Periodical
Indian World (July 1982)
- Title
- Indian World (July 1982)
- Is Part Of
- 1.06-01.04 Indian World
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- July 1982
- Language
- english
- Identifier
- 1.06-01.04-04.02
- pages
- 19
- Table Of Contents
-
Indian World Magazine............1
President's Message.................2
Special General Assembly..........3
Legal Case for Indian World......5
Picture of History of Our
Fishing Rights.....................6
Chief goes to Jail for Fishing......7
Roger Adolph County
Court of Appeal.................8
Indian Paraplegic....................9
Constitution Opinion..............10
This Land............................12
What I Love and Hate.............13
Cree....................................14
Editorial..................Back Cover - Contributor
- Herman Thomas
- Robert Manuel
- Legal Department
- Clo Ostrove
- Chief Roger Adolph
- Alfred Recalma
- Simon Danes
- Type
- periodical
- Transcription (Hover to view)
-
INDIAN WORLD
"THE CHOICE IS OURS"
JULY 1982
OUR INDIAN OCEANS
LAKES, RIVERS,
STREAMS
THE OCEANS, LAKES,
RIVERS, & STREAMS,
SUPPLY OUR FOODS
DAILY. TODAY
FISHERIES AND CONSERVATION OFFICERS
TELL OUR PEOPLE
WHEN TO HUNT, FISH,
DIG CLAMS, ABALONE
& MANY MORE OF
OUR MARINE
RESOURCES.
IT IS OUR ABORIGINAL
RIGHT TO GATHER
THESE INDIAN FOODS
IS IT NOT?
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INDIAN WORLD
"THE CHOICE IS OURS"
The Indian World is the official voice of
the Union of British Columbia Indian
Chiefs. It is dedicated to building a strong
foundation for the implementation of Indian Governments at the Band level. It
operates solely through mandates and
resolutions passed at each General
Assembly each year in which reports are
given at the years end. The President is
answerable to Chiefs Council; during the
year council is chosen through elections
at each opportunity to be a part of the
organization through their process of
decision-making. Signed articles and opinions are the views of the individuals concerned and not necessarily those of the
U.B.C.I.C.
EDITOR: Herman Thomas
WRITTEN CONTRIBUTIONS: President Robert Manuel, Legal Department,
Clo Ostrove, Chief Roger Adolph, Alfred
Recalma from Arrowsmith Star,
Parksville, Indian Paraplegic from Indian
Voice, Simon Danes.
JULY 1982
TABLE OF CONTENTS
Indian World Magazine
..1
President's Message
2
Special General Assembly
3
Legal Case for Indian World
5
Picture of History of Our
Fishing Rights
.6
Chief goes to Jail for Fishing
7
Roger Adolph County
Court of Appeal
...8
Indian Paraplegic
9
Constitution Opinion
10
This Land
12
What I Love and Hate
13
Cree
14
Editorial
Back Cover
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INDIAN WORLD 1
PRESIDENT'S
MESSAGE
The international law of self-determination has always been practiced by the Indian
nations since the Creator put us on the earth and we continued to exercise this right with
the coming of the European. Our relationship with them was one of mutual respect
between sovereign nations — it was based on the understanding that the Indian and
European systems and institutions would co-exist in Canada. The breakdown of this
relationship had its beginnings in the days of the Indian Agents, whereby our freedom to
choose our economic, social, and cultural priorities were being undermined. The agent's
control over allocation of Band funds allowed him the power to manipulate Indian
communities to serve the political goals of the Department. Although it is larger and more
complex and sophisticated, this system still thrives in the Department of Indian Affairs
today. This is the concern that the Union of B.C. Indian Chiefs presented to the Standing
Committee on Indian Affairs during its visit to British Columbia.
Our concerns were well supported with the facts and statistics that were brought to the
hearing. It was indicated that, for the ten bands with the lowest DIA funding, their
average is $153.71 per capita. And for the ten bands with the highest level of DIA
funding, their average is $3,261.10 per capita. Of all the bands in B.C. the average per
capita funding is $1,347.47 — 68% of the 194 bands received less than this while only 32%
received more. Who determined what the funding priorities were? How were they
determined?
The true nature of the administration of DIA was illustrated in the examples we cited.
The per capita funding for two northern semi-isolated bands were compared: one received
$174.00 per person while the other received $1,084.00 per person. In a second example we
compared a northern rural band with a southern rural band and found that the per capita
funding ranged from $481.00 to $1,312.00. Why is there such an inequity in the funding
of two very similar bands? Why does the Department decide to so generously fund some
bands while the financial needs of other bands go unmet?
The root of the problem lies in the fact that there is no established policy for the fair
distribution of funds to our Indian Governments. With no clear formula the system
allows for abuse and manipulation of our communities. These funds, which rightfully
belong to our people, should not be used as political leverage for civil servants of the
Department to reward those bands who conform to DIA wishes and to punish those who
exercise their right to self-determination. Thus we recommended to the Standing
Committee on Indian Affairs that an equitable funding formula be developed at the
political level and put in place as soon as possible. The success of such a policy would
require a good spirit of cooperation between our Indian nations and the federal
government. Such a move could provide the means of restoring the relationship which
existed upon the arrival of the Europeans.
As one of our recommendations, we invited the Standing Committee to visit some
bands to see for themselves the effects of the poor funding practices of DIA on the lives of
our people. In light of the information provided to the Committee we made the third
recommendation that their members commit themselves to act soon. A joint effort must
be made to put an end to the stranglehold that DIA has on our communities so that we can
once again exercise our freedom of choice.
2 INDIAN WORLD
SPECIAL CHIEFS
GENERAL
ASSEMBLY
VANCOUVER
INDIAN FRIENDSHIP
CENTRE
1607 EAST HASTINGS STREET
VANCOUVER, B.C.
The Union of B.C. Indian Chiefs have scheduled a Special Chiefs General Assembly to be
held on June 22, 23, 24, 1982. The Special Assembly has been called to address issues of
common concern to our Indian Governments; however at this point we have identified
three areas which need your urgent attention. These include:
1. The election of a Vice-President to represent us nationally on the recently
established Assembly of First Nations.
2. The election of six representatives to represent us nationally on the Confederacy of
Chiefs of the Assembly of First Nations.
3. The establishment of a process, terms and conditions for our participation at the
Federal/Provincial Governments First Ministers Conference on the Constitution.
The election of a National Vice-President and National Representatives to the
Confederacy of Chiefs of our First Nations Assembly is essential before July 1,1982. We,
along with other Chiefs across Canada agreed to elect our permanent representatives
before July 1, 1982. We have therefore included this as an important item to be dealt with
at this Special Assembly.
We also need to determine our role in participating at the up-coming First Ministers'
Conference. The First Ministers' Conference, consisting of the Prime Minister and ten
Premiers, is scheduled to meet within one year of the Constitution having being patriated.
Other issues to be discussed are topics the government has already choosen as topics. They
are Land Claims, Indian self-government, Delivery of service, Indian Economic
Development, Hunting, Fishing & Trapping.
*These items are to be discussed and determined whether they are acceptable or whether
we discuss other items.
INDIAN WORLD 3
Indian fisherman from our past whose culture and methods offishing have not changed.
4 INDIAN WORLD
LEGAL CASE
FOR INDIAN
WORLD
In May, 1981, a number of Indian persons were charged with "failing to enter Canada at
a port of entry and failing to report to an Immigration Officer for examination", an
offence under the Immigration Act. A l l the persons charged had come into Canada by
way of what is commonly called in the area, the "Indian Border". A l l the persons
charged with the offence are members of the Kootenay Nation and belong to either the
Tobacco Plains or St. Mary's Indian Bands. The "Indian Border" is a route that leads
from the United States, across the 49th parallel, onto the Tobacco Plains Indian Reserve.
The people have pleaded "not guilty" and the trial of the matter is to be held on June 9,
1982, at Fernie, B . C .
