Periodical
Indian World (January 1983)
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- Title
- Indian World (January 1983)
- Is Part Of
- 1.06-01.04 Indian World
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- January 1983
- Language
- english
- Identifier
- 1.06-01.04-05.01
- pages
- 16
- Table Of Contents
-
Sub-Committee of Indian Self-
Government Cover Story........ 2
Table of Contents................ 3
Letter to Fisheries.............4 & 5
Musqueam Case..............6& 7
Traditional Wisdom.............. 8
Comment on Racism.............. 9
Tsartlip Hunting Case.............10
Crafts Needed...................11
First Nations Goal................12
World Family of First Nations......13
Children Burn...................14
Poached Salmon.................15
Fishing On The Fraser............16 - Contributor
- Herman Thomas
- Chief Art Jones
- Donna Anthony
- Type
- periodical
- Transcription (Hover to view)
-
INDIAN WORLD
" T H E CHOICE IS OURS"
JANUARY
1983
HOUSE OF C O M M O N S
CANADA
S U B - C O M M I T T E E ON INDIAN
SELF-GOVERNMENT
T h e S u b - c o m m i t t e e on I n d i a n S e l f - G o v e r n m e n t of the S t a n d i n g
Committee on Indian Affairs and Northern Development of the House
of C o m m o n s will be holding meetings to examine the Government of
Canada's total financial and other relationships with Indian people, and
to review a l l legal a n d i n s t i t u t i o n a l factors affecting the status,
development a n d responsibilities of Band Governments on Indian
reserves.
Individuals and organizations wishing to make written submissions to
the Sub-committee relating to the aforementioned subjects may do so in
French, English or both official languages.
If possible, submissions should be typed on 28 cm by 22 cm paper, with
margins of 3 cm by 2 cm.
A l l written submissions and / or requests to appear should be addressed
to:
Clerk
Sub-committee on Indian
Self-Government
House of C o m m o n s
Ottawa, Ontario
K1A 0A6
The Sub-committee reserves the exclusive right of selecting the witnesses
who will be invited to appear before it.
KEITH PENNER, M P .
Chairman
COVER STORY
The Indian World Magazine cover is a
carved door done by Ted Barton & Mitchel Morrisson. At the moment if you
wish to participate in a draw for a door
similar to the cover. Tickets are
available from the union office, if you
could send $5.00 I'll send you a ticket
which entitles you to first prize which is
the door or $1500.00 in cash.
Coast Art Canada is an Indian company that is incorporated which solicits
customers for Indian carved doors.
This company will wholesale to Indian
People or Indian Bands, an ideal
method for fund raising. For more information write Coast Art Canada Incorporated, Box 667, Vancouver, B.C.
V6C 2N5, 604-270-1184, Jim Alton,
Manager.
INDIAN W O R L D 2
INDIAN WORLD
" T H E CHOICE IS OURS"
T h e I n d i a n W o r l d is the official voice o f the U n i o n
of B r i t i s h C o l u m b i a I n d i a n Chiefs. It is dedicated
to b u i l d i n g a s t r o n g f o u n d a t i o n for the i m p l e m e n tation o f I n d i a n G o v e r n m e n t s at the B a n d level. It
operates solely t h r o u g h mandates a n d resolutions
passed at each G e n e r a l A s s e m b l y each year i n
w h i c h reports are given at the years end. T h e
President is answerable to Chiefs C o u n c i l ; d u r i n g
the year c o u n c i l is chosen t h r o u g h elections at
each o p p o r t u n i t y to be a part o f the o r g a n i z a t i o n
t h r o u g h their process o f d e c i s i o n - m a k i n g . Signed
articles a n d o p i n i o n s are the views o f the i n d i v i d u als concerned a n d not necessarily those o f the
U.B.C.I.C.
EDITOR: Herman Thomas
J A N U A R Y 1983
INDIAN WORLD T A B L E OF CONTENTS
Sub-Committee of Indian SelfGovernment Cover Story
2
Table of Contents
3
Letter to Fisheries
4& 5
Musqueam Case
6& 7
Traditional Wisdom
8
Comment on Racism
9
Tsartlip Hunting Case
10
Crafts Needed
11
First Nations Goal
12
World Family of First Nations
13
Children Burn
14
Poached Salmon
15
Fishing On The Fraser
16
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PAYING BRICK - VENEER BRICK
AGRICULTURAL DRAINAGE TILE
MAKE AN INVESTMENT IN A SOLID FUTURE
3087 Sumas Mtn. Road, Abbotsford
859-1555
INDIAN W O R L D 3
January 6,1983
LETTER TO LARRY DUKE
FISHERIES AND OCEANS
HE: Regina v. Stephen and Curry
T r i a l Date - January 6 & 7, 1983
A f t e r c a r e f u l d e l i b e r a t i o n , we have
i n s t r u c t e d our lawyers to withdraw
the prosecution against the F i s h e r i e s O f f i c e r s Mr. Stephen and Mr.
Curry.
The
Band withdraws the
charges as an a c t of good f a i t h and
above a l l , t o demonstrate that we,
are foremost concerned with conserv a t i o n o f the salmon and not with a
prolonged attack on your O f f i c e r s .
The f a c t s g i v i n g r i s e to the charges are now a matter o f record. On
September
18,
1981,
Fisheries
O f f i c e r s Stephen and Curry came
onto Gordon River Indian Reserve
No. 2 without the consent o f the
Chief and C o u n c i l . They proceeded
to take a boat, without the permiss i o n o f the owner o f the boat, and
used the boat i n order t o r e t r i e v e
nets i n the r i v e r .
The anger f e l t by our people
towards the a c t i o n s o f the F i s h e r ies O f f i c e r s drove us t o the longhouse on September 24, 1981.
It
was there that our people found
that your O f f i c e r s had broken our
law and were g u i l t y o f v i o l a t i n g
our f i s h i n g r i g h t s . We had no way
of b r i n g i n g you under the d i s c i p l i n e o f our system. As a r e s u l t ,
a d e c i s i o n was taken to prosecute
INDIAN W O R L D 4
the O f f i c e r s under the non-Indian
l e g a l system.
This we have done.
Our p o i n t has been made.
There i s a much l a r g e r problem
which must be addressed.
As you
r e c a l l , i n Court we brought i n t o
evidence the f a c t that when the
Reserve Commissioners set aside our
Reserves a t the turn o f the cent u r y , an e x c l u s i v e r i g h t t o f i s h
was recognized f o r us and was made
p a r t o f our Reserve. The Reserve
allotment confirmed:
"The salmon f i s h e r i e s on both the
north and south branches of the San
Juan River are very valuable as
supplying the e n t i r e wants of the
t r i b e w i t h t he a r t i c l e of consumpt i o n , the r i g h t to f i s h has been
reserved to them on both branches,
from the head o f t i d a l waters to
the f o r k s , a distance o f about two
and a h a l f m i l e s . "
The
Reserve
Commissioners
had
recognized a f a c t of our existence
which was and continues to be
c e n t r a l to our l i v e s .
Our people
r e l y upon f i s h f o r s u r v i v a l .
We
eat
the f i s h .
We f u l f i l l our
covenant with the creator to take
care o f our f i s h . We have Indian
ways t o strengthen us and to
strengthen the f i s h with every
passing season. The f i s h and the
Indians are one.
The Department of F i s h e r i e s assumes
the r i g h t to manage the f i s h .
We
say assume because there has been
no t r e a t i e s with our people.
We
have not surrendered one f i s h to
the Crown i n exchange f o r t r e a t y
promises. Nor have we or could we
surrender to the Crown our respons i b i l i t e s to manage the f i s h f o r
our future generations.
Yet, the Department o f F i s h e r i e s
manages the f i s h .
They say they
are doing so i n the name of conservation.
But i n P r o v i n c i a l Court,
Mr. Stephen agreed that the Department of F i s h e r i e s i s not conserving
and managing the f i s h which have
flowed up our r i v e r s from time
immemorial.
Our
f i s h are
now
counted as "passing stock".
The
Department o f F i s h e r i e s regulates
our f i s h by estimating an escapement goal f o r the Fraser River. No
one
within
the
Department
of
F i s h e r i e s keeps track of whether o r
not our f i s h w i l l come back i n t o
our Rivers year a f t e r year.
The
Department o f F i s h e r i e s i s only
keeping
track of
the
overall
numbers c a l c u l a t e d to pass i n t o the
Fraser River. Only a f t e r the run
has gone passed our r i v e r s , do
F i s h e r i e s know whether or not any
f i s h have survived the commercial
nets t o r e t u r n t o our r i v e r s to
spawn.
Our
r i v e r s are
being
destroyed
by
this
management
scheme. The confluence o f the San
Juan and Gordon Rivers was once
gorged with f i s h coming home from
the ocean i n t o the Rivers. Now so
few f i s h come to our r i v e r that
F i s h e r i e s asks us not to f i s h but
to accept f i s h trucked to us from
other
rivers
i n the
Province.
F i s h e r i e s seems to think that they
can t r e a t our f i s h i n g r i g h t s l i k e
welfare payments.
convenient f o r F i s h e r i e s , serves to
break down the ways by which we
teach our c h i l d r e n the conservation
methods which have been taught t o
us over the centuries by
our
E l d e r s . We camp a t the r i v e r , t e l l
s t o r i e s and teach one another our
way o f l i f e . We cannot pass on our
laws according to F i s h e r i e s r u l e s .
