U.B.C.I.C. Up-Date - First Issue (March 1, 1984) · UBCIC Periodicals

U.B.C.I.C. Up-Date - First Issue (March 1, 1984)

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U.B.C.I.C. Up-Date - First Issue (March 1, 1984)

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1.06-01.07 UBCIC Up-Date

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March 1, 1984

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JINION OF B.C. INDIAN CHIEFS
440 West Hastings
Vancouver, B.C. V6B 1Ll

U.B.C.1.C. UP-DATE
MARCH 1, 1984

TRIBAL COUNCILS, BANDS

UNION OF B.C. INDIAN CHIEFS OFFICE

First Issue

Message From The President, Chief Saul Terry...-......--

I would like to take this opportunity to thank many of you for your kintd words of
encouragement and support expressed throughout my travels in this province and
through telephone calls and visits to our office here in Vancouver. I welcome
your invitations to vistt your areas and look forward to hearing your views. Many
of you have pointed out that communications ts a vital link for our success and
this U.B.C.I.C. Up-Date ts being re-introduced to you as Briefings on the vartous
issues of concern to Bands and Tribal Councils. I hope this intttative wtll en-
hance our communication with one another and prevent problems caused by mistn-
formation. In the past, the Unton of Chiefs have been tnvolved in an all-encom-
passing process with all issues which affect Indian people. In a recent meeting,
the Chiefs Council of the Union of Chiefs directed us to continue to amplify the
issues and concerns of member bands. These issues, of course, tnvolve constttu-
tional, legislative, and policy matters over which we must matntatn a constant
vigtl to protect and enhance our quest for self-determtnatton.

The Executive Committee has been hampered in tts attempts to restructure the
organization due to two vacanctes of the office of Vice-President. To compensate,
our Chiefs Council meetings have been called each month stnce my taking office tn
order for our work to carry on in a proper way. It ts encouraging to me that
member Nations (Tribes) have identified their representation to Chiefs’ Counctl
and that others are tn the process of a selectton. This ts necessary tf we are
to resolve organtzational matters. If the Chtefs Counctl delegates are clearly
tdenttfied as representing their respective areas on the U.B.C.1.C. Board, this
would certainly facilitate discusstons of issues that concern our people. Getting
to feel and understand the duties and responstbiltttes of this office takes time
but you may be assured that these shall be carrted out to the best of my abtitty.
With your active support and counsel, there should be no questton of success for
the Unton of B.C. Indian Chiefs.

1. Chiefs Council Business:

a. Doctrine of Consent - The Indian Nations have consistently declared that
they are sovereign nations, have never sold, ceded, or surrendered their lands
and that the ruling governments must have their consent before legislating any
policies for Indian lands, Indian resources, and Indian government systems. To
determine the strength of the Indian position on consent as of 1983, attached
is the U.B.C.I.C. Statement on the Doctrine of Consent; and the background
evidence of the Significance of Indian Consent. The U.B.C.1I.C. presented this
Statement to the Assembly of First Naticns Conference in Toronto in February.
The Chiefs adopted a resolution that the A.F.N. demand Canada adhere to the
Doctrine of Consent and the Royal Proclamation of 1763; and that the A.F.N.
reaffirm any agreements achieved through the Constitutional Process or the
Bilateral Process affecting the sovereignty, territories, or agreements of the
First Nations, must be formally ratified by the people of each First Nations
concerned as an expression of their free and tnformed consent. Canada is to
be informed of this position at the next First Ministers' Conference.

b. International Political Development: Historical Research - Added tc the
Significance of Indian Consent documentation is an overall picture of the
political development internationally. This research provides the basis of
why the Indigenous Nations philosophies are in conflict with today's world-
wide governing systems; why the early Thinkers, Philosophers, Monarch, and
Religious Leaders continued to change the powers of governing and why

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U.B

.C.I.C. UP-Date cont'd

they embraced the doctrine of inherent rights, doctrine of consent and inter-
national law. This evidence provides for us an understanding that the govern-
ing systems throughout the world were developed by ordinary men; their inter-
pretation or reasons for entering various territories, and why they had to make
international laws to conform to the taking of these territories. The research,
very importantly, takes us through the long historical road of the reasoning
behind the European Rulers’ developments of democratic society as each phase

of civilization took place and which its governing systems affect us today.

