08/10/2026
During his testimony, Hattakumex (Bazil Michell) was asked who government should speak with when dealing with Wet’suwet’en territories.
Speaking about Hattakumex territory, he explained:
“If the government wanted to talk about my territory they would talk to myself and Josephine as well as the elected chief, Dan Michell, and the church chief, Pat Namox.”
When asked whether the same approach applied throughout Wet’suwet’en territories, Hattakumex was clear:
“It’s the hereditary chiefs who own the territory that should be spoken to first regarding the lands.”
His evidence did not say that elected leadership had no role. He said the elected chief could be included in the discussion. However, elected leadership could not replace the hereditary chiefs and family members who held the names, authority, knowledge and responsibilities connected to the territories.
Hattakumex also testified that decisions about his territory belonged to him and his sister, Josephine:
“If it was to be that way then Josephine and myself should have the first and final say as to how the land should be handled.”
Hattakumex’s evidence showed that Wet’suwet’en territorial authority was held through the hereditary system. It came from the hereditary names, houses, clans, feasts and responsibilities to care for the territories—not from provincial trapline registration or the elected band council system.
Governments cannot rely only on consultation with an elected council when decisions affect Wet’suwet’en house territories. Elected leadership may be included, but it cannot be used to bypass or replace the proper hereditary chiefs and house members responsible for the land.
As Hattakumex stated:
“It’s the hereditary chiefs who own the territory that should be spoken to first regarding the lands.”
Source: Commission Evidence of Bazil and Josephine Michell, Volume III, May 15–16, 1986, Moricetown, B.C., transcript pp. 3-113–3-114; *Delgamuukw, also known as Albert Tait, et al. v. Her Majesty the Queen in Right of the Province of British Columbia and the Attorney General of Canada*, Supreme Court of British Columbia, Smithers Registry, No. 0834.