Quarterly takes first serious look at Nisga’a agreement

by Bruce Mason
Staff writer

In the midst of widespread interest, controversy and confusion concerning the
historic Nisga’a Treaty, UBC’s BC Studies: The British Columbian Quarterly
has published the first serious look at the agreement.

“How we improve relations between Native peoples and others should receive
the type of consideration this issue offers,” says Geography Prof. Cole Harris,
co-editor of the quarterly. “The treaty itself is an exceedingly important document
which requires a broader view and deeper reflection than the popular media can
provide.”

There is widespread interest in the special issue. Among those who immediately
ordered copies are Chief Joe Gosnell, president of the Nisga’a Tribal Council,
the Ministry of Justice in Quebec and academics in Australia.

The edition begins, appropriately, with Gosnell’s speech to the legislature
on Dec. 2, 1998 — a compact and powerful statement of the treaty’s meaning
for his people.

Some contributors support the agreement. Hamar Foster, legal historian at
the University of Victoria, provides a rich survey of the background. Charles
Taylor, distinguished professor emeritus of Philosophy at McGill University,
considers the propositions that it is racist and creates an unwarranted level
of government. UBC Political Science Assoc. Prof. Sam LaSelva discusses the
treaty in relation to Confederation and reflects on some of the fundamentals
of this country, liberalism and the U.S.

Other contributors are critical. Gordon Gibson, senior fellow of the Fraser
Institute, says the agreement stresses the collective at the expense of the
individual, ignoring human nature and the lessons of history. Neil Sterritt,
a Gitksan lawyer and a central figure in the long Delgamuukw land claims trial
rejects it for very different reasons. He considers it a land grab.

The final word is given to the trickster Raven, as far as he can be caught
and reported by John Borrows, an associate professor of Law at the University
of Toronto.

“Because of the importance of treaty and the debate that surrounds it, planning
for this edition began immediately after the signing on Aug. 4,” says UBC Educational
Studies Prof. Jean Barman, co-editor of B.C. Studies. “In short order,
these seven authors have created an important collection of remarkable writing.”

To order a copy of the special issue ($10, plus $2.50 postage), call 604-822-3727.
For more information check the Web site http://www.interchange.ubc.ca/bcstudies.