Gitxsan CommunityGitxsan CommunityA glimpse of Gitxsan Traditional A glimpse of Gitxsan Traditional

Knowledge and legal systemKnowledge and legal system

GisgaastGisgaastWilps: Woo sim lax ha’Wilps: Woo sim lax ha’

Sigidum Hanak: Atti-uu-uSigidum Hanak: Atti-uu-uUgh de’ wil gal umUgh de’ wil gal um

Produced by Peggy Morgan, Stephanie MorganProduced by Peggy Morgan, Stephanie MorganFather Tribe Father Tribe Gaakl, Verney Morgan Frog Tribe Gaakl, Verney Morgan Frog Tribe

Our AncestorsOur Ancestors

Our belief is god is with us and god is in us, Our belief is god is with us and god is in us, everything is sacred in all that we do, our spirit everything is sacred in all that we do, our spirit speaks to all other spirits respectfullyspeaks to all other spirits respectfully

Everything is done with the involvement of the Everything is done with the involvement of the ancestors and the creatorancestors and the creator

Everything aboriginal people do begins with and Everything aboriginal people do begins with and ends with prayer ends with prayer

We call the ancestors into our meeting to do We call the ancestors into our meeting to do everything in a good way and with all respecteverything in a good way and with all respect

then end in prayer of thanks and to end with then end in prayer of thanks and to end with goodnessgoodness

Other notes;Other notes;

The Gitxsan history, laws, and systems The Gitxsan history, laws, and systems have always been passed orally from have always been passed orally from generation to generation; this generation to generation; this accommodates change and room to evolve accommodates change and room to evolve

The government-paid agents follow The government-paid agents follow Canadian government laws and are Canadian government laws and are separate from the Gitxsan laws and separate from the Gitxsan laws and systemssystems– These agents include elected Chiefs, band These agents include elected Chiefs, band

managers, negotiators, and Indian and Northern managers, negotiators, and Indian and Northern Affairs CanadaAffairs Canada

What we will coverWhat we will cover Tribes, House (Clans), CrestsTribes, House (Clans), Crests Structure of the HouseStructure of the House Choosing a Hereditary Chief Choosing a Hereditary Chief Functions of the HouseFunctions of the House Basic Gitxsan LawBasic Gitxsan Law Totem PolesTotem Poles

Tribes, House (Clans), CrestsTribes, House (Clans), Crests

MatriarchyMatriarchyMirriam Webster DictionaryMirriam Webster Dictionary

““Main Entry: Main Entry: ma·tri·ar·chyma·tri·ar·chy – Pronunciation: \Pronunciation: \ ˈ̍mā-trē-mā-trē- ˌ̩är-kē\ är-kē\ – Function: Function: nounnoun – Inflected Form(s): Inflected Form(s): pluralplural ma·tri·ar·chiesma·tri·ar·chies – Date: 1885Date: 1885– 11 :: a family, group, or state governed by a a family, group, or state governed by a matriarch– 22 :: a system of social organization in which descent and inheritance a system of social organization in which descent and inheritance

are traced through the female line”are traced through the female line”

There are 4 Gitxsan TribesThere are 4 Gitxsan Tribes

Fire Weed Fire Weed (Killer (Killer Whale)Whale)

Frog Frog

WolfWolf

EagleEagle

Basic Gitxsan LawBasic Gitxsan Law All law is based on respect for all spiritual All law is based on respect for all spiritual

lifelife The Gitxsan follow a system of matriarch The Gitxsan follow a system of matriarch Gitxsan Identity is determined by who the Gitxsan Identity is determined by who the

mother ismother is– If the mother is Gitxsan then the child is If the mother is Gitxsan then the child is

GitxsanGitxsan At all times Gitxsan present their Nation, At all times Gitxsan present their Nation,

tribe and House, when entering into tribe and House, when entering into potlatch, combat, debate, or statement; potlatch, combat, debate, or statement; – status (tribe, house, name) must be given to all status (tribe, house, name) must be given to all

parties and witnesses to be acknowledgedparties and witnesses to be acknowledged– Each house has a crest that is used also as Each house has a crest that is used also as

identificationidentification

CrestsCrests

House (Clans)House (Clans)

Each Tribe is divided into HousesEach Tribe is divided into Houses The Gitxsan follow a law of The Gitxsan follow a law of

matriarchy matriarchy – The children will be in the same House The children will be in the same House

as the motheras the mother If the Father is Fireweed and the mother is If the Father is Fireweed and the mother is

Frog, the children will be Frog; Frog, the children will be Frog; If the father is Gitxsan and the mother is If the father is Gitxsan and the mother is

not, the children are not considered Gitxsannot, the children are not considered Gitxsan

