U.B.C.I.C. Up-Date - Issue no. 5 (July 1984) · UBCIC Periodicals

U.B.C.I.C. Up-Date - Issue no. 5 (July 1984)

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U.B.C.I.C. Up-Date - Issue no. 5 (July 1984)

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UNION OF B.C. INDIAN CHIEFS
440 West Hastings
Vancouver, B.C. V6B l1L1

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

JULY 1984

BANDS & TRIBAL COUNCILS

UNION OF B.C. INDIAN CHIEFS

ISSUE No. 5

MESSAGE F'ROM 'THE PRESIDENT - Chief Saul Terry

4
Indian Citizenship under Indian Government Jurisdiction-It is the position of

the Union of BC Indian Chiefs that member Bands of this organization have the
capacity and ability to determine their membership. The legislation proposed
by the Federal Govt and currently before Parliament undermines this capacity
and the authority or jurisdiction of Bands to be able to determine who shall
be their members. It must be clearly understood that the UBCIC is not opposed
to ending discrimination simply that were concerned with who has the author-
ity to determine membership. Indian Nations do not propose to discriminate
against women under jurisdiction of Indian law. In any event, our laws could
and should be judged internationally in the same manner as Canada’s laws were
examined by the United Nations in the case of Sandra Lovelace.

The legislation, being proposed, is simply substituting one imposed law upon
Indian people for another.A more responsible approach would have been for the
Federal Gov't to allow itself to work in conjunction with Indian Governments
to remedy the situation with respect to discrimination clauses in the Indian
Act. Some Bands have already taken steps to recognize their members who lost
Indian status. The current legislation also leaves too much room for contin-
ued confrontation between Indian leaders and the Federal Govt and perhaps,
misunderstanding by or with Indian women impacted by Section 12 (1) (b).

We should understand as well -the Federal Govt continually imposed laws upon
Indian people, in many cases, to our detriment and confirmed by statistics:
Indian people’s life expectancy is 10 yrs. less than the Canadian average; an
infant mortality rate 60% higher than the national average; a rate of violent
death 5 times the national average -the list goes on. For such statistics to
be turned around,Indian people are requesting the confidence and recognition
of self-determination by and for Indian people.

The proposed legislation continues the historical policy of imposed legisla-
tion without obtaining Indian Peoples” consent. Therefore, the Union of BC
Indian Chiefs goes on record - stating emphatically: Indian consent has never
been obtained. Furthermore Indian people in BC are in a pre-treaty situation,
therefore, the Federal Gov't must come to the Indian people to discuss how it
is the Federal Govt and Indian people are to relate to one another in all
aspects of Indian peoples” lives. This type of consultation approach should
be acted upon by the Federal Govt rather than devising the devious process

of Indian Self-government proposals in conjunction with extinguishment or
termination policies.

CONTROL OF POLITICAL POWER -In June/82 at the All Chiefs Special Assembly for
BC, a report was made on the history of constitutional development in Canada.
Indian Nations” position was based on "consent". According to historical fact
and International laws, aboriginal rights had to be defined with the consent
of Indian people and could only be changed with Indian consent.

Politically,Indian Nations have defended their right to self-determination.We
battled on every front with great sacrifice, for 2 yrs prior to patriation of
the Constitution and were refused recognition of our right of "Consent". ‘The
Gov “t insisted their bottom line would be that Indian Nations may be a minor-
ity within Canada with special rights to be defined in the Candian Constitu-
tion. AS a minority within Confederation therefore our rights will be defined
without our consent. Yet, there is a history to the doctrine of consent.

The lives of Indian people in old times was based on natural law. This nat-
ural law conflicts with Federal laws and, the new Canada Act is a threat to
the Indian Nations. It must be remembered that this is the Parliament which
has always attempted to negotiate with Indian Nations only on the basis of

---2 Updated

settling lands within Canada-always to our disadvantage. They have negotiated
without fully understanding or recognizing how political powers work. Can the
Canadian Govt expect a Nation of people,who mutually recognized geographical
boundaries, to be able to give consent to these newcomers for neighbouring
tribes when each is autonomous? Indian Nations are now involved in the First
Ministers” Conferences and will until 1987. The only reason this is happening
1s because every Indian Tribe is autonomous with its own land base,membership
and laws, which are the basis of the political powers of Indian people.