The International Boundary was defined by the British and American governments in
the middle of the 19th century. This Boundary cut across the Kootenay traditional
territory and divided the Kootenay Nation. At the time the Boundary was defined the
Indian Nations were assured that their right to pass and repass the Boundary would not be
impeded. In addition to dividing families, the Boundary interfered with the Kootenay
traditional way of traversing their territory during hunting and fishing seasons. When
Indian Reserve Commissioner O'Reilly arrived at Tobacco Plains Indian Reserve in 1884
for the purpose of setting aside Indian Reserves, he had the following conversation with
Chief David:
O'Reilly: "We cannot talk about United States lands; it is on the other side of the
boundary."
David: "What is the meaning of this boundary line? It runs through the middle of my
house. My home is on both sides. Why should you, without asking me or considering
me, divide my property in two and also divide my children?"
The Kootenay Nation say that they have never surrendered their right to traverse their
traditional territory and that neither the International Boundary nor the Immigration Act
can interfere with their right to enter their land.
The member Bands within the Kootenay traditional territory (on both sides of the
Boundary) continue to this day to maintain their tribal and cultural ties through a variety
of joint activities.
Clo Ostrove
INDIAN WORLD 5
HISTORY OF
OUR
FISHING RIGHTS
FEDERAL FISHERIES
DISCREDITS
OUR RIGHT TO FISH
BY
HARRASSMENT
CLOSURES
CUTTING OF NOSE AND DORSAL FIN
CONFISCATION OF OUR FISH, CARS AND G
CHARGES LAID
OBSERVATION
CONFISCATION
BUT
ENOUGH IS ENOUGH
INDIANS ASSERT
OUR ABORIGINAL
RIGHT TO FISH
6 INDIAN WORLD
CHIEF GOES TO
JAIL FOR FISHING
Roger Adolph is a newly elected Chief of Fountain Indian Band. He has chosen a jail term
rather than pay a fine given to him by a judge for fishing in his own Aboriginal fishing
grounds, which is the same place his ancestors have fished for centuries. His reasons are
very simple, it is based on principle. He and many other Indian people believe and know
that he is NOT GUILTY. No crime has been committed, he has merely exercised his
Aboriginal Right to fish. This is the very same reason Indians throughout the province are
continuing to plead not guilty to not only fishing charges, but also to hunting and
trapping charges laid by Federal Fisheries and Conservation officers.
In the past three years Indian people have reversed their pleas from the 'then normal
manner' of pleading guilty to not guilty. If Indian people were guilty, it was for not
fighting for their rights and having them continually eroded in the name of conservation.
Conservation is one thing but to only regulate Indian people is another matter, which only
causes suspicion and mistrust. If the depletion of fish is so close at hand then why are
there not stricter laws imposed on commercial and sport fishermen, and polluters of our
rivers, lakes, and streams. A method that could be implemented is paying the fishermen
not to fish, rather than spending millions of dollars to enhance the resources.
Perhaps it's time for Indians to choose jail terms rather than paying a fine, if found
guilty in the name of justice. Principle and honor are a great part of Indian people, that is
why you have Indians standing with great pride and dignity saying, "Not Guilty, Your
Honor". Going a step further, as Roger found necessary, he was found guilty and would
not pay a fine for doing something he believed was his Aboriginal Right to do. In fact, he
believes Fisheries are regulating and harassing Indian people as the law is designed now.
This is not restricted just to fishing, hunting, and trapping, but now is extended to the
marine resources. On Vancouver Island Indian people are being charged for illegally
digging clams. Indians do not just depend on these resources, but it is also a part of their
life. The resources cannot be stripped from the lives of the Indian people by a mere stroke
of a pen, nor by fines and intimidation and harassment by Fisheries and Conservation
officers. Elders have quoted time and time again, the people and resources are
inseparable, it is their way of life, it is their culture.
INDIAN WORLD 7
County Court Registry
Box 639
Court House
Ashcroft, B.C.
V0K 1A0
March 18, 1982
Attention: Clerk of the Court
Dear Sirs:
Re: Roger Adolph — County Court Appeal
I would ask you to kindly bring this letter to the attention of the Judge. I would also
welcome the opportunity of reading this letter into the record when my case is called on
the 23rd day of March 1982.
I abandon my case, yet I do not concede that the Department of Fisheries is right in
charging me with food fishing at our fishing rock with a dip net on August 17,1979.
I am an Indian person of the Lillooet Nation and according to our law I have a right to
fish for food in our rivers as my forefathers have fished since time immemorial. Our law
was confirmed by the Queen's law. By the Royal Proclamation of 1763 our aboriginal
rights were protected until we consented to surrender them to the Crown. The Lillooet
Nation has never surrendered our rights. When our reserves were established the Queen's
representatives confirmed on her behalf that fishing rights would be protected on the
Fountain Indian reserve. I was fishing on the Fountain Reserve on August 17, 1979.
When I was arrested, I was asked by the Justice of the Peace if I understood the charge
against me. I did not understand and I told him so. According to my beliefs, I had not
broken any law.
I abandon my case because the Government has refused or neglected to bring Canada's
law in line with the Queen's law and our Indian law. I am told that this Court must enforce
the Fisheries Act. I have no interest in advancing a defence which is based on a technical
argument; nor can I in good faith give any reason for my fishing other than the true one.
Our elders have given up so many fishing days to live within Fisheries law. They
cooperated because they were told that they were helping the salmon. But the elders see
that fewer salmon come up our rivers today than before. The stocks are depleted by the
commercial fishery and through industrial waste under the supervision and management
of the Department of Fisheries.
I will not take up any more of the court's time.
Yours very truly,
Roger Adolph
8 INDIAN WORLD
INDIAN
PARAPLEGIC
Five years ago an accident left Oliver Cardinal confined to a wheelchair. But the chair has
wheels, so Cardinal used them to get around to work and to meet people as a dispatcher
for the last two and a half years for local 168 of the Tunnel and Rock Workers Union in
Fort St. John. Now he is coordinator for the Indian services for the B.C. division of the
Canadian Paraplegic Association and wishes to contact all other Indian paraplegics in the
province in order to assist them in adjusting to their disabilities.
Despite the success of the Association's program, the B.C. Division recognized it had
one major deficiency; the rehabilitation staff lacked the understanding to provide
effective counselling and support services to disabled Indian people.
Oliver Cardinal's duties will be to act as a consultant to the rehabilitation staff to
provide a better understanding of the unique cultural needs of disabled Indian people in
adjusting to their disabilities. Cardinal will also act as a liaison with the different Bands
throughout the province to facilitate community development TO IMPLEMENT
PREVENTATIVE PROGRAMS. He will be working to identify community resources
which could assist in meeting the needs of the disabled Indian people, as well as
developing a working relationship with government and community agencies. For further
information regarding the proposed project please contact Oliver Cardinal at S.W.
Marine Drive, Vancouver, B.C. Telephone 324-3611.
— from the Indian Voice
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INDIAN WORLD 9
CONSTITUTION
OPINION
One of the big Constitution issues is Native rights.
Do natives have sufficient rights? Are they fair?
Have the rights of the Canadian Indian actually been faithfully considered by any
government, provincial or national?
One of the most eloquent and outspoken individuals on Native and human rights is
Alfred Recalma of the Qualicum Beach Indian Band.
His letters to queens, dukes, prime ministers, premiers, newspapers editors and talk
show hosts have revealed a singleness of purpose and determination that the Indian
perspective will not be lost, distorted or forgotten.
Recalma was born on August 18 in 1903 near the mouth of the Big Qualicum River.
His early schooling was taken at Alberni Residential School in Port Alberni from 1911
to June of 1920.
In those days, he and his school mates took the train from home to Cameron Lake and
from there were transported to school "over the hump" on a wagon teamed by four
horses.
Following are his comments about the Canadian Constitution:
This is how I view the Constitution. It stinks and following are reasons why I say it stinks.
We (Indians) have no say in its contents, yet we are the true people of this vast country.
