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
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
For the survival of the Gitxsan People
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.’