Union of B.C. Indian Chiefs Up-Date - Issue no. 11 (January, 1985) · UBCIC Periodicals

Union of B.C. Indian Chiefs Up-Date - Issue no. 11 (January, 1985)

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Union of B.C. Indian Chiefs Up-Date - Issue no. 11 (January, 1985)

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1.06-01.07 UBCIC Up-Date

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UNION OF
B.C. INDIAN CHIEFS

UP-DATE

3rd Floor - 440 West Hastings
Vancouver, B.C. V6B 1L1

Telephone: (604) 684-0231
Telex: 04-54220

JANUARY, 1985

ISSUE NO. 11

president's message:

The position of the Union of B.C. Indian |
Chiefs remains unwavering: IF Canada is not
prepared to accept our existence as Indian
Nations, then it must remain for another day.
Rather than put our first agenda item, our
title, in abeyance, better to put the consti-
tutional process in abeyance until our start-
ing positions are recognized.

At the December 12th, 1984, meeting of the
Confederacy in Ottawa, on behalf of the Union
of B.C. Indian Chiefs I presented a paper
which outlines our position as it relates to
informed consent. In a follow up letter to
National Chief Dave Ahenakew I re-iterated
our unaltered stand on the 1985 First Minist-
ers' Conference.

The points in our paper briefly are:

@ Indian Title and sovereignty pre-date any
and all non-Indian laws and Crown title.

@ The principle of consent is fundamental to
any and all positions of each First Nation to
protection of the right of self-determination
and title in the land,
i)Based on the doctrine of consent as
embodied in the Royal Proclamation
of 1763 and further outlined in Sect-
ion 109 of the Constitution Act 1867,
that title shall remain with Indian
people until otherwise agreed to.

@ as embodied in the Royal Proclamation, 1763,

the Crown has burdened itself with trust obli-
gations to act in the best interests of each
Indian Nation to, in turn, protect its inter-
est to acquisition of title to Indian lands
through consent.

This trust obligated the Crown to promote the

maintenance of self-determination by First
Nations. However, it abused the trust
through repressive, demoralizing and assimi-
lating administrative management policies.

f.... clear Indian Nations have at least two
choices to recover from this abuse. These
are:

1) to assimilate into the Canadian melting
pot, or

*2) to demand recognition and respect by Can-
ada to a distinct Order-Of-Government in
Canada through an agreed to process of de=
colonization to finally discharge trust obli-
gations through consent of each Indian Nation.

Wi... is it no consideration has been given
to state the fact that we, as Indian Nations
according to international law, are in a
sovereign state situation, especially as it
relates to British Columbia. It is noted
certain members of the Confederacy were dis-
cussing "fall back" options in the event no
agreement is reached at the constitution
conference table of 1985.

I have heard it expressed that the sovereign
position would be viewed as being unrealist-
ic. If anything is unrealistic in the scen-
ario to date, it would be that of not stat-
ing the facts as they exist politically and
legally, and being respectfully addressed as
sovereigns. Instead the Federal Government
has.insulted us by all manner of demeaning
paternalistic strategies, policies and pro-
grams which have relegated us to an impotence
of decision-making.

The idea of coming away from the '85 First
cont'd page 2

page 2

Ministers’ Conference table with at least
something in hand and therefore advancing a
position based on a new process seems quite
redundant as processes are already in place
which see us involved at least through to
1987. Therefore some specific concerns are:

@ That perhaps over all we are not approach-
ing the First Ministers' Conference from a
very strong stance. I sensed too much of a
willingness to compromise which is embodied
in:

@ the concept of an accord to recognize
negotiation process; and

@ the proposition of constitutionalizing a
land claims process is also quite redundant
from our perspective as the Royal Proclama-
tion does that quite adequately; and

@ The development of a policy to put title
in abeyance is quite unnecessary and contrary
to the concept of our forefathers who sought
title as a living title to benefit succeeding
generations of people and as a basis of re-
sourcing our governments.

