The Political Struggle Behind the Delgamuukw Case

The 1994-1996 Trilateral Treaty Negotiations with the Gitxsan and Wet’suwet’en

Abstract

This article examines the political struggle behind the Delgamuukw court case, particularly the 1994-1996 trilateral treaty negotiations with the Gitxsan and Wet’suwet’en. The Gitxsan and Wet’suwet’en’s quests to have their Aboriginal rights and title recognized, and to prevent resource depletion in their hereditary territories, were intricately connected and multi-faceted. The Delgamuukw court case, which is often treated as a distinct issue, should be examined in the context of all significant events, both those which took place in the Gitxsan and Wet’suwet’en territories, as well as those at the negotiating tables. Although Aboriginal peoples’ struggle to preserve their cultural identity dates back to their early contact with the newcomers, colonial governance changed significantly in the 1980s. The neo-liberal governments of Canada and British Columbia moved from the paternalistic policies of the Indian Act to supporting industrial encroachment on a large scale. Neo-liberal governments tend to show benevolence. In fact, their policies may be as harmful as the colonial policies from the first half of the 20^thcentury. In 1990, British Columbia joined the treaty negotiations and commissioned the establishment of the B.C. treaty negotiations process. The Gitxsan and Wet’suwet’en were among those First Nations who undertook negotiations with the provincial government soon after the process had been established. Therefore, their experience provides valuable insight into how this new process started in the 1990s. Since that time, the B.C. treaty process has been extremely unproductive, and the Gitxsan and Wet’suwet’en trilateral treaty negotiations are among the many examples of its failure.