We did not emigrate here, all our legends tell us that we have been here for thousands of
years. Studies now show that our legends are true.
You law makers swear on the Bible, yet nowhere in your Bible does it say you should go
and conquer and enslave other people.
Remember the commandments, especially the one which says 'Thou shalt not covet thy
neighbour's property.' Just how many commandments have you broken since you came
to our shores?
The very first chee-cha-cos, meaning newcomers, were received with open arms. Our
help was a blessing to you. We showed you the trails to follow, and paddled you in our
canoes where there were no trails. In fact where would you had been if it wasn't for our
pemmican that saved you from starvation?
We gathered the furs which made you wealthy yet at every turn you cheated us.
In the war of 1812 we fought side by side with you; two events stand out in my mind
when I read the history of that war. Once when the English wanted to run Tecumseh said
"Run if you wish but leave us your guns, for here we will stand and if need be leave our
bones, for this is Our Land."
10 INDIAN WORLD
The other was the Battle of Beaver Dams. It's recorded in history as been fought
entirely by Indians.
When the war was over you made laws that we should be put in reservations, put in
Residential schools, oh yes we were not good enough to go to your public schools. I could
still hear your words "why don't you Indians go to your own schools".
Your language was stuffed down our throats. You were very domineering when you
had guns and we had bows and arrows.
Who are you to make laws against us in our own Country? Just imagine how ludicrous
it is saying we have no aboriginal rights. Look what you are protesting against today the
aggressors. This is what you've been since you set foot on Our Land, The Aggressor.
Read true history of B.C. When Governor Douglas retired in the 1850's the land policy
fell in the hands of Joseph Trutch; he hated the Indians and worked in every devious way
possible to obtain Indian lands.
Half of Canada has never been surrendered and the resources. Not that we want this
land but we want an economic zone where we have a say as to its use. The same principal
as Canada now lays claim to the 200 mile economic sea zone.
We will never never relinquish these claims. We will broadcast to the world our
grievances. We will appear at every world capital city, at the United Nations and to the
Pope.
We should keep in mind the words of Chief Poundmaker when he said, "It would be so
much easier just to fold our hands and not make this fight - to say I, one man can do
nothing. I grow afraid only when I see people thinking and acting like this.
"We all know the story about the man who sat beside the trail too long, and then it
grew over and he could never find his way again. We can never forget what has happened,
but we can never go back, nor can we just sit beside the trail."
The words of one of your provincial ministers "sticks in my craw". He said "Indians
go back to your reserves." Our reserve in Canada. Being a racist is not all bad if you use it
only to be proud of yourself and your people. You should at no time slur or name-call
anyone regardless.
The Fish and Game Federation have a thing going for them. Their literature is hate the
Indian. The Indian they say is responsible for the Salmon scarcity. They are too
prejudiced to think properly, that before they arrived on the scene the streams and rivers
were literally teeming with salmon.
A gold mine which spewed poison into two streams and killed salmon is still operating.
When the signs on these streams read, Poisoned water, no one told the animals and birds.
I ask why we are not marching with signs saying, No poison in our waters.
I say to you "belly achers" if you're not part of the solution you're part of the
problem. What about all our other resources? The cupboard is bare and nothing in the
sock. Our chiefs looked after their people, and when there was war they were in the
forefront leading their people. Your chiefs sit at home and give orders.
In a news item the other night an Indian chief said, he is making a strong effort to help
his people otherwise they would be peeing on his grave when he died, maybe that's why I
strive so hard.
That's for sure I don't want my people peeing on my grave.
Copied from Arrowsmith Star — Parksville
INDIAN WORLD 11
THIS LAND
Tall and silent and straight I stand.
I've watched them take away my land.
Friendship and peace I wanted to give.
And all I requested - the right to live,
to hunt, to roam, as I did before.
But they took that too, and much, much more.
They put me on a reservation
and labeled me "a minority nation".
The stripped me of my pride, my shame.
The called me savage and other such names.
For years they pretended I didn't exist.
But now that I stand and try to resist.
They call me militant, angry, and cruel.
They say I break the Golden Rule.
It was they who stole my life, my land.
So now the time has come to stand.
To let them know how I feel.
To tell them I want a better deal.
Friendship and peace is still the aim.
But now it's a brand new game.
I'll not longer sit back taking welfare and boozing.
I'll know what's at stake and what I'll be losing.
I still stand tall - not so silent, but straight.
And the time has come, I'll no longer wait.
I want my lands, my rights made clear.
I want it now and not next year.
Simon Danes
12 INDIAN WORLD
A dignified Indian from our past but still a part of
our present.
WHAT I LOVE AND
HATE
I'm an Indian and full of life
my Ancestors, I know
would be proud
That I hate
what I hate.
I don't need alcohol or any drugs
I'm an Indian, and proud
Why should I want
that which kills
and destroys.
I love life
I'm Indian and proud
I don't need that which kills
my soul, my spirit
and my life
I'm alive, I'm alive
and
So glad that I hate that
which I hate.
INDIAN WORLD 13
CREE
Oct. 12, 1981
Robert J. Epstein and Gary H . George
"Where is James Bay? How many Crees are there?" asked Senator Guy Williams from
British Columbia. " A n d that fellow Billy Diamond, is he still their leader?"
This was the beginning of the current James Bay Cree push to inform the Canadian
public and Ottawa's bureaucrats and politicians about Canada and Quebec's failure to
implement the "James Bay and Northern Quebec Agreement". Action that was only
taken after Dan Goodleaf, a highly placed Indian Affairs, civil servant of Mohawk
descent, accused the Crees of playing politics with dead children. Therefore, it was only
logical that the process begin with a visit to the only Indian Senator in Parliament, a man
known for his influence in matters pertaining to Canadian Indians. However, we were not
prepared for the initial reception until we realized that Senator Williams was testing us.
"Well, I never read the James Bay Agreement," he said with a knowing glint in his eye.
"In fact, I told the Indian people don't read it - it will only give you ideas!"
Then, to our surprise we noticed a copy of the James Bay Agreement on the Senator's
book shelf and pulled it down to show him where the James Bay Crees lived. We opened a
copy that was crammed full of notes, well-marked and well-read. Senator Williams, a
strong opponent to the signing of the James Bay and Northern Quebec Agreement, heard
us out.
"I didn't like it, but I know the Crees signed it in good faith, "he said, ending our first
meeting. "Now the government will have to keep its side of the bargain."
Signed in 1975, amid cries from some that it was a "sellout" while politicians claimed
that it was "a dawn of a new era for Indian-treaties," the James Bay and Northern
Quebec Agreement did not come easily. From the beginning, it was a continuation of
Indian history in North America! Government-owned and controlled corporations moved
onto Indian land and started constructing a major energy project. There was no
communication with the Indians and Inuit who lived in the territory - not even a letter.
The Native population was not organized to resist politically. But a few Crees, led by
Rupert House's newly elected 21 year-old Chief Billy Diamond, took matters into their
own hands and away from southern Quebec Indian interests.
"If we were going to be flooded out of our land," said Chief Diamond, "we were not
going to take it lying down. We had to fight."
The Crees' first major effort was spent convincing their communities that they could
fight both the government of Quebec and Canada over land ownership rights. This was a
task that sometimes seemed insurmountable because the Crees had limited money and
had to cover a territory the size of France, most of which consisted of isolated villages and
families of trappers living in the bush.
14 INDIAN WORLD
"There were times during those days that we had to sleep on people's floors and use
whatever transportation that was available to get us into the villages," noted Steve
Bearskin, the former administrative chief for the Grand Council of the Crees. "People
got excited over this idea but they had to be convinced that we could pull it off. It was a
hard struggle back then with no funds and both governments pounding on our doorstep to
develop the north."
Meanwhile, construction of the hydro project continued in a kind of "war effort" to
develop energy for sale. The James Bay area was declared "off limits" to citizens of
Quebec and Canada by special government regulations. Anyone passing through the
territory needed special government clearance before they could enter. Roads were pushed
through, and airstrips were hacked out of the tundra without environmental approval. A n
enormous airlift consisting of Hercules aircraft brought men and equipment into the
territory as the project proceeded on a crash basis.