OS canaia is not prepared to accept our ex-
istence as Indian Nations, then it must re-
main for another day. Rather than put our

first agenda item, our title, in abeyance,
better to put the Constitutional process in
abeyance until our starting positions are
recognized. If and when the Federal Govern-
ment is to resume talks with us, the start-
ing agenda then, as now, would be:

@ Title: our relationship to our tribal
territories must be entrenched until, through
the consent of each Indian Nation concerned,
the resources are shared with Canada, or the
territory, or parts of it are alienated to
the Crown. Title applies equally to areas
covered by treaty or to unceded territory
whether the treaty be negotiated or is to be
negotiated.

@ Jurisdiction of our Indian Governments:
Our title must be protected under the juris-
diction of our Indian laws and institutions,
based upon the consent of the Indian Nations
concerned.

Political dialogue could quite easily be re-
sumed once the Federal Government realizes
our intentions are honorable and that all we
ask in return is to be also treated with
honor and truth.

CHIEF SAUL TERRY

oe HAVE RIGHT TO BE HEARD IN COURT ON INDIAN CHILD CUSTODY CASES

A Saskatchewan Indian child who was apprehended in B.C. has opened the doors for Indian Gov-
ernments to intervene before the courts on their children's behalf as a result of a unique

decision obtained by UBCIC Legal Department staff early in December.

Last year UBCIC lawyer

Louise Mandell was approached by the Sturgeon Lake Indian Band in Saskatchewan to assist in
regaining custody of one of their children apprehended by the Superintendent of Child Welfare

here in B.C.
Judge to consider.

convince the Judge the child was or was not in need of protection.

The Superintendent argued the Band had no right to advance a family for the
Rather, if the child was apprehended, the Superintendent alone could

If the child was in need

of protection, then it would be up the the Social Worker whether or not the child would be

placed with an Indian family.

The province argued the Band had no right to a hearing once the child was before the Court.
UBCIC legal staff argued against that position all the way up to the British Columbia Court

of Appeals.
the following:

The Court of Appeal unanimously decided in favour of the Indian Band by stating

"In a case where an Indian child is involved it is very
important, as the statute recognizes that the Indian Band
be fully heard with respect to any order which is to be

made."

This is the first time such a statement has been made in the Canadian Court.

The legal staff

will now proceed to advance the Sturgeon Lake Band's case at a hearing set for January 24

and 25.

The decision, rendered under the case name of Mirasty and Charles and the Superinten-

dent of Child Services, is of vital importance to all Indian Governments who seek to defend

the rights of their children.

page 3

NUXALK CITIZENS
DEPORTED

After nearly two years of living in sanctuary
amongst Indian Nations in B.C., and after hav-
ing been legally adopted into the Nuxalk Nat-—
ion through the traditional Potlatch ways,
Pinquid (Nils Somby) was deported to Norway
in early December. His and his family's re-
moval from ‘Canadian soil' was ordered by
Canadian Immigration authorities despite evi-
dence and testimony showing the jurisdiction
of the Nuxalk Nation over matters of its own
citizenship during the late November hearings
in Lethbridge Alberta.

Pinquid, facing charges in Norway for activi-
ties in defence of his Sami homeland, had
expected to be immediately arrested and im-
prisoned upon his return to that country. In-
stead, he was greeted by a large demonstration
of support upon his arrival in Norway, given
a brief hearing and released. Pinquid's
trial will take place later this year.

In nothing else, perhaps the international
attention and concern given his case has aff-
ected the kind of treatment the Norwegian gov-
ernment granted him on arriving home. Norway
is similar to Canada in its attempts to se-
cure for itself an international reputation of
respecting human rights, yet ignores the
rights of the indigenous peoples from within.
With countless international eyes now record-
ing the treatment of Pinquid, it is possible
he may receive a modicum of justice.

Sri unavailable at the present time are
the reasons for judgment given by the immigra-

tion adjudicator at Pinquid's hearing. Re-
quests have been made by UBCIC lawyer Louise
Mandell to have transcripts of the judgment
made available to the legal department and it
is hoped they will be forwarded within the
next few weeks. As soon as they are avail-
able, the vital points of the decision will be
published in the Up-Date.

