Union of B.C. Indian Chiefs Up-Date - Issue no. 9 (November ,1984) · UBCIC Periodicals

Union of B.C. Indian Chiefs Up-Date - Issue no. 9 (November ,1984)

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Union of B.C. Indian Chiefs Up-Date - Issue no. 9 (November ,1984)

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1.06-01.07 UBCIC Up-Date

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UNION OF B.C. INDIAN CHIEFS UP-DATE

440 WEST HASTINGS STREET
VANCOUVER, B.C. V6B 1L1
TELEPHONE: (604) 684-0231

TELEX: 04-54220

TO; TRIBAL COUNCILS AND BANDS
FROM: UNION OF B.C. INDIAN CHIEFS

DATE: NOVEMBER, 1984

ISSUE NO. 9

MESSAGE FROM THE PRESIDENT - Chief Saul Terry: On October 10th, the new Minister
of Fisheries, John Fraser (Vancouver South riding), was in Vancouver to meet with
representatives of various Tribal Councils regarding First Nations' Fisheries.
Specifically the meeting was to introduce the development of the B.C. Aboriginal
Peoples' Fisheries Commission and to present a request for its financing by the
Federal Government, as represented by the Department of Fisheries and Oceans. All
in all, it appeared to be an amicable meeting, as meetings go when there is a new
government and one is seeking funds. |

My impression of the Minister was that he wanted to exude strength to the point of
preaching to the delegation of First Nations' representatives. Some of the key
points of his remarks to the delegates were that: he was aware there has been a
litany of complaints to his department in the past; as Minister he will deal with
relevant issues in a strong and consistent effort; he referred to his desire to
listen to his 'client constituency'; we should remember it is our tax dollars which
support his staff in addition to his exempt staff (political aides); he will do
everything he can to lift the spirits and morale of the Department of Fisheries and

Oceans pecking order; and finally, the financial situation of the government is
dismal.

While he appeared to he quite receptive to problems and ideas, the message of his
Opening remarks plagued me. Did his message indicate that he and his Department
will come down on Indian people with a "strong and consistent" effort? Was he
indicating the "litany of complaints" by Indian people was tiring and must cease,
based on the over-all interest of his "client constituency" and the "tax payers"?
Furthermore, are Indian people going to bear the brunt of the "morale-boosting" of
the Department officials and are those who have financial arrangments going to
witness further curtailments?

The substance of his message will sooner or later come to the fore and then we will
have to mutually, the First Nations and the Federal Government, face the reality of
the situation. The question is: Will we return to the atmosphere of confrontation,
harrassment and continued court cases in the on-going effort to stamp out First
Nations' culture and rights? All this occurring while there are constitutional
discussions taking place between the First Nations and Canada.

From the feedback on the meeting, I have the feeling that some people interpreted
my comments to the Minister as though "I were putting the fly in the soup", so to
speak. But as a political leader, this is a necessary approach. I have no objec-
tion to ongoing, constructive dialogue. We must be involved in this process.
Conservation of our fisheries resource, for example, is of primary concern to our
Nations.

However, two major points must be understood on my position. One is that if I
had been talking to a bureaucrat, then I would not have spoken at that level.
There are different levels--legal, bureaucratic and political. As a political
leader of the Union of B.C. Indian Chiefs representing Indian Governments, I do
not feel it is right to stoop to speak with low-level bureaucrats on such vital
Nationhood issues. It is demeaning to Indian Governments, whom I represent polit-
ically, to be dealing at this level which is so reminiscent of our colonial rela-
tionship with the Department of Indian Affairs. Our relationships must be dealt
with on a Nation to Nation basis.

