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Nesika: The Voice of B.C. Indians -- January/February 1977
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Nesika: The Voice of B.C. Indians -- January/February 1977
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1.06-01.02 Nesika: The Voice of BC Indians
1.06.-01 Newsletters and bulletins sub-series
Date
January 1976
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english
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1.06-01.02-07.01
pages
20
Table Of Contents
INSET]West Coast
Votes to Prepare
Land Claims
Position
page 9
[INSET] "Constitution" for
Haida Nation Stirs
Angry Response
page 17
[INSET] Hat Creek Project
Threatens Indians
and Environment
pages 6,7,8
Bad News in
Good Hope Lake
pages,11,12,13
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Robert Skelly
Archie Charles
Ralph Hamilton
Bill Webber
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Skip to main content UBCIC Libary & Archives Navigation menu Search site User menu Syr Reifsteck Edit user Logout ____________________ (BUTTON) Advanced options (BUTTON) Search Resource type (*) Items ( ) Item sets ( ) Media * Sites Resources * Items + Media * Item sets * Vocabularies * Resource templates * Contributions * Thesaurus Admin * Users * Modules * Jobs * Settings * Assets * Logs Modules * Search manager * Bulk Export + Dashboard + Past Exports * CSV Import + Import + Past Imports * Create missing thumbnails * Custom Vocab * Deduplicate * Easy Admin + Checks and fixes + Install addons + Upload files * Folksonomy + Tags + Taggings * History logs * Inverse Properties * Item Set Party * Item Sets Tree * Analytics * Statistics ItemsNesika: The Voice of B.C. Indians -- January/February 1977 Edit item <^> * Metadata * Linked resources * Contributions * Tags Class Periodical Title (Dublin Core) Nesika: The Voice of B.C. Indians -- January/February 1977 Is Part Of (Dublin Core) 1.06-01.02 Nesika: The Voice of BC Indians 1.06.-01 Newsletters and bulletins sub-series Date (Dublin Core) January 1976 Creator (Dublin Core) UBCIC Communications Department Language (Dublin Core) english Identifier (Dublin Core) 1.06-01.02-07.01 pages (Bibliographic Ontology) 20 Table Of Contents (Dublin Core) INSET]West Coast Votes to Prepare Land Claims Position page 9 [INSET] "Constitution" for Haida Nation Stirs Angry Response page 17 [INSET] Hat Creek Project Threatens Indians and Environment pages 6,7,8 Bad News in Good Hope Lake pages,11,12,13 Contributor (Dublin Core) Robert Skelly Archie Charles Ralph Hamilton Bill Webber Type (Dublin Core) periodical Filter by resource type and property: [Items: All______________] ____ of 1 1–8 of 8 CAPTION: Items with "Related materials: Nesika: The Voice of B.C. Indians -- January/February 1977" Title Class Hat Creek Project Image Hat Creek Project Image Hat Creek Project Image Hat Creek Project Image Hat Creek Project Image Hat Creek Project Image Hat Creek Project Image Hat Creek Project Image ID 14115 Visibility Public Item sets Textual Materials Nesika Sites UBCIC Library and Archives UBCIC Periodicals Sites UBCIC Library and Archives UBCIC Periodicals Created Nov 23, 2023 Owner Syr Reifsteck Media (1) Periodicals/1.06-01.02-07.01.pdf Export * csv * json * tsv Derivative files * Text from pdf as xml History Log Updated on Aug 27, 2024 by Syr Reifsteck 2 events There are no contributions for this resource. There are no tags for this resource. New Tags ____________________ (submit) Tag it! Omeka S version 4.1.0 System information User manual Support forums published by the UNITED NATIVE NATIONS January/February 1977 West Coast Votes to Prepare Land Claims Position page 9 ‘*Constitution’’ for! Haida Nation Stirs Angry Response Second Class Mail Registration # 3025 £2 _ 138 fet | oie § <3 5 fey | 2 E me 2 — |Z i ie =| 22 a C=] 2 33 Sr. - a oF — ea £E s8e a os - 3 =o 4 =e <4285 33 £7 e= 52 “Se6 a] hl oy =a #22. _ Se ae ake mu - — ee oe Sign on the padlocked UNN hall: ‘‘not to be used without |white| permission." Bad News in Good Hope Lake pages 11,12,13 abrador Indians, Inuit Two native Organizations, represen: ting the Indian and Inuit people of Labrador, Newfoundland, are now fighting to have Parliament amend Bill L-9, to protect their rights from being extinguished as a result of the legali- zation of the James Bay Final Agree- ment. Bill C-9 has been introduced for second reading (approval-in-principle) and is now being studied by the Standing Committee on Indian Affairs in the House of Commons for possible amendments. Judging by the treal- ment of some native groups appearing before the Committee, however, and judging by the attitude and majority of the Liberals on the Committee and in Parliament, it appears doubtful that any amendments will be allowed. Representatives of the Naskapi Mo- ntagnais Innu Association of Labrador (NMIAL), and the Labrador Inuit Association (LIA) appeared before the Standing Committee on Feb. 10th, to argue their case for having an amend- ment made on Bill C-9 that would protect them from having their rights extinguished to lands in the province of Quebec thal are covered by the James Bay Final Agreement. The NMIAL is made up of 250 Naskapi Indians based at Davis Inlet on the northern coast of Labrador, and O00 Naskapi and Montagnais Indians based at Northwest River, Labrador. The LIA represents the Inuit villages of Nain, Hopedale, Postville, Makko- vik, and Rigolet on the coast of Labrador. The 800 Indian and 2,000 Inuit people, represented by the NMIAL and the LEA, still live very much as their ancestors did, with their lives centering around the annual caribou hunts and the work on the traplines which extend far into Quebec, (About “T guess that the only thing that was{ Yleft out of the bill § hwas perhapsthe 4 i extinguishment of § ;the migration of sthe caribou. ”’ - Dr. Holmes, M.P., Conservative 4 = critic on Indian Affairs 400 of th tion of 2,000 are male hunters.) The entire Quebec-Labrador penin- sula isa very flat land with many lakes and slow-moving rivers, making travel by canoe in the summer and by snowshoe in the winler, very easy over long distances in any direction, A brief presented to the Standing e total Labrador Inuit popula- Fight James Bay Deal Committee by the NMIAL states that “the Indians of Labrador have tradi- tionally hunted over and occupied most of the Quebec-Labrador peninsu- la.” The Naskapi people from Labra- dor are closely related to the Naskapis al Schefferville, Quebec, and the two groups share the caribou and fish of the middle and upper George River area in Quebec. The brief notes that the Naskapi continue to hunt in northern Quebec and “in fact, a westward movement of the caribou has occurred this winter, and at this very moment, Davis Inlet Naskapi Indians are hunting caribou in their traditional lands in the upper George River drainage area.” The LIA notes that the Inuit of Labrador are also closely related to the Inuit of northern Quebec, and that “they just happen to be divided by a political boundary which does not have any relationship to the movement of the caribou.” The Indians and Inuit of Labrador “do not live on reserves, have never signed any treaties, nor have they ceded any lands to any government, agences or individuals,”* Despite the foregoing, lawyer Doug Sanders, who is acting for the Naska- pis, states that “the territorial rights inf Quebec of thé Naskapi Indians of Davis Inlet are to be expropriated by Bill C-9 without consent, without continued on page 14 LAND CLAIMS BOOKS FOR SALE - SUPPORT THE NESIKA oe THE STRUGGLE CONTINUES (Land Claims Information Booklet) Prepared by the Church Support Group and the Unien of B.C, Indian Chie ts. 120) pape paperback, $2.00 same of the mimeographed pages are a little faint, but the eyestrain is well worth the effort. Joseph Trutch and the Indian Lanel Policy fhe Nashgea Petition of ht Gur Homes Are Bleeding excerpts from this book on the cut-off lands. fhe White and Bob Case - The Supreme Court decision NIB. Statement on Aboriginal Title The Supreme Court Nishga Decision by Doug Saunders Federal Policy Statement on Aborigi- nal Claims, 1973 WHO OWNS CANADA? ABORIGINAL TITLE AND CANADIAN COURTS by William Badcock, published by the CASNP SH page paperback, $1.50 He begins with Columbus, and continues with the different eoncep ts of land ownership and the doctrine of discwery, and moves through the Proclamation of 1763, and some deci- sions by the U.S. Supreme Court, The major part of his work is the section dealing with Canadian court decisions, beginning with the St. Catherine’s Milling Case in 1887, and concluding with the decision in the Nishga Case ea THE MACKENZIE VALLEY: NATIVE LAND CLAIMS AND CORPORATE GROWTH by Roger Rolfe of Oxfam Canada 6 pages, panerback pamphlet, 50 cents reprinted by the Development Eduea- tion Centre In relating what happened to the native people of southern Canada since the arrival of the first Europeans, the pamphlet says that “the similarity between the situation of northern native peoples and the situation of native people in the south is all to obvious, What is frightening is that their fate may also be the same.”” Headings in the pamphlet: 1) Vic- tims of Growth 3) The Dene of the Mackenzie Valley 3) Northwest Terri- tories’: The Conquest of the Last Frontier 4) Land and Self-Determina- tion: The Dene's Struggle for Survival. Also included is a list of resources for “further reading on the north.” SAAC OE THE HISTORY WE LIVE WITH by Doug Sanders and the Victoria Indian Cultural Centre 24 page paperback, $1.00 The text is based on a talk given by Doug Saunders, a lawyer who has worked on land claims for B.C, Indians for a number of years. The booklet was put together and printed by the Victoria Indian Cultural Centre, The booklet includes several general aféas of discussion: the first treaties, how British Columbia and the federal government handled the problem, the “cut-off lands issue, inter-tribal organization, the Nishga claim, and the breaking of promises. 3 PMP VUE POET BeROUEP UTP eeweePEPeN ae essesEeEPee BEYOND CHARITY: TOWARDS DIGNITY Prepared by Mike Lewis and the United Church Support Group reprin- ted by NESIKA.. a small pamphlet, 50 cents. . The pamphlet is meant to be a study guide for understanding the land claims issue, concentrating on |) the historical perspective of the Jand claims 2) some facts of Indian life in Canada 3) the philosophical foundation for the future ~ land, identity, and survival, Rach of the sections makes a statement about the subject. It conta- ins references to written resources, tapes and films for further information on cack section and where they can be obtained, and also asks several ques- tions for discussion, further study and evalualion, . “The land claims issue is both an invilation and a challenge” says the author and he hopes “the study and resource guide will stimulate your acceptance of the invitation and kindle your cunosity to begin meeting the challenge of understanding. ALLIED TRIBES CONFERENCE MINUTES reprinted by VESIKA 143 page paperback, $3.00 NESIKA has reprinted a carbon copy of the verbatim minutes of a meeting held in 1993 between the Executive of the Allied Tribes of B.C, amd the head of the Indian Affairs Department at that time, Dr, Duncan Scott. ' The Allied Tribes, first of all, sought to persuade the federal government's representatives mot to accept the recommendations of the McKenna- McBride Report, and asked instead that their claim based on Native Title be heard, Included in the record is a 20 point statement of “the necessary conditions of equitable setthement’’, Most of the 20 points dealt with hunting, trapping, fishing, and fore- shore rights that the Allied Tribes were asking to be recognized, aa NATIVE RIGHTS IN CANADA Edited by Peter Cummings and Neil Mickenberg . 330 page paperback, $8.95. This book is considered by many to be the authority on the subject of legal rights of the native people in Canada and was prepared mostly by lawyers and legal professors, . Included are sections on: Aboriginal Rights - the origins, theory, legal content of a claim, extinguish- Ment, COM Pen sal teen. . Treaties - their legal nature, interpre- tation. . History of native dealings in - Atlantic provinces, Ontario, Northwest Terri- tories, British Columbia, Yukon and the Prairies. Current Issues - hunting and fishing rights, mineral rights, federal control, U.S. Indian Claims Commission, Alas- ka Settlement. There are also 80 pages of documents, reports, and references. . 2 January/February 1977 NESIKA NATIVE LAND CLAIMS IN BRITISH COLUMBIA: AN INTRODUCTION A teacher's manual prepared by Target Canada, a research and prejee- tion group. IIA pages, paperback, $5.0). The manual was prepared as part of a slide-tape presentation to give high school students a general introduction to the subject of B.C. land claims.. The filmstrip, cassette, and a Videotape of the slide-tape show are also available through NESIKA, Chapter headings include: Definitions, Attitudes, Aboriginal Tithe, Colonial Period in B.C. from 1656-1871, B.C. in Confederation.187| 1913, Cut-Off Lands - the McKenna MeBride Commission 1913-1916, Tre- aly #8, Nisha Land Claims, Organized Tribal Activities, Road Blocks and accupations, Land Claims and the Church, Recent history of federal and provincial government positions, . THE DENE Prepared by Hugh and Karme! McCullum and Project North, publi- shed by the Indian Brotherhood of the NWT, 16 page paperback, $1.00 This illustrated booklet was pre- pared to promote the presentation of the Dene claim made to the Federal Government in October 1976, but also provides people from the South with a good general background of the Dene people in the NWT, the history of the Dene to come together into a united Nation; and a section dealing with their hopes to get a caveat filed on their lands in the Mackenzie Valley. NATIVE PEOPLE IN AREAS OF INTERNAL NATIONAL EXPANSION by Doug Sanders 3] pages, pamphlet, 75 cents reprinted from the Saskatchewan Law Review by the Development Education Centre “The purpose of this paper is to attempt a general analysis within which these geographically separated events (the Bennett Dam, the Bighorn Dam, the James Bay project, the Nooding of Southern Indian Lake, the exploration and resource development in the Arctic, and the Mackenzie Valley pipeline) can be understood. The focus is mot on energy needs, economic nationaliam, or the protec: tion of the environment; issues which clearly are raised by some of the projects. The concern of this paper is with the legal issues raised by the presence of native people in the areas where the projects will be undertak- en, AAA aa THIS LAND IS NOT FOR SALE by Hugh and Karmel McCallum 210 page paperback, $3.95 Four contemporary land claims are discussed in detail - the Yukon, Northern Manitoba, Northwest B.C., and the Northwest Territories, an entire chapter is devoted to an examination of two recent land settle- ments - Alaska and James Bay - and an explanation of why native groups across Canada insist that the earlier agreements not be used as proedents for further settlements. After all the oil company Promotional material, the book is a needed change. AS LONG AS THIS LAND SHALL LAST by Hen Funoleau, OM] 415 page paperback, $5.95 An Oblate missionary has produced one of the moat Santalls documented stories of the life of the Indian People of the Mackenzie Valley in the Northwest Territories, Fr, Rene Fumo- leau started out to prepare a “modes! paper"’ on the significance of two Indian treaties signed in LBOO and 1920), Furioleau spent many hours inter- viewing old people who remembered the early treaty parties, and became the star witness before Mr. Justice William Morrow in a caveat action asking the courts to designate the 450,000 square miles as having "prior interest” for the natives. Morrow ruled they did, and it was the evidence of Rene Fumoleau which helped convince the Judge that the natives of the NWT had aboriginal rights predat- ing the spurious treaties, It became the basis for a precedent “sc ting court decision and provides a chilling lesson in the chicanery and insensitivity of the white government of that day which employed any methed to obtain signatures on a document which no native - and few whites - could comprehend. But this is no dry legal treatise. It rads more like a tale of a forgotten people and land who have suddenly become headline news. Thoughtful, unbiased, clear, it is a major work for thase who would care to understand the just aspirations of the natives of northern Canada, ‘from a Toreate Star review DO IT NOW! 4201-1451 West Broadway Vancouver, B.C. V6H 1H6 Please enter my subscription to NESIKA Return to; NESIKA It’s Not OK NESIKA: In a recent VWES/IKA article on the proposed Kitimat-Edmonton oil pipe- line you stated that “the pipeline scheme seems to be OK with NDP Leader Dave Barrett,” This presumption was apparently based on Mr, Barrett's statement that the NDP, if government, would insist on 15% of the pipeline oil as a tax in hind, and would also give communities along the route the right to tax the pipeline for local revenue. 1 would like to point out that al no ume has Mr. Barrett ever said the pipeline was ““OK" with him. In fact, he has publicly criticized the proposal. Speaking in Cranbrook October 26, 1976, he said that B.C. would be getting the shortend of the stick if the pipeline went through and listed a number of reasons for this - risk of major oil disaster on our coastline, no permanent jobs from the pipeline, prices driven up in the north, ete, The Financial Post (October 30,1976) comparing Mr, Barrett's altiiude to Premier Bennett's on the pipeline proposal has this to say? “Rarrett, however, opposes the pipe- ‘line, believing that the boom-hust impact of construction would Aave adverse social impact on the commu- nies along the route. In any other province the Leader of the Opposition would be able to do little more than ermicize the proposal, But Barrett hes an additional weapon in his arsenal: the fear among business circles that Barrett could be Premier again one day." (referring to the 15% tax proposal). As environment critic for the NDP, | have called upon the government to take an unequivocal stand in opposi- tion to the supertanker route, as the Kitimat pipeline preposal threatens the environment of the whole northern and central coast of the province and of Vancouver Island, (see Hansard Janu- ary 18, 1977). Robert E. Skelly M.L.A., Alberni Victoria Funding Delayed NESIKA: Enclosed is an “Open Letter to the Minister of Indian Affairs’’ that we would ask you to print in VESIKA, As you may know, Coqualeetza is a Cultural Centre that depends on federal cultural dollars allocated by Treasury Board, through the Depart- ment of Indian Affairs, to provide cultural and training services to Indian members in B.C, According to the Treasury Board guidelines, upon meeting certain cri- teria these dollars are to be released routinely, on a quarterly basis, to Cultural Centres by the Department of Indian Affairs. We have met the criteria, but have been faced with constant cutbacks and delays in reeeiv- ing our cultural funds. We have written numerous letters, but other than the standard (reply) from his special assistant, and absolutely noth- ing from the civil servants of DIA, nothing has happened. The Department of Indian Affairs is a huge machine that has become ineffective because of its bureaucracy. It spends vast sums of money on public relations to tell the general public of all it is doing for the Indian people, but only those of us on the receiving end of some of these services know how hard it is to extract sufficient money (money that has already been allocated by Treasury Board) to carry out some of the programs that are glorified thro- ugh government public relations. Many of your readers are no doubt familiar with this type of runaround, and this will let them know they are not alone in their struggle. AN OPEN LETTER TO THE MINIS- TER OF INDIAN AFFAIRS: Since December 17, 1976 we have wrillen Lo you seven limes regarding matters of the utmost importance to the survival and functions of the Coqualeetza Education Training Cen- Ire. Because of the subject matter of these letters, we are shocked at the performance of vour staff who are withholding the pertinent information from you. lt is our hope that you will read this open letter, and request) from your Special Assistant that our correspon- dence be brought to your attention immediately, and that action be taken. We have received one letter dated February 10, 1977 stating "at the earliest opportunity, your correspon- dence will be brought to the Minister's altention™”, signed by your Special Assistant, “Earliest opportunity’ is a luxury called time. Based on our past experience with your Department, time is a luxury neither of us can afford. And we no longer accept it as an Excuse, Chief Archie Charles Chairman, Coqualeetza Board of Directors Sardis No Yukon ARDA gg a gay NESIKA: For the past five years, the Yukon Association of Non Status Indians has been trying to get the Department of Indian Affairs and Northern Develop- ment and the Government of the Yukon Territory to recognize the requirement and establish programs to meet special needs of native people. We have not had much success. Indeed, the Federal Government and the Territorial Government have ste- adfastly refused to allow programs such as the Special A.R.D.A. program to operate in the Yukon Territory, This has been the situation even though that program has operated in the provinces for the past five years and provides opportunity so native people can undertake self-help projects. Ma- ny provinces also have their own special funding programs to assist Metis and Non Status Indians, but such programs are rejected by the Yukon Territorial Government. We believe that native people in the south should know that this iniquitous situation exists in Canada. We enclose also our most recent letter to Warren Allmand. That letter reads in part: that if is not unreasonable for us to press for federal programs in the Yukon that are al least equal to those available to native people in the provinces. Now that you are the Minister responsible for northern development, would you please ask your officials or cabinet colleagues the question: “why does it take so long to get positive action on this reasonable request?'’ Fe would appreciate knowing the answer. Bill Webber President, ¥.A.N.5.1. Whitehorse "Black — Ane We are angry and disgusted, is putting it mildly, in our feelings on the deportation of Brother Leonard - from the subtle, cunning, conniving with the FBI and USA authorities, the gutless, vicious role of puppets. And how some of these creatures will get up and bellow out “Oh Canada”, and they would have us believe their noise-making, Christian, democratic, freedom-loving, ete, ete. Oh hell, | am absolutely disgusted - til the next round, What is happening to Brother Frank Black Horse? lt is important we know as soon and as much about what is happening to _ our oppressed Brothers and Sisters as possible, Solidarity in 1977 Ralph Hamilton Vancouver Editor's Note: Frank Black Horse was arrested aong with Leonard Peltier on Feb. 6, 1976 and has been held in isolation at the Fort Saskatchewan Penitentiary ever since. He was an active AIM member and is wanted by the Ameri- can authorities for several charges - attempted murder, assault, conspira- ey. Al the time of his arrest, he was charged with possession of marijuana - and was convicted of the charge last year. He has appealed the conviction and the appeal will be heard from Feb. 28 to March 4 in Edmonton, If the conviction is upkeld, he will be deported to the U.S, as an undesirable alien. If Black Horse wins the appeal, he faces a charge in Alberta of escaping lawful custedy and possible deportation, Ifhe is found not guilty of all charges in Canada, then the American authorities may begin ext- radition proceedings against him simt- lar to those carried out against Leonard Peltier. **Justice’’ Stinks AN OPEN LETTER TO OAKALLA PRISON AUTHORITIES: | The apparent ease with which prisoners in your charge have recently been escaping from your institution underlines and makes a further joke of the lies which you released to the news media after Leonard Peltier was extradited to the U.S. Neither Leonard nor his Defence Committee ever planned any of the bizarre so-called “escape plans”. As I told you, Mr. Bjarnson, in our tele- phone conversation on December 22nd, all those “escape plota’’ were fasioned in your sick litthe minds, and you did it under orders from your bosses, the American FBI You were asked to tell these lies and you complied in an altempt to prevent a fair hearing into the question of bail for my brother Leonard, a man who has never been convicted of any crime, but has spent almost one solid year in solitary confinement prison cells. Leonard only learned of your outra- geous lies about him two weeks ago. He asks as well he should, "Why wasn't | charged, before one of Qakalla's kangaroo courts, while | was there if these things were happen- ing?’ Even Leonard's lawyers were unaware of your plot to discredit him, | have sent them copies of all the hysterical media coverage which | hope they will use to show the truth about Leonard's Canadian jailers, the bias of the Canadian. news media against Leonard and the general stench of Canadian “‘justice’’. Each new escape causes us to laugh at the thought of your embarrassed liars’ faces. If Leonard had ever really wanted to escape, who could have stopped him? Obviously, not you, Oakalla. Donna Tyndall Courtenay Tahltan Agrees NESIRA: [am a Tahltan Indian from Telegr- aph Creek and | definitely agree with the “B.C. Is Indian Land” philosophy. Keep up the struggle! Vera Asp Whitehorse T-SHIRTS HAVE ARRIVED! T-shirts in the above design are now available at the NESIKA office. They come in red, yellow, light blue and black [white lettering) in small, medium, large, and extra large adult sizes; and in small, medium, and large children’s sizes. The cost is $5 each. Please state a second choice of colour in case your first choice Is no longer In stock. NESIKA January/February 1977 3 UBCIC Sets Commission Plan Apparently, the Union of B.C, Indian Chiefs has approved the sug- gested purposes, organization, and budget for an Aboriginal Rights Com- mission, as proposed by George Manuel. lt is understood that the proposal was adopted by the UBCIC in Janu- ary, and that it likely has already been submitted for funding, although this hasn't been confirmed by the UBCIC Spokesman, in spite of repeated efforts. The draft proposal states that the major purpose of the Commission would be to create an “interaction” between Indian and non-Indian inter- ests. It would also perform a research function and develop a “range of policy and program choices"’ for governments and Indian groups. Specifically, the Commission would: 1. “Conduct hearings, listen to representatives and receive briefs on tribal land claims and on other issues concerning native people which are of major interest to Indian and non- Indian communities; 3. “Undertake and co-ordinate re- search, assemble relevant data, inclu- ding completed research, and do analyses which can serve as a basis for future policy planning and pro- gram development by native organiza- N A letter from United Native Nations (UNN) President Bill Wilson was sent ta all Indian Bands, districts, friend- ship centres, and newspapers in B.C, outlining the problems the UNN has had in establishing a relationship with the Union of B.C. Indian Chiefs. The March 3rd letter read in part: “It is our policy that we should co-operate with provincial Indian or- ganizations presently in existence. We have a very good working rela- tionship with the Native Brotherhood and we support the initiatives that the Brotherhood has taken in regard to the aboriginal rights and land claims of Indian people on the coast. We have made various and several at- tempts to co-operate with the Union of B.C. Indian Chiefs without success. “Immediately after the formation of the UNN, we sent a letter to the UBCIC assuring them that we did not see ourselves as being in competition for membership or jurisdiction among the Indian peoples of this province. “It has been our desire from the start to co-operate with the Union and other Indian organizations so that tions and various levels of govern- rent; 4. "Make available to Indian bands and other groups, in print and thro- ugh various media, lucid expositions and interpretations of issues and alternative courses of action, to facili- tate understanding and concensus; ®. "Through exposure and cons- tructive interaction, foster imp: ved relationships between Indian and non- Indian communities; 6. “Identify the major priorities affecting Indian people together with the ways and means in which outstan- ding grievances can be resolved and the current sources of tension allevi- ated.” The proposal suggested “consultation to be followed by negotiation may be the preferred route because it offers an opportunity to air long-standing problems affecting Indians while rec- cognizing the views and interests of B.C. at large.” Regarding the special problems of (‘status’) Indian people, the propo- sal noted that the possibility of Indian people having access to provincial programs may have to be considered and said “those who propose to rationalize an extension of provincial programs to Indians maintain that this is one of the keys to dealing effective- we may all get on with the Aboriginal Rights question and stop fighting internally while the government goes about its business of imposing a settlement upon us. Unfortunately, we have received no reaponse to the first letter and various other letters that we have sent to the UBCIC. “The UBCIC, in fact, has seen fit not to return telephone calls that we have made to them. On two occasions we have attempted to bring all of the existing Indian organizations in the province together for a meeting to discuss our mutual concerns. We have received replies from the Brotherhood and other Indian organizations, but have received no response whatso- ever, or even acknowledgement of our letters, from the UBCIC. “It is not our desire to interfere with. the internal workings of the UBCIC. However, we are concerned with what appears to be a policy of “lt is our policy that the things done in the name of the people at the community level must be done in the apen. The United Native Nations ly with Indian economic and social needs. Many Indian groups, however, are concerned that provincial services ' would prejudice their special status and the constitutional and historical basis for federal responsibility." As for “non status" Indians, the proposal stated that their needs and concerns have to be identified since a “significant number of non status Indians believe that in addition to their relationship to the Province, the Federal Government also has a res- ponsibility for their well-being.” It added that “although many of their problems may require separate atten- tion, it is possible that their issues can be managed effectively and economic- ally in the context of approaches developed for Indian people.” Over a two year period, the Com- mission would hold approximately 144 formal hearings on the average of six per month. The proposal also calls for six field- workers to be hired that would be “loaned’’ to other Indian organiza- tions to help various groups and communities prepare for the hearings. Included in the 19 person Commis- sion staff would be the Commissioner, an Executive Officer, a Research Co- ordinator, a Claims Research Officer, * and a four-person OOMMUNIcations sends all infonmation about Aboriginal Rights and Land Claims to alf Indian people in the province. We do this not because we want to solicit your support, but because we believe that the issues we are discussing are of interest to all people at the communi- ty level. “We believe that if people can get together and share information, then the things that separate us will become minor in comparison to the larger fight we all have to make to guarantee a better place for our children in British Columbia society." FIELDWORKERS While the UNN had planned to have fieldworkers hired in all ten regions in the province by this time, problems with Secretary of State funding has resulted in only seven fieldworkers being hired to date. They can be contacted at: Peace River: Kathy Cardinal, Box 923, Chetwynd, phone TH8-9288. Kamloops: Judy Joe, Box 1, Lower Nicola, phone 378-5603. staff, The Commissioner would be paid $27,000 per year, and the average salary and benefits for all staff, including clerks and typists, would be $19,500. The total budget for the Commis- sion’s work over the two year period would be $1.4 million. The proposal notes that the UBCIC has received $830,000 in funding since 1970-71 for Indian rights re- search, but also suggests that the $1.4 million budget is in line with other similarly federally-funded projects. It notes that the [nuit people received $140,000 in research funding over two years, and that the Berger Inquiry cost the federal government about $2 million and covers a smaller native population in the N.W.T. The proposal suggests that the budget would be a worthwhile invest- ment because in “setting the stage for a negotiated resolution of outstan- ding Indian claims and grievances, the Commission would be incurring significant savings in future court costs, There are many historical examples, moreover, which suggest that an adversary approach to the solution of problems is, in the longer run, an alternative which extracts heavy costs in money, relationships and goodwill.” with UBCIC Kootenay-Okanagan: Charles Chap- man, Box 561, Oliver, phone message at 493-0048. Far North: Louie Quock, Box 100, Good Hope Lake, phone message at Ti8-T411. North Coast: Danny Matthews, Ge- neral Delivery, Prince Rupert, no phone yet. Vanderhoof-Falemont: George Hol- em, 2245 Regent Crescent, Prince George, phone 564-4205. Fort St. James-Hazelton: Lawrence Tom, Box 448, Granisle, no phone yet. : Messages for those fieldworkers who are travelling through their regions, or for those who do not yet have a phone, can be left at the UNN head office: 732-3726, The fieldworkers are to travel ex- tensively throughout their region to. meet with native groups interested in the land claims issue; to organize land claims meetings; to distribute land claims information; and to work for the establishment of Tribal organiza- tions. Brotherhood Makes Progress Since the November convention of the Native Broterhood, the Executive Board seems to be making slow, but steady progress as they seek to crordinate and organize the coastal Indian people around the land claims issue, As of late February, a total of ten bands along the coast had forwarded Band Council Resolutions to the Brotherhood's Vancouver office sup- porting the stand taken at the conven- tion in taking over the coastal land claims from the Union of B.C. Indian Chiefs. The resolutions were similarly wor- ded to the effect that: “whereas the UBCIC has dealt with land claims since 1969 with little or no visible results on the coast; and whereas the Native Brotherhood has historic roots in coastal communities; therefore be it resolved by the —————— Band Council that the Native Brotherhoo be recognized as the co-ordinating body for our land claims development and that the per capita share of core-funding for our band go to the Native Brotherhood." _. The bands that sent in such resolu- tions were for the most part, the larger bands - Nimpkish, Bella Bella, Cape 4 January/February 1977 ~ NESIKA Mudge, Campbell River. 2nd Vice-President Gilbert Cook, and the person heading up the Native Brotherhood’s land claims efforts, states that they have commitments from a number of other bands that similar resolutions will be passed, and he expects to have about 30 such B.C.R."s by the end of April. Based on the strength of the resolution,, the Brotherhood Executive voted at its Feb. lath meeting to submit a funding proposal to the Secretary of State Department. The budget was submitted that same week and is primarily meant to provide funds for organizational meetings to be held along the coast. The Executive has tentatively set April 22nd as the date for the first such meeting, to be held in Vancouver, with representatives of each of the coastal communities. The purpose of the meeting will be to determine the funding, organizational, and structural concerns and priorities of the land claims efforts of the Brotherhood. Gilbert Cook notes that interest is high and “that something is getting accomplished’’. He stresses the fact that the Brotherhood will only be acting as the co-ordinating body to get the community representatives to the meeting and get them talking. It will be up to them to then determine their policies and priorities, he said. Carrier History The following article is excerpted from an interview with University of Alberta anthropologist Doug Hudson that appeared in the January 27th issue of the Northern Times. Hudson has done extensive research for the Carrier people around Stuart Lake on the effect of businesses and trading companies that entered the lands of the Carrier people in the 19th and early 20th centuries, Doug Hudson (DH) was interviewed by Jeff Marvin of Northwest Commu- nity College for the Nerthern Times. (NT). NT: At what point did the Hudson's Bay Co, turn from a borderline operation in the north to a profitable operation? DH: This shift came around the middle of the last century when the supply routes changed. In 182] when the Hudson's Bay took over the Northwest Co.'s operations, they changed the supply route, and there was a tremen- dous search to find a route from the coast. For some time goods were brought up the Columbia River sys- tem, up the Qkanagan, overland from the Kamloops area, and up to this region, which was cheaper than bring- ing goods from eastern Canada. Then, during the transfer of Oregon to the United States in the 1840's , they had to explore up the Fraser River system to find an overland route. But there was a beginning of profitability then. New Caledonia, as this district was called, was always seen as a profitable area because of its tremendous fur resource, The problem was to get goods in cheaply and buy furs cheaply. The most well-integrated transportation network of “‘goods in and pelts out" was the use of steamboats up the Fraser River - and up the Skeena River towards the end of the 1600's. NT: Fou mentioned in your lecture that this hed an adverse effect on the Indian labour force. DH: It seems to me that many of the operations in the interior were run by Indians. There was a scow operating on Tako Lake in the late 1800's, and there were Indian canoemen who used to freight goods up the Skeena. This whole business enterprise of the Skeena was eliminated by the intro- duction of steamboats. There was a market, though, for Indian labour packing supplies, because the supply route came through Hazelton overland to Babine, and the Indian people sold their labour as packers. There was expansion of the market during the Cariboo Gold Rush of the 1650's and 60's, but especially up here in the Omineca Gold Rush of the 1870's, and the people filling the demand for labour were Indian people. We often think of trading relation- ships as involving cash ... | don’t think cash really entered the economy of this area until about 1860. That was the result of the miners from the Cariboo Gold Rush, and trappers and freetra- ders, coming into the area and demanding services and goods in cash - 30 that we're no longer dealing with a straight barter system. NT: Uf the people were used to the social contact of trading, cash was an immediate form of exchange and must have had some effect on their relation- ship with other people, DH: It’s very difficult to read into the literature just what the impact was. a Daniel Ska-Will [Big Wings] - a hunter from the Hazelton area, demonstrates how Reviewed Indian people came to use their skills to supply the Hudson's Bay Company. = gc. Provincial Museum photo One very obvious effect was that it gave people several options where to buy: they could obtain money for furs now instead of goods in kind, and could go either to the post at Fort St, James or down to Quesnel. NT: You mentioned that it took about 100 years for the Hudson's Bay to convert the Indian economic system to its own ends whereby the Indian would be a trapper primarily serving the Hudson's Bay. What was the end of that process? The I00 years would have taken them to somewhere about the 1920's - at that point what was left of the original patierns of Indian irading? = * DH: During the early 1900's, there was tremendous expansion of the canning industry on the coast, and a lot of Indian people used to work in the canneries, 90 the interaction between coastal and Indian people probably was on the increase - but due more to canneries than the elaboration of old trade networks, so it was a totally different economic phenomenon. NT: Last night in your lecture you mentioned that the RCMP were active in this pertod.... DH; The history of that relationship goes back to the late 1800's when the federal and provincial governments were beginning to expand their juris- diction into the northern interior, and set up reserves for Indian people. Many of the Indian people, expecially on the Nass and Skeena Rivers, refused to have anything to do with the surveyors who came to lay out the reserves. This situation went well into the 1920's. li’s my understanding that the RCMP as the national police force had its jurisdiction extended to cover British Columbia around 1920. From reading the reports that have been published, it seems that the posts were set up in areas of high Indian concentration in the interior, and that some of their main duties seem to have been protecting the surveyors who were laying oul some of these unwan- ted reserves. They were also enforcing provisions under the Indian Act: the most obnoxious of which was the law which banned potlatches and other ceremo- nial activities from 1884 until the revision of the Indian Act in 1951. It was during the 1920's and 30's that the people were arrested for potlatching, for practicing witchcraft, There was an example about 1930 of a fellow around Moricetown arrested for practicing witchcraft. Actually it was a curing ceremony that involved chants and beads and ceremonial paraphenalia. | think the person got well, but that's besides the point! An RCMP officer working in the interior in the 1920's and 30's would be primarily concerned with enforcing provisions under the Indian Act. If you take the total case load of the RCMP, and the total of that case load involving the Indian Act, it seems that for a few years the main load - about 60% in some years, and 40% in others - was providing services under the Act. NT: [f one wanted to draw a political lesson from that, one could say that the RCMP was acting almost as a colonial force? DH: Right. As an extension of govern- ment policy of the Indian Affairs Department. Possible we could mea- sure the present hostility to the RCMP as having its roots in this relationship of the 20's and 30's when they were actively interfering in Indian culture. NT: The picture then, is different from that which your average grade 7 or 8 student would get from a textbook: it's a picture of European business enter- ing the area, disrupting Indian trading and social patierns, actively using the police force to enforce provisions of the Indian Act that would result im the decline of Indian culture. Obviously Indian people can not go back to a hunting and trapping existence. Does industry offer any alternatives? DH: I would say, yes, industry does offer alternatives, but these are labour alternatives, to work at whatever job one chooses. But my feeling is that the land issue is the crucial one. The labour one - jobs and so forth « is secondary to the main issue. Land is always being used as a means of producing wealth: 100 years ago, pelts and fish and game. It’s Indian land - and today the land the Indian people claim is being used to produce wealth through mineral and forest activities, but the Indian people themselves have not been able to derive benefit from that. NT: Fer af one time the Indian people could derive maximum benefit from the land. Obviously the resource base has been changed, and so has Indian fife. DH: Yes, there were a couple of events that occurred around the turn of the century that transformed the resource base of the central interior. In the late 1800's and early 1900's there was a concentrated effort by cannery opera- tors to persuade the federal and provincial governments to ban the use of weirs by Indians in upriver streams where there were salmon spawning areas. Now, for thousands of years, Indian people have been using weirs, which are fence-like arrangements across salmon streams to capture salmon. But around the turn of the century, with the proliferation of canneries on the coast, there was a crisis point reached in the number of salmon that were actually getting up lo the spawning grounds, and the canne- ry operators blamed the decline on use of weirs. So there was an effort by the various levels of government to elimi- nate weirs on the upper Skeena and upper Fraser drainage systems. In 1904, for example, there was an edict that the weirs could no longer be used in the Skeena system. In 1905, a fisheries officer made a tour through the Babine Lake area and destroyed 6 continued on next page NESIKA January; February 1977 5 Go-Ahead Nears 1 fo or Giant A cloud is slowly setting over the residents of the Hat Creek Valley as the plans for a giant coal-burning hydro scheme slowly take shape and inch closer to reality. That cloud exists right now in the minds of the people living in the south central interior ' valley; a cloud sown with fear, doubt, suspicion, and cold anger. The clouds that will begin appearing over the valley when the enormous project that B.C. Hydro is “studying” actually begins operations in 1983 will be made up of more than just doubt and suspicion, and they will give plenty of reason to be fearful and angry. Those clouds will be full of coal dust from the open pil mining opera- tions that will leave a permanent scar covering four square miles and cutting one-quarter mile deep in the earth's surface. Those clouds will be full of road dust from the constant traffic into and out of the project site. Those clouds will be full of noise from the heavy trucks and earth-moving equip- ment operating al the site and moving into and out of the valley, And once the generating plant begins burning 40,- OO}“f tons of coal per day, those clouds will be full of sulphur dioxide, nitrogen dioxide, and millions of bits of floating ash. The quiet, peaceful, and unpolluted nature of the valley will be forever changed: the land searred from the mining operations, the plant and animal life stunted or removed. But the 2,000 megawatt (Mw) plant that Hydro is studying is just the foot in the door as far as the changes and development that will take place in the homelands of the Lillooet-Thompson people, Although Hydro is making plans for a 2,000 Mw plant, they are also considering the possibility of more than doubling the output of the plant to 3,000 Mw “with a proportional increase in the amount of coal mined.” Since there is enough coal to power a 5,000 Mw plant, Hydro is thinking of expanding the plant to that size by 1988. Studies are now underway to evalu- ate “all possible commercial uses of Hat Creek coal and to vindicate the potential for the development of enon 1 * hy % \. f ee ae : ; wit i by ae ‘a ™ r thao k . a i a i ant = ~alt = Ej 1. “iad secondary industry in the province based on this resource.” One such secondary industry is the establish- ment of an aluminum smelter and rolling mill using the 11,000 tons of ash that will be produced from the plant each day. A process is being developed that will turn the ash into . alumina, @ major ingredient in the manufacture of aluminum. As B.C. Hydro gets inches closer and closer to the point of publicly announcing their intention to go ahead with the project, they are sending their own clouds over the area and the’ residents. These clouds, unlike the actual clouds that the project will produce, are full of sugar-coated words, mild phrases, and promises of the blessings that the project will bring. An inch-thick proliant wendy of ase tn ~ i ee, =a a ject, that Hydro is planning to have in full operation by the mid-1980's, The government has been aware of the rich coal deposits lying just under the surface of the Hat Creek Valley for 100 years. B.C. Hydro is now planning to mine the coal and burn it in a process that will produce huge amou- nts of electricity, and a great deal of amoke, ash, and heat, in a 2,000 Mw thermal generating plant. Hydro already holds coal licenses to 31 square miles of land in the Hat Creek Valley, and in August, 1974, it commissioned a research firm to investigate the “combined environ- mental, social, and economic effects of the construction and operation of a 2,000 Mw conventional thermal gene- rating plant and its associated coal mining operations located at or in the vicinity of B.C. Hydro's Hat Creek coal ‘ ‘If the people i in Vancouver want hydro so bad, let them truck the coal down to Vancouver and burn it there and let them choke on it. the environmental impact of the Hat Creek project was completed in Au- gust 1975 and outlines the major plans for the development. AYDRO'S PRELIMINARY STUDY REPORT B.C. Hydro states that electrical energy use over the 20 year period from 1953 to 1973 increased al an average annual rate of 11%, and is predicting that although the average annual increase will drop to about 6.6%, by the year 1900, the need for electrical energy will be four times as great as it is now. Based on those figures, then, B.C. Hydro is planning to meet the “anticipated demand” by building several new major generating Slatrons. The Hat Creek project is just one of a number of power projects, including the MacGregor River Diversion pro- 6 January/February 1977 NESIKA - Bob Fancn; Oregon Jack Band Chief deposit. The earliest in-service for a plant at this site would be early in POR," Finished a year later, the study draws several conclusions that encou- rage the building of the project and also points out several areas requiring further study. However, the study also raises many as-yet unanswered ques- tions on what B.C. Hydro and the government intend to do regarding some of the special problems and irreversible changes that will occur if the project goes ahead as planned. Project Deseription: The heart of the project lies buried in the enormous coal deposits mid-way between Ashcroft and Lillooet in the upper Hat Creek Valley. Hydro figures show that there are two giant deposits in the valley, although the study report only dealt with the #1 deposit at the north end of the valley. That deposit is estimated to hold about 480 million tons of coal which Hydro says is lg, PMs i ee will B.C. Hydro's dream of a monster coal- bacihig hydro plant become the lndlen people's nightmare? enough to fuel a 2,000 Mw plant for at least 35 years. Further up the valley, however, is another coal deposit which Hydro estimates is three times the size of the #1 deposit, making the estimated total of the deposits to be 2 billion tons. Estimating from the size of these deposits, B.C, Hydro Chairman Robert Bonner is reported to have said that there is an inferred reserve of 15 billion tons of coal at Hat Creek, making it possibly the “largest coal deposit of its kind in the world". Mining the rich coal seams (one of them 1,600 feet thick) would be done by the open pil method with the use of heavy machinery. That method would require the removal of 323 million tons of sand, gravel, and topsail (called the overburden) from just the #1 deposit. It would also result in the removal of 782 million tons of waste rock. Since all the mining work would involve using heavy machinery, only about 20 of the projected 290 jobs in the mining operations would be for unskilled labourers. After 35 years of mining, there would be a permanent open pil covering up to 4 square miles running one-quarter mile deep on the site of the #1 deposit. The small mountains of waste rock, overburden, ash, and a buffer zone for the open pit would cover about 7 square miles. The generating station would also require about 65 acres of land, wherever the plant site was located. The research firm studied 11 different sites for the generating plant: 3 that were at the mine mouth; 2 at nearby high altitudes to disperse the smoke, ash, and odors; 5 that were next to needed water supplies; and one loca- tion that was only defined as “the lower mainland” that would be near the source of the power needs. A site for the plant has not been officially determined, but the evidence seems to be stacked in favour of site #1 which would border directly on the Bonaparte Reserve #1, and be only | mile from the Pavilion Reserves. The total land requirements for the project would be a minimum of 5,400 acres if site #1 is selected next to the mine, and up to a maximum of 7,700 acres for a site on the Fraser River and Hat Creek Hydro Project 6,000 acres for a site on the lower mainland. If the plant is built outside the Hat Creek Valley, the study points out that from 87 to 160 acres of Indian reserve land would be needed to build a railway to transport the coal. A 2,000 Mw generating plant would burn 40,000 tons of coal each day - an amount that would fill a train of open coal hoppers 400 cars long, or that would cover a Canadian football field to a height of 25 feet! The study noted that provision would have to be made to transport 25,000 gallons of water per minute to the generating plant. “Several hund- red” new housing units would also be needed to house the added population within commuting distance of the plant. Environmental [mpact: The study noted that “‘six ranchers would suffer significant loss of land" under the project, and that catile operations in the area would be “adversely affected". It also warned that “dust problems would be expected to be considerable" making “dust control a major probl- em'’. [t also predicts that "the one for soil erosion would also be I 2 Of more importance, though, is the potential danger in the trace elements that are contained in some of the samples of Hat Creek coal that Hydro has tested. The study warns that “environmental hazards could possi- bly arise from the seemingly high concentration of arsenic, boron, and cadmium." It also notes that problems could arise from the higher than normal concentrations of lithium and fluorine. The study suggests that more research must be done on the amount of beryllium, selenium, and mercury because of their poisonous nature. Figures in the preliminary study show that some samples of coal had concentrations of arsenic, beryllium, fluorine, lithium, and mercury that ranged from 4 to 25 times the world average, and that “lithium, mercury, and strontium can be harmful to human life and occur in higher than normal, or at least questionable, amounts." Based on figures of the amount of arsenic contained in the Hat Creek coal, and on Hydro’s estimated rate of emission after burning, calculations then show that from 4 to 7 tons of arsenic would be released from the plant every year to settle on the plant, animal, and human life downwind from the plant site. Hydro states, however, that such calculations are based on the amount of arsenic contained in just a few samples of the coal and not in the actual ash itself. A spokesman says that resulting figures are “mislead: ing” and “hypothetical” and that there “isn't enough information to lead to that conclusion’’. Part of the problem lies in the figures of the amounts of the trace elements in the Hat Creek coal since the two sets of tests by two different laboratories differed "‘significantly’’. The results from the first set of tests, done in 1974, showed that there were an average of 8.2 parts of arsenic per million parts of coal (and 20 parts in one sample). However, the tests done in 1975 failed to detect any arsenic in the coal at all. Hydro does emphasize that the test results were only prelimi- nary and that further study is being done. An equal concern should be the huge amounts of sulphur dioxide that will be pumped into the atmosphere at the rate of almost 400 tons a day and 144,000 tons a year. A table in the report shows that this will be more than 7 times the amount of sulphur dioxide that will be emitted by all sources on the lower mainland in 1979, The study notes contain the statement that: “as a pollutant, this gas can be transported hundreds of miles before it is deposited in the form af an acidic rain or snow’ and that “serious fish mortality has been attributed directly to this increased acidity’’ in, for example, the lakes west of the Sudbury smelters. The study warned that “for very large sulphur dioxide emissions in regions where the envi- ronment can not assimilate the resul- tant sulphates, serious impacts could result."" The major victim of the sulphur dioxide pollution will be the plant life in the area, the study predicts, since “plants are more susceptible to injury arising from high concentrations of the collection, storage, and eventual disposal of these wastes, The study states that the rainbow trout population (up to 14 inches long) would be affected by the diversion of Hat Creek and by the run-off of harmful substances into the creek from the plant and mine site. Since the Canada Fisheries Act prohibits the discharge of any harmful substance into waters inhabited by fish, meas- ures to prevent such run-off would be required. Hat Creek valley supports a small population of deer, moose, and water- fowl. These populations would be affected in a number of ways - by the removal of food and living places, by the pollution, and by the increased road traffic. The greatest danger probably lies in the greatly-increased number of workers and tourists in the area that will produce a heavier hunting pressure on the game popula- tion. The study suggests the “likelihood” that shooting will be prohibited within ase *, PAVILION «, © BAND | 7 i ROCK ASHCROFT —, : = RESERVOIR BAN int? 4 ; ASHCROFT hae : m, a ‘ f= * Dig Ls * ie — 4, : cs “Wy oa, ] fine : 3 ; j i OREGON JACK — 3 no Fs k an BAND : ( 0 5 Mie § "a h z: J TH, af this gas than are humans.'’ Buckwhe- at, barley, clover, aspen, birch, and pine were listed as being the plants most-casily damaged by the gas. Hat Creek itself lows over the coal deposit and would have to be diverted around the open pil, requiring the use of culverts, drainage ditches, chan- nels, and stocking the creek to ensure fish survival. The generating plant will require large amounts of fresh water and water from the Thompson River would be preferred because it is cleaner and would cause fewer disposal problems. If site #1 were selected for the generating plant, the run-off water would flow to the Thompson River system. The study then warns that water from the Fraser River system should not be used to cool the plant because “it is environmentally unso- und to mix water from separate river systems."" The water quality in Hat Creek could only remain unimpaired, the study nites, if the waste liquids and drain- age from the plant and mine site is prevented from entering Hat Creek. Provision would have to be.made for three miles of the mine and plant for safety reasons. How that will affect the nearby reserves of the Pavilion and Bonaparte Bands is not stated. In an understated way, the study states thal the potential for sites related to ancient Indian history exists in the valley and that “‘virtually every activity associated with disturbance of surface materials has the potential for damage or destruction of unidentified archaelogical value."’ In other words, the project could destroy burial gro- unds and sacred places of the local Indian people. Social and Environmental Impact: Figures produced by the study show that there are about 9% employable males in the population of about 360 Indians living on reserves in the immediate area, The total band mem- bership of the four bands - Bonaparte, Pavilion, Oregon Jack, and Ashcroft - is about 630. With the probable exception of the local native people, the study states that the area has low unemployment ‘and “seems unlikely to be able to supply a very significant percentage of the manpower requirements” for the project. It later notes that "'the Vancouver area will be the source of most of the construction crews", and also that "some of the workers would have to be attracted from considerable distances beyond B.C." The project will create 40 perma- nent jobs, but because of the specia- lized nature of most of the work, the native people will probably have to compete for the 37 unskilled labourer jobs. The study hopefully suggests, though, that the project will create jobs “in its kitchen and other opera- tions.” Many of the concerns that the ranchers in the area have are the same as the native people's : the quiet rural character of the area will be perma- nently changed by many new stran- gers, noise, dust, traffic, odors, and changes in the weather and scenery. They want to know what will happen to Hat Creek and the groundwater in the valley, and what areas will be closed to grazing, and naturally, they are wor- ried about compensation. The study also listed some of the concerns of the Indian people that some reserves are downstream and downwind from the project and don’t want to see damage to the air, fish, game, and water supply. They are also worried about extra hunting pressures on limited game populations and whether reserve land will be needed for roads, pipelines, transmission li- nes, or railway tracks. The people are also skeptical about their benefitting from the jobs that will be created from the use of the resources of their homelands. Hydro is already aware that “road noise from highway vehicles, particu- larly trucks, might have irritating effects on the residents of the Indian reserves.” Conclusions: The study concludes that the gene- raling plant should be built at one of the five sites in the Hat Creek valley area. Site #1 (next to the open pit) is given the highest priority in terms of the least amount of land (including reserve lands) that will be required for the project. As for air pollution, sites #4 and £5 (about 4 miles east of the open pit in the Trachyte Hills) are considered as causing the least amo- unt. Among the factors that Hydro will consider in choosing the eventual site of the plant are the impact and cost of transporting: coal from the mine to the plant, water from an acceptable SOUTDE to the plant, and electricity from the plant to the lower mainland. The final decision will represent the “‘most salislactory compromise between en- vironmental, economic, and engineer- ing factors." Recommendations: The study recommends that further study be made of a wide range of concerns, including trace elements and pollution, air quality and pollu- tion, the use of ash for an aluminum production plant, the diversion of Hat Creek, environmental studies on ve- getation and wildlife, manpower train- ing, secondary industry, housing, and the Indian people's relation to the project. continued on next page NESIKA January/February 1977 7 HAT CREEK PROJECT - continued DOUBLE THE SIZE DOUBLE THE RISKS What has to be remembered is that Hydro is considering the possibility of expanding the 2,000 Mw plant to 5,000 Mw, by 1988, with a "proportional increase”’ in the amount of coal to be mined, Since it is only now studying a 2,000 Mw plant, Hydro says it is unable to say whether there will be 244 times as much sulphur dioxide, arse- nic, and other harmful trace elements emitted from such a plant. The amount of water, the size of the open pit, and the land requirements are also unkn- own and would require further studies. By way of comparison, a 5,000 Mw plant for 1988 would produce as much hydro-electric power as the total produced by all the B.C, Hydro generating stations as of 1974, WHERE HYDROJS AT Hydro Chairman Bonner has stated that $10 million in studies on the Hat Creek project have already been completed and that another $20 million worth of studies have to be completed before the final decision is made. Studies on the engineering factors, social, land, air, and water quality impact were begun in 1976 by nine different consulting firms and are expected to be finished by about September of this year. Hydro also began another study in July of last year to determine all the other possible commercial uses for Hat Creek coal. Environment Canada called the 1975 preliminary impact report “deficient and “disappointing”, and the current studies are meant to be much more detailed. For example, large test samples of the coal are being burned to learn exactly how much heat, ash, and trace elements will be produced by a plant. Also, airplanes and helicop- ters have been used to chart the wind patterns for several of the proposed sites in both summer and winter to learn exactly where the gases and ash from the plant smokestacks will land. In November 1976, Hydro establi- shed a separate division within B.C. Hydro that would be responsible for coal-burning plants, even though Hy- dro has no such plants in operation, and even though a final decision on building the Hat Creek project has not been made. In January of this year, Hydro then advertised for four top-le- vel engineers experienced in the design and operation of open pil mining and coal-burning generating stations. Hydro says it needs the specialists to complete the detailed studies, but admits the ads specified the positions were permanent. A total of ten licenses and permi'« will be required to build the project and Hydro has not applied for any of them and formal applitation will not be made until after a final decision on the project is reached, which is not expected until late 1977. a a ag time?” WHERE THE INDIANS.ARE AT Eight bands from the area (Pavilion, Bonaparte, Oregon Jack, Ashcroft, Lytton, Lillooet, Deadman'’s Creek, and Cook's Ferry) have formed a committee to fight the project, with Ashcroft band councillor Leslie Ed- monds as its chairman. The commit- tee's goal is to stop the project, if possible, and if not, to make sure that any harmful environmental effects are kept to the bare minimum, Committee Chairman Edmonds states that they will also try to ensure that proper compensation will be paid for any losses or damages caused as a result of the project. He states that they will not be negotiating with Hydro over the possible job benefits since the preser- vation of the environment is their major concern. Edmonds also noted that the com- mittee will be negotiating with Hydro and the governments on the basis of the aboriginal land rights they possess for their ancestral lands. Se “In our relations with the white man it has always been the same story. When they want to do something they send some nice men to explain how it won't bother us very much, how there will be some advantages in it for us, and how we will be fairly paid. Then when it comes time to do it, we meet anew group of men who do not seem to know or care what the other men said. and who do what they want to get their job done. Why will it be any different this The preliminary study report had recommended that a special social impact study be made of the Indian population, but the committee rejected ee idea because Hydro insisted on ntrolling who was hired and what was to be studied. In November, the committee presented Indian Affairs Minister Warren Allmand with a funding proposal for the committee to make their own study free from Hydro influence and interference. Originally, Hydro had budgeted $50,000 for the seh im pact study but - Sarah Kirkpatrick, Ashcroft Band the committee's paca to DIA is for $36,000 and is meant to include their own social and environmental impact conclusions. Under the proposal, the committee will hire the consulting firm of its choice and also employ up to four ~ local native people to work on the study. In their proposal, the committee drew attention to the fact that about 6,000 native people living on the reserves of about 20 bands would be subject in some degree to the effects of the projects. At press time, the proposal was still being considered by the Ottawa DIA office. If the proposal is accepted, Ed- monds says that part of the commit- tee's plans will include public sessions to inform and educate people about the project. He also issued a warning to native people outside the immediate area when he said that: “Indian people and fishermen from down on the coast should be concerned about this too, because if they (B.C, Hydro) bugger up the rivers, then there goes the fish and the source of their income,”" Edmonds said that the bands will be expecting a great deal more co-opera- tion from the federal and provincial governments in ensuring that their land rights are recognized. If that co-operation is not forthcoming, he hinted, action may then have to be taken on another level, CONCLUSION The #1 reason for building the Hat Creek project is the “‘anticipated power demand" of so many years in the future, But, measured against the “growth’® and “progress’’ ethics of this society, and measured against the huge hydro bureaucracies and power projects (like the one at James Bay), concepts such as the "‘anticipated demand” become self-fulfilling proph- ecies. The huge projects are not built to meet the real power needs, but the anticipated demand, which could be met in less destructive ways and which might be motivated, not so much by the need for electrical energy, as for financial profit and political gain. The miracle of electricity carries a high price tag, but while Canadian society enjoys the benefits of electrical power at very low prices, the native people pay a much higher price in terms of the environmental, social, economic and cultural upheavals that accompany such hydro developments. In short, while cities are ablaze with the glow of neon lights, the lamp of life in a distant Indian community is slowly being extinguished. But the $30 million worth of hydro studies ignores the most important question about the project, namely: “When will North America, including Canada, realize that if cannot go on forever burning up and throwing away the limited resources on this earth?" For that matter, when will the power of the winds, the tides, and the sun be harnessed and controlled by man? The natural gas shortages and the Arab oil embargo should have been a lesson, but when will North Americans actual- ly begin to practice conservation of energy and resources instead of just talking about it? One day, this society will have to wake up to the reality that its artificial lifestyle, which is so dependent on oil and electricity, will have to be drastic- ally changed because the earth's resources and man’s technology can- not sustain them forever at an ever- expanding rate. People will have to begin living a lifestyle that is more in line with what the Creator and nature intended; and the sooner the better. For all of us. Gitksan -Carrier Council to Present Map The Gitksan people have invited the federal Minister of Indian Affairs, Warren Allmand, and his provincial counter-part, Allan Williams, to a meeting in Kispiox where they will present the map and description of the Gitksan tribal territories in a formal ion ceremony. Skeens M.P. Iona Campagnola was asked in a letter written January 3rd, to co-ordinate the meeting. Ms. Cam- pagnola, the Member of Parliament for the Gitksan territory, has agreed to do so, but the Chairman of the Gitksan Land Claims Committee, Neil Sterritt, says that the’ meeting may not be arranged until sometime in the sum- mer. The January letter, which was written by Lonnie Hindle on behalf of the Gitksan people, states that the Citksan are “now ready to file the description of their territorial claim with the federal and provincial gov- ernments to ensure that their interests are protected” regarding the provi- nce's “unwillingness to enter into negotiations with any other group until the Nishga claim has been settled.” The claim is being put forth by the six Gitksan bands on the upper Skeena River: Kispiox, Hazelton, Kitwancool, Kitsequecla, Kitwanga, and Glen Vo- well and the 2 Carrier bands at Hagwilget and Moricetown. A Committee of two people from each village began work on drawing up the map of the Gitksan territory a year ago. Committee work and meetings continued through the fall until the 8 . January/February 1977 map of the outer boundaries of the Gitkan territory was completed and accepted by the Gitksan chiefs in December of 1976. A report in The Interior News states that a rough description of the boundaries involves “the headwaters of the Nass and Skeena Rivers to the north, near Bear Lake to the east, Kitsalas Canyon to the south, and to a boundary line on a height of land just west of Bowser and Meziadin Lakes." Land Claims Committee Chairman Neil Sterritt states that the Gitksan map, when compared to the general outline of the territory claimed by the Nishgas to the northwest, shows “there is very little over-lap."' The issue of the over-lap was mentioned in the letter to Iona Campagnola since “over the years there have been disputes over the ma exact location of the boundary" which “have never been thoroughly aired, and have not been resolved."’ The letter continued that “‘we are aware that the Nishga people have now revised the map oti their territorial boundaries and are prepared to offi- cially table the exact description of their claim. We do not wish to delay or disrupt the Nishga negotiations but we feel that the boundary (between the Nishgas and the Gitksans) should be delineated before the Nishga claim is settled." Neil Sterritt is asking Carrier Indian people with information on the location of the eastern boundaries of the Carrier people at Hagwilget and Moricetown to contact him to confirm details on the Gitksan-Carrier tribal boundary, which is approximately 14 miles east of Hazelton. West Coast Votes One of the strongest districts within the Union of B.C. Indian Chiefs has decided to concentrate its energies on preparing its own land claims position, rather than co-operate with the UBCIC and the Land Claims Commission currently being organized. The West Coast District Council, at its meeting in Port Alberni on January Sth, voted to go it alone in the land claims field because of the dissatisfac- lion with the UBCIC's proposed com- MLSS 10%. The resolution that was passed at that meeting read: “Whereas the West Coast District is discontent with the direction that the Union of B.C. Indian Chiefs is going; specifically, the Land Claims Commis: sion, “And whereas we are concerned about a settlement being imposed upon us, "Be it resolved that the West Coast District inform the Chiefs’ Council meeting of January 6th and 7th that this district is going to apply for our own funding to develop our land claims position,”’ The resolution was presented the following day to the Chiefs’ Council meeting by District Co-Chairman Bert Mack. As it was explained in the February 4th issue of the H4-SHILTH- SA, the UBCIC feh that the West Coast was breaking away, but as Bert Mack is reported to have said, "We weren't. After | explained our intent, they realized we weren't trying to break away. They realized that now George Manuel has more time to spend with other districts,” The reasons for the decision to go it alone, as expressed at the January meeting of the district, was that the UBCIC had done little for the people on the west coast and that it would be better if the district worked on its own behalf. Francis Charlie, one of the Nootka elders, expressed it by saying ‘‘no- body has to think for us. Take over whatever funding will come out of Ottawa and let us do the thinking ourselyes.”’ The district also decided in January to have Nitinaht Chief Charlie Thomp- son and She-Shaht Band Manager George Watts prepare a funding proposal, budget, and plan for the land claims work, to be presented at the February District Council meeting. The proposal was presented to the meeting on February 25th, on the Qhiaht Band reserve at Pachena Bay, with eight bands represented and a crowd of about 30 observers. The proposals explained that “we have to start developing a position before the government develops one for us. We must become action-orient- ed. The research needed to support = Bill Happynook makes an emot our claims will become obvious once the bands indicate their positions, What we need is technical advice in‘ putting together our proposal. These people will make information available to us 80° that we can make sound decisions,”" As District Chairman Simon Lucas explained, “‘we have talked with the government about land claims before, but they only understand dollars and cents."” He added that ‘‘as far as the government is concerned, they think this is their land. We can say this is our land all we want, but it won't do any good. We have to exchange figures with them and talk with them on their level,”’ The aim of the proposal, as Lucas explained, would be to determine the exact values of the services provided to Indians, the amount of taxation, tree farm licenses, ete. so the figures could be used in future negotiations. The proposal called for a director to be hired, a legislative and archival researcher, a forestry researcher and a marine resources researcher. The budget for the work called for $10,000 in band funds (the B.C. Special), $20,000 in loans from the DIA (to be repaid on future settlement), and a grant from DLA of $96,000, for a total budget of $126,000 per year. [It is expected that the work of preparing a position will take from two to three years to complete before the District and the bands are ready to begin negotiations with government. The proposal was accepted by the meeting with only one abstension. An amendment was approved that called for the proposal to be presentd to DIA officials in March, after it has been approved by all the bands. Since there would have to be intensive consultations between the bands and within each band over the 2-3 years it will take to develop a position, a suggestion by District — ii ional plea to the meeting. Ohiaht Chief Art Peters Chairman Simon Lucas that the up- coming election for his position be made into a three year term, or until the position is completed, was accept- ed by the meeting. Lucas explained the strong feelings he had about the 3 year term by saying that “‘it’s too important. We can’t expect to keep changing our leaders and expect something to be done."” He said that a Chairman elected for a 3 year term would be able to show strength to the government, and a reference was made to the fact that the Nishgas have decided not to change their leaders while they are in negotia- tions. The elections for the positions of district chairman and co-chairman will be held during the entire month of May, with all of the band members on the west coast entitled to vote. Nominations for the two positions will be open the entire month of April. The relationship between the West Coast and the UBCIC and the Native Brotherhood was not clarified at the meeting, but a spokesman later said that the District would be going after their share of the UBCIC's core funding and would only be dealing with the Union when it came to province-wide concerns of the District. The efforts by the Native Brotherhood to organize the coastal people were given moral support by the District meeing, but as Simon Lucas explain- ed, “we can't really support anyone until we have a solid understanding of ourselves.”’ The meeting also showed a great deal of concern over Order-In-Council 1036 and the fight against it led by the Lower Nicola Band. Simon Lucas coast 50 years from now, and it showed roads all along the coast that would run through almost every reserve. He then warned the people that Order 1036 would be used to get the reserve lands for the roads. An emotional interruption at the end of the meeting held a message for many in the hall. Bill Happynook, an elder from the Ohiaht Band, had enfranchised himself in the 1950's, and he made an appeal to the meeting to be allowed to return to the band and the reserve. Living now in nearby Bamfield, Happynook explained that he felt good about what the West Coast people were doing in recent years and wanted to become “officially"’ one of them again. The chief of his band, Art Peters, told the meeting that he was frustrated by DIA regulations to bring him back to the band, because he didn’t know how to go about it. “He is now classified as non status, but he is one of us", Chief Peters stated. Simon Lucas was glad the subject had come up because it showed that people on the band council really don’t have any power, but that “we don't have to accept being a rubber-stamp for the Indian Act...We think too much about the laws out there, we should think of the laws here and what we can do about them," The almost unanimous feeling in the meeting was that the Ohiaht Band should take Bill Happynook and his family back on the reserve and ignore the regulations. George Watts and Ahousaht Chief Archie Frank presented a brief to the NDP provincial caucus on behalf of the District. The January 22nd brief contained a number of suggestions and complaints regarding the land claims issue: “The Provincial Government should be questioned on its position of negotiating with the Nishga people only. Do they plan on using the Nishga settlement as a model settlement? Will there be legislative changes as part of the settlement that will affect all Indians in B.C.? If yes, then should not all native people of B.C. be involved in negotiations? “If the resources are continually being allocated to companies, is it possible to reach a just settlement of our grievances? “There should be no more long term contracts made on timber resources until Indian people have had the opportunity to claim back some terri- explained that he had seen the tory. regional district's plans for the west NESIKA January/February 1977 ie Numerous faults and “‘irregqulari- ties"” by police and court officials at a trial in Cassiar in which an elderly native man was savagely beaten by a white neighbour in nearby Good Hope Lake, has led to a full-scale investiga- tion by the United Native Nations Executive and Board of Directors. That investigation has mushroomed into others by other agencies - the Native Courtworker’s Association, the B.C. Police Commission, and the Attomey-General’s Department. The beating of Newton Carlick and the trial of Arnold Campbell (found quiliy of assault causing bodily harm, and given one year's probation and a conditional discharge) are being in- vesligated by the province after com- plaints from the United Native Nat- ions (UNN) raised questions in the Legislature, pressing Altorney-Gene- ral Garde Gardom into calling the iInvestigalion, Evidence which the Crown prosecu- tor refused to submit at the trial of Arnold Campbell, supports the native people's view that Campbell should have been charged with attempted murder, A trip to northern B.C. by the entire Board of Directors of the UNN combined a regular Board meeting with: an investigation of the Carlick case; slone-age living conditions; ra- cial tensions; a povernment- backed community resources society that pad- locks and refuses the UNN Local to Sah? Zainannameeeee use their own meeting hall; and the general state of affairs involving the callous and indifferent neglect on the part.of government departments and agencies, the outright hostility and violence on the part of individuals like Arnold Campbell, and also, the cou- rage and determination on the part of some of the native community to change the situation. Travelling with the UNN Board to Good Hope Lake was the President of the Native Courtworker’s Association, George Watts, courtworker Bill Ha- milton, and Robert Skelly, the NDP MLA. from the Alberni riding who attended at the request of UNN Board member Hugh Braker. The UNN Board of Director's meeting was held in Lower Post on February 26th, and the group travelled to Good Hope Lake on the 27th. THE COMMUNITY Good Hope Lake is a small commu- nity of about 130 people - so small in fact, that it doesn’t even rate a dot on the road maps. Located about 25 miles north of Cassiar and 50 miles south of the Yukon border, the commmunity, except for the Indians living there, is just a Department of Highways camp and maintenance centre, About 80-85 of the area's popula- tion (75%) is Indian - a few Kaska Indians, but most of them are Tahl- tans from the reserve near Telegraph Creek. Long before the Highways Department set up the camp 20 years ago, and even before Indians were “discovered” by Europeans, the Tah- ltan people had been living at Good Hope Lake. Despite this history, and despite the fact that all the Indians are “'status’’ Indians (not counting the Rattrays), there is no reserve at Good Hope Lake and Indians are considered as ““squatters’’, Exoept for three working for the Highways Department, all of the Indians are on welfare; a few have traplines. A group of native people organized a Local chapter of the BCANSI organization several years ago to improve living conditions in the area. Complaints by the Good Hope Lake Local to BCANSI head office brought President Fred House and a television camera crew to Good Hope Lake in October of 1973. The publicity, which centred on a number of large families living year-round in tents brought immediate resulis from Norm Levi, then-Minister of Human Resources. A number of trailers were quickly brow- ght in as temporary housing, and funding was found to hire “human resource workers’ to take care of the social and health needs of the native community. The workers were given a government van for the transportation needs of the local people, and were responsible to both the native people and the Human Resources Depart- ment. However, a dispute started entirely by the Human Resources Supervisor has cul off the funding for the workers, for the van, and for the hall's operating expenses for the past six months. Now, 342 years after the trailers were placed in the area as a “six month” temporary measure until pro- per housing was built, they are: still there, and are little better than the tents they were meant to replace. The “‘trailers’’ were not new, but _- government ne -racist beati ” stone-ag were used and worn-out forestry bunkhouse trailers - lithe tin boxes with no water, plumbing, electricity, little insulation, if any, and usually, a wood-burning stove made from an oil barrel for cooking and heating. During the UNN visit to the -com- munity, one woman with five children was found living in one of the trailers which didn’t have a door (a blanket was in its place), and had openings thal once were windows, The woman had returned to her trailer several days before the UNN visit to find the door ripped off the trailer. The damage was done by two local men for no apparent reason, At the time, the woman was sick with what resembled pneumonia, Unable to bre- athe or move comfortably, she laid in bed under one of the openings with one small child in bed for warmth for several days until the UNWN visit which« found the trailer had no firewood, no tools or materials to fix the damage, and the woman unable to do either. (Arrangements were immediately ma- de to have the woman transported to hospital, and the damage to the trailer repaired.) The BCANSI Native Housing orga- nization did manage to build two comfortable and adequate log houses in Good Hope Lake for some of the Indian families about two years ago. THE PEOPLE 7 A central figure in the Good Hope Lake situation is Arnold Campbell, a non-Indian Department of Highways employee who moved into the area about five years ago, In addition to almost killing Newton Carlick, Camp- bell has generated a number of other complaints from the local native people. Charlie Chief, an elderly Tahltan who lives 30 miles from Good Hope Lake, accuses Campbell of swindling him out of his trapline by using the traditional method - getting Charlie Chief drunk and getting him to sign the papers. ce 1977 lect ae Sei g unpunished » living conditions The key element that has held the native community together for the past troublesome year has been the Rattray. family. Evelyn Rattray has worked -as the cook for the Highways camp for the past 21 years, and has been the UNN Board of Director for the region for the past several months. She herself is a Tahltan and believes firmly in helping organize the native people to help themselves, “it's about time we started doing for ourselves’ is the wav she puts it, Her husband Jock Rattray was the foreman of the camp until a year ago, and although he is non-Indian, he has given generously of himself to aid and support the Indians in the community. He has spent hours repairing and remodelling the UNN hall and has spent $150 for fuel oil to keep the hall open. David Rattray is their son and when Human Resources stopped the fund- ing for the van, he became involved because “something had to be done". He put 6,000 miles on his car, taking people to hospital, shopping, and other errands, until he got “‘a little broke” and went to work in the Cassiar mines. David is a trained geologist and took a year's building course 30 he could better help the other Indians build their own homes. That plan has been held up because they have been unable to get any land for housing. The Rattrays have other strong allies in the camp and surrounding area. Louie Quock lives in Good Hope Lake and was active in repairing the hall last year; is active in the A.A. program; and has been hired as the UNN fieldworker for the region. Bill Hamilton replaces Sally Johnson as the native courtworker for the area. Sally will remain as the Outreach worker from Watson Lake and Bill Hamilton will take ower the courtwor- ker job, leaving a job at the Cassiar mines. THE BUILDING & THE VAN The Good Hope Lake BCANSI Local purchased a small but comfortable log house for use as a meeting hall with a $2,000 grant from the Human Resour- ces Department (DHR). The DHE during 1976 paid for the fuel oil and operating expenses of the UNN hall, as well as the salary of the human resources worker and the van used by the worker. The original worker was a nalive couple that decided to move on to other work. They were replaced hy Mrs. Arnold Campbell in the summer of 1976, During her 2 month period of employment, Mrs. Campbell is repor- ted to have used the van to haul liquor to the men in the camp, and reported- ly charged the Indians $30 for the trip to Cassiar - while the van's expenses were being paid by the DHR! Because BCANSI changed its name to the United Native Nations in 1976, many people thought that the organi- zation had gone out of existence. One of them was the area supervisor for the DHR, Ted Philips. Philips said that BCANSI wasn’t a “registered society’, and therefore, the UNWN Local in Good Hope Lake shouldn't be controlling the van, worker, and hall. He used a weak excuse about mis-sp- ent funds as a reason to freeze the UNN's bank-account on September 30,1976, The funding freeze resulted in the loss of Mrs. Campbell's job, in the van being impounded, and the UNN hall being locked up for lack of operating expenses. At about the same time, Philips was instrumental in getting the white community in Good Hope Lake to form the Good Hope Lake Community Resources Society (GHLCRS), so that the funds could be eventually chan- nelled through the white group. A power struggle for the use of the hall broke owt and with government backing and the help of the RCMP, the GHLCRS took control of the hall and changed the locks. The GHLCRS then began refusing to allow the native people to use the hall without their permission. Altho- ugh they now allow the native A.A. program to continue, they have refu- sed to allow the UNN Local to hold health and hygiene classes with a registered nurse, arts and crafts classes, and Tahltan language clas- os. Since there are no places for the Indian people to wash their clothes or bathe in their trailers, the UNN Local remodelled the hall last year to include a washing machine and a bathtub. The whites complain that the hall will only be used as a bathhouse or laundromat, while the Indians say that the whites only want the hall to use as a dance hall. The building has remained closed for the past six months until the UNN visit. A key was found and the building was ‘occupied’ -by the UNN Board, the Native Courtworker repre- sentatives, MLA Robert Skelly, and the local native people, A meeting was held that detailed all the pro- blems connected. with the hall, van, funding, and the Newton Carlick case. CARLICK’S BEATING & CAMPBELLS TRIAL A letter by UNN Vice-president Ron George to Attorney-General Garde Gardom states the reasons for an official investigation into the case: Newton Carlick, a 51 year-old Tahl- tan, was savagely beaten and almost drowned by Arnold Campbell on October 10th, 1976, about | a.m. The beating apparently stemmed from a power struggle between area whites and natives over the control of funding and programs of the commu- nity hall in Good Hope Lake, which is owned by the UNN Local. Campbell reportedly wanted to become the President of the Local at about the same time as his wife lost her job working for the nalive community a5 8 result of the bank account being frozen in the fall of 1976, Carlick was not a Campbell suppor- ter, and a chance meeting of the two the night of October 10th, when both men apparently had been drinking, led te Campbell attacking Carlick for no immediate reason, Carlick was knocked to the ground and charges that Campbell continued to kick him all over his bedy for “about an hour’’. Campbell was then said to have ripped all of Carlick’s clothes off as he dragged him by one arm for a distance of about 1,400 feet to the shores of Good Hope Lake, and then tried for some time to drown him. Carlick’s brother John, heard the splashing and Campbell stopped, say- ing that he and Newton Carlick had had an argument and he was only “cooling him off", Carlick dragged himself, naked, to the Rattray home and was taken to the hospital in Cassiar where he was treated for five days. Sally Johnson, the native courtwor- ker at the time for the area, then tried to get the RCMP officers stationed at Cassiar to go the hospital and take a statement from Carlick, but during Carlick’s five day stay, the police were reportedly “too busy”. The detachment at Lower Post also refu- sed to take a statement, but Sally Johnson was successful in getting the detachment in Watson Lake, Yukon Territory, io take a statement. David Rattray took 25 colour photos of Carlick’s injuries 3 days alter the beating, while he was still in hospital, Only when the Crown Prosecutor saw the pictures were charges laid against Campbell - and then Ron George continued on next page rs | | ows ‘. : ess a 1 aaa —. Ps : 5 i i KY 7 GOOD HOPE LAKE continued ese SF ) | i from left - Sunni Plump, MLA Robert Skelly, Madge Carlick, Newton Carlick, and UNN Board of Director Hugh Braker complains the charge was not attemp- ted murder, but assault causing bodi- ly harm. Complaints from the local people brought Ron George and UNN Presi- dent Bill Wilson to Good Hope Lake in mid-November and brought George to the Campbell trial on January 19th. Campbell was found guilty, and given a year’s probation and a conditional discharge after having admitted to hitting Carlick twice in the face, Other than trying to damage ‘Car- lick's character, Campbell's defense was that he had been threatened with an axe by Carlick, The axe that Campbell was supposedly threatened with was supposed to be Carlick's , but the axe entered at the trial had the orange markings of the Highways Department. George's letter to Gardom conti- nued and pointed up several irregula- rities that call for investigation, amo- ng them the facts that: 1) no doctor's report and only | picture (showing only facial damage) of the 25 taken was submitted by the Prosecutor to the Judge. 