Union of B.C. Indian Chiefs Up-Date - Issue no. 12 (February/March, 1985)

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UNION OF
B.C. INDIAN C H I E F S
UP-DATE
3rd Floor • 440 West Hastings
Vancouver, B.C. V6B 1L1
February/March, 1985
P r e s i d e n t ' s

I S S U E NO. 12

m e s s a g e s

The Indian fishery
In British
Columbia,
is one. of most Important
resources
upon which we. as Indian People,
rely.
Often we hear it said that if the.
resource
is rendered
extinct,
40 too will the. Indian people, become
extinct.

salmon

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

again the Department of Fisheries
and
Oceans is changing its regulations
to
expand their sphere of assumed
authority
over our way oh
Life.
This type of restrictive
action upon our
people is no different from those laws
the Canadian government passed
forbidding
Indian People from practising
the
potlatch.

Those of you in the communities do not
need to be reminded of the. importance,
We must not permit the
neutralization
or
of this resource... for you live, because
of the continued
existence
of yourfishery.Our
eliminationcultures
of the
areIndian
wovenculture
closelyin the
around a clean environment and healthy
freedom to, without hindrance,
practise
resources.
Oven. the. years this
relationthe traditional
way of Life
respecting
ship has been deteriorated
in the. name,
the use of
fish.
oh progress with no real concern as to
what effect this progress may have, on the
Indian People have a common objective
to
environment or on the renewable r e s o u r c e s
the control
of their fishery
and marine
upon which people rely,
especially
Indian
resources,
both offshore
and inland,
People.
It is in essence,
"progressive
thereby having an effective
involvement
destruction."
in the enhancement and management of the
fish and marine resources.
This is our
common objective
regionally,
nationally
and, indeed,
internationally.
Bands and Tribal Councils addressing
the
issues of hazardous wastes of all manner
Let us continue to protect our
fishery
of industries,
domestic wastes which
impact upon our air, water, lands and
...for
in doing so, we protect
ourselves
upon our peoples,
are to be commended.
and those who follow us into the
future.
For it is these types of efforts
which
kelp us stop the indiscriminate
pollutChief Saul Terry
ion, waste and destruction.
Through
all of this, we should not lose
sight
of the basic struggle
we have with regards to our
fishery.
The F i r s t M i n i s t e r s Conference
As well as facing these
environmental
on the C o n s t i t u t i o n w i l l take
encroachments,
we have had to face
p l a c e i n Ottawa A p r i l 2 and 3.
for many years the constantharassmentand arrests
for practicing
Proceedings
w i l l be tour
elevised.
aboriginal
rights
to fish.
There is
every indication
that these
occurances
will not stop. I say this because once

page 2
UBCIC HEALTH CAREERS CONFERENCE
One i n five Indian c h i l d r e n w i l l
die before the age of 4; four of
every ten I n d i a n a d u l t s w i l l d i e
a v i o l e n t death; and many more
I n d i a n youth w i l l commit s u i c i d e
than anyone cares to contemplate.
But s t a t i s t i c s don't d i e — p e o p l e
do, and those who remain behind
c a r r y a g r i e f t h a t cannot be
measured.
Since the h e a l t h s t a t u s of I n d i a n
people has not a l t e r e d i t s a p p a l l ing course, i t i s obvious Indian
c o n t r o l of I n d i a n h e a l t h i s an u r gent requirement f o r I n d i a n Governments. Since funds have become
a v a i l a b l e to the Union of B.C.
I n d i a n C h i e f s to b r i n g together
people i n t e r e s t e d i n the I n d i a n
H e a l t h Career f i e l d , the UBCIC
w i l l be h o s t i n g a H e a l t h Careers
Conference i n Vancouver on March 26,
27 and 28, 1985.
The Conference w i l l be addressing
v a r i o u s areas i n I n d i a n h e a l t h i n c l u d i n g H e a l t h Career o p p o r t u n i t i e s
and Indian H e a l t h P o l i c y . A l l t r a v e l ,
expenses, accomodations and meals
w i l l be p r o v i d e d . The conference
w i l l be h e l d at the Ming Court, 1160
Davie S t r e e t , i n Vancouver.
For f u r t h e r i n f o r m a t i o n please c o n t a c t
M i l d r e d P o p l a r or V i o l e t B i r d s t o n e at
the UBCIC o f f i c e a t phone #684-0231.

PROVINCIAL COURT JUDGE DECIDES FEDERAL
FISHERIES REGULATIONS SUPERCEDE TRADITIONAL
LAWS IN KAML0OPS COURT RULING
T r a d i t i o n a l laws i n p l a c e s i n c e time immemorial to care f o r and r e g u l a t e the f i s h e r i e s were d i s r e g a r d e d e n t i r e l y by Kamloops
p r o v i n c i a l court Judge Ross Simpson i n h i s
January 30th c o n v i c t i o n of f o u r Fountain
Band members.
The f o u r , i n c l u d i n g Fountain Band C h i e f
Roger Adolph, were found g u i l t y of i l l e g a l
salmon f i s h i n g and o b s t r u c t i o n of a f e d e r a l
f i s h e r i e s o f f i c e r . Chief Adolph was g i v e n
a c o n d i t i o n a l d i s c h a r g e and placed on a
year's p r o b a t i o n f o r the o b s t r u c t i o n charge
which Judge Simpson found was aimed more at
p r e v e n t i n g , than c r e a t i n g a c o n f r o n t a t i o n .
UBCIC lawyer L o u i s e Mandell had argued
d u r i n g the t r i a l a b o r i g i n a l r i g h t s entrenched
i n the C o n s t i t u t i o n were s u p e r i o r to p r o v i n c i a l and f e d e r a l f i s h i n g r e g u l a t i o n s . She
presented evidence t h a t s e v e r a l t r e a t i e s
and conventions d a t i n g back to the Royal
Proclamation of 1763 gave I n d i a n people the
" e x c l u s i v e r i g h t " to f i s h the F r a s e r R i v e r .
In the d e c i s i o n handed down by Judge
Simpson, he r u l e d a b o r i g i n a l f i s h i n g
r i g h t s are s u b j e c t to government f i s h i n g
r e g u l a t i o n s and t h a t the Royal Proclama t i o n of 1763 d i d not apply to the provi n c e of B r i t i s h Columbia.
Chief Adolph s a i d the d e c i s i o n f a i l e d to
g i v e r e c o g n i t i o n to the f a c t Indian people
make t h e i r own f i s h i n g laws. "Our t r a d i t i o n a l laws have been i n p l a c e s i n c e time
immemorial. F i s h i n g i s our r i g h t and
that r i g h t must not be i n t e r f e r e d w i t h . "

INTERNATIONAL YOUTH YEAR - 1985:
P a r t i c i p a t i o n , Development and P e a c e — t h o s e are the
themes of I n t e r n a t i o n a l Youth Year (IYY), as 1985 has been designated by the U n i t e d
Nations. Around those three themes, the I n t e r n a t i o n a l Youth Yeat i s intended to
promote the i n t e g r a t i o n of the concerns and i n t e r e s t s of youth (ages 15-24) w i t h those
of the whole s o c i e t y , and, as w e l l , promote the understanding and a p p r e c i a t i o n of the
c o n t r i b u t i o n young people can and do make. To coordinate Canada's observance of the
s p e c i a l year, the f e d e r a l government has e s t a b l i s h e d an I n t e r n a t i o n a l Youth Year
S e c r e t a r i a t w i t h the Department of the S e c r e t a r y of S t a t e . I n a d d i t i o n , the M i n i s t r y
of State f o r Youth has s p e c i a l p r o j e c t d o l l a r s a v a i l a b l e to mark the year i n Canada.
Grants t o t a l l i n g n e a r l y $500,000 have a l r e a d y been a l l o c a t e d f o r 22 s p e c i a l p r o j e c t s
which w i l l encourage youth to take p a r t i n d e c i s i o n s which concern them, and to r a i s e
p u b l i c awareness of t h e i r concerns, a s p i r a t i o n s and c o n t r i b u t i o n s .
I f Indian Governments are aware of youth i n t h e i r community who wish to put forward
some of the m u l t i p l e and grave concerns f a c i n g them and t h e i r f u t u r e , i n f o r m a t i o n
on grants a v a i l a b l e f o r them to mark t h i s year i s a v a i l a b l e from D a n i e l Cayer. (phone
number: 819-994-2424)

page 3
CNR TWIN-TRACKING IMPACT UNKNOWN
With 50 percent o f a l l B.C. salmon s t o c k s
o r i g i n a t i n g i n t h e F r a s e r and Thompson
R i v e r systems, and the CN Railway i n t e n d ing t o d o u b l e - t r a c k along those e n v i r o n m e n t a l l y s e n s i t i v e r i v e r systems, t h e
i s s u e e f f e c t s a l l B.C. I n d i a n people...
not j u s t the 60 r e s e r v e s l o c a t e d a l o n g
i t s path. The 36 I n d i a n Bands o f the
A l l i a n c e o f T r i b a l C o u n c i l s most d i r e c t l y impacted by t h e CNR Twin-Tracking P r o j e c t , m a i n l y l o c a t e d a l o n g s i d e the CNR
m a i n l i n e , have worked and c o n t i n u e t o
work l o n g and hard to ensure the cons t r u c t i o n of the r a i l r o a d does n o t i n t e r f e r e w i t h t h e I n d i a n way of l i f e which,
s i n c e time immemorial has depended upon
the r i v e r s to p r o v i d e food, s p i r i t u a l
and c u l t u r a l sustenance.
I n a l e t t e r dated February 7, 1985, t o
the Honorable David Crombie, M i n i s t e r o f
I n d i a n A f f a i r s , C h i e f Robert Pasco o f t h e
Oregon Jack Creek I n d i a n Band o u t l i n e s a
chronology of r e c e n t developments r e g a r d ing the d o u b l e - t r a c k i n g :
"The A l l i a n c e Bands and other Bands
who a r e concerned w i t h r e s p e c t to t h e
f i s h e r y r e s o u r c e met C.N. o f f i c i a l s on
January 18, 1985, a t L y t t o n . Mr. Ross
Walker, V i c e - P r e s i d e n t , Mountain Region
was i n attendance along w i t h Dr. Owen
Anderson, R e g i o n a l D i r e c t o r G e n e r a l
(B.C. Region), Senator Len Marchand,
Joe Leask, Head o f Reserves and T r u s t s ,
Ottawa. The Bands o u t l i n e d t h e i r
concerns r e g a r d i n g the t w i n t r a c k i n g
i s s u e and t h e meeting ended w i t h an
impasse.
As a r e s u l t of the impasse a w r i t o f
summons and statement of c l a i m was
i s s u e d on b e h a l f of the 36 Bands, who
make up the A l l i a n c e , a g a i n s t Canadian
N a t i o n a l Railway.
The w r i t was i s s u e d
on January 25, 1985, and served on CNR
on the same date.
One of the urgent reasons f o r i s s u i n g
the w r i t was t h e f a c t that CNR intended
to commence c o n s t r u c t i o n on the Thompson
R i v e r (between m i l e 59.8 to 67.8, A s h c r o f t s u b d i v i s i o n ) which would d i r e c t l y
a f f e c t t h e Oregon Jack Creek I n d i a n
Band and the Cook's F e r r y I n d i a n Band.
F u r t h e r , Senator Len Marchand saw a

need to b r i n g t h e p a r t i e s back t o gether i n order t o d i s c u s s t h e problems the A l l i a n c e Bands faced. He
c o n s u l t e d w i t h Mr. Ross Walker and
the Bands and arranged another meeting i n Vancouver on January 31, 1985.
At t h i s meeting, the V i c e - P r e s i d e n t
of CNR, Ross Walker, was i n a t t e n dance together with- v a r i o u s CN o f f i c i a l s and lawyers. Dr. Owen Anderson
and o t h e r r e p r e s e n t a t i v e s o f the
Department o f I n d i a n A f f a i r s were
i n attendance as w e l l . A t t h i s
meeting, CNR agreed to l i s t e n to
the Bands' concerns and e x p l o r e
p o s s i b i l i t i e s of m o d i f y i n g t h e i r
designs so t h a t t h e Bands' f i s h i n g
r i g h t s would n o t be a f f e c t e d . F u r t h e r , they agreed to d e l a y c o n s t r u c t i o n u n t i l March 1, 1985, t o g i v e
t h i s process an o p p o r t u n i t y t o addr e s s the Bands' concerns.
A c c o r d i n g l y a working group has now
been e s t a b l i s h e d , w i t h r e p r e s e n t a t i v e s o f CNR, DIAND, and t h e C h i e f s ,
to d e a l w i t h the c o n s t r u c t i o n which
a f f e c t s us most immediately (mile
59.8 to 67.8, A s h c r o f t s u b d i v i s i o n ) .
Senator Len Marchand has agreed t o
oversee t h i s process and be a v a i l a b l e should t h i s process become
stalemated.
The A l l i a n c e o f T r i b a l C o u n c i l s
does not oppose double t r a c k i n g as
such. They merely i n s i s t t h a t t h e
second t r a c k be c o n s t r u c t e d i n such
a way as not t o i n t e r f e r e w i t h our
v e s t e d r i g h t s . The r i g h t s i n v o l v e
our a b i l i t y t o f i s h i n t h e r i v e r s
and supply our people w i t h t h e i r
d a i l y food sustenance and sustenance
for our way o f l i f e . The i s s u e s
which face us, and which face CNR
and t h e Government o f Canada, go to
the v e r y heart o f our e x i s t e n c e as
I n d i a n people.
S i n c e time out of mind we have
f i s h e d the r i v e r s i n order to prov i d e o u r s e l v e s w i t h food, s p i r i t u a l
and c u l t u r a l sustenance. Our r e l i ance upon t h e r i v e r and the f i s h
i s a complex i n t e r r e l a t e d system.
T h i s has not been r e a d i l y understood by the CNR. I n f a c t , i t was

page 4
not u n t i l January 31, 1985, at a
meeting w i t h the A l l i a n c e Bands,
CNR and the Department of I n d i a n
A f f a i r s , that CNR agreed to l i s ten to the Bands. For our p a r t ,
we promise to do our best to exp l a i n to CNR our use of the r i v e r .
What we ask f o r i s t h a t the r a i l road be c o n s t r u c t e d so t h a t i t does
not i n t e r f e r e w i t h our way of l i f e . "
With the delay i n c o n s t r u c t i o n granted by
CNR u n t i l March 1 s t , the A l l i a n c e of
T r i b a l C o u n c i l s t e m p o r a r i l y withdrew the
w r i t of summons and statement of c l a i m .
In the meantime, C h i e f Pasco, on b e h a l f
of the A l l i a n c e , appeared before the
Standing Committee on F i s h e r i e s and F o r e s t r y and on I n d i a n A f f a i r s i n Ottawa,
February 7th.

CN R a i l Maurice L e C l a i r and Senator Len
Marchand, then met i n an a l l - d a y s e s s i o n
at the UBCIC o f f i c e s w i t h r e p r e s e n t a t i v e s
of the A l l i a n c e of T r i b a l C o u n c i l s and
UBCIC lawyer L e s l i e Pinder i n an attempt to
s o r t out i s s u e s CNR should have been addressing years p r i o r .
With the f i n a l March 15th d e a d l i n e f o r
c o n s t r u c t i o n f a s t approaching, Mazankowski
has s t i l l not signed the necessary Orderi n C o u n c i l f o r CNR to proceed w i t h the
c o n s t r u c t i o n i n the c r i t i c a l A s h c r o f t sect i o n . A l l i a n c e r e p r e s e n t a t i v e s met March
7th i n Ottawa w i t h David Crombie, M i n i s t e r
of I n d i a n A f f a i r s , to remind him of h i s
l e g a l o b l i g a t i o n s on b e h a l f of the A l l i a n c e
lands and r i g h t s and to request a f u r t h e r
meeting w i t h him here i n B.C.
The f u l l
Cabinet as w e l l i s expected to meet on the
, i s s u e at any time.

As a r e s u l t of that p r e s e n t a t i o n , the
Standing Committee reached a precedents e t t i n g unanimous d e c i s i o n to ask Parliament f o r a one-year delay i n the
d o u b l e - t r a c k i n g . The Committee a l s o
recommended that CN R a i l r e v e a l the r e s u l t s of i t s own environmental and economic impact s t u d i e s , that the company .
j u s t i f y the economic b e n e f i t s of the
p r o j e c t and t h a t a l t e r n a t i v e s to the
t w i n - t r a c k i n g system be examined.
On February 12th, CNR o f f i c i a l s met w i t h
the P a r l i a m e n t a r y Standing Committee on
F i s h e r i e s i n an attempt to counter the
A l l i a n c e ' s success, but a p p a r e n t l y r a i s e d
more questions than answers i n s o f a r as
the t w i n - t r a c k p r o j e c t ' s impact i s concerned.
With the House of Commons adjourned u n t i l February 25th, the motion
was not addressed i n the House u n t i l
February 27th, at which time a r a t h e r
l i v e l y and p o s i t i v e debate i n favour
of the motion was put forward.
While the P r o g r e s s i v e Conservative majori t y i n the Commons was able to b l o c k a
vote on the motion, CNR was again r e q u i r ed to postpone c o n s t r u c t i o n u n t i l March
15th, s i n c e T r a n s p o r t a t i o n M i n i s t e r Don
Mazankowski d i d not s i g n the O r d e r - i n C o u n c i l r e q u i r e d b e f o r e CNR could proceed.
Due to the i n t e n s e debate on the doublet r a c k i n g i n P a r l i a m e n t , Mazankowski,
along w i t h Cabinet c o l l e a g u e John F r a s e r ,
M i n i s t e r of F i s h e r i e s , the P r e s i d e n t of

CRITICAL ENVIRONMENTAL AREAS ALONG THE

page 5

ALLIANCE PRESENTATION ON CNR TWIN-TRACKING GAINS UNANIMOUS SUPPORT FROM STANDING COMMITT
With a f i n a l d e a d l i n e of March 1 5 t h f o r commencement o f c o n s t r u c t i o n o f the CN R a i l w a y
Twin-Tracking P r o j e c t along the c r i t i c a l 10 m i l e s e c t i o n south of A s h c r o f t f a s t approachi n g , the A l l i a n c e o f T r i b a l C o u n c i l s was s u c c e s s f u l i n g a i n i n g p r e c e d e n t - s e t t i n g unanimous support from the Standing Committee on F i s h e r i e s f o r a one-year d e l a y . The support
came February 7 t h a f t e r Chief Robert Pasco appeared on b e h a l f of the A l l i a n c e o f T r i b a l
C o u n c i l s i n Ottawa.
The motion, which r e q u i r e d P a r l i a m e n t a r y consent, was s t a l l e d i n the House of Commons on
February 27th. However, due t o the unanimity of the Standing Committee and the i n t e n s e
and f a v o u r a b l e n a t u r e o f the P a r l i a m e n t a r y debate, T r a n s p o r t a t i o n M i n i s t e r Don
1 s t . That date was the end o f an agreed month-long delay granted by CNR d u r i n g d i s c u s s ions arranged by Senator Len Marchand w i t h A l l i a n c e of T r i b a l C o u n c i l r e p r e s e n t a t i v e s .
March 1 5 t h i s CNR's own d e a d l i n e , which company r e p r e s e n t a t i v e s suggest i s the f i n a l date
on which they say they can b e g i n c o n s t r u c t i o n .