House/Clan structureHouse/Clan structure

Head Chief

Wing Chief Wing Chief

Adults

Advocates

WomenMen

Protectors

Teachers

Adopted

Choosing a Hereditary Chief Choosing a Hereditary Chief

Hereditary Chiefs are chosen by the House, and will hold Hereditary Chiefs are chosen by the House, and will hold title to land title to land

Chiefs from the house have final say on who will take the Chiefs from the house have final say on who will take the title of the last Chieftitle of the last Chief

Some factors considered when choosing a chief: Some factors considered when choosing a chief: – Blood Lineage Blood Lineage – committed to the communitycommitted to the community– respectfulrespectful– hard workinghard working– knowledgeableknowledgeable– IncomeIncome

A female or male may be considered to take the Chiefs titleA female or male may be considered to take the Chiefs title– If it’s a woman being considered, the more children she has is If it’s a woman being considered, the more children she has is

favorablefavorable The character of the children is also considered The character of the children is also considered

The head chief takes on the name of the HouseThe head chief takes on the name of the House– For instance if the house is “A vessel overflowing with Heaven” For instance if the house is “A vessel overflowing with Heaven”

then the head Chiefs name will be “A vessel overflowing with then the head Chiefs name will be “A vessel overflowing with Heaven”Heaven”

Atti uu’ u’ (wing chief) and Gil ga’ jetix’ (granddaughter)

Function of the HouseFunction of the House

Function of the ChiefFunction of the Chief presents to the Gitxsan and Community what presents to the Gitxsan and Community what

the House has decided, any proceedings that the House has decided, any proceedings that will take place, clarifies laws and land titlewill take place, clarifies laws and land title

Meets with the other Hereditary Chiefs to Meets with the other Hereditary Chiefs to discuss issues, community matters that have discuss issues, community matters that have been raised, liaises with the Housebeen raised, liaises with the House

Presents resolved or unresolved community Presents resolved or unresolved community issues to the other chiefsissues to the other chiefs

Has decisive authority; however any use of Has decisive authority; however any use of Gitxsan laws must be presented at the Feast Gitxsan laws must be presented at the Feast (Potlatch) in witness of all tribes and be (Potlatch) in witness of all tribes and be affirmed or dismissed by Hereditary House affirmed or dismissed by Hereditary House ChiefsChiefs

Function of the Wing ChiefsFunction of the Wing Chiefs

Works closely with the head Chief to Works closely with the head Chief to decide best route of actiondecide best route of action

Stands in for head Chief if she/he is Stands in for head Chief if she/he is not available to attend functionnot available to attend function

Makes emergency and auxiliary Makes emergency and auxiliary decisionsdecisions

Helps Gitxsan systems run smoothlyHelps Gitxsan systems run smoothly

Functioning Gitxsan Functioning Gitxsan CommunityCommunity Knows, applies, and teaches Knows, applies, and teaches

Gitxsan Laws, traditions, values, Gitxsan Laws, traditions, values, and survival skillsand survival skills

Advocates and liaises for younger Advocates and liaises for younger house membershouse members

Discusses with chiefs issues that Discusses with chiefs issues that may arise, and presents possible may arise, and presents possible solutionssolutions

Witnesses the proceedings at Witnesses the proceedings at feasts (Potlatch) feasts (Potlatch)

Gitxsan AdoptionsGitxsan Adoptions A person can be adopted into a Gitxsan A person can be adopted into a Gitxsan

House by the chief, or informally House by the chief, or informally through marriage and common law through marriage and common law relationshipsrelationships

The adopted person can participate in The adopted person can participate in the Gitxsan functions, potlatch’s, and the Gitxsan functions, potlatch’s, and use the House crest to show who she or use the House crest to show who she or he representshe represents

The adopted person can not speak for The adopted person can not speak for or on behalf of the Gitxsan, Tribe or or on behalf of the Gitxsan, Tribe or House, and does not hold any legal House, and does not hold any legal powerpower

Copyrights; Totem Poles can not be copied,they can be photographed but only published with the chiefs consent

Totem PolesTotem Poles The Totem Poles are raised when a The Totem Poles are raised when a

generation of House Chiefs have diedgeneration of House Chiefs have died Totem Poles are read from the bottom upTotem Poles are read from the bottom up The House Tribe starts the PoleThe House Tribe starts the Pole carvings are used that best represent the carvings are used that best represent the

experiences during their livesexperiences during their lives Totem Poles are our history booksTotem Poles are our history books The last surviving chiefs story is at the top The last surviving chiefs story is at the top

of the Totem Pole, the new Chief who takes of the Totem Pole, the new Chief who takes this name is responsible to Raise this name is responsible to Raise the Pole the Pole

The Feast (Potlatch)The Feast (Potlatch)

DeathDeathMarriageMarriageShameShame

Celebration/HonorCelebration/Honor

When a person dies, it is the house When a person dies, it is the house and tribes responsibility to look after and tribes responsibility to look after

the departed loved one. They are the departed loved one. They are either cremated or buried. either cremated or buried.