2) two different RCMP detachments would not take a statement from Newton Carlick or Sally Johnson. 3) the Prosecutor had to be persua- ded to call an important witness and didn’t ask relevant questions. 4) Doug Carlick, a half-brother and a damaging witness to Newton Car- lick, was "clearly intoxicated while on the stand”; that Arnold Campbell supplied him with liquor before the trial and gave him a gallon of wine after Doug Carlick left the courtroom; 9) the trial was conducted entirely in English, while Newton Carlick speaks Tahltan and does not under- stand courtroom English; 6) The RCMP officers ‘‘clasped hands as though they were celebrat- ing a victory” after Campbell received the conditional discharge, and Mrs. Campbell invited one of the officers home to dinner after being compli- mented that her husband “is a pood man’”. After the trial, Judge David Levis was shown the other 24 pictures of Carlick’s injuries, appeared surprised, and agreed that they should have been introduced. George's letter to Gardom was followed up by another written on behalf of the Native Courtworker’s Association by its Executive Director, Len Maracle. In that letter, Marache wrote that: “the native community feels that the Judge did not appreci- 12 January/February 1977 ate the severity or failed to consider the ... requirement that a discharge must be in the best interest of the accused, and not contrary to. the public interest, and that the Judge failed to consider the principles of deterrants,”" The letter ended with the request that “the case be examined with aj view to an appeal of sentence by the : a C7 7 Charlie Chief tells MLA Skelly Fe, — ae ara ee how Arnold Campbell swindled him many agencies done to improve life for the Tahltan and Kaska people of Good Hope Lake? The kindest answer that can be given is that they are being kept alive with the welfare scraps from one department, and that the others are ignoring them. If viewed at its worst, the branches of the governement are involved in an effort to steal the land and resources from the Indian people; to keep the Indian people totally dependent on welfare and alcohol; and to crush the efforts of the native community to change the situation. Look at the record and judge for yourself: 1) The Department of Indian Affairs has never set aside land in the area as a reserve, despite the historical occu- pation of the site, Since the Indians are not living on the reserve, then, they are not eligible for the federal services of the DIA. The Indians in that community are placed in the jurisdiction of the Yukon branch of DIA. 2) The Department of Human Re, sources has stoppped funding the community workers, the van, and the hall expenses - leaving the Indians with no transportation to the nearest source of groceries and medical ser- vices 25 miles away. With the hall closed, the Indians are prevented from meeting the most basic health and sanitation needs - a clean body and clean clothes. The closure also pre- into signing over his trapline by getting him drunk. Crown." The issue was later raised by MLA Robert Skelly in the Legislature and A-G Gardom promised an investiga- lion. (The B.C. Police Commission has already been into the area for their own investigation.) In an interview with Skelly in late February, Newton Carlick demonstra- ted how he has lost most of the use of his right arm. He told Skelly that Campbell has since made threats to his relatives. CONCLUSION The gross inequalities of life in Good Hope Lake are plain for all to sec. 100% of the white population works for the Highways Department, and almost 100% of the Indians are on welfare. The whites live in comfor- table surroundings and the Indians live in conditions that should shame one of the richest countries in the world, : So what has the government and its NESIKA ‘ie = “a: a , se hi ; os vents large meelings to be held for the health and cultural needs of the people, The DHR has also encouraged and assisted a white-run aociety to be established, designed to take over the control of social services rather than allow the Indian people to administer it themselves, 3) The RCMP in two detachments did not take a statement from Newton Carlick after his beating. They also seem to ignore the bootlegging taking place in the community and have reportedly refused to* respond to complaints about open drinking by young children, 4) The Department of Highways employs about 40 whites while the Indians in Good Hope Lake remain unemployed. A judge sentenced a native youth to serve a number of days working for the Highways De- partment to compensate for damage he did to D of H equipment, but the present camp foreman refused to let the youth work out his sentence. 5) The fish and game wardens are still arresting Indian people for pract- ising their aboriginal rights to hunt and fish for their survival. 6) Although the Central Mortgage and Housing Corporation (CMHC) has a special native housing section, there have been no houses built in Good Hope Lake under this program. 7) The provincial court system apparently allows drunken witnesses to testify, allows vital evidence to be withheld by the prosecutor, allows the trial to take place in English when the complainant doesn’t understand Eng- lish very well, and it allows a person to be freed on a charge that could have resulted in a five year prison term. Time is running out for the Tahltan and Kaska people since they feel they will have no place to go when the Rattray family moves to Cassiar in the coming year. If the goverment won't look after the many needs of the Indian people in the community, then who will after the Rattrays are gone? There have been some hopeful signs, though. Since the troubles began last fall, two families have quit drinking and are joining the efforts of others to improve conditions. The attention that has fallen on the community will no doubt increase the tensions between whites and Indians, at least for the time being. But, the publicity should also bring about government action on the complaints. We'll wait and see. aT 4 r Public Supports Land Claims “T want to know when you will quit begging and stand on your own two feet. Work fora Living. This is the | best way to be appreciated - just quit taking our money. You lost the war along, long time ago.’ Which of the above best describes the feelings of the Canadian public regarding Indians and the land claims issue? The answer, judging by the results of two nation-wide surveys, is that a majority of Canadians are supportive of Indian efforts in the land claims area. Two unrelated surveys taken by University of Calgary Professors Gib- bins and Ponting and by the Native Council of Canada provide valuable and similar clues to the general public's feelings towards Indians and the efforts by Indians, to better their lives. CIBBINS AND PONTING A nation-wide survey involving 1,832 people from St. John's to Victoria was conducted in January and February, 1976, and was based on interviews of about 45 minutes with each respondent. The survey was drawn up, results compiled and con- clusions drawn by University of Cal- gary Professors Dr. Roger Gibbins (Political Science) and Dr. Rick Pont- ing (Sociology). The work was funded by the University of Calgary and the Donner Foundation. Professors Gibbins and Ponting began their reports by noting that while the situation and living condi- tions of native people have barely changed in absolute or relative terms in the last 100 years, what has changed is the political response by Indians to these conditions. Whereas Indians had been politically inactive and passive towards their fate for much of the last century, the last 10 years has seen a dramatic change occur as Indians have become much more political and even “radicalized”. Indians, Indian issues and demands have moved from the fringes of Canadian politics to centre- stage in recent years, Gibbins and Ponting suggest. They add that the weight of the majority weighs heavily against minor- ity concerns and “can be crushing when a minority, such as the native Indians of Canada, lack not only numbers, but also economic resources, social prestige, and geographical con- centration’’, and that “the element of public opinion may be critical to its welfare.” _ A concern noted by Gibbins and Ponting is that “the pace of social change which non-Indians would like to see in bettering the living conditions of Indians may be too frustratingly slow for Indians themselves."" That led them to conduct the survey to “T’m not very knowledgable about aboriginal rights, but feel that the government is not fair to Indians. They give with one hand and take back with the other to flood the land for a dam that we could very well manage without. answer the question: ‘‘If Indian lead- ers and organizations pursue their goals with greater militancy, will they ‘create public conditions that will make reaching their goals easier, or will success become even harder to achieve?" B.C. IS #3 The survey asked the respondents a series of ten questions to determine whether Canadians were generally supportive, or bigoted, to Indian people. They were asked whether they atrongly agreed, agreed, were uncer- . tain, disagreed, or strongly disagreed with statements like: |) Indian people themselves, not the provincial govern- ment, should decide what Indian children are taught in school, and 2) where Indian principles of land owner- ship conflict with the white man's law, Indian principles should be given priority. The survey results of the “sympathy index” showed that “the great bulk" of Canadians are in the undecided range and that there is not a large cluster of people grouped at either the su ive or bigoted end of the scale. tests did show some regional differences thought. Quebec proved to be the most sympathetic towards native people by a wide margin, followed by P.E.I., B.C., Newfound- land and Ontario. Those provinces rated higher than the national aver- age, while the provinces that rated lower than the national average were: Manitoba (6th), Nowa Scotia, New Brunswick, Alberta, and Saskatche- wan was rated the least sympathetic. On the subject of land claims, the respondents were asked whether they thought that all, many, few, or none of Indian land claims were valid or justified, and 60% of the national sample said that all or many of Indian land claims were valid, although 67% had no idea how much land was involved in Indian land claims. In B.C., 55% thought that all or many Indian land claims were valid; 8% thought all were valid, and 6% thought none were valid. Only 38% of Saskatchewan residents thought that all or many Indian land claims were valid. The survey also tested the respon- dents’ knowledge of Indian issues and produced some strange results. The people were asked if they were familiar with a number of i involving Indians - the mercury poisoning situation near reserves in Quebec and Ontario; the James Bay settIment with the Cree and Inuit people; the Native People’s Caravan to Ottawa and the demonstration on Parliament Hill; the occupation near Kenora in 1974; the occupation of Wounded Knee, South Dakota; the Supreme Court decision in the Lavalle ease. The results showed that more people were aware of the Wounded Knee occupation than any other inci- dent on the list. After Wounded Knee, people from this province were more familiar with the mercury poisoning situation, and then the Native People's * Caravan. The item on the list that B.C. residents were least familiar with was the Supreme Court decision involving Jeanette Lavalle. When all the provin- ces were compared, B.C. waa second, behind Manitoba for being familiar with Indian issues, with Quebec being the least familiar. The survey also tested whether people remembered Indians using any of a number of methods of dealing with certain problems, among them - roadblocks, protest marches, occupa- tions, picketing, boycotts, rioting. The survey was taken six months after the 1975 “summer of protest’’ in B.C., and not surprisingly, 84% of the public remembered Indians blocking road or rail traffic, compared to only 24% in Quebec. The publicity attached to protest marches may have had an effect since Gibbins and Ponting note note that “‘the relatively large per- centage of respondents recalling the use of protest marches seems unduly high given the minimal use of this tactic by Indians.” People were also tested as to whether they recognized any of a list of 18 names of people involved in Indian issues. Indian Affairs Ministers Jean Chretien (#1) and Judd Buchanan ~ ranked high on the list, with other non-Indians being less well-known - Tom Berger and Lloyd Barber. The Indian who is most well-known in Canada, among whites, is Chief Dan George, as he was known by 57% of the sample (91% in B.C.). Following him is Kahn-Tineta Horn, a very vocal activist with controversial views, who was known by 23% of the public. After that Harold Cardinal 18%, Louis Cameron, Dennis Banks, Jeanette Lavalle, William Wuttunee, James Wah-Shee (7%), Wally Firth, and Gloria George followed. Two phony names were put in the list which were “known” by 4% of the public, and the list ended with George Manuel and Ed Burnstick with 3.8%. The results showed that Indian political leaders socred less than 20%, and that the two presidents of the national native organizations - George Manual of the NIE and Gloria George of the NCC, scored less than 6% each. The B.C. figures produced interest- ing results: Dan George was by far the best well-known figure, and more, people knew Justice Tom Berger in B.C. (38%) than any other province in Canada. Dennis Banks was more well-known than Harold Cardinal, and in B.C., George Manuel was better known than Gloria George, a reversal Ale hae h Quebecers ed to be thoug to the most sympathetic tae they had the poorest knowledge of Indian issues, while the prairie provinces showed a farily high level of aware- ness, but a low level of sympathy. This led the two professors to conclude that “to be well-informed is not neces- sarily to be sympathetic or support- ive.” The respondents were asked their political party affiliation and the results showed that the ‘Liberals tended to fare poorly in comparison with other parties", while the NDP and Conservatives showed little differ- ence. The reason for this, was that the strength of the Liberal party lies in Quebec with a low level of awareness. There was no chart done to relate political parties with the “Indian sympathy index’. They were also tested for their specific knowledge of Indian matters, and the results showed a great deal of ignorance. 70% of the peaple didn’t know the difference, or weren't familiar with the terms “‘sta- tus” and “Non status"’ Indians. When asked the meaning of the term “aboriginal rights’’ only 22% said they were land rights, birth rights, or treaty rights. 73% said it referred to Indians being the firat people in Canada with no mention of rights, or that they weren't familiar with the term, or didn’t know, While 50% of the sample knew the meaning of the term © Metis"’, only 13% knew the meaning of the term “Tnuit’’ - the name the “Eskimo” peoplé call themselves. Gibbins and Ponting also asked the respondents to state whether they approved anumber of tactics used by Indians to improve their conditions, and whether they were effective. The tacticts listed included requesting a Royal Commission, launching law- gulls, protest marches, occupying government offices, blockading roads or railways, boycotting private busi- nesses, and threatening violence. The results showed that a majority of Canadians approved of protest marches and thought they were effect- ive. About 40% thought occupying government offices was effective and approved, which was twice the number of people who approved of business boycotts. While only 1% approved of threatening violence as a tactic, 9% thought it was effective. There was pe difference in these figures for B.C. In a series of questions about the proposed Mackenzie Valley Pipeline, the #1 concern was the protection of the environment. More people thought ‘that protecting the way of life of the native people in the Mackenzie Valley was more important (#3) than getting energy as cheaply as possible (#5). It added that southern Canadians would “strongly support the imposition and enforcement of strict environmental safeguards, if the pipeline is to be built at all." The conclusion of the Gibbins and Ponting study states that the climate of public opinion “is receptive to Indians working out a new role for themselves in Canadian society"’, and that without a national political crisis, “the climate of opinion might well be even more conducive to Indian desires in another 15 years."" THE NCC STUDY The NCC study was intended ‘“‘to determine how successfully the object- ives of the Native Council of Canada are being communicated to non-Native Canadians” since the NCC is political- ly involved in the resolution of the continued on page 15 NESIKA January/February 1977 13 compensation, and without consulta- tion - without even acknowledgement that these people exist.” Sanders added that “there is, of course, no logic to suggesting that because a person builds a home in one place that he or she automatically forfeits owner- ship of land at other locations,” He also mentioned that the Sami people (Lapplanders) of northern Europe, have had their rights to freely cross international borders recognized by the governments involved so that they may pursue the reindeer. The NMLAL brief adds that Bill C-9 “threatens not only legal rights, but the way of life and the future of the Labrador Naskapi in a real and significant way. At stake is more than the abrogation of general and abstract rights in northern The welfare and well-being of the Labrador Naska- pi has been and will continue to be in the forseeable future, centred on the northern caribou herd. Whatever affe- cts that herd - affects their lives.""... “The James Bay Agreement empo- WETS @ ing committee on hunting, trapping, and fishing ... including the setting of quotas for the allowable kill of the northern caribou herd. Already non-native sports hun- ters are allowed to kill nearly 2,000 caribou in northern iy The brief also warned that “Quebec has also announced plans for hydro development on ‘the George River. Both the flooding of caribou calving grounds and migration routes, along with the human activity on the land associated with such a project will seriously deplete the caribou herd. The passage of Bill C-9 in its present form can effectively prevent the Lab- rador Indians from taking legal action where such damages will affect their interests and their lives.”” The brief also traces the unbelieva- ble history of the Naskapi's involve- ment in the James Bay Agreement and Bill C-9, in that the Naskapi “did not know first-hand of the James Bay negotiations; did not know of enabling legislation that would abrogate their rights in Quebec: did not know that such legislation had received first or second reading. They learned of these matters by way of their friends and relatives, the Naskapis at Schef- ferville, Quebec. Not once had they heard directly from the Government of Quebec nor the Government of Canada that negotiations and legislation were leading to agreements and laws that would affect and threaten their way of life and aboriginal rights in Quebec.” Once the Naskapi realized their situation, the NMLAL was formed and correspondence was exchanged durin the first half of 1976 with the different governments, in an effort to begin immediate negotiations. The various governments passed the buck back and forth, with both Indian Affairs Ministers Buchanan and Allmand “Back in Northwest River and Davis Inlet we have welfare and we are ashamed of welfare. We do not like welfare. We do not want to be supported by welfare. We want to be able to support ourselves. We want to hunt. We want our own free life. ”’ stating that the Labrador natives’ rights were protected by Section 2.14 of the James Bay Final Agreement. Section 2.14 states that the Govern- ment of Quebec promises to negotiate with any other native groups with claims in the James Bay settlement area. However, immediately after this promise is the notice that section 2.14 ends with the notice “this paragraph shall not be enacted into law."" Section 2.14 is about the only section in the entire agreement that will not be made law, and as one of the Naskapis asked the Standing Committee: “why, if we are asked to trust that (the Quebec promise to negotiate), has that one clause been exempted from law?” Doug Sanders says that section 2.14 “is of lithe comfort for two reasons. In the agreement it is stated that this section will not be enacted into law. Secondly, we know that Quebec igno- red its legal and constitutional com- mitments under the Quebec Bounda- ries Extension Act of 1912 for over 60 years - commitments to settle the land claims of the Indians and Inuit of James Bay." Billy Diamond, the Grand Chief of the Grand Council of the Crees, says that section 2.14 “was put in at the insistence again of the Crees. First of all, we feel that only the Crees have rights in that territory, and if the other groups have. any claims at all, the rights that they may have are very marginal’’, referring to the Algonquin, Montagnais, and "non-status’ Indi- ans. As for the Naskapi and Inuit in Labrador, he said “I know that they will argue, and they will say that have traditional occupancy and use of the land. Saying it is one thing, proving it in law is another.” The National Indian Erotherhood has appeared before the Standing Committee and asked that an amend- ment be made to the Bill that would make the bill apply only to those native groups (the Crees and Inuit in north- ern Quebec) that signed the James Bay Final Agreement, and would not apply to the Naskapi or Inuit people of Labrador, among others. The efforts of the native groups opposed to the passage of Bill C-9, as it now reads, have been aided by a few M.P."s on the Committee, but it looks like there won't be any amendments made, Wally Firth, the Metis M.P. from the N.W.T., has voiced concern over the affects of the bill on the rights of the Metis and non-status Indians in the area, although he wasn't present for the Committee meeting the day the Labrador representatives appeared. Dr. Holmes, the Conservative Party critic on Indian Affairs, has repeatedly supported calls by native groups for amendments to the bill. One reason given for refusing to make amendments in the bill has been the fear that the entire bill could “go down the drain” if any amendments 14 January/February 1977 NESIKA are allowed. Liberal members on the Standing Committee have taken notice of evidence presented to them to that effect, - The Naskapi people at Schefferville, Quebec will have their rights extingui- shed as a result of Bill C-9, and they have been negotiating with the Gov- ernment of Quebec for the past year in an effort to win an agreement before Bill C-9 becomes law. They are reported to be near reaching an agreement with the province, and have asked to appear before the Standing Committee last, in case they have not reached an agreement by that time. The hearings of the Standing Com- mittee are expected to finish about the middle of March, and Indian Affairs Minister Allmand has promised the Naskapi and Inuit in Labrador that he would give them 30 days notice before submitting Bill C-9 to the House of Commons for third and final reading. Despite the efforts to begin negotia- tions with the two governments that date back to February of 1976, the Naskapi and the Inuit have been unable to bring them to the negotiat- ing table to reach a settlement as both Quebec and Canada seem to be stalling on the issue of negotiations for these people. The three Inuit villages of northern Quebec that are opposed to the Final Agreement and Bill C-9, are still fighting against the Bill. The three, Ivujivik, Sugluk, and Povungnituk (the largest of the 14 Inuit villages in northern Quebec), have united to form the Inuit Tungavingat Nunanini (ITN), to prevent their aboriginal rights from being extinguished as a result of the James Bay ment A total of 313 Inuit, the majority of the people in the three villages, and 22% of the total Inuit population, removed the rs of attorney from the Northern Griohe: Inuit Association before the NQIA signed the Final Agreement. The people then formed the ITN and boycotted the ratification vote that was held after the Final Agreement was signed so that « 26% of the people in Ivujivik voted, 20% of the people in Sugluk voted, and only 3% of the people in Povungnituk voted whether or not to accept the agreement. A great majori- “May I suggest to you kindly, and in the most considerate way possible, that instead of coming before this | Committee and talking about injustice, | maybe it would bea goodideaifyou } came and recognized gratitude for what the Cree and the northern Quebec Inuit have done as pioneers.’ Keith Penner, M.P., Secretary to the Minister of Indian U.B.C.I.C. to Hold April Assembly ty of people in the other 1] villages did vote, however, and did approve of the agreement. Despite the fact that the NQIA signed the Final Agreement on behalf of the three villages without their consent, and despite the fact that a majority of people in those villages refused to vote on the agreement, the passage of Bill C-9 will apply to them and will extinguish their rights. In speaking of the agreement, the people of Povungnituk state that: “compared to the earlier Indian trea- ties in Canada, the agreement seems fairly generous; we realize, however, that it is basically an application to us Inuit of the way in which the Indians have been dealt with in the past. Unlike the Indians, we definitely do not want to give up our rights to our lands,"’ All signs point to the fact that Bill C-9 will be approved without amend- ments, and will extinguish forever, the rights of the Naskapi people in Labrador, the Inuit in Labrador, without consultation, without consent, and without compensation. The Inuit people of the ITN will have the agreement imposed on them without their consent. Lawyer Doug Sanders summed it up in his brief to the Standing Committee: “I do not understand how the Depart- ment of Indian Affairs, in the five years that the James Bay claims have been a major issue, has failed to (determine) the various tribal rights in the area to be covered in the settle- ment. Surely the least we ask of a major government department is that it be well informed on matters within its jurisdiction. Mr. Allmand, follow- ing a line developed by his immediate ws, has stated that the Federal Government was not paterna- listic - it allowed the Indians to carry the ball on the James Bay case and the negotiations. But the Minister, the trustee, forgot about the Naskapi of Schefferville and Davis Inlet. | don't blame the Crees or the Inuit or even the Quebec Government. The federal Department of Indian Affairs was the proper body to ensure that the interests of other native groups were recognized and protected. The department failed miserably." 5 Affairs f |The 9th Annual General Assembly of the Union of B.C. Indian Chiefs will be held on April 26th; 27th, and 28th, in Prince George. § Further details to be announced. History of J 1912: Passage of the Quebec Bounda- ries Extension Act, in which the boundary of Quebec was extended northward from the St, Lawrence River watershed to the Arctic Ocean, in exchange for a promise that the province would negotiate with the native groups in those territories and settle the matter of Aboriginal Title to the area. The promise took 60 years to be honoured. 1970: Rumours of development of the rivers flowing into James and Hud- son's Bay and the presence of many surveyors and engineers, frightens the Cree people in the village of Nemis- cau, and the village site is abandoned. April 30, 1971: Quebec Premier Bou- rassa announces the James Bay Hy- -dro-Electric Project as the “project of the century’ and promises 100,00) jobs for Quebecers, with no prior notice or consultation with the Cree or Inuit people. June 1971: The Crees meet at Mistas- sini and request DLA Minister Chre- tien to intervene on their behalf. January 1972: The Indians of Quebec Association (IQA) receives $26,000 funding to study and research the James Bay project. February - March 1972: The bands discuss the research reports. April 18, 1972: The Crees meet with the IQA and opposition to the James Bay project is announced on legal and environmental grounds. April 1972: The Inuit of northern Quebec volunteer to oppose the project in addition to the Crees. May 1972: The Crees begin action in Quebec Superior Court for a perma- nent injunction against the James Bay project. Before that, each -village is visited and powers of attorney are received from the band members to go to court. The hearing lasts for 7] days and produces 10,000 pages of testimo- ny. June - July 1972: Negotiations bet- ween the Crees and Inuit and the province of Quebec fail to get off the ground as the natives charge “‘bad faith’’ on the part of government. June 1973: Justice Malouf takes the injunction case under advisement. August & 1973: As a result of the Supreme Court decision in the Nishga case, DIA Minister Chretien announ- ces that the Federal Government is prepared to negotiate claims in north- ern Quebec, the Northwest Territories, the Yukon, and British Columbia. September 1973: The Government of Quebec asks the native groups if they want to negotiate. The answer is fr ? no . November 15, 1973: The James Bay project is halted as Justice Malouf grants the injunction. | November 22, 1973: The injunction is lifted by a higher court on the grounds of inconvenience. The IQA receives a settlement offer from the Province of Quebec. December 10, 1973: The Crees''meet with the IQA and learn'the details of the province's 11 point offer, with immediate objections by the Crees. December 1973 - January 1974: Hear- ings in the native communities are held on the 11 point offer. Jonuary 1974; The Crees give the IQA a mandate to negotiate with the Province. April 1974: At a meeting to discuss a progress report on the negotiations, the Crees learn that a “global settle- ment’ for all the province is being worked out, and the Crees remove the negotiating authority from the IQA, Summer 1974: Community meetings on the negotiations are held in all the Cree villages at an average of 6-7 band meetings per month, August 1974; The Grand Council of the Crees is formed representing 6,560 LAND CLAIMS SURVEY continued aboriginal title and land claims issue. he survey was conducted in the summer months of 1976. The survey results were based on 745 questionnaires that were returned from 5,000 that were mailed to points across Canada. Personal interviews with about 150 people nation-wide were also conducted, The interview teams included at least one native. The reports also showed that “very few had any idea what aboriginal rights entailed" but that “the majority of the respondents supported Native land claims while emphasizing that they should be kept within reasonable limits.”"* The report also stated that most people felt that “the media’s coverage of Native affairs was inaccurage, biased, and sensationalized.”” 60% of the national sample agreed with the statement that: “the issue of aboriginal rights is very important to me."’ The figure for the B.C. respond- ents was slightly less - 55%. About 15% of the national and B.C. samples disagreed with that statement. When asked whether they were in favor of a settlement of aboriginal rights, including land claims, 60% (61%) in B.C.) said they were. 20% (18% in B.C.) were against such a settlement. When the respondents were asked whether Indians should resort to violence if land claim negotiations fail, 4% said yes and 87% said no(9%)% in B.C.) . If negotiations fail, 41% (only 29% in B.C.) thought that native people should seek "‘international assistance."”. i. setilement CREE — settlement a 125 Milles Crees: A deadline is set by the Crees for an“agreement-in-principle to be | reached beforé the Crees return to the ! traplines and woods for the winter. October 17, 1974: A draft agreement- in-principle is approved by the Grand ~ Council of Cree Chiefs. October 17 - Nowember 9, “1974: Community meetings with up to 800 people in attendance ratify the agree- * ment-in-principle. November 15, 1974: The agreement-in * «principle is signed by all parties. November 16, 1974 - November 10, 1975: Community meetings, research, court cages and negotiations continue. The Inuit villages of Ivujivik, Sugluk, and Povungnituk, remove the power of attorney from the Northern Quebec Inuit Association. November I], 1975: The James Bay Final Agreement is signed by the Federal and Provincial governments, by the Grand Council of the Crees, by the Northern Quebec Inuit Associa- tion, and by a number of Quebec Crown corporations. November 16, 1975: The three north- ern Inuit villages form the Inuit Tungavingat Nunani (ITN), to fight the The NCC study also asked whether Metis and “non-status’’ Indians are entitled to land grants with full rights of ownership and control, The results showed that 49% were in favor and 22% (33% in B.C.) were not. Many of the respondents chose to use the space provided for their own comments, and the two quotes at the beginning of this article are an example. Some were clearly support- ive as in: ""l feel that unless Indian people get ownership of their land, their culture will be completely lost. Most non-Indians do not understand the Indian's concept of land. To me, it is an essential part of their culture. Without it, they cannot continue.” Others were hostile as in : “The natives have tremendous gall to ask the people of Canada to lay out a large percentage of their tax money to agreement from being imposed on them against their wishes. December 1 - 22, 1975: The Cree communities ratify the Final Agree- ment by a total vote of 922-1. The three villages of the ITN begin a campaign to convince other Inuit villages to boycott the ratification vote. Only 3% of the people in the largest village vote (Powungnituk) and the other two have less than a 25% turn-out, The other 11 villages in the NQIA vote 95% in favour of the Final Agreement. December 1975: The Naskapis of Davis Inlet, Newfoundland, learn of the James Bay hydro project and the Final Agreement that will extinguish their rights in the James Bay territory, from a traditional reunion with other Nas- kapi people in Quebec. February 1976; The Naskapi Montag- nais Innu Association of Labrador is formed (NMIAL). February 14, 1976: The Naskapi write Premier Bourassa for immediate nego- listions. April 21, 1976: Bourassa agrees to negotiations if Newfoundland and Canada agree to negotiate also. May 25, 1976: Newfoundland agrees to népoliations. June 28, 1976: Buchanan tells the natives to document claims they “pretend to have in Quebec"’, present a comprehensive claim, and tells them not to worry - section 2.14 protects their interests. June 30, 1976: The Province of Quebec passes the provincial law regarding their énd of the James Bay Final Agreement. “! Oetober 27, 1976: The NMIAL writes Allmand expressing their concerns over the passage of Bill C-9 before negotiations with the Naskapi begin. December 7, 1976: Allmand moves second reading of Bill C-9 in the House of Commons. January 7, 1977: Allmand writes to NMIAL and tells them section 2,14 will protect their interests. February 10, 1977: The Inuit and Indian representatives of the NMILAL and the LIA appear before the Stand- ing Committee on Indian Affairs to argue for an amendment to Bill C-9, mid-March 1977: Hearings of the Standing Committee expected to be completed for Bill C-9, and passage of second reading expected. mid-April 1977: Allmand, having pro- mised 30 days notice of third reading to the Labrador natives, expected to move third reading and final passage of Bill C-9 in the House of Commons. support loaded questionnaires su this, plus the welfare payments, housing, booze, and interference in our lives - with our money! Straighten out assholes!!!We even pay for the stamps and paper on this garbage so I hope to hell someone reads this." A COMPARISON The two surveys questioned about 2,500 people from sea-to-sea and there were almost identical results, even though different methods were used, when similar questions were being asked. About 60% of the people in both surveys, in both B.C. and Canada, approved of a settlement of aboriginal rights and land claims and/or thought that most land claims were valid. Less than 5% of the people in both surveys would approve the use of violence if land claim negotiations fail to reach agreements. NESIKA | January/February 1977 15 Province Sued on Sales Tax The legality of the Provincial Gover- nment’s right to collect sales tax on the electricity supplied to “‘status"” Indi- ans in their homes on reserves is being challenged, for the first time, in a B.C, court, Although it is generally assum- ed that sales tax can't be applied to Indians on reserves, because of Sec- tion 87 of the Indian Act, that has not been the case in B.C. One legal observer has noted that “what is a novel situation in B.C. (fighting the sales tax) is non-contro- versial in Ontario, Quebec, The Mari- times, and Saskatchewan.” He added that B.C."s taxation of "status" Indi- ans is more resinictlive than almost all the other provinces in Canada. Working on that problem for some time has been Skidegate lawyer Carey Linde and David Mossop of the Vancouver Community Legal Assis- tance Society. Finally, Lillian Brown, a Haida widow and pensioner living on the Skidegate reserve, volunteered to have the class-action lawsuit fought in her name. Mrs. Brown is a mother, grandmother, and great-grandmother of the Haida Nation many times over and is currently in hospital. Mrs. Brown is suing the Province of B.C., the Attorney-General of B.C., and B.C. Hydro on behalf of herself and all other "'status’’ Indians on B,C. Indian reserves who purchase gas and/or hydro from B.C. Hydro and CARRIER continued or 7 of these weirs and some of the fish baskets. In return for this, the people were to be provided with nets, but the nets were rotten and were basically not an adequate substitute for the techno- logy the Indian people had been forced to destroy. By destroy, | mean just that, because the weirs were burned, knocked down ifthey were put up, and the people arrested and threatened with imprisonment if they put them up again. A few years later, in 1911, the same force was applied to people living in the Stuart and Fraser Lake area: they were forced to give up the use of their weirs. What the cannery operators and the pfovernment failed to realize was that placer mining operations in the Ques- nel area around 1903 effectively dest- royed the Quesnel run, which was one of the largest salmon runs in the whole Fraser system. But there was too much demand on salmon to accommodate the canneries, the coastal fisheries, and the easiest solution politically was to eliminate the weirs. In 1913, a rockslide occurred in the Hell's Cate section of the Fraser Canyon due to railway construction, which decimated the 1913 salmon run which was one of the peak years. We have a situation around 1914, then, when the best technology of the people of the Stuart and Fraser Lake areas - the weirs - had been taken from them, and the salmon supply had been so severely reduced that there was starvation and there were, for the first time, relief payments in the Stuart Lake area. | recall one report from a fisheries officer: for 30 families at Muart Lake there was a grand total of 200 salmon. In previous years the Hudson's Bay Co. was buying tens of thousands of salmon from these very who pay the 7% provincial sales tax. Her staternent of claim is based on the $4.38 sales tax she paid on her bi-monthly bill last December, which B.C. Hydro is required to charge alll customers according to provincial law. Since B.C. Hydro has a monopoly and cuts off electricity and gas for non-payment of bills, including the non-payment of taxes, Mra. Brown is asking the B.C. Supreme Court to declare that there is no authority to collect sales tax from Mrs. Brown and others like her for the hydro supplied to them on reserves, The lawsuit also asks the court to issue an injunction stopping the fur- ther collection of such taxes, and also asks that all such taxes, plus interest, collected by the Province in the past, be returned, The legal papers were filed by David Mossop on January 27th. He said in an interview that it could be months before a trial date is set, and with probable appeals by either side, a final decision may take years. In the meantime, though, he alvises other “status” Indians in Mrs, Brown's situation to “save your Hydro bills and receipts." The entire case is based on Section 87 of the Indian Act, which reads: “the following property is exempt from taxation, namely: a] the interest of an Indian or a band in reserve or HISTORY same people - in 1914 we have 500 salmon to feed 30 families. That's not enough to get by the fall, let alone the winter, But there was another factor: fur prices were beginning to climb, and about 1923-24 they were extremely good. Some of the bad effects of the loss of salmon could be off-set by high fur prices, but this was only a short-term solution because prices fluctuated. People in the interior and the Stuart and Fraser Lake area had no economic option but to become trap- pers in a very big way. NT: And when trapping declined their only option was relief, or welfare. DH: That's right. The fur prices peak in the early 1920's and again in the early 1940's. Until the fish ladders were built in Hell's Gate in 1945 there was not much of a salmon supply. There was some, but nothing approa- ching the pre-1913 years. One result of that loss of salmon - because people had to obtain food regardless of fur prices - was the shift by the Stuart Lake people over to Babine Lake, because the Babine run had not been altered by any slides on the Skeena River. Again, the fisheries officers tried to force the people off Babine Lake because they saw that as a pressure on the available salmon resources there too. NT: The ironic thing ts that the stereotype of Indian people as being welfare-dependent is true only insofar as they were forced onto welfare dependency by the fact that their own survival culture was destroyed and disrupted by the demands of business - this time the fishing business on the 16 January/February 1977 NESIK.A surrendered (ands; and 6] the personal property of an Indian or band situated en a reserve; and no Indian or band is subject to taxation in respect of the awnership, occupation, possession or use of any property mentioned in paragraph [a] ar (6) ..."" The total amount of tax involved is likely a substantial amount. Based on DIA estimates on houses on Indian reserves in B.C. (6,000), and the percentage that have electricity (86%), and, in the case of Mrs, Brown, the average yearly hydro bill (3400), the total amount collected from the 7% provincial sales tax from “status’' Indians in the last year was about $159,000, That figure is based on 1976 Hydro rates and does not take into account the rate increases that Hydro is requesting for 1977. (A petition is apparently circulating in the interior of the province from some Indian groups that are opposed to the rale increase, partially based on Section &7 of the Indian Act), Lawyer Mossop stated that he had net contacted the Federal Justice Department or the Department of Indian Affairs about their possible roles in the case. In addition to the sales tax collected on hydro bills, the province also collects the 7% on gs supplied to Indians from other than B.C. Hydro and from the payments due to B.C, 2 Ae Ties 4p Petrie fue, Fr, ipa Paes — Pee osak in Aner! We are grateful to the Northern Times for permission to reprint this valuable interview. We would also like to offer our belated congratulations to the erth- ern Times on the November publica- tion of their Sth issue. Concentrating on labour, environmental, native, and “development” issues, the Northern Times provides much-needed cover- age of these concerns. Worthwhile reading for those living and interested in northwestern B.C. The address is: S210A Kalum St., Terrace, B.C. the number of * Correction In the last issue of the NESIKA we reported that Godfrey Kelly, the past-President of the Council of the Haida Nation, was given a warm and emotional standing ovation at the jannual meeting of the CHN, “as he slepped into retirement’. We have since been informed that fir. Kelly did not, in fact, “‘retire’’, but that he has only “taken a year off" from active participation in CHN Haida Nation. activities, and that he intends to remain involved in the affaires of the Telephone Co, As for the tax on phone bills, Mossop said that a similar lawsuit would not be as straightfor- ward as there would be some additio- nal problems involved, Mossop added that the legality of the provinee’s 17 cents a gallon sales tax on gasoline could also be