Nuxalk Shun Court

Nuxalk Nation Government

Press Release

NUXALK NATION UNDER SIEGE !!!

Statement by the Nuxalk Hereditary Chiefs

"First of all the Nuxalk Nation would like to acknowledge Tatau, the Creator, through Manakays, the Great Spirit, for all that he has provided since the beginning of time and still does today."

The Nuxalk Hereditary Chiefs and their 19 supporters did not appear in Court today (January 22, 1996) because they challenge the jurisdiction of the BC Supreme Court over Nuxalk territory. The BC Supreme Court chose to proceed with the trial in absentia.

Warrants have been issued for their arrest. The courts are proceeding under the assumption that INTERFOR has full rights to steal and destroy Nuxalkmc resources, rather than addressing the underlying fundamental issue which is Nuxalk jurisdiction over these lands. The court has chosen to criminalize the Nuxalkmc under the pretext of disobeying their injunction so as to legitimize the taking of the trees from Nuxalk territory. This case reveals the British Columbia Government's assumption of jurisdiction in spite of the fact that no treaty has ever been made with the Nuxalk Nation.

THE NUXALKMC ARE NOT CRIMINALS!

They are implementing their inherent obligation to protect their land for generations to come. This is their traditional law. These inherent rights have never been ceded or extinguished. All domestic avenues have been exhausted because the Governments of BC and Canada refuse to acknowledge Nuxalk jurisdiction.

1. Assumed Jurisdiction
   • -denied position to present sovereignty/jurisdiction
2. Imposition of Foreign Laws
   • -detained from liberty
3. Use of Force as a State
   • -removal from natural territory
4. No Recognition as a "Nation" with sovereign powers and status
   • -denied by federal and BC governments to allow negotiations on a Nation to Nation basis.

NUXALK NATION

1. Governed by "Natural Law"
   • -Nuxalkmc are protectors of the land and all its resources
   • -everything flows from the "Smayusta" and practiced through the "potlatch system"
   • -traditional economy; use of natural resources
   • -Live according to Nuxalk customary laws
   • -Apply their decisions within their own territory
   • -Established their own rules of conduct in dealing with disputes & conflicts
   • -Established restorative mechanisms
   • -appointed river guardians, mediators and peacemakers
2. Religious Foundation of Nuxalkmc is their spirituality.
   Religion and law are one.
   • -song, dance, stories that is "Smayusta"
3. Human Beings
   • Cultural, social, political and economic rights.
     • -trade agreements, citizenship/immigration
   • Territorial Rights Language, customs, traditional values

FOREIGN LAWS

1. The government of Canada has no authority to pass legislation to abolish traditional government. The Indian Act does not apply to the Nuxalk on the basis that their territory is unceded. Nuxalk Nation retain their inherent rights.
   1. BC supreme court has no jurisdiction on this dispute
   2. BC government & its courts cannot define the Nuxalk jurisdiction or its territories.

MORALITY OF JURISDICTION

TERRITORIAL DESTRUCTION

1. Natural Law does not destroy resources Example: Namu run by a large fishing corporation abandoned the mid-coast causing economic ruin and massive social disruption as did Ocean Falls run by a large logging corporation.
2. Corporate Law today cannot economically sustain three thousand people without destroying resources and natural life (i.e. wildlife) and thus destroys a way of life for the Nuxalkmc. This is cultural genocide under International Law and their Covenants. The BC government is bound by the International Covenants on Civil and Political Rights and the International Bill of Human Rights. Canada and its' provinces are signatories on both these documents. The Nuxalkmc are a people distinct from others therefore, a Nation with absolute and exclusive territorial integrity.

Way!

Nuxalk Strong - Nuxalk Forever!

Hereditary Chief Nuximlayc
(Lawrence Pootlass)

Hereditary Chief Qwatsinas
(Edward Moody)

Hereditary Chief Slicxwliqw'
(Charles Nelson)

signed original on file -