I t i s against everyones i n t e r e s t i f
our c h i l d r e n f a i l to l e a r n the
conservation methods which have
kept the f i s h and the Indians a l i v e
for centuries.
We w i l l not have our c u l t u r e and
our way of l i f e cut down by F i s h e r ies i n the name o f conservation.
We w i l l cooperate with F i s h e r i e s to
work out a way by which the f i s h
stocks and the Indians continue to
be healthy and survive i n t o the
future.
What has been the r e s u l t o f the
c o n f r o n t a t i o n between us over t h i s
l a s t year?
We
are very much
r e l i e v e d there has been no f u r t h e r
trespass onto our f i s h i n g grounds,
e i t h e r on Reserve o r o f f Reserve,
by the Department of F i s h e r i e s
since t h i s event took place.
We
appreciate the respect which the
Department o f F i s h e r i e s i s now
showing to us.
We r e t u r n that
respect by dropping
the charge
against your O f f i c e r s .
The l a r g e r problem remains.
We
extend to F i s h e r i e s an i n v i t a t i o n
to s i t down with us and work out a
proper method o f conserving
and
managing our f i s h stock to insure
the s u r v i v a l of the f i s h on the.
Gordon
and
San
Juan
Rivers
forever.
Please respond to us i n
w r i t i n g by February 1, 1983.
Yours t r u l y ,
F i s h e r i e s asks us to get permits to
f i s h a t c e r t a i n places by c e r t a i n
methods and on c e r t a i n days. This
method o f
regulation,
although
Chief A r t Jones
Pacheenaht Indian Band
INDIAN W O R L D 5
Musqueam
Case
In 1975 the Musqueam Band commenced
a
l a w s u i t against the Federal
Government a l l e g i n g breach o f t r u s t
i n a lease arrangement which took
place i n 1957.
The case was
successful a t t r i a l , and the Federa l Court awarded $10,000,000 i n
damages t o the Band.
On F r i d a y ,
December 10, 1982, the three man
Federal Court o f Appeal overturned
the award, and found i n favour o f
the Federal Government.
In 1957 there was a meeting o f the
Band t o vote on the surrender f o r
the purposes o f lease. The t r i a l
Judge made the f o l l o w i n g f i n d i n g s :
- the Band d i d not receive any
independent l e g a l advice o r independent expert advice with respect
to land a p p r a i s a l and development
- the Band i n s i s t e d that there
would be no 15% l i m i t a t i o n on
r e n t a l increases, as DIA proposed
- the Band believed that a l l o f the
Golf Course b u i l d i n g s would r e v e r t
to the Band once the lease was over
- the Band d i d not g i v e the DIA
agent any a u t h o r i t y t o change the
terms o f the lease as they had
agreed
Despite t h i s , the Department d i d
negotiate a lease which was subsequently
signed
which had rent
review periods o f 15 years, a s e a l ing o f 15% on the r e n t a l increases,
and the G o l f Course continued t o
own the b u i l d i n g s and could remove
them a t the end o f the lease.
The
surrender was made t o Her
Majesty the Queen " i n t r u s t t o
lease".
- the Band d i d not r e c e i v e any
advice about the e f f e c t s o f the
surrender
The t r i a l judge found that the Band
Members would not have agreed t o
the surrender, had they known the
terms which were f i n a l l y included
i n the lease.
- before the Band voted on the
surrender, they made i t c l e a r that
the rent would be reviewed every 10
years, and not every 15 years as
DIA proposed
The measure o f damages as found by
the Judge was the l o s s t o the Band
as a r e s u l t o f these terms being
included i n the l e a s e , t o which the
Band d i d not agree.
INDIAN W O R L D 6
The main question i n the case t u r n ed on whether o r not the Federal
Government was a l e g a l trustee of
the Band.
I f so, DIA would be
responsible for any negligence, and
any f a i l u r e t o f o l l o w the d i r e c t i o n s of the Band. The Department
argued that DIA was not a l e g a l
t r u s t e e , and was only a " p o l i t i c a l
t r u s t e e " , meaning that the conduct
o f the Department could not be
examined by the Courts, and the
Band could not seek to enforce i t s
r i g h t s against DIA i n the Courts.
There i s nothing which prevents the
Federal Crown from being a Legal
Trustee.
I t i s a question of the
i n t e n t i o n o f the p a r t i e s . Because
the Crown made t h i s argument a t the
end of the t r i a l , the Band d i d not
c a l l any evidence as to i n t e n t i o n .
Nevertheless, the Federal Court of
Appeal allowed the argument to go
forward.
In order to have a l e g a l t r u s t , the
subject matter must be property of
some k i n d . The Government lawyers
argued that the Band had a "persona l and usufructary r i g h t to reserve
land, dependent upon the good w i l l
of the sovereign, which was not a
property i n t e r e s t i n the reserve
land. This argument was not accepted e i t h e r by the Federal Court or
the
Federal
Court o f
Appeal.
However, the three Judges a t the
Federal Court o f Appeal found that
the Federal Crown i s not a l e g a l
trustee o f Reserve land.
As a
r e s u l t , any o b l i g a t i o n s which the
Department has cannot be enforced
i n the o r d i n a r y courts.
There i s
no suggestion i n the case as t o
where the Band can enforce these
obligations.
Indian Bands i n
Canada are l i t e r a l l y "out of Court"
on these i s s u e s . DIA would appear
to have a f r e e hand i n d e a l i n g with
Reserve land.
The Court seems t o have been very
impressed by the wide d i s c r e t i o n
given to the Government under the
Indian Act.
Of p a r t i c u l a r importance was S e c t i o n 18 which reads
( i n p a r t ) as f o l l o w s :
"Subject to t h i s Act and to the
terms o f any t r e a t y or surrender,
the Governor-in-Gouncil may d e t e r mine whether any purpose f o r which
lands i n a reserve are used or are
to be used i s f o r the use and benef i t o f the band."
The Judges found that Section 18
means that the Government has no
o b l i g a t i o n t o deal with Reserve
land i n any p a r t i c u l a r manner. As
to the words i n the surrender that
the surrender was " i n t r u s t " , the
Court found that these words had no
meaning, and d i d not create a
trust.
The Band i s deciding whether o r not
to appeal the case.
I understand
that John Munro has o f f e r e d to have
settlement
d i s c u s s i o n s with
the
Band. I f the case i s not appealed,
and the c l a i m i s negotiated, the
law i n the Musqueam Case w i l l stand
u n t i l another case i s taken to the
Supreme Court of Canada.
We have been concerned f o r some
time t h a t the Federal Government
might choose to extinguish a l l
claims through l e g i s l a t i o n .
The
Musqueam Case appears to be the
j u d i c i a l c o r e l l a r y o f that p o s s i bility.
I f the Government i s
secure i n i t s p o s i t i o n that they
are not l e g a l l y bound to f o l l o w the
d i r e c t i o n s o f the Band, and are not
responsible f o r any negligence or
misconduct i n s e l l i n g or l e a s i n g
Reserve land, Bands are l i t e r a l l y
thrown to the wolves. The Government may be prepared to negotiate
but Bands w i l l have a b s o l u t e l y no
power i n those n e g o t i a t i o n s .
INDIAN W O R L D 7
TRADITIONAL
WISDOM
The other day, I was thinking about
my mother's 'superstitions'.
I
remember she had a whole s t r i n g o f
cautions and do's and don'ts and
r u l e s o f behavior and so on, which
did not seem to have any rhyme or
reason or purpose.
When I was
growing up, I considered
these
things just so many t r i v i a l annoyances which I had to put up with
and humor my mother and keep our
family from being ashamed or losing
face i n our community.
I understood, o f course, that my mom was
just o l d fashioned and that i t was
no use trying to educate her at
that l a t e time, about modern scient i f i c research findings and freedom
of the individual and so on.
Whenever she went o f f track, her
mom would say "Your Grandmother
wants to see you".
That was
enough, she said,
to keep her
worrying u n t i l she f i n a l l y got i t
over with.
Not that her Grandmother was harsh; on the contrary,
she was kind and loving and she was
always careful to ease her grandchildrens' apprehensions by holding
and
massaging
them
while
she
'disciplined' them. Her d i s c i p l i n e
was to talk and explain things in a
calm and reasonable and loving way.
That i s what my s i s t e r and I never
had; our grandmother died before we
were born but I have heard that she
My s i s t e r ' s reactions to a l l of was a wonderful
woman, l i k e my
t h i s caused me some mixed f e e l i n g s .
g i r l f r i e n d ' s grandmother.
My mom
She just t o t a l l y rebelled and d i d ,
sure must have missed her. I can
as they say, 'her own thing'. In
see how much we have l o s t and how
some ways, I envied her indepenmuch more we are destined to lose
dence yet I f e l t sad seeing how her
because we are rejecting our t r a d i t i o n a l Indian wisdom and tokenizbehavior caused unpleasantness and
ing, i f not outright ignoring, our
tension
i n our family.
Years
Elders.
Worse s t i l l ; many o f our
l a t e r , I r e a l i z e d how reactionary
Elders have, and I can understand
my s i s t e r ' s behavior was.
In
why, abdicated t h e i r t r a d i t i o n a l
r e a l i t y , she had not rebelled but
role as teachers and d i s c i p l i n e r s
rather had simply reacted negativeof our families and communities ly
to
whatever
standards
were
the worse our l o s s .
expected o f her. We both reacted,
one openly and one secretly.
