U.B.C.I.C. Up-Date - Issue no. 3 (May, 1984) · UBCIC Periodicals

U.B.C.I.C. Up-Date - Issue no. 3 (May, 1984)

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U.B.C.I.C. Up-Date - Issue no. 3 (May, 1984)

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

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

MAY, 1984
TRIBAL COUNCILS & BANDS

UNION OF B.C. INDIAN CHIEFS

Issue No. 3

MESSAGE FROM THE PRESIDENT:CHIEF SAUL TERRY 4

At different points in time, it is important to remind ourselves of
what we are about. In 1980,the Union of B.C. Indian Chiefs adopted the
Aboriginal Rights Position Paper. The following quote incorporates the
spirit of that position:

"Aboriginal Rights means that we, as Indian people, have
the right..to govern an expanded version of Indian reserve
lands that has an adequate amount of associated resources
and is large enough to provide for all the essential needs
of all our people who have been defined as our citizens or
members of our Indian governments."

As the above quote indicates, stewardship of resources is crucial to
our survival. However, through the blatant abuse of trust and the illegal
appropriation of our lands, resources and thereby our economies, we find
ourselves at the margin of control or head-to-head with Provincial and
Federal jurisdiction as to what happens to the resources and to us.

This is our land! We lived here long before the first colonial
administration. Our title has never been surrendered in war,by treaty nor
extinguished through negotiation.Our title is still intact. It is control
over resources that has been usurped. As a consequence, in this province
we must fight for the recognition of our being as Indian people.

As stated in the past,it is not our intention to dispossess individual
owners Of property, but, neither should Indian people turn a blind eye to
past injustices. We accept that the non-Indian is here to stay, but, they
must understand also that we are here to stay. We can help one another to
live in dignity:This means recognition of our title and rights and working
in mutual co-operation for controls, we seek, to be justly and responsibly
established.

There is nothing to fear in Indian control. There may be everything to
gain with traditional control of land and resources,since it was precisely
at the time of colonial government rule that we began to witness escalated
endangerment to our lands,resources and ourselves.From those Confederation
days to the present, we have continued to witness depletion and mounting
dangers to our resources by lack of respect of mega-project construction.

As a result of these activities, Indian people have been legislated
against,arrested, threatened with arrest,or,targetted by general harassment
to discredit,for practising our harvest of resources. Through all this, we
have survived and will continue to survive, on terms of self-determination
by our Indian governments. Self-determination will eradicate us as targets
labelled "Bad British Columbians" or "Recipients" of ill-conceived program
policies and administration. Indian control and authority will be based on
internationally understood peace, order,and good government for the mutual
benefit of our future generations” continued survival and for recognition
of Indian title and Aboriginal rights.

FISHING CASES: We were successful in defending Josephine and Pete

Gregoire, two elders from the Okanagan Indian Band on a charge of illegal

fishing. Less than 10 trout were involved. Both elders charged were over
70 years of age, and, neither one had a criminal record.Because the Crown
had not properly drawn the charge, the matter was thrown out of court.

-.-2 Update

ALKALT LAKE INDIAN BAND: The B.C. Court of Appeal ordered B.C. Utilities
Commission to pay costs for the Alkali Lake Indian Band to intervene at a
public hearing on applications to build and operate natural gas pipelines
to Vancouver Island. Never before in Canadian history has a Board been
forced to pay Indian costs to intervene, which makes this case a real
victory for us. It is a victory in another way,since the court held - the
Provincial Governments” restraint measures infringe upon rights protected
under the Utilities Commission Act. The only other time a court held that
Provincial Government restraint measures were illegal was the court
compelling the Legal Aid Society to continue paying Legal Aid costs. Now,
the Provincial Government is taking steps to pass legislation aimed at
amending the Utilities Commission Act to prevent other Bands from taking
advantage of this Court win. Political pressure may be applied against
the province to compel them to respect the Court of Appeal.

The Toosey Indian Band can now join in the fight to keep the pibeline
from interfering with their trapping, hunting and fishing territory.