Quebec first argued that it was about to run out of electricity (this was prior to the 1978
energy crisis), later the construction was justified by saying that Canada desperately
needed energy; finally the argument was that Quebec needed electricity to sell to the
United States.
"They didn't care whether we lived here or not," said Robert Kanatewat, the former
chief of Fort George and one of the Crees instrumental in opposing the project. "They
only cared about the dollars that this project would bring them and how they could use it
as political bait to keep them in power."
James Bay became known as "Quebec's Saudi Arabia" and is considered by some
Quebec ministers as the primary economic basis for a free and independent Quebec. At
that time, neither government would talk to the Cree about the project. Quebec was intent
on pushing the project through, and then they ruled out any negotiations with the area's
Native people. They claimed that the Cree and the Inuit had no aboriginal rights to the
land. The federal government's position was that the Cree were "squatters." They said
that the Cree villages were not recognized as "reserves" and had in fact no official status.
Finally, in 1972 the Cree and the Inuit brought their case to the courts. While the case
was in court, construction on the project continued. The danger was that even a
favourable court decision would be too late to do any good. Then, in November 1973,
Justice Malouf rendered his surprise ruling granting an interlocutory injunction, and
ordering work on the project stopped immediately. But what was more important was
that Justice Malouf ruled that the Cree and Inuit of James Bay had aboriginal rights to the
area.
"This was the strongest recognition and interpretation of an aboriginal right rendered
judicially in Canada up to that time, and indeed since," says Harvey Feit, a McGill
University Anthropologist and an expert on the James Bay area. "It was a stronger
interpretation than many lawyers thought possible, and stronger then some thought could
be defended."
But, it took only one week for the government to have the Malouf decision overturned
by Quebec's Court of Appeal. "I couldn't read through the decision in the time that it
took to reverse it," one lawyer recently confessed.
It had its effect on the government's of Quebec and Canada - they now wanted to
negotiate with the Cree and Inuit. Malouf's decision raised the possibility that Indians
might win in the courts, the Quebec government did not want to run the risk of losing the
millions of dollars that were already invested in the project.
INDIAN WORLD 15
The Cree for their part decided to start negotiations for related reasons: the damage was
being done. Delays in court could only produce further and irreparable changes in the
environment. While all would be lost in an unfavourable judgement — negotiation could
lead at least to a compromise and the hope of avoiding total loss of everything that was
valued.
The Cree lost some supporters when they decided to negotiate. "The core of the
Canadian supporters were environmentalists for whom the massive hydro-electric project
was a monstrosity," claims Professor Feit. "They supported the Cree and Inuit struggle
against the project largely in the hope that they could stop it entirely. The aboriginal rights
issues were not of great importance to them.
Not totally realizing it, the Cree leadership entered a new phase in their struggle, and
for the next two years their lives belonged to the negotiations process. Day after day, and
hour after hour, were devoted to sitting through meetings on strategy, writing position
papers, giving public speeches, attending band council meetings, living in hotels and
hashing out sections in the proposed agreement.
"In some of these meetings, the government's negotiators would scan their copy of the
Alaska Native Claims Settlement Act before they would make us an offer," stated Chief
Diamond, remembering those heady times. "And then there were nights when we didn't
sleep because we were involved in intense discussions. It wasn't an easy time but there
were some interesting fights."
The Cree who negotiated the James Bay Agreement were not professional negotiators.
They were hunters from remote villages - all in their early twenties - and with no more
than a high school education. Their counter-parts for the governments were trained
lawyers and professionals.
Unlike earlier treaty negotiations in Canada, the James Bay experience swiftly became
national and international news. Throughout Canada, public support groups organized
"Save James Bay" rallies and newspapers ran editorials denouncing Canada and
Quebec's lack of concern for the Cree and the Inuit's way of life. This era came abruptly
to a close in November 1975 when an agreement between the Natives and the government
was signed.
The James Bay and Northern Quebec Agreement is a thick complex document. It is a
modern-day treaty because it contains the surrender and extinguishment of Indian title in
exchange for other benefits. Although it called for cash compensations payments (on the
instalment plan) amounting to $225 million dollars and the allotment of 5000 square miles
of land, it also promised more and better services to the Cree and Inuit. Therefore, in
return for surrendering real estate the size of France, the Cree were to have written into
the Agreement provisions for their own school board, their own health board, better
transportation services into their communities, assistance in economic development for
their territory and protection of the traditional life of hunting, fishing, and trapping on
the land - the Crees' means of survival since the beginning of time.
In short, the Cree and the Inuit simply asked for what other Canadians take for granted
— control over their lives and adequate medical services for their communities. The
difference, however, is that they were forced to give up the ownerhip of half of Quebec
for a pittance of its true value.
16 INDIAN WORLD
SIX YEARS L A T E R — T H E
A G R E E M E N T ' S S T A T E OF
HEALTH
In August 1980 the Grand Council of
the Cree was abruptly shaken when it
received word that four-month old
Tommy Wapachee had died. Born in the
isolated community of Nemaska, Tommy
had been flown into Val d' Or for medical
treatment. He was suffering from
constant diarrhea and vomiting,
symptoms that are typical of gastroenteritis, a major killer in the third world.
Although Tommy was taken several times
to the St. Sauveur Hospital in Val d'Or,
he was never admitted. The official
verdict of Tommy Wapachee's last illness
was "crib death".
This blatant notice forced the Grand
Council to take action. It contacted the
eight villages requesting up-to-date
information on any illness. The
information was appalling. In Nemaska
the smallest village, population 200, four
children were born that year and four
children died. This was Nemaska's total
generation - wiped out in a few months.
In total the Grand Council found that
eight children had died.
Later it was learned that government
authorities had since been aware of a
virulent epidemic of gastro-enteritis
originating in the coastal Inuit villages.
But nothing was done to correct the
situation. As the facts slowly emerged, it
became apparent to the Grand Council
that something had to be done - fast!
TO BE CONTINUED IN N E X T ISSUE.
Indian humor exhibited by Archie Pootlass
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EDITORIAL
What causes a man to come up and fight another round when he should stay down? No
matter how difficult the time may be, Indian people always come back with a smile
saying, "Yes, I'm still here". Defeat is a term Indians have proven time and time again
that they shall never claim or accept. The deep belief that cannot be uprooted is the
Aboriginal Right to the land and its resources. It is for this reason that many Indian
individuals responded to the words of their Chiefs. What they responded to was a request
for their help, to pay for the legal court costs in England. Indian people should feel proud
for taking part in the war that is still going on today in this twentieth century. Many
thanks are to be given to tribes that organized their people and had various fund raising
events and encouraged individuals to donate again and again. The battle is not over. In
fact, I'm sure our children shall be replacing us all eventually in our fight. We stand side
by side in spirit and with great understanding knowing that today is our day to fight and
tomorrow shall be our children's fight. The list below are of the Tribes and individuals
that have donated their money through various fund raising events in each area. Without
their assistance and generosity, the court battles would not have gone as far as they have
to date. The fight goes on.
South Island District Council
Hope Band
Chemanius Band
Pavillion Band
Quesnel Band
Lillooet Indian Band
Songhees Band
McLeod Lake Band
Darcy Band
Garden River Band, Ontario
Louis Claxton
George Harris
Micheal Charlie
Andrew Thomas
Peter Smith
Cowichan Band
Tsawout Band
Morricetown Band
Fort Nelson Band
Bridge River Band
Kootenay Area Indian
Council
East Fraser District
Skookumchuk Band
Fountain Band
Lillooet District Council
Kasechewan Band, Ontario
Charles Jones, Jr.
Ray Harris
John Albany
Wilson Bob, Jr.
Steven Point
It appears George couldn't resist the aroma
of Indian food from the fridge in the next
room.
