Periodical
U.B.C.I.C. Up-Date - [Issue no. 2] (April 5, 1984)
- Title
- U.B.C.I.C. Up-Date - [Issue no. 2] (April 5, 1984)
- Is Part Of
- 1.06-01.07 UBCIC Up-Date
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- April 5, 1984
- issue
- 2
- Language
- english
- Identifier
- 1.06-01.07-01.02
- pages
- 7
- Contributor
- Chief Saul Terry
- Type
- periodical
- Transcription (Hover to view)
-
UNION OF B.C. INDIAN CHIEFS
440 West Hastings
Vancouver, B.C. V6B 1L1
U.B.C.1.C. UP-DATE
APRIL 5, 1984
TRIBAL COUNCILS, BANDS
UNION OF B.C. INDIAN CHIEFS
TSOLE po. ;
MESSAGE FROM THE PRESIDENT-CHIEF SAUL TERRY
The Canadian Constitutional discussions held on March 8 and 9, 1984 in
Ottawa consisted of the three parties: the Federal Government,the
Provincial Government and the First Nations(Aboriginal Peoples) as they
went through the motions of resolving the long-standing unfinished
business of Indian/Canada relations.
From information we received, the matters to be discussed were to be
Indian Title, Aboriginal Rights, Treaties, Treaty Rights, Self-Government
and Equality Rights.
We witnessed the Federal Government propose entrenchment of Indian
Government Institutions to deal with Indian language,culture and programs.
What did this proposal mean? In essence, it meant that the Indian
expectation to Self-determination in our homeland is being viewed by non-
Indian government institutions far below our expectations. For example, the
proposal did not outline any specific jurisdictional areas separate from
Federal or Provincial Governments. Indeed, if there were to be any
jurisdictional authority granted, and it is certain, they would be done
from, under Federal or Provincial authority. In short, it meant that any
form of inherent sovereignty expected by Indian Nations was denied thereby
dashing participation by Indian Nations as a distint order of Government
in Canada.
Through the Amending Formulae of the Constitution Act,1982, the
provinces are assured of a say in the determination and definition of
Aboriginal and Treaty Rights. It should therefore have come as no
surprise that there was an impasse with respect to the Federal Proposal,
despite the Prime Minister’s appeal to the Provinces pointing out that the
effort was only symbolic and involved no loss of power by the Federal and
Provincial Governments.
Indian reaction to the Provincial position of non-compliance to the
Federal entrenchment proposal was anger and frustration. However, there
appeared to be a resolve for continued discussion on a bilateral basis.
At the First Ministers” Conference, as in the First, the equality
“rights clause took up much time. Notwithstanding that the equality rights
for wamen under Section 12(1)(b) of the Indian Act is a very critical
question, there was concern or a fear that the language which "guaranteed"
Aboriginal women and men’s right as being equal may be deemed stronger
than having the overall Aboriginal and Treaty Rights "recognized and con-
firmed". Further, under the equality rights question, confusion or incon-
sistency was added by the Metis asserting that they should come under
Section 91(24) of the British North America Act. This in a time when the
Assembly of First Nations is expressing the desire to come out from under
its subsequent legislation, the Indian Act, and move into Self-Government.
Discussion in this area concluded with the understanding that the equality
rights clause would be reviewed, redrafted and put forward again next
time.
Page 2
There is a committment by the Federal Government to table legislation
and have Indian Self-Government develop through discussion but such a
process would certainly be a compromise from any move toward Self-govern-
ment. This comment of compromise is made in light of the fact that
Senator Jack Austin has been appointed to do an inventory of the expend-
iture on and needs of the Indian people. Would this (transfer of programs )
comprise the Federal Government ’s concept of Indian Self-Government?
The result of the latest First Ministers” Conference leaves no doubt
that there is a definite need for Indian Nations to apply political
pressure in 1984. If there is to be any movement on the question of
"Title" in our favour, we definitely have to have our communities
appreciate and understand the implications of influencing the
Constitutional debate both at home and abroad.
PROTECTION OF THE ENVIRONMENT '
Indian people in British Columbia are worried about the continued
abuse of the natural resources. We say that all our lands, forests,crops,
fish, wildlife, and waterways will be polluted and depleted if the indust-
rial and mining companies; smelter operations; and hydro-electric
corporations continue to go into virgin lands to carve out building sites
for their operations. Here is what is happening. Companies like the
Calgary-based Panarctic Cils Ltd. spend years exploring for oil and gas
"in the frontiers" and at the end of it expect to make a return on its in-
vestment. This type of encouragement comes from the Federal Government
who puts up as much as $130 million towards planning and research for
commercial oil and gas production in the frontier regions. Companies such
as Panarctic give the public and the Indian people, professional promises
that there will be no net loss because of these projects but the reality
is that there are many unknown factors involved. The unknown here is that
once the oil and gas is produced, then the method by which they will be
transported out of the frontier poses a threat to our environment. How
will the oil and gas be moved? Usually, it is the Southern populace which
requires these resources so how will the companies supply to the South. In
this case,one scheme is through a buried pipeline from the MacKenzie Delta
going through the MacKenzie River Valley. Or, under another scheme, ice-
strengthened tankers would move the crude from the Beaufort Sea through
the Northwest Passage. The Federal Government says that they prefer to see
a small-scale project developed before giving final approval to full-scale
development in order to evaluate the impact of the proposal. The Panarctic
Officials say that their pilot project fits right in with the Federal
Government ‘s objectives. What are those objectives?
