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Gitxsan Community
A glimpse of Gitxsan Traditional
Knowledge and legal system
Gisgaast
Wilps: Woo sim lax ha’
Sigidum Hanak: Atti-uu-u
Ugh de’ wil gal um
Produced by Peggy Morgan, Stephanie Morgan
Father Tribe Gaakl, Verney Morgan Frog Tribe
Our Ancestors
 Our belief is god is with us and god is in us,
everything is sacred in all that we do, our spirit
speaks to all other spirits respectfully
 Everything is done with the involvement of the
ancestors and the creator
 Everything aboriginal people do begins with and
ends with prayer
 We call the ancestors into our meeting to do
everything in a good way and with all respect
 then end in prayer of thanks and to end with
goodness
Other notes;
 The Gitxsan history, laws, and systems have
always been passed orally from generation to
generation; this accommodates change and
room to evolve
 The government-paid agents follow Canadian
government laws and are separate from the
Gitxsan laws and systems
– These agents include elected Chiefs, band managers,
negotiators, and Indian and Northern Affairs Canada
What we will cover
 Tribes, House (Clans), Crests
 Structure of the House
 Choosing a Hereditary Chief
 Functions of the House
 Basic Gitxsan Law
 Totem Poles
Tribes, House (Clans), Crests
Matriarchy
Mirriam Webster Dictionary
“Main Entry: ma·tri·ar·chy
– Pronunciation: ˈmā-trē-ˌär-kē
– Function: noun
– Inflected Form(s): plural ma·tri·ar·chies
– Date: 1885
– 1 : a family, group, or state governed by a matriarch
– 2 : a system of social organization in which descent and inheritance are traced
through the female line”
There are 4 Gitxsan Tribes
 Fire Weed (Killer Whale)
 Frog
 Wolf
 Eagle
Basic Gitxsan Law
 All law is based on respect for all spiritual life
 The Gitxsan follow a system of matriarch
 Gitxsan Identity is determined by who the
mother is
– If the mother is Gitxsan then the child is Gitxsan
 At all times Gitxsan present their Nation, tribe
and House, when entering into potlatch,
combat, debate, or statement;
– status (tribe, house, name) must be given to all
parties and witnesses to be acknowledged
– Each house has a crest that is used also as
identification
Crests
House (Clans)
 Each Tribe is divided into Houses
 The Gitxsan follow a law of matriarchy
– The children will be in the same House as the
mother
 If the Father is Fireweed and the mother is Frog,
the children will be Frog;
 If the father is Gitxsan and the mother is not, the
children are not considered Gitxsan
House/Clan structure
Head Chief
Wing Chief Wing Chief
Adults
Advocates
Women
Men
Protectors
Teachers
Adopted
Choosing a Hereditary Chief
 Hereditary Chiefs are chosen by the House, and will hold title to
land
 Chiefs from the house have final say on who will take the title of the
last Chief
 Some factors considered when choosing a chief:
– Blood Lineage
– committed to the community
– respectful
– hard working
– knowledgeable
– Income
 A female or male may be considered to take the Chiefs title
– If it’s a woman being considered, the more children she has is favorable
 The character of the children is also considered
 The head chief takes on the name of the House
– For instance if the house is “A vessel overflowing with Heaven” then the
head Chiefs name will be “A vessel overflowing with Heaven”
Atti uu’ u’ (wing chief) and Gil ga’ jetix’ (granddaughter)
Function of the House
Function of the Chief
 presents to the Gitxsan and Community what
the House has decided, any proceedings that
will take place, clarifies laws and land title
 Meets with the other Hereditary Chiefs to
discuss issues, community matters that have
been raised, liaises with the House
 Presents resolved or unresolved community
issues to the other chiefs
 Has decisive authority; however any use of
Gitxsan laws must be presented at the Feast
(Potlatch) in witness of all tribes and be affirmed
or dismissed by Hereditary House Chiefs
Function of the Wing Chiefs
 Works closely with the head Chief to
decide best route of action
 Stands in for head Chief if she/he is not
available to attend function
 Makes emergency and auxiliary decisions
 Helps Gitxsan systems run smoothly
Functioning Gitxsan Community