— |
INDIAN©WORLD
“THE CHOICE IS OURS”
JULY 1982
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OUR INDIAN OCEANS
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THE OCEANS, LAKES,
RIVERS, & STREAMS,
SUPPLY OUR FOODS
DAILY. TODAY
FISHERIES AND CON-
SERVATION OFFICERS
TELL OUR PEOPLE
WHEN TO HUNT, FISH,
DIG CLAMS, ABALONE
& MANY MORE OF
OUR MARINE
RESOURCES.
IT IS OUR ABORIGINAL
RIGHT TO GATHER
THESE INDIAN FOODS
IS Tf NOT?
GOLDEN @
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SALMON
ARM
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KELOWNA KIMBERLEY) FeEANIE
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INDIAN©WORLD
“THE CHOICE IS OURS"
The Indian World is the official voice of
the Union of British Columbia Indian
Chiefs. It is dedicated to building a strong
foundation for the implementation of In-
dian Governments at the Band level. It
operates solely through mandates and
resolutions passed at each General
Assembly each year in which reports are
given at the years end. The President is
answerable to Chiefs Council; during the
year council is chosen through elections
at each opportunity to be a part of the
organization through their process of
decision-making. Signed articles and opi-
nions are the views of the individuals con-
cerned and not necessarily those of the
LEB Cre:
EDITOR: Herman Thomas
WRITTEN CONTRIBUTIONS: Presi-
dent Robert Manuel, Legal Department,
Clo Ostrove, Chief Roger Adolph, Alfred
Recalma from Arrowsmith Star,
Parksville, Indian Paraplegic from Indian
Voice, Simon Danes.
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TABLE OF CONTENTS
Indian World Magazine............ 1
President’s Message........sessses0 2
Special General Assembly.......... 3
Legal Case for Indian World...... 5
Picture of History of Our
Fishing Rights...c..-s.ss0sessrsses 6
Chief goes to Jail for Fishing...... 7
Roger Adolph County
Court of Appeal.......... pak rles 8
Indian Paraplegic.............e.ees+« 9
Constitution Opinion.............. 10
Phis Mean: occas env eecteretes ca wile
What I Love and Hate............. 13
COTS ates Beaten es tervderstsiecenktesie 14
ECitonialis ccccccccceedcene Back Cover
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INDIAN WORLD 1
J
PRESIDENT’S
MESSAGE
The international law of self-determination has always been practiced by the Indian
nations since the Creator put us on the earth and we continued to exercise this right with
the coming of the European. Our relationship with them was one of mutual respect
between sovereign nations — it was based on the understanding that the Indian and
European systems and institutions would co-exist in Canada. The breakdown of this
relationship had its beginnings in the days of the Indian Agents, whereby our freedom to
choose our economic, social, and cultural priorities were being undermined. The agent’s
control over allocation of Band funds allowed him the power to manipulate Indian
communities to serve the political goals of the Department. Although it is larger and more
complex and sophisticated, this system still thrives in the Department of Indian Affairs
today. This is the concern that the Union of B.C. Indian Chiefs presented to the Standing
Committee on Indian Affairs during its visit to British Columbia.
Our concerns were well supported with the facts and statistics that were brought to the
hearing. It was indicated that, for the ten bands with the lowest DIA funding, their
average is $153.71 per capita. And for the ten bands with the highest level of DIA
funding, their average is $3,261.10 per capita. Of all the bands in B.C. the average per
capita funding is $1,347.47 — 68% of the 194 bands received less than this while only 32%
received more. Who determined what the funding priorities were? How were they
determined?
The true nature of the administration of DIA was illustrated in the examples we cited.
The per capita funding for two northern semi-isolated bands were compared: one received
$174.00 per person while the other received $1,084.00 per person. In a second example we
compared a northern rural band with a southern rural band and found that the per capita
funding ranged from $481.00 to $1,312.00. Why is there such an inequity in the funding
of two very similar bands? Why does the Department decide to so generously fund some
bands while the financial needs of other bands go unmet?
The root of the problem lies in the fact that there is no established policy for the fair
distribution of funds to our Indian Governments. With no clear formula the system
allows for abuse and manipulation of our communities. These funds, which rightfully
belong to our people, should not be used as political leverage for civil servants of the
Department to reward those bands who conform to DIA wishes and to punish those who
exercise their right to self-determination. Thus we recommended to the Standing
Committee on Indian Affairs that an equitable funding formula be developed at the
political level and put in place as soon as possible. The success of such a policy would
require a good spirit of cooperation between our Indian nations and the federal
government. Such a move could provide the means of restoring the relationship which
existed upon the arrival of the Europeans.
As one of our recommendations, we invited the Standing Committee to visit some
bands to see for themselves the effects of the poor funding practices of DIA on the lives of
our people. In light of the information provided to the Committee we made the third
recommendation that their members commit themselves to act soon. A joint effort must
be made to put an end to the stranglehold that DIA has on our communities so that we can
once again exercise our freedom of choice.
N _#
2 INDIAN WORLD
SPECIAL CHIEFS
GENERAL
ASSEMBLY
VANCOUVER
INDIAN FRIENDSHIP
CENTRE
oF
1607 EAST HASTINGS STREET
VANCOUVER, B.C.
The Union of B.C. Indian Chiefs have scheduled a Special Chiefs General Assembly to be
held on June 22, 23, 24, 1982. The Special Assembly has been called to address issues of
common concern to our Indian Governments; however at this point we have identified '
three areas which need your urgent attention. These include:
1. The election of a Vice-President to represent us nationally on the recently
established Assembly of First Nations.
2. The election of six representatives to represent us nationally on the Confederacy of
Chiefs of the Assembly of First Nations.
3. The establishment of a process, terms and conditions for our participation at the
Federal/Provincial Governments First Minister§ Conference on the Constitution.
The election of a National Vice-President and National Representatives to the
Confederacy of Chiefs of our First Nations Assembly is essential before July 1, 1982. We,
along witfl other Chiefs across Canada agreed to elect our permanent representatives
before July 1, 1982. We have therefore included this as an important item to be dealt with
at this Special Assembly.
We also need to determine our role in participating at the up-coming First Ministers’
Conference. The First Ministers’ Conference, consisting of the Prime Minister and ten
Premiers, is scheduled to meet within one year of the Constitution having being patriated.
Other issues to be discussed are topics the government has already choosen as topics. They
are Land Claims, Indian self-government, Delivery of service, Indian Economic
Development, Hunting, Fishing & Trapping.
*These items are to be discussed and determined whether they are acceptable or whether
we discuss other items.
Fil
_/
INDIAN WORLD 3
Indian fisherman from our past whose culture and methods of fishing have not changed.
\
4 INDIAN WORLD
LEGAL CASE
FOR INDIAN
_WORLD
In May, 1981, a number of Indian persons were charged with ‘‘failing to enter Canada at
a port of entry and failing to report to an Immigration Officer for examination’’, an
offence under the Immigration Act. All the persons charged had come into Canada by
way of what is commonly called in the area, the ‘‘Indian Border’’. All the persons
charged with the offence are members of the Kootenay Nation and belong to either the
Tobacco Plains or St. Mary’s Indian Bands. The ‘‘Indian Border’’ is a route that leads
from the United States, across the 49th parallel, onto the Tobacco Plains Indian Reserve.
The people have pleaded ‘‘not guilty’’ and the trial of the matter is to be held on June 9,
1982, at Fernie, B.C. .
The International Boundary was defined by the British and American governments in
the middle of the 19th century. This Boundary cut across the Kootenay traditional
territory and divided the Kootenay Nation. At the time the Boundary was defined the
Indian Nations were assured that their right to pass and repass the Boundary would not be
impeded. In addition to dividing families, the Boundary interfered with the Kootenay
traditional way of traversing their territory during hunting and fishing seasons. When
Indian Reserve Commissioner O’Reilly arrived at Tobacco Plains Indian Reserve in 1884
for the purpose of setting aside Indian Reserves, he had the following conversation with
Chief David:
O’Reilly: ‘‘We cannot talk about United States lands; it is on the other side of the
boundary.”’ iS
David: ‘‘What is the meaning of this boundary line? It runs through the middle of my
house. My home is on both sides. Why should you, without asking me or considering
me, divide my property in two and also divide my children?’’
