ʔapisumxuʔniⱡ Kuȼkiyawiy / True Story, False Line
In an era of simmering cross-border conflict, the Ktunaxa remind us of lands divided, promises broken, and damage to be undone.
Chief Eustace Francois at St. Eugene Mission in September, 1951 with the Staff of Authority and the Medal of Queen Victoria. The staff is a symbol of sovereignty under the British Commonwealth, comparable to the B.C. Legislature’s Mace. Both represent authority and the right to govern. Photos Courtesy Ktunaxa Nation Council
To understand Ktunaxa colonial history, we begin with the Hudson's Bay Company (HBC), established in 1670. The Ktunaxa never ceded their Aboriginal title lands and were aware of their rights through interactions with the HBC, a colonizing force bound by British law, including the Royal Proclamation of 1763, which mandated treaties for land acquisition.
Both Britain and the U.S., despite independence, enacted laws requiring treaties for Indigenous lands, demonstrating a shared principle of recognizing Indigenous land rights. Further, the 1794 Jay Treaty granted Indigenous peoples free border-crossing rights—though it was later undermined by court rulings and U.S. restrictions.
“The Jay Treaty is currently only recognized by the United States and not equally recognized by Canada,” says Nasuʔkin Heidi Gravelle. "The Jay Treaty Border Alliance is working on many of the issues that we face as First Nations people at the border. Unfortunately, until we get Canada to recognize the Jay Treaty and get the United States to change the inappropriate rules that are currently in place, it is still a barrier and not working for the best interest of our inherent rights as First Nations peoples that were cut in half because of that imaginary line.”
"What is the meaning of this boundary line?” Tobacco Plains Indian Band Chief David poignantly asked the question in the late 1800s. “It runs through the middle of my house. My home is on both sides. Why should you, without asking me or considering me, divide my property in two and also divide my children?"
The Hudson's Bay Company's westward expansion overlapped with American interests in the same region, leading to the 1846 Oregon Treaty that established the 49th parallel as the boundary. Despite the fact British sovereignty in the area was contested, British control in Ktunaxa territory solidified around 1865, marked by the completion of the Dewdney Trail and Governor Frederick Seymour's dubious distribution of royal staffs adorned with silver crowns to Indigenous leaders. Despite the recognition, reserves were established in Ktunaxa territory in 1886 without treaty or consent.
Fast forward to 1951, Chief Eustace Francois of ʔaq̓am Community (formerly known as the St. Mary’s Indian Band) told the Cranbrook Courier that he “carried the traditional Staff of Authority, handed down since 1870” and he wore “the big silver medal which bears the image of Queen Victoria and the perquisite of each Indian Chief and is handed on in succession.”
The Ktunaxa Staff is a symbol of their sovereignty under the British Commonwealth comparable to the B.C. Legislature’s Mace. Both represent authority and the right to govern. The Ktunaxa actively display their Eagle Feather Staff, much like the legislature displays the mace.
Indigenous oral histories in British Columbia affirm that the staffs and medallions given to First Nations were not mere trinkets, but symbols of a nation-to-nation relationship acknowledging King George's Royal Proclamation. These gifts, including medals bearing Queen Victoria's likeness, were presented at a time when British Columbia lacked the resources for treaty-making. Instead, the colonial government secured access to Indigenous lands and resources through a constructive arrangement, promising generous reserves and wealth-sharing in future treaties. This arrangement reflected the Indigenous law of reciprocity: the Ktunaxa, in good faith, allowed Europeans into their territory with the expectation of fair treaties and large reserves, similar to those in Alberta or Montana. However, these promises failed to materialize, leaving a legacy of unfulfilled obligations.
The notion of being a "King George Man" signified protection and safety, particularly in contrast to the perceived dangers posed by Americans towards Indigenous peoples. This identity, associated with the Hudson's Bay Company and British authority, fostered trust and cooperation between Indigenous communities and those aligned with the Crown. Historical accounts illustrate how this notion played out in various situations, even saving lives and influencing decisions about land and belonging.
Despite the Ktunaxa having obtained the Staff of Authority from the British Crown from the Government of British Columbia in 1870, the matter of sovereignty was noted as entirely lacking in the 1981 Kootenay Nation Land Claim and Declaration.
“We, the Kootenay Nation, have suffered, endured and survived a multitude of injustices,” states the 44-year old document. “The greatest injustices we as a people have tolerated is the disruption of our inalienable right to sovereignty. Initially we experienced the blatant encroachment of the first Europeans; later the oppressive and opprobrious reserve life; lastly, our sovereignty has become a mockery giving us only token recognition. This last is an especially offensive affront to our collective sensibilities.”
As of the fall of 2022, with the coronation of King Charles III, there is promise of deeper recognition. The coronation included Commonwealth flags attached to royal guidons practically identical to the Ktunaxa Royal Staff of Authority, suggesting a potential pathway for recognizing Indigenous sovereignty within the Commonwealth by inviting Indigenous participation in future events of this magnitude.
The Annual Border Walk at Tobacco Plains raises awareness of a Ktunaxa homeland divided, and invites everyone to celebrate too. The event, which runs on Friday, June 21 this year, is open to everyone and it coincides with National Indigenous Peoples Day. Participants should arrive at the border at 9:30 a.m., with the walk departing at 10 a.m. Photos Courtesy Ktunaxa Nation Council
… continued from above … This aligns with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which supports Indigenous peoples' right to maintain their political institutions and participate in state affairs if they so choose.
In 2007, the United Nations Declaration on the Rights of Indigenous Peoples was created and it included Article 36, which addressed the Ktunaxa situation of being divided by borders.
“Indigenous peoples, in particular those divided by international borders,” the article says, “have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.”
“States, in consultation and cooperation with indigenous peoples,” Article 46 continues, “shall take effective measures to facilitate the exercise and ensure the implementation of this right.”
"This border will not stop us from practicing who we are,” says Nasuʔkin Gravelle of the 49th parallel.
On the border and economic friction between Canada and the United States, Nasuʔkin Gravelle says “politics has proven that colonial structures, governments and policy are only as good as their people in power.“
“That’s why I respect our First Nations Leaders, and Elders and specifically our ancestors, we value our land that we come from, we are here to take care of our land and our people and to only take what we need and leave it better than how we found it. It is because of fundamental principles and values that we are still here. And will still be here after.”
It would appear the notion of a King George person still resonates within the Canadian portion of our First Nations, despite a dividing line which has torn the Ktunaxa house in half.
~ Troy Hunter
Find this full-length story and more in The Trench’s Spring/Summer 2025 edition: