Nesika: The Voice of B.C. Indians -- Spring 1977

Transcription (Hover to view)


published by
the
UNITED NATIVE NATIONS
Spring Issue 1977

A JOURNAL DEVOTED TO THE LAND CLAIMS MOVEMENT











George Manuel elected as Native Brotherhood President Johnny Clifton signs
resolution at Coalition formation ceremony.

Union of B.C. Indian Chiefs | | Progess Stalled After Native
Assembly Elects Manuel, | Brotherhood, Alliance, and the
Approves Commission | U.N.N. Form Coalition

pages 8,9,10 ts









Z

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If your address label is circled in red,
see NESIKA Corner: on page

-1451 West Broadway
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Vancouver, B.C,
telephorie: 732-3726

if undeliverable,
please return to:
NESIKA

#201









Carrier Notes

NESIKA:

It appears that many chiefs feel
that a non-status Indian has no right
to land claims and aboriginal rights.
Pell, they are wrong!!! An Indian
living off-reserve, or a non-status
Indian have these rights in the eyes
of the traditional Indian people who
practise aboriginal rights at potlatch-
es, death and funeral rituals.

The Carrier Indians in the areas of
Fort St. James, Takla Lake, Babine
Lake, Lakes District, Smithers, Tel-
kwa, Moricetown, Hagwilget, Fraser
Lake, all the way to Prince George,
all practise aboriginal rights to the





Well, it’s about time!

No doubt that thought went
through many of our readers’ minds
as they picked up this issue of the
paper, and it was exactly our thought
as well as we saw the last of the
issues disappear down the mail
chute.

Not long ago, one of our complaints
was that there was nothing happen-
ing in the land claims and aboriginal
rights movement, but the past sever-
al months has dramatically reversed
that situation. For us, the past
several months have been a frantic
scramble to keep up with news
events; attend meetings and confer-
ences; re-writing articles as new
developments occurred; and trying
not to get more than 5 or 6 weeks
behind in our correspondence, book
orders, subscriptions, and the like.

In trying to keep up with the rush
of events; cope with the problems of
financing this issue; and satisfy
readers’ demands; we soon found
that there wasn’t enough money,
resources, people, or hours in a day
or days in-a week, to do the job that
we would like to have done.

However, we are pleased with the
fact that this issue is 24 pages long,
compared to the 16 page NESIK.A of
just a few months ago. One explana-
tion for the length of time between
this issue and the last, is that an issue
that is 50% longer requires not only
20% more paper, but 50% more
time, money, and energy.

We interrupt these excuses for our
lengthy absence to bring you a
commercial message... '

The editors were tempted several
times in putting together this issue,
to tack on a little notice at the end of
several of the articles to encourage
concerned readers to do a number of
things.

We were going to ask that such
people take the appropriate action in
each case, by either: writing for more
information; attending meetings on
the subject; writing their M.L.A. in
Victoria and their M.P. in Ouawa
about their concerns; holding meet-
ings and discussion groups and
inviting guest speakers; getting fel-
low members of church, labour, and
public interest organizations to pas
supportive resolutions; and lastly,
contributing materials, services, time



full extent, as it has been i
generations.

In ancient times, these were the
long line of hereditary chiefs, who
have gone to their reward, but are
remembered by totem poles and
headstones. These by-gone chiefs
practised aboriginal rights to the
fullest extent. Today, they are replac-
ed by the elderly successors and
descendents. These rights are prac-
tised on the same principle as the
Monarchy, government officials, and
army commanders, where you have a
head spokesman who have the exper-

and,'or money.

Many of the articles featured
native groups and issues that need
that type of support, including: the
Nazko and Kluskus people; the
Stuart-Trembleur people; the Lower
Nicola Band and its fight against
Order 1036; the beginnings of the
Shuswap, Tahltan, and Carrier Na-
tions: the Cut-Off Lands Committee;
the U.N.N. Assembly; Leonard Pel-
tier; the Kitimat Pipeline Inquiry; the
Alaskan Highway Pipeline Inquiry;
the B.C. Working Group's Morator-
ium Conference; and even, the
NESIKA.

But, instead of that, it was
decided to replace the many little
“commercials” with the thoughts in
this space.

We thought we might save some
space and probably a little aggrava-
tion on the part of some, or many, of
our readers. After all, having to read
over and over again the appeals for
time, letters, and money can

aggravating, and it certainly can be
frustrating for well-intentioned peop-
le who are at a complpete loss as to
where to start to pitch in and help
straighten out this mess.

Nobody could do all that is asked of
‘concerned people’ by all the groups
involved, and still keep a ‘spirit,
health, mind, job, and family togeth-
er.

To those who are just learning
what land claims and aboriginal
rights are all about; this column, and
every issue of this paper, is an open
invitation to become actively involved
in them.

However, to the many people who
only see themselves as merely obser-
vers of our struggle, this is more than
an “‘invitation’’. it is more than a
request, and it is not a request for
small change or a token and mean-
ingless gesture of support. It See
from the many voices thal speak"to
you through these pages to become a
participant in a struggle that will
directly influence the lives of all our
children and the future of Indian
people.

Far too many react to the news of
the different events in the land claims
and aboriginal rights movement with
surprise, fear, anger, disappoint-
ment, or frustration. The point is that



2 NESIKA

eS

Spring Issue 1977

=

at the potlatch hall, or long house.
For instance: ~

Tribe (A) - Git-dun-teha, their

sal symbol being ‘the black bear, wolf,

lence as ae een the siting
chief's death, he is immediately
replaced by heir, who he has named.

As an example, let’s take the
Carrier tribe of the above area. These
Indians are known in the Carrier

language as ‘““Witt-tsoo-witt-in’’,
which means “First people settled
here”’.

They practise their clan (tribal)
system in this manner: They have
five tribes, or clans, with all its
members hating chief or subsidiary
titles and all seated at specified
places beside their respective leader,

they (we) are reacting and not acting
on the issues. ae AEP odes

A final resolution of the aboriginal
rights question, and whether Indian
people will once again become mas-
ters of their own fate and masters
again of their own land, will require
the efforts of everyone devoted to the
Cause.

It’s not too soon to become
involved; but it could soon be too
late.

Is your address label red-circled? |

If so, this will be the last issue you
receive until we hear from you.

While we would appreciate a
donation, this is not a demand for
money, but a demand for a greater
involvement fro our readers. If you
want to continue receiving the paper,
then we are asking for some involve-
ment on your part by contributing
something to the next issue. Almost
anything will do - articles, letters to
the editor, photos (pictures from
magazines and newspapers will do),
press clippings (mame and date of

uper included), artwork, mailing
lists (postal codes too), a change of
address, minutes of meetings - even
money will do.

It will cost about $1,000 to typeset,
print, and mail this issue; money that
has to come from our readers’
pockets since the operations of the
NESIKA are not government-funded.

Speaking of government funding,
we would have liked to have printed
in this space a thank-you to the Hon.
Grace McCarthy and the First Citi-
zen’s Fund for granting the NES/KA
about $15,000 to but a typesetting
machine, some camera equipment,
and a typewriter; but we can’t. The
Indian members of the Advisory
Committee approved our request
some time ago (thank-you). In this
case, a recommendation from the
Advisory is usually routinely ap-
proved by Ms. McCarthy as the
Minister responsible for the First
Citizen's Fund. In our case, however,
she asked to see a copy of the latest
issue, and after receiving it, wrote to
say that our request was denied.

We must be doing something
right.

This issue was produced by native
people who are concerned about and
involved in the land claims move-
ment, and you are invited to help
them: Pat, Joanne, Sandra, and
Brian.

and grizzly bear, headed by Chief
Gis-deh-weh, and seated beside him-
are Chief Whauss and Chief Mad-
deek.

Tribe (B) - Lah-tsam-mus-you, their
symbol the whale, grouse, and moon,
and headed by Chief Smogehlgem,
supported by Chief Tsai-bai-sai, and
Chief Namox.

Tribe (C) - Lak-seel-you, their
symbol the caribou, frog and geese,
headed by Chief Woo-dah-git, and
supported by Chief Hagwil-nehgl,
Chief Woo-dah-kwutz, and Chief
Dseeh.

Tribe (D) - GhAil-tsey-you, their
symbol the wolverine, frog and night
hawk, headed by Chief Nay-dee-Bee-
s, and supported by Chief Wah-leeh
and Chief Noose-tehl.

Tribe (E) - Tsah-you, their symbol
the mountain goat and beaver,
headed by Chief Kweese, supported
by Chief Muht and two other chiefs.

A tribe can not marry within a clan;
it would be like an intermarriage and
would not be allowed. The tribes as
described above, with their chiefs
and members, control all the land in
the Carrier territory. The traplines
were divided up in this manner

| amongst these groups. Every inch of
| land was controlled in this manner

long before the white man’s time.
Our Indian forefathers practised this
same ritual, generation after generat-
ion. These tribes paid large sums of
money, food, and goods, for their
chief titles, their traplines, and they

| were dignitaries in their tradition,

and still honoured.
continued on next page

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Carrier Notes cont.

The Indians do not recognize such
things as status or non-status under
the aboriginal rights system, all are
equal. It is only the Federal Govern-
ment who put such a label on the
North American Indian. We believe
the Government does not understand
the aboriginal nghts system, neither
do our younger Indians and the
non-Indian populace. The modern
Indian does not know the potlatch
system. When death or tragedy
strikes the family, then the Clan
gathering shows their generosity and
helps the bereaved family; buying
the casket, funeral expenses, debts, a
true form of Indian democracy. We
believe the Indians of other tribes
have similar patterns. These rights
can not be sold at any price, nor can
they be distinguished. It is a birth-
right.

Please Note - the above document-
ary is for information purposes only.
All decisions are made at Tribal
gatherings, on all issues. We believe
the attitude of the average Indian is
that he wants the media to recognize
his aboriginal rights. As far as we
know, we have never conquered, but
have been deprived of our heritage.
The monarchy, government, the
churches, do not wish to recognize
our rights. In fact, some of the clergy
tried to stop our traditional rights, for
what reason we do not know.

At times, when land claims and
aboriginal rights are circulating th-
roughout the country, it seems none
of the elder chiefs know what it is all
about. WHY? They should be consul-
ted and made aware of what is
happening to this Land of ours.

Andrew George, President
U.N.N. Local 114
Telkwa

NESIK-A:

Attached is the constitution of the

ABORIGINAL Society.
CONSTITUTION
| The objects of the Society are:

1) To promote the brotherhood, the
unity, and the spirituality of all hving
things in North America.

2) To honour and protect the
indigenous peoples, their rights,
their resources, their beliefs, and
their relationship to the land, the sea,
and the forest.

3) To bring about change in the
values of many people in North
America, from that of: “progress”
meaning growth of the Gross Nation-
al Product, to that of - HUMAN
PROGRESS, under which the great-
est wealth will be in a society that
educates and assists all humans in
discovering a deep sense of meaning
and purpose in their lives.

4) To value a society that allows
individuals to choose a lifestyle that
adds meaning and purpose to their

private lives - rather than promoting ~

the gross over-indulgence in consum-
er goods, drugs, and alcohol, as
means of escape.

5) To search for a new economic
and social order that will allow
creative people to develop a society
that places first - the importance of
people loving each other, and them-
selves; of people sharing both the
rewards and trials of life; and of
conserving the natural resources of
this country, rather than - the
protection of giant corporations; the
economic security of the landed rich;

and the making of decisions for
political expediency.

7) To celebrate each year - ““Twen-
ty Thousand Years of Living in
Harmony with Nature in North
America’. This celebration will take
place each year, when the rebirth of
nature's living things is flowing
strongest.

8) To fight for social justice wih
Pride and Dignity - rather than
through war and destruction; and to
use reasonable argument rather than
confrontation, in seeking change.

9) To honour the mothers of our
tribes who have steadfastly held and
preserved the culture of the indig-
enous people of this continent.

IV There shall never be any pur-
chases, acts, or compromises, that
will acquire real property in the name
of this society.
BY LAWS

Article ] - Membership

1) All persons of native ancestry
may be members upon their self-de-

claration that they are proud of their -

heritage and wish to preserve the
dignity of their tribal customs and
beliefs without fear or favour.

2) Associate members may be
non-Indians . -who subscribe to the
Aims and Obj of this society,
and who observe the free and
ecumenical nature of the member-
ship.

3) Membership shall be renewed
by the act of spending at least one
week each year in a wilderness area
of the mountains. this week,
the member shall rest in the solitude

of the mountains listening to the
- inner voice which is that of the Great

Spirit, and shall make peace with all
living things.
Article 2- M 1S

1) Meetings sat be. held when-
ever two or more members wish to
discuss ways and means of furthering
the objects of this society.

2) There shall be no regular
meetings, no election or officers, no
payment or dues or fees. The
“church” shall be wherever a mem-
ber speaks or acts in support of, or in
accord with, the constitution and
by-laws of this Society. All active
members shall be officers of this
society with equal authority and
responsibility.

3) Dues shall be deemed to be
paid whenever a member speaks to a
public meeting in support of one or
more of the principles outlined in the
aims and objects of this Society.
Article 3 - Loss of Membership

1) Any member who collects fees
or membership dues, or who attempt-
S$ to organize a religion among the
membership shall no longer be a
member.

2) Any member who displays acts
of petty jealousy or hatred toward any
person, shall no longer be a member.

3) Members who wish to be

- reinstated may do so by seeking the

advice and counsel of an elder who is
also an active member.

4) No lists of members will ie
kept or recorded. Members will know
in their own hearts “who they are’’,
and will be guided by their consc-
ence. There shall be no. agents

between them and the Great Spirit.

‘Article 4- Philosophy:
Members of this Society shall try to
live in harmony with man and nature.



True living shall be to work and play
in an extended family setting, where
the family is placed before self, and
the self before false_ values and
material wealth.

Members will always seek out the
truth of all matters before giving an
opinion. Life can be easier if expecta-

tions are not excessive; it can be -

satisfying and fulfilling if one eats,
drinks, and spends money and ener-
in- moderation.

Freedom and Justice shall always
be the goals of all members of this
Society, and shall always be observed
when either an individual member of

a group is pursuing the objects of the —
Societ

basen is never regretting act-
ions or words, or wishing for the un-
attainable. Common sense and your
conscience shall be your guides. You
must make the most of Today for
Tomorrow may lead elsewhere.

I look forward to hearing from
anyone who is interested in further
discussions, or the possibility of
attending ecumenical RETREAT, in
July, here in the mountains of B.C.,
to study themselves, and to seek a
deeper sense of meaning and pur-
pose in their lives.
Butch Smitheram

Kelowna

Make a Stand!

Reprinted from the Victoria BCANSI

~ (ULNLN.] Local 12] New Year's
4%: fadeees

hee tee
re =

“Too many of you are eeuthig in ait
of your TV sets and-just allowing the
world to pass you by. Why not? That
is by far the easiest thing to do; let
someone else fight your battles.

But, perhaps you should visit a few
of the elementary schools before you
make up your mind to do nothing.
Go, and see what a really hard time
our children have if they are not
properly prepared to deal with a
schoolful of non-Indians.

Children learn at a very early age
that if they keep still, and if they are
lucky, maybe no one will notice that
they are there; or moré specificly,
perhaps they won't notice that they
are Indians. Many of our children are
on remedial programs, not because
they are dumb or stupid, but because
they are withdrawn. Why not? It is
the only defence that they have - after
all, don’t they see the adults in their
lives doing the very same thing?
Except that they do not withdraw into
themselves, they usually turn to the
idiot box or Jiquer, -and pretend that
everything is just fine, exactly the
way they like it.

HAH! Don’t you believe it: It is

just another form of a sell-out. Let the.
kids fight their own battles. So what
if they have 150 years of derogatory
history to live down, they will
survive. Thatseems:to be the attitude
of many parents.

But, will the children learn to live
with it? Should they (and you) have to
live with the lies that our children are
forced to learn in their Social Studies
books?

Recently (1974), I witnessed a
frightening experience: an éxperi-
enced teacher, the holder of two
hanaversity degrees, developing with
her grade 3 class, a Social Studies
lesson on food. On a huge outline
map of the world the class had, with
the teacher's. assistance, noted the
areas from which various foods
originated.

It was with interest that I noted
that corn had originated in Egypt,
potatoes in Ireland, turkeys in China,
and peanuts in Chana. This writer
became involved when the teacher
and students couldn’t agree whether
tomatoes originated in France or
England (actually with North Ameri-

dians).

(Cal

When this writer asked the class
what they thought the Indians ate
many years ago, the class waved
their hands with enthusiasm and said
they knew because they had studied
Indians. Indians, it appeared, ate
wild animals, and when they weren’t
any -animials, they sometimes ate:
each other. One boy reflectively
noted that he thought Indians were
cannibals only when there weren't
any settlers to steal from.

Two little girls, who were obviously
of Indian ancestry, said nothing, but
looked steadily at their desk tops.
They had already learned how to play
the game. Keep absolutely quiet and
maybe the other students won't
realize you are there. However, their
dejected appearance indicated they
were thoroughly ashamed of being
Indian.

Hardly being in a position, as a
guest of the teacher, to point out to
the class that. they were. learning
incorrect facts, | drew them into a
discussion about rubber. After draw-
ing a facsimile of a rubber tree and
showing how the sap was collected
from the trees, I dealt at some length
om how the Indians developed uses
for rubber. The class was amazed
that white people knew nothing of it
before coming to America...

It was with interest that I noted
that the two little Indian girls had
stopped staring at the tops of their
desks and were instead watching me.
I suspect that it was the first time
they had heard anything positive
about Indians.

What [am trying to tell you, is that
if you want your children to succeed
at anything in the world today, you
have to give them something to cling
to, MAKE THEM PROUD TO BE
INDIANS.

Are you proud of your Indian-ness?
Or do you too hang on your head and
live with the shame of being Indian? |
If this is your attitude, then we will
still have a long way to go before We
begin to win the battle that we 4re

involved in. THIS MUST STOP. If we

are going to succeed, we must ll
make the supreme effort; perhaps 4
few sacrifices are in order.

Make time for the things that will
help you and your family to be a more
complete unit. Be proud of. your
Indian-ness. Hold your head up high,
look everyone squarely in the eye and
don’t be ashamed of being yourself.
IT IS LONG PAST TIME TO MAKE
A STAND.

Barbara Higgins

Fiectoria



Gartae Issue 1977

NESIKA 3

t = b

The Buffalo is Gone...



The enormous fish runs of years
ago are legendary. The first Euro-
peans who saw them wrote of almost
being able to cross the rivers on the
backs of the salmon returning to the
rivers to spawn. Even today, despite
the destruction of the spawning beds
and the fish runs by pollution,
mining, logging, and industrial act-
ivities, the salmon still return to the
rivers flowing into the coast by the
millions.

But, what if the salmon were to
disappear?

Ifthe thought of millions of salmon
disappearing from the rivers and
oceans seems impossible, then per-
haps a reminder of what happened to
the buffalo on the plains and prairies
should be a lesson. The lesson to be
learned is not so much what happen-
ed to the buffalo, but what happened
to the Indian people as a result of
their disappearance.

At that time, the buffalo provided
Cree, the Sioux, and others, with
almost everything needed to exist on
the prairies - food, clothing, shelter,
and tools.

The Indian hunters on the prairies
were part of a fine balance that was
worked out over centuries with the
Indians hunting on foot and using
whatever method to trap or stampede
the buffalo to make their kills. That
balance was still not basically chang-
ed when the hunters began using
horses as part of the hunt, since they
still had to rely on food-gathering for
part of their diet, but could now take
the buffalo with less effort.

Will the salmon

What made the buffalo disappear
were the greedy interests of people in
far-away cities that saw the buffalo in
terms of dollar bills and did not think,
or care, about the results of their
actions on the local Indian people.

Until the year 1871, buffalo hides
were untannable and the animal
wasn't considered valuable. In that
year, though, a process was invented
that made tanning the hides profit-
able. From 1870 to 1875, then
commercial buffalo hunters killed
124% million buffalo, taking only the
hides and leaving the meat to rot.

~ Astampede of fortune-hunting city
people rushed westward to take part
in the easy riches, and the value of
a good hide soon dropped to $1.25
However, as the giant herds started
to thin out and the animal disappear,
the price went up. In the five years
before 1885, the numbers of hides
shipped out of the Dakota Territory
dropped from 500,000 per year to
only 300, so that a good hide sold — for
$75 by 1885.

So the buffalo, which once covered
North America in the millions, were
reduced to a few hundred. Now
protected by law, the animal is
making a minor comeback from the
edge of extinction.

Their comeback is of little comfort
to the Indian people who once
depended on them, for the loss of the
buffalo brought drastic and irrevers-
ible changes in their lives.

The first and most obvious. change
was in their diet. Unable to provide
themselves with an alternate source







be

‘of food, the Indian people were
forced to turn to the hand-outs of the
Indian Agent. From a diet of wild
meats and gathered plants, nuts, and
berries, the Indian people were
reduced to eating mainly flour, lard,
bacon, and beans.

While their natural diet nourished
them’ so that they were taller and
stronger than the white men in the
armies that were sent to fight them,
their new diet lacked protein and
vitamins, and has given them heart
disease, diabetes, and obesity. The
diet that today’s welfare payments
provides still leans heavily on fats
and starches.

([f the Government gets ils way in
land claims negotiations, they will
restrict the right to hunt or fish for
food to those people who can prove
their dependence on such a food
source. In other words, people on
welfare will not have this right and
will have to continue eating stare-
bought and inferior foods.)