The Kootenay Nation say that they have never surrendered their right to traverse their
traditional territory and that neither the International Boundary nor the Immigration Act
can interfere with their right to enter their land.
The member Bands within the Kootenay traditional territory (on both sides of the
Boundary) continue to this day to maintain their tribal and cultural ties through a variety
of joint activities.
Clo Ostrove
seth
INDIAN WORLD 5
ae
6 INDIAN WORLD
HISTORY OF
OUR
FEDERAL FISHERIES
DISCREDITS
HARRASSMENT,
CLOSURES
CUTTING OF NOSE AND DORSAL FIN
ISCATION OF OUR FISH, CARS AND G
(CHARGES LALD
OBSERVATION
‘ ATION
CHIEF GOES TO
JAIL FOR FISHING
Roger Adolph is a newly elected Chief of Fountain Indian Band. He has chosen a jail term
rather than pay a fine given to him by a judge for fishing in his own Aboriginal fishing
grounds. which is the same place his ancestors have fished for centuries. His reasons are
very simple, it is based on principle. He and many other Indian people believe and know
that he is NOT GUILTY. No crime has been committed, he has merely exercised his
Aboriginal Right to fish. This is the very same reason Indians throughout the province are
continuing to plead not guilty to not only fishing charges, but also to hunting and
trapping charges laid by Federal Fisheries and Conservation officers.
In the past three years Indian people have reversed their pleas from the ‘then normal
manner’ of pleading guilty to not guilty. If Indian people were guilty, it was for not
fighting for their rights and having them continually eroded in the name of conservation.
Conservation is one thing but to only regulate Indian people is another matter, which only
causes suspicion and mistrust. If the depletion of fish is so close at hand then why are
there not stricter laws imposed on commercial and sport fishermen, and polluters of our
rivers, lakes, and streams. A method that could be implemented is paying the fishermen
not to fish, rather than spending millions of dollars te enhance the resources.
Perhaps it’s time for Indians to choose jail terms rather than paying a fine, if found
guilty in the name of justice. Principle and honor are a great part of Indian people, that is
why you have Indians standing with great pride and dignity saying, ‘‘Not Guilty, Your
Honor’’. Going a step further, as Roger found necessary, he was found guilty and would
not pay a fine for doing something he believed was his Aboriginal Right to do. In fact, he
believes Fisheries are regulating and harassing Indian people as the law is designed now.
This is not restricted just to fishing, hunting, and trapping, but now is extended to the
marine resources. On Vancouver Island Indian people are being charged for illegally
digging clams. Indians do not just depend on these resources, but it is also a part of their
life. The resources cannot be stripped from the lives of the Indian people by a mere stroke
of a pen, nor by fines and intimidation and harassment by Fisheries and Conservation
officers. Elders have quoted time and time again, the people and resources are
inseparable, it is their way of life, it is their culture.
~
INDIAN WORLD 7
County Court Registry
Box 639
Court House
Ashcroft, B.C.
VOK 1A0
March 18, 1982
Attention: Clerk of the Court
Dear Sirs:
Re: Roger Adolph — County Court Appeal
I would ask you to kindly bring this letter to the attention of the Judge. I would also
welcome the opportunity of reading this letter into the record when my case is called on
the 23rd day of March 1982.
I abandon my case, yet I do not concede that the Department of Fisheries is right in
charging me with food fishing at our fishing rock with a dip net on August 17,1979.
I am an Indian person of the Lillooet Nation and according to our law I have a right to
fish for food in our rivers as my forefathers have fished since time immemorial. Our law
was confirmed by the Queen’s law. By the Royal Proclamation of 1763 our aboriginal
rights were protected until we consented to surrender them to the Crown. The Lillooet
Nation has never surrendered our rights. When our reserves were established the Queen’s
representatives confirmed on her behalf that fishing rights would be protected on the
Fountain Indian reserve. I was fishing on the Fountain Reserve on August 17, 1979.
When I was arrested, I was asked by the Justice of the Peace if I understood the charge
against me. I did not understand and I told him so. According to my beliefs, I had not
broken any law.
I abandon my case because the Government has refused or neglected to bring Canada’s
law in line with the Queen’s law and our Indian law. I am told that this Court must enforce
the Fisheries Act. I have no interest in advancing a defence which is based on a technical
argument; nor can I in good faith give any reason for my fishing other than the true one.
Our elders have given up so many fishing days to live within Fisheries law. They
cooperated because they were told that they were helping the salmon. But the elders see
that fewer salmon come up our rivers today than before. The stocks are depleted by the
commercial fishery and through industrial waste under the supervision and management
of the Department of Fisheries.
I will not take up any more of the court’s time.
Yours very truly,
Roger Adolph
8 INDIAN WORLD
ae, Jia Eee. ot
INDIAN
PARAPLEGIC
Five years ago an accident left Oliver Cardinal confined to a wheelchair. But the chair has
wheels, so Cardinal used them to get around to work and to meet people as a dispatcher
for the last two and a half years for local 168 of the Tunnel and Rock Workers Union in
Fort St. John. Now he is coordinator for the Indian services for the B.C. division of the
Canadian Paraplegic Association and wishes to contact all other Indian paraplegics in the
province in order to assist them in adjusting to their disabilities.
Despite the success of the Association’s program, the B.C. Division recognized it had
one major deficiency; the rehabilitation staff lacked the understanding to provide
effective counselling and support services to disabled Indian people.
Oliver Cardinal’s duties will be to act as a consultant to the rehabilitation staff to
provide a better understanding of the unique cultural needs of disabled Indian people in
adjusting to their disabilities. Cardinal will also act as a liaison with the different Bands
throughout the province to facilitate community development TO IMPLEMENT
PREVENTATIVE PROGRAMS. He will be working to identify community resources
which could assist in meeting the needs of the disabled Indian people, as well as
developing a working relationship with government and community agencies. For further
information regarding the proposed project please contact Oliver Cardinal at S.W.
Marine Drive, Vancouver, B.C. Telephone 324-3611.
— from the Jndian Voice
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INDIAN WORLD 9
CONSTITUTION
OPINION
One of the big Constitution issues is Native rights.
Do natives have sufficient rights? Are they fair?
Have the rights of the Canadian Indian actually been faithfully considered by any
government, provincial or national?
One of the most eloquent and outspoken individuals on Native and human rights is
Alfred Recalma of the Qualicum Beach Indian Band.
His letters to queens, dukes, prime ministers, premiers, newspapers editors and talk
show hosts have revealed a singleness of purpose and determination that the Indian
perspective will not be lost, distorted or forgotten.
Recalma was born on August 18 in 1903 near the mouth of the Big Qualicum River.
His early schooling was taken at Alberni Residential School in Port Alberni from 1911
to June of 1920.
In those days, he and his school mates took the train from home to Cameron Lake and
from there were transported to school “‘over the hump’’ on a wagon teamed by four
horses.
Following are his comments about the Canadian Constitution:
This is how I view the Constitution. It stinks and following are reasons why I say it stinks.
We (Indians) have no say in its contents, yet we are the true people of this vast country.
We did not emigrate here, all our legends tell us that we have been here for thousands of
years. Studies now show that our legends are tre.
You law makers swear on the Bible, yet nowhere in your Bible does it say you should go
and conquer and enslave other people.
Remember the commandments, especially the one which says ‘Thou shalt not covet thy
neighbour’s property.’ Just how many eee eas have you broken since you came
to our shores?
The very first chee-cha-cos, meaning newcomers, were received with open arms. Our
help was a blessing to you. We showed you the trails to follow, and paddled you in our
canoes where there were no trails. In fact where would you had been if it wasn’t for our
pemmican that saved you from starvation?
We gathered the furs which made you wealthy yet at every turn you cheated us.