Due to the s i g n i f i c a n c e of t h i s i s s u e , the p r e s e n t a t i o n made by C h i e f Pasco t o the
Standing Committee i s r e - p r i n t e d i n i t s e n t i r e t y :
"The purpose of our appearance before the Standing Committee i s
to p r e s e n t the recommendation o f the 36 I n d i a n Bands from B r i t i s h
Columbia most d i r e c t l y impacted by the CNR Twin T r a c k i n g P r o j e c t .
These Bands have communities which a r e l o c a t e d a l o n g s i d e t h e CNR
mainline.
The CNR t r a c k passes through about 60 r e s e r v e s along
the 750 m i l e s between Valemont t o Vancouver. The r a i l w a y p l a n s
to double t r a c k over the next 20 y e a r s . Most of t h i s occurs along
the e n v i r o n m e n t a l l y - s e n s i t i v e F r a s e r and Thompson R i v e r s .
A s u b s t a n t i a l amount o f c o n s t r u c t i o n work has a l r e a d y been comp l e t e d along some s t r e t c h e s . CN has to date t w i n - t r a c k e d a t o t a l
of 222 m i l e s , namely i n s e c t i o n s from Edmonton t o Valemont. T h i s
c o n s t i t u t e s a t o t a l one t h i r d of 750 m i l e s . There remains 528 m i l e s
of t h e second t r a c k to be completed. We b e l i e v e there a r e s e v e r a l
c r i t i c a l i s s u e s t h a t r e q u i r e study and e v a l u a t i o n before any f u r t h e r work proceeds. F o r t h i s reason, we w i s h t o make three s p e c i f i c
recommendations.
1. The economic j u s t i f i c a t i o n f o r the CNR t w i n - t r a c k i n g
be made a v a i l a b l e t o t h e A l l i a n c e of T r i b a l C o u n c i l s .
2. That the A l l i a n c e o f T r i b a l C o u n c i l s be supported
p o l i t i c a l l y t o complete an o b j e c t i v e e v a l u a t i o n of the
many p o t e n t i a l impacts the p r o j e c t w i l l have on the
people l i v i n g i n our communities and on the salmon
resources o f these r i v e r s .
3. That there be a one year postponement on any f u r t h e r
c o n s t r u c t i o n w h i l e the s o c i a l and environmental
i m p l i c a t i o n s a r e assessed.
Because of the l a r g e investment to be made i n t h i s p r o j e c t over
many y e a r s , we b e l i e v e some e x t r a time and money spent now can avoid
c o s t l y and unnecessary damage t o the environment and to the people
l i v i n g along the t r a c k .
The d e c i s i o n t o a l t e r the approach the CNR i s t a k i n g must come from
the Government of Canada f o r many reasons. The CNR i s a crown c o r -

page 6
CNR

TWIN-TRACKING continued:
p o r a t i o n . The m u l t i - b i l l i o n d o l l a r c o s t w i l l be p a i d through
changes i n Federally-approved f r e i g h t r a t e s . The r e s p o n s i b i l i t y
f o r Indians and land reserved f o r Indians r e s t w i t h the Department
of I n d i a n A f f a i r s . The Department of Environment and F i s h e r i e s
have s p e c i f i c resources they are mandated to p r o t e c t .
Our p r i o r i t y area where the CNR i n t e n d s to begin c o n s t r u c t i o n
i s a 10 m i l e s e c t i o n l o c a t e d south of A s h c r o f t , along the Thompson
R i v e r . T h i s would occur through the reserves and f i s h i n g areas
of t h r e e I n d i a n bands and would impact important p i n k salmon and
steelhead h a b i t a t . The bands o n l y r e c e i v e d the environmental
assessment r e p o r t prepared by CNR c o n s u l t a n t s i n mid-December.
The CNR intended t o s t a r t dumping b a l l a s t i n t o the r i v e r on
15th February.
At a r e c e n t meeting, they agreed t o postpone the s t a r t u n t i l
1 March. However, t h i s i s f a r too l i t t l e time to d e a l adequately
w i t h the impacts. For example, along t h i s s t r e t c h the second
t r a c k w i l l be b u i l t on the r i v e r s i d e of the e x i s t i n g one. The
CNR r e p o r t acknowledges that the i n f i l l i n g i n t o the r i v e r w i l l
d e s t r o y f i s h h a b i t a t but does not suggest how t h i s can be avoided
or m i t i g a t e d . The CNR and the Department of F i s h e r i e s have
agreed t o use p a r t of t h i s s e c t i o n as a t e s t "area t o t r y t o
determine what the impacts w i l l be. However, the A l l i a n c e bel i e v e s t h i s p a r t of the r i v e r i s too important to be handled
t h i s way.
This c o n s t r u c t i o n w i l l a l t e r the r i v e r bank i n a great many
locations.
T h i s w i l l damage' I n d i a n f i s h i n g s i t e s and t r a i l s
down to the r i v e r . Changes to the f l o w c h a r a c t e r i s t i c s o f the
r i v e r c o u l d change the routes the salmon take and make other
s i t e s u s e l e s s f o r t r a d i t i o n a l I n d i a n methods of f i s h i n g .
The time to study the river is before the work is done., not
after.
A one year p e r i o d i s needed t o analyze the changes i n the
r i v e r and t o monitor the movements of the f i s h over a season. The
v a r i o u s l o c a t i o n s used by I n d i a n fishermen i n response t o these
changes can a l s o be documented. At the same time, the c o n s t r u c t i o n
plans o f the CNR can be analyzed i n r e l a t i o n to t h i s i n f o r m a t i o n
and changes agreed t o by the r a i l w a y and the bands t o prevent
unnecessary damage.
Over 50% of all B.C. salmon stocks originate in the Fraser and
Thompson
River
systems.
These stocks have declined drastically
over the years as development has occurred along the river valleys.
We must know what the additional effects of double tracking will
be before the project continues any
further.
The salmon are an
important food source and c u l t u r a l f a c t o r to the I n d i a n people.
We a l s o have l e g a l f i s h i n g r i g h t s along the r i v e r s that were
e s t a b l i s h e d when the reserves were d e f i n e d by the Royal Commission
i n the 1880's. We must have the time t o ensure t h i s renewable
resource and our r i g h t s to i t are not l o s t .
We a l s o b e l i e v e the A l l i a n c e must have the independent c a p a b i l i t y
to e v a l u a t e the plans and procedures of "the CNR. The environmental
assessments have been prepared by CNR in-house c o n s u l t a n t s working

page 7

CNR TWIN-TRACKING continued:
on the T e c h n i c a l Working Group. The terms o f r e f e r e n c e of t h e
TWG s p e c i f i c a l l y exclude any c o n s i d e r a t i o n o f I n d i a n f i s h i n g o r
h e r i t a g e s i t e s . The S t e e r i n g Committee made up of the CNR and
government agency r e p r e s e n t a t i v e s has n o t i n c l u d e d the Department
of I n d i a n A f f a i r s . T h e r e f o r e the people w i t h the most to l o s e
because of t h i s p r o j e c t have been excluded from the main d e c i s i o n making process t o d a t e .
The A l l i a n c e bands made many submissions and p r e s e n t a t i o n s t o
the Environmental Assessment P a n e l h e a r i n g s . We would encourage
the Committee members t o review the t r a n s c r i p t s of the h e a r i n g s
f o r more i n f o r m a t i o n on these i s s u e s . We have a t t a c h e d to t h i s
p r e s e n t a t i o n a copy of a statement of concern that summarizes
many of these.
The A l l i a n c e of T r i b a l C o u n c i l s has h i r e d p r o f e s s i o n a l e x p e r t i s e
to conduct the work n e c e s s a r y t o p l a c e I n d i a n concerns i n t o the
o v e r a l l environmental d e s i g n of CNR's t w i n t r a c k i n g program.
The Department of I n d i a n A f f a i r s supports t h i s concept and does
so by p r o v i d i n g the necessary r e s o u r c e s .
As a c o n c l u d i n g remark, I w i s h to emphasize t o the Committee
members t h a t the A l l i a n c e of T r i b a l C o u n c i l s i s prepared t o
co-operate f u l l y w i t h the CNR and the r e g u l a t o r y agencies to
a r r i v e a t an a c c e p t a b l e approach to the Twin T r a c k i n g P r o j e c t .
We want t o see many e x i s t i n g problems w i t h the o p e r a t i o n s of
the r a i l w a y c o r r e c t e d . We want to be sure that the best design
is developed to protect the river, the salmon, and our access
and fishing sites; not just the cheapest and most
expedient
design for the CNR. We have many o u t s t a n d i n g p r o p e r t y i s s u e s
that we i n t e n d t o r e s o l v e w i t h the CNR. These can be d e a l t w i t h
i n a reasonable manner i f the Government of Canada and the CNR
w i l l acknowledge our A b o r i g i n a l r i g h t s are a c e n t r a l f a c t o r t o
t h i s p r o j e c t and t h a t our communities have much a t stake i n the
way the p r o j e c t proceeds over the next 20 y e a r s .
I sat as a member o f the Environmental Assessment P a n e l f o r over
a year u n t i l the CNR decided t o proceed w i t h the work near A s h c r o f t
through my r e s e r v e l a n d without even meeting w i t h my band. I was
f o r c e d to r e s i g n t o a v o i d a c o n f l i c t of i n t e r e s t between my o b l i g a t i o n s to the Oregon J a c k Creek Band and the need f o r an o b j e c t i v e
i n p u t i n t o the f i n a l r e p o r t of the p a n e l .
As a p a n e l member, I came to a p p r e c i a t e how many p o t e n t i a l conf l i c t s i n h e r e n t i n a major p r o j e c t can be r e s o l v e d i f a l l p a r t i e s
take a comprehensive and reasonable approach t h a t accomodates
a l l i n t e r e s t s . I f e e l Parliament has to force the CNR to take
a broader and more flexible
view of its mandate and to
realize
they have
responsibilities
that extend far beyond 90 foot
boundaries of their r i g h t of way."
STANDING COMMITTEE ON FISHERIES AND
FORESTRY TO HOLD HEARINGS IN B.C.
The P a l i a m e n t a r y Standing Committee
w i l l be t r a v e l l i n g to Kamloops, Vancouver, Campbell R i v e r , Nanaimo and
P r i n c e Rupert from March 23 to A p r i l
3, 1985, to r e c e i v e submissions con-

c e r n i n g the West Coast F i s h i n g I n d u s t r y .
While the d e a d l i n e f o r requests to appear
b e f o r e the Committee i s March 15th, I n d i a n
Governments may s t i l l wish t o watch f o r
these h e a r i n g s i n the B.C. Communities.

page 8
UNION OF B.C. INDIAN CHIEFS COUNCIL
SUPPORTS ALLIANCE ON CNR DELAY
At the C h i e f s C o u n c i l of the Union
of B.C. I n d i a n C h i e f s h e l d on March
4,5, and 6, 1985, the f o l l o w i n g r e s o l u t i o n was passed u r g i n g the Government of Canada to comply w i t h t h e i r
l e g a l and moral o b l i g a t i o n to p r o t e c t
the e x c l u s i v e f i s h i n g r i g h t s of the
Indian people along the F r a s e r and
Thompson R i v e r watersheds.
Telexes of t h e r e s o l u t i o n were sent
to Prime M i n i s t e r B r i a n Mulroney, a l l
r e l e v a n t M i n i s t e r s , Leader of the Oppos i t i o n and numerous M.P.'s.
"We r e s p e c t f u l l y submit t h i s request i n
support of the A l l i a n c e of T r i b a l C o u n c i l s
and those other I n d i a n Nations which w i l l
be a f f e c t e d and b e a r i n g i n mind the s t r o n g
recommendation through unanimous vote of
the P a r l i a m e n t ' s Standing Committee on
F i s h e r i e s and F o r e s t r y and I n d i a n A f f a i r s .
WHEREAS t h e C.N. double t r a c k i n g p r o j e c t
w i l l i r r e p a r a b l y a f f e c t the f i s h ery of the Musqueam, S t o ' l o , N l a '
kampux, Shuswap, L i l l o o e t , C h i l c o t i n , C a r r i e r and Sekani I n d i a n
N a t i o n s , and
PROVINCIAL COURT RULES AGAINST INDIAN
TREATY FISHING RIGHTS IN NANAIMO
Treaty f i s h i n g r i g h t s a r e s u b s e r v i e n t
to F e d e r a l f i s h e r i e s laws a c c o r d i n g to
Nanaimo p r o v i n c i a l court Judge Doug
Greer.
D e s p i t e the C o n s t i t u t i o n ' s r e a f f i r m a t i o n o f e x i s t i n g a b o r i g i n a l and
t r e a t y r i g h t s , Judge Greer c o n v i c t e d
s i x Nanaimo I n d i a n Band members of
February 15th f o r f i s h i n g w i t h a n e t
on the Nanaimo R i v e r and doing so w i t h out a l i c e n c e .
The s i x Nanaimo Band members were
f i s h i n g i n an area w i t h i n the bounda r i e s of the Douglas Treaty, which
acknowledged f i s h i n g and hunting r i g h t s
i n p e r p e t u i t y . Judge Greer, however,
i n t e r p r e t e d the words " i n p e r p e t u i t y "
to mean: "so long as the I n d i a n people
have the money to pay the f i n e s and appeal
costs f o r t h e i r p r o t r a c t e d l e g a l b a t t l e s
r e q u i r e d t o defend those r i g h t s . " UBCIC
lawyer L o u i s e M a n d e l l , who represented the
Nanaimo I n d i a n Band members, w i l l appeal
the d e c i s i o n .

WHEREAS f u r t h e r time i s r e q u i r e d to i n v e s t i g a t e more s p e c i f i c a l l y t h e
a) environmental,
b) s o c i a l and economic impacts,
c) economic j u s t i f i c a t i o n f o r
proceeding w i t h the p r o j e c t ,
and,
d) a p p l i c a b i l i t y o f modern t e c h nology to improve movement of
goods without double tracking-.
THEREFORE BE IT RESOLVED that the Government of Canada p r o v i d e t h e I n d i a n
people that s h a l l be d i r e c t l y
a f f e c t e d by t h i s r a i l p r o j e c t
w i t h a t l e a s t the minimal time
requested (one year) t o more
thoroughly and a c t i v e l y i n v e s t i g a t e the double t r a c k i n g p r o j e c t
which, as p r e s e n t l y planned, w i l l
i r r e v e r s i b l y i m p a i r t h e i r access
to a fundamental r i g h t w i t h i n
t h e i r r e s p e c t i v e homelands.
BE IT FURTHER RESOLVED t h a t the Honorable
David Crombie, M i n i s t e r of I n d i a n
A f f a i r s , d i r e c t l y intervene with
the Honorable Don Mazenkowski,
M i n i s t e r of T r a n s p o r t , on the
I n d i a n s ' b e h a l f i n such a way as
to prevent c o n s t r u c t i o n from proceeding which s h a l l i n t e r f e r e
w i t h t h e I n d i a n s ' f i s h e r i e s and
other reserve lands.

page 9
l

PRODUCED BY:
The
Alliance
of
Tribal
Nations,
comprising
the
S t o : l o and N l ' a k a p x m T r i bal C o u n c i l s , N . T h o m p son B a n d , D e a d m a n C r e e k
B a n d and B o n a p a r t e B a n d .
Copyright

1984

DISTRIBUTED B Y :
Coqualeetza Cultural
Education Centre
P . O . B o x 370
Sardis, B.C. V 2 R 1A7
858-7977

THE RIVER IS OUR HOME
T h e A l l i a n c e of T r i b a l N a t i o n s f o r m e d in O c t o b e r 1983 out of an urgent
need to save the w i l d s a l m o n s t o c k s of the F r a s e r and T h o m p s o n R i v e r s .
H i s t o r i c a l l y , C a n a d a ' s n a t i o n a l r a i l w a y s have s e v e r e l y i m p a c t e d Indian p e o p l e
and the Indian way of l i f e . T o d a y our p e o p l e and the s a l m o n f a c e a r e n e w e d t h r e a t as C a n a d i a n N a t i o n a l R a i l w a y c o m p l e t e s c o n s t r u c t i o n of its
s e c o n d t r a c k through B r i t i s h C o l u m b i a . T h i s f i n a l stage of the t w i n t r a c k i n g
is p r o c e e d i n g through s o m e of C a n a d a ' s most c u l t u r a l l y and e n v i r o n m e n t a l l y
sensitive regions a f f e c t i n g more than 7,000 Indian people along the
river
corridors.
T h i s s t o r y is t o l d through the words of our p e o p l e , visual p o r t r a y a l s
of
a n c i e n t f i s h i n g m e t h o d s , and a c t u a l s c i e n t i f i c d o c u m e n t a t i o n . It deals w i t h a
very s e r i o u s issue f r o m a unique and sensitive p e r s p e c t i v e . 34 m i n u t e s .

page 10
LUBICON INDIAN BAND NEED MORE THAN
SPECIAL ENVOY—THEY NEED LAND
Caught w i t h o u t a t r e a t y i n the midst
of an o i l - r i c h r e g i o n , the 300 s t r o n g
Lubicon Lake I n d i a n Band of A l b e r t a
w i l l need more than a m i r a c l e from the
r e c e n t l y appointed s p e c i a l envoy E.
Davey F u l t o n . F u l t o n , appointed a t
the end of January by DIAND M i n i s t e r
David Crombie, i s to i n v e s t i g a t e the
Lubicon Lake I n d i a n Band's l a n d c l a i m
which were never surrendered through
treaty.
Since Ottawa promised the Band a r e s e r v e
i n 1940, but f o r g o t a l l about i t i n the
meantime, t h e Lubicons are now considered
to be " s q u a t t e r s " on t h e i r own l a n d by an
a n t a g o n i s t i c A l b e r t a government which has
a l r e a d y s o l d o i l l e a s e s throughout the
Lubicon t e r r i t o r y . T h e i r case caught the
a t t e n t i o n o f the i n t e r n a t i o n a l community
when the World C o u n c i l of Churches, meeting i n Vancouver i n 1983, r e p o r t e d t h e
p r o v i n c e of " A l b e r t a has r e s o r t e d t o
c u l t u r a l genocide i n an e f f o r t to chase
Indians o f f t h e i r l a n d . "
The Geneva-based C o u n c i l t o l d a h o r r i f y i n g s t o r y , accusing the government and
o i l companies of nothing l e s s than " o f f i c i a l t e r r o r i s m " ? WCC d i r e c t o r Anwar
Barkat at the time wrote t o former Prime
M i n i s t e r P i e r r e Trudeau:
" P r o v i n c i a l o f f i c i a l s have d e l i b e r a t e l y
allowed f i r e s i n the band's t r a d i t i o n a l
area to rage unchecked, burning up thousands of acres of b o r e a l f o r e s t used by
band members f o r hunting and t r a p p i n g .
" T r a d i t i o n a l I n d i a n hunting and t r a p p i n g .
t r a i l s have been turned i n t o p r i v a t e o i l
company r o a d s . . . O i l company workers have
been i n s t r u c t e d to d e l i b e r a t e l y scare
game out o f the area by f i r i n g r i f l e s . "
P r o v i n c i a l government o f f i c i a l s were a l s o
accused of t h r e a t e n i n g to b u l l d o z e t h e
Lubicons' homes i f they d i d n ' t accept
government housing l o t s , thereby j e o p a r d i z i n g t h e i r land c l a i m s .
In February 1982, the Band took ten o i l
companies working i n the area to c o u r t
asking f o r an i n j u n c t i o n to h a l t f u r t h e r
activity.
I n November 1982, the judge
rendered a d e c i s i o n that the I n d i a n way
of l i f e no l o n g e r e x i s t s and thus cannot
be damaged, t h e r e f o r e denying the i n j u n c t i o n . He ordered the Band to pay the

e n t i r e c o u r t c o s t s and l e g a l f e e s . The
o i l companies a r e now i n a p o s i t i o n to use
t h r e a t s t o make immediate c o l l e c t i o n to
pressure t h e Band not to take f u r t h e r l e g a l
action.
The L u b i c o n s , however, have continued i n
t h e i r l e g a l a c t i o n s and, on January 11th,
the A l b e r t a Court o f Appeal upheld the
e a r l i e r r e f u s a l to grant an i n j u n c t i o n . The
lawyer f o r the Band, Kenneth S t a r o s z i k ,
f i l e d documents on February 18th seeking
p e r m i s s i o n t o appeal the d e c i s i o n t o t h e
Supreme Court o f Canada.
The L u b i c o n Lake Bank, b e s i d e s seeking the
i n j u n c t i o n a g a i n s t Petro-Canada, Dome P e t r o leum and e i g h t other o i l companies, i s s u i n g
the government f o r 23,000 h e c t a r e s of r e s e r v e
land and 300,000 acres of hunting and t r a p ping l a n d .
In the meantime, i n August o f 1984, t h e
J u s t i c e Department f i n a l l y d e l i v e r e d i t s
much-delayed l e g a l o p i n i o n to the Department of I n d i a n A f f a i r s , s t a t i n g the Band
d i d not have a b o r i g i n a l r i g h t s , and t h a t i t
was e n t i t l e d o n l y to a r e s e r v e under Treaty
8, the Treaty the Lubicons were o r i g i n a l l y
excluded from decades e a r l i e r .
While E. Davey F u l t o n attempts t o mediate
the i s s u e , the Lubicon Lake I n d i a n Band
w i l l attempt t o c a r r y i t s l e g a l b a t t l e
a g a i n s t the ten o i l companies, the A l b e r t a
and F e d e r a l governments a l l the way to the
Supreme Court.

