Periodical
Our Indian World - volume 2, number 8 (January, 1980)
- Title
- Our Indian World - volume 2, number 8 (January, 1980)
- Is Part Of
- 1.06-01.04 Indian World
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- January 1980
- volume
- 2
- issue
- 8
- Language
- english
- Identifier
- 1.06-01.04-02.01
- pages
- 52
- Table Of Contents
-
Editorial.......................................2
Cut-off Lands: DIA Charged......................4
President's Message..............................5
Tax on On-Reserve Electricity is Illegal..............7
News News News................................8
Baker Lake Decision.............................9
Judge Narrows Haines Ruling....................10
The Tribulations of Canim Lake..............12
Up-Dates...................................... 15
Fishing Charges Dropped for P.D. Peters...........17
The Right to Grow Up Indian.....................18
Alcohol: Government Program Doesn't Work...... 19
P.C. District Stalls Indian Health Talks............19
Education.....................................20
Alaska Highway Gas Pipeline
Special Supplement...........................21-32
Pipeline Politics......................22
The Land and the People...............24
Alien Invasion......................25
A Just and Peaceful Solution..........31
Burial Grounds are Sacred......................33
Indian Government Portfolio Head Resigns.........34
At Home, By-Laws are Part of the process..........35
Tribal Courts..................................36
Gitskan-Carrier Tribal Council...................37
Kemano II.....................................38
Uranium: Indigenous Peoples' Reaction Worldwide .. 40
Chiefs Council.................................42
Western Indian Agriculture Corporation...........44
I Think.......................................46
Poem by Norman Raven.....................47
Indian Government Crossword...................47
Resource Centre................................48
Help Wanted...................................49
Northern Ferry Service Doesn't Serve the People.....50
Celebration: A Poem by Frank Isaac...............51 - Contributor
- Pauline Douglas Mary Thomas
- Frank Isaac
- George Manuel
- Joyce Bourassa
- Violet Birdstone
- Darrell Ned
- Angela Matilpi
- Val Dudoward
- Delia Wilson
- Julie Newman
- Derek Wilson
- Bess Brown
- Darryl Watts
- Louise M
- el
- Loretta Todd
- Maxine Pape
- James Harper
- Martin Weinstein
-
Linda
Jordan - Barbara Kuhne
- John Rogers
- Willard Martin
- Lillian Basil
- Norman Raven
- Robert Manuel. Penny Goldsmith
- Mary Schendlinger
- Type
- periodical
- Transcription (Hover to view)
-
OUR
I N D I A N
66
W O R L D
THE CHOICE IS OURS
11
JANUARY, 1980
U B C I C
NEWS
EDITORIAL
A little blond-haired freckle-faced kid about nine or
ten years old was throwing rock and sticks at a jelly
fish close to shore. I watched the kid for a while before
I really noticed the look of fear on his face. M y
companion remarked how kids these days are getting
to be so violent. Here was a little k i d , obviously from
the city, who had never seen a jelly fish before and had
never been taught to respect that living thing. " H e y
k i d , " she said, nicely, "the jelly fish won't hurt you,
why don't you leave it alone?" But the k i d kept trying
to kill it.
Sitting in the comfortable chambers of Ft. St.
John's city hall, I am reminded of that little kid who
feared, and tried to destroy what he didn't know and
didn't love. I am here in Ft. St. John to watch yet
another hearing, this time about the Alaska Highway
Gas Pipeline and the terms and conditions of its
construction. Watching the participants and the
spectators here i n the last few days, it hits me as never
before the enormous gap between Indian values and
white values: those who know and love our mother
earth and those who only use her. Ft. St. John is a redneck town in the midst of an oil and gas boom. This
hearing has a goodly share of red neck racists who
simply don't give a shit about what happens to the
land or the Indians. Sitting here in the town council's
meeting room, I'm not angry, just sad. I remember
another incident:
1
We were on our way back from Saskatchewan and
we stopped at a public picnic place for lunch. Next to
us were two little old ladies, one with a red wig and the
other with a blond wig. They must have been in their
seventies and their car licence plates showed they were
from Florida. They set out their lunch: ready-made,
plastic-wrapped and bottled food and drink, paper
plates, paper cups, paper table cloth, paper napkins,
plastic knives and forks. A n d when they were all ready
to eat, the plastic taken off their food, the bottles
uncorked and poured, their plates full
and
ready—they sprayed the entire table, their benches,
and the earth beneath them, with Raid "House and
Garden Bug K i l l e r . " M y mother, who was about to
swallow a fresh sip of tea, gasped, choked, and threw a
cloth over my children's food. M y father picked up his
plate and hid it under his shirt: " Y o u ' r e killing
yourselves!" he exclaimed. " O h , n o , " the ladies
replied, "we're killing the bugs." "That's the
stupidest thing I've ever seen," I said.
U p here in Ft. St. John, it becomes very clear to me
what we're fighting every time we go up against
governments and big business who rape our mother
earth time and time again. It is the ignorance and
violence of men who lost their love and understanding
of living things, too many years ago. A n d those of us
who feel our mother weep, have a responsibility as
never before to protect her or she will die of grief.
The Editor
v.
O U R C O V E R : The children of Halfway Reserve greatly enjoyed the bustle as friends from neighbouring
Bands and the U B C I C came to support their community during the Pipeline Terms and Conditions
Hearings.
UBCIC
NEWS
The U B C I C N E W S is the official voice o f the
U n i o n o f British C o l u m b i a Indian Chiefs.
It is dedicated to building a strong foundation
for Indian Government by providing an awareness
o f the political and social issues affecting the
Indians o f British C o l u m b i a .
Signed articles and opinions are the views o f
the individuals concerned and not necessarily
those o f the U B C I C .
V O L U M E 2, N U M B E R 8
Assistant Editor: Pauline Douglas
Editor: Beth Cuthand
v.
r
Written contributions: M a r y Thomas, Frank Isaac, George Manuel, Joyce Bourassa, Violet Birdstone,
Darrell Ned, Angela Matilpi, V a l Dudoward, Delia Wilson, Julie Newman, Derek Wilson, Bess Brown,
Darryl Watts, Louise Mandel, Loretta Todd, Maxine Pape, James Harper, Martin Weinstein, Linda
Jordan, Barbara Kuhne, John Rogers, Willard Martin, Lillian Basil, Norman Raven, and Robert Manuel.
Photographs: U B C I C staff except where credited.
Typesetting: Mary Schendlinger and Penny Goldsmith.
TABLE OF CONTENTS
Editorial
Cut-off Lands: D I A Charged
President's Message
Tax on On-Reserve Electricity is Illegal
News News News
Baker Lake Decision
Judge Narrows Haines Ruling
The Tribulations of Canim Lake
Up-Dates
Fishing Charges Dropped for P . D . Peters
The Right to Grow U p Indian ..
Alcohol: Government Program Doesn't Work
P . C . District Stalls Indian Health Talks
Education
Alaska Highway Gas Pipeline
Special Supplement
Pipeline Politics
i The Land and the People
Alien Invasion
A Just and Peaceful Solution
2
4
5
7
8
9
10
12
15
17
18
19
19
20
Western Indian Agriculture Corporation
I Think
Poem by Norman Raven
Indian Government Crossword
Resource Centre
Help Wanted
Northern Ferry Service Doesn't Serve the People
Celebration: A Poem by Frank Isaac
44
.46
47
47
48
49
50
51
In the Northeast
21-32
-<
.22
24
25
31
Burial Grounds are Sacred
,
33
Indian Government Portfolio Head Resigns
34
A t Home, By-Laws are Part of the process
35
Tribal Courts
36
Gitskan-Carrier Tribal Council
37
Kemano II
38
Uranium: Indigenous Peoples' Reaction Worldwide . . 40
Chiefs Council
.42
1 1 1 iWlMlMi
For now, they live with hope.
INDIAN WORLD 3
KOMI ASK ET, a member of the
Okanagan Band
This tend belongs to ray Chief,
and anything that is on top of the
earth is his, therefore I tell you
that this tan? Ismine, therefore J
will not seB it, and I don't want
to have ray land cut op. Yon can
see that it is from ray land that I
am good and strong and big,
O n December 28, 1979, eight
Bands filed a Statement of Claim to
recover approximately 13,660 acres
of Indian land which had been
forcibly cut off from their reserve
lands by the McKenna-McBride
Royal Commission in 1916. For sixty
years, the Bands fought a conspiracy
of silence between the Provincial and
Federal, Governments. Neither could
hide the fadt that these lands had been
cut off without the consent o f the
Indian people, contrary to the Terms
of Union, the B N A A c t , the Indian
Act and the terms of the McKennaMcBride Agreement itself.
Now the descendants of those Band
members who had refused to accept
the cut-offs made by the Commission
have prepared a Statement of Claim
for the Federal Court of Canada. It
took about twelve years for them to
research their claim and work out the
negotiation
strategies.
Both
Governments continued to bicker
over ownership and blamed each
other for their misdeeds.
The action is brought on their own
behalf and on behalf o f their Band
members by Joe Mathias and
Squamish Indian Band; M a r y Stump,
Alexandria; Arthur Peters, Ohiat;
Murray Alexis, Okanagan; George
Leighton,
Metlakatla;
Donald
Sankey,
Port
Simpson;
Ron
Derrickson, Westbank and Stephen
Sampson Jr. and the Chemainus
Indian Band.
The action is brought against the
Queen, represented by the Department of Indian Affairs. Here is yet
INDIAN WORLD 4
CUT-OFF LANDS
DIA CHARGED
This time it's Breach of Trust, Mismanagement,
Fraud, Negligence, Improper Purpose and Bad
Faith
another case where the Department
has to answer to charges of Breach of
Trust,
Mismanagement,
Fraud,
Negligence, Improper Purpose and
Bad Faith.
SAM PIERRE of the Okanogan
Band
This tend, It Is true,
is my parents, and if it was not
for ray land here, I would not be
to good and alive; therefore I
cannot seM the land.
The Okanagan Band tost e
further M acres.
This is all part of the larger issue of
Land Claims. Outside of the Treaty
areas, we have never surrendered,
given away or sold our title to any
B . C . lands and resources. When the
first governor of the colony o f B . C .
set
aside
Indian
reserves,
he
recognised Aboriginal Rights and
Bands chose their lands.
The Cut-off Lands issue involves
twenty-three Bands and approximately 33,000 acres of Indian lands
that were cut off from the reserve
lands by the McKenna-McBride
Commission. More Bands .will be
joining the action of the original eight
Bands.
The Statement of Claim gives the
legal history o f approximately 13,660
acres of Indian land and the struggle
over
these
lands:
Squamish
Band—132 acres, Alexandria—260
acres, Ohiat—588 acres, Okanagan
Band—196 acres, Shoowahtlans—
16.63 acres, Port Simpson and
Metlakatla—11,662.34
acres,
Westbank—896.10
acres
and
Chemainus Band—109 acres.
F O R 60 Y E A R S , G O V E R N M E N T S
REFUSED INFORMATION O N
CUT-OFFS.
Before 1871, these lands had been
set aside as Indian lands by the colony
of B.C.- B . C . joined Confederation in
1871, and under the Terms of Union
and Section 91(24) of the British
North A c t , the Federal Government
had charge and trusteeship of Indian
lands.
Almost immediately, different,
arose between the two governments
about Indian lands.
In 1912, the McKenna-McBride
Agreement established
a
Royal
Commission to look into the matter.
The Commission had the power to
cut off lands from existing reserves—
with the consent of the Indians, as
required by the Indian act—in those
cases where they considered the
Bands had more land than they
needed. The actions of the Royal
Commission were subject to approval
by both the Federal and Provincial
Governments.
INDIANS TRICKED INTO
HEARINGS
•
Between 1913 and 1915, the
Commission held hearings with
Bands, and
several
non-Indian
groups. By making it clear that no
land could be taken from reserves
without
Band
consent,
the
Commission was able to get the cf
operation and participation of Indianpeople in the hearings.
(continued on page 6)
(
—
^
PRESIDENT'S
' MESSAGE
The Alaska Highway Gas Pipeline will be the biggest
construction project i n history. It will cost over $15
billion to build. F o r 439 miles it will run through
northeast British Columbia; for 105 miles through
southeast B . C .
Every one o f those miles o f pipeline will go through
lands used by Indians for hunting, trapping and food
gathering. A n d every mile will bring more disruption to
Indian livelihoods.
Meanwhile, with all its billions, pipeline development
will bring a dramatic change for all levels of white society
in Canada and i n the United States. A range o f
programmes will be developed to make sure this
industrialization happens. These will include Manpower
training, management o f huge flows of capital, feasibility
studies for new industry, development o f new
infrastructure, etc.
Already the energy and construction boom is enriching
"he lives o f the business community around Fort St. John
id Fort Nelson. But the real beneficiaries o f multibillion dollar pipeline development will be the New Y o r k
bankers o n W a l l Street, the money men i n Toronto and
Vancouver, and the Energy Corporations that will
produce the gas i n Alaska, move it south and sell out i n
the United States.
The Westcoast Transmission Company will build the
pipeline i n the northeast. It will also own part o f the
pipeline in the southeast. Their president is E . C . Phillips.
In 1979, according to published information, Phillips was
paid $148,088. That's not to mention about $45 million
in profits his company clears every year.
Just compare these figures with the average Indian
hunting and trapping income o f $3,000 a year and you'll
see what I'm talking about.
Pipeline development will not bring dramatic
improvements to the people o f the northeast and
southeast: it will bring destructive change i n terms of
Indian land use.
For example, the miles and miles o f access roads built
in and around the pipeline route will open up new areas
to thousands of big-city hunters from Canada, the United
States and other countries. O u r badly needed wildlife
resources, fish and food gathering territories will surely
decrease and may even be totally destroyed by southern
hunters, fishermen and tourists.
Our country provided wealth to our cultural, social,
economic and political institutions before it was invaded
Indians in South America have long been victims of
extreme colonialisation and oppression. Now the Indians
in northeastern B. C. are fighting their own battle to
survive.
and ruled by the Europeans now known as Canadians.
There was no rich person or group o f persons who had
exclusive claim to the ownership o f the land. Land was
the property o f all the Indian people. Those who used it
did not do so because it was their property. They used it
because they needed it. It was their responsibility to use it
carefully and hand it over in grand condition for use by
future generations.
Life was good, strong—our people had pride i n the
values o f our civilization. It was possible for a man to live
with his family and relatives because wealth belonged to
the family as a whole; every member o f a family had the
right to use family property. N o one used wealth for the
purposes o f dominating others. This is how we lived as a
nation o f people. This is how we want to live. This is
what we mean when we talk about having our own Indian
Governments.
We want to recover and rebuild the Indian lands and
institutions that are being systematically stolen from us i n
blatant acts o f genocide by the bankers, the energy
corporations,
and the Provincial
and Federal
Governments.
We know our Indian people's traditional land use base
is going to be destroyed by the pipeline. We also know
that political activity, through acceptable channels, is no
longer effective—or is minimal at best. The public
relations form o f demonstrations has become totally
useless. W e must examine other alternatives that will
ensure co-operation from the corporations and
governments who promote the construction o f this
pipeline.
Yours i n struggle,
INDIAN WORLD 5
(from page 4)
Minutes of each hearing were
recorded by the Commission but D I A
has lost many of the transcripts.
In
1916, the Commissioners
recommended that certain lands be
cut off from existing reserves. After
this report had been received, the
D I A agreed that it must, and it
intended to, get the consent o f the
Indian people for the cut-offs.
According to the B . C . Government's
Indian Affairs Settlement A c t o f
1919, B . C . agreed to carry on those
negotiations with Canada or the
Indian people. In 1920, however, the
Federal Government passed the British Columbia Indian Lands Settlement A c t , which authorized the cutoffs without Indian consent in spite
of the Indian A c t , and a settlement
with the Provincial Government. In
1923 and
1924, each of the
governments approved the Royal
Commission's report as the final
settlement of Indian lands in B . C .
Minister of D I A i n 1969, his reaction
was that the action of Canada and
B . C . in cutting off these lands was
"the worst example of improper
taking of Indian lands he had ever
heard o f . " He asked that further
research and documentation be sent
to him as Canada " h a d an obligation
to right this w r o n g . " The B . C .
Government was informed that the
Squamish Band had a claim to the
unused areas of the lands cut from
Capilano #5. A meeting was arranged
between the three parties in 1970; the
Squamish Band was offered 50% of
the cut-off land in return for the
release of their entire cut-off lands.
They refused.
In 1971, the Commissioner of
Indian Clams was told to look into
the
Capilano
cut-offs.
He
recommended
Canada
start
negotiating with the Squamish Band
and to leave other claims alone until
the Bands presented their own claims.
s
"
The D I A stated it was going ahead to
Chief Joseph &f Port Simpsqn
get the lands cut off from Capilano
back from B . C . Nothing happened.
Four years later, representatives
"We are sorry thai we expected
from the eight Bands involved in this
to go more folly into the land
action agreed to sit on a joint Indianquestion with the Commission
B . C . Government committee to look
thinking that they oad power to
into the cut-offs question. They were
deal with the larger land quesalso asked to make recommendations
tion, but seeing that they are not
on what cut-off lands should be
empowered to do so, It would be
returned and what ^compensation
useless.. .to say: mom.
should be made. O n September 11,
1975, the Bands were promised, in
yet the McKenna-McBride Comwriting, that the B . C . Government
mission n\de:four cut-off$> totalwas ready to restore 114 acres, as a
ling oter llyOQO acres.
symbolic gesture of good faith.
Three
months
later,
the
GOVERNMENTS FIGHT OVER
government changed hands. The
INDIAN LANDS
Bands never received any of the 114
acres, and in fact the Socred
Canada provided no compensation
Government cut off the joint Indianfor the lands and has never given
B . C . Government hearings into the
formal notice of the
cut-offs.
cut-off lands. They said they first had
Between 1925 and 1966, the Bands
to get the Federal Government's
were never able to get information on
formal commitment to a settlement
the status of their cut-off lands.
and their formal commitment to bear
Finally, i n 1967, the Squamish Band
the brunt of compensation. One year
got hold of detailed information
later,
in March 1977, the Bands were
about
the
McKenna-McBride
told that three-way negotiations were
hearings. When representatives o f the
to be started, to work out how the
Squamish
Band
brought
this
land would be returned, and what
information to the attention o f the
INDIAN WORLD 6
other land and monies were to be paid
to the Bands for a full and final
settlement of the cut-offs question.
Negotiations started, but neither of
the governments was really prepa
j
to deal with their major obligations ui
satisfying the Bands' cut-off claims.
The eight Bands claim that the
actions of the D I A under the British
Columbia Indian Lands Settlement
Act, were not within its jurisdiction in
that they were in breach o f Canada's
constitutional obligations. They say
that the D I A , by its inaction in not
informing the people, and in not
getting
back
the
land
or
compensation since 1916, continues
to be in breach of its trust. The D I A
first failed to get title from B . C . for
the land, then failed to protect the
rights o f Indian people to their lands;
failed to protect sub-surface rights,
failed to get Indian consent to surrender the lands, failed to ensure any
compensation, failed to evaluate the
land, failed to keep proper accounts
of the transactions, failed to tell the
people what had happened until 19f'
failed to tell the people of any way .
recovering land and compensation.
When D I A officials finally agreed
that lands and compensation should
be returned, they didn't do anything
about it. The Bands claim that the
British Columbia Indian Land Settlement A c t o f 1920, S3 is null and void
regarding the cut-off lands.
Having
failed
to
get
any
satisfactory
action
from
the
governments, the Bands took the
issue to Court. They want the Court
to restore those cut-off lands and
where the land cannot be returned, to
order compensation of an amount
that will enable each to replace this
land; to order compensation for the
loss of the use of the lands over the
years; interest, damages and costs,
and a declaration that the Province
should
hand
over
the
title,
management and control of all these
lands to the individual Bands. Th
Bands
are
now
awaiting
the
government's response.
•
Because of a recent court decision,
Indians living on reserves in B . C . no
longer have to pay the provincial
Social Service tax for electricity purg e d from B . C . Hydro,
fhis victory came after Lillian
Brown, an Elder of. the Skidgate
Band on the Queen Charlotte Islands,
sued B . C . Hydro and the Attorney
General i n a class action which
challenged the right o f B . C . Hydro to
charge her a tax on the electricity
delivered to her home on the reserve.
The action began when she said that
Hydro had no right to charge her a
$4.38 sales tax on a $66.88 bill late i n
1976. She brought the case to court
on her own behalf and that o f all
B . C . Indians living on reserves in
B . C . Her defence was Section 87 of
the Indian A c t which states that
neither Indians nor Bands have to pay
taxes on personal property.
Lillian Brown lost the case i n the
B . C . Supreme Court, M a y 3, 1978.
However, she appealed the decision
to the Court o f Appeal and won the
case December 4, 1979. In his
decision i n the B . C . Supreme Court,
he judge
said that
although
iectricity i n a person's own home is a
personal property, it isn't the kind
suggested i n Section 87 of the Indian
A c t , However, the judge presiding
over the appeal court found this
decision incorrect. H e stated that i n
this day and age electricity should be
considered as personal property and
that it should therefore come under
the jurisdiction of the Indian A c t .
Another argument given was that
because the tax had been imposed
after the creation of a Provincial Tax
Act, Section 87 of the Indian A c t
should take second position to the
provincial legislation. The court
decided that the Indian A c t should
take precedence over provincial law.
Although the case can still be
appealed to the Supreme Court, as o f
press time there had been no move i n
this direction. Therefore, says a
U B C I C lawyer, the decision is now
the law of the land. The new law is
hat Indian people on reserves in the
province need not pay the sales tax on
their electricity bills.
ELECTRICITY TAX
ILLEGAL ON-RESERVE
Lillian Brown won her battle in the courts to prove that B. C. Hydro had no
right to charge tax on electricity bills to on-reserve Indians.
George Manuel, President of the
U B C I C , said the Union has sent a
letter to B . C . Hydro to begin
calculating the money it owes them.
Hydro said it has passed the letter on
"to the Attorney General. *~
Manuel said that i f the case isn't
appealed, B . C . Indians may take one
of two actions. One is that the U n i o n ,
Districts, Bands or individuals may
claim back-taxes from B . C . Hydro,
dating back to the 1940s. The other
way Indian people may go is to
request that the back-taxes be put
into a trust fund which would be used
for social development of Indians
across the province. Manuel added
that should the provincial government recognize Aboriginal Rights,
the Union would be prepared to drop
the claim for back-taxes.
" I f the B . C . government refuses to
cooperate
with
us,
the
other
alternative will be to sue it for the
illegal taxes they've taken from
Indian people. W e ' l l demand that the
courts prosecute the provincial government or impose a fine."
He said the U n i o n would like
direction from the Bands on what
steps they would like taken. There
have been hundreds o f phone calls
concerning the case, so the Union will
be sending information sheets to
Bands. B y not paying the sales tax on
electricity bills, Indians will be
lending political support to the case.
B . C . Hydro has stated that because
of their system of computers used to
calculate bills, the sales tax will still
be included in electricity bills.
However, they have been instructed
not to take action against those
refusing to pay the illegal tax.
George Manuel urges all Indian
people to send a letter o f appreciation
to Lillian Brown, c/o the Skidegate
Indian
Band,
Queen Charlotte
Islands.
«
INDIAN WORLD 7
NEWS NEWS NEWS
FORT NELSON GAS A G R E E M E N T
O n January 7, 1980, an agreement was signed by the
Federal Indian Affairs Minister and Attorney General of
B . C . which gives the Fort Nelson Indian Band half the
revenue from natural gas found beneath Fort Nelson's
reserve land. This is the first revenue sharing deal o f its
kind i n B . C . and compensates for gas drilled since 1961.
The Band has received $12.5 million to compensate for
revenue they should have received twenty years ago and
they are expected to earn about $300,000 a month while
their wells continue to produce.
The money will come in handy to pay off old bills and
pave the roads on the reserve. Chief George Behn says his
priority for the Band is a new water supply system to
replace"the wells used by thirty five families. The Band
also wants to install a new sewage system, build more
houses and provide indoor plumbing to the twelve to
fifteen houses that don't have it. The Band already owns
30% of Tackama Forest Products in Fort Nelson.
A s trustees of Indian land, the D I A now has to get this
agreement ratified i n Parliament within the next two
years.
TAX EXEMPTION THREATENED
Correspondence dated October 12, 1979, between the
Secretary of State who is also Chairman of the Cabinet of
Native and Social Affairs, the Minister o f Indian Affairs
and the Minister of National Revenue, shows the
Conservatives will not recognize tax exemption for people
under the Indian A c t , even i f that income is earned on
reserve. They will eliminate our Aboriginal or Treaty tax
exemption rights that we have had under every Federal
Government since Confederation. The Conservatives were
ready to terminate tax exemption from December 31,
1979.
THE YOUNGEST TRUCKER
A L A S K A OIL: VIA N O R T H E R N TIER
The A l l American Northern Tier Tanker/Pipeline proposal priced at $1.23 million has been approved by
President Jimmy Carter.
The Tier plan involves moving oil by tanker from
Alaska down our B . C . coast to Port Angeles,
Washington. The process carries on by land-pipeline
from Port Angeles to Clearbrook, Minnesota.
Supertankers are already carrying Alaskan oil down
the coast to U . S . west coast ports. One change is that
tankers now headed to the Panama Canal will come into
the Strait of Juan de Fuca and unload oil at Port Angeles.
This causes a great risk of an o i l spill to our B . C . coastal
water and, most importantly, threatens marine life.
SALMON EXCHANGE
Nineteen Indian Bands on Vancouver Island received
30,000 coho, 1,475 chinook and 950 chum salmon from
the big Qualicum River salmon enhancement project near
Qualicum Beach last year. The Qualicum Band collect*the salmon which are not required for brood stock an
distributes them to South Vancouver Island Bands. In
exchange the Bands forego their traditional rights to fish
their own traditional fishing streams.
The spawning channel incubation unit in the. rearing
channels at the big Qualicum Project produces millions
of young salmon every year, and regularly more spawners
return to the facilities than are required to produce the
next generation. The Indian traditional river, on the
other hand, produces smaller numbers of fry and a higher
percentage o f these natural traditional salmon runs are
fished by commercial fishermen. The agreement to use
big Qualicum fish in exchange for Indian food fisheries
on nearby Indian traditional fishing rivers works to
maintain the natural stocks of salmon for commercial
fisheries.
L A T E F L A S H ! HEARINGS D O N ' T STOP PIPELINE
Addie Williams from M t . Currie is the youngest person
in Canada to have received her Class 1 driver's license to
drive 18 wheeler trucks and buses. She turned 19 on
December 23,1979 and received her license on January 2,
1980. Now she's looking for a job.
Lisa Nelson, Faye Nelson and Elvin Nelson from M t .
Currie also received their Class 1 driver's license. They all
took driving lessons at McKinley Driving School in
December.
INDIAN WORLD 8
While the north-east Terms and Conditions Hearings
continue, Foothills Pipe Lines has announced that it will
begin initial work on part of the Alaska Highway natural
gas pipeline without regulatory approval for the project.
This work in southeastern B . C . and southern Alberta will
involve purchase of equipment and obtaining rights-ofway.
In November, 1979 the Federal
Court of Canada, Trial Division,
came to a Decision in the case of
Baker Lake. The Inuit people sued
tb*\ Federal Government and six
v adian and foreign mining companies. They were asking the court for a
declaration that they had Aboriginal
Title to lands i n the Northwest Territories of Canada, including approximately 75,000 square kilometers
around the Community o f Baker
Lake. Certain mining companies
joined in the action with governments.
ABORIGINAL Tl
Earlier the Inuit had been successful in getting the court to grant an
interim injunction against the Mining
exploration: they now brought the
action to permanently stop the o
mining exploration i n the Baker Lake
area. They claimed that the mining
Ice-Home on the outskirts of Baker Lake
operation was depleting the cariboo
herd which they relied on for their
O l d maps, documents, journals
ABORIGINAL RIGHTS TO
food.
and Treaties were admitted i n eviTERRITORY PROVED
dence, revealing how non-Indians
The most crucial findings of the
coming into the area in early settleThe Court also had to decide
Court were findings that the Inuit
ment times saw the Inuit.
whether or not the Inuit people had
people had Aboriginal Rights to their
Aboriginal Title to the L a n d . If they
Inuit witnesses recalled life before
territory. The Federal court sided
non-Indian settlement came into the
' not have any title to the Land
with the Judgement in the Calder
area. Elders told the Court how the
i—A the Court would have no legal
Case which recognized Aboriginal
Inuit had hunted cariboo in small
basis upon which to grant the injuncRights and went on to recognize the
camps o f two or three families. They
tion.
Aboriginal Rights o f the Inuit in the
told the Court that the Eskimo people
area. The Judge also found taht the
The Courts have said that in order
did not claim or recognize exclusive
would cause to the caribou herds.
to establish Aboriginal Title i n a
rights over a particular territory.
However, scientific knowledge was
Court of L a w , the Inuit people must
They all used the land for survival
lacking to conclusively show that the
establish that they andjheir ancestors
and because the land was so harsh
mining operation endangered the
were members of an organized
IT'S H A R D T O P R O V E T H E
species. The court concluded "the
society. They must establish that they
EFFECT OF MINING O N
harrassments that may arise from
occupied a specific territory over
ANIMALS
mining activity beyond their explorwhich they assert Aboriginal Title.
ation stage might well be sufficiently
A
very
important
part
of
the
case
They must establish that they occusustained to result in behavioural
involved the Inuit people being able
pied their territory exclusively and
changes detrimental to the hunt. But
to
prove
that
the
mining
exploration
that they were in fact occupying that
the evidences simply does not submit
hurt the caribou herd. The Inuit
territory at the time sovereignty was
a meaninful finding on this point.*'
people
put
their
best
witnesses
on
the
asserted by England.
This finding by the Judge was a
stand to establish the stress that the
crucial one. Because the Court could
mining operations have caused and
T o prove Aboriginal rights, the
not say for sure that the herds would
they demanded a great helpfulness
Inuit brought to the Court an enorbe damaged by the Mining exploratowards each other. The Court was
mous amount of evidence to establish
tion,
the Courts denied the Inuit their
also told about the caribou. The carithat they were the original people i n
injunction.
The Mining companies
bou provided the necessities of life—
the area. They had a particularly
could
continue
to explore so long as
food and clothing, and shelter in the
difficult time because there was very
they
did
not
endanger
the herd. A t
summer.
little archeological evidence: snow
the
point
when
the
herds were
houses leave no ruins a n d . . .most o f
The Court was told that the
endangered,
and
the
Inuit
could
people's entire life centred around the
;ir tools and weapons were made o f
prove
it,
the
Court
would
look
at
the
movement of the caribou.
local materials.
INDIAN WORLD 9
question again.
Government had not passed legislation which extinguished Aboriginal
Rights. He concluded "the plaintiffs
are entitled to a Declaration that the
lands described and used by the Inuit
as subject to the Aboriginal Right and
Title of the Inuits to hunt and fish
thereon."
JUST AS K E E N AS COMPANIES
TO PREVENT RECOGNITION
OF ABORIGINAL TITLE
It is interesting to notice that i n the
Baker Lake Case, the Inuit people
had to sue the Department of Indian 3
Affairs for the Declaration. In fact, : |
the Government o f Canada played a £
more active role than the mining com- g
panies i n trying to persuade the Court ~
not to recognize Aboriginal Rights. |
Before the trial had begun, t h e g
Government admitted that the Inuit g
and their ancestors had occupied and used the Baker Lake area since time J
immemorial. Once the trial proceeded °*
John Killulark depends on caribou
and the Government saw that the
for his family.
admission was important for the
Court to determine
Aboriginal
without prejudice to the mining comRights, they tried to withdraw that
panies. Judge Mahoney threw out the
admission at the close of the
application of the Government and
evidence.
the mining company.
6
LIMITING ABORIGINAL
RIGHTS?
Last week the Mining companies
brought an application the the
Courts, trying to get the Court to
limit the Courts recognition of the
Aboriginal Rights. The Mining companies had been given a licence to
explore and they were worried that
once they found minerals they would
not be able to mine because the Inuit
people's Aboriginal Title would block
that development.
MINING COMPANIES REFUSED
" I N " T O INUIT L A N D S
They went back to the Court to try
and get the Court to say in its order
that Indian people had Aboriginal
Title "without prejudice to the
Mining Companies". The Department of Indian Affairs joined with
the Mining companies and asked the
Court to even go further and rewrite
the part of the Decision where the
Judge recognized Aboriginal Rights
to say that the Aboriginal Rights were
INDIAN WORLD 10
T I T L E A L O N E IS N O
PROTECTION
Baker Lake is a clear recognition
by the Courts that Aboriginal Title to
that area exists. It is important
though, to remember that the word
"Aboriginal Rights" is a non-Indian
legal term. Within the legal system,
Aboriginal Rights means simply the
right to use the land subject to nonIndian encroachment.
Aboriginal
Rights, as defined by the non-Indian
courts, do not recognize the jurisdiction of Indian people to protect their
land against encroachment.
Indian people can use the Court's
recognition of their Aboriginal Rights
to achieve full Indian Government.
The Baker Lake Case is a good
example. The Inuit people were
successful in actually stopping mining
operations for a period of time in the
North. They have been given a legal
hook by the Courts now which allows
them to continue to bring applications to Court to possibly stop the
Mining companies in the future. The
Inuit now have something which the
Government and the mining companies want very badly and that is the
freedom to develop this nortf J
mining operation without bt».*g
hindered by the Inuit. The Inuit
might take this opportunity now to sit
down at the bargaining table and negotiate full Inuit government i n
exchange for permitting certain
mining to take place in their area
without objection.
•
JUDGE
NARROWS
HAINES
RULING
O n January 16, 1980, two hunting
cases were heard before Judge Barnett
at the Alexis Creek court. The first
case was
Raymond Bob's of
Anaham. H e was charged by conservation wild life officers for shooting
moose and grouse out of sea;,
without a permit.
The wild life officers were apparently tipped off by a telephone call. They
left i n their patrol car to investigate.
Not long after, they stopped a vehicle
with three passengers, one identified
as Raymond Bob. In the back the wild
life officer noticed a hind quarter o f
meat and later found six grouse. The
officers realizing there was just one
quarter of the moose meat asked
where the other three quarters were
and were told "It's still i n the bush."
The conversation took place where
Raymond was stopped.
The officers had given him no
warning as to what his rights were. A
person should be told they don't have
to give a statement to an officer, but
this was not the case for Raymond.
U p o n the conclusion of the questioning between Raymond and the wild life
officers. The moose meat and grouse
were removed from Raymond's
possession. The wild life officers tr
Raymond he could pick up the meat *..
the office.