¢. Indian Self-Government - What started out as an analysis of the Special
Committee Report on Indian Self-Government became an overall picture of where
Indian Nations find themselves today. Just how we fit into the Present Cana-
dian System; how the Self-Government recommended changes will fit into the
system; and what Joint functions will be established is being outlined into
workshop materials. It is the opinion of the U.B.C.I.C. that the Self-Govern-
ment Report does not reflect the basic principles of Indian Self-Government and
ignores the sovereignty issue. Once again, this report is just one more issue
of the day for Indians to tackle with and as a result, the U.B.C.1I.q. did not
feel it warranted too much of our time when the whole question of our human
rights is being debated by the Federal and Provincial Governments without our
consent.

Aboriginal Rights Issues

a. Health - There is a proposed legislation called the Canada Health Act and
copies should have gone out to the bands by now. The U.B.C.I.C. will be for-
warding an analysis of this Act to the bands. This is the latest power struggle
between the Federal and Provincial Governments in providing essential services
to the people in Canada. In this new Act, the Federal Government is hoping to
set standards for medical services and provide guidelines that each province
must meet if they want Federal cash contributions. If the provinces don't com-
ply then the Federal Government will reduce the funding on a dollar for dollar
basis if the provinces charge the people ‘user’ or ‘extra-billing fees'. The
Canada Health Act is designed to replace two current Acts: the Hospital In-
surance and Diagnostic Act and the Medical Care Act, and provides penalty
clauses which are applicable to the provinces. The question is what form will
this extra-billing take and how will it affect Indian people if at all. Doctor
Prestage has assured this office that there will be nce changes to the present
services covered and his department will continue to pay the premiums. Bands
should remember that the Federal Government policy is to encourage Indians to
agree to triparte arrangements. But, the Federal Government is encouraging all
medical services to be delivered by the provinces. Our concern is how these
two policies can work together. The U.B.C.I.C. will continue to research this
Act based on our policy of Indian control and consent. We shall be cautious in
accepting this Act as this may be similar policy as in 1979 (Indian Health Policy)
but by a different route.

b. Fishing and Hunting - The U.8.C.I.C. lawyers report that while the politi-
cians speak at the Ccenstitutional Conferences, Band members have been suffering
the on-slaught of more hunting and fishing charges than ever before. It appears
that the governments are attempting to aggrevate the issues of hunting and fish-
ing with increased pressures. It may be that they are hoping that these two
items will become the centerpiece for negotiations at the Constitutional talk
and will in the end define aboriginal rights. It is unfair to have the Indian
people at the Conference table while arm-twisting by increased policy activity
while Indians sustain their way of life. One hundred per cent of where the
accused are found guilty have proceeded on the basis of statements made ry the
accused. Band mempers shculd be advised not to speak to the officers at all,
except to give their name and address.

c. Jurisdictional Issue - The Federal and Provincial Governments continue to
battle over jurisdiction on reserve lands. There are two cas2s where the
Province is opposing the families custcdy, arguing they should have the final
say. A legal argument has developed where the Province insists upon the right
to present first their case involving their jurisdiction. A recent judgment
brought down by the British Columbia Court of Appeal was that the Provincial
Family Relations Act Section dealing with the question of whc can permanently
possess a house in a matrimonial fight cannot apply on an Indian Reserve. The
Kamloops Indian Band Social Services Tax Case is still being exraqued under
Appeal. The issue involves whether or not surrendered land is ccnsidered part

_of the "reserve" under the Indian Act, so that the benefits of the Lillian Brown