 Knows, applies, and teaches Gitxsan
Laws, traditions, values, and survival
skills
 Advocates and liaises for younger
house members
 Discusses with chiefs issues that may
arise, and presents possible solutions
 Witnesses the proceedings at feasts
(Potlatch)
Gitxsan Adoptions
 A person can be adopted into a Gitxsan
House by the chief, or informally through
marriage and common law relationships
 The adopted person can participate in the
Gitxsan functions, potlatch’s, and use the
House crest to show who she or he
represents
 The adopted person can not speak for or
on behalf of the Gitxsan, Tribe or House,
and does not hold any legal power
Copyrights; Totem Poles can not be copied,
they can be photographed but only published with the chiefs consent
Totem Poles
 The Totem Poles are raised when a generation
of House Chiefs have died
 Totem Poles are read from the bottom up
 The House Tribe starts the Pole
 carvings are used that best represent the
experiences during their lives
 Totem Poles are our history books
 The last surviving chiefs story is at the top of the
Totem Pole, the new Chief who takes this name
is responsible to Raise the Pole
The Feast (Potlatch)
Death
Marriage
Shame
Celebration/Honor
When a person dies, it is the house and
tribes responsibility to look after the
departed loved one. They are either
cremated or buried.
 Day 1: The Coming Home Ceremony
 Day 2 : Smoke Feast/potlatch
 Day 3: Memorial gathering
 Day 4: Funeral and Main Potlatch
 At one year: Stone Feast/potlatch
Father Tribe
 The Father Tribe plays a vital role in the Gitxsan
Community, they act as support to the house.
The Father Tribe is paid at the potlatch for their
integrity and work
Gaakl, Frog Tribe
Mom Father Tribe
Father Tribe
 Gaakl, Frog Tribe
 Workers are chosen from the Father Tribe Book
Keepers keep track of everything that is
contributed, from time of death to beginning of
Stone Feast/Potlatch which is a year later, and
labourer to help with moving coffin and other
tasks.
 All other tribe members will be paid at the Main
and Stone Potlatch for working, supporting, and
contributing
 The Death Potlatch Ceremony usually lasts 4
days
Day 1: The Coming Home
Ceremony
 We bring the body/ashes home, some family follow in
their vehicles from start to finish, sometimes for
hundreds of miles. When we have her on the Gitxsan
territory, the body is watched everyday by to 2 rotating
security guards day and night, they are not to sleep. She
will be brought to a small hall, for viewing and
welcoming which the chiefs from all over the Gitxsan
territory will speak. Food and refreshments are brought
from all other tribes. She will then be moved to
someone’s home where the watch will continue. Food is
brought around the clock, and coffee, tea and beverages
are kept on for all visitors at all hours.
Day 2 : Smoke Feast/potlatch
 The smoke feast is when the chiefs gather
to decide how to proceed, who the
workers will be, where she will be buried,
How much will be paid by each chief,
house and tribe member. The body is not
brought to the hall. Very few tribe
member attend, only those who will
distribute word to the tribes. Food is
brought by all other tribes.
Day 3: Memorial gathering/
celebration of life
 The community gathers, the coffin is
brought in to the hall. All other tribes
bring food. The houses from each tribe
take turns speaking and singing to the
grieving family. At the end of gathering
the coffin is brought back to the house for
watch.
Day 4: Funeral and Main
Potlatch
 After the ashes are laid, or coffin is buried and
all good byes and prayers are done we will
proceed to the hall for the Main Potlatch.
 This Potlatch is for paying initial expenses, the
guests that come are called witnesses, which are
all other Gitxsan tribes and guests.
 The House provides the food and pays for
everything. The father tribe is honored , the
workers and contributors from the other tribes
are paid in clothing, blankets, other goods, and
money.
After one year the
Stone Feast is heald (Settlement
Potlatch)
 this is when the head stone is put up at
the grave site, and all other expenses are
settled. A smaller version of the first feast
is performed.
