Background Sources:

What I share is not meant to be definitive.  It is intended to give insight into traditional knowledge passed on to me by Hailhzaqv teachers including:  Beatrice Brown, Margaret Campbell, Emma Humchitt, Florence Humchitt, Mary Hopkins, Peggy Housty, Esther Bolton, Maggie Windsor to name a few who shared with and taught me over time from when I was still very young. I continue to be taught by elders including: Marina Humchitt and Mary Vickers.  The insights also come from reading autobiographies and interviewing Hailhzaqv members for projects I undertook including:  Traditional Roles & Responsibilities of Heiltsuk Women in Decision Making (RCAP 1994) and the Heiltsuk Wellness Study (1994).  Some insights come from personal experiences when I supported and mediated to address social issues.  This was particularly true for the 40 years that I worked with students and families at Heiltsuk College. The late David Gladstone worked with me to learn about, document and guide ceremonial practices when our Potlatch system was revitalized in the 1980s.  During this time, we consulted with the Hilistis Society to learn about and support in the repatriation of our ceremonial customs, dances, nu’yem etc.  

ǧvi̓ḷás (gwee-ee-laas)

(Hailhzaqv) law, rule or regulation that has force of law

ǧviálaƛḷagilakv schedule of operations; guiding law or regulation

An important lesson I learned is never to make assumptions based on non-Hailhzaqv ways and mind.  After being away for many years immersed in an outside world and ways, my mind was indoctrinated and I had lost my Hailzhaqv mind—late Chief Moses Humchitt taught me that lesson very clearly.  I learned that what we now experience as today’s social ills or problems did not exist in our Hailzhaqv  past.  This is because our laws were created by consensus building at community meetings and they were clearly understood by all, including children and youth.  The foundation of these laws was based on what we valued and we were required to uphold these values.  The laws were enforced by tribal tsee’klaa (police) or by a council of women (particularly regarding young offenders).  

For example, in 1994, I asked Hailzhaqv Chiefs and Elders what would have happened if a child was abused.  The puzzled looks  were followed by “It would not have happened.”  My assimilated self could not understand this statement thinking that my question was misunderstood.  I then asked once more “But, what would have happened if a chid was abused.”  The response was that the perpetrator would be killed. I then understood as they patiently taught me that our laws were so strict, clearly articulated and enforced so this unthinkable abuse would not have happened—full stop!  Many of those present at this meeting lived during the time of strict laws that guided behavior so they were responding in that vein.

Later, I learned that breeches of our laws had to be accounted for in a public way and those who violated them were required to make amends.  

Haíɫcístut (Hail-sees-toot)

to turn things around and make them right again.

Even if a breech of law was minor, it was still necessary to address the problem in a public forum to make the offender account for and be responsible for actions.  The offender was required to make amends.  This process was guided by older women who w̓áláqvḷato talk together, to discuss, to have a meeting about the problem and advise on remediation or correction. húmiɫuaɫa  (ho-mmeth-la)- means to hear each other; to understand each other's talk

Accountability and Guiding Principles

 Above all else, accountability for one’s actions was the responsibility of each citizen.  This was always done in a public gathering such as a feast to ensure transparency and allow others to observe and witness the process and outcome. The goal was always to híɫay̓ut – (hailath-oot) to correct one’s behavior.  If there was not agreement on how to resolve the problem, sometimes a ƛxálá mediation process was imposed by hereditary chiefs. The meditator was someone who could be neutral and understand the complete picture and guide accordingly keeping the law at front and center in the resolution process.   h̓íxst̓áukv -to discuss a person's well-being was key to management of problematic situations.  

Shame Feasts 

c̓úx̌va  (ts’oox-wah) - to wash; to give a feast "to wash" off an unfortunate event (after which no one talks about it any more)

This “washing” or purifying ceremony was used if one experienced a near-death accident.  It was done to address the situation and acknowledge those who helped.  The ceremony was also done in feast settings to address a situation that has caused harm or problems to others.  It was also used to deal with hurtful gossip or a behavior that brought shame to the family.  máxc̓gílá – to make someone feel ashamed. It was  important to make an offender yáyát̓ala - to be remorseful, to regret  Advice and T’gai’la to reinforce the value of h̓igílákv – to be good (to have good behavior) was an important part of the healing process.  The offender was encouraged to h̓íkḷá - to take good care to keep away from trouble or danger (or bad behavior). The goal was to h̓íxʔit - to improve, become good and to h̓ikqú - to reconcile , to make peace

qṇts núyṃ́ - Our History and Story

Haíɫzaqv “Heiltsuk”, means “to speak and act in the right way.”  It embeds our ancient and contemporary principles and frames our relationships with each other and with our natural world.  It informs our ǧvi̓ḷás (laws) to uphold our traditional and contemporary practices to ensure continued sustainability and sustenance for the generations to come.  It requires us to leave a legacy of an intact and thriving Hailzhaqv world that our future children will benefit from to ensure health and wellness.  