The second case heard Donald
Haller of Nehemiah Valley Reserve. He
was charged for shooting moose out of
season. O n September 13, 1979 wild
life officer Madley was on patrol when
he came across the camp of Donald
Haller where he found a raw bull
moose hanging on a rack. He
approached a lady, asking the whereabouts of the owner. Donald was
found down the road aways with his
son chopping wood. Donald was told
to come back to his camp with the
officers, who then asked where the
moose was shot. Donald replied: on
the north side of Tsinsh Lake. He had
thought it was opening season, and he
had shot the moose because of the high
price of store beef. Also, at the time,
they were in need of the meat. " I only
see the time to hunt when I am in need
of meat. A t the time I did have food
available, but no meat." Donald's
Raymond Bob was hunting on reserve: his case is held over while wildlifecamp is located on Indian land but
where he shot the moose was not on
lawyers figure out the charges.
reserve land. The wild life officer had
given him the rules and regulations of
The Judge asked the officer " T h e
The wild life officers could have
hunting, a booklet Donald had never
old
policy
was
that
nobody
in
the
area
easily cut the small piece of meat they
^ded for evidence right at the scene
uaf no, they used the time Raymond*
had on that Sunday to get a sworn
statement from him.
In the court the U B C I C advisor
argued that the wildlife officers had
used the promise that Raymond would
get his meat back to get his statement
on the scene.
There is i n existence a new policy
regarding hunting regulations which is
now somewhat changed from the old
one. The old policy was still i n use i n
the Haine's case. It was just recently
that the new policy was introduced.
O n January 8,1980 the new policy was
explained to eighteen Band councillors
in the Williams Lake area.
O n January 14, 1980, hunting
permits were issued: of the twentyseven, only one was known to be given
in the area of Alexis Creek/Anaham.
t seems that this area had been
gnored during the giving out o f
hunting permits.
T
was given a permit, is that correct?"
The officer replied: " I don't know. I
wasn't i n the area at the time." But
Officer Madley had been stationed i n
the Alexis Creek area for the past two
years.
A s it turned out, it was discovered
that the moose and grouse had been
shot on Indian Land. ThTs was only
discovered after
Raymond had
pointed out on the map the location of
the shooting, near Stum Lake.
It was quite evident that Raymond
Bob is a hunter and has been one most
of his life.
The crown was surprised that the
area the moose and grouse were shot
on Reserve Land and they asked for
more time to study the fact that it was
on Indian land and to argue the point.
The decision was put over to M a r c h
24,1980 to give the lawyers more time
to put their arguments in writing. O h !
by the way the wildlife officers
offered to return the six grouse which
should have been returned the same
time as the moose meat: Raymond
Bob had already left.
seen before. Donald commented on
why he had gone hunting that day he
was charged. " M y stepfather is
around fifty, and he too hunts when
the meat is needed. He had told me the
hunting season was open, so I just
went ahead."
The U B C I C lawyer brought up the
Francis Haines case: "Indians have
the right to hunt anytime of the year
according to the Haines case." Judge
Barnett explained the reason of the
Haines case saying "The Haines case
cannot be used for every situation
where an Indian is charged with an
offence under the W i l d Life A c t . " In
the Haines case he was doing
something he has done all his life, and
he had the rights to hunt." He goes on
to say on Donald Haller's case " T h e
fact is, he says his camp is on Reserve
Land but he's charged for possession
of moose without a permit off
Reserve.'' The Judge held the fact that
Haller thought it was open season was
no defence. H e was fined $25.00
•
INDIAN WORLD 11
T H E TRIBULATIONS OF
CANIM LAKE
by Mary Thomas, Band Planner
The Canim Lake Indian Band
consists of 318 people of the Shuswap
Nation. The main village is located
approximately 20 miles east o f 100
Mile House i n the Southern Cariboo.
During the past few years the Band
Council has made great strides to take
over the planning and management of
our own affairs. The Band Council
has placed an emphasis on involving
Band members in the programs and
services of the Band.
Band members have always been
employed by the forest industry i n the
past. When the sawmills i n the area
closed, a lot of our Band members
INDIAN WORLD 12
became unemployed. There have
been a few logging contractors
around our area but these contracts
are only short term. Trapping was
also important i n the past. W i t h
conventional logging, a few o f the
traplines were ruined.
be a dim picture, but our people are
slowly pulling ourselves together.
Our major problems are in the
areas of economic development,
education, housing, recreation and
our Indian culture.
MAKE-WORK PROGRAMS
The Canim Lake Band has clearly
stated a long-range goal of making
greater our community self-reliance
and economic independence through
full and meaningful employment i n
projects controlled by the Band.
T o reach this goal the Band has
j
up the following objectives:
The Band has had to resort to short
term 'make work' programs. A lot o f
our Band members have lost their
pride and self-respect, which has led
to
social
problems
such
as
alcoholism, disinterest,
lack o f
initiative, despair, etc. It appears to
B A N D C O N T R O L L E D PROJECTS
1. Continue and expand our own
forestry operation to provide for a
total of 80 jobs by 1984;
2. Carry out an integrated resource
management program within certain
ds close to the reserves;
3. Vary our economic base into
other resource related activities.
Our Band plans to go into such
economic development as: agriculture, guiding, trail rides and tourist
development, co-op store, community centre and community and resource planning, as well as all the
training involved in projects.
A Band can plan themselves to
death and sometimes things don't
always work out! This is the case with
some of our projects.
C O M M U N I T Y STORE: FUNDING
D E L A Y S RAISE COSTS
The Band has been planning the
store since 1977. We have had serious
delays with the funding sources.
While we were waiting for a decision
from Special A r d a , the Canada
Works funds ran out. Then because
of government policies the Band
cannot have a post office in the store.
Our Member o f Parliament has been
trying to do something about this but
now there is delay because of the
upcoming elections. Special A r d a has
stopped funding until we secure the
post office or until we can show that
the store will be profitable without
the post office. First Citizens finally
reviewed
our
application
on
September 11, 1979 after it was sent
to theni during the month of October,
1978. The foundation for the store
has been constructed and now the
project has stopped til funding is
secured again. Since 1977 the cost to
build the store has gone up about
$20,000.00, because of rising costs
each year.
COMMUNITY CENTRE
The Band has been trying to get a
community
centre
since
1974.
Funding has been approved from all
of the funding sources except the
B . C . Recreation Facilities Assistance
Program. The working drawings were
near completion. B . C . Recreation
told us i n A p r i l 1979 that our I
application was going before the
review board and that we should have |
A Band Planner's headache: juggling severalfunding proposals to complete
one project so that the right money comes through at the right time.
Band control of Education is a critical
issue right now.
a decision the second week in A p r i l
1979. About every week or so we kept
in touch with them directly or
through our M L A to find out i f they
had reached a decision.
Finally in December 1979 we
received a notice from them that our
application was rejected, but they
would consider funding a smaller
facility. The architect rushed to finish
the foundation drawings so the
foundation could be complete before
the freeze as we have such a short
building period when the weather is
suitable. Meanwhile the Band hired a
cat to excavate for the foundation.
Because our application was rejected
the Band has gone to a considerable
expense for nothing. What are we
going to do with a $5,000.00 hole in
the ground? A t a previous Band
meeting the Band members were all in
favour of going ahead with the
project. H o w do you think they feel
now? We have to start all over again.
INDIAN WORLD 13
Chief Roy Christopher discusses Band forestry developments that would mean jobs for Band members.
N O W A T E R FOR SIX M O N T H S
The Department had suggested that
a 10" well be drilled at the base o f the
mountain and water pumped up to
the lower reservoir (to provide fire
protection). Also a relay pump was
needed in the village to provide
pressure to the Band Office, store,
etc. In the meantime the Band was to
keep the dam clean twice a week. The
pumps and pipes didn't arrive.
The Band houses were out of water
most of the time from July to
November 1979. The Department had
been down and looked at the
situation. A project authorization
had been approved by District for
major repairs to community water
systems as required. The water
problems were to be rectified in early
September 1979.
Our M P said that had he known
about our problem he could have
taken action. After
weeks of
consulting with the Department a
contract was made with a hydrologist
and a well driller. The pump was
INDIAN WORLD 14
installed, the pipes put in place and
the Band got water on December 9,
1979.
We will continue to pursue our
plans for community self-reliance and
economic independence through full
and meaningful employment i n
projects controlled by the Band.
Hopefully everything will work out
better in the future. The main thing is
that we have not given up just
because a few challenges were thrown
at us.
D I A W A I T S F O R W A T E R CRISIS
BEFORE ACTING
The Band has been needing a new
dam at our only water source for
quite a few years. A design has been
awaiting approval from the Water
Right Branch for two years now. We
have also made requests to our
District Office to have studies done
on the existing water system and a
future water system, whereby our
Band could prevent future problems.
The Band waited and waited and
nothing was done until the problem
became so critical where we we
actually out of water and at least hai*
of our population were getting sick
from the water sources they had to
resort to.
The Band members had to get
water from Bridge Creek which is
polluted. Serious health dangers
in cooking, in the drinking water,
housekeeping,
bathrooms,
and
disease (Shegalla) resulted. It was an
enormous inconvenience to
the
handicapped, the sick, the Elders and
the children and babies at the reserve.
It was an inconvenience to those who
rely on garden products for winter
food. It resulted in higher living costs
because the people had to start
buying prepared foods, and bringing
their laundry to town. Businesses
were affected, such as the medical
trailer, foster home (six children),
daycare centre, and the Band office.
Our new projects were affected, like
the new housing and the new school.
The Band had no fire protection a
UP-DATE
H E A L T H INQUIRY
The health problems facing Indian communities such
as Alert Bay are not new. The Federal Government is
responsible for delivering health care to Indian people in
B . C . for many years but tuberculosis is still ten times
that of non-Indians. Infant mortality is more than
double.
Why do the problems and such terrible figures persist?
The people of Alert Bay have finally got funding for an
inquiry to study these questions. The U B C I C Health
Portfolio will be carrying out an in depth research project
into health statistics dating from 1921.
The Kwawkewlth District Council will also be doing
their own report on existing health services. Their most
accessible data will be presented on the 5th, 6th, and 7th
of February, 1980 in Campbell River, B . C .
The Co-ordinator, Ernie Willie, said: " W h a t we want
when it comes down to an inquiry is not only to look at
what's happening i n Alert Bay. What is hoped for is a
better delivery of health services generally. Ultimately
what I would dream of coming out of the inquiry would
be a better appreciation o f what health care should be
ailable to our people.
. .We also have to look at the other areas, such as
mental health and how people are affected by the
environment."
r
The Alert Bay region will be doing their own
community profile report on existing health services
available to them.
The first meeting in Campbell River will be to discuss
the terms of reference
report
with
appointed
commissioner, D r . Gary Goldthorp, and to lay out the
plans for the inquiry. The terms o f reference will cover
the state of Indian Health in the regions, the root causes
of health problems, the development of an Indian health
policy in the Province, and the future direction of that
policy.
The people of G o l d River, Alert Bay, and assessible
North Island areas hope to hold inquiries in each of their
communities. They want as many people as possible to
appear before the inquiry and make their own
presentations on health care services.
The Kwawkewlth District Council should be receiving
consultation funds through National Health and Welfare
for the Health Inquiry. D r . Goldthorp will hear all the
evidence given in the inquiry to determine and prepare a
report for the Kwawkewlth District Council.
Letters will be going out to the Bands to give exact
dates of the hearings.
L O C A L SERVICES A G R E E M E N T WORKSHOPS
Since early November, the Union staff assigned to
negotiate the Local Services Agreement with D I A have
started in our turn to relay all the necessary information
to the Bands. We are doing this through workshops.
Various portfolios have also contributed to an
information booklet on the L S A which is becoming an
item in large-demand. We have already conducted with
shops with eight Bands and the whole effort seems to be
fruitful and timely, giving the Bands a better insight into
the Agreement itself.
The whole question o f the L S A seems to make Bands
feel rather uneasy, mainly because the D I A staff don't
seem to have shared information vital to the exercise.
Rather they have chosen to threaten Bands into signing
an Agreement that would obviously not serve the
interests of the Band members. It is also clear that the
smaller and supposedly unsophisticated Bands are helped
by outside support. However, this is for the individual
Band Councils to decide.
The workshops that we have held so far have given us a
clear indication o f the spirit in which D I A will enter into
negotiation any Agreement. Bands are cautioned to be
very aware, and deliberate on issues or programs that the
Band Council thinks is right.
A t the time of publishing we will have held more
workshops at Canim Lake, Lytton and Fort St. John.
Negotiating the L S A is vital to the process of gaining
local self-government and all Bands are urged to exert
limitless effort towards getting the best Agreement
possible.
B A N D TRAINING PROJECT
The Socio-Economic Development Portfolio has
undertaken the task of reviewing various studies and
recommendations relative to the above. It is proposed
that a three phased program would be adopted.
Preparations have been made to develop the first phase.
This phase would provide basic management and
administrative skills to band organizations. It is
anticipated that such training would be a better facility
for the maintenance o f the newly introduced Local
Service Agreement. More detail o f the project shall be
forwarded to individual Bands shortly.
INDIAN WORLD 15
UP-DATE
MUSQUEAM
F R E E D O M OF RELIGION
Charlie Case
Freedom of religion for Indian People is still an
unresolved issue in the courts of B . C .
In M a y , 1978, George Charlie and Anderson Jack,
members of the Saanich Band, shot a deer needed for a
religious ceremony. The burning was to feed a dead
relative. However, the men were charged for hunting out
of season. After going to court in Victoria during the
summer, the two were found guilty.
On January 24, they were again in court, to appeal the
decision to the B . C . Court of Appeal.
The defence again gave two basic arguments—freedom
of religion and impairment of Indian status. Because
burnings are actual religious rituals, and because religion
falls under the realm of the Federal Government, the B . C .
Wildlife Act shouldn't apply in this case. A hunting case in
Alaska was given as an example: Carlos Frank, an
Athabaskan Indian, was charged with hunting out of
season. Because the moose he shot was to be used for a
funeral potlatch, a religious ceremony, he won the case on
the grounds of freedom of religion.
U B C I C lawyers argued that although most provincial
laws apply to Indians, this is only so i f they don't impair
the status or character of Indian people. Because religion is
a major part of the Saanich people's lives, in this case, in
this case the provincial laws are an impairment and
therefore should not apply.
T h e C r o W n will make its argument on January 30 in
Victoria.
Spotted Lake
A meeting has been set for February 14, 1980 with
Bill Vander Zalm in Victoria, B . C . Tribal spokespeople from Spotted Lake will be making their presentations to Vander Zalm to halt the building of a
health spa on Spotted Lake.
ANGUS DAVIS CASE^
A n examination for discovery on the Angus Davis
trial will be heard in Vancouver February 11, 1980.
The Majestic Wiley Construction Company, acting
for Westcoast Transmission C o . L t d . , started the
construction of a pipeline i n February, 1978, without
a permit from the National Energy Board. The
pipeline construction ruined the traplines of Angus
Davis near the Fort St. John area. Angus and the
U B C I C Legal Team took action against the
company.
INDIAN WORLD 16
The Musqueam Band are suing the Department of
Indian Affairs for breach of trust and mismanagement in
their leasing band land on conditions to which the Band
had never agreed. The Judge's decision in the case was
expected in early January but to date there has been no
word.
FISHING CASES:
Ralph George's case was won i n Chilliwack court
March 13, 1979. Often, Fisheries officers will seize
fish under the Fisheries A c t and i f found guilty,
there is no return of the fish. However, even i f found
not guilty, the judge won't order the return of confiscated fish. This is what happened in Ralph
George's case where 68 fish were seized from him.
The U B C I C Legal Team on his behald has started an
action against the Federal Fisheries Department,
alleging negligence i n the case. This will be a test
case.
December 16,1979
l
M c K a y Jr. from Lillooet B . C . was charged W /
unlawful possession of fish. His case has been held
over from December 16, 1979 until sometime in
March, 1980.
HUNTING CASES:
January 8,1980
Noeh Shotnanna from the Grasmere Band was
charged for possessing an elk on September 26, 1979
near Jaffary B . C . The charges against him were
dropped in court January 8,1980.
February 4, 1980
Peter Gregoir, Josephine Gregoir, John Camoose
and Martin Tony were charged with hunting out of
season, possession of game and not having a license
to carry fire-arms on August 15, 1979 near Vernon
B . C . The case will be heard at Vernon.
February 5, 6,1980
John Alexander, Frank Joseph Robbins, Gabriel
Robbins, Arthur Andrew Dick and Louis John
Wycott were charged with possession of deer d u r i '
a closed season on February 9, 1979. The case win
be heard at A l k a l i Lake.
FISHING
^ CHARGES
DROPPED FOR
HOPE
ELDER
P.D. PETERS
Peter Dennis Peters, an Elder from
the Hope Indian Band, was charged
with two counts of fishing contrary to
the Federal Fisheries A c t . His family
needed food, so on a hot day last
summer, he went fishing on one of the
reserves belonging to the Hope Indian
Band along the Fraser River. Fisheries
Officers stopped his car on the Katz
Indian Reserve, seized the fish and
charged P . D . Peters with a fishing
offence.
A t Court on January 22nd, we
h - r d the Fishing Officers ream off
facts to the Court. They told of the
fact that M r . Peters had been stopped
on Highway N o . 7 near Flood.
They did not seem too concerned
when we pointed out i n cross-examination that Flood was on Highway
N o . 1 and not on Highway N o . 7. They
pointed out M r . Peters and described
that it was he who had been driving the
car and who had clearly been fishing
on an off day. Prosecutor's case
rested.
P . D . Peters took the stand i n his
own defence. He began telling the
Court how he was fishing on that day
in order to help his daughter who had
broken her leg. In the middle of telling
the Court this, he became very emotional. Throughout the Court proceedings, everyone felt how undignified
it was and how inhumane that M r .
Peters, an Elder, should have to come
to Court and justify why he fished for
food on a Reserve in order to feed his
mily who needed food that day. The
judge understood
P . D . Peters'
emotion. He adjourned the Court.
But
Fisheries
still say
his
fishing
was
illegal
photo: Coqualeetza
The Judge spoke with the lawyer
and the Prosecutor privately i n his
Chambers. He made it quite clear that
he felt Fisheries should not press
charges under the circumstances. The
Prosecutor went to talk to* Fisheries
and came back and talked to P . D .
Peters. He said to M r . Peters "we are
willing to drop the charges this time, i f
you understand not to break the law in
the future." P . D . Peters replied " l a m
willing to go through with the case
today." The Prosecutor then indicated that he would be dropping the
charges. A motion was made to the
Court to do so. The charges on both
counts were dropped.
It seemed interesting that even
Judges could not see the justice of
bringing certain fishing charges to
trial. The practical difficulty though,
is that the law still makes illegal the
fishing which P . D . Peters did that
summer day. A s a general rule, the
Courts will continue to enforce that
law against Indian people.
A n example of this problem was
revealed the very same day in the Hope
Provincial Court. A young boy,
Gilbert Ewen, appeared i n Court that
same day charged with an offence of
failing to mark fish. After a trial, the
Judge found him guilty and sentenced
him to a $25 fine. Although the fine
was a very small amount, it marks the
change in punishment which the
Courts are now leaning against Indian
fishermen. Only last year it was our
experience that when an Indian food
fisherman was found guilty of a
fishing offence, the Courts would give
that person a discharge. With a discharge, Indian people would have to
pay no fine, nor would they have a
criminal record. By the levying of the
fine, it appears that the trend in the
Court is towards imposing a penalty
and establishing criminal records.
The people at Court felt that the'
Judge was giving to one Indian person
that which he took from another
Indian person.
•
INDIAN WORLD 17
THE
RIGHT TO
GROW UP INDIAN
Since the emergence of the white
culture there have been many practices
imposed upon our people which h a v i
had an inumerable amount of negativ|
effects. One of these has been the
practice of allowing our children to be
taken away and adopted by nonIndians. B y forfeiting a responsibility
which should be ours, in allowing
Indian children to be removed from
Indian communities, we have not only
committed a great injustice towards
them but we have also served to
weaken our own communities as well.
At one time the welfare of a child
was the concern of everyone in an
Indian community and the rearing of a
child was a very important responsibility. The children were the future,
they carried on the names, the
traditions and the teachings o f the
Elders so they would continue to grow
strong and never die.
In most instances Indian children
had many grandparents and numerous
aunts and uncles, who were not all
related by blood, but related nonetheless by a strong tie or bond. It was
through these relationships that a
strong foundation of responsibility
and trust was formed within each
community. It is evident today that
these ties and this foundation does not
exist in most communities. It is time
that we stand up for our children and
our future once again by shrugging off
the attitudes o f carelessness and
irresponsibility that has been taught to
us. Children.who have been removed
from their own communities to be
raised by non-Indians have been deprived the rights to their own heritages
and they have been deprived of their
identity as an Indian people. Only
after we begin to take back our
responsibilities can we begin to build a
better future for our children.
INDIAN WORLD 18
Last fall we learned that the Department of Indian
Affairs planned to conduct a Child Welfare Study i n
British Columbia.
We met with D I A at that point and informed them that
not only was the study long overdue and necessary but
that we expected to be involved i n the design and carrying
out of the study.
In December we met with D I A and the other Indian
organizations and began working out a joint strategy for
carrying the study through. We felt that the study is so
serious and important to our people that there is no room
for politics.
The U B C I C was given the responsibility of hiring a coordinator to compile the terms of reference for the study
from all the Indian organizations. We are now in the
process o f hiring the co-ordinator.
One difficulty that still has not been resolved is what
role the Provincial Government will play in the Child
Welfare Study.
The representative from the Programs E v a l u a t e
Branch of the Federal Government felt they should b
full partner i n the study. We are worried that the
Province may have certain biases which could make the
study ineffective. In Ontario, the Provincial Government
participated in a similar study and now the Bands have to
negotiate the implementation of the study with the
Province.
We feel that our goal is to improve child care by
strengthening Indian government and its ability to deal
with child welfare problems.
The preliminary work that we have done and the
study itself will lay the foundation for a definite and
comprehensive plan for Indian Government control of
child care.
Ultimately these findings will provide the basis for
legislation resting jurisdiction for Indian child care with
Indian Governments.
A t our next meeting in February, the role of the
Province i n the study will be defined.
During the month of February, the Co-ordinator will
be contacting all Provincial Organizations, District
Councils, and any Band that informs us they have a high
rate of child apprehensions and wants to participate.
Please share your information and ideas with us; ti
responsibility of our children lies only with us.
ALCOHOL
GO VERNMENT
]
PROGRAM
DOESN'T WORK
The
National Native Alcohol Abuse Program
( N N A A P ) has been i n existence since 1975 beginning as a
three year pilot program to test various approaches to
Indian alcohol problems. In 1978 the Treasury Board
agreed to extend N N A A P ' s budget for another three years
on condition that it go through an organizational review.
The management counselling firm of Hickling and
Johnston was hired for the job. Last July they submitted
their report to the government calling for an almost complete reworking of N N A A P to make it a more efficient
administrative, machine from the government's point of
view.
REVIEW LACKS INDIAN INPUT
A t the last National Indian Brotherhood P T O Health
meeting, the lack of Indian involvement in the review was
shown in many of its recommendations. This was
especially obvious in the lack of provisions for future
Indian involvement, particularly at the decision-making
levels. For example, although Hickling and Johnston
recognized the need for program staff to be of native
^ c e s t r y , they did so only as a long range goal; for the
irt term they recommended that "the importance of
native participation in program exists primarily at the
point where personnel are in frequent contact with natives.
In their description of the Regional Co-ordinators they
state that " i t is not essential for this individual to be of
native ancestry", although it will be this individual's
responsibility to co-ordinate, implement, monitor and
evaluate all regional programs which will i n effect, give
him a lot of authority. When you look at the job description you can see that all the major decision-making
authority is within National Health and Welfare, and the
only opportunity for Indian people to take part in the
development of program materials would be through
consultation.
N I B INSISTS O N B A N D I N P U T F I R S T
The Health Portfolios did not totally reject the report as
it does contain some useful suggestions, such as making
the program a permanent feature within N H W , eliminating some of the uncertain nature of project funding.
Hickling and Johnston had recommended terminating
N N A A P on March 31, 1980, and phasing i n their own
revised program. N I B has advised N H W to postpone any
further action involving N N A A P until all provincial and
^rritorial organizations have the opportunity to study this
^view and prepare their own recommendations on the
future of N N A A P . The deadline for this was given as
March 31,1980. Over the next two months the Health and
Social Development Portfolio will be contacting N N A A P
project staff and others involved i n alcohol treatment in
B . C . for their reactions to the proposed N N A A P changes.
Band input is important to this review, something
Harkling and Johnston ignored. If you have any
suggestions on the future of N N A A P or questions or
requests for research material please send them to the
Health and Social Development Portfolio at the U B C I C
office.
The Health and Social Development Portfolio feel that the only way the unique cultural
and social needs of our people can be represented in the
development, co-ordination, implementation and evaluation of an alcohol program is i f there is direct Indian
involvement and control of the program right from the
start. Only under these circumstances can the program be
truly successful.
P.C. DISTRUST
STALLS
TALKS
The National Commission Inquiry on Indian Health
was formed in October, 1977. It consists of the N . I . B .
Health Co-ordinator and a delegate from each provincial/territorial organization. Support staff include a
Doctor as Medical Consultant, and other health
researchers from Indian organizations. Monthly meetings
are held to investigate the fundamental issues i n Indian
health, including Indian rights to health care. It is
examining the present status of Indian health i n the
broadest possible context, to include the historical, social
and political factors involved in the continuing decline in
Indian health. A t the October, 1979 meeting, the most
important issues discussed were the future of the consultation process between the Indian Communities and the
Federal Government, mechanisms for on-going consultation, and use of the funds earmarked for this purpose.
The funds included $475,000 for this fiscal year with
$95tf,000 per year thereafter.
CONSULTATION MONEY UNCERTAIN
The Conservative Health Minister's office decided an
arbitrary third party for the distribution of the
consultation money was necessary. The N . I . B . , after
much discussion, decided on Justice Berger's Commission
to submit the recommendations necessary for the
distribution or retention of the $475,000 consultations
money for this fiscal year.
Justice Berger had intended to submit his
recommendations to the Commission and Minister
Crombie's office by mid-January, 1980. T o date he has
not submitted this document, but he will be meeting with
the Health Portfolios in early February, 1980. A t this
meeting he wants to discuss further recommendations,
having had the opportunity to review all the Health
Portfolio's proposals. Therefore, it is uncertain at this
stage i f the $475,000 is still available for the community
health consultations.
*
INDIAN WORLD 19
EDUCATION'
V,
,
Over the past decade we talked about non-Indian
education and their policies and programs, with many of
our good people working to make that school system
better.
In our meetings over the past year we have been talking
about our own ways as Indian people. We have had many
of our Elders take part i n these meetings. What they have
to tell us helps us to be stronger i n what we are working
towards for our children.
Y O U N G P E O P L E : Many o f us do not speak our own
language. A s Able Joe said at a recent meeting:
" W e know now that you want to learn to talk i n our
language, it is not your fault that you can't talk. We
thought that the reason young people don't talk out
language is because this is part o f learning the ways
of the non-Indians around us, and Indian language
has not part of these ways.
" F o r each of you young people, don't blame
yourself, don't think that you are not an Indian.
Y o u were born an Indian, and you will always be an
Indian."
Indian language is one o f the first parts of our work in
preparing for Indian education: this is one o f the first
things that we want to put into "Indian-controlled
schools." There are many cultural centres that have
started putting our languages i n schools already.
PARENTS
Many of us find it hard to get involved in the education
of our children, because we don't know what it is that
they are supposed to be learning in school. We know that
we are not trained like teachers in the school. We know
that we don't like what we see happening to our children,
but we don't know what we can do about it.
"These are our children. Our children are Indians. We
want more than anything that they will learn our values,
so that they will continue the teachings of our people,
even after we are gone. Our children cannot learn about
these things i n school."
Jeanette Bonneau has said, " W h e n we send our
children to school we cannot expect them to learn the
ways of our people. Where is the wisdom of Indian
people i n the schools? It isn't there. Just because we send
out children to school doesn't mean they are not with us
in the evening or the morning and on the week-ends. That
is out time. This is the time that they have and we have to
give examples of our ways."
These concerns are the ones that we have talked about
in our education meetings. Helping our children know
why they need an education, an Indian education and
formal school education.
What some parents talked about at one of our large
Indian education workshops was that we need training
INDIAN WORLD 20
for parents. A s a mother from Fraser Lake said,
" W e spent many years in the school system. We
don't know i f we can teach our children in bur own
ways. Especially i f we can't speak our language."
How do we do this? The answer comes from you.
worth starting by talking to other parents about how w , /
feel. Together you will know who from your reserve can
talk about this with you. We think we are all alone, but
really we all want the same help.
Indian learning and teaching is full o f drama. We learn
from stories. In our meetings this is how we talk about
Indian education. Everyone tells the story o f what is
happening i n their reserve. Everyone says why they are
doing their work. Everyone talks about their own
children.
There are many things that we say to each other that
are very hard for us. But we have to get these things out
to really know where we are going. When we have our
Elders at these meetings, they can talk to us in our own
language, and that is when we know that we are i n the
right place, talking with the right people about the right
thing.
We can see from our own children that they love
everything. They love to learn about everything, they are
so open. We can learn from our own children about how
to be open and how to learn.
We have a built-in learning system, to un-do a lot o f
negative things that we picked up. We have some children
who are going through some hard times, let's help them,
and help each other, and we will begin helping ourselves
as well.
N A T I O N A L INDIAN
EDUCATION CONFERENCE
"Indian Control
of Indian Education:
Practical Applications"
The University Centre
University of Manitoba
Winnipeg, Manitoba*
May 12-15,1980*
For further information contact:
Your provincial/territorial Indian organizations
or
THE NATIONAL INDIAN BROTHERHOOD
EDUCATION PROGRAM
102 Bank Street
Ottawa, Ontario K1P5N4
(613)236-0673
• C H A N G E D F R O M V A N C O U V E R , B . C . - A p r i l 22-24,1980
ALASKA H
GAS PIPELINE
ECIAL
Stan Point: Our way of life
here is very simple. We live off
e land—that means our way
of life. We are the original
people, we should be respected
as the original people. We
should have been consulted
before this pipeline even
existed.
How
long
are
Canadians going to patronize
the United States at the
expense of the Indian people?
Clarence Apsassin: We did a
lot of trapping. What kind of
compensation can you give us?
Maybe you can give us a few
bucks, but that isn't going to
support us for the rest of our
lives, like the traplines. If the
pipeline is going to be put
through our traplines^ why
don't they set a piece of land
where nothing would be able to
affect us? We want a big piece
of hunting area some place
where nobody else can get in but
us.
Cindy Pierre: When I go hunting with
my grandma, we drive for miles and do
not see any wild animals to shoot. A l l
we see is fences, trees cut down and
" n o trespassing" signs, " n o hunting"
signs, "private property" signs.
fe
Mary Basil: What are my
sons going to say when they
take a gun to go hunting and
there is nothing left to hunt
or fish, or to make use of
that land in any way? What
am I going to tell them and
what is the parents of these
other children going to tell
them?
INDIAN WORLD 21
PIPELINE POLITICS
In the early seventies, it was clear
that a pipeline would have to be built
to take natural gas from the Beaufort
Sea to the United States. The first
proposal was to build a pipeline down
the Mackenzie Valley in the North
West Territories through Alberta to
the United States. Very strong protest
by the Dene and Inuit of the North
imagination and sense of fair play of
thousands of ordinary Canadians.
the land. The Mackenzie Valley
Pipeline Hearings captured
the
interest of the southern media and the
The Government accepted Berger's
recommendations and killed the
pipeline. But for B . C . Indians, it
meant a new problem. In September
1977, the governments of Canada and
the United States signed an agreement
on the construction of the Alaska
Highway Gas Pipeline. The new route
The success of the Berger Inquiry i n
the North West Territories in the name
of the Dene and Inuit interests, reinforced by the impact of the West Coast
O i l Ports Inquiry here in B . C . made
the Federal Government more than a
little leery of Inquiries.
Our call for an Independent Judicial
Inquiry on September 30, 1977 was
met with a lot of opposition by both
Governments and by the oil and gas
industry. But a preliminary study
based on inadequate and out of date
data submitted by Foothills Pipeline
Company as part of their application
to build the B . C . portion of the pipeline, proved the need for a thorough
study. A t one point in the study, the
question of northeast Indian reserves
which would be affected by the pipeline construction was raised. A n air
recognizance was carried out and an
Indian reserve which no longer existed
was identified and the seven Indian
reserves which did exist were missed 1
those people completing the report.
THOROUGH STUDY C L E A R L Y
NEEDED
The interests of the Kootenay
Indians of South East were dismissed
as irrelevant and of no importance.
After all, the area had been impacted
The people in the northeast couldn't believe that non-Indians didn't believe by the building an earlier pipeline.
Nobody complained then, why should
they really live with the land.
they complain now?
Berger's final report to Government
would cut right through 439 miles of
We knew from experience that the
recommended that a new route be
North East hunting and trapping
word of the Indian people alone
found unless land claims were settled
territory and 105 miles of Kootenay
would not be listened to and would
in the Northwest Territories and the
traditional lands.
have little credibility in the neopipeline's construction could be
colonialist minds of government and
The position of the North East
proven safe for the environment and
big business. We would have to fight
Slave, Beaver and Cree was firm and
the people.
them using their own scientific
decisive: no pipeline until the impacts
methods of research and investiWest Territories and by numerous
can be assessed and the people's
gation. We would have to continually
environmental groups, forced the
concerns are heard through an inquiry
monitor new developments in the oil
minority Liberal Government to call
" l i k e Berger's." In the Southeast, the
and gas industry, as well as the polian independent Judicial Inquiry into
Kootenays' position was also clear: no
tical wheeling and dealing taking place
the whole issue. It was headed by
pipeline until land claims are settled.
between Canada and the United
Justice T o m Berger. He travelled to
The Kootenays supported North East
States. A n d we would have to lobby
every major village, town and settledemands for an inquiry, as well as a
for funding and an inquiry, contir
ment in the territories and was won
study of the impact that such a mamually, i n whatever areas of govern
over by the obvious sincerity and deep
moth construction project would have
ment was open to hear us.
feeling that the Inuit and Dene felt for
on the land and the people.
J
(continued on page 30)
INDIAN WORLD 22
In September 1977, the Canadian and American governments officially signed an
agreement to co-operate in the
construction of the $10 billion
Alaska Highway Gas Pipeline to
be finished by 1983.
Foothills Pipelines Ltd., the
owners of the line have had
problems with its financing.
Under the terms of Canada's
jrthern Pipeline Act, Foothills
must have money to build »ne
whole line before they can start
construction.
However,
Foothills announced in late
January they intend to go
ahead and build the south-west m
leg of the line "in a couple of W
months." The early completion
of the "pre-build" would have
gas flowing from central
Alberta, through Kootenay Territory in S.E. on through the
States to California by late
1981. Revenues from the sales
of that gas would help finance
the rest of the line.
With the financial difficulties
as well as American regulatory
delays, the starting date for
construction of the main line
has been pushed farther and
farther back. For the moment,
construction in the N.E. is
scheduled to begin in 1982 for
completion by 1984. Completion of the entire line is expec|tedby1985.