Last week, I attended a caucus
meeting where Chiefs were trying to
Things are sure changing, though.
come to a decision on a very imporToday I read i n s c i e n t i f i c and
tant and c r i t i c a l
matter which
academic journals that a pregnant
would a f f e c t a l l Indian people i n
woman's state a f f e c t s her unborn
British
Columbia
and
across
baby (Gee mom, how d i d you know?) Canada. There were community people
and I observe my s i s t e r putting the
there and the Chiefs were taking
same standards on her children that
whatever time they needed to make
she rejected when she was young.
the reasons f o r t h e i r p o s i t i o n s
My g i r l f r i e n d talks about how her
c l e a r f o r a l l present to underGrandmother used to d i s c i p l i n e a l l
stand. I t was very sad and disapher
brothers
and her cousins.
pointing to witness the disrespect
INDIAN W O R L D 8
shown to one of our Chiefs i n that
meeting.
This Chief, one o f the
very few whose p o s i t i o n d i f f e r e d
from the others, was cut o f f i n the
middle o f h i s speech by another
Chief.
He waited p a t i e n t l y u n t i l
the interuption ended, then f i n i s h ed expressing h i s concerns.
It
seems to me that the time when a
dissenting view i s most valuable i s
p r e c i s e l y when i t i s the minority
view, because that i s when we need
to be the most c r i t i c a l .
That i s
when we should ask ourselves and
each other
the most questions.
That i s when we should l i s t e n most
c a r e f u l l y to other viewpoints. Any
p o s i t i o n which cannot stand the
test
of
questions
and
other
viewpoints i s tenuous at best.
An Elder person, l i k e my g i r l friend's Grandmother, would have
known how t o handle the s i t u a t i o n .
I have seen i t done.
An Elder
would have spoken out and corrected
the breach pointedly but without
putting anyone on the defensive.
An Elder would have handled the
s i t u a t i o n i n a diplomatic, respectf u l way, by t e l l i n g a story which
would have made everyone r e a l i z e
what had gone wrong and how i t
should have been handled. We would
a l l have l e f t that room feeling
better about ourselves and about
each other; we would have been
humbler and wiser.
Instead, I l e f t that room f e e l i n g
smaller than when I came i n because
I f e l t resentment and shame for the
disrespect and I f e l t that a b u l l dozing had taken place instead of a
discussion between respected Indian
leaders.
I guess I must have
absorbed
some
of my
mother's
'superstitions' a f t e r a l l !
INTERNATIONAL COMMITTEE
AGAINST RACISM
You are c o r d i a l l y invited to attend
a unique conference Feb. 25 - 26 27
at
the
Vancouver
Community
College, Langara Campus
To promote better understanding and
rapport between Indians and
nonIndians.
To generate a supportive network
f o r the continuing Indian struggle
f o r j u s t i c e and human d i g n i t y .
History of Indian People
Canadian Colonialism
Aboriginal T i t l e
Resource Control
Indians T r a d i t i o n s and Culture
The conference i s designed to have
wide and active p a r t i c p a t i o n from
many
ethnic
groups,
community
groups, professions and
interested
individuals.
For more information please contact
Judalon J e f f e r i e s at 738-9962 or
684-0231 or
Lou Evans
at 734-9464
Keynote Speaker:
George Manuel
The
Plenary sessions,
workshops
will
deal
t o p i c s as:
panels
and
with
such
INTERNATIONAL COMMITTEE AGAINST
RACISM
DAVID CHIU, PRESIDENT
T h e P u b l i c S e r v i c e of C a n a d a is
an e q u a l opportunity e m p l o y e r
District Superintendent,
Band Operations
Salary: $35,000 - $39,500
Ref. No.: 12-1121-1 (3030)
Indian and Northern Affairs C a n a d a
Fredericton, New Brunswick
Duties
T h e District S u p e r i n t e n d e n t h e l p s to d e t e r mine the overall o p e r a t i n g o b j e c t i v e s , priorities a n d s t r a t e g i e s of the N e w B r u n s w i c k
district; d i r e c t s s u c h p r o g r a m s a s c o m m u n i t y
i m p r o v e m e n t a n d h o u s i n g , a n d B a n d administration f u n d i n g ; plans a d v i s o r y s e r v i c e s in t h e
a r e a s of B a n d financial m a n a g e m e n t , local
government, and engineering and technical
s e r v i c e s ; and e n s u r e s that the transfer a n d
o p e r a t i o n s of all p r o g r a m s are p r o p e r l y a d m i n i s t e r e d b y the B a n d s .
Qualifications
T h e s u c c e s s f u l c a n d i d a t e will b e an indigen o u s p e r s o n (status o r n o n - s t a t u s Indian, Inuit
o r M e t i s ) , a n d will h a v e e x p e r i e n c e in m a n a g ing a local g o v e r n m e n t d e v e l o p m e n t p r o g r a m ,
controlling a substantial b u d g e t , a n d s u p e r vising p r o f e s s i o n a l a n d s u p p o r t staff. H e or
s h e s h o u l d h a v e solid e x p e r i e n c e in c o n sulting with B a n d g o v e r n m e n t s , Indian
a s s o c i a t i o n s a n d tribal c o u n c i l s . H e o r s h e
s h o u l d also b e a b l e to p r o v i d e a d v i c e to
t h e s e o r g a n i z a t i o n s , a n d to n e g o t i a t e a n d
monitor a g r e e m e n t s with t h e m . A n ability to
negotiate with o t h e r g o v e r n m e n t a g e n c i e s o n
behalf of Indian p e o p l e is also r e q u i r e d .
Language requirements
K n o w l e d g e of E n g l i s h is e s s e n t i a l .
Clearance Number:
122-319-000
Note: T h e r e m a y a l s o b e a v a c a n c y at the
s a m e level in the next six m o n t h s for s o m e o n e with solid e x p e r i e n c e in s o c i o - e c o n o m i c
development.
Additional job information is available b y
writing to t h e a d d r e s s b e l o w .
Tout r e n s e i g n e m e n t relatif a c e c o n c o u r s e s t
d i s p o n i b l e e n f r a n c a i s et peut e t r e o b t e n u e n
ecrivant a I'adresse s u i v a n t e :
H o w to a p p l y
S e n d y o u r application a n d / o r r e s u m e to:
J. Brian Murphy
Staffing Officer
Public Service C o m m i s s i o n of C a n a d a
860 Main Street, Suite 603
Moncton, New Brunswick E 1 C 8M1
Tel.: (506) 388-6621
Closing date: February 25, 1983
Please quote the applicable reference number at all times.
INDIAN W O R L D 9
TSARTLIP HUNTING
CASE APPEAL
The Supreme Court o f Canda has
granted leave to appeal the Tsartl i p hunting case i n v o l v i n g the
shooting o f deer out o f season f o r
the purpose o f r e l i g i o u s burning.
. The two defendants, Anderson Jack
and Louie C h a r l i e , are determined
to pursue the p r i n c i p l e o f freedom
of A b o r i g i n a l r e g l i g i o n i n s p i t e o f
negative judgments a t the P r o v i n cial level.
Although he ruled
against the defendants, the t r i a l
court judge d i d say that he f e l t
that Indian r e l i g i o u s b e l i e f s were
sincere.
The County Court Judge
ruled
that feedom o f
religion
implied the r i g h t to b e l i e f but not
to a c t on the b e l i e f .
The appeal
judges were s p l i t on the issue, one
agreed
w i t h the
principle
of
A b o r i g i n a l r e l i g i o u s freedom i f the
p r a c t i c e d i d not cause any harm,
while the other two judges agreed
with the lower courts that freedom
of r e l i g i o n d i d not a l l o w the r i g h t
to a c t on r e l i g i o u s b e l i e f .
INDIAN W O R L D 10
This case i s being argued on the
b a s i s that p r o v i n c i a l law cannot be
applied t o c u r t a i l o r r e s t r i c t
A b o r i g i n a l r e l i g i o u s freedom.
The
appeal i s seeking two r u l i n g s : one,
that there i s no fundamental reason
to r e s t r a i n the a c t i v i t y i n quest i o n and
two,
that A b o r i g i n a l
freedom i s protected by S e c t i o n 91
(24) o f the The Canadian C o n s t i t u t i o n (as the Federal Government
i t s e l f demonstrated when i t used
that s e c t i o n f i r s t t o ban p o t l a t c h es the l a t e r to l e g a l i z e them).
The Supreme Court of Canada granted
leave t o appeal because the defendants demonstrated that t h e i r case
r a i s e d issues o f n a t i o n a l concern
(beyond B.C.), that t h i s issue has
never been r a i s e d before and that
the issue o f A b o r i g i n a l r e l i g i o u s
freedom i s o f grave importance.
The appeal w i l l be heard i n Ottawa
during the c u r r e n t Federal Supreme
Court s e s s i o n which concludes i n
April.
YOUR INDIAN ART IS NEEDED
SYO:YS Native Arts Centre
SYO:YS Native A r t s i s an Indian
A r t s and C r a f t s s t o r e , located a t
33236 - 1st Avenue, which i s on the
main s t r e e t o f Mission, B.C.
We are appealing t o a l l our Indian
A r t i s t s t o give SYO:YS store support.
I f you have any a r t s and
c r a f t s you could put on d i s p l a y t o
sell
on consignment, we would
appreciate them.
The store p o l i c y on consignment i s :
1.
Give you a r e c e i p t f o r a r t i c l e s
submitted.