Briefly, Mandell explained that while "the

Immigration adjudicator recognized the Indian
law of the Nuxalk Nation, he did not respect

it. His decision in the end was that he recog-
nized the Nuxalk people have law and ruled
Pinquid had to obey the Nuxalk law. But he
said Pinquid also had to obey Canadian law.

He did not deal with the question of what hap-
pens when Nuxalk law and Canadian law move in
conflict.”

Maance11 concluded what has happened as a re-
sult of Pinquid's case is "The Nuxalk Nation
and the Indian law were strengthened by its
exercise and by the recognition of it by the
adjudicator. But the Canadian institutions
would not respect Indian law when it conflict-
ed with Canadian law.

WO AMERICAN INDIAN MEN DEPORTED DESPITE
LONGHOUSE ELDERS' REQUEST FOR CUSTODY OF THEM

Despite a request by Longhouse elders to have
two men released to them for initiation into
the winter ceremonies, Immigration adjudicator
Daphne Shwdyk ordered the two men from the
Siletz Confederated Tribes of Oregon deported
back to the United States. The men, cousins
Dino and Gary Butler, were sent back on Decem-
ber 6th, a day after the hearing at Oakalla.

The Butlers had completed a four-year sentence
during which time they participated in several
hunger strikes in prison in a successful cam-
paign to have the right to hold traditional
religious ceremonies in the institutions.
During 1982 they were at the forefront of a
month and a half long hunder strike which
gained national attention to have Indian
religion permitted in Kent Institution.

A: the deportation hearing December 5th,
attended by a group of elders from Vancouver
Island who said they represented over a thous
and Longhouse People from the island, the
Immigration adjudicator was asked to postpone
the deportation of the two men until the end
of April in order for them to be initiated in-
te the Longhouse. Rose James of Kuper Island
guaranteed the Butlers would be returned to
the United States at the end of the Longhouse
season by the elders.

James attempted to explain to the adjudicator
the border was placed there for the European
people who only came recently to this conti-
nent, not for the Indian people who have for
thousands of years travelled by big canoes
back and forth along the coast. Indian people
were never asked, nor did they give their
consent to having a border cut up their terri-
tories, she said.

cont'd page 4

Indian Men Deported--cont'd from page 3

"We have many things we have kept to ourselves
--like the Longhouse--out of respect. We in-
vite our own people from what the Immigration
people call the American side, but they are
Indians, and we take care of them and feed
them. In the Longhouse we do not consider
your borders," she told the adjudicator.
"There we are all one."

Stan Guenther, lawyer for the two cousins,
argued the Immigration adjudicator did not
have to rule on any issue of sovereignty in
this case, but was required by the new Cana-
dian Charter of Rights to guarantee Freedom of
Religion. He pointed out the fact a "depart-—
ure notice" for the end of April would permit
the Longhouse people sufficient time to carry
out the religious initiation of the Butlers
and fulfill the policy of the Immigration
Department at the same time. Shwdyk, the ad-
judicator, ruled however the two Indian men
were not "permanent residents" and did not
have "landed immigrant" status. They were,
thereforedeported the following day.

|Meweers oF PARLIAMENT APPOINTED TO STANDING
COMMITTEE ON INDIAN AND NORTHERN AFFAIRS....

With the newly formed majority Conservative
Government, the federal Standing Committee on
Indian and Northern Affairs has a whole new
list of members. The fifteen appointees to
the Committee are:

Stan Schellenberger, CHAIR (Westaskiwin) PC
Albert Cooper (Pease River) PC
Girve Fretz (Erie) Fe
Douglas Frith (Sudbury) LIB
Jim Fulton (Skeena) NDP
John Gormley (The Battlefords-Meadowlake) PC
Felix Holtmann (Selkirk Interlake) PC
John A. MacDougall (Timiskaming) PG
Jim Manley (Cowichan-Malahat-The Islands) NDP
Barry Moore (Point Gatineau-Labelle) PC
Dave Nickerson (Western Arctic) PC
Keith Penner (Cochrane-Superior) LIB
Jack Scowen (Victoria-Haliburton) PC
Thomas Suluk (Nunatsiaq) FC
Barry Turner (Ottawa-Carleton) PC

