Wednesday, September 30, 1998

By Andrewlupton
Peninsula News contributor

Nisga’a Tribal Council pres-
ident Dr. Joseph Gosnell is call-
ing the Nisga’a treaty a “ray of
hope” that will help secure the
future of the Nisga’a people.

Speaking at UVic’s David
Lam Auditorium Sept. 17, Gos-
nell said the Nisga’a treaty
marks a new era in treaty ne-
gotiations between Canadian
governments and native peo-

“ples.

“Historically the British
Crown and later the Canadian
government’s- approach to
treaty-making was made on the
basis that aboriginal title and

"rights must be extinguished by

way of surrender,” said Gos-
nell, a chief negotiator of the
Nisga’a negotiating team.
“The Nisga’a nation has re-
jected this approach because it
“js seen as severing the ances-
‘tral ties on which First Nations’
rights are based,” he said. “Sur- .

- render carries with it the idea

of subjugation or conquest and .
that is unacceptable.”

~ Instead of “surrender and —
extinguishment,” Gosnell said’

the Nisga’a final agreement, "
signed by the province Aug. 4,

Ralph David:

_ = Ralph was born on the fam-
‘ily farm in South Saanich, on

Jan. 20, 1908. His. parents,

William David Michell and An-
nie Turgoose, were leading
members ofthe area and
_ deeply. involved with the

; growth of the community.
~~" Becoming a full-time farmer .

at an early age, Ralph in later
-years spoke often of the early

times when his brothers and.

he spent many: hard days re-
moving tree stumps and clear-
ing brush for farm land,

The Michells were general”

farmers, growing a variety of:

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marks a “new approach” to
treaty-making by “agreeing on
rights rather than the extin-
guishment of rights.” Calling
the pattern of past treaty nego-
tiations unfair and oppressive
for natives, Gosnell said natives
were only able to gain new
treaty and title rights in past
treaties by surrendering exist-
ing rights.

The Nisga’a final agreement
outlines a new model for native
self-government. The agree-
ment will provide the Nisga’a,
a band of about 6,000 people

» living in the remote Nass Val-

ley north of Terrace, with new
rights to resources, 1,930 sq
km of land, $190 million, and a
form of self-government.

The Nisga’a agreement is
the result of treaty negotiations
and wiil likely be used as a tem-

~ plate to solve land disputes
with 51 other B.C. native bands. -
currently negotiating treaties...

The final agreement has al-

‘ready been’ signed by the -
“province, while members of

the Nisga’a nation wiil vote on
it in November. If approved by
a 50 per cent plus one majority -

~- of Nisga’a citizens, it will be

sent to the provincial legisla-
ture for debate and a ratifica-~

DARREN STONE PHOTO

Dr. Joseph Gosnell spoke of the merits of the Nisga’ a.
Treaty in front of about 100 people at UVic Sept. 17.

tion vote. Ratification legisla-
tion must also be passed in the

‘House of Commons.

‘Some critics of the agree-

“ment, including Liberal leader
~ Gordon Campbell, have called

for a province-wide -referen-

dum on the Nisga’a deal. Gos-
‘nell, however, said restricting ;

the vote to Nisga’a citizens is
the ‘only way to effectively :

". crops, and ‘raising assorted i:

“farm animals. In 1942; Ralph

~ decided to ‘take a: ‘chance on’.

aoe ” Francis ws

ae Mictiell, aman of many talents,

~ but who preferred to be recog-

nized as a farmer, died at the... {

~~ Saanich: Peninsula" Hospital
~ Sept. 22. He was 90...’ ;

growing: ‘Potatoes: ona larger.

acreage was planted, and pota-

toes eventually became the
* centre of his farming activities.