2. Add a small percentage t o p r i c e
you want.
3. C l e a r l y i d e n t i f y the A r t i s t s
name and t r i b e
4. I d e n t i f y what the c r a f t i s and
the year i t was made.
5. I f you are i n t e r e s t e d , please
contact:
Kay Craves o r Irene Aleck,
Store Manager
STO:YS Native Arts Crafts
33236 - 1st Avenue
Mission, B.C. V5V 1G6
826-0349
INDIAN W O R L D 11
FIRST NATIONS
GOAL
GENERAL
TO BUILD, DEVELOP AND FIRMLY ESTABLISH: OUR
ABORIGINAL STATUS, TITLE, RIGHTS, NATIONS, GOVERNMENTS
AND INHERENT RIGHT TO SELF- DETERMINATION.
SPECIFIC
LANGUAGE
ESTABLISH OUR OWN NATIONS' AND TRIBES' LANGUAGE AS
OUR FIRST LANGUAGE
HISTORY
DEVELOP OUR HISTORY FROM OUR OWN PEOPLES' OR
NATIONS' PERSPECTIVE
CULTURE
PRACTICE THE CUSTOMS, VALUES, & BELIEFS OF OUR
PEOPLE & NATIONS
TERRITORY
DEFINE & KNOW THE TERRITORIAL BOUNDARIES OF OUR
NAT IONS
RESOURCES
MANAGE & UTILIZE THE RESOURCES
WITHIN THE
BOUNDARIES OF OUR NATIONS TERRITORIAL LANDS.
INSTITUTIONS
DEVELOP OUR OWN POLITICAL, ECONOMIC, SOCIAL,
CULTURAL. EDUCATIONAL & SPIRITUAL INSTITUTIONS
GOVERNMENT
ESTABLISH OUR OWN FORM OF INDIAN GOVERNMENT WHO'S
SOURCE AND POWER IS THE PEOPLE OF OUR COMMUNITY
AND NATIONS
POLICY & LAW
MAKE OUR OWN POLICIES & LAWS TO MANAGE &
ADMINISTER THE AFFAIRS OF OUR BANDS AND NATION
NATIONAL CONSTRUCTION PROGRAM
ENHANCE THE UNIQUENESS OF OUR PEOPLES' &
NATIONS IDENTITY: DECLARE OWN HOLIDAY: DESIGN
& DEVELOP SYMBOLS WHICH ARE UN I QUE AND SPECIAL
TO OUR PEOPLES & NATIONS
ADMINISTRATION
ESTABLISH
ADMINISTRATION
THAT
DELIVERS
PROGRAMS WE DESIGN AND SIMPLY GOES BEYOND
DELIVERING DIA PROGRAMS
INTERNATIONAL AFFAIRS
ESTABLISH OUR OWN CEREMONIAL PROTOCOL AND
FOREIGN POLICY TO GOVERN AND REGULATE OUR
DIPLOMATIC
RELATIONSHIPS
WITH
OTHER
PEOPLES & NATIONS AROUND US AND OF THE
WORLD.
INDIAN W O R L D 12
W O R L D
F A M I L Y
OF
FIRST
NATIONS
A
MAJOR
POTLATCH
OF
THE
WORLD,
OF
THE
THUNDER
WHICH
BRINGS
OBVIOUS
OF
THE
TO
WAS
PEOPLE
SOCIAL
LAND,
ON
NATIONS
OR
BRINGING
NOVEMBER
(WEST
OF
TOGETHER
RELIGIOUS
TRADITIONAL
PEOPLE,
CONTINUE
HELD
THE
THE
POLITICAL
ALL
THE
THE
THE
INDIAN
IS
FAR
POTLATCH
SYSTEM
AFFAIRS
OF
NATIONS
HEREDITARY
ROCKIES).
SHARING,
ASPECTS.
AND
BY
CANADIAN
THROUGH
HEREDITARY
RESOURCES
TOGETHER
27/82
IS
WHICH
THE
CHIEFS
THE
POTLATCH
DEEPER
THE
THAN
ITS
FOUNDATION
GOVERNS
THUNDER
THE
NATIONS.
THIS POTLATCH
IS A CONTINUATION
( A C C O R D I N G TO P O T L A T C H
TRADITION)
OF T H E P O T L A T C H H E L D
IN LONDON LAST YEAR AT T H I S T I M E ,
WHEN T H E
INDIAN PEOPLE AND THE HEREDITARY
C H I E F S WERE W O R K I N G
IN EUROPE
TO
FIGHT TUUDEAU'S
CONSTITUTIONAL
PLANS.
AT T H I S T I M E ,
THE
HEREDITARY
C H I E F S W I L L B E M A K I N G D E C I S I O N S A B O U T HOW T H E Y W I L L P E R S U E
AND
C O N T I N U E T H E I R WORK TO S A F E G U A R D T H E L A N D A N D
INDIAN
RIGHTS.
"WE
D O N ' T WANT T H E E L E C T E D R E P R E S E N T A T I V E S TO S E L L T H E L A N D " S A I D ONE
HEREDITARY
CHIEF
" W I T H O U T T H E L A N D , WE A R E A D E A D P E O P L E ,
THAT
IS
THE P H I L O S O P H Y WHICH HAS S U R V I V E D FROM G E N E R A T I O N TO
GENERATION,
T H A T NO M O N E Y C A N C O M P E N S A T E
FOR THE L A N D .
MONEY CAN ONLY LAST A
SHORT T I M E ;
I F WE K E E P C O N T R O L O F T H E L A N D ,
I T W I L L L A S T FOR OUR
GRANDCHILDREN AND THEIR GRANDCHILDREN.
IT'S
NOT J U S T FOR
TODAY
T H A T WE M U S T
DECIDE."
"WE
DON'T
WANT
ANYONE
TO
ACCEPT
SINCE
THE
BEGINNING
OF
LAND,
OUR
FOOD,
THE
WATER,
TO
TO
WAS
GIVEN
US
LOOK
TIME"
MONEY
SAID
THE
AIR
FOR
ANOTHER
-
NONE
WHAT
WAS
GIVEN
TO
HEREDITARY
CHIEF-,
OF
FOR
THIS
IS
US
"THE
SALE.
IT
AFTER."
THE POTLATCH
I S AN
I N S T I T U T I O N WHICH EMBODIES MANY D I F F E R E N T
SOCIAL,
ECONOMIC,
P O L I T I C A L AND R E L I G I O U S A S P E C T S .
ONE A S P E C T OF
THIS
PARTICULAR
P O T L A T C H WAS T H E A D O P T I O N O F
SOMBI
NLILAS
INTO
THE
THUNDER NATIONS.
SOMBI,
WHO I S V E R Y H I G H L Y R E S P E C T E D A N D A D M I R E D
FOR H I S P E R S O N A L C O M M I T T M E N T A N D S A C R I F I C E ON B E H A L F OF H I S
SAMI
PEOPLE,
WAS G I V E N A N I N D I A N N A M E A N D W E L C O M E D A S A F A M I L Y
MEMBER,
INTO THE LAND AND HOMES OF T H E P E O P L E OF T H E THUNDER N A T I O N S .
THE
WELCOMING W I L L ENSURE THAT SOMBI W I L L R E S P E C T T H E LAWS OF T H E
THUNDER
NATIONS AND THE LAND AROUND H I M .
"THIS
IS THE M A I N REASON FOR THE
PROBLEMS
IN CANADA" S A I D ONE HEREDITARY
CHIEF,
"THE WHITE
PEOPLE
WEREN'T WELCOMED HERE
I N T H E T R A D I T I O N A L S E N S E A N D T H I N G S WENT WRONG.
T H E Y HAD NO R E S P E C T
- T H E Y D E S T R O Y E D WHAT S H O U L D N O T H A V E
BEEN
DESTROYED."
THIS ADOPTION
IS THE F I R S T COMPONENT OF THE;HIEREDITARY
CHIEFS'
PLAN
TO F O R M A L L Y U N I T E ,
INTO A S I N G L E GLOBAL F A M I L Y ,
A L L THE
INDIAN
N A T I O N S OF T H E WORLD AND TO D I S P E L L T H E P O P U L A R
NOTION,: PROMOTED
BY GOVERNMENTS,
THAT
INDIAN
PEOPLE ARE M I N O R I T I E S .
ON A WORLDWIDE
BASIS,
INDIAN P E O P L E FAR OUTNUMBER THE
NON-INDIANS.
INDIAN W O R L D 13
John Munroe,
M i n i s t e r of Indian A f f a i r s
Ottawa, Ontario
Sir:
The purpose o f t h i s l e t t e r and
t e l e x to you i s to express my deepe s t concern t o you again.
In November, a home burned with
c h i l d r e n i n the home, the c h i l d r e n
died.
The c h i l d r e n were Shuswap
Indians from Deadman's Creek. We
had gone down t o see the family t o
bring what we can.
I know that
nothing o r noone can replace o r
take away the hurt and the pain the
family i s going through a t t h i s
time.
My f a t h e r , F r e d r i c k Arnouse, passed
away l a s t October, 1975, i n a house
f i r e a t the Adams Lake reserve.
His home burned r i g h t down before
anyone could reach the house. They
t o l d me i t was f a u l t y w i r i n g but
were not sure.
I t took me t h i s
long t o even w r i t e o r t a l k about
him.
s c h o o l , small pox and other d i s e a s es, p h y s i c a l massacre and s p i r i t u a l
genocide, o f my family's has got t o
stop.