CHIEFS COUNCIL: APRIL 18 & 19 IN VANCOUVER-UBCIC

Bilateral Cammission:

Chief Robert Manuel ,Co-ordinator of the Bilateral Commission, reported
to the UBCIC Chiefs Council. Copies have been mailed to all Bands in
Canada.The Bilateral Commission,set up by the Assembly of First Nations as
an institution,is to provide an avenue for Indian Nations to talk directly
to the Federal Government on Non-Constitutional issues.Items agreed to for
discussion in the Bilateral Process are:Treaties & Treaty Rights;Taxation;
and Fiscal Arrangements.It is also to include Fishing and Land Claims. The
Commission has focussed on disseminating information and pressuring the
Prime Ministers Office to appoint a Minister who would deal directly with
the First Nations formalizing, through agreement,the First Nations/Federal
Government Bilateral Process. There is no agreement to date.Meanwhile,John
Munro has appointed Clovis Demers,Co-ordinator of the AFN/Federal Steering
Committee on the Bilateral Process;including Ian Binnie from Department of
Justice; Joe Leask and Liz Fraiken,all representing the Federal Government
at the Officials level. The Assembly of First Nations appointed Dave
Monture as A.F.N.’s senior official on the Steering Committee. The second
meeting of the Steering Committee agreed an independent secretariat is
required to service the Bilateral Process.A discussion paper and proposed
budget was given to Chiefs Council for their information.

Confederacy of Chiefs:

Chief Tom Sampson,Chairman of the B.C. Confederacy of Chiefs, reported
to Chiefs Council that kits to be used at the next Constitutional Working
Group meeting should have been distributed by now. He reported: the First
Nations were looking for entrenchment of rights, not legislation, and more
substantive changes in further legislation.That is what we have to prepare
ourselves for because it will be a long fight.It’s clear the First Nations
will not settle for anything less than Self-Government.The next meeting of
the Constitutional Working Group will decide if this Committee should
continue. In future, people, who agree to participate in the work on the
Constitution, have to be really committed and prepared to work because the
government is not going to give us anything-especially the B.C.Government.
The Assembly of First Nations will be sending representatives to Fort
Simpson, N.W.T. for September 18th during Pope John’s visit to Canada. The
Confederacy of Chiefs will have to deal with the following issues:

1. Equality; 2. The Bilateral Process;
3. Legislation: 12 (1)(b); Framework Legislation; & Socio-Economic Survey
4. Assessment: First Ministers” Conference & Constitutional Working Group

Public Opinion Poll of Indian Self-Government: A Gallup Poll,taken 3 weeks
before the March Constitutional Conference on Aboriginal Rights, found 573
of Canadians favor native self-government. Regionally,support is 43% in
Atlantic Canada,59% in Quebec,62% in Ontario, 57% on the Prairies,58% in
British Columbia. Commissioned by the Assembly of First Nations, Gallup
interviewed 1,050 Canadians. The poll also found: 83% thought Indians
should control money from mineral, cil and gas sales; 71% agreed natives
should control social and child welfare services for their people.

weed Update

Canada Health Act

About a year ago, the Minister of Health and Welfare, began pursuing
changes to Canada’s Medicare System.A great deal of controversy surrounded
this issue, especially with physicians "opting-out" of Provincial Medicare
Plans and with Naxtra-billing" of patients. Extra-billing meant, charging
patients more for services than what the Provincial Plan covered.There was
also concern over intent by some Provincial Governments to charge patients
"user fees". Under their plan, "user fees" meant Provinces could allow
charging to patients directly, a fee for such services as, emergency roam
services, ambulance service, atc. Some Provinces also charge residents
"premiums" while others dont. B.C. charges both premiums and user-fees.

The Canada Health Act was passed by Cabinet with two amendments. We
shall be reviewing the amendments and the Act itself to determine possible
immediate and long-term affects the Act may have on Health Care delivery
of on-reserve Indian people in the province. 5

To ensure fees are not charged to Indian people, Chiefs Council
recommend that no cash payments be made to Doctors or hospitals. Instead,
have any charges made by Health Professionals billed directly to Medical
Services to ensure that Indian patients do not make any payments. If there
are any problems, please call our office, Tel. 684-0231.