POLLUTION PREVENTION PAYS SYMPOSIUM

The. Hazardous Waste ManagementCoalitio
day symposium, April 13th and 14th
at the Robson square Media. Centre,
beginning each day at 10:30 a.m.
DA.
Donald Huisingh of North Carolina State
university
will be giving a public
lecture 8:00p.m. April 13th.
A leading
expert in the. field of toxic waste reduction and recovery, DR. Huisingh
will
explain how ecology with economy is
technically
feasible
and
economically
beneficial...FOR
further
information
on the symposium, contact
Darlene
Taylor,
environmental
health
officer
at the UBCIC office
(phone:
684-0231)

page 11
MEARES

ISLAND INTERVENTION REQUIRE? TO REVERSE DECISION ON ABORIGINAL TITLE IN B.C.

When J u s t i c e Reginald Gibbs decided January 25th t h a t A b o r i g i n a l t i t l e was e x t i n g u i s h e d
i n B.C. a t the time of C o n f e d e r a t i o n , he went w e l l beyond the i s s u e of Meares I s l a n d
and, w i t h o u t the a u t h o r i t y t o do so, he decided upon major areas of concern t o a l l
I n d i a n Nations here. F o r example, J u s t i c e Gibbs decided a l l a b o r i g i n a l t i t l e i n t h e
p r o v i n c e had been e x t i n g u i s h e d b e f o r e 1871 o r , i f he was wrong on t h a t p o i n t and t i t l e
had s u r v i v e d c o n f e d e r a t i o n , he r u l e d the p r o v i n c e had the power a f t e r c o n f e d e r a t i o n t o
e x t i n g u i s h a b o r i g i n a l t i t l e by p a s s i n g g e n e r a l a c t s o f l e g i s l a t i o n . By e n a c t i n g t h e
F o r e s t r y A c t , he s a i d , the p r o v i n c e had e x t i n g u i s h e d t i t l e t o t h e t r e e s .
Subsequently the UBCIC l e g a l department was a d v i s e d a five-man bench of the Court of
Appeal had been appointed t o s i t on the Appeal "to decide the issue of aboriginal
titleonceandforall."
With t h i s background, the Union o f B.C. I n d i a n C h i e f s made a p p l i c a t i o n t o i n t e r v e n e
at the Appeal, together w i t h the C a r r i e r Sekani, the G i t k s a n Wet'suwet'en and t h e
Shuswap T r i b a l C o u n c i l s , on b e h a l f of twelve Bands, along w i t h the Taku R i v e r T l i n g i t s .
The purpose of the i n t e r v e n t i o n was to prove to the Court of Appeal t h a t Mr. J u s t i c e
Gibbs was wrong i n making h i s d e c i s i o n s and t o urge the Court o f Appeal not to decide
the q u e s t i o n o f a b o r i g i n a l t i t l e u n t i l the i s s u e i s p r o p e r l y presented i n evidence a t a
f u l l t r i a l . The i n t e r v e n e r s urged t h e c o u r t not decide the case so as .to a f f e c t o r
p r e j u d i c e the a b o r i g i n a l t i t l e o f other I n d i a n N a t i o n s i n B r i t i s h Columbia.
I n a r e p o r t to C h i e f s C o u n c i l on March '4th, UBCIC lawyer L o u i s e M a n d e l l submitted t h e
f o l l o w i n g i n f o r m a t i o n on the Meares I s l a n d i n t e r v e n t i o n :
"The

A p p l i c a t i o n to Intervene

On February 19, 1985, A r t h u r Pape and myself appeared b e f o r e the Court of
Appeal t o make a p p l i c a t i o n t o i n t e r v e n e . The a p p l i c a t i o n of the Union of
B.C. I n d i a n C h i e f s was opposed by c o u n c i l f o r M a c M i l l a n B l o e d e l who argued
the Union d i d not have any d i r e c t i n t e r e s t i n t h e case.
The law on g r a n t i n g t o i n t e r v e n e r s the r i g h t to i n t e r v e n e i n a case i s
not h e l p f u l to us. The c o u r t s have developed r u l e s a g a i n s t p a r t i e s i n t e r vening i n a c t i o n s merely because they have a d i r e c t i n t e r e s t i n the r e s u l t
of the case. The c o u r t s t r y to a v o i d a number of p a r t i e s j o i n i n g i n a c t i o n s ,
the r e s u l t o f which would be d e l a y . However, we urged the c o u r t to a l l o w
the i n t e r v e n o r s the r i g h t t o i n t e r v e n e , n o t on the p a r t i c u l a r f a c t s o f
Meares I s l a n d but on the g e n e r a l p u b l i c law i s s u e s i n v o l v i n g a b o r i g i n a l
t i t l e . Our arguments s t r e s s e d the i n t e r v e n o r s had a d i r e c t i n t e r e s t
i n t h e case, a d i f f e r e n t p e r s p e c t i v e t o b r i n g t o the i s s u e , and p a r t i c u l a r
e x p e r t i s e on the q u e s t i o n . Our arguments p r e v a i l e d and a l l of the i n t e r venors were awarded s t a n d i n g , i n c l u d i n g the Union o f B.C. I n d i a n C h i e f s .
We were to co-operate by p r e s e n t i n g an argument on b e h a l f of a l l t h e
intervenors.
One minor step forward i s the precedent s e t t i n g d e c i s i o n s of Mr. J u s t i c e
Essen g r a n t i n g us i n t e r v e n o r s t a t u s . The law of B r i t i s h Columbia has now
improved t o permit a wider p a r t i c i p a t i o n i n case e f f e c t i n g a b o r i g i n a l r i g h t s .
The

I n t e r v e n o r s Argument

We concentrated our argument on three s e c t i o n s : the t e s t t o grant an
i n t e r l o c u t o r y i n j u n c t i o n , whether a b o r i g i n a l t i t l e was e x t i n g u i s h e d before
1871, and whether the p r o v i n c e i s capable a f t e r 1871 t o e x t i n g u i s h
a b o r i g i n a l t i t l e through i t s g e n e r a l powers.

MEARES

ISLAND INTERVENTION continued:
a)

The

test

on

interlocutory

relief

I n t e r l o c u t o r y r e l i e f i s granted to a p a r t y before t r i a l to prevent
a harm done to them b e f o r e an i s s u e can be decided on i t s m e r i t .
The evidence which would be presented a t t r i a l i s g e n e r a l l y n o t
before the court a t an i n t e r l o c u t o r y h e a r i n g . The c o u r t must r e l y
upon a f f i d a v i t evidence and an assumption t h a t t h e f a c t s claimed by
each of the p a r t i e s i n t h e i r documents a r e t r u e .
The u s u a l t e s t on i n t e r l o c u t o r y r e l i e f i s whether or not the p a r t i e s
have an i s s u e to be t r i e d , and whether o r not they w i l l s u f f e r i r r e parable harm i f the i n j u n c t i o n i s not granted. C o u n c i l f o r M a c M i l l a n
B l o e d e l and f o r the P r o v i n c e urged the court s e t t i n g up a b o r i g i n a l
t i t l e a g a i n s t the P r o v i n c e ' s r i g h t t o grant resources t o companies.
They urged the c o u r t to adopt the t e s t t h a t the Indians would l i k e l y
succeed a t t r i a l , r a t h e r than the t e s t of whether there i s an arguable
case.
The i n t e r v e n o r s argued such a t e s t i s completely without precedent,
i s unfounded, and i s , on the f a c e of i t , u n f a i r and somewhat r a c i s t .
b) A b o r i g i n a l t i t l e was n o t e x t i n g u i s h e d before 1871
The argument advanced by M a c M i l l a n B l o e d e l and decided by Judge
Gibbs was t h a t the d e c i s i o n s of Mr. J u s t i c e Judson i n the C a l d e r
case ought to be accepted as the law of B r i t i s h Columbia. I n the
Calder case, the c o u r t s p l i t 3-3 on whether o r not a b o r i g i n a l
t i t l e had been e x t i n g u i s h e d before 1871. Mr. J u s t i c e H a l l r u l e d t h a t ,
because there was no e x p r e s s i o n i n any l e g i s l a t i o n which demonstrated
the Crown intended t o e x t i n g u i s h a b o r i g i n a l t i t l e , a b o r i g i n a l t i t l e
continued to s u r v i v e the a p p l i c a t i o n of the e a r l y B.C. Land A c t s .
The judgment o f Mr. J u s t i c e Judson h e l d t h a t , because the Crown,
a c t i n g through the B r i t i s h Columbia l e g i s l a t u r e , enacted a s e r i e s
of land a c t s which assumed the j u r i s d i c t i o n and t i t l e to the land t o
the p r o v i n c e , those land a c t s themselves had the e f f e c t of e x t i n g u i s h i n g
a b o r i g i n a l t i t l e by i m p l i c a t i o n .
Since the Calder case, a number of judges have f o l l o w e d e i t h e r
Mr. J u s t i c e H a l l ' s o r Mr. J u s t i c e Judson's d e c i s i o n , r e c o g n i z i n g
that the law i s u n s e t t l e d on t h i s p o i n t .
F u r t h e r , s i n c e the Calder case, the Union o f B.C. I n d i a n C h i e f s ,
Dr. B r i a n S l a t t e r y , and a number of other people and o r g a n i z a t i o n s
have committed over a decade o f r e s e a r c h to argue a b o r g i n a l t i t l e
may not be e x t i n g u i s h e d e i t h e r by expressed l e g i s l a t i o n or by
i m p l i c a t i o n , but o n l y w i t h the consent of the I n d i a n n a t i o n s . T h i s
evidence and argument has never been presented t o any c o u r t , and
c e r t a i n l y was not decided i n the Calder case.
F i n a l l y , the a u t h o r i t y which e s t a b l i s h e s the p r i n c i p l e t h a t a b o r i g i n a l
t i t l e may be e x t i n g u i s h e d " a t the g o o d w i l l of the Crown" comes from
the St. Catherines M i l l i n g Case, where the I n d i a n n a t i o n s were not
represented and where the phrase was i n t e r p r e t i n g another phrase
w i t h the Royal P r o c l a m a t i o n of 1763.
This i s important f o r our
purposes.
F i r s t , i n the S t . Catherines M i l l i n g Case, the c o u r t s s a i d
the Royal P r o c l a m a t i o n was the source of a l l r i g h t s and decided

MEARES ISLAND INTERVENTION continued:
a c c o r d i n g l y . The c o u r t i n the Musqueam case has r u l e d the Royal
P r o c l a m a t i o n does n o t apply to B r i t i s h Columbia. I f they should
be r i g h t about t h i s , there i s no a u t h o r i t y which they can r e l y upon
which e s t a b l i s h e s t h a t a b o r i g i n a l t i t l e , without r e f e r e n c e to t h e
P r o c l a m a t i o n , may be e x t i n g u i s h e d " a t t h e g o o d w i l l of the s o v e r e i g n . "
The i n t e r v e n e r s presented t h e l e g a l arguments, r e f e r r e d t o i n t h i s
s e c t i o n . I n a d d i t i o n , we showed the Court examples o f some of the
evidence which we f e e l i s c r u c i a l t o d e t e r m i n i n g whether the Crown
had the r i g h t to e x t i n g u i s h a b o r i g i n a l t i t l e "at t h e i r g o o d w i l l " ;
and evidence demonstrating the Crown intended that t i t l e s u r v i v e ,
and not be e x t i n g u i s h e d .
We were v e r y c a r e f u l i n t h i s p a r t o f the argument t o arouse t h e
c u r i o s i t y o f t h e c o u r t without showing too much of what we had
gathered i n new evidence.
Our argument was t h a t t h e i s s u e was undecided and not t o be sent
to t r i a l f o r d e t e r m i n a t i o n .
c)

The

existence

of

aboriginal

title

after

1871.

I t has always been assumed i n law t h a t the p r o v i n c e has no power to
e x t i n g u i s h a b o r i g i n a l t i t l e through the a p p l i c a t i o n of S e c t i o n 92
powers. I n the C a l d e r Case, f o r example, c o u n c i l f o r the p r o v i n c e
admitted i f a b o r i g i n a l t i t l e s u r v i v e d c o n f e d e r a t i o n , the p r o v i n c e
had done n o t h i n g s i n c e c o n f e d e r a t i o n to e x t i n g u i s h i t .
Yet, i n 1984 the p r o v i n c e was s t r e n u o u s l y arguing i t had power
to e x t i n g u i s h a b o r i g i n a l t i t l e through the a p p l i c a t i o n o f g e n e r a l
p r o v i n c i a l l e g i s l a t i o n . C o u n c i l f o r the p r o v i n c e put i t t h i s way:
The i s s u e i n t h i s case i s whether o r not a b o r i g i n a l t i t l e i s s t r o n g e r
t h a t t h e t i t l e o f the p r o v i n c e .
We argued the p r o v i n c i a l government completely m i s c h a r a c t e r i z e d
the i s s u e . I t i s not whether o r not a b o r i g i n a l t i t l e i s s t r o n g e r
than the p r o v i n c e , r a t h e r whether a b o r i g i n a l t i t l e i s an aspect of
S e c t i o n 91 (24) and 5.09 of the C o n s t i t u t i o n Act 1867 and i s , t h e r e f o r , beyond the reaches o f the p r o v i n c e .
In argument, the i n t e r v e n o r s r e l i e d upon the cases i n v o l v i n g an
i n t e r p r e t a t i o n of S e c t i o n 91 (24) and S e c t i o n 109 t o show the
i s s u e had not been s e t t l e d as the p r o v i n c e maintained.
Further,
we l e d some, but n o t a l l , of t h e evidence t o show t h a t when t h e
B r i t i s h North America Act was c o n s t r u c t e d , i t was intended
I n d i a n A f f a i r s and I n d i a n t i t l e be p l a c e d beyond the reaches of the
p r o v i n c e . I t was our argument t h a t , t o the extent the i s s u e i s
u n s e t t l e d , i t ought t o be put to t r i a l . However, our view was
that the i s s u e was s e t t l e d and t h e p r o v i n c e had no power to
e x t i n g u i s h a b o r i g i n a l t i t l e , nor had they c i t e d any a u t h o r i t y on
t h i s p o i n t which a s s i s t e d them.
The L i k e l i h o o d o f Success
There were a number of s i g n a l s from the bench which i n d i c a t e d the i n t e r v e n o r s
argument would succeed. At one p o i n t , Mr. J u s t i c e Lamper asked c o u n c i l f o r

page 14
MEARES ISLAND

INTERVENTION continued:

the p r o v i n c e : "What a u t h o r i t y do you have to support your view that whenever a b o r i g i n a l t i t l e comes i n c o n f l i c t w i t h that of the p r o v i n c e s , the
p r o v i n c e s have to win?" The p r o v i n c e had no response to t h i s q u e s t i o n .
We hope the a p p l i c a t i o n f o r Meares I s l a n d w i l l a l s o succeed. However,
i t may be decided a g a i n s t the Bands on the f a c t s . The c o u r t might d e c i d e
there i s harm which w i l l r e s u l t i f the Meares I s l a n d a p p l i c a t i o n succeeds
and may r e f u s e to grant the i n j u n c t i o n on t h a t b a s i s . However, as I
i n d i c a t e d , i t i s our view the i n t e r v e n o r s argument w i l l succeed i n any
event.
Should the i n t e r v e n o r s argument f a i l , our r e c o u r s e would be to apply f o r
l e a v e to the Supreme Court of Canada. In a d d i t i o n , we could proceed w i t h
the l i t i g a t i o n which i s pending, r a i s i n g the evidence which has not yet
been r a i s e d and attempt to d i s t i n g u i s h a judgment a g a i n s t us on the b a s i s
of new evidence.
FREEDOM EXPRESS TO SUPPORT BIG MOUNTAIN
On A p r i l 10th the "Freedom Express" w i l l l e a v e S e a t t l e , Washington, on i t s way towards
Big Mountain i n A r i z o n a . The "Freedom Express" w i l l i n c l u d e a caravan of t r u c k s and
cars t h a t w i l l c a r r y donated foods and o t h e r r e l i e f s u p p l i e s to the n a t i v e people of
Big Mountain. P r e s e n t a t i o n s about the i s s u e s a f f e c t i n g those r e s i d e n t s of B i g Mountain
w i l l be c a r r i e d out along the r o u t e .
Around 14,000 Navajo and Hopi Peoples face f o r c e d r e l o c a t i o n from t h e i r a n c e s t r a l homelands because of an i l l - c o n c e i v e d government program a u t h o r i z e d by P.L. 93-531, or the
Navajo-Hopi Land Settlement A c t , which was passed by a l a r g e l y misinformed U.S. Congress
i n 1974. M u l t i n a t i o n a l mining i n t e r e s t s were l a r g e l y r e s p o n s i b l e f o r the A c t ' s passage.
Uranium, c o a l and o i l u n d e r l i e much of the n a t i v e peoples' lands i n the area. Such l a r g e
c o r p o r a t i o n s as Kerr McGee, Peabody C o a l and Exxon have been v y i n g f o r l e a s e agreements
to develop these r e s o u r c e s .
Because human l i f e and human r i g h t s are more important than p r o f i t s , the f i r s t "Freedom
Express" i s b e i n g launched w i t h the i n t e n t i o n of r a i s i n g needed d o n a t i o n s , as w e l l as
p u b l i c awareness of t h i s i s s u e . Very few people are aware of the s t r u g g l e of the Hopi
and Navajo l i v i n g i n the B i g Mountain and who are f a c i n g t h i s r e l o c a t i o n .
When the Settlement Act was passed by Congress, they g r e a t l y underestimated the f u l l
s c a l e of i t s n e g a t i v e impacts. Cost overruns f o r t h i s program alone t o t a l n e a r l y h a l f
a b i l l i o n d o l l a r s , and the c o s t s i n terms of human l i f e and s u f f e r i n g cannot be measured.
For these reasons the "Freedom Express" has been formed to
address these b l a t a n t human r i g h t s v i o l a t i o n s and help to
secure f o r the I n d i a n people of B i g Mountain t h e i r r i g h t s
to the land they have l i v e d on f o r hundreds of y e a r s .
The "Freedom Express" i s sponsored by the Freedom Fund of
S e a t t l e . A l s o i n v o l v e d i n t h i s p r o j e c t are the N a t i v e
American communities l o c a t e d a l o n g the caravan r o u t e , and
the B i g Mountain Support Groups. For f u r t h e r i n f o r m a t i o n
on the caravan and how to p a r t i c i p a t e , please c o n t a c t :
A. Quarto of the Freedom Fund i n S e a t t l e a t the f o l l o w i n g
phone number: 206-323-5338.