On the other hand, we must be concerned with the issues facing our people as
political leaders. There is legal, official and bureaucratic harrassment of our
people over what is essentially and truly ours. Witness the major hunting case,
"Regina vs. Arthur Dick" going on in Ottawa on October 26th, regarding whether or
not the provincial hunting laws are applicable to our people. Witness the unceas-
ing harrassment over our fishing rights. Witness the encroachment of destruction--
not construction--of mega-projects on our lands. We must be concerned with these
issues. We have our Aboriginal Title, Rights and Governments. We must define now
our jurisdictions.

oe UP Land ta So

Amongst our political leaders and our people there are disagreements whether to
participate in this process of defining our rights and jurisdictions within a
foreign constitution--and I emphasize the word "process". Others want only to
exercise what is rightly ours and believe that by practicing and exercising our
rights through "action", thus we maintain them, for they have never been given
up. Over the next little while, we shall see which avenue is of greater benefit
to our people.

At the same time, I wish to inform you of the results of the resolution passed
October 3rd, by the Chiefs' Council, inviting the new Minister of Indian Affairs,
David Crombie, to attend a meeting October 17th, to finalize details in relation

to the closure of DIA's Regional and District offices within this province. As
stated in our resolution, we feel strongly that while DIA is announcing and pro-
moting the fact Indian people are handling seventy-five percent of existing pro-
grams, their offices continue to exist much to the detriment of our Indian Govern-
ments and citizens. DIA services promote dependency rather than self-reliance.

And even though the Federal Government has already recognized the need for elimin-
ating the Department they still remain the biggest obstacle in our struggle towards
enhancing Indian self-government and bettering the opportunities of our people.
Resistance to further closures of DIA offices continues and it is for this reason
we requested the meeting with the Minister. Unfortunately, he was unable to attend
to meet with us on that date. We will, however, continue in our efforts to convene
such a meeting with him at the earliest possible date.

In the meantime, the dates for our 16th Annual General Assembly of November 6th,
7th and 8th are rapidly approaching. The theme for this year's assembly will be
"Tithe, Consent and Indian Government". I am looking forward to seeing all of
you at this year's conference and having the opportunity of elaborating on our
work together in the achievement of our goals. There is much to be discussed,
decided upon and action to be carried out.

UNION OF B.C. INDIAN CHIEFS 16TH ANNUAL GENERAL ASSEMBLY
"Tithe, Consent and Indian Government"

Remtnder--the Union of B.C. Indian Chiefs Annual General Assembly will be taking
place on November 6th, 7th and 8th, 1984 at the Holiday Inn (Harbourside), 1133
West Hastings Street in Vancouver. '

A limited number of hotel rooms have been blocked for the conference, however, we
cannot be responsible for guaranteeing rooms for the delegates. We are able to
provide information on location and/or rates of alternate hotels. For further
details please call Mary Percival, Administrator at 684-0231.

In Conjunction with the
16th Annual General Assembly
of the
UNION OF BRITISH COLUMBIA INDIAN CHIEFS
We Cordially Invite the Chiefs and Delegates
To a FEAST in Honor of

GRAND CHIEF GEORGE MANUEL

On Wednesday, November 7, 1984 @ 6:30 p.m.
at the
Vancouver Indian Friendship Centre
1607 East Hastings Street

Vancouver, B.C.

$5.00
(Proceeds to go to the George Manuel Fund)

cow Wh iA atisa 7

BE PREPARED FOR FUN, GAMES AND A SENTIMENTAL JOURNEY!: This year a re-union of
past and present staff members of the Union of B.C. Indian Chiefs has been planned
for the first night of the Annual General Assembly on November 6th. The re-union
of the UBCIC Alumni will take place at the Vancouver Hotel, 900 West Georgia Street
in Vancouver, Cocktails will be served at 6:00 p.m. and dinner will begin at 7:30.
After that, it is entertainment, prizes and much merriment! We recommend every-
body get a good rest well in advance of that night, since we are all looking for-
ward to an energetically good time to be had by all.

Tickets for the evening's festivities are $20 and are available here at the UBCIC
office from Violet Birdstone. Tickets will also be sold at the door.