Unzon OF B.C. INDIAN CHIEFS TO CONSOLIDATE
SUPPORT FOR CUATEMALAg seu kawnead aww me

GUATEMALA, with its majority Indian population,
is critical internationally in the struggle
for Indian liberation. In recognizing the
potential ramifications if an Indian Nation
were to establish control of the Guatemalan
State, the Indian people there are being sub-
jected to the most brutal forms of suppression
and outright acts of genocide. Indian victims
and those who escape the atrocities require
international aid and support, yet they are
faced with an international wall of silence,
with only a few stories surfacing periodically
in the international media.

The world is presently responding with an out-
pouring of compassion, as well it should, to
the 'natural' disaster facing the people of
Ethiopia. But what of those Indian people
whose voices are not heard daily and yet face
the deliberate, unspeakable torture and mass-—
acre at the hands of so-called fellow 'humans'
in Guatemala who wish to maintain control and
benefit of Indian lands, resources and their
slave labour?

It is a seemingly impossible task to attempt to
break this conspiracy of silence on the crisis
of Guatemala, but with the regular flow of in-
formation to this office, it is also an impos-
sible reality to ignore. In an effort to

raise public awareness and action for the In-
dian people of Guatemala, the UBCIC is attempt-
ing to consolidate support for the people
there. In this regard, Mildred Poplar has been
appointed committee-member to examine along
with United Native Nations' Vice-President

Ron George and Guatemalan Indian representa-
tives ways in which a Confederacy of Indian

Nations and possibly Church groups could pro-
vide more concrete support for Guatemala.

A full committee of Chiefs will also be meet-
ing later this month to study the issue in-
depth.

Iwo zan AFFAIRS CONCERNED OVER IMPLICATIONS OF MUSQUEAM VICTORY: The Devartment of
Indian Affairs is quickly attempting to shore up defences in light of the major
Musqueam victory fearing an onslought of new claims in the courts. In a document

leaked from the Ottawa-level, the DIA has provided valuable insight into the significance
of the Supreme Court decision favouring the Musqueam Indian Band in early November. The
confidential analysis (of the implications that case will have in future claims) out-
lines the highlights of the Supreme Court decision as follows:

@The "special relationship" between the Crown and Indians in respect of their
land is now formally recognized through a new category at law for the fiduciary
relationship.

@The Crown can now be sued for actions in the administration of Indian lands, and
for failure to adhere to imposed conditions of surrender and lease.

@aboriginal title is now clearly law in Canada. It pre-dates the Royal Proclamation
of 1763, with all the attendant implications for Aboriginal claims in British
Columbia and elsewhere.

@tThe Court recognizes the underlying principles of international law on which
Aboriginal title rests, that is that the rights of Indians in the lands they
traditionally occupied prior to European colonization both pre-dated and survived
the claims to sovereignty by various Europeans.

Under the heading of “Implications of the Guerin case for Native Claims" (the
Musqueam Case is called Guerin v. the Queen) the Indian Affairs' document has
analyzed some forseeable concerns the department has concerning this victory in
terms of both comprehensive and specific claims. Under comprehensive claims,
the DIA summarized their concerns thus:

"A basic implication of Guerin for comprehensive claims is that the
decision will almost certainly raise native expectations about the
acceptance of their claims, including those native groups in the
Maritime Provinces, southern Quebec and the lower mainland of B.C.,
where comprehensive claims have been rejected in the past on the basis
that the aboriginal title has been superseded by law. At the same time,
extensive delays by the government in accepting claims or entering into
negotiation with accepted claimants will engender a substantial

degree of frustration among many of the latter. Such delays plus
continued adherence of the government to its position on its

superseded by the law issue may well, in the light of the Guerin
decision, turn claimants to the courts. This, in turn, will cast

doubt on the comprehensive claims policy as an effective instrument

for natives to obtain compensation and various other benefits and
rights. .

