U'mista Cultural Centre [Prohibition of the potlatch]

In April 2002, the ’Namgis First Nation, representing themselves, the U’mista Cultural Centre, the Nuyumbalees Cultural Centre and 13 other Kwakwaka’wakw First Nations, requested an ICC inquiry, which the Commission accepted in May 2002. The claimants alleged a breach of Canada’s fiduciary obligation through Indian Act amendments in 1884, 1895, and 1918 that prohibited the potlatch and also through measures taken by the government and its officials in enforcing such legislation, particularly in the case of a potlatch held at Village Island in December 1921. After a planning conference in October 2002 and several subsequent conference calls, the parties came to an agreement on the issues before the ICC in February 2003. At the end of that month, a community session was held at the ‘Namgis First Nation and, in March 2003, the Commission initiated discussions with Canada regarding the possibility of considering the claim as a special claim.¹ By July 2003, the parties agreed on this manner of proceeding. By February 2005, after a delay on account of funding, the First Nation submitted a revised claim as a special claim. The inquiry has been placed in abeyance at the request of the First Nation.

¹Special claims, formerly known as "Claims of a Third Kind," are those claims from First Nations that fall outside of the Specific Claims Policy and the Comprehensive Claims Policy.