This was the basis of the political powers of Indian people from 1760 - 1763.
Throughout the Seven-Years War,Indian Nations met with representatives of the
Crown and stated their bottom line for Indian support of the British was res-
pect and protection for the land. In 1763,Indian Nations met with represent-
atives of the British Crown at meetings scheduled within the traditional ter-
ritory of the Indian Nations to discuss fundamental protections which had to
be contained in the Royal Proclamation.

Having gained these fundamental protections in 1763, Indian Nations are, once
again,in the midst of another Seven-Years War. Patriation of Canada’s Consti-
tution began this political war in 1980 and is programmed by the Federal Gov-
erment to end in 1987 with a final First Ministers” Conference. Our Nations
still have the same basis of political powers as they did during the first
Seven-Years War. The problem Indian people have today is that "program and
service issues" are getting in the way making it hard for Indian leaders to.
maintain the bottom line held by our people in 1763. Keeping Indian Control
is far from easy, as demonstrated in Land Claims negotiations between Yukon
Indian Governments and the Federal Government. But Indian Control must be
maintained as a high priority for meaningful self-determination goals...

INDIAN RESISTANCE TO FOREIGN CONTROL - At the same Special Assembly, another
report was given on the Indian resistance to foreign government control. As
just one example, the anti-potlatch laws were cited. Because Indian Nations
continued to potlatch in their communities, the federal government officially
repealed its potlatch laws in 1951. Presently, we are faced with a situation
Where the federal government has refused to honour and enforce the Constitu-
tional arrangement concluded by the Royal Proclamation because it feels it
cannot live with the Constitutional principle that Indian Nations have rights
to self-determination. ‘

Indian people just might choose for themselves and their land, a future which
conflicts with economic development in this country as a whole. They prefer
to see a Canada where Indian Nations are not a nation within a nation, having
rights to self-determination, but merely recognized as a minority. With that
position, the Government of Canada may, through its law-making powers, pass
legislation legalizing the taking of Indian lands and resources.

This is the conflict with Indian fishing rights-They make the laws but Indian
people continue to fish just as they continued to potlatch. For example, the
people of Lillooet have a statement on their fishing rights. While the Fish-
eries and Oceans Department is. trying to implement their regulations within
the homelands of Indian people, the Lillooet Tribe states that they will deal
with the fisheries in the following order of priorities:

-Aboriginal Title and Rights;

-Conservation & Management of the fisheries;

-Food Fishing to meet the needs of our people for health & growth;

~Barter for our economy using our fish;

-The Sale of Fish as determined by the people and to what extent.

This is political control and should be dealt with by Fisheries on that basis
instead of them trying to erode Indian fishing rights in the courts or on the
river banks. We recommend that the submission Kwakiutl District Council made
to the Pearse Commission be read and studied. This submission is valuable be-
cause it provides a history of the people, the villages, and territories. It
includes some legends and diagrams of the fish species within their territory
and compares the impact of food fishing to the resources compared to outside
developments which have interfered with the natural laws of that area.

It should also be noted that interest groups are very knowledgeable on what’s
happening in Indian politics, and make it their business to do some figuring.
For example, Bob Wright of the Sports Fishing Advisory Board,in his speech to
the Conference for B.C Salmon Anglers, suggested that it might be a good idea
to form a coalition between the 400,000 salmon sports fishermen, and, 210,000
native Indians for a variety of reasons he listed:

eee3 Updated

The Federal Govt. has policies and mechanisms in place to move Indian people
to self-government on their reserves; the Minister of Fisheries and Oceans is
making an effort to provide economic opportunities to coastal Indian communi-
ties; Bands are establishing fishing by-laws; every salmon-bearing stream in
BC has an Indian reserve at the mouth or on the river; under the Indian Act,
Section 81, every Band can create by-laws and set aside the Fisheries Act on
their reserves; in 4 years, Bands will start commercial harvesting of salmon
with weirs and other methods on their reserves. Wright latched onto this idea
because he is fed up with Fisheries” attitude, and suggests - perhaps Indian
Governments will run things better. The private sector is becoming aware of
the political power of Indian reserves. For this reason,it’s imperative that
comprehensive conservation and management structures be put in place by Bands
and/or Tribes to properly address the fish resource.