(Excerpts: Globe & Mail Report)
Coming west from the Panarctic Operations in the North, the Ports of
Prince Rupert and Halifax will gain independent status by June 1,1984
under recently changed Federal legislation.This means that these two ports
will set their own tariffs, write by-laws, and authorize expenditures of
as mich as $10 million and sign agreements for as long as 10 years. The
Port of Prince Rupert is expanding rapidly with a new $280 million coal
terminal that began operating in January,1984, and, a $275 million grain
terminal under construction and expected to load its first ship early next
year. The coal terminal, built expressly to handle metallurgical and
thermal coal from the new $2.3 million mine development in Northeastern
B.C., is owned by Ridley Terminals Inc.,a joint venture of the National
Harbours Board and a Montreal-based Federal Commerce and Navigation Ltd.
(Excerpts: Globe & Mail, March 20,1984)
As you leave Prince Rupert and travel along the Skeena River, through
Terrace, along Highway 16 south to Kitimaat, you will find the results of
the first Kemano Hydro-Electric Project which was built by the Aluminum
Company of Canada. They now wish to double their production and have
proposed two additional smelters with one to be located in Vanderhoof,
which sits on the Nechako River. The lastest project proposes to construct
additional power generation capacity, a second diversion tunnel from the
Nechako Reservoir, a dam and tunnel to divert water into the Reservoir
Page 3
from the Skeena River system and other facilities. In 1953, an analysis
was done of this River system and, as stated in this analysis,"since the
closure of the Kenny dam, the mean flow in this reach will be reduced by
82% during the period of migration. This reduction in flow will cause
certain critical areas to become so shallow that sockeye may be delayed or
fail to pass." This reduction in mean flow will cause the water tempera-
ture to rise and may act as a physical block to sockeye heading for the
Spawning grounds upstream causing distress and death in the process. The
Lillooet Tribe takes the position that if the Fisheries is threatened
because of development, it would be the mandate of the Indian people to
protect the Fisheries at the expense of Development.
British Columbia will be victim to the greatest resource development
with these large projects coming from the North, along the Port, and the
Alaska Pipeline which will eventually transport natural gas from ‘the North
Slope of Alaska,across Canada,to the lower 48 States of the United States.
It will also provide access through the Dempster Lateral to Canada’s own
reserves in the MacKenzie Delta-Beaufort Sea area of the Northwest Terri-
tories. The Alaska Pipeline will go as far south as Los Angelos,diverting
from Edmonton,and, on the East Coast will go as far as southeast of
Chicago. The pipeline will run through Saskatchewan, Alberta, British
Columbia,and Yukon to the Arctic Ocean.
These are some examples of the Environmental development of a Consort-
ium nature,not to mention the smaller-scale operations such as the
drilling of a well in the Desan area near the Helmet Gas Field, 120km
northeast of Fort Nelson by Gulf Canada Inc., a unit of Gulf Canada Ltd.,
of Toronto. There have been six of eleven oil wells drilled to date by an
industry consortium in the Eastern portion of the North-Central Alberta’s
Peace River Arch. In some cases, oil is being trucked out but with other
oil drilling projects, companies have announced plans to build a pipeline
fram the discovery in Northern Alberta that will be capable of carrying at
least 10,000 barrels a day.
RESOURCE-SHARING-Canada is being approached by the United States to buy
resources. According to a report in the Vancouver Province, February 19,
1984, B.C. Hydro is being asked to contribute some of its massive surplus
power to California jointly with utilities in the U.S. Pacific Northwest.
B.C. Hydro has held preliminary talks with the U.S. Utilities which have
been negotiating with California buyers and are now handing over the plan
to the Bonneville Power Administration which supervises electricity-mark-
eting in the American Northwest. If B.C. Hydro is able to include in the
package all the surplus power it is currently seeking permission from the
National Energy Board to export over the next five years, it would yield
$1.125 Billion. The unknown factor here, according to the article, is the
U.S. Utilities were looking for B.C. to supply power in the later years of
the contract when most of B.C. ’s surplus will have vanished. In the Globe
& Mail of March 27, 1984, it was reported that there has been 27 interven-
ors which include municipalities, native and environmental groups,the Con-
sumer Association of Canada and companies, who fear the utility is moving
from exporting surplus power to the deliberate generation of power for
export.
Coinciding with this, the Vancouver Sun reported: Canada has so much
fresh water that developers and planners within the country and across the
United States border take it for granted. The article says that the river
flow, coveted for Hydro-electric power and irrigation(Canada is one of the
biggest dammers and diverters of rivers anywhere)spills out at the wrong
time of year in spring runoffs, when it is not needed, in areas that dry
out under the summer sun and 80% of it flows North away from the centres
of population.These are the problems,compounded by recurring U.S.proposals
to import Canadian water, the escalating threat of acid rain and sensitive
relations between the Federal and Provincial Governments over water use,
that have been handed to an Advisory Committee set up to study Federal
water strategies. This Advisory Committee was appointed by the Federal
Page 4
Environmental Minister, Charles Caccia, to hold hearings across the coun-
try and is made up of Chairman Peter Pearse, Francoise Bertrand,Associate
Dean of Resource Management with the University of Quebec and Montreal ,and
James MacLaren, a Toronto-based consulting Engineer. One of the most sen-
sitive areas is the relationship between the Federal and Provincial
governments on water use. The Provinces claim jurisdiction over most areas
of water management and in B.C., the province owns all the water, having
wiped out rights still held by some water users in other provinces under
the old common law. But the Federal Government has control over boundary
waters, navigation, and fish runs that spawn in provincial waters. It also
has a responsibility for water quality controls and pollution standards.
