Periodical
U.B.C.I.C. Up-Date - Issue no. 4 (June 1984)
- Title
- U.B.C.I.C. Up-Date - Issue no. 4 (June 1984)
- Is Part Of
- 1.06-01.07 UBCIC Up-Date
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- June 1984
- issue
- 4
- Language
- english
- Identifier
- 1.06-01.07-01.04
- pages
- 5
- Contributor
- Chief Saul Terry
- Neil J Sterritt
- Type
- periodical
- Transcription (Hover to view)
-
ae aNet Me awerve Seis Ltitiw wo
440 West Hastings
Vancouver, B.C. V6B 1L1
U.B,C,1,C, UP-DATE
JUNE 1984
BANDS, TRIBAL COUNCILS,
UNION OF B.C. INDIAN CHIEFS
ISSUE NO. 4
MESSAGE FROM THE PRESIDENT-CHIEF SAUL TERRY
In 1969,the Federal Gov't. introduced,in the House of Commons,the White Paper
Policy for the total assimilation of Indian people in Canada. The p se was
to transfer responsibility for Indian people under jurisdiction of Provincial
and Territorial Governments. It outlined Government intentions to repeal the
Indian Act and amend the Constitution (BNA Act) to eliminate all reference to
Indians. When strong Indian resistance developed nationwide to his proposal,
Trudeau promised Indian Leaders that he would shelve the "White Paper". On
April 30/71,the Minister of Indian Affairs,Jean Chretien outlined in a letter
to Trudeau, a strategy to implement this Policy confirming on page 3 (para.4)
that: "White Paper Policy objectives remain valid". Chretien also proposed an
evolutionary process of implementation be adopted promoting Provincial/Indian
Inter-involvement at every level of Gov't. recognizing that: "PROGRESS WILL
TAKE PLACE IN DIFFERENT AREAS IN DIFFERENT WAYS AT A DIFFERENT PACE". We can
conclude that this Policy is highly active, and, has been implemented for the
past 13 years throughout Canada using different methods with different areas.
Under Indian Affairs,it is being implemented through the proposed Indian Gov-
ernment legislation and practised through the extinguishment policies of the
Land Claims Process.
One of the major instruments for implementing White Paper Objectives is the
Office of Native Claims for extinguishment of Indian Title. This Land Claims
Policy was reviewed in a 1979 submission to Cabinet and outlines:
a) Indian Title is to be extinguished for money and certain limited conces-
sions, many of which would be of a temporary nature.
b) Any confirmation of Indian Title is explicitly rejected as a basis for
agreement.
c) Any powers or authority transferred to Indians are to be consistent with
non-Indian political institutions i.e. municipal-type administrations which
can be tied later into Provincial/Territorial laws and institutions.
d) The concept of Indian Government as a way of confirming Indian Special
Status is explicitly rejected.
e) Economic Self-sufficiency for Indians is to be sought through wage employ-
ment or through prudent management of cash resulting from claims settlements.
Indian ownership and development of resources is not regarded as an economic
alternative because confirmation of Indian Title is unacceptable.
£) Claims settlements are to be adaptable from one area to another. Essential
provisions of the James Bay and Northern Quebec Agreement are to be applied
in BC, the Yukon, the NWI, and elsewhere.
g) Provincial participation in negotiating claims settlements is regarded as
essential (aside from any legal requirements for this) because one important
aim is to shift jurisdiction over Indians to the Provinces.
After successful negotiations with the James Bay Agreement,the Gov't. refined
this strategy to accelerate terminating SPECIAL STATUS and ultimately assimi-
late us. Codified in 1979 and currently in effect, it states that:
a) Negotiations with Indians is to be on a “praamatic’ basis, i.e. with those
Indian groups prepared to accept extinguishment of their rights.
b) Priority is to be given to extinauishing Indian rights in those areas
where major resource development is likely to occur.
s«.2 Update .
“ery Issues of Indian Title are to be resolved through negotiation rather than
legal action because the courts could rule, in some instances, in favour of
Indians under the present Constitution.
d) Rigid time limits are to be set on negotiations and enforced with threats
of legislated settlements.
e) Existing National and Provincial Indian political organizations are to be
avoided in negotiating settlements. Regional and local Indian organizations
and Bands are to be alienated or isolated from membership in such political
organizations to facilitate negotiations on FEDERAL terms.
f) Indian organizations,interested in accepting Provincial programs and wil-
ling to serve as program delivery agencies for gov t.,will be encouraged and
supported(as opposed to political organizations committed to Indian rights).
g) Federal negotiators are instructed not to waste time discussing matters
which the government is not prepared to accept, i.e.:
-confirmation of Indian Title
-Indian ownership of resources
-Indian Government (as opposed to municipal-type administrations)
-support for Indigenous Indian institutions
h; Federal public relations are to be designed to convey to Indians and the
general public that government actions are ‘positive’.
1) Projected cash outlays in return for Indian Title are to be emphasized
because,on the surface,they appear substantial.In reality,payments are to be
extended over many years and would be offset by royalties and other revenues
accruing to the Government from resource development on FORMER Indian lands.
Indians would also be required to assume increasing responsibility for fin-
ancing various programs reducing Federal program expenditures accordingly.
This information is from Federal documents and show that their game-plan for
Indians is to terminate our rights using these mechanisms at their disposal.
We now understand that the Council for Yukon Indians has been negotiating in
good faith with the Territorial and Federal Gov ts., but, Minister of Indian
Affairs, John Munro,exerted much pressure on the Yukon Indians to hasten the
Land Claims Settlement as witnessed by his questionable push to obtain an
Agreement-in-Principle. To this end,the Yukon Land Claims Settlement Act has
been adopted in the House of Canmons, no doubt to be used as the ‘model’ for
future Land Claims. of Indian people in Canada. We see no protection in this
process but we do see compounded injustices.
Furthermore, Sub-agreements between the Yukon Indians and Territorial Gov't.
demonstrate living proof of the WHITE PAPER. The Settlement Act provides no
guarantees or protection for the Indians to control their land, resources,or
Aboriginal rights into the future. It does not assure power to their Indian
Goverments but assumes it to the Territorial Govt. and, puts control of the
Territorial rights of Indian people in great jeopardy. Nowhere is there re-
ference made to the Sovereignty of Yukon Indian people, nor of Indian juris-
dictional control over their lands, resources and Aboriginal rights.
The assimilation process is clearly spelled out where the Federal Government
is transferring to the Territorial Government, such program responsibilities
as Education and Health & Social Development. The question of land selection
which sets up Indian cammunities to pay property taxes, also demonstrates an
example of the Indian Gov't. Legislation Bill whereby the Federal Government
plans to transfer the Indian reserve land base under a municipal-type status
to eventually come within Territorial Government jurisdiction. The Union of
BC Indian Chiefs maintains the position that this ‘model’ or formvla used by
the Federal Gov t. to settle Land Claims is unacceptable to our people. This
Policy,based cn termination or extinguishment of Indian rights,can t be made
to apply or affect our present policy that TITLE be recogrized along with
11 aboriginal rights which emanate therefrom.
By realizing the gameplan of the Federal govt. in their use of various pro-
cesses to undermine and weaken our resolve, we, as indian Nations have been
successful thwarting their intentions and developing came-plans of our own.
The main chrust of which is seeing the traps they set for us and refusing to
be taken in by them.We ve made substantial gains <hese past few years due to
the intense political actions our people were willing to take in protecting
.-.3 Update
“wee the rights of our future generations.The membership of the UBCIC have always
-felt strongly that we can win, remaining committed to our principles. In so
believing, our people undertook initiatives at every level, including Inter-
.... hational political actions,to make clear to all Governments that we will not
“~~ stand by and allow our rights to be terminated. We intend to Maintain this
position as long as the question remains unresolved. In order to achieve our
goals, we must maintain the ability to generate political actions from our
membership to our leadership level when the situation demands it. let us all
strive to achieve this ability.