More important than the change in
the prairie Indian people’s diet,
though, was the change in their
lifestyle.

Once, they were free to roam their
tribal lands in small bands as part of
the search for food, usually with a
huge gathering of the whole Nation in
the fall of the year. Once the buffalo
disappeared, though, they were forc-
ed to live in town-sites near the
Indian Agent and the government
source of food. The men were
deprived of the chance to support
their families and there was little left

next?



‘but to become slaves of alcohol and

the welfare system.

The threatening possibility that the
same fate awaits the Indian people on
the coast as happened to their
brothers and sisters on the prairies
seems all-too-likely.

The Salish, Nootka, Kwawkgewlth,
Bella Coola, Haida, Tsimpshian, and
Nishga people used to get most of
their food by mainly fishing the rivers
and river mouths and also gathering
other foods from the land. Like the
horse, the invention of the steam and
gasoline engine meant life could be
easier since the fisherman could get
more fish with less effort.

But the reason for today’s low fish
stocks, compared to only 60 years
ago, is not the use of the gas engine.
The reason is the same - the greedy
exploitation of a natural resource for
money. Scores of canneries sprouted
up along the coast and the numbers
of non-Indian fishermen grew to the
point that Indians now make up only
15% of the commercial fishing fleet.
Having to compete with non-Indian
fishermen the Indian people on the
coast no longer fishing the river’
mouths, but are msking their lives
and. half-million dollar investments
on the open seas; and are fishing not
for food, but for money.

Like the buffalo, many nutritious
parts of the salmon are no longer
used to suit the tastes of the
suburban housewife in
Toronto, Much is lost when the head,
eggs, etc. are not used by the
canneries. In the case of ‘herring,

continued on next page

James Bay Fight Almost Over

The fight against Bill C-9, the
federal legislation finalizing the
James Bay Agreement, is all but
over,

It recently received third and final
approval in the House of Commons
and now only awaits debate in the
Senate and proclamation by the
Governor-General, both considered
formalities, to become law.

The eventual proclamation of the
bill will make the terms of what
almost all native leaders denounce as
a “beads and tnnkets"’ settlement,
official and irreversible.

The leaders of the Cree and Inuit
people who negotiated the Agree-
ment will be pleased at its enact-
ment; satisfied in their belief that
they got the best deal possible under
impossible circumstances.

The impossible circumstances that
the Cree and Inuit had to face was
having to negotiate with a gun to
their head. The Government of
Quebec and Hydro-Quebec held a
gun (the monstrous James Bay power
project) while the Federal Govern-
ment looked the other way and
ignored the native requests for help.

A year-and-a-half long court battle
to stop the project was successful for
only eight days, as an injunction
stopping it was lifted because it
would be “‘inconvenient”’.

Faced with the continued construc-
tion of the project; with little or no
help from the Federal Government or
the courts; the Cree and Inuit took
over the negotiations from a provin-
cial Indian organization, and within
three months, signed an Agreement
in Principle. Acting under tremen-

dous pressures to have an Agreement
signed before the Crees returned to
‘the bush and their traplines for the
winter, and before construction
reached the point of no return, the
Cree and Inuit were successful in
getting major changes made to the
James Bay project that would lessen
its size and impact on the environ-
ment.

The other parts of the settlement
were provisions for limited native
autonomy in the region, as well as
the $225 million cash.

The natives represented by the
Grand Council of the Crees and the
Northern Quebec Inuit Association,
and the governments and the cor-
porations, are all satisfied with the
Agreement.

However, to the thousands of
natives who fought against the bill,
its proclamation will add one more
chapter in the history of Canada’s
shabby treatment of the native
people in that area.

As a result of the James Bay deal,
and Bill C-9, close to 4,000 Indians
and Inuit who were not represented
during negotiations and who do not
agree with Final Agreement will have
their rights extinguished in their
lands in the James Bay territory.

The list of those so affected is
extensive and includes: the Inuit
village at Port Burwell, NWT; the
Inuit villages of Povungnituk, Sugluk

and [vujivik in northern Quebec; the

2,000 Inuit people in the villages of
Nain, Hopedale, Postville, Rigolet,
and Makkovik on the coast of
Labrador in Newfoundland; the Nas-
kapi Indians at Davis Inlet, and the

Naskapi and Montagnais Indians at
‘Northwest River, Labrador; and the
'Naskapi Indians at Schefferville,
Quebec.

Some of them - the three Inuit
villages of northern Quebec - will
receive the “benefits’’ of the settle-
ment although they:

1) removed the negotiating auth-
ority from the Northern Quebec Inuit
Association which signed the Final
Agreement which clearly includes
them:

2) boycotted the ratification vote;

3) and are completely opposed to
the terms of the settlement.

“The Crees of James Bay and the _ .

Inuit will receive ($225) million.
Nobody ever gives anything away for
no reason at all. We therefore see
these monies as the price for our land
- the land on which our ancestors
struggled for 4,000 years so that we
might exist - this land we can not
sell’, read one of their statements
concerning the Agreement.

For the rest, the Inuit in Labrador
and the NWT, and the Indians in
Quebec and Labrador - the James
Bay deal and Bill C-9 will not only
mean that their rights in their
traditional lands will be extinguished
against their will, and without being
a party to the negotiations, but that
there is no guarantee they will
receive any compensation!

These Indian and Inuit people still
live 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. The Labrador Inuit note that .

they are eels related to the Inuit in

northern Quebec but ‘“‘they just
happen to be divided by a political
boundary which does not have any
relationship to the migration of the
caribou.”’

A provision was included in the
Final Agreement that states that the
Government of Quebec promises to
negotiate with any other native
groups with claims in the James Bay
settlement area. However, thisis the
only section of the Agreement that
will not be made into law. If the Parti
Quebecois Government refuses to
honour the promise, there will be
nothing the natives can do.

Some of the groups - the Inuit of
Labrador - have already made a
proposal for settlement and may
begin negotiations soon.

In spite of a strong campaign by
the native groups in the area, by the
National Indian Brotherhood, and all
the opposition parties, the Liberal
Government refused to make an
amendment to the bill that would
make the bill apply only to those
groups that actually signed the
James Bay Final Agreement.

Second thoughts about the Agree-
ment are now being considered by
some Members of Parliament who
are concerned that the new Govern-
ment in Quebec will enforce language
laws on the native people in the area
and deny them their own language.

DIA Minister Warren Allmand
states that the Federal Government
will ensure that the natives will not
lose their language rights.

Like they protected the natives’

boriginal rights from the James Bay

project and the Quebec Government?



The Buffalo is Gone... WILL THE SALMON I BE NEXT? cont.

only the eggs are used and the rest ts
turned into dog food or fertilizer.

But will the salmon disappear
here? The signs are not encouraging.

The fish runs are nowhere the
levels of 60 years ago when records
began to be kept. The reasons for the
giant reductions in the fish stocks are
many and varied.

Overfishing, historically by Cana-
dians, and recently by other national-
to the point that a 200 mile limit had
to be set, has cut into the size of the
. fish runs.

The effects of logging, mining,
industrial activity, and general urban
development, have all contributed
enormously to the reductions.

Lastly, the lack of regulation and
the outright incompetence of provine-
ial and federal fisheries departments
have failed to provide any meaningful
protection to the fish stocks. Action is
frequently only taken when a crisis is
discovered and it usually is too-little,
and too-late. (For example, the
federal Fisheries Department, realiz-
ing the increasing size of the sports
fisherman’s catch and decreasing
size of the fish runs, is now only
“considering” putting restrictions on
sports fishermen who fish virtually
without limit or license.)

As new threats to the fish runs
appear, Government efforts to pro-
tect them have barely kept pace, if
they haven't actually fallen behind.
Fish stocks are threatened by develop
-ment schemes such as the MacGreg-

or River Diversion that will flood 94%
of the spawning area in the MacGreg-
or River basin. The project, along
with another diversion scheme, could
reduce the commercial sockeye catch
by as much as 20%. The project
would link the Pacific and Arctic
watersheds so that the tapeworm
parasite carried by the Artic pike
could enter the Fraser River system,
with the chance of serious damage to
or possibly, even the entire loss of the
salmon runs.

conclusion that the salmon, trout,
people, and the environment need
more protection.

Lee Straight, a Vancouver Sun
columnist, said that the public hear-

; ings were “‘hog-wash”’ because:

"The fishery managers are worried
about how to do the job at all, never
mind getting on with it. Scared to
death might be a better word.

“Our government doesn't wish to
spend the money. It knows if can not
commit itself beyond its present term

“That the same fate awaits the
Indian people on the coast as
happened to their brothers and
sisters on the Prairies seems

all-too-likely. ’

Despite anti-pollution laws, the
fish population is threatened to a
greater and greater degree by the
increase of chemicals and harmful
substances from all sources in our
environment that find their way to
the rivers and oceans.

The Federal Fisheries Department
has announced that $30 million will
be spent-on a Salmon Enhancement
Program. No definite plans for the
program were announced, and a two
year study of the program including
18 hearings, reached the obvious

es

of office, whatever that may be.
"The Government is even kidding
us with that figure of $30 million.

Spread over 10 years, that’s a paltry

$3 million per year. Does that even
equal the current annual fisheries
budget? Ho, ho. The annual budget
for 1976-77 is $261 million.

"And what will 10 million be worth
12 or 13 years after that promise was
made?

“Washington State right now is
considering a $20-million-per-year

salmon program - possibly has it
okayed by now. So what's so big
about our program, whenever if is
okayed and does get started?”

The $30 million announcement
generated a great many headlines
and much publicity for a Federal
Government that is in deep political
trouble in this province. Since the
1975 announcement, though, almost
nothing has been done, while the fish
stocks continue to be under attack
from all sources.

A great deal of evidence shows that
the salmon is slowly disappearing,
while at the same time, Government
estimates of the size of the fish runs
could probably state that certain
species are making a minor comeback

Like the buffalo, though, such a
comeback is little comfort to the
many Indian communities along the
coast that once were the heart of the
fishing industry in their area. A
number of these communities now no
longer have even one commercial
fisherman left, and are now only
hopeless centres of drunkenness,
despair, and violence. Just as surely
as the numbers of fish decrease, so
too, will the number of native
communities with little hope or future
increase.

The disappearance of the salmon is
not impossible. Perhaps we should
tart thinking and planning about
"what if...””

Just in case.





Spring Issue 1977

NESIKA 5

Brotherhood, Alliance, and

A historic turn of events in the 100
year struggle of B.C."s native people
to win a recognition of their aborigin-
al title to the province, occurred with
the formation of the B.C. Coalition of
Native Indians on April 21st.

Joining together to form the coalit-
ion were the United Native Nations
(UNN), the Native Brotherhood of
British Columbia (NBBC), and the
Alliance Bands.

The three major groups have
joined together for the sole purpose
of bringing the Federal and Provinc-
ial Governments to the bargaining
table for a resolution of the aboriginal
title to the lands, waters, and
resources of the province. By pre-
senting a position paper in one year’s
tume, they hope to prevent the
Government from imposing a “heads
and trinkets’’ settlement on the
Indians of this province that is similar
to the James Bay Agreement. They
note, though, that the details and a
final resolution of aboriginal title
“will probably take five or ten years”
of negotiations on the Tribal or Local
level.

By 1980, Aboriginal Rights and

izational and educational functions in
the area of Aboriginal Rights and
Land Claims.”

The proposal notes that there are a
number of Tribal groups in the
province along with several Indian
organizations, and suggests that
“things like fishing rights and sea
resources may be turned over to the
Brotherhood", and that economic
development may be handled by the
Alliance.

The Coalition proposal sums up by
noting that people and the groups
involved have to commit themselves
to doing their particular task within
the time-frame and to surrender a
certain amount of authority, and
trust, toeach other, == re

The proposal statesthat the Indian
groups in the province have been too
busy fighting among themselves to
get on with the job, and in a message
aimed directly at the Union or B.C.
Indian Chiefs (UBCIC), said that the
Coalition is a response to the fact that
“provincial superstructures” have
failed to make progress in the area of
Aboriginal Rights, and that “no big

Land Claims are going to be over and
the scramble will be on to protect

what little we have.

THE WORK PLAN

A coalition press release says that
“the question of aboriginal rights is
not a simple thing, but can be divided
up into various subject areas.”’

In order to present a position paper
on each subject, the Coalition sug-
gests that it “divide up the work to be
done among the groups involved
according to their skills, expertise, or
interests, and get on with the job.”

The Coalition proposal noted that
the various position papers are to be
prepared in consultation with other
native groups in the province. It adds
that all groups that participate in the
Coalition will have an amendment
and review process. It is hoped that
the position papers can be presented
to the Governments by June of 1978.

The Coalition proposal calls for ‘‘a

representative of all the Groups to

meet together every two months to

review progress of the work and give
direction to the people doing the
work. For example, if a District
Council is doing forestry rights, they
will be given the full responsibility to
do that work, subject to the review
and direction every two months by
the larger body, and likewise, with all
the other subject areas.”*

It also notes that “it is impossible
that an absolutely detailed plan can
be spelled out to the satisfaction of all
parties. It is important that all the
parties realize that they are going to
have to trust each other and begin the
process in the hope that the various
problems can be overcome as we go
along.”*

It is not expected that any of the
Coalition members should stop their
other activities, but will be expected
to begin and continue “their organ-




a3
- Squamish Band Chief Joe Mathias

- ‘bureaucracy is needed; no 1.4 million

dollar Commission to waste our time
and money.”

The major push behind the form-
ation of the Coalition seems to come
from the seven bands that make up
the Alliance. Musqueam, Sechelt,
and Squamish originally formed the
Alliance in 1974 for the purpose of
economic development, and their
success in that area has since
attracted four other bands to their
cause: Homalco, Klahoose,
Sliammon, and Nanaimo.

In discussing their reasons for
forming the Coalition, the Alliance
representives mention that they were
unable to get answers to routine
questions from the UBCIC since last
October, when they asked for a
breakdown of the UBCIC'’s $215,000
core-funding budget. They also note
that they were members in good
standing at the time, and are
particularly upset since the Alliance
Bands strongly supported the UBCIC

left: 7 UNN President Bill Wilson, Simon Baker [Squamish Band], Brotherhood ‘President Johnny
Clifton, Chief Delbert Guerin [Musqueam], Senator Guy Williams, and



6 NESIKA



Spring Issue 1977 United Tahltan representative Ed Asp.



and helped pull it together at the
Courtenay conference just one year

go.

Some bands within the Alliance
(Musqueam and Squamish) are ready
to begin negotiations on their ab-
original title and complain that the
governments refuse to negotiate with
anyone except the Nishgas and the
cut-off lands committee. The
UBCIC’s plans to establish a two year
Aboriginal Rights Commission, they
feel, will further delay negotations.

Government to ensure that all of the
native Indian peoples in the province
of British Columbia are adequately
and fully represented in any Ab-
original Rights resolution. Bad bar-
gains you make today will only cause
the Government problems in the
future.”

So, for a variety of reasons, a
number of organizations with wide-
ly-different interests (commercial
lishing, economic development,
non status Indians) have banded

‘The Government already has a plan
for settlement; let’s cut them off at
the pass; and let’s get on with the

job.”’

In the case of the Native Brother-
hood, the delegates to their Novem-
ber convention voted to take over the
responsibility of co-ordinating the
coastal claims from the UBCIC. Since
the convention,roughly 20 bands on
the coast have declared support for
the Brotherhood, including all the
large bands - Bella Bella, Port
Simpson, Kitkatla, and Nimpkish.

With that base of support, the
NBBC submitted $330,000 core-fund-
ing proposal to the Secretary of State,
but were soon told to discuss the
issue with the UBCIC and UNN.
Their talks with the UNN were
apparently favourable, but they have
been unable to get the UBCIC
representatives to talk about the
matter.

The idea of a Coalition probably
appealed to the United Native
Nations because they had already put
their concerns about the Union's
Commission plans on record in a
written complaint to the Federal
Government.

A strongly-worded letter to Prime
Minister Trudeau said that the UNN
“is strongly opposed to the idea of a

mmission... as outlined in the
Union's submission.

“It is not our desire to criticize the
Union or question their representa-
tion. It is simply our desire to ensure
that all Native Peoples in the pro-
vince are involved at every stage in
Aboriginal Rights and Land Claims
research and work. The UNN will not
stand by while half or more of the
native peoples in the province are
ignored...

“It is in the -interest of your

- U.N.N. President Bill Wilson

together for the purpose of pursuing
and accelerating the Aboriginal
Rights issue. While each group
sought to protect their own interests,
an underlying factor in the formation
of the Coalition is their individual
relationship to, and problems with,
the UBCIC.
- UBCIC REACTION

Speaking in a press statement the
day before the Coalition was form-
alized, Union Executive Philip Paul
said the Coalition is ‘a deliberate
effort” by opportunists to destroy the
Union. He laid part of the blame on
the Federal Government “through its
various funding agencies (Secretary
of State core-funding for the UNN)
and by allowing an official of the
Federal Government (Senator Guy
Williams) to participate in efforts to
destroy the UBCIC.”’ He added that
if it weren't for the obstruction of
those behind the Coalition, the
UBCIC would be well into negotia-
tions with government on land claims
settlements.

THE COALITION TIME-FRAME

The time-frame thatthe member
groups of the Coalition have adopted
calls for a major rheeting of the
Coalition plus interested observers to
be held on the Musqueam Reserve
May 26-28th. Following the division —
of responsibilities among the groups,
there would be a one year work
period, with regular meetings held to
review progress, and with all position
papers to be prepared by the member
groups on May 15th,1978.

A month of consideration, amend-
ment, ratification, and finalization





U.N.N. Form Coalition

would then follow, with a presenta-
tion on behalf of the native Indians
represented by the Coalition of the
final position papers as a package to
the Governments of Canada and
British Columbia.
THE FIRST MEETINGS

Not since the representives of
different tribal and regional groups
formed the Union of B.C. Indian
Chiefs in Kamloops in 1969, has
there been meetings, including some
of the same people, like the ones held
during April to discuss the Coalition
concept.

Informal discussions. led to an
invitation being sent to. various
groups to discuss alternatives to the
present political structure of native
people in the province.

The April 4th meeting saw strong
dissatisfaction voiced with the Union
by the Alliance, with Squamish
Chief Joe Mathias particularly critical
of the Union’s performance. He
noted that when the Alliance wrote to
the Federal Government regarding
changes in the Indian Act, they
were told tohave their feelings
voiced through the Union and the

refusal to speak out regarding several
Indian rights questions that arose
during the past year.

Mathias stated that Indian mghts
had been lost or eroded in a number
of instances and cited: a provincial
court decision that the Rentalsman
Act applies on a federal Indian
reserve (Westbank); the loss of
economic development grants be-
cause of Indian political problems;
the loss of the Derricksan fishing case
in the Supreme Court in September;
and the loss of the Cowichan fishing
case this past January.

“We are losing ground in the
courts and in the cabinet rooms, and
we are losing time”, Mathias said.
He added that the Squamish Band
had lost confidence in the UBCIC
because of their inaction in these
matters and is willing to support a
joint effort because it wants to begin
negotations soon. “By 1980, ab-
original rights and land claims are
going to be over”, and then “the
scramble will be on to protect what
litthe we have.” |

Musqueam Chief Delbert Guerin
also said that his band was in favour



“Tf you don’t make it now, it ll never
happen. Your time is running out.’

- Senator Guy Williams



National Indian Brotherhood. As it
happened, Mathias was named as the
B.C. representative. to the national
committee on the Indian Act changes
at the Courtenay conference. Pro-
blems that developed later with the
UBCIC Executive regarding the
changes led the Alliance Bands to
think that their involvement in the
process was a waste of time. Mathias
stated that they felt that progress was
being postponed while the govern-
ment capitalized on the internal
political problems of the Indian
groups in the province by recognizing
only the UBCIC as the official
spokesman of the Indian people in

B.C.

~ Mathias also stated that the Alli-
ance had “lost confidence’’ in the
UBCIC because of their inaction and

oe

of a joint effort because it had done
more work on the Musqueam land
claims in the past year than the Union
had accomplished in several years.
He feared that the Aboriginal Rights
Commision of the Union would delay
the Musqueam negotiations for an-
other five years, although the band is
ready to begin now. Guerin added
that “‘with the growth of the city of
Vancouver, by the time it comes to
negotiate, nothing will be left to
negotiate for."

Speaking at the meeting for the
Brotherhood, Secretary-Treasurer
Steve Carpenter said that the NBBC
was originally an organization of
communities, and it now is an
organization of fishermen, and added
that the goal of the Brotherhood
Executive is to return to its original

=F yet ae a)
from left: Chief Bill Mitchell [Klahoose], Chief J Joe Mitchell [Sliammon],
Chief Calvin Craigan [Sechelt], and David Jacobs [Squamish].

form. Carpenter stated the NBBC
would be acting solely as a co-ordin-
ating body in the land claims issue,
and would not be involved in any

negotiations.

Also speaking for the Brotherhood
was Senator Guy Williams, who as
then-President of the NBBC, was
instrumental in the formation of the
UBCIC eight years ago.

He advised the other organizations
present to “forget the UBCIC; they
have failed the Indians badly"’, and
he asked the groups why they should
“revive a horse that’s near dead?”"

In refi to the entire matter, he
said “if you don’t make it now, it'll
never happen. Your time is running
out, just like in the Northwest
Territories.”