Canada has attempted to keep proper control of its resources over the
United States ‘need to bring natural resources into its country.Recently,as
an example, Canada broke off talks with the United States to preserve
Salmon stocks because the United States still expects Canada to bear the
burden of reducing the catch of salmon so stocks can be rebuilt.
The other issue in which Canada is taking a strong stand is on acid
rain. Canada maintains that there were estimates that acid rain was doing
$5 Billion worth of damage a year in the United States. The United States
charged that Canada is not really serious about solving the problem since
it produces twice as mich acid rain per capita, but, Canada announced that
she was prepared to embark on a program aimed at cutting sulphur pollution
which is the acknowledged cause of acid rain by 50% in the next 10 years
and that she will proceed independently of the United States.
Apart from disagreements on proper control of resources, there are
conflicting claims by Canada and the United States for control of the
resource-rich Georges Bank in the Gulf of Maine which will be argued in
the International Court at the Hague beginning April 2nd. Canada claims
the area while the United States says its all theirs.
WHAT DO THE INDIANS SAY?
Although there are probably numerous other groups fighting this issue,
there are three distinct groups opposing environmental developments. The
Bonaparte Indian Band has a membership of 372 and of this number,143 live
on Reserve #3, and, 73 live in the adjacent communities of Cache Creek and
Ashcroft. The Band wants the B.C. government to call a formal inquiry into
its plan to create a toxic waste dump on land near Ashcroft traditionally
used by the Band. If the government refuses to call for public hearings,
the Band will stage its own inquiry. A study prepared for the Band
attacked the governments decision to let a private company-a consortium
of Genstar Conservation Systems Ltd of Vancouver and I.T. Systems Ltd of
Wilmington,California-operate the dump.A survey of Band members found that
the community membership are virtually 100% opposed to the toxic waste
dump being located near the Bonaparte village or any of the reserves.
The Gitskan-Wet “suwet “en Tribal Council, representing 4,500 people who
live in the Buckley Valley and along the Skeena, declared in their formal
Brief on the damming of Nanika Falls and the diversion of water from their
territory will not proceed. Their Brief pointed out that the Tribes have
an Aboriginal Claim on the land which the Federal Government is committed
to negotiate. They have called for a full-scale judicial inquiry into the
effect that lower water levels would have on fish runs. The B.C. Utilities
Commission will hold hearings on the application by Alcan for the project
but the Tribal Council fears that the provincial commission will not con-
sider protection of fish runs. (Vancouver Sun: March 13,1984)
Good evidence of danger to local citizens is expressed by the Mohawk
Indians of St. Regis Reserve in Cornwall,Ontario who have laid a complaint
with the Federal Government over flouride contamination emmitting from the
aluminum plant in Massena, N.Y. Chief Lawrence Francis of the St. Regis
Band said that they can use facts from a Department of Health & Welfare
Page 5
report in a $50 million lawsuit against Reynolds to be heard this summer
in Syracuse, N.Y. The report showed that at least 40 people on the reserve
have abnormally high levels of flouride in their blood as a result of
pollution from the aluminum plant. (Globe & Mail: March 20/84). Remember
the community up-heaval at Blueberry Reserve in the Northeast when poison
gas fell over the community in 1979.
EVIDENCE OF HAZARDS TO THE ENVIRONMENT- It was reported recently ina
newspaper that between 26,000 and 40,000 litres (approx.5700-9000 gallons)
of bunker fuel were estimated to have spilled from the pulp mill tank at
the Watson Island mill of B.C. Timber Ltd. in the Prince Rupert area. A
spokesman said not all of the fuel reached the water. Also, in Regina, it
was reported that a spill of about 90,000 cubic metres of radioactive
water at a Uranium mine in Northern Saskatchewan on January 5 wags the re-
sult of human error. The spokesman of the investigation said the spilled
water contained unacceptable levels of contamination and was the result of
poor operating procedures.
LIFE-LINE OF THE PEOPLE:
It is important to be aware of the mentality of all the corporations
picking up contracts from the Federal Government to sell our natural
resources to the Southern populace. In the first place, Members of Parlia-
ment: have to create visions of wealth in this country; project that we
have the industries in this country to develop that wealth; and that we
have enough to be able to sell outside of Canada. That is supposed to be
revenue for Canada and, in the end, Canadians should be able to enjoy the
cheaper electricity costs etc. Jobs cannot be guaranteed because large-
scale projects are subject to world-wide demands and if prices go too high
the demands drop and rather than provide jobs, companies actually have to
cut back on operations.The people whose lifeline is cut are those families
who choose to live in "the frontiers". The companies which pick out the
territory for explorations do irreparable harm to the land,natural
resources, and change whole river systems. These developments uproot
families and,in some cases, whole communities such as the people of Ingen-
ika Point. Because Nature has suddenly become subject to change, it is
overwhelmingly dangerous to the local people and becomes too powerful to
overcome the use of the river systems or to live off the land. The human
suffering caused by the development schemes is intolerable as the company
staff have no attachment to the land,and have no feelings or respect for
what they are doing.It is their dream to succeed at building projects in
difficult situations and to scientifically succeed at various methods to
push through pipelines in almost impossible situations. Of course the main
goal is profit from these developments in addition to the pride they take
in meeting these challenges to nature. Those of us,who are witnessing the
destruction of virgin land and resources..our children will have little to
be thankful for both in health and in the contaminated food left to them.