In 1979, UBCIC produced a paper on Fishing Rights. It explained our rights
and was meant to guide people through the fishing crises at the time.We hope
to update this paper in the near future and mail it out to the Bands.
5
We received a request to publish a letter forwarded to the Honorable Pierre
De Bane, Member of Parliament and Minister of Fisheries in Ottawa, by the
Gitskan-Wet ‘suwet “en Tribal Council. This letter clearly shows the games
which Federal Govt. and large Corporations play to undermine protection of
natural resources in Indian country: Quote.....
(Note: Minor editing involved for space consideration)
May 10, 1984
Dear Mr. De Bane:
Last December, you wrote me to allay Tribal Council ‘s fears about the lack
of a fair and thorough federal review of Alcan’s Kemano hydro-electric prop-
osal. You said your department would be holding public meetings and would be
participating in the Provincial Utilities Commission Hearing. Only if that
process did not adequately address departmental concerns, would you consider
conducting a federal inquiry into the river diversion proposal.
I must now report to you - the credibility of your department “s fish habitat
management procedure has been thoroughly undermined by Alcan.The company has
attempted to subvert and circumvent DFO public meetings. As well,the process
has proved inadequate in dealing with numerous political and legal questions
raised at the meetings. Though given ample opportunity to do so, Alcan chose
not to make a public presentation at the DFO meetings. Instead,they distri-
buted press releases in the meeting rooms questioning the dept. “s technical
assumptions and circulated lists of questions critical of the department for
its supposed supporters to put to the panel. In addition,other"dirty tricks"
were used in the attempt to discredit the process.
But, far more seriously, the presentation Alcan would not make in public was
permitted to be made behind closed doors to your senior officials in Ottawa.
This secret meeting was held on April 11l--just 4 days after the final public
meeting and after numerous participants had criticized the 2 years of closed
meetings between the department and the company in the Alcan Joint Technical
Committee. It’s clear the DFO public meetings were too unstructured a forum
in the face of a project proponent with a bagful of tricks and the means and
lack of scruples to use then.
At a more fundamental level, the review procedure, designed to assess techn-
ical questions, has been overwhelmed by jurisdictional and political issues
thrust upon it by the public. Yet we have learnt - the DFO and IPSFC panel
will not be given the opportunity to discuss these issues where such politi-
cal decisions are made - in your office. The process of getting the public's
message from the community meetings to you will be subject to such delay and
screening by senior bureaucrats as to be useless for your decision-making.
The 2nd phase of DFO’s review, participation in BCUC hearings, was also made
futile by Alcan. In its application for a BC Energy Project Certificate, the
company said the hydro-electric camponent of its Kemano proposal will not be
subject to - Utilities Commission Act and will be examined by the commission
only incidently to their review of the smelter proposals. It is already ap-
parent, DFO will face significant difficulty getting its final position evi-
dence from a provincial tribunal over which it has no control and which has
now been depreciated by withdrawal of intervenor funding. If the BC Energy
Minister upholds Alcan’s submission that its river diversion proposal will
not be subject to full scrutiny and dispesition by the province, then the
last chance of any consideration of federal responsibilities will have been
snuffed out.
swe% Update
“My letter and brief to you of 25 May/83, together with a similar letter sent
at the time to John Munro, Minister of Indian Affairs, laid out the federal
responsibilities. They are first: a requirement to deal with diminishment of
our aboriginal title by Alcan’s diversion-of our rivers,second: the require-
ment to protect fish. On the issue of aboriginal rights, I must inform you,
Mr. Munro has yet to reply to our letter of a year ago. As for your respon-
sibility to protect fish, Alcan still has statements filed at the BC Supreme
Court claiming you have no power to regulate the flows of rivers the company
wants to use. Both these issues need to be openly and firmly addressed by
the government of Canada.
It ‘s clear your department can only continue to participate in this process
under one condition-that it’s already decided to acquiesce to whatever Alcan
and the province propose. I don’t believe such a plan has your approval. The
Tribal Council and many other groups who participated in the public meetings
gave a clear message as to the way they saw the issue being resolved -that a
federal inquiry must be held before the provincial hearings. I urg@ you to
take an active role in the Kemano issue. The question of who controls the
salmon rivers of northern BC is a political one which cannot, and should not
be dealt with by your technical staff. It requires your immediate attention.
Yours sincerely,
Neil J. Sterritt, President
INDIAN CONTROL OF INDIAN CHILD CARE - On Oct. 9-13, 1980, Indian Governments
in British Columbia formed the Indian Child Caravan as a political action to
take control of the care of Indian children. In BC alone in 1978,there were
1,786 Indian children apprehended. Loss of these children is harshly felt by
relatives and surrounding tribal members.But what kind of life is it for the
child? On May 21st, 1984, Macleans Magazine did a story on Cameron Antoine.
This is the story: (written by Reporter Maureen Brosnihan in Wichita)
"In 1969,when Cameron Antoine,a Sioux from Brandon,Man., was five,he watched
a white man beat his father to death with a rock. Antoine’s mother was un-
able to deal with the psychological trauma of the death and a Children’s Aid
Society placed Cameron, his 2 brothers and 3 sisters in foster hames. In 75
Joseph Richard Kerley,a plant manager at a stone mason company from Wichita,
Kan., adopted Cameron. Over the next 3 years,Kerley sexually abused Cameron.
Just into his teens,Cameron became an alcoholic. Last Labor Day weekend, he
became drunk and killed his adoptive father. Last week,after Cameron pleaded
guilty to second-degree murder,Judge Robert Helsel of Sedwick District Court
in Wichita sentenced him to 15 yrs - life. He will be eligible for parole in
10 yrs. Said Cameron’s lawyer, Monte Vines: “The whole case is a tragedy’.
As tragic as this case has been, a larger tragedy is that Cameron’s case is
not unique. In the ‘60’s and 70’s,at least 3000 native Indian children were
placed in similar-if less devastating-positions. They were taken from their
home reserves and sent to white families in the United States who wanted to
adopt them. The children needed outside care,partly because federally finan-
ced reserve schools, which for decades served as institutional homes for In-
dian children,were gradually closed because of their high costs. School off-
icials sent the children back to their reserves, and parents were faced with
raising them in overcrowded and inadequate houses. Because of impoverished
conditions, child welfare authorities began making the children wards of the
provinces. But many Indian parents who wanted to regain custody did not know
how to use the court process. Often, they were not notified of court dates
and times and were unaware of their right to challenge custody orders. Many
of the parents,like most Canadians, had difficulty interpreting legal jargon
associated with the process. Max Merrick of Long Plain Reserve near Portage
La Prairie,Manitoba,for one,found the process particularly difficult. Faced
with raising 9 children, after his first wife left him, he turned to a local
Children’s Aid Society for help. The agency responded tc his plea by taking
3 of his children and placing them in various foster nomes. I+ took 2 years,
marriage to a second wife and purchase of a new home to convince Children’s
Aid authorities he was a fit parent. Even then there were prcoplems. Without
informing him, authorities had made his 3 children wards cf the srovince and
placed them in adoptive homes in the United States. In 1975, his daughter
Naze.,then il, his two sons Keith 7 and Travis 9, went tc a home in Michigan
bet that adoption didnt work out. The children then went to a home in Sac-
ramezto, California. Within 18 months, Hazel, who nad become homesick, made
her way back to her father. Her brothers soon fcilowec.
eed
.-.5 Update
“Somme book released last year, "Native Children and the Child Welfare System",
author Patrick Johnston called Children’s Aid adoption policies “the Sixties
scoop’. Johnston found the societies had taken thousands of Indian children
-- from their communities across Canada. Even though most were sent to the USA,
particularly California, Kansas, Louisiana, Pennsylvania and Tennessee,some,
including Indians from Northern Ont.,travelled as far away as Britain. With
declining birth rates reducing the number of children available for adoption
in those countries, many child welfare agencies welcamed the native children
charging adoptive parents as much as $4,000 in placement fees. In Mar/1982,
following a series of media reports and outrage from Indian leaders, Premier
Pawley ordered: immediate moratorium on placement of Indian children outside
Manitoba -the last province to do so. He appointed Manitoba associate chief
judge, Ed Kimelman, to review the issue. After 3 interim reports, Kimelman
called the practice “a wholesale exportation’ of Indian children and called a
permanent moratorium. Chief Ernie Daniels,senior official in the Assembly of
First Nations, advocates a national Indian child welfare act like one passed
in the USA in °78,that prevents white American families from adopting native
children. Daniels,whose community lost over 50 children through out*of-prov-
ince placements this past decade,said such an act would ensure Indian child-
ren, who must be taken from their homes, are placed in culturally appropriate
homes. As well, AFN plans to establish a repatriation office, possibly in
Winnipeg, which would assist in reuniting Indian children with their natural
families. For thousands of these children like Cameron, now living far from
their reserves, the initiatives have come far too late.”