INDIAN CONTROL OF INDIAN DESTINY: - Drastic effects due to erosion of Indian
Govt control over our Nations’ membership,resources, laws and all aspects of
Indian lives can’t ever be exaggerated, nor the true tragedy ever really felt
by recounting disastrous statistics within our communities. Under the Indian
Act, we lost many of our women and their children. WE must now deal with this
issue. Through Provincial child welfare agencies, were still losing hundreds
of our children annually, Last month, our Update outlined the tragic case of
Cameron Antoine, a young Sioux from Brandon, Man. found guilty of the second-
degree murder of his adopted father, and now faces 15 yrs to life in prison.
However, the fact remains--there’s still a disproportionate number of Indian
Children apprehended by BC Human Resources. Perhaps their stories are not as
dramatically reported as young Cameron’s but their futures are just as hope-
less if Indian Gov’ts. do not gain total control of their children’s welfare.
70% of runaway children located in the core of downtown Vancouver are Indian
children of whom a majority are wards of the Provincial Govt and have been
in one foster home after another. Statistics already prove,the vast majority
of these children will end up in prison...if they survive. Canada’s prisons
are already filled with Indian people. A prominent Indian inmate spokeperson
once referred to prisons as, "a quiet place to carry out the genocide of our
people." Over the years,several major conferences have dealt with Indians in
conflict with the law. Nothing was ever done to improve the situation. Once
again, last month, someone took notice of this "quiet genocide".

In a news release, May 23, New Democrat Justice critic Lynn McDonald accused
Canada “s criminal justice system of victimizing native peoples. "Severe over-
representation of natives in Canadian jails is a serious indictment of the
criminal justice system and steps must be taken to immediately remedy the
situation" she said. McDonald urged the government to take action against the
disproportionate incarceration of native Canadians in a motion introduced in
the House of Commons, May 23/84. She expects to present her Private Member’s
Bill for First Reading before Parliament ’s summer recess. Following is a text
of McDonald‘’s motion: "that in the opinion of this House the rate of incarc-
eration of native persons at 6 times the national average, is to be condemned
aS a serious indictment of the criminal justice system; and that the House
urges the Govt. to collaborate with other Gov’ts in Canada, native and other
voluntary organizations in order to take constructive steps to reduce the
rate of incarceration of native persons; and such steps include: (a)change of
police training and practice to reduce frequency of charges (b)development of
informal community-based responses to non-violent offences (c)commencement of
work on revival of customary law and practice in criminal justice matters."

INDIAN SELF-GOVERNMENT RESPONSE SHOULD BE CONSIDERED —Considering the drastic
unemployment rate, lack of education opportunities, suicides and high rate of
violent death among our youth, Indian Gov “ts may wish to make submissions to
the Special Senate Committee on Youth which will be holding hearings to exam-
ine, consider and make recommendations on problems and issues facing Canadian
youth between 15 - 24 years of age. An announcement of the hearings recently
appeared in several local newspapers stating the following: Individuals and
organizations are invited to submit written briefs on any or all of the
following subject areas: 1. Employment and changes in the labour market

2. Education, training and career aspirations

3. Family and social issues

4. Crisis in values
All briefs must be received by August 27, 1984. The Committee will also hear
witnesses as its schedule permits. Requests to appear before the Committee
must be received by July 26, 1984. All briefs, correspondence and inquiries
should be addressed to: Senator Jacques Hebert, Chairman

Special Senate Committee on Youth

The Senate of Canada

Ottawa, Ontario K1A QA4

---4 Updated
Clerk of the Committee - (613) 995-3311

RECESSION & HIGH UNEMPLOYMENT TAKE PRIORITY OVER ENVIRONMENTAL DAMAGE - Acid
rain, an environmental time-bomb and long-standing concern of the East Coast,
is now the focus of concern in BC. The BC Government is finally recognizing,
there “s a serious threat to the future of sensitive lakes on the Lower Main-
land and South Vancouver Island area. In an interview with "The Sun" June 16,
Richard Wilson, provincial government climatologist,said "We got the shock of
our lives" on tests carried out last year. Acid rain was thought to be con-
fined to the Lower Mainland but tests uncovered a problem in Southwestern BC
that is wider than the gov't. had thought. Quoting findings of a year-long
study,Wilson said an average 25 kilograms per hectare of sulphur falls on the
Lower Mainland-3 times the level acceptable" if sensitive lakes are to escape
acid damage. Although Wilson said lakes are still healthy "it wouldnt take
much of an increase in acidity to cause problems, and that can happen very
quickly." As acidity increases,aquatic plants that provide food antl cover to
fish begin to die..at a pH of 4.5 you can forget about maintaining biological
life in the lakes. While the BC Gov't claims alarm at the situation,Environ-
ment Minister, Tony Brummet, has only promised, the province will step up its
“monitoring of air and water quality" which does nothing to alter the occur-
rence. Indeed if one looks at the spread of destruction by acid rain in the
East, BC can expect more "words than action" in cleaning up the environment.

