{"id":264579,"date":"2016-12-01T11:30:51","date_gmt":"2016-12-01T16:30:51","guid":{"rendered":"https:\/\/policyoptions.irpp.org\/issues\/in-first-nations-freedom-of-the-press-is-unclear\/"},"modified":"2025-10-07T21:22:44","modified_gmt":"2025-10-08T01:22:44","slug":"in-first-nations-freedom-of-the-press-is-unclear","status":"publish","type":"issues","link":"https:\/\/policyoptions.irpp.org\/fr\/2016\/12\/in-first-nations-freedom-of-the-press-is-unclear\/","title":{"rendered":"In First Nations, freedom of the press is unclear"},"content":{"rendered":"

Once every quarter, during each of the year\u2019s four seasons, 39 elected representatives from the Nisga\u2019a First Nation gather to discuss everything from health and education to lands and resources of their nation. These 39 people make up the Wilp Si\u2019ayuukhl Nisga\u2019a, the legislature of the Nisga\u2019a people of northern B.C.<\/p>\n

Located in Gitlaxt’aamiks, the legislative building is architecturally styled after a traditional Nisga\u2019a longhouse. Inside, it is anything but traditional. In the chamber, the wood paneling and plush red carpet hint more of the B.C. legislative buildings in Victoria than a longhouse. But this is Nisga\u2019a country, and Nisga\u2019a are very much in charge.<\/p>\n

The Nisga\u2019a are governing themselves under the terms of Canada\u2019s first modern-day treaty, a hybrid democracy that melds contemporary and traditional laws. This past summer, as representatives of the Wilp Si\u2019ayuukhl Nisga\u2019a were preparing to gather in the Nass Valley, Discourse Media\u00a0made a simple but uncommon request: \u201cCan media attend?\u201d<\/p>\n

The answer was yes. But the question seldom gets asked. Only a handful of reporters have visited the Nisga\u2019a legislature since the Nisga\u2019a treaty was enacted 16 years ago. Freedom of the press applies in Nisga\u2019a territory \u2014 it\u2019s just that there\u2019s hardly ever any press to apply it to.<\/p>\n

From Vancouver it\u2019s about an hour\u2019s flight to Terrace, B.C., and then another hour’s drive north toward the snowcapped mountains of the Nass Ranges before arriving in Gitlaxt’aamiks, one of four Nisga\u2019a villages and capital of the Nisga\u2019a Nation. In the legislature, from a chair adorned with Nisga\u2019a clan crests, the Speaker of the House guides elected representatives through their deliberations.<\/p>\n

There are deep conversations about health care cutbacks, about the impact of property purchased adjacent to Nisga\u2019a lands by foreign interests, about a renter eviction act. But unlike the B.C. legislature, where reporters constantly follow what\u2019s happening, there is no press gallery documenting, dissecting and disseminating what transpires inside Wilp Si\u2019ayuukhl Nisga\u2019a. There is no one here to\u00a0make sure the people who were elected by the public are accountable to them.<\/p>\n

So why aren\u2019t media following the Nisga\u2019a legislature? There\u2019s a combination of factors involved. First, there aren\u2019t any trained local journalists. Outside the community, it\u2019s not clear if journalists know they\u2019re allowed to attend, even if they wanted to. Also, the economics of media companies and shifting patterns in their audiences are forcing outlets to close and others to downsize, leaving fewer reporters to cover more stories. For the Nisga\u2019a \u2014 even now that they are governing themselves \u2014 their homeland, and the goings-on among the more than 7,000 people living in four small villages, are out of sight and out of mind to just about everyone.<\/p>\n

\u201cPeople aren\u2019t aware of us. We\u2019re so far removed from the large urban centres that have all the amenities and infrastructure required to provide that quality of life for people,\u201d says Mitchell Stevens,\u00a0former Nisga\u2019a Lisims Government president.\u00a0Amenities, for example, like journalism.<\/p>\n

The fallout<\/strong><\/p>\n

The lack of independent Nisga\u2019a news coverage of critical issues was never more apparent than during the nation\u2019s signing of a large energy access deal in 2014 \u2014 the Pacific NorthWest LNG project and the associated TransCanada Prince Rupert Gas Transmission project.<\/p>\n

The Nisga\u2019a government agreed to construction of approximately 85 kilometres of liquefied natural gas (LNG) pipeline on Nisga’a lands. Potential benefits to the Nisga\u2019a include $6 million in cash, up to 300 jobs, property taxes, profit sharing and right-of-way payments. But 12 kilometres of the LNG pipeline would pass through Anhluut\u2019ukwsim Laxmihl Angwinga\u2019asanskwhl Nisga\u2019a (Nisga\u2019a Memorial Lava Bed Park), raising concerns about respecting the burial ground beneath it.<\/p>\n