While I am s t r u g g l i n g and f i g h t i n g
for
what l i t t l e r i g h t s we have
l e f t , you are at our back door buying
o f f o u r leaders with our
money. We could be u t i l i z i n g t h i s
money t o f i x the homes with f a u l t y
w i r i n g o r making new homes o r jobs.
I, f o r one, do not want t o be
dependant on the Department o f
Indian A f f a i r s a l l o f my l i f e o r
for the l i f e o f my c h i l d r e n .
We need funds t o become s e l f - s u f f i cient.
We have a Committee that
has been made by you on Economic
Development i n our area so that you
do not have to answer to us.
I w i l l f i g h t f o r the land that our
grandfathers and mothers l i v e d o f f
of.
The land belongs t o us. The
land i s our s u r v i v a l .
My grandfather, L a z a i r e Michele,
f e l l on the s t r e e t , and was dragged
to j a i l .
The reason he f e l l was
because
had a
heart
attack.
Despite e f f o r t s o f h i s son to get a
doctor no one l i s t e n e d . He died i n
j a i l . My garndmother died a l i t t l e
l e s s than a year l a t e r .
In c l o s i n g , I would l i k e to s t r e s s
that the Concerned A b o r i g i n a l Women
w i l l become stronger because o f
these types o f pains and hurts that
are very basic but so very close to
our hearts.
The
emotionally
and s p i r i t u a l
sufferings
since
Residential
I, too, love my c h i l d r e n , and my
family.
Sincerely,
Donna Anthony
Concerned A b o r i g i n a l Women
INDIAN W O R L D 14
W h a t is P o a c h e d
Salmon?
J u s t r e c e n t l y t h i s question , what
r e s t r i c t i o n s came i n t o existance.
i s poached salmon, has come up more
o f t e n than usual because o f the And now today f i s h e r i e s attempt t o
c o n t r o l Indian people through these
charges l a i d against approximately
r e s t r i c t i o n s , t o the p o i n t now that
130 Indians.
I n my o p i n i o n , o f
Indian people cannot even share
course, there are only two explant h e i r f i s h , by g i v i n g i t away
a t i o n s o f what poaching salmon
because i t i s supposed t o be f o r
means. The f i r s t , a poacher i s a
person that i s f i s h i n g i n any bed our own use, which c o n t r a d i c t s our
and upbringing.
For
of
water
i n c l u d i n g the ocean c u l t u r e
attempting t o catch f i s h , while he instance I was taught t o share my
or she does not have w r i t t e n belongings whether i t if m a t e r i a l
permission t o do so from the Feder- or food. I f I see someone i n need
a l f i s h e r i e s and more important i t i s customary t o give whatever
f i s h i n g while
f i s h e r i e s has a t h e i r needs may be. I n f a c t , i f I
catch any f i s h I should as a custom
closure i n such waters i n force.
give as much away as I can without
Because o f my b e l i e f and upbringing question t o my r e l a t i v e s but a l s o
and what I was taught, not only f r i e n d s o r again anyone i n need.
from my parents and grandparents,
but a l s o from the many r e l a t i v e s And now f o r the purpose o f informing those who wish t o know an
whom I l i s t e n e d t o , no Indian can
even f i t i n t o a poaching category Indian P o i n t o f view of what poachbecause i t i s our a b o r i g i n a l r i g h t ed salmon i s .
to f i s h .
Poached Salmon
Anytime an Indian person f i s h e s he
i s e x e r c i s i n g h i s b e l i e f i n h i sF i l l a f r y i n g pan 1" deep with m i l k
a b o r i g i n a l r i g h t t o f i s h , regard- or wine and heat j u s t below b o i l i n g
l e s s o f the time o f day, year o r p o i n t .
Add I small Indian f i s h ,
place.
s p r i n k l e with s a l t .
Reduce the
heat and cook gently u n t i l the f i s h
f l a k e s when t r i e d with a f o r k .
At one time i n our Indian l i f e ,
L i f t out f i s h and serve i t with a
when f i s h was not seen as a m u l t i
sauce made out o f the j u i c e i n the
m i l l i o n d o l l a r business.
The only
people who were s e l l i n g f i s h , and
pan.
b a r t e r i n g with f i s h as a t r a d i t i o n a l method o f economic s u r v i v a l were
I must i n s i n c e r i t y thank the
Indian people.
The r e s t r i c t i o n s
Federal f i s h e r i e s f o r the e x c e l l e n t
then began when the commercial
job they d i d i n promoting and
aspect o f f i s h came i n t o being. educating the non-Indians, that i t
Then Indian people were l i m i t e d t o
i s our a b o r i g i n a l r i g h t t o f i s h and
a c e r t a i n number o f days f i s h i n g
that only good can come out o f the
time.
Each year more and more
events to happen next.
INDIAN W O R L D 15
FISHING IS OUR ABORIGINAL RIGHT!
Pappas Furs and Indian Traders
specialists in
North American Indian Materials,
Artifacts, Rare Old Collectors Items,
Jewellery, Baskets, Carvings, etc.
W E BUY, S E L L , A N D T R A D E
F R E E APPRAISALS
459 Hamilton St. at Victory Square Vancouver, B.C.
V6B 2P9
681-6391
INDIAN W O R L D 16
NDIANOWORLD
JANUARY 1983
“THE CHOICE IS OURS”
HOUSE OF COMMONS
CANADA
SUB-COMMITTEE ON INDIAN
SELF-GOVERNMENT
The Sub-committee on Indian Self-Government of the Standing
Committee on Indian Affairs and Northern Development of the House
of Commons will be holding meetings to examine the Government of
-Canada’s total financial and other relationships with Indian people, and
to review all legal and institutional factors affecting the status,
development and responsibilities of Band Governments on Indian
reserves.
Individuals and organizations wishing to make written submissions to
the Sub-committee relating to the aforementioned subjects may do so in
French, English or both official languages.
If possible, submissions should be typed on 28 cm by 22 cm paper, with
margins of 3 cm by 2 cm.
All written submissions and/ or requests to appear should be addressed
to:
Clerk
Sub-committee on Indian
Self-Government
House of Commons
Ottawa, Ontario
KIA 0A6
The Sub-committee reserves the exclusive right of selecting the witnesses
who will be invited to appear before it.
KEITH PENNER, M.P.
Chairman
\.
COVER STORY
The Indian World Magazine cover is a
carved door done by Ted Barton & Mit-
chel Morrisson. At the moment if you
wish to participate in a draw for a door
similar to the cover. Tickets are
available from the union office, if you
could send $5.00 I’ll send you a ticket
which entitles you to first prize which is
the door or $1500.00 in cash.
Coast Art Canada is an Indian com-
pany that is incorporated which solicits
customers for Indian carved doors.
This company will wholesale to Indian
People or Indian Bands, an_ ideal
method for fund raising. For more in-
formation write Coast Art Canada In-
corporated, Box 667, Vancouver, B.C.
V6C 2N5, 604-270-1184, Jim Alton,
Manager.
INDIAN WORLD 2
INDIANS 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 implemen-
tation 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 individu-
als concerned and not necessarily those of the
U:B.CA.C,
EDITOR: Herman Thomas
JANUARY 1983
INDIAN WORLD -
TABLE OF CONTENTS
Sub-Committee of Indian Self-
Government Cover Story ........ 2
Table of Contents: ox ic weeds viewers 3
Letter to Fisheries............. 4& §
Musqueam Cas@ occ. cies oe 6& 7
Traditional Wisdom .............. 8
Comment on Racism.............. 9
Tsartlip Hunting Case.............10
Crafts Needed ......... 0. ccc eens 11
Pitst Nations: Goal iiics ca sacciw won oso 12
World Family of First Nations...... 13
Children Burn ............0000005 14
Podchéd SalHiO osesa vs vv vewes ons 15
Fishing On The Fraser ............ 16
SUMAS CLAY PRODUCTS
Quality and Beauty to Last a Lifetime.
fe CLAY FLUE LINING
PAVING BRICK — VENEER BRICK
AGRICULTURAL DRAINAGE TILE
TOURIST
MAKE AN INVESTMENT IN A SOLID FUTURE
3087 Sumas Min. Road, Abbotsford
859-1555
INDIAN WORLD 3
\
January 6, 1983
LETTER TO LARRY DUKE
FISHERIES AND OCEANS
RE: Regina v. Stephen and Curry
Trial Date — January 6 & 7, 1983
After careful deliberation, we have
instructed our lawyers to withdraw
the prosecution against the Fisher-
ies Officers Mr. Stephen and Mr.
Curry. The Band withdraws’ the
charges as an act of good faith and
above all, to demonstrate that we,
are foremost concerned with conser-
vation of the salmon and not with a
prolonged attack on your Officers.
The facts giving rise to the charg-
es are now a matter of record. On
September 18, 1981, Fisheries
Officers Stephen and Curry came
onto Gordon River Indian Reserve
No. 2 without the consent of the
Chief and Council. They proceeded
to take a boat, without the permis-
sion of the owner of the boat, and
used the boat in order to retrieve
nets in the river.
The anger felt by our people
towards the actions of the Fisher-
ies Officers drove us to the long-
house on September 24, 1981. It
was there that our people found
that your Officers had broken our
law and were guilty of violating
our fishing rights. We had no way
of bringing you under the disci-
pline of our system. As a result,
a decision was taken to prosecute
INDIAN WORLD 4
the Officers under the non-Indian
legal system. This we have done.