PROTECTION OF THE ENVIRONMENT: (Excerpts from the Globe & Mail)

Last month, we discussed the issue of environmental developments and
explorations ~ large and small - in British Columbia and other parts of
Canada. There are hundreds and hundreds of such projects going on in every
province from the Fast to the West Coast. Now, there is a definite move by
an oil company, with the help of the Alberta Government, to uproot 300
Alberta Indians. How do we prevent governments and industries from
continuing this large-scale development at the pace they are going? How
shall we protect our natural resources and our people who, they claim, stand
in the way? It is because Indian people have taken strong actions over the
years that we are able to keep governments and industries at bay. And, it
is Indian people more than any other group in this country who kept up
persistent opposition to the abuse of our resources, yet Canada
consistently expects our people to tow the line or get out of its way.This
rather than respect control,. management and conservation. Where should we
throw our support to oppose influential developments? Who can we count on
to combine their expertise, energy and concern with ours to fight these big
machines? Reports continually imply that political actions and conferences
Indian people hold to protect aboriginal rights is "at the expense of the
taxpayers". It is far more important for Canada to be concerned about our
natural resources which are being given away rather than judging the small
amount of dollars Indian people use for community development. After all,
Indian lands will probably be the last frontier man will find the natural
resources intact.

Where are some of the taxpayers dollars going? For example, in St. John “s
NEld., Jean Chretien, Minister of Energy and Resources, said there are 51
agreements in place for exploration in that area ~ representing a total
investment of $2.6 Billion. A large part of the investment is underwritten
by the Canadian taxpayer through the Petroleum Incentive Program.

In response to a cry for help from External Affairs, both the Departments
of Energy, Mines and Resources, and, Fisheries and Oceans have channelled
$8 Million to back Canada’s geological arguments in areas where political
or existing boundary disputes over territory within the 200 mile coastal
economic zone stand unresolved off the East Coast, the Western Arctic and
Vancouver Island on the West Coast. The United Nations Convention on the
Law of the Sea will give coastal Nations up to 10 years to lay claim to
huge areas of continental shelf. The stakes are high,as demonstrated by a
case, now before the International Court in the Hague, involving East Coast
fishing grounds inside the Canada/U.S. econamic zone.

---4 Update

Forty Canadian engineers are in Fort Worth,Texas taking part in the design
and development of a new light-twin helicopter to be built in Canada. The
Federal Govt. is contributing $165 Million and Quebec $110 Million. Bell
Helicopter Textron Inc., will cover $100 Million in non-recurring costs.

WHO ARE THE WATCHDOGS ON ENVIRONMENTAL DEVELOPMENTS? The forces which take
responsibility to oppose environmental development in Canada may be found
in governments,local citizens groups, and organizations at the provincial,
national,and international levels. In the government sector: Departments,
responsible for setting policies on use of natural resources in Canada,
develop policies locally,provincially,nationally,and internationally.Since
development of resources means financial gain,government officials are the
key players on how much development corporate officers may manage arid how
much may leave this country. It’s big business and Cabinet Ministers are
sandwiched amid mind-boggling, world-wide development projects making up
millions of dollars, like the number of stars in the sky. What calibre of
men represent our interest in Cabinet? For the few who truly represent our
interest internationally,how much pressure can they take before collapsing
under it all? The philosophy of shared resources and protection have to be
held by Provincial Ministries responsible,and,if given up to big business,
weakens the position of Federal Ministers.Meantime,citizen interest groups
who challenge abuse of our natural resources, are such a minority it
behooves us to throw any support we have or action we wish to take in any
strategic way. Following are examples of how certain sectors of society
are trying to keep control of the situation. One group are implementing
harsh penalties for public safety and to prevent continued health hazards.

For two years, the environmental group,Greenpeace,has presented proposals
to Inco Ltd.of Toronto aimed at reducing acid rain-causing sulphur dioxide
emissions fram smelters in Sudbury, Ontario. This proposal was defeated
70.2 million votes to 57,744 at Inco’s Annual Meeting. Greenpeace proposed
that Inco petition the Federal and Ontario governments for financial help
to put new technology into their smelters. The proposal said: "shareholders
should request the Board of Directors to carry out these pollution-control
measures." The Greenpeace proposal was not with information shareholders
were asked to vote on,because Inco won a court action enabling it to block
the proposal from being put with their information circular.