Ronald Irwin, Liberal MP from Sault St. Marie and head of the Parliamentary
Committee on Acid Rain, stated in a press conference June 7, "Canada’s acid
rain program has involved more words than action." When Canada and the U.S.
Signed an agreement in 1980 to negotiate a clean air pact, there were 50 mil-
lion tons/year of acidic air pollution from both countries. Since then, he
said, there has been ‘almost 4 years of rhetoric” but, almost no reduction in
pollution. Acid rain damage doesnt stop with lakes alone. In Ontario, acid
rain is now under study as being one cause of the major loss of maple trees.
Darek Blackburn, NDP-MP from South Ontario also a member of the Parliamentary
Committee, said, "You tally up damage to our forestry sector, to our fish, to
our wildlife,to our health,to our buildings, there’s no excuse to continue to
do nothing in Canada.Our whole future depends on conserving the environment."
Yet Prime Minister Trudeau, when questioned in the House of Commons regarding
the whole issue, told the Members that, recession and high unemployment has
dampened enthusiasm for controlling pollution. ("The Sun" & "Globe & Mail")

HOLD ONTO YOUR_WATER FOLKS! - Once sensitive lakes are destroyed by acid rain
and other pollutants, remaining water resources will still be under threat.In
early June, the "Province" newspaper reported, "Parched Yankees are casting
covetous eyes on Canadian water. Faced with alarming reductions in the vast
underground system that waters the American Midwest, the U.S. Amy Corps of
engineers has plans to siphon the Great Lakes." And the US Army Corps isn‘t
the only group committed to draining away Northern water resources. In BC,
West Vancouver resident, Colin Beach, may soon become the first person to ex-
port Canadian drinking water by tanker. Ina "Sun" interview June 11, Beach
decided, he could make money exporting pure BC water in bulk. Recalling his
father’s comments that "some enterprising soul could make good money selling
that crystal clear water to thirsty people in some sun-baked country," Beach
decided to carry out his plan and recently got BC Govt approval in principle
to export water from Freil Lake waterfall, about 90 kilometres Northwest of
Vancouver. Beach, who still needs the Gov’t’s final approval and additional
financing to proceed obviously has an idea that will spread fast. His philo-
sophy, shared by many, is basically one he summarizes as: "Water is obviously
excessive to British Columbians” needs right now. It probably will be for
decades.I just want to make some money from it. If Cominco is allowed to make
money on BC’s copper, why shouldn“t I be able to make money on its water?"

He may be the first private businessman to dream of making money off water in
BC but others are moving ahead rapidly elsewhere. June 14, Thomas Kierans of
the Grand Canal Co. told a Conference on water his company has been set up to
promote a $100 billion plan to divert the flow of rivers away from James Bay
down to the Great Lakes and on to water-scarce areas of Canada and the U.S.
Kierans said his project would be completed in 8 years. ("The Sun", June 15)

CN "DOUBLE-TRACKING" POSES SERIOUS THREAT TO AREAS AFFECTED —Despite promises
from CN and Dept.of Fisheries & Oceans officials that CN "double-track" rail-
way construction wont permanently destroy salmon resources on the Fraser and
Thompson Rivers, Indian Governments along the double-track route are seriously
concerned. CNR plans to double-track the line from Valemount on Upper North

eee) Updated

Thompson-Vancouver. Phase one of the final public meetings were held by the
Federal Environmental Assessment Panel, June 19 & 20, in Coquitlam to review
environmental and related socio-economic implications of the double-tracking.

Sto:lo Nation, Nl “kpmx Nation & the North Thompson (Shuswap) Band have joined
forces to urge CN to consider alternatives to "double-tracking". They say CN

hasnt fully considered the implications of building the second railway track
alongside existing track. Their main concerns are its effects on the salmon
resource and quality of life on the reserves affected. "Many crossings on the
reserves are not safe, and there’s a _ high spillage of toxic materials," says
Sheila Joseph, co-ordinator of Sto:lo Nation’s Twin-Track Impact Study. The
Impact Study shows 40 mainline derailments occurred between Hope and Ashcroft
from 1975-79. The limited land base of many Bands along the railway corridor
makes any enlargement of the track "unacceptable",according to their study.

