The Lax Kw’alaams band has called a referendum for April 9 to vote on the proposed Da’ax Kw’alaams Man-Ayaawx Constitution, a momentous step toward establishing their own self-governance framework.
“A Constitution will re-affirm and assert the rights of Lax Kw’alaams people. Only with the Constitution can we move away from the Indian Act,” said the band on its official social media handles.
The Lax Kw’alaams community consists of descendants from the Nine Tribes of the Ts'msyen, which include the Gitlaan, Gispaxlo’ots, Gilutz’aaẅ, Gitandoa, Gitnadoixs, Ginax’angiik, Gits’iis, Gitzaxłaał, and the Gitwilgyoots. It has approximately 4,150 members and is located on the northwest coast of British Columbia near Prince Rupert.
To exercise their rights to self-determination and self-governance, they will proceed with the approval and implementation of the new constitution if at least 60 per cent of voters in the referendum support it. Several hereditary and elected chiefs, along with the elected mayor, Garry Reece, have already signed their endorsement of the Man-Ayaawx – Constitution.
The band clarifies that the legal document will not significantly alter their daily lifestyle as they know it today.
“Instead, it will enable us to strengthen our own governance system and move away from being told what to do,” they said.
Last month, the Heiltsuk Nation, a central coast community in B.C., approved its constitution with 67 percent of votes in favour.
The potential constitution can empower its citizens by developing their own laws and managing their territory. It promotes safeguarding their resources, such as land and finances, while establishing clear expectations and conduct for leaders to ensure accountability.
It also provides a structured framework for resolving disputes fairly and fostering community justice. Moreover, the text outlines the services, supports, and benefits available to citizens, contributing to an improved quality of life and promoting overall progress, they say.
The band intends to move away from the Indian Act, recognizing that the 1876 Act was a colonial document that defined the relationship between Indigenous peoples and the Canadian government for more than a century.
“It institutionalized colonial policies, promoted assimilation, and furthered the process to take away Indigenous lands and resources,” stated the First Nation.
“Its legacy remains a source of ongoing conflict and struggle for Indigenous rights and self-determination. As our ancestors did, we continue to cycle forward using whatever means necessary to further our collective self-determination.”
Reconciliation
Lax Kw’alaams feels that without its own constitution, the Nation faces continued limitations under the Indian Act, restricting their governance and law-making abilities. The community will still need permission from the Crown and Province for many decisions.
This lack of self-governance also impacts their aspirations for self-determination and economic self-sufficiency and weakens their negotiating power in discussions about self-government, they say.
Since 2020, Lax Kw’alaams has engaged in reconciliation discussions with both the federal and provincial governments. To support their priorities, they created a Reconciliation Department to lead community-driven governance activities. Focussed on self-determination, Lax Kw’alaams launched nation-building initiatives, prioritizing constitutional development.
In June 2022, they began community engagement in reconciliation efforts using an open and transparent approach. The Amlahaw “Peoples’ Voices” Initiative was launched to gather input from community members, capturing their collective vision for a Nation distanced from the Indian Act. Through workshops, meetings, and virtual sessions, the band has worked to educate and involve members in the constitutional and governance process.
A Lax Kw’alaams Constitution will collectively represent the people’s shared values, identity, and governance structure, regardless of changes in elected leaders, they say. It will be a cohesive document that can be adapted as time progresses.
The written body will be reviewed periodically after one, every three to five years, allowing for updates and improvements. The band states that the constitution will neither replace nor displace the Indian Act. It will not affect the current taxation of its members or interfere with the provincial services they receive. The constitution is not a treaty.
The final draft of the constitution is available on the band’s website.
To vote
Online: Members can register through OneFeather by April 3 to vote until 8 p.m. on April 9, 2025.
In-person: Voting will be open between 9 a.m. and 8 p.m. on April 9 in Lax Kw’alaams at the Reginald Sampson Recreation Centre Gymnasium.
In Prince Rupert, voting will occur on the same day between 10 a.m. and 8 p.m. at the Jim Ciccone Civic Centre.