U.B.C.1I.C. UP-Date cont'd

case will apply when sales transactions take place on leased land on a reserve.
The implication is that the Province is arguing that Section 91(24) of the
Constitution Act allows only the regulation of Indian residential use and not
commercial use. The Federal Government has intervened in the case. Also, the
Kamloops Indian Band Taxation By-laws is being developed so that the Band can

tax non-Indian occupiers of the reserve land. In two fishing cases, the Courts
have upheld the validity of a Band By-law in cases where the fishing is prohib-
ited by the B.C. Fishery General Regulations but permitted under the Band By-law.
The County Court of B.C. ruled in favor of the By-law and this decision will not
be appealed. Under the Cut-off Claims Policy, the B.C. Government has claimed
that they hold title to the land since confederation. The Indians have requested
that the wording be changed to read "alleged title", and this suggestion has been
forwarded to Brian Smith, Attorney-General for B.C.

International Issues:

4
a. The Canada/U.S.A. Salmon Treaty Negotiations - took place in Seattle, Wash-
ington from January 15th to 26th, 1984. These talks were aimed towards manage-
ment of the Salmon stocks to prevent overfishing, provide for optimum production
and to provide certain benefits to each side. The areas for discussion were the
Yukon River, Transboundary Rivers (Alsek, Stikine, Taku), Northern B.C. - South-
east Alaska boundary area, Fraser River, Southern B.C. - Washington boundary area.
Approximately fifty Canadian representatives were present consisting of Government
(Federal, Provincial and Department of Fishery) and Industry. There were Native
representatives from Nishga Tribal Council, Native Brotherhood of B.C., Central
Native Fisherman's Co-op and the Union of B.C. Indian Chiefs. Even though it was
agreed by both Canada and U.S.A. that conservation was necessary in view of the
depleted Salmon stocks there was no agreement reached. These talks have been
on-going for approximately eleven years.

b. Chief Robert Satiacum - One of the great Indian leaders is sitting in jail

in Okalla awaiting deportation to the United States. The leader is Chief Robert
Satiacum, age 55, who has devoted all of his adult life to fighting for Indian
rights. He was a major participant in the fight for fishing rights in the State
of Washington and his contributions were realized with the recent Boldt decision
where the Indians were awarded 50% of the catch on the basis of Treaty rights.
Chief Satiacum actively encouraged his people to exercise the "trading clause"
within the treaty. That clause is really about the economic self-sufficiency of
his people. Many people in the State of Washington particularly do not want
Chief Satiacum to succeed in enforcing trade right in the same way Indians were
successful in enforcing fishing rights. One way to neutralize an Indian leader
is to make him a criminal. This has been done, charging Chief Satiacum with
numerous counts of selling cigarettes on a reserve without paying tax and charg-
ing that the Chief was part of an attempted murder and embezzlement, charges
which Chief Satiacum flatly denies. Chief Satiacum has been living underground
in Canada for a year. He recently was captured and is now in Okalla prison until
his deportation hearing is concluded. His defence at the deportation hearing is
that he is a political prisoner and should he return to the United States, he
expects unfair and unwarranted punishment from the United States government. The
preparation of this argument is underway. A bail hearing has been set for March
14th. The Chief will require all the assistance which he can get. He has been
adopted by the Burrard Indian Band (he too is a member of the Coast Salish Nation)
and the Nuxalk Nation. Hundreds of people phoned the Homemakers 876-0944 pledg-
ing their names in support of his bail application or money or both. It would be
a major victory for the Indian people to have Chief Satiacum released on bail
pending their support to see this Indian leader released from a Canadian jail.

c. World Council of Indigenous Peoples' - are holding the Fourth General Assembly
in the Mexican Village of Tlahuitoltepec, 80 kilometres north-east of Oaxaca City
in Oaxaca Province on June lst to 10th, 1984.

Other News of Interest:

Grand Chief George Manuel suffered a stroke on New Years day. Since then he has
made a remarkable recovery at the Mission Hospital near his home. Ile is able to
phone the Union cffice to thank all the people who extended well-wishes, flowers,
and gifts on his birthday on February 18th. He also wishes to let people know
that he appreciates the visits at the hospital. Also, Chief Bill Poberts Sr who
suffered a stroke over a year ago is doing very well and is at home getting about.
We offer continued support and prayers to both George and Bill and their families.

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