Our point has been made.
There is a much larger problem
which must be addressed. As you
recall, in Court we brought into
evidence the fact that when the
Reserve Commissioners set aside our
Reserves at the turn of the cen-
tury, an exclusive right to fish
was recognized for us and was made
part of our Reserve. The Reserve
allotment confirmed:
"The salmon fisheries on both the
north and south branches of the San
Juan River are very valuable as
supplying the entire wants of the
tribe witht he article of consump-
tion, the right to fish has been
reserved to them on both branches,
from the head of tidal waters to
the forks, a distance of about two
and a half miles."
The Reserve Commissioners had
recognized a fact of our existence
which waS and continues to be
central to our lives. Our people
rely upon fish for survival. We
eat the fish. We fulfill our
covenant with the creator to take
care of our fish. We have Indian
wayS to strengthen us and to
strengthen the fish with every
passing season. The fish and the
Indians are one.
The Department of Fisheries assumes
the right to manage the fish. We
say assume because there has been
no treaties with our people. We
have not surrendered one fish to
the Crown in exchange for treaty
promises. Nor have we or could we
surrender to the Crown our respon-
sibilites to manage the fish for
our future generations.
Yet,. the Department of Fisheries
manages the fish. They say they
are doing so in the name of conser-
vation. But in Provincial Court,
Mr. Stephen agreed that the Depart-
ment of Fisheries is not conserving
and managing the fish which have
flowed up our rivers from time
immemorial. Our fish are now
counted as “passing stock". ‘The
Department of Fisheries regulates
our fish by estimating an escape-
ment goal for the Fraser River. No
one within the Department of
Fisheries keeps track of whether or
not our fish will come back into
our Rivers year after year. The
Department of Fisheries is only
keeping track of the overall
numbers calculated to pass into the
Fraser River. Only after the run
has gone. passed our rivers, do
Fisheries know whether or not any
fish have survived the commercial
nets to return to our rivers to
spawn. Our rivers are being
destroyed by this management
scheme. The confluence of the San
Juan and Gordon Rivers was once
gorged with fish coming home from
the ocean into the Rivers. Now so
few fish come to our river that
Fisheries asks us not to fish but
to accept fish trucked to us from
other rivers in the Province.
Fisheries seems to think that they
can treat our fishing rights like
welfare payments.
Fisheries asks us to get permits to
fish at certain places by certain
methods and on certain days. ‘This
method of regulation, although
convenient for Fisheries, serves to
break down the ways by which we
teach our children the conservation
methods which have been taught to
us over the centuries by our
Elders. We camp at the river, tell
stories. and teach one another our
way Of life. We cannot pass on our
laws according to Fisheries rules.
It is against everyones interest if
our children fail to learn the
conservation methods which have
kept the fish and the Indians alive
for centuries.
We will not have our culture and
our way of life cut down by Fisher-
ies in the name of conservation.
We will cooperate with Fisheries to
work out a way by which the fish.
stocks and the Indians continue to
be healthy and survive into the
future.
What has been the result of the
confrontation between us over this
last year? We are very much
relieved there has been no further
trespass onto our fishing grounds,
either on Reserve or off Reserve,
by the Department of Fisheries
since this event took place. We
appreciate the respect which the
Department of Fisheries is now
showing to us. We return that
respect by dropping the charge
against your Officers.
The larger problem remains. We
extend to Fisheries an invitation
to sit down with us and work out a
proper method of conserving and
managing our fish stock to insure
the survival of the fish on the.
Gordon and San Juan Rivers
forever. Please respond to us in
writing by February 1, 1983.
Yours truly,
Chief Art Jones
Pacheenaht Indian Band
J
INDIAN WORLD 5
XK
Musqueam
Case
In 1975 the Musqueam Band commenced
a lawsuit against the Federal
Government alleging breach of trust
in a lease arrangement which took
place in 1957. The case was
successful at trial, and the Feder-
al Court awarded $10,000,000 in
damages to the Band. On Friday,
December 10, 1982, the three man
Federal Court of Appeal overturned
the award, and found in favour of
the Federal Government.
In 1957 there was a meeting of the
Band to vote on the surrender for
the purposes of lease. ‘The trial
Judge made the following findingst
- the Band did not receive any
independent legal advice or inde-
pendent expert advice with respect
to land appraisal and development
- the Band did not receive any
advice about the effects of the
surrender
- before the Band voted on the
surrender, they made it clear that
the rent would be reviewed every 10
years, and not every 15 years as
DIA proposed
INDIAN WORLD 6
- the Band insisted that there
would be no 15% limitation on
rental increases, as DIA proposed
- the Band believed that all of the
Golf Course buildings would revert
to the Band once the lease was over
- the Band did not give the DIA
agent any authority to change the
terms of the lease as they had
agreed
Despite this, the Department did
negotiate a lease which was subse-
guently signed which had rent
review periods of 15 years, a seal-
ing of 15% on the rental increases,
and the Golf Course continued to
own the buildings and could remove
them at the end of the lease.
made to Her
"in trust to
The surrender was
Majesty the Queen
lease".
The trial judge found that the Band
Members would not have agreed to
the surrender, had they known the
terms which were finally included
in the lease.
The measure of damages as found by
the Judge was the loss to the Band
as a result of these terms being
included in the lease, to which the
Band did not agree.
J
The main question in the case turn-
ed on whether or not the Federal
Government was a legal trustee of
the Band. If so, DIA would be
responsible for any negligence, and
any failure to follow the direc—
tions of the Band. The Department
argued that DIA was not a legal
trustee, and was only a "political
trustee", meaning that the conduct
of the Department could not be
examined by the Courts, and the
Band could not seek to enforce its
rights against DIA in the Courts.
There is nothing which prevents the
Federal Crown from being a Legal
Trustee. It is a question of the
intention of the parties. Because
the Crown made this argument at the
end of the trial, the Band did not
call any evidence as to intention.
Nevertheless, the Federal Court of
Appeal allowed the argument to go
forward.
In order to have a legal trust, the
subject matter must be property of
some kind. The Government lawyers
argued that the Band had a "person-
al and usufructary right to reserve
land, dependent upon the good will
of the sovereign, which was not a
property interest in the reserve
land. This argument was not accep-
ted either by the Federal Court or
the Federal Court of Appeal.
However, the three Judges at the
Federal Court of Appeal found that
the Federal Crown is not a legal
trustee of Reserve land. As a
result, any obligations which the
Department has cannot be enforced
in the ordinary courts. There is
no suggestion in the case as to
where the Band can enforce these
obligations. Indian Bands in
Canada are literally “out of Court"
on these issues. DIA would appear
to have a free hand in dealing with
Reserve land.
The Court seems to have been very
impressed by the wide discretion
given to the Government under the
Indian Act. Of particular impor-
tance was Section 18 which reads
(in part) as follows:
"Subject to this Act and to the
terms of any treaty or surrender,
the Governor-in-Council may deter-
mine whether any purpose for which
lands in a reserve are used or are
to be used is for the use and bene-
fit of the band."
The Judges found that Section 18
means that the Government has no
obligation to deal with Reserve
land in any particular manner. As
to the words in the surrender that
the surrender was "in trust", the
Court found that these words had no
meaning, and did not create a
trust.
The Band is deciding whether or not
to appeal the case. I understand
that John Munro has offered to have
settlement discussions with the
Band. If the case is not appealed,
and the claim is negotiated, the
law in the Musqueam Case will stand
until another case is taken to the
Supreme Court of Canada.
We have been concerned for some
time that the Federal Government
might choose to extinguish all
claims through legislation. The
Musqueam Case appears to be the
judicial corellary of that possi-
bility. If the Government is
secure in its position that they
are not legally bound to follow the
directions of the Band, and are not
responsible for any negligence or
misconduct in selling or leasing
Reserve land, Bands are literally
thrown to the wolves. The Govern-
ment may be prepared to negotiate
but Bands will have absolutely no
power in those negotiations.
J
INDIAN WORLD 7
TRADITIONAL
WISDOM
The other day, I was thinking about
my mother's ‘superstitions’. I
remember she had a whole string of
cautions and do's and don'ts and
rules of behavior and so on, which
did not seem to have any rhyme or
reason or purpose. When I was
growing up, I considered these
things just so many trivial annoy-
ances which I had to put up with
and humor my mother and keep our
family from being ashamed or losing
face- in our community. JI under-
stood, of course, that my mam was
just old fashioned and that it was
no use trying to educate her at
that late time, about modern scien-
tific research findings and freedom
of the individual and so on.
My sister's reactions to all of
' this caused me some mixed feelings.
She just totally rebelled and did,
as they say, ‘her own thing’. In
some ways, I envied her indepen-
dence yet I felt sad seeing how her
behavior caused unpleasantness and
tension in our family. Years
later, I realized how reactionary
my sister's behavior was. In
reality, she had not rebelled but
rather had simply reacted negative-
ly to whatever standards were
expected of her. We both reacted,
one openly and one secretly.
Things are sure changing,
Today I read in scientific and
_academic journals that a pregnant
woman's state affects her unborn
baby (Gee mom, how did you know?)
and I observe my sister putting the
same standards on her children that
she rejected when she was young.
My girlfriend talks about how her
Grandmother used to discipline all
her brothers and her cousins.