INDIAN WORLD 23
THE LAND AND THE PEOPLE
Slavey, Cree and Beaver Nations of
the northeast know their land and it is
the foundation of their lives. They
hunt to provide meat for their
families as their fathers and grandfathers have done before them. They
trap to get cash to buy some other
food, clothes and gas for the truck i f
they have one. They keep a few head
of horses to get around i n the bush.
They hunt i n the territory of their
Band and they respect its boundary.
They know which animals are plentiful and which animals must be left
alone for awhile to regenerate. They
know where and how to find them
because they have been taught since
they were babies, the ways of their
land. They have a deep and abiding
respect for mother earth and they do
not cheat her or manipulate her into
giving up more of her animals and
fish than she allows.
them well. They can enjoy the quiet
confidence that they are providing for
their families and no one will go
hungry, as long as they can hunt and
trap in peace.
But to hunt and trap in peace is hecoming more and more of a problem.
In the recent past it was not uncommon for hunters to go into an area
they hadn't hunted for three or four
weeks and to find a road punched
through to some new development.
r
It's only been recently due to t*
efforts of U B C I C legal staff, that
developers must give seven days
notice i f a road is to be built through
trapping territory. A n d every road,
seismic cut and pipeline right-of-way
has made Indian hunting territory
more accessible to sports hunters and
more development.
Until recently, most white peopleln
the area had no idea or understanding
continued on p. 28
Working for wages is not their
favorite way of living but sometimes,
in the off season, they take slashing
jobs. Sometimes they go guiding for
the white people who come to hunt
for trophies. O f all the intrusions on
their land, sports hunters make them
the angriest. But at least when they
guide for them, they can make sure
the sports hunters don't kill one
another with their carelessness and
they can direct them to the animal to
kill. But when they're out in the bush
hunting for their families and they see
that sports hunters have been around,
they move on to another area of their
territory. The sports hunters' intrusion on the land is an insult: like a
hard slap on the face, it is an indignity.
But when they're out in the bush,
out of the sight and sound of nonIndian development they have the
freedom and the skills to do what
they know and love. A l l the bush
knowledge that they have carried on
from one generation to another serves
INDIAN WORLD 24
Documenting how they used the land
made the people aware of the power of their land base.
ALIEN INVASIONS
The change of the Indian way of
More than a dozen maps covered the walls of the meeting room. Some
life started with the fur trade. The
showed all the land where Indian people have had hunting and trapping
territories. Other maps showed how each of those territories had been takenfirst of the traders came through in
over, first by white settlement, and then by the oil and gas industry, by the 1793 and eight years later, the first
fur-trade posts in the interior were
forestry companies, access roads and highways.
Altogether, the maps made very clear how every time that happened, the opened, at Fort St. John and Hudson
Hope.
people were forced to move aside, to see their territories shrink and their
A s Indian started trading, they had
way of life put under even greater pressure.
to change their ways of hunting,
The maps prepared by the community mappers to show Indian land use
fur-bearing
and occupancy reflect an understanding that makes both the people and the looking mostly for
animals,
which
resulted
in
a need of
land strong and generous and whole.
the
traders
for
some
of
the
hunting
But there is another story that has to be told about the very same land.
and trapping tools.
By the
1830's, the once-plentiful northern
buffalo were few. Starvation in 1810
and conflicts with traders led to
killings in 1812, and in 1821 the
decision to shut down remote trading
posts, such as Fort St. John and
Hudson Hope, led to more killings.
The Hudson Bay posts only opened
again when a minor gold rush on the
Peace and Parsnip Rivers brought
trade in the 1860's. In the 1870's
surveyors came to look at possible
routes for the Trans-Canada Railway
across the Rockies. They sent back
glowing reports of great farming
country.
G O L D BRINGS
PROSPECTORS
The Klondike gold rush in the
1890's
brought
even
more
prospectors through the country,
each trying to find the fastest way to
the Y u k o n . Many stole from Indian
food and equipment caches, and stole
Indian horses. This provoked the
Fort St. John Indians to push wagons
and carts back into the Peace River
Valley. Fear of more violence led the
Federal Government to bring Treaty
8 to this area. The Indian people
understood that this was a peace
treaty.
Consultants were hired to document this side of the
picture which are shown by dark and black areas on map.
There were hardly any non-Indians
in the northeast in 1900, the year the
Bands joined Treaty 8. But then came
the settlers.
Rail lines spread westward,
stretching
their
tentacles
into
northern Alberta.
continued on p. 29
INDIAN WORLD 25
"IT'S
SIMPLE— WE
Ricky Apsassin has shot a wild chicken, which will provide a good meal. He's in an exploration line, cut out by
oil and gas companies.
Moose-meat is a staple food in the north-east.
LIVE
OFF T
"IT'S
SIMPLE— WE
Ricky Apsassin has shot a wild chicken, which will provide a good meal. He's in an exploration line, cut out by
oil and gas companies.
Moose-meat is a staple food in the north-east.
LIVE
OFF T
continued from p. 24
of the extent that Indian people used
the land. They had never seen the way
they live. The common attitude o f the
whites has been that Indians are
"Saturday trappers" and hunt " f o r
fun."
A SIMPLE T R U T H : T H E PIPELINE W O U L D DO H A R M T O
THE LAND
When northeast Indians learned t h a |
white governments had decided to
build the Alaska Highway Gas Pipeline directly through their territories
they protested. They told the governm e n t s a simple honest truth: this
development would do great, irreparable, harm to the land, the animals
and the people IT WOULD BE T H E
D E A T H BLOW ON THEIR WAY
OF LIFE. But nobody believed them
and they found that hard to comprehend. Living with the earth" makes
you honest, so much so that's it's
very hard to understand dishonesty.
If their word alone was not
enough, how could they get through
to the white government? It was
decided that the only way to prove the
importance of the land to their way of
life was to explain it to white people
in terms and language they were
capable of understanding. Northeast
leadership decided to go along with
the U B C I C suggestion that a scientific study be done. The Land Use and
Occupancy Study began in July 1978
headed by two non-Indian anthropologists who had previous experience
in that type of study.
The general feeling amongst the
people was: " T h i s is bullshit but if
it's the only way we can prove to the
white government that we live on the
land, we'll go along with i t . " Needless to say, it was tough going at first.
The people had a hard time talking
about things that were obvious to
them. How can something you do
every day, that everybody
your
community knows about, be so important that it has to be written down
on paper and drawn out on maps?
INDIAN WORLD 28
The study lasted eighteen months
and somewhere in those eighteen
months the people came to the realization that they had power. They say
it was when they saw the enormous
bulk of information the anthropologists had gathered together and interpreted into white terms that it became
clear they had a powerful base on
which to fight.
N.E. BANDS ARE
RECOGNIZING ECONOMIC
POWER
That power has given them hope,
and more interest in their own
government. Where once D I A had a
stranglehold over N . E . Band councils,
four Bands out o f seven have taken
control of their Band funds and a
fifth Band is trying to do so. They
realize that they have the power to
govern themselves. Now what they
need to decide is what things to take
over from D I A and how to go about
it. People who would never have run
for chief before have done so and
been elected.
The fact that they were also
successful in getting the government
to agree to hold community hearings
on the Terms and Conditions for the
construction of the Alaska Highway
Gas Pipeline, further reinforced their
power base. The community hearings
were held in late October through
November in all seven reserves and
what the people told Chairman Ralph
Mair, the members of the Northern
Pipeline Agency, and the oil and gas
companies who have an interest in the
Pipeline, amounts to a stack of books
three feet high.
The results of the Land Use and
Occupancy Study were presented in
mid-December at
the
summary
hearings...but the sum total of all
the information given through the
community
hearings
and
the
summary hearings didn't come close
to fully describing the intricate and
efficient systems of land use that the
Indians of the northeast have developed over the centuries. But they feel
that more white people appreciate the
fact that they live off the land and
that their way of life continues to live
under the heavy pressure of
development.
Since the hearings, there has been
increased pressure on the people to
take wage labor. While some have
taken this type of work, others who
worked full time in wage employment
have gone back to the bush to hunt
and trap. More education dollars
have become available to the Bands
and more contracts for slashing etc.
have been offered. The old Colonialist trick of: " i f you can't destroy
them, buy them o f f " is alive and well
in the N . E .
The last twenty years has seen a
dramatic increase in non-Indian
development projects
throughout
Indian territories. In the past the way
the people coped with these intrusions
on their lands was to move out of the
way, further into the bush.
SURVIVAL DEPENDS ON
WHAT LAND THEY CAN HOLD
The events of the past two years,
have made it very clear to the Beaver,
Cree and Slavey Nations of the
northeast, that their survival as
Indian people depends on what land
they can save from development.
They can't move out of the way. They
can't become assimilated into white
society through wage employment.
They have no choice but to fight the
iggest construction in the world,
financed and urgently desired by one
of its most powerful nations.
b
In his submission before the
summary hearings, George Manuel
looked the Chairman in the eye and
said:
" C a n we get justice as Indian
people? Is there such a thing as justice
years will tell the Indian hunters and
trappers of the northeast if justice
exists for them. For now. they live
with hope.
•
from p. 25
In exchange for the building of the
trans-continental
railway,
the
gave
the
Federal
Government 3,500,000 acres of
farmland, the Peace River Block,
which was opened for settlement.
To the Beavers and the Cree the
northeast was home. T o the settlers,
it was some o f the best agricultural
land in Canada, not even touched.
AGRICULTURE ATTRACTS
SETTLERS
The first wave came in 1912. A t
that time, the area was under the
exclusive control o f the federal
government.
Land
was
made
available to single men and male
family heads for $10 a quartersection.
Promises of rail connection from
Alberta brought a second wave of
settlers in 1916.
In the early part of the century, the
northeast Indians suffered from times
of starvation because the game was
scarce. This was followed by a tragic
epidemic of measles in 1910 that
killed one out of every three Beaver
Indians, and then there was the
influenza epidemic in 1918.
After World War I, the Soldiers'
Settlement Board helped to set up
returning veterans on farms in the
Peace River. This, combined with
new railways, brought the first major
wave of farmers.
The late 1920's saw the price of
furs go sky-high, with many of the
settlers and prospectors earning their
cash through trapping". Fur-bearing
animals became scarce and caused the
Provincial Government to register
exclusive-use traplines in 1926.
During this registration many of the
traditional trapping areas of the
Indian people were officially lost as
they were grabbed by white trappers.
In many cases, the Indians had none,
or very small legitimate trapping
areas until the mid-1930's.
By 1930, large areas of the south
Peace country were under the plough.
Farmers were moving up the river
valleys, penetrating Indian territory
ever deeper.
In
midst of all this, not before,
Indian people were allocated reserves.
Still, they moved around the country,
following the game. But the squeeze
was on. They knew it.
With the settlers came the first
roads, linking settlement centers with
each other and with the railway.
In 1931 the railway connection to
Dawson Creek from Alberta brought
another wave o f settlers.
Agriculture was becoming a way o f
life for non-Indians. A n d the roads
were pushing farther out, as more
and more land was taken up.
But no road ever brought with it
anything like what followed the
Alaska Highway. The Highway was
built during World War II. Then, it
was thought a military necessity
Much of the Highway was pushed
through land where settlers had yet to
go. Following the war, there was
another major wave of homesteaders
into the region. A t this time, the
18,000 acre Reserve of the Fort St.
John Indian Band was sold by Indian
Affairs for the returning veterans. In
return, the Band received 613 acres of
land, divided into three reserves.
OIL A N D GAS BOOM
BEGINS
For some time, the oil companies
had suspected oil and gas could be
found beneath the Peace River area in
B . C . In 1950 these suspicions turned
into discoveries. The oil and gas
boom was on.
In 1952, the. highway between
Prince George and Dawson Creek
was finished, providing a direct road
to the rest of B . C . for the petroleum
crews.
In 1958, Canada's first major
natural gas pipeline was built by
Westcoast Transmission to carry
northeast gas to the U S border.
Pipelines were laid ail across the land,
hooking up commercial oil and gas
wells with markets in the south.
Trappers would come back to their
lines after a year away only to find a
new road punched through. They'd
find a drilling rig at the end of it.
Every new drilling rig meant another
new road. A n d every new road meant
more sports hunters making their way
through the bush collecting trophies.
The oil and gas boom is still going.
In fact, now it's stronger than ever:
over 600 wells drilled in a year. It
keeps the northeast going. It means
hundreds of millions of dollars to the
people and the governments involved.
Then, in 1961, the building o f the
W A C Bennett D a m on the Peace
River was started. In 1968, the Upper
Peace, Parsnip and Finlay River
Valleys lay under the largest lake i n
B . C . By 1975, this dam was
producing nearly one-third of B . C . ' s
electricity.
LOGGING COMPANIES
MOVE IN
The last 12 years have brought a
new pressure on the people in the
northeast: logging. Since 1968, the
volume of timber cut has increased
more than 250%. In some areas, it's
even higher than that.
Logging companies have targeted
areas where they'll be taking timber
in the next several years. Again, that
will mean new roads into areas that
before, were without access for
vehicles.
The last ten years has seen the
population of Fort St. John double to
15,000 and the area has become the
major resource base for B.C. It
means Indian hunters and trappers
are being pushed harder and harder
every
year.
Y o u can see the process of
development. Wave after wave after
wave. In the northeast, it's prettynew
yet. For other parts of the province,
it's
what
Indian
people
have
experienced for a long time.
The process continues.
But it doesn't stop there.
"The impact is on the total hunting, trapping, fishing and gathering
areas, "George Manuel told the pipeline hearings. "It is the Indian way of
life and cultural survival that is impacted. "
"When you corner a grizzly bear against a rock, you have a fight on your
hands, " Manuel said. "And I think the Indian people have been backed
into that corner."
INDIAN WORLD 29
(from page 22)
In February 1978, a delegation of
chiefs from the two areas went to
Ottawa and appeared before the
Special Senate Committee set up to
consider Bill 25 regulating the building
of the pipeline in Canada. The Chiefs
wanted the Bill set aside until an
inquiry could take place and the voices
of the people heard.
Despite their reasoned and eloquent
presentation, Bill C-25 was passed one
month later by the House of
Commons and the Senate. The Bill
created the Northern Pipeline Agency
to oversee the planning and construction of the Pipeline in Canada. The
Agency was given unprecedented
powers so that the $10 billion pipeline
could "go forward without further
delay."
The Bands and the Union had to
struggle and lobby for the funding
submission every step of the way. We
opposed the Government's plan to
hold brief public hearings on their
Terms and Conditions. The Northern
Pipeline Agency has drafted these
terms and conditions without any
proper consultation with the Indian
people. Our demand for participation
in pipeline discussions was finally
successful. In July 1978, we also
signed an official agreement with the
Federal government to enable the
U B C I C to start our impact research
and Occupancy Study, to be done by
two anthropologists with previous
experience in this kind of research.
between the Chiefs, the people and the
research team about the historic and
present day land use for hunting,
fishing, trapping, and other aspects of
each Band's traditional economy
Mapper interviews from the communities were trained to help the research
team. The added an in-depth study of
the areas of cultural importance and
what the land means to their people.
A n overview of the non-Indian use of
resources was prepared to assess how
their potential land use conflicts with
Indian utilization of lands and
resources.
HEARING ABOUT THE LAND
Bill M a i r , Chairman of the
Hearings, assured people that the
hearings would be to listen to their
concerns.
Although we did not get an
independent inquiry, we were successful in pressuring the Agency to
appoint an independent Chairman. A t
first they thought everything could be
dealt with at the general public
meetings, but the Bands demanded
hearings in their own communities.
The Agency finally agreed, and also
arranged to have a hearing in the
Kootenays which they hadn't considered up to then.
The Alaska Highway Pipeline
Terms and Conditions Hearings were
held i n November and December.
In every community the Elders and
young people spoke their minds with
pride and strength.
They tried to make the Chairman
understand what they felt about the
land and understand how the ways of
living and the land should be protected
from that kind of experience i f the
They know which animals are plentiful and which must be left alone for a people were going to survive.
while to regenerate.
On December 13, 14, and 15, the
summary hearings of the Terms and
A t the U B C I C General Assembly
plan on the Land Use and Occupancy
Conditions for the building of the
that A p r i l , we were given the mandate
Study with us. It was a difficult project
Alaska Highway Gas Pipeline were
to continue to oppose this project,
because most Indian people in the
held i n the council chamber of Fort St.
until we had enough time and funding
northeast still live very much in their
John's city hall. The purpose of the
to do the necessary research to protect
traditional lifestyle in terms of their
hearing for the Union of B . C . Indian
our communities from all possible
reliance on the resources of the land:
Chiefs was to sum up the evidence
negative impacts. The Union was also
they could not readily discuss their
presented through the community
instructed to continue to lobby for an
reliance on the land because they lived
hearings and to present technical and
it.
independent public inquiry into the
scientific information to back up the
socio-economic impact of the pipeline
The research was very intensive and
testimony of North East Slave, Beaver
on our people.
took hours and hours of discussion
and C r e e .
INDIAN WORLD 30
We began immediately because the
Bands had already worked a detailed
A JUST AND PEACEFUL
SOLUTION
There is a serious conflict between the
white man's world and the Indian world. A
serious conflict. While non-Indians dramatise
hunting and fishing as the primitive pastime
of primitive people, they spend thousands of
dollars and travel hundreds and sometimes
thousands of miles to hunt moose and other
trophies. Hunting has become a privileged
society's relaxation.
It is the basis of the Indian economy and
the survival of a valuable but dangerously
threatened way of life. In the past, Indian
people have coped with development by
moving away from it. Logging, agricultural
settlement, oil and gas and other forms of
development in the northeast, have left the
people no place to move on. When you
corner a grizzly bear, you have a fight on
your hands. The Beaver, Slavey and Cree of
the northeast have been backed into that
corner.
The construction of the world's largest
pipeline through Indian hunting and trapping
territories will be the final blow which will kill
forever the Indian way of life. It will be an act
of genocide.
If the construction of the Alaska Highway
Gas Pipeline is to go ahead, the federal
government and the oil and gas industry must
come to terms with this shocking reality and
take immediate and positive steps before
construction begins to ensure it doesn't
happen. The following demands were placed
before Independent Chairman Ralph Mair of
the Northern Pipeline Agency's Terms and
Conditions hearings on December 14, 1979
by George Manuel, president of the Union of
B.C. Indian Chiefs:
• The right of Indian governments to exercise authority and control over their lands and
resources must be entrenced in the law of Canada.
• Guaranteed hunting, trapping, fishing and food gathering territories must be set aside for
control and management under the authority of Indian governments (Bands) in the N.E.
• Indian governments must be given equal third party participant status in any Federal/
Provincial agreements .which affect Indian people.
• Indian Governments must have the central authority to control and implement programs to
deal with the social upheaval caused by the Alaska Gas Pipeline.
• the route of the pipeline must be changed and a new one chosen on the basis of Indian land
use and the social impact on Indian people.
• Lands, chosen by Indian governments and capable of being turned into Indian reserve
lands, must be .purchased by Foothills Pipeline Ltd.,to compensate Indian people for the
negative impacts on their way of life.
INDIAN WORLD 31
Robert Dominique: [in his
own language]: I've got a lot
of grandchildren and I worry
about them, and so I want
tribal land to go unaffected
and the pipeline, to go
somewhere else. Why not go
close to Fort Saint John, why
through Doig? I'm really
worried about the pipeline. If
the pipeline goes through, it's
going to affect
all my
traplines, hunting.and I've got
to go a long way for moose
hunting and deer. A l l the
animals will go farther north.
Chief Gerry Attachie: The pipeline will
affect all our animals, like deer Some years
ago, take about fifteen years ago, we could
go about a mile out of this Reserve, a couple
of miles, and get a moose. But since the last
few years, we have to go eight, ten miles.
A m y Gauthier: We are going to be here for
another hundred years and just everything is
going down the drain. We used to live so
happy, go out hunting but we have got a
trapline that has already been ruined by your
pipelines.
Terry Brown: We are an oppressed
nation—we
are
the
aboriginal
people of this country, and we have
never participated in any decisionmaking.
Terry Elaine Carlick: We don't
think the pipeline should go across
the river because it might break
open, leak and pollute the water for
fishing and drinking.
Nora Apsassin: [in her language]: In the winter time we used to use dog
teams, no matter how cold it was, and sometimes be gone for five days.
We used to have a real good life a long time ago, before the white man
came.
"Can we hope for Justice as Indian People? Is there such a
thing as Justice for Indian People?"
INDIAN W O R L D 32
BURIAL GROUNDS ARE
SACRED
A long-time bitter issue among
Indian people is grave-robbing. There
have been many instances in the past
in which sacred burial grounds have
been dug up without permission, the
remains o f our ancestors scattered,
and their belongings stolen, either for
personal greed or for "reasons o f
science," to be stored in drawers or
behind glass cases i n museums. F o r
whatever reason, this amounts to
theft, desecration of our sacred
grounds, and a complete disregard
for our way o f life and our beliefs.
Many Indian people wonder what the
reaction would be i f we decided to dig
up some of the graves o f our
Caucasian brothers and sisters, so that
we could study them and their way of
life.
This issue has now surfaced i n the
Bella Coola area, and the Band
Council is taking an unrelenting stand
against this type of invasion.
Bella Coola's Band Council has
said " n o " to a request from Crown
Zellerbach C o . to remove coffins
Bella Coola Elders want to protect their burial grounds from logging
operations.
from the sacred burial grounds at
Hole i n the Wall on the northeast
corner of King Island. Crown
Zellerbach's plan is to log out the
valley, and that will mean the
destruction of burial grounds.
However, Edward Moody, a band
councillor speaking for the Bella
Coola people, says, " W e ' v e seen the
desecration o f Indian burial grounds
in other areas i n the past, and we
certainly aren't about to give our
permission
for
any
further
desecration in our own area."
Even though the Band Council is
saying no, some o f the coffins are
reportedly missing from the burial
grounds, and the Council is anxious
to protect what is left.
The Band Council points to two
pieces o f legislation, the Heritage
Conservation
Act
and
the
Environmental Protection A c t , as
being supportive of their stand.
Another reason for the Council's
opposition to the paper company's
request is that until just settlement o f
land claims involving the Nuxhalk
Nation is reached, the Council wants
no more logging action on their land.
The Elders, too, say that these
burial grounds must be protected at
all costs, i n order to abide by the
laws o f the Nuxhalk Nation.
INDIAN WORLD 33
INDIAN GOVERNMENT
PORTFOLIO HEAD RESIGNS
FOR INDIAN GOVERNMENT
AT HOME
Dear M r . President:
The Indian Government Portfolio for the past three
years, has been my whole life. I believed i n it when I
began my involvement and I continue to hold that firm
belief. In my opinion, there is no other way to go. The
only other alternative to an Indian Government is a
corporation, which is absolutely out o f the question as
far as I am concerned. We have all the essential basics
for the development o f strong Indian Government,
including a land base, resource base and our Chiefs and
Councils as governing authority. Though these
ingredients need expanding and enhancing, they still
remain the foundation on which to build.
For the past three years,
the primary focus o f the Indian Government Portfolio
has been to try to get this
point across and to develop
amongst our people, and
especially among our leaders, an understanding o f the
concept and philosophy o f
Indian Government. This
work was to establish a
focus for all our work whether it be at the Band or
Provincial level. A n d at the
same time ensure we maintained a common direction
whether we were dealing
with land claims, Aboriginal rights, Constitutional,
Indian A c t , or D I A Program Questions.
Indian
Government, over the past
three years has evolved to
provide us with a framework to deal with all matters
that affect our lives. In my view, the first phase i n our
work has been completed, whereby Indian Government
has become a real concept in the minds of our leaders.
We are now i n the second phase which is to build
Indian Government from a concept into a practical
reality. This will mean examining the components of
our Indian Government Position and developing a
detailed implementation plan for each within. What
comes to mind are such things as a Constitution,
INDIAN WORLD 34
specific laws covering specific areas o f jurisdiction, and
detailed strategies on how to implement our position.
Another major area that has come to light because of
my own personal experience is the need to mobilize our
people, especially our young. I am convinced there is
no time to waste. We must take immediate, definite and
deliberate steps to overcome the confusion and
frustration that push our young to alcohol, drugs and
suicide. We must give them something strong and
positive to relate to and ensure they are fully involved in
the construction o f our Indian Governments.
The past five months have seen me concentrating on
organizing the young people i n our community and
surrounding communities.
A s a result, I see faith and
hope being restored to their
very young minds and a belief emerging that may be
there is a place in this world
for each one of them. The
work I have begun here is at
a very critical stage and the
results could be devastating
if left at this time.
It is for these reasons that
I submit my resignation to
the U B C I C as the head of
the
Indian
Government
Portfolio and give my full
confidence and support to
whomever shall assume the
challenging responsibility
of leading the work in Indian Government. I will, of
course, be available to the U n i o n , to my successor in the
Indian Government Portfolio and to all Indian people
and member Bands o f the U n i o n , to provide whatever
assistance I am able. I look forward to working with
you, our staff and all our Indian Governments toward
building our dream into concrete reality for our future
generations.
Yours in love and brotherhood,
Chief Robert Manuel
AT HOME BY-LAWS ARE PART
OF THE PROCESS
reserve. The Nicola and Bella Coola Bands and the
Tahltan Tribal Council have passed similar By-laws.
The Songhees Band has a By-law to cover mobile home
parks or subdivisions on its land.
The St. Mary's Band has passed a By-law to deal with
the trespassing of railway operations on the reserve.
The Lytton Band has developed a By-law to regulate
the use of recreational and off-highway vehicles on reserve
lands.
The Cape Mudge Band has a By-law to allow taxing on
the reserve.
The Gitlakdamix Band has made a By-law to control
licencing of and protection from domesticated animals on
its land.
The right to pass legislation to govern Bands is a step
towards self-determination.
Band By-laws can cover many aspects of life concerning
Indians on reserves. The By-laws could be used in building
a legal base with which Bands may implement the practice
of Indian Government.
•
One aspect of the workings of our Indian Governments
(Band Councils) that has been relatively little-used up to
now is the Band By-law.
Under Section 81 of the Indian A c t , provisions have
been made under which Band councils may implement
By-laws for the overall betterment of the Band. According
to the A c t , the By-laws may not be "inconsistent with this
A c t or any other
regulations
made
by
the
Governor-in-Council or the M i n i s t e r . . . " These By-laws
may concern many aspects of everyday life on reserves—
traffic regulations, trespassing, maintenance of roads,
pollution, protection of wildlife, and others.
T o have a By-law become law, the Band has to follow
certain steps. These are laid out within the Indian A c t as
well. The Band Council must pass the By-law and either
the Council or the Chief must send a copy to the Minister
of Indian Affairs within four days after it is passed. Once
these steps have been carried through, the responsibility
falls on the Minister. If the
Minister does not disallow
the By-law within 40 days
after it has been sent by the
Band, it is registered and
becomes law. Unless it
clashes with an already present law or regulation, the
Minister must have extremely "good reason" for
disallowing the Band B y law to be registered into
law.
The Band is then free to
TRIBAL COURTS
Passing Band By-laws to protect the environment
pass some type enforcement
and the fish could be a step in
for the By-law. However,
the process of implementing
the power of existing ByGeorge Manuel has repeatedly said that Indian people
Indian Government.
laws is vague. To date, no
ought to implement Indian Government by simply
Band By-laws have been contested in the courts of
D O I N G I T . Bands have been discussing passing bylaws
Canada.
this year, as a way to implement laws within the Indian
Although there are probably more than eighty Band
Reserves. Bylaws are a good means to assert the
By-laws in existence in B . C . , most have been sitting in file
jurisdiction set aside for Indian people under the
cabinets and never practiced. However, during the past
INDIAN ACT.
few years, Bands have begun to pass more By-laws with
Bands are also beginning to consider
the
intentions of enforcing them.
establishment of Tribal Courts on the Reserve. Before
The Mowachaht Band has recently passed a pollution
Christmas, the Neskainlith Indian Band set up a Court
By-law to protect the health of its residents. The By-law
and tried a Band Member for theft.
regulates pollution levels allowable by the Tahsis ComUnder the I N D I A N A C T , Band Councils may pass
pany pulp mill situated near the reserve. It also regulates
bylaws for the preservation of law and order on the
noise levels and disposal of waste by residents, leasors and
Reserves. Under this bylaw power, it is possible for
industries other than the Tahsis C o . Failure to comply with
Bands to set in place their own system of tribal justice.
the By-law will result in a $100 fine or 30 days in jail for
Perhaps Bands might consider also setting in place,
each day the crime is committed.
Tribal Courts with enforcement provisions without
The Squamish Band has passed a By-law to provide for
using the bylaw power of the I N D I A N A C T .
the preservation, protection and management of fish on its
INDIAN WORLD 35
GITKSAN-CARRIER
"Learning Today...Leading Tomorrow. "
SCHOLARSHIPS
GITKSAN-CARRIER DECLARATION
Since time immemorial, we, the Gitksan and Carrier People of Kitwanga, Kitseguecla, Gitanmaax, Sikadoak, Kispiox, Hagwilget and
Moricetown, have exercised Sovereignty over our land. We have used
and conserved the resources of our land with care and respect. We
have governed ourselves. We haVe governed the land, the waters,
the fish, and the animals. This is written on our totem poles. It is recounted in our songs and dances. It is present in our language and
in our spiritual beliefs. Our Sovereignty is our Culture.
Our Aboriginal Rights and Title to this Land have never been extinguished by treaty or by any agreement with the Crown. Gitksan
and Carrier Sovereignty continue within these tribal areas.
We have suffered many injustices. In the past, the development
schemes of public and private enterprise have seriously altered Indian
life and culture. These developments have not included, in any meaningful way, our hopes, aspirations and needs.
The future must be different. The way of life of our people must
be recognized, protected and fostered by the Governments of Canada
and the Laws of Canada. Only then will we be able to participate
fully in Canadian society.
We, the Gitksan and Carrier People, will continue to exercise our
Sovereignty in the areas of Education, Social and Economic Development, Land Use and Conservation, Local and Regional Government.
We have waited one hundred years.
We have been patient.
Through serious negotiation, the basis for a meaningful and dignified
relationship between the Gitksan and Carrier People and the Governments of Canada and of British Columbia will be determined. These
negotiations require mutual and positive participation by the Federal
Government and the Provincial Government.
Today, the Governments of Canada and British Columbia undertake a bold new journey to negotiate with the Gitksan and Carrier
People. During this journey, we will fulfill the hopes and aspirations
of our ancestors and the needs of future generations.
Let us begin negotiations.
Recognize our Sovereignty, recognize our rights, so that we may
fully recognize yours.
KISPIOX, B.C.
NOVEMBER 7, 1977
The Gitksan Carrier Tribal Council hope this office will become the focus
for all the work they are doing, and
is an association of seven Bands in the
Tribal District and of all Gitksan that it will be a place to which all the
Carrier people who do not live in any Gitksan Carrier people will come to
of these villages. Each villages is question what is going on in the Tribal
represented on the executive body:
Council.
Gitwangak, Kitsegukla, Moricetown,
Sik-A-Dahk, Gitanmaax, Hagwilget
and Kispiox. Kitwancool is closely
This year, the Council held its
associated with the Tribal Council. annual convention i n the Kispiox
The Tribal Council's aim is self- Village. Each year they have a theme.
government. This involves setting up
A t their first annual convention it was
their own administrative office. They"Getting Stronger"; in 1979 it was
INDIAN WORLD 36
The Tribal Council feels that school
education is very important. They
plan to start a Gitksan Carrier Tribal
Council Scholarship for a Gitksan and
a Carrier graduate each year.
Education i n the Gitksan Carrier
Tribal Council area has gone through
some changes. There were no schools
in the olden days, the Elders were the
teachers. N o w Indian people attend
regular schools, although you find a
few Indian day schools being used
more and more.
There are a lot o f education institutions available to our people, but
knowing just how to use them is the
problem. Within the last couple o f
years the number o f students
attending B T S D (Basic Training and
Skills Development) or other special
education programs may have i n creased. D o our young people have to
rely on these special programs?
Indian language is another subject
that is taught in public schools now.
That is the biggest step that the Indian
people have taken in my area. Having
Indian studies taught by Indian
people who know who we are, having
Indian teachers aides (better yet,
TRIBAL COUNCIL
The Outreach Program celebrated
their sixth anniversary in July of 1979,
and this is indeed something to
celebrate because three years is the
maximum for Outreach projects. Last
year it was about to fade out but was
given a last minute reprieve.
The high unemployment, poor
economic conditions and social
problems in our area led to the Tribal
Council taking a firm position that
this project should continue.
Indian teachers), Indian home-school
co-ordinators, the whole school
system can be redeveloped for Indian
people.
UPPER SKEENA COUNSELLING
A N D L E G A L ASSISTANCE
SOCIETY
This also comes under the Tribal
Council. The white man's legal system
has been around for many years but
there has to be an understanding of the
Indian people in that legal system. We
have several Indian lawyers that will
help us understand the political way to
set up Indian Jurisdiction. A s Indian
people we have to develop and enforce
our laws from our own perspective.
We have a lot of thinking, listening
and researching to do on our past and
how those systems functioned and
were successful. A n O l d Indian
prophet said a generation of Indian
NATIVE ALCOHOL ABUSE
people
will finally wake up and begin
PROGRAM
to assert their own traditional ways of
N A A P has been unsuccessful i n doing things as opposed to being
developing enough political pressure assimilated.
to get treatment facilities but it has
The Gitksan Carrier Tribal District
held workshops to help people in our
communities understand alcohol pro- is on the British Columbia map. The
blems and to develop a team of local work being done in our area on Land
resource people. More involvement Claims and their long term plans
from the Elders in terms of support would take much space and time to
and direction for this program is explain. The Gitksan-Carrier land
claims office will discuss their work
needed.
and goals in the next issue of Our
Indian World.
•
OUTREACH
We used to have a complete system of
government. We are finally waking up
and beginning to assert our own
traditional ways.
The main focus of this legal
counselling program is to assist our
people to use our legal rights by providing us with information workshops
dealing with fisheries law, unemployment insurance, rights of Indian
women and so on and the education of
non-Gitksan Carrier people who live
on our land. The people setting it up
have insisted on Local Control of the
program right from the start.
INDIAN WORLD 37
MASSIVE DAM AND
SMELTER PROJECT
The Aluminum
Company of
Canada (Alcan) announced
on
December 10, 1979 that it has
committed itself to expanding its
Kemano power plant. The extra
power would supply three new
aluminum smelters, one to be located
near Terrace and two at other sites i n
the province.
KEMANO I DESTROYED WILDLIFE, FORESTS A N D S A L M O N
RIVERS
In the 1950's Alcan diverted the
Nechako River upstream of Fraser
Lake at the Kenney Dam and built a
powerhouse at Kemano (60 miles
southeast of Kitimat) to supply
electricity for its aluminum plant i n
Kitimat. This diversion created a
huge 360 square mile reservoir
covering most of a vast chain of lakes
that lay upstream. This used to be an
important area for wildlife; massive
amounts of timber were destroyed
because the area was not logged
before flooding; and the fishery
resource was very severely affected.
A L C A N WATER RIGHTS
Alcan already has water rights to
the expansion of Kemano because of
an agreement signed with the B . C .
INDIAN WORLD 38
Controller of Water Rights i n 1950.
