Editors Notes; The quotes I used from Delgamuukw are in dark red, the quotes I used from Coastal GasLink Pipeline Ltd. v. Huson are in dark green. Credits, thanks to the many people who shared their research with me to make this presentation.
The problem with the press is they are so damned gullible and the Office Chiefs and blockaders are having a field day pulling the wool over their eyes, leading them like blind sheep to slaughter. Too lazy to do their homework, they could have read the reasons given by Honourable Madam Justice Church who said “More recently, there have been disagreements among some of the Wet’suwet’en people with respect to who holds certain hereditary chief names and whether proper protocols have been followed with respect to taking of such names.“
So let’s have a look at what Honourable Madam Justice Church said about using aboriginal law in Canadian Courts.
“As a general rule, Indigenous customary laws do not become an effectual part of Canadian common law or Canadian domestic law until there is some means or process by which the Indigenous customary law is recognized as being part of Canadian domestic law, either through incorporation into treaties, court declarations, such as Aboriginal title or rights jurisprudence or statutory provisions: Alderville First Nation v. Canada, 2014 FC 747 at para. 40
There has been no process by which Wet’suwet’en customary laws have been recognized in this manner. The Aboriginal title claims of the Wet’suwet’en people have yet to be resolved either by negotiation or litigation. While Wet’suwet’en customary laws clearly exist on their own independent footing, they are not recognized as being an effectual part of Canadian law.
Indigenous laws may, however, be admissible as fact evidence of the Indigenous legal perspective, where there is admissible evidence of such Indigenous customary laws. It is for this purpose that evidence of Wet’suwet’en customary laws is relevant in this case.”
Before we move on when Madam Justice says “The Aboriginal title claims of the Wet’suwet’en people have yet to be resolved either by negotiation or litigation” She is referring to the Office of Wet’suwet’en having wasted the last 30 years doing nothing, neither negotiating or litigating. Just a blatant waste of millions of dollars, time effort and energy at the expense of the Wet’suwet’en Nation.
The above explains exactly why we have the problems we face today, and the Office Chiefs have the audacity to claim that the 3 Herditary chiefs threatened thier negotating position with goverment, the position of DO ABSOLUTELY NOTHING?
So in simple English, we can quote from testimony excepted by our courts as evidence to support claims in new arguments.
Canadian Law shows precedents however, once they are entered and accepted as evidence in our courts, for example evidence submitted in the Delgamuukw decision can be used in case law, for example. The following proves it is impossible for Warner Naziel, the nephew of Alphonse Gagnon, son of the sister of Chief Kloum Khun (Alphonse Gagnon) of the Owl House to be the legitimate heir of the Sun House title.
Now from the testimony of the heirs of the legitimate Smogelgem who testified at the Delgamuukw trial. It would be honest and fair to say that Wet’suwet’en Law was written to a great extent by elders in recorded testimony at the Delgamuukw trial.
Our goal here is to show the press how they have been duped by the Office of the Wet’suwet’en into accepting the legitimacy of fake chiefs and the legitimacy of stripping tittles of other Herditary Chiefs.
Lets refer to some of her testimony in that same transcript, regarding Wet’suwet’en Law on the passing of Herditary Chiefs names.
Page 22 line 21-24 the testimony of Mary Joseph on December 7, 1988 in the Supreme Court of British Columbia. References see https://open.library.ubc.ca/collections/delgamuukw/items/1.0018481
Question.
All right. Now, when someone in a Wet’suwet’en house who has passed away, is the name given to the person in the house who makes the largest contribution at the feast?
Answer.
When a person passes away, whoever contributes the most is considered as the successor.
Question
All right. And does the name — if the person that contributed the most was in the same clan but in a different house, would they get the name?
Answer.
It’s always when a person passes away; it’s always the person in the same house.