In los Angelos (USA), a Toxic Waste Strike Force is cracking down on
violators of Hazardous Waste Laws by holding corporate officers criminally
liable. Of the nine hazardous waste cases the city has brought against
company officers since June,1982, four have been adjudicated resulting in
convictions and jail sentences. The strike force was formed to target
corporate executives as violators of City and State Hazardous Waste Laws.
An attorney,for one of the companies charged,said "the strike force is
dealing with people as violent criminals rather than as businessmen who
are negligently-or intentionally-dispesing of hazardous waste.."The Strike
Force Team is composed of one representative each from Los Angelos” Police
Department, Fire Department, Board of Public Works,City Attorney’s office,
Health Department, and, the California Health Department.

In Vancouver,B.C.,the National Energy Board(NEB) ordered British Columbia
Hydro and Power Authority to disclose, as soon as possible, any portion of
its electricity-load forecast that would supply the proposed aluminum
smelters of Montreal-based Aluminum Co.of Canada Ltd.in Northwestern B.C.
The NEB was also asked to make Hydro disclose all its correspondence with
Bonneville Power Authority and U.S. Utilities but ruled such information
should be srought out under cross-examination of Hydro’s witnesses during
the NEB Hearings on Hydro’s application for expanded electricity exports.
Hydro has already announced a 3-year contract to sell 6,000 gigawatt-hours
of power to Los Angelos, but needs the gc-ahead from the Board.

---9 Update

In Kelowna, a Peachland environmental organization,Save Okanagan Lake and
Valley Environment,opposed to Brenda Mines” release of tailings-pond water
into Okanagan Lake,accused the Provincial Government of sanctioning "total
irresponsibility" of the Campany. Buildup of water in the tailings pond of
the copper,molybdenum mine resulted in the Company gaining Govt. approval
to release some of it into Okanagan Lake. Brenda Mines admits one problem
was its own miscalculations, but higher than normal rainfall the past two
years added to water buildup.The environmental group says the main reason
for the rise in tailing-pond water level was the company’s pumping 5,000
acre-feet of water into the coarse sand of the tailings-pond dam.The group
also insist that cyanide levels are 10 times higher than reported by the
Company and Provincial Environmental Ministry.

Donald MacDonald,Chairman, Royal Cammission on the Econemy, says cehadians
must end dependence on natural resource exports or face a drastic fall in
our standard of living.One of the myths, he says,is the idea that Canada’s
natural resources-such as timber and minerals-are inexhaustible. Following
public hearings, Mr. MacDonald reported, Canadians may face considerable
problem in the mining industry,due to rising international competition and
increasing displacement of products,such as,glass fibres being substituted
for copper wires. Forest renewal is a major concern. If forests are not
renewed soon,B.C. will not have marketable wood by the end of the century.

INDIANS IN OPPOSITION:The Cree of Lubicon Lake in Northwestern Alberta are
victims of abuse and neglect of Government and Company officials pursuing
exploration and development. In November,an Alberta court rejected Lubicon
Community “s bid for an order, to stop extensive oil/gas exploration and
development amid 2500 sq.km.(900 sq.mi.) of Northern Alberta.This decision
is being appealed. They asked the World Council of Churches to investigate
complaints in Lubicon Lake: of oil companies deliberately allowing fires
in the Bands traditional area to rage unchecked, burning thousands of
acres of Boreal forest used by Band members for hunting and trapping; of
the Alberta Government attempt to persuade Cree to sign for 2 acre plots
of land at Little Buffalo, where most Band members live.They allege that
provincial officials told illiterate Cree to put their mark on what
officials said were applications for mobile homes or £irewoed.According to
allegations, the Crees were in fact being asked to sign for plots in the
hamlet.The WCC Task Force wrote PM Trudeau exposing the fact that. Cree are
literally struggling for their existence as a people,against a-pokitically
powerful Alberta government and dozens of rich multinational oil companies
each possessing resources more than many Nation States...". John Munro,
Minister of Indian Affairs, said the W.C.C. charges perhaps is a bit of an
exaggeration.He said:"while the Lubicon Lake Indians may not be victims of
genocide, their poverty is very real". He said Indian Affairs is trying to
interest Alberta to jointly buy land for the Cree around Lubicon Lake.Upon
request of the Alberta Government,the Alberta Ombudsman investigated the
allegations of the Crees. He dismissed charges of genocide as bordering on
the ridiculous, claiming no one,including WCC, put forth concrete proof of
the Provincial Government, its offices or employees attempting or having
attempted to destroy,Indian or native people in Alberta.The Lubicon Band
is appealing the rejection by the Alberta Court of Queen’s Bench on its
application for an injunction to halt booming oil and gas exploration in a
2300 sq.km. area around Little Buffalo. The Band also sought a prohibition
on resource development in a 26,000 sq.km. area where they traditionally
hunt and trap. Band members say exploration by 10 major oil companies
destroy hunting,fishing and trapping on which traditional life is based.