The above story points out the tremendous need for Indian Governments to
take themselves seriously, and, begin to act on the matter of governing with
proper jurisdictional authority in all sectors of Indian life. Child Welfare
is only one area indicating how much work is ahead of us. This is certainly
not the glamourous side to political recognition but is surely the necessary
step for developing credible and responsible Indian Government. We must face
the work - for governing control brings awesome responsibilities. Let our
efforts be in recognition of our peoples efforts in the past,for our people
today, and into the future. Our survival depends on the health and strength
of our children - so let us begin. - Chief Saul Terry, President
ENVIRONMENTAL DEVELOPMENT - The 37th Annual Conference of the Canadian Water
Resources Association heard Dr. Peter Pearse warn: "some difficult tradeoffs
and compromises will be needed if Canada is to make the most of its natural
water supply". As Chairman of the Inquiry on Federal Water Policy, Dr.Pearse
and fellow Inquiry members have already begun identifying the problems. They
met with provincial authorities across Canada and will soon issue a partici-
pation paper clarifying the issues before public hearings are held this fall
and winter. Pearse said problems facing water policymakers vary regionally:
in the far north, the problem is protecting a delicate economic system; on
the Prairies is loaning scarcity; in the Great Lakes-St. Lawrence Basin and
Atlantic Canada, it is pollution. At the same conference, B.C. Environment
Minister Anthony Brummet said B.C has never been concerned with water supply
pecause we have a super-abundance. He noted: the expected global shortage of
water offers an opportunity to export water which flows from coastal streams
directly into the sea and cannot be diverted for irrigation or other use-.His
department has already had inquiries from promoters considering shipment of
fresh water by tanker from such streams.
SFA RESOURCES -Subsea resources between Vancouver Island and the lower main-
land of B.C. belong to the province rather than the federal government, the
Supreme Court of Canada ruled on May 17,1984. The 4-2 split decision,quoted
from journals of the 18th century British explorer Captain George Vancouver,
establishes provincial ownership over an undersea territory with oil and gas
potential. The Court recognized provinical ownership of the seabed under the
inland waters of Queen Charlotte Strait, Johnston Strait, Georgia Strait and
Canada’s side of the international boundary in the Strait of Juan de Fuca.
INTERNATIONAL BOUNDARIES -James Fulton,New Democrat MP,was in Washington and
met Canadian officials to discuss a dispute over sate 400sq.mi. of territory
at the Dixon Entrance marking the southern limit of the Alaska Panhandle.The
U.$.Government is selling a chunk of Canadian Territory to US Oil companies.
™he Acreement between United States and Canada is: "no actions will be taken
that would challenge jurisdiction of the other until the World Court at the
Hague delivers its Judgement on an Past coast boundary Gispute over the Gulf
of Maine”. Mr. Fulton said proposed sale of leases in the territory off the
Cixon Entrance may prove to be the most serious sovereignty dispute between
the 2 governments since the War of 1812. Both Mr.Fulton and Mr.Broadbent Say
shere can be no question the territory uncer discussion is Canadian. That,
they say, was settled by a -oint Canada-U.S. Boundary Commission in 1903.
-..-6 Update
~se\-BC Wildlife Branch manager told a BC Supreme Court trial it is none of his
business if foreign citizens acquire trapping, guiding and outfitting rights
to thousands of acres of provincial wilderness by paying a Canadian citizen
-.to take out the license in their names. Stephen Willett, Reg. Director Fish
& Wildlife Branch, said the Wildlife Act prohibits Non-residents from owning
trapping or guiding rights to areas but he isn’t concerned about third-party
arrangements where foreign citizens pay Canadian “naminees~ to hold the lic-
ense in their names. Willett was testifying in the case of two German busi-
nessmen seeking a court declaration that they are the “beneficial owners” of
a trapline north of Fort St. John. (Globe & Mail: May 16/84)
INDIAN HEALTH - The Fort McKay Indian Band filed a notice of motion with the
Energy Resources Conservation Board on May 15/84 calling for public hearings
on the cumulative health impact of oil-sands plants. High levels of lead
found in hair samples from six Ft.McKay residents could indicate ‘effects on
the nervous system - diminished IQ, behavioural and co-ordination problems ~.
The Medical Services Branch of Health & Welfare Canada studied 149 Ft. McKay
residents in 1982. The Band, which raised concerns about energy development
before, says it commissioned the latest study because it felt results froma
1982 Federal Health Study were inconclusive. (Edmonton Journal: May 17/84)
MINES - A BC Environment Ministry report clears the way for the $100 million
Ouinsam Coal Project on the main tributary of the Campbell River. This has
heightened fears that the community’s WORLD SALMON CAPITAL title is in jeop-
ardy. Brinco Mines Ltd. and Weldwood of Canada Ltd.,joint developers of the
mine,have spent $7million on the project. At full production,the mine would
employ 250 people and remove one million tons a year of thermal coal froma
deposit estimated to contain 310 million tons. Brummet,Minister of Fnviron-
ment, said the province is satisfied this project has undergone the fullest
possible scrutiny and can now proceed to the permit/licensing stage. There
is no likelihood acid or heavy metal discharges could enter the river and
studies have ruled out the possibility of ground-water contamination.
BATTLE OF BATOCHE-Each year in May, Officers of the Royal Regiment of Canada
hold a Batoche Dinner. This May marks the 99th anniversary of the Battle of
Batoche. Colonel David (Tim) Beatty,Honorary Colonel,gave this information:
"The Battle of Batoche was the decisive battle in the Northwest Rebellion as
it threatened the area, between Manitoba and Rockies,with anarchy and blood-
shed in early 1885. Louis Riel was the inspiritional leader of the Metis and
Indians and Gabriel Dumont,their leader in battle. A bayonet charge on rebel
positions near Batoche (halfway between Saskatoon and Prince Albert on South
Saskatchewan River) by 10th Royal Grenadiers led to surrender, and, to Riel
giving himself up May 12, 1885. Since that time the Royals have held a mess
dinner for men only on the friday night nearest to May 12 to keep memory of
the milestone fresh." (Globe & Mail: May 16,1984)
UBCIC RESOURCE CENTRE-Reg Percival has been hired to reorganize the Resource
Centre. He has a tremendous amount of work to update the library and do an
inventory of equipment and materials. However,the Resource Centre is offici-
ally open. Bands or Indian organizations interested in taking part in a one-
week workshop on organizing and setting up a resource centre should contact
Reg at the UBCIC (684-0231) or write. This workshop will provide an opport-
unity for everyone to meet Resource people who provide library and research
materials to Bands. Some of the resource people will came from the Dept.of
Indian Affairs, Legal Services, UBC Main Library and Law Library,and UBCIC.
This workshop is tentatively set for mid-July. Now is a good time to remind
our members. If you borrowed any materials, remember to return them.
ABCRIGINAL SUPPORT GROUP - INTERNATIONAL: To the Constitution Express et al:
Four years ago,the Constitution Express took the long journey through Europe
and "shook the world" with the help of European people and media. Myself and
Karen Anderson were sent to Belgium with names of 2 peorie wno might be able
to help. By the time we left,we had the help and interest cf media,teechers,
students, and women’s groups. ‘Today,the Constitution Express is still going
strcng in Belgium and, it 1s important that we keep this relationship going
3ince we may need further help in the Constitution battle or other struggles
in the future.