At the two-day Environmental Assessment meetings, spokesmen for CNR and Dept.
of Fisheries told the review panel, railway construction will destroy certain
salmon-spawning grounds and create obstructions for spawning fish.4 They told
the panel, however, habitat-replacement schemes would “virtually ensure there
would be no long-term damage to stocks." Fishery biologist consultant to CNR,
Brent Lister, told the hearings he identified 260 possible encroachment sites
on the Fraser & North Thompson Rivers. Construction at the sites would impede
Spawning salmon by increasing velocity of water flow eliminating vital hold-
ing pools where weakened fish rest before battling further upriver, he said.
Lister further stated site preparation would destroy wetlands and marsh areas
where juvenile chinook, coho, pink and sockeye salmon develop before heading
to sea. John Payne, head of the Fisheries Department land-use unit, told the
panel,"Short-term losses are unavoidable. It will take a year or 2 to restore
initial productivity. Bottom line for Departmental evaluation of the project
is: there be no net loss of present or historical fish habitat." He further
stated that CNR would only be allowed to destroy salmon habitat where there
was no alternative construction site or design modification possible. Payne
Said CNR would have to pay compensation where it was unable to meet Fisheries
Department requirements. The threat to Indian fishing sites by widening the
railway right-of-way along narrow canyon rivers besides added loss of reserve
land to the double-track route, is of major concern to all affected. Still,
another concern exists: there could be a repetition of events of 1914 when a
cliff at Hells Gate collapsed after a tunnel had been blasted through it.
100,000 cubic yards of rock fell into the Fraser, with a devastating effect
on upriver salmon stocks. These runs never recovered their former numbers.

The second stage of final public meetings will take place the end of Septem-
ber and will consist of a series of Community sessions tentatively planned
for Clearwater, Kamloops, Lytton, and Chilliwack. Other communities may be
added to the list if sufficient interest is indicated. We suggest interest,
Support and action are required. Additional information on the Panel Review
and public meetings can be obtained by telephoning or writing:

Mr. Paul Scott, Executive Secretary,

CN Rail Twin Tracking

Environmental Assessment Panel

700 - 789 West Pender Street,

Vancouver, B.C. V6C 1H2 Telephone: 666-2431

INTERNATIONAL NEWS! INDIAN LAW CENTRE GAINS FUNDS FOR INTERNATIONAL RESEARCH
The Native Law Centre at University of Saskatchewan is undertaking a two-year
research program on International law and rights of Indigenous peoples. The
program, funded by a $100,000 grant from the Donner Foundation, will focus on
the status of native self-determination & use of International documents and
institutions by Aborignal peoples to assert their rights. The research is
particularly important "in light of constitutional developments involving
Canada“s Aboriginal people and proposals for self-government,"said Donald
Purich, Director of the Centre. (Globe & Mail, June 14)

IMMIGRANTS CAUSE IMMIGRATION PROBLEMS :

KOOTENAY INDIAN NATION WINS FIRST ROUND OF IMMIGRATION BATTLE-Kootenay Indian
Margaret Friedlander had deportation hearings against her dropped due to a
technicality in the Immigration Act. Friedlander, Band Manager for Tobacco
Plains Indian Band, comes from the Southern side of the Canada/U.S border and
was charged with illegally working in Canada without a permit.

A deportation hearing was scheduled in Vancouver mid-June, after the Kootenay
people walked out of the Cranbrook hearing earlier this month. A dispute with
Immigration arose over hearing Tribal Elders” evidence on traditional rights
to cross the border. Kootenay Indian Area Council Co- ordinator, Chief Sophie

