the 19 th Century to Queen
Victoria, The Nisga‟a People always sought to enter INTO Canada, and not to
separate from it. I rather think those who suggest parallels between Nisga‟a and
Quebec often miss that most salient of points. Canada is always to remain a „work
in progress‟. Through steady, generous and reasoned negotiation, Frank Calder
and the Nisga‟a People have increased the capacity of our capacious
constitutional tent. We are all proud that the „Rule of Law‟ under which we have
chosen to live together, has been broadened sufficiently to include more of the
diversity that so strengthens our nationals identity as Canadians!

All Canadians and Indigenous Peoples around the planet have gained by this
Treaty.
 For the Nisga‟a, as Joseph Gosnell has wisely said: „Now we are free to make
    our own mistakes‟ but more than that: the Nisga‟a are now legally able
    exercise the right of self-government within the Laws of Canada, derived not
    from delegation from the Crown, but from the fact that they were self-
    governing at the time that the British claimed sovereignty over what is now
    British Columbia.
 For British Columbia, there is resolution in the great Nass Valley.
 For Canada there is a new body of law built on the firm foundation of this
    successful search for justice.

I submit that for Canada also, there are less tangible but very valuable gifts
deriving from this historic agreement that may prove to be even more rewarding
over time. By embracing the Nisga‟a People, confederation has gained the gifts
of arts, music, languages, spiritual beliefs, customs and culture that are the legacy
of this ancient society with its roots deeply entrenched in the past and the future of
this magnificent land. We have learned mighty lessons of respect and hospitality
from First Nations, all of which has been reflected throughout the decades of the
Nisga‟a search for justice. I still occasionally hear those voices questioning why
throughout those excruciatingly long years of denial, frustration and seemingly
endless negotiations did that the Nisga‟a never once resort to hostility, anger or
even to discourtesy?

That question reminds me that in bringing the Nisga‟a into honourable membership
in our society, they have brought with them the timeless and priceless gift of their
philosophy of the „common bowl‟. Older than time, and rich in beliefs rooted in
the realities of this land, the ethic of the “common bowl”, has kept the Nisga‟a
People of the Nass Valley moving forward, through denial, disease and death. It
embraces a belief that all that ever has been, is now, or ever will be must be
shared. Those who do not understand, or who fear collectivities could benefit
greatly from greater application of the ethic common bowl, which through this
Treaty has now become an indivisible part of Canada‟s immeasurable plurality.

I submit that it is why Frank Calder, his fellow leaders and his People always knew
they would win when they started down this long, long road in 1967. I am so proud
of what has been accomplished across our time. Most of us can look back now
and see our younger selves in hopeful pursuit of change and now, can rest assured
that change has come about from the collective work of all of us. We
acknowledge and remember our leaders, and all those who did not live to see this
time of fulfillment and I know as we look ahead we can see our shared society
enriched by the addition of a timeless People with whom this favoured land is now
justly shared.

To the new Generation of Nisga‟a Leaders, even now progressing through Wilp
Wilho‟esk Nisga‟a and other post secondary institutions: when the reins of power
are in your hands I know you will continue to be inspired by the example that has
been set by Dr. FRANK CALDER. We salute your courage, foresight and
determination Frank, we also salute the great People from whom you come and
who have supported and sustained you through all the trials of the course of your
life‟s dramatic journey.

We especially thank all those in every part of our society, who saw, long before the
law, that when the Nisga‟a People at last became our fellow Canadians, we
would all been enriched in the process. On behalf of our fellow citizens in British
Columbia, I thank you, and I also bring a salute from that long ago group of „rag-
tag‟ cannery kids who few thought had much of a future, but who grew up to
become great Nisga‟a Chiefs, Members of Parliament and the Legislature, Ministers
of the Crown and Representatives of the Queen, knowing what an extraordinary
country Canada really is, when a „Little Chief” can do such big things!