..-/ Update
=={-received a letter from one of our best European contact persons,Marie Rose
Dufrasne of Brussels, who helped us considerably during our stay there: by
publicizing the Constitution Express with long-distance calls; room & board;
contacting media and politicians; and, setting up a meeting with one of the
largest, most powerful labour Unions in Belgium, who gave us financial help.
Marie is responsible for public relations in the Belgium Association in Sup-
port of North American Indians (B.A.N.A.I). She came to BC in the summer of
1981, and visited Mt. Currie, the UNN General Assembly in Port Alberni; and
Bella Coola. While in Bella Coola,the idea of a student exchange was formed.
In Sept. /82, five students from Bella Coola and five from Mt. Currie went to
Belgium staying in places such as Willebroek,Antwerpen,Brugge, and Gent with
students’ families visiting their schools. Our students held 2 information
sessions in Willebroek and Brussels showing slides of their Tribal areas and
way of life with dancing and singing. People in Belgium were very enthusia-
stic about our children’s visit there and this year, B.A.N.A.I is sponsoring
8 students to visit B.C. Their group,called FANTASTIK, have worked hard all
year raising money for their trip to Canada. Some went on National 'Flemmish
Television where the TV reporter got so excited, he is trying to raise funds
to make a picture (30 min.) on the student exchange. If this succeeds,it may
be sold to other European TV(Youth Programs). Everyone is excited about this
trip and are meeting constantly before coming over.
Lorna Bob and her sister Kat are willing to help me organize this end. The
students will arrive at Vancouver ’s International Airport from Amsterdam on
July 2nd at 1:40 pm and return home, July 29th at 6:00 pm. Mt. Currie has
offered to pick them up. They will definitely spend some time in Mt. Currie
and Bella Coola. I would like to request through this UPDATE for any Indian
community in British Columbia planning special gatherings, meetings, or pow-
wows between July 2 - 29th, could the Belgium students receive an invitation
from you? This will have to include help with billeting and meals as they
will not have the kind of money needed to stay in hotels. I am depending on
the generosity of Indian people in Vancouver, or, on-reserve to offer their
hospitality to these students. Please contact me soon at the UBCIC’s office
at 684-0231 if you can help in any way. lLet’s prepare for the people of the
European Express!
In The Fight for Our Rights ane Freedoms,
Sylvia Woods, ICE.
LIBERAL LEADERSHIP ELECTION: Top of the news across Canada is the campaign
for leadership of the Liberal Party. Whoever wins this leadership election
will be running against the Conservative and New Democratic Parties in the
next federal election. The Liberal leader being chosen may became the next
Prime Minister of Canada. However,as Indian people, we occupy a unique place
in Canada and we intend to retain our rightful place through the institution
of Indian Government. But, with such a history of deceit by all parties and
the Federal Government ’s continued policy for extinguishment of Aboriginal
Rights, Indian people find it difficult to believe the philosophies of these
political parties or to trust promises they make on Indian rights. It may be
time for us to consider showing our influence through the Indian vote. For
example, Indian people in Manitoba exercised theirs when Sterling Lyon lost
to Pawley in the ‘81 Provincial election. This was after the 10 Premiers and
Prime Minister dropped all reference to aboriginal rights from the Constitu-
tion. Did any candidates hold public forums on the reserves? The candidates
have to take the Indian communities seriously. If they did not take time to
hold meetings on the reserves, they have truly lost an opportunity to meet,
first hand, the First Nations at home, with whom they must keep a bargain.
Interesting note: the Guyami Indians in Panama have just participated in the
federal election there. For years, Guyami have been pressing the Panamanian
Government to grant them the rights for limited self-rule on their ancestral
lands -an arrangement referred to as "Comarca"- under which the Guyami would
assume responsibility for many aspects of civil administration within their
region. Progress is being made but agreement has yet to be reached. Elected
several weeks ago by the narrowest cf margins amid bitter charges of fraud,
President-elect, Nicholas Ardito Barletta, probably owes his tiny margin of
victory to the Indian pecples who supported his military-backed candidacy in
great numbers. Guyami pecple believe that, by casting their ballots for the
official candidate, they have kept their part of the bargain and genuinely
expect the Government will comply with its proud-procession of pre-election
promises. (Globe & Mail: May 50, 1384)
.--8 Update
Further to the note on the Guyami participation in the Panamanian election,
one of the Executive members of the World Council of Indigenous People is a
Guyami Indian named Bernardo Jaen.
TELEX FROM AFN NATIONAL CHIEF: DR. DAVID AHENAKEW
Re: Fifth Annual Assembly
Our Land: 1534 - 1984
The Annual Assembly has been changed from Quebec City to Montreal due to
logistical problems. Therefore, the Assembly will be held in Montreal from
July 17th - 19th at the Sheraton Hotel, 1201 Dorchester, Ph: (514)878-2000.
AFN has blocked 300 Rooms from Monday July 16. I recommend you book acccmo-
dation early as hotel will hold rooms only until June 22nd. Please book with
AFN Conference to obtain special rate. Details to follow by mail.
Re: Our Land: 1534 - 1984
Invitation remains open to attend celebrations in Quebec City June 26-July 1
which Chiefs agreed to support by Resolu. #10 at Winnipeg Annual Assembly.
Contact Chief Max Gros-Louis,Huron Nation,Quebec for details (418) 843-2455.
TOBACCO PLAINS INDIAN BAND IMMIGRATION HEARING RE: MARGARET FRIEDLANDER
On May 31st, over 100 members of the Kootenay Nation appeared at Immigration
offices in Cranbrook to support Margaret Friedlander, who has been charged
with illegally working in Canada without a Canadian permit. She is a member
of the Kootenay Nation, and has been hired by the Tobacco Plains Indian Band
because of her fluency in the Kootenay language and knowledge of Kootenay
culture. The Kootenay Nation believes that immigration laws do not apply to
them because they have never been immigrants in their own territory. Elders
say that when the border was put in place, the governments told the Kootenay
people that the border was for the white people and not Indians. For years,
the Kootenays have moved back and forth across the border without reference
to Immigration.
The Kootenay people appeared at the Inmigration hearing to make application
for the hearing to be moved to their Band hall. They were prepared to care-
fully place before the adjudicator, their history of the Kootenay Nation and
prove, through evidence of Chiefs and Elders, that Immigration had no juris-
diction over Margaret. The Immigration office was so small that less than 10
people could comfortably be present. The application to move the hearing was
denied by the adjudicator. For over 2 hours, members of the Kootenay Nation
debated with the adjudicator about the situation arguing that it is immigra-
tion officers and not the Kootenays who are the immigrants. Finally, because
all the Indian people left the hearing,including Margaret, it was impossible
for the hearing to continue. Although Regional Immigration officers have ad-
vised that Immigration has the power to arrest Margaret Friedlander now, the
Minister of Immigration has directed that no arrest take place and the hear-
ing should not be reconvened until Minister of Indian Affairs, Munro, has an
opportunity to decide whether or not he will recognize Margaret's status and
thereby hold back immigration in their efforts to deport her.
NANATMO INDIAN BAND: HUNTING CHARGES
In January, Judge Heard sentenced 3 members of Nanaimo Indian Band, Anthony,
Mervin and Rodney Seward to lengthy jail time for killing one elk. Mervin
was sentenced to four months; his brothers each to 45 days. Their father,
Robert Seward pieaded guilty with them; however,he was not sentenced because
he was sick. As soon as the UBCIC lawyers heard the boys were in jail, they
lodged appeals and had them released from jail pending the argument. They
were successful ,this month, having their sentences reduced to less than the
period of time they had already served. They were also successfui in having
Robert Seward s guilty plea struck from the record and a new trial ordered.
UBCIC Update is a service of the Union of BC Indian Chiefs for member Bands.
If you wisn any information to be included, please send it te Millie Foplar
c/o Union cf BC indian Chiefs
=40 West Hastings St.