PROTESTS FLOW OVER PROVINCIAL GOVERNMENT'S ATTEMPTS TO GAIN HUNTING JURISDICTION
OVER INDIAN PEOPLE: The Conservative Government, through the Minister of Justice,
intervened on the side of the B.C. Provincial Government to state that Indian
people have "no right to hunt except under the jurisdiction of the Provincial
Government." In the Supreme Court case of "Regina vs. Arthur Dick" that is to

be heard in Ottawa on October 26th, the Federal Government introduced an "Inter-
vention Factum" on behalf of this province. In an urgent telex, requesting sup-
port from other Indian Nations, Chief Charlene Belleau of the Alkali Lake Band
explained, "this Supreme Court case has far reaching complications in establish-
ing the hereditary right of all Indian people to hunt based on our tradition, not
on the laws of the province. The Provincial Governments of Ontario and Nova Scotia
have also intervened on the side of the B.C. Provincial Government: as you can see
this court case will have a tremendous impact, not only on the Indians in British
Columbia but in all non-treaty areas."

UBCIC RESPONSE TO "INTERVENTION FACTUM" FAVOURING PROVINCIAL JURISDICTION: In
response to the request for support, Chief Saul Terry telexed the Prime Minister,
the Minister of Indian Affairs and the Minister of Justice the following statement:
"Be advised that the Union of B.C. Indian Chiefs urges the Federal Government of
Canada not to proceed to submit their "Intervention Factum" on the side of the
Provincial Government with respect to 'Regina vs. Arthur Dick'. This type of
action would certainly cast a tremendous shadow of doubt as to the credibility of

the Federal Government as it relates to the Constitution Discussions which are
still in process.

"Indian Nations have never consented to such an arrangement, let alone been con-
sulted with in regards to the applicability of hunting laws upon Indian Nations.
Until such time as political mutual agreements are reached, First Nations' citi-
zens should be able to hunt and fish without legal, political or enforcement
harrassment."

SHUSWAP NATION VIEWS ACTION AS "VIOLATION OF LEGAL AND TRUST RESPONSIBILITY": The
Chiefs, Councillors and People of the Shuswap Nation also responded rapidly, urging
the Government to drop its intervention in the hunting case. Chief Wayne Christian
on behalf of the Shuswap Nation, telexed the Prime Minister and other Ministers the
following message: "We view the actions of the Department of Justice as a direct
attack on the Federal Government's legal and trust responsibility to the Indian
Nations of Canada under Section 91.24 of the Canada Act. The Department of Justice
in their actions have blatantly ignored the historical and legal commitment that
the Federal Government has had to the Indian people since the Confederation of
Canada in 1867.

"Wie base our support for this very important hunting court case on our 'Declara-
tion of Secwepemc Sovereignty' which states as follows:

'We follow the paths of our elders and our forefathers in
standing firm for our sovereignty over our territory so that
the future generations of our children will also have what
has been handed down to us by our Creator. Today, through
this declaration we ensure that Sepwepemc Sovereignty over
our territory comes from the past, to the present and forever
on into the future.

‘We have governed, managed, controlled, developed, protected
and defended our territory since time immemorial. We have
never conceded our sovereignty by agreement or conquest to
any other Nation.

"We declare our sovereignty over our lands, water, air and
all their resources in the interior of what is now known as
British Columbia."

.--4 UPDATE 9

NUXALK NATION HEREDITARY CHIEF REQUESTS INTERNATIONAL SUPPORT: After Nuxalk
citizen Panquid (Nils Somby) and family were arrested in Lethbridge, Alberta,
Chief Lawrence Pootlass attended hearings in support of their citizenship with-
in his Nation. When Immigration officials refused his application to release
Panguid from detention, he issued the following telex to Hans Pavia Rosing, of
the Inuit Circular Polar Conference in Greenland:

"Nils Somby is a member of the Sami Action Group. This group led the protests of
Sami people against the Alta-Kautokeino Dam in Samiland, Norway. In March, 1982,
Nils took part in protest action involving the ignition of an industrial flare
within the Dam's guarded construction compound. Due to extreme weather condi-
tions the timing devise malfunctioned causing severe bodily harm to Nils. He
lost his left lower arm, left eye, and the hearing in his left ear. As a result
Nils was arrested and imprisoned by Norwegian authorities. The initial reaction
of Norway's Northern Colonial Officials was to prosecute Nils with the most sev-
ere charges possible and to treat him as a terrorist. Due to medical reasons
Nils was released pending legal procedures. .

