Lawful use and access

Lawful Use and Access

This page clarifies that lawful use and access arise only through recognized authority and remain subject to ongoing responsibility and accountability.

Purpose

This page defines Lawful Use and Access under Ayaawx, clarifying when and how land, water, and territory may be entered, used, or passed through, and who holds the authority to permit or deny such use.

Lawful use and access is not assumed. It must be granted, maintained, and respected.

Definition

Lawful use and access means the right to enter, travel through, or use lands and waters only where authority has been granted by those who hold responsibility for that territory, and only while the conditions of that authority are upheld.

Access without authority constitutes trespass under Ayaawx, even where such access has been normalized by time, infrastructure, or external law.

Sources of Authority

Lawful use and access may arise only from:

• Ayaawx (Tsm’syen law)
• House authority (Wilp / Waap)
• Clan or inter-house agreements
• Adaawx (records of title and responsibility)
• Witnessed permissions or agreements
• Treaty or agreement, where freely consented to and not in violation of Ayaawx

No authority arises from:

• Assumption
• Habit or long use
• Mapping or registration
• Enforcement power alone
• Payment of fines after harm has occurred

Scope of Lawful Use

Where properly authorized, lawful use and access may include:

• Travel by land or water
• Harvesting of foods, medicines, or materials
• Temporary presence for defined purposes
• Use of established routes or corridors
• Limited infrastructure access under defined conditions

All lawful use is:

• Purpose-specific
• Condition-based
• Revocable
• Subject to accountability

Access does not imply ownership or permanence.

Limits of Lawful Access

Lawful use and access does not include:

• Ownership of land or waters
• Unlimited or perpetual access
• Transfer of authority without consent
• Use that causes harm or degradation
• Use inconsistent with Ayaawx obligations
• Use imposed solely through external legal systems

Conditions of Continuance

Lawful use and access continues only while:

• Land and waters are protected
• Duties of care are fulfilled
• No harm is caused
• Consent remains in effect
• Authority holders remain accountable
• Use aligns with Ayaawx and Adaawx

Violation of these conditions places access immediately in question.

Accountability and Harm

Where harm occurs:

• Lawful access may be suspended or revoked
• Accountability must be addressed through Ayaawx-based processes
• Restoration and remedy are required
• Continued access is not presumed

Repeated harm without remedy constitutes ongoing unlawful access.

Relationship to Crests and Names

Crests and names carry authority tied to specific territories.

A person acting under a crest who misuses land or water:

• Violates Ayaawx
• Breaches the authority carried by the crest
• Undermines the legitimacy of the name
• Becomes accountable to their house and clan

Authority is maintained through conduct, not status.

Relationship to External Law

External legal systems may recognize access; such recognition does not override Ayaawx.

Where external law conflicts with Ayaawx:

• Ayaawx governs internal legitimacy
• Assumed access remains unlawful under Tsm’syen law
• Recognition without consent does not create authority