Other then the above, the Department of Justice will undoubtably be
studying a range of questions raised by Guerin including those
relating to the viability of the superseded law concept and the
extinguishment of aboriginal title in whatever wording it may be
expressed.

Should Guerin generate additional pressures for progress, the
government could choose to activate the early 1984 cabinet agreement
in principle to increase the authorized level of claims under
negotiation at any one time from six to ten. This would involve

cont'd page 6

page 6

Dra CONCERNED, cont'd from page 5

additional estimated expenditures of $1.65 million for negotiating
costs and $5.2 million for claims funding costs with increases in
person years of 20 for claims negotiations and four for claims funding
management.

Should the government be required to accept claims so far regarded as
being superseded by law, approximately 55,000 additional claimants
would be involved. This could increase claims settlement costs by
$1.3 billion in monetary compensation alone."

O: further interest is the concerns the Indian Affairs department has that the
Supreme Court decision will have major impact on specific claims. Their analysis
of the implications of the Musqueam decision is as follows:

a) The judgment will likely broaden the "lawful obligation base for
accepting claims under the existing policy." In other words, a
claim that heretofore was rejected because of Justice advice that
the Crown was not a trustee or a fiduciary may now well be valid.
Most bands who have filed claims with ONC have raised trust and/or
fiduciary arguments. In light of the Guerin decision, it is expected a
number of claims processed earlier and judged unacceptable for negotiation
will be resubmitted. New claims based on fiduciary obligation can
also be expected. For example, the government's conduct in
handling the sales of surrender land now becomes a major issue.
In the prairies alone 775,000 acres of reserve lands were surrendered
for sale between 1896 and 1930. In 1935, the Deputy Minister of
Indian Affairs, commenting on the administration of these land sales
noted that '"...there was manifested a slackness and intertia that
might almost be considered culpable." In addition to placing
the land sales in doubt, the Guerin case also adds support to bands’
arguments that the agressive pursuit of a surrender policy by the federal
government constitutes "unconscionable conduct".

b) It is also conceivable that the Supreme Court's decision could be
such as to place the onus on the government to prove that each
surrender is primarily for the benefit of the Indians rather than
have bands try to prove their case.

c) Associated with a) and b) is the concomitant widening of the scope
for quantum of damages, producing more costly settlements.

The Department of Indian Affairs document clearly shows there is renewed questioning
on broader implications for their actions. The department itself points out that

" ..while the Guerin decision deals with the narrow issue of the responsibility of

the Crown in the surrender of reserve lands under the Indian Act, it remains to be seen
whether, and how far, the same reasoning might be applied in other areas. At the very
-least, the responsibility of the Federal Government for band trust accounts is likely
to be subject to the same principles." Other areas of concern arising from the Mus-
queam victory according to the department are:

@ Are the rights arising for Indians under the fiduciary obligation
"existing" Aboriginal rights under S. 35 of the Constitution Act.
If this is the case, can the Indian Act be amended, or Indian self-
government legislation be promulgated, outside of the Constitutional
process? Can the Crown's obligation actually be terminated through
either legislative exercise?

cont'd page 7

page 7

Dua CONCERNED, cont'd from page 6

@ To what extent would the notion of devolution of program administration,
or transfer to Indians of title to lands and powers for the management
of Indian assets and for the provision of services, conflict with the

Crown's requirement to act in the

To the extent that the objective standard of conduct under the fidu-
ciary obligation comes into conflict with the subject demands of the
Band in any area of activity, will the Federal government be forever
obliged to second guess Band initiatives?
“informed consent" in order to avoid follow-up suits?

best interests of the Band?

What will be the measure of

BORIGINAL RIGHTS POSITION BEING UP-DATED
Preliminary meetings began January 9th and
10th in Vancouver to carry out a full review
of the Union of B.C. Indian Chiefs' Aboriginal
Rights Position Paper. The position paper,
endorsed at an earlier General Assembly and
presented to the Federal Government four years
ago, was examined by a full committee during
the two-day session earlier this month as
mandated by a resolution of the 16th Annual
General Assembly of the UBCIC in November.