Day 1: The Coming Home CeremonyDay 1: The Coming Home Ceremony Day 2 : Smoke Feast/potlatchDay 2 : Smoke Feast/potlatch Day 3: Memorial gatheringDay 3: Memorial gathering Day 4: Funeral and Main PotlatchDay 4: Funeral and Main Potlatch At one year: Stone Feast/potlatch At one year: Stone Feast/potlatch

Father TribeFather Tribe The Father Tribe plays a vital role in the The Father Tribe plays a vital role in the

Gitxsan Community, they act as support to Gitxsan Community, they act as support to the house. The Father Tribe is paid at the the house. The Father Tribe is paid at the potlatch for their integrity and workpotlatch for their integrity and work

Gaakl, Frog Tribe

Mom Father Tribe

Father TribeFather Tribe Gaakl, Frog Tribe Gaakl, Frog Tribe Workers are chosen from the Father Tribe Book Workers are chosen from the Father Tribe Book

Keepers keep track of everything that is Keepers keep track of everything that is contributed, from time of death to beginning of contributed, from time of death to beginning of Stone Feast/Potlatch which is a year later, and Stone Feast/Potlatch which is a year later, and labourer to help with moving coffin and other labourer to help with moving coffin and other tasks. tasks.

All other tribe members will be paid at the Main All other tribe members will be paid at the Main and Stone Potlatch for working, supporting, and and Stone Potlatch for working, supporting, and contributingcontributing

The Death Potlatch Ceremony usually lasts 4 daysThe Death Potlatch Ceremony usually lasts 4 days

Day 1: The Coming Home Day 1: The Coming Home CeremonyCeremony

We bring the body/ashes home, some family follow in We bring the body/ashes home, some family follow in their vehicles from start to finish, sometimes for their vehicles from start to finish, sometimes for hundreds of miles. When we have her on the Gitxsan hundreds of miles. When we have her on the Gitxsan territory, the body is watched everyday by to 2 territory, the body is watched everyday by to 2 rotating security guards day and night, they are not rotating security guards day and night, they are not to sleep. She will be brought to a small hall, for to sleep. She will be brought to a small hall, for viewing and welcoming which the chiefs from all over viewing and welcoming which the chiefs from all over the Gitxsan territory will speak. Food and the Gitxsan territory will speak. Food and refreshments are brought from all other tribes. She refreshments are brought from all other tribes. She will then be moved to someone’s home where the will then be moved to someone’s home where the watch will continue. Food is brought around the clock, watch will continue. Food is brought around the clock, and coffee, tea and beverages are kept on for all and coffee, tea and beverages are kept on for all visitors at all hours.visitors at all hours.

Day 2 : Smoke Day 2 : Smoke Feast/potlatchFeast/potlatch

The smoke feast is when the chiefs The smoke feast is when the chiefs gather to decide how to proceed, who gather to decide how to proceed, who the workers will be, where she will be the workers will be, where she will be buried, How much will be paid by each buried, How much will be paid by each chief, house and tribe member. The chief, house and tribe member. The body is not brought to the hall. Very body is not brought to the hall. Very few tribe member attend, only those few tribe member attend, only those who will distribute word to the tribes. who will distribute word to the tribes. Food is brought by all other tribes.Food is brought by all other tribes.

Day 3: Memorial gathering/ Day 3: Memorial gathering/ celebration of lifecelebration of life

The community gathers, the coffin is The community gathers, the coffin is brought in to the hall. All other tribes brought in to the hall. All other tribes bring food. The houses from each bring food. The houses from each tribe take turns speaking and singing tribe take turns speaking and singing to the grieving family. At the end of to the grieving family. At the end of gathering the coffin is brought back gathering the coffin is brought back to the house for watch.to the house for watch.

Day 4: Funeral and Main Day 4: Funeral and Main PotlatchPotlatch

After the ashes are laid, or coffin is buried and After the ashes are laid, or coffin is buried and all good byes and prayers are done we will all good byes and prayers are done we will proceed to the hall for the Main Potlatch. proceed to the hall for the Main Potlatch.

This Potlatch is for paying initial expenses, the This Potlatch is for paying initial expenses, the guests that come are called witnesses, which guests that come are called witnesses, which are all other Gitxsan tribes and guests. are all other Gitxsan tribes and guests.