Vancesver, B.C. V6B 1LLI1
It may De necessary to edit information you send to keep the Update as brisf
as possikie. Hcwever, we will make sure that the intent of your message and
ail vita. information is Kept intact.
-
ae aNet Me awerve Seis Ltitiw wo
440 West Hastings
Vancouver, B.C. V6B 1L1
U.B,C,1,C, UP-DATE
JUNE 1984
BANDS, TRIBAL COUNCILS,
UNION OF B.C. INDIAN CHIEFS
ISSUE NO. 4
MESSAGE FROM THE PRESIDENT-CHIEF SAUL TERRY
In 1969,the Federal Gov't. introduced,in the House of Commons,the White Paper
Policy for the total assimilation of Indian people in Canada. The p se was
to transfer responsibility for Indian people under jurisdiction of Provincial
and Territorial Governments. It outlined Government intentions to repeal the
Indian Act and amend the Constitution (BNA Act) to eliminate all reference to
Indians. When strong Indian resistance developed nationwide to his proposal,
Trudeau promised Indian Leaders that he would shelve the "White Paper". On
April 30/71,the Minister of Indian Affairs,Jean Chretien outlined in a letter
to Trudeau, a strategy to implement this Policy confirming on page 3 (para.4)
that: "White Paper Policy objectives remain valid". Chretien also proposed an
evolutionary process of implementation be adopted promoting Provincial/Indian
Inter-involvement at every level of Gov't. recognizing that: "PROGRESS WILL
TAKE PLACE IN DIFFERENT AREAS IN DIFFERENT WAYS AT A DIFFERENT PACE". We can
conclude that this Policy is highly active, and, has been implemented for the
past 13 years throughout Canada using different methods with different areas.
Under Indian Affairs,it is being implemented through the proposed Indian Gov-
ernment legislation and practised through the extinguishment policies of the
Land Claims Process.
One of the major instruments for implementing White Paper Objectives is the
Office of Native Claims for extinguishment of Indian Title. This Land Claims
Policy was reviewed in a 1979 submission to Cabinet and outlines:
a) Indian Title is to be extinguished for money and certain limited conces-
sions, many of which would be of a temporary nature.
b) Any confirmation of Indian Title is explicitly rejected as a basis for
agreement.
c) Any powers or authority transferred to Indians are to be consistent with
non-Indian political institutions i.e. municipal-type administrations which
can be tied later into Provincial/Territorial laws and institutions.
d) The concept of Indian Government as a way of confirming Indian Special
Status is explicitly rejected.
e) Economic Self-sufficiency for Indians is to be sought through wage employ-
ment or through prudent management of cash resulting from claims settlements.
Indian ownership and development of resources is not regarded as an economic
alternative because confirmation of Indian Title is unacceptable.
£) Claims settlements are to be adaptable from one area to another. Essential
provisions of the James Bay and Northern Quebec Agreement are to be applied
in BC, the Yukon, the NWI, and elsewhere.
g) Provincial participation in negotiating claims settlements is regarded as
essential (aside from any legal requirements for this) because one important
aim is to shift jurisdiction over Indians to the Provinces.
After successful negotiations with the James Bay Agreement,the Gov't. refined
this strategy to accelerate terminating SPECIAL STATUS and ultimately assimi-
late us. Codified in 1979 and currently in effect, it states that:
a) Negotiations with Indians is to be on a “praamatic’ basis, i.e. with those
Indian groups prepared to accept extinguishment of their rights.
b) Priority is to be given to extinauishing Indian rights in those areas
where major resource development is likely to occur.
s«.2 Update .
“ery Issues of Indian Title are to be resolved through negotiation rather than
legal action because the courts could rule, in some instances, in favour of
Indians under the present Constitution.
d) Rigid time limits are to be set on negotiations and enforced with threats
of legislated settlements.
e) Existing National and Provincial Indian political organizations are to be
avoided in negotiating settlements. Regional and local Indian organizations
and Bands are to be alienated or isolated from membership in such political
organizations to facilitate negotiations on FEDERAL terms.
f) Indian organizations,interested in accepting Provincial programs and wil-
ling to serve as program delivery agencies for gov t.,will be encouraged and
supported(as opposed to political organizations committed to Indian rights).
g) Federal negotiators are instructed not to waste time discussing matters
which the government is not prepared to accept, i.e.:
-confirmation of Indian Title
-Indian ownership of resources
-Indian Government (as opposed to municipal-type administrations)
-support for Indigenous Indian institutions
h; Federal public relations are to be designed to convey to Indians and the
general public that government actions are ‘positive’.
1) Projected cash outlays in return for Indian Title are to be emphasized
because,on the surface,they appear substantial.In reality,payments are to be
extended over many years and would be offset by royalties and other revenues
accruing to the Government from resource development on FORMER Indian lands.
Indians would also be required to assume increasing responsibility for fin-
ancing various programs reducing Federal program expenditures accordingly.
This information is from Federal documents and show that their game-plan for
Indians is to terminate our rights using these mechanisms at their disposal.
We now understand that the Council for Yukon Indians has been negotiating in
good faith with the Territorial and Federal Gov ts., but, Minister of Indian
Affairs, John Munro,exerted much pressure on the Yukon Indians to hasten the
Land Claims Settlement as witnessed by his questionable push to obtain an
Agreement-in-Principle. To this end,the Yukon Land Claims Settlement Act has
been adopted in the House of Canmons, no doubt to be used as the ‘model’ for
future Land Claims. of Indian people in Canada. We see no protection in this
process but we do see compounded injustices.
Furthermore, Sub-agreements between the Yukon Indians and Territorial Gov't.
demonstrate living proof of the WHITE PAPER. The Settlement Act provides no
guarantees or protection for the Indians to control their land, resources,or
Aboriginal rights into the future. It does not assure power to their Indian
Goverments but assumes it to the Territorial Govt. and, puts control of the
Territorial rights of Indian people in great jeopardy. Nowhere is there re-
ference made to the Sovereignty of Yukon Indian people, nor of Indian juris-
dictional control over their lands, resources and Aboriginal rights.
The assimilation process is clearly spelled out where the Federal Government
is transferring to the Territorial Government, such program responsibilities
as Education and Health & Social Development. The question of land selection
which sets up Indian cammunities to pay property taxes, also demonstrates an
example of the Indian Gov't. Legislation Bill whereby the Federal Government
plans to transfer the Indian reserve land base under a municipal-type status
to eventually come within Territorial Government jurisdiction. The Union of
BC Indian Chiefs maintains the position that this ‘model’ or formvla used by
the Federal Gov t. to settle Land Claims is unacceptable to our people. This
Policy,based cn termination or extinguishment of Indian rights,can t be made
to apply or affect our present policy that TITLE be recogrized along with
11 aboriginal rights which emanate therefrom.
By realizing the gameplan of the Federal govt. in their use of various pro-
cesses to undermine and weaken our resolve, we, as indian Nations have been
successful thwarting their intentions and developing came-plans of our own.
The main chrust of which is seeing the traps they set for us and refusing to
be taken in by them.We ve made substantial gains <hese past few years due to
the intense political actions our people were willing to take in protecting
.-.3 Update
“wee the rights of our future generations.The membership of the UBCIC have always
-felt strongly that we can win, remaining committed to our principles. In so
believing, our people undertook initiatives at every level, including Inter-
.... hational political actions,to make clear to all Governments that we will not
“~~ stand by and allow our rights to be terminated. We intend to Maintain this
position as long as the question remains unresolved. In order to achieve our
goals, we must maintain the ability to generate political actions from our
membership to our leadership level when the situation demands it. let us all
strive to achieve this ability.
In 1979, UBCIC produced a paper on Fishing Rights. It explained our rights
and was meant to guide people through the fishing crises at the time.We hope
to update this paper in the near future and mail it out to the Bands.
5
We received a request to publish a letter forwarded to the Honorable Pierre
De Bane, Member of Parliament and Minister of Fisheries in Ottawa, by the
Gitskan-Wet ‘suwet “en Tribal Council. This letter clearly shows the games
which Federal Govt. and large Corporations play to undermine protection of
natural resources in Indian country: Quote.....