Gilbert; Joe of the -Sechelt., Band
spoke in favour of the Coalition and
said the band would agree to partici-
pate if it were democratically set-up.
He was referring to the 1972 con-
ference of the UBCIC that was held in
Prince George that decided that the
Union would be structured of the
basis of one band one vote, rather
than proportional representation.

But it was the leadership. and
pushing of Joe Mathias that led the
groups to agree informally to esta-
blish a coalition. He mentioned the
time-table the groups had to work in,
and stressed the need for a concrete
plan of action that could be announc-
ed at the time of the UBCIC assembly

Musqueam Coalition Meeting Stalls;



to provide an alternative for others.
All the groups then agreed that even
the bands that choose to remain with
the Union should be invited to take
part in the Coalition. That partici
ation, though, would be on the basis
of their actual representation, and
not as the provincial voice of B.C.
Indians

At the following meeting, UNN
President Bill Wilson repeated the
UNN policy regarding the land claims
and aboriginal rights issue with the
stress on the decentralization of
funding and decision-making in all
areas of the UNN’s operations.

In the debate regarding the name
to be given the groups, Wilson said
that the term “‘coalition should be
‘used because it describes an em-
ergency situation, like war-time coal-
ition governments, and that the
problems of B.C. Indians today are
similar.”” It was eventually decided
that the new pact should be called the
B.C. Coalition of Native Indians.

Wilson then laid-out the plan for
dividing the work to prepare the
different position papers between the
different groups. He stated, though,
that the idea was originally one that
had first been proposed by former
UBCIC Executive George Watts four
or five years ago. Wilson then added
that “the government already has a
plan for settlement; let’s cut them off
at the pass; and let’s get on with the

; job.”

~

Native Brotherhood to Gather Support

Virtually all work being done by
the Coalition to prepare a basic
bargaining position for future nego-
tiations has come to a halt and may
not resume until late in the fall as a
result of the Coalition meeting of
May 26th at the Musqueam long-
house.

-The reason for the delay is to
allow the Native Brotherhood to
gather more support and strengthen
its political base.

It had been hoped that the meeting
would arrive at a plan to divide the

member groups to begin preparing
the different position papers.
Actually, the Coalition almost fell
apart and dissolved as a result of the
sometimes-heated discussions that

day.



various responsibilities among the -

The feelings of goodwill that had
marked all the previous meetings of
the Coalition were replaced late in
the days’ discussions by angry out-
bursts. Realizing that government
funding for the Coalition efforts
would not be received until some
time in the future because of the
dispute with the UBCIC, the UNN
and the Alliance backed a plan that
would have each of the member
groups financially support the Coali-
tion until federal funding was re-
ceived.

The UNN offered to pay the salary
and some administration costs for a
full-time co-ordinator while the Al-
liance volunteered to do the same for
a full-time secretary.

The Native Brotherhood was ex-
pected to meet the salary and

expenses for a fieldworker, but did
not agree to the plan. Although 6 of
the 7 Brotherhood Executives were
present at the time, they felt that
they couldn’t commit the organiza-
tion’s money to the plan without the
approval of the membership, and
asked for a delay to get the necessary
approval and more supportive band
council resolutions. (The Brother-
hood could contribute to the plan if it
receives part of the core-funding
budget it has requested from the
Secretary of State.)

UNN President Bill Wilson argued
forcefully, but unsuccessfully, that
the time-table must be maintained
and that a delay would work to the
advantage of the UBCIC and further
delay funding for the Coalition.

Scheduled for three days, the

meeting broke up at the end of the
first day with an agreement that each
group would continue their respect-
ive activities in the land claims and
aboriginal rights field, and all work |
for a larger meeting to be held in |
October or November. |

Although only about 50-60 people
attended the Musqueam meeting,
the Coalition did make some progress
in attractin port from other
quarters. Ni ga Tribal Council Vice-
President Bill McKay attended the
meeting and declared support for the
Coalition plans. Lower Kootenay
Chief Wilfred Jacobs was one of
many observers who attended, and
he later disclosed that he would be
returning to his band with the
recommendation that it join the |

Coalition. “J





Saving towns 1977



NESIKA 7

eS a



Regarded as a “‘make-or-break-
the-Union” conference, the 9th An-
nual Assembly of the Union of B.C.
Indian Chiefs recorded several major
achievements:

1) A critical test that the Union met
was the quorum requirement, which
it failed to meet at the Courtenay
assembly of a year ago. Conflicting
attendance figures provided by Union
spokesmen varied from 122 to 138
bands present (the Union’s quorum is

2/3 of the 188 bands in the province, —

or 125). The Coalition complained
that the Union had not, in fact,
achieved a quorum. However, the
fact that about 30 of the bands on the
coast support the Coalition and/or
the Brotherhood, means that the
Union’s determined recruiting pro-
gram was successful. Roughly 250
people were in attendance on the first
morning of the assembly.

2) After a lacklustre presentation
by the Coalition, the Union easily met
the challenge and returned to their
agenda with almost no discussion of
the Coalition proposals.

3) The assembled chiefs formally
approved the controversial Aborigin-
al Rights Commission, to be estab-
lished by the UBCIC, but run
independently.

4) The Executive elections were
changed from three equal Executive
Committee Members to a President
and four regional Vice-Presidents.
George Manuel was elected Presi-
dent by acclamation.

5) Most importantly, the atten-
dance, constitutional changes and the
Commission plans seem to have
given the Union a sense of purpose,
direction and urgency.

The one troublesome note was the
withdrawal of the Alliance Bands,
with the threat of even more with-
drawals by the Coalition Bands. The
answers to questions about the final
line-up of the bands in the province
and federal funding for the Union,
the Coalition, and the Commission,
won't be known for some time.

CHIEFS’ COUNCIL

The major concern of the Chiefs’
Council meeting held the night
before the assembly began was a
possible confrontation with the mem-
bers of the Coalition. Debate on
whether or not to grant the request of

“8 NESIKA

Coalition presentation to assembly as other Alliance members observe.

the Coalition.for time on the agenda
to make a presentation took over an
hour and was sharply divided.

A summary of the debate:
Ray Hance [Williams Lake] - Give
them time. If we want to have a good
conference, let's get the bad part
over with first.
Philip Paul [Executive] - | disagree.
The Alliance didn’t come to the
Counal with their disagreements,
but they started attaeking us public-
ly. Anyone doing that doesn’t de-
serve special consideration. Those
that disrupted past Union assemblies
are now saying the Union hasn’ t done
anything.

Steve Point [Executive] - The only

point of the presentation is to disrupt
the conference. We have to protect
the interests of the people who came
to the conference and want to learn



. Spring Issue 1977

eT
Sa i Fae



el ee

ie ee ee ee ee ame ge ee ee
ds aire oo ae
Ve et ‘

St

"ices left: Southwest V-P Philip Peal, Coastal V-P Ray Jones, President George Manuel
Northern V-P Archie Patrick, and Central-Interior ¥-P Don Moses.

something.

Ray Hance - The longer we put this
off, the more serious it will get. Let’s
face it and get it over with, beat it or
be beaten.

Philip Paul - Their express purpose in
coming here is to disrupt the confer-
ence and they only represent the
people that elected them.

John L. George [West Fraser]
Reading between the lines of the
Coalition minutes, it is obvious that it
is out to destroy the Union and take
over. I criticize those on the Coalition
for not doing their jobs as UBCIC
Executives.

Saul Terry [Lytton-Lilloet] - What's
the answer, then. Love our enemies?
(He later retracted using the word
‘enemies: )

Ray Hance - Not love them, but
respect them. They're Indian people
and they're trying just as hard and
we should listen to them.

Steve Point - If the presentation gets
out of hand, we'll blow another
conference.

Forrest Falkem [Thompson-Nicola] -
Let’s listen to it and clear the air.
Reynold Russ [North Coast] - The
Coalition - these are people away
from reserves, and the Union only
represents people on the reserves.
Jacob Kruger | Kootenay-Okanagan] -
I'd like to meet with them. Some of
them are damn good friends and |
might have the solutions they are

. looking for.

Wes Modeste [South [sland] - We've
been working constructively trying to
pull the Union back together, and we
shouldn’t give anyone else the oppor-
tunity to speak. To allow another
faction to come into the Chiefs’
conference would destroy the pur-
pose of the Union.

John L. George - They. should. not..

have the privilege of a presentation if

, CAND



ésoUReES



they have withdrawn from the Union.
(UNN President Bill Wilson) jumps
from organization to. organization.
It's time he was blackballed.

Ray Hance - we're still dealing with
personalities. We've got to listen to
the people whether they're the
Alliance or the Union.

Archie Patrick [Lakes] - We're differ-

- ° ent nations. If a faction of us says we

have an idea, then we've got to give
them a fair hearing.
Bob Manuel [Executive] - | feel
confident about it either way. We've
done our work over the past year that
we were mandated to do. I think
we're going into the assembly in
pretty good shape. The Coalition
presentation is insignficant.
Although the Chiefs’ Council voted
in favour of a Coalition presentation,
the three Executives the next morn-
ing met and decided that the matter
should be placed before the Assemb-
ly for a decision. With little debate,
the assembly quickly voted to hear
the presentation.

FORKSHOPS
~ The Union can be credited with

having sucessfully arranged a series
of 20 workshops scheduled around
the assembly times on 20 different
topics related to aboriginal rights and
land claims. Called an “information
forum"’, the workshops were design-
ed to provide an opportunity for
delegates and non-delegates to re-
ceive information, to increase com-
munication, and to form resolutions
for presentation at the assembly.
Some of the topics included in the
workshops were: Tribal Government,
Nazko/Kluskus, Land Claims resear-
ch, Aboriginal Rights Commision,
the Washington State Boldt Decision
on fishing rights, the Alaska and
James, Bay, Settlements explained,

continued on next page



Lower Nicola Band and its lawsuit
against Order in Council 1036, Mac-
kenzie Valley Pipeline Inquiry, and

others.

THE COALITION PRESENTATION

e hour surrounding the appear-
ance and presentation of the Coalit-
ion proved to be the turning poini of
the assembly and showed that the
UBCIC would survive the challenge
of the rival group. Anyone who had
been expecting a dramatic confronta-
tion and a lively debate was disap-
pointed when the Coalition presentat-
ion. was made early the first day.

Assigned by the member groups of
the Coalition to make the presenta-
tion, Musqueam Chief Delbert Guer-
in began by stating that his band had
decided to withdraw from the Union.
Guerin then read the résolution that
was adopted by the three member
group forming the B.C. Coalition of
Native Indians.

He was followed by Squamish
Chief Joe Mathias and Sechelt Chief
Calvin Craigan and Native Brother-
hood Secretary-Treasurer Steve Car-
penter.

Generally, the statements of the
representatives. were to the effect
that they had formed a coalition
because the groups were dis-satisfied
with the lack of progress and results
on the land claims from the UBCIC
alter & years and $1.9 million in
core-funding, and $800,000 aborigin-

al rights funding. They stressed that —

they were thankful for being granted
time on the agenda and that they
were not at the assembly for the
purpose of picking a fight.

Although a 17 page presentation
on the Coalition, its goals, the
reasons for uniting, the plan for the
division of responsibilities, and the
time-frame was distributed just be-
fore the presentation, very few
people had the time to read and
digest the statement and the mean-
ing of the Coalition.

When the Coalition leaders made
their presentation, they made no
mention (with the exception of Calvin
Craigan) of the fact that the bands
still within the Union were actually
being presented with a positive
alternative to the UBCIC’s Aboriginal
Rights Commission, and that they
could play a role.

CONSTITUTIONAL CHANGE

A much - needed change in the
Union's constitution was adopted by
the delegates.on the first day of the
assesmbly that saw a President and
four Vice-Presidents elected instead



Bill Tallio [Bella Coola]

ea Te 5
moa ee AWE

of the three Executives that were
usually elected,

The out-going Executives voiced
strong support for the change and the
amendment and the resolution was
passed after an hour's debate.

Also included in the resolution was
a provision that the President and
Vice-President be elected for a two
year term.

Under the Vice-Presidential elect-
ion plan, the 15 districts in the
UPCIC are divided up as follows:

Coastal Region - Bella Coola, North
Coast, Terrace, Babine, and Kwawk-
gewlth.

Northern Region - Fort St. John,
Lakes, and Williams Lake.

Central Interior - Lytton-Lillooet,

_ Thompson-Nicola, and Kootenay-O-

kanagan.

Southwest Region - West Coast,
South Island, East Fraser, and West
Fraser.

Each of the four regions has
between 10,000 and 13,000 “status”
Indians.

The change should eliminate the
problem of who the boss is in the
UBCIC operations. In this past year,
the problem was solved by the three
executives agreeing to have Bob
Manuel serve as the Spokesman and
head Execuative. In previous years,
however, the unusual leadership
setup contnbuted to the _ political
problems within the UBCIC that saw
the Union. go through an Executive
Director on the average of one every

_ THE COMMISSI

The subject of an On
Rights Commission has ee a
great deal of controversy in many
quarters since it was first approved
by the UBCIC’s Chiefs’ Council
seven months ago.At that time,
outgoing National Indian Brother-
hood President George Manuel a-
greed to accept the Union’s offer to
be its Chairman.

After discussions with Justice Tom
Berger, lawyers Doug Sanders and
Michael Jackson, Manuel drafted the
proposed terms of reference (""...hold
approximately 144 hearings ... listen
to representatives and receive briefs
on tribal land claims ... undertake
and co-ordinate research ... identify
the major prrorities ..."'); time frame
(2 years); and budget ($1.4 million);
which were eventually accepted by
the Chiefs” Council meeting in Janu-

year.

ary.
By then, critiasm of the Commiss-
ion. plan was becoming public, with



Survives Coalition Challenge





Neskainlith Chief Bob Manuel

Tsartlip Chief Philip Paul



the West Coast District voting to
prepare their own bargaining posit-
ion for future negotiations because
they were “‘discontent’’ with the
Union, specifically, the Commission.
In a resolution they presented to the
Chiefs Council, they stated they were

“concern alent a settlement being
imposed upon us.”

The Commission plans, and its
budgets, was no doubt a key factor
-in pulling together the Native

, the Alliance, and the
United Native Nations, into the B.C.
oe of Native Indians in early

Tees when the hot topic of the
Commission was brought to the floor
for debate on the afternoon of the
first day of the assembly, the Alliance
bands had largely pulled out of the
Union and left the meeeting, the
Native Brotherhood bands had boy-
cotted the meeting, and the West
Coast bands’ sat strangely silent
through the debate. With the oppo-
nents of the commission silent or
absent, the assembly voted overwhel-
mingly in favour of proceeding with
the plan.

At a well-attended workshop on the
evening before and during the short
debate, George Manuel gave some of
the background to the Commission
plans.

Referring to negotiations, Manuel
said that the Indian representatives
must be prepared with detailed
proposals, with alternatives, in case
the talks break down. He added that
“I know what the Government is
prepared to give, and that is very
little.””

In talking about the over-all situa-
tion of Indian people, Manuel said
that the Indian people had lost their
land and rights and now hold only
some litthe reserves, some question-
able hunting and fishing rights, and
some tax exemption, which is not
guaranteed. He said that many
Indian people he talked to are now
saying that perhaps the Indians
shouldn't begin negotiations because

“we may lose what little we have"’,
including the reserves and = band

councils during the negotiations.
Manuel reported that many people
thought that land claims negotiations
should be stalled, although he added
that it was his personal belief ‘‘that
we'll lose them anyway (the
reserves and band councils) if we
don't do anything. a

A major difference - be-
tween the UBCIC’s Commission and
government's Royal Commission,
Manuel explained, was that it
wouldn't have the force of law,
meaning it wouldn't have the power
to sumimon witnesses or have its
recommendations acted on by the

ent.

In describing the Commission,
Manuel stressed that it would be
independent of the UBCIC, with the
final report of the Commission to be
delivered to the Union.

Manuel stated that he had already
delivered the Commission proposal to
the Federal Government representa-
tives, and that he had discussed the
proposal with B.C. Premier Bill
Bennett for 144 hours. His impress-
ion of his talks with government was
that “they liked the idea’’.

When -asked how the Commiss-
ion’s operations would affect the
negotiations between the Nishgas
and the governments, Manuel said
that the Commission would not
interfere or obstruct any negotiations
with any native group. He added that
he had talked with Nishga Tribal
Council President James Gosnell and
found that the Nishgas would not be
supporting the Commission, but
would not oppose it since it didn’t
interfere with their negotiations.

The only opposition that was
voiced against the Commission plan
during the debate on the floor came
from Semiahmoo Chief Bernard Cha-
rles, who said the timing of the
Commission wasn't right. “If this
was 1969 instead of 1977, this would
be a good idea”’, Charles said, and
“tt should have been talked about a
long time ago."

continued on next page



cae Issue 1977

NESIKA 9

ii a y

e continued





= i
’ . a es
—_ —
5 ae”



' : a : a a
[— i —_ Si Fis
The Gnneual t Pivtincs performed during the banquet.

na

Wid
Wh

L =a

a Pe 4
cn. mse =



| ae



Speaking in favour of the plan,
outgoing Executive Philip Paul said
that “we have to have a plan to
counter the government's plan - we
should be deciding our own destiny.”

Paul mentioned that many people
throughout the province wonder how
they can support the efforts of the
people in Nazko-Kluskus, or the
people in Stoney Creek. The answer,
he said, was through the Commis-
sion, which gives the Indian people
the structure and the forum in which
to participate.

He said that with the fieldworker
program in the of Land Claims
Centre in Victoria, the fieldworkers
never got past the leaders and never
got to the people. With the Commis-
sion, he added, the input of the local
people would become part of the
written history.

Although a vote count on the
resolution wasn't taken, no more
than a handful of the entire delega-
tion voted against or abstained.

Following the assembly, George
Manuel said in an interview that a
decision on a Commissioner wouldn't
be made for about six weeks, and that
he wasn't prepared to say how the
Commission would be funded.

NATIONAL INDIAN

BROTHERHOOD
During most of the afternoon of

the second day of the assembly,
National Indian Brotherhood (NIB)
Vice-President Dennis Nicholas ex-
plained the structure of the NIB to
the delegates and how changes in the
socio-economic area, in education,
and in revisions to the Indian Act
would be made through the joint-NIB
Federal Cabinet Committee.

Nicholas’ presence was part of an
11 member delegation to the UBCIC
assembly.

NIB President Noel Starblanket
attended the assembly to speak at the
banquet.

What he called the “most signifi-
cant issue”’ in Indian affairs was now
a reality; namely, a mechanism for
consultation on policy development
regarding the programs offered to
Indian people. The National Indian
Policy of 1977 was developed as a
result of resolutions passed at the



annual assembly of the NIB in
Whitehorse last year. The purpose of
the policy is to be able to monitor and
evaluate the policies and programs’
coming from the Federal Govern-
ment, especially the Department of
Indian Affairs.

NIB President Noel Starblanket

Item #1 on the agenda of the joint
committtee is the Canadian Indian
Rights Commission. This Commis-
sion is meant to replace the old
Indian Claims Commission, which
was originally headed by Dr. Lloyd
Barber. According to Starblanket,
there will be litthe B.C. involvement
because of the UBCIC’s decision to
establish an Aboriginal Rights Com-
mission in this province.

An unconfirmed report states that
the Federal Government has actually
begun to dismantle the old Indian
Claims Commission and has taken
steps to make the new Indian Rights
Commission a reality. There has been
no public announcement about this,

; The second-most important on the
agenda of the joint-Committee is
economic development. Starblanket
gave much of the credit to the bands
in this province (the Musqueam,
Sechelt, and Squamish Alliance) that
had done much of the groundwork for
the necessary revisions that will have
to be made in the Indian Act
regarding economic development.
Earlier in his speech, Starblanket
stated that “the dollars for economic
development from DIA are so badly



10 NESIKA

Spring Issue 1977



administered as to be a sham and a
farce.”

He noted that there were seven
items on the joint Committee's
agenda. the subject of education
revisions to the Indian Act was #4 and
the McKenzie Valley Pipeline was 25.

The patriation of the British North
America Act (Canada’s constitution)
was the sixth priority for the Commit-
tee, because Section 91:24 of that Act
states that Indians and the land
reserved for Indians are a federal
responsibility. [f the constitution is
brought back to Canada from Great
Britain, Starblanket warned, there is
no guarantee that Section 91:24 of the
Act will be kept as is.

Starblanket noted that he had
begun holding “‘private’’ meetings
with the Minister of Indian Affairs,
Warren Allmand, regarding policies
and programs of the Department. He
hotly denied a previous charge by

- Senator Guy Williams that the meet-

ings were “secret”’, and said that the
minutes of all the meetings are
available. saci

In describing his own personal
philosophy, he said that “‘as Indian
people, we've gotta get our shit
together’’, and he warned the crowd
that “if we don’t, the Government
will force policies and programs on

GEORGE MANUEL ELECTED
Nominations for the position of
President took place on the second
day, with the actual elections being
held on the last day of the assembly.

Kitseguecla Chief Ray Jones was
elected Vice-President of the Coastal
Region by acclamation (without op-
position). Lower Nicola Chief Don
Moses was also elected by acclama-
tion as the Vice-President of the
Central Interior Region.

Tsarthp Chief won re-election to
the Executive as the Vice-President
of the Southwest Region by beating
out Ray Harris.

Elected Vice-President of the Nor-
thern Region was Archie Patrick over
Ron Seymour and Stan Napolean.

