Frank Arthur Calder
Encyclopedia
Frank Arthur Calder, was a Nisga'a
Nisga'a
The Nisga’a , often formerly spelled Nishga and spelled in the Nisga’a language as Nisga’a, are an Indigenous nation or First Nation in Canada. They live in the Nass River valley of northwestern British Columbia. Their name comes from a combination of two Nisga’a words: Nisk’-"top lip" and...

 politician in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, the first Status Indian to be elected to any legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

 in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

.

Born in Nass Harbour, British Columbia, Calder was the first Indian to graduate from the Anglican Theological College of the University of British Columbia
University of British Columbia
The University of British Columbia is a public research university. UBC’s two main campuses are situated in Vancouver and in Kelowna in the Okanagan Valley...

. Mr. Calder was an hereditary chief of the House of Wisinxbiltkw from the Killerwhale Tribe
Gispwudwada
The Gispwudwada is the name for the Killerwhale "clan" in the language of the Tsimshian nation of British Columbia, Canada, and southeast Alaska. It is considered analogous or identical to the Gisgahaast clan in British Columbia's Gitksan nation and the Gisk'ahaast/Gisk'aast Tribe of the Nisga'a...

. He died November 4th, 2006 at an assisted-living home in Victoria from the effects of cancer and recent abdominal surgery.

Political career

In the 1949 British Columbia election
British Columbia general election, 1949
The British Columbia general election of 1949 was the 22nd general election in the Province of British Columbia, Canada. It was held to elect members of the Legislative Assembly of British Columbia. The election was called on April 16, 1949, and held on June 15, 1949...

, Calder was elected to the Legislative Assembly of British Columbia
Legislative Assembly of British Columbia
The Legislative Assembly of British Columbia is one of two components of the Parliament of British Columbia, the provincial parliament ....

. He was elected in the riding of Atlin
Atlin (electoral district)
Atlin was a provincial electoral district in the Canadian province of British Columbia. It made its first appearance on the hustings in the 10th provincial general election in 1903 and last appeared in the 34th provincial general election in 1986, after which it was merged with the Skeena riding.-...

  where he continued to serve until 1979. Calder represented BC's Co-operative Commonwealth Federation
Co-operative Commonwealth Federation
The Co-operative Commonwealth Federation was a Canadian political party founded in 1932 in Calgary, Alberta, by a number of socialist, farm, co-operative and labour groups, and the League for Social Reconstruction...

 (which later became the New Democratic Party of British Columbia
New Democratic Party of British Columbia
The New Democratic Party of British Columbia is a social-democratic political party in British Columbia, Canada. The party currently forms the official opposition to the governing British Columbia Liberal Party following the 2009 provincial election in British Columbia.The BC NDP is the provincial...

).

Calder was appointed cabinet member in Dave Barrett
Dave Barrett
David Barrett, OC , commonly known as Dave Barrett, is a retired politician and social worker in British Columbia, Canada...

's government in 1972 and became BC's first aboriginal cabinet minister. In 1973, police found him in a consensual situation involving a female companion, alcohol and a car parked in an intersection. He was arrested but not charged and was fired from cabinet. In 1974 he was defeated by James Gosnell in his bid to be re-elected as president of the Nisga'a Tribal Council.

In 1975, Calder crossed the floor to join the Social Credit Party of British Columbia and was re-elected. In 1979, however, Calder lost his seat to the NDP candidate by a single vote.

Fighting for treaty rights

Calder is famous for the court case titled "Calder vs. Attorney General of British Columbia
Calder v. British Columbia (Attorney General)
Calder v. British Columbia [1973] S.C.R. 313, [1973] 4 W.W.R. 1 was a decision by the Supreme Court of Canada. It was the first time that Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law.In...

", which was argued by Tom Berger. By appealing the case all the way to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

, Calder established that Aboriginal title
Aboriginal title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism...

 exists in modern Canadian law. This decision had national and international reverberations. In addition, it was the basis of BC's Nisga'a treaty.

Before the Calder Case, there was no clear process for negotiating Canadian land claim settlements. Calder clarified which lands were negotiable (40% of Canada's land mass) and which were not. After the case, Canada developed a land claim policy to guide negotiations. He continued to fight for Nisga's treat rights as recently as 2000.

Calder founded the Nisga'a Tribal Council
Nisga'a Tribal Council
The Nisga'a Tribal Council was the governing coalition of the band governments of the Nisga'a people. It replaced by the Nisga'a Lisims Government as the result of the signing of the Nisga'a Treaty with Canada and British Columbia....

, the first tribal council established in B.C. Calder was its president for 20 years until 1974.

Honours

  • 1987 - Made an Officer of the Order of Canada
    Order of Canada
    The Order of Canada is a Canadian national order, admission into which is, within the system of orders, decorations, and medals of Canada, the second highest honour for merit...

    .
  • Awarded the Aboriginal Order of Canada.
  • 1996 - National Aboriginal Achievement Award http://www.naaf.ca/html/f_calder_e.html
  • 2004 - Awarded the Order of British Columbia
    Order of British Columbia
    The Order of British Columbia is a civilian honour for merit in the Canadian province of British Columbia. Instituted in 1989 by Lieutenant Governor David Lam, on the advice of the Cabinet under Premier Bill Vander Zalm, the order is administered by the Governor-in-Council and is intended to honour...

    .

External links


External links

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