In the war of 1812 we fought side by side with you; two events stand out in my mind
when I read the history of that war. Once when the English wanted to run Tecumseh said
“Run if you wish but leave us your guns, for here we will stand and if need be leave our
bones, for this is Our Land.”’
»
10 INDIAN WORLD
The other was the Battle of Beaver Dams. It’s recorded in history as been fought
entirely by Indians.
When the war was over you made laws that we should be put in reservations, put in
Residential schools, oh yes we were not good enough to go to your public schools. I could
still hear your words ‘‘why don’t you Indians go to your own schools’’. :
Your language was stuffed down our throats. You were very domineering when you
had guns and we had bows and arrows.
Who are you to make laws against us in our own Country? Just imagine how ludicrous
it is saying we have no aboriginal rights. Look what you are protesting against today the
aggressors. This is what you’ve been since you set foot on Our Land, The Aggressor.
Read true history of B.C. When Governor Douglas retired in the 1850’s the land policy
fell in the hands of Joseph Trutch; he hated the Indians and worked in every devious way
possible to obtain Indian lands. .
Half of Canada has never been surrendered and the resources. Not that we want this
land but we want an economic zone where we have a say as to its use. The same principal
as Canada now lays claim to the 200 mile economic sea zone.
We will never never relinquish these claims. We will broadcast to the world our
grievances, We will appear at every world capital city, at the United Nations and to the
Pope.
We should keep in mind the words of Chief Poundmaker when he said, ‘‘It would be so
much easier just to fold our hands and not make this fight - to say I, one man can do
nothing. I grow afraid only when I see people thinking and acting like this.
*“We all know the story about the man who sat beside the trail too long, and then it
grew over and he could never find his way again. We can never forget what has happened,
but we can never go back, nor can we just sit beside the trail.”’
The words of one of your provincial ministers ‘‘sticks in my craw’’. He said ‘‘Indians
go back to your reserves.’’ Our reserve in Canada. Being a racist is not all bad if you use it
only to be proud of yourself and your people. You should at no time slur or name-call
anyone regardless.
The Fish and Game Federation have a thing going for them. Their literature is hate the
Indian. The Indian they say is responsible for the Salmon scarcity. They are too
prejudiced to think properly, that before they arrived on the scene the streams and rivers
were literally teeming with salmon.
A gold mine which spewed poison into two streams and killed salmon is still operating.
When the signs on these streams read, Poisoned water, no one told the animals and birds.
I ask why we are not marching with signs saying, No poison in our waters.
I say to you ‘“‘belly achers’’ if you’re not part of the solution you’re part of the
problem. What about all our other resources? The cupboard is bare and nothing in the
sock. Our chiefs looked after their people, and when there was war they were in the
forefront leading their people. Your chiefs sit at home and give orders.
In a news item the other night an Indian chief said, he is making a strong effort to help
his people otherwise they would be peeing on his grave when he died, maybe that’s why I
strive so hard.
That’s for sure I don’t want my people peeing on my grave.
Copied from Arrowsmith Star — Parksville
J
INDIAN WORLD 11
THIS LAND
\N
12 INDIAN WORLD
Tall and silent and straight I stand.
I’ve watched them take away my land.
Friendship and peace I wanted to give.
And all I requested - the right to live,
to hunt, to roam, as I did before.
But they took that too, and much, much more.
They put me on a reservation
and labeled me ‘‘a minority nation’’.
The stripped me of my pride, my shame.
The called me savage and other such names.
For years they pretended I didn’t exist.
But now that I stand and try to resist.
They call me militant, angry, and cruel.
They say I break the Golden Rule.
It was they who stole my life, my land.
So now the time has come to stand.
To let them know how I feel.
To tell them I want a better deal.
Friendship and peace is still the aim.
But now it’s a brand new game.
I’ll not longer sit back taking welfare and boozing.
I’ll know what’s at stake and what I’ll be losing.
I still stand tall - not so silent, but straight.
And the time has come, I’ll no longer wait.
I want my lands, my rights made clear.
I want it now and not next year.
Simon Danes
=
(
A dignified Indian from our past but still a part of
our present,
I’m an Indian and full of life ~ T love life
my Ancestors, I know I’m Indian and proud
would be proud I don’t need that which kills
That I hate my soul, my spirit
what I hate. and my life
I don’t need alcohol or any drugs I'm alive, I’m alive
I’m an Indian, and proud and
Why should I want So glad that I hate that
that which kills NONE Ear)
and destroys.
is 5
INDIAN WORLD 13
CREE
\
Oct. 12, 1981
Robert J. Epstein and Gary H. George
‘‘Where is James Bay? How many Crees are there?’’ asked Senator Guy Williams trom
British Columbia. ‘‘And that fellow Billy Diamond, is he still their leader?’’
This was the beginning of the current James Bay Cree push to inform the Canadian
public and Ottawa’s bureaucrats and politicians about Canada and Quebec’s failure to
implement the ‘‘James Bay and Northern Quebec Agreement’’. Action that was only
taken after Dan Goodleaf, a highly placed Indian Affairs, civil servant of Mohawk
descent, accused the Crees of playing politics with dead children. Therefore, it was only
logical that the process begin with a visit to the only Indian Senator in Parliament, a man
known for his influence in matters pertaining to Canadian Indians. However, we were not
prepared for the initial reception until we realized that Senator Williams was testing us.
**Well, I never read the James Bay Agreement,”’ he said with a knowing glint in his eye.
‘In fact, I told the Indian people don’t read it - it will only give you ideas!”’
Then, to our surprise we noticed a copy of the James Bay Agreement on the Senator’s
book shelf and pulled it down to show him where the James Bay Crees lived. We opened a
copy that was crammed full of notes, well-marked and well-read. Senator Williams, a
strong opponent to the signing of the James Bay and Northern Quebec Agreement, heard
us out.
‘*] didn’t like it, but I know the Crees signed it in good faith, ‘‘he said, ending our first
meeting. ‘‘Now the government will have to keep its side of the bargain.”’
Signed in 1975, amid cries from some that it was a ‘‘sellout’’ while politicians claimed
that it was ‘‘a dawn of a new era for Indian~-treaties,’’ the James Bay and Northern
Quebec Agreement did not come easily. From the beginning, it was a continuation of
Indian history in North America! Government-owned and controlled corporations moved
onto Indian land and started constructing a major energy project. There was no
communication with the Indians and Inuit who lived in the territory - not even a letter.
The Native population was not organized to resist politically. But a few Crees, led by
Rupert House’s newly elected 21 year-old Chief Billy Diamond, took matters into their
own hands and away from southern Quebec Indian interests.
“If we were going to be flooded out of our land,’’ said Chief Diamond, ‘‘we were not
going to take it lying down. We had to fight.”’
The Crees’ first major effort was spent convincing their communities that they could
fight both the government of Quebec and Canada over land ownership rights. This was a
task that sometimes seemed insurmountable because the Crees had limited money and
had to cover a territory the size of France, most of which consisted of isolated villages and
families of trappers living in the bush.
14 INDIAN WORLD
‘‘There were times during those days that we had to sleep on people’s floors and use
whatever transportation that was available to get us into the villages,’’ noted Steve
Bearskin, the former administrative chief for the Grand Council of the Crees. ‘‘People
got excited over this idea but they had to be convinced that we could pull it off.It was a_
hard struggle back then with no funds and both governments pounding on our doorstep to
develop the north.”’
Meanwhile, construction of the hydro project continued in a kind of ‘‘war effort’’ to
develop energy for sale. The James Bay area was declared ‘‘off limits’’ to citizens of
Quebec and Canada by special government regulations. Anyone passing through the
territory needed special government clearance before they could enter. Roads were pushed
through, and airstrips were hacked out of the tundra without environmental approval. An
enormous airlift consisting of Hercules aircraft brought men and equipment into the
territory as the project proceeded on a crash basis.