The Nisga\u2019a government\u00a0voted<\/a>\u00a0to redraw the jointly-managed park boundaries to accommodate the pipeline<\/a>. A provincial government\u00a0report<\/a>\u00a0shows the province passed a bill agreeing to the amendment in 2015.<\/p>\n

Leading up to the deal, Nisga\u2019a officials issued\u00a0information<\/a>\u00a0on their\u00a0website\u00a0and in community newsletters, and held a special assembly as well as information meetings, including one in Vancouver in November 2014. They answered questions from mainstream media, but those stories for the most part focused on the economics of the deal.<\/p>\n

The absence of any public discourse \u2014 before or after the decision was made \u2014 bothered Gitlaxt’aamiks member Noah Guno. He\u2019s not sure local news coverage would have changed the outcome, but at least all sides to the issues could have been reported, and Nisga\u2019a leaders might have been questioned much sooner.<\/p>\n

\"noah05_canyoncity_wawmeeshhamilton-640x426\"<\/a>
Gitlaxt’aamiks First Nation member Noah Guno owns and operates\u00a0Aboriginal Press, the first independent micro news site in the Nass Valley. Photo: Wawmeesh Hamilton<\/figcaption><\/figure>\n

The lack of stories about such a significant decision bothered Guno, 39, so he\u00a0put together a small business plan. In March of this year he launched\u00a0Aboriginal Press<\/em>, an independent micro news site covering stories about Indigenous people and issues in northern B.C. Aboriginal Press<\/em>\u2019s Facebook page has more than 1,200 members.<\/p>\n

The married father of three is a graphic designer by trade with no journalism training. Nisga\u2019a consume news, but there is no real media culture, he says. Guno is unsure what he is legally allowed to report on, but despite all the obstacles, he believes the benefits of creating independent media where none currently exists outweigh the challenges.<\/p>\n

\u201cWe\u2019re a young democracy and I\u2019m convinced that by doing this it will only help make [the community] stronger.\u201d<\/p>\n

Is freedom of the press\u00a0a right?<\/strong><\/p>\n

Guno isn\u2019t the only one confused about the rules around reporting in First Nations. Discourse<\/em><\/a> has spent months researching this issue \u2014 contacting multiple lawyers, community governments and experts to ask how freedom of the press applies to First Nations. The short answer: it\u2019s complicated.<\/p>\n

The concept of freedom of the press\u00a0is included in the Canadian Charter of Rights and Freedoms. Section 2(b) states that all Canadians have the right to \u201cfreedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.\u201d<\/p>\n

\u201c[Freedom of the press] is an important part of freedom of expression,\u201d says media lawyer Brian Rogers.<\/p>\n

Rogers teaches media law at Ryerson University. A practising lawyer, he specializes in libel, privacy, copyright, freedom of expression and Internet-related law. He represents newspapers, magazines, book publishers and broadcasters. Rogers says freedom of the press gives citizens the right to gather information, participate in public processes, disseminate news and then act on it through debate and discussion. \u201cThe press is a surrogate for this for every citizen in society,\u201d Rogers says.<\/p>\n

The Charter [Rights and Freedoms] applies to all people in Canada, including Indigenous people, but there\u2019s a catch. If you keep reading the charter you\u2019ll get to Section 25, which says that \u201ccertain rights and freedoms shall not be construed so as to abrogate or derogate from any Aboriginal, treaty or other rights and freedoms that pertain to the aboriginal peoples of Canada.\u201d<\/p>\n

The Charter can\u2019t infringe on Aboriginal or treaty rights. In the case of the Nisga\u2019a, their treaty is silent on freedom of the press, so the Charter applies. Former Lisims president Mitchell Stevens doesn\u2019t contest that, but it\u2019s also true that the Nisga\u2019a government\u2019s openness to the press has never really been tested by critical coverage.<\/p>\n

Meanwhile, First Nations lawyer Judith Sayers disagrees that freedom of the press is\u00a0automatically guaranteed after a treaty is signed. Sayers has dealt with media extensively as the chief councillor and chief treaty negotiator of the Hupacasath First Nation on Vancouver Island for 14 years.<\/p>\n

According to Sayers, now an adjunct professor at the University of Victoria, matters that relate only to a First Nation \u2014 including their revenue, money coming from corporations and agreeing to project benefit packages \u2014 are for band members to know, not journalists. \u201cJournalists cannot cover band meetings. They are internal matters of the First Nation,\u201d says Sayers.<\/p>\n

\"wsn01-8974-2-640x395\"<\/a>
Legislators of the Wilp Si\u2019ayuukhl Nisga\u2019a met for their summer session in Gitlaxt’aamiks, BC, in July 2016. With no other press there to cover the meeting, much of what was discussed may never be reported on. Photo: Wawmeesh Hamilton.<\/figcaption><\/figure>\n