Other Community Topics
 Respecting the Land and Life
 Ceremonies and Rituals
– Medicines
 Survival
LSS Aboriginal Publications
CFCSA s.39
 Designated representatives of Indian bands, Aboriginal
communities, and the Nisga’a Lisims government are
entitled to be parties to a child protection hearing for a
child from their community
Applying for Legal Aid:
 ‘An applicant must be:
– a party to the proceeding who is a:
 member of the community who has a cultural or
traditional responsibility towards the children.’
Aboriginal People and the Law in BC —
Chapter 4: Family Law, child protection
LSS Publication
CFCSA, RSBC 1996, Chapter 46
Guiding principles
 s. 2 This Act must be interpreted and administered so that the
safety and well-being of children are the paramount considerations
and in accordance with the following principles:
– (f) the cultural identity of aboriginal children should be preserved;
– Best interests of child
 S.4 (1) Where there is a reference in this Act to the best interests
of a child, all relevant factors must be considered in determining the
child's best interests, including for example:
– (e) the child's cultural, racial, linguistic and religious heritage;
– Rights of children in care
 S.70 (1) Children in care have the following rights:
– (j) to receive guidance and encouragement to maintain their cultural
heritage;
Family Law Web Site
familylaw.lss.bc.ca
Home | Fact sheets: Child protection and the Aboriginal community
 “BC law contains special provisions for the care
of Aboriginal children in this situation. It
recognizes that:
– Appropriate Aboriginal organizations must be notified
of child protection proceedings involving Aboriginal
children.
– Designated representatives of Indian bands and
Aboriginal communities, if appropriate, are entitled to
be parties to a child protection hearing for a child
from their community.
– If your child is to be placed outside your home, the
ministry must first try to place your child with your
extended family or another Aboriginal family. “
First Nations Court
 FNC started in Nov.2006 resulting from the court case R.
v. Gladue [1999] 1 S.C.R. 688.
 Located at the New Westminster Supreme Court
 Judge Marion Buller Bennett is the presiding Judge
 First Nations Court will take Criminal indictable and
Summary, CFCSA, Family and youth (no criminal charges
necessary to transfer case).
 Transfer case to the First Nations Court at the New
Westminster Court, to wave case contact Rob
Frederickson at 604-825-1861

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Glimpse of the Gitxsan community ©

  • 1. Gitxsan Community A glimpse of Gitxsan Traditional Knowledge and legal system Gisgaast Wilps: Woo sim lax ha’ Sigidum Hanak: Atti-uu-u Ugh de’ wil gal um Produced by Peggy Morgan, Stephanie Morgan Father Tribe Gaakl, Verney Morgan Frog Tribe
  • 2. Our Ancestors  Our belief is god is with us and god is in us, everything is sacred in all that we do, our spirit speaks to all other spirits respectfully  Everything is done with the involvement of the ancestors and the creator  Everything aboriginal people do begins with and ends with prayer  We call the ancestors into our meeting to do everything in a good way and with all respect  then end in prayer of thanks and to end with goodness
  • 3. Other notes;  The Gitxsan history, laws, and systems have always been passed orally from generation to generation; this accommodates change and room to evolve  The government-paid agents follow Canadian government laws and are separate from the Gitxsan laws and systems – These agents include elected Chiefs, band managers, negotiators, and Indian and Northern Affairs Canada
  • 4. What we will cover  Tribes, House (Clans), Crests  Structure of the House  Choosing a Hereditary Chief  Functions of the House  Basic Gitxsan Law  Totem Poles
  • 5. Tribes, House (Clans), Crests Matriarchy Mirriam Webster Dictionary “Main Entry: ma·tri·ar·chy – Pronunciation: ˈmā-trē-ˌär-kē – Function: noun – Inflected Form(s): plural ma·tri·ar·chies – Date: 1885 – 1 : a family, group, or state governed by a matriarch – 2 : a system of social organization in which descent and inheritance are traced through the female line”
  • 6. There are 4 Gitxsan Tribes  Fire Weed (Killer Whale)  Frog  Wolf  Eagle
  • 7. Basic Gitxsan Law  All law is based on respect for all spiritual life  The Gitxsan follow a system of matriarch  Gitxsan Identity is determined by who the mother is – If the mother is Gitxsan then the child is Gitxsan  At all times Gitxsan present their Nation, tribe and House, when entering into potlatch, combat, debate, or statement; – status (tribe, house, name) must be given to all parties and witnesses to be acknowledged – Each house has a crest that is used also as identification
