Tribal Boundaries in the Nass Watershed

David Mardiros is a lawyer and anthropological consultant in Terrace,
British Columbia.

This is a book that needs to be examined on two levels. It is, first and
foremost, an analysis of the documentary and oral historical record of
Gitksan ownership and rights of their traditional territories in
Northwestern British Columbia. Secondly it is a political statement,
arguing the Gitksan claim in opposition to that of their neighbors, the
Nisga’a, and casting considerable doubt on the fairness of the current
treaty negotiations process in British Columbia.

As an analysis of the Gitksan’s connection to their lands as seen by
outside observers and the Gitksan themselves, the book provides a wealth
of information based on the extensive research commissioned for the
Delgamuukw v. The Queen land-claims action recently completed in the
Supreme Court of Canada. For anyone familiar with Delgamuukw, the book
is a remarkable record of the claim.

This book is likely to have its greatest impact as a commentary on the
treaty process and the sometimes conflicting claims of neighboring First
Nations. Overlap claims (areas where territory is claimed by two or more
First Nations) are likely to prove an impediment in settling future
Native land claims either through litigation or negotiation in British
Columbia. Tribal Boundaries in the Nass Watershed provides useful
insight into one of the most hotly contested of current disputes—that
between the Nisga’a and the Gitanyow. However, one of the most
significant comments on the dispute is in the material omitted from the
book. While Gitksan oral history is included, Nisga’a oral history is
not. Furthermore, a useful overview of the Gitksan legal system is also
included, but there is little discussion about how the Nisga’a control
land under their traditional system.

Given the highly politicized uses that historical evidence have been
put to in land disputes, it is not surprising that material explaining
the Nisga’a claims is not readily available. Nonetheless, this lack of
balance significantly diminishes the authority of the book.