Under this agreement Alcan has until
1999 to develop the watershed of the
Nechako above the Kenney D a m and
to divert the water from Nanika and
Kidprice Lakes and drainage system
into the Nechako Reservoir.
For Kemano II, Alcan wants to
build a dam at the outlet of Kidprice
Lake and a tunnel of about 13- feet
wide from Nanika Lake to the
existing Nechako reservoir. Resulting
flooding would cover approximately
seven square miles. A second 10-mile,
28-foot wide tunnel through Mount
DuBose would also be needed,
together with a new powerhouse
alongside the existing powerhouse
(see map). The power capacity of
Kemano would be nearly doubled.
K E M A N O II T H R E A T E N S
S A L M O N IN SKEENA AND
FRASER RIVERS
In 1974 a joint environmental
impact study of the Nechako, Morice
and Nanika river systems was
undertaken by Environment Canada,
the Fish and Wildlife Branch and the
International
Pacific
Salmon
Fisheries Commission to determine
the effects o f the proposed Kemano II
project. They found a great many
problems because of the effect of
reduced flow levels, temperature
changes
and
dissolved
gas
concentration on salmon. The study
concluded that the Kemano II
development would have unavoidable
adverse effects on salmon spawning
in the Nechako, Morice and Nanika
River
systems.
Minimal
flow
requirements necessary for salmon
survival would be impossible to
maintain. I N D I A N F O O D F I S H E R M E N W O U L D SUFFER BECAUSE
BOTH T H E FRASER A N D SKEENA S A L M O N R U N S W O U L D B E
SERIOUSLY IMPACTED.
The International Pacific Salmon
Fisheries Commission has publicly
opposed the project, warning that the
Fraser River sockeye stocks could be
reduced by 7.7%. The Commission
suggested that instead o f diverting
more water from the Fraser River
system for generating power, Alcan
could use their water surplus in such a'
way as to enhance the development of
the sockeye and other salmon resources o f the Nechako and Fraser
River systems.
ALCAN
WON'T
WAIT FOR
SOCIAL A N D ENVIRONMENT
I M P A C T STUDIES
PLANNED FOR HAISLA
LANDS
applying to the National Energy
Board to export its own surplus to the
U . S . Opposition to Kemano II is
growing
daily.
The
Native
Brotherhood of B . C . has recently
called for a repeal of Alcan's water
licence and a full scale inquiry into
the province's hydro needs before
they start building. The Haisla Indian
Council, whose lands would be
affected,
has
demanded
a
moratorium on all new projects
within their traditional tribal lands
until their land claims have been
settled. Environmental groups, too,
have stepped up their opposition,
calling on the company to make all its
reports public and on the government
to conduct public hearings into all
aspects of the proposal.
A t stake is one of the most
beautiful and productive waterways
in the province.
The Kemano I project of the
1950's was destructive to the
timber and fishery resources
affected by the Nechako River
diversion.
It seems, however, that Alcan has
no such intentions. While the
company says that
independent
environmental and social impact
studies, being conducted by the
Vancouver firm of Envirocon L t d . ,
will not be ready until the summer of
1980,
commitments have already
been made to go ahead with the
project. Recently leaked documents
originally sent to the B . C . Department of Economic Development
show that Alcan intends to start
building Kemano II in 1980.
B.C. H Y D R O A L R E A D Y H A S
POWER TO EXPORT
Alcan already has a contract with
B . C . Hydro to sell surplus power for
export. U p to 700 megawatts per year
will be surplus to Alcan's needs until
all o f the three new aluminum
smelters come into production several
years down the line. Meanwhile B . C .
Hydro can already generate more
power than the province needs and is
Since then, a 1974
environmental impact study
has concluded that Indian
food fishermen would suffer
from the Kemano II project
planned by Alcan.
More
flooding and construction of a
new dam will begin this year
says Alcan, ignoring the
protests and not waiting for
impact studies to be
completed.
INDIAN WORLD 39
URANIUM: INDIGENOUS PEOPLE'S
WORLDWIDE REACTION
area. This stream is used by 450
Navajo for drinking water and to
water 2,500 head of cattle. Four
months after the collapse, the
company has been able to clean up
only one per cent of the spill and the
water remains unusable. Most people
have slaughtered their animals but
have
been
receiving drastically
reduced prices because of the possible
contamination of the meat. Some
Navajo also oppose uranium mining
proposed on Mount Taylor, a site o f
spiritual importance.
The price o f uranium has risen
sharply in recent years, with the result
that the big uranium mining
companies have greatly increased
their worldwide search for the
mineral. This "uranium rush" is
often concentrated i n areas of the
world where the indigenous people of
that region maintain a traditional
lifestyle at odds with the values and
hazards associated with uranium
mining.
ABORIGINAL PEOPLE IN
OTHER AREAS GIVE EVIDENCE
Now uranium mining is proposed
in B . C . the Union of B . C . Indian
Chiefs is a major participant before
the Bates' Royal Commission Into
Uranium Mining, which is to make
recommendations whether uranium
mining should go ahead, and i f so,
under what conditions. In the past
two months, the Commission has
heard evidence from three areas of
the world where Aboriginal People
have already had to deal with the
issues surrounding uranium mining,
New Mexico, Saskatchewan, and
Australia.
POISONING T H E N A V A J O
PEOPLE
The effect of uranium mining on
the Navajo people o f New Mexico
was described by an environmental
consultant who has worked extensively with the Indian tribes of the
U.S.
Southwest.
New Mexico
produces half of the total uranium
mined in the U . S . and much of this
uranium is located on the Navajo
reservation. Five mines currently
operate on Indian reserve land and
another fifteen are proposed. The
Navajos who oppose uranium mining
identify three major areas o f concern:
health, environmental pollution, and
conflict with spiritual values.
Twenty-five Navajo miners have
died from lung cancer caused from
working underground i n poorly
INDIAN WORLD 40
PITTING JOBS
AGAINST H E A L T H
Uranium mining has also created
divisions among the Navajo, between
those who support its economic
benefits and those who oppose
mining on health, environmental and
religious grounds. This division was
described for one region where the.
mine would bring i n 550 workers into
a community of only 300 Navajo.
Betty Yazzie, a
Navajo widow,haslosttwohusbands
from lung cancer and has not been
able to get her widow's pension.
ventilated mines. Concern also exists
about the release of radon (a cancercausing gas produced from uranium)
to the air and the potential
contamination to drinking water
supplies from tailings ponds which
represent a hazard for thousands o f
years.
Contamination of water is also the
major environmental concern o f
many Navajo people. A witness
described the failure of a uranium
tailings dam at Church Rock which
resulted i n the spill of 100 million
gallons of waste water containing
radioactive contaminants and other
pollutants into the only stream in the
"Some members of the community
don't want the mine. Ella Bates, the
vice-president, doesn't want her land
becoming a parking lot, and she
doesn't want to triple the population
with outsiders. Her sister-in-law, the
secretary, sees the mine as the only
way to get her son to live i n the area.
So she's got a new pickup truck and is
in favour of the mine. A n d we've got
families breaking apart, and fighting
with each other, as a result of these
problems. The community passed a
resolution opposing uranium mining
in the area, then the mining company
hired an organizer out of the
community to try and get that vote
turned the other way, and then the
legal
services
on the Navajo
reservation hired another organizer
out of the community to try and
organize
against
the
company
organizer."
INDIANS E N C O U R A G E D TO
WORK MINES IN
SASKATCHEWAN
During the past few years, another
area of North America, Northern
Saskatchewan, has been the focus of
intense uranium exploration and
development. Both the government
of Saskatchewan and the uranium
mining
companies
have
made
extensive attempts to gain the support
of the people of Indian ancestry who
make up 80% of the population o f
the region. One witness, G u l f O i l ,
which operates a uranium mine at
Rabbit Lake, outlined the program it
has initiated to promote the support
of Indian people. The program
includes:
(1) The establishment of a mine on a
commuter model. This means that
employees work 7 days at the mine
site and then have 7 days off.
Workers are flown to the mine every
week from their homes across the
North. The company claims that this
permits Indian people to maintain
their traditional land uses of hunting
and trapping and also minimizes the
impact of development on Indian
communities.
(2) Preferential hiring of Indian
and Metis. G u l f states that 35% of its
employees are of Indian ancestry and
that these people are employed at all
levels. The company states that it is
also committed to upgrading and
training programs.
However, in order to mine, the
company had to drain Rabbit Lake
and there is also a registered trapline
in the area. The company admitted
that no compensation was considered
for either of these interferences with
traditional land uses. In its defence,
the company claimed that its
activities have the support of the
Indian people of Saskatchewan. In
the near future, the Union of B . C .
Indian Chiefs plans to send a field
worker to the region to investigate the
validity of this claim.
The radioactive dust covers the land and nothing will grow for years and
years.
IMPACT OF L A R G E S C A L E
EXPLOITATION ON
ABORIGINAL PEOPLE OF
AUSTRALIA
Testimony was also given by D r .
Charles Kerr, a member of a Royal
Commission which investigated the
question of whether uranium mining
should proceed i n the Northern Territory of Australia. He testified that
his Commission had recognized the
distinct and special interests of the
Aboriginal people of the Northern
Territory
and
that
the
recommendations of his Commission
had been an attempt to minimize the
impact of uranium mining on those
interests. After hearing evidence from
the A b o r i g i n a l people of the area and
their supporters, the Australian
Royal Commission concluded that
the potential social impact of large
scale development posed even a
greater threat to Aboriginal culture
than the health and environmental
problems associatd with uranium
mining.
The settlement of Aboriginal land
rights was seen as a "crucial precond i t i o n " to any uranium mining. The
Commission also decided that any
increased employment to Aboriginal
people from uranium mining was not
a
sufficient benefit
to justify
uranium
mining
without
the
settlement of land claims and the
protection o f Aboriginal interests.
Thus, three different areas of the
world have experienced three quite
distinct responses to the issues
surrounding uranium mining and its
impact
on
indigenous
people.
However, none of these approaches
may be applicable to the B . C .
situation and the testimony is
provided only for information on
how other people have dealt with the
issue.
In this province, the Union of B . C .
Indian Chiefs has resolved that
uranium mining should not occur
because no development should take
place without the settlement of
Aboriginal Rights and because any
possible benefits to our people are far
outweighed by environmental and
health risks. N o development should
take place without the approval of
those who have the most to lose.
•
INDIAN WORLD 41
CHIEFS COUNCIL
Chief Archie Pootlass (second from left) was given responsibility for the Indian Government Portfolio
CHIEFS COUNCIL
Chiefs Council first session of 1980
took place January 22 and 23, followed by the Secretariat on the 24th
at the U B C I C office.
INDIAN G O V E R N M E N T
Robert Manuel, Chief o f the
Neskainlith Band in Chase, resigned
as Portfolio Head, Indain Government (see page 34?.
Chief Archie Pootlass, recently
elected vice-president of the Coastal
Region, has been assigned the Indian
Government Portfolio. Since the
Aboriginal Rights Position Paper was
endorsed, work is beginning implementing Indian Government. Fieldwork will begin in the near future.
INDIAN WORLD 42
FISHING PORTFOLIO
information.
Indian people, through their Indian
governments,
shall decide what
strategy will be used to exercise our
freedom to fish without hindrance or
prejudice as our ancestors did in the
past. Representatives from each
district will be attending a meeting i n
early March in Vancouver. Washington state Tribal Governments will
also be invited to share in their
knowledge and expertise.
PIPELINE HEARINGS
The Kootenay Area Indian Council
has endorsed a resolution directed to
the Pipeline Agency, with copies to
local M L A s , M P s , D I A and the
Provincial Government, urging settlement of all Aboriginal Claims of
Indians in B . C . the Chiefs Council
will be taking this resolution back to
their areas for refinement
and
endorsement.
POLLUTION IN T H E FRASER
RIVER—PUBLIC INQUIRY
Our brief to the Inquiry is now
complete after several months of
work. A n information package has
gone out to all Bands in B . C . The
dates are February 18, 19 and 20th in
Vancouver. Call U B C I C for further
MOSES vs. T H E Q U E E N (1036)
Chiefs Council reviewed the case of
"Moses and others vs. the Queen"
where the Provincial Government
currently states they have the right to
take away up to 1/20th of reserve
land for road purposes, or other
"works of public utility".
Recently, the Lower Nicola Band
lost to the B . C . Court of Appeal. The
next level of appeal would be the
Supreme Court of Canada. Chiefs
council gives their full support to the
Lower Nicola Band. The Moses case
is the only case before the Courts
dealing with the Provincial right to
take back reserve land for road
purposes. U B C I C lawyers will begin
researching and documenting the
material necessary to proceed to the
Supreme
Court
of
Canada.
EDUCATION
Chiefs Council received an update
on the M T A negotiations between the
U B C I C and D I A for an Opting-Out
Clause. The draft has been forwarded
to all Bands. The Opting-Out Clause
will be put in place for only those
Bands who wish to use it.
The M T A stands i n the way of all
Bands who are seeking local control
over the education o f their children in
grades 1-12. A l l special services for
Indian students in provincial schools
comes under the province, not the
Bands, so the Bands need approval
from the province for federal money.
At the moment, Bands have no
control over the education of Indian
children in public schools.
The Opting-Out Clause, as it was
negotiated, would give our Bands in a
legal agreement the same type of
control and
funding
that
the
Provincial Government presently has
under the M T A . This draft of the
clause is a preparation for D I A ' s
negotiations with the Provincial
Government.
Adult Education
Through
the
fourteen
B.C.
Community College programs, the
provincial government and D I A Band
Training staff have been developing
programs and courses contrary to
Indian priorities and policies. The
Colleges A c t says that community
colleges are required to offer the
courses Bands want (provided there
are
enough
students)
without
touching federal money. N o w that
training plans are being developed by
the Bands, we are all haying problems
in getting the funding because D I A
has already spent them on College
people and their own D I A staff costs.
Indian control of Indian education
applies to all kinds of training. The
Education Portfolio would like to
attend as many District Council
meetings as possible, and is working
closely with the Indian Government,
Health & Social Development and
Socio-Economic Development Portfolios on this matter.
K E M A N O II
The Bands in the Coastal area who
would be affected, will be meeting to
decide how to deal with this issue,
and the Union of B . C . Indian Chiefs
will continue to monitor the situation
and will provide information and
assistance on request (see page 38).
N A T I O N A L ALL-CHIEFS
CONFERENCE
A n all-chiefs conference will be
held in Ottawa on A p r i l 28-May 2,
coordinated by the National Indian
Brotherhood, to discuss the Canadian
Constitution, the Indian A c t and the
N I B constitution. Efforts to change
the location closer west have failed.
A t a Secretariat meeting with D I A ,
U B C I C staff presented an estimate o f
expenses for B . C . Chiefs to attend
this conference. Fred Walchli has
promised a reply within 2 to 3 weeks,
so we'll have more information later.
If D I A cannot make the funds
available, Bands and/or District
Councils will have to fray their own
way.
SOCIO-ECONOMIC
DEVELOPMENT
A n update of all socio-economic
activities was presented to Chiefs
Council. Workshops on agriculture,
Special A . R . D . A . and the Local
Services Agreement are continuing.
The Indian Consulting Group has
now been incorporated and has
worked on two proposals: a study on
tourism potential for Indians, and an
evaluation of Special A . R . D . A .
A Forestry Committee has been
set up to develop an Indian Forest
Management program within the
U B C I C . It is open to any more people
who are interested in sitting i n .
S E C R E T A R I A T — G R E A S E TRAIL
A n agreement for "Recreation and
Conservation" is a proposed Federal
/Provincial agreement to be signed by
the end o f March; part of this i n volves tourism in the Grease Trail.
The route will affect at least ten reserves (four Bands of Bella Coola,
Kluskus,
Anaheim
Lake
and
Ulkatcho). Representatives from the
Bands attended the
Secretariat
meeting and stated their positions.
None o f these Bands were involved
in any studies that have taken place
and all o f the Bands strongly oppose
the naming o f this project as the
"Alexander
McKenzie
Trail".
Coastal Indians used this trail when
trading with the Interior for hundreds
of years before McKenzie ever
showed up; the trail is still used. The
four Bands have requested funding to
examine the project, and the Department agreed to arrange this, taking;
into consideration studies completed!
or underway now.
The Provincial/Federal governments were advised again about
Indian involvement. Chiefs Council
supported the four Bands and George
Manuel will be writing to the Minister
to ensure full Indian involvement.
SPALLUMCHEEN BAND
BUDGET
A financial commitment to provide
dollars to the Spallumcheen Band is
being reneged on. The Spallumcheen
Band believes their 1979/80 budget
had been approved and they have
been operating on that basis. The
department claims there was no such
commitment made and therefore
supplied less funds, resulting i n a
deficit to the Band.
Walchli
has
offered
$30,000
towards Education, and i f the Band
can substantiate that there was a
commitment, Walchli will consider
additional funding from the new
year; he has promised that this will
not affect negotiations for next year's
budget and will write a letter to that
effect.
INDIAN WORLD 43
WESTERN INDIAN
AGRICULTURAL CORPORATION
W . I . A . C . have been busy holding workshops on a
regular basis. M a n y o f you may have seen them
advertised here each month. We have had about twelve or
more attend.
Feb. 6
Kamloops
Feb. 7
Merritt
Feb.11
Feb.12
Feb.12
Feb.13
Feb.14
Feb.15
Mt. Currie
Cranbrook
Doig River
Ft. St. John
Coqualeetza
Feb.18
Oliver, Keremeos
Feb. 20
Feb. 25
B. Hall, Creston
Lillooet B. Hall
Feb. 26
Feb. 27
Mar. 6
Mar. 7
Mar. 12
Mar. 13
Mar. 14
Halfway
Halfway
Cranbrook
Cranbrook
East Moberly
East Moberly
Keremeos, Pent., Oliver
Mar. 14
May 13
May 14
Lillooet
Ft. St. John
Ft. St. John
May 13
May 14
Ft. St. John
Ft. St. John
Mar.
Mar.
Mar.
Mar.
Mar.
Mar.
Lillooet
Lytton
Kamloops
Merritt
Chase
Coqualeetza
17
18
19
20
21
28
Mar. 28
Mt. Currie
Range Management
Irrigations
Financial
Management
Financial
Management
Financial
Management
Cow/calf
Books & Fin. Mgt.
Land & Finan. Mgt.
Land & Finan. Mgt.
Land & Finan. Mgt.
Veg. Contracts
Workshop
Workshop
Orchard
Development
Orchard & Veg.
Gardens, Fertilizer
Water
Land & Finan. Mgt.
Land & Finan. Mgt.
Mechanical Wkshp.
Mechanical Wkshp.
Land & Finan. Mgt.
Land & Finan. Mgt.
Equipment
Maintenance
Tree, Fruit Mgt.
W.I.A.C. is holding an eight-week Farm Machinery course
at Spallumcheen
Land Clearing
Land Clearing
Land Clearing
Seed., Garden.,
Preg. testing
Organic gardens
Field crop
Field crop
Field crop
Field crop
A.I.? Home
Gardens, Land
Farm Bldg. Const.
HIGHLIGHTS:
• We had a three day workshop with the Ministry of
Agriculture regarding our Income Budgeting. Workshops were then conducted for our Fieldworkers.
INDIAN WORLD 44
Photo: Faron Jones
Chase
Lillooet
Lytton
Photo: Faron Jones
Feb. 1
Feb. 4
Feb. 5
Band farmers will learn how to maintain and repair their farm
equipment
• We had a joint meeting of A . R . D . A . staff along with
our W . I . A . C . fieldworkers to rectify problems and
establish between us a better working relationship.
We are concluding our Range Study, on the importance
of the cattle ranching industry. A booklet that will be
supplied for your information. Also an in-depth study
will be available by request at the U B C I C office.
• We have bought a Pregnancy Testing Machine which
will be used in the field for custom and sale testing.
• The Mount Currie Dyking project is progressing, but at
present with some small problems to settle.
We will have an office that will be of help to
people in Williams Lake. It will be opening in February,
at the Cariboo Tribal Council office, Williams Lake,
B . C . We invite Band members to come in and visit the
new office there. Our main office will still be at the
U B C I C , 440 West Hastings, Vancouver.
•
HOMES ARE
WANTED
The Bonaparte Family Welfare Committee is seeking
adoptive homes with possible financial assistance for the
following children:
— nine year old boy who has had problems in his early
years requires loving, understanding parents who
would be flexible about what they expect from him. It
would be good to have brothers and sisters for the
boy in this home.
Contact member in charge of this case:
Dianne Morgan
457-6559
Box 669
Cache Creek, B . C .
VOK 1H0
— eight year old boy, ten year old girl, and eleven year
old girl, these three children are from one family and
must be kept together. A l l these children are good,
well behaved with no major problems except some
difficulty in school.
Contact member in charge of this case:
Elaine Herbert
457-6559
Box 669
Cache Creek, B . C .
V0K1H0
Photo: Faron Jones
So W . I . A . C . is in high gear. The most encouraging
thing so far is the amount of response we are receiving
from the people who are coming in to our office at the
union.
These farmers will save money by doing their own maintenance work
SALMON SURVIVAL P O T L A T C H
To A l l concerned Native People
From Cacel'pmac (Fountain People)
A potlatch will be held in Lillooet, B . C . on February
23, 24, 1980. The Potlatch will be put on by the
Stl'atl'eim (Lillooet) people but hosted by the
Cacel'pmac (Fountain People). The Stl'eim drummers
and singers will be the host drum.
The reason for this Potlatch is to gather our hearts,
minds and prayers together in Respect for the Salmon in
their and our struggle for survival. Anyone interested in
attending this Potlatch is welcome.
ABSOLUTELY NO DRUGS OR A L C O H O L .
For further information:
Ginger Alec
Box 1371
Lillooet, B . C . V 0 K 1V0
INDIAN WORLD 45
I THINK...
Joyce Bourassa, originally from The Pas in Manitoba, works
very hard for her people, particularly through the American
Indian Movement. She is a mother of two young children, and
teaches them her beliefs and sets an example by living her
beliefs every day. Joyce travels frequently, meeting with Indian
people throughout North America. In her own words, here is
what she believes:
I have learned that our people's way of life has
homes. We know what alcohol does so our people set
always been in the way of a circle (the sacred Hoop).
up programs to help the alcoholics. Our religion never
Our nations have survived for centuries by living this
died just because they outlawed it. The religion is there
way. From the day we were born to the day we die we
and coming back even stronger. A s for the foreign
carry this on. We are taught and learned from the
governments,
young and the old, and always thought for the unborn.
governments. Today they do rule this country but we
Within our Sacred H o o p are many nations, the
Eagle, Bear, Fish and many others who we have
respected for a long time; the earth our mother who
we
have
always
had
our
own
because we understand their system, our forms of
government will take their proper place in the future.
The foreign governments that rule today do not
gives food and water, and the moon and the sun: we
think o f the future. If they did they would not push for
are all within the Sacred H o o p . We learned to think of
pipelines that tear up our mother earth and take her
the future, not just years ahead but generations ahead.
natural resources. They would not push for nuclear
The white men came over here a long time ago. They
power that endangers all future life. They would not
brought the foreign governments that rule this country
have let the buffalo and wolf nations be slaughtered
today. They saw how and why our people survived.
just because it was a source of food for our people.
They understood this. They knew i f we kept our way
Our people have always thought o f others. That is
of life strong that they would not be able to gain
why they have survived and in return they wanted us
control over this land. So they attacked our way o f
eliminated for the land that we have kept rich and
life. First they outlawed our religion because that is
fruitful in its natural state. They came over to this land
our way of life. They broke up our family circle. The
because their resources were being used up. They
young were put in boarding schools and the old i n
needed our land i n order for them to survive.
homes.
They gave
us
disease
that
wiped
out
communities. Alcohol was made plentiful: they knew
I think of the future. Sometimes it doesn't look so
it would kill our people. They knew that strong people
good but I know it's there. Our old people said it
would be born who would be leaders, so they enforced
would
sterilization on our women. A l l this has weakened our
responsibilities as Indian people. I look around and see
Sacred Hoop, but it has not broken our Sacred H o o p .
my people are as they have always been. We still learn
Over the years we have learned what they have done.
We have taken what they have given and learned to use
always be
there
i f we thought
of
our
and teach from the young and old. Our religion is still
there and our Sacred H o o p is still there.
it. In schools where our young were once forced to go,
There are many Indian movements that are involved
we have educated our people to learn and use their
with our future. I am very thankful for them. I look
ways but to keep our own. Our old are no longer put in
and see their achievements and o f that I am proud.
I THINK Is a new page in the UBCIC News devoted to your opinions. If you feel strongly
about any topic or issue of Indian concern, write it down and send it in with your name,
address and phone number to:
I THINK
c/o Communications, UBCIC
Articles should be no longer than 700 words, and a picture to illustrate your writing would be
welcome.
INDIAN WORLD 46
•
A s a child I am a non person,
Just a property to most,
To others the ward o f parents,
A n d o f teachers and society.
such a state I have no rights.
For I ' m considered to be
In a limited stage o f life
A claim o f authority is placed over me.
N o ultimate destiny have I
For I ' m subject to every
Conceivable form o f oppression.
T i l l I can be recognized
I will not survive.
T i l l I ' m accepted,
Cherished, nourished, protected
and respected,
Adults will witness my dying
A n d wonder where are the children.
By Norman Raven
illustrated by Sarain Stump
ACROSS
1. a cure for Indian people
when they get sick
2. the original people of
this land
3. soaring spirit
4. a way of travelling in
deep snow
5. Indian footwear
6. eatable seaweed
7. leather is sometimes
made from this animal
8. what babies are carried
in
9. bull moose
10. Indian delicacy, it flies
and quacks
11. Indian ice cream
12. Indian bread
13. unique identity, history
of our people
14. place to smoke fish and hides
15. supernatural being without physical form
16. Salish and Cowichan people make sweaters by this
method
17. group o f people with the same crest
18; trout, salmon, halibut, sardines
19. large incisor teeth—trademark on totem poles
DOWN
9. winged animals
15. leather shoelaces
17. badge or spiritual symbol of a family
20. Indian leaders
21. means of travelling in water
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
ceremony given by Indian people e.g. life or death
carved face impression
traditional Indian weapons
another name for leather
common Indian musical instrument
to look
protector of twins, shaggy short tailed animal
container made of woven grass or wood
mammals
food fish with pinkish flesh
small, round and made of glass, shells or wood
messenger of the people
device for catching animals
Indian summer home
INDIAN WORLD 47
RESOURCE CENTRE
We have had a lot o f requests for information on books
for children. Here are four favourites.
Jones, Leanne M .
Hanok
Illustrated by Audrey Y o u n g Oppel
Red Deer College Press, 1977
part o f the visits were when her grandfather wouia
recount old tales and legends which were passed from
generation to generation.
Ahsinee would ask her grandfather a question and he
would answer by telling a story. O n this particular night
she inquires about how humans came to use fire.
Mooshoom (grandfather) tells her the story o f a young
boy (Little Badger) and his quest to help the people of the
village survive the frigid temperatures of winter. During
Little Badger's long journey he faced many obstacles,
these were enlarged by the fact that he was blind.
H a n o k is the story of a young Indian boy who lives by
the sea. H e spends much o f his days gathering foods,
such as fish and other resources which are found around
the village. During the evenings, one of the elders, Nanis,
summons the entire village to hear stories. These stories
appear to have two purposes. One is that they were
Little Badger and the Fire Spirit was illustrated by
enjoyed very much by the people and the other was that David Maclagan.
the stories taught the people a lesson in living i n harmony
This book should prove enjoyable to children o f all
with the world around them.
ages.
Hanok enjoys hearing these stories very much. One
night Nanis tells a story that affects the boy very deeply.
It is from hearing this story that Hanok is able to learn a
Holling, Holling Clancy
very important lesson i n life.
Paddle-to-the-Sea
The book is illustrated by Audrey Young Oppel. The
Illustrated by the author
illustrations are very colourful and attractive. ,
Houghton
Mifflin Company, Boston 1969
Recommended for children from the ages o f 5 to 7.
This series o f stories concerns a young Indian boy who
Simeon, A n n
carves a figure o f an Indian i n a canoe; he names tr
The She-wolf of Tsla-a- Wat: Indian stories for the young
figure Paddle-to-the-sea. In the stories we are told o f the
Illustrated by Douglas T a i l
many adventures Paddle-to-the-sea had during his long
This book includes a short history o f the Indians' and arduous journey, through the Great Lakes to the
lifestyle before and after the arrival o f the white man, Atlantic Ocean. B y overcoming many obstacles and
reaching the Atlantic Ocean he earns the right to be called
plus six short stories.
The introduction is very interesting and useful because Paddle-to-the-sea.
The author also illustrates each story. The illustrations
the reader is given an idea o f how much Indian peoples'
lives were affected and changed by the white man. usually depict Paddle-to-the-sea during his many exciting
Though the information contained i n the introduction is
quite general, it would be an excellent starting point for
young students to learn about the various cultures o f the.
Indian people.
The six stories o f the book are loosely based on
traditional legends o f various Indian tribes found
throughout British Columbia. These stories are presented
i n such a fashion that they will be very popular among
students, regardless of colour or creed.
The book is illustrated by Douglas Tait.
Campbell, M a r i a
Little Badger and the Fire Spirit
Illustrated by David Maclagan
McClelland and Stewart Limited, 1977
In this story we are told the legend o f how humans first
acquired the use o f fire. W e are introduced to a young
Indian girl named Ahsinee. The young girl enjoyed very
much spending time with her grandparents. Her favourite
and often dangerous adventures. Also included with
many of the stories are maps which show where Paddleto-the-sea is situated. So the reader gets a lesson i n
geography, along with extremely interesting stories.
INDIAN WORLD 48
HELP WANTED
ROUND LAKE NATIVE ALCOHOL
TREATMENT CENTRE
DIRECTOR-ADMINISTRATOR
Duties:
To perform duties as outlined by the objectives of the
society.
To plan for and follow policies developed by the board
of the society.
Responsible for the day to day administrative details
within the residential treatment program.
Responsible for developing the program within the
facility in consultation with other staff members.
Responsible for training and staff development.
Trains and designs ongoing staff development.
QUALIFICATIONS
Experience in administrative position with demonstrated abilities.
Supervisory experience in a social or health service
setting.
Knowledge of alcoholism and the treatment process.
Knowledge of a native tongue and of native Indian
culture.
SALARY
$1,750 per month
C L O S I N G D A T E : February 20,1980.
Send resume to:
Round Lake Treatment Native Alcohol
Centre
R R #3, Turner Road
Armstrong, B . C .
V 0 E 1B0
Treatment
For more information phone: 546-9213.
O R D E R F O R M : B . C . Indian Calendar
1980 Historical/Pictorial Indian Calendar
Each: $3.50
Make cheque or money order payable to:
Union of British Columbia Indian Chiefs
Send to:
Attention: Indian Government Portfolio
Union of British Columbia Indian Chiefs
3rd Floor—440 West Hastings Street
Vancouver, B . C . V 6 B 1L1
Name:
Street or Box N o . :
Town or City:
Prov.:
Postal Code:
C O M M U N I T Y BUSINESS T R A I N I N G
Vancouver, B . C .
from February 20
through 24, 1980
a five-day session co-sponsored by C C E C Credit Union
and the New School for Democratic Management,
offering:
MANAGERIAL AND
ORGANIZATIONAL
TRAINING
for
Community Enterprises
Co-ops
Non-profit Organizations
Worker-owned Businesses
Courses will be offered i n :
Financial Development,
Marketing, Planning,
Democratic Management,
Organizational Dynamics,
Management of Co-ops,
and others.
For more information contact:
Community Business Training,
c/o C C E C Credit Union
205 E . 6th Ave.,
Vancouver, B . C .
V5T 1J7
Or phone: (604) 253-3006
(604) 738-2362
INDIAN ARTS A N D CRAFTS SOCIETY
The Indian Arts & Crafts Society of B . C . wishes to
congratulate M r s . Sarah Wesley of Terrace, the winner of
our recent Society 'One Thousandth Membership'
campaign prize. M r s . Wesley was introduced to the
Society by Mildred Roberts, also from Terrace. The
President and Directors of our Society wish to thank all
those who have participated in this campaign as the
strength of our Society can be judged by its membership
of those seriously interested in the Indian Arts and Crafts
field.
We would also like to announce that our Society has a
serious need for finished home tanned hides. Many of
our members who have contributions approved are
unable to receive their kits as we are awaiting hides. We
would o f course be paying the current price available
from other wholesalers. Enquiries can be forwarded to us
at 3309-32nd Avenue, Vernon, B . C . , or telephone collect
at 545-9330.
INDIAN WORLD 49
NORTHERN FERRY SERVICE
DOESN'T SERVE T H E PEOPLE
I'd forgotten what public transportation means in the North—time,
expense, occasionally danger and
often frustration. But a recent trip
from Prince Rupert to Port Simpson
refreshed my memory. Approximately
twenty miles separates the city of
Prince Rupert from the village of Port
Simpson. There is no road (although
various political parties have made
election—time promises regarding
construction of such a road), so the
only ways to travel the distance are by
sea or by air.
In its last year of power, the Liberal
government cut part of its transportation subsidy to B . C . , resulting i n the
was servicing both Port Simpson and
Kincolith: there are now two ferries,
each servicing one village.
L O N G WAIT IN T H E D A R K
Relatives advised me to be at the
dock early, because there were often
more than the quota of thirty passengers standing i n line long before the
ferry was due to pull out. We arrived
at the dock area just after 6:30 a.m.,
an hour before the ship was scheduled
to leave.
Our taxi could not drive all the way
to the wharf, as the road comes to a
dead-end beside the railroad tracks
some distance away. We had quite a
roof. A n d there's little lightning on
the wharf." But at least it wasn't
raining or snowing. It was cold and
dark, though. More and more people
arrived after us, and I had the feeling
not all of us would get on the ferry.
After taking a head-count, though, I
felt assured that my family would
make it.
More cold, more waiting.
A t seven o'clock the crew walked
past us to the front of the line, people
started walking down the gangway
toward the ship, and a crew member
started counting heads. The cold and
the waiting had had their effect on the
people around us, and we found
ourselves being pushed further back i n
line. The cut-off point came just as I
was about to step off the gangway.
There seemed to be a lot of confusion
inside and around the boat. Several
people who had been counted as
passengers were, in fact, only seeing
off friends and relatives. I heard that
there was room for one more passenger, and my brother told me to go
ahead. After taking my seat inside the
ferry, I discovered that there were at
least three empty seats, because of the
miscounting which had occured.
the ferry pulled out twenty minutes
early with less passengers than it could
have, and should have, carried. The
people who didn't make it on board
the ferry were left with the alternative
of hitching a ride with somebody who
owned a fishing boat or travelling by
plane, at a greater cost and on a day
with heavy gusting winds.
AND THE FUTURE?