  • 9. House (Clans)  Each Tribe is divided into Houses  The Gitxsan follow a law of matriarchy – The children will be in the same House as the mother  If the Father is Fireweed and the mother is Frog, the children will be Frog;  If the father is Gitxsan and the mother is not, the children are not considered Gitxsan
  • 10. House/Clan structure Head Chief Wing Chief Wing Chief Adults Advocates Women Men Protectors Teachers Adopted
  • 11. Choosing a Hereditary Chief  Hereditary Chiefs are chosen by the House, and will hold title to land  Chiefs from the house have final say on who will take the title of the last Chief  Some factors considered when choosing a chief: – Blood Lineage – committed to the community – respectful – hard working – knowledgeable – Income  A female or male may be considered to take the Chiefs title – If it’s a woman being considered, the more children she has is favorable  The character of the children is also considered  The head chief takes on the name of the House – For instance if the house is “A vessel overflowing with Heaven” then the head Chiefs name will be “A vessel overflowing with Heaven”
  • 12. Atti uu’ u’ (wing chief) and Gil ga’ jetix’ (granddaughter) Function of the House
  • 13. Function of the Chief  presents to the Gitxsan and Community what the House has decided, any proceedings that will take place, clarifies laws and land title  Meets with the other Hereditary Chiefs to discuss issues, community matters that have been raised, liaises with the House  Presents resolved or unresolved community issues to the other chiefs  Has decisive authority; however any use of Gitxsan laws must be presented at the Feast (Potlatch) in witness of all tribes and be affirmed or dismissed by Hereditary House Chiefs
  • 14. Function of the Wing Chiefs  Works closely with the head Chief to decide best route of action  Stands in for head Chief if she/he is not available to attend function  Makes emergency and auxiliary decisions  Helps Gitxsan systems run smoothly
  • 15. Functioning Gitxsan Community  Knows, applies, and teaches Gitxsan Laws, traditions, values, and survival skills  Advocates and liaises for younger house members  Discusses with chiefs issues that may arise, and presents possible solutions  Witnesses the proceedings at feasts (Potlatch)
  • 16. Gitxsan Adoptions  A person can be adopted into a Gitxsan House by the chief, or informally through marriage and common law relationships  The adopted person can participate in the Gitxsan functions, potlatch’s, and use the House crest to show who she or he represents  The adopted person can not speak for or on behalf of the Gitxsan, Tribe or House, and does not hold any legal power
  • 17. Copyrights; Totem Poles can not be copied, they can be photographed but only published with the chiefs consent
  • 18. Totem Poles  The Totem Poles are raised when a generation of House Chiefs have died  Totem Poles are read from the bottom up  The House Tribe starts the Pole  carvings are used that best represent the experiences during their lives  Totem Poles are our history books  The last surviving chiefs story is at the top of the Totem Pole, the new Chief who takes this name is responsible to Raise the Pole
  • 20. When a person dies, it is the house and tribes responsibility to look after the departed loved one. They are either cremated or buried.  Day 1: The Coming Home Ceremony  Day 2 : Smoke Feast/potlatch  Day 3: Memorial gathering  Day 4: Funeral and Main Potlatch  At one year: Stone Feast/potlatch
  • 21. Father Tribe  The Father Tribe plays a vital role in the Gitxsan Community, they act as support to the house. The Father Tribe is paid at the potlatch for their integrity and work Gaakl, Frog Tribe Mom Father Tribe
  • 22. Father Tribe  Gaakl, Frog Tribe  Workers are chosen from the Father Tribe Book Keepers keep track of everything that is contributed, from time of death to beginning of Stone Feast/Potlatch which is a year later, and labourer to help with moving coffin and other tasks.  All other tribe members will be paid at the Main and Stone Potlatch for working, supporting, and contributing  The Death Potlatch Ceremony usually lasts 4 days
  • 23. Day 1: The Coming Home Ceremony  We bring the body/ashes home, some family follow in their vehicles from start to finish, sometimes for hundreds of miles. When we have her on the Gitxsan territory, the body is watched everyday by to 2 rotating security guards day and night, they are not to sleep. She will be brought to a small hall, for viewing and welcoming which the chiefs from all over the Gitxsan territory will speak. Food and refreshments are brought from all other tribes. She will then be moved to someone’s home where the watch will continue. Food is brought around the clock, and coffee, tea and beverages are kept on for all visitors at all hours.