The much-rumoured nomination of
George Manuel for President was
followed by nominations of his son
Bob Manuel and Steve Point. When
asked the mext day whether they
would accept the nominations, both
Bob Manuel and Steve Point de-
clined, making George Manuel the
first President of the UBCIC by
acclamation. *

In declining the nominations, Man-
uel and Point both praised the past
work of George Manuel in warm and
emotional speeches that indicated
they would be returning to work-on
band problems as the chief in their
respective communities (Neskainlith
and Skulkayn).

George Manuel should be well-
known to the native people of this
province for his past involvement in
the Indian movement. For six years,
he was the President of the National
Indian Brotherhood in Ottawa. In that
role, he noted in his acceptance
speech that he had taken the NIB
from being $38,000 in debt in 1970, to
an annual budget of $3 million and a
year-round staff of 40 people when he
retired in 1976,

In his acceptance speech he said
that the Union must begin to get the
young people involved in the organi-
zation, rather than having their
energies directed to places like the
American Indian Movement (AIM).

In referring to the problems be-
tween the UBCIC and the Coalition,



he said that the doors would always
be open to work with the Native
Brotherhood; that he got along well
with the Haida Nation; and that he
was expecting support from the
Indian Homemaker’s Association.

During his time as President of the
NIB, Manuel noted that the Manitoba
and Alberta organizations had walk-
ed out on the NIB, but that he hadn't
budged an inch until they returned to
the national body. In referring to the
walk-out by some of the Coalition
Bands, he said it was actually a
non-confidence vote “‘in all of you
(the delegates)’. If the Coalition
Bands were dissatisfied with the
UBCIC, he said, they should have
sponsored a vote of no-confidence in
the organization rather than walking
out. “Ido not condone walking out on
an organization that is struggling’’,
he added.

He noted that the bigger, stronger
and richer bands were behind the
Coalition and they wanted to take
over the land claims effort from the
smaller and poorer bands in the
Union.

OBSERVATIONS

The UBCIC’s last two assemblies
centered on two particular issues that
generated a great deal of controversy
and debate, and it was surprising
that neither one of them was even
mentioned during the three days of
the assembly.

The major topic of the 1975
Kamloops Assembly was the Declar-
ation of Native Title submitted by the
East Fraser District. It was approved
in principle by the assembly and was
to be the basis for organizing and
pursuing the land claims.
| However, when the item came up
for discussion at the Courtenay
assembly just six months later in
1976, there was very little debate as
most of the delegates admitted that
the Declaration hadn't been dis-
cussed at band meetings during that
time.

The Declaration was fully adopt-
ed at the Courtenay assembly with
the idea that it would be used as a
basis of discussion at band meetings
to gather and build support. Appar-
ently, that didn’t happen and the
Declaration seems to be a dead issue
today.

The Courtenay assembly also saw
the “non status’’ issue debated at
some length. A proposal, originated
by Union Executive Bill Wilson was
put before the assembly that would
have drastically changed the nature
of the UBCIC from an organization of
192 chiefs, to one that would be open
to all persons of at least 44 B.C.
Indian ancestry.

However, since Bill Lightbown, the
BCANSI spokesman, insisted that the
issue be, voted on, the debate
instantly centered on the ‘non

status’’ issue, rather than the propo-
sal to change the nature of the UBCIC.

The whole debate was an out-
growth of resolutions that were
passed at UBCIC assemblies in
Terrace and Chilliack to the effect
that all people of 44 B.C. Indian
ancestry have aboriginal rights and
are part of the land claims move-
ment.

The issue was finally resolved
when Lightbown was persuaded to
withdraw the proposed constitutional
changes and table them until the next
assembly, but the changes were not
discussed at the assembly this year in
Prince George.

Berger's

An eloquent letter from Berger to
Warren Allmand, the Minister of
Indian Affairs and Northern Develop-
ment, begins the report and contains
some of Berger's recommendations:

We are now at our last frontier. It
is a frontier that all of us have read
about, but few of us have seen...

The North is a frontier, but it is a
homeland too, the homeland of the
Dene, Inuit and Metis, as it is also
the home of the white people who live
there.

.. «1 took the Inquiry to 35 communi-
ties (mm the North and)... listened to
the evidence of almost one thousand
northerners.

...All those who had something to
say - white or native - were given an
opportunity to speak... Both (whites
and natives) were talking about the
same pipeline; both were talking
about the same region - but for one
group it is a frontier, for the other a
homeland... This report reflects what
they told me.

Native society is not static. The
things that native people have said to
this Inquiry should not be regarded

as a lament for a lost way of life, but ~

as a plea for an opportunity to shape
their own future, out of their own
past. They are not seeking to



entrench the past, but to build on it.
... All along, the construction of
the pipeline has been justified mainly
on the ground. that it would provide
jobs for thousands of native people.

..-The fact is that large-scale —

projects based on non-renewable

_resources have rarely provided perm-
anent employment for any significant

number of native people. There is
abundant reason to doubt that a
pipeline would provide. meaningful
and ongoing employment to many
native people

...[t is an illusion to believe that the
pipeline will solve the economic
problems of the North. its whole
purpose is to deliver northern gas to
homes and industries in the South.
Indeed, rather than solving the
North’s economic problems, it may
accentuate them.

..(Added to) problems that al-
ready exist in the Mackenzie Valley
and the Western Arctic, the social
consequences of the pipeline will not
only be serious - they will be
devastating... This will mean - an
advance of the industrial system to
the frontier will not be orderly and
benficial, but sudden, massive and
overwhelming.

... The concept of native self-deter-
mination must be understood in the

context of native claims. When the
Dene refer to themselves as a
mation, they are not renouncing
Canada or Confederation. Rather,
they are proclaiming that they are a
distinct people, who share a common
historical experience, a comimon set
of values, and a common world view.
They want their children and their
children’s children to be secure in
that same knowledge of who they are
and where they came from. They

~ want their own experience, traditions

and values ‘to occupy an honourable
place in the contemporary life of our
country. Seen in this light, they say
their claims will lead to.the enhance-
‘ment of Confederation - not to its
remenciation. :

ln my opinion, a period of ten
years will be required in the Macken-
zie Valley and Western Arctic to
settle native claims, and to establish

“the new institutions and new pro-
grams that a settlement will entail.

No pipeline should be built until
these things have been achieved.

It would therefore be dishonest to
try to imposé an immediate settle-
ment that we know now - and that the
native people will know before the ink
is dry - will not achieve their goals.
they will soon realize - just as the
native people on the prairies realized

tter to Allmand

a century ago as the settlers poured
in.- that the actual course of events on
the ground will deny the promises
that appear om paper.

...1 am convinced that non-renew-
able resources need not necessarily
be the sole ‘basis of the northern
economy in the future. We should not
place absolute faith in any model of
development requiring large-scale
technology.

An economy based on moderniza-
tion of hunting, fishing and trapping,
on efficient game and fisheries
management,.on small-scale enter-
prise; and on the orderly develop-
ment of oil and gas resources over a
period of years is a rational program
for northern development based on
the ideals and aspirations of northern
native peoples.

To develop a diversified economy
will take time. It will be tedious, not
glamorous, work. No quick and easy
fortunes will be made. There will be
failures. The economy will not neces-

sarily attract the interest of the

multinational corporations. It will be
regarded by many as a step back-
ward. But the evidence I have heard
has led me to the conclusion that such
a program is the only one that makes
SETISE...



Don’t Celebrate Too Long!

The Berger Report is now history

and the time for celebrating, if there

ever was one, is over.

For one bai Gicmient: though, the
native people and the environmental-
ists had a champion. When faced
with the problem of deciding on the
future development of the North,
Berger stood squarely on the side of
the Dene, the caribou, and the
tundra. But who will champion their
cause now?

It certainly won't be the National
Energy Board when it submits its
report to the Federal Government in
July; and its recommendations will
have just as much weight as those by
Berger, if not more.

The final decision on northern.

pipelines will have to consider all the
related problem areas:

Social - Berger said a pipeline
down the Mackenzie would have a
“devastating™’ social impact. Envir-
onmental - Berger flatly recommend-
ed against’ a pipeline in the northern
Yukon or the Mackenzie Delta.
Financial - The pipeline is described
as the largest private-enterprise proj-
ect ever attempted, with rumoured
construction costs of up to $10 billion.
Energy Supplies - There is not
enough natural gas in the Canadian
north to meet this country’s energy
needs for even five years, so most, if
not all, of the gas in the line will be

American gas headed for American
homes and industries. -

Just who will be making this
decision and weighing all these

considerations? ~
tt will be the Federal Govern

repeatedly refused to recognize the
rights of Canada’s native peoples
until it was forced to by the Supreme
Court Nishga decision, by a court
system that is only now being
dragged into the 20th century in
recognizing that perhaps Indian peo-
ple, after all, do hold aboriginal title

to the land in the NWT (and in B.C.).
It will be the same Federal

Government that has poured hun-
dreds of millions of dollars into
programs to promote the rights of the

ent;
the same government that for years

French-speaking people of Canada,
while at the same time, ignoring the
rights of the native peoples of
Canada.

It will be the same Federal
Government that allows off-shore
drilling to’ be continued in the
Beaufort Sea, after two near-misses
from blow-outs in the past year, and
after the world watched a blow-out on
an oil rig spill oil into the North Sea
for a week before being capped.

When the Federal. Government
finally makes its decision in this case,
and if there are any changes in the
traditional manner in which the
native peoples and the environment
are sacrificed in the name of the
“national interest’, THEN maybe it
will be time to celebrate.



: =

Reactions to the

Vern Horte, the President of
Canadian Arctic Gas, the pipeline
consortium that has already spent
$140 million on its proposal to date,
and the one with the most to lose in
the pipeline debate, said he "“funda-
mentally disagrees”” with the report.
He added that the call for a
moratorium on pipeline construction
did not consider the total national
interest.

Opposition Leader Joe Clark at
first said that the report was ‘‘excel-
lent”. In regard to the moratorium,
Clark is reported to have said that “‘T
think the 10-year delay appears on
the basis of evidence we now have ta
be a sensible one.”

However, alter apparently taking a
great deal of heat from the other
members of the Conservative caucus,
Clark reversed his stand because “he
never committed himself entirely to
it” in the words of a spokesman.

Frank Oberle, one of Joe Clark's
M.P.’s from the Prince George Peace
River riding, said that the “Berger
inguiry is nothing but a charade.

Berger Report

(Berger) is another whije man who is
selling the natives the dreams of
living off the land.’’ He added that it
is time for Canadians to become
honest with the natives of the North
and make them active and productive
members of society.

Speaking of the recommendations
for a moratorium on the pipeline,
Skeena M.L.A. Cyril Shelford said
that Berger was “out of his tree’’.

George Manuel, President of the
Union of B.C. Indian Chiefs, said that
the Berger Report was “‘the best
statement on Indian rights to come
from any government body since the
Europeans first came to Canada.”

At a televised meeting from Inuvik,
leaders from the four native organiza-
tions in the Northwest Territories
gave their opinions on what effect the
report would have on their land claim
negotiations.

The Inuit Tapirisat of Canada (ITC
- the “Eskimo”’ Brotherhood of
Canada) submitted a proposal for
settlement in early 1976 based on
receiving royalties from the oil, gas,

and mineral resources in their lands.
The proposal was withdrawn for
amendment and has not yet been
re-submitted.

Vince Steen of the ITC said that the
report would have a “big effect’’ on
the ITC’s negotiations, since it “does
‘take away some of our bargaining
power.”

The Committee of Original People’s
Entitlement (COPE) once used to be
the western Arctic branch of the ITC,
but the two have split. Agnes
Semmler of COPE said that the
report will not affect their negotiat-
ions at all, and was generally
favourable of the report.

Rick Hardy, the President of the
Metis Association of the NWT, which
was considered pro-pipeline for the

t year, said that “without a
pipeline, it’s hard to say what form a
settlement will take’’, and that “the
Berger Report gives the kiss of death
to the Mackenzie Valley Pipeline and
we look to a bleak future.”

—

Georges Erasmus, the President of
the Indian Brotherhood of the NWT
which split with the Metis Associat-
ion after the publication of the Dene
Declaration, said that the
Berger Report will definitely affect
the Dene claims since “it gives us the
ability to develop the north the way
we want it to.”’ Erasmus called the
report “‘a victory’ for the Indian
people, but later warned that the
Government would likely try to
undermine the recommendations in
the report.

Members of the Liberal Govern-
ment generally gritted their teeth and
complimented Berger on a good
report. Prime Minister Trudeau,
however, probably gave us a hint of
things to come, when, on the very
day following the Report's release,
he stated that Berger’s recommenda-
tions for a moratorium and a settle-
ment of the land claims could be
ignored and the pipeline completed.



Spring Issue 1977

NESIKA 11

CHAPTER ONE
; The North
This simply is not a debate about a
gas pipeline and an energy corridor,

| it is a debate about the future of the ~

North and its peoples.
There are two distinct views of tie
North: One as frontier, the other as

homeland.
We look upon the North as our

last frontier. It is natural for us to
think of devloping it; of subduing the
land and extracting its resources to
fuel Canada’s industry and heat our
homes. Our whole inclination is to
think of expanding our industrial
machine to the limit or our country’s
frontiers. In this view, the construct-
ion of a gas pipeline is seen as the
next advancement in a series of
frontier advances that have been
intimately bound up with Canadian
history. But the native people say the
North is their homeland. They have
lived there for thousands of years.
They claim it is their land, and they
believe they have a night to say what
its future ought to be.
CHAPTER TWO
The Corridor Concept

The influence of a gas pipeline on
the development of an energy corrid-
or and in moulding the social,
economic and environmental future
of the North will be enormous. The
pipeline guidelines call for a consid-
eration of the environmental and
social impact of a gas pipeline and an
oil pipeline, as well as the combined
impact of the construction of both
pipelines along the corridor. That
policy ramifies throughout the in-
quiry’s consideration of the environ-
mental and social issues that arise
along the whole route.

However, the corridor will not be
simply a corridor for gas and oil
pipelines. The pipeline guidelines
envisage that the corridor may event-
ually include roads, a railroad, hydro-
electric transmission lines and tele-
communication facilities.

The Artic Gas pipeline, if built,
would provide a land bridge for the
delivery of Alaskan gas across Can-
ada to the Lower 46 (states). The
implications of this prospect, from
the point of view of Canadian policy
in the North, should be born in mind.

The corridor across the Northern
Yukon will be an exclusively Ameri-
can energy corridor. The Mackenzie
Valley corridor, under the Artic Gas
proposal, will be an American energy
corridor as much as it is a Canadian
energy corridor.

The United States will have an
interest in the scheduling of pipeline
construction in Canada and, when the
pipeline is built, in seeing that it
remains safe and secure, because it
will be carrying Alaskan gas to the

Lower 46.

The United States can not be
expected to be as concerned as
Canada with the seriousness of the
social and environmental impact of
the pipeline along its route. This

difference, coupled with the Ameri- .

can’s rather more urgent need of gas,
might result in pressure to complete
the pipeline without due regard to the
social and environmental concerns in
Canada. The urgency is in the United
States.

CHAPTER THREE
Engineering and Construction
The proposed Mackenzie Valley



Dene men at Fort Liard hearing

‘pipeline is a new kind of pipelining
venture that will entail innovations in
engineering design, construction and
operation. Canadian engineers and
pipeline contractors have as much
northern experience and expertise as
their counterparts in any country.
Nevertheless, the proposed pipeline
will confront engineers and builders
with major challenges of engineering
and logistics.

When the pipeline crosses perma-
frost both Arctic Gas and Foothills
propose to refrigerate their buried
pipeline by chilling the gas to a
temperature below freezing. Unfort-
unately, because permafrost is dis-
continous along parts of the route,
this ingenious solution to the problem
of thawing frozen ground would create
other problems in previously unfroz-
en ground. The creation of artificial
permafrost around the refrigerated
pipe could cause upward movement
of the ground by a process called
heave. This movement, if it exceeded
certain limits, would damage the
pipe...

In my view, the controversy and
uncertainty that surround the subject
of frost heave and its control reflect

adversely on the proposa.» brought

government of Canada should give

PORT

‘before this inquiry by both compan-
ies.

The question of frost heave is basic
to the theory and design of the
pipeline project. If the pipe is to be
buried, the gas must be chilled. If the
gas is chilled, the result - frost heave
-has to be overcome.

The possibility that for some
sections of the pipe, the buried
refrigerated mode will be replaced by
above-ground construction or above-
ground pile construction brings with
ita host of attendant problems. It
seems to me unreasonable that the

re Inuit young one





ing this route with the coastal. and
interior routes. On the basis of that
evidence, many of the concerns that
led me to reject the pipeline routes
across the northern Yukon do not
appear to apply to the Alaska
Highway Route.

No major populations of any wild-
life species appear to be threatened
by the construction of a pipeline
parallelling the Alaska Highway,
either in the Yukon or in Alaska. The
route follows an existing corridor
along the trans-Alaska pipeline north
of Fairbanks. Like the trans-Alaska
pipeline, this route would come into
contact with only small numbers of
caribou south of Prudhoe Bay...

CHAPTER SIX.
The Mackenzie Delta-Beaufort Sea
Region
The Mackenzie Delta is environment-
ally sensitive and highly important
for the native people. I urge, there-
fore, that no pipeline-either gas or
oil-should be routed across the delta
particularly on its outer part.

I recommend that special measures
be taken to avoid disturbance of fish
populations within the channels and
lakes of the delta and that sanctuaries
be extended across the outer part of
the delta to protect migratory water-
fowl. In order to preserve the white



unqualified approval to a right-of-

,way or provide financial guarantees

to the project without a convincing
resolution of these concerns.
CHAPTER FIVE
The Northern Yukon

I have recommended that no
pipeline be built and no energy
corridor be established across the
Northern Yukon along either of the
routes proposed by Artic Gas. This
means that, if gas from Prudhoe Bay
and subsequently gas and oil from
other sources in Alaska must pass
overland to the Lower 48, the pipeline
will have to be routed through the
southern part of the Yukon Territory.

The only overland route that has
been seriously advanced as an altern-
ative to the routes proposed by the
Artic Gas in the Alaska Highway
Route (also known as the Fairbanks
Route) which is the route proposed
for the Alcan pipeline. This route
would follow the trans-Alaska pipe-
line from Prudhoe Bay to Fairbanks,
Alaska and then across the
southern Yukon into British Colum-
bia and Alberta.

At Whitehorse, | heard evidence
from Arctic Gas and from other
participants in the inquiry, compar-

whale population of the Beaufort
sea from declining in the face of
cumulative stresses imposed by
on-going petroleum exploration and
production. also urge the establish-
ment of a whale sanctuary excluded
from all industrial development, cov-
ering the principal whale-calving
area in the shallow water bordering
the delta...

The greatest concern in the Beau-
fort Sea is the threat of oil spills...
from blowouts in exploration or
production wells, production acci-
dents, tankers, offshore pipelines or
coastal facilities,

Spills could pose a threat to
mammals, birds, fish and the small
organisms upon which they depend...
There is a possibility, too, that
accumulation of oil in the Arctic
Ocean from offshore petroleum de-
velopment by all the circum-polar
countries could decrease the ice cover
on the ocean and bring about climatic
change. In my opinion the techniques
presently available are not likely to
be successful in controlling or clean-
ing up a major spill in this remote
area...

CHAPTER SEVEN
The Mackenzie Valley







The Inquiry hearing in Inuvik.

The Mackenzie Valley is a trans-
portation route that has seen several
‘decades of industrial development.
No major wildlife population is
threatened by a pipeline along the
Mackenzie Valley, and no major
wilderness areas would be violated
by it-but that is not to say that a
pipeline would have no impact.

Clearly there will be impacts, but
they will be superimposed on those
that have already occurred in the
région and in many respects they can
be ameliorated. So, setting aside the
very important socal and economic
issues and the question of native
claims, all of which | shall treat in
subsequent chapters, there is no
compelling environmental reason
why a corridor to bring oil and gas
from the Mackenzie Delta and Beau-
fort Sea could not be established
along the valley.

_ - CHAPTER EIGHT
Cultural Impact

To the Europeans, the native
people’s use of the land, based upon
hunting and gathering, was extrava-
gant in extent and irreligious — in
nature. But to the native people, the
land was sacred, the source of life
and Sustenance, not a commodity to
be bought and sold...

The native people of Canada, and







hie > oe er

‘indeed indigenous people throughout

the world, have what they regard as a
special relationship with their envir-
onment. Native people of the North
have told the inquiry that they regard
themselves as inseperable from the
land, the waters and the animals with
which they share the world.

They regard themselves as custod-
ians of the land...[n their languages,
there are no words for wilderness.

In the North today, the lives of
many native families are based on an
intricate economic mix. Al_ certain
times of the year they hunt-and fish;
at other times they work for wages,
sometimes for the ‘government,
sometimes on highway construction,
sometimes for the oil and gas
industry.

But. if opportunities for wage
employment expand and the pres-
sures to take such work increase, the
native, economy may be completely
transformed. Men will then leave the
small communities to work at locat-
ions from which they cannot possibly
maintain a mixed ‘economic life.
Many people have expressed the fear
that, if the industrial economy comes
to every settlement, if wage employ-
ment becomes the only way to make a

jliving, then the native economy will

‘be debased and overwhelmed.
i CHAPTER TEN

Social Impact oe sien

The social impact that I forsee in
the Mackenzie Valley and the West-
erm Arctic, if we build the pipeline
now, will be devastating.

