Indian World (January 1983)

1.06-01.04 Indian World

1.06.-01 Newsletters and bulletins sub-series

January 1983

english

1.06-01.04-05.01

16

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

Herman Thomas

Chief Art Jones

Donna Anthony

periodical

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 SUMAS CLAY PRODUCTS Quality and Beauty to Last a Lifetime. CLAY FLUE LINING 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 \. INDIAN WORLD 16 Pappas Furs and Indian Traders specialists in North Ameritan Indian Materials, Artifacts, Rare Old Collectors Items, Jewellery, Baskets, Carvings, etc. WE BUY, SELL, AND TRADE FREE APPRAISALS 459 Hamilton St. at Victory Square Vancouver, B.C. V6B 2P9 681-6391