(Note: Minor editing involved for space consideration)
May 10, 1984
Dear Mr. De Bane:
Last December, you wrote me to allay Tribal Council ‘s fears about the lack
of a fair and thorough federal review of Alcan’s Kemano hydro-electric prop-
osal. You said your department would be holding public meetings and would be
participating in the Provincial Utilities Commission Hearing. Only if that
process did not adequately address departmental concerns, would you consider
conducting a federal inquiry into the river diversion proposal.
I must now report to you - the credibility of your department “s fish habitat
management procedure has been thoroughly undermined by Alcan.The company has
attempted to subvert and circumvent DFO public meetings. As well,the process
has proved inadequate in dealing with numerous political and legal questions
raised at the meetings. Though given ample opportunity to do so, Alcan chose
not to make a public presentation at the DFO meetings. Instead,they distri-
buted press releases in the meeting rooms questioning the dept. “s technical
assumptions and circulated lists of questions critical of the department for
its supposed supporters to put to the panel. In addition,other"dirty tricks"
were used in the attempt to discredit the process.
But, far more seriously, the presentation Alcan would not make in public was
permitted to be made behind closed doors to your senior officials in Ottawa.
This secret meeting was held on April 11l--just 4 days after the final public
meeting and after numerous participants had criticized the 2 years of closed
meetings between the department and the company in the Alcan Joint Technical
Committee. It’s clear the DFO public meetings were too unstructured a forum
in the face of a project proponent with a bagful of tricks and the means and
lack of scruples to use then.
At a more fundamental level, the review procedure, designed to assess techn-
ical questions, has been overwhelmed by jurisdictional and political issues
thrust upon it by the public. Yet we have learnt - the DFO and IPSFC panel
will not be given the opportunity to discuss these issues where such politi-
cal decisions are made - in your office. The process of getting the public's
message from the community meetings to you will be subject to such delay and
screening by senior bureaucrats as to be useless for your decision-making.
The 2nd phase of DFO’s review, participation in BCUC hearings, was also made
futile by Alcan. In its application for a BC Energy Project Certificate, the
company said the hydro-electric camponent of its Kemano proposal will not be
subject to - Utilities Commission Act and will be examined by the commission
only incidently to their review of the smelter proposals. It is already ap-
parent, DFO will face significant difficulty getting its final position evi-
dence from a provincial tribunal over which it has no control and which has
now been depreciated by withdrawal of intervenor funding. If the BC Energy
Minister upholds Alcan’s submission that its river diversion proposal will
not be subject to full scrutiny and dispesition by the province, then the
last chance of any consideration of federal responsibilities will have been
snuffed out.
swe% Update
“My letter and brief to you of 25 May/83, together with a similar letter sent
at the time to John Munro, Minister of Indian Affairs, laid out the federal
responsibilities. They are first: a requirement to deal with diminishment of
our aboriginal title by Alcan’s diversion-of our rivers,second: the require-
ment to protect fish. On the issue of aboriginal rights, I must inform you,
Mr. Munro has yet to reply to our letter of a year ago. As for your respon-
sibility to protect fish, Alcan still has statements filed at the BC Supreme
Court claiming you have no power to regulate the flows of rivers the company
wants to use. Both these issues need to be openly and firmly addressed by
the government of Canada.
It ‘s clear your department can only continue to participate in this process
under one condition-that it’s already decided to acquiesce to whatever Alcan
and the province propose. I don’t believe such a plan has your approval. The
Tribal Council and many other groups who participated in the public meetings
gave a clear message as to the way they saw the issue being resolved -that a
federal inquiry must be held before the provincial hearings. I urg@ you to
take an active role in the Kemano issue. The question of who controls the
salmon rivers of northern BC is a political one which cannot, and should not
be dealt with by your technical staff. It requires your immediate attention.
Yours sincerely,
Neil J. Sterritt, President
INDIAN CONTROL OF INDIAN CHILD CARE - On Oct. 9-13, 1980, Indian Governments
in British Columbia formed the Indian Child Caravan as a political action to
take control of the care of Indian children. In BC alone in 1978,there were
1,786 Indian children apprehended. Loss of these children is harshly felt by
relatives and surrounding tribal members.But what kind of life is it for the
child? On May 21st, 1984, Macleans Magazine did a story on Cameron Antoine.
This is the story: (written by Reporter Maureen Brosnihan in Wichita)
"In 1969,when Cameron Antoine,a Sioux from Brandon,Man., was five,he watched
a white man beat his father to death with a rock. Antoine’s mother was un-
able to deal with the psychological trauma of the death and a Children’s Aid
Society placed Cameron, his 2 brothers and 3 sisters in foster hames. In 75
Joseph Richard Kerley,a plant manager at a stone mason company from Wichita,
Kan., adopted Cameron. Over the next 3 years,Kerley sexually abused Cameron.
Just into his teens,Cameron became an alcoholic. Last Labor Day weekend, he
became drunk and killed his adoptive father. Last week,after Cameron pleaded
guilty to second-degree murder,Judge Robert Helsel of Sedwick District Court
in Wichita sentenced him to 15 yrs - life. He will be eligible for parole in
10 yrs. Said Cameron’s lawyer, Monte Vines: “The whole case is a tragedy’.
As tragic as this case has been, a larger tragedy is that Cameron’s case is
not unique. In the ‘60’s and 70’s,at least 3000 native Indian children were
placed in similar-if less devastating-positions. They were taken from their
home reserves and sent to white families in the United States who wanted to
adopt them. The children needed outside care,partly because federally finan-
ced reserve schools, which for decades served as institutional homes for In-
dian children,were gradually closed because of their high costs. School off-
icials sent the children back to their reserves, and parents were faced with
raising them in overcrowded and inadequate houses. Because of impoverished
conditions, child welfare authorities began making the children wards of the
provinces. But many Indian parents who wanted to regain custody did not know
how to use the court process. Often, they were not notified of court dates
and times and were unaware of their right to challenge custody orders. Many
of the parents,like most Canadians, had difficulty interpreting legal jargon
associated with the process. Max Merrick of Long Plain Reserve near Portage
La Prairie,Manitoba,for one,found the process particularly difficult. Faced
with raising 9 children, after his first wife left him, he turned to a local
Children’s Aid Society for help. The agency responded tc his plea by taking
3 of his children and placing them in various foster nomes. I+ took 2 years,
marriage to a second wife and purchase of a new home to convince Children’s
Aid authorities he was a fit parent. Even then there were prcoplems. Without
informing him, authorities had made his 3 children wards cf the srovince and
placed them in adoptive homes in the United States. In 1975, his daughter
Naze.,then il, his two sons Keith 7 and Travis 9, went tc a home in Michigan
bet that adoption didnt work out. The children then went to a home in Sac-
ramezto, California. Within 18 months, Hazel, who nad become homesick, made
her way back to her father. Her brothers soon fcilowec.
eed
.-.5 Update
“Somme book released last year, "Native Children and the Child Welfare System",
author Patrick Johnston called Children’s Aid adoption policies “the Sixties
scoop’. Johnston found the societies had taken thousands of Indian children
-- from their communities across Canada. Even though most were sent to the USA,
particularly California, Kansas, Louisiana, Pennsylvania and Tennessee,some,
including Indians from Northern Ont.,travelled as far away as Britain. With
declining birth rates reducing the number of children available for adoption
in those countries, many child welfare agencies welcamed the native children
charging adoptive parents as much as $4,000 in placement fees. In Mar/1982,
following a series of media reports and outrage from Indian leaders, Premier
Pawley ordered: immediate moratorium on placement of Indian children outside
Manitoba -the last province to do so. He appointed Manitoba associate chief
judge, Ed Kimelman, to review the issue. After 3 interim reports, Kimelman
called the practice “a wholesale exportation’ of Indian children and called a
permanent moratorium. Chief Ernie Daniels,senior official in the Assembly of
First Nations, advocates a national Indian child welfare act like one passed
in the USA in °78,that prevents white American families from adopting native
children. Daniels,whose community lost over 50 children through out*of-prov-
ince placements this past decade,said such an act would ensure Indian child-
ren, who must be taken from their homes, are placed in culturally appropriate
homes. As well, AFN plans to establish a repatriation office, possibly in
Winnipeg, which would assist in reuniting Indian children with their natural
families. For thousands of these children like Cameron, now living far from
their reserves, the initiatives have come far too late.”