Quebec first argued that it was about to run out of electricity (this was prior to the 1978
energy crisis), later the construction was justified by saying that Canada desperately
needed energy; finally the argument was that Quebec needed electricity to sell to the
United States.
**They didn’t care whether we lived here or not,’’ said Robert Kanatewat, the former
chief of Fort George and one of the Crees instrumental in opposing the project. ‘‘They
only cared about the dollars that this project would bring them and how they could use it
as political bait to keep them in power.”’
James Bay became known as ‘‘Quebec’s Saudi Arabia’’ and is considered by some
Quebec ministers as the primary economic basis for a free and independent Quebec. At
that time, neither government would talk to the Cree about the project. Quebec was intent
on pushing the project through, and then they ruled out any negotiations with the area’s
Native people. They claimed that the Cree and the Inuit had no aboriginal rights to the
land. The federal government’s position was that the Cree were “‘squatters.’’ They said
that the Cree villages were not recognized as ‘‘reserves’’ and had in fact no official status.
Finally, in 1972 the Cree and the Inuit brought their case to the courts, While the case
was in court, construction on the project continued. The danger was that even a
favourable court decision would be too late to do any good. Then, in November 1973,
Justice Malouf rendered his surprise ruling granting an interlocutory injunction, and
ordering work on the project stopped immediately. Rut what was more important was
that Justice Malouf ruled that the Cree and Inuit of James Bay had aboriginal rights to the
area.
**This was the strongest recognition and interpretation of an aboriginal right rendered
judicially in Canada up to that time, and indeed since,’’ says Harvey Feit, a McGill
University Anthropologist and an expert on the James Bay area. ‘‘It was a stronger
interpretation than many lawyers thought possible, and stronger then some thought could
be defended.’’
But, it took only one week for the government to have the Malouf decision overturned
by Quebec’s Court of Appeal. ‘‘I couldn’t read through the decision in the time that it
took to reverse it,’’ one lawyer recently confessed.
It had its effect on the government’s of Quebec and Canada - they now wanted to
negotiate with the Cree and Inuit. Malouf’s decision raised the possibility that Indians
might win in the courts, the Quebec government did not want to run the risk of losing the
millions of dollars that were already invested in the project.
S/S
INDIAN WORLD 15
\
The Cree for their part decided to start negotiations for related reasons: the damage was
being done. Delays in court could only produce further and irreparable changes in the
environment. While all would be lost in an unfavourable judgement — negotiation could
lead at least to a compromise and the hope of avoiding total loss of everything that was
valued.
The Cree lost some supporters when they decided to negotiate. ‘‘The core of the
Canadian supporters were environmentalists for whom the massive hydro-electric project
was a monstrosity,’’ claims Professor Feit. ‘‘They supported the Cree and Inuit struggle
against the project largely in the hope that they could stop it entirely. The aboriginal rights
issues were not of great importance to them.
Not totally realizing it, the Cree leadership entered a new phase in their struggle, and
for the next two years their lives belonged to the negotiations process. Day after day, and
hour after hour, were devoted to sitting through meetings on strategy, writing position
papers, giving public speeches, attending band council meetings, living in hotels and
hashing out sections in the proposed agreement.
“In some of these meetings, the government’s negotiators would scan their copy of the
Alaska Native Claims Settlement Act before they would make us an offer,’’ stated Chief
Diamond, remembering those heady times. ‘‘And then there were nights when we didn’t
sleep because we were involved in intense discussions. It wasn’t an easy time but there
were some interesting fights.’
The Cree who negotiated the James Bay Agreement were not professional negotiators.
They were hunters from remote villages - all in their early twenties - and with no more
than a high school education. Their counter-parts for the governments were trained
lawyers and professionals.
Unlike earlier treaty negotiations in Canada, the James Bay experience swiftly became
national and international news. Throughout Canada, public support groups organized
**Save James Bay’’ rallies and newspapers ran editorials denouncing Canada and
Quebec’s lack of concern for the Cree and the Inuit’s way of life. This era came abruptly
to a close in November 1975 when an agreement between the Natives and the government
was signed.
The James Bay and Northern Quebec Agreeffient is a thick complex document. It is a
modern-day treaty because it contains the surrender and extinguishment of Indian title in
exchange for other benefits. Although it called for cash compensations payments (on the
instalment plan) amounting to $225 million dollars and the allotment of 5000 square miles
of land, it also promised more and better services to the Cree and Inuit. Therefore, in
return for surrendering real estate the size of France, the Cree were to have written into
the Agreement provisions for their own school board, their own health board, better
transportation services into their communities, assistance in economic development for
their territory and protection of the traditional life of hunting, fishing, and trapping on
the land - the Crees’ means of survival since the beginning of time.
In short, the Cree and the Inuit simply asked for what other Canadians take for granted
— control over their lives and adequate medical services for their communities. The
difference, however, is that they were forced to give up the ownerhip of half of Quebec
for a pittance of its true value.
16 INDIAN WORLD
SIX YEARS LATER — THE
AGREEMENT’S STATE OF
HEALTH
In August 1980 the Grand Council of
the Cree was abruptly shaken when it
received word that four-month old
Tommy Wapachee had died. Born in the
isolated community of Nemaska, Tommy
had been flown into Val d’Or for medical
treatment. He was suffering from
constant diarrhea and vomiting,
symptoms that are typical of gastro-
enteritis, a major killer in the third world.
Although Tommy was taken several times
to the St. Sauveur Hospital in Val d’Or,
he was never admitted. The official
verdict of Tommy Wapachee’s last illness
was ‘‘crib death’’.
This blatant notice forced the Grand
Council to take action. It contacted the
eight villages requesting up-to-date
information on any illness. The
information was appalling. In Nemaska
the smallest village, population 200, four
children were born that year and four
children died. This was Nemaska’s total
generation - wiped out in a few months.
In total the Grand Council found that
eight children had died.
Later it was learned that government
authorities had since been aware of a
virulent epidemic of gastro-enteritis
originating in the coastal Inuit villages.
But nothing was done to correct the
situation. As the facts slowly emerged, it
became apparent to the Grand Council
that something had to be done - fast!
TO BE CONTINUED IN NEXT ISSUE.
yi
Indian humor exhibited by Archie Pootlass
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EDITORIAL
What causes a man to come up and fight another round when he should stay down? No
matter how difficult the time may be, Indian people always come back with a smile
saying, ‘‘Yes, I’m still here’’. Defeat is a term Indians have proven time and time again
‘that they shall never claim or accept. The deep belief that cannot be uprooted is the
Aboriginal Right to the land and its resources. It is for this reason that many Indian
individuals responded to the words of their Chiefs. What they responded to was a request
for their help, to pay for the legal court costs in England. Indian people should feel proud
for taking part in the war that is still going on today in this twentieth century. Many
thanks are to be given to tribes that organized their people and had various fund raising
events and encouraged individuals to donate again and again. The battle is not over. In
fact, I’m sure our children shall be replacing us all eventually in our fight. We stand side
by side in spirit and with great understanding knowing that today is our day to fight and
tomorrow shall be our children’s fight. The list below are of the Tribes and individuals
that have donated their money through various fund raising events in each area. Without
their assistance and generosity, the court battles would not have gone as far as they have
to date. The fight goes on.
South Island District Council John Albany
Hope Band Wilson Bob, Jr.
Chemanius Band Steven Point
Pavillion Band
Quesnel Band
Lillooet Indian Band
Songhees Band
McLeod Lake Band
Darcy Band
Garden River Band, Ontario
Louis Claxton
George Harris
Micheal Charlie
Andrew Thomas
Peter Smith
Cowichan Band
Tsawout Band
Morricetown Band
Fort Nelson Band
Bridge River Band
Kootenay Area Indian
Council
East Fraser District
Skookumchuk Band
Fountain Band
Lillooet District Council
Kasechewan Band, Ontario
Charles Jones, Jr.
Ray Harris
It appears George couldn’t resist the aroma
of Indian food from the fridge in the next
room.
Part of Indian World (July 1982)