  • 24. Day 2 : Smoke Feast/potlatch  The smoke feast is when the chiefs gather to decide how to proceed, who the workers will be, where she will be buried, How much will be paid by each chief, house and tribe member. The body is not brought to the hall. Very few tribe member attend, only those who will distribute word to the tribes. Food is brought by all other tribes.
  • 25. Day 3: Memorial gathering/ celebration of life  The community gathers, the coffin is brought in to the hall. All other tribes bring food. The houses from each tribe take turns speaking and singing to the grieving family. At the end of gathering the coffin is brought back to the house for watch.
  • 26. Day 4: Funeral and Main Potlatch  After the ashes are laid, or coffin is buried and all good byes and prayers are done we will proceed to the hall for the Main Potlatch.  This Potlatch is for paying initial expenses, the guests that come are called witnesses, which are all other Gitxsan tribes and guests.  The House provides the food and pays for everything. The father tribe is honored , the workers and contributors from the other tribes are paid in clothing, blankets, other goods, and money.
  • 27. After one year the Stone Feast is heald (Settlement Potlatch)  this is when the head stone is put up at the grave site, and all other expenses are settled. A smaller version of the first feast is performed.
  • 28. Other Community Topics  Respecting the Land and Life  Ceremonies and Rituals – Medicines  Survival
  • 30. CFCSA s.39  Designated representatives of Indian bands, Aboriginal communities, and the Nisga’a Lisims government are entitled to be parties to a child protection hearing for a child from their community Applying for Legal Aid:  ‘An applicant must be: – a party to the proceeding who is a:  member of the community who has a cultural or traditional responsibility towards the children.’ Aboriginal People and the Law in BC — Chapter 4: Family Law, child protection LSS Publication
  • 31. CFCSA, RSBC 1996, Chapter 46 Guiding principles  s. 2 This Act must be interpreted and administered so that the safety and well-being of children are the paramount considerations and in accordance with the following principles: – (f) the cultural identity of aboriginal children should be preserved; – Best interests of child  S.4 (1) Where there is a reference in this Act to the best interests of a child, all relevant factors must be considered in determining the child's best interests, including for example: – (e) the child's cultural, racial, linguistic and religious heritage; – Rights of children in care  S.70 (1) Children in care have the following rights: – (j) to receive guidance and encouragement to maintain their cultural heritage;
  • 32. Family Law Web Site familylaw.lss.bc.ca Home | Fact sheets: Child protection and the Aboriginal community  “BC law contains special provisions for the care of Aboriginal children in this situation. It recognizes that: – Appropriate Aboriginal organizations must be notified of child protection proceedings involving Aboriginal children. – Designated representatives of Indian bands and Aboriginal communities, if appropriate, are entitled to be parties to a child protection hearing for a child from their community. – If your child is to be placed outside your home, the ministry must first try to place your child with your extended family or another Aboriginal family. “
  • 33. First Nations Court  FNC started in Nov.2006 resulting from the court case R. v. Gladue [1999] 1 S.C.R. 688.  Located at the New Westminster Supreme Court  Judge Marion Buller Bennett is the presiding Judge  First Nations Court will take Criminal indictable and Summary, CFCSA, Family and youth (no criminal charges necessary to transfer case).  Transfer case to the First Nations Court at the New Westminster Court, to wave case contact Rob Frederickson at 604-825-1861

Notes de l'éditeur

  1. For the survival of the Gitxsan People
  2. CFCSA s.39 Designated representatives of Indian bands, Aboriginal communities, and the Nisga’a Lisims government are entitled to be parties to a child protection hearing for a child from their community Applying for Legal Aid: ‘An applicant must be: a party to the proceeding who is a: member of the community who has a cultural or traditional responsibility towards the children.’