The House provides the food and pays for The House provides the food and pays for everything. The father tribe is honored , the everything. The father tribe is honored , the workers and contributors from the other tribes workers and contributors from the other tribes are paid in clothing, blankets, other goods, and are paid in clothing, blankets, other goods, and money.money.

After one year the After one year the Stone Feast is heald Stone Feast is heald (Settlement Potlatch)(Settlement Potlatch)

this is when the head stone is put up this is when the head stone is put up at the grave site, and all other at the grave site, and all other expenses are settled. A smaller expenses are settled. A smaller version of the first feast is version of the first feast is performed. performed.

Other Community TopicsOther Community Topics Respecting the Land and LifeRespecting the Land and Life Ceremonies and RitualsCeremonies and Rituals

– MedicinesMedicines SurvivalSurvival

LSS Aboriginal PublicationsLSS Aboriginal Publications

CFCSA s.39CFCSA s.39 Designated representatives of Indian bands, Designated representatives of Indian bands,

Aboriginal communities, and the Nisga’a Lisims Aboriginal communities, and the Nisga’a Lisims government are entitled to be parties to a child government are entitled to be parties to a child protection hearing for a child from their communityprotection hearing for a child from their community

Applying for Legal Aid:Applying for Legal Aid: ‘ ‘An applicant must be: An applicant must be:

– a party to the proceeding who is a:a party to the proceeding who is a: member of the community who has a cultural member of the community who has a cultural

or traditional responsibility towards the or traditional responsibility towards the children.’children.’

Aboriginal People and the Law in BC — Aboriginal People and the Law in BC — Chapter 4: Family Law, child protectionChapter 4: Family Law, child protection

LSS PublicationLSS Publication

CFCSA, RSBC 1996, Chapter CFCSA, RSBC 1996, Chapter 4646

GuidingGuiding principlesprinciples s. 2  This Act must be interpreted and administered so that s. 2  This Act must be interpreted and administered so that

the safety and well-being of children are the paramount the safety and well-being of children are the paramount considerations and in accordance with the following considerations and in accordance with the following principles:principles:

– (f) the cultural identity of aboriginal children should be (f) the cultural identity of aboriginal children should be preserved;preserved;

– Best interests of childBest interests of child S.4  (1) Where there is a reference in this Act to the best S.4  (1) Where there is a reference in this Act to the best

interests of a child, all relevant factors must be considered interests of a child, all relevant factors must be considered in determining the child's best interests, including for in determining the child's best interests, including for example:example:

– (e) the child's cultural, racial, linguistic and religious heritage;(e) the child's cultural, racial, linguistic and religious heritage;

– Rights of children in careRights of children in care S.70  (1) Children in care have the following rights:S.70  (1) Children in care have the following rights:

– (j) to receive guidance and encouragement to maintain their (j) to receive guidance and encouragement to maintain their cultural heritage;cultural heritage;

Family Law Web SiteFamily Law Web Sitefamilylaw.lss.bc.cafamilylaw.lss.bc.ca

Home | Fact sheets: Child protection and the Aboriginal Home | Fact sheets: Child protection and the Aboriginal community community

““BC law contains special provisions for the BC law contains special provisions for the care of Aboriginal children in this situation. care of Aboriginal children in this situation. It recognizes that:It recognizes that:– Appropriate Aboriginal organizations must be Appropriate Aboriginal organizations must be

notified of child protection proceedings notified of child protection proceedings involving Aboriginal children. involving Aboriginal children.

– Designated representatives of Indian bands Designated representatives of Indian bands and Aboriginal communities, if appropriate, are and Aboriginal communities, if appropriate, are entitled to be entitled to be partiesparties to a child protection to a child protection hearing for a child from their community. hearing for a child from their community.

– If your child is to be placed outside your home, If your child is to be placed outside your home, the ministry must first try to place your child the ministry must first try to place your child with your extended family or another with your extended family or another Aboriginal family. “Aboriginal family. “

First Nations Court First Nations Court FNC started in Nov.2006 resulting from the court FNC started in Nov.2006 resulting from the court

case case R. v. Gladue [1999] 1 S.C.R. 688.R. v. Gladue [1999] 1 S.C.R. 688. Located at the New Westminster Supreme CourtLocated at the New Westminster Supreme Court Judge Marion Buller Bennett is the presiding JudgeJudge Marion Buller Bennett is the presiding Judge First Nations Court will take Criminal indictable First Nations Court will take Criminal indictable

and Summary, CFCSA, Family and youth (no and Summary, CFCSA, Family and youth (no criminal charges necessary to transfer case).criminal charges necessary to transfer case).

Transfer case to the First Nations Court at the Transfer case to the First Nations Court at the New Westminster Court, to wave case contact New Westminster Court, to wave case contact Rob Frederickson at 604-825-1861Rob Frederickson at 604-825-1861