Rogers notes that there are precedents for freedom of the press\u00a0not necessarily equating to press access. \u201cThere are circumstances accepted by courts where cabinet requires a certain degree of confidentiality,\u201d he says.<\/p>\n

Sayers says one of the rights recognized by Section 35 of the Charter is a First Nation\u2019s right to determine who resides on their lands and who can come onto their lands. \u201cA band council and members can say no to [the press],\u201d she says. In other words, while treaties theoretically enshrine freedom of the press by default, treaty nations can refuse journalists who are not band members access to Aboriginal lands \u2014 an effective veto over freedom of the press.<\/p>\n

Rogers believes Aboriginal people in a treaty nation \u201cwould want, need and rely upon freedom of expression just like anyone else in our society. All the same reasons that there is public access to other kinds of public bodies should apply when it comes to band council meetings.\u201d<\/p>\n

But in practice, that seems to not always be the case. Sayers says reporters can call tribal officials to inquire about meeting outcomes afterwards, and band members are free to speak to the media. In other words, the press isn\u2019t completely cut off from covering band affairs.\u00a0But is a band council legally allowed to say no to a journalist?<\/p>\n

It\u2019s hard to say for sure, and it seems likely to remain a grey area because no one has challenged it. The issue just isn\u2019t a priority with governments, First Nations or media, Rogers says. He believes there\u2019s only one way to find out what would happen if a reporter tried to attend and document a meeting that a band considered closed. If the council turned a reporter away, the matter could end up being tested in court.<\/p>\n

\u201cClearly there would have to be a court case that a judge would help clarify,\u201d Rogers says. \u201cThat\u2019s one way. Not the best way, but that\u2019s one way.\u201d All society benefits when public scrutiny is brought to bear on public officials in public institutions, Rogers says. \u201cCitizens get information and ask questions on issues. They can\u2019t get that information without freedom of the press,\u201d he says. \u201cYou raise this because this is missing and there hasn\u2019t been sufficient scrutiny.\u201d<\/p>\n

All roads lead to Facebook<\/strong><\/p>\n

With all the confusion around freedom of the press, combined with a lack of coverage, Nisga\u2019a people aren\u2019t waiting for a case to go before the courts.<\/p>\n

In Vancouver, Ginger Gosnell-Myers watched the LNG issue closely. A Lower Mainland-based Nisga\u2019a citizen from Gitlaxt’aamiks, Gosnell-Myers has lived away from home since her teens.<\/p>\n

But she maintains close ties to her ancestral home, adding that issues in the Nass still affect the more than\u00a05,000 Nisga\u2019a<\/a>\u00a0who live away from home. Getting information from home about issues such as LNG was a challenge, she says.<\/p>\n

\u201cOur ability to know about these plans and to organize as a people to protest was only possible because of social media,\u201d Gosnell-Myers said. \u201cWe will not stand idly by while they [the Nisga\u2019a Lisims Government] hold secret meetings for secret deals that trade our protected lands for whatever it was they happened to gain from it.\u201d<\/p>\n

\"gosnell-myers-vancouver-wawmeeshhamilton-640x617\"<\/a>
Ginger Gosnell-Myers started the Facebook group Nisga\u2019a Democracy and Governance to inform citizens about decisions that impact them, debate those decisions and hold legislators accountable.\u00a0Photo: Wawmeesh Hamilton.<\/figcaption><\/figure>\n

Gosnell-Myers took issue with what she felt was a lack of transparency by the Nisga\u2019a Lisims Government, so she did something about it. She started a Facebook group in 2013 called Nisga\u2019a Democracy and Governance. The group\u2019s members can post questions, air their concerns and share thoughts about Nisga\u2019a government issues. Before the group was established, information sharing was informal. Something more was needed. \u201cI felt that Nisga\u2019a have always been a vocal and politically savvy population, but that we did not have a mechanism or space to share or say what was needed,\u201d she says.<\/p>\n

When she started her Facebook page, the Nisga\u2019a treaty was more than a decade old, but democratic participation wasn\u2019t keeping pace, Gosnell-Myers says. Community engagement and communications lagged, and there weren\u2019t meaningful options for citizens to participate in governance beyond voting every four years. The Facebook group acts as an equalizer. \u201cSocial media gives us the tools to rectify that and create space and discussion amongst ourselves, and to continue the Nisga\u2019a tradition of fighting for our voices to be heard,\u201d she says.<\/p>\n

The Nisga\u2019a government isn\u2019t the only new First Nation democracy facing questions about independent media covering its affairs.<\/p>\n