---6 Updated

Pierre, told Immigration, "We were hopeful that after more than a century of
chicanery,the Federal Government had finally committed itself to some form of
justice in the pursual of Indian Self-Gov’t. Failure to recognize self-gov-
ernment does not mean that it does not exist. Hear me clearly, when I say on
behalf of my people, that the imaginary boundary your govt. has run across
the 49th parallel has, from its conception, been applicable to the newcomers
as a way of governing themselves. We,the Kootenay Indians,have our own way of
governing." Proceedings against Friedlander were dropped when it became ap-
parent she had crossed & recrossed the International border during the period
when authorities contended she was working continuously as Band Manager. Law-
yer for the Kootenay people, Louise Manell,said Immigration lost jurisdiction
in the case because Friedlander recrossed the border. A new charge could he
brought against her but is unlikely pending a petition by Tribal leaders to
Indian Affairs Minister Munro,to have her Indian status recognized. (The Sun)

NUXALK NATION GUARDS ITS CITIZENSHIP RIGHTS-Sami activist,Nils Somby, adopted
last year in a traditional potlatch ceremony by the Nuxalk people, has been
located by Canadian Immigration officials in the Bella Coola area. Somby , who
fled his homeland in Norway in 1982,pending a trial against him for a bombing
protest, first sought sanctuary with the World Council of Indigenous Peoples,
whose headquarters are in Canada. WCIP, who has worked extensively with the
Sami people and was aware of Somby’s activism in his homeland,referred him to
the Nuxalk Nation. Somby, later joined by his wife and 2 daughters, has been
asked to report to an Immigration office either in Kamloops or Prince George
for a deportation hearing. Somby stated on behalf of his whole family, "We
believe in Indian sovereignty. I can’t see any point going outside the Nuxalk
Nation. They adopted me, my wife and family as well,and they gave us a house.
I would be undermining Tribal authority if I asked for a Canadian passport.
If I need one, I°1l ask for a Nuxalk passport."

The Nuxalk declared sovereign status in 1975 and proclaimed independence ata
ceremonial potlatch in December,1981. Hereditary Chief Laurence Pootlass has
requested a meeting with Immigration Minister, John Roberts, to assert Nuxalk
sovereign status regarding its citizenship. The Nuxalk maintain their Nation
has the right to confer its own citizenship,a concept endorsed in Edmonton at
the May Conference of the Assembly of First Nations. "The question is whether
he(Somby),as one of our adopted people,can be deported," says Chief Ed Moody.

COAST SALISH CHIEF “S DEPORTATION HEARING POSTPONED TEMPORARILY-—Chief Satiacum
of Puyallup Tribe in Washington State, had his deportation hearing postponed
indefinitely after all media and witnesses were denied access to his hearings
at Oakalla in May. Satiacum, who has the right under the Immigration Act to
request media and observers be present during his claim for political refugee
status,was forced to proceed with his statement despite denial of his rights.

Chief Satiacum has repeatedly stated he was criminalized by the US Government
on a variety of charges due to his 35 years of leadership, and, victories in
areas of aboriginal fishing rights, land claims and independent Indian econo-
mic development. Satiacum, detained without bail in a Canadian prison since
Nov. ,1983, faces up to 300 years in prison if returned to the United States.

Due to the political nature of his refugee claim, Satiacum had requested the
presence of media and Indian observers. When this right was denied, he asked
his lawyer, Louise Mandell, to have the hearing adjourned until such time as
this could be guaranteed. Since then,the Indian Homemakers Association of BC,
United Native Nations and Union of BC Indian Chiefs have telexed the Minister
of Immigration, John Roberts,protesting the denial of his right. In addition,
the Assembly of First Nations passed a unanimous resolution at its May Confe-
rence in Edmonton to monitor these proceedings against Satiacum and lobby the
Minister to have his hearing moved to a more appropriate site than Oakalla.

ARE CANADA“S DOORS TO REFUGE LOCKED FOR INDIAN PEOPLE FLEEING PERSECUTION?-In
addition to AFN’s request for an open hearing site for Chief Satiacum, their
final point concerns the broader issue of Indian refugees fleeing persecution
from their homelands. AFN’s resolution states: "That this Assembly lobby the
Canadian Immigration Minister to have named to the ‘Refugee Review Committee’
Indian leaders in recognition that there are Indian refugees fleeing persecu-
tion throughout the Western Hemisphere & there must be input from our Nations
- that the doors to this country called Canada are not closed to our Brothers
and Sisters who flee persecution."

As UBCIC is well aware, the situation of Indian people in Guatemala has det-
erioriated these last few years to such a degree that over 1 million internal
refugees are fleeing massacre by the Guatemalan military. Those who are able,
have fled to Mexico but very few are able to remain there as Mexico does not

---/ Updated

provide safe haven for them. In early May, the "Washington Post" reported
another attack on Guatemalan refugees within Mexico’s largest refugee camp.
Six refugees were killed and one wounded.