KAMLOOPS INDIAN BAND TAXATION-REGARDING THE KAMLOOPS INDIAN BANDS;
The B.C. Court of Appeal accepted the Band’s argument that even though
the land is surrendered for lease, the Band continues to have both the use
and benefit of the lands,leasing being simply another way to use the land.
"..-a conditional surrender for the purposes of lease is
but a statutory mechanism by which the Band obtains both
the use and benefit of the lands. In short,occupation of
lands is but one use, and leasing is another use. In
either case, the lands are put to use for the Band. Sur-
rendered lands would appear, therefore, to be held for
the use and benefit of a Band just as much as a Reserve
is so held."
Although this is a clear victory for the Band, the Court went on to
say because of the way that Section 87(a) and (b) is worded, Parliament
Page 6
did not intend an exemption for the Band except on lands which "they
occupy as Indians." It is a bit uncertain as to what the Judges meant by
this phrase. It appears that they felt the exemption would only apply on
lands used as residence. The Band believes that this decision is clearly
wrong, and will take the case to the highest Court of the country to seek
a proper interpretation of Section 87 (b). We believe that because the
Court found that surrendered lands were still held for the use and benefit
of the Band, that they should have gone to find that these lands can come
within the definition of Reserve, and therefore the exemption can apply on
these lands.
A very important constitutional argument will also be raised, as to
the full extent of Parliaments jurisdiction under Section 91(24) of the
BNA Act to create such an exemption. The Band’s position is that Parlia-
ment does have the jurisdiction to exempt us from paying taxes on these
leased lands. ,
Leave to Appeal to the Supreme Court of Canada will be argued in front
of the Supreme Court in the very near future. If we are successful, the
Court will set a date for the full hearing. We will keep you informed of
the progress on the case.
Because of the first finding of the Court, we believe our taxation by-
iaws have received support from the B.C. Court of Appeal, and are valid
mider Section 83 of the Indian Act.
UNION OF B.C. INDIAN CHIEFS PRESS RELEASE:
After a year of Court losses, Federal Fisheries has dropped charges
against the remaining 56 Indian people scheduled to go to Court today in
Chilliwack.
The charges were originally publicized January 12 of last year to the
early morning television and press pictures of fifty armed Fishery
Officers swooping down commando-style on people still in bed, trying to
read their summonses against the glare of T.V. lighting.
Fisheries issued a press release the same day that implied a poaching
ring stretching through to the Prairies and the United States. They
talked of 61.5 tons of salmon involved in this operation and concluded "it
is now clear why we continually fall short of spawning escapement goals"to
rehabilitate the fishery over which they assumed control. One hundred and
thirty people were arrested, of which 129 were Indian. 340 charges were
laid and 54 vehicles were seized.
This was only the start of the expose of a really shoddy affair. To
date,only one of the 340 charges have survived the first hearing in Court.
in fact, the Courts have systematically discredited the Fisheries Depart-
ment in both the assertions in its press release and its operation. The
Courts have concluded that:
(1) The dramatic seizing of the vehicles was unlawful;
(2) Fisheries press release claimed "the operation deals
with poaching and illegal sale of salmon" yet not one
of the 340 charges laid concerned poaching;
(3) With no evidence that the fish in question were illegally
caught, the Court ruled that Fisheries had no jurisdiction
over what happens to fish that is legally caught,whether it
be eaten or sold...The Court ruled that the Section of the
Fisheries Act prohibiting sale or barter is unconstitutional.
It exceeds the jurisdiction of the Fisheries Department whose
mandate is only to conserve the fishery, not to oversee what
happens to legally caught fish.
We question whether Fisheries motives in this operation have anything
to do with conservation. Their press release implied a multimillion dollar
racket-but the one case which Fisheries is appealing deals with a seventy
year old man, not on welfare and having no income at the time, but with
children and grandchildren to feed. This man had never before been
Page 7
Charged with any offence. When asked to sell fish by undercover officers
who came to his door, he replied after much hesitating, that he could only
sell them eight fish because he needed the remaining five for food for his
family. Few of the cases involved more than a few fish. None of the mid-
dle men in this allegedly vast racket were caught - or sought, it seems.
The timing of the predawn raids,a few weeks before the First Ministers
Conference to define Aboriginal Rights and Title, and the very quiet drop-
ping of remaining charges a few weeks after the second Constitutional Con-
ference confirms our opinion that the whole operation was a political
stunt that backfired. Instead of showing up any abuse of our Aboriginal
Rights to fish, the Fisheries Department itself has been discredited, as
having involved itself in political manipulation and harassment beyond its
Jurisdiction.
The Indian Nations along the Fraser have been working towards regulat-
ing the Indian fishery and calling for meaningful discussions between the
Indian Nations and the Federal Government concerning the co-management of
the Fishery. It’s time for Fisheries to come to the table.