Solid evidence showing Warner Naziel is the fake Smogelgem, something listed as a reason for holding a “Shaming Feast” when you read the book Niwhts’ide’nï Hibi’it’ën The Ways of Our Ancestors (stealing a name)
The Office Chiefs (Office of Wet’suwet’en cannot have it both ways, you either accept the testimony of Delgamuukw, as the basis of Wet’suwet’en law, or you refute Delgamuukw as the rantings of old men and women. The farce put together to dupe the press, suggesting they (the Office Chiefs) get to decide who earned the job comes out of the blue and has no basis in Wet’suwet’en law other than if its supported by testimony already given in the Delgamuukw trial.
The decision was never that of the Hereditary Chiefs who are NOT part of a specific house, it is 100% the decisions made in house, and in this case the Sun House.
The Owl House has NO jurisdiction to take control of the lands, title and names of the Sun House.
Simply omitting a very important part of the law, who would notice right?
There is ample evidence out there that the legitimacy of the Hereditary Titles obtained by Warner Naziel and Frank Alec Jr. were done so under very suspicious circumstances. Let us begin with the protocol used by the Wet’suwet’en Nation in the past, when they had issues to reconcile.
The Office of Wet’suwet’en itself was part of writing a book called “Niwhts’ide’nï Hibi’it’ën The Ways of Our Ancestors” where they show how they hold a balhats to deal with issues like that of stripping a title from someone for dirtying a blanket, however it comes as a last resort, not a first strike against any member of a clan, never mind the highest position there is in a clan, that of a Hereditary Chief. The decision to strip a title comes from inside a single house, not by anyone outside of that house and we now know this is exactly what was done by 5 Hereditary chiefs led by John Ridsdale in complete violation of all tradition laws.
I found it particularly amusing in this book “Niwhts’ide’nï Hibi’it’ën” where it claims that the first year of a Herditary Chief is a year of silence. Consider the public declarations by both Warner Naziel and Frank Alec Jr. in the press lately to know that rules simply do not apply to these masters of deception.
No balhats was held to strip any Hereditary Chief of their titles, to do so it must be announced to the Wet’suwet’en well in advance of such a balhats, no records show that any such event ever occurred, it was a backroom deal done in private in complete contravention of Wet’suwet’en Law.
Next considering the actions of stripping a title was done by people of equal rank also Hereditary Chiefs can you imagine my dismay after reading damn near every book that exists on Wet’suwet’en history, inclusive of thousands of pages of Delgamuukw and not find one reference to any incident where a Wet’suwet’en Herditary Chief was stripped of their title. Let alone stripped for having a different opinion than that of a man who claims to head a privately owned business called the Office of the Wet’suwet’en. Yes they have made that claim, in spite of being listed as a non-profit society.
So they (The Office) are not the Herditary Chiefs, they do not even include all of the Herditary Chiefs, they did not do so in the past, and do not do so at present.
The following from “Coastal GasLink Pipeline Ltd. v. Huson” is why john Ridsdale was so bitter at the female Heditary Chiefs, or one might say his motive for getting rid of them.
Darlene Glaim and Theresa Tait-Day both assert that they are hereditary chiefs of the Wet’suwet’en and that they were tasked by other hereditary chiefs with forming a group to consider how to conduct decision-making as a nation with respect to major projects in Wet’suwet’en territory. According to Ms. Glaim, this arose due to concerns from some hereditary chiefs regarding the refusal of the Office of the Wet’suwet’en to engage in negotiations regarding projects in their territory because of concerns that such engagement might compromise its position in treaty negotiations and its title claims.
But that’s not the only thing that was freaky the chiefs out, it was the evidence supported by maps from the Delgamuukw court case that proved the buildings built by the Unist’ot’en blockaders, in particular the so called assets of Warner Naziel and Freda Huson (The Hooligans camp) and their so called Healing Center was mistakenly built on Grizzly House territory, not in Dark House territory.
“Ms. Glaim further asserts that the Bridge Blockade and the Unist’ot’en Camp are located in Grizzly House territory, not in Dark House territory as alleged by the defendants, in accordance with territorial boundaries described in Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010. “
Now that brings me to the new Chief Woos, or we have to leave that one to another day, because right now for the life of me, other than they do share the same clan, how this man was picked over a woman who is Hereditary and was chosen by the former Chief Woos. There is nothing about his liniage that makes him the next most eligible heir in line for the position.
