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

1.06-01.02 Nesika: The Voice of BC Indians

1.06.-01 Newsletters and bulletins sub-series

March 1977

english

1.06-01.02-07.02

24

INSERT] Union of B.C. Indian Chiefs
Assembly Elects Manuel,
Approves Commission
pages 8,9,10

[PHOTO]
[CAPTION] Native Brotherhood President Johnny Clifton signs
resolution at Coalition formation ceremony.

Progess Stalled After Native
Brotherhood, Alliance, and the
U.N.N. Form Coalition
pages 6, 7

periodical

 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 Red-Circled? If your address label is circled in red, see NESIKA Corner: on page -1451 West Broadway V6H 1H6 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 a ee ee i ie a Support the NESIKA! : 5. & S - E = 5 Ri ¥ = 2 , = < = 7 @ AS 7 i s , @ , = S ) = nee ¢ = = & , 3 $x ;s eS . & P- SE ze = po = i Fie S = a = 27) > Ro EM—s ae — # 5 s S4s5g 9a ezes ee eee ee ee ee ee eS eS  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- TT jer Grae 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 Sa ce Speer: ees oe 1 a 1 Me oe. ee a 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: | eS “a 2 te ae a