WCIP WORLD ASSEMBLY POSTPONED:
The World Council of Indigenous People have postponed the General
Assembly this year from June to September and it will be held in Panama or
Mexico. Conference details will be announced in later UPDATES.
-
UNION OF B.C. INDIAN CHIEFS
440 West Hastings
Vancouver, B.C. V6B 1L1
U.B.C.1.C. UP-DATE
APRIL 5, 1984
TRIBAL COUNCILS, BANDS
UNION OF B.C. INDIAN CHIEFS
TSOLE po. ;
MESSAGE FROM THE PRESIDENT-CHIEF SAUL TERRY
The Canadian Constitutional discussions held on March 8 and 9, 1984 in
Ottawa consisted of the three parties: the Federal Government,the
Provincial Government and the First Nations(Aboriginal Peoples) as they
went through the motions of resolving the long-standing unfinished
business of Indian/Canada relations.
From information we received, the matters to be discussed were to be
Indian Title, Aboriginal Rights, Treaties, Treaty Rights, Self-Government
and Equality Rights.
We witnessed the Federal Government propose entrenchment of Indian
Government Institutions to deal with Indian language,culture and programs.
What did this proposal mean? In essence, it meant that the Indian
expectation to Self-determination in our homeland is being viewed by non-
Indian government institutions far below our expectations. For example, the
proposal did not outline any specific jurisdictional areas separate from
Federal or Provincial Governments. Indeed, if there were to be any
jurisdictional authority granted, and it is certain, they would be done
from, under Federal or Provincial authority. In short, it meant that any
form of inherent sovereignty expected by Indian Nations was denied thereby
dashing participation by Indian Nations as a distint order of Government
in Canada.
Through the Amending Formulae of the Constitution Act,1982, the
provinces are assured of a say in the determination and definition of
Aboriginal and Treaty Rights. It should therefore have come as no
surprise that there was an impasse with respect to the Federal Proposal,
despite the Prime Minister’s appeal to the Provinces pointing out that the
effort was only symbolic and involved no loss of power by the Federal and
Provincial Governments.
Indian reaction to the Provincial position of non-compliance to the
Federal entrenchment proposal was anger and frustration. However, there
appeared to be a resolve for continued discussion on a bilateral basis.
At the First Ministers” Conference, as in the First, the equality
“rights clause took up much time. Notwithstanding that the equality rights
for wamen under Section 12(1)(b) of the Indian Act is a very critical
question, there was concern or a fear that the language which "guaranteed"
Aboriginal women and men’s right as being equal may be deemed stronger
than having the overall Aboriginal and Treaty Rights "recognized and con-
firmed". Further, under the equality rights question, confusion or incon-
sistency was added by the Metis asserting that they should come under
Section 91(24) of the British North America Act. This in a time when the
Assembly of First Nations is expressing the desire to come out from under
its subsequent legislation, the Indian Act, and move into Self-Government.
Discussion in this area concluded with the understanding that the equality
rights clause would be reviewed, redrafted and put forward again next
time.
Page 2
There is a committment by the Federal Government to table legislation
and have Indian Self-Government develop through discussion but such a
process would certainly be a compromise from any move toward Self-govern-
ment. This comment of compromise is made in light of the fact that
Senator Jack Austin has been appointed to do an inventory of the expend-
iture on and needs of the Indian people. Would this (transfer of programs )
comprise the Federal Government ’s concept of Indian Self-Government?
The result of the latest First Ministers” Conference leaves no doubt
that there is a definite need for Indian Nations to apply political
pressure in 1984. If there is to be any movement on the question of
"Title" in our favour, we definitely have to have our communities
appreciate and understand the implications of influencing the
Constitutional debate both at home and abroad.
PROTECTION OF THE ENVIRONMENT '
Indian people in British Columbia are worried about the continued
abuse of the natural resources. We say that all our lands, forests,crops,
fish, wildlife, and waterways will be polluted and depleted if the indust-
rial and mining companies; smelter operations; and hydro-electric
corporations continue to go into virgin lands to carve out building sites
for their operations. Here is what is happening. Companies like the
Calgary-based Panarctic Cils Ltd. spend years exploring for oil and gas
"in the frontiers" and at the end of it expect to make a return on its in-
vestment. This type of encouragement comes from the Federal Government
who puts up as much as $130 million towards planning and research for
commercial oil and gas production in the frontier regions. Companies such
as Panarctic give the public and the Indian people, professional promises
that there will be no net loss because of these projects but the reality
is that there are many unknown factors involved. The unknown here is that
once the oil and gas is produced, then the method by which they will be
transported out of the frontier poses a threat to our environment. How
will the oil and gas be moved? Usually, it is the Southern populace which
requires these resources so how will the companies supply to the South. In
this case,one scheme is through a buried pipeline from the MacKenzie Delta
going through the MacKenzie River Valley. Or, under another scheme, ice-
strengthened tankers would move the crude from the Beaufort Sea through
the Northwest Passage. The Federal Government says that they prefer to see
a small-scale project developed before giving final approval to full-scale
development in order to evaluate the impact of the proposal. The Panarctic
Officials say that their pilot project fits right in with the Federal
Government ‘s objectives. What are those objectives?