My guess is that Roy must be rolling over in his grave on how the young punks who took over after his death defiled his last wishes. I have nothing against Frank Alec Jr. he worked hard as the MC for John Ridsdale & Company and was their primary translator according to insiders. However you cannot steal a Hereditary Title, there is nothing in Wet’suwet’en law ever recorded that allows for a Hereditary Chief to be stripped of their title.
After watching him speak, sitting with Freda and her x-husband Warner, once again my mind goes back to the book the Office of Wet’suwet’en is flogging on our communities kids as part of their education, how can we take it seriously when they so blatantly break their own rules? Where exactly is the year of silence when he is talking about the Wet’suwet’en like he was the Commander of the USA Navy listing the terms of Canada’s surrender. I am referring to his speech on CBC yesterday from the Mohawk Territory talking about the terms for peace and demands on RCMP and CGL.
First of all it appears he has no clue that he does not get to dictate the terms to the Government of Canada on the issue of illegal actions or activity. He is subject to the orders of the Supreme Court of Canada, not its master.
My mind does drift back to a horrific case, the story of Chief Kwees “And the warriors realized what it was. It was the private parts of women that he had cut out and put on his arms. And the warriors got mad at him. They push all the boats out — out on the water.” Even considering his horrid behavior his punishment was only “So after they finished feasting, they took all the regalia from the village and they started distributing them out and they — the warriors found a beaver hide, an old beaver hide, and they throw that at Kweese and there was a goat hide also with a head still on it. They throw that to him too, and also an eagle with no tail feathers, and a weasel, and they told him, “This is all you’re going to have because we — you caused us a lot of hardship. We’re going to take the rest.”
Even for that he was not stripped of his title.
I want to give my closing words to one of the women that was key in making the Delgamuukw land claims case happen, was key in providing information to
to write the book “Eagle Down is Our Law” used as argument by the Office of Wet’suwet’en. Few people know more about Wet’suwet’en law than this lady does. she was raised to be an expert in Wet’suwet’en Laws. I give you the words of Rita George who spoke at the Pleasant Valley Cafe in Houston, B.C. on February 20, 2020.
“I want the world to know why I am stepping forward as a matriarch,” the trim, curly-haired 80-year-old said in an emotional interview at the Pleasant Valley Cafe in Houston, B.C. “The world thinks the matriarchs are behind all the protests going on and that’s not true. None of the matriarchs were contacted.”
“I want the world to know what’s been happening to us. We are being bullied, it’s so shameful, so hurtful. We are being humiliated.”
“It hurts me to see them [pipeline opponents] wearing regalia in the snow and mud and marching in the cities. That’s not right. That’s affecting all of us. Our ancestors would say they are dirtying the names and the regalia.”
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"Now you know the rest of the story"
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The announcement yesterday by the Liberal government of $2 Billion dollars being sought in funding for various indigenous initiatives helps a bit in understanding the cash cow that was (and may become again) available to some enterprising First Nations people. I was particularly struck with the funding amount mentioned in the article in terms of “forgiving” past federal loans to assist First Nations in land claim negotiations. Well over a staggering ONE BILLION DOLLARS! A lot of this went to BC according to the report. Whew…that’s a lot of dough that was spread pretty thickly among various band councils and organizations like the Office of the Wet’suwet’en. I wonder how much passed through there? It’s no wonder there is a scramble these days to become a chief of some kind. It seems like some awful rich pickings are out there… with the end result being very little to show …or sweet bugger all accomplished. You can read the CBC story in the link below. What follows below the link is my initial reaction to the news when I first heard it.
https://www.cbc.ca/news/politics/indigenous-government-spending-blockades-1.5470670?fbclid=IwAR32GiiJIc-AIMC_7ggjf14V66IQtLnmQX5nE4U5GZmDGggwuk5-vlTXs-A
Ye Gawds! Sad. An all too typical Canadian solution to any vexing or perplexing problem…throw more money at it ! This quote from the attached CBC article has roiled my cauldron the most:
“One of the bigger items in the supplementary estimates would forgive $919 million in debt that Indigenous groups across Canada accumulated while they participated in comprehensive land claims negotiations.