Nee
INDIAN WORLD 8
though. -
Whenever she went off track, her
mom would say "Your Grandmother
wants to see you". That was
enough, she said, to keep her
worrying until she finally got it
over with. Not that her Grand-
mother was harsh; on the contrary,
she was kind and loving and she was
always careful to ease her grand-
childrens' apprehensions by holding
and massaging them while she
'disciplined' them. Her discipline
was to talk and explain things in a
calm and reasonable and loving way.
That is what my sister and I never
had; our grandmother died before we
were born but I have heard that she
was a wonderful woman, like my
girlfriend's grandmother. My mom
sure must have missed her. I can
see how much we have lost and how
much more we are destined to lose
because we age rejecting our tradi-
tional Indian wisdom and tokeniz-—
ing, if not outright ignoring, our
Elders. Worse still, many of our
Elders have, and I can understand
why, abdicated their traditional
role as teachers and discipliners
of our families and communities -
the worse our loss.
Last week, I attended a caucus
meeting where Chiefs were trying to
come to a decision on a very impor-
tant and critical matter which
would affect all Indian people in
British Columbia and across
Canada. There were community people
there and the Chiefs were taking
whatever time they needed to make
the reasons for their positions
clear for all present to under-
stand. It was very sad and disap-
pointing to witness the disrespect
shown to one of our Chiefs in that
meeting. This Chief, one of the
very few whose position differed
from the others, was cut off in the
middle of his speech by another ©
Chief. He waited patiently until
the interuption ended, then finish-
ed expressing his concerns. It
seems to me that the time when a
dissenting view is most valuable is
precisely when it is the minority
view, because that is when we need:
to be the most critical. That is
when we should ask ourselves and
each other the most questions.
That is when we should listen most
carefully to other viewpoints. Any
position which cannot stand the
test of questions and = other
viewpoints is tenuous at best.
An Elder person, like my girl-
friend's Grandmother, would have
known how to handle the situation.
I have seen it done. An Elder
would have spoken out and corrected
the breach pointedly but without
putting anyone on the defensive.
An Elder would have handled the
Situation in a diplomatic, respect-
ful way, by telling a story which
would have made everyone realize
what had gone wrong and how it
should have been handled. We would
all have left that room feeling
better about ourselves and about
each other; we would have been
humbler and wiser.
Instead, I left that room feeling
smaller than when I came in because
I felt resentment and shame for the
disrespect and I felt that a bull-
dozing had taken place instead of a
discussion between respected Indian
leaders. I guess I must have
absorbed some of my mother's
"superstitions" after all!
INTERNATIONAL COMMITTEE
AGAINST RACISM
You are cordially invited to attend
a unique conference Feb. 25 - 26 -
27) at the Vancouver Community
College, Langara Campus
To promote better understanding and
rapport between Indians and non-
Indians.
The conference is designed to have
wide and active particpation from
many ethnic groups, community
groups, professions and interested
individuals.
History of Indian People
Canadian Colonialism
Aboriginal Title
Resource Control
Indians Traditions and Culture
For more information please contact
Judalon Jefferies at 738-9962 or
To generate a supportive network
for the continuing Indian struggle
for justice and human dignity.
Keynote Speaker: 684-0231 or
Saree grat Lou Evans at 734-9464
panels and INTERNATIONAL COMMITTEE AGAINST
with such RACISM
The Public Service of Canada is
an equal opportunity employer
The Plenary sessions,
workshops will deal
topics as:
La Fonction publique du Canada offre
des chances égales d'emploi 4 tous
DAVID CHIU, PRESIDENT
J
District Superintendent,
Band Operations
Salary: $35,000 - $39,500
Ref. No.: 12-1121-1 (3030)
indian and Northern Affairs Canada
Fredericton, New Brunswick
Duties
The District Superintendent helps to deter-
mine the overall operating objectives, prior-
ities and strategies of the New Brunswick
district; directs such programs as community
improvement and housing, and Band adminis-
tration funding; plans advisory services in the
areas of Band financial management, local
government, and engineering and technical
services; and ensures that the transfer and
operations of all programs are properly ad-
ministered by the Bands.
Qualifications
The successful candidate will be an indige-
nous person (status or non-status Indian, Inuit
or Metis), and will have experience in manag-
ing a local government development program,
controlling a substantial budget, and super-
vising professional and support staff. He or
she should have solid experience in con-
sulting with Band governments, Indian
associations and tribal councils. He or she
should also be able to provide advice to
these organizations, and to negotiate and
Please quote the applicable reference number at ail times.
monitor agreements with them. An ability to
negotiate with other government agencies on
behalf of Indian people is also required.
Language requirements
Knowledge of English is essential.
Clearance Number: 122-319-000
Note: There may also be a vacancy at the
same level in the next six months for some-
one with solid experience in socio-economic
development.
Additional job information is available by
writing to the address below.
Tout renseignement relatif 4 ce concours est
disponible en francais et peut 6tre obtenu en
écrivant a l'adresse suivante:
How to apply
send your application and/or resume to:
J. Brian Murphy
Staffing Officer
Public Service Commission of Canada
660 Main Street, Suite 603
Moncton, New Brunswick E1C 8M1
Tel.: (506) 388-6621
Closing date: February 25, 1983
Canada
INDIAN WORLD 9
TSARTLIP HUNTING
CASE APPEAL
The Supreme Court of Canda has
granted leave to appeal the Tsart-
lip hunting case involving the
shooting of deer out of season for
the purpose of religious burning.
. The two defendants, Anderson Jack
and Louie Charlie, are determined
to pursue the principle of freedom
of Aboriginal regligion inspite of
negative judgments at the Provin-
cial level. Although he ruled
against the defendants, the trial
court judge did say that he felt
that Indian religious beliefs were
sincere. The County Court Judge
ruled that feedom of religion
implied the right to belief but not
to act on the belief. The appeal
judges were split on the issue, one
agreed with the principle of
Aboriginal religious freedom if the
practice did not cause any harm,
while the other two judges agreed
with the lower courts that freedom
of religion did not allow the right
to act on religious belief.
This case is being argued on the
basis that provincial law cannot be
applied to curtail or restrict
Aboriginal religious freedom. ‘The
appeal is seeking two rulings: one,
that there is no fundamental reason
to restrain the activity in ques-
tion and two, that Aboriginal
freedom is protected by Section 91
(24) of the The Canadian Constitu-
tion (as the Federal Government
itself demonstrated when it used
that section first to ban potlatch-
es the later to legalize them).
The Supreme Court of Canada granted
leave to appeal because the defen-
dants demonstrated that their case
raised issues of national concern
(beyond B.C.), that this issue has
never been raised before and that
the issue of Aboriginal religious
freedom is of grave importance.
The appeal will be heard in Ottawa
during the current Federal Supreme
Court session which concludes in
April.
INDIAN WORLD 10
YOUR INDIAN ART IS NEEDED
SYO:YS Native Arts Centre
SYO:YS Native Arts is an Indian
Arts and Crafts store, located at
33236 - 1st Avenue, which is on the
Main street of Mission, B.C.
We are appealing to all our Indian
Artists to give SYO:YS store sup-
port. If you have any arts and
crafts you could put on display to
sell on consignment, we would
appreciate them.
The store policy on consignment is:
1. Give you a receipt for articles
submitted.
2. Add a small percentage to price
you want.
3. Clearly identify the Artists
~~ name and tribe
4. Identify what the craft is and
the year it was made.