(Excerpts: Globe & Mail Report)
Coming west from the Panarctic Operations in the North, the Ports of
Prince Rupert and Halifax will gain independent status by June 1,1984
under recently changed Federal legislation.This means that these two ports
will set their own tariffs, write by-laws, and authorize expenditures of
as mich as $10 million and sign agreements for as long as 10 years. The
Port of Prince Rupert is expanding rapidly with a new $280 million coal
terminal that began operating in January,1984, and, a $275 million grain
terminal under construction and expected to load its first ship early next
year. The coal terminal, built expressly to handle metallurgical and
thermal coal from the new $2.3 million mine development in Northeastern
B.C., is owned by Ridley Terminals Inc.,a joint venture of the National
Harbours Board and a Montreal-based Federal Commerce and Navigation Ltd.
(Excerpts: Globe & Mail, March 20,1984)
As you leave Prince Rupert and travel along the Skeena River, through
Terrace, along Highway 16 south to Kitimaat, you will find the results of
the first Kemano Hydro-Electric Project which was built by the Aluminum
Company of Canada. They now wish to double their production and have
proposed two additional smelters with one to be located in Vanderhoof,
which sits on the Nechako River. The lastest project proposes to construct
additional power generation capacity, a second diversion tunnel from the
Nechako Reservoir, a dam and tunnel to divert water into the Reservoir
Page 3
from the Skeena River system and other facilities. In 1953, an analysis
was done of this River system and, as stated in this analysis,"since the
closure of the Kenny dam, the mean flow in this reach will be reduced by
82% during the period of migration. This reduction in flow will cause
certain critical areas to become so shallow that sockeye may be delayed or
fail to pass." This reduction in mean flow will cause the water tempera-
ture to rise and may act as a physical block to sockeye heading for the
Spawning grounds upstream causing distress and death in the process. The
Lillooet Tribe takes the position that if the Fisheries is threatened
because of development, it would be the mandate of the Indian people to
protect the Fisheries at the expense of Development.
British Columbia will be victim to the greatest resource development
with these large projects coming from the North, along the Port, and the
Alaska Pipeline which will eventually transport natural gas from ‘the North
Slope of Alaska,across Canada,to the lower 48 States of the United States.
It will also provide access through the Dempster Lateral to Canada’s own
reserves in the MacKenzie Delta-Beaufort Sea area of the Northwest Terri-
tories. The Alaska Pipeline will go as far south as Los Angelos,diverting
from Edmonton,and, on the East Coast will go as far as southeast of
Chicago. The pipeline will run through Saskatchewan, Alberta, British
Columbia,and Yukon to the Arctic Ocean.
These are some examples of the Environmental development of a Consort-
ium nature,not to mention the smaller-scale operations such as the
drilling of a well in the Desan area near the Helmet Gas Field, 120km
northeast of Fort Nelson by Gulf Canada Inc., a unit of Gulf Canada Ltd.,
of Toronto. There have been six of eleven oil wells drilled to date by an
industry consortium in the Eastern portion of the North-Central Alberta’s
Peace River Arch. In some cases, oil is being trucked out but with other
oil drilling projects, companies have announced plans to build a pipeline
fram the discovery in Northern Alberta that will be capable of carrying at
least 10,000 barrels a day.
RESOURCE-SHARING-Canada is being approached by the United States to buy
resources. According to a report in the Vancouver Province, February 19,
1984, B.C. Hydro is being asked to contribute some of its massive surplus
power to California jointly with utilities in the U.S. Pacific Northwest.
B.C. Hydro has held preliminary talks with the U.S. Utilities which have
been negotiating with California buyers and are now handing over the plan
to the Bonneville Power Administration which supervises electricity-mark-
eting in the American Northwest. If B.C. Hydro is able to include in the
package all the surplus power it is currently seeking permission from the
National Energy Board to export over the next five years, it would yield
$1.125 Billion. The unknown factor here, according to the article, is the
U.S. Utilities were looking for B.C. to supply power in the later years of
the contract when most of B.C. ’s surplus will have vanished. In the Globe
& Mail of March 27, 1984, it was reported that there has been 27 interven-
ors which include municipalities, native and environmental groups,the Con-
sumer Association of Canada and companies, who fear the utility is moving
from exporting surplus power to the deliberate generation of power for
export.
Coinciding with this, the Vancouver Sun reported: Canada has so much
fresh water that developers and planners within the country and across the
United States border take it for granted. The article says that the river
flow, coveted for Hydro-electric power and irrigation(Canada is one of the
biggest dammers and diverters of rivers anywhere)spills out at the wrong
time of year in spring runoffs, when it is not needed, in areas that dry
out under the summer sun and 80% of it flows North away from the centres
of population.These are the problems,compounded by recurring U.S.proposals
to import Canadian water, the escalating threat of acid rain and sensitive
relations between the Federal and Provincial Governments over water use,
that have been handed to an Advisory Committee set up to study Federal
water strategies. This Advisory Committee was appointed by the Federal
Page 4
Environmental Minister, Charles Caccia, to hold hearings across the coun-
try and is made up of Chairman Peter Pearse, Francoise Bertrand,Associate
Dean of Resource Management with the University of Quebec and Montreal ,and
James MacLaren, a Toronto-based consulting Engineer. One of the most sen-
sitive areas is the relationship between the Federal and Provincial
governments on water use. The Provinces claim jurisdiction over most areas
of water management and in B.C., the province owns all the water, having
wiped out rights still held by some water users in other provinces under
the old common law. But the Federal Government has control over boundary
waters, navigation, and fish runs that spawn in provincial waters. It also
has a responsibility for water quality controls and pollution standards.
