Unceded Lands and Wilp Sovereignty

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Unceded Lands and Wilp Sovereignty

INITIATION DRAFT — Ayaawx teaching page explaining the relationship between unceded Tsm̱syen lands, wilp sovereignty, and the legal, cultural, and territorial authority that predates and continues independent of colonial governments.

Overview

Tsm̱syen territory has never been sold, surrendered, ceded, or absorbed by any colonial treaty. This fact shapes every discussion of law, land, governance, and rights.

Under ayaawx:

  • the wilp (matrilineal House) is the primary sovereign entity,
  • land is held through lineage,
  • rights come from ancestors,
  • and authority is witnessed, not granted by external governments.

“Unceded” is not a slogan — it is a statement of **ongoing jurisdiction**.

What “Unceded” Means

In colonial law, “unceded” lands are territories:

  • never purchased,
  • never negotiated,
  • never surrendered,
  • never transferred to the Crown.

In Tsm̱syen law, unceded means:

  • the wilp still holds original territorial authority,
  • ayaawx still governs land use,
  • crest rights still define responsibility,
  • the Crown has no lawful purchase or title.

Unceded = sovereignty never interrupted.

Wilp Sovereignty

A wilp is more than a family. It is:

  • a territorial government,
  • a holder of stories (adaawx),
  • a steward of waters, mountains, and harvesting places,
  • an authority on land access and movement,
  • a keeper of crest rights.

Sovereignty rests in:

No colonial government granted this sovereignty. It existed before contact and continues today.

Ayaawx and Territorial Ownership

Under ayaawx:

  • land is not “owned,” but held in responsibility,
  • crests encode territorial rights,
  • names (simgigyet) contain authority over rivers, inlets, and harvesting places,
  • wilp boundaries are ancient and witnessed in ceremony.

Territorial knowledge is passed through:

  • adawx (sacred histories),
  • place names,
  • smokehouse teachings,
  • feast proceedings,
  • House migrations and alliances.

This system predates Canada by thousands of years.

Colonial Claims Without Consent

The Crown asserts sovereignty over Tsm̱syen territory based on:

  • the Doctrine of Discovery (invalid),
  • terra nullius (invalid),
  • unilateral declaration,
  • “assumed sovereignty,”
  • enforcement through law and police power.

None of these meet the ayaawx standard of **permission**, nor the international standard of **free, prior, and informed consent (FPIC).**

The land remains unceded because:

  • there was no treaty,
  • no payment,
  • no lawful acquisition,
  • no House-level transfer,
  • no approval by matriarchs or witnesses.

Wilp vs. Band Council Authority

Band councils were created by the Indian Act to:

  • manage reserves,
  • replace hereditary systems,
  • reduce Indigenous governance to municipal-style administration.

They do **not** replace wilp sovereignty.

Under ayaawx:

  • wilp governs the entire traditional territory,
  • reserves do not define jurisdiction,
  • hereditary authority supersedes administrative structures,
  • land rights cannot be transferred by band council.

Only a wilp can speak for its land.

Unceded Territory and Resource Access

Because territory is unceded:

  • companies (rail, pipeline, forestry) operate without proper consent,
  • environmental harm violates wilp law,
  • jurisdiction remains contested,
  • wilp retain the right to regulate access,
  • compensation and agreements require House-level approval.

Colonial licences do not override ayaawx.

Unceded Territory in Feasts

In the feast house, wilp sovereignty is:

  • declared in speeches,
  • encoded in crests,
  • maintained through name transfers,
  • witnessed by other Houses,
  • and reaffirmed publicly.

A crest on a blanket is a territorial map. A name spoken aloud is a jurisdictional statement.

No colonial document is stronger than a witnessed feast.

Modern Implications

Unceded Tsm̱syen lands mean:

  • Canada and BC assert power without lawful purchase,
  • wilp retain inherent authority over land and water,
  • FPIC must be applied for any project,
  • treaty negotiations begin from the position of Tsm̱syen ownership,
  • territorial decisions must return to the matriarchs and House leaders.

Sovereignty is not something to “restore.” It is already intact — it must only be re-recognized.

Summary

Unceded lands → show the Crown never gained lawful title. Wilp sovereignty → is the original government of the Tsm̱syen. Ayaawx → continues to govern land, identity, and responsibility. Crests and names → are the legal structures of territorial authority. Feasts → remain the highest court of Tsm̱syen law.

Unceded territory means the Tsm̱syen are **sovereign on their own lands**, now and always.

Notes

INITIATION DRAFT — Will expand with House-specific territorial histories, watershed names, and examples of wilp sovereignty in modern contexts.

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