The government announced in its budget last year that it would repay or forgive $1.4 billion in loans the government gave Indigenous communities — many of them in British Columbia — to allow them to participate in land claims negotiations.”
That is an astounding amount of moolah! Evidently talk ain’t cheap. Where in sam hell have all these monies gone? Why are there so few and far between settled land claims? What unholy rabbit hole of indigenous-settler discussions has managed to swallow up over a billion dollars in taxpayer funds…with little or NO result? Who benefited from all this fiscal largesse anyways? Lawyers? Negotiators? Chiefs? Band Councils? Where did the money go? And to what end? What we have at present is a government subsidized land claim industry that is sucking up money like a hoover with little or no results.
Faced with the tempestuous impasse and turmoil in which our country is presently embroiled, I would suggest that money is not the solution to the problem…the conviction from all parties to honestly and forthrightly sit down in good faith and earnestly negotiate these pressing and important land settlements is!
Post Haste!
Enough dithering…and spending.
To paraphrase Shakespeare:
The Fault, Dear Justin, is not in the Stars
But in our lack of collective will to Act
Sad. An all too typical Canadian solution to any vexing or perplexing problem…throw more money at it This quote from the article has roiled my cauldron the most:
“One of the bigger items in the supplementary estimates would forgive $919 million in debt that Indigenous groups across Canada accumulated while they participated in comprehensive land claims negotiations.
The government announced in its budget last year that it would repay or forgive $1.4 billion in loans the government gave Indigenous communities — many of them in British Columbia — to allow them to participate in land claims negotiations.”
That is an astounding amount of moolah 😮 Evidently talk ain’t cheap! Where in sam hell have all these monies gone? Why are there so few and far between settled land claims? What rabbit hole of indigenous-settler discussions has managed to swallow up a billion dollars in taxpayer funds…with little or NO result? Who benefited from all this fiscal largesse anyways? Lawyers? Negotiators? Chiefs? Band Councils? Where did the money go? And to what end? What we have at present is a government subsidized land claim industry that is sucking up money like a hoover with little or no results.
Faced with the tempestuous impasse and turmoil in which our country is presently embroiled, I would suggest that money is not the solution to the problem…the conviction from all parties to honestly and forthrightly sit down in good faith and earnestly negotiate these pressing and important land settlements is!
Post Haste!
Enough dithering…and spending.
To paraphrase Shakespeare:
The Fault, Dear Justin, is not in the Stars
But in our lack of collective will to Act
Very well explained and they should be changed
I have been saying for decades that there will be no end while the lawyers can see a path to more taxpayer dollars in their pockets.
We taxpayers have a right to know whom we have paid and how much. Odd the lame stream media doesn’t think to ask those questions. And they sure as hell won’t tell me!
May I suggest we pay only subsistence level wages to lawyers, negotiators, everyone involved until the treaty is signed. Then they get the rest of what they earned after signing. Think that might move things along?
After reading this article. I’ve always said this all about the money. I don’t care what race you are. There will always be people that have greed in their heart and do things that are contrary to their teachings to obtain that money
Thank you for publishing this authoritative account and insight into Wet’suwet’en society. It reaffirms my belief that if the hereditary chiefs were the legitimate leaders of their people, the hereditary chiefs would all be members of the elected councils.
This feels like it could be a continuation of original law suite for title and sovereign rule. I have no quarrel with granting title to the lands the Wet’suwet’en people have traditionally used, as even Delgamuukw suggested negotiation over a retrial. Giving sovereign rule to the hereditary chiefs seems like a truly horrible idea given that they do not respect their own laws, not to mention the complications it would create for the rest of Canada. Comes down to who gets the money, as others have said.