Government in denial of Nuu-chah-nulth rights | Ha-Shilth-Sa Newspaper

Government in denial of Nuu-chah-nulth rights

Port Alberni

The department of Fisheries and Oceans and the Nuu-chah-nulth Council of Ha’wiih continued their cross-cultural learning with a presentation on the federal public service code of values and ethics for employees and the structure of the department.

On March 4, Andy Thomson, DFO’s Area Director, South Coast, talked about the code to the Nuu-chah-nulth hereditary chiefs and their representatives at a meeting held at the Hupacasath House of Gathering. But before he started, representatives of the Council’s implementation committee stood behind Thomson and thanked him for “making every effort to put his best foot forward” in learning about Nuu-chah-nulth culture, governance and teachings.

Thomson doesn’t have to go that extra mile, said elder Willard Gallic of Tseshaht. He is a messenger. “We appreciate that.”

Despite those kind words to start, however, Thomson would be in for a rough ride from some Nuu-chah-nulth leaders in response to his presentation. While most appreciated the information, it did highlight the imbalance in the nation-to-nation relationship around the negotiation table. Nuu-chah-nulth Tribal Council fisheries program manager Don Hall said the relationship should get to the stage where First Nations aren’t treated as clients of DFO, but rather as government to government.

Tom Tatoosh of Hupacasath said that the people sitting on the Nuu-chah-nulth side of the table are the highest authorities and decision makers in the territories, but the Ha’wiih were addressing mid-level bureaucrats. There was no disrespect intended, Tatoosh said, but Thomson and the others were only mid-way up the totem pole.

Simon Lucas of Hesquiaht said there was once a time when Nuu-chah-nulth could get a meeting with the minister, but those days no longer existed. Nuu-chah-nulth have been actively seeking a meeting with Fisheries Minister Gail Shea since the aboriginal rights Court decision in 2009.

Ahousaht stood up in the meeting to invite Thomson to the celebration of the Nuu-chah-nulth victory in proving their commercial fishing rights in Canadian courts, now set for July 5at Maht Mahs. On behalf of Tyee Ha’wilth Maquinna Lewis George, Cliff Atleo Sr. said Nuu-chah-nulth wanted to celebrate that their rights are now entrenched in Canada’s Constitution.

“We want you to come and be a part of that.”

Atleo also said Thomson could bring the minister if he liked.

“Thank you very much for the invitation… that’s very nice of you.” Thomson said he would check his calendar for that date.

In beginning his presentation, Thomson said he would describe what his job is and the job of others in an effort to bring some understanding to why the department takes some of the positions that they do.

He said his father was a civil servant and Thomson was taught that it is an honourable job and something to be proud of.

The job, he said, is to take the direction of the federal elected government of the day.

“We are very much a non-partisan civil service.”

He said employees swear an oath to be non-partisan and if civil servants don’t abide by the code, “it really is a serious matter. We can be disciplined. We can be terminated.”

Thomson said civil servants represent the values of the elected government and not their own personal values.

“I don’t represent my own personal views. They stay in my house. They don’t come with me to work.”

The thing that he holds at a higher level, said Thomson, is his respect for what the majority of Canadians voted for.

Thomson used an example that resonated among the Ha’wiih. The issue of the department not being able to feed the people has been a criticism in the past, with Simon Lucas saying at a meeting last November that it is hard to even get a cup of tea from DFO.

Thomson said DFO representatives don’t bring food or provide hospitality because of their various rules. “I personally have a hard time with that... to host a gathering without food is not my personal philosophy… we take a lot of flak for that.”

Other components of the code include a respect for people, treating them all with dignity and fairness; integrity and stewardship; responsible care for public resources; and excellence, “doing the best that we can do every single day.”

Ahousaht Tyee Maquinna asked Thomson that if Liberal leader Justin Trudeau became Prime Minister, would DFO change its policies?

Thomson said civil servants can’t be involved in the political process. He said if the government changes and they have a different direction, then DFO would implement that direction of the government.

Cliff Atleo said Nuu-chah-nulth would appreciate it if all DFO staff complied with the code as Thomson described. “At times we are faced with a pale shadow of what you have outlined.”

Lyle Billy of Ehattesaht said the presentation was “very insightful.”

He said DFO and Nuu-chah-nulth have been in negotiations since 2009 and this was the first time the structure of the department had been explained. He described it as very regimented. “As soon as you walk out the front door you turn into this robot.”

Francis Frank of Tla-o-qui-aht, however, was not impressed with the information that was shared. He said it was not useful and only explained Thomson’s personal difficulties.

“If anything it helps us appreciate the challenges you face in sitting down” with Nuu-chah-nulth. He said the government was in denial of “our rightful place” and “denying that we have a right to fish and sell our fish.”

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