Because of the attitude of the colonials and his treatment in prison, Nils decided
to seek political refuge among the Indian Nations of Canada. In November, 1982
after two months in Canada Nils was adopted by traditional law into the Societies
of Nuxalk, Chilcotin, Haisla and Mowachaht Indian Nations. In December, 1982 Nils
wife, Dagney and his two daughters Anja and Restin, joined him. Their adoption
procedures were immediately initiated. In January, 1984, the adoption of the
Somby Family by the Four Indian Nations was completed with the giving of Indian
names to Dagney, Anja and Restin. In October, 1984, the family was abducted by
the RCMP from the home of Nils' Sami Compatriot, Bjarne Store Jacobsen, in Fort
McLeod, Alberta, Canada, while Bjarne and his wife were absent. The Somby's were
on a three week vacation at the time.

The RCMP justified this kidnapping on the basis of warrants issued by Canadian
Immigration. Nils is being held in the Immigration detention centre in Lethbridge,
Alberta. His wife Dagney was released after four days of detention, and his child-
ren were held by the Alberta Child Welfare Department until her release. Even
though Nils has been judged as no threat to public security, the Adjudicator for
the Immigration Inquiry has arbitrarily decided he is to remain in detention despite
the assurance of the Nuxalk Traditional Chief Lawrence Pootlass that Nils would be
directed to cooperate with Canadian Immigration Authorities.

It is the position of the Nuxalk Nation's Traditional Chief that Nils Somby was
arrested and is being detained illegally. The Nuxalk Nation maintains it's right
to self-determination and to it's own laws on matters concerning citizenship. The
Indian Nations and the Government of Canada have been negotiating the terms and
conditions of Indian participation in the Confederation of Canada. Outstanding
issues now under negotiation include self-government and Indian Government juris-
diction over membership. It is the policies of the Nuxalk Government that the
adoption of Nils Somby covers all the rights of a member of the Nuxalk, Chilcotin,
Haisla and Mowachaht Indian Nations. The application of Canadian colonial laws in
this case demonstrates the lack of good faith on the part of the Government of
Canada in its negotiations with the Indian Nations.

The Somby family status in Canada is a political issue not a legal one. It is an
issue not amenable to legal solution. Legal action against Nils Somby endangers
and prejudices the negotiations. The Nuxalk Nation requests the political and
moral support of the Government of Greenland and ICC in the following ways:

dis To protest to the Government of Canada about its violations of aboriginal
rights to self-determination and self-government by its arrest and detention of
Nils Somby.

2. To request that the Government of Canada show its intent to negotiate in
good faith with the Indian Nations by releasing Nils Somby and staying all legal
action in favor of negotiations on the issues of self-government and Indian juris-
diction over citizenship and/or membership.

3. To request the Canadian Government to respect the International Bill of
Human Rights.

4, To consider the extention to Nils Somby of political refuge in Greenland
if the Government of Canada disregards the rights of Indian Nations, and to commun-
icate this possibility to the Canadian Government along with a request that deport-
ation not be undertaken until the Greenland Government has had an opportunity to
examine the matter thoroughly."

--2 UPDATE 9

INQUIRY ON FEDERAL WATER POLICY TO HOLD HEARINGS IN BRITISH COLUMBIA IN NOVEMBER:
The right of control of water--unpolluted and undiverted--is a vital issue facing
Indian Governments since all life depends upon the primary resources of soil,
water, air and sun. If these resources are respected, the well-being and pros-
perity of the people who must live from them is secure. Modern irrigated agri-
business, massive hydro-electric projects, diversions and pollutants such as
toxic wastes and acid rain, however, threaten Indian control over the water
resource. All life that springs from water is therefore also endangered. The
present demand for water, especially in the water-scarce mid-west and southern
section of the United States, accompanied by the philosophy that water is now a

commodity to be bought and sold, pose serious concerns for Indian Nations' control
over this fundamental resource.

