Looking at Losses Through the Lens of Indigenous Laws
The following videos focus on the costs of loss of lands, taking of lands for rights of way, and resource loss continue to have on Indigenous people’s communities. Disruption of the relationship between the people and the land has severe impacts on Indigenous cultures and identities.
“We are the People of the Lake and we don’t have access.”
William Alexander, Tsal’alh (Seton Lake First Nation, St’at’imc) talks about how the people from Seton were originally known as the People of the Lake, but when the railroad right of way was forced through their community, the building of the railway blocked all access to the lake. The people now have to travel kilometres out of their village to put their boats into the water. The railway runs right in front of people’s homes and has disrupted the community in many ways, including causing hearing damage to individuals who live close by.
“Illustrating the costs of cumulative loss.”
Sherry McIntyre, Skuppah Indian Band, Nlaka’pamux Nation, gives examples of how the use of their reserve lands are disrupted through different uses of the right of way. Disruptions include blocking access to the river and fishing sites; leaving debris from various activities, such as hydro fibre-optic cables and old fencing in the right of way; spraying of chemicals in the right of way, which impacts asparagus which is an important food resource; the noise disruption which meant that lands immediately adjacent became uninhabitable.
Sherry McIntyre, Skuppah Indian Band, Nlaka’pamux Nation, gives examples of how the use of their reserve lands are disrupted through different uses of the right of way. Disruptions include blocking access to the river and fishing sites; leaving debris from various activities, such as hydro fiber-optic cables and old fencing in the right of way; spraying of chemicals in the right of way, which impacts asparagus which is an important food resource; the noise disruption which meant that lands immediately adjacent became uninhabitable.
“Loss of people from the land.”
Angie Bain and Aaron Sumexheltza of Lower Nicola Indian Band, Nlaka’pamux Nation, talk about the cost of a failure to reserve a communal fishing spot and the loss that has had on a sense of community, access to vital resources, the ability to take care of the land, as well as collective cultural losses and community knowledge.
“Failing to honour women’s resource use and relationships with the land.”
Mariel Belanger, Syilx (Okanagan Nation) talks about the fact that Syilx women’s relationship with the land, and responsibilities toward it, were denied when reserves were created. Newcomers formed relationships with Syilx women, and these relationships allowed them to settle in areas, but then the newcomers ended the relationships and the women were set aside. This allowed newcomers to settle areas where they could not have before on the lands that were associated with Syilx women. Permaculture sites linked to women, such as tule harvesting sites, were not protected.
“What were the areas that were held by women under women’s laws”
Nlaka’pamux lawyer Ardith Walkem speaks about how colonial laws and policies targeted Indigenous legal systems. She also discusses the ways in which colonial administrative systems such as the Indian reserve and Indian status systems disempowered Indigenous women and the consequences this had on Indigenous legal systems.
Questions for consideration:
How do the losses that give rise to your Nation’s specific claims continue to impact your community?
Would your community see a benefit in speaking directly about the losses they have experienced on your own territory?
What would the benefits be to your community of having community members speaking about the historical issues that continue to affect them?
Would your community’s protocols support meeting directly with the people reviewing your specific claim on your territory? At what point in the process should this occur?