The water brings both boats and small aircraft to north coast villages, but the That whole experience—of waiting
service is sometimes irregular or expensive'or both.
in the dark and cold, of putting up
loss of ferry service to northern coastal
with no waiting facilities and an
load of luggage and boxes, and
communities. These communities are
inadequate road to the wharf, of being
struggled with them on a narrow rocky
still suffering from this federaltreated like cattle and dealing with an
footpath in the dark until we arrived at
provincial fight over transportation
inefficient system—left me feeling
the wharf. A n d it was already packed
responsibility.
very angry. A n d very sad. Because the
with people! We discovered they
people in places like Port Simpson and
had been standing in the cold since
However, a 40-foot ferry is now
Kincolith continually have to deal
four-thirty. They were so anxious to
making the run from Prince Rupert to
with these inadequacies. Because they
travel by ferry, that they had begun
Port Simpson, while a former
are always the victims of federalstanding in line in the middle of the
Canadian Coast Guard vessel, the
provincial haggling over such essential
night in order to make sure they got
Canadian
III, now services the
services as northern transportation.
on. There were many small children
Nishga community of Kincolith.
A n d because there aren't enough
and babies, as well as a few Elders.
The other alternative to ferry service
official complaints and loud voices o
" W h a t i f it rained?" I thought.
is airplane travel.
objection raised against these inade"There isn't any shelter provided for
On the morning that I was to travel
quate and inconsistent services.
•
the people, not even a lean-to with a
to Port Simpson, the Canadian III
r
INDIAN WORLD 50
In the chapel
I sat cross-legged
U p o n the green-tiled floor
Forming a part
O f the circle of people.
The Ceremony
We were told before we sat
That prayers might be answered
Some soon
Others not.
That there might be
A test first.
H
e began
By taking from a can
I Some fungus to burn.
It smoldered as he waved it
Over his red-blanket,
That held all his things.
Each piece he purified:
A charm first with smoke,
He did the same
To his white eagle-feather.
He waved his hand about his pouch.
A n d then into an abalone shell
To smolder its life away.
From his pouch
He took a stem and bowl;
A l l the while mumbling softly
As his helper drummed rapidly
With head bowed.
With the pipe together
A n d filled with tobacco and bark
He tamped it with a quill.
There was quiet in the room.
We made no sounds
A s he quickly pointed
To the six directions:
To the west: north: east and: south:
To the earth, and: to the sky.
The drum stopped.
A n d he spoke,
"Creator.
Thank you for my heart.''
A n d I cried inside.
Isaac Frank
INDIAN WORLD 51
FIRST C L A S S M A I L
F R O M : UNION OF B.C. INDIAN CHIEFS
440 W E S T H A S T I N G S S T .
V A N C O U V E R , B . C . V 6 B 1L1
THIS MONTH:
At the start of this new decade, O U R I N D I A N
W O R L D takes a long look at what is happening in
B . C . as a result of world panic over energy supply and
transportation. Uranium, coal, gas and oil lie under or
near many of our reserve lands. Supertankers,
pipelines and trains carrying them pass close or
through other Indian lands. In a twelve-page Alaska
Highway Gas Pipeline Supplement we compare Indian
Land Use and Occupancy against the non-Indian land
use and occupancy of the same area. The questions
that arise from other energy projects like uranium
(page 40) and now Kemano II (page 38) expose the
same conflicts of attitude toward responsibility for the
land. The Baker Lake decision (page 9) giving Inuit
hunters and land legal protection from resource
exploration is a landmark in recognising that the fight
for our Aboriginal values is not a hopeless one. We
thank the Inuit Tapirisat for sending pictures of the
Inuit hunters who carried through that victory.
Our strong beliefs in our rights to hunt and fish to
feed our families lead to a constant stream of Indians
through the Courts of B . C . Raymond Bob's hunting
case is described on page 11 and he sent in the picture
for the story. Thanks to Vaughn Jones of Coqualeetza
for sending us the picture of P . D . Peters, a respected
Elder of the Hope Band whose fishing case is discussed
on page 17. The Bella Coola Band writes about their
stand to protect their lands, and especially their sacred
burial grounds, from the insensitivity of a giant
logging corporation (page 33).
The struggle to balance our own values on one hand
against the need to provide employment and good
living conditions for Canim Lake Band members
through a mass of funding and red tape is written up
by Mary Thomas, their Band Planner. Jesse Archie
did a fine sketch of the village (page 14).
Frustrated attempts to visit the United Native Club
at Matsqui began to give us an idea of what our
brothers go through there. Frank Isaac sent us a
collection of poems and we publish one on page 51
that shows his inner Indian strength helping him to
survive. Survival through childhood is expressed in a
moving poem by Norman Raven, a visiting Ojibway
from Manitoba (page 47).
Thank you to everyone who wrote and sent
pictures for the first issue of the 1980 I N D I A N
WORLD.
oy h
EDITORIAL
A little blond-haired freckle-faced kid about nine or
ten years old was throwing rock and sticks at a jelly
fish close to shore. I watched the kid for a while before
I really noticed the look of fear on his face. My
companion remarked how kids these days are getting
to be so violent. Here was a little kid, obviously from
the city, who had never seen a jelly fish before and had
never been taught to respect that living thing. ‘‘Hey
kid,”’ she said, nicely, ‘‘the jelly fish won’t hurt you,
why don’t you leave it alone?’’ But the kid kept trying
to kill it.
Sitting in the comfortable chambers of Ft. St.
John’s city hall, I am reminded of that little kid who
feared, and tried to destroy what he didn’t know and
didn’t love. I am here in Ft. St. John to watch yet
another hearing, this time about the Alaska Highway
Gas Pipeline and the terms and conditions of its
construction. Watching the participants and the
spectators here in the last few days, it hits me as never
before the enormous gap between Indian values and
white values: those who know and love our mother
earth and those who only use her. Ft. St. John is a red-
neck town in the midst of an oil and gas boom. This
hearing has a goodly share of red neck racists who
simply don’t give a shit about what happens to the
land or the Indians. Sitting here in the town council’s
meeting room, I’m not angry, just sad. | remember
another incident:
We were on our way back from Saskatchewan and
we stopped at a public picnic place for lunch. Next to
us were two little old ladies, one with a red wig and the
other with a blond wig. They must have been in their
seventies and their car licence plates showed they were
from Florida. They set out their lunch: ready-made,
plastic-wrapped and bottled food and drink, paper
plates, paper cups, paper table cloth, paper napkins,
plastic knives and forks. And when they were all ready
to eat, the plastic taken off their food, the bottles
uncorked and poured, their plates full and
ready—they sprayed the entire table, their benches,
and the earth beneath them, with Raid ‘‘House and
Garden Bug Killer.”” My mother, who was about to
swallow a fresh sip of tea, gasped, choked, and threwa
cloth over my children’s food. My father picked up his
plate and hid it under his shirt: ‘‘You’re killing
yourselves!’* he exclaimed. ‘‘Oh, no,’’ the ladies
replied, ‘‘we’re killing the bugs.’’ ‘‘That’s the
stupidest thing I’ve ever seen,’’ I said.
Wp here in Ft. St. John, it becomes very clear to me
what we’re fighting every time we go up against
governments and big business who rape our mother
earth time and time again. It is the ignorance and
violence of men who lost their love and understanding
of living things, too many years ago. And those of us
who feel our mother weep, have a responsibility as
never before to protect her or she will die of grief.
The Editor
—
OUR COVER: The children of Halfway Reserve greatly enjoyed the bustle as friends from neighbouring
Bands and the UBCIC came to support their community during the Pipeline Terms and Conditions
Hearings.
CIC
NEWS
VOLUME 2, NUMBER 8
Editor: Beth Cuthand
Written contributions: Mary Thomas, Frank Isaac, George Manuel, Joyce Bourassa, Violet Birdstone,
Darrell Ned, Angela Matilpi, Val Dudoward, Della Wilson, Julie Newman, Derek Wilson, Bess Brown,
Darryl Watts, Louise Mandel, Loretta Todd, Maxine Pape, James Harper, Martin Weinstein, Linda
Jordan, Barbara Kuhne, John Rogers, Willard Martin, Lillian Basil, Norman Raven, and Robert Manuel.
Photographs: UBCIC staff except where credited.
Typesetting: Mary Schendlinger and Penny Goldsmith.
ae
The UBCIC NEWS is the official voice of oa
Union of British Columbia Indian Chiefs.
It is dedicated to building a strong foundation
for Indian Government by providing an awareness
of the political and social issues affecting the
Indians of British Columbia.
Signed articles and opinions are the views of
the individuals concerned and not necessarily
those of the UBCIC.
Assistant Editor: Pauline Douglas —
( TABLEOF CONTENTS |
EE CHLORIAL ere gaveraiarea evel vat ecanigcs! «a 6rela o's acwlele eisiavetetvaley 2 Western Indian. Agriculture Corporation ........... 44
Cut-ottidcands: DIA Charged) ic ioe cne cacao cecies's hm MBER ED Pe rate ioe cet cis, raion a OG aleve eta onc ok ose ipsa door 46
Bresident:s MESSapG secs once sca sos aie e's 6 eee Ee 5: Poem iby Normaty Raven sis: .sujs\sies 5 0s ais yc ace cae im lelp 47
Tax on On-Reserve Electricity is Illegal .............. 7 Indian Government Crossword .........+e+eeeee0e 47
INE WSU ING WSPINEWSiere ale cce tals cra apayeidias a aietereielaie’ale: ca balyls eR ESOULCELCCNETE Shs. Cidtaveiclbcsiary. niciecael3'e: $54.4 ieee: se 48
Baker Lake Decision......... Sc Ce | Aa GB VERE Wanted rs ais ee beter cc ercih: disin ace acpleda stones 49
Judge Narrows Haines Ruling ....................10 Northern Ferry Service Doesn’t Serve the People ..... 50
- The Tribulations of Canim Lake.............. ‘,...12 Celebration: A Poem by Frank Isaac...............51
Up-Dates Boe eae este atin feasts add ids ores oc tlaie teraiecaaecele.(siaioun are Wie 15 In the Northeast ....
Fishing Charges Dropped for P.D. Peters ........... 17
The Right to Grow Up Indian ........0....00e000008 18
Alcohol: Government Program Doesn’t Work ...... 19
P.C. District Stalls Indian Health Talks ............ 19
CU CALIOIN ts cat Ranetteyet eee cabs one a clara ahs allsidh cisydsotarelormyaies 20
Alaska Highway Gas Pipeline bh
SPEClal SUPPlEMIENE 5.0.0)5. 054 ejerelecsee aia slates ratees 21-32
Pipeline sROMMCS ioc ic1as isie'eleisy saw antes 22
; the land andiine People > mg io teen 24
ALeM GINVASIONG ccc caren tees oe earls 25
A Just and Peaceful Solution. ......... 31 .
Burial Grounds are Sacred .................0.045. 33 a
Indian Government Portfolio Head Resigns ...... ...34 >
At Home, By-Laws are Part of the process .........: 35 | rv ™~-
rival’ Cours efits, vincent aku cus epee Ors kon 36 “Sa
Gitskan-Carrier Tribal Council ...................37 ‘on
REM AUIO Pees). cstre Rte MI eeeena cd tes es eras at 38 = i
we
Uranium: Indigenous Peoples’ Reaction Worldwide ..40
Coes COUGH! Ae) ss Pas es. citron cients 42
For now, they live with hope. )
INDIAN WORLD 3
nye ee error
ee ececiaer Das g are
a see that it fs from my land that I
ee ree! ee Me
On December 28, 1979, eight
Bands filed a Statement of Claim to
recover approximately 13,660 acres
of Indian land which had been
forcibly cut off from their reserve
lands by the McKenna-McBride
Royal Commission in 1916. For sixty
years, the Bands fought a conspiracy
of silence between the Provincial and
Federal Governments. Neither could
hide the fact that these lands had been
cut off without the consent of the
Indian people, contrary to the Terms
of Union, the BNA Act, the Indian
Act and the terms of the McKenna-
McBride Agreement itself.
Now the descendants of those Band
members who had refused to accept
the cut-offs made by the Commission
have prepared a Statement of Claim
for the Federal Court of Canada. It
took about twelve years for them to
research their claim and work out the
negotiation strategies. Both
Governments continued to bicker’
over ownership and blamed each
other for their misdeeds.
The action is brought on their own
behalf and on behalf of their Band
members by Joe Mathias and
Squamish Indian Band; Mary Stump,
Alexandria; Arthur Peters, Ohiat;
Murray Alexis, Okanagan; George
Leighton, Metlakatla; Donald
Sankey, Port Simpson; Ron
Derrickson, Westbank and Stephen
Sampson Jr. and the Chemainus
Indian Band.
The action is brought against the
Queen, represented by the Depart-
ment of Indian Affairs. Here is yet
INDIAN WORLD 4
This land belongs to my Chief,
and anything that fs on top of the
Faith
another case where the Department
has to answer to charges of Breach of
Trust, Mismanagement, Fraud,
Negligence, Improper Purpose and
Bad Faith.
CUT-OFF LANDS
DIA CHARGED >
This time it’s Breach of Trust, Mismanagement,
Fraud, Negligence, Improper Purpose and Bad
Shoowahtlans—
Simpson and
Band—196 acres,
16.63 acres, Port
Metlakatla—1 1,662.34 acres,
Westbank—896. 10 acres and
Chemainus Band—109 acres.
SAM PIERRE of the Okanagan
Band
Thig tand, it is true,
‘is my parents, and if it was not
Medeag tapd Kore, U-eoatd tot be
‘90 good:and allve; therefore I
‘hk “Okanagan Band’ lost a
furttier 248 ticres.
(icons >
FOR 60 YEARS, GOVERNMENTS
REFUSED INFORMATION ON
CUT-OFFS.
\ ROE xy
This is all part of the larger issue of
Land Claims. Outside of the Treaty
areas, we have never surrendered,
given away or sold our title to any
B.C. lands and resources. When the
first governor of the colony of B.C.
set aside Indian reserves, he
recognised Aboriginal Rights and
Bands chose their lands.
The Cut-off Lands issue involves
twenty-three Bands and approxi-
mately 33,000 acres of Indian lands
that were cut off from the reserve
lands by the McKenna-McBride
Commission. More Bands will be
joining the action of the original eight
Bands.
The Statement of Claim gives the
legal history of approximately 13,660
acres of Indian land and the struggle
over these lands: Squamish
Band—132 acres, Alexandria—260
acres, Ohiat—588 acres, Okanagan
Before 1871, these lands had been
set aside as Indian lands by the colony
of B.C: B.C. joined Confederation in
1871, and under the Terms of Union
and Section 91(24) of the British
North Act, the Federal Government
had charge and trusteeship of oe
lands.
Almost immediately, differen.
arose between the two governments
about Indian lands.
In 1912, the McKenna-McBride
Agreement established a Royal
Commission to look into the matter.
The Commission had the power to
cut off lands from existing reserves—
with the consent of the Indians, as
required by the Indian act—in those
cases where they considered the
Bands had more land than they
needed. The actions of the Royal
Commission were subject to approval
by both the Federal and Provincial
Governments.
INDIANS TRICKED INTO
HEARINGS
Between 1913 and 1915, the
Commission held hearings with
Bands, and _ several non-Indian
groups. By making it clear that no
land could be taken from reserves
without Band consent, the
Commission was able to get the cr
operation and participation of India:.
people in the hearings.
(continued on page 6)
[ PRESIDENT’S
MESSAGE
aN
The Alaska Highway Gas Pipeline will be the biggest
construction project in history. It will cost over $15
billion to build. For 439 miles it will run through
northeast British Columbia; for 105 miles through
southeast B.C.
Every one of those miles of pipeline will go through
lands used by Indians for hunting, trapping and food
gathering. And every mile will bring more disruption to
Indian livelihoods.
Meanwhile, with all its billions, pipeline development
will bring a.dramatic change for all levels of white society
in Canada and in the United States. A range of
programmes will be developed to make sure this
industrialization happens. These will include Manpower
training, management of huge flows of capital, feasibility
studies for mew industry, development of new
infrastructure, etc.
Already the energy and construction boom is enriching
the lives of the business community around Fort St. John
id Fort Nelson. But the real beneficiaries of multi-
billion dollar pipeline development will be the New York
bankers on Wall Street, the money men in Toronto and
Vancouver, and the Energy Corporations that will
produce the gas in Alaska, move it south and sell out in
the United States.
' The Westcoast Transmission Company will build the
pipeline in the northeast. It will also own part of the
pipeline in the southeast. Their president is E.C. Phillips.
In 1979, according to published information, Phillips was
paid $148,088. That’s not to mention about $45 million
in profits his company clears every year.
Just compare these figures with the average Indian
hunting and trapping income of $3,000 a year and you’ll
see what I’m talking about.
Pipeline development will not bring dramatic
improvements to the people of the northeast and
southeast: it will bring destructive change in terms of
Indian land use.
For example, the miles and miles of access roads built
in and around the pipeline route will open up new areas
to thousands of big-city hunters from Canada, the United
States and other countries. Our badly needed wildlife
resources, fish and food gathering territories will surely
decrease and may even be totally destroyed by southern
hunters, fishermen and tourists.
“ Our country provided wealth to our cultural, social,
economic and political institutions before it was invaded
Indians in South America have long been victims of
extreme colonialisation and oppression. Now the Indians
in northeastern B.C. are fighting their own battle to
survive.
and ruled by the Europeans now known as Canadians.
There was no rich person or group of persons who had
exclusive claim to the ownership of the land. Land was
the property of all the Indian people. Those who used it
did not do so because it was their property. They used it
because they needed it. It was their responsibility to use it.
carefully and hand it over in grand condition for use by
Suture generations.
Life was good, strong—our people had pride in the
values of our civilization. It was possible for a man to live
with his family and relatives because wealth belonged to
the family as a whole; every member of a family had the
right to use family property. No one used wealth for the
purposes of dominating others. This is how we lived as a
nation of people. This is how we want to live. This is
what we mean when we talk about having our own Indian
Governments.
We want to recover and rebuild the Indian lands and
institutions that are being systematically stolen from us in
blatant acts of genocide by the bankers, the energy.
corporations, and the Provincial and _ Federal
Governments. i
We know our Indian people’s traditional land use base
is going to be destroyed by the pipeline. We also know
that political activity, through acceptable channels, is no
longer effective—or is minimal at best. The public
relations form of demonstrations has become totally
useless. We must examine other alternatives that will
ensure co-operation from the corporations and
governments who promote the construction of this
pipeline.
Yours in struggle,
Mariage Wiad
INDIAN WORLD 5
(from page 4)
Minutes of each hearing were
recorded by the Commission but DIA
has lost many of the transcripts.
In 1916, the Commissioners
recommended that certain lands be
cut off from existing reserves. After
this report had been received, the
DIA agreed that it must, and it
intended to, get the consent of the
Indian people for the cut-offs.
According to the B.C. Government’s
Indian Affairs Settlement Act of
1919, B.C. agreed to carry on those
negotiations with Canada or the
Indian people. In 1920, however, the
Federal Government passed the Brit-
ish Columbia Indian Lands Settle-
ment Act, which authorized the cut-
offs without Indian consent in spite
of the Indian Act, and a settlement
with the Provincial Government. In
1923 and 1924, each of the
governments approved the Royal
Commission’s report as the final
settlement of Indian lands in B.C.
_
( Chief Joseph of of Port Simpsaa.
Gand said:
“We are sprry that we expected
to go more fully into the land
tion, but seeing that they are not
empowered to do. so, It would be
| useless. ..to say: more.’
yet the McKenno-McBride Corn-
mission mde ‘four cut-off> total-.
ling over 11,000 acres.
e ay
GOVERNMENTS FIGHT OVER
INDIAN LANDS
Canada provided no compensation
for the lands and has never given
formal notice of the cut-offs.
Between 1925 and 1966, the Bands
were never able to get information on
the status of their cut-off lands.
Finally, in 1967, the Squamish Band
got hold of detailed information
about the McKenna-McBride
hearings. When representatives of the
Squamish Band _ brought _ this
information to the attention of the
INDIAN WORLD 6
Minister of DIA in 1969, his reaction
was that the action of Canada and
B.C. in cutting off these lands was
‘tthe worst example of improper
taking of Indian lands he had ever
heard of.’’ He asked that further
research and documentation be sent
to him as Canada ‘‘had an obligation
to right this wrong.’’ The B.C.
Government was informed that the
Squamish Band had a claim to the
unused areas of the lands cut from
Capilano #5. A meeting was arranged
between the three parties in 1970; the
Squamish Band was offered 50% of
the cut-off land in return for the
release of their entire cut-off lands.
They refused.
In 1971, the Commissioner of
Indian Clams was told to look into
the. Capilano cut-offs. He
recommended Canada start
negotiating with the Squamish Band
and to leave other claims alone until
the Bands presented their own claims.
The DIA stated it was going ahead to
get the lands cut off from Capilano
back from B.C. Nothing happened.
Four years later, representatives
from the eight Bands involved in this
action agreed to sit on a joint Indian-
B.C. Government committee to look
into the cut-offs question. They were
also asked to make recommendations
on what cut-off lands should be
returned and what “compensation
should be made. On September 11,
1975, the Bands were promised, in
writing, that the B.C. Government
was ready to restore 114 acres, as a
symbolic gesture of good faith.
Three months later, the
government changed hands. The
Bands never received any of the 114
acres, and in fact
Government cut off the joint Indian-
B.C. Government hearings into the
_ cut-off lands. They said they first had
to get the Federal Government’s
formal commitment to a settlement
and their formal commitment to bear
the brunt of compensation. One year
later, in March 1977, the Bands were
told that three-way negotiations were
to be started, to work out how the
land would be returned, and what
other land and monies were to be paid
to the Bands for a full and final
settlement of the cut-offs question.
Negotiations started, but neither of
the governments was really prepa ~}
to deal with their major obligations .«
satisfying the Bands’ cut-off claims.
Te ia
The eight Bands claim that the
actions of the DIA under the British
Columbia Indian Lands Settlement
Act, were not within its jurisdiction in
that they were in breach of Canada's
constitutional obligations. They say
that the DIA, by its inaction in not
informing the people, and in not
getting back the land or
| compensation since 1916, continues
to be in breach of its trust. The DIA
first failed to get title from B.C. for
the land, then failed to protect the
rights of Indian people to their lands;
failed to protect sub-surface rights,
failed to get Indian consent to surren-
der the lands, failed to ensure any
compensation, failed to evaluate the
land, failed to keep proper accounts |
of the transactions, failed to tell the
people what had happened until 19¢°
failed to tell the people of any way -
recovering land and compensation.
When DIA officials finally agreed
that lands and compensation should
be returned, they didn’t do anything
about it. The Bands claim that the
British Columbia Indian Land Settle-
ment Act of 1920, S3 is null and void |
the Socred ©
Gee the cut-off lands.
Having failed to get any
satisfactory action from _ the
governments, the Bands took the
issue to Court. They want the Court
to restore those cut-off lands and
where the land cannot be returned, to
order compensation of an amount
that will enable each to replace this
land; to order compensation for the
loss of the use of the lands over the
years; interest, damages and costs,
and a declaration that the Province
should hand over the title,
management and control of all these
lands to the individual Bands. Th
Bands are now awaiting the—~
government’s response. ®
Because of a recent court decision,
Indians living on reserves in B.C. no
longer have to pay the provincial
Social Service tax for electricity pur-
ised from B.C. Hydro,
Chis victory came after Lillian
Brown, an Elder of: the Skidgate
Band on the Queen Charlotte Islands,
sued B.C. Hydro and the Attorney
General in a class action which
challenged the right of B.C. Hydro to
charge her a tax on the electricity
delivered to her home on the reserve.
The action began when she said that
Hydro had no right to charge her a
$4.38 sales tax on a $66.88 bill late in
1976. She brought the case to court
on her own behalf and that of all
B.C. Indians living on reserves in
B.C. Her defence was Section 87 of
the Indian Act which states that
neither Indians nor Bands have to pay
taxes on personal property.
Lillian Brown lost the case in the
B.C. Supreme Court, May 3, 1978.
However, she appealed the decision
to the Court of Appeal and won the
case December 4, 1979. In _ his
decision in the B.C. Supreme Court,
“he judge said that although
.ectricity in a person’s own home is a
personal property, it isn’t the kind
suggested in Section 87 of the Indian
Act. However, the judge presiding
over the appeal court found this
decision incorrect. He stated that in
this day and age electricity should be
considered as personal property and
that it should therefore come under
the jurisdiction of the Indian Act.
Another argument given was that
because the tax had been imposed
after the creation of a Provincial Tax
Act, Section 87 of the Indian Act
should take second position to the
provincial legislation. The court
decided that the Indian Act should
take precedence over provincial law.
Although the case can -still be
appealed to the Supreme Court, as of
press time there had been no move in
this direction. Therefore, says a
UBCIC lawyer, the decision is now
the law of the land. The new law is
hat Indian people on reserves in the
province need not pay the sales tax on
their electricity bills.
ELECTRICITY TAX
ILLEGAL ON-RESERVE
Lillian Brown won her battle in the courts to prove that B.C. Hydro had no
right to charge tax on electricity bills to on-reserve Indians.
George Manuel, President of the
UBCIC, said the Union has sent a
letter to B.C. Hydro to begin
calculating the money it owes them.
Hydro said it has passed the letter on
‘to the Attorney General. =
Manuel said that if the case isn’t
appealed, B.C. Indians may take one
of two actions. One is that the Union,
Districts, Bands or individuals may
claim back-taxes from B.C. Hydro,
dating back to the 1940s. The other
way Indian people may go is to
request that the back-taxes be put
into a trust fund which would be used
for social development of Indians
across the province. Manuel added
that should the provincial govern-
ment recognize Aboriginal Rights,
the Union would be prepared to drop
the claim for back-taxes.
“If the B.C. government refuses to
cooperate with us, the other
alternative will be to sue it for the
illegal taxes they’ve taken from
electricity bills,
Indian people. We’ll demand that the
courts prosecute the provincial gov-
ernment or impose a fine.’’
He said the Union would like
direction from the Bands on what
steps they would like taken. There
have been hundreds of phone calls
concerning the case, so the Union will’
be sending information sheets to
Bands. By not paying the sales tax on
Indians will be
lending political support to the case.
B.C. Hydro has stated that because
of their system of computers used to
calculate bills, the sales tax will still
be included in electricity bills.
However, they have been instructed
not to take action against those
refusing to pay the illegal tax.
George Manuel urges all Indian
people to send a letter of appreciation
to Lillian Brown, c/o the Skidegate
Indian Band, Queen Charlotte
Islands. , tees
INDIAN WORLD 7
NEWS NEWS NEWS |
FORT NELSON GAS AGREEMENT
On January 7, 1980, an agreement was signed by the
Federal Indian Affairs Minister and Attorney General of
B.C, which gives the Fort Nelson Indian Band half the
revenue from natural gas found beneath Fort Nelson’s
reserve land. This is the first revenue sharing deal of its
kind in B.C. and compensates for gas drilled since 1961.
The Band has received $12.5 million to compensate for
revenue they should have received twenty years ago and
they are expected to earn about $300,000 a month while
their wells continue to produce.
The money will come in handy to pay off old bills and
pave the roads on the reserve. Chief George Behn says his
priority for the Band is a new water supply system to
replace*the wells used by thirty five families. The Band
also wants to install a new sewage system, build more
houses and provide indoor plumbing to the twelve to
fifteen houses that don’t have it. The Band already owns
30% of Tackama Forest Products in Fort Nelson.
As trustees of Indian land, the DIA now has to get this
agreement ratified in Parliament within the next two
years,
TAX EXEMPTION THREATENED
Correspondence dated October 12, 1979, between the
Secretary of State who is also Chairman of the Cabinet of
Native and Social Affairs, the Minister of Indian Affairs
and the Minister of National Revenue, shows the
Conservatives will not recognize tax exemption for people
under the Indian Act, even if that income is earned on
reserve. They will eliminate our Aboriginal or Treaty tax
exemption rights that we have had under every Federal
Government since Confederation. The Conservatives were
ready to terminate tax exemption from December 31,
1979.
THE YOUNGEST TRUCKER
Addie Williams from Mt. Currie is the youngest person
in Canada to have received her Class | driver’s license to
drive 18 wheeler trucks and buses. She turned 19 on
December 23, 1979 and received her license on January 2,
1980. Now she’s looking for a job. |
Lisa Nelson, Faye Nelson and Elvin Nelson from Mt.
Currie also received their Class 1 driver’s license. They all
took driving lessons at McKinley Driving School in
December.
INDIAN WORLD 8
ALASKA OIL: VIA NORTHERN TIER
The All American Northern Tier Tanker/Pipeline pro-
posal priced at $1.23 million has been approved by
President Jimmy Carter.
The Tier plan involves moving oil by tanker from
Alaska down our B.C. coast to Port Angeles,
Washington. The process carries on by land-pipeline
from Port Angeles to Clearbrook, Minnesota.
Supertankers are already carrying Alaskan oil down
the coast to U.S. west coast ports. One change is that
tankers now headed to the Panama Canal will come into
the Strait of Juan de Fuca and unload oil at Port Angeles.
This causes a great risk of an oil spill to our B.C. coastal
water and, most importantly, threatens marine life.
SALMON EXCHANGE
Nineteen Indian Bands on Vancouver Island received
30,000 coho, 1,475 chinook and 950 chum salmon from
the big Qualicum River salmon enhancement project near
Qualicum Beach last year. The Qualicum Band collect~.
}
the salmon which are not required for brood stock an
distributes them to South Vancouver Island Bands. In
exchange the Bands forego their traditional rights to fish
their own traditional fishing streams.
The spawning channel incubation unit in the rearing
channels at the big Qualicum Project produces millions
of young salmon every year, and regularly more spawners
réturn to the facilities than are required to produce the
next generation. The Indian traditional river, on the
other hand, produces smaller numbers of fry and a higher
percentage of these natural traditional salmon runs are
fished by commercial fishermen. The agreement to use
big Qualicum fish in exchange for Indian food fisheries
on nearby Indian traditional fishing rivers works to
maintain the natural stocks of salmon for commercial
fisheries.
LATE FLASH! HEARINGS DON’T STOP PIPELINE
While the north-east Terms and Conditions Hearings
continue, Foothills Pipe Lines has announced that it will
begin initial work on part of the Alaska Highway natural
gas pipeline without regulatory approval for the project.
This work in southeastern B.C. and southern Alberta will
involve purchase of equipment and obtaining rights-of-
way.
In November, 1979 the Federal
Court of Canada, Trial Division,
came to a Decision in the case of
Baker Lake, The Inuit people sued
the Federal Government and six
\ adian and foreign mining compa-
nies. They were asking the court for a
declaration that they had Aboriginal
Title to lands in the Northwest Terri-
tories of Canada, including approxi-
mately 75,000 square kilometers
around the Community of Baker
Lake. Certain mining companies
joined in the action with govern-
ments.
Earlier the Inuit had been success-
ful in getting the court to grant an
interim injunction against the Mining
exploration: they now brought the
action to permanently stop the
mining exploration in the Baker Lake
area. They claimed that the mining
operation was depleting the cariboo
herd which they relied on for their
food.
The Court also had to decide
whether or not the Inuit people had
Aboriginal Title to the Land. If they
r~“ not have any title to the Land
\..-A the Court would have no legal
basis upon which to grant the injunc-
tion,
The Courts have said that in order
to establish Aboriginal Title in a
Court of Law, the Inuit people must
establish that they and their ancestors
were members of an _ organized
society. They must establish that they
occupied a specific territory over
which they assert Aboriginal Title.
They must establish that they occu-
pied their territory exclusively and
that they were in fact occupying that
territory at the time sovereignty was
asserted by England.
To prove Aboriginal rights, the
Inuit brought to the Court an enor-
mous amount of evidence to establish
that they were the original people in
the area. They had a particularly
difficult time because there was very
little archeological evidence: snow
houses leave no ruins and...most of
bir tools and weapons were made of
local materials.
@
wa
=
a,
S|
i
3
&
OQ
tes
ra
Oo
g
°
=
fa
Ice-Home on the outskirts of Baker Lake
Old maps, documents, journals
and Treaties were admitted in evi-
dence, revealing how non-Indians
coming into the area in early settle-
ment times saw the Inuit.
Inuit witnesses recalled life before
non-Indian settlement came into the
area. Elders told the Court how the
Inuit had hunted cariboo in small
camps of two or three families. They
told the Court that the Eskimo people
did not claim or recognize exclusive
rights over a particular territory.
They all used the land for survival
and because the land was so harsh
IT’S HARD TO PROVE THE
EFFECT OF MINING ON
ANIMALS
A very important part of the case
involved the Inuit people being able
to prove that the mining exploration
hurt the caribou herd. The Inuit
people put their best witnesses on the
stand to establish the stress that the ~
mining operations have caused and
they demanded a great helpfulness
towards each other. The Court was
also told about the caribou. The cari-
bou provided the necessities of life—
food and clothing, and shelter in the
summer.
The Court was told that the
people’s entire life centred around the
movement of the caribou.
ABORIGINAL RIGHTS TO
TERRITORY PROVED
The most crucial findings of the
Court were findings that the Inuit
people had Aboriginal Rights to their
territory. The Federal court sided
with the Judgement in the Calder
Case which recognized Aboriginal
Rights and went on to recognize the
Aboriginal Rights of the Inuit in the
area. The Judge also found taht the
would cause to the caribou herds.
However, scientific knowledge was
lacking to conclusively show that the
mining operation endangered the
species. The court concluded ‘‘the
harrassments that may arise from
mining activity beyond their explor- |
ation stage might well be sufficiently
sustained to result in behavioural:
changes detrimental to the hunt. But
the evidences simply does not submit
a meaninful finding on this point.’’
This finding by the Judge was a
crucial one. Because the Court could
not say for sure that the herds would
be damaged by the Mining explora-
tion, the Courts denied the Inuit their
injunction. The Mining companies
could continue to explore so long as
they did not endanger the herd. At
the point when the herds were
endangered, and the Inuit could
prove it, the Court would look at the
INDIAN WORLD 9
question again.
Government had not passed legi-
slation which extinguished Aboriginal
Rights. He concluded ‘‘the plaintiffs
are entitled to a Declaration that the
lands described and used by the Inuit
as subject to the Aboriginal Right and
Title of the Inuits to hunt and fish
thereon.”’
JUST AS KEEN AS COMPANIES
TO PREVENT RECOGNITION
OF ABORIGINAL TITLE
It is interesting to notice that in the
Baker Lake Case, the Inuit people
had to sue the Department of Indian 3
Affairs for the Declaration. In fact, ‘©
the Government of Canada played a &
more active role than the mining com- 3
panies in trying to persuade the Court =
not to recognize Aboriginal Rights.
Before the trial had begun, the
Government admitted that the Inuit 3|
and their ancestors had occupied and ;
used the Baker Lake area since time 8
immemorial. Once the trial proceeded ™
and the Government saw that the
admission was important for the
Court to determine Aboriginal
Rights, they tried to withdraw that
admission at the close of the
evidence.
LIMITING ABORIGINAL
RIGHTS?
Last week the Mining companies
brought an application the the
Courts, trying to get the Court to
limit the Courts recognition of the
Aboriginal Rights. The Mining com-
panies had been given a licence to
explore and they were worried that
once they found minerals they would
not be able to mine because the Inuit
people’s Aboriginal Title would block
that development.