There are two populations in the
North, a native population and a
white population. Although the latter
increased dramatically since the early
days of the fur trade, the native
people are still in the majority in the
Northwest Territories. Native people
fear that the pipeline and the energy
corridor will bring with theman influx
of white people into ther homeland,
with consequences that will be irre-
versible...

The transition from a native major-
ity to a white majority...clearly has
implications for the future shape of
political institutions in the North.

The native people told the inquiry
that, although they have always been
a majority, 50 far they have played
only a secondary role in the political
life of the North. It is important to
understand what their experience has
meant, because they fear a future in
which their political strength will be
even further diminished unless-as
they repeatedly urged upon me-there



ions and the people themselves
insisted upon this point with virtual
unanimity.

The claims of the Dene and the
Inuit of the North derive from their
rights as aboriginal peoples and from
their use and occupation of northern
lands since time immemorial, They
want to live on their land, govern
themselves on their land and deter-
mine for themselves what use is to be
made of it...

The transfer of the control of the
education of native children, with all
that it implies in the way of
institutions, finance, legislation, and
language rights, must be part of the
recording of relationships between
the native peoples and the federal
government that is inherent in the
settlement of native claims.

It should be quite clear, however,
that the objectives of these programs
for cultural and linguistic survival
cannot be achieved simply by signing
a piece of paper. The settlement of
native claims and consequent enabl-
ing legislation is not the culmination
but the beginning of a new process...

The native people claim the right to

. the renewable resources of the North,

This claim implies that all hunting,
trapping and fishing mghts through-
out the Mackenzie Valley and the

Maggie Fisher of Fort Good Hope

45 a settlement of native claims.

CHAPTER ELEVEN
Native Claims
All the native organizations that
appeared at the hearings insisted
that this inquiry should recommend
to the minister of Indian Affairs and

Northern Development that no right-

of-way be granted to build a pipeline
until native claims along the route,
both in the Yukon and Northwest
Territories, have been settled. The
spokesmen for the native organizat-



oa



Western Aictic, along with the
control of licensing and other func-
tions of game management, should
be giv@n to native communities, and
that, for matters affecting all native
communities, the control should be
vested in larger native institutions at
the regional or territorial level. The
native people seek the means to
manage, harvest, process and market
the fur, fish and game of the
Northwest Territories.

It is worth bearing in mind that

-modermzation of the renewable re-
source sector can be achieved with a
comparatively small capital outlay. A
reasonable share of the royalties from
existing industries based on non-re-
newable resources in the Mackenzie
Valley and the western Arctic would
suffice. Huge subsidies of the magni-
tude provided to the non-renewable
resource industries. would not be
necessary. And the possibilities for
native management and control
would be greater...

In my judgement, we must settle
native claims before we build a
Mackenzie Valley pipeline. Such a
settlement will not be simply the
signing of an agreement... Intrinsic
to the settlement of native land
claims is the establishment of new
institutions and programs that will
form the basis for native self-deter-
mination.

CHAPTER TWELVE

Epilogue; Themes for the National

Interest

If we build the pipeline, it will
seem strange, years from now, that
we refused to do justice to the native
people merely to continue to provide
ourselves with a range of consumer
goods and comforts without even
asking Canadians to consider an
alternative. Such a course is not
necessary, nor is it acceptable.

l have said that, under the present
conditions, the pipeline, if it were
built now, would do enormous dam-
age to the social fabric in the North,
would bring only limited economic
benefits, and would stand in the way
of a just settlement of native claims.

lt would leave a legacy of bitter-
ness throughout a region in which the
native people have protested, with
virtual unanimity, against pipeline.
For a time, some of them may be
co-opted. But in the end, the Dene,
Inuit and Metis will follow those of
their leaders who refuse to turn their
backs on their own history, who insist
that they must be true to themselves,
land who articulate the values that lie
at the heart of the native identity.

No pipeline should be built now.
Time is needed to settle native
claims, set up new institutions and
establish a truly diversified economy
‘in the- North. This, | suggest, is the
course northern development should
take.

We have the opportunity to make a
new departure, to open a new chapter
in the-history of the the indigenous
peoples of the Americas.. We must
not reject the opportunity that is now
before us.

This summary was adapted from
John Sawatsky’s article in The Fan-
couver Sun.

It is for this unborn child

Chief Frank T’Seleie
The Dene people displayed their
strength and wisdom throughout the
Berger Inquiry’s community hearings
in the NWT. A brilliant example of
that was given by Chief Frank
T’Seleie of Fort Good Hope in his
speech on August Sth, 1975. Some 60
other band members also testified
' during the three days of hearings in
Fort Good Hope.
Some excerpts from his speech:

Mr. Berger, you have visited many
of the Dene communities. The Dene
people of Hay River told you that they
do not want the pipeline because with
the present development of Hay
River, they have already heen shoved
aside. The Dene people of Fort
Franklin told you that they do not
want the pipeline because they love
their land and their life and do not
want it destroyed. Chief Paul Andrew
and his people in Fort Norman told
you that no man, Dene or white,
would jeopardize his own future and
the future of his children. Yet you are
asking him to do just that if you
asked him to agree to a pipeline
through this land. Philip Blake, in
Fort McPherson, told you that if your
nation becomes so violent as to force
a@ pipeline through our land, then we
love our land and our future enough
to blow up the pipeline. He told you
that we, the last free Indian nation,
are willing to fight so that we may
survive as a free nation.

You have heard old people and
young people, Mr. Berger. You have
heard people who were raised in the
‘bush and people who were raised i in

igovernment hostels. You have heard
men and women. People who have
worked for the whiteman, and people
who have never sold thew labour.

People from the Mackenzie Delta ta

‘the Great Slave Lake. People have

talked to you from their heart and
soul, for they know, as / know, that if
a pipeline goes through, they will be

All these people have told you one’

thing, Mr. Berger. They have told

_ There will be no pipeline, Mr.
Berger, because we the Dene people
will force your nation fo realize that
you would lose too much if you ever
allowed these plans to proceed. It ts
your concern about your future, as
well as our concern about ours, that
will stop the pipeline.

For our part, Mr. Berger, we
are making our own plans for the
Dene nation. We are making plans
not just for the next 5 or 20 years, but





‘People have talked to you from their
heat: and soul, for they know, asI
know, that if a pipeline goes through,
they will be destroyed. *’



you that they do not want a pipeline.
My people are very strong, Mr.
Berger, and we are becoming even
stronger. That is why I can say to
you, Mr. Berger, yes, we can stop the
pipeline. Our grandchildren will re-
member us, the Dene people here
today, and the Dene people who have
talked to you in other communities,
as the people who stopped the
pipeline from coming through their
land.

There will be no pipeline because’

we have plans for our land. There will
be no pipeline because we no longer
intend to allow our land and our
future to be taken away from us so
that we are destroyed to make
someone else nich.

plans that will guarantee the survival
of our people for the next hundreds of
years. We are making plans not just
for ourselves, but for our children
and our grandchildren and our grand-
children’s children and for their
children after them.

We are like the river that flows and
changes, yet is always the same. The
river can not flow too slow and if can
not flow too fast. It is a river and it
will always be a river, for that is what
i was meant to be. We are like the
river, but we are not the river. We
are human. That is what we were
meant to be. We were not meant to
be destroyed and we were not meant
to take over other parts af the world.
We were meant to be ourselves. To





be what i is our nature to be.

Our Dene Nation is like this great
river. [thas been flowing before any
of us can remember, We take our
strength and our wisdom and our
ways from the flow and direction that
has been established for us by
ancestors we never knew, ancestors
of a thousands of years ago. Their
wisdom flows through us to our
children and grandchildren to gener-
ations we will never know. Pe will
ltve out our lives as we must and we
will die in peace because we will
know that our people and this river
will flow on after us.

We know that our grandchildren
wal speak a language that is their
heritage, that has been passed oa
from before time. We know they will
share their wealth and not hoard it.,
or keep it to themselves. We know
they will look after their old people
and respect them for their wisdom.
Fe know they will look after this land
and protect it and that five hundred
years from now someone with skin
my colour and moccasins on his feet
will climb up the Ramparts and rest,
and look over the river and feel that
he too has a place in the universe,
and he will thank the same spirits
that I thank, that his ancestors have
looked after his land well and he will
be proud to be a Dene.

ft ts for this unborn child, Mr.
Berger, that my nation will stop the
pipeline. It is so that this unborn
child can now know the freedom of
this land that I am willing to lay down
my life.

INES Pig ni nan





Labour, Native, Ecology Groups Unite for Maratastiti Push

The leaders of several major
unions, churches, and native organiz-
ations have announced that they have
allied themselves to declare southern
support for a moratorium on the
construction of the Mackenzie Valley

Pipeline.
ee Included in what is. called the

B.C. Working Group for Moratorium
is the Union of B.C. Indian Chiefs;
United Native Nations; West Coast
District Council of Indian Chiefs;
B.C. Teacher's Federation; Anglican,
Lutheran, Roman Catholic, and Unit-
ed Churches; Society for Pollution
and Environmental Control (SPEC);
and other public interest groups.

After reviewing the recommendat-
ions in the Berger Report, they
concluded that a pipeline construct-
ion moratorium would be in the best
of northern and southerners.

The Berger Inquiry, they say, has
done the country a great service by
outlining “the basic choices we must
consider in approaching what has
been called our northern frontier.”

While the Inquiry is over, the
Working Group says that southern
Canadians must now define the
interest they have in northern pipe-
line development.

The Working Group recognizes a
fundamental concept of social justice



14 NESIKA

Spring Issue 1977

for northern native people: the quest
for self-determination within their
homeland, and that “‘we accept no
less for ourselves.”

A press statement issued by the
pact said that Canada now has the
opportunity to enter into a new kind
of social contract that will respect the

rights of the native people, who form —

a majority of the population in the
north. It adds that Canada ‘“‘must
now take the time to publicly discuss
our priorities as a country’’, since
there is evidence that rapid pipeline
development will actually harm the
interests of all Canadians.

Canada must determine what its
interests are and ask whether they
will be advanced if the pipeline goes

ahead since the public can no longer
accept the national interests as stated
by the multi-national energy compan-
1e5.

The Working Group is worried over
reports from Ottawa that the Federal
Cabinet may not permit a_ public
debate, perhaps not even a debate in
Parliament. This, they say, is’ be-
cause the public is being told that
Canadian interests are too tightly
bound up with a joint timetable with
the U.S. on the delivery of northern

as.
e The possible absence of a public or
parliamentary debate on the issue is
unacceptable to the member groups;
that led to the Working Group's plans
ito initiate such a debate.

Cut-Off Talks On Again —

Negotiations between the Federal
Government, the Provincial Govern-
ment, and the 22 Bands that had
33,000 acres cut-off their reserves

over 60 years ago, now seem to be-

taking place in earnest.

Chief Philip Joe, the Chairman of
the Cut-Off Lands Committee, said
alter the most recent negotiating
session, held May 11th and 12th with
Provincial Labour Minister Allan
Williams and Federal Indian Affairs
Minister Warren Allmand, that he
hopes an agreement can be reached
on the general principles for a
settlement of the cut-olf lands dis-
pute by June of this year.

The May meeting followed similar
negotiating sessions between the

1) Each Band will participate in
the negotiations of its own individual
settlement and its details including
specific principles for settlement that
may apply particularly to that Band.

2) An immediate land freeze on the
cut-off lands including maximum
thirty day extensions to leases and
all other encumbrances.

3) A settlement of the cut-off lands
issue is not to be considered a
settlement, ora partial settlement, of
the general land claim in B.C. Lands
that are returned through a cut-off
settlement are not to be counted with
lands that might be set aside as. part
of the general settlement of the claim
for Native Title.

4) The McKenna-McBride cut-offs
are not the only way in which lands
have been unjustly taken from Indian
Reserves. There are many types of
land losses with which the Govern-
ments must deal. A settlement of the
McKenna-McBride cut-offs issue is
not a settlement of these other types
of losses.

5) Return of land or alternative
land to be made available in accor-
dance with B.C. Government policy

three parties involved on April 20th

‘and March 18th. The talks only

seemed to get off the ground after
Allan Williams announced in the
B.C. Legislature that the Govern-
ment’s policy in the dispute would be
that land cut-off from Indian Re-
serves belongs to the Bands involved.

Earlier this year, the Cut-Off Lands
Committee presented the Govern-
ments with a revised set of 12 general
principles for a settlement. The list
was revised slightly from the original
set of demands submitted~by the
same Committee in 1975.

After the March meeting, Warren
Allmand said that some of the 12
points required greater clarification,
The May meeting saw the Commit-

in February, 1977; that is, three
times as much land as has been taken
from the Bands. Where this ratio
does not provide land of at least equal
value, a larger proportion .is to be
applied. Monetary or other forms of
compensation are secondary.

- No consideration or offsetting is to
be calculated for land added to
Reserves as a result of the McKen-
na-McBride Commission since addi-
tions were within the law whereas

cut-offs were contrary to the Agree-

ment and the law.

6) Any monetary compensation
that is part of a cut-offs settlement
shall not be. considered part _of
compensation for the general land
claim.

Monetary compensation for cut-
offs shall not be taken out of
presently funded programs of the
Department (of Indian Affairs), eith-
er in B.C., or in the rest of Canada.

7) Any Band, individually or col-
lectively, that has spent funds for
research, legal services, or organiz-
ing for a cut-off settlement, is to be

tee present the Governments with a
list of specifics regarding the general
‘principles.

It is understood that all parties
have reached agreement on most of
the 12 points of the general princi-
ples, with there being some disagree-
ment likely over points #8, £9, and
possibly one other.

In an interview, Philip Joe said that
an agreement on the general princi-
plesof a settlement can be reached as
soon as the two levels of government
agree on their mutual responsibilities
and on a cost-sharing formula for the
compensation that will be owed to the
Bands.

reimbursed.

8) Where possible, cut-off lands
will be returned and re-established as
a reserve, or returned in a manner as
determined by the individual Indian
Band. In these cases there will also
be other compensation for the follow-
ing and the same principles will apply
in cases where the land itselfcan not
be returned:

(a) for loss of use since 1916;

(b)_ for damages, for non-Indian
use,

(c) in cases where gravel, lumber
or other resources have been extract-
ed or alienated, Bands will receive
compensation for loss of these re-
sources on current value basis toget-
her with interest: from the time the
resource was extracted or alienated.
“Resource’” to be interpreted in a
broad sense and including such
things as water rights, food, fish and
all other rights or interests of value
associated with the land and its
occupation and use;

(d) Damage compensation for loss
of lands without consent.

9) Where government buildings,
public institutions or public use, such





Don’t Pay —

“Every registered Indian in the
province should refuse to pay their
income taxes!”

That's the recommendation of
Musqueam Chief Delbert Guerin and
he practises what he preaches. This
past April 30th, the deadline for filing
income tax returns, came and went
and was the 3rd straight year that
Guerin refused to file a statement.

It all began, Guerin said, at the
special “think tank” assembly of the
Union of B.C. Indian Chiefs held in
Terrace in early 1975. A motion to the
effect that ‘B.C. is Indian Land’’ was
passed at the assembly, and probably
marked the beginning of the upsurge
in activism in 1975 that included the
Chilliwack assembly, the DIA occu-
pations, the cut-off lands demonstra-
tions and the road and rail blockades
at Mt. Currie, Gold River, and
Stuart-Trembleur.

There was a great deal of feeling
and support for the resolution and
much discussion on how to make the
UBCIC independent of government



Chief Delbert Guerin
funding. Many of the people suggest-
ed that perhaps the delegates . and
other Indian people should refuse to
pay their income taxes and then
forward that amount to the Union, to
keep it financially independent.

In 1975, Guerin refused to file a
statement for the [974 fiscal year
when he had worked as a longshore-

man. However, he was seriously



=

al 2ae



Chief Pike her"
General Principles for a Settlement of the Cut-Off Lands Dispute

as stated by the Hon. Allan Williams

as parks, and structures and facilit-
ies, are on cut-off lands, the land
reverts to reserve status and any
improvements that have been made
become assets of the Band. Bands
can then negotiate leases for non-In-
dian use of such public buildings,
structures, facilities and uses.

10) Where lands that have been
sold but can be re-purchased, funds
used for re-purchase are not part of
other monetary compensation that is
forthcoming. Re-purchase is to be
made by the governments.

11) Independent appraisers ap-
proved by the Bands are to make an
assessment of the value of all lands
taken and all loss revenue and all
damages that have accrued to the
Band from the time of taking and
these amounts are to be the basis of
settlement. Valuations are to be
based on current values because this
land would have been reserve land
today except for the McKenna- Mc
Bride decisions.

Approved by the Committee of
Cut-Off Bands of British Columbia,
April 18th, 1977.





injured in a car accident in mid- 1975

that has left him unable to work since..

then.

When the time came for him to file
his tax return in 1976, he again
refused, and instead asked that the
taxes he paid in 1974 and half of 1975
be returned to him. His basis for
making the request was that he was a
“status” Indian and exempt from
taxes. The taxation. department then
sent him a form asking for his Band
name and number, which he then
supplied. They also asked for the
name of the reserve on which he
worked, since under the regulations,
only “status” Indians working on a
reserve are exempt from income tax,
Guerin replied that “B.C. is Indian
Land” and that all of it should be
considered as having reserve status.

Now that he no longer works and
has been on worker's compensation

benefits since mid- 1975, he isn’t sure

exactly who owes who in the continu-
ing dispute. He states that different

our Taxes!

officials in the department keep
sending him forms and letters; the
latest a.threat that his wages would
be garnisheed if he didn’t produce
the tax returns. Since he isn’t
drawing wages, Guerin feels it isn’t
much of a threat.

Guerin’s reasons for refusing to
file and encouraging other to do
likewise, is to pressure the Govern-
ments to begin seriously to negotiate
the various land claims of different
native groups, including the Mus-
queam people's aboriginal title. He
says that if every registered Indian
did that, ‘it would have a hell of an
effect on the Government”’ and
would bring them to the bargaining
table sooner. He mentioned in partic-
ular the Indian commercial fishermen
who pay large amounts of taxes to the
Federal Government.

He says he knows of others who
have joined a “tax boycott move-
ment”’, and hopes many others will
do the same,



Spring Issue 1977

NESIKA 15

Nicola Loses 1036 Ruling

The Lower Nicola Indian Band has
lost4he first round in its fight against
the Provincial Government and Order
-in-Couneil 1036,

Chief Don Moses has announced
that the work on an appeal has
already begun and has issued_a call
for donations from all bands and
Indian organizations to help fight the
case to the Supreme Court.

The first round of the band’s
historic lawsuit ended on May Sth
when B.C. Supreme Court Justice
Andrews handed down his decision in

Justice Andrews narrowly defined
the many and complex issues in the
trial by stating that the only question
he had to determine was whether the
Province had trespassed on the
Band’s reserves when it sought to
begin work in September, 1975, on
widening the provincial highway
which runs through the reserves on
the route from Merritt to Savona.

The judge said that “the issue is
whether the Province has the author-
ity to enter upon the reserves for the
purpose of widening this road, with-
out the consent of the Indian Band or
her majesty the Queen in Right of
Canada.”’ Andrews said that “in my
view, the Province has this author-
ity.””

He later stated that “the Province
must be allowed, pursuant to its right
of resumption, to enter upon the
Reserves in order to ascertain what
land is required to accomodate the
building of highways... and to con-
duct proper surveys.”

Chief Moses notes that the judge-
ment only gives the Province the
right to “‘ascertain™ what land is
required, and does not give permis-
sion to begin construction.

The Department of Highways’
plans are unknown at this time, and
actual construction will likely be held
up until the matter is finally resolved
in court.

In speaking of the decision, Moses
said that it is a “product of a naive
judicial system concerning native
nights. It is also the product of a
passive Federal Government that has
not assisted or protected the rights of
the band councils in the past."”

The manner in which the Federal
Departments of Justice and Indian
Affairs waffled on the court case
itself, is another example of the
Federal Government's lack of com-
miment to protect Indian rights,
Moses said. Originally, the Federal
Government had agreed to act as a
co-plaintiff in the action against the
Province. However, after much de-
lay, confusion and debate between
the different Departments, it became
clear that there would be no firm

Lower Nicola Chief Don Moses
stand in support, so the Band asked
the court to make the Federal
Government a defendant in the case
along with the Province.

The judicial system is’ “‘ill-pre-
pared’ to deal with a case like the
Nicola lawsuit, Moses states, be-
cause nowhere in the system, even in
law school, do people in the profes-
sion receive any training or under-
standing about Indian rights. The
first time they are called upon to deal
with the issues are as judges forced
to decide complex issues such as the
Nicola case, with little training or
appreciation of the actual rights of
Indian people.

Moses referred to recent court
decisions in the U.S. that will have a
“tremendous impact’ on society;

; namely, the Boldt decision in Wash-

ington State, and the court decision:
in favour of Fadian claims in the State
of Maine. He noted that the courts in





Good

_ The publicity surrounding the
situation of the mative community in
Good Hope Lake has prodded several
government agencies into improving
the living conditions and the quality
of life in that community.

Mrs. Evelyn Rattray, the President
of the UNN Local in Good Hope Lake
and the driving force for change
there, reports that several changes
for the better have recently been
made.

Among them, she cites the fact
that officials from the Rural and
Remote Housing branch of the Cen-
tral Mortgage and Housing Corpora-
tion are working on plans to place

four modern log homes in the

LP dians.



the U.S. are prepared to deal with the
issues, and asked “What's wrong
with correcting injustices from. the
past, even if it costs a great deal of
lime, money, and political embar-
rassment? In the States they do it,
what's. wrong with our judicial sys-
tem?”