Canada has attempted to keep proper control of its resources over the
United States ‘need to bring natural resources into its country.Recently,as
an example, Canada broke off talks with the United States to preserve
Salmon stocks because the United States still expects Canada to bear the
burden of reducing the catch of salmon so stocks can be rebuilt.
The other issue in which Canada is taking a strong stand is on acid
rain. Canada maintains that there were estimates that acid rain was doing
$5 Billion worth of damage a year in the United States. The United States
charged that Canada is not really serious about solving the problem since
it produces twice as mich acid rain per capita, but, Canada announced that
she was prepared to embark on a program aimed at cutting sulphur pollution
which is the acknowledged cause of acid rain by 50% in the next 10 years
and that she will proceed independently of the United States.
Apart from disagreements on proper control of resources, there are
conflicting claims by Canada and the United States for control of the
resource-rich Georges Bank in the Gulf of Maine which will be argued in
the International Court at the Hague beginning April 2nd. Canada claims
the area while the United States says its all theirs.
WHAT DO THE INDIANS SAY?
Although there are probably numerous other groups fighting this issue,
there are three distinct groups opposing environmental developments. The
Bonaparte Indian Band has a membership of 372 and of this number,143 live
on Reserve #3, and, 73 live in the adjacent communities of Cache Creek and
Ashcroft. The Band wants the B.C. government to call a formal inquiry into
its plan to create a toxic waste dump on land near Ashcroft traditionally
used by the Band. If the government refuses to call for public hearings,
the Band will stage its own inquiry. A study prepared for the Band
attacked the governments decision to let a private company-a consortium
of Genstar Conservation Systems Ltd of Vancouver and I.T. Systems Ltd of
Wilmington,California-operate the dump.A survey of Band members found that
the community membership are virtually 100% opposed to the toxic waste
dump being located near the Bonaparte village or any of the reserves.
The Gitskan-Wet “suwet “en Tribal Council, representing 4,500 people who
live in the Buckley Valley and along the Skeena, declared in their formal
Brief on the damming of Nanika Falls and the diversion of water from their
territory will not proceed. Their Brief pointed out that the Tribes have
an Aboriginal Claim on the land which the Federal Government is committed
to negotiate. They have called for a full-scale judicial inquiry into the
effect that lower water levels would have on fish runs. The B.C. Utilities
Commission will hold hearings on the application by Alcan for the project
but the Tribal Council fears that the provincial commission will not con-
sider protection of fish runs. (Vancouver Sun: March 13,1984)
Good evidence of danger to local citizens is expressed by the Mohawk
Indians of St. Regis Reserve in Cornwall,Ontario who have laid a complaint
with the Federal Government over flouride contamination emmitting from the
aluminum plant in Massena, N.Y. Chief Lawrence Francis of the St. Regis
Band said that they can use facts from a Department of Health & Welfare
Page 5
report in a $50 million lawsuit against Reynolds to be heard this summer
in Syracuse, N.Y. The report showed that at least 40 people on the reserve
have abnormally high levels of flouride in their blood as a result of
pollution from the aluminum plant. (Globe & Mail: March 20/84). Remember
the community up-heaval at Blueberry Reserve in the Northeast when poison
gas fell over the community in 1979.
EVIDENCE OF HAZARDS TO THE ENVIRONMENT- It was reported recently ina
newspaper that between 26,000 and 40,000 litres (approx.5700-9000 gallons)
of bunker fuel were estimated to have spilled from the pulp mill tank at
the Watson Island mill of B.C. Timber Ltd. in the Prince Rupert area. A
spokesman said not all of the fuel reached the water. Also, in Regina, it
was reported that a spill of about 90,000 cubic metres of radioactive
water at a Uranium mine in Northern Saskatchewan on January 5 wags the re-
sult of human error. The spokesman of the investigation said the spilled
water contained unacceptable levels of contamination and was the result of
poor operating procedures.
LIFE-LINE OF THE PEOPLE:
It is important to be aware of the mentality of all the corporations
picking up contracts from the Federal Government to sell our natural
resources to the Southern populace. In the first place, Members of Parlia-
ment: have to create visions of wealth in this country; project that we
have the industries in this country to develop that wealth; and that we
have enough to be able to sell outside of Canada. That is supposed to be
revenue for Canada and, in the end, Canadians should be able to enjoy the
cheaper electricity costs etc. Jobs cannot be guaranteed because large-
scale projects are subject to world-wide demands and if prices go too high
the demands drop and rather than provide jobs, companies actually have to
cut back on operations.The people whose lifeline is cut are those families
who choose to live in "the frontiers". The companies which pick out the
territory for explorations do irreparable harm to the land,natural
resources, and change whole river systems. These developments uproot
families and,in some cases, whole communities such as the people of Ingen-
ika Point. Because Nature has suddenly become subject to change, it is
overwhelmingly dangerous to the local people and becomes too powerful to
overcome the use of the river systems or to live off the land. The human
suffering caused by the development schemes is intolerable as the company
staff have no attachment to the land,and have no feelings or respect for
what they are doing.It is their dream to succeed at building projects in
difficult situations and to scientifically succeed at various methods to
push through pipelines in almost impossible situations. Of course the main
goal is profit from these developments in addition to the pride they take
in meeting these challenges to nature. Those of us,who are witnessing the
destruction of virgin land and resources..our children will have little to
be thankful for both in health and in the contaminated food left to them.