MINING COMPANIES REFUSED
“IN” TO INUIT LANDS
They went back to the Court to try
and get the Court to say in its order
that Indian people had Aboriginal
Title ‘‘without prejudice to the
Mining Companies’’. The Depart-
ment of Indian Affairs joined with
the Mining companies and asked the
Court to even go further and rewrite
the part of the Decision where the
Judge recognized Aboriginal Rights
to say that the Aboriginal Rights were
INDIAN WORLD 10
Cliff Gazee,
John Killulark depends on caribou
for his family.
without prejudice to the mining com-
' panies. Judge Mahoney threw out the
application of the Government and
the mining company.
TITLE ALONE IS NO
PROTECTION
Baker Lake is a clear recognition
by the Courts that Aboriginal Title to
that area exists. It is important
though, to remember that the word
**Aboriginal Rights’’ is a non-Indian
legal term. Within the legal system,
Aboriginal Rights means simply the
right to use the land subject to non-
Indian encroachment, Aboriginal
Rights, as defined by the non-Indian
courts, do not recognize the jurisdic-
tion of Indian people to protect their
land against encroachment.
Indian people can use the Court’s
recognition of their Aboriginal Rights
to achieve full Indian Government.
The Baker Lake Case is a good
example. The Inuit people were
successful in actually stopping mining
operations for a period of time in the
North. They have been given a legal
hook by the Courts now which allows
them to continue to bring appli-
cations to Court to possibly stop the
Mining companies in the future. The
Inuit now have something which the
Government and the mining compa-
nies want very badly and that is the
freedom to develop this nortt
mining operation without be. ug
hindered by the Inuit. The Inuit
might take this opportunity now to sit
down at the bargaining table and ne-
gotiate full Inuit government in
exchange for permitting certain
mining to take place in their area
without objection. °
JUDGE
NARROWS |
HAINES
RULING
On January 16, 1980, two hunting
cases were heard before Judge Barnett
at the Alexis Creek court. The first
case was Raymond Bob’s of
Anaham. He was charged by conser-
vation wild life officers for shooting
moose and grouse out of sea:
without a permit.
The wild life officers were apparen-
tly tipped off by a telephone call. They
left in their patrol car to investigate.
Not long after, they stopped a vehicle
with three passengers, one identified
as Raymond Bob. In the back the wild
life officer noticed a hind quarter of
meat and later found six grouse. The
officers realizing there was just one
quarter of the moose meat asked
where the other three quarters were
and were told “‘It’s still in the bush.’’
The conversation took place where
Raymond was stopped.
The officers had given him no
warning as to what his rights were. A
person should be told they don’t have
to give a statement to an officer, but
this was not the case for Raymond.
Upon the conclusion of the question-
ing between Raymond and the wild life
officers. The moose meat and grouse
were removed from Raymond’s
possession. The wild life officers te ©
Raymond he could pick up the meat...
the office.
a
photo: courtesy Raymond Bob
ees = 7 Se
Raymond Bob was hunting on reserve: his case is held over while wildlife
lawyers figure out the charges.
ie. pis ‘- pr ee kh
Sg ts a es te th
A E ae f in) a f ’ "
- al |
al ee)
s
f, By ae ; ei
Ps " .
F i we w=
The wild life officers could have
easily cut the small piece of meat they
»ded for evidence right at the scene
vut mo, they used the time Raymond‘
had on that Sunday to get a sworn
statement from him.
In the court the UBCIC advisor
argued that the wildlife officers had
used the promise that Raymond would
get his meat back to get his statement
on the scene.
There is in existence a new policy
regarding hunting regulations which is
now somewhat changed from the old
one. The old policy was still in use in
the Haine’s case. It was just recently
that the new policy was introduced.
On January 8, 1980 the new policy was
explained to eighteen Band councillors
in the Williams Lake area.
On January 14, 1980, hunting
permits were issued: of the twenty-
seven, only one was known to be given
in the area of Alexis Creek/Anaham.
~™t seems that this area had been
_gnored during the giving out of
hunting permits.
The Judge asked the officer ‘“The
old policy was that nobody in the area
was given a permit, is that correct?”’
The officer replied: ‘‘I don’t know. I
wasn’t in the area at the time.’’ But
Officer Madley had been stationed in
the Alexis Creek area for the past two
years.
As it turned out, it was discovered
that the moose and grouse had been
shot on Indian Land. This was only
discovered after Raymond had
pointed out on the map the location of
the shooting, near Stum Lake.
It was quite evident that Raymond
Bob is a hunter and has been one most
of his life.
The crown was surprised that the
area the moose and grouse were shot
on Reserve Land and they asked for
more time to study the fact that it was
on Indian land and to argue the point.
The decision was put over to March
24, 1980 to give the lawyers more time
to put their arguments in writing. Oh!
by the way the wildlife officers
offered to return the six grouse which
should have been returned the same
time as the moose meat: Raymond
Bob had already left.
The ‘second case heard Donald
Haller of Nehemiah Valley Reserve. He
was charged for shooting moose out of
season. On September 13, 1979 wild
life officer Madley was on patrol when
he came across the camp of Donald
Haller where he found a raw bull
moose hanging on a rack. He
approached a lady, asking the where-
abouts of the owner. Donald was
found down the road aways with his
son chopping wood. Donald was told
to come back to his camp with the
officers, who then asked where the
moose was shot. Donald replied: on
the north side of Tsinsh Lake. He had
thought it was opening season, and he
had shot the moose because of the high
price of store beef. Also, at the time,
they were in need of the meat. ‘‘I only
see the time to hunt when | am in need
of meat. At the time I did have food
available, but no meat.’’ Donald’s
camp is located on Indian land but
where he shot the moose was not on
reserve land. The wild life officer had
given him the rules and regulations of
hunting, a booklet Donald had never
seen before. Donald commented on
why he had gone hunting that day he
was charged. ‘‘My stepfather is
around fifty, and he too hunts when
the meat is needed. He had told me the
hunting season was open, so I just
went ahead.’’
The UBCIC lawyer brought up the
Francis Haines case: ‘‘Indians have
the right to hunt anytime of the year
according to the Haines case.’’ Judge
Barnett explained the reason of the
Haines case saying ‘‘The Haines case
cannot be used for every situation
where an Indian is charged with an
offence under the Wild Life Act.’’ In
the Haines case he was doing
something he has done all his life, and
he had the rights to hunt.’’ He goes on
to say on Donald Haller’s case *“‘The
fact is, he says his camp is on Reserve
Land but he’s charged for possession
of moose without a permit off
Reserve.’’ The Judge held the fact that
Haller thought it was open season was
no defence. He was fined $25.00 9
INDIAN WORLD 11
THE TRIBULATIONS OF
CANIM LAKE
The Canim Lake Indian Band
consists of 318 people of the Shuswap
Nation. The main village is located
approximately 20 miles east of 100
Mile House in the Southern Cariboo.
During the past few years the Band
Council has made great strides to take
over the planning and management of
our own affairs. The Band Council
has placed an emphasis on involving
Band members in the programs and
services of the Band.
Band members have always been
employed by the forest industry in the
past. When the sawmills in the area
closed, a lot of our Band members
INDIAN WORLD 12
became unemployed. There have
been a few logging contractors
around our area but these contracts
are only short term. Trapping was
also important in the past. With
conventional logging, a few of the
traplines were ruined.
MAKE-WORK PROGRAMS
The Band has had to resort to short
term ‘make work’ programs. A lot of
our Band members have lost their
pride and self-respect, which has led
to social problems such _ as
alcoholism, disinterest, lack of
initiative, despair, etc. It appears to
by Mary Thomas, Band Planner
be a dim picture, but our people are
slowly pulling ourselves together.
Our major problems are in the
areas of economic development,
education, housing, recreation and
our Indian culture.
BAND CONTROLLED PROJECTS
The Canim Lake Band has clearly
stated a long-range goal of making
greater our community self-reliance
and economic independence through
full and meaningful employment in
projects controlled by the Band.
To reach this goal the Band has :
up the following objectives:
i
1. Continue and expand our own
forestry operation to provide for a
total of 80 jobs by 1984;
2. Carry out an integrated resource
_management program within certain
ds close to the reserves;
3. Vary our economic base into
other resource related activities.
Our Band plans to go into such
economic development as: agricul-
ture, guiding, trail rides and tourist
development, co-op store, commu-
nity centre and community and re-
source planning, as well as all the
training involved in projects.
A Band can plan themselves to
death and sometimes things don’t
always work out! This is the case with
some of our projects.
COMMUNITY STORE: FUNDING
DELAYS RAISE COSTS
The Band has been planning the
store since 1977. We have had serious
delays with the funding sources.
While we were waiting for a decision
from Special Arda, the Canada
Works funds ran out. Then because
of government policies the Band
cannot have a post office in the store.
Our Member of Parliament has been PP"
trying to do something about this but
now there is delay because of the —
upcoming elections. Special Arda has
stopped funding until we secure the
post office or until we can show that
the store will be profitable without
the post office. First Citizens finally”
reviewed our application on)
September 11, 1979 after it was sent
to them during the month of October,
1978. The foundation for the store
has been constructed and now the
project has stopped til funding is
secured again. Since 1977 the cost to
build the store has gone up about
$20,000.00, because of rising costs
each year.
COMMUNITY CENTRE
The Band has been trying to get a
community centre since 1974,
Funding has been approved from all
of the funding sources except the
B.C. Recreation Facilities Assistance @
Program. The working drawings were = ee
near completion. B.C. Recreation |)" = am
told us in April 1979 that our ===
application was going before the
review board and that we should have, =) >
=
S Anis ae bees
Band control of Education is a critical
' A Band Planner’s headache: juggling several funding proposals to complete
one project so that the right money comes through at the right time.
issue right now.
a decision the second week in April
1979, About every week or so we kept
in touch with them directly or
through our MLA to find out if they
had reached a decision.
Finally in December 1979 we
received a notice from them that our
application was rejected, but they
would consider funding a smaller
facility. The architect rushed to finish
the foundation drawings so the
_ foundation could be complete before
the freeze as we have such a short
building period when the weather is
suitable. Meanwhile the Band hired a
cat to excavate for the foundation.
Because our application was rejected
the Band has gone to a considerable
expense for nothing. What are we
going to do with a $5,000.00 hole in
the ground? At a previous Band
meeting the Band members were all in
favour of going ahead with the
project. How do you think they feel
now? We have to start all over again.
INDIAN WORLD 13
oe =
oe oe
Chief Roy Christopher discusses Band forestry developments that would mean jobs for Band members.
NO WATER FOR SIX MONTHS
The Department had suggested that
a 10”’ well be drilled at the base of the
mountain and water pumped up to
the lower reservoir (to provide fire
protection). Also a relay pump was
needed. in the village to provide
pressure to the Band Office, store,
etc. In the meantime the Band was to
keep the dam clean twice a week. The
pumps and pipes didn’t arrive.
The Band houses were out of water
most of the time from July to
November 1979. The Department had
been down and looked at the
situation. A project authorization
‘had been approved by District for
major repairs to community water
systems as required. The water
problems were to be rectified in early
September 1979.
Our MP said that had he known
about our problem he could have
taken action. After weeks of
consulting with the Department a
contract was made with a hydrologist
and a well driller. The pump was
INDIAN WORLD 14
and meaningful
installed, the pipes put in place and
the Band got water on December 9,
1979.
We will continue to pursue our.
plans for community self-reliance and
economic independence through full
employment in
projects controlled by the Band.
Hopefully everything will work out
- better in the future. The main thing is
that we have not given up just
because a few challenges were thrown
at us.
DIA WAITS FOR WATER CRISIS
BEFORE ACTING
The Band has been needing a new
dam at our only water source for
quite a few years. A design has been
awaiting approval from the Water
Right Branch for two years now. We
have also made requests to our
District Office to have studies done
on the existing water system and a
future water system, whereby our
Band could prevent future problems.
The Band waited and waited and
nothing was done until the problem
became so critical where we we
actually out of water and at least hai
of our population were getting sick
from the water sources they had to
resort to.
The Band members had to get
water from Bridge Creek which is
polluted. Serious health dangers
in cooking, in the drinking water,
housekeeping, bathrooms, and
disease (Shegalla) resulted. It was an
enormous inconvenience to the
handicapped, the sick, the Elders and
the children and babies at the reserve.
It was an inconvenience to those who
rely on garden products for winter
food. It resulted in higher living costs
because the people had to start
buying prepared foods, and bringing
their laundry to town. Businesses
were affected, such as the medical
trailer, foster home (six children),
daycare centre, and the Band office.
Our new projects were affected, like
the new housing and the new school.
The Band had no fire protection 2
all. .
o —UP-DATE
HEALTH INQUIRY
The health problems facing Indian communities such
as Alert Bay are not new. The Federal Government is
responsible for delivering health care to Indian people in
B.C. for many years but tuberculosis is still ten times
that of non-Indians. Infant mortality is more than
double.
Why do the problems and such terrible figures persist?
The people of Alert Bay have finally got funding for an
inquiry to study these questions. The UBCIC Health
Portfolio will be carrying out an in depth research project
into health statistics dating from 1921.
The Kwawkewlth District Council will also be doing
their own report on existing health services. Their most
accessible data will be presented on the Sth, 6th, and 7th
of February, 1980 in Campbell River, B.C.
The Co-ordinator, Ernie Willie, said: ‘“What we want
when it comes down to an inquiry is not only to look at
what’s happening in Alert Bay. What is hoped for is a
better delivery of health services generally. Ultimately
what I would dream of coming out of the inquiry would
be a better appreciation of what health care should be
‘ailable to our people. —
‘* _,We also have to look at the other areas, such as
mental health and how people are affected by the
environment.”’
The Alert Bay region will be doing their own
community profile report on existing health services
available to them.
The first meeting in Campbell River will be to discuss
the terms of reference report with appointed
commissioner, Dr. Gary Goldthorp, and to lay out the
plans for the inquiry. The terms of reference will cover
the state of Indian Health in the regions, the root causes
of health problems, the development of an Indian health
policy in the Province, and the future direction of that
policy.
The people of Gold River, Alert Bay, and assessible
North Island areas hope to hold inquiries in each of their
communities. They want as many people as possible to
appear before the inquiry and make their own
presentations on health care services.
The Kwawkewlth District Council should be receiving
consultation funds through National Health and Welfare
for the Health Inquiry. Dr. Goldthorp will hear all the
evidence given in the inquiry to determine and prepare a
report for the Kwawkewlth District Council.
Letters will be going out to the Bands to give exact
dates of the hearings.
LOCAL SERVICES AGREEMENT WORKSHOPS _
Since early November, the Union staff assigned to
negotiate the Local Services Agreement with DIA have
started in our turn to relay all the necessary information
to the Bands. We are doing this through workshops.
Various portfolios have also contributed to an
information booklet on the LSA which is becoming an
item in large-demand. We have already conducted with
shops with eight Bands and the whole effort seems to be
fruitful and timely, giving the Bands a better insight into
the Agreement itself.
The whole question of the LSA seems to make Bands
feel rather uneasy, mainly because the DIA staff don’t
seem to have shared information vital to the exercise.
Rather they have chosen to threaten Bands into signing
an Agreement that would obviously not serve the
interests of the Band members. It is also clear that the
smaller and supposedly unsophisticated Bands are helped
by outside support. However, this is for the individual
Band Councils to decide.
The workshops that we have held so far have given us a
clear indication of the spirit in which DIA will enter into
negotiation any Agreement. Bands are cautioned to be
very aware, and deliberate on issues or programs that the
Band Council thinks is right.
At the time of publishing we will have held more
workshops at Canim Lake, Lytton and Fort St. John.
Négotiating the LSA is vital to the process of gaining
local self-government and all Bands are urged to exert
limitless effort towards getting the best Agreement
possible.
BAND TRAINING PROJECT
The Socio-Economic Development Portfolio has
undertaken the task of reviewing various studies and
recommendations relative to the above. It is proposed
that a three phased program would be adopted.
Preparations have been made to develop the first phase.
This phase would provide basic management and
administrative skills to band organizations. It is
anticipated that such training would be a better facility
for the maintenance of the newly introduced Local
Service Agreement. More detail of the project shall be
forwarded to individual Bands shortly.
INDIAN WORLD 15
*___UP-DATE—
}
FREEDOM OF RELIGION
Charlie Case
Freedom of religion for Indian People is still an
unresolved issue in the courts of B.C.
In May, 1978, George Charlie and Anderson Jack,
members of the Saanich Band, shot a deer needed for a
religious ceremony. The burning was to feed a dead
relative. However, the men were charged for hunting out
of season. After going to court in Victoria during the
summer, the two were found guilty.
On January 24, they were again in court, to appeal the
decision to the B.C. Court of Appeal.
The defence again gave two basic arguments—freedom
of religion and impairment of Indian status. Because
burnings are actual religious rituals, and because religion
falls under the realm of the Federal Government, the B.C.
Wildlife Act shouldn’t apply in this case. A hunting case in
Alaska was given as an example: Carlos Frank, an
Athabaskan Indian, was charged with hunting out of
season. Because the moose he shot was to be used for a
funeral potlatch, a religious ceremony, he won the case on
the grounds of freedom of religion.
UBCIC lawyers argued that although most provincial
laws apply to Indians, this is only so if they don’t impair
the status or character of Indian people. Because religion is
a major part of the Saanich people’s lives, in this case, in
this case the provincial laws are an impairment and
therefore should not apply.
The ‘Crown will make its argument on January 30 in
Victoria.
MUSQUEAM
The Musqueam Band are suing the Department of
Indian Affairs for breach of trust and mismanagement in
their leasing band land on conditions to which the Band
had never agreed. The Judge’s decision in the case was
expected in early January but to date there has been no
word.
Spotted Lake
A meeting has been set for February 14, 1980 with
Bill Vander Zalm in Victoria, B.C. Tribal spokes-
people from Spotted Lake will be making their pre-
sentations to Vander Zalm to halt the building of a
health spa on Spotted Lake.
ANGUS DAVIS CASE
An examination for discovery on the Angus Davis
trial will be heard in Vancouver February 11, 1980.
The Majestic Wiley Construction Company, acting
for Westcoast Transmission Co. Ltd., started the
construction of a pipeline in February, 1978, without
a permit from the National Energy Board. The
pipeline construction ruined the traplines of Angus
Davis near the Fort St. John area. Angus and the
UBCIC Legal Team took action against the
company.
INDIAN WORLD 16
FISHING CASES:
Ralph George’s case was won in Chilliwack court
March 13, 1979. Often, Fisheries officers will seize
fish under the Fisheries Act and if found guilty,
there is no return of the fish. However, even if found
not guilty, the judge won’t order the return of con-
fiscated fish. This is what happened in Ralph
George’s case where 68 fish were seized from him.
The UBCIC Legal Team on his behald has started an
action against the Federal Fisheries Department,
alleging negligence in the case. This will be a test
case.
December 16, 1979
{
McKay Jr. from Lillooet B.C. was charged 1..
unlawful possession of fish. His case has been held
over from December 16, 1979 until sometime in
March, 1980.
HUNTING CASES:
™ January 8, 1980
Noeh Shotnanna from the Grasmere Band was
charged for possessing an elk on September 26, 1979
near Jaffary B.C. The charges against him were
dropped in court January 8, 1980.
February 4, 1980
Peter Gregoir, Josephine Gregoir, John Camoose
and Martin Tony were charged with hunting out of
season, possession of game and not having a license
to carry fire-arms on August 15, 1979 near Vernon
B.C. The case will be heard at Vernon.
February 5, 6, 1980
John Alexander, Frank Joseph Robbins, Gabriel
Robbins, Arthur Andrew Dick and Louis John
Wycott were charged with possession of deer duri’
a closed season on February 9, 1979. The case will
be heard at Alkali Lake.
es
FISHING
’ CHARGES
DROPPED FOR
ELDER
P.D. PETERS
HOPE
Peter Dennis Peters, an Elder from
the Hope Indian Band, was charged
with two counts of fishing contrary to
the Federal Fisheries Act. His family
needed food, so on a hot day last
summer, he went fishing on one of the
reserves belonging to the Hope Indian
Band along the Fraser River. Fisheries
Officers stopped his car on the Katz
Indian Reserve, seized the fish and
charged P.D. Peters with a fishing
offence.
At Court on January 22nd, we
bord the Fishing Officers ream off
facts to the Court. They told of the
fact that Mr. Peters had been stopped
on Highway No. 7 near Flood.
They did not seem too concerned
when we pointed out in cross-exami-
nation that Flood was on Highway
No. 1 and not on Highway No. 7. They
pointed out Mr. Peters and described
that it was he who had been driving the
car and who had clearly been fishing
on an off day. Prosecutor’s case
rested.
P.D. Peters took the stand in his
own defence. He began telling the
Court how he was fishing on that day
in order to help his daughter who had
broken her leg. In the middle of telling
the Court this, he became very emo-
tional. Throughout the Court proce-
edings, everyone felt how undignified
it was and how inhumane that Mr.
Peters, an Elder, should have to come
to Court and justify why he fished for
food on a Reserve in order to feed his
nily who needed food that day. The
sudge understood P.D. Peters’
emotion. He adjourned the Court.
But
Fisheries.
still say
his
Sishing
was
illegal
i
The Judge spoke with the lawyer
and the Prosecutor privately in his
Chambers. He made it quite clear that
he felt Fisheries should not press
charges under the circumstances. The
Prosecutor went to talk t6 Fisheries
and came back and talked to P.D.
Peters. He said to Mr. Peters ‘‘we are
willing to drop the charges this time, if.
you understand not to break the law in
the future.’’ P.D. Peters replied ‘‘I am
willing to go through with the case
today.’’ The Prosecutor then indi-
cated that he would be dropping the
charges. A motion was made to the
Court to do so. The charges on both
counts were dropped.
It seemed interesting that even
Judges could not see the justice of
bringing certain fishing charges to
trial. The practical difficulty though,
is that the law still makes illegal the
fishing which P.D. Peters did that
summer day. As a general rule, the
Courts will continue to enforce that
law against Indian people.
pa
a
-
ae, he ; Ys ce
se = a AM a
ogee, :
ae 2 ® ne
photo: Coqualeetza
An example of this problem was
revealed the very same day in the Hope
Provincial Court. A young boy,
Gilbert Ewen, appeared in Court that
same day charged with an offence of
failing to mark fish. After a trial, the
Judge found him guilty and sentenced
him to a $25 fine. Although the fine
was a very small amount, it marks the
change in punishment which the
Courts are now leaning against Indian
fishermen. Only last year it was our
experience that when.an Indian food
fisherman was found guilty of a
fishing offence, the Courts would give
that person a discharge. With a dis-
charge, Indian people would have to
pay no fine, nor would they have a
criminal record. By the levying of the
fine, it appears that the trend in the
Court is towards imposing a penalty
and establishing criminal records.
The people at Court felt that the’
Judge was giving to one Indian person
that which he took from another
Indian person. .
INDIAN WORLD 17
ei
ney
if
ies
iz
eS aA
7 oe aC
INDIAN WORLD 18
GROW UP INDIAN
.
Last fall we learned that the Department of Indian
Affairs planned to conduct a Child Welfare Study in
British Columbia.
We met with DIA at that point and informed them that
not only was the study long overdue and necessary but
that we expected to be involved in the design and carrying
out of the study. |
In December we met with DIA and the other Indian
organizations and began working out a joint strategy for
carrying the study through. We felt that the study is so
serious and important to our people that there is no room
for politics.
The UBCIC was given the responsibility of hiring a co-
ordinator to compile the terms of reference for the study
from all the Indian organizations. We are now in the
process of hiring the co-ordinator.
One diffi culty that still has not been resolved is what
role the Provincial Government will play in the Child
Welfare Study.
The representative from the Programs Evaluati--
Branch of the Federal Government felt they should b
full partner in the study. We are worried that the
Province may have certain biases which could make the
study ineffective. In Ontario, the Provincial Government
participated in a similar study and now the Bands have to-
negotiate the implementation of the study with the
Province.
_
We feel that our goal is to improve child care by
strengthening Indian government and its ability to deal
with child welfare problems.
The preliminary work that we have done and the
study itself will lay the foundation for a definite and
comprehensive plan for Indian Government control of
child care.
Ultimately these findings will provide the basis for
legislation resting jurisdiction for Indian child care with
Indian Governments.
At our next meeting in February, the role of the
Province in the study will be defined.
During the month of February, the Co-ordinator will
be contacting all Provincial Organizations, District
Councils, and any Band that informs us they have a high
rate of child apprehensions and wants to participate. -
Please share your information and ideas with us; ts _
responsibility of our children lies only with us.
~ ALCOHOL
GOVERNMENT PROGRAM
) DOESN’T WORK
The National Native Alcohol Abuse Program
(NNAAP) has been in existence since 1975 beginning as a
three year pilot program to test various approaches to
Indian alcohol problems. In 1978 the Treasury Board
agreed to extend NNAAP’s budget for another three years
on condition that it go through an organizational review.
The management counselling firm of Hickling and ~
Johnston was hired for the job. Last July they submitted
their report to the government calling for an almost com-
plete reworking of NNAAP to make it a more efficient
administrative.machine from the government’s point of
view.
REVIEW LACKS INDIAN INPUT
At the last National Indian Brotherhood PTO Health
meeting, the lack of Indian involvement in the review was
shown in many of its recommendations. This was
especially obvious in the lack of provisions for future
Indian involvement, particularly at the decision-making
levels. For example, although Hickling and Johnston
recognized the need for program staff to be of native
e-cestry, they did so only as a long range goal; for the
irt term they recommended that ‘‘the importance of
native participation in program exists primarily at the
point where personnel are in frequent contact with natives.
In their description of the Regional Co-ordinators they
state that ‘‘it is not essential for this individual to be of
native ancestry’’, although it will be this individual’s
responsibility to co-ordinate, implement, monitor and
evaluate all regional programs which will in effect, give
him a lot of authority. When you look at the job descrip-
tion you can see that all the major decision-making
authority is within National Health and Welfare, and the
only opportunity for Indian people to take part in the
development of program materials would be through
consultation. |
NIB INSISTS ON BAND INPUT FIRST
The Health Portfolios did not totally reject the report as
it does contain some useful suggestions, such as making
the program a permanent feature within NHW, elimi-
nating some of the uncertain nature of project funding.
Hickling and Johnston’ had recommended terminating
NNAAP on March 31,1980, and phasing in their own
revised program. NIB has advised NHW to postpone any
further action involving NNAAP until all provincial and
‘rritorial organizations have the opportunity to study this
view and prepare their own recommendations on the
future of NNAAP. The deadline for this was given as
March 31, 1980. Over the next two months the Health and
Social Development Portfolio will be contacting NNAAP
project staff and others involved in alcohol treatment in
B.C. for their reactions to the proposed NNAAP changes.
Band input is important to this review, something
Harkling and Johnston ignored. If you have any
suggestions on the future of NNAAP or questions or
requests for research material please send them to the
Health and Social Development Portfolio at the UBCIC
office, The Health and Social Develop-
ment Portfolio feel that the only way the unique cultural
and social needs of our people can be represented in the
development, co-ordination, implementation and evalu-
ation of an alcohol program is if there is direct Indian
involvement and control of the program right from the
start. Only under these circumstances can the program be
truly successful.
P.C. DISTRUST STALLS TALKS
The National Commission Inquiry on Indian Health
was formed in October, 1977. It consists of the N.I.B.
Health Co-ordinator and a delegate from each provin-
cial/territorial organization. Support staff include a
Doctor as Medical Consultant, and other health
researchers from Indian organizations. Monthly meetings
are held to investigate the fundamental issues in Indian
health, including Indian rights to health care. It is
examining the present status of Indian health in the
broadest possible context, to include the historical, social
and political factors involved in the continuing decline in
Indian health. At the October, 1979 meeting, the most
important issues discussed were the future of the consul-
tation process between the Indian Communities and the
Federal Government, mechanisms for on-going consul-
tation, and use of the funds earmarked for this purpose.
The funds included $475,000 for this fiscal year with
$950,000 per year thereafter. \
CONSULTATION MONEY UNCERTAIN
The Conservative Health Minister’s office decided an
arbitrary third party for the distribution of the
consultation money was necessary. The N.I.B., after
much discussion, decided on Justice Berger’s Commission
to submit the recommendations necessary for the
distribution or retention of the $475,000 consultations
money for this fiscal year.
Justice Berger had intended to submit his
recommendations to the Commission and Minister
Crombie’s office by mid-January, 1980. To date he has
not submitted this document, but he will be meeting with
the Health Portfolios in early February, 1980. At this
meeting he wants to discuss further recommendations,
having had the opportunity to review all the Health
Portfolio’s proposals. Therefore, it is uncertain at this
stage if the $475,000 is still available for the community
health consultations. *
INDIAN WORLD 19
EDUCATION]
Over the past decade we talked about non-Indian
education and their policies and programs, with many of
our good people working to make that school system
better.
In our meetings over the past year we have been talking
- about our own ways as Indian people. We have had many
of our Elders take part in these meetings. What they have
to tell us helps us to be stronger in what we are working
towards for our children.
YOUNG PEOPLE: Many of us do not speak our own
language. As Able Joe said at a recent meeting:
‘‘We know now that you want to learn to talk in our
language, it is not your fault that you can’t talk. We
thought that the reason young people don’t talk out
Janguage is because this is part of learning the ways
of the non-Indians around us, and Indian language
has not part of these ways.
“For each of you young people, don’t blame
yourself, don’t think that you are not an Indian.
You were born an Indian, and you will always be an
Indian.”’
Indian language is one of the first parts of our work in
preparing for Indian education: this is one of the first
things that we want to put into ‘‘Indian-controlled
schools.’? There are many cultural centres that have
started putting our languages in schools already,
PARENTS
Many of us find it hard to get involved in the education
of our children, because we don’t know what it is that
they are supposed to be learning in school. We know that
we are not trained like teachers in the school. We know
that we don’t like what we see happening to our children,
but we don’t know what we can do about it.
‘These are our children. Our children are Indians. We
want more than anything that they will learn our values,
so that they will continue the teachings of our people.
even after we are gone. Our children cannot learn about
these things in school.”’
Jeanette Bonneau has said, ‘‘When we send our
children to school we cannot expect them to learn the
ways of our people. Where is the wisdom of Indian
people in the schools? It isn’t there. Just because we send
out children to school doesn’t mean they are not with us
in the evening or the morning and on the week-ends. That
is out time. This is the time that they have and we have to
give examples of our ways.’’
These concerns are the ones that we have talked about
in our education meetings. Helping our children know
why they need an education, an Indian education and
formal school education.
What some parents talked about at one of our large
Indian education workshops was that we need training
INDIAN WORLD 20
for parents. As a mother from Fraser Lake said,
*‘We spent many years in the school system. We
don’t know if we can teach our children in our own
ways. Especially if we can’t speak our language.’’
How do we do this? The answer comes from you. * ~)
worth starting by talking to other parents about how u..y
feel. Together you will know who from your reserve can
talk about this with you. We think we are all alone, but
really we all want the same help.
Indian learning and teaching is full of drama. We learn
from stories. In our meetings this is how we talk about
Indian education. Everyone tells the story of what is
happening in their reserve. Everyone says why they are
. doing their work. Everyone talks about their own
-_
—— NATIONAL INDIAN
EDUCATION CONFERENCE
For further information contact:
children.
There are many things that we say to each other that
are very hard for us. But we have to get these things out
to really know where we are going. When we have our
Elders at these meetings, they can talk to us in our own
language, and that is when we know that we are in the
right place, talking with the right people about the right
thing.
We can see from our own children that they love
everything. They love to learn about everything, they are
so open. We can learn from our own children about how
to be open and how to learn.
We have a built-in learning system, to un-do a lot of
negative things that we picked up. We have some children
who are going through some hard times, let’s help them,
and help each other, and we will begin helping ourselves
as well.
**Indian Control
of Indian Education:
Practical Applications’’
The University Centre
University of Manitoba
Winnipeg, Manitoba*
May 12-15, 1980*
Your provincial/territorial Indian organizations
or
THE NATIONAL INDIAN BROTHERHOOD
EDUCATION PROGRAM
102 Bank Street
Ottawa, Ontario KiP 5N4
(613) 236-0673
*CHANGED FROM VANCOUVER, B.C. — April 22-24, 1980 {
ALASKA HIGHWAY
_____ GAS PIPELINE
' Clarence Apsassin: We did a
lot of trapping. What kind of
_, compensation can you give us?
Maybe you can give us a few
bucks, but that isn’t going to
support us for the rest of our
=e lives, like the traplines., If the
agente. ate seuneeleeerr =} Sree tre —- | pipeline is going to be put
—T g through our traplines, why
don’t they seta piece of land
where nothing would be able to
s’ [0 affectus? We want a big piece
=. of hunting area some place
where nobody else can get in but
us.
Cindy Pierre: When I go hunting with
my grandma, we drive for miles and do
not see any wild animals to sheot. All
we see is fences, trees cut down and
**no trespassing’ signs, ‘“‘no hunting’’
signs, ‘‘private property”’ signs.
Stan Point: Our way of life |
_ here is very simple. We live off }
© land—-that means our way
of life. We are the original
people, we should be respected
as the original people. We
should have been consulted
before this pipeline even
existed, How long = are
Canadians going to patronize |.
the United States at the
expense of the Indian people?
Mary Basil: What are my
sons going to say when they
take a gun to go hunting and
there is nothing left to hunt
or fish, or to make use of
that land in any way? What
am I going to tell them and
what is the parents of these
other children going to tell
INDIAN WORLD 21
PIPELINE POLITICS
In the early seventies, it was clear
that a pipeline would have to be built
to take natural gas from the Beaufort
Sea to the United States. The first
proposal was to build a pipeline down
the Mackenzie Valley in the North
West Territories through Alberta to
the United States. Very strong protest
by the Dene and Inuit of the North
imagination and sense of fair play of
thousands of ordinary Canadians.
the land. The Mackenzie Valley
Pipeline Hearings captured the
interest of the southern media and the
The Government accepted Berger’s
recommendations and killed the
pipeline. But for B.C. Indians, it
meant a new problem. In September
1977, the governments of Canada and
the United States signed an agreement
on the construction of the Alaska
Highway Gas Pipeline. The new route
“The people in the northeast couldn’ 1 believe that non-Indians didn’t believe
they really live with the land.
Berger’s final report to Government
recommended that a new route be
found unless land claims were settled
in the Northwest Territories and the
pipeline’s construction could be
proven safe for the environment and
the people.
West Territories and by numerous
-environmental groups, forced the
minority Liberal Government to call
an independent Judicial Inquiry into
the whole issue. It was headed by |
Justice Tom Berger. He travelled to
every major village, town and settle-
ment in the territories and was won
over by the obvious sincerity and deep
feeling that the Inuit and Dene felt for
INDIAN WORLD 22
would cut right through 439 miles of
North East hunting and trapping
territory and 105 miles of Kootenay
traditional lands. ,
The position of the North East
Slave, Beaver and Cree was firm and
decisive: no pipeline until the impacts
can be assessed and the people’s
concerns are heard through an inquiry
“like Berger’s.’’ In the Southeast, the
Kootenays’ position was also clear: no
pipeline until land claims are settled.