The issue, as far as Justice
Andrews was concerned, was simply
a matter of trespass, but to the Band,
there were several more important
principles involved. In taking the
case to court, the Band wanted to:

1) Confirm that the reserves set
aside for the Lower Nicola Band in
the late 1800's were under the control
of the Federal Government before
Order-in-Council 1036 was passed.
Moses criticized the judgement for
ignorng arguments presented by the
Band that the re-crves were set aside
in 1878 under the control of the
Federal Government, some 60 years
before the passage of Order 1036.

2) Confirm that the Federal Gov-

ernment has the sole authority over -

Indians and lands reserved for In-
“Unless the Provincial Gov-
ermmment complies with Sections 35
and 37 of the Indian Act, then they
are trespassing’, Moses states. The
decision ignored the Band's argu-
ments in this area as well, complain-
ed the Lower Nicola Chief.

3) Challenge the authority of
Order-in-Council 1036, which was
passed by the Provincial Cabinet in
1938, and which gives the Province
the right to take up to 1/20th of any
Reserve for roads or other works of
public convenience; without compen-
sation and without the approval of the
Band or the Federal Government.
Order 1036 was meant to settle a
long-standing dispute between the
two governments by finally transfer-
ring control of the reserves in the
province to the Federal authority,
and keeping the right to “resume”
portions of Indian reserves. Another
earlier Federal Order-in-Council (PC
208) was part of the court battle, and

_ Andrews stated in his decision that

“| have no doubt that PC 206 and
Order-in-Council 1036 were validly
made. PC 208 was the culmination of

many years of negotiations and

agreements... with respect to Indian
lands within the Province.”

4) Challenge two recent Provincial
Orders-in-Council (1487 and 1488),
which, based on Order 1036, sup-
posedly gives the Province a right-of-
way through the reserves at least 100
feet wide. The two Orders were
passed in May, 1976, after the issue
had been taken to court by the Band
six months previously. During the
four day trial which ended November
12th, 1976, the Band presented
several arguments which challenged
Orders 1487 and 1488. They argued
that if Order 1036 and PC 208 are
valid, then [487 and 1488 are not
valid because the proper proceduresa
were not followed in passing the
Orders. The Band stated that the
necessary consent of the band and
the Federal Government was not
obtained; that the Province acted on
insufficient information and acted
unreasonably, and since it is impos-
sible to determine how much land is
being “‘resumed”’ for the right-ofway
of at least 100 feet when Order 1036
only allows for a 66 foot right-of-way,
that 1487 and 1488 are “‘vague and
uncertain’’. On this point, the Feder-
al Government agreed with the Band,
and Chief Moses strongly criticized
the judgement for failing to rule on
the validity of the two Orders.

The Band is already researching
the basis for an appeal to be made,
and Moses notes that the case may
not go to the B.C. Court of Appeal
until the spring of 1978 at the
earliest.

If the case is evexitunlly appealed
to the Supreme Court of Canada,
Moses states that the legal fees will
hkely be more than $100,000. They
are already past the $50,000 level,
now, he says, with the Band having
picked up most of that. Because the
issue will affect every Band in the
province, Moses has called on all
bands and Indian organizations to
financially support the court case. He
said that the Band has already
received donations from several near-
by bands (Penticton, Cook's Ferry),
but more will be needed to continue
the historic challenge to the 40 year
old law.





community to replace the tin shacks
that several large families live in. She
hopes to get a definite answer on the
housing soon so that the many small
children living in the trailers won't
have to spend another winter in
them

Frank Calder, the MLA for the
area, has informed the people that he
will continue lobbying the Human
Resources Department to lift the
funding freeze. The freeze has to be
lifted to return control of the hall to
the UNN Local; hire a community
worker to look after the human
resource needs of the people; and
take the van out of storage to begin
meeting the transportation needs.



16 . NESIKA

REET 1977

News in



500

He has also informed them that.a
First Citizen’s Fund- grant in the
amount of $36,000 has been ap-
proved. The grant will be used to
meet the operating expenses for the
hall and to hold arts/crafts and
language classes.

Referring to problems with the
RCMP in the area, Mrs. Rattray
reports that one constable was trans-
ferred out of the area shortly after
the situation hit the headlines. Also
transferred was the local Crown
Prosecutor.

UNN Fieldworker Louie Quock
reports that the RCMP now respond
to complaints much more quickly and
that the general attitude towards the

Hope

native community by the RCMP and
the non-Indians in the area has
improved over the last few months.
It has also been learned ™~ that
Newton Carlick, who was savagely
beaten by Arnold Campbell last
October and has yet to fully recover,
will be suing Campbell for damages.

Complaints about Campbell being
freed after being found guilty of
assault causing bodily harm focused
public attention on Good Hope Lake
in the first place. Several protests to
Attorney-General Garde Gardom a-
bout the lack of punishment or
restitution were of no effect.

Remember the Alamo!

To whom it may concern:

[ am writing for two reasons. First
of all, I feel it my responsibility to
the UNN membership as a past board
member of BCANSI during the “no
funds” period, to state my views
concerning the resignations of fellow
mémbers which were made due to
“lack of healthy per-diems"’, accord-
ing to one of the policy papers from
head office.

Secondly, seeing as how everybody
seems to be all hepped up to this
“unity” thing, I thought | might as
well throw in my two cents worth.

In order for people to “belong”
to any given group, certain conditions
must exist. A person must be aware
of a distinguishable group existing
apart from, but among other groups
of people. Secondly, they must be
aware of possessing qualities or
features which place them in the
group. Thirdly, the “others’’ in the
group must be aware of those
qualities or features that they have
which place them in the group and
make them unique and distinguish-
able from the “others’’ not in the
group. Fourthly, and finally, the
“others” not in the group must be
aware of those qualities or features
which distinguish the group from
them. For any group to “‘be”’ that
must happen regardless of whether
they are college graduates or child
molesters.

In order to promote conflict and
chaos within a group, It is necessary
to dwell on and be pre-occupied with
what could be the very worst effects
of doing such and such. In order to
promote harmony and co-operation
within a. group, it is necessary for
those in the group to see each other
and their actions as positively as
possible. It is necessary to be
pre-occupied with what could be the
very best results of doing such and
such.

Now that those simple facts of
group life are registered, we will zero
in on the status/non-status phenom-
ena.

First, let us consider some of the
concerns status people express re-
garding what it means to be non-
status. It is a legal way of saying
you're not “Indian” anymore. Rather
than staying on the reserves and
sweating it out for better or worse,
the non-status are seen as selling out
their birth-right. [If they don’t make it
the other way, like the prodigal son in
the Bible, they come home crying for
help with absolutely nothing to offer
but the reputation and disgrace of
having dined with swine. Non-status
are seen as deserters, taking the easy
way out, betraying the pride and
dignity of being “‘officially’’ recog-
nized” as part of the tribe; often for a
contemptuously small reward like
getting into the beer parlour.

Of course the non-status see things
in a different light. They see little
puppets dressed as leaders and
jiggled up and down with strings
pulled by the Deporkment of Indy’n
of Fairs and Northern Disintegration.
In return for keeping the cattle in the
corral, these puppets and their
captive audience are seen to be
rewarded with anything their deca-
dent little hearts desire {including, of
course, a “just” settlement) and

preserving an elitist colonial power
structure in which the only possibility
for an individual to have any kind of
prosperity is when his reserve is close
to a white community.

Of course these are only a few of
the more obvious and easiest-to-
defend accusations that we can hurl at
each other. Therefore, if we believe
that the best way to harmony, health,
and prosperity in the nalive commun-
ity is through reducing the friction
caused by fragmentation and internal
power struggles, it is necessary that
we sit down together sometime and
make some sort of serious attempt to
do it.

Many status and non-status indiv-
iduals have loathed each other be-
cause of their titles and other reasons
but over the years have dealt with the
problem on an emotional and intel-
lectual basis. Some have been able to
see beyond this duality to mutual
goodwill and in some cases have
succeeded in dissolving all traces of
the boundary. If -we are serious
about bridging the gap that divides
us, we should start by learning a few
things from people such as these.

The next time you hear of an Indian
community leader that believes in the
division and concept of status and
non-status, ask him/her this ques-
tion: “‘what is your reaction when you
hear that an Indian woman has been
killed for sport by rednecks?” If
he/she says that about ten pounds of
adrenalin is released in his/her
system, contemplates taking a little
hunting trip and becomes even more
determined to stop that sort of thing
one way or another; ask what
difference it would make for the
woman to have been status or
non-status and he/she will probably
alter his/her stand on the issue.

If we see an Indian being beaten up
by a gang of honkies in the bar we get
over right away and help out. We
don’t go running over asking whether
he’s status or non-status before
deciding to pitch in and get involved.
if our concern for each other in real
life goes beyond artificial distinc-
tions, why does it trip us up in
organizational matters?

Another very sensitive area is the
question of women’s rights as op-
posed to men’s. Placing this issue in
the context of survival, we recognize
that this situation is the result of a
vital defence mechanism that saved
the tribes from complete destruction
on early contact with the Euroes. In
early days, when women were more
or less openly bought and sold like
cattle, many native women were
popular with the Euro males. Worse
than the fact that usually there was
no dowery to make up for the loss of
the girl to the tribe, the relationships
were predominately debasing and
dehumanizing for the women. Trying
to provide adequate care for these
casualties and their children on the
Deporkment’s meager allowance
would have been the straw that broke
the camel's back for reserve Indians.

Today, however, with our rapidly
increasing birth-rate, slowly declin-
ing death-rate and apparent survival,
many native women are justifiably

demanding a better place in today’s

society. Even if the native feminists’
wildest dreams were realized and

women did become recognized as
equals, the issue of the tribe's rights
vs. the individual's rights would have
to be considered by anyone concern-
ed about the strength and prosperity
of the tribe.

Are the non-status that have made
it in today’s society willing to turn
over their property (land) to the
Bands in return for Band member-
ship for themselves and their chil-
dren? If Bands set up schools on or
off reserves with an Indian curricu-
lum, would non status people send
their kids there in exchange for Band
membership?



Art Smitheram:
offers his two cents worth.

I hope that those among us who are
talking one people/one fight, when
we talk land claims are willing to
consider these things when attempt-
ing to build some sort of united land
claim front.

In its efforts to help build this
front, the current administration of
the UNN has issued a policy state-
ment that, among other things, tells
us that there are some things we
should have learned from the rejec-
tion of funds. It proceeds to list two
groups of former elected representa-
tives, seeming to fall into a category
of hero or goat. Regardless of the fact
that the very existence of such a list is
mute evidence that some force or
power in this Universe is still trying
to drive a wedge between us, there is
absolutely no justification or truthful-
ness whatsoever in placing many of
the names in their respective cate-
gories based on the premise upon
which the list was made, Le. no
per-diem, no representative.

I know this is true because I
personally approached four of the
people who resigned, ascertained the
reasons for their action and tried to
get them to come back. Others, like
the past President [Fred House], and
the past-past Secretary-Treasurer,
[Lonnie Hindle], | couldn’t be bother-

* ed with as their motives for public

office are entirely selfish and we are
all much better off without them. The
Vice-President [Doris Ronnenberg],
did not resign because there were no
per-diems. She resigned because the
Board committed one of the most
atrocious, disgusting and unforgiv-
able acts in the history of native
politics against her. The good mem-
ber from Burns Lake [George Brown]
resigned in support of her and in
support of responsible native govern-
ment. What I am talking about of

course is the non-confidence vote by
the Board against the Vice-President.

The Vice-President and the good
member from Burns Lake campaign-
ed to prevent us from pulling off the
craziest and most perilous stunt
never before attempted in the real
world [the rejection of funds]. What
we did of course is something we
have all*seen Sylvester the Cat do
many times on the Bugs Bunny Show
and that is saw off a limb while we
were standing on it, forty feet up a
tree.

Their platform has become an
integral part of the current adminis-
tration’s policy i.e. programs are not
inconsistant with the long hard
struggle we all apparently embarked
on two summers ago. Land claims
has been reduced to a pot in every
B.C. Indian kitchen and a chicken in
every pot. A better place for Indians
in contemporary society is danger-
ously close to getting into the
mainstream of Canadian life. Is the
land claim settlement (agreement,
that is) going to be an inner tube so
that we can float around in the
cess-pool instead of swim in it; or 1s it
going to be a pump so that we can
drain it and plant a garden?

Was the Vice-President voted out
for not rejecting funds? Certainly not.
Reject funds? We never rejected
funds. If you think we rejected funds,.
you're really crazy and still haven't
learned anything from the rejected
funds period.

The majority of the Board
was against concrete support of
organizing on a tribal basis.

We lost the talents of this UBC Law
Graduate [George Asp] because we
weren't willing to donate even one
single postage stamp to the Tahltans.
People who yap about lack of
dedication of those who resigned
should realize that we lost this
brother because although we had a
budget of $383,000 we couldn't afford
to give the Tahltans an § cent postage
stamp for land claims work. | asked
the Tahltan representative if he
would like me to resign in support of
his request, but we decided it was
necessary to have at least one or two
sane Indians on the Board, so
reluctantly, I hung in there.

You can-do yourself, your unborn
children, and the native community a
big favour by going to a library or
ordering a copy of Roberts’ Rules of
Orders and read it for two hours. The
political process can be an exciting
and vital part of your life in which you
can participate even as an observer.
You have to know who the players
are, the rules, and what your role is;
otherwise, you'll be bored to death by
a bunch of wind-bags and get the
wool pulled over your eyes time and
time again by a bunch of talk-boys
and girls who never really did grow
up.

In conclusion, | would just like to
say that I think we are now more or
less onthe right track and as long as
we remember the Alamo, support
Girl Guide Cookie Week, and brush
after every meal, there is just no way
that we can go wrong!

Arthur Smitheram
Penticton



Spring Issue 1977

NESIKA 17

Steady growth and progress in all
areas of the over-all d ent of
the B.C. Native People’s Credit
Union was reported at its Sth
Annual Meeting held April 17th.

Highlights of the meeting, held in
the Council Room of the Squamish
Band's offices in North Vancouver,
included the adoption of the fmancal
statement which boasted a $2,655
profit on operations in 1976, A vote of
confidence was given the four mem-
bers of the Board of Directors whose
terms had expired when they won
re-election to their posts in the
voting.

The audited financial statement
that was adopted by the membership
present showed several significant
changes from the ponies year.
Following are the hi of the
statement for the 1976 . fiscal year
with 1975 figures in brackets () for
comparison: .

Assets: $655,006 ($422,566) - an
increase of 55%.

Loans to Members: $260,779,
($80,382) - an increase of 224%.

Membership: 543 (411) - an
increase of 32%.

Net Income for 1976: $2,655
($12,683 loss in 1975).

At the meeting, President Brian
Maracle strongly criticized the Credit
Union Reserve Board for refusing to
allow the B.C. Native People’s Credit
Union (BCNPCU), to pay a 5%
dividend on the shares owned by the
membership. (The Credit Union Res-
erve Board is a supervisory agency
for all credit unions in the province.)
Maracle pointed out that the 5%
dividend would have totalled $700
and could easily have been covered
by the $2,655 profit made for the
year. It was reported then that the

‘profit was placed in the reserve fund

~ a5 an allowance against bad debts.

The Board of Directors report
stated that a resolution passed at the
1976 Annual Meeting which called
for a hiring policy giving preference
to native people was acted on. Since
that meeting, Ms. Kathy Stevens has
been hired as the Office Administra-
tor for the Credit Union under the
new policy.

The Directors report noted that
imcreased member traffic through the
old one-room office made the move to
larger offices in the same building a
necessity. The report stated that the
new office “will enable members to
transact business at a teller station;
will provide much-needed privacy
during loan interviews; and will also
provide the space requirements to
operate a chequing service” planned
for 1977.

Until July of 1976, the B.C. Native

thy asked the B.C, Central Credit
Union to review and report on the
operations of the BCNPCU after the
Credit Union made its request in
early December.

In addition to providing written
support for the request, in addition to
the Credit Union Reserve Board, the
B.C. Central Credit Union made the
following observations in its report
completed in February:

“the democratic structure of the
credif union is somewhat more
sophisticated than that enjoyed by
credit unions of a similar size, and
would indicate an awareness on the
part of the elected officials ... of the
need for future planning and provi-
sion of direction in the development
of this credit unton."’

“..- the credit union is enjoying
more than adequate administrative
expertise at the current time.”’

“the internal control system of the



““Our experience has shown that a
native-owned and native-managed
business CAN turn a profit.’

People’s Credit Union was the only
native credit union in Canada. At that
time, the Alberta Native People’s
Credit Union was founded under a
common bond that is the same as the
BCNPCU’s.

The Directors report noted that the
Board and management of the Credit
Union had been trying for some time
to get the B.C. Government to
deposit $1 million directly into the
BCNPCU from the First Citizen’s Fun
The deposit was requested to help
meet the long-range goals of the
Credit Union more quickly; namely,
the development of branch locations
throughout the province, and the
establishment of a loan portfolio for
mortgages and business loans on
Indian Reserves. (The BCNPCU al-
ready holds a $350,000 deposit
from the First Citizen’s Fund.)

Provincial Secretary Grace McCar-

J

credit union ... contains a degree of
accounting sophisitication usually not
found in credit unions of this size.”*

The Directors report also noted
that the past year marked a break-
through in certain lending areas with
mortgages and business loans being
granted for the first time.

A trouble spe: for the BCNPCU in
the past has been that of delinquent
loans, but the report notes that
“although it may take quite some
time before this problem is fully
resolved, the membership should be
encouraged in that an experienced
lending management, a revised lend-
ing policy, and aggressive collection
procedures have combined to reduce
the delinquency problem to manage-
able proportions.”” The delinquency
rate is only a couple of points above
the national average and decreasing
steadily.

Progress - Slow, but Steady

There were four vacancies on the
seven member board at this year’s
elections, and six people stood for
election. Re-elected to the Board
were the past-President, Brian Mar-
acle for a 3 year term; Gloria Joe, 3
‘years; George Leonard, l year; and
Pat Piatocka, 1 year. Remaining as
hold-overs on the Board are Alvin
Dixon, Chiff Atleo, and Steve Carpen-
ter.

Plans announced for the coming
year include the gradual introduction
of chequing services for all member
accounts by year-end. Work is also
underway to become recognized as
an approved lending institution so

_ that loans may be granted for

on-reserve housing and businesses
with the Ministerial guarantee.

The budget for 1977 predicts that.
by year-end, the BCNPCU will have
assets of $1.1 million, $630,000 out on
loan, and 700 members.

With the financial troubles of other
native co-ops in mind, the Directors
report that “‘our five years of
experience since incorporation has
shown that a native-owned, native-
managed, and native-controlled bus-
iness can turn a profit.”” It added that
the BCNPCU can help create greater
economic freedom and power for the
native people in B.C. That freedom,
the report states, “will come from no
longer having to deal on the fringes
of Canadian business - with the
company store, high-interest finance
companies and the like, that profit
from the situation of native people in
this land.”*

“Economic power for native people
will come from the development of a
financial institution that can hold its
own in the marketplace of Canadian
business’’, the report concluded.

The B.C. Native People’s Credit
Union is open to persons of native
ancestry, members of their immed-
iate families, and employees of native
organizations and businesses.

The address is #415-193 East
Hastings, Vancouver. The telephone
number is 669-7245, and the Mana-
ger is Jean Rivard.





In what appears to be one of the more
knuckle-headed plays of the year, the
Fisheries Department, going against
the advice of two of their own senior
fish biologists, has scheduled an
opening for sockeye fishing in Area
2? near Quatsino at the northern tip
of Vancouver Island.

In reports dating back to Septem-
ber 2nd of last year, biologists D.C.
Schutz and Don Anderson -recom-
mended that the area be closed to
fishing this year until at least the end
of July, for conservation measures. In
their wisdom, however, the Fisheries
will allow commercial fishing to take
place for four days a week beginning
on June 15th!

The Land Claims Committee of the
Nimpkish Band Council has written
several strong letters of protest to
Fisheries Minister Romeo LeBlanc.

impkish Fi

The issue has also gained the written
support of the Native Brotherhood

and the Nimpkish people are seeking
wider support from other coastal

During June-and July, Area 27
holds the salmon stocks headed for
Smith and Rivers Inlet, and the
Fraser River. What concerns the
people of the Nimpkish Band at Alert
Bay, however, is that Area 27 also
holds the salmon that will return to
the Nimpkish River.

Over 80 boats fished the area in
1976 and a memo written by biologist
Don Anderson on last September
30th said that “the timing and the
increased catches in Area 27 com-
bined with the simultaneous decrease
of Nimpkish sockeye in Area 12
during 1975 and 1976 would indicate
that a significant portion of Nimpkish



18 NESIKA

Spring Issue 1977

hts Fisheries

sockeye were in that 80% non-Fraser
catch in Area 27 during July.”

Agreeing with senior biologist
D.C. Schutz, Anderson said that “T
would also question whether the
early fishery in Area 27 is a good
one...’" He added that conservation
of the Nimpkish stocks would be
“critical”’ because “the 1973 escape-
ment suffered a 50% kill on the
spawning grounds (parasitic fungus).
To insure adequate escapements
during the coming two years, Nimp-
kish sockeye should be subjected to
little if any, harvesting in Area 12 and
no additional exploitation else-
where.””