The above story points out the tremendous need for Indian Governments to
take themselves seriously, and, begin to act on the matter of governing with
proper jurisdictional authority in all sectors of Indian life. Child Welfare
is only one area indicating how much work is ahead of us. This is certainly
not the glamourous side to political recognition but is surely the necessary
step for developing credible and responsible Indian Government. We must face
the work - for governing control brings awesome responsibilities. Let our
efforts be in recognition of our peoples efforts in the past,for our people
today, and into the future. Our survival depends on the health and strength
of our children - so let us begin. - Chief Saul Terry, President
ENVIRONMENTAL DEVELOPMENT - The 37th Annual Conference of the Canadian Water
Resources Association heard Dr. Peter Pearse warn: "some difficult tradeoffs
and compromises will be needed if Canada is to make the most of its natural
water supply". As Chairman of the Inquiry on Federal Water Policy, Dr.Pearse
and fellow Inquiry members have already begun identifying the problems. They
met with provincial authorities across Canada and will soon issue a partici-
pation paper clarifying the issues before public hearings are held this fall
and winter. Pearse said problems facing water policymakers vary regionally:
in the far north, the problem is protecting a delicate economic system; on
the Prairies is loaning scarcity; in the Great Lakes-St. Lawrence Basin and
Atlantic Canada, it is pollution. At the same conference, B.C. Environment
Minister Anthony Brummet said B.C has never been concerned with water supply
pecause we have a super-abundance. He noted: the expected global shortage of
water offers an opportunity to export water which flows from coastal streams
directly into the sea and cannot be diverted for irrigation or other use-.His
department has already had inquiries from promoters considering shipment of
fresh water by tanker from such streams.
SFA RESOURCES -Subsea resources between Vancouver Island and the lower main-
land of B.C. belong to the province rather than the federal government, the
Supreme Court of Canada ruled on May 17,1984. The 4-2 split decision,quoted
from journals of the 18th century British explorer Captain George Vancouver,
establishes provincial ownership over an undersea territory with oil and gas
potential. The Court recognized provinical ownership of the seabed under the
inland waters of Queen Charlotte Strait, Johnston Strait, Georgia Strait and
Canada’s side of the international boundary in the Strait of Juan de Fuca.
INTERNATIONAL BOUNDARIES -James Fulton,New Democrat MP,was in Washington and
met Canadian officials to discuss a dispute over sate 400sq.mi. of territory
at the Dixon Entrance marking the southern limit of the Alaska Panhandle.The
U.$.Government is selling a chunk of Canadian Territory to US Oil companies.
™he Acreement between United States and Canada is: "no actions will be taken
that would challenge jurisdiction of the other until the World Court at the
Hague delivers its Judgement on an Past coast boundary Gispute over the Gulf
of Maine”. Mr. Fulton said proposed sale of leases in the territory off the
Cixon Entrance may prove to be the most serious sovereignty dispute between
the 2 governments since the War of 1812. Both Mr.Fulton and Mr.Broadbent Say
shere can be no question the territory uncer discussion is Canadian. That,
they say, was settled by a -oint Canada-U.S. Boundary Commission in 1903.
-..-6 Update
~se\-BC Wildlife Branch manager told a BC Supreme Court trial it is none of his
business if foreign citizens acquire trapping, guiding and outfitting rights
to thousands of acres of provincial wilderness by paying a Canadian citizen
-.to take out the license in their names. Stephen Willett, Reg. Director Fish
& Wildlife Branch, said the Wildlife Act prohibits Non-residents from owning
trapping or guiding rights to areas but he isn’t concerned about third-party
arrangements where foreign citizens pay Canadian “naminees~ to hold the lic-
ense in their names. Willett was testifying in the case of two German busi-
nessmen seeking a court declaration that they are the “beneficial owners” of
a trapline north of Fort St. John. (Globe & Mail: May 16/84)
INDIAN HEALTH - The Fort McKay Indian Band filed a notice of motion with the
Energy Resources Conservation Board on May 15/84 calling for public hearings
on the cumulative health impact of oil-sands plants. High levels of lead
found in hair samples from six Ft.McKay residents could indicate ‘effects on
the nervous system - diminished IQ, behavioural and co-ordination problems ~.
The Medical Services Branch of Health & Welfare Canada studied 149 Ft. McKay
residents in 1982. The Band, which raised concerns about energy development
before, says it commissioned the latest study because it felt results froma
1982 Federal Health Study were inconclusive. (Edmonton Journal: May 17/84)
MINES - A BC Environment Ministry report clears the way for the $100 million
Ouinsam Coal Project on the main tributary of the Campbell River. This has
heightened fears that the community’s WORLD SALMON CAPITAL title is in jeop-
ardy. Brinco Mines Ltd. and Weldwood of Canada Ltd.,joint developers of the
mine,have spent $7million on the project. At full production,the mine would
employ 250 people and remove one million tons a year of thermal coal froma
deposit estimated to contain 310 million tons. Brummet,Minister of Fnviron-
ment, said the province is satisfied this project has undergone the fullest
possible scrutiny and can now proceed to the permit/licensing stage. There
is no likelihood acid or heavy metal discharges could enter the river and
studies have ruled out the possibility of ground-water contamination.
BATTLE OF BATOCHE-Each year in May, Officers of the Royal Regiment of Canada
hold a Batoche Dinner. This May marks the 99th anniversary of the Battle of
Batoche. Colonel David (Tim) Beatty,Honorary Colonel,gave this information:
"The Battle of Batoche was the decisive battle in the Northwest Rebellion as
it threatened the area, between Manitoba and Rockies,with anarchy and blood-
shed in early 1885. Louis Riel was the inspiritional leader of the Metis and
Indians and Gabriel Dumont,their leader in battle. A bayonet charge on rebel
positions near Batoche (halfway between Saskatoon and Prince Albert on South
Saskatchewan River) by 10th Royal Grenadiers led to surrender, and, to Riel
giving himself up May 12, 1885. Since that time the Royals have held a mess
dinner for men only on the friday night nearest to May 12 to keep memory of
the milestone fresh." (Globe & Mail: May 16,1984)
UBCIC RESOURCE CENTRE-Reg Percival has been hired to reorganize the Resource
Centre. He has a tremendous amount of work to update the library and do an
inventory of equipment and materials. However,the Resource Centre is offici-
ally open. Bands or Indian organizations interested in taking part in a one-
week workshop on organizing and setting up a resource centre should contact
Reg at the UBCIC (684-0231) or write. This workshop will provide an opport-
unity for everyone to meet Resource people who provide library and research
materials to Bands. Some of the resource people will came from the Dept.of
Indian Affairs, Legal Services, UBC Main Library and Law Library,and UBCIC.
This workshop is tentatively set for mid-July. Now is a good time to remind
our members. If you borrowed any materials, remember to return them.
ABCRIGINAL SUPPORT GROUP - INTERNATIONAL: To the Constitution Express et al:
Four years ago,the Constitution Express took the long journey through Europe
and "shook the world" with the help of European people and media. Myself and
Karen Anderson were sent to Belgium with names of 2 peorie wno might be able
to help. By the time we left,we had the help and interest cf media,teechers,
students, and women’s groups. ‘Today,the Constitution Express is still going
strcng in Belgium and, it 1s important that we keep this relationship going
3ince we may need further help in the Constitution battle or other struggles
in the future.
..-/ Update
=={-received a letter from one of our best European contact persons,Marie Rose
Dufrasne of Brussels, who helped us considerably during our stay there: by
publicizing the Constitution Express with long-distance calls; room & board;
contacting media and politicians; and, setting up a meeting with one of the
largest, most powerful labour Unions in Belgium, who gave us financial help.