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ACTION PLANNERS

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Good for keeping track of where youweren'tbutshould'vebeen.

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page 16
COMMISSION ON GUATEMALA MEETS
In response to a resolution passed a t
the UBCIC Annual General Assembly i n
November, a Commission on Guatemalan
Indigenous Peoples has been e s t a b l i s h ed. The f i r s t Commission meeting, h e l d
on January 25th, examined i n depth the
p o s s i b l e e f f o r t s that c o u l d be made by
the Union of B.C. I n d i a n C h i e f s i n support of the Guatemalan I n d i a n people
who are s u f f e r i n g under a long-term
g e n o c i d a l campaign.
The Commission's work, which i s to be
c a r r i e d out on v a r i o u s l e v e l s , w i l l
include:
* The c o l l e c t i o n and t r a n s l a t i o n of
r e l e v a n t i n f o r m a t i o n coming from i n s i d e of Guatemala or from the refugee
camps i n Mexico, and the d i s s e m i n a t i o n
of the i n f o r m a t i o n to members, community
groups and media, where a p p l i c a b l e .
* The response to "urgent a c t i o n r e quests" ( i . e . the s i t u a t i o n s a r i s i n g
which may be of imminent concern or
harm to Indigenous refugees; lobby of
M i n i s t e r s , M.P.'s, Canada's U.N. Ambassador, or a p p r o p r i a t e government o f f i c i a l s
of r e l a t e d c o u n t r i e s where human r i g h t s
of the Indigenous Guatemalans i s s u b j e c t
to debate o r p o l i c y planning.)
* The c o - o r d i n a t i o n of such a c t i o n s w i t h
other concerned groups.
* The encouragement of the World C o u n c i l
of Indigenous Peoples to c a r r y out i t s
mandate from t h e i r 4th General Assembly
to support the Guatemalan I n d i a n people
in their struggle.
* The examination of ways of p r o v i d i n g
m a t e r i a l support f o r t h e i r l i b e r a t i o n
struggle.
Commission members i n c l u d e UBCIC P r e s i d e n t
Chief S a u l T e r r y , C h i e f s Mike Leach, Paddy
Walkus, and Ron Ignace; A r t h u r Manuel,
UBCIC s t a f f members M i l d r e d P o p l a r and
Kathleen B e l l - Y o u n g e r . Two Guatemalan
Indian r e p r e s e n t a t i v e s , L i x (Andres) Lopez
and F r a n c i s c o C a l i , w i l l a l s o be working
w i t h the Commission on a r e g u l a r b a s i s .

GUATEMALAN WORKSHOPS FOR B.C. COMMUNITIES
Two Guatemalan I n d i a n men, f a m i l i a r to
everyone who r e g u l a r l y a t t e n d s p r o v i n c i a l
and n a t i o n a l meetings, are i n the process
of d e v e l o p i n g e d u c a t i o n a l workshops on the
c u r r e n t s i t u a t i o n i n Guatemala.
L i x (Andres)
Lopez, who has worked f o r years w i t h the
World C o u n c i l of Indigenous P e o p l e s , and
F r a n c i s c o C a l i , a refugee from Guatemala,
are p u t t i n g together r e s o u r c e m a t e r i a l i n
order to v i s i t as many I n d i a n communities
as p o s s i b l e d u r i n g the coming months.
The workshops, a p r o j e c t of the c o a l i t i o n
on Guatemala, formed r e c e n t l y between the
Union of B.C. I n d i a n C h i e f s , the U n i t e d
N a t i v e Nations and the C h r i s t i a n Task Force
on C e n t r a l America, w i l l i n c l u d e a v a r i e t y
of a u d i o - v i s u a l m a t e r i a l t h a t has been accumulated both on l i f e w i t h i n the country
and i n the refugee camps i n Mexico.
A s l i d e show prepared by f o l k - r o c k s i n g e r
Bruce Cockburn d u r i n g h i s v i s i t to C e n t r a l
America i s a v a i l a b l e , accompanied by the
music he recorded f o r the show, "Guatemalan
Nightmare."
In a d d i t i o n , there i s a f u l l l e n g t h f e a t u r e f i l m c a l l e d , "When the Mounta i n s Tremble, and another v i d e o on the r e fugees c a l l e d , "The North."
L i x and F r a n c i s c o are hoping to c o - o r d i n a t e
t h e i r v i s i t s to the communities w i t h the
I n d i a n Governments, U.N.N, l o c a l s and the
community Church groups i n o r d e r to c r e a t e
g r e a t e r awareness, support and a c t i o n f o r
the Indigenous peoples of Guatemala.
Any
I n d i a n Governments i n t e r e s t e d i n having them
v i s i t w i t h i n t h e i r t e r r i t o r y , may c o n t a c t
e i t h e r of the two men through the UBCIC
o f f i c e here i n Vancouver.

page 17
MAYAN INDIAN VISITS UBCIC COMMISSION
Out of 7 m i l l i o n people i n Guatemala,
more than 5 m i l l i o n a r e I n d i a n people.
Of t h i s number, t h e r e a r e more than 1
m i l l i o n i n t e r n a l , r e f u g e e s ; 100,000
I n d i a n c h i l d r e n orphaned; over 30,000
widowed women and another 30,000 murdered i n the many r e c e n t y e a r s o f s t r u g g l e .
Of g r e a t e s t concern t o t h e I n d i a n people
i s the massacre o f the e l d e r s who c a r r y
the knowledge of t h e c u l t u r e of the
people...But we cannot o n l y lament f o r
those who have d i e d . The most important t h i n g now i s t o see how we can
defend those who a r e s t i l l l i v i n g .
That was the b a s i c message brought by a
MAYAS r e p r e s e n t a t i v e who v i s i t e d January
25th w i t h the UBCIC C h i e f s Commission on
Guatemalan Indigenous P e o p l e s .
(For
Guatemala, he requested h i s name n o t be
used.) The name MAYAS, b e s i d e s r e f e r r i n g
to t h e dominant I n d i a n N a t i o n i n Guatemal a , a l s o i s an anacronym f o r Movimiento
de Ayuda Y A c c i o n S o l i d a r i a , which means
Movement of Support Help and A c t i o n .

The MAYAS r e p r e s e n t a t i v e e x p l a i n e d h i s
reason f o r v i s i t i n g t h e UBCIC was to
seek support f o r t h e I n d i a n s t r u g g l e i n
h i s country and an awareness of t h e i r
s i t u a t i o n . "The awareness i s u n f o r t u n a t e l y w i t h i n a v e r y p a i n f u l c o n t e x t , " he
e x p l a i n e d , "because of t h e c o n t i n u a l
s u f f e r i n g of our people.
But t h e r e i s
a good p o i n t and i t i s t h a t our people
are r e s i s t i n g . I t i s not the f i r s t time
our people have s u f f e r e d . We have a 450
year h i s t o r y of i t , but we a r e now a r r i v i n g a t the p o i n t where we may achieve our
liberation."
The s t r u g g l e f o r I n d i a n l i b e r a t i o n i n
Guatemala i s not an easy one.
Besides
r e b u i l d i n g the bases of I n d i a n N a t i o n hood and r e c o n s t r u c t i n g an I n d i a n consciousness amidst a s y s t e m a t i c m i l i t a r y
a t t a c k upon the communities, they must
a l s o f i g h t to remain a l i v e through t h e i r
own hunger. As p a r t of the m i l i t a r y
"scorched e a r t h " p o l i c y , t h e army
attempts to n e u t r a l i z e the I n d i a n people
through hunger and the d e s t r u c t i o n of
t h e i r major crops, e s p e c i a l l y c o r n .
Corn f o r the Mayan peoples i s s i m i l a r
to t h e salmon f o r the West Coast peoples
— i t i s food f o r the body, s o u l and the
c u l t u r e of the the people.

Through a l l of t h i s , the MAYAS r e p r e s e n t a t i v e e x p l a i n e d , t h e r e i s a l s o the r e a l i t y
of other r e v o l u t i o n a r y groups w i t h i n t h e
country who do not i n c o r p o r a t e Indigenous
hopes, r e s u l t i n g i n an i n t e r n a l problem
which must be overcome. He s a i d t h e
r e v o l u t i o n a r y groups o f t e n underestimate
the c a p a c i t y o f t h e I n d i a n people and t h i s
must be r e s o l v e d i n order f o r an unders t a n d i n g t o be reached between a l l groups
who wish t o e r a d i c a t e n a t i o n a l o p p r e s s i o n .
The v i s i t o r e x p l a i n e d the v a s t m a j o r i t y of
r e s i s t a n c e i s c a r r i e d out by I n d i a n people,
w h i l e p o l i t i c a l l e a d e r s h i p and d i r e c t i o n
comes from the " l a d i n o " o r mixed-blood
m i n o r i t y who do not have an understanding
or respect f o r Indigenous a s p i r a t i o n s .
S i n c e n e a r l y 80% o f t h e I n d i a n people do
reasons
f p e r sSpanish,
o n a l s a f eand
t y on
r e t uo rn nl yto
not even o
speak
speak
t h e i r I n d i a n language, they a r e c o n s i d e r e d
i l l i t e r a t e by the " l a d i n o s " .
T h i s i n a b i l i t y t o communicate e n t i r e l y i n
Spanish, w h i l e viewed as a weakness by
some, i n f a c t has i t s advantages. The
I n d i a n communities have thus been a b l e t o
m a i n t a i n t h e i r own c u l t u r e and t r a d i t i o n a l
governing a u t h o r i t i e s a l o n g s i d e t h e o f f i c i a l l y imposed system. I n order t o overcome t h e i n t e r n a l d i f f i c u l t i e s amongst t h e
r e v o l u t i o n a r y groups i n Guatemala, MAYAS
and o t h e r I n d i a n groups a r e e l a b o r a t i n g
t h e i r own p o l i t i c a l p h i l o s o p h y and s t r a t e g y .
MAYAS i s examining the development o f two
" c o - e x i s t i n g " n a t i o n s , f o r t h e Guatemalan
or " l a d i n o " people and t h e other f o r the
numerous I n d i a n Nations w i t h i n t h e country,
c o - e x i s t e n c e w i t h s e l f - d e t e r m i n a t i o n . He
brought w i t h him a l e n g t h y document on the
establishment o f a l i b e r a t e d I n d i a n N a t i o n ,
f r e e of e i t h e r l e f t o r r i g h t - w i n g i d e o l o g i e s
which have evolved from the European r e a l i t y . The document, r e c e n t l y d r a f t e d by
h i s people, i s i n the process of being
t r a n s l a t e d and w i l l be summarized i n a
l a t e r Up-Date.
"The c h a l l e n g e t o our people i s so great
i n what we face w i t h a l l our l i m i t a t i o n s ,
the support from the o u t s i d e world so
m i n i m a l , t h a t we r e q u i r e c o - o p e r a t i o n ,
s o l i d a r i t y , from the many other I n d i a n
Nations f o r our s u r v i v a l , " he added. " I n
our s t r u g g l e we a r e t r y i n g to put a flame
to t h e s i l e n t , smoldering f i r e of r e s i s t ance to our o p p r e s s i o n . "

page 18
HUMAN RIGHTS FUND FOR INDIGENOUS PEOPLES
Of interest
to Indian Governments may be
the following
information
contained in a
brochure sent recently
to the Union of
B.C. Indian Chiefs office from London,
England. The information o u t l i n e s the
availability
of political
and
financial
support for those Indian Nations
interested in exposing major issues to the
international community:

The situation of
indigenous peoples today
There are some 200 million indigenous peoples in
the world, living in Australasia, throughout the
Americas, Africa and Asia and in parts of Europe.
They are the original inhabitants. Today they are
amongst the most oppressed, exploited and
marginalised sectors of society and their future is
under threat. In the last decade, however,
indigenous peoples have grown stronger. They are
now forcefully demanding the right to be heard, to
have their way of life respected and to determine
their own development.

Purpose of the fund
The Human Rights Fund for Indigenous Peoples
will enable threatened and oppressed indigenous
peoples to make their human rights problems
better known to the international community and
the general public. It will assist with the travel and
other expenses of representatives of indigenous
peoples to the United Nations Working Group
on Indigenous Populations.

The United Nations and
indigenous peoples
The Working Group on Indigenous Populations of
the United Nations is the only international forum
for the discussion of indigenous peoples' rights. If
it is to function successfully the Working Group
must receive statements from indigenous peoples
from all over the world. At the present a number
of obstacles obstruct this procedure. Most
importantly, the expenses of travel can be
particularly onerous to indigenous peoples; the
official languages of the United Nations are
sometimes unknown to the indigenous peoples and
unfamiliarity with United Nations procedure and
the manner in which to put interventions can act
as a barrier to communications.

Assistance provided
by the fund
In view of these difficulties the help envisaged by
the fund includes the following:
• Financial help towards travel to the Working
Group on Indigenous Populations of the United
Nations Commission on Human Rights, which
takes place annually during the first week of
August in Geneva, Switzerland
• Provision of living expenses during the period
• Advice on presentation of submissions to the
United Nations
• Translation into United Nations working
languages and secretarial support
• The arrangement of visits to other bodies based
in Geneva such as the International Labour
Organisation, the United Nations High
Commission for Refugees, the World Council of
Churches; help with press liaison.

Administration of the fund
The fund is administered by the Anti-Slavery
Society for the Protection of Human Rights which
is a non-governmental organisation with
consultative status at the United Nations. The
Society has been concerned with the issue of
indigenous peoples' rights since 1837.
The disbursement of funds is made after
consultation with an advisory group made up of
representatives of indigenous .peoples and
representatives of NGOs with a concern for the
rights of indigenous peoples.

How to get support
from the fund
Representatives of indigenous peoples who want to
address the United Nations Working Group on
Indigenous Populations and need help with travel
and other expenses, should write to:
Human Rights Fund
The Anti-Slavery Society
180 Brixton Road
London SW9 6AT
You should try to provide information about your
organisation and the kind and amount of support
required.

page 19
SUPPORT NEEDED FOR PEACE INITIATIVE
Caught between the U.S. d e s i r e to
overthrow the r e v o l u t i o n a r y government and the d e s i r e of the S a n d i n i s t a s
to c o n s t r u c t a s i n g l e , u n d i v i d e d and
l i b e r a t e d n a t i o n , the I n d i a n people of
Nicaragua are r e q u e s t i n g i n t e r n a t i o n a l
support f o r a p e a c e f u l s o l u t i o n .
Speaking at a press conference sponsored by Senator Edward Kennedy i n
Washington D.C. on January 29th, Brookl y n R i v e r a , General C o o r d i n a t o r of
M i s u r i s a t a , the o r g a n i z a t i o n r e p r e s e n t i n g the Sumo, Rama and M i s k i t o
I n d i a n people, requested support i n
t h e i r e f f o r t s to n e g o t i a t e a p e a c e f u l
s o l u t i o n t h a t i n c l u d e s the I n d i a n
interests.
"The I n d i a n people are o n l y f i g h t i n g
f o r t h e i r r i g h t s : We have been f i g h t i n g
f o r s u r v i v a l a g a i n s t the n e o c o l o n i a l
p r a c t i c e s of the government. We o n l y
w i s h f o r the r e - e s t a b l i s h m e n t of our
h i s t o r i c r i g h t to our l a n d and autonomy
and f o r p e a c e f u l c o - e x i s t e n c e w i t h other
peoples of the country.
Our f i g h t i s
not of the l e f t or the r i g h t wing,"
R i v e r a s t a t e d , "but f o r the I n d i a n s . "

of the l e f t and the r i g h t i d e o l o g i e s have
long overshadowed the l i f e - t h r e a t e n i n g
s i t u a t i o n of the I n d i a n people and t h e i r
s t r u g g l e to s u r v i v e i n Nicaragua," N a t i o n a l
Congress of American I n d i a n s ' E x e c u t i v e
D i r e c t o r Suzan Shown Harjo d e c l a r e d i n supp o r t of R i v e r a . " I t i s time a l l people pay
a t t e n t i o n to the f u t u r e of the I n d i a n people
and to c a l l upon a l l p a r t i e s to assure t h e i r
f u t u r e and to stop u s i n g them as a p o l i t i c a l
football."
Negotiations f o r a peaceful solution i n
the I n d i a n t e r r i t o r y of Nicaragua were
stalemated s i n c e the f i r s t meeting between
M i s u r i s a t a and the S a n d i n i s t a Government
l a s t November when a Commission was e s t a b l i s h e d to d e f i n e I n d i a n autonomy. M i s u r i s a t a d i s a g r e e d w i t h the make-up of the
government appointed commission, and was
r e q u e s t i n g an independent I n d i a n commission
to d e f i n e "autonomy".
(Since t h i s press conference given by
Brooklyn R i v e r a i n Washington D.C,
a
new date f o r n e g o t i a t i o n s between the
Nicaraguan Government and M i s u r i s a t a r e p r e s e n t a t i v e s has been t e n t a t i v e l y s e t .
A meeting between the two groups w i l l take
p l a c e i n Colombia, South America, March 23
and 24.)

R i v e r a e x p l a i n e d the s t r u g g l e h i s people
are i n v o l v e d i n was r e v o l u t i o n a r y because
" i t i s seeking the l i b e r a t i o n and defense
of I n d i a n s . We want to r e t a i n our e t h n i c
i d e n t i t y and a b o r i g i n a l r i g h t s . We are
now making attempts to work w i t h the
Nicaraguan Government to t r y to f i n d a
p e a c e f u l s o l u t i o n to the e x i s t i n g conflict.
Both r i g h t and l e f t wing f o r c e s
are opposed to t h i s peace process and
have threatened us not o n l y p o l i t i c a l l y
but p h y s i c a l l y as w e l l . "
R i v e r a , who was r e c e n t l y wounded i n bombings of I n d i a n v i l l a g e s i n Nicaragua,
thanked the governments of Canada, France,
Sweden, H o l l a n d and Colombia f o r t h e i r
help i n s e t t i n g up the f i r s t meeting
w i t h the Nicaraguan Government and t h e i r
e f f o r t s to a s s i s t the peace process.
"We ask the help of a l l those people and
o r g a n i z a t i o n s t r u l y concerned w i t h the
I n d i a n s ' p l i g h t i n Nicaragua.
There
w i l l be no n a t i o n a l peace without j u s t i c e
for the indigenous peoples of Nicaragua,"
he s a i d .
"The

East-West i s s u e s and the o b j e c t i v e s

The World Council of Indigenous Peoples Executive Co


UNION OF
B.C. INDIAN CHIEFS
UP-DATE

3rd Floor - 440 West Hastings Telephone: (604) 684-0231
Vancouver, 8.C. V6B 1L1 Tetex: 04-54220

February/March, 1985 ISSUE NO. 12

President’s message:



The Indian fishery in British Cofumbiéa
44 one of most Lmportant nesources
upon which we as Indian Peonge rely.
Ogten we hear it said that if the
AQimon A@SouLCe 6 Aendered extinct,

40 too will the Indian people become
extinet.

Those af you in the communities do not
need to be reminded of the cnportance

of this resource...for you Live because
of the continued existence of your {ish-
ete. Cee cultures ase woven closely
anound a clean environment and healthy
resources. Over the years this relation-
Ship has been deteriorated in the name

of progress with no real concern as to
what effect this progress may have on the
envizonment or on the renewable resources
upon which people rely, especially Indian
People. It 46 in essence "progressive
destruction.”

Bands and Tribal Councils addressing the
AbbUCS Of hazardous wastes of all manner
of industries, domestic wastes which
ampact upon our ain, water, Lands and
upon our peoples, ane to be commended.
Fon it 16 these types of efforts which
help us stop the cndiscriminate pollut-
4on, waste and destruction. Through
ake of this, we should not Lose sight

of the basic struggle we nave with re-
gards to our fishery.