The Kootenays supported North East
demands for an inquiry, as well as a
study of the impact that such a mam-
moth construction project would have
on the land and the people.
The success of the Berger Inquiry in
the North West Territories in the name
of the Dene and Inuit interests, rein-
forced by the impact of the West Coast
Oil Ports Inquiry here in B.C. made
the Federal Government more than a
little leery of Inquiries.
Our call for an Independent Judicial
Inquiry on September 30, 1977 was
met with a lot of opposition by both
Governments and by the oil and gas
industry. But a preliminary study
based on inadequate and out of date
data submitted by Foothills Pipeline
Company as part of their application
to build the B.C. portion of the pipe-
line, proved the need for a thorough
study. At one point in the study, the
question of northeast Indian reserves
which would be affected by the pipe-
line construction was raised. An air
recognizance was carried out and an
Indian reserve which no longer existed
was identified and the seven Indian
reserves which did exist were missed !
those people completing the report.
THOROUGH STUDY CLEARLY
NEEDED
The interests of the Kootenay
Indians of South East were dismissed
as irrelevant and of no importance.
After all, the area had been impacted
by the building an earlier pipeline.
Nobody complained then, why should
they complain now?
We knew from experience that the
word of the Indian people alone
would not be listened to and would
have little credibility in the neo-
colonialist minds of government and
. big business. We would have to fight
them using their own scientific
methods of research and investi-
gation. We would have to continually
monitor new developments in the oil
and gas industry, as well as the poli-
tical wheeling and dealing taking place
between Canada and the United
States. And we would have to lobby
for funding and an inquiry, contir
ually, in whatever areas of govern-..”
ment was open to hear us.
(continued on page 30)
|
jas well as American regulatory
delays, the starting date for
jahead and build the south-west
Iritory in S.E. on through the
GAS | E PROJECT OWNERSHIF
WESTCOAST TRANGMAEGION COMPANY, LIMITED! st Nl ae tena ad lid a
. FOOTHILLS PIPE LINES (WORTH B.C.) LTO.
51% FOOTHILLS (YUROM) 47% WESTCOAST TRANSMISSION
eee ol FOOTHILLS PIPE LINES (ALTA, to.
PC es f oF FOOTHILLS PIPE LINES (YUKON) LTD ee ee
oe : y : ae : : FOOTHILLS PIPE LINES (SASK.JLTD.
*. ee . ; : : : | :
HOAs FOOTHILLS (march)
FOOTHILLS PIPE LINES (SOUTH B.C.)LTD.
41% FOOTHILLS (YURON) 2% ALBERTA NATURAL GAS CO
FOOTHILLS PIPE LINES (NOATH on LTD.
tt FOOTHILLS (TURDM:
THE ALBERTA GAS TRUNK LINE COMPANY LTD.
0%
In September 1977, the Cana- ,
dian and American govern-
ments officially signed an
agreement to co-operate in the
construction of the $10 billion”
Alaska Highway Gas Pipeline to
be finished by 1983. as
Foothills Pipelines Ltd., the
owners of the line have had
problems with its financing. —
Under the terms of Canada’s®
orthern Pipeline Act, Foothills #7
must have money to build ne".
whole line before they can start
construction. However, =
Foothills announced in late *
January they intend to go
leg of the line ‘‘in a couple of
months.’’ The early completion
of the “‘pre-build’’ would have
gas flowing from _ central
Alberta, through Kootenay Ter-
States to California by late”
1981. Revenues from the sales’
of that gas would help finance ~
the rest of the line. a
With the financial difficulties ©
construction of the main line
has been pushed farther and
farther back. For the moment, |
ted by 1985.
construction in the N.E. Is
scheduled to begin in 1982 for
sompletion by 1984. Comple-
on of the entire line is expec-
INDIAN WORLD 23
Slavey, Cree and Beaver Nations of
the northeast know their land and it is
the foundation of their lives. They
hunt to provide meat for their
families as their fathers and grand-
fathers have done before them. They
trap to get cash to buy some other
food, clothes and gas for the truck if
they have one. They keep a few head
of horses to get around in the bush.
They hunt in the territory of their
Band and they respect its boundary.
They know which animals are plenti-
_ ful and which animals must be left
alone for awhile to regenerate. They
know where and how to find them
because they have been taught since
they were babies, the ways of their
land. They have a deep and abiding
respect for mother earth and they do
not cheat her or manipulate her into
giving up more of her animals and
fish than she allows.
Working for wages is not their
favorite way of living but sometimes,
in the off season, they take slashing
jobs. Sometimes they go guiding for
the white people who come to hunt
for trophies. Of all the intrusions on
their land, sports hunters make them
the angriest. But at least when they
guide for them, they can make sure
the sports hunters don’t kill one
another with their carelessness and
they can direct them to the animal to
kill. But when they’re out in the bush
hunting for their families and they see
that sports hunters have been around,
they move on to another area of their
territory. The sports hunters’ intru-
sion on the land is an insult: like a
hard slap on the face, it is an indig-
nity. ;
‘But when they’re out in the bush,
out of the sight and sound of non-
Indian development they have the
freedom and the skills to do what
they know and love. All the bush
knowledge that they have carried on
from one generation to another serves
INDIAN WORLD 24
them well. They can enjoy the quiet
confidence that they are providing for
their families and no one will go
hungry, as long as they can hunt and
trap in peace.
But to hunt and trap in peace is be-
coming more and more of a problem.
In the recent past it was not uncom-
mon for hunters to go into an area
they hadn’t hunted for three or four
weeks and to find a road punched
through to some new development.
el “TA! i]
a WU
=
~ Documenting how they
7
i
LAND AND THE PEOPLE
ro
It’s only been recently due to t.
efforts of UBCIC legal staff, that
developers must give seven days
notice if a road is to be built through
trapping territory. And every road,
seismic cut and pipeline right-of-way
has made Indian hunting territory
more accessible to sports hunters and
more development.
Until recently, most white people in
the area had no idea or understanding
continued on p. 28
used the land
made the people aware of the power of their land base.
ALIEN INVASIONS
‘More than a dozen maps covered the walls of the meeting room. Some
showed all the land where Indian people have had hunting and trapping
territories. Other maps showed how each of those territories had been taken
over, first by white settlement, and then by the oil and gas industry, by the
forestry companies, access roads and highways.
Altogether, the maps made very clear how every time that happened, the
people were forced to move aside, to see their territories shrink and their
way of life put under even greater pressure.
The maps prepared by the community mappers to show Indian land use
and occupancy reflect an understanding that makes both the people and the
land strong and generous and whole.
But there is another story that has to be told about the very same land.
Consultants were ‘hired to Wocument this side of the
picture which are shown by dark and black areas on map.
The change of the Indian way of
life started with the fur trade. The
first of the traders came through in
1793 and eight years later, the first
fur-trade posts in the interior were
opened, at Fort St. John and Hudson
Hope.
As Indian started trading, they had
to change their ways of hunting,
looking mostly for fur-bearing
animals, which resulted in a need of
the traders for some of the hunting
and trapping tools. By the
1830’s, the once-plentiful northern
buffalo were few. Starvation in 1810
and conflicts with traders led to
killings in 1812, and in 1821 the
decision to shut down remote trading
posts, such as Fort St. John and
Hudson Hope, led to more killings.
The Hudson Bay posts only opened
again when a minor gold rush on the
Peace and Parsnip Rivers brought
trade in the 1860’s. In the 1870's
surveyors came to look at possible
routes for the Trans-Canada Railway
across the Rockies. They sent back
glowing reports of great farming
country.
GOLD BRINGS
PROSPECTORS
The Klondike gold rush in the
1890’s brought even more
prospectors through the country,
each trying to find the fastest way to
the Yukon. Many stole from Indian
food and equipment caches, and stole
Indian horses. This provoked the
Fort St. John Indians to push wagons
and carts back into the Peace River
Valley. Fear of more violence led the
Federal Government to bring Treaty
8 to this area. The Indian people
understood that this was a peace
treaty.
There were hardly any non-Indians
in the northeast in 1900, the year the
Bands joined Treaty 8. But then came
the settlers. —
Rail lines spread westward,
stretching their tentacles into
northern Alberta.
continued on p, 29
INDIAN WORLD 25
Fr
WE LIVE OFF
‘IT’S SIMPLE—
Ricky Apsassin has shot a wild chicken, which will pro-
loration line, cut out by
in an exp
*
vide a good meal. He’s
oil and gas companies.
meat is a staple food in the north-east.
Moose-
Fr
WE LIVE OFF
‘IT’S SIMPLE—
Ricky Apsassin has shot a wild chicken, which will pro-
loration line, cut out by
in an exp
*
vide a good meal. He’s
oil and gas companies.
meat is a staple food in the north-east.
Moose-
(from page 22)
In February 1978, a delegation of
chiefs from the two areas went to
Ottawa and appeared before the
Special Senate Committee set up to
consider Bill 25 regulating the building
of the pipeline in Canada. The Chiefs
wanted the Bill set aside until an
inquiry could take place and the voices
of the people heard.
Despite their reasoned and eloquent
presentation, Bill C-25 was passed one
month later by the House of
Commons and the Senate. The Bill
created the Northern Pipeline Agency
to oversee the planning and construc-
tion of the Pipeline in Canada. The
Agency was given unprecedented
powers so that the $10 billion pipeline
could ‘‘go forward without further
delay.”’
The Bands and the Union had to
struggle and lobby for the funding
submission every step of the way. We
opposed the Government’s plan to
hold brief public hearings on their
Terms and Conditions. The Northern
Pipeline Agency has drafted these
terms and conditions without any
proper consultation with the Indian
people. Our demand for participation
in pipeline discussions was finally
successful. In July 1978, we also
signed an official agreement with the
Federal government to enable the
UBCIC to start our impact research
and Occupancy Study, to be done by
two anthropologists with previous
experience in this kind of research.
We began immediately because the
Bands had already worked a detailed
They know which animals are plentiful and which must be left alone for a
while to regenerate.
At the UBCIC General Assembly
that April, we were given the mandate
to continue to oppose this project,
until we had enough time and funding
to do the necessary research to protect
our communities from all possible
negative impacts. The Union was also
instructed to continue to lobby for an
independent public inquiry into the
socio-economic impact of the pipeline
on our people. :
INDIAN WORLD 30
plan on the Land Use and Occupancy
Study with us. It wasa difficult project
because most Indian people in the
northeast still live very much in their
traditional lifestyle in terms of their
reliance on the resources of the land:
they could not readily discuss their
reliance on the land because they lived
it;
The research was very intensive and
took hours and hours of discussion
between the Chiefs, the people and the
-research team about the historic and
present day land use for hunting,
fishing, trapping, and other aspects of
each Band’s traditional economy >
Mapper interviews from the commui..
ities were trained to help the research
team. The added an in-depth study of
the areas of cultural importance and
what the land means to their people.
An overview of the non-Indian use of
resources was prepared to assess how
their potential land use conflicts with
‘Indian utilization of lands and
resources.
HEARING ABOUT THE LAND
Bill Mair, Chairman of the
Hearings, assured people that the
hearings would be to listen to their
concerns .
Although we did not get an
independent inquiry, we were success-
ful in pressuring the Agency to
appoint an independent Chairman. At
first they thought everything could be
dealt with at the general public
meetings, but the Bands demanded
hearings in their own communities.
The Agency finally agreed, and also,
arranged to have a hearing in the
Kootenays which they hadn’t consid-
ered up to then.
The Alaska Highway Pipeline
Terms and Conditions Hearings were
held in November and December.
In every community the Elders and
young people spoke their minds with
pride and strength.
-They tried to make the Chairman
understand what they felt about the
land and understand how the ways of
living and the land should be protected
from that kind of experience if the
people were going to survive.
On December 13, 14, and 15, the
summary hearings of the Terms and
Conditions for the building of the
Alaska Highway Gas Pipeline were
held in the council chamber of Fort St.
John’s city hall. The purpose of the
hearing for the Union of B.C. Indian
Chiefs was to sum up the evidence
presented through the community
hearings and to present technical and
scientific information to back up the
testimony of North East Slave, Beaver
and Cree . 5
£ A JUST AND PEACEFUL —
SOLUTION
There is a serious conflict between the
white man’s world and the Indian world. A
serious conflict. While non-Indians dramatise
hunting and fishing as the primitive pastime
of primitive people, they spend thousands of
dollars and travel hundreds and sometimes
thousands of miles to hunt moose and other
trophies. Hunting has become a privileged
society’s relaxation.
It is the basis of the Indian economy and
the survival of a valuable but dangerously
threatened way of life. In the past, Indian
people have coped with development by
moving away from it. Logging, agricultural
settlement, oil and gas and other forms of
development in the northeast, have left the
people no place to move on. When you
corner a grizzly bear, you have a fight on
your hands. The Beaver, Slavey and Cree of
the northeast have been backed into that
corner. 3
The construction of the world’s largest
pipeline through Indian hunting and trapping
territories will be the final blow which will kill
forever the Indian way of life. It will be an act
of genocide.
If the construction of the Alaska Highway
Gas Pipeline is to go ahead, the federal
government and the oil and gas industry must
come to terms with this shocking reality and
take immediate and positive steps before
construction begins to ensure it doesn’t
happen. The following demands were placed
before Independent Chairman Ralph Mair of
the Northern Pipeline Agency’s Terms and .
Conditions hearings on December 14, 1979
by George Manuel, president of the Union of
B.C. Indian Chiefs:
© The right of Indian governments to exercise authority and control over their lands and
resources must be entrenced in the law of Canada.
® Guaranteed hunting, trapping, fishing and food gathering territories must be set aside for
control and management under the authority of Indian governments (Bands) in the N.E.
® Indian governments must be given equal third party participant status in any Federal/
Provincial agreements which affect Indian people.
¢ Indian Governments must have the central authority to control and implement programs to
deal with the social upheaval caused by the Alaska Gas Pipeline.
e the route of the pipeline must be changed and a new one chosen on the basis of Indian land
use and the social impact on Indian people.
e Lands, chosen by Indian governments and capable of being turned into /ndian reserve
lands, must be purchased by Foothills Pipeline Ltd.,to compensate Indian people for the
negative impacts on their way of life.
)
INDIAN WORLD 31
INDIAN WORLD 32
5 =
j
A long-time bitter issue among
Indian people is grave-robbing. There
have been many instances in the past
in which sacred burial grounds have
been dug up without permission, the
' remains of our ancestors scattered,
and their belongings stolen, either for
personal greed or for ‘‘reasons of
science,’’ to be stored in drawers or
behind glass cases in museums. For
whatever reason, this amounts to
theft, desecration of our sacred
grounds, and a complete disregard
for our way of life and our beliefs.
Many Indian people wonder what the
reaction would be if we decided to dig
up some of the graves of our
caucasian brothers and sisters, so that
we could study them and their way of
life.
This issue has now surfaced in the
Bella Coola area, and the Band
Council is taking an unrelenting stand
against this type of invasion.
Bella Coola’s Band Council has
’ said ‘‘no’”’ to a request from Crown
Zellerbach Co. to remove coffins
Bella Coola Elders want to protect their burial grounds from logging
- Operations.
from the sacred burial grounds at
Hole in the Wall on the northeast
corner of King Island. Crown
Zellerbach’s plan is to log out the
valley, and that will mean the
‘destruction of burial grounds.
However, Edward Moody, a band
councillor speaking for the Bella
Coola people, says, ‘‘We’ve seen the
desecration of Indian burial grounds
in other areas in the past, and we
certainly aren’t about to give our
permission for any further
desecration in our own area.”’
Even though the Band Council is
saying no, some of the coffins are
reportedly missing from the burial
grounds, and the Council is anxious
to protect what is left.
The Band Council points to two
pieces of legislation, the Heritage
Conservation Act and the
Environmental Protection Act, as
being supportive of their stand.
Another reason for the Council’s
opposition to the paper company’s
request is that until just settlement of
land claims involving the Nuxhalk
Nation is reached, the Council wants
no more logging action on their land.
The Elders, too, say that these
burial grounds must be protected at
all costs, in order to abide by the
laws of the Nuxhalk Nation.
INDIAN WORLD. 33
INDIAN GOVERNMENT PORTFOLIO HEAD RESIGNS
FOR INDIAN GOVERNMENT »
AT HOME
Dear Mr. President:
The Indian Government Portfolio for the past three
years, has been my whole life. I believed in it when I
began my involvement and I continue to hold that firm
belief. In my opinion, there is no other way to go. The
only other alternative to an Indian Government is a
corporation, which is absolutely out of the question as
far as I am concerned. We have all the essential basics
for the development of strong Indian Government,
including a land base, resource base and our Chiefs and
Councils as governing authority. Though these
ingredients need expanding and enhancing, they still
remain the foundation on which to build.
For the past three years,
the primary focus of the In-
dian Government Portfolio
has been to try to get this
point across and to develop
amongst our people, and
especially among our lead-
ers, an understanding of the
concept and philosophy of
Indian Government. This
work was to establish a
focus for all our work whe-
ther it be at the Band or
Provincial level. And at the
same time ensure we main-
tained a common direction
whether we were dealing
with land claims, Aborigi-
nal rights, Constitutional,
Indian Act, or DIA Pro-
gram Questions. Indian
Government, over the past
three years has evolved to
provide us with a framework to deal with all matters
that affect our lives. In my view, the first phase in our
work has been completed, whereby Indian Government
has become a real concept in the minds of our leaders.
We are now in the second phase which is to build
Indian Government from a concept into a practical
reality. This will mean examining the components of
our Indian Government Position and developing a
detailed implementation plan for each within. What
comes to mind are such things as a Constitution,
INDIAN WORLD 34
specific laws covering specific areas of jurisdiction, and
detailed strategies on how to implement our position.
Another major area that has come to light because of
my own personal experience is the need to mobilize our
people, especially our young. I am convinced there is
no time to waste. We must take immediate, definite and
deliberate steps to overcome the confusion and
frustration that push our young to alcohol, drugs and
suicide. We must give them something strong and
positive to relate to and ensure they are fully involved in
the construction of our Indian Governments.
The past five months have seen me concentrating on~
organizing the young peo-
ple in our community and
surrounding communities.
As a result, I see faith and
hope being restored to their
very young minds and a be-
lief emerging that may be
there is a place in this world
for each one of them. The
work I have begun here is at
a very critical stage and the
results could be devastating
if left at this time.
It is for these reasons that
I submit my resignation to
the UBCIC as the head of
the Indian Government
Portfolio and give my full
confidence and support to
whomever shall assume the
challenging responsibility
of leading the work in In-
dian Government. I will, of
course, be available to the Union, to my successor in the
Indian Government Portfolio and to all Indian people
and member Bands of the Union, to provide whatever
assistance I am able. I look forward to working with
you, our staff and all our Indian Governments toward
building our dream into concrete reality for our future
generations.
Yours in love and brotherhood,
Chief Robert Manuel
AT HOME BY-LAWS ARE PART
-OF THE PROCESS
One aspect of the workings of our Indian Governments
(Band Councils) that has been relatively little-used up to
now is the Band By-law.
Under Section 81 of the Indian Act, provisions have
been made under which Band councils may implement
By-laws for the overall betterment of the Band. According
_ tothe Act, the By-laws may not be “‘inconsistent with this
Act or any other regulations made by _ the
Governor-in-Council or the Minister. ..’’ These By-laws
may concern many aspects of everyday life on reserves—
traffic regulations, trespassing, maintenance of roads,
pollution, protection of wildlife, and others.
To have a By-law become law, the Band has to follow
certain steps. These are laid out within the Indian Act as
well. The Band Council must pass the By-law and either
the Council or the Chief must send a copy to the Minister
_ of Indian Affairs within four days after it is passed. Once
these steps have been carried through, the responsibility
falls on the Minister. If the
Minister does not disallow
the By-law within 40 days
after it has been sent by the
Band, it is registered and
becomes law. Unless it
clashes with an already pre-
sent law or regulation, the
Minister must have extre-
mely ‘‘good reason’’ for
disallowing the Band By-
law to be registered into
law.
The Band is then free to
=
for the By-law. However, ne process of implementing
f Passing Band By-laws to protect theen vironment
pass some type enforcement _ 7 spe fish could be a step in
the power of existing By-
Indian Government.
reserve. The Nicola and Bella Coola Bands and the
Tahltan Tribal Council have passed similar By-laws.
The Songhees Band has a By-law to cover mobile home
parks or subdivisions on its land.
The St. Mary’s Band has passed a By-law to deal with
the trespassing of railway operations on the reserve.
The Lytton Band has developed a By-law to regulate
the use of recreational and off-highway vehicles on reserve
lands.
The Cape Mudge Band has a By-law to allow taxing on
the reserve.
The Gitlakdamix Band has made a By-law to control
licencing of and protection from domesticated animals on
its land.
The right to pass legislation to govern Bands is a step
towards self-determination.
Band By-laws can cover many aspects of life concerning
Indians on reserves. The By-laws could be used in building
a legal base with which Bands may implement the practice
of Indian Government.
TRIBAL COURTS a
George Manuel has repeatedly said that Indian people
laws is vague. To date, no
Band By-laws have been contested in the courts of.
Canada.
Although there are probably more than eighty Band
By-laws in existence in B.C., most have been sitting in file
cabinets and never practiced. However, during the past
few years, Bands have begun to pass more By-laws with
_ intentions of enforcing them.
The Mowachaht Band has recently passed a pollution
By-law to protect the health of its residents. The By-law
regulates pollution levels allowable by the Tahsis Com-
pany pulp mill situated near the reserve. It also regulates
noise levels and disposal of waste by residents, leasors and
industries other than the Tahsis Co. Failure to comply with
the By-law will result in a $100 fine or 30 days in jail for
each day the crime is committed.
The Squamish Band has passed a By-law to provide for
- the preservation, protection and management of fish on its
ought to implement Indian Government by simply
DOING IT. Bands have been discussing passing bylaws
this year, as a way to implement laws within the Indian
Reserves. Bylaws are a good means to assert the
jurisdiction set aside for Indian people under the
INDIAN ACT. |
Bands are also beginning to consider’ the
establishment of Tribal Courts on the Reserve. Before
Christmas, the Neskainlith Indian Band set up a Court
and tried a Band Member for theft.
Under the INDIAN ACT, Band Councils may pass
bylaws for the preservation of law and order on the
Reserves. Under this bylaw power, it is possible for
Bands to set in place their own system of tribal justice.
Perhaps Bands might consider also setting in place,
Tribal Courts with enforcement provisions without
Keng the bylaw power of the INDIAN ACT. ig
INDIAN WORLD 35
GIT KSAN-CARRIER |
SN “Learning Today... Leading Tomor.-
row.”’
SCHOLARSHIPS
The Tribal Council feels that school
education is very important. They
plan to start a Gitksan Carrier Tribal
Council Scholarship for a Gitksan and
a Carrier graduate each year.
Education in the Gitksan Carrier
Tribal Council area has gone through
some changes. There were no schools
in the olden days, the Elders were the
teachers. Now Indian people attend
regular schools, although you find a
few Indian day schools being used
more and more. ‘
There are a lot of education insti-
tutions available to our people, but
knowing just how to use them is the
problem. Within the last couple of
years the number of students
GITKSAN-CARRIER DECLARATION
Since time immemorial, we, the Gitksan and Carrier People of Kit-
wanga, Kitseguecla, Gitanmaax, Sikadoak, Kispiox, Hagwilget and
Moricetown, have exercised Sovereignty over our land. We have used
and conserved the resources of our land with care and respect. We
have governed ourselves. We have governed thé land, the waters,
the fish, and the animals. This is written on our totem poles. It is re-
counted in our songs and dances. It is present in our language and
in our spiritual beliefs. Our Sovereignty is our Culture.
Our Aboriginal Rights and Title to this Land have never been ex-
tinguished by treaty or by any agreement with the Crown. Gitksan
and Carrier Sovereignty continue within these tribal areas.
We have suffered many injustices. In the past, the development
schemes of public and private enterprise have seriously altered Indian
life and culture. These developments have not included, in any mean-
ingful way, our hopes, aspirations and needs.
The future must be different. The way of life of our people must
be recognized, protected and fostered by the Governments of Canada
and the Laws of Canada. Only then will we be able to participate
fully in Canadian society.
Let us begin negotiations.
fully recognize yours.
ig
The Gitksan Carrier Tribal Council
is an association of seven Bands in the
Tribal District and of all Gitksan
Carrier people who do not live in any
of these villages. Each villages is
represented on the executive body:
Gitwangak, Kitsegukla, Moricetown,
Sik-A-Dahk, Gitanmaax, Hagwilget
and Kispiox. Kitwancool is closely
associated with the Tribal Council.
The Tribal Council’s aim is self-
government. This involves setting up
their own administrative office. They
INDIAN WORLD 36
We, the Gitksan and Carrier People, will continue to exercise our
Sovereignty in the areas of Education, Social and Economic Develop-
ment, Land Use and Conservation, Local and Regional Government.
We have waited one hundred years.
Through serious negotiation, the basis for a meaningful and dignified
relationship between the Gitksan and Carrier People and the Govern-
ments of Canada and of British Columbia will be determined. These
negotiations require mutual and pesitive participation by the Federal
Government and the Provincial Government.
Today, the Governments of Canada and British Columbia unde?
take a bold new journey to negotiate with the Gitksan and Carrier
People. During this journey, we will fulfill the hopes and aspirations
of our ancestors and the needs of future generations.
Recognize our Sovereignty, recognize our rights, so that we may
We have been patient.
~ KISPIOX, B.C.
NOVEMBER 7, 1977 of
hope this office will become the focus
for all the work they are doing, and
that it will be a place to which all the
Gitksan Carrier people will come to
question what is going on in the Tribal
Council.
This year, the Council held its
annual convention in the Kispiox
Village. Each year they have a theme.
At their first annual convention it was
“Getting Stronger’; in 1979 it was
attending BTSD (Basic Training and
Skills Development) or other special
education programs may have in-
creased. Do our young people have to
rely on these special programs?
Indian language is another subject
that is taught in public schools - now.
That is the biggest step that the Indian
people have taken in my area. Having
Indian studies taught by Indian
people who know who we are, having
Indian teachers aides (better yet,
TRIBAL COUNCIL
indian teachers), Indian home-school
co-ordinators, the whole school
_ system can be redeveloped for Indian
people. —
UPPER SKEENA COUNSELLING
AND LEGAL ASSISTANCE
SOCIETY
This also comes under the Tribal
Council. The white man’s legal system
has been around for many years but
there has to be an understanding of the
Indian people in that legal system. We
have several Indian lawyers that will
help us understand the political way to
set up Indian Jurisdiction. As Indian
people we have to develop and enforce
our laws from our own perspective.
We used to have a complete system of |
government, Weare finally waking up
and beginning to assert our own.
traditional ways.
Fhe main focus of this legal @
counselling program is to assist our §
people to use our legal rights by provi- §
ding us with information workshops
dealing with fisheries law, unemploy
ment insurance, rights of Indian
women and so on and the education of ©
non-Gitksan Carrier people who live
on our land. The people setting it up |
have insisted on Local Control of the
program right from the start.
NATIVE ALCOHOL ABUSE .
PROGRAM
NAAP has been unsuccessful in
developing enough political pressure
to get treatment facilities but it has
held workshops to help people in our
communities understand alcohol pro-
blems and to develop a team of local
resource people. More involvement
from the Elders in terms of support
and direction for this program is
needed.
OUTREACH
The Outreach Program celebrated
their sixth anniversary in July of 1979,
and this is indeed something to
celebrate because three years is the
maximum for Outreach projects. Last
year it was about to fade out but was
given a last minute reprieve. |
The high unemployment, poor
economic conditions and _ social
problems in our area led to the Tribal
Council taking a firm position that
this project should continue.
We have a lot of thinking, listening
and researching to do on our past and
how those systems functioned and
were successful. An Old Indian
prophet said a generation of Indian
people will finally wake up and begin
to assert their own traditional ways of
doing things as opposed to being
assimilated.
The Gitksan Carrier Tribal District
is on the British Columbia map. The
work being done in our area on Land
Claims and their long term plans
would take much space and time to
explain. The Gitksan-Carrier land
claims office will discuss their work
and goals in the next issue of Our
Indian World. ®
INDIAN WORLD 37
MASSIVE DAM AND
SMELTER PROJECT
The Aluminum Company of
Canada (Alcan) announced on
December 10, 1979 that it has
committed itself to expanding its
Kemano power plant. The extra
power would supply three new
aluminum smelters, one to be located
near Terrace and two at other sites in
the province.
KEMANO I DESTROYED WILD-
LIFE, FORESTS AND SALMON
RIVERS
In the 1950’s Alcan diverted the
Nechako River upstream of Fraser
Lake at the Kenney Dam and built a
powerhouse at Kemano (60 miles
southeast of Kitimat) to supply
electricity for its aluminum plant in
Kitimat. This diversion created a
huge 360 square mile _ reservoir
covering most of a vast chain of lakes
that lay upstream. This used to be an
important area for wildlife, massive
amounts of timber were destroyed
because the area was not logged
. before flooding; and the fishery
resource was very severely affected.
ALCAN WATER RIGHTS
Alcan already has water rights to
the expansion of Kemano because of
an agreement signed with the B.C.
Controller of Water Rights in 1950.
Under this agreement Alcan has until
1999 to develop the watershed of the
Nechako above the Kenney Dam and
to divert the water from Nanika and
Kidprice Lakes and drainage system
into the Nechako Reservoir.
For Kemano II, Alcan wants to
build a dam at the outlet of Kidprice
Lake and a tunnel of about 13- feet
wide from Nanika Lake to the
existing Nechako reservoir. Resulting
flooding would cover approximately
seven square miles. A second 10-mile,
28-foot wide tunnel through Mount
DuBose would also be needed,
together with a new powerhouse
alongside the existing powerhouse
(see map). The power capacity of
Kemano would be nearly doubled.
KEMANO II THREATENS
SALMON IN SKEENA AND
FRASER RIVERS
In 1974 a joint environmental
impact study of the Nechako, Morice
and Nanika river systems was
undertaken by Environment Canada,
the Fish and Wildlife Branch and the
International Pacific
Fisheries Commission to determine
the effects of the proposed Kemano II
project. They found a great many
Salmon |
problems because of the effect of
reduced flow levels, temperature
changes and dissolved = gas
concentration on salmon. The study
concluded that the Kemano II
development would have unavoidable
adverse effects on salmon spawning
in the Nechako, Morice and Nanika
River systems. Minimal flow
requirements necessary for salmon
survival would be impossible to
maintain. INDIAN FOOD FISHER-
MEN WOULD SUFFER BECAUSE
BOTH THE FRASER AND SKEE-
NA SALMON RUNS WOULD BE
SERIOUSLY IMPACTED.
The International Pacific Salmon
Fisheries Commission has publicly
opposed the project, warning that the
Fraser River sockeye stocks could be
reduced by 7.7%. The Commission
suggested that instead of diverting
more water from the Fraser River
system for generating power, Alcan
could use their water surplus in such a’~
way as to enhance the development of
the sockeye and other salmon re-
sources of the Nechako and Fraser
River systems.
ALCAN WON’T WAIT FOR
SOCIAL AND ENVIRONMENT
IMPACT STUDIES
| Proposed Kemano I Dam
Proposed dam
Kitimat Mo rice Lake
Proposed tunnel
iia
Existing tunnel
Kemano River
Houston
< Van derh 6 of
=
Knewstubb Lake
16 © 109 26 36 46
eS Se
Scale in miles
INDIAN WORLD 38
PLANNED FOR HAISLA
“3 @— TUNNEL
Kemavo(€xisrinG Tuner)
SfoM
«co Hor
ALCAN's. PRO POSED
second PHASE FOR
pYORo ELEcTRIC PowER
It seems, however, that Alcan has
no such intentions. While the
company says that independent
environmental and social impact
studies, being conducted by the
Vancouver firm of Envirocon Ltd.,
will not be ready until the summer of
1980, commitments have already
been made to go ahead with the
project. Recently leaked documents
originally sent to the B.C, Depart-
ment of Economic Development
show that Alcan intends to start
building Kemano II in 1980.
B.C. HYDRO ALREADY HAS
POWER TO EXPORT
Alcan already has a contract with
B.C. Hydro to sell surplus power for
export. Up to 700 megawatts per year
will be surplus to Alcan’s needs until
all of the three new aluminum
smelters come into production several
years down the line. Meanwhile B.C.
Hydro can already generate more
power than the province needs and is
LANDS
applying to the National Energy
Board to export its own surplus to the
U.S. Opposition to Kemano II is
growing daily. The Native
Brotherhood of B.C. has recently
called for a repeal of Alcan’s water
licence and a full scale inquiry into
the province’s hydro needs before
they start building. The Haisla Indian
Council, whose lands would be
affected, has demanded a
moratorium on all new projects
within their traditional tribal lands
until their land claims have been
settled. Environmental groups, too,
have stepped up their opposition,
calling on the company to make all its
reports public and on the government
to conduct public hearings into all
aspects of the proposal.
At stake is one of the most
beautiful and productive waterways
in the province.
The Kemano I project of the
1950’s was destructive to the
timber and fishery resources
affected by the Nechako River
diversion.
Since then, a 1974
environmental impact study
has concluded that Indian
food fishermen would suffer
from the Kemano II project
planned by Alcan.
More
flooding and construction of a
new dam will begin this year
says Alcan, ignoring the
protests and not waiting for
impact studies to be:
completed.
INDIAN WORLD 39
URANIUM:
The price of uranium has risen
sharply in recent years, with the result
that the big uranium mining
companies have greatly increased
their worldwide search for the
mineral. This ‘‘uranium rush’’ is
often concentrated in areas of the
world where the indigenous people of
that region maintain a traditional
lifestyle at odds with the values and
hazards associated with uranium
mining.
ABORIGINAL PEOPLE IN
OTHER AREAS GIVE EVIDENCE
Now uranium mining is proposed
in B.C. the Union of B.C. Indian
Chiefs is a major participant before
the Bates’ Royal Commission Into
Uranium Mining, which is to make
recommendations whether uranium
mining should go ahead, and if so,
under what conditions. In the past
two months, the Commission has
heard evidence from three areas of
the world where Aboriginal People
have already had to deal with the
issues surrounding uranium mining,
New Mexico, Saskatchewan, and
Australia.
POISONING THE NAVAJO
PEOPLE
The effect of uranium mining on
the Navajo people of New Mexico
was described by an environmental
consultant who has worked exten-
sively with the Indian tribes of the
U.S. Southwest. New Mexico
produces half of the total uranium
mined in the U.S. and much of this
uranium is located on the Navajo
reservation. Five mines currently
operate on Indian reserve land and
another fifteen are proposed. The
Navajos who oppose uranium mining
identify three major areas of concern:
health, environmental pollution, and
conflict with spiritual values.
Twenty-five Navajo miners have
died from lung cancer caused from
working underground in poorly
INDIAN WORLD 40
»
ee
\
Betty Yazzie, a
Navajo widow,has losftwo husbands
from lung cancer and has not been
able to get her widow’s pension.