Anderson ended the memo with
the recommendation that Area 27 be
-closed to net fishing during the entire
month of July this year and next.

. Ameeting of four senior biologists,
including Schutz and Anderson, was

called last December to discuss the
matter. A compromise was reached
at that meeting that would allow
some of the Fraser River stocks to be
fished while protecting the Nimpkish
stocks. The meeting recommended 2
days fishing per week until July 3rd,
followed by a three week closure. The
latest details of the Fisheries’ open-
ings is that the area will be open for
four days a week with no July
closure.

With the traditional food source of
the Nimpkish people already at
dangerously low levels; with the
Fisheries Department going against
the recommendations of their own
staff people, and with an expected
increase in the number of boats in the
‘area this year, can the Nimpkish
people be blamed for wondering if
the salmon will be next, now that the
buffalo is gone?

Nazko Talks Deadlocked

The campaign by the Nazko and
Kluskus people to control the log-
ging, resource use, and over-all
development that is planned for the
1,400 square miles of their home-
lands is now over four years old, and
their dispute with the Provincaal
Government is once again at a
stalemate.

A long-awaited meeting between
the Nazko and Kluskus representa-
tives and Allan Williams, the provin-
cial Minister of -Labour responsible
for Indian matters, ended recently in
a deadlock as the Government _re-
fused to consider their demands for a
controlling interest in their tribal
territory 60 miles west of Quesnel.

* That-no further encroachments of
any kind by outsiders shall be
permitted on the remaining unspoil-
ed portions of our aboriginal terri-
tory.

* That we shall take what steps are
within our power to protect and keep
for ourselves and our children, the
right to continued and undiminished
use of those remaining unspoiled
portions of our land and resources.

* That we are prepared to meet
with the proper authorities of provin-
cial and federal governments. to
discuss our land claims and to
establish joint means of protecting
our separate and mutual interests.



“Our offer is a significant departure
from government policy. If you don’t
accept it, you are making a serious

mistake. ”’

- Labour Minister Allan Williams



The immediate concern of the
Nazko and Kluskus people is the
logging road that is being smashed
through their woodlands and trap-
lines and the logging, hunters, tour-
ists, and “development” that will
follow. They have stated that “we are
not against logging or the timber
industry, We are willing to share our
‘land which we have traditionally
utilized from ages past with outsiders
for the benefit of all."’

In 1973, 1 Nazko and Kluskus
Bands wrote to the NDP Government
and asked that a moratorium be

. placed on development in the area

‘until we can present you with a plan

that will allow development without
destroying « people.”’
The Bands were shuffled from one
government department to another,
and for six months late in 1973 and
early 1974, fought off an “instant
town’ just two miles from the village
of Nazko. The subdivision plans were
cancelled in April of 1974, but the
government announced at the same
time that a logging road would be
built into the area.

A blockade by band members on
may 15th prevented road-building
crews from beginning work, and led
to a meeting with NDP Cabinet
Ministers that led to a temporary
delay in road construction.

UBC Professor Michael Kew fin-
ished the Nazko-Kluskus Study Re-
port in late August of that year,
which was then presented to the
Government. Some of the recommen-
dations included in that report were:

* The Government recognize the
aboriginal rights of the Nazko and
Kluskus people.

* A multi-use planning boerd be
created, including both the white and
Indian ‘residents of the area.

* No logging road construction be
permitted for three years.

The Government refused to meet
with the Bands to discuss the Study
Report, and on March Sth, 1975, the
Bands published their Declaration.

The Declaration states that the
Nazko and Kluskus people of the

Southern Carrier Nation declare:
* That we continue to hold
aboriginal title to the area.

No progress was made on the
continuing dispute and in March
1976, the Declaration was re-affirm-
ed.

Provincial Ministers Williams and
Waterland (Forestry) then rejected
the bands’ “invitation to launch a
creative experiment’’, and ordered
road construction to begin in the area
in July, 1976. Instead of agreane ie
joint comprehensive planning for the
area, they asked the Banda for
specific points of concern. s
bs tepty, the Bands drew ais
of 20 specific guarantees in exchange

for which they could live with timber

harvesting considered necessary for
the economic well-being of Quesnel
and Vanderhoof. Included in the
demands are: calls for the Indians to
control virtually all forms of develop-
ment in the territory, in which the
Indians still outnumber whites.

To dramatize their demands, a
series of public demonstrations were
held in late. 1976 that saw Williams

apree to a meeting with the Bands ~

“before Christmas’’, or as soon as
the other members of the Provincial
Cabinet. had given their input on

matters within the 20 points affecting —

their departments.

That meeting wasn’t held until
April 22nd, when Williams and Alex
Fraser, the MLA for the area and the
Provincial Minister of Highways, met
with representatives of the two
Bands. During the three-hour meet-
ing, Williams refused to accept even
one of the 20 points and called them
“contradictory” ’.

Instead, the Ministers only repeat-
ed earlier token offers to: 1) train
Band members in timber harvesting
work and 2) let cne person sit on an
informal advisory committee with
representatives from the Forestry
Service and the Fish and Wildlife
Branch. ihe

In a reply to the Government's
timber-harvesting job-training offers,
Stanley Boyd said “we want proper
planning for a proper future; short-
term jobs create more problems: than
solutions. ‘What we really want is for
our children of tomorrow to live on

this land.
The Band representatives pointed

mittee, he said

out that the proposed committee
would have no power to make
decisions other than minor adjust-
ments of road-layout etc., and the
committee would be entirely unable
to do the comprehensive resource
planning which the Bands have been
insisting on for the past four years.
Nazko Band Manager Dennis
Patrick complained that “we've
made a concession and got nothing in
return.””
Stanley Boyd, a Kluskus Band
member, said that the Government
isn’t listening to the. Indians at all.

“Williams is telling us to sit on a ~

committee with no power so we
make our concerns known. We have
already made our concerns known
for 4 years. The Forest Service has
shown it can’t deal with them’”’,Boyd
Stated, and he asked “‘what do we
need a committee for, when the
decisions we need are high-level and
political?”’ Participating with the
Forest Service on an advisory com-
“would be like
planning our own destruction.”
Williams said that the Government
is “not prepared to shut down the
eer to have endless discuss-
” He said that the offer of token
reawesennaiane on the committee was
"a significant departure from Gov-
ernment policy’, and that “if you

don’t accept it, you are making a

serious mistake.””

After being pressured, the two
Ministers admitted that. road-build-
ing and timber-cutting plans for the
Nazko and Kluskus areas.were

already laid out by the Forestry

Service and that no significant alter-
ations would be considered.

The Band representatives present-
ed arguments that timber from the
Kluskus area isn’t needed by the
mills in Vanderhoof since there is
timber available in other work circles.
The Bands were then told that the
Forestry Service may have made a
bad decision a year ago, but the plans
can’t be changed.

As a press release from the two

‘exist. They are not prepared to enter

into an informal arrangement and
thereby signify their consent to a

pattern. of resource development

within their own homeland that they

are powerless .to affect.They are

ing asked to compromise even
further while the government does
not commit itself to anything.. They
are being told to abandon their
firmly-held convictions in exchange
for minority participation on a com-
mittee without power and with no
guarantee of any protection of rights
and interests.”"

Kluskus Chief Roger Jimmie sum-
med up the meeting when he said
“we came to listen to what he had for
us in return for destroying our land
and our way of life’’, and “‘he just
repeated things we had rejected long
ago as unworkable. He has not
offered us anything.”

Williams refused to meet further
with the Bands, saying that they
should first discuss ““some of the
immediate problems” with the For-
estry Service.

The Government has scheduled
road construction to re-start in the
near future, and the Nazko and
Kluskus Bands Pfess statement
warns “‘the impass threatens to
become volatile unless the Provincial
Government deals with the situation
with the seriousness it deserves.”’

A December editorial in the Inter-
ior News blasts the double standards ©
of this Government in the handling
of Nazko-Kluskus issue. It said that
the Government ‘‘is exhibiting some
of the most blatantly contradictory
behaviour yet witnessed in this
province. ;

“For four years the provincial
government has ignored the simple
request of two Indian bands for
mutual Srekpeee of a logging
plan.

‘And yet, in the matter of four
hours, that same government, at the
request of a handful of predominately
white citizens near Cedarvale, B.C.,
put an immediate halt to a logging
plan that would see timber h arvest-

‘Participating with the Forestry
Service on an Advisory Committee
would be like planning our own

33

destruction.

- former Kluskus Chief Stanley Boyd



Bands stated: “In short, the Minis-
ters conceded that the style and pace
of timber harvesting was going to
proceed with or without Indian
participation and that no guarantees
of Indian rights or interests in the
area would be considered apart from
consideration of specific areas of
concern voiced to the Forest Service
through the proposed advisory com-
mittee.””

The statement continued and said
that the Bands “see no reason why
their proposals for long-range plan-
ning (like the Babine Integrated
Management Unit, the Seaton Co-
ordinated Resource Plan and others)
can not be accommodated. They

submit that ‘major problems’ aor



ee

ang on the faces of the Seven Sisters
Mountain Range.

"The primary concern of the Seven
Sisters group centered on (beauty):
clear-cut logging on the face of one of
B.C."5 most beautiful mountain ran-
ges. Their second concern related to
possible run-off problems in the
spring as a result of the logging.

“Both are very legitimate concerns
and the government acted in a
reasoned and responsible way.

“How, then, can that same govern-
ment rationalize its utter refusal to
even discuss a similar request from a
group of people who are fighting for
the continued existence of their way
of life?”
Well, how can it?



Spring Issue 1977

NESIKA 19

Re a ee ama

FBI Death Threats Forced

Myrtle Poor Bear, whose sworn
statements were the major ‘evidence’
that forced the extradition of Leonard
Peltier to the U.S.; emerged from a
year of hiding to testify at his trial for
murder where she denied all of her
earlier statements that Peltier was
the killer of ‘two F.B.I. agents in a
shoot-out on the South Dakota Pine
Ridge reservation in 1975.

On the witness stand in the Fargo,
North Dakota trial that found Peltier
guilty, Poor Bear denied ever making
any of the statements in three signed
affadavits, and said that two FBI
agents forced her to sign them under
threats of death to herself and her
child.

Poor Bear told the dramatic details
of her experiences while being held
in the FBI's “protective custody” for
the past year, in an interview in the
NESIKA offices as she prepared to
return to the U.S. where she fears
meeting harm or death at the hands
of FBI agents.

While in Vancouver, Poor Bear
made sworn statements to Stuart
Rush, One of the lawyers acting for
Leonard Peltier in his Vancouver
extradition hearing and appeal last
year. Poor Bear hopes that the
affadavits will help Peltier win his
appeal of a murder conviction for the
death of the two-FBI agents at a trial
in Fargo, North Dakota, which re-
turned the guilty verdict this past
April 18th.

Myrtle Poor Bear’s account begins
over a year-ago in February of 1976
when she was questioned and haras-
sed by two FBI agents regarding the
deaths of two FBI agents on June
26,1975. She was also questioned
about the death of another Indian,
Marvin Mottleaux.

At that time, Leonard Peltier,
Darrell Butler and Steve Robideau
were charged with killing the two FBI
agents in the Pine Ridge shoot-out. In
the unrelated Mottleaux shooting,
Richard Marshall and AIM leader
Russell Means were charged with
murder, although the charge against
Means was later dropped.

In her Vancouver interview, Poor
Bear detailed how she had been
forced to sign affadavits to the effect
that Marshall had confessed shooting
Mottleaux to her on three separate
occasions, when he had never done
so. Poor Bear said that she signed the
false statements after repeated
threats about her seven year-old
daughter were made by Bill Wood
and Dave Price, the two FBI agents
who were questioning her, as well as
the Penington County Sheriff, Don
Phillips.

Poor Bear related how the three
men made up a totally false story
about the confessions including a lie
detector test that never took place.
She then told of being taken into
protective custody by the FBI on
about March 1,1976, and given
phoney identity, including a driver's
license in the name of Janice Blue.

After she falsely testified at the
Marshall trial in April of that year,
Poor Bear agreed to go into hiding
because the FBI had convinced her
that AIM members were going to kill
her for her testimony.

At the same time that she was

being questioned about the Mott-

‘leaux/Marshall case, Poor Bear stat-
ed that Wood and Price were also
‘questioning her about the shoot-out
between the FBI and AIM members
the previous year. Saying that many
people had placed her at the scene of
the shoot-out near Jumping Bull Hall
on the Pine Ridge Reservation, Poor
Bear stated that the two agents

. threatened to “do away with her” if

she refused to co-operate.

In February of 1976, Poor Bear
stated she was given two affadavits to
sign which she was not allowed to
read. The affadavits later turned out
to be contradictory statements that
Leonard Peltier had killed the two
FBI agents in the 1975 shoot-out.
Fearing for her life, she signed the
statements, not knowing they related
to Leonard Peltier and the 1975
shooting.





"f... saw Leonard Peltier shoot the
man who was standing against the
car.../ saw that man’s body jump into
the air and fall to the ground...
turned, ran and left the area. As |
was running away, | heard several
more shots from the area from which
I just fl

Poor Bear stated that she did not
know Leonard Peltier, was not his
girlfriend, as the affadavits claim,
and had never met him until she
testified at his murder trial one
month ago.

After she stated she was forced to
sign the affadavits and went into
hiding, she was unaware that they
were being used in the Vancouver
extradition hearing of Peltier’s.

During her year on the road, Poor
Bear states she was in the constant
company of two U.S. Marshalls, a
man and a woman, and that they

LEONARD
PELTIER

Betis beret

i

fiat, | ete

hee ae fa ra:
el. Fad Vier
a

Myrtle Poor Bear

Two different versions of Poor
Bear’s involvement with Peltier and
the shootings are contained in the
two affadavits signed just eight days
apart in February 1976.

The first said in part that:

"During August, 1975, [ met
Leonard Peltier again at Crow Dog's
Paradise on the Rosebud Indian
Reservation... Pe talked about the
killing of the two FBI agents near
Jumping Bull Hall.

“Leonard said it makes him. sick
when he thinks about it. He said that
one of the agents surrendered but he
kept shooting. He said it was like a
movie he was watching but it was

real, he was acting right in it. He said

-he lost his mind and just started

shooting. He said he shot them and
just kept pulling the trigger and
couldn't stop.”"

In the second affadavit Poor Bear’
signed, a much different version is
told. The statement in part read: “J
heard shooting...and walked approx-
imately 50 yards to where I saw two
cars, both of which | recognized to be
government - cars.

When I got to the car, Leonard
Peltier was facing a man which I
a to be a special agent of the



"Spring Issue 1977

traveled throughout the west under a
false identity. They would stay about
three weeks or a month in a town and
then move to another.

During the year, she was taken to
the area of Jumping Bull Hall on a
number of occasions by FBI agents
Wood and Price.

At the scene of the 1975 shoot-out,
Poor Bear states, the two agents
would point out the location of the
dead agents’ car, and the locations of
the bodies, and told the FBI version
of the shooting. At the same time,
she adds, they showed her pictures of
the dead agents.

Poor Bear also says she was
frequently shown pictures of the body
of Anna Mae Aquash, the Nova
Scotia Indian woman who was found
dead on the Pine Ridge Reservation
on February 26,1976, at roughly the
same time that Poor Bear was forced
to sign the Peltier and Marshall

affadavits,
Although FBI agent Price had

arrested Aquash only four months
earlier after having searched for her
for months to question her about the
1975 Jumping Bull Hall shoot-out, he
didn’t recognize her as he took the
photographs of the dead woman the
day she was found.

Myrtle Poor Bear adds that before
Aquash was identified by finger-

prints, Agent Bill Wood knew all.
along who the dead woman was, but
ordered the hands cut off and sent to
Washington to be sure.

The FBI now states that it has a
questioned over 200 people in the
Aquash killing and that the investi-
gation is still open.

Poor Bear states that Agents Wood
and Price would constantly remind
her of what happened to Aquash and
show her pictures of Aquash’s body
and told Poor Bear that the same
thing could happen to her.

By March of this year, Leonard
Peltier was ready to begin trial in
Fargo, North Dakota for the murder
of the two Agents in 1975, and Myrtle
Poor Bear was still listed as a witness
for the government.

Although she supposedly was to be
a government witness, her affadavits
were never introduced and she was

“never called to testify. She was called

by the defence, however, to testify in
Peltier’s behalf.

At the trial Poor Bear stated that
she never had lived with Peltier and
had never even seen him until she
saw him in the courtroom that day.
She also said she had never been in
the area of the Jumping Bull Hall
until Agents Wood and Price took her

nici reports also added that on
the stand, Poor Bear told how Wood
and Price warned her about going to
jail for 15 years for conspiracy. They
also warned her that the American
Indian Movement would kill her
because of her testimony, and. that
they themselves would kill her. Poor
Bear said in court that Agent Wood
said he could “‘get away with killing
because they were agents.”

The testimony of Agents Wood and-
Price was not used in the Peltier trial
and the trial judge refused to let Poor
Bear's testimony be heard by the jury
because “the credibility of this
witness is $0 suspect that to permit
her testimony to go to the jury would
be confusing the issues, may mislead
the jury and be highly prejudicial.”

The judge and prosecution hinted
that the people that Poor Bear was
actually frightened of were the
members of AIM and not the FBI.
She told, though, that when she
returned to her home on the Reserv-
ation, she was welcomed by a large
crowd of well-wishers after they

learned what her testimony at the

trial had been, cae
THE TRIAL

An all-white jury found Peltier
guilty of first-degree murder in the
case after nite hours of deliberation.

The judge in the case ruled that
80% of the evidence that the defence
wanted to introduce was not admiss-
able, because the testimony would be
limited to the events of June 26,1975.

The evidence that was introduced
by the government was all circum-
stantial. Although four people claim-
ed to have seen Peltier in the area on
the day of the shooting, there was no
witnesses to the killings.

One of the four witnesses was an
FBI agent who testified he saw
Peltier a half-mile away through the
telescopic sites of a rifle as he ran in
the opposite | direction.

Three other witnesses who stated
they saw Peltier in the area were

: continued on next page

Testimony from Poor Bear



teenage Navajos. One of them,
Michael Anderson; testified he was
threatened with a beating by Agent
Gary Adams. Charges against Ander-
son for firearms violations and armed
robbery were. dropped, presumably
as a result of his testimony.

Another of the three, Wilford
Draper, testified about the shootings
only after being handcuffed to a
swivel chair by Agent Adams and
being swung around for four hours.
Draper also testified that he was
offered a new identity, education,
money, a job, and protection.

The third, Norman Brown, said

that during questioning, he was
threatened by Agent Vincent Hume
that “if you do not talk to us, you may
never walk this earth again.
Peltier was only one of four men
charged with the killings. Murder
charges against Jimmy Eagle were
dropped after it was proved that he
was not in the area that day, and
in fact, was at his grandmother's
home.

Two others, Darrell Butler and
Robert Robideau, were charged and
tried in Cedar Rapids, lowa in

Carriers Ho



mid-1976. An all-white jury decided
after five days of talks, that the two
were not guilty of the charges.

The FBI's sole chance to “get
even’, as some of their agents have
swom to do, was with Leonard
Peltier.

During his trial, Peltier’s defence
team, headed by New York City
lawyer Elliot Taikeff blasted the
government and the FBI's conduct in
the case. “I am alleging” said
Taikeff, that “agents of the FBI
committed a federal crime of coercion
and obstruction of justice. What are
the facts in this case? They are that
an FBI agent threatened.a person to
whal amounts to ‘if you do not help
us...even though you were not there..
I will see to it that you are indicted for
murder.” ”

Continuing, Taikeff said that ‘this
IS part of a pattern we are eqgtitled to
show. Terrible things have beén done
to get evidence. A witness was tied in
a chair for four hours.”

Immediately after the trial, Myrtle
Poor Bear travelled to B.C. and
stayed in the province for about two
weeks when she decided to take her





Peltier: sentenced to 2 life terms,
eligible for parole in 30 years

information to the public and seek
justice for Richard Marshall, Leonard
Peltier, and Anna Mae Aquash.
Feeling her life would be in
danger, she accepted the recom-
mendation of Peltier’s defence team
and told her account of the affadavits
and the FBI's misconduct, to Van-

Several hundred Carrier people
gathered on the banks of the Bulkley

wea, ~- River over the May 21-23 weekend,

Sidi atte Waniineasy Wiinaeae ke WA Genk aie ud Ts a
gathering on the banks of the Bulkley River.



The 3rd Annual Meeting of the
United Tahltans Association will take
place from July 1st through 3rd. The
meeting will be held on the reserve at
Telegraph Creek, the heartland and
traditional meeting place of the
Tahltan people.

The major item to be dealt with at

the assembly will be the ré-drafting
of the society's constitution.
- The efforts of the Tahltan leaders
to organize the U.T.A. have been
hampered for several years by the
lack of funding. United Tahltan Vice-
president Ed Asp stated recently that
although the funding situation is still
uncertain, he is “confident” that the
organization will receive some level
of federal funding to carry on and
expand its operations.

As the northern neighbours of the
Nishgas, the Tahltans have a keen
interest in the progress of the
negotiations. They have already ex-
changed maps with the Nishga Tribal

‘Tahltans to



Council on their mutual boundary,
and Asp reports that there is no
conflict in the Nishga-Tahltan boun-
dary.

Other concerns likely to be men-
tioned at the upcoming assembly are
the shutdown of construction on the
Dease Lake extension of the B.C.
Railway, which local whites reported-
ly, and mistakenly, blame on the
Tahltans’ land claims efforts.