The first draft of the up-dated position
paper is expected to be ready by the end of
this month. A review will be made by Chiefs'
Council and further-input and review sought
prior to re-submission to the Federal Gov-
ernment.

Meares ISLAND _- _$$$$ VS. ABORIGINAL TITLE
Centuries old trees tower in the un-
touched wilderness of Meares Island--a mag-
nificent area unharmed by the destructive
quest for economic gain--may now be raped of
its virgin forest since the logging giant
MacMillan Bloedel won its day in court. The
case to stop MacBlo from cutting over $25
million worth of timer off the island under
a provincial tree-farm licence was heard in
court earlier this month.

Meares, which is part of the Clayuquot
peoples' traditional territory, encompasses
20,000 acres of one of the region's last re- |
maining unlogged rain forests. The Clayu-
quot and Ahousaht Bands were in court seek- |

Consrrrurronaz WORKING GROUP AND CONFEDERACY
OF FIRST NATIONS TO MEET IN VANCOUVER........
A meeting of the Constitutional Working Group
is to take place at the Hotel Vancouver on
January 27 at 7:00 p.m. The meeting is to
prepare for the joint Constitutional Workin
Group/Confederacy of First Nations meeting as
agreed to be held January 29 to the 3lst at the
same hotel.

The CWG/CFN meeting will address the following
issues:

-Constitutional strategy, including Prairie
Treaty Nations Alliance (role within AFN and
Treaty positions;

-Interim report of committee on structure;

-Preparation for special assembly (February 18
to Zist in Ottdwa),

Breer CY
a

aA A dh dddl

ing a refraining order against the company
logging the island which is under their abo-
riginal title. They will pursue at a full
trial at a later date the whole issue of
their land claims. The provincial govern=-
ment has issued permits to MacMillan Bloedel |
and B.C. Forest Products Ltd. to log 53 per-
cent of the island over a 35-year period.

During the hearing for a refraining order,
lawyer Paul Rosenberg for the Indian Bands
argued they held title to the island because
of their unbroken occupancy of the land

there for thousands of years. MacBlo lawyers:
argued the success of the Clayuquot and Ahou-
saht Bands' application could set a "danger-
ous precedent" which could ultimately effect
tree farm licences on all aboriginal lands
throughout the provinces.

Justice Reginald Gibbs, who was to render a
decision on the case, felt the Clayuquot
position of sovereignty was a "staggering
concept" and questioned if this position "..
..placed the Indian people supreme and above
the law?"

cont'd page 8

page 9

Who. IS AN INDICATOR OF THREAT TO
MANKIND:

In a letter to the Editor of "The Sun", Dir-
ector of the Lillooet Tribal Council Chief
Perry Redan detailed some vital issues con-
cerning us all and the environment in which

we live. Due to its significance, the letter
published December 12, is re-printed in its
entirety:

"Recent announcements of cutbacks in the
Canadian Wildlife Service and the National
Research Council amount to an unwarranted
assault not only on the habitat of wildlife
but also on the health and welfare of human
populations.

Industrial development in this country is re-
cent when compared to the evolution of the
diversity which makes up the natural world.
It has taken countless centuries for the riv-
ers, mountains, and the organisms dependent
on these land forms to develop. In the past
100 years the environment has had to bear
rapid changes in processes which took thous-
ands of years to evolve. Through extraction
of substances which once lay beneath the
earth's surface, living organisms (including
man) are confronted with substances which are
unknown in such high concentrations and many
of these materials are proving detrimental to
all life forms.

Evidence is mounting throughout the world: be
it murcury transmitted up the food chain un-
til human populations are poisoned; be it the
effects of indiscriminate disposal of toxic
wastes; all these are assaults on the quality
of life. The long term effects can only be
assumed.