As well as facing these environmental
encroachments, we have had to face

for many years the constant harrass-
memf and atrests for practicing our
aboriginal rights to 4ish. There i
every indication that these occurances
wih not stop. I say this because once

again the Department of Fisheries and
Oceans is changing its regulations to
expand their sphere of assumed authority
over our way of Life.

This type of restrictive action upon our
people 4A no different from those Laws

the Canadian government passed forbidding
Indian People from practising the potlatch.

We must not peunit the neutralization or
elimination of the Indian culture in the
freedom to, uithout hindrance, practise
the traditiona£ way of Life respecting
the use of 44h.

Indian People have a common objective to
the control of their fishery and marine
resources, both offshore and inland,
thereby having an effective involvement
in the enhancement and management of the
(ish and marine resources. This 46 our
common objective regionally, nationally
and, indeed, internationally.

Let us continue to protect our 4ishery
... Fon in doing so, we protect ourselves
and those who follow us into the future.

Chiex Sauk Terry

The First Ministers Conference
on the Constitution will take
place in Ottawa April 2 and 3.
Proceedings will be televised.



page 2





UBCIC HEALTH CAREERS CONFERENCE
One in five Indian children will
die before the age of 4; four of
avery ten Indian adults will die
a violent death; and many more
Indian youth will commit suicide
than anyone cares to contemplate.
But statistics don't die--people
do, and those who remain behind
carry a grief that cannot be
measured.

Since the health status of Indian
people has not altered its appall-
ing course, it is obvious Indian
control of Indian health is an ur-
gent requirement for Indian Govern-
ments. Since funds have become
available to the Union of B.C.
Indian Chiefs to bring together
people interested in the Indian
Health Career field, the UBCIC
will be hosting a Health Careers
Conference in Vancouver on March 26,
27 and 28, 1985.

The Conference will be addressing
various areas in Indian health in-
cluding Health Career opportunities
and Indian Health Policy. All travel
expenses, accomodations and meals
will be provided. The conference
will be held at the Ming Court, 1160
Davie Street, in Vancouver.

For further information please contact
Mildred Poplar or Violet Birdstone at
the UBCIC office at phone #684-0231.





PROVINCIAL COURT JUDGE DECIDES FEDERAL
FISHERIES REGULATIONS SUPERCEDE TRADITIONAL

LAWS IN KAMLOOPS COURT RULING.........0s000.
Traditional laws in place since time im-
memorial to care for and regulate the fish-
eries were disregarded entirely by Kamloops
provincial court Judge Ross Simpson in his
January 30th conviction of four Fountain
Band members.

The four, including Fountain Band Chief
Roger Adolph, were found guilty of illegal
salmon fishing and obstruction of a federal
fisheries officer. Chief Adolph was given
a conditional discharge and placed on a
year's probation for the obstruction charge
which Judge Simpson found was aimed more at
preventing, than creating a confrontation.

UBCIC lawyer Louise Mandell had argued

during the trial aboriginal rights entrenched
in the Constitution were superior to provin-
cial and federal fishing regulations. She
presented evidence that several treaties

and conventions dating back to the Royal
Proclamation of 1763 gave Indian people the
"exclusive right’ to fish the Fraser River.

In the decision handed down by Judge
Simpson, he ruled aboriginal fishing
rights are subject to government fishing
regulations and that the Royal Proclam-
ation of 1763 did not apply to the prov-
ince of British Columbia.

Chief Adolph said the decision failed to
give recognition to the fact Indian people
make their own fishing laws. "Our tradi-
tional laws have been in place since time
immemorial. Fishing is our right and

that right must not be interfered with."

INTERNATIONAL YOUTH YEAR - 1985: Participation, Development and Peace-—those are the
themes of International Youth Year (IYY), as 1985 has been designated by the United
Nations. Around those three themes, the International Youth Yeat is intended to
promote the integration of the concerns and interests of youth (ages 15-24) with those
of the whole society, and, as well, promote the understanding and appreciation of the

contribution young people can and do make.

To coordinate Canada's observance of the

special year, the federal government has established an International Youth Year
Secretariat with the Department of the Secretary of State. In addition, the Ministry
of State for Youth has special project dollars available to mark the year in Canada.
Grants totalling nearly $500,000 have already been allocated for 22 special projects
which will encourage youth to take part in decisions which concern them, and to raise
public awareness of their concerns, aspirations and contributions.

If Indian Governments are aware of youth in their community who wish to put forward
some of the multiple and grave concerns facing them and their future, information
on grants available for them to mark this year is available from Daniel Cayer. (phone

number: 819-994-2424)

Ge TWIN-TRACKING IMPACT UNKNOWN

With 50 percent of all B.C. salmon stocks
originating in the Fraser and Thompson
River systems, and the CN Railway intend-
ing to double-track along those environ-
mentally sensitive river systems, the
issue effects all B.C. Indian people...
not just the 60 reserves located along
its path. The 36 Indian Bands of the
Alliance of Tribal Councils most direct-
ly impacted by the CNR Twin-Tracking Pro-
ject, mainly located alongside the CNR
mainline, have worked and continue to
work long and hard to ensure the con-
struction of the railroad does not inter-
fere with the Indian way of life which,
since time immemorial has depended upon
the rivers to provide food, spiritual

and cultural sustenance.

In a letter dated February 7, 1985, to
the Honorable David Crombie, Minister of
Indian Affairs, Chief Robert Pasco of the
. Oregon Jack Creek Indian Band outlines a
chronology of recent developments regard-
ing the double-tracking:

"The Alliance Bands and other Bands
who are concerned with respect to the
fishery resource met C.N. officials on
January 18, 1985, at Lytton. Mr. Ross

Walker, Vice-President, Mountain Region

was in attendance along with Dr. Owen
Anderson, Regional Director General
(B.C. Region), Senator Len Marchand,
Joe Leask, Head of Reserves and Trusts,
Ottawa. The Bands outlined their
concerns regarding the twin tracking
issue and the meeting ended with an
impasse.

As a result of the impasse a writ of
summons and statement of claim was
issued on behalf of the 36 Bands, who
make up the Alliance, against Canadian
National Railway. The writ was issued
on January 25, 1985, and served on CNR
on the same date. ,

One of the urgent reasons for issuing
the writ was the fact that CNR intended

to commence construction on the Thompson

River (between mile 59.8 to 67.8, Ash-
eroft subdivision) which would directly
affect the Oregon Jack Creek Indian
Band and the Cook's Ferry Indian Band.

Further, Senator Len Marchand saw a

page 3

need to bring the parties back to=
gether in order-to discuss the prob=
lems the Alliance Bands faced. He
consulted with Mr. Ross Walker and
the Bands and arranged another meet~-

‘ing in Vancouver on January 3l, 1985.

At this meeting, the Vice-President
of CNR, Ross Walker, was in atten-
dance together with various CN offic-
tials and lawyers. Dr. Owen Anderson
and other representatives of the

' Department of Indian Affairs were

in attendance as well. At this
meeting, CNR agreed to listen to

the Bands’ concerns and explore
possibilities of modifying their
designs so that the Bands' fishing
rights would not be affected. Fur-
ther, they agreed to delay construc-
tion until March 1, 1985, to give
this process an opportunity to add-
ress the Bands’ concerns.

Accordingly a working group has now
been established, with representat-
ives of CNR, DIAND, and the Chiefs,
to deal with the construction which
affects us most immediately (mile
59.8 to 67.8, Ashcroft subdivision) .
Senator Len Marchand has agreed to

-oversee this process and be avail-

able should this process become
stalemated.

The Alliance of Tribal Councils
does not oppose double tracking as
such. They merely insist that the
second track be constructed in such
a way as not to interfere with our
vested rights. The rights involve
our ability to fish in the rivers
and supply our people with their
daily food sustenance and sustenance
for our way of life. The issues
which face us, and which face CNR
and the Government of Canada, go to
the very heart of our existence as
Indian people.

Since time out of mind we have
fished the rivers in order to pro-
vide ourselves with food, spiritual
and cultural sustenance. Our reli-
ance upon the river and the fish

is a complex interrelated system.
This has not been readily under-
stood by the CNR. In fact, it was

page 4

not until January 31, 1985, at a
meeting with the Alliance Bands,

CNR and the Department of Indian
Affairs, that CNR agreed to lis-

ten to the Bands. For our part,

we promise to do our best to ex-
plain to CNR our use of the river.
What we ask for is that the rail-
road be constructed so that it does
not interfere with our way of life."

With the delay in construction granted by
CNR until March lst, the Alliance of
Tribal Councils temporarily withdrew the
writ of summons and statement of clain.
In the meantime, Chief Pasco, on behalf
of the Alliance, appeared before the
Standing Committee on Fisheries and For-
estry and on Indian Affairs in Ottawa,
February 7th.

As a result of that presentation, the
Standing Committee reached a precedent-
setting unanimous decision to ask Par-
liament for a one-year delay in the
double-tracking. The Committee also
recommended that CN Rail reveal the re-
sults of its own environmental and eco-
nomic impact studies, that the company .
justify the economic benefits of the
project arid that alternatives to the
twin-tracking system be examined.

On February 12th, CNR officials met with
the Parliamentary Standing Committee on
Fisheries in an attempt to counter the
Alliance's success, but apparently raised
more questions than answers insofar as
the twin-track project's impact is con-
cerned. With the House of Commons ad-
journed until February 25th, the motion
was not addressed in the House until
February 27th, at which time a rather
lively and positive debate in favour

of the motion was put forward.

While the Progressive Conservative major-
ity in the Commons was able to block a
vote on the motion, CNR was again requir-
ed to postpone construction until March
15th, since Transportation Minister Don
Mazankowski did not sign the Order-in=
Council required before CNR could pro-
ceed.

Due to the intense debate on the double-
tracking in Parliament, Mazankowski,
along with Cabinet colleague John Fraser,
Minister of Fisheries, the President of

CN Rail Maurice LeClair and Senator Len
Marchand, then met in an all-day session

at the UBCIC offices with representatives

of the Alliance of Tribal Councils and

UBCIC lawyer Leslie Pinder in an attempt to
sort out issues CNR should have been address-
ing years prior.

With the final March 15th deadline for
construction fast approaching, Mazankowski
has still not signed the necessary Order-
in Council for CNR to proceed with the
construction in the critical Ashcroft sec-
tion. Alliance representatives met March
7th in Ottawa with David Crombie, Minister
of Indian Affairs, to remind him of his
legal obligations on behalf of the Alliance
lands and rights and to request a further
meeting with him here in B.C. The full
Cabinet as well is expected to meet on the
issue at any time.



2e=

SENSITIVE AND ( Hl VALeMounT
CRITICAL AREAS }) i 0

MI CRITICAL AREA






\WILLIAMS LAKE. .

KELOWNA e

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Bs
C /HOPE

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CRITICAL ENVIRONMENTAL AREAS ALONG THE
THOMPSON AND FRASER RIVER CORRIDOR....

page 5





ALLIANCE PRESENTATION ON CNR TWIN-TRACKING GAINS UNANIMOUS SUPPORT FROM STANDING COMMITTEE

With a final deadline of March 15th for commencement of construction of the CN Railway
Twin-Tracking Project along the critical 10 mile section south of Ashcroft fast approach-
ing, the Alliance of Tribal Councils was successful in gaining precedent-setting unanim-
ous support from the Standing Committee on Fisheries for a one-year delay. The support
came February 7th after Chief Robert Pasco appeared on behalf of the Alliance of Tribal
Councils in Ottawa.

The motion, which required Parliamentary consent, was stalled in the House of Commons on
February 27th. However, due to the unanimity of the Standing Committee and the intense
and favourable nature of the Parliamentary debate, Transportation Minister Don Mazankow-
ski delayed signing the required Order-in=-Council for CNR to begin construction on March
lst. That date was the end of an agreed month-long delay granted by CNR during discuss—-
ions arranged by Senator Len Marchand with Alliance of Tribal Council representatives.
March L5th is CNR's own deadline, which company representatives suggest is the final date
on which they say they can begin construction.

Due to the significance of this issue, the presentation made by Chief Pasco to the
Standing Committee is re-printed in its entirety:

"The purpose of our appearance before the Standing Committee is

to present the recommendation of the 36 Indian Bands from British
Columbia most directly impacted by the CNR Twin Tracking Project.
These Bands have communities which are located alongside the CNR
mainline. The CNR track passes through about 60 reserves along
the 750 miles between Valemont to Vancouver. The railway plans

to double track over the next 20 years. Most of this occurs along
the environmentally-sensitive Fraser and Thompson Rivers.

A substantial amount of construction work has already been com=-
pleted along some stretches. CN has to date twin-tracked a total
of 222 miles, namely in sections from Edmonton to Valemont. This
constitutes a total one third of 750 miles. There remains 528 miles
of the second track to be completed. We believe there are several
critical issues that require study and evaluation before any fur-
ther work proceeds. For this reason, we wish to make three specific
recommendations.

1. The economic justification for the CNR twin-tracking
be made available to the Alliance of Tribal Councils.

2. That the Alliance of Tribal Councils be supported
politically to complete an objective evaluation of the
many potential impacts the project will have on the
people living in our communities and on the salmon
resources of these rivers.

3. That there be a one year postponement on any further
construction while the social and environmental
implications are assessed.

Because of the large investment to be made in this project over
Many years, we believe some extra time and money spent now can avoid
costly and unnecessary damage to the environment and to the people
living along the track.

The decision to alter the approach the CNR is taking must come from
the Government of Canada for many reasons. The CNR is a crown cor-





page 6



CNR _TWIN-TRACKING continued:

poration. The multi-billion dollar cost will be paid through
changes in Federally-approved freight rates. The responsibility
for Indians and land reserved for Indians rest with the Department
of Indian Affairs. The Department of Environment and Fisheries
have specific resources they are mandated to protect.

Our priority area where the CNR intends to begin construction

is a 10 mile section located south of Ashcroft, along the Thompson
River. This would occur through the reserves and fishing areas

of three Indian bands and would impact important pink salmon and
steelhead habitat. The bands only received the environmental
assessment report prepared by CNR consultants in mid-December.

The CNR intended to start dumping ballast into the river on

15th February.

At a recent meeting, they agreed to postpone the start until

1 March. However, this is far too little time to deal adequately
with the impacts. For example, along this stretch the second
track will be built on the riverside of the existing one. The
CNR report acknowledges that the infilling into the river will
destroy fish habitat but does not suggest how this can be avoided
or mitigated. The CNR and the Department of Fisheries have
agreed to use part of this section as a test area to try to
determine what the impacts will be. However, the Alliance be-
lieves this part of the river is too important to be ‘handled

this way.

This construction will alter the river bank in a great many
locations. This will damage Indian fishing sites and trails
down to.the river. Changes to the flow characteristics of the
river could change the routes the salmon take and make other
sites useless for traditional Indian methods of fishing.

The time to study the river is before the work 46 done, not

after. A one year period is needed to analyze the changes in the
river and to monitor the movements of the fish over a season. The
various locations used by Indian fishermen in response to these
changes can also be documented. At the same time, the construction
plans of the CNR can be analyzed in relation to this information
and changes agreed to by the railway and the bands to prevent
unnecessary damage.

Over 50% of all B.C. sakmon stocks originate in the Fraser and
Thompson River systems. These stocks have declined drastically
over the years as development has occurred along the river valleys.
We must know what the additional effects of double tracking will
be begore the project continues any further. The salmon are an
important food source and cultural factor to the Indian people.

We also have legal fishing rights along the rivers that were
established when the reserves were defined by the Royal Commission
in the 1880's. We must have the time to ensure this renewable
resource and our rights to it are not lost.

We also believe the Alliance must have the independent capability
to evaluate the plans and procedures of ‘the CNR. The environmental
assessments have been vrepared bv CNR in-house consultants working







page i



CNR TWIN-TRACKING continued:

on the Technical Working Group. The terms of reference of the
TWG specifically exclude any consideration of Indian fishing or
heritage sites. The Steering Committee made up of the CNR and
government agency representatives has not included the Department
of Indian Affairs. Therefore the people with the most to lose
because of this project have been excluded from the main decision-
making process to date.

The Alliance bands made many submissions and presentations to
the Environmental Assessment Panel hearings. We would encourage
the Committee members to review the transcripts of the hearings
for more information on these issues. We have attached to this
presentation a copy of a statement of concern that summarizes
many of these.

The Alliance of Tribal Councils has hired professional expertise
to conduct the work necessary to place Indian concerns into the
overall environmental design of CNR's twin tracking program.

The Department of Indian Affairs supports this concept and does
so by providing the necessary resources.

As a concluding remark, I wish to emphasize to the Committee
members that the Alliance of Tribal Councils is prepared to
co-operate fully with the CNR and the regulatory agencies to
arrive at an acceptable approach to the Twin Tracking Project.
We want to see many existing problems with the overations of
the railway corrected. We want to be sure that the best design
45 developed to protect the riven, tne sakmon, and our access
and {ishing sites; not just the cheapest and most expedient
design for the CNR. We have many outstanding property issues
that we intend to resolve with the CNR. These can be dealt with
in a reasonable manner if the Government of Canada and the CNR
will acknowledge our Aboriginal rights are a central factor to
this project and that our communities have much at stake in the
way the project proceeds over the next 20 vears.

I sat as a member of the Environmental Assessment Panel for over

a year until the CNR decided to proceed with the work near Ashcroft
through my reserve land without even meeting with my band. I was
forced to resign to avoid a conflict of interest between my obli-
gations to the Oregon Jack Creek Band and the need for an objective
input into the final report of the panel.

As a panel member, I came to appreciate how manv potential con-
flicts inherent in a major project can be resolved if all parties
take a comprehensive and reasonable approach that accomodates

all interests. I feel Parliament has to force the CNR to take

a broader and more {Lexible view of its mandate and to realize
they have responsibrlities that extend far beyond 90 foot
boundaries of thecr sight of way.”







ae SE SESE ee carning the West Coast Fishing Industry.
The Paliamentary Standing Committee While the deadline for requests to appear
will be travelling to Kamloops, Van- before the Committee is March 15th, Indian
couver, Campbell River, Nanaimo and Governments may still wish to watch for
Prince Rupert from March 23 to April these hearings in the B.C. Communities.

3, 1985, to receive submissions con-







OF B.C. INDIAN CHIEFS COUNCIL
LIANCE ON CNR DELAY

At the Chiefs Council of the Union
of B.C. Indian Chiefs held on March
4,5, and 6, 1985, the following res-
olution was passed urging the Govern-
ment of Canada to comply with their
legal and moral obligation to protect
the exclusive fishing rights of the
Indian people along the Fraser and
Thompson River watersheds.

Telexes of the resolution were sent

to Prime Minister Brian Mulroney, all
relevant Ministers, Leader of the Oppo=-
sition and numerous M.P.'s.

"We respectfully submit this request in
support of the Alliance of Tribal Councils
and those other Indian Nations which wiil
be affected and bearing in mind the strong
recommendation through unanimous vote of
the Parliament's Standing Committee on
Fisheries and Forestry and Indian Affairs.

WHEREAS the C.N. double tracking project
will irreparably affect the fish-
ery of the Musqueam, Sto'lo, Nila'
kampux, Shuswap, Lillooet, Chil-
cotin, Carrier and Sekani Indian
Nations, and




reaty shing rights are subservient
to Federal fisheries laws according to
Nanaimo provincial court Judge Doug
Greer. Despite the Constitution's re-
affirmation of existing aboriginal and
treaty rights, Judge Greer convicted
six Nanaimo Indian Band members of
February 15th for fishing with a net
on the Nanaimo River and doing so with-
out a licence.