Marie is responsible for public relations in the Belgium Association in Sup-
port of North American Indians (B.A.N.A.I). She came to BC in the summer of
1981, and visited Mt. Currie, the UNN General Assembly in Port Alberni; and
Bella Coola. While in Bella Coola,the idea of a student exchange was formed.
In Sept. /82, five students from Bella Coola and five from Mt. Currie went to
Belgium staying in places such as Willebroek,Antwerpen,Brugge, and Gent with
students’ families visiting their schools. Our students held 2 information
sessions in Willebroek and Brussels showing slides of their Tribal areas and
way of life with dancing and singing. People in Belgium were very enthusia-
stic about our children’s visit there and this year, B.A.N.A.I is sponsoring
8 students to visit B.C. Their group,called FANTASTIK, have worked hard all
year raising money for their trip to Canada. Some went on National 'Flemmish
Television where the TV reporter got so excited, he is trying to raise funds
to make a picture (30 min.) on the student exchange. If this succeeds,it may
be sold to other European TV(Youth Programs). Everyone is excited about this
trip and are meeting constantly before coming over.
Lorna Bob and her sister Kat are willing to help me organize this end. The
students will arrive at Vancouver ’s International Airport from Amsterdam on
July 2nd at 1:40 pm and return home, July 29th at 6:00 pm. Mt. Currie has
offered to pick them up. They will definitely spend some time in Mt. Currie
and Bella Coola. I would like to request through this UPDATE for any Indian
community in British Columbia planning special gatherings, meetings, or pow-
wows between July 2 - 29th, could the Belgium students receive an invitation
from you? This will have to include help with billeting and meals as they
will not have the kind of money needed to stay in hotels. I am depending on
the generosity of Indian people in Vancouver, or, on-reserve to offer their
hospitality to these students. Please contact me soon at the UBCIC’s office
at 684-0231 if you can help in any way. lLet’s prepare for the people of the
European Express!
In The Fight for Our Rights ane Freedoms,
Sylvia Woods, ICE.
LIBERAL LEADERSHIP ELECTION: Top of the news across Canada is the campaign
for leadership of the Liberal Party. Whoever wins this leadership election
will be running against the Conservative and New Democratic Parties in the
next federal election. The Liberal leader being chosen may became the next
Prime Minister of Canada. However,as Indian people, we occupy a unique place
in Canada and we intend to retain our rightful place through the institution
of Indian Government. But, with such a history of deceit by all parties and
the Federal Government ’s continued policy for extinguishment of Aboriginal
Rights, Indian people find it difficult to believe the philosophies of these
political parties or to trust promises they make on Indian rights. It may be
time for us to consider showing our influence through the Indian vote. For
example, Indian people in Manitoba exercised theirs when Sterling Lyon lost
to Pawley in the ‘81 Provincial election. This was after the 10 Premiers and
Prime Minister dropped all reference to aboriginal rights from the Constitu-
tion. Did any candidates hold public forums on the reserves? The candidates
have to take the Indian communities seriously. If they did not take time to
hold meetings on the reserves, they have truly lost an opportunity to meet,
first hand, the First Nations at home, with whom they must keep a bargain.
Interesting note: the Guyami Indians in Panama have just participated in the
federal election there. For years, Guyami have been pressing the Panamanian
Government to grant them the rights for limited self-rule on their ancestral
lands -an arrangement referred to as "Comarca"- under which the Guyami would
assume responsibility for many aspects of civil administration within their
region. Progress is being made but agreement has yet to be reached. Elected
several weeks ago by the narrowest cf margins amid bitter charges of fraud,
President-elect, Nicholas Ardito Barletta, probably owes his tiny margin of
victory to the Indian pecples who supported his military-backed candidacy in
great numbers. Guyami pecple believe that, by casting their ballots for the
official candidate, they have kept their part of the bargain and genuinely
expect the Government will comply with its proud-procession of pre-election
promises. (Globe & Mail: May 50, 1384)
.--8 Update
Further to the note on the Guyami participation in the Panamanian election,
one of the Executive members of the World Council of Indigenous People is a
Guyami Indian named Bernardo Jaen.
TELEX FROM AFN NATIONAL CHIEF: DR. DAVID AHENAKEW
Re: Fifth Annual Assembly
Our Land: 1534 - 1984
The Annual Assembly has been changed from Quebec City to Montreal due to
logistical problems. Therefore, the Assembly will be held in Montreal from
July 17th - 19th at the Sheraton Hotel, 1201 Dorchester, Ph: (514)878-2000.
AFN has blocked 300 Rooms from Monday July 16. I recommend you book acccmo-
dation early as hotel will hold rooms only until June 22nd. Please book with
AFN Conference to obtain special rate. Details to follow by mail.
Re: Our Land: 1534 - 1984
Invitation remains open to attend celebrations in Quebec City June 26-July 1
which Chiefs agreed to support by Resolu. #10 at Winnipeg Annual Assembly.
Contact Chief Max Gros-Louis,Huron Nation,Quebec for details (418) 843-2455.
TOBACCO PLAINS INDIAN BAND IMMIGRATION HEARING RE: MARGARET FRIEDLANDER
On May 31st, over 100 members of the Kootenay Nation appeared at Immigration
offices in Cranbrook to support Margaret Friedlander, who has been charged
with illegally working in Canada without a Canadian permit. She is a member
of the Kootenay Nation, and has been hired by the Tobacco Plains Indian Band
because of her fluency in the Kootenay language and knowledge of Kootenay
culture. The Kootenay Nation believes that immigration laws do not apply to
them because they have never been immigrants in their own territory. Elders
say that when the border was put in place, the governments told the Kootenay
people that the border was for the white people and not Indians. For years,
the Kootenays have moved back and forth across the border without reference
to Immigration.
The Kootenay people appeared at the Inmigration hearing to make application
for the hearing to be moved to their Band hall. They were prepared to care-
fully place before the adjudicator, their history of the Kootenay Nation and
prove, through evidence of Chiefs and Elders, that Immigration had no juris-
diction over Margaret. The Immigration office was so small that less than 10
people could comfortably be present. The application to move the hearing was
denied by the adjudicator. For over 2 hours, members of the Kootenay Nation
debated with the adjudicator about the situation arguing that it is immigra-
tion officers and not the Kootenays who are the immigrants. Finally, because
all the Indian people left the hearing,including Margaret, it was impossible
for the hearing to continue. Although Regional Immigration officers have ad-
vised that Immigration has the power to arrest Margaret Friedlander now, the
Minister of Immigration has directed that no arrest take place and the hear-
ing should not be reconvened until Minister of Indian Affairs, Munro, has an
opportunity to decide whether or not he will recognize Margaret's status and
thereby hold back immigration in their efforts to deport her.
NANATMO INDIAN BAND: HUNTING CHARGES
In January, Judge Heard sentenced 3 members of Nanaimo Indian Band, Anthony,
Mervin and Rodney Seward to lengthy jail time for killing one elk. Mervin
was sentenced to four months; his brothers each to 45 days. Their father,
Robert Seward pieaded guilty with them; however,he was not sentenced because
he was sick. As soon as the UBCIC lawyers heard the boys were in jail, they
lodged appeals and had them released from jail pending the argument. They
were successful ,this month, having their sentences reduced to less than the
period of time they had already served. They were also successfui in having
Robert Seward s guilty plea struck from the record and a new trial ordered.
UBCIC Update is a service of the Union of BC Indian Chiefs for member Bands.
If you wisn any information to be included, please send it te Millie Foplar
c/o Union cf BC indian Chiefs
=40 West Hastings St.
Vancesver, B.C. V6B 1LLI1
It may De necessary to edit information you send to keep the Update as brisf
as possikie. Hcwever, we will make sure that the intent of your message and
ail vita. information is Kept intact.
Part of U.B.C.I.C. Up-Date - Issue no. 4 (June 1984)