Another item likely to be discussed
will be the proposed pipeline carrying
natural gas from northern Alaska and
Canada to southern homes and
industries. The route of the proposed
Alcan pipeline will follow the Alaska
Highway through the Yukon and
northern B.C. - right through the
Tahltan territory. There have been
reports that the Tahltan Association
will oppose the pipeline plan at the
upcoming hearings of the Inquiry
headed by Professor Ken Lysyk.

~~ for a memorial potlatch and to

celebrate the first Carrier clan gath-

ering imover 30 years.

The memorial potlatch was held to
honour the memory of the. late
Thomas George, a hereditary chief of

the Git-dum-dehn (Bear and Wolf

Clan), and an active leader in the
aboriginal rights movement some 30
and 40 years ago.

The potlatch was held in Morice-
town and attended by two hundred
people.

Organized chiefly by Gloria Geo-
rge, a daughter of Thomas George
and the past President of the Native
Council of Canada, the weekend was
also organized to icbiaie's gather-
ing of the five clans of the Carrier



atheri

couver lawyer Stuart Rush, before
she left South Dakota.

Before leaving, Poor Bear stated
she was ready to go home and help
the defence to prepare the appeals in
the case of.Marshall and Peltier. She
hopes that the killer of Anna Mae
Aquash will be found out now that
she has reported that the Agents in
charge of the investigation withheld
evidence.

Poor Bear also knows that since
she directly blames at least two FBI
Agents and a county Sheriff for major
crimes in the way they worked

. through the cases, she will face great

danger on her return to her home in
South Dakota. ;

A Rolling Stone article states that
traditional Lakota medicine men con-
ducted their own special inquiries
into the death of Anna Mae Aquash.
“In two seperate ceremonies they
received the same answer: a reluct-
ant Indian had carried out the
execution on the orders of two white
men.

“In time, the medicine men say,
the names of the killers will be
known.”*



Nation.

A major purpose of the clan
gathering was to have the Carrier
elders inform the young people of the
traditions and history of their people.
During the speeches held at the
campsite 13 miles east of Smithers,
the elders spoke with great feeling af
the destruction caused to the Carrier
trapping grounds and hunting ran-
ges. Most strongly voiced their
disapproval of government logging
plans and the further issuing of
logging permits in the area, which
will further endanger their traditional
food source.

The hereditary chiefs of the five
clans are planning a meeting in
mid-June and the clan gathering
organizers hope that it will become
an annual event.

Meet in July



Sine of the United Tahltan Association Executive, including Vice-
President Ed Asp at left, during April m meeting i in Dease Lake.



Spring Issue 1977



NESIKA 21

Haida Nation Stagnates

Six months after the Annual Meeting
of the Gouncil of the Haida Nation,
there is still lithe communication or
co-operation between the two major
factions of the Haida people while the
dispute continues to drain away
precious energy from the crucial
organizational work needed to pre-
pare for future negotiations.

The Haidas are reportedly next in
line (after the Nishgas are finished)
to begin negotiations with the Feder-
al and Provincial Governments for
the title and control to the lands,
waters, and resources within their
tribal territory of the Queen Charlotte
Islands.

Neither side has been able to make
much progress since the split broke
wide open in late January.

Lavina Lightbown, who was elect-
ed President of the Council of the
Haida Nation (CHN) by acclamation
after five other candidates refused to
run at the Annual Meeting in
December, reports that progress is
stymied because a Board of Directors
for the Council has not been elected.

Operating on Haida tradition and
on past polices of the CHN, there
would be six Directors elected to the
Board - 2 each from the Skidegate
and Masset Bands, and one each
from the Vancouver and Prince
Rupert branches of the CHN.. In

addition, the elected chief and the
hereditary chiefs of the two. bands
would be Board members. Since the
Annual Meeting, the two off-Islands
branches have not elected their
representative, and neither have the
two band councils.

A faction led by the elected chiefs
of the two band councils ‘‘adopted”’ a
constitution for the CHN at a meeting
in January that was designed to
overthrow the election results and
return control of the CHN to their
band councils.

Under the constitution set forth by
Masset Chief Reynold Russ and
Skidegate Chief Philip Gladstone, the
CHN would have a Board of 16
members - 8 appointed by the Masset
Band Council and 8 by the Skidegate
Band Council. At least 5 of the 8 from
each band would have to be -a
“status” Indians, ‘and all 3 of the
officers elected from the Board
members would have to be “‘status””
Indians. |

However, since the Russ,/Glad-
stone constitution was “‘adopted™
(and declared “‘illegal”” by Light-
bown), only the Skidegate Band
Council has made their appoint-
ments. The Masset Band Council has
not made their appointments to the
Board because some of the council-
lors still recognize Lightbown as the

legitimate head of the Haida Nation.

Lighthown states that if another
election for the President of the CHN
is necessary to heal the split, she is
willing to go along, providing that
guarantees of an open election invol-
ving all people of Haida descent are
followed.

The dispute over who is actually in
control of the Haida Nation, and the
federal funding, has led to the funds
being kept frozen in the local bank
account of the CHN. ~

The split between the two factions
extends to their ties with the larger
political organizations in the province
since Lavina Lightbown sits as the
Board of Director for Region 10 of the
United Native Nations, while the
band council representatives partici-
pated at the the recent assembly of
the Union of B.C. Indian Chiefs.

Although there seems to be little
concrete evidence, Lightbown says
that the factions seem to be coming
closer together. She reports that
regular meetings sponsored by her
group continue to be held, with the
interest and involvement, particular-
ly among the young people, remain-
ing at a high level.

The major topic discussed at the
regular meetings sponsored by the
CHN, Lightbown notes, is the herring
spawn fishery, since the only resolu-

tion passed at the Annual Meeting
dealt with that subject.

During the recent herring spawn
fishery, Lightbown states that the
political split enabled two non-Indian
fishermen to harvest the spawn
against the will of the Annual
Meeting.

Under the Fishery Department
procedures, 7 permits to harvest the
spawn were issued to members of the
Skidegate Band, but none to Masset
Band members. The CHN applied to
the Fishery Department for a blanket
permit for all members of the Haida
Nation, and after much paperwork
and delay, a group of 20’ men were
allowed to harvest the spawn.

Two of the 20, Willis White and
Tom Adams, were recently charged
with illegally hunting deer on the
Islands. Their determination to fight
that case, combined with the deter-
mination of the other 18, helped them
overcome some of the last-minute
roadblocks put in their way - includ-
ing the burning of their cabin.

Lighbown states that a blanket
permit would enable any Haida to
harvest the spawn, rather than giving
a privileged few the chance to exploit
the resource. Such a system, she
says, would “insure a healthy har-
vest forever for all our children.”





Province S talls NisI

The blame for the lack of any
progress in the Nishga negotiations
over the last 13 months appears to
rest entirely on the shoulders of the
Provincial Government and Allan

Williams, the Minister of Labour —

responsible for Indian matters.

It was on April 27th, 1976, that the
Nishga Tribal Council presented the
Federal and Provincial Governments
with a 2] point position paper
outlining the basis of the negotiations
to be carried out and also detailing
the terms of the Nishga Declaration.

Earlier in the year, the Nishgas
had met the Government representa-
tives on January 12th and presented
them with the Nishga Declaration

which states the basic bargaining
position of the Nishga people.

The three parties involved have
met three times since the April 1976
meeting and the Federal Government
has indicated that it is prepared to
make a response to the 2) point

ro -

: Rai delay has been created
because the Provincial Government
is still not ready to respond to the 21
points, now more than a year old.
Originally, a response was promised
by “‘late-March"’, which became
“late-April’’, and now a month later,
there is still no sign that the Province
is ready to state their position.

A careful reading of the Nishga



Declaration and a promotional book-
let produced by the Nishgas entitled
“Citizens Plus’’, gives an insight into
the 21 point bargaining position of
the Nishgas.

The entire basis of the 2] points as
stated in the Declaration and the
most important, is that Nishga nights
“are to be formalized not extin-
guished. Nishga land is not for sale.”

The booklet states that new
legislation will have to be passed to
protect the rights of future Nishga
people. It also says that the Nishga
do not.agree with setting aside land
in separate categories as was done in
the James Bay Final Agreement, but

a Talks

“are asking for complete and unre-
stricted rights on their own land
without governmental intervention.”

The Nishgas are also asking for
economic development programs that
will involve Nishga people having
controls and bere in any

ra . Regional self-government
is Srinthe proposal put forward by
the Nishgas.

While negotiations continue, the
Nishgas are asking for certain con-
trols to. be placed on the logging
industry; a complete halt to river
damming, new resource extraction,
and “economic development”’ until a
final agreement is reached.







Shuswaps to

Representatives of the Shuswap
people of south-central B.C. have
begun meeting to organize a Shu-
swap Nation Tribal Council to pursue
a recognition of their aboriginal title.

Meetings of up to 25 Shuswap
people held during April and May
began the organizational work to
draw together at least 13 major bands
in the Thompson-Cariboo region into
a unified nation.

All the “‘status”” Shuswap Indians
are represented for the purpose of
land claims in the Thompson-Nicola
District of the Union of B.C. Indian
Chiefs. One problem recognized with
the UBCIC’s district representation,

in this case, is that the Thompson-
Nicola District not only represents
the Shuswap people, but also some of
the Thompson, Lillooet, and Okana-
gan people as well, as stated im the
Kamloops Band’s newsletter.

The newsletter also stated that
some of the people at an April 19th

‘meeting’ feared that the Thompson |

District was “trying to develop a
brown DIA (government bureau-
cracy) and that they wanted to control
the functions of the various bands

- within the Interior.”

Some people also apparently ex-
pressed the need for a Shuswap
Nation since the larger political





—=ram

= ew

" Spring Issue 1977



orm

organizations like the UBCIC and
the LINN were not co-operating.
Akey speaker at the April meeting
was Bob Manuel, the past Executive
Chairman of the UBCIC, and himself
a Shuswap. Manuel told the meeting,
according to the newsletter account,
that the “‘non status’ Indian people
of Shuswap origin have a right, and
that “we have to determine how
many non status people we have in
our Bands and how much land and
then identify the same amount of
land we have with them and get that
land established as a reserve for
those people.”
Manuel also suggested that a
group be formed to begin work on

lation





drawing up ‘a rough constitution for
the nation, along with future meeting
plans.

The UBCIC organizational plans
include Indians getting control of
land, resources, and institutions,
Manuel said. He added that the
Shuswap people will have to identify
their own requirements in each of the
three areas.

It was reportedly agreed that
further work will be required, includ-
ing: holding training programs and
workshops and study sessions for the
people; soliciting financial and moral
support from labour unions, church-
es, and the public; and organizing a
negotiating structure.

LAND CLAIMS BOOKS FOR SALE - SUPPORT THE NESIKA

Ieee RUeeeweee TPP eeeBeeE

ABORIGINAL RIGHTS

A Bulletin produced by the Canadian
Association in Support of the Native
Peoples (CASNP)

48 page booklet, $1.50

The magazine-style booklet is a
special edition prepared by CASNP
and only deals with the aboriginal
rights issue. Some of the articles
featured: Changes in the Inuit Claims
Position; James Bay One Year After;
Updates onthe Nishga and Yukon
negotiations; aninterview with Harry
Daniels on Aboriginal Rights for
Metis and Non Status Indians; A
Concept of Native Title by Leroy
Little Bear; A Case for the Dene:
Understanding the Legal Approach to
Aboriginal Rights; and a suggested
reading list of recent aboriginal
rights materials.

OPA CNC
AS LONG AS THIS LAND SHALL

by ee Fumoleau, OMI
415 page paperback, $5.95

An Oblate missi has produced
one of the most carefully documented
stones of the life of the Indian People

of the Mackenzie Valley in the
Northwest Territones. Fr. Rene Fumo-
leau started out to prepare a “modest
paper” on the significance of two
Indian treaties signed in 1899 and
1920.

Fumoleau spent many hours inter-
viewing old people who remembered
the early treaty parties, and became
the star witness before Mr. Justice
Wiliam Morrow in a caveat action
onking the — designate the

000 square miles as having “prior
interest” for the dativen. Mixson
ruled they did, and it was the evidence
of Rene Fumoleau which helped
convince the Judge that the natives of
ing the spurious treaties.

But this is no dry legal treatise. It
‘reads more like a tale of a forgotten
people and land who have suddenly
become a psi a %

Thoughtful, unbiased, clear, it is a
major work for those who would care to

derstand the just aspirations of the
natives of northern Canada.



WHO OWNS CANADA?
ABORIGINAL TITLE AND
CANADIAN COURTS

by William Badcock, published by the
CASNP

38 page paperback, $1.50

He begins with Columbus, and
continues with the different concepts
of land ownership and the doctrine of
discovery, 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

NATIVE LAND CLAIMS AND
CORPORATE GROWTH

by Roger Rolfe of Oxfam Canada

6 pages, panerback pamphlet, 50 cents
reprinted by the Development Educa-
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 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-
tums of Growth 2) 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.”





T-SHIRTS HAVE ARRIVED!







eee ee
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 1) the
historical perspective of the land
claims 2) some facts of Indian _ in
Canada 3) the philosophical foundation
for the future - land, identity, and
survival. .

Each of the sections makes a
statement about the subject. It conta-
ins references to written resources,
tapes and films for further information
on each section and where they can be
obtained, and also asks several ques-
tions for discussion, further study and
evaluation. .

“The ee Ere issue is both an
invitation and a a ge"’ says the
author and he hopes “the study and
resource guide will stimulate your
acceptance of the invitation and kindle
your curiosity to begin meeting the
challenge of - understanding.
ALLIED TRIBES
CONFERENCE MINUTES
reprinted by NESIKA
143 page paperback, 34.00

NESIKA has reprinted a carbon
copy of the.verbatim minutes of a
meeting held in 1923 between the

Executive of the Allied Tribes of B.C.
and the head of the Indian Affairs

were asking to be recognized.

NATIVE RIGHTS IN CANAD

a by Peter Cummings and Neil

the authority on the subject of lega
rights of the native a Contin
and was prepared mostly by lawyers
and legal Sore...

Aboriginal Rights - the origins, theory,
legal content of a claim, extinguish-
ment, compensation. .

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.

Spring Issue 1977

J eee Qe eee)

(eee)

NATIVE LAND CLAIMS IN
BRITISH COLUMBIA:

AN INTRODUCTION

A teacher’s manual prepared by
Target Canada, a research and projec-
_ group. 118 pages, paperback,

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
Title, Colonial Period in B.C. from
1858-1871, B.C. in Confederation 1871
1913, Cut-Off Lands - the McKenna
McBride Commission 1913-1916, Tre-
aty #8, Nisha Land Claims, ized
Tribal Activities, Road Blocks and
occupations, Land Claims and the
Church, Recent history of federal and
provincial government positions. .



THE DENE

Pre by Hugh and Karmel

ullum and ject 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 ba und of the
Dene people in the , 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

31 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 ge: hically separated
events (the Bennett Dam, the Bighorn
Dam, the James Bay project, the
flooding of Southern Indian Lake, the
exploration and resource development
in the Arctic, and the Mackenzie
Valley pipeline) can be understood.
The focus is not om energy needs,
economic nationalism, 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.” .

eC)
THIS LAND IS NOT FOR SALE
by Hugh and Karmel McCallum 210
page paperback, $3.95

Four contem 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-
cir wl agg gra aye Bay - and an

tion of why native grou
sims Canada insist that the said
agreements not be used as proedents
for further settlements.

After all the oil company
promotional material, the book is a
needed change.

NESIKA 23

THE ANNUAL ASSEMBLY OF THE UNITED NATIVE NATIONS

WILL BE HELD FROM JULY 8th THROUGH JULY 12th,

AT THE

EXHIBITION GROUNDS IN PRINCE GEORGE, BRITISH COLUMBIA

Come and
Camp Out!

The 1977 assembly of the United
Native Nations will be a People’s
Assembly! -

- All native people in British Colum-
bia are encouraged and invited to
attend and take part. The active
participation of both young and old is

desired and will be welcome!

The U.N.N. is planning for 1,000
Native Indian people to attend, and to
ensure that all interested Full Mem-
bers can participate in making the
decisions regarding the future of the
U.N.N., their own lives and the lives
of their children, the U.N.N. will be
providing bus transportation to and
from Prince George from all points in
the province.



A New Attitude

“When the U.N.N. was founded
1144 months ago, we embarked on a
new process and attitude regarding
the organization of Indian people.

In the past, Indian organizations at
the provincial level duplicated the
government bureaucracy and hoped
the services would filter down to the
local level.

This past year, however, the
U.N.N. at the provincial level began
organizing the people at the com-
‘munity level; limiting head office
staff, and concentrating the effects of
government funding at the local
level.

All Full Members and members of
their immediate families must hold
valid membership cards to be eligible
for transportation.

Camping facilities (tents, showers,
wood, and some food) will be
provided at the asembly site and on
the Exhibition Grounds.

This is not an assembly for
delegates-only to stay in hotels. This
is meant to combine a cultural

gathering and spiritual revival with a
political meeting. So - bring your
family and your camping gear (tents
if you have them) to this assembly.
Accomodations will be provided for
the elderly or the handicapped or
other people requiring them,
Members are encouraged to bring
their traditional dress, foods, songs,
dances, and crafts, to share with the
people of other Native Nations.



In British Columbia and the UNN,
we are fortunate to have Indians from
other parts of North America - the
descendants of the people who fought
with Louis Riel and Gabriel Dumont
and Sitting Bull - who have come to
this province and are helping us to
make this fight; as well as the
descendants of the people in this
province who went to jail for practis-
ing their culture and breaking the
potlatch laws.

Indian people have long been led to
believe that they couldn’t do things
for themselves and had to depend on
government aid. With our Annual
Assembly now upon us, we are proud

that this attitude is beginning to
change, especially since many people
questioned whether the UNN would
continue to exist just six months ago.

But, the job has just begun and
Indian people have a long way to go
to strengthen our language, culture,
and rights; and to make ourselves
independent once again. We must
begin this process even though it may
take 10, 50, or 150 years to complete.

We realize that a change i in the
public's attitude won't occur over-
night, nor can it be legislated by
government. A new attitude towards
Canada’s native peoples will only
come by communicating and sharing



Proposed By-Law
Amendments

TAKE NOTICE that the following
resolutions will be proposed as extra-
ordinary resolutions at the Annual
Assembly of the United Native
Nations to be held from July 8th to
12th, in Prince George, B.C.

Assembly
Agenda

It is the intention of the Board of
Directors and the Executive that
Friday, July 8th, the first day of the

I THAT By-Law Article 1. Member-
ship, Section B. Local and Individual
Membership, Sub-section (i) be de-
leted and the following substituted
therefor:

“Local membership shall be open
to any person of Native Indian
descent who is permanently resident
in the Province of British Columbia.”
Il THAT By-Law. Article 2. Voting,

Sections A and B be deleted and the
assembly, will be for the authorized

delegates of the recognized U.N.N.
Locals to discuss the proposed extra-
ordinary resolutions (see above).

If the proposed resolutions are
approved by the delegates, the
assembly will immediately adjourn.



with each other, the realities we face
and the goals we seek to accomplish.

For this reason, we have invited
the media, the public, and of course,
all Indian people, to this assembly.

With the changes we hope to
implement at this assembly, we hope
the days will soon be over when

“professional delegates” and confer-
ence-go-ers can make decisions for
the people in isolation from the
conditions that the people are living
in. We say that the individual Indian
person who is suffering the problems
has to come to the assembly and help
make the decisions on how to solve
them.”



folowing substituted therefor:

“A. Only Full Members of the
Society, over the age of twelve (12),
who have been resident in British
Columbia for at least the past twelve
consecutive months shall be entitled
to hold office in the Society, and to
vote at the General Meetings of the
Society.

B. At any meeting of the Society,
the Board of Directors shall confirm

A re-registration process will then
begin to allow ail Full Members of
the U.N.N. to receive a conference
kit, including election ballots.

When the re-registration process is
complete, the assembly will re-
convene. The next four days of the

who are the Full Members qualified
in accordance with Section A above.
Only those Full Members as confirm-
ed by the Board of Directors of the
Society shall be entitled to hold office
in the Society, to sit on the Board of
Directors of the Society, and to vote
at the General Meetings of the
Society. Associate and Honourary
Members shall be entitled to speak at
any meeting of the Society.”’

assembly are then scheduled to be a
People’s Assembly to deal primarily
with the land claims and aboriginal
rights issues. All Full Members will
then be entitled to vote on all issues
and will be encouraged to speak out
on the issues.



Membership
Cards





People wishing to become Full
Members of the United Native Nat-
ions may fill out tke form below and
return it to the U.N.N. office at
$203-1451 West Broadway, Vancouv-



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ee — “Aer tt a

er, with a $2.00 membership fee 0 or

a7 nay at be

larger donation.

Please state your Indian Band or
U.N.N. Local affiliation. A member-
ship card will be returned to you in
the mail. Full Membership is open to
all persons of at least 14 Native

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Indian ancestry who are permanent
residents of British Columbia. People
who are not eligible for full member-
ship and who wish to become
Associate Members, may write to the
U.N.N. office for a aes card.



ede cr es cand is @ Native

Indian permanenily resident in the

_ Province of British Columbia and

enjoys the rights, privileges and

! responsibilities of Full Membership
in ihe United Native Nanas: |















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