The six Nanaimo Band members were
fishing in an area within the bound-
aries of the Douglas Treaty, which
acknowledged fishing and hunting rights
in perpetuity. Judge Greer, however,
interpreted the words "in perpetuity"
to mean: "so long as the Indian people

have the money to pay the fines and appeal
costs for their protracted legal battles
required to defend those rights." UBCIC
lawver Louise Mandell, who represented the
Nanaimo Indian Band members, will appeal
the decision.

WHEREAS further time is required to in-
vestigate more specifically the
a) environmental,

b) social and economic impacts,

¢) economic justification for
proceeding with the project,
and,

d) applicability of modern tech-
nology to improve movement of
goods without double tracking.

THEREFORE BE IT RESOLVED that the Govern-
ment of Canada provide the Indian
people that shall be directly
affected by this rail project
with at least the minimal time
requested (one year) to more
thoroughly and actively invest-
igate the double tracking project
which, as presently planned, will
irreversibly impair their access
to a fundamental right within
their respective homelands.

BE IT FURTHER RESOLVED that the Honorable
David Crombie, Minister of Indian
Affairs, directly intervene with
the Honorable Don Mazenkowski,
Minister of Transport, on the
Indians' behalf in such a way as
to prevent construction from pro-
ceeding which shall interfere
with the Indians' fisheries and
other reserve lands.





PRODUCED BY:





The Alliance of Tribal
Nations, comprising the
Sto:lo and Ni'akapxm Tri-
bal Councils, N. Thomp-
son Band, Deadman Creek
Band and Bonaparte Band.

Copyright 1984










DISTRIBUTED BY:




Coquaileetza Cultural
Education Centre
P.O. Box 370

Sardis, B.C. V2R 1A7
858-7977







THE RIVER IS OUR HOME

The Alliance of Tribal Nations formed in October 1983 out of am urgent
need to save the wild saimon stocks of the Fraser and Thompson Rivers.



Historically, Canada's national railways have severely impacted Indian people
and the Indian way of life. Today our peopie and the saimon face a re-
newed threat as Canadian National Railway completes construction of its
second track through British Columbia. This final stage of the twin tracking
is proceeding through some of Canada's most culturally and environmentally
sensitive regions affecting more than 7,000 Indian people along the river
corridors.

This story is told through the words of our people, visual portrayals of
ancient fishing methods, and actual scientific documentation. it deals with a
very serious issue from a unique and sensitive perspective. 34 minutes.

page 10

LUBICON INDIAN BAND NEED MORE THAN
SPECIAL ENVOY--THEY NEED LAND.....
Caught without a treaty in the midst
of an oil-rich region, the 300 strong
Lubicon Lake Indian Band of Alberta
will need more than a miracle from the
recently appointed special envoy E.
Davey Fulton. Fulton, appointed at
the end of January by DIAND Minister
David Crombie, is to investigate the
Lubicon Lake Indian Band's land claim
which were never surrendered through
treaty.

Since Ottawa promised the Band a reserve
in 1940, but forgot all about it in the
meantime, the Lubicons are now considered
to be "squatters" on their own land by an
antagonistic Alberta government which has
already sold oil leases throughout the
Lubicon territory. Their case caught the
attention of the international community
when the World Council of Churches, meet-
ing in Vancouver in 1983, reported the
province of "Alberta has resorted to
cultural genocide in an effort to chase
Indians off their land."

The Geneva-based Council told a horri-
fying story, accusing the government and
oil companies of nothing less than "offi-
cial terrorism"? WCC director Anwar
Barkat at the time wrote to former Prime
Minister Pierre Trudeau:

"Provincial officials have deliberately
allowed fires in the band's traditional
area to rage unchecked, burning up thous-
ands of acres of boreal forest used by
band members for hunting and trapping.

"Traditional Indian hunting and trapping.
trails have been turned into private oil
company roads...Oil company workers have
been instructed to deliberately scare
game out of the area by firing rifles."
Provincial government officials were also
accused of threatening to bulldoze the
Lubicons' homes if they didn't accept
government housing lots, thereby jeopar-
dizing their land claims.

In February 1982, the Band took ten oil
companies working in the area to court
asking for an injunction to halt further
activity. In November 1982, the judge
rendered a decision that the Indian way
of life no longer exists and thus cannot
be damaged, therefore denying the injunc-
tion. He ordered the Band to pay the

entire court costs and legal fees. The

oil companies are now in a position to use
threats to make immediate collection to
pressure the Band not to take further legal
action.

The Lubicons, however, have continued in
their legal actions and, on January llth,
the Alberta Court of Appeal upheld the
earlier refusal to grant an injunction. The
lawyer for the Band, Kenneth Staroszik,
filed documents on February 18th seeking
permission to appeal the decision to the
Supreme Court of Canada.

The Lubicon Lake Bank, besides seeking the
injunction against Petro-Canada, Dome Petro-
leum and eight other oil companies, is suing
the government for 23,000 hectares of reserve
land and 300,000 acres of hunting and trap-
ping land.

In the meantime, in August of 1984, the
Justice Department finally delivered its
much-delayed legal opinion to the Depart-
ment of Indian Affairs, stating the Band
did not have aboriginal rights, and that it
was entitled only to a reserve under Treaty
8, the Treaty the Lubicons.were originally ~
excluded from decades earlier.

While E. Davey Fulton attempts to mediate
the issue, the Lubicon Lake Indian Band
will attempt to carry its legal battle
against the ten oil companies, the Alberta
and Federal governments all the way to the
Supreme Court.



POLLUTION PREVENTION PAYS SYMPOSTUM
The Hazardous Waste Management Co-
alition will be sponsoring a two-

day symposium, April 13th and 14th

at the Robson Square Media Centre,
beginning each day at 10:30 a.m. Daz.
Donald Huisingh of North Carolina State
University wll be giving a public Lec-
tune §:00p.m. Aprck 13th, A Leading
expert in the field of toxic waste red-
uction and recovery, Dr. Hurisingh will
explain how ecology uith economy 4
technically feasible and economically
beneficial... For further information
on the symposium, contact Darlene
Taylor, environmental health officer
at the UBCIC office (phone: 684-0231]





page ll

MEARES ISLAND INTERVENTION REQUIRED TO REVERSE DECISION ON ABORIGINAL TITLE IN 8.C.

When Justice Reginald Gibbs decided January 25th that Aboriginal title was extinguished
in B.C. at the time of Confederation, he went well beyond the issue of Meares Island
and, without the authority to do so, he decided upon major areas of concern to all
Indian Nations here. For example, Justice Gibbs decided all aboriginal title in the
province had been extinguished before 1871 or, if he was wrong on that point and title
had survived confederation, he ruled the province had the power after confederation to
extinguish aboriginal title by passing general acts of legislation. By enacting the
Forestry Act, he said, the province had extinguished title to the trees.

Subsequently the UBCIC legal department was advised a five-man bench of the Court of
Appeal had been appointed to sit on the Appeal "to decide the issue of aboriginal
tithe once and for abe.”

With this background, the Union of B.C. Indian Chiefs made application to intervene

at the Appeal, together with the Carrier Sekani, the Gitksan Wet'suwet'en and the
Shuswap Tribal Councils, on behalf of twelve Bands, along with the Taku River Tlingits.
The purpose of the intervention was to prove to the Court of Appeal that Mr. Justice
Gibbs was wrong in making his decisions and to urge the Court of Appeal not to decide
the question of aboriginal title until the issue is properly presented in evidence at a
full trial. The intervenors urged the court not decide the case so as .to affect or
prejudice the aboriginal title of other Indian Nations in British Columbia.

In a report to Chiefs Council on March “4th, UBCIC lawyer Louise Mandell submitted the
following information on the Meares Island intervention:

"

The Application to Intervene

On February 19, 1985, Arthur Pape and myself appeared before the Court of

Appeal to make application to intervene. The application of the Union of

B.C. Indian Chiefs was opposed by council for MacMillan Bloedel who argued
the Union did not have any direct interest in the case.

The law on granting to intervenors the right to intervene in a case is
not helpful to us. The courts have developed rules against parties inter-
- vening in actions merely because they have a direct interest in the result
of the case. The courts try to avoid a number of parties joining in actions,
the result of which would be delay. However, we urged the court to allow
the intervenors the right to intervene, not on the particular facts of
Meares Island but on the general public law issues involving aboriginal
title. Our arguments stressed the intervenors had a direct interest
in the case, a different perspective to bring to the issue, and particular
expertise on the question. Our arguments prevailed and all of the inter-
venors were awarded standing, including the Union of B.C. Indian Chiefs.
We were to co-operate by presenting an argument on behalf of all the
intervenors.

One minor step forward is the precedent setting decisions of Mr. Justice
Essen granting us intervenor status. The law of British Columbia has now
improved to permit a wider participation in case effecting aboriginal rights.

The Intervenors Argument

‘We concentrated our argument on three sections: the test to grant an
interlocutory injunction, whether aboriginal title was extinguished before
1871, and whether the province is capable after 1871 to extinguish
aboriginal title through its general powers.



page 12

MEARES ISLAND INTERVENTION continued:

a) The test on interlocutory relief

Interlocutory relief is granted to-a party before trial to prevent
a harm done to them before an issue can be decided on its. merit.
The evidence which would be presented at trial is generally not
before the court at an interlocutory hearing. The court must rely
upon affidavit evidence and an assumption that the facts claimed by
each of the parties in their documents are true.

The usual test on interlocutory relief is whether or not the parties
have an issue to be tried, and whether or not they will suffer irre-
parable harm if the injunction is not granted. Council for MacMillan
Bloedel and for the Province urged the court setting up aboriginal
title against the Province's right to grant resources to companies.
They urged the court to adopt the test that the Indians would likely
succeed at trial, rather than the test of whether there is an arguable
case.

The intervenors argued such a test is completely without precedent,
is unfounded, and is, on the face of it, unfair and somewhat racist.

b) Aboriginal title was not extinguished before 1871

The argument advanced by MacMillan Bloedel and decided by Judge

Gibbs was that the decisions of Mr. Justice Judson in the Calder

case ought to be accepted as the law of British Columbia. In the
Calder case, the court split 3-3 on whether or not aboriginal

title had been extinguished before 1871. Mr. Justice Hall ruled that,
because there was no expression in any legislation which demonstrated
the Crown intended to extinguish aboriginal title, aboriginal title
continued to survive the application of the early B.C. Land Acts.

The judgment of Mr. Justice Judson held that, because the Crown,

acting through the British Columbia legislature, enacted a series

of land acts which assumed the jurisdiction and title to the land to

the province, those land acts themselves had the effect of extinguishing
aboriginal title by implication.

Since the Calder case, a number of judges have followed either
Mr. Justice Hall's or Mr. Justice Judson's decision, recognizing
that the law is umsettled on this point.

Further,. since the Calder case, the Union of B.C. Indian Chiefs,
Dr. Brian Slattery, and a number of other people and organizations
have committed over a decade of research to argue aborginal title
may not be extinguished either by expressed legislation or by
implication, but only with the consent of the Indian nations. This
evidence and argument has never been presented to any court, and
certainly was not decided in the Calder case.

Finally, the authority which establishes the principle that aboriginal
title may be extinguished “at the goodwill of the Crown" comes from
the St. Catherines Milling Case, where the Indian nations were not
represented and where the phrase was interpreting another phrase

with the Royal Proclamation of 1763. This is important for our
purposes. First, in the St. Catherines Milling Case, the courts said
the Royal Proclamation was the source of all rights and decided



‘ page 13

MEARES ISLAND INTERVENTION continued:

c)

accordingly. The court in the Musqueam case has ruled the Royal
Proclamation does not apply to British Columbia. If they should

be right about this, there is no authority which they can rely upon
which establishes that aboriginal title, without reference to the
Proclamation, may be extinguished “at the goodwill of the sovereign."

The intervenors presented the legal arguments, referred to in this
section. In addition, we showed the Court examples of some of the
evidence which we feel is crucial to determining whether the Crown
had the right to extinguish aboriginal title "at their goodwill";
and evidence demonstrating the Crown intended that title survive,
and not be extinguished.

We were very careful in this part of the argument to arouse the
curiosity of the court without showing too much of what we had
gathered in new evidence.

Our argument was that the issue was undecided and not to be sent
to trial for determination.

The existence of aboriginal title after 1871.

It has always been assumed in law that the province has no power to
extinguish aboriginal title through the application of Section 92
powers. In the Calder Case, for example, council for the province
admitted if aboriginal title survived confederation, the province
had done nothing since confederation to extinguish it.

Yet, in 1984 the province was’ strenuously arguing it had power

to extinguish aboriginal title through the application of general
provincial legislation. Council for the province put it this way:
The issue in this case is whether or not aboriginal title is stronger
that the title of the province.

We argued the provincial government completely mischaracterized

the issue. It is not whether or not aboriginal title is stronger
than the province, rather whether aboriginal title is an aspect of
Section 91 (24) and 5.09 of the Constitution Act 1867 and is, there-
for, beyond the reaches of the province.

In argument, the intervenors relied upon the cases involving an
interpretation of Section 91 (24) and Section 109 to show the
issue had not been settled as the province maintained. Further,
we led some, but not all, of the evidence to show that when the.
British North America Act was constructed, it was intended
Indian Affairs and Indian title be placed beyond the reaches of the
province. It was our argument that, to the extent the issue is
unsettled, it ought to be put to trial. However, our view was
that the issue was settled and the province had no power to
extinguish aboriginal title, nor had they cited any authority on
this point which assisted them.

The Likelihood of Success

There were a number of signals from the bench which indicated the intervenors
argument would succeed. At one point, Mr. Justice Lamper asked council for



page 14

MEARES ISLAND INTERVENTION continued:

the province: "What authority do you have to support your view that when-
ever aboriginal title comes in conflict with that of the provinces, the
provinces have to win?" The province had no response to this question.

We hope the application for Meares Island will also succeed. However,

it may be decided against the Bands on the facts. The court might decide
there is harm which will result if the Meares Island application succeeds
and may refuse to grant the injunction on that basis. However, as I
indicated, it is our view the intervenors argument will succeed in any
event.

Should the intervenors argument fail, our recourse would be to apply for
leave to the Supreme Court of Canada. In addition, we could proceed with
the litigation which is pending, raising the evidence which has not yet
been raised and attempt to distinguish a judgment against us on the basis
of new evidence.



FREEDOM EXPRESS TO SUPPORT BIG MOUNTAIN
On April 10th the "Freedom Express" will leave Seattle, Washington, on its way towards
Big Mountain in Arizona. The "Freedom Express" will include a caravan of trucks and
cars that will carry donated foods and other relief supplies to the native people of
Big Mountain. Presentations about the issues affecting those residents of Big Mountain
will be carried out along the route.

Around 14,000 Navajo and Hopi Peoples face forced relocation from their ancestral home-
lands because of an ill-conceived government program authorized by P.L. 93-531, or the
Navajo-Hopi Land Settlement Act, which was passed by a largely misinformed U.S. Congress
in 1974, Multinational mining interests were largely responsible for the Act's passage.
Uranium, coal and oil underlie much of the native peoples' lands in the area. Such large
corporations as Kerr McGee, Peabody Coal and Exxon have been vying for lease agreements ©
to develop these resources.

Because human life and human rights are more important than profits, the first ‘Freedom
Express’ is being launched with the intention of raising needed donations, as well as
public awareness of this issue. Very few people are aware of the struggle of the Hopi
and Navajo living in the Big Mountain and who are facing this relocation.

When the Settlement Act was passed by Congress, they greatly underestimated the full
scale of its negative impacts. Cost overruns for this program alone total nearly half

a billion dollars, and the costs in terms of human life and suffering cannot be measured.
For these reasons the "Freedom Express" has been formed to
address these blatant human rights violations and help to
secure for the Indian people of Big Mountain their rights
to the land they have lived on for hundreds of years.

The 'Freedom Express'' is sponsored by the Freedom Fund of
Seattle. Also involved in this project are the Native
American communities located along the caravan route, and
the Big Mountain Support Groups. For further information
on the caravan and how to participate, please contact:

A. Quarto of the Freedom Fund in Seattle at the following
phone number: 206-323-5338.



UNION OF B.C. (INDIAN CHIEFS FORM
OO

T-SHIRTS
Infants: these nave been our hottescd seedling «tema.

18 an 24 months - Blue on red, $4.00
‘rath!
Smatl, nedium on Lange - whete and red. $6.00

and jor those of us uho can no Zonger squeeze into Youth... /
aD
Smai2, mediua, large, and x-darge - Slug on red. 36.00
ACT. CN Bt ANIMEDS,

"ETRST VATIONS SELF GOVERNMENT™ [985 action cLanner.
Good jon” Reepang Craak of unere you wean'’t out snoudd've Ooeen.

EE Cees,
Slug cn xed

Good ‘on Fomsat cewsGatues, 3140eds, Chiat, CerUeeEALi...

LAIR AM _ CPN PME _ SE _ACS,
Lai 2

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Be eS i OS ees

Téeation Budleti
George Manugd Posters





$6.00

32.50

$2.90

$75.00
$5.00

$5.90
$3.00



URDER FORM
PRoaase mail your, onder ta the: Union of 3.C. Indian Chiesa
oot Jéet “detaege Lokeet
(ties. 1... YM '.-

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page 16
COMMISSION ON GUATEMALA MEETS

‘In response to a resolution passed at
the UBCIC Annual General Assembly in
November, a Commission on Guatemalan
Indigenous Peoples has been establish-
ed. The first Commission meeting, held
on January 25th, examined in depth the
possible efforts that could be made by
the Union of B.C. Indian Chiefs in sup-
port of the Guatemalan Indian people
who are suffering under a long-term
genocidal campaign.

The Commission's work, which is to be
carried out on various levels, will
include:

* The collection and translation of
relevant information coming from in-
side of Guatemala or from the refugee
camps in Mexico, and the dissemination
of the information to members, community
groups and media, where applicable.

* The response to "urgent action re-
quests'' (i.e. the situations arising
which may be of imminent concern or

harm to Indigenous refugees; lobby of
Ministers, M.P.'s, Canada's U.N. Ambas-
sador, or appropriate government officials
of related countries where human rights

of the Indigenous Guatemalans is subject
to debate or policy planning.)

* The co-ordination of such actions with
other concerned groups.

* The encouragement of the World Council
of Indigenous Peoples to carry out its
mandate from their 4th General Assembly
to support the Guatemalan Indian people
in their struggle.

* The examination of ways of providing
material support for their liberation
struggle.

Commission members include UBCIC President
Chief Saul Terry, Chiefs Mike Leach, Paddy
Walkus, and Ron Ignace; Arthur Manuel,
UBCIC staff members Mildred Poplar and
Kathleen Bell-Younger. Two Guatemalan
Indian representatives, Lix (Andres) Lopez
and Francisco Cali, will also be working
with the Commission cn a regular basis.

yw Yay















GUA WORKSHOPS FOR B.C. COMMUNITIES
Two Guatemalan Indian men, familiar to
everyone who regularly attends provincial
and national meetings, are in the process
of developing educational workshops on the
current situation in Guatemala. Lix (Andres)
Lopez, who has worked for years with the
World Council of Indigenous Peoples, and
Francisco Cali, a refugee from Guatemala,
are putting together resource material in
order to visit as many Indian communities
as possible during the coming months.

The workshops, a project of the coalition
on Guatemala, formed recently between the
Union of B.C. Indian Chiefs, the United
Native Nations and the Christian Task Force
on Central America, will include a variety
of audio-visual material that has been ac-
cumulated both on life within the country
and in the refugee camps in Mexico.

A slide show prepared by folk-rock singer
Bruce Cockburn during his visit to Central
America is available, accompanied by the
music he recorded for the show, "Guatemalan
Nightmare." In addition, there is a full-
length feature film called, "When the Mount-
ains Tremble, and another video on the re=-
fugees called, ''The North."