KAMLOOPS INDIAN BAND TAXATION-REGARDING THE KAMLOOPS INDIAN BANDS;
The B.C. Court of Appeal accepted the Band’s argument that even though
the land is surrendered for lease, the Band continues to have both the use
and benefit of the lands,leasing being simply another way to use the land.
"..-a conditional surrender for the purposes of lease is
but a statutory mechanism by which the Band obtains both
the use and benefit of the lands. In short,occupation of
lands is but one use, and leasing is another use. In
either case, the lands are put to use for the Band. Sur-
rendered lands would appear, therefore, to be held for
the use and benefit of a Band just as much as a Reserve
is so held."
Although this is a clear victory for the Band, the Court went on to
say because of the way that Section 87(a) and (b) is worded, Parliament
Page 6
did not intend an exemption for the Band except on lands which "they
occupy as Indians." It is a bit uncertain as to what the Judges meant by
this phrase. It appears that they felt the exemption would only apply on
lands used as residence. The Band believes that this decision is clearly
wrong, and will take the case to the highest Court of the country to seek
a proper interpretation of Section 87 (b). We believe that because the
Court found that surrendered lands were still held for the use and benefit
of the Band, that they should have gone to find that these lands can come
within the definition of Reserve, and therefore the exemption can apply on
these lands.
A very important constitutional argument will also be raised, as to
the full extent of Parliaments jurisdiction under Section 91(24) of the
BNA Act to create such an exemption. The Band’s position is that Parlia-
ment does have the jurisdiction to exempt us from paying taxes on these
leased lands. ,
Leave to Appeal to the Supreme Court of Canada will be argued in front
of the Supreme Court in the very near future. If we are successful, the
Court will set a date for the full hearing. We will keep you informed of
the progress on the case.
Because of the first finding of the Court, we believe our taxation by-
iaws have received support from the B.C. Court of Appeal, and are valid
mider Section 83 of the Indian Act.
UNION OF B.C. INDIAN CHIEFS PRESS RELEASE:
After a year of Court losses, Federal Fisheries has dropped charges
against the remaining 56 Indian people scheduled to go to Court today in
Chilliwack.
The charges were originally publicized January 12 of last year to the
early morning television and press pictures of fifty armed Fishery
Officers swooping down commando-style on people still in bed, trying to
read their summonses against the glare of T.V. lighting.
Fisheries issued a press release the same day that implied a poaching
ring stretching through to the Prairies and the United States. They
talked of 61.5 tons of salmon involved in this operation and concluded "it
is now clear why we continually fall short of spawning escapement goals"to
rehabilitate the fishery over which they assumed control. One hundred and
thirty people were arrested, of which 129 were Indian. 340 charges were
laid and 54 vehicles were seized.
This was only the start of the expose of a really shoddy affair. To
date,only one of the 340 charges have survived the first hearing in Court.
in fact, the Courts have systematically discredited the Fisheries Depart-
ment in both the assertions in its press release and its operation. The
Courts have concluded that:
(1) The dramatic seizing of the vehicles was unlawful;
(2) Fisheries press release claimed "the operation deals
with poaching and illegal sale of salmon" yet not one
of the 340 charges laid concerned poaching;
(3) With no evidence that the fish in question were illegally
caught, the Court ruled that Fisheries had no jurisdiction
over what happens to fish that is legally caught,whether it
be eaten or sold...The Court ruled that the Section of the
Fisheries Act prohibiting sale or barter is unconstitutional.
It exceeds the jurisdiction of the Fisheries Department whose
mandate is only to conserve the fishery, not to oversee what
happens to legally caught fish.
We question whether Fisheries motives in this operation have anything
to do with conservation. Their press release implied a multimillion dollar
racket-but the one case which Fisheries is appealing deals with a seventy
year old man, not on welfare and having no income at the time, but with
children and grandchildren to feed. This man had never before been
Page 7
Charged with any offence. When asked to sell fish by undercover officers
who came to his door, he replied after much hesitating, that he could only
sell them eight fish because he needed the remaining five for food for his
family. Few of the cases involved more than a few fish. None of the mid-
dle men in this allegedly vast racket were caught - or sought, it seems.
The timing of the predawn raids,a few weeks before the First Ministers
Conference to define Aboriginal Rights and Title, and the very quiet drop-
ping of remaining charges a few weeks after the second Constitutional Con-
ference confirms our opinion that the whole operation was a political
stunt that backfired. Instead of showing up any abuse of our Aboriginal
Rights to fish, the Fisheries Department itself has been discredited, as
having involved itself in political manipulation and harassment beyond its
Jurisdiction.
The Indian Nations along the Fraser have been working towards regulat-
ing the Indian fishery and calling for meaningful discussions between the
Indian Nations and the Federal Government concerning the co-management of
the Fishery. It’s time for Fisheries to come to the table.
WCIP WORLD ASSEMBLY POSTPONED:
The World Council of Indigenous People have postponed the General
Assembly this year from June to September and it will be held in Panama or
Mexico. Conference details will be announced in later UPDATES.
Part of U.B.C.I.C. Up-Date - [Issue no. 2] (April 5, 1984)