Sadly the fish and birds and smaller mammals
take the brunt of these assaults, but the
effects do not stop there; they continues up
the food chain to include mankind. The birds,
the fish and all wildlife provide a warning
mechanism to mankind and must be protected
not only because they are indicators of an
imbalance, but also because they are part of
life itself. Without extending this protect-
ion, mankind will not only lose valuable food
sources but will also jeopardize the natural
life cycle of the planet.

Industrial pollution of our waterways is jeo-
pardizing a very important food source: the
fisheries. Mounting evidence of pollution
can be seen in heavily industrialized areas
such as the Great Lakes and the Pacific Coast

where high occurrences of cancerous fish have
been found.

These are among the best commercial fishing
areas of the country and thus the health and
welfare of people consuming these fish is
jeopardized either through consumption of
cancerous substances or the bio-accumulation
of toxic chemicals themselves.

Is it the madate of the Progressive Conserv- |
ative government to put short-term economic
goals before the long-term effects of envir-
onmmental degredation? Does this government
require an ecocatastrophe before it will act
on matters this important to all?

The time to act is now. It is the mandate
of the minister of environment to foster
harmony between society and the environment
for the benefit of present and future gener-
ations. More specifically, Environment Can-
ada seeks to protect the quality of the en-
vironment from the adverse impact of human
activities in order to conserve and enhance
Canada's renewable resources of water, land,
forests, wildlife, and their related eco-
systems; facilitate the adaptation of human
activities to the environment; and protect
for all time those places which are signif-
icant examples of Canada's natural and cult-
ural heritage.

It is the federal minister's responsibility
to lobby his provincial counterparts to en-
sure total fulfillment of his mandate.
Future generations depend on his strong
voice in the present government."
Chief Perry Redan
Director,
Lillooet Tribal Council

Axtiancz OF INDIAN NATIONS TO STOP CNR
After unsuccessful talks with the Canadian
National Railway to stop their twin-track
rail project, an alliance of Indian Nations
and Bands filed a petition January 25 with
the B.C. Supreme Court. The petition to
halt the CNR from double-tracking its main
line along the Fraser and Thompson Rivers
says the CNR and its predecessor companies
failed to gain approval from Indian Nations
involved for any work carried out since 1910.

The Alliance of Tribal Councils, the Sto:lo,
N1l'Akapxm, and Shuswap, state in their pet-
ition the CNR additionally have not sought
approval for the new work, despite the fact
portions of the second track would have to
be built on their lands,

oS —= Se
iS Sale

page 3

$8$S VS. ABORGINAL TITLE cont'd from page 7

In his January 25th ruling, Justice Gibbs
dealt extensively with the aboriginal issue.
The ruling clearly recognized the economic
impact on the province should aboriginal
title be recognized here.

"T am satisfied...that I can take the effect
upon the public and upon the public business
into account," he stated in acknowledging the
broader issue of resource use versus Indian
rights province-wide were at stake. Justice
Gibbs indicated that granting an injunction
to the Indian people in this case based upon
aboriginal title "...would spawn a rash of
similar applications throughout the pro-
vince."

"Such actions would create havoc in the fi-
nancial, business and public activities in
the province," he said. Ruling on the
Clayuquot's claim, Justice Gibb found the
provincial government had the legal right to
extinguish Indian land claims under the
Constitution Act of 1867.

The decision, which finds there is no argu-
able case for aboriginal title in the province
and defers all aboriginal rights for the sake
of economic gain of non-Indian corporations,
-. will be appealed. In the meantime, Indian
people, joined by ardent conservationists will
be organizing to defy the destruction of the

area.

| (3) Recognize our Land Claims and that there be no resources

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RIS vancouver XS

EMAGAMI INDIAN PEOPLE IN NORTHER QUEBEC
LOSE LAND CLAIM TEST TO THE PROVINCE.....
An eleven year battle to establish clear abo-
riginal title to 9,500 square kilometres of
land in northern Ontario by the Temagami In- .
dian people there ended in defeat on December
ll, 1984. After 120 days of hearings spread
over more than a year in a case considered
crucial to legally define aboriginal land
rights, an Ontario Supreme Court decision dis-
missed the Temagami Indian people's claim and

Declaration

Let it be known as of April 21, 1984, we the Clayoquot Band, do

declare Meares Island a Tribal Park.