More such hybrid democracies are set to be created across the province. The Tsawwassen and Maa-nulth First Nations have negotiated their own treaties through the B.C. Treaty Commission and have their own legislatures. The commission\u2019s website shows there are 59 other B.C. First Nations at various stages of treaty negotiations.<\/p>\n

As new treaties are signed and nations move to full self-government, freedom of the press \u2014 at least on paper \u2014 will be part of their new democracies.<\/p>\n

Meanwhile, while the Nisga\u2019a Democracy and Governance Facebook group doesn\u2019t practise journalism, at more than 1,400 members the group\u2019s size shows an appetite for information and accountability \u2014 something people aren\u2019t going to wait for conventional journalism to provide.<\/p>\n

\u201cUntil the Nisga\u2019a Lisims Government can design ways for the people to be engaged and updated and informed on important matters, groups like Nisga\u2019a Democracy and Governance will fill that gap,\u201d Gosnell-Myers said.<\/p>\n

While Noah Guno seemed positioned to fill that gap, circumstances have changed. Guno was elected to the Gitlaxt’aamiks Village Government council on Nov. 2, 2016. At 272 votes, Guno received the highest number of votes of the seven winning candidates.<\/p>\n

Guno says he found it too hard to continue making a living as a reporter. Being a village councillor frees his time up to pursue better-paying work, but also to say something as a public official about things he saw while he was a reporter.<\/p>\n

Guno says he\u2019s thought through the issue of conflict of interest with his role as owner-reporter of Aboriginal Press<\/em>\u00a0and his position of village councillor. He\u2019ll still own the press and will work on growing the business side of it, but he has relinquished all editorial responsibility and hired two writers to file stories instead. When pressed about the perceived conflict, he says, \u201cI\u2019m going to honour the oath I swear to office. But if this comes up, then I\u2019ll follow the letter of our village government policy.\u201d<\/p>\n

Guno says he\u2019ll continue to work for change, just in a different venue. \u201cWhen doors open for you, you have to be there to grab hold and open them,\u201d he says.<\/p>\n

This article was adapted, with permission, from the <\/em>article of the same title<\/em><\/a> published by <\/em>Discourse<\/a>.<\/p>\n

Photo: Wawmeesh Hamilton<\/p>\n

 <\/p>\n

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Once every quarter, during each of the year\u2019s four seasons, 39 elected representatives from the Nisga\u2019a First Nation gather to discuss everything from health and education to lands and resources of their nation. These 39 people make up the Wilp Si\u2019ayuukhl Nisga\u2019a, the legislature of the Nisga\u2019a people of northern B.C. Located in Gitlaxt’aamiks, the […]<\/p>\n","protected":false},"featured_media":237589,"template":"","meta":{"_acf_changed":false,"content-type":"","ep_exclude_from_search":false,"apple_news_api_created_at":"2025-10-08T01:22:47Z","apple_news_api_id":"18a965dc-5c18-4c34-83a5-fed3fac3fcbe","apple_news_api_modified_at":"2025-10-08T01:22:47Z","apple_news_api_revision":"AAAAAAAAAAD\/\/\/\/\/\/\/\/\/\/w==","apple_news_api_share_url":"https:\/\/apple.news\/AGKll3FwYTDSDpf7T-sP8vg","apple_news_cover_media_provider":"image","apple_news_coverimage":0,"apple_news_coverimage_caption":"","apple_news_cover_video_id":0,"apple_news_cover_video_url":"","apple_news_cover_embedwebvideo_url":"","apple_news_is_hidden":"","apple_news_is_paid":"","apple_news_is_preview":"","apple_news_is_sponsored":"","apple_news_maturity_rating":"","apple_news_metadata":"\"\"","apple_news_pullquote":"","apple_news_pullquote_position":"","apple_news_slug":"","apple_news_sections":[],"apple_news_suppress_video_url":false,"apple_news_use_image_component":false},"categories":[9380,9358,9372],"tags":[],"article-status":[],"irpp-category":[4371,4295],"section":[],"irpp-tag":[],"class_list":["post-264579","issues","type-issues","status-publish","has-post-thumbnail","hentry","category-autochtones","category-politique","category-recent-stories-fr","irpp-category-autochtones","irpp-category-politique"],"acf":[],"apple_news_notices":[],"yoast_head":"\nIn First Nations, freedom of the press is unclear<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/policyoptions.irpp.org\/fr\/2016\/12\/in-first-nations-freedom-of-the-press-is-unclear\/\" \/>\n<meta property=\"og:locale\" content=\"fr_FR\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"In First Nations, freedom of the press is unclear\" \/>\n<meta property=\"og:description\" content=\"Once every quarter, during each of the year\u2019s four seasons, 39 elected representatives from the Nisga\u2019a First Nation gather to discuss everything from health and education to lands and resources of their nation. 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