Water, its control and usage, is now of such importance to all people, that the
Federal Government has appointed a Royal Commission to travel across Canada to
hear public views on the issue. "The Inquiry on Federal Water Policy", a three-
person commission headed by Peter Pearse, will be holding hearings in British
Columbia during the week of November 19th to 23rd, 1984. The hearings will be

in Vancouver on November 19th and 20th; Victoria on the 21st; Kelowna on the 22nd;
and in Prince George on the 23rd. (No location sites for the hearings in these
Cities have yet been provided). Deadline for submissions is November 9th, but
considering the mailing delay, should be sent in earlier. Ten minutes will be
allotted for the written brief to be presented and twenty minutes for follow-up
discussion. Currently there are approximately sixty different groups that will
be making submissions to the "Inquiry", but further submissions are expected.
Indian Governments interested in presenting a Submission should contact: Elizabeth
Dowdeswell, Executive Director, Inquiry on Federal Water Policy, 240 Bank Street,
6th Floor, Ottawa, Canada, K1A 1C7; Telephone: (613) 993-6551.

TAXATION BULLETIN FINALLY FINISHED: It took a little while longer than originally
expected, but the bulletin on taxation has now been completed and is being mailed
out to members of the Union of B.C. Indian Chiefs. The format of the poster has
been altered in the hopes of focusing on the information provided in it. The
whole issue of taxation has such serious and profound consequences for Indian
Nations and their citizens, we know that much more work and information will be
required in this area. Hopefully the bulletin will, however, provide useful
information and open up further discussion, both legally and politically, for the
future.

GUATEMALAN INDIAN REFUGEES SUFFER UNTREATED TUBERCULOSIS AND STARVATION: On October
24th, Dr. Stephen Gray of Vancouver, reported to our organization on his recent
visit to what is left of the Guatemalan refugee camps along the Mexican border area.
Dr. Gray, along with Nanaimo Dr. Mac Dube, were sponsored on a tour of the area by
the "B.C. Save the Children Fund" to investigate the possibility of setting up a
major project to control tuberculosis in a region they describe as containing "the
highest incidence of TB in the world."

Dr. Gray's accounts were horrifying to say the least and include: rampant cases of
untreated tuberculosis=--with newborn babies dying of the disease for lack of a vac-
Cination; such severe malnutrition that children not only losing their eyesight,

but having their eyeballs rotting in the sockets; such organized confusion and
corruption after the forced relocation of the refugees that almost all services
provided to the refugees have come to a halt; fear amongst those Church members and
local doctors who are servicing the refugees because of the tortures and imprisonment
of some of their colleagues by the army that they are in desperate need of inter-
national support in order to continue their work; thousands of refugees remain hiding
out in the jungles to escape both the Guatemalan and Mexican Armies...and the list

of atrocities goes on. Dr. Gray also reported on interviews with Mexican doctors who
have performed autopsies on victims of Guatemalan Army terrorism--including bodies
with heads chopped off and the brains ripped out and eaten in front of other Indian
refugees in order to psychologically terrorize them into submission.

In the case of setting up the tuberculosis treatment project, he reported that it
was up <n the air for the moment because of the confusion resulting from the forced
relocation of many of the refugees. But he will, along with other colleagues and
Support organizations from here, continue to try to open up aid in this area.
“Tuberculosis, which is not only treatable, but is fast becoming preventable, is
killing untold numbers of the refugees for the simple reason there is insufficient
resources to deal with it," he stated. Amongst the refugees, malnutrition is so
rampant, it is indescribable, he said. "Malnutrition is a key factor in tubercul-
Osis, so some of the refugees did not even bother to request medicine to treat their
disease. They just requested food or material to grow their own for basic survival.
The barest basics of medicine such as aspirin, tylenol, cough medicine, penecillan
and the like are just unavailable," he said.

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