(1) Total preservation of Meares Island based on TITLE and

survival of our Native way of life.

(2) Preserve Meares Island as the island is an ECONOMIC
base of our people to harvest natural unspoiled Native
foods — including all:

a. sea foods and shellfish

b. protect our traditional hunting nights of deer.and water
fowl, etc. ...

c. protect the right of our elders to continue the gathering
of their Indian medicines.

d. protect the right of Native artists to continue the gather-
ing of their needs. Cedar bark, cedar for canoes, and
paddies, and masks, etc... .

(3) Protection of all salmon streams on the Island.

(4) Protection of all Herring spawning areas around the Island.

(5S) Protection of all traplines.

(6) Protection of all sacred burial sites on Meares.

The Native people are prepared to share Meares Island with} - -

non-Natives, providing that you adhere to the Laws of our Fore

Fathers; which were always there. On these basis — we recog-

nize your needs for: .

(1) a. Watershed, as they already have in place their water

system on Meares Island.

b. Hunting of water fowl in Lemmens Inlet.

c. Existing mariculture leases. We would reserve the right
to process any further development, be it watershed or;
further mariculture leases. ”

(2) We would permit access to the Isiand for Recreational
purposes —— hiking, camping, fishing, whale watching,
gathering restricted amounts of seafoods and shellfish.

removed from Meares Island excluding watershed.
igned by: George Frank (Hereditary Chief); Alex Frank Sr.
Hereditary Chief) and the CLAYOQUOT BAND COUNCIL

Temagami Claim “a cont'd
held title was vested in the Crown.

In "The Globe & Mail", December 12, report

on the case, Judge Steele was quoted as
saying: 'The Royal Proclamation, while giving
Indians the right to ‘traditional uses for
basic survival and personal ornamentation’
did not convey any independent right to self-
government.'' He found the Crown has the
right ‘to extinguish aboriginal rights by
legislation, administrative action or treaty'
and after Confederation in 1867 Ontario en-
acted legislation 'the intent and effect of
which was to open up the Land Claim Area to
settlement and extinguish aboriginal rights

therein.' .
In an aside, Judge Steele also noted it was

‘inconceivable’ that King George III would
have granted ownership of vast tracts of land
to Indian bands subject to the limited right
of repossession claimed by them. ‘At the
time, Europeans did not consider them (the
Indians) equal to themselves," he said.

page 10

EUROPEAN VOLUNTEERS FOR SUMMER WORKCAMPS AVAILABLE: Are you interested in having ten to twency
European volunteers (between the ages of 18 and 30) work free for two weeks to a month on
community services projects during the summer? If so, Eva Schacherl of the Canadian Bureau
for International Education (141 Laurier W., Suite 809, Ottawa) will provide further informa-
tion on how to go about doing it. In a recent letter to the UBCIC office, Ms. Schacherl
provided this background:

"This program, now entering its sixth year, brings groups of European volunteers to Canada
each summer to participate in community service projects of two to four weeks' duration.
Volunteers pay their own transportation costs and receive only room and board for their work.

"There is a great deal of interest in native life and culture on the part of the volunteers
from abroad. Therefore we are hoping that more Indian groups will become involved in the
program by sponsoring a workcamp. This past summer, two groups of volunteers were hosted by
the Central Okanagan Indian Friendship Centre, and in turn they had a very fulfilling ex-
perience of native life and traditions. Workcamps hosted on reserves in previous years have
been equally successful.

"There are concrete benefits from hosting a workcamp: our volunteers have always proven them-
selves to be enthusiastic workers who have made very good contributions to community pro-
jects."" If interested, contact Eva Schacherl directly at her Ottawa address.

UNION OF B.C. INDIAN CHIEFS

3rd Floor - 440 West Hastings
Vancouver, B.C. V6B 1L1

Telephone: (604) 684-0231
Telex: 04-54220

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