Key Messages
Ama gya’at - to look after, a responsibility to care and sustain
Ganii’nit - Continuous
Didi’t – all-inclusive specific to look after
‘Nidinhl – to acknowledge
Yip adawaaxm- laws of the land and everything on it for future generations, conservation, management, water-first
Ayookw – law, authority, absolute
Adaawk (adaxw’m) – right, oral history, all encompassing, culture
Lax yip - territory
Ama gya’at gan’ii didii’it – I continue to look after
Nemdii gwassinhl ayookw – don’t break the law
Blue Ecology - an ecological philosophy, which emerged from interweaving First Nations and Western thought that acknowledges water's essential rhythmical life-spirit and central functional role in generating, sustaining, receiving and ultimately unifying life.
Whereas
Wilps Geel holds aboriginal rights and title and is the sole holder for Wilps Geel members of its lax yip and has didi’yt and sustain our ayookw of the lax yip and everything on it for future generations.
Wilps Geel holds the following territories: (see schedule A maps):
Whereas
Any activities that are within Wilps Geel's lax yip where it affirms aboriginal rights and title, including the exclusive right to decide how the land is used, to grant consent and access to a project and the right to economic receive benefits from those uses, subject to the interest of future generations.
Whereas
Wilps Geel expects all companies operating on our lax yip to fulfill Call To Action No. 92 of the Truth and Reconciliation Commission of Canada: Calls to Action, which calls on the corporate sector to adopt the United Nations Declaration on the Rights of Indigenous Peoples, including to meaningful consult with Indigenous People to build respectful relationships and obtain the free, prior, and informed consent of Indigenous People before proceeding with economic development projects.
Whereas
Wilps Geel is the only authority for decisions on our lax yip however we are willing to negotiate with the Crown and project proponents, on a reasonable and good faith basis, to achieve reconciliation.
Whereas
Wilps Geel has not delegated any authority to other Gitxsan organizations or societies.
Whereas
Wilps Geel recognizes the importance of water to all life and has embraced a water-first
approach to inform environmental decision-making and is rooted in Gitxsan cultural
thinking because healthy water means a healthy ecosystem such as the Blue Ecology
approach.
“You must always be careful with what you put in the water”, Luulak, Thelma Blackstock.
Keep the rivers clean. Not to throw anything in the river. “yukhl naydim dii yuklw wil
aldim” We use the river and drink out of it.
Whereas
Wilps Geel’s lax yip have unique cultural expressions (i.e. trails, aboroglyphs or tree
carvings), current and past, that require proponent’s staff to undergo cultural training by
Wilps Geel.
Whereas
Resource extraction in the past on the territories of Wilps Geel has, as a whole, reached
an unacceptable level of impact, and thus the Crown, stakeholders and proponents are
expected to demonstrate a good understanding of cumulative effects and to initiate
mitigation efforts.
Whereas
Wilps Geel has a “neutral footprint” expectation of resource extraction and infrastructure
construction that is longer term, in order to neutralize cumulative effects. This means
an equivalent sized area of the project’s footprint, must be wholly reclaimed on Wilps
Geel’s lax yip at the start of project implementation (in addition to the project’s footprint
area at the end of the project) – if the proponent mines an area of 400 ha., then they
must restore/reclaim/reforest an additional 400 ha. of previously disturbed area when
the project is initiated, for a total of 800 ha.
Whereas
Wilps Geel is not willing to trade-off the survival and dignity of future generations for
short-term gain; however Wilps Geel welcomes economic development that is in
harmony with this trade-off principle and is based on a water first approach.
Whereas
Wilps Geel is a responsible, reasonable and good neighbour of the other huwilp of the
Gitxsan Nation. We do not speak or act for other Huwilp, and we respect their interests
including rights and title.
Whereas
Wilps Geel‘s goal is to have a comprehensive land and water use plan in place by 2030.
Meaningful consultation is not ceremonial consultation. Just talking or sending us a letter in-itself, is not meaningful consultation. First, you must make an effort to understand our culture, and tailor your communication to be knowledgeable and respectful. Your deadlines are not necessarily our problem – do not rush us. We have a very long planning time horizon – our motto is better right than fast. We do not want to have last minute surprises from you that unfairly place us in an awkward negotiating or trade-off position. If adequate funds and time is not provided it may result in lack of support to move forward.
Prior to the Crown initiating further consultation on proposed licenses or permits, the Crown is expected to initiate into and fund negotiations, on a good faith basis, with Wilps Geel on a Reconciliation Agreement which will outline:
Sim’oo’git Geel and the wilp members need to be provided reasonable financial capacity to be able to meaningfully respond to plans, inquiries, meeting requests, consultation and engagement processes.
Wilps Geel must be advised of opportunities and plans well ahead of time. Proponents (including BC Timber Sales and Small Scale Salvage Operators) who wish to undertake feasibility studies or implement resource extraction or infrastructure construction are expected to achieve negotiated support for a project or extraction activity by:
Once the proponent selects a leading alternative or proposed plan, Wilps Geel will put their mind to the project, or plan to determine suitability. If the project along with the negotiated benefits that arise to Wilps Geel, is acceptable, Wilps Geel intends to issue a support letter or project release to be shared with the Crown.
The proponent will provide reasonable funding to Wilps Geel to undertake negotiations of a consultation protocol which aligns with this policy, and as needed, negotiate an Access and Fair Impact Benefit Agreement (see Schedule C for an example). Impact benefit sharing can come in the form of one or more of the following:
a) Financial;
b) Equity positions;
c) Cultural studies; Environmental; archeological etc.
d) Procurement; Contracts
e) Infrastructure such as cabins, cultural buildings, and funds;
f) Training and Employment; and/or, Resource Royalty ($/m3 or $/km or $/ton)
g) Capacity building as the project moves forward
Joint ventures or business partnerships must be established for all contractors that will be part of projects on Wilps Geel territories (lax yip).
Face-to-face communications are required when we meet a person, company, or agent of the Crown for the first time, or for sensitive discussions. We also embrace new communication methods and technologies where they are appropriate.
Sim’oo’git Geel, on behalf of Wilps Geel, is the final decision making authority (i.e. not any other Gitxsan organization or society). Before a decision is made, Sim’oo’git Geel will engage with the internal Wilps Geel simgiigyat (advisors to Sim’oo’git Geel) and wilp members in meaningful dialogue to discuss the proposal and provide the simgiigyat and wilp members with information and input into the decision making process. Sim’oo’git Geel has to weigh things on behalf of the wilp. Balance with moving the house forward, healthy and strong and address all environmental concerns.
Wilps Geel may require the proponent to post a bond in Trust if there is a possibility that a force majeure (e.g. tailings dam rupture or chemical spills) could result in an environmental disaster.
Project and technical staff from the Crown, or a Proponent, are expected to attend a one day cultural awareness course hosted by Wilps Geel prior to conducting business on our lax yip. This will be an orientation of witnessing and experiencing our culture and maybe to sit in silence and listen. This policy will be explained along with unique cultural resources and the environment first vision.
Wilps Geel will treat proponent’s commercially sensitive information as confidential. Proponents and agents of the Crown are expected to treat our cultural information, especially the location of archaeological or heritage resources, as strictly confidential.
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