challen- ged, leading to the establishment of gas stations on reserves as a form of economic development, Considering the uproar that has been caused by the sale of tax-free cigareties on Washington State Indian reserves, one legal observer wondered why the sales tax issue hadn't been raised some time before. Another observer is confident that the tax issue will be won, but doubts that any of the tax money that was collected in the past will be returned to Indian B.C. Hydro customers. Mossop warns people not to expect a decision in a few months and is not expecting any injunction to be filed for some time either. He also advises against withholding the sales tax from hydro payments as a form of protest because Hydro can then shut the power off. He hopes that trial date can be set within a few months and the trial completed before the end of the year, with the final decision resting on the appeal process. March Date Set for Cut-Off Talks Representatives of the federal and provincial governments have finally agreed to a date to meet with the Cut-Off Lands Committee to begin settling the dispute over the wrongful taking of 36,000 acres of Indian reserve lands more than 60 years ago. The meeting between the three parties involved is tentatively set for March 18th in Victoria. The Cut-Off Lands Committee is composed of the 22 bands that had lands taken from them without their consent as a result of, and against the terms of, the McKenna-McBride Co- mmission of 1913-1916. Representing the Committee at the March meeting will be its Chairman, Squamish Chief Phillip Joe, and members Joe Mathias (Squamish), George Harris (Chemai- nus), Lloyd Wilson (Vernon), Art Peters (Ohial), and a representative of the Penticton Band. li was agreed by the representatives of 6 of the 22 bands at a meeting on January 20th, that the present leaders would represent and negotiate on behalf of the 22 bands. The other bands are expected to file written statements to that effect as well. Labour Minister Allan Williams stated in April of 1976 that the province was in agreement with the Committee's #1 condition for a settle- ment of the dispute - the return of all unencumbered cut-off lands. The len- gthy delay in holding a meeting of the three parties involved has been due to the federal and provincial govern- ment's failure to agree on a cost-shar- ing formula to settle the dispute, Committee Chairman Philip Joe “hopefully, the two governments have reached an agreement’’, and that the Committee representatives would be attending the March meeting only to learn the governments’ views and not to make a presentation. “Constitution” Splits Haidas Efforts to unify the approximately 5,000 people of Haida descent into the Council of the Haida Nation suffered a serious setback in late January as a constitution which gives only token involvement to “non-status’’ Indians and “‘off-island’ Haidas was adopted at a hotly-contested meeting in Skide- gate. Led by Skidegate Chief Philip Gladstone and Masset Chief Reynold Russ, a meeting called by the Skide- gate Band Council adopted a constitu- tion whose immediate effect would be to remove Lavina Lightbown as Presi- dent of the Council, Ms. Lightbown called the adoption of the constitution “illegal”. The Council of the Haida Nation (CHIN) has never had a constitution, but has adopted a number of policy matters related to membership, vot- ing, etc. The new constitution, as structured by Chiefs Russ and Glad- atone, is designed to overthrow the election results of the annual meeting of the CHN last December; return control of the CHN to the elected band councils; reduce the influence ol “non-status” Haidas; and all but eliminate the influence of “‘off-island" Haidas. According to the constitution, the Council of the Haida Nation would: 1) Have a Board of Directors of 16 people - 8 members appointed by the Masset Band Council and 8 by the Skidegate Band Council. In each case, at least 5 of the 8 appointees from each band council would have to be “‘stat- us"” Indians. 2) Have 3 Officers appointed from the Board of Directors - a chairperson, a co-chairperson, and a secretary-trea- aurer. All of these Officers would have to be “‘status’” Indians. 3) Allow ‘‘status”’ Indians (including people of non-native ancestry) to become full members of the council automatically. 4) Allow people of Haida descent (including the “‘non-status” Indian people) to become full members of the Council. In this case, their member- ship would have to be approved by the Council's Board of Directors before becoming valid. 5) Make 16 the minimum age for full membership. 6) Allow a member to withdraw his/her membership from the Council. 7) Allow for a member to be expelled from membership by a 44 majority vote of the Council. In a motion that was presented by Chiefs Russ and Gladstone, the con- stitution was adopted, according to local media reports, by a vote of 81-50. Another motion was then presented by the two chiefs and passed that placed the control of the CHN immediately into the hands of the two band councils until the appointments to the Board of Directors are made. Much of the current controversy stems from a demonstration last May 2th in Masset that was organized by Lavina Lightbown. About 100 Haida demonstrators were protesting the leasing of Crown land on the Queen Charlotte Islands. The Graham Island Planning Committee sided with the protestors and voted, at the time, to stop further land leases pending the settlement of the Haida land claims. The Skidegate Band Council was angered by the demonstration, partly because it was not authorized by the CHN, and threatened then-President Godfrey Kelly that it would pull out of the CHN unless her membership on the Council was suspended. Neither event happened, but the December elections to the CHN, which saw Ms. Lightbown elected President by ac- clamation after 5 other nominees declined to run, brought bitter feelings to the surface once again. Of the 4 people elected to the Executive at December's annual meet- ing, 4 were “off-island’’ Haidas, and the | islander elected, as it turned out, didn't live in either Masset or Skide- gate. (President Lavina Lightbown, who has travelled extensively on the Islands since the election, will be returning to live in Masset at the end of February.) the 22nd of January, The flyers that were distributed announced that it would be “a very important land- claims meeting”, and contained no mention of a constitution to be presented or considered. Many people, including some band councillors, were surprised when the constitution was presented at the meeting. Under the rules laid down by the Skidegate Band for the meeting was one that read: “the Chairman will not accept amendments to the motion (the constitution) as it has been decided by the two chief councillors that the issue is either the complete bh Since only one of the four was a ‘satus’ Indian, Skidegate Chief Phi- lip Gladstone said that the “‘status”’ on the Islands “felt as if they almost had no say” in what the Council was doing. He said that the efforts by the band councils to get a constitution adopted were brought up at the general meeting in December but kept "getting slapped down’”. He aaid that the whole idea of the constitution as it differs from past policy, is to get it controlled by the Roard of Directors and not in the control of just one person. Ms. Lightbown and the other CHN Executives have been trying to get their informal Board set-up accepted by the various bodies to be represen- ted. Based on both tradition and the past policies of the CHN, there would be 10 members on that Board: 2 each from the Masset and Skidegate Bands, 1 each from the Vancouver and Prince Rupert branches, the elected chief from both Skidegate and Masset, and the hereditary chief of both villages as well. As of the end of 1976 there were 9 7 times as many Indians living at Masset (1,096) than there were at Skidegate (413). In addition, DLA figures showed that another 521 “status” Indians lived off-reserve, or about 35% of the total “status” Indian population. An ‘early victim of the tensions following the December elections was Phil Watson, the 2nd Vice-President, who resigned his position. A meeting was held in Skidegate in early January which resulted in a vote being taken that called for new elections to be held for the CHN, but the “non-status" people present were not allowed to vote. A meeting a week later in Masset resulted in a survey being taken of the households in the village. The survey results showed a majority of people in favour of holding a new election, but Ms. Lightbown’s supporters charge that many households were not visited in the village, and that few, if any, of her relatives were polled on the matter. i The Skidegate Band then announced a meeting to be held in Skidegate on acceptance of the constitution or its rejection.” It also said that the constitution could be amended later by the membership once it was accepted. The debate over the constitution was short, angry, and confused. The meeting was asked to accept the entire constitution in one vote and the motion to adopt it was accepted by the 81-50 ywoue, The only other motion made at the meeting was another one presented by Chiefs Gladstone and Russ calling for the control of the CHN to be placed immediately into the hands of the two band councils until appointments to the Board of Directors are made. That motion was also approved by the meeting. , The Prince Rupert branch of the Haida Nation met to discuss the constitution two days later. The Presi- dent of the branch, Oliver Adams, said the meeting “‘did not approve” of the constitution for two reasons; the first being that there had not been proper notice given of the meeting, and the second that the people in the Rupert branch were “being excluded from active participation’ because of the band council appointments. A source that was present at the Rupert branch meeting said that all 58 people there voted to completely reject the constitution. The constitution was also, apparent- ly rejected “‘in principle’’ by a small meeting of the Vancouver branch of the Council, and a larger meeting is being scheduled to discuss it. When he was later asked about the complaints from the "non-status’” people that they would no longer be able to be an Executive of the CHN and complaints from ‘‘off-island”™ Haidas that their branches would no longer be represented on the Council, Chief Gladstone said that the whole issue would be up to the Board of Directors, and that it “may be just for this one year". He added that ‘‘non- status people keep complaining that they're not represented, but they are.”” As for equal representation of the two groups, he said that “you know what happens if there is equal representation - you get nothing but squabbles.” Until the two band councils are able to meet on the matter, he added there would be no “official” comment. He expects that such a meeting would be held in the near future. Chief Reynold Russ stated that when the two councils do meet as the interim Board, he is going to suggest that 1) Council meetings be held in Prince Rupert and Vancouver as soon as possible, and 2) the constitution be amended so that the appointments of 8 directors from each band will not be made by the band council, but by an election involving all band members. He also stated that the constitution will not be registered with the Socie- ties Act in Victoria until there has been more people input. Other than her comment at the January 22nd meeting that the adop- tion of the constitution was “‘illegal’’, Lavina Lightbown refuses to have anything more to say about it. She said that she and the other CHN Executives (Ted Bellis and Barbara Wilson) agreed that they would “just take steps to do positive things’ about the land claims, and that they “would not get involved in any more negative actions’ concerning the issue of the constitution. She noted that meetings are being held to develop a strategy concerning the Crown land/housing issue on the Islands, and added that work is continuing on developing an organizational structure for the CHN that would be acceptable for all Haida Many of Ms. Lightbown's suppor- ters argue that she was fairly elected at the general meeting in December and that her opponents, many of whom did not attend the annual meeting, are now trying to remove her as President by other methods. Where things stand now is anybo- dy’s guess. In the month following the meeting at which the constitution was adopted, the two band councilé were unable to hold a joint meeting. As of press time, a jocnt meeting has not been scheduled. Lavina Lighthown is still holding meetings on the Islands to discuss and begin work on the land claims issue, and still has a very large following who still recognize her as the President of the CHN. While the Skidegate Band Council is apparently entirely in agreement with the constitution, some of the Masset Band Councillors are not. Two of them walked out of the meeting after its adoption and are now circulating petitions rejecting the constitution and confirming the December election results. The situation seems to have both dangers and benefits. The possible danger lies in having most of the Haida people “turned-off" by the constant in-fighting and politicking, and refusing to become involved, If there is a possible benefit in the whole situation, it lies in the extra efforts that are being made to reach out to people who have never been involved in any way in the efforts of the Haida people to better their lives. Perhaps this great “‘silent majority” will become involved in the settlement of this relatively minor dispute, and more importantly, will stay on for the larger battles ahead. NESIRA January/February 1977 17 Bill Wilson A meeting scheduled for March 6th in Dawson Creek will likely determine whether a new organization represent- ing only the Metis and "non status’ people of the province will be formed. The meeting is being planned by Fred House, the past-President of the B.C. Association of Non Status Indians (BCANSI) for five years until he resigned in November, 1975, to run in the provincial election, Controversy surrounds the planned meeting since Fred House has had his salary and expenses paid for by the Native Council of Canada (NCC) since about the Ist of February. For most of the past year, House has been working for the Metis colony in Paddle Prairie, Alberta, The House family orginally comes from the area and he was born in Alberta, NCC President Harry Daniels insists that House was hired only to perform a “fact-finding study’ of the B.C. region. Daniels stated that he had received numerous complaints from “non status” Indians and Metis in B.C. that they hadn't been getting any information from the B.C, organiza- tion. In the annual assembly that followed House's resignation, the BCANSI organization changed its name to the United Native Nations (UNN) and voted to accept “status'’ Indians as full members as the sole mandate of the UNN was the aboriginal rights and land claims issue. UNN President Bil] Wilson, himself a “status** Indian, then led a walk-out of the UNN delegation at the NCC’s annual assem. bly last July. That assembly saw resolutions passed that prohibit “status” Indians from any involve. ment with the NCC, and as a result, the UNN officially withdrew its mem- bership. A reason for the "fact-finding mission"’, Daniels stated, was that many out-of-province people - mostly Cree - were concerned about their place in the B.C. land claims issue and whether they were represented in the new UNN. He said he had only heard in “general terms"’ of how they were represented in the UNN. Daniels stated that ‘'l have a national mandate to see if people are adequately represented, and if they are - fine, If not, then ["ll take measures to correct it.”” Although Daniels insists that House was hired only to determine whether the Metis and “non status"* Indians were properly represented in the UNN, all reports indicate that Fred House, in fact, is trying to organize a new Metis orgnization in the province. Several people who have spoken with House in the last month report that he has told them: 1) he is organizing a new Metis organization, 2) that fund- ing for the organization would not be a problem, and 3) after the organization is Off the ground and funded, he will return to Alberta, When asked about the reports, Daniels said he “couldn't Operate on hearsay"’, but thought that the idea of anew Metis organization was "a great idea - if you're a Metis,” Mr. House could not be reached for comment by press time. The UNN Executive and Board had not been informed or contacted about the “fact-finding mission’’, but Dan- iels noted that they were invited to the Dawson Creek meeting. A meeting of about 25-30 people was held in Invermere, B.C. in the Koot- enays regarding this same subject, on February 12th. The meeting had been arranged by several people who were unhappy with the new UNN constitu- tion that prevents non-Indian people from full membership in the organiza- tion, among them: Mr. and Mrs. Joe Howse and Annette Hambler, who had walked out of the UNN meeting in protest last June when the member- ship rules were changed. (Mrs. Howse and Hambler are non-Indians, and Mrs. Hambler is a former Board of Director for ECANSI.) Invited to speak to the Invermere meeting were NCC President Harry Daniels and Alberta Metis President stan Daniels. UNN Executives Bill Wilson and Ron George also attended, although they had not been invited, Annette Hambler is reported to have said that the membership issue brought about the meeting. While there was a confrontation between the two factions, there was no clear result, other than that the issue would be taken back to the Locals, A background paper was prepared by the UNN for distribution at the Invermere meeting that read in part: “that there has been some discussion about whether the people in this area should be affiliated with the UNN, with the old BCANSI, or should form a new Metis and Non Status group. "Some of the issues involved in- elude participation by non-Indian spouses, aboriginal rights and land claims, programs, status and non Status, out-of-province Indians, and the type of organizational structure desired. “During the rejection of funds period, many things happened which we should all learn from. For one thing, many of the people who had been formerly involved with BCANSI saw fit to quit the Association once the government funding came to an end. The BCANSI Executive - Fred House, Jamie Sterritt, and Doris Ronnenburg, along with one-third of the elected 18 January/February 1977 Native Perspective photo Harry Daniels Board members, resigned before the end of 1975. In fact, were it not for the commitment and unselfish work on the part of people like Bill Lightbown, Jim Lanigan, Terry Miller and others, who stayed on without honorariums and big salaries, BCANS! would have dis- appeared completely. “Despite the‘ fact that the huge BCANSI bureaucracy was dismantled, little or no visible change took place at the community level. It appeared that the only people affected by the rejection of funds were the people who lost their jobs in the bureaucracy and the Board members who wouldn't stay involved without honorariums, The funds had obviously not been used for the benefit of the grass-roots people, “Perhaps the most disappointing thing that happened during the rejec- tion period was the failure of all Indian groups in B.C. to work together. The members of the Union of B.C. Indian Chiefs in particular turned their hacks on their non status, Metis, and out-of-province brothers and sisters. “The June 1976 BCANSI assembly saw the lessons learned during the rejection period become part of a new policy and approach to organization, By a large majority, the assembly voted to: 1) open the membership to ail native Indians regardless of status or place of origin who are permanently resident in B.C. 2) change the name to the United Native Nations 3) pursue Aboriginal Rights and Land Claims for the benefit of all native Indian people in B.C. “True the UNN full membership is restricted to native Indian people. But, the UNN is a native Indian organiza- tion and as such, should be run by native Indian people. Non-Indian spouses should not feel excluded by the new membership definition. If a non-Indian does not feel included with the Indian wife or husband, it is perhaps the nature of the marriage and net the structure of the UNN that is at fault. “Aboriginal Rights and Land Claims was adopted as the mandate of the UNN and this has led to much confusion, Some people assume that this mandate excludes out-of-province Indians and somehow does not involve programs, This is not true. The UNN definition of Aboriginal Rights and Land Claims simply reduces to the building of a better place in B.C. society for aff native Indian people regardless of place of origin. This better place in society obviously must involve. all aspects of the society, We must, then, be involved in programs that will change the present conditions of native Indian people in society, The UNN actively encourages the develop- ment of programs at the regional and local level. No huge bureaucracy at head office is required. “Unlike the old BCANSI, it is UNN policy that only one member from any family may be on staff, Executive, or Board. In other words, no member of the President's family may be an Executive member, a Board member NCC Sponsors Meddling ‘or a member of the staff. “To us it makes no sense that people at the local level should have their decisions made at the national level or by people from other provin- ces. As people who have chosen B.C. 45 Our permanent home, only we have the right to make decisions affecting B.C. Carpetbaggers who do not live in the province and bureaucrats from Ottawa have no place in our organiza- Lion, “The idea of a new Metis and Non Status group has little to say for itself, If one was formed it would be very small as ulmost every native Indian in B.C. has already aligned himself or herself with one of the existing organizations. A new group could not look forward to any government money because it could not prove that it represented a sufficient number of people. A new group would likely find itself alone, And any politician trying to build a place for himself or herself in B.C. by forming a new group would have to make promises about things he could never deliver." Protesting against the NCC-spon- sored ‘meddling’ in B.C. native politics, Wilson fired off telegram to the Minister of the Secretary of State, John Roberts, on March 3rd, The telegram read: “Funds provided by your Depart- ment are being used by the Native Council of Canada in an attempt to undermine an existing Indian organi- zation in B.C. Harry Daniels, NCC President, is paying the salary and travel expenses of Fred House who is trying to form a "new" Metis and non status group in opposition to the United Native Nations. “Such action is clearly outside the constitution and by-laws of the NCC, and we would hope, also outside the policy of your Department. “The UNN as a representative body for non status, Metis, and out-of- province Indians in B.C., democratic: ally decided to cut-off relations with the NCC. Now we see an attempt to undermine this legitimate democratic process. “We would like to know if your Department condones such activity, Are the funds you provide to NCC to be used to create possible internal conflict among provincial and territor- ial native Indian groups? Is this all part of a divide-and-conquer tactic? "We