| Abstract/Description or Keywords |
The Yinka Dene ‘uza’hné from Nadleh Whut’en and Stellat’en formally enacted the Yinka Dene ‘Uza’hné Surface Water Management Policy and Yinka Dene ‘Uza’hné Guide to Surface Water Quality Standards (Appendix 1). Our Territories are located in north-central British Columbia and encompasses an area of about 500,000 ha in the vicinity of Fraser Lake, B.C. (Appendix 2). We have been governing our Territories in accordance with the Yinka Dene legal tradition for thousands of years. There are several distinct elements of our governance system and legal tradition. In particular, our peoples are affiliated with various clans that include hereditary leaders known as ‘uza’hné. We also have land and resource management territories known as keyah associated with extended family units. The primary institution for governing keyah and clans is through our potlatch system of governance known as bahlats. Prior to contact with settlers, this interconnected system determined legal obligations and authority for stewardship of and access to lands, waters and natural resources to ensure that they benefit present and future generations. After contact, our governance system and legal tradition has persisted and evolved, responding to developments such as the imposition of Indian reserves and bands, a provincial trapline registration system that did not necessarily correspond to keyah and Canada’s former ban on conducting bahlats. We continue to apply our laws, including through the bahlats, and continue to recognize our ‘uza’hné, keyah and clan membership. The relationship between our culture and governance and the waters and fish in our Territories is inextricable, functioning like a two-way street. Harvesting fish is a key cultural and economic practice that supports the clans, bahlats, keyah and ‘uza’hné. At the same time, the system of clans, bahlats, keyah and ‘uza’hné forms the framework for the governance and management of use of waters and fish for the benefit of present and future generations, including responsibilities to make decisions regarding protection and stewardship. We continue to undertake monitoring, regulation and enforcement activities in keeping with these obligations to the best of our ability. Section 35 of the Constitution Act, 1982 recognizes and affirms our Aboriginal title and rights throughout our Territories, including our governance and management rights and obligations. Nadleh Whut’en and Stellat’en have entered into various government-to-government agreements with B.C. whereby the Province recognizes our Aboriginal title and rights, and our authority and jurisdiction to make decisions based on our own laws, policies, responsibilities and protocols. |
