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'Out from under the Indian Act': Heiltsuk Nation, B.C., signs official constitution

The constitution affirms the nation's choice of governance, validating contemporary and traditional forms of leadership

The Haíłzaqv (Heiltsuk) Nation has signed into effect its written constitution, passed through generations, during a ratification feast on Friday, May 30, in Bella Bella.  

“This is a monumental day,” said Marilyn Slett, Chief of the Haíłzaqv Nation, located on the Central Coast of B.C. 

“It’s been there, it’s been part of our DNA for as long as we’ve been Haíłzaqv people,” Slett said of the constitution.  

Putting the nation’s constitution into writing and having it ratified by the people affirms the nation’s decision to be governed by joint leadership. This includes the elected chief and council, the Yímás Council (hereditary council) and the W̓úm̓aqs du M̓ṇúyaqs Council.  

"That’s a good feeling to get out from under the Indian Act,” said Hereditary Chief Frank Brown. “I think what’s amazing about this is the power sharing.” 

The imposition of the Indian Act meant elected forms of governance were never a choice for First Nations across Canada. It has brought confusion over who holds decision making power and rendered traditional forms of leadership into ceremonial roles.  

After 20 years of research, consultation and drafting, a written form of the nation’s long-existing constitution was at last finalized and ratified by referendum in February. The constitution was passed by a super majority vote, with 67 per cent of the 725 votes in favour. 

Over the six months preceding the vote, the nation hosted several community engagement sessions to ensure voters could make a well-informed decision.  

“I went to the engagement just to educate myself,” said Erin Wilson, a Haíłzaqv mother, language learner and wellness advocate.  

Wilson said she always knew the nation needed this – a coming together of Haíłzaqv people and their traditional knowledge and wisdom – but she didn’t quite know what that looked like until she attended the engagement sessions.  

“Awareness is empowerment,” she said.  

Today, she and her children are at the nation’s Big House to witness and celebrate the signing of their written constitution.  

While some Haíłzaqv may be hesitant about the constitution, Wilson said the community’s energy is bright.  

“There’s just a lot of excitement in the air,” she said, adding that along with the constitution, the nation is celebrating the five years since the Big House was opened.  

“This is something that we haven’t done in a Big House setting for a very long time,” Chief Slett said of the fact the nation is enacting Haíłzaqv law in the Big House, according to the nation’s ways.  

She said doing so is a “renewal and reclaiming of our ancestral law.” 

The document serves as a guide for the nation’s ǧvi̓ḷás (law) and brings together contemporary and traditional forms of governance to reinforce the nation’s sovereignty and self-determination.  

“We’re undoing oppression,” said Fran Brown, Chair of the W̓úm̓aqs du M̓ṇúyaqs Council (women’s council).  

Brown said that to know their ancestral laws affirms the nation had laws prior to colonization.  

“We are here, and we are affirming our ancestral authority and power to govern ourselves.” 

Brown is 66 years old; her mother, still alive and well, is in her 80s.  

“We never thought we’d see this in our time,” she said. “I know our ancestors will be smiling down on us today to know that we never gave up.” 

As the Chair of the women’s council, Brown said this is an exciting moment for women. 

“When I was growing up, we were always told the women are the backbone of the community,” Brown said.  

Haíłzaqv laws and traditions recognize the importance of joint leadership, and the nation has been reclaiming this in recent years. She said to do so, along with enacting Haíłzaqv laws, is “really honouring what was in place prior to colonization.” 

“This is for the Haíłzaqv by the Haíłzaqv according to how we see the world,” Hereditary Chief Frank Brown said. “When we validate this constitution in ceremony, in our Big house...it isn’t the end, this is the beginning of our journey of self-determination.” 

Chief Samuel Schooner of the neighbouring Nuxalk Nation is grateful to the Haíłzaqv for the work they’ve done towards self-determination. However, the Nuxalk, Kitasoo Xai'xais and Wuikinuxv nations have expressed opposition to territorial claims made in the Haíłzaqv constitution and want to see them resolved.  

“We’re dishonouring our ancestors who have worked together,” Schooner said, adding that the nations are more than neighbours, they are also connected through family. 

“Maps were designed to make us fight,” he said. “We need to put the politics and business aside...we have to sit down; we have to figure this out.” 

Chief Slett said the Haíłzaqv Nation is committed to following traditional protocols and upholding their ways.  

“Our map is included because we’re connected to our land and sea...that’s very important to uphold,” said Chief Slett. 

The Haíłzaqv have reached out, and the nations are working on coordinating a meeting to discuss a path forward. 

Learn more about the history and creation of the nation’s written constitution by watching the short YouTube films Haíɫzaqv Constitution: 'Qáikasas Ǧví'las, The Q̓áikasas Ǧvi̓ḷás: The great laws of the Haíɫzaqv, Part 2 film and For Us, by Us



Andie Mollins, Local Journalism Initiative

About the Author: Andie Mollins, Local Journalism Initiative

Born and raised in Southeast N.B., I spent my childhood building snow forts at my cousins' and sandcastles at the beach.
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