TELEX FROM NATIONAL CHIEF ,DAVID AHENAKEW: The Special Legislative Assembly
is scheduled May 16-18,at the EDMONTON CONVENTION CENTRE,ALBERTA. Due to 3
other conventions taking place in Edmonton at that time, hotel space is
limited.The Assembly of First Nations has located 800 rooms on a tentative
basis. Please make your reservations directly to the hotel of your choice
by May 7. Hotels cannot guarantee rooms beyond that date.

Hotels are listed on the top of Page 6.

.-6 Update

List of hotels where roams are blocked is as follows:

Chateau Lacombe: Ph. 403-428-6611 $69.00 single or double
Holiday Inn: Ph. 403-429-2861 $45.00 single or double
Sheraton Hotel: Ph. 403-423-2450 $45.00 single or double
Greenbrier Hotel: Ph. 403-428-6442 $35.00 single or double
Hotel Vega: Ph. 403-423-1650 $26.00 single $30.00 double
Edmonton Inn: Ph. 403-454-9521 $55.00 single or double
Renfrew Inn: Ph. 403-433-9411 $45.00 single or double
Chateau Hotel: Ph. 403-452-7770 $39.00 single or double
Venture Inn: Ph. 1-800-661-7246 $40.00 single or double

Ambassador Hotel: Ph. 403-423-1925 $32.00 single $36.00 double

TO ALL TRIBAL COUNCILS & INDIAN ORGANIZATIONS: May 4,1984 5
On behalf of the Kootenay Indian Area Council,I am requesting your support
in a matter of grave concern regarding exercise of our Aboriginal Rights.

A Kootenay Indian from Elmo,Montana, was hired by the Tobacco Plains Band
last fall as Band Manager. Before long, Immigration was after her because
neither she nor the Band applied for a work visa, as is regulated in the
Immigration Act. The Kootenay Indian Area Council and the Tobacco Plains
Band are of the firm conviction that the Immigration Act does not apply to
Indian people.We have never been Immigrants to our own lands! Free passage
across the International boundary is one of our Aboriginal Rights.

However ,Mr.John Roberts,Minister of Employment & Inmigration is determined
that the Immigration Act shall apply. He has stated that this. case has no
connection with the Constitutional process regarding Aboriginal Title and
Rights. The Kootenay Indian Area Council has been informed that a Hearing
is set for May 18,1984, in Cranbrook,B.C. If this Hearing goes ahead and
the decision is against us,this Indian woman will be deported from Canada,
never allowed to return, without the expressed approval of the Minister.We
cannot allow this to happen! We cannot continue to allow the 49th parallel
to divide our people! In this regard we are asking your support.

We request that you telegram the Minister of Employment and Immigration to
drop the ridiculous charge of being in Canada illegally,cancel the Hearing
and continue to apply the Immigration Act to Immigrants not Indian people.

Any support you can give us in resolving this matter is needed and greatly
appreciated. Thank you.

Sophie Pierre, Area Co-ordinator,
Kootenay Indian Area Council te

Note: Telegrams & letters can be sent to:
Honorable John Roberts, Minister
Employment & Immigration Canada
House of Commons,
Ottawa, Ontario. KIA 0A3
Copies can be sent to the Kootenay Indian Area Ccuncil at:

Site 15, Mission Rd. S.S. #1
Cranbrook, B.C. VIC 4H4

The UBCIC Update is a service of the Union of B.C. Indian Chiefs for its
member Bands. If you wish any irformation to be included, please send it
to Millie Poplar c/o Union of B.C. Indian Chiefs.

440 West Hastings St.

Vancouver, B.C. V6B 1L1

It may be necessary to edit the informaticn yeu send since we are trying
to keep the Update as brief as possible. However, we will make sure that
the intent or your message and all vital informaticn is kept intact.

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