Those able to cross into Mexico often try to continue their journey on foot
in search of refuge further to the north due to this lack of safety within
Mexico. From the Indigenous Peoples” Network Emergency Bulletin, we recently
received word that: "In Florida, a group of 400 K’anjobal Mayans have applied
for political asylum status. This group, about which there have been several
well-documented reports, are from an area of Guatemala, in the village of San
Miguel Acatan, Huehuetenango Dept., where several large massacres of Indian
villages took place. They fled on foot, through the jungles into Mexico,then
continued north and joined migrant worker contractors at the US border-ending
up in South Florida, picking cotton and fruit." The US Immigration Dept. now
wants to deport these Indian victims of military violence back to Guatemala
where they face certain death. Support for the 400 K’anjobal Mayans have been
requested to be sent to the US State Department to stop their depgrtation...
Here in Canada perhaps, is the time to look at how open our doors are to
Indian refugees who we know suffer persecution?

GOVERNMENTS _ DO CONSIDER INTERNATIONAL PROTESTS OF HUMAN RIGHTS VIOLATIONS -
Lest there be any doubt, the Guatemalan Government has taken great offence at
international reporting of its massacres of Indian people during the last few
years including the public outcry resulting from exposes. The "Indian Voice"
which,for years, has published the stories of atrocities in Guatemala and the
tragic problems facing refugees fleeing that country, received a 7-page docu-
ment, earlier this month, from the Ministry of External Affairs of Guatemala.

In a highly-angered tone, the Ministry told BC Indian Homemakers” Association
(former publisher of "The Indian Voice") they had no business meddling in the
internal affairs of its country. The newspaper , which reported workshops and
resolutions from UBCIC, AFN and other sources in support of Guatemalan Indian
people, and consistently requesting that responses be sent to the Guatemalan
Government, was denounced in the document for its "flagrant campaign of defa-
mation and calumny against the Guatemalan Government." With a thinly-veiled
threat, the author of the document warned, "We reiterate that no foreigner--
no matter what his or her position--should dare either to judge or much less
decide about the problems and the future of our country, Guatemala." The Min-
istry then requested a sign of good faith on the part of the organization to
have a copy of the Guatemalan document mimeographed and distributed to all
the people it allegedly "misinformed" about abuses in that country. However ,
TRUTH cannot be hidden! The only thing good about the document is the thought
that Indian Voice staff will NOT be visiting Guatemala in the near future.

A GREAT CHIEF PASSES ON -William Scow, last hereditary Chief of the Kwicksui-
taineuk Tribe of the Kwakiutl Nation and a great Elder Statesman amongst his
people, died June 1 after a lengthy illness. He was 81 years old. Chief Scow
was active all his life fighting for fundamental justice for Indian people.
He fought for basic rights such as health, housing, education and the old age
pension. He was a prominent member of the Allied Tribes of BC of the 1920’s,
which fought for recognition of Indian Land Claims. He led the Native Broth-
erhood for 9 years during its early years of hard political struggle.

The Native Brotherhood was formed at a time when Federal legislation denied
Indian people the right to gather in groups of more than 6 unless it was for
Christian religious reasons. This denied Indian people the right to organize
politically. It was Elders like Chief Scow who worked around the foreign laws
to keep Indian people strong and to retain their rights. For that reason the
Native Brotherhood originally opened its meetings with the deceptive anthem
of "Onward Christian Soldiers". Under the smokescreen of a religious banner,
the Brotherhood, with leaders like Chief Scow,were able to circumvent Federal
legislation enabling the West Coast people to establish a foundation of poli-
tical action which has benefitted our people up to the present.

Chief Scow was buried in Alert Bay June 8 and leaves behind his wife Alice,
_ 13 children, 36 grandchildren and 10 great-grandchildren. A great many people
mourn his passing but are honoured to have known him and to have been touched
by his strength and convictions.

IN HONOUR OF...On Father ’s Day weekend, June 16, 1984, the Shuswap Nation of
Neskainlith honoured their Son George Manuel in recognition of his outstand-
ing achievements towards Indian independence and unselfish devotion in prot-
ection of the aboriginal rights of all Indigenous people, at home, throughout
BC, across Canada, North and South America and around the World.