Over a period of 40 years,
Ralph built up. one of the
“largest quotas for potatoes in
Western Canada. » However,
with the discovery of the
golden nematode infestation
on neighboring farms, the fed-
eral government imposed in
1982 a ‘Potato Quarantine’ in

the district, which had devas-
tating affects on the Michell .

farming operation.
Over the next few years, 27
- alternate crops were produced.
These crops were very labor-
‘intensive and over-produced in

: time Ralph retired, and.
family members took over ‘the

With the resulting success- :
ful and profitable crop, more: -
s as his parents and brothers, he:-

-was a long: -standing director on

_and was frequently: -asked for

among the Nisga’ a people.
“People have asked why the
Nisga’a people should have a_
referendum, but other British
Columbians. should not,” he

‘said. “The answer is that unlike —
- Canada and British Columbia,

the Nisga’a nation does not to-.
day have a government that
has been given the legal au-

‘thority. to make binding deci-
Sauge: support for the treaty: oe

sions in respect of the property.

and other aboriginal interests
of the Nisga’a people.”

Gosnell said that under the
negotiation process, a referen-
dum is the only way for Nisga’a
people to express their opinion
of the agreement in a way that
is legally binding.

In the face of critics who call
this process undemocratic,
Gosnell said both senior levels
of government have made laws
of greater consequence to
Canadians without -first seek-
ing a referendum vote. As ex-
amples, he cited the North
American Free Trade Agree-
ment and the Columbia River
treaty.

“No referendum was ever
held on any of these treaties,”

said Gosnell. “Treaty making is
a national responsibility that
transcends the interests of in-
dividual provinces. There is
therefore no basis for a provin-
cial. referendum in. which
British Columbians — alone

would determine whether or. -
not. this national endeavor

would go forward.

The Nisga’ a acfeciient, ;
Gosnell said; is also. too com-

plex a package of provisions to

- be subject to a simple “Yes or
- No” vote. Gosnell said unlike .:

a ‘Michell family bids goodbye | to great ‘ ‘man of the land’.

By Brad Mervison
: Grandson. of Ralph Michell

“the area, This led to marketing »
problems which were never re-

‘task | of farming the land."
~ Although not as well- known’

the Island Vegetable Co-op, .

his input in farming matters.

“In his earlier years, Ralph »
excelled in sports, being an
avid basketball player. and
coach. He was also involved °
with local softball.

Ralph was predeceased by
his wife of 57 years, Mabel _
[nee Clow) in 1990, and is sur-
vived by his daughter and son-
in-law, Beverley and Ray Mor-
rison; his daughter Janice and
his son and daughter-in-law

David and Susan. He also

leaves 10 acest 17.

Ralph Michell
great-grandchildren, his
brother Gordon ‘Bud’ Michell,
and many nieces and nephews,

Ralph was known by many
as ‘the Potato King’ and had
many friends who appreciated
his sense of humor, good na-
ture and generosity.

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PENINSULA NEWS REVIEW. 5

the Charlottetown Accord or
the recent Quebec sovereignty
referendum, the Nisga’a treaty,
at 22 chapters and more than
700 pages, contains dozens of
varying and complex provi-
sions.

This, said Gosnell, makes
the Nisga’a agreement “not
conducive to an ‘all or nothing’
consideration demanded by a
referendum vote.”

Gosnell said if a province-

wide referendum were held,

many would vote ‘No’ simply
because they disagreed with
one or two aspects of the treaty.
Gosnell said this could lead to
a ‘No’ vote based solely on a

few issues of the. massive .

agreement, throwing the en-
tire process into uncertainty.
“If defeated in a. referen-
dum, it’s unclear what would
happen next,” said Gosnell.

~ And, after more than 20 years

of negotiations, he said it would

be “unfair to change the rules:

of the game at this stage.” Ina

slow but steady way, Gosnell _

read his 90-minute speech to

the audience. During the 30-

minute’ question and answer.
‘period which followed, all who

- spoke voiced their approval of

the Nisga’a treaty...

apy REIMCHE PHOTO

Santa (aka Scotty). has been on the Job fo for. the Toy F Run
for 14 of Its 18-year history. Sunday's: ‘48th annual Toy :
Run, organized by Canadian Biker magazine’sLen
Creed, was the best yet, with more than 500 bikes tak- ©
Ing part. All procesds and toys go to St. Vincent de
Baul for thelr Christmas campaign. mare

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“Celebr ate The Harvest!

FRESH FRUIT & VEGETABLES”
FARMS & FIELDS —

SIDNEY

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