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SELF GOVERNMENT AND TREATYPrior to European contact (1830 and earlier), we had our own
governance structures and laws. In the name of building
Canada, our governance structures were unilaterally dismissed and
subsequently made illegal by the colonial and Canadian
governments. The Indian Act of 1876, which legislated
Canada’s authority over us, removed any recognition of
any independent authority we had over our people and
territories. The Minister of Indian Affairs and his
agents exercised all authority over Cowichan peoples and actively
eliminated our governance structures and cultural
practices. We went from a far-reaching traditional
territory to designated limited land reserves.
By 1886, serious efforts were underway to dismantle Cowichan
leadership. A letter from Vowell to Lomas, 11 February
1886, states:
“[Re: your letter] recommending the extension of the Indian Advancement Act of 1884 to Cowichan, I make herewith copies of an Order in Council of the 30th [illegible], declaring that the Cowichan Band of Indians are [illegible] to have that Act applied to them, and that it shall so apply from the day at which the election of Councillors shall have been confirmed by you who [illegible] subsequently report the result of the election to this Department. After election of Councillors, they will elect one of their number to act as Chief Councillor." Department of Indian Affairs, RG 10, Volume 1332, pp. 146-146A. Library and Archives Canada, Ottawa In 1939 the Department of Indian and Northern Affairs
Development (DIAND) made a unilateral decison that the Hereditary
Chiefs would no longer govern Cowichan affairs. The
responsibility was taken over by an Indian Agent, on behalf of
DIAND. An elected Chief and Council replaced the
Hereditary Chiefs, but the Indian Agent set the agenda and
controlled all of the finances, effectively maintaining control of
all of Cowichan's affairs.
However, since the arrival of the first settlers, we have always
asserted our inherent jurisdiction and responsibility for the
governance and institutions of our people, and like all First
Nations, we continue to fight to regain complete control over our
domestic affairs. International agencies and the courts
support this assertion.
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