5. If you are interested, please
contact:
Kay Craves or Irene Aleck,
Store Manager
SYO:YS Native Arts Crafts
33236 — Ist Avenue
Mission, B.C. V5V 1G6
826-0349
a
INDIAN WORLD 11
FIRST NATIONS
GOAL
GENERAL
TO BUILD, DEVELOP AND FIRMLY ESTABLISH: OUR
ABORIGINAL STATUS, TITLE, RIGHTS, NATIONS, GOVERNMENTS
AND INHERENT RIGHT TO SELF- DETERMINATION,
SPECIFIC
LANGUAGE
ESTABLISH OUR OWN NATIONS' AND TRIBES' LANGUAGE AS
OUR FIRST LANGUAGE
HISTORY
DEVELOP OUR HISTORY FROM OUR OWN PEOPLES' OR
NATIONS! PERSPECTIVE
CULTURE
PRACTICE THE CUSTOMS, VALUES, & BELIEFS OF OUR
PEOPLE & NATIONS
TERRITORY
DEFINE & KNOW THE TERRITORIAL BOUNDARIES OF OUR
NAT |ONS
RESOURCES
MANAGE & UTILIZE THE RESOURCES WITHIN’ THE
BOUNDARIES OF OUR NATIONS TERRITORIAL LANDS,
INSTITUTIONS
DEVELOP OUR OWN POLITICAL, ECONOMIC, SOCIAL,
CULTURAL, EDUCATIONAL & SPIRITUAL INSTITUTIONS
GOVERNMENT
ESTABLISH OUR OWN FORM OF INDIAN GOVERNMENT WHO'S
SOURCE AND POWER IS THE PEOPLE OF OUR COMMUNITY
AND NATIONS
POLICY & LAW
MAKE OUR OWN POLICIES & LAWS TO MANAGE &
ADMINISTER THE AFFAIRS OF OUR BANDS AND NATION
NATIONAL CONSTRUCTION PROGRAM
ENHANCE THE UNIQUENESS OF OUR PEOPLES' &
NATIONS IDENTITY: DECLARE OWN HOLIDAY: DESIGN
& DEVELOP SYMBOLS WHICH ARE UNIQUE AND SPECIAL
TO OUR PEOPLES & NATIONS
ADMINISTRATION
ESTABLISH ADMINISTRATION THAT DELIVERS
PROGRAMS WE DESIGN AND SIMPLY GOES BEYOND
DELIVERING DIA PROGRAMS
INTERNATIONAL AFF AIRS
ESTABLISH OUR OWN CEREMONIAL PROTOCOL AND
FOREIGN POLICY TO GOVERN AND REGULATE OUR
DIPLOMATIC RELAT|ONSHIPS WITH OTHER '
PEOPLES & NATIONS AROUND US AND OF THE
WORLD,
INDIAN WORLD 12
WORLD FAMILY OF FIRST
NATIONS
A MAJOR POTLATCH TO CONTINUE BRINGING TOGETHER THE INDIAN NATIONS
OF THE WORLD, WAS HELD ON NOVEMBER 27/82 BY THE HEREDITARY CHIEFS
OF THE THUNDER NATIONS (WEST OF THE CANADIAN ROCKIES). THE POTLATCH
WHICH BRINGS PEOPLE TOGETHER THROUGH SHARING, IS FAR DEEPER THAN ITS
OBVIOUS SOCIAL OR RELIGIOUS ASPECTS. THE POTLATCH IS THE FOUNDATION
OF THE TRADITIONAL HEREDITARY POLITICAL SYSTEM WHICH GOVERNS THE
PEOPLE, LAND, RESOURCES AND ALL THE AFFAIRS OF THE THUNDER NATIONS,
THIS POTLATCH IS A CONTINUATION (ACCORDING TQ POTLATCH TRADITION)
OF THE POTLATCH HELD IN LONDON LAST YEAR AT THIS TIME, WHEN THE
INDIAN PEOPLE AND THE HEREDITARY CHIEFS WERE WORKING IN EUROPE TO
FIGHT TUUDEAU‘S CONSTITUTIONAL PLANS. AT THIS TIME, THE HEREDITARY
CHIEFS WILL BE MAKING DECISIONS ABOUT HOW THEY WILL PERSUE AND
CONTINUE THEIR WORK TO SAFEGUARD THE LAND AND INDIAN RIGHTS, “WE
DON'T WANT THE ELECTED REPRESENTATIVES TO SELL THE LAND” SAID ONE
HEREDITARY CHIEF “WITHOUT THE LAND, WE ARE A DEAD PEOPLE. THAT IS
THE PHILOSOPHY WHICH HAS SURVIVED FROM GENERATION TO GENERATION,
THAT NO MONEY CAN COMPENSATE FOR THE LAND, MONEY CAN ONLY LAST A
SHORT TIME; IF WE KEEP CONTROL OF THE LAND, IT WILL LAST FOR OUR
GRANDCHILDREN AND THEIR GRANDCHILDREN. IT'S NOT JUST FOR TODAY
THAT WE MUST DECIDE,”
"WE DON'T WANT ANYONE TO ACCEPT MONEY FOR WHAT WAS GIVEN TO US
SINCE THE BEGINNING OF TIME” SAID ANOTHER HEREDITARY CHIEF. . “THE
LAND, OUR FOOD, THE WATER, THE AIR - NONE OF THIS IS FOR SALE, IT
WAS GIVEN TO US TO LOOK AFTER.”
THE POTLATCH IS AN INSTITUTION WHICH EMBODIES MANY DIFFERENT SOCIAL,
ECONOMIC, POLITICAL AND RELIGIOUS ASPECTS. QNE ASPECT OF THIS
PARTICULAR POTLATCH WAS THE ADOPTION OF SOMBI NIILAS INTO THE
THUNDER NATIONS. .SOMBI, WHO IS VERY HIGHLY RESPECTED AND ADMIRED
FOR HIS PERSONAL COMMITTMENT AND SACRIFICE ON BEHALF OF HIS SAMI
PEOPLE, WAS GIVEN AN INDIAN NAME AND WELCOMED AS A FAMILY MEMBER
INTO THE LAND AND HOMES OF THE PEOPLE OF THE THUNDER NATIONS. _ THE
WELCOMING WILL ENSURE THAT SOMBI WILL RESPECT THE LAWS OF THE THUNDER
NATIONS AND THE LAND AROUND HIM. “THIS IS THE MAIN REASON FOR THE
PROBLEMS IN CANADA” SAID ONE HEREDITARY CHIEF, “THE WHITE PEOPLE
WEREN'T WELCOMED HERE IN THE TRADITIONAL SENSE AND THINGS WENT WRONG.
THC HAD NG RESPECT - THEY DESTROYED WHAT SHOULD NOT HAVE BEEN
D
THIS ADOPTION IS THE FIRST COMPONENT QF THE ;HEREDITARY CHIEFS’ PLAN
TO FORMALLY UNITE, INTO A SINGLE GLOBAL FAMILY, ALL THE INDIAN
NATIONS OF THE WORLD AND TO DISPELL THE POPULAR NOTION,: PROMOTED
BY GOVERNMENTS, THAT INDIAN PEOPLE ARE MINORITIES. ON A WORLDWIDE
BASIS, INDIAN PEOPLE FAR OUTNUMBER THE NON-INDIANS,
J
INDIAN WORLD 13
\N
John Munroe,
Minister of Indian Affairs
Ottawa, Ontario
Sir:
The purpose of this letter and
telex to you is to express my deep-
est concern to you again.
In November, a home burned with
children in the home, the children
died. The children were Shuswap
Indians from Deadman's Creek. We
had gone down to see the family to
bring what we can. I know that
nothing or noone can replace or
take away the hurt and the pain the
family is going through at this
time.
My father, Fredrick Arnouse, passed
away last October, 1975, in a house
fire at the Adams Lake reserve.
His home burned right down before
anyone could reach the house. ‘They
told me it was faulty wiring but
were not sure. It took me this
long to even write or talk about
him.
My grandfather, Lazaire Michele,
fell on the street, and was dragged
to jail. The reason he fell was
because had a heart’ attack.
Despite efforts of his son to get a
doctor no one listened. He died in
jail. My garndmother died a little
less than a year later.
The emotionally and
sufferings since
spiritual
Residential
INDIAN WORLD 14
school, small pox and other diseas-
es, physical massacre and spiritual
genocide, of my family's has got to
stop.
While I am struggling and fighting
for what little rights we have
left, you are at our back door buy-
ing off our leaders with our
money. We could be utilizing this
money to fix the homes with faulty
wiring or making new homes or jobs.
I, for one, do not want to be
dependant on the Department of
Indian Affairs all of my life or
for the life of my children.
We need funds to become self-suffi-
cient. We have a Committee that
has been made by you on Economic
Development in our area so that you
do not have to answer to us.
I will fight for the land that our
grandfathers and mothers lived off
of. The land belongs to us. The
land is our survival.
In closing, I would like to stress
that the Concerned Aboriginal Women
will become stronger because of
these types of pains and hurts that
are very basic but so very close to
our hearts.
I, too, and my
family.
love my children,
Sincerely,
Donna Anthony
Concerned Aboriginal Women
What is Poached Salmon?
Just recently this question , what
is poached salmon, has come up more
often than usual because of the
charges laid against approximately
130 Indians. In my opinion, of
course, there are only two explan-
ations of what poaching salmon
means. The first, a poacher is a
person that is fishing in any bed
of water including the ocean
attempting to catch fish, while he
or she does not have written
permission to do so from the Feder-
al fisheries and more important
fishing while fisheries has a
closure in such waters in force.
Because of my belief and upbringing
and what I was taught, not only
from. my parents and grandparents,
but also from the many relatives
whom I listened to, no Indian can
even fit into a poaching category
because it is our aboriginal right
to fish.
Anytime an Indian person fishes he
is exercising his belief in his
aboriginal right to fish, regard-
less of the time of day, year or
place.
At one time in our Indian life,
when fish was not seen as a multi
million dollar business. The only
people who were selling fish, and
bartering with fish as a tradition-
al method of economic survival were
Indian people. The restrictions
then began when the commercial
aspect of fish came into being.
Then Indian people were limited to
a certain number of days fishing
time. Each year more and more
restrictions came into existance.
And now today fisheries attempt to
control Indian people through these
restrictions, to the point now that
Indian people cannot even share
their fish, by giving it away
because it is supposed to be for
our own use, which contradicts our
culture and upbringing. For
instance I was taught to share my
belongings whether it i§ material
or food. If I see someone in need
it is customary to give whatever
their needs may be. In fact, if I
catch any fish I should as a custom
give as much away as I can without
question to my relatives but also
friends or again anyone in need.
And now for the purpose of inform
ing those who wish to know an
Indian Point of view of what poach-
ed salmon is.
Poached Salmon
Fill a frying pan 1" deep with milk
or wine and heat just below boiling
point. Add IeSmall Indian fish,
sprinkle with salt. Reduce the
heat and cook gently until the fish
flakes when tried with a fork.
Lift out fish and serve it with a
sauce made out of the juice in the
pan.
I must in sincerity thank the
Federal fisheries for the excellent
job they did in promoting and
educating the non-Indians, that it
is our aboriginal right to fish and
that only good can come out of the
events to happen next.
/
INDIAN WORLD 15
!
FISHING IS OUR ABORIGINAL RIGHT
a
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INDIAN WORLD 16
Pappas Furs and Indian Traders
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681-6391
Part of Indian World (January 1983)