Personal Experiences 

Mediating, Planning and Organizing Shame Feasts

In 1990, I worked with Frank Brown and his family when he hosted a feast to account for and address his negative behaviors as a young offender. In accordance with ǧvi̓ḷás, an offender was isolated for as long as necessary to come to terms with the root cause of negative behavior.  In this case, Frank’s aunt and uncle negotiated with the circuit court judge to apply this traditional measure; so, Frank was isolated on a nearby island for eight months. This ostracization was in accordance traditional Hailzhaqv justice before our culture was outlawed and authority taken away by the Indian Act regulations.  

After Frank came to terms what happened and why his young life was derailed, he wanted to tell his story and thereby serve as an example of how restorative justice works.  The first step was to meet with the Hemas and Elders to ask permission to do this.  Through this, he had to account for his behavior and demonstrate commitment to reconcile and Háɫcístut (Hail-sees-toot).  He was given permission to host the feast, which was more like a “washing” feast. He recounted his story, accepted responsibility for his behavior, was remorseful and acknowledged those who supported and guided him on his healing journey.  Afterwards, the elders debriefed and critiqued this event agreeing that it reflected some of our ancient ways and customs and that it had good outcomes.  

Those who know Frank Brown will understand that he was impacted positively by this restorative justice measure.  He went on to organize:  Discovery camps for youth, Canoe Tribal Journeys, and other accomplishments that have benefited others—especially young people.  He gained trust and stature among his people and today holds the position of a Hereditary Chief who is committed to the betterment of his Nation and community. 

Restorative Justice re: Sexual Assault 

In the 1990s, I was asked to guide and support in addressing two rape cases against women and the cases were before the court.  The circumstances were such that incarceration was a reality and both male offenders pleaded guilty to the charges. 

However, they pled their case to the circuit Judge to have Hailhzaqv Restorative Justice take place with the understanding that incarceration was still a real possibility.  The judge agreed.  

Based on the process of helping Frank Brown, we consulted with the Elders and Chiefs of the day.  Both offenders told their story of being traumatized as young boys – one was institutionalized in a Residential School when he was very young and suffered sexual and other abuse there.  The other experienced abuse, violence, and trauma in his family of origin and was powerless to do anything.  Although their stories were heart wrenching, they helped the Chiefs and Elders understand and have empathy for them; however, they were still required to be held accountable for their actions and to publicly admit their wrongdoing and ask for forgivingness of their victims and the families of the victims.  In one case, it was advised that part of the healing was to have a full traditional regalia made for the victim as a symbol of remorse and regret.  

Both offenders were required to cover the cost of feasts.  Both were required to have their families in attendance and stand with them in telling their stories and asking for forgiveness.  Both were required to disburse gifts to the Chiefs and Elders.

In the end, they received forgiveness with the condition that this would never happen again, that they refrain from drinking alcohol and that they pursue higher learning and/or work skills development.  

After all these years, those conditions have bee upheld. Both men have become contributing members of society.  Their victims were upheld and both have also been on their healing journeys to become strong and independent.

Epilogue

In the 14,000 plus years of Hailhzaqv existence, there was a clear, functional, predictable, intact, and effective Gvi’ilas and value systems that were adhered to. With the intergenerational traumas and resulting negative behaviors which have become normalized, it is necessary to draw upon the laxvai and strength of our ancestral ways and teachings in order to reinforce our values and wellbeing.  The present Hailhzaqv Justice system is a model that is upheld.  If we pursue Restorative Justice, each case before the courts must be analyzed, each offender and victim must be heard and where possible, alternative justice can be considered as a means of restoring trust, health, wellbeing, and integrity.  

Heiltsuk Words – definitions reflect the topic of “shame”

word	plural		PHDD
máxc̓a	ma̓ṃ́xc̓a	ashamed, shy	408-2-9
máxc̓xʔit		to become ashamed	408-2-10
máxc̓gílá		to make ashamed or shy	408-2-11
máxc̓ákv		(s.o.) made ashamed or shy	408-2-12
1980 NWakashan Comp.  Root List		He-Heiltsuk   Oo-Oowekyala   Kw-Kwakwala	NWCRL
mhx		to take avoidance action (as when shy or embarrassed, or when boxing) (e.g. He máxc̓a Oo maxc̓ Kw maxc̓a “to be ashamed, shy, or embarrassed”, He máxáṃt̓inux̌w “boxer”, He máxstu, Oo maxstu “to squint (as when blinded by glare)”	p.82 (230)
mhx		flat, even (in He mánís “to bask in the sun”, He mánízas and mánías , Oo mań̓ias “summer seat, sunbath” He mánás “prairie”	p.82 (231)
word	plural		PHDD
wáiƛḷiɫa		to overpower indoors, to rape indoors	649-1-6
wáiƛḷsa	wíw̓áiƛḷsa	to overpower s.o. outdoors, to rape outdoors	649-1-5
waítha   waíƛa		To make weaker, to overpower sth.	649-1-4

Definition list compiled by Jennifer Carpenter, Director of the Heiltsuk Cultural Education Center and shared with Hilistis Pauline Waterfall with gratitude and respect.