Lix and Francisco are hoping to co-ordinate
their visits to the communities with the
Indian Governments, U.N.N. locals and the
community Church groups in order to create
greater awareness, support and action for
the Indigenous peoples of Guatemala. Any
Indian Governments interested in having them
visit within their territory, may contact
either of the two men through the UBCIC
office here in Vancouver.

MAYAN INDIAN VISITS UBCIC COMMISSION
Out of 7 million people in Guatemala,
more than 5 million are Indian people.
Of this number, there are more than 1
million internal. refugees; 100,900

‘ Indian children orphaned; over 30,000
widowed women and another 30,000 murder-
ed in the many recent years of struggle.
Of greatest concern to the Indian people
is the massacre of the elders who carry
the knowledge of the culture of the
people...But we cannot only lament for
those who have died. The most import-
ant thing now is to see how we can
defend those who are still living.

That was the basic message brought by a
MAYAS representative who visited January
25th with the UBCIC Chiefs Commission on
Guatemalan Indigenous Peoples. (For reas-
sons of personal safety on return to
Guatemala, he requested his name not be
used.) The name MAYAS, besides referring
to the dominant Indian Nation in Guatema-
la, also is an anacronym for Movimiento
de Ayuda Y Accion Solidaria, which means
Movement of Support Help and Action.

The MAYAS representative explained his
reason for visiting the UBCIC was to

seek support for the Indian struggle in
his country and an awareness of their
situation. "The awareness is unfortun-
ately within a very painful context," he
explained, 'because of the continual
suffering of our people. But there is

a good point and it is that our people
are resisting. It is not the first time
our people have suffered. We have a 450
year history of it, but we are now arriv-
ing at the point where we may achieve our
liberation."

The struggle for Indian liberation in
Guatemala is not an easy one. Besides
rebuilding the bases of Indian Nation=-
hood and reconstructing an Indian cons-
ciousness amidst a systematic military

, attack upon the communities, they must
also fight to remain alive through their
own hunger. As part of the military
"scorched earth" policy, the army
attempts to neutralize the Indian people
through hunger and the destruction of
their major crops, especially corn.

Corn for the Mayan peoples is similar

to the salmon for the West Coast peoples
--it is food for the body, soul and the
culture of the the people.

page 17

Through all of this, the MAYAS represent-
ative explained, there is also the reality
of other revolutionary groups within the
country who do not incorporate Indigenous
hopes, resulting in an internal problem
which must be overcome. He said the
revolutionary groups often underestimate
the capacity of the Indian people and this
must be resolved in order for an under=-
standing to be reached between all groups
who wish to eradicate national oppression.

The visitor explained the vast majority of
resistance is carried out by Indian people,
while political leadership and direction
comes from the “ladino" or mixed-blood
minority who do not have an understanding
or respect for Indigenous aspirations.
Since nearly 80% of the Indian people do
not even speak Spanish, and speak only
their Indian language, they are considered
illiterate by the "ladinos".

This inability to communicate entirely in
Spanish, while viewed as a weakness by
some, in fact has its advantages. The
Indian communities have thus been able to
maintain their own culture and traditional
governing authorities alongside the offic-
ially imposed system. In order to over-
come the internal difficulties amongst the
revolutionary groups in Guatemala, MAYAS
and other Indian groups are elaborating
their own political philosophy and strategy.

MAYAS is examining the development of two
"co-existing" nations, for the Guatemalan
or "ladino" people and the other for the
numerous Indian Nations within the country,
co-existence with self-determination. He
brought with him a lengthy document on the
establishment of a liberated Indian Nation,
free of either left or right-wing ideologies
which have evolved from the European real-
ity. The document, recently drafted by
his people, is in the process of being
translated and will be summarized in a
later Up-Date.

"The challenge to our people is so great
in what we face with all our limitations,
the support from the outside world so
minimal, that we require co-operation,
solidarity, from the many other Indian
Nations for our survival," he added. “In
our struggle we are trying to put a flame
to the silent, smoldering fire of resist-
ance to our oppression. "

ee ee

page 18

HUMAN RIGHTS FUND FOR INDIGENOUS PEOPLES

Of interest to Indian Governments may be
the following information contained in a
brochure sent recently to the Union of
B.C. Indian Chieks office from London,
England. The information outlines the
availabibity of political and financial
support for those Indian Nations inter-
ested in exposing major issues to the
Antennationak community:







The situation of
indigenous peoples today

There are some 200 million indigenous peoples in
the world, living in Australasia, throughout the
Americas, Africa and Asia and in parts of Europe.
They are the original inhabitants. Today they are
amongst the most oppressed, exploited and
marginalised sectors of society and their future is
under threat. In the last decade, however,
indigenous peoples have grown stronger. They are
now forcefully demanding the right to be heard, to
have their way of life respected and to determine
their own development.

Purpose of the fund

The Human Rights Fund for Indigenous Peoples
will enable threatened and oppressed indigenous
peoples to make their human rights problems
better known to the international community and
the general public. It will assist with the travel and
other expenses of representatives of indigenous
peoples to the United Nations Working Group

on Indigenous Populations.

The United Nations and
indigenous peoples

The Working Group on Indigenous Populations of
the United Nations is the only international forum
for the discussion of indigenous peoples’ rights. If
it is to function successfully the Working Group
must receive statements from indigenous peoples
from all over the world. At the present a number
of obstacles obstruct this procedure. Most
importantly, the expenses of travel can be
particularly onerous to indigenous peoples; the
official languages of the United Nations are
sometimes unknown to the indigenous peoples and
unfamiliaricy with United Nations procedure and
the manner in which to put interventions can act
as a barrier to communications.











| Assistance provided

by the fund

In view of these difficulties the help envisaged by
the fund includes the following:

@ Financial help towards travel to the Working
Group on Indigenous Populations of the United
Nations Commission on Human Rights, which
takes place annually during the first week of
August in Geneva, Switzerland

® Provision of living expenses during the period

@ Advice on presentation of submissions to the
United Nations

@® Translation into United Nations working
languages and secretarial support

@ The arrangement of visits to other bodies based
in Geneva such as the International Labour
Organisation, the United Nations High
Commission for Refugees, the World Council of
Churches; help with press liaison.

Administration of the fund

The fund is administered by the Anti-Slavery
Society for the Protection of Human Rights which
is a non-governmental organisation with

- consultative status at the United Nations. The

Society has been concerned with the issue of
indigenous peoples’ rights since 1837.

The disbursement of funds is made after
consultation with an advisory group made up of
representatives of indigenous peoples and
representatives of NGOs with a concern for the
rights of indigenous peoples.

How to get support
from the fund

Representatives of indigenous peoples who want to
address the United Nations Working Group on
Indigenous Populations and need help with travel
and other expenses, should write to:

Human Rights Fund

The Anti-Slavery Society
180 Brixton Road «
I.ondon SW9 6AT ~

You should try to provide information about your
organisation and the kind and amount of support
required.



Peaobe Between he U.S. desire to

overthrow the revolutionary govern=
ment and the desire of the Sandinistas
to construct a single, undivided and
liberated nation, the Indian people of
Nicaragua are requesting international
support for a peaceful solution.

Speaking at a press conference spon-
sored by Senator Edward Kennedy in
Washington D.C. on January 29th, Brook-
lyn Rivera, General Coordinator of
Misurisata, the organization repres=-
enting the Sumo, Rama and Miskito
Indian people, requested support in
their efforts to negotiate a peaceful
solution that includes the Indian
interests.

"The Indian people are only fighting

for their rights: We have been fighting
for survival against the neocolonial
practices of the government. We only
wish for the re-establishment of our
historic right to our land and autonomy
and for peaceful co-existence with other
peoples of the country. Our fight is
not of the left or the right wing,”
Rivera stated, “but for the Indians."

Rivera explained the struggle his people
are involved in was revolutionary because
"it is seeking the liberation and defense
of Indians. We want to retain our ethnic
identity and aboriginal rights. We are
now making attempts to work with the
Nicaraguan Government to try to find a
peaceful solution to the existing con~
flict. Both right and left wing forces
are opposed to this peace process and
have threatened us not only politically
but physically as well."

Rivera, who was recently wounded in bomb-
ings of Indian villages in Nicaragua,
thanked the governments of Canada, France,
Sweden, Holland and Colombia for their
help in setting up the first meeting

with the Nicaraguan Government and their
efforts to assist the peace process.

"We ask.the help of all those people and
organizations truly concerned with the
Indians’ plight in Nicaragua. There
will be no national peace without justice
for the indigenous peoples of Nicaragua,”
he said.

"The East-West issues and the objectives

page 19

of the left and the right ideologies have
long overshadowed the life-threatening
situation of the Indian people and their
struggle to survive in Nicaragua," National
Congress of American Indians' Executive
Director Suzan Shown Harjo declared in sup-
port of Rivera. "It is time all people pay
attention to the future of the Indian people
and to call upon all parties to assure their
future and to stop using them as a political
football."

Negotiations for a peaceful solution in

the Indian territory of Nicaragua were
stalemated since the first meeting between
Misurisata and the Sandinista Government
last November when a Commission was estab-
lished to define Indian autonomy. Misur-
isata disagreed with the make-up of the
government appointed commission, and was
requesting an independent Indian commission
to define "autonomy".

(Since this press conference given by
Brooklyn Rivera in Washington D.C., a

new date for negotiations between the
Nicaraguan Government and Misurisata rep-
resentatives has been tentatively set.

A meeting between the two groups will take
place in Colombia, South America, March 23
and 24.)



The World Council of Indigenous Peoples

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(Slices, © OSE Gg Didet 4) oe
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UNION OF
B.C. INDIAN C H I E F S
UP-DATE
3rd Floor • 440 West Hastings
Vancouver, B.C. V6B 1L1
February/March, 1985
P r e s i d e n t ' s

I S S U E NO. 12

m e s s a g e s

The Indian fishery
In British
Columbia,
is one. of most Important
resources
upon which we. as Indian People,
rely.
Often we hear it said that if the.
resource
is rendered
extinct,
40 too will the. Indian people, become
extinct.

salmon

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

again the Department of Fisheries
and
Oceans is changing its regulations
to
expand their sphere of assumed
authority
over our way oh
Life.
This type of restrictive
action upon our
people is no different from those laws
the Canadian government passed
forbidding
Indian People from practising
the
potlatch.

Those of you in the communities do not
need to be reminded of the. importance,
We must not permit the
neutralization
or
of this resource... for you live, because
of the continued
existence
of yourfishery.Our
eliminationcultures
of the
areIndian
wovenculture
closelyin the
around a clean environment and healthy
freedom to, without hindrance,
practise
resources.
Oven. the. years this
relationthe traditional
way of Life
respecting
ship has been deteriorated
in the. name,
the use of
fish.
oh progress with no real concern as to
what effect this progress may have, on the
Indian People have a common objective
to
environment or on the renewable r e s o u r c e s
the control
of their fishery
and marine
upon which people rely,
especially
Indian
resources,
both offshore
and inland,
People.
It is in essence,
"progressive
thereby having an effective
involvement
destruction."
in the enhancement and management of the
fish and marine resources.
This is our
common objective
regionally,
nationally
and, indeed,
internationally.
Bands and Tribal Councils addressing
the
issues of hazardous wastes of all manner
Let us continue to protect our
fishery
of industries,
domestic wastes which
impact upon our air, water, lands and
...for
in doing so, we protect
ourselves
upon our peoples,
are to be commended.
and those who follow us into the
future.
For it is these types of efforts
which
kelp us stop the indiscriminate
pollutChief Saul Terry
ion, waste and destruction.
Through
all of this, we should not lose
sight
of the basic struggle
we have with regards to our
fishery.
The F i r s t M i n i s t e r s Conference
As well as facing these
environmental
on the C o n s t i t u t i o n w i l l take
encroachments,
we have had to face
p l a c e i n Ottawa A p r i l 2 and 3.
for many years the constantharassmentand arrests
for practicing
Proceedings
w i l l be tour
elevised.
aboriginal
rights
to fish.
There is
every indication
that these
occurances
will not stop. I say this because once

page 2
UBCIC HEALTH CAREERS CONFERENCE
One i n five Indian c h i l d r e n w i l l
die before the age of 4; four of
every ten I n d i a n a d u l t s w i l l d i e
a v i o l e n t death; and many more
I n d i a n youth w i l l commit s u i c i d e
than anyone cares to contemplate.
But s t a t i s t i c s don't d i e — p e o p l e
do, and those who remain behind
c a r r y a g r i e f t h a t cannot be
measured.
Since the h e a l t h s t a t u s of I n d i a n
people has not a l t e r e d i t s a p p a l l ing course, i t i s obvious Indian
c o n t r o l of I n d i a n h e a l t h i s an u r gent requirement f o r I n d i a n Governments. Since funds have become
a v a i l a b l e to the Union of B.C.
I n d i a n C h i e f s to b r i n g together
people i n t e r e s t e d i n the I n d i a n
H e a l t h Career f i e l d , the UBCIC
w i l l be h o s t i n g a H e a l t h Careers
Conference i n Vancouver on March 26,
27 and 28, 1985.
The Conference w i l l be addressing
v a r i o u s areas i n I n d i a n h e a l t h i n c l u d i n g H e a l t h Career o p p o r t u n i t i e s
and Indian H e a l t h P o l i c y . A l l t r a v e l ,
expenses, accomodations and meals
w i l l be p r o v i d e d . The conference
w i l l be h e l d at the Ming Court, 1160
Davie S t r e e t , i n Vancouver.
For f u r t h e r i n f o r m a t i o n please c o n t a c t
M i l d r e d P o p l a r or V i o l e t B i r d s t o n e at
the UBCIC o f f i c e a t phone #684-0231.

PROVINCIAL COURT JUDGE DECIDES FEDERAL
FISHERIES REGULATIONS SUPERCEDE TRADITIONAL
LAWS IN KAML0OPS COURT RULING
T r a d i t i o n a l laws i n p l a c e s i n c e time immemorial to care f o r and r e g u l a t e the f i s h e r i e s were d i s r e g a r d e d e n t i r e l y by Kamloops
p r o v i n c i a l court Judge Ross Simpson i n h i s
January 30th c o n v i c t i o n of f o u r Fountain
Band members.
The f o u r , i n c l u d i n g Fountain Band C h i e f
Roger Adolph, were found g u i l t y of i l l e g a l
salmon f i s h i n g and o b s t r u c t i o n of a f e d e r a l
f i s h e r i e s o f f i c e r . Chief Adolph was g i v e n
a c o n d i t i o n a l d i s c h a r g e and placed on a
year's p r o b a t i o n f o r the o b s t r u c t i o n charge
which Judge Simpson found was aimed more at
p r e v e n t i n g , than c r e a t i n g a c o n f r o n t a t i o n .
UBCIC lawyer L o u i s e Mandell had argued
d u r i n g the t r i a l a b o r i g i n a l r i g h t s entrenched
i n the C o n s t i t u t i o n were s u p e r i o r to p r o v i n c i a l and f e d e r a l f i s h i n g r e g u l a t i o n s . She
presented evidence t h a t s e v e r a l t r e a t i e s
and conventions d a t i n g back to the Royal
Proclamation of 1763 gave I n d i a n people the
" e x c l u s i v e r i g h t " to f i s h the F r a s e r R i v e r .
In the d e c i s i o n handed down by Judge
Simpson, he r u l e d a b o r i g i n a l f i s h i n g
r i g h t s are s u b j e c t to government f i s h i n g
r e g u l a t i o n s and t h a t the Royal Proclama t i o n of 1763 d i d not apply to the provi n c e of B r i t i s h Columbia.
Chief Adolph s a i d the d e c i s i o n f a i l e d to
g i v e r e c o g n i t i o n to the f a c t Indian people
make t h e i r own f i s h i n g laws. "Our t r a d i t i o n a l laws have been i n p l a c e s i n c e time
immemorial. F i s h i n g i s our r i g h t and
that r i g h t must not be i n t e r f e r e d w i t h . "

INTERNATIONAL YOUTH YEAR - 1985:
P a r t i c i p a t i o n , Development and P e a c e — t h o s e are the
themes of I n t e r n a t i o n a l Youth Year (IYY), as 1985 has been designated by the U n i t e d
Nations. Around those three themes, the I n t e r n a t i o n a l Youth Yeat i s intended to
promote the i n t e g r a t i o n of the concerns and i n t e r e s t s of youth (ages 15-24) w i t h those
of the whole s o c i e t y , and, as w e l l , promote the understanding and a p p r e c i a t i o n of the
c o n t r i b u t i o n young people can and do make. To coordinate Canada's observance of the
s p e c i a l year, the f e d e r a l government has e s t a b l i s h e d an I n t e r n a t i o n a l Youth Year
S e c r e t a r i a t w i t h the Department of the S e c r e t a r y of S t a t e . I n a d d i t i o n , the M i n i s t r y
of State f o r Youth has s p e c i a l p r o j e c t d o l l a r s a v a i l a b l e to mark the year i n Canada.
Grants t o t a l l i n g n e a r l y $500,000 have a l r e a d y been a l l o c a t e d f o r 22 s p e c i a l p r o j e c t s
which w i l l encourage youth to take p a r t i n d e c i s i o n s which concern them, and to r a i s e
p u b l i c awareness of t h e i r concerns, a s p i r a t i o n s and c o n t r i b u t i o n s .
I f Indian Governments are aware of youth i n t h e i r community who wish to put forward
some of the m u l t i p l e and grave concerns f a c i n g them and t h e i r f u t u r e , i n f o r m a t i o n
on grants a v a i l a b l e f o r them to mark t h i s year i s a v a i l a b l e from D a n i e l Cayer. (phone
number: 819-994-2424)

page 3
CNR TWIN-TRACKING IMPACT UNKNOWN
With 50 percent o f a l l B.C. salmon s t o c k s
o r i g i n a t i n g i n t h e F r a s e r and Thompson
R i v e r systems, and the CN Railway i n t e n d ing t o d o u b l e - t r a c k along those e n v i r o n m e n t a l l y s e n s i t i v e r i v e r systems, t h e
i s s u e e f f e c t s a l l B.C. I n d i a n people...
not j u s t the 60 r e s e r v e s l o c a t e d a l o n g
i t s path. The 36 I n d i a n Bands o f the
A l l i a n c e o f T r i b a l C o u n c i l s most d i r e c t l y impacted by t h e CNR Twin-Tracking P r o j e c t , m a i n l y l o c a t e d a l o n g s i d e the CNR
m a i n l i n e , have worked and c o n t i n u e t o
work l o n g and hard to ensure the cons t r u c t i o n of the r a i l r o a d does n o t i n t e r f e r e w i t h t h e I n d i a n way of l i f e which,
s i n c e time immemorial has depended upon
the r i v e r s to p r o v i d e food, s p i r i t u a l
and c u l t u r a l sustenance.
I n a l e t t e r dated February 7, 1985, t o
the Honorable David Crombie, M i n i s t e r o f
I n d i a n A f f a i r s , C h i e f Robert Pasco o f t h e
Oregon Jack Creek I n d i a n Band o u t l i n e s a
chronology of r e c e n t developments r e g a r d ing the d o u b l e - t r a c k i n g :
"The A l l i a n c e Bands and other Bands
who a r e concerned w i t h r e s p e c t to t h e
f i s h e r y r e s o u r c e met C.N. o f f i c i a l s on
January 18, 1985, a t L y t t o n . Mr. Ross
Walker, V i c e - P r e s i d e n t , Mountain Region
was i n attendance along w i t h Dr. Owen
Anderson, R e g i o n a l D i r e c t o r G e n e r a l
(B.C. Region), Senator Len Marchand,
Joe Leask, Head o f Reserves and T r u s t s ,
Ottawa. The Bands o u t l i n e d t h e i r
concerns r e g a r d i n g the t w i n t r a c k i n g
i s s u e and t h e meeting ended w i t h an
impasse.
As a r e s u l t of the impasse a w r i t o f
summons and statement of c l a i m was
i s s u e d on b e h a l f of the 36 Bands, who
make up the A l l i a n c e , a g a i n s t Canadian
N a t i o n a l Railway.
The w r i t was i s s u e d
on January 25, 1985, and served on CNR
on the same date.
One of the urgent reasons f o r i s s u i n g
the w r i t was t h e f a c t that CNR intended
to commence c o n s t r u c t i o n on the Thompson
R i v e r (between m i l e 59.8 to 67.8, A s h c r o f t s u b d i v i s i o n ) which would d i r e c t l y
a f f e c t t h e Oregon Jack Creek I n d i a n
Band and the Cook's F e r r y I n d i a n Band.
F u r t h e r , Senator Len Marchand saw a

