Referral Review & Engagement Policy

 

Foundational Statement: Kwakiutl Law, Treaty, and Jurisdiction 

Kwakiutl jurisdiction is grounded first and foremost in Kwakiutl law (p̓asa), which sets out our responsibilities to the land, waters, and future generations. These responsibilities pre-date the Crown and continue to guide how Kwakiutl relates to, governs, and stewards the territory.

Awi’nakola (All Realms of Stewardship) Kwakiutl governance is informed by Awi’nakola, which recognizes the interconnected relationship between land, water, air, and the supernatural world. This understanding reflects Kwakiutl responsibilities to steward all aspects of the territory as a unified whole.

All referrals are therefore assessed not only for site-specific impacts, but for their broader effects on ecological integrity, cultural continuity, and the relationships that sustain Kwakiutl law (p̓asa) and way of life.

This Policy is intended to guide engagement and support lawful consultation; it does not replace or limit the Crown’s legal duty to consult and accommodate Kwakiutl.
Kwakiutl is a Treaty Nation under the pre-confederation 1851 Douglas Treaty. While this Treaty remains largely unimplemented by the Crown, it has never been extinguished. The Treaty affirms ongoing Kwakiutl rights to village sites, enclosed fields, hunting areas, fisheries, and the broader landbase required to sustain Kwakiutl governance, culture, and economy. Crown failure to implement the Treaty does not diminish Kwakiutl responsibilities or authority.

The courts have affirmed that Kwakiutl Treaty and Aboriginal rights apply across the entire landbase where Kwakiutl is connected to the lands as a people, as former and yet it is not frozen in time. In Chartrand v. British Columbia, the BC Supreme Court confirmed the strength of Kwakiutl claims and the requirement for deep consultation and that despite repeated denial, Kwakiutl never surrendered their land. These rights are not confined to narrow site-specific footprints or Crown-defined boundaries.

Kwakiutl Referral Review & Engagement Policy.