INDIGENOUS PEOPLE’S
WORLDWIDE REACTION.
area. This stream is used by 450
Navajo for drinking water and to
water 2,500 head of cattle. Four
months after the collapse, the
company has been able to clean up
only one per cent of the spill and the
water remains unusable. Most people
have slaughtered their animals but
have been receiving drastically
reduced prices because of the possible
contamination of the meat. Some
Navajo also oppose uranium mining
proposed on Mount Taylor, a site of
spiritual importance.
PITTING JOBS
AGAINST HEALTH
Uranium mining has also createa
divisions among the Navajo, between
those who support its economic
benefits and those who oppose
mining on health, environmental and
religious grounds. This division was
described for one region where the.
mine would bring in 550 workers into
+ acommunity of only 300 Navajo.
*‘Some members of the community
don’t want the mine. Ella Bates, the
vice-president, doesn’t want her land
becoming a parking lot, and she
doesn’t want to triple the population
ventilated mines. Concern also exists
about the release of radon (a cancer-
causing gas produced from uranium)
to the air and the _ potential
contamination to drinking water
supplies from tailings ponds which
represent a hazard for thousands of
years.
Contamination of water is also the
major environmental concern of
many Navajo people. A_ witness
described the failure of a uranium
tailings dam at Church Rock which
resulted in the spill of 100 million
gallons of waste water containing
radioactive contaminants and other
pollutants into the only stream in the
with outsiders. Her sister-in-law, the
secretary, sees the mine as the only
way to get her son to live in the area.
So she’s got a new pickup truck and is
in favour of the mine. And we’ve got
families breaking apart, and fighting
with each other, as a result of these
problems. The community passed a
resolution opposing uranium mining
in the area, then the mining company
hired an organizer out of the
community to try and get that vote
turned the other way, and then the
legal services on the Navajo
reservation hired another organizer
out of the community to try anc
Organize against the company
organizer.’’
INDIANS ENCOURAGED TO
WORK MINES IN
SASKATCHEWAN
During the past few years, another
area of North America, Northern
Saskatchewan, has been the focus of
intense uranium exploration and
development. Both the government
of Saskatchewan and the uranium
mining companies have made
extensive attempts to gain the support
of the people of Indian ancestry who
make up 80% of the population of
the region. One witness, Gulf Oil,
which operates a uranium mine at
Rabbit Lake, outlined the program it
has initiated to promote the support
of Indian people. The program
includes:
(1) The establishment of a mine on a
commuter model. This means that
employees work 7 days at the mine
site and then have 7 days off.
Workers are flown to the mine every
week from their homes across the
North. The company claims that this
~,permits Indian people to maintain
_/ their traditional land uses of hunting
and trapping and also minimizes the
impact of development on Indian
communities.
(2) Preferential hiring of Indian
and Metis. Gulf states that 35% of its
employees are of Indian ancestry and
that these people are employed at all
levels. The company states that it is
also committed to upgrading and
training programs.
However, in order to mine, the
company had to drain Rabbit Lake
and there is also a registered trapline
in the area. The company admitted
that no compensation was considered
for either of these interferences with
traditional land uses. In its defence,
the company claimed that its
activities have the support of the
Indian people of Saskatchewan. In
the near future, the Union of B.C.
Indian Chiefs plans to send a field
\ worker to the region to investigate the
validity of this claim.
——eo
: 4
a , fh a a oT;
a =] * 2 7? =")
—S. MSG sss eth
‘a ez -
a
The radioactive dust covers the land and nothing will grow for years and
years.
Commission also decided that any
IMPACT OF LARGE SCALE increased employment to Aboriginal
EXPLOITATION ON people from uranium mining was not
ABORIGINAL PEOPLE OF a sufficient benefit to justify
AUSTRALIA uranium mining without the
‘Testimony was also given by Dr.
Charles Kerr, a member of a Royal
Commission which investigated the
question of whether uranium mining
should proceed in the Northern Ter-
ritory of Australia. He testified that
his Commission had recognized the
distinct and special mterests of the
Aboriginal people of the Northern
Territory and that - the
recommendations of his Commission
had been an attempt to minimize the
impact of uranium mining on those
interests. After hearing evidence from
the Aboriginal. people of the area and
their supporters, the Australian
Royal Commission concluded that
the potential social impact of large
scale development posed even a
greater threat to Aboriginal culture
than the health and environmental
problems associatd with uranium
mining.
The settlement of Aboriginal land
rights was seen as a “‘crucial precon-
dition’ to any uranium mining. The
settlement of land claims and the
protection of Aboriginal interests.
Thus, three different areas of the
world have experienced three quite
distinct responses to the issues
surrounding uranium mining and its
impact on indigenous people.
However, none of these approaches
may be applicable to the B.C.
situation and the testimony is
provided only for information on
how other people have dealt with the
issue.
In this province, the Union of B.C.
Indian Chiefs has resolved that
uranium mining should not occur
because no development should take
place without the settlement of
Aboriginal Rights and because any
possible benefits to our people are far
outweighed by environmental and
health risks. No development should
take place without the approval of
those who have the mosttolose. ©
INDIAN WORLD 41
CHIEFS COUNCIL
= hae
ib hee,
> eo Fe
NALS fe
\
—-—
a
‘“ ,- = . ioe a
_
a ae
ry Ih
F —_
4 a
—
i ——_——<<_
Chief Archie Pootlass (second from left) was given responsibility for the In-
be a
"il n
=—--
—
— «
. a
dian Government Portfolio
CHIEFS COUNCIL
Chiefs Council first session of 1980
took place January 22 and 23, fol-
lowed by the Secretariat on the 24th
at the UBCIC office.
INDIAN GOVERNMENT
Robert Manuel, Chief of the
Neskainlith Band in Chase, resigned
as Portfolio Head, Indain Govern-
ment (see page 347.
Chief Archie Pootlass, recently
elected vice-president of the Coastal
Region, has been assigned the Indian
Government Portfolio. Since the
Aboriginal Rights Position Paper was
endorsed, work is beginning imple-
menting Indian Government. Field-
work will begin in the near future.
INDIAN WORLD 42
FISHING PORTFOLIO
Indian people, through their Indian
governments, shall decide what
strategy will be used to exercise our
freedom to fish without hindrance or
_ prejudice as our ancestors did in the
past. Representatives from each
district will be attending a meeting in
early March in Vancouver. Washing-
ton state Tribal Governments will
also be invited to share in their
knowledge and expertise.
POLLUTION IN THE FRASER
RIVER— PUBLIC INQUIRY
Our brief to the Inquiry is now
complete after several months of
work. An information package has
gone out to all Bands in B.C. The
dates are February 18, 19 and 20th in
Vancouver. Call UBCIC for further
vi | :
information.
PIPELINE HEARINGS
The Kootenay Area Indian Council
has endorsed a resolution directed to
the Pipeline Agency, with copies to
local MLAs, MPs, DIA and the
Provincial Government, urging settle-
ment of all Aboriginal Claims of
Indians in B.C. the Chiefs Council
will be taking this resolution back to
their areas for refinement and
endorsement.
MOSES vs. THE QUEEN (1036)
Chiefs Council reviewed the case of
“‘Moses and others vs. the Queen’’
where the Provincial Government
currently states they have the right to
take away up to 1/20th of reserve
land for road purposes, or other
“works of public utility’.
Recently, the Lower Nicola Band
lost to the B.C. Court of Appeal. The
next level of appeal would be the
Supreme Court of Canada. Chiefs
“ “Council gives their full support to the
Lower Nicola Band. The Moses case
is the only case before the Courts
dealing with the Provincial right to
take back reserve land for road
purposes. UBCIC lawyers will begin
researching and documenting the
material necessary to proceed to the
Supreme Court of Canada.
EDUCATION
Chiefs Council received an update
on the MTA negotiations between the
UBCIC and DIA for an Opting-Out
Clause. The draft has been forwarded
to all Bands. The Opting-Out Clause
will be put in place for only those
Bands who wish to use it.
The MTA stands in the way of all
Bands who are seeking local control
over the education of their children in
grades 1-12. All special services for
Indian students in provincial schools
.comes under the province, not the
Bands, so the Bands need approval
from the province for federal money.
.._AAt the moment, Bands have no
control over the education of Indian
children in public schools.
The Opting-Out Clause, as it was
negotiated, would give our Bands ina
legal agreement the same type of
control and funding that the
Provincial Government presently has
under the MTA. This draft of the
clause is a preparation for DIA’s
negotiations with the Provincial
Government.
Adult Education
Through the fourteen B.C.
Community College programs, the
provincial government and DIA Band
Training staff have been developing
programs and courses contrary to
Indian priorities and policies. The
Colleges Act says that community
colleges are required to offer the
courses Bands want (provided there
are enough students) without
touching federal money. Now that
training plans are being developed by
' the Bands, we are all having problems
in getting the funding because DIA
has already spent them on College
people and their own DIA staff costs.
Indian control of Indian education
applies to all kinds of training. The
Education Portfolio would like to
attend as many District Council
meetings as possible, and is working
closely with the Indian Government,
Health & Social Development and
Socio-Economic Development Port-
folios on this matter.
KEMANOII
The Bands in the Coastal area who
would be affected, will be meeting to
decide how to deal with this issue,
and the Union of B.C. Indian Chiefs
will continue to monitor the situation
and will provide information and
assistance on request (see page 38).
NATIONAL ALL-CHIEFS
CONFERENCE
An all-chiefs conference will be
held in Ottawa on April 28-May 2,
coordinated by the National Indian
Brotherhood, to discuss the Canadian
Constitution, the Indian Act and the
NIB constitution. Efforts to change
the location closer west have failed.
At a Secretariat meeting with DIA,
UBCIC staff presented an estimate of
expenses for B.C. Chiefs to attend
this conference. Fred Walchli has
promised a reply within 2 to 3 weeks,
so we’ll have more information later.
If DIA cannot make the funds
available, Bands and/or District
Councils will have to pay their own
way.
SOCIO-ECONOMIC
DEVELOPMENT
An update of all socio-economic
activities was presented to Chiefs
Council. Workshops on agriculture,
Special A.R.D.A. and the Local
Services Agreement are continuing.
The Indian Consulting Group has
now been incorporated and has
worked on two proposals: a study on
tourism potential for Indians, and an
evaluation of Special A.R.D.A.
A Forestry Committee has been
set up to develop an Indian Forest
Management program within the
UBCIC. It is open to any more people
who are interested in sitting in.
SECRETARIAT—GREASE TRAIL
An agreement for ‘‘Recreation and
Conservation”’ is a proposed Federal
/Provincial agreement to be signed by
the end of March; part of this in-
volves tourism in the Grease Trail.
The route will affect at least ten re-
serves (four Bands of Bella Coola,
Kluskus, Anaheim Lake and
Ulkatcho). Representatives from the
Bands attended the Secretariat
meeting and stated their positions.
None of these Bands were involved
in any studies that have taken place
and all of the Bands strongly oppose
the naming of this project as the
‘Alexander McKenzie Trail’’.
Coastal Indians used this trail when
trading with the Interior for hundreds
of years before McKenzie ever
showed up; the trail is still used. The
four Bands have requested funding to
examine the project, and the Depart-
ment agreed to arrange this, taking;
into consideration studies completec!
or underway now.
The Provincial/Federal govern-
ments were advised again about
Indian involvement. Chiefs Council
supported the four Bands and George
Manuel will be writing to the Minister
to ensure full Indian involvement.
SPALLUMCHEEN BAND
BUDGET
A financial commitment to provide
dollars to the Spallumcheen Band is
being reneged on. The Spallumcheen
Band believes their 1979/80 budget
had been approved and they have
been operating on that basis. The
department claims there was no such
commitment made and therefore
supplied less funds, resulting in a
deficit to the Band.
Walchli has offered $30,000
towards Education, and if the Band
can substantiate that there was a
commitment, Walchli will consider
additional funding from the new
year; he has promised that this will
not affect negotiations for next year’s
budget and will write a letter to that
effect.
INDIAN WORLD 43
__ WESTERN INDIAN
/ AGRICULTURAL CORPORATION
W.I.A.C. have been busy holding workshops on a
regular basis. Many of you may have seen them
advertised here each month. We have had about twelve or
more attend.
Feb. 1 Chase
Feb. 4 Lillooet
Feb. 5 Lytton
Feb. 6 Kamloops
Feb, 7 Merritt
Feb. 11 Mt. Currie
Feb. 12 Cranbrook
Feb. 12 Doig River
Feb. 13 Ft. St. John
Feb. 14
Feb. 15 Coqualeetza
Feb. 18 Oliver, Keremeos
Feb. 20 B. Hall, Creston
Feb. 25 Lillooet B. Hall
Feb. 26 Halfway
Feb. 27 Halfway
Mar. 6 Cranbrook
Mar. 7 Cranbrook
Mar. 12 East Moberly
Mar. 13 East Moberly
Mar. 14 Keremeos, Pent., Oliver
Mar. 14 Lillooet
May 13 Ft. St. John
May 14 Ft. St. John
May 13 Ft. St. John
May 14 Ft, St. John
Mar. 17 Lillooet
Mar. 18 Lytton
Mar. 19 Kamloops
Mar. 20 Merritt
Mar. 21 Chase
Mar. 28 Coqualeetza
Mar. 28 Mt. Currie
HIGHLIGHTS:
© We had a three day workshop with the Ministry of
Agriculture regarding our Income Budgeting. Work-
INDIAN WORLD 44
Range Management
Irrigations
Financial
Management
Financial
Management
Financial
Management
Cow/calf
Books & Fin. Mgt.
Land & Finan. Mgt.
Land & Finan. Mgt.
Land & Finan. Met.
Veg. Contracts
Workshop
Workshop
Orchard
Development
Orchard & Veg. ‘
Gardens, Fertilizer W.ILA.C. is nbldine an bishiweek Fank Machen course '}
Water at Spallumcheen
Land & Finan. Met. 3 5 -
Land & Finan. Met. 59y
Mechanical Wkshp.
Mechanical Wkshp. (9
Land & Finan. Mgt. (ay
Land & Finan. Mgt. |
Equipment
Maintenance
Tree, Fruit Mgt.
Land Clearing
Land Clearing
Photo: Faron Jones
Land Clearing
Seed., Garden.,
Preg. testing
Organic gardens
Field crop
Field crop
Field crop
Field crop
A.1,? Home
Gardens, Land
Farm Bldg. Const.
’ Photo: Faron Jones
3 Band farmers will learn how to maintain and repair their farm
shops were then conducted for our Fieldworkers. equipment
© We had a joint meeting of A.R.D.A. staff along with .
our W.I.A.C. fieldworkers to rectify problems and
establish between us a better working relationship.
“We are concluding our Range Study, on the importance
“of the cattle ranching industry. A booklet that will be
supplied for your information. Also an in-depth study
will be available by request at the UBCIC office.
® We have bought a Pregnancy Testing Machine which
will be used in the field for custom and sale testing.
e The Mount Currie Dyking project is progressing, but at
present with some small problems to settle.
So W.I.A.C. is in high gear. The most encouraging
thing so far is the amount of response we are receiving
from the people who are coming in to our office at the
union.
»
We will have an office that will be of help to
people in Williams Lake. It will be opening in February,
at the Cariboo Tribal Council office, Williams Lake,
B.C, We invite Band members to come in and visit the
new office there. Our main office will still be at the
UBCIC, 440 West Hastings, Vancouver. o
_ HOMES ARE
? WANTED
The Bcaaparte Family Welfare Committee is seeking
adoptive homes with possible financial assistance for the
following children:
— nine year old boy who has had problems in his early
years requires loving, understanding parents who
would be flexible about what they expect from him. It
would be good to have brothers and sisters for the
boy in this home.
Contact member in charge of this case:
Dianne Morgan 457-6559
Box 669
Cache Creek, B.C.
VOK 1HO
— eight year old boy, ten year old girl, and eleven year
old girl, these three children are from one family and
must be kept together. All these children are good,
well behaved with no major problems except some
difficulty in school.
Contact member in charge of this case:
Elaine Herbert 457-6559
Box 669
‘ Cache Creek, B.C.
VOK 1HO
al
Photo: Faron Jones
These farmers will save money by doing their own mainte-
nance work |
é = aN
SALMON SURVIVAL POTLATCH
To All concerned Native People
From Cacel’pmac (Fountain People)
A potlatch will be held in Lillooet, B.C. on February
23, 24, 1980. The Potlatch will be put on by the
Stl’atl’eim (Lillooet) people but hosted by the
Cacel’pmac (Fountain People). The Stl’eim drummers
and singers will be the host drum.
The reason for this Potlatch is to gather our hearts,
minds and prayers together in Respect for the Salmon in
their and our struggle for survival. Anyone interested in
attending this Potlatch is welcome.
ABSOLUTELY NO DRUGS OR ALCOHOL.
For further information:
Ginger Alec
Box 1371
Lillooet, B.C. VOK 1V0
\ SS
INDIAN WORLD 45
I THINK...
Joyce Bourassa, originally from The Pas in Manitoba, works \
very hard for her people, particularly through the American ' ~
Indian Movement. She is a mother of two young children, and
teaches them her beliefs and sets an example by living her
beliefs every day. Joyce travels frequently, meeting with Indian
people throughout North America. In her own words, here is
what she believes:
I have learned that our people’s way of life has
always been in the way of a circle (the sacred Hoop).
Our nations have survived for centuries by living this
way. From the day we were born to the day we die we
carry this on. We are taught and learned from the
young and the old, and always thought for the unborn.
Within our Sacred Hoop are many nations, the
Eagle, Bear, Fish and many others who we have
respected for a long time; the earth our mother who
gives food and water, and the moon and the sun: we
are all within the Sacred Hoop. We learned to think of
the future, not just years ahead but generations ahead.
The white men came over here a long time ago. They
brought the foreign governments that rule this country
today. They saw how and why our people survived.
They understood this. They knew if we kept our way
of life strong that they would not be able to gain
control over this land. So they attacked our way of
life. First they outlawed our religion because that is
our way of life. They broke up our family circle. The
young were put in boarding schools and the old in
homes. They gave us disease that wiped out
communities. Alcohol was made plentiful: they knew
it would kill our people. They knew that strong people
would be born who would be leaders, so they enforced
sterilization on our women. All this has weakened our
Sacred Hoop, but it has not broken our Sacred Hoop.
Over the years we have learned what they have done.
We have taken what they have given and learned to use
it. In schools where our young were once forced to go,
we have educated our people to learn and use their
ways but to keep our own. Our old are no longer put in
homes. We know what alcohol does so our people set
up programs to help the alcoholics. Our religion never
died just because they outlawed it. The religion is there
and coming back even stronger. As for the foreign
governments, we have always had our own
governments. Today they do rule this country but we
because we understand their system, our forms of
government will take their proper place in the future.
The foreign governments that rule today do not
think of the future. If they did they would not push for
pipelines that tear up our mother earth and take her
natural resources. They would not push for nuclear
_ power that endangers all future life. They would not
have let the buffalo and wolf nations be slaughtered
just because it was a source of food for our people.
Our people have always thought of others. That is
why they have survived and in return they wanted us
eliminated for the land that we have kept rich and
fruitful in its natural state. They came over to this land
because their resources were being used up. They
needed our land in order for them to survive.
I think of the future. Sometimes it doesn’t look so
good but I know it’s there. Our old people said it
would always be there if we thought of our
responsibilities as Indian people. I look around and see
my people are as they have always been. We still learn
and teach from the young and old. Our religion is still
there and our Sacred Hoop is still there.
There are many Indian movements that are involved
with our future. I am very thankful for them. I look
and see their achievements andofthatlam proud. ®
~ I THINK Is a new page in the UBCIC News devoted to your opinions. If you feel strongly
about any topic or issue of Indian concern, write it down and send it in with your name,
address and phone number to:
I THINK
c/o Communications, UBCIC
Articles should be no longer than 700 words, and a picture to illustrate your writing would be
Si welcome.
INDIAN WORLD 46
As achild Iam anon person,
Just a property to most,
To others the ward of parents,
And of teachers and society.
puch astate I have no rights.
For I’m considered to be
In a limited stage of life
A claim of authority is placed over me.
No ultimate destiny have I
For I’m subject to every
Conceivable form of o opression.
Till I can be recognized
I will not survive.
Till I’m accepted,
Cher ished, nourished, protected
_ and respected,
Adults will witness my dying
By Norman Raven
ACROSS
1. acure for Indian people
when they get sick a
this land
ase ne spi | : °
Dh a way of travelling in a a
deep snow | ae | ie sa
2 te ote aged: [sitar pe i a
7. leather is sometimes ; ad sl Poa rade, bol peat
made from this animal ape Se ~ z
8. what babies are carried a ay ope epee a
in 5 . F
— a
10. Indian delicacy, it flies —eee — = |
and quacks ig ent Armee [see
11. Indian ice cream Fi ; id = re in|
12. Indian bread
13. unique identity, history 35
2. ceremony a aiven by indiae peapiee: e.g. life or death
. carved face impression
of our people
? Heung) Indian weapons
22
14. place to smoke fish and hides 23
15. supernatural being without physical form 24
16. Salish and Cowichan people make sweaters by this D5) ner name
method 26. common indian noecal instrument
27
28
29
30
17. group of people with the same crest . tolook
18: trout, salmon, halibut, sardines 8. protector of twins, shaggy short tailed animal
19. large incisor teeth—trademark on totem poles . container made of woven grass or wood
DOWN 30. mammals
9. winged animals 31. food fish with pinkish flesh
15. leather shoelaces 32. small, round and made of glass, shells or wood
17. badge or spiritual symbol of a family 33. messenger of the people
“20. Indian leaders 34, device for catching animals
21. means of travelling in water 35. Indian summer home
INDIAN WORLD 47
RESOURCE CENTRE
the stories ti
*
7 Campbell, Maria |
Little Badger and the Fire Spirit
- Illustrated by David Maclagan
McClelland and Stewart Limited, 1977
We have had a lot of requests for information on books
for children. Here are four favourites.
Jones, Leanne M.
Hanok :
Illustrated by Aude Young Oppel
Red Deer College Press, 1977
" Hanok i is the story of a young Indian boy who lives by
“the ‘sea. He spends much of his days gathering foods,
_ such as fish and other resources which are found around
the: village. During the evenings, one of the elders, Nanis,
‘summons the entire village to hear stories. These stories
appear to have two purposes. One is that they were
njoyed very much by the people and the other was that
ght the people a lesson in living in harmony
_ with the world around them.
-Hanok ‘enjoys hearing these stories very witch: One
“night Nanis tells a story that affects the boy very deeply.
_Itis from hearing this story that Hanok is able to learn a
very important lesson in life.
_ The book i is illustrated by Audrey Young Oppel. The
illustrations are very colourful and attractive. _
mmended for children from the ages of 5 to 7.
: oii
- The She-wolf of Tsla-a-Wat: Indian stories for the young
strat ted by Douglas Tait
$ ‘book includes a short history of the Indians’
ae
Sioa and. after the arrival of the white man,
5 er affected ‘dad naiieed by the white man.
‘mation contained in the introduction is
would be an excellent starting point for
= Be students ta learn about Bic various cultures of the.
- Indian people.
The six Stories of the book are loosely based on
& traditional legends of various Indian tribes found
_ through
in such a fashion that they will be very popular among
S ‘udents, regardless of colour or creed.
ut British Columbia. These stories are presented
_ The book is illustrated by Douglas Tait.
~ In this story we are told the legend of how humans first
: wae the use of fire. We are introduced to a young
Indian girl named Ahsinee. The young girl enjoyed very
_ much spending time with her grandparents. Her favourite
part of the visits were when her grandfather woula
recount old tales and legends which were passed from
generation to generation.
Ahsinee would ask her grandfather a question and he
would answer by telling a story. On this particular night
she inquires about how humans came to use fire.
Mooshoom (grandfather) tells her the story of a young
boy (Little Badger) and his quest to help the people of the
village survive the frigid temperatures of winter. During
Little Badger’s long journey he faced many obstacles,
these were enlarged by the fact that he was blind.
Little Badger and the Fire Spirit was illustrated by
David Maclagan.
This book should prove enjoyable to children of al
ages.
Holling, Holling Clancy
Paddle-to-the-Sea
illustrated by the author
Houghton Mifflin Company, Boston 1969
This series of stories concerns a young Indian boy who
carves a figure of an Indian in a canoe; he names tt
figure Paddle-to-the-sea. In the stories we are told of they
many adventures Paddle-to-the-sea had during his long
and arduous journey, through the Great Lakes to the
Atlantic Ocean. By overcoming many obstacles and
reaching the Atlantic Ocean he earns the right to be called
Paddle-to-the-sea. |
~ The author also illustrates each story. The illustrations
usually depict Paddle-to-the-sea during his many exciting
and often cian adventurer Alia included with
many of the stories are maps which show where Paddle-
to-the-sea is situated. So the reader gets a lesson in
geography, along with extremely interesting stories.
INDIAN WORLD 48
——HELP WANTED———
ROUND LAKE NATIVE ALCOHOL
TREATMENT CENTRE
\DIRECTOR-ADMINISTRATOR
Duties:
To perform duties as outlined by the objectives of the
society.
To plan for and follow policies developed by the board
of the society.
Responsible for the day to day administrative details
within the residential treatment program.
Responsible for developing the program within the
facility in consultation with other staff members.
Responsible for training and staff development.
Trains and designs ongoing staff development.
QUALIFICATIONS
Experience in administrative position with demon-
strated abilities.
Supervisory experience in a social or health service
setting.
Knowledge of alcoholism and the treatment process.
Knowledge of a native tongue and of native Indian
culture.
SALARY
$1,750 per month
CLOSING DATE: February 20, 1980.
Send resume to:
Round Lake Treatment Native Alcohol Treatment
Centre
RR #3, Turner Road
Armstrong, B.C.
VOE 1B0
For more information phone: 546-9213.
Nel
ORDER FORM: B.C. Indian Calendar ‘\
1980 Historical/ Pictorial Indian Calendar
Each: $3.50
Make cheque or money order payable to:
Union of British Columbia Indian Chiefs
Send to:
Attention: Indian Government Portfolio
Union of British Columbia Indian Chiefs
3rd Floor —440 West Hastings Street
Vancouver, B.C. V6B 1L1
Name:
Street or Box No.:
Town or City:
Prov.: Postal Code:
COMMUNITY BUSINESS TRAINING
Vancouver, B.C.
from February 20
through 24, 1980
a five-day session co-sponsored by CCEC Credit Union
and the New School for Democratic Management,
offering:
MANAGERIAL AND
ORGANIZATIONAL
TRAINING
for
Community Enterprises
Co-ops
Non-profit Organizations
Worker-owned Businesses
Courses will be offered in:
Financial Development,
Marketing, Planning,
Democratic Management,
Organizational Dynamics,
Management of Co-ops,
and others.
For more information contact:
Community Business Training,
c/o CCEC Credit Union
205 E. 6th Ave.,
Vancouver, B.C.
VST 1J7
Orphone: (604) 253-3006
(604) 738-2362
“INDIAN ARTS AND CRAFTS SOCIETY
The Indian Arts & Crafts Society of B.C. wishes to
congratulate Mrs. Sarah Wesley of Terrace, the winner of
our recent Society ‘One Thousandth Membership’
campaign prize. Mrs. Wesley was introduced to the
Society by Mildred Roberts, also from Terrace. The
President and Directors of our Society wish to thank all
those who have participated in this campaign as the
strength of our Society can be judged by its membership
of those seriously interested in the Indian Arts and Crafts
field.
We would also like to announce that our Society has a
serious need for finished home tanned hides. Many of
our members who have contributions approved are
unable to receive their kits as we are awaiting hides. We
would of course be paying the current price available
from other wholesalers. Enquiries can be forwarded to us
at 3309-32nd Avenue, Vernon, B.C., or telephone collect |
at 545-9330.
i A
INDIAN WORLD 49
NORTHERN FERRY SERVICE
DOESN’T SERVE THE PEOPLE
I’d forgotten what public transpor-
tation means in the North—time,
expense, occasionally danger and
often frustration. But a recent trip
from Prince Rupert to Port Simpson
refreshed my memory. Approximately
twenty miles separates the city of
Prince Rupert from the village of Port
Simpson. There is no road (although
various political parties have made
election—time promises regarding
construction of such a road), so the
only ways to travel the distance are by
sea or by air.
In its last year of power, the Liberal
government cut part of its transpor-
tation subsidy to B.C., resulting in the.
i
a
ae ees
“cheit
—= am ~ 4
was servicing both Port Simpson and
Kincolith: there are now two ferries,
each servicing one village.
LONG WAIT IN THE DARK
Relatives advised me to be at the
dock early, because there were often
more than the quota of thirty passen-
gers standing in line long before the
ferry was due to pull out. We arrived
at the dock area just after 6:30 a.m.,
an hour before the ship was scheduled
to leave.
Our taxi could not drive all the way
to the wharf, as the road comes to a
dead-end beside the railroad tracks
some distance away. We had quite a
st
The water brings both boats and small aircraft to north coast villages, but the
service is sometimes irregular or expensive or both.
loss of ferry service to northern coastal
communities. These communities are
still suffering from this federal-
provincial fight over transportation
responsibility.
However, a 40-foot ferry is now
making the run from Prince Rupert to
Port Simpson, while a former
Canadian Coast Guard vessel, the
Canadian III, mow services the
Nishga community of Kincolith.
The other alternative to ferry service
is airplane travel.
On the morning that I was to travel
to Port Simpson, the Canadian II]
INDIAN WORLD 50
load of luggage and boxes, and
struggled with them on a narrow rocky
footpath in the dark until we arrived at
the wharf. And it was already packed
with people! We discovered they
had been standing in the cold since
four-thirty. They were so anxious to
travel by ferry, that they had begun
standing in line in the middle of the
night in order to make sure they got
on. There were many small children
and babies, as well as a few Elders.
“What if it rained?’’ I thought.
-“*There isn’t any shelter provided for
the people, not even a lean-to with a
roof. And there’s little lightning on
the wharf.’’ But at least it wasn’t
raining or snowing. It was cold and
dark, though. More and more people
arrived after us, and I had the fee” ~
not all of us would get on the fer. ,.
After taking a head-count, though, I
felt assured that my family would
make it.
More cold, more waiting.
At seven o’clock the crew walked
past us to the front of the line, people
started walking down the gangway
toward the ship, and a crew member
started counting heads. The cold and
the waiting had had their effect on the
people around us, and we found
ourselves being pushed further back in
line. The cut-off point came just as I
was about to step off the gangway.
There seemed to be a lot of confusion
inside and around the boat. Several
people who had been counted as
passengers were, in fact, only seeing
off friends and relatives. I heard that
there was room for one more passen-
ger, and my brother told me to go
ahead. After taking my seat inside the
ferry, I discovered that there were at
least three empty seats, because of tr=
miscounting which had occured. _
the ferry pulled out twenty minutes
early with less passengers than it could
have, and should have, carried. The
people who didn’t make it on board
the ferry were left with the alternative
of hitching a ride with somebody who
owned a fishing boat or travelling by
plane, at a greater cost and on a day
with heavy gusting winds.
AND THE FUTURE?
That whole experience—of waiting
in the dark and cold, of putting up
with no waiting facilities and an
inadequate road to the wharf, of being
treated like cattle and dealing with an
inefficient system—left me feeling
very angry. And very sad. Because the
people in places like Port Simpson and
Kincolith continually have to deal
with these inadequacies. Because they
are always the victims of federal-
provincial haggling over such essential
services as northern transportation.
And because there aren’t enough
official complaints and loud voices o*
objection raised against these inade-
quate and inconsistent services. ®
ee a AE
7
In the chapel
I sat cross-legged
Upon the green-tiled floor
Forming a part
Of the circle of people.
“ye Ceremony
We were told before we sat
That prayers might be answered
Some soon
Others not.
That there might be
A test first.
He began
_ By taking from a can
_ Some fungus to burn.
It smoldered as he waved it
™ Over his red-blanket,
‘That held all his things.
_ Each piece he purified:
_— A charm first with smoke,
He did the same
Si. To his white eagle-feather.
_ He waved his hand about his pouch.
And then into an abalone shell
-4To smolder its life away.
From his pouch
He took a stem and bowl;
** ~ All the while mumbling softly
J ef As his helper drummed rapidly
} _ With head bowed.
ra
_With the pipe together
And filled with tobacco and bark
Be te, He tamped it with a quill.
=, __, There was quiet in the room.
"We made no sounds
-) As he quickly pointed
_ & To the six directions:
. oo To the west: north: east and: south:
* To the earth, and: to the sky.
P The drum stopped.
» And he spoke,
‘*Creator.
_ Thank you for my heart.”’
- . !And I cried inside.
Isaac Frank
INDIAN WORLD 51
a
FIRST CLASS MAIL
FROM: UNION OF B.C, INDIAN CHIEFS
440 WEST HASTINGS ST.
VANCOUVER, B.C. V6B 1L1
Mw
THIS MONTH:
At the start of this new decade, OUR INDIAN
WORLD takes a long look at what is happening in
B.C. as a result of world panic over energy supply and
transportation, Uranium, coal, gas und oil lie under or
near many of ovr reserve lands. Supertankers,
pipelines and trains carrying them pass close or
through other Indian lands. In a twelve-page Alaska
Highway Gas Pipeline Supplement we compare Indian
Land Use and Occupancy against the non-Indian land
use and occupancy of the same area. The questions
that arise from other energy projects like uranium
(page 40) and now Kemano II (page 38) expose the
same conflicts of attitude toward responsibility for the
land. The Baker Lake decision (page 9) giving Inuit
hunters and land legal protection from resource
exploration is a landmark in recognising that the fight
for our Aboriginal values is not a hopeless one. We
thank the Inuit Tapirisat for sending pictures of the
[nuit hunters who carried through that victory.
Our strong beliefs in our rights to hunt and fish to
feed our families lead to a constant stream of Indians
through the Courts of B.C. Raymond Bob's hunting
case is described on page 1! and he sent in the picture
J
for the story. Thanks to Vaughn Jones of Coqualeetza
for sending us the picture of P. D. Peters, a respected
Elder of the Hope Band whose fishing case is discussed
on page 17. The Bella Coola Band writes about their
stand to protect their lands, and especially their sacred
burial grounds, from the insensitivity of a giant
lozging corporation (page 33).
The struggle to balance our own values on one hand
against the need to provide employment and good
living conditions for Canim Lake Band members
through a mass of funding and red tape is written up
by Mary Thomas, their Band Planner. Jesse Archie
did a fine sketch of the village (page 14).
Frustrated attempts to visit the United Native Club
at Matsqui began to give us an idea Of what our
brothers go through there. Frank Isaac sent us a
collection of poems and we publish one on page 51
that shows his inner Indian strength helping him to
survive. Survival through childhood is expressed in a
moving poem by Norman Raven, a visiting Ojibway
from Manitoba (page 47).
Thank you to everyone who wrote and sent y |
pictures for the first issue of the 1980 INDIA bi
WORLD.
Part of Our Indian World - volume 2, number 8 (January, 1980)