hope not.”” As of press time, no answer from the Secretary of State Department had been received, A last-minute report from the meet- ing held in Dawson Creek on March 6th shows that the purpose of Fred House's travels in B.C. are to organ- ize a Metis association, and so far, that he hasn't gained much support. Speaking to the meeting, House made it clear that he was in the province to organize a new Metis association. After travelling through the Peace River region for the past month, Fred House was able to attract only 18 people to the March 6th meeting. Most of those that did attend were either related to him, or were associ- ated with the UNN. House announced that he would continue and that he is planning a similar meeting in Fort St. John in a few weeks time. Order 1036 Decision Awaited A decision by Justice Andrews of the B.C, Supreme Court is not expected until possibly April in the Lower Nicola Band's lawsuit against the Provincial Government. The first- ever action of a band suing the province for trespass was heard during 4 four day trial the week of November 8th. A court decision on the rights and powers of the province in relation to Indian bands and reseve lands will obviously have an impact that will extend far beyond the boundaries of the Lower Nicola reserves to every other reserve in the province. BACKGROUND The band’s lawsuit has part of its beginnings in the passage of an Order-In-Council passed by the Cabin- et of Premier Patullo in 1938, sup- posedly giving the province the right to take up to 1/20th of any Indian reserve for “‘roads, canals, towing paths, or other works of public utility or convenience’. The road from Merritt to Savona runs through two of the Lower Nicola Band's reserves, and the dispute began in the 196)"s when the provin- cial Highways Department announc 4 it wanted to widen and upgrade the road, meaning that the band would lose valuable acreage to the project. For ten years the dispute dragged on as the band and the highways department argued about the com- pensation that should be paid, The province had never changed their basic position of offering a settlement based on “X"’ amount of dollars per acre. The band did not want compen- sulion in those terms, and instead, wanted some type of economic deve- lopment for the reserve, as well as a certain amount of acreage to be set aside for the band to replace lands lost to the project that would be used for berry-picking, grazing, and ranch- ing. The Highways Department in early 1975 said they would not be making the road into a major highway project as planned but would only upgrade the road within its existing right-of- way. When they attempted to move heavy equipment onto the reserves late in the year, they were stopped by a fore: of band members led by Chief Don Moses. personally served then-Attorney-Gen- eral Alex MacDonald with a subpeona, hauling the province into court, and beginning the court action that was eventually concluded with the four day trial ending November 12, 1976. When the Social Credit Government came to power in late 1975, they indicated that they had no desire to fight the band in the courts over the issue and sought instead, an out-of- court settlement. Since the province had taken much the same route as previous governments, no agreement could be reached. Shortly before the case was set to go to court in mid-May, the Social Credit Cabinet passed Orders-In-Council 1487 and 1488, “resuming”’ portions of the two reserves. The passage of the Orders brought another adjournment to the trial. In a conversation shortly before the trial began, band lawyer Bill Worrall explained that the province had never before actually expropriated reserve land for a highways project, but instead, had gotten a land surrender and paid compensation. He noted that this time was different, since in the past, the province had only used the threat of Order 1036, This time, though, it was actually being used and apparently no compensation would be paid in what could be termed a “power play’’ to finally resolve the issue. Worrall stated, though, that if the band was successful in fighting its case, It would have no effect on other bands who had already lost lands to the province since they had all invelved land surrenders and not expropriation, He also noted that the band was secking clarification. of the terms of Order 1036 since several sections are “undefined’’. One of those is the provision for*up to 1/20th of the reserve to be taken, and Worrall wanted to know if this referred to 1/20th of the total acreage of the reserve, or whether it referred to the province being able to take 1/20th of the reserve every time it wanted land on the reserve. What began, originally, as an effort to win better compensation has widen- ed to challenge, for the first time, the legality of a 39 year-old government order. THE TRIAL Lawrence Page, one of the band's lawyers, declared that the B.C. Su- preme Court's decision in the case would affect “every Indian and every Indian band in the province’. Page began the trial with the facts that the people of the Lower Nicola Band have occupied the Nicola Valley since time immemorial. Beginning in 1868, he noted, they were placed on 918 acres of the Mamett Reserve, and T other reserves for the use of the now 400 plus band members. He stated that the reserves were established under the sole control of the Federal Government and the Indian Act, firat passed in 1874, and said that the case would be a question “of legislative competence, not ownership’. In the 19th century, and under the terms of the Indian Reserve Commis- aion, the provincial cabinet agreed to accept the reserves as then laid out by Commissioner Gilbert Sproat unless it otherwise objected. It didn't, as Page pointed out. In tracing the history of the reserves inthe Nicola Valley, the band's lawyer stated that the size and location of the Lower Nicola’s reserves were finalized by the McKenna-McBride Commis- sion, once it was agreed to by both levels of government. (McKenna was a commissioner appointed by the federal government, and Richard McBride was the Premier of the Province of B.C.). Page said the action by the province in 1976 to “resume"’ portions of the two reserves for the road widening was beyond the powers [ultra vires] of the provincial government. He said the provincial Highways Act is also [ultra vires] to the province because in both cases the federal government has the sole authority to deal with Indian reserves and land surrenders. With reference to the B.C. High- ways Act, Page declared that the provincial position was that the spend- ing of public tax money on a road meant it was a public highway and can be widened to a 66 feet right-of-way. He said, however, that the Highway Act only applies, in this case, to speed limits and the like, and not the jurisdiction or control of the road. Page's law partner, Bill Worrall, then stated the band's position regard- ing the two orders that were passed in 1976 (L487 & 1488), which supposedly gives the province the right lo take “at least 50 feet™ on either side of the middle of the road for the widening project. Orders 1487 & 1488 were passed by Highways Minister Alex Fraser and the Social Credit Cabinet and were based on Order-In-Countil 1036 and P.C. 208, both passed in the 1930's, Worrall began by noting that no federal Jaw was ever passed which approved Order 1036, giving the province the right to take up to 1/20th (5%) of any reserve lands under federal control for public works, He again stated that federal and provincial laws had been passed which approved the McKenna-McBride Agreement, which gives the authority for Indian reserve surrenders solely to the federal government and the band council, As for P.C, 208, he stated that the only power it has is as a law specifically approving the McKenna- McBride Agreement. He said that P.C, 208 “would be of no force and effect because it purports to give the province the right to take reserve land without consultation or approval. If Orders 1487 and 1488 were valid, then Worrall said they would not take effect until the band surrendered the lands in question because a surrender is required belore passage of such an order-in-council . Naturally, he continued, the band does not intend to surrender the lands, and won't allow the province to enter the reserve to survey the route to state exactly which lands are being request- ed to be surrendered, Order-In-Council 1086 states that land cannot be taken if it has homes, buildings or improvements, and evi- dence had been introduced showing that there were several homes, gar- dens, and root cellars on the land next to the roadway. Worrall stated that the provincial cabinet did not know which lands or building would be effected by the passage of the orders in council, and since they were acting in the absence of complete information, their action was ultra wires (beyond their power) and that the orders were not reason- able legislation. Worrall also stated that Orders 1487 and 1488 were uncertain since they said that aright of way of “at least 30 feet’ was needed. Order 1036, (the authority for 1487 and 1488) states that the maximum right of way is 66 feet, and Worrall said this could mean the government could ask for “200 feet" on each side of the road. He said the “Indians have the right to know exactly how much land is wanted"’ and called the two orders therefore, oid", Order 1036 states that road plans must be submitted before the passage of any orders-in-council taking reseve land, and since plans for the Merritt- Savana road widening had not been submitted, Worrall said the two orders are a “nullity” and not in accordance with Order 1036. He then questioned the basis of Order 1036 since it contains no provision for the resolving of any differences between the band, the Department of Indian Affairs, or the provincial government. There was also uncertainty in the date the orders were to take effect, Worrall stated since there was no date stated in the wording of either 1487 and 1488, meaning the effective date could mean immediately or when the land is surrendered and returned to the control of the province. Concluding the band’s case, Worrall said the federal government never approved of Order 1036 and the taking of Indian reserve land by the province, and therefore, Order 1036 is "void" If the court finds that Order 1036 is valid, though, Worrall stated that 1487 and 1488 are not valid because they lack the consent of the band in the form of a land surrender. He continued and said that “1487 and 1-488 are so ambiguous they are incapable of reasonable interpretalion’’ and are “uncertain, unreasonable, and void". And if the court decides the two orders are valid, then Worrall argued they would not take effect until the exact lands are identified and they do not give the province the right to trespass on the lands until there is an agreement by all three parties. Using the services of the law firm of Ladner Downes to defend themselves against the court action, the province argued that beginning with the McKenna-McBride Commission, both levels of government had agreed to the work in an effort to “‘setile all differences’ concerning the Indian land question. The province argued that the Crown actually holds title to all the land in the province, and by the passage of orders L487 and 1488, were only “regaining Dominion” or “reassuming™’ control of the land in question. Continuing, the province argued that when lands in B.C. were first granted to whites by pre-emption, they were granted under the condition that 1/20th of anyone's land could be taken . without consullation or compensation and used for public works. (In general practise, though, the province usually uses the authority of the Highway Act and negotiates the issue of compensa- tion with the land owners.) As to whether the orders passed by the provincial cabinet could over-rule federal law, the lawyer for the prov- ince said that they were not subord- inate pieces of legislation, and said the cabinet action was legal, although he admitted that it may not have been “polite” in terms of consultation. The lawyer also stated that the 50 feet of right- ol-way referred to in the orders “might infringe on some gar- dens” and might be “inconveniently close to some buildings’’. As a suggestion, the province then argued that the road could either be curved around the buildings, or the houses could be moved. Concluding, the province asked the court to declare that the government did have the right to pass the orders in countil and suggested that the parties involved later negotiate the details of road construction and compensation. The Federal Government's role in the case proved to be unusual. When the band originally sued the province, the Federal Government was asked to be a partner to the band in suing the province over the rights it claimed to take federal reserve land without the approval of the federal government. During the year that it took the case to come to trial, a great deal of confusion between the Department of Indian Affairs and the Federal Justice De- partment finally resulted in the band dropping the Federal Government as a partner in the suit and ending up with the Federal Government as a co-de- fendant in the case. - NESIKA | January /Febraary 1977 19 Yukon Talks Start A Negotiations between the Council for Yukon Indians and the Federal and Territorial Governments have begun again, but on a much different basis, The Twelve Communities called a “planning process"’. In the past, the three parties set [ot caow | wrirmrorst |! camcross [— moss riven Hpawson L LARD | down their basic negotiating positions and tried to reach an agreement from the three sets of positions, The planning process was proposed by the Government and accepted "on a trial basis’’ by the Council for Yukon Indians (CYI), The new planning process involved the CY setting forth | Tesune | xLUAne -fotanrncret PHLLY |] mavo |_[cammacs. | The General Assembly SIXTY ELECTED DELEGATES AND TWO APPOINTENS (YW, YANSI) | | The Board of Directors the goals and objectives of the Yukon Indian people and having a co-opera- V2 ELECTOR DIRECTORS TWO APPOINTEES: YUKON MATIVE BROTHERHOOD, YUKON ASSOCIATION OF HOM-STATUS INDIANS. tive attempt by all three parties to reach a satisfactory settlement of the halive people's goals. Heading up the negotiations will be | The staff and Negotiators a three-person Planning Council - CYI Chairman Daniel Johnson, Dr. John EXECUTIVE CHIEF MIGOTIATOR LEGAL CONSULTANT Naysmith representing the Federal Orfice MANAGER [J ENROLMENT OFFICER Government, and Commissioner Art Pearson represen ng the Yukon Terri- RESERACER THO eo NEGOTIATORS. AMAA A THs torial Government. The members of the Planning Council will be responsi- ble to their respective Executives and will have a number of working groups that will research and report to the Planning Council on specific subjects. Nepotiations inthe Yukon had been suspended since last summer when the CYL went through a re-organiza- tion. Community leaders in the Yukon wanted more people involvement and responsibility in the negotiations, and the talks were suspended while a number of constitutional changes were made in the CY] to that effect. The CYI is currently carrying out a community education and information program in the Yukon native commun- ities, The communications effort of the CY! involves six people producing written and audio-visual material to be used in a series of intensive workshops to be held in all native communities in the territory. In addition to distribut- ing information about all aspects of development and the land claims issue lo the native people, the communica- tions program of the CYI is also to 4 Notice of U NN Annual Assembly. | iat Ti TPT eat feet Soe Me Poe Pe Ae na ry ee mual Assembly. ‘| This is to inform you that the dates of the Annual Assembly have been =) changed. The Board of Directors had previously decided to hold the Assembly ey in Vancouver from June 10-13, 1977. At the most recent Board of Directors’ | |E] meeting it was decided to poll the membership of the UNN as to their | preference from among three other dates. The other proposed dates are: (ei beer ite fel vate | | conTact PERSONS IN EACH COMMUNITY | 1 COUNCIL FOR YUKON INDIANS 1) June 24-27, 1977 2) July 1-4, 1977 \ 3)July 8-11, 1977 =} _ You are asked to indicate your preference from among the three dates by 4 filling in the enclosed card-and returning it to us as s00n as possible. 3 =] 06 The Board of Directors also felt that a location other than Vancouver might & i be preferable. Places like Prince George, Williams Lake, Kamloops, & “) Penticton, Kelowna and others were mentioned as possibilities. A space has . location. : &j The Board of Directors further decided that the Annual Assembly should be fa =) more than just a ‘political’ meeting. It waa the feeling of the Board that we fg Bj all should attempt to make the Assembly a gathering where Indian peoples [e Ej can get together and share their separate cultures; including languages, q dances, songs, foods and philosophies. It is hoped that the gathering will E _ ide a forum in which Indian peoples can exchange ideas about Aboriginal & aj] Rights and Land Claims in all its aspects. Tribal or Regional presentations fy and displays along with films, video-tapes, works and speakers in © <1 addition to the “political” business will hopefully make the Assembly — qj] an event where Indian peoples can come to appreciate each others’ F 4 differences while helping each other to work towards solutions to common & =| The Board and UNN head office will require a great deal of assistance from “y everyone in preparing for the Assembly. We are. asking you now to start =j thinking about how you can help make the Assembly successful. E =| Weare presently considering how we may best use what money we have § =j available to ensure that as many Indian people as possible can get to the & 4) Assembly. We are trying to encourage people to bring their children and all & a1 other members of their family as well. - 3 We are exploring the idea of renting buses to bring people from all parts of B) the province. We intend to provide camp grounds for those who do not want E 3] to, or cannot afford to, stay in hotels. # As mentioned earlier, we look to all of you for help. You may begin such 4 j assistance by filling out the card and mailing it back to us. All it requires is a F 4] minute of your time and a lQcent postage stamp. a 4 Thanking you in advance, | remain, Yours truly, : Bill Wilson, 4 President UNITED NATIVE NATIONS & | been provided on the card for you to indicate your preference for the 4 gather the reactions and feelings of the native people about these issues and report them to the CYI. The first such community workshop was held in Watson Lake in early February. While the land claims negotiations are to be dealt with in the planning process, the Planning Council has been empowered to deal with side issues such as education, health, social RETVICES, GLC. The Yukon land claim negotiations stem from the 1972 presentation of their basic position to the Federal Government called "Together Today For Our Children Tomorrow", and CY Executive Director Paul Birckel states that their basic position - the goals that the governments are now trying to ® achieve in the planning process - hasn't changed very much. The February issue of the Stale Nation News summarized some of the CYI's proposal to the government: 1)The basis of eligibility to partict- pate in the settlement is '4 Indian blood, with ancestry in the Yukon back to 1941, 2) A Yukon General Native Council will be established to control the monies received from settlement, and the responsibility and control of the assets and cash will be gradually turned over to the local native com- munities, 3) A Central Indian Fund will be established, with 15% of all taxes and revenues collected by the government from fishing, logging, and industry, to be paid into the fund. It is also proposed that 3% or 5% of the fetal vaiue of all oil, natural gas, and mineral production be paid into the fund. 4)Lands selected by each village will include the surface and sub-surface rights and cannot be sold by the village councils, That same report stated that “after 10 years, all DIA programs are to be turned over to the Yukon General Native Council, with no guarantees of continued Federal funding.” Also included as part of the Indians’ proposal was the statement that: “alter 25 years, Indian lands are taxed and Indians must pay income taxes and all other local taxes."* CYI Executive Director Birckel alates that the last two stalements are not true and that they may have been confused with what the Yukon Terri- torial Government was suggesting as a model for settlement. Under the new planning process, the Territorial pro- posal and the Federal proposal (similar to the James Bay agreement) are no longer being discussed. NESIKA Is your address label red-cireled? If so, then this will be the last issue you receive until we hear from you. While we would appreciate a dona- tion, this is net a demand for money, but a demand for greater involvement from our readers, If you want to continue receiving the paper, then we are asking for some involvement on your part by contributing something to the production of the next issue. Almost anything will do - articles, letters to the editor, photos (pictures from magazines and newspapers will do), press clippings (name and date of paper included), artwork, mailing lists (postal codes too), change of address, minutes of meetings - even money will do. Thanks to the generosity of many who cared to send along a donation recently, we were able to meet this issue's type-seting, printing, and pos- tage bills - about $950 this time. Since these expenses are not government- funded, we must rely on our readers for support to continue publishing, The next issue won't be type-set or printed until enough money in dona- § tions is received. Likewise, the paper won't be mailed out until the dona- tions cover the postage bill, The aim of this paper is to be an independent journal devoted to the land claims movement, and more importantly, to the survival of Indian peoples, Indian cultures, and Indian Nations. It is meant to be an open forum for anyone to discuss any bookkeeping, teller, and typing duties for the B.C. Native People’s Credit Union, Previous banking or credit union experience an asset. Resumes | must be submitted to the President, J B.C. Native People’s Credit Union, #415 - 193 East Hastings S1, Vancou- | ver, B.C., by April 1, 1977. CORNER matter related to the land claims theme, and everyone is invited to take part. One problem we experienced this issue was our inability to cover a number of recent developments in the land claims field - the negotiations with the Stuart-Trembelur people, the Musqueam Endowment Lands Claim, not to mention, the several new developments with the Inuit, Metis and Dene people in the N.W.T. Our efforts to cover land claims develop- ments in distant places are hindered by the thousands of miles that separates us from the tar north and east. Readers in those areas can help us report news from your area by sending us the information we would not ordinarily see here in Vancouver. This issue was produced with vol- unteer labour by native people who are concerned and involved in the land claims movement and you are invited to help them: Fern, Shirley, Pauline, Brian, and Jean. Help Wanted Mature person wanted to handle
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