---8 Updated

The Neskainlith people welcomed him home after years of hard work and travel
away from his community. Many of George’s family, friends, co-workers and
political friends gathered on the reserve, this sunny afternoon,to thank him
for standing up for our rights as Indian people. Upon Opening the Gathering,
George thanked his wife, Marlene, for her devotion and support during his
recent illness then recognized members of his immediate family for standing
by him at this time in his life as he slowly recovers from ill-health.

Messages of goodwill and honour came from Prime Minister Trudeau; MLA Frank
Howard; National Chief David Ahenakew; Good Friend Walt Rudnicki of Ottawa;
and WCIP President Juan Carlos Morales and his Executive. It was a great day
for George and the Shuswap Tribe as they honoured one of their own with kind
words and gifts. Respected leaders and Elder spokesmen addressed the type of
work George did over the years with tireless effort, to build the foundation
for Indian Government gratefully expressing the profound effect he had on so
many lives throughout his lifetime. It was no co-incidence when representa-
tives from every area of his life-time work arrived to shake hands gence more.

The dreams everyone shared with George over the years came back as a reminder
of what could have been; but the outdoor setting at the foot of a hill anda
camp-fire burning in our midst, a sadness of days gone by was eminent. The
strong young leader who walked those hills visualizing freedom for his people
when all he ever wanted was to free his people from the shackles of poverty.
Now,as the people gathered to sing the "Constitution Song", we could feel the
determination George wants for all of us but with utter hopelessness in each
one of us to give him back his health. The wonderful Shuswap people provided
an opportunity for each of us to share their homecoming with George through
honours, songs,dancing,feasting, speeches and gift-giving far into the night.
The memory of this day will linger for a long time and far more important - a
committment that we1l not let the dream of independence for our people die.

Mt. Currie Case Confirms Hunting Right -This month Judge Walker ruled hunters
from Mt. Currie Reserve were not guilty of hunting a mountain goat. The Mt.
Currie Band raised in defence the fact that a hunting area had been confirmed
for their use & benefit in the 1930’s during the depression. The Govt recog-
nized Indian people could protect themselves against the depression through
hunting rather than welfare. After hearing evidence from the Elders,the Judge
ruled the accused were not guilty of hunting in that area.

Major Victory for Indian Treaties -In 1978, Joe Bartleman, member of Tsartlip
Band, was charged with illegally hunting deer contary to Provincial law. Joe
was hunting under the Saanich Treaty concluded between his Nation and Govern-
or Douglas in 1852. The Treaty protects the right to hunt and fish as former-
ly on unoccupied Crown lands. The Govt took the view that the Treaty rights
were limited to boundaries set out in the Treaty(some 52 sq. miles). The Band
took the view -their Treaty rights encompassed all the traditional territory.
In a unanimous decision from the BC Court of Appeal, the Court confirmed that
the Treaty rights included the right to hunt & fish throughout the tradition-
al area, even on privately held lands which were otherwise occupied and where
owners had not posted signs. This case is the first time the concept of trad-
itional territories has been accepted by the Court.

UBCIC RESOURCE CENTRE: Reg Percival has finalized the dates for workshops on
organizing and setting up a resource centre. Bands/Organizations interested
in participating must contact Reg soon as space is limited. Ph. 684-0231.
Workshops run from July 23 - 27 with the following agenda:
23rd- UBCIC office-new policy on circulation of resource materials & examine
interest in organizing provincial version of "Original Peoples” Library."
24th -Morning -at Legal Services Society -introduction into legal research &
orientation of Native programs to Bands.
-Afternoon -introduction to DIA staff and orientation of policy dealing
with what services are available and department resource people.
25th -All Day -at University of British Columbia .
Morning -orientation of all Libraries & an overview of Library procedures
then tour of UBC Museum of Anthropology ($1 admission fee)
26th -Morning -U.B.C. "Special Collections"- display & orientation of loan
policies; question-period; tour of Government Publications & Information
provided on research through use of computers.
Afternoon —Vancouver Courthouse Library orientation & tour. Vancouver
Public Library tour through business and history section.
27th -All Day-UBCIC office -how to set up a Band Resource Centre; emphasis
on classification, materials, budget, utilizing computer systems and
possibly a central hook-up system. Note: Workshops are free BUT -
Everyone is responsible for his/her accomdation & expenses in Vancouver.

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