need to b r i n g t h e p a r t i e s back t o gether i n order t o d i s c u s s t h e problems the A l l i a n c e Bands faced. He
c o n s u l t e d w i t h Mr. Ross Walker and
the Bands and arranged another meeting i n Vancouver on January 31, 1985.
At t h i s meeting, the V i c e - P r e s i d e n t
of CNR, Ross Walker, was i n a t t e n dance together with- v a r i o u s CN o f f i c i a l s and lawyers. Dr. Owen Anderson
and o t h e r r e p r e s e n t a t i v e s o f the
Department o f I n d i a n A f f a i r s were
i n attendance as w e l l . A t t h i s
meeting, CNR agreed to l i s t e n to
the Bands' concerns and e x p l o r e
p o s s i b i l i t i e s of m o d i f y i n g t h e i r
designs so t h a t t h e Bands' f i s h i n g
r i g h t s would n o t be a f f e c t e d . F u r t h e r , they agreed to d e l a y c o n s t r u c t i o n u n t i l March 1, 1985, t o g i v e
t h i s process an o p p o r t u n i t y t o addr e s s the Bands' concerns.
A c c o r d i n g l y a working group has now
been e s t a b l i s h e d , w i t h r e p r e s e n t a t i v e s o f CNR, DIAND, and t h e C h i e f s ,
to d e a l w i t h the c o n s t r u c t i o n which
a f f e c t s us most immediately (mile
59.8 to 67.8, A s h c r o f t s u b d i v i s i o n ) .
Senator Len Marchand has agreed t o
oversee t h i s process and be a v a i l a b l e should t h i s process become
stalemated.
The A l l i a n c e o f T r i b a l C o u n c i l s
does not oppose double t r a c k i n g as
such. They merely i n s i s t t h a t t h e
second t r a c k be c o n s t r u c t e d i n such
a way as not t o i n t e r f e r e w i t h our
v e s t e d r i g h t s . The r i g h t s i n v o l v e
our a b i l i t y t o f i s h i n t h e r i v e r s
and supply our people w i t h t h e i r
d a i l y food sustenance and sustenance
for our way o f l i f e . The i s s u e s
which face us, and which face CNR
and t h e Government o f Canada, go to
the v e r y heart o f our e x i s t e n c e as
I n d i a n people.
S i n c e time out of mind we have
f i s h e d the r i v e r s i n order to prov i d e o u r s e l v e s w i t h food, s p i r i t u a l
and c u l t u r a l sustenance. Our r e l i ance upon t h e r i v e r and the f i s h
i s a complex i n t e r r e l a t e d system.
T h i s has not been r e a d i l y understood by the CNR. I n f a c t , i t was

page 4
not u n t i l January 31, 1985, at a
meeting w i t h the A l l i a n c e Bands,
CNR and the Department of I n d i a n
A f f a i r s , that CNR agreed to l i s ten to the Bands. For our p a r t ,
we promise to do our best to exp l a i n to CNR our use of the r i v e r .
What we ask f o r i s t h a t the r a i l road be c o n s t r u c t e d so t h a t i t does
not i n t e r f e r e w i t h our way of l i f e . "
With the delay i n c o n s t r u c t i o n granted by
CNR u n t i l March 1 s t , the A l l i a n c e of
T r i b a l C o u n c i l s t e m p o r a r i l y withdrew the
w r i t of summons and statement of c l a i m .
In the meantime, C h i e f Pasco, on b e h a l f
of the A l l i a n c e , appeared before the
Standing Committee on F i s h e r i e s and F o r e s t r y and on I n d i a n A f f a i r s i n Ottawa,
February 7th.

CN R a i l Maurice L e C l a i r and Senator Len
Marchand, then met i n an a l l - d a y s e s s i o n
at the UBCIC o f f i c e s w i t h r e p r e s e n t a t i v e s
of the A l l i a n c e of T r i b a l C o u n c i l s and
UBCIC lawyer L e s l i e Pinder i n an attempt to
s o r t out i s s u e s CNR should have been addressing years p r i o r .
With the f i n a l March 15th d e a d l i n e f o r
c o n s t r u c t i o n f a s t approaching, Mazankowski
has s t i l l not signed the necessary Orderi n C o u n c i l f o r CNR to proceed w i t h the
c o n s t r u c t i o n i n the c r i t i c a l A s h c r o f t sect i o n . A l l i a n c e r e p r e s e n t a t i v e s met March
7th i n Ottawa w i t h David Crombie, M i n i s t e r
of I n d i a n A f f a i r s , to remind him of h i s
l e g a l o b l i g a t i o n s on b e h a l f of the A l l i a n c e
lands and r i g h t s and to request a f u r t h e r
meeting w i t h him here i n B.C.
The f u l l
Cabinet as w e l l i s expected to meet on the
, i s s u e at any time.

As a r e s u l t of that p r e s e n t a t i o n , the
Standing Committee reached a precedents e t t i n g unanimous d e c i s i o n to ask Parliament f o r a one-year delay i n the
d o u b l e - t r a c k i n g . The Committee a l s o
recommended that CN R a i l r e v e a l the r e s u l t s of i t s own environmental and economic impact s t u d i e s , that the company .
j u s t i f y the economic b e n e f i t s of the
p r o j e c t and t h a t a l t e r n a t i v e s to the
t w i n - t r a c k i n g system be examined.
On February 12th, CNR o f f i c i a l s met w i t h
the P a r l i a m e n t a r y Standing Committee on
F i s h e r i e s i n an attempt to counter the
A l l i a n c e ' s success, but a p p a r e n t l y r a i s e d
more questions than answers i n s o f a r as
the t w i n - t r a c k p r o j e c t ' s impact i s concerned.
With the House of Commons adjourned u n t i l February 25th, the motion
was not addressed i n the House u n t i l
February 27th, at which time a r a t h e r
l i v e l y and p o s i t i v e debate i n favour
of the motion was put forward.
While the P r o g r e s s i v e Conservative majori t y i n the Commons was able to b l o c k a
vote on the motion, CNR was again r e q u i r ed to postpone c o n s t r u c t i o n u n t i l March
15th, s i n c e T r a n s p o r t a t i o n M i n i s t e r Don
Mazankowski d i d not s i g n the O r d e r - i n C o u n c i l r e q u i r e d b e f o r e CNR could proceed.
Due to the i n t e n s e debate on the doublet r a c k i n g i n P a r l i a m e n t , Mazankowski,
along w i t h Cabinet c o l l e a g u e John F r a s e r ,
M i n i s t e r of F i s h e r i e s , the P r e s i d e n t of

CRITICAL ENVIRONMENTAL AREAS ALONG THE

page 5

ALLIANCE PRESENTATION ON CNR TWIN-TRACKING GAINS UNANIMOUS SUPPORT FROM STANDING COMMITT
With a f i n a l d e a d l i n e of March 1 5 t h f o r commencement o f c o n s t r u c t i o n o f the CN R a i l w a y
Twin-Tracking P r o j e c t along the c r i t i c a l 10 m i l e s e c t i o n south of A s h c r o f t f a s t approachi n g , the A l l i a n c e o f T r i b a l C o u n c i l s was s u c c e s s f u l i n g a i n i n g p r e c e d e n t - s e t t i n g unanimous support from the Standing Committee on F i s h e r i e s f o r a one-year d e l a y . The support
came February 7 t h a f t e r Chief Robert Pasco appeared on b e h a l f of the A l l i a n c e o f T r i b a l
C o u n c i l s i n Ottawa.
The motion, which r e q u i r e d P a r l i a m e n t a r y consent, was s t a l l e d i n the House of Commons on
February 27th. However, due t o the unanimity of the Standing Committee and the i n t e n s e
and f a v o u r a b l e n a t u r e o f the P a r l i a m e n t a r y debate, T r a n s p o r t a t i o n M i n i s t e r Don
1 s t . That date was the end o f an agreed month-long delay granted by CNR d u r i n g d i s c u s s ions arranged by Senator Len Marchand w i t h A l l i a n c e of T r i b a l C o u n c i l r e p r e s e n t a t i v e s .
March 1 5 t h i s CNR's own d e a d l i n e , which company r e p r e s e n t a t i v e s suggest i s the f i n a l date
on which they say they can b e g i n c o n s t r u c t i o n .

Due to the s i g n i f i c a n c e of t h i s i s s u e , the p r e s e n t a t i o n made by C h i e f Pasco t o the
Standing Committee i s r e - p r i n t e d i n i t s e n t i r e t y :
"The purpose of our appearance before the Standing Committee i s
to p r e s e n t the recommendation o f the 36 I n d i a n Bands from B r i t i s h
Columbia most d i r e c t l y impacted by the CNR Twin T r a c k i n g P r o j e c t .
These Bands have communities which a r e l o c a t e d a l o n g s i d e t h e CNR
mainline.
The CNR t r a c k passes through about 60 r e s e r v e s along
the 750 m i l e s between Valemont t o Vancouver. The r a i l w a y p l a n s
to double t r a c k over the next 20 y e a r s . Most of t h i s occurs along
the e n v i r o n m e n t a l l y - s e n s i t i v e F r a s e r and Thompson R i v e r s .
A s u b s t a n t i a l amount o f c o n s t r u c t i o n work has a l r e a d y been comp l e t e d along some s t r e t c h e s . CN has to date t w i n - t r a c k e d a t o t a l
of 222 m i l e s , namely i n s e c t i o n s from Edmonton t o Valemont. T h i s
c o n s t i t u t e s a t o t a l one t h i r d of 750 m i l e s . There remains 528 m i l e s
of t h e second t r a c k to be completed. We b e l i e v e there a r e s e v e r a l
c r i t i c a l i s s u e s t h a t r e q u i r e study and e v a l u a t i o n before any f u r t h e r work proceeds. F o r t h i s reason, we w i s h t o make three s p e c i f i c
recommendations.
1. The economic j u s t i f i c a t i o n f o r the CNR t w i n - t r a c k i n g
be made a v a i l a b l e t o t h e A l l i a n c e of T r i b a l C o u n c i l s .
2. That the A l l i a n c e o f T r i b a l C o u n c i l s be supported
p o l i t i c a l l y t o complete an o b j e c t i v e e v a l u a t i o n of the
many p o t e n t i a l impacts the p r o j e c t w i l l have on the
people l i v i n g i n our communities and on the salmon
resources o f these r i v e r s .
3. That there be a one year postponement on any f u r t h e r
c o n s t r u c t i o n w h i l e the s o c i a l and environmental
i m p l i c a t i o n s a r e assessed.
Because of the l a r g e investment to be made i n t h i s p r o j e c t over
many y e a r s , we b e l i e v e some e x t r a time and money spent now can avoid
c o s t l y and unnecessary damage t o the environment and to the people
l i v i n g along the t r a c k .
The d e c i s i o n t o a l t e r the approach the CNR i s t a k i n g must come from
the Government of Canada f o r many reasons. The CNR i s a crown c o r -

page 6
CNR

TWIN-TRACKING continued:
p o r a t i o n . The m u l t i - b i l l i o n d o l l a r c o s t w i l l be p a i d through
changes i n Federally-approved f r e i g h t r a t e s . The r e s p o n s i b i l i t y
f o r Indians and land reserved f o r Indians r e s t w i t h the Department
of I n d i a n A f f a i r s . The Department of Environment and F i s h e r i e s
have s p e c i f i c resources they are mandated to p r o t e c t .
Our p r i o r i t y area where the CNR i n t e n d s to begin c o n s t r u c t i o n
i s a 10 m i l e s e c t i o n l o c a t e d south of A s h c r o f t , along the Thompson
R i v e r . T h i s would occur through the reserves and f i s h i n g areas
of t h r e e I n d i a n bands and would impact important p i n k salmon and
steelhead h a b i t a t . The bands o n l y r e c e i v e d the environmental
assessment r e p o r t prepared by CNR c o n s u l t a n t s i n mid-December.
The CNR intended t o s t a r t dumping b a l l a s t i n t o the r i v e r on
15th February.
At a r e c e n t meeting, they agreed t o postpone the s t a r t u n t i l
1 March. However, t h i s i s f a r too l i t t l e time to d e a l adequately
w i t h the impacts. For example, along t h i s s t r e t c h the second
t r a c k w i l l be b u i l t on the r i v e r s i d e of the e x i s t i n g one. The
CNR r e p o r t acknowledges that the i n f i l l i n g i n t o the r i v e r w i l l
d e s t r o y f i s h h a b i t a t but does not suggest how t h i s can be avoided
or m i t i g a t e d . The CNR and the Department of F i s h e r i e s have
agreed t o use p a r t of t h i s s e c t i o n as a t e s t "area t o t r y t o
determine what the impacts w i l l be. However, the A l l i a n c e bel i e v e s t h i s p a r t of the r i v e r i s too important to be handled
t h i s way.
This c o n s t r u c t i o n w i l l a l t e r the r i v e r bank i n a great many
locations.
T h i s w i l l damage' I n d i a n f i s h i n g s i t e s and t r a i l s
down to the r i v e r . Changes to the f l o w c h a r a c t e r i s t i c s o f the
r i v e r c o u l d change the routes the salmon take and make other
s i t e s u s e l e s s f o r t r a d i t i o n a l I n d i a n methods of f i s h i n g .
The time to study the river is before the work is done., not
after.
A one year p e r i o d i s needed t o analyze the changes i n the
r i v e r and t o monitor the movements of the f i s h over a season. The
v a r i o u s l o c a t i o n s used by I n d i a n fishermen i n response t o these
changes can a l s o be documented. At the same time, the c o n s t r u c t i o n
plans o f the CNR can be analyzed i n r e l a t i o n to t h i s i n f o r m a t i o n
and changes agreed t o by the r a i l w a y and the bands t o prevent
unnecessary damage.
Over 50% of all B.C. salmon stocks originate in the Fraser and
Thompson
River
systems.
These stocks have declined drastically
over the years as development has occurred along the river valleys.
We must know what the additional effects of double tracking will
be before the project continues any
further.
The salmon are an
important food source and c u l t u r a l f a c t o r to the I n d i a n people.
We a l s o have l e g a l f i s h i n g r i g h t s along the r i v e r s that were
e s t a b l i s h e d when the reserves were d e f i n e d by the Royal Commission
i n the 1880's. We must have the time t o ensure t h i s renewable
resource and our r i g h t s to i t are not l o s t .
We a l s o b e l i e v e the A l l i a n c e must have the independent c a p a b i l i t y
to e v a l u a t e the plans and procedures of "the CNR. The environmental
assessments have been prepared by CNR in-house c o n s u l t a n t s working

page 7

CNR TWIN-TRACKING continued:
on the T e c h n i c a l Working Group. The terms o f r e f e r e n c e of t h e
TWG s p e c i f i c a l l y exclude any c o n s i d e r a t i o n o f I n d i a n f i s h i n g o r
h e r i t a g e s i t e s . The S t e e r i n g Committee made up of the CNR and
government agency r e p r e s e n t a t i v e s has n o t i n c l u d e d the Department
of I n d i a n A f f a i r s . T h e r e f o r e the people w i t h the most to l o s e
because of t h i s p r o j e c t have been excluded from the main d e c i s i o n making process t o d a t e .
The A l l i a n c e bands made many submissions and p r e s e n t a t i o n s t o
the Environmental Assessment P a n e l h e a r i n g s . We would encourage
the Committee members t o review the t r a n s c r i p t s of the h e a r i n g s
f o r more i n f o r m a t i o n on these i s s u e s . We have a t t a c h e d to t h i s
p r e s e n t a t i o n a copy of a statement of concern that summarizes
many of these.
The A l l i a n c e of T r i b a l C o u n c i l s has h i r e d p r o f e s s i o n a l e x p e r t i s e
to conduct the work n e c e s s a r y t o p l a c e I n d i a n concerns i n t o the
o v e r a l l environmental d e s i g n of CNR's t w i n t r a c k i n g program.
The Department of I n d i a n A f f a i r s supports t h i s concept and does
so by p r o v i d i n g the necessary r e s o u r c e s .
As a c o n c l u d i n g remark, I w i s h to emphasize t o the Committee
members t h a t the A l l i a n c e of T r i b a l C o u n c i l s i s prepared t o
co-operate f u l l y w i t h the CNR and the r e g u l a t o r y agencies to
a r r i v e a t an a c c e p t a b l e approach to the Twin T r a c k i n g P r o j e c t .
We want t o see many e x i s t i n g problems w i t h the o p e r a t i o n s of
the r a i l w a y c o r r e c t e d . We want to be sure that the best design
is developed to protect the river, the salmon, and our access
and fishing sites; not just the cheapest and most
expedient
design for the CNR. We have many o u t s t a n d i n g p r o p e r t y i s s u e s
that we i n t e n d t o r e s o l v e w i t h the CNR. These can be d e a l t w i t h
i n a reasonable manner i f the Government of Canada and the CNR
w i l l acknowledge our A b o r i g i n a l r i g h t s are a c e n t r a l f a c t o r t o
t h i s p r o j e c t and t h a t our communities have much a t stake i n the
way the p r o j e c t proceeds over the next 20 y e a r s .
I sat as a member o f the Environmental Assessment P a n e l f o r over
a year u n t i l the CNR decided t o proceed w i t h the work near A s h c r o f t
through my r e s e r v e l a n d without even meeting w i t h my band. I was
f o r c e d to r e s i g n t o a v o i d a c o n f l i c t of i n t e r e s t between my o b l i g a t i o n s to the Oregon J a c k Creek Band and the need f o r an o b j e c t i v e
i n p u t i n t o the f i n a l r e p o r t of the p a n e l .
As a p a n e l member, I came to a p p r e c i a t e how many p o t e n t i a l conf l i c t s i n h e r e n t i n a major p r o j e c t can be r e s o l v e d i f a l l p a r t i e s
take a comprehensive and reasonable approach t h a t accomodates
a l l i n t e r e s t s . I f e e l Parliament has to force the CNR to take
a broader and more flexible
view of its mandate and to
realize
they have
responsibilities
that extend far beyond 90 foot
boundaries of their r i g h t of way."
STANDING COMMITTEE ON FISHERIES AND
FORESTRY TO HOLD HEARINGS IN B.C.
The P a l i a m e n t a r y Standing Committee
w i l l be t r a v e l l i n g to Kamloops, Vancouver, Campbell R i v e r , Nanaimo and
P r i n c e Rupert from March 23 to A p r i l
3, 1985, to r e c e i v e submissions con-

c e r n i n g the West Coast F i s h i n g I n d u s t r y .
While the d e a d l i n e f o r requests to appear
b e f o r e the Committee i s March 15th, I n d i a n
Governments may s t i l l wish t o watch f o r
these h e a r i n g s i n the B.C. Communities.

page 8
UNION OF B.C. INDIAN CHIEFS COUNCIL
SUPPORTS ALLIANCE ON CNR DELAY
At the C h i e f s C o u n c i l of the Union
of B.C. I n d i a n C h i e f s h e l d on March
4,5, and 6, 1985, the f o l l o w i n g r e s o l u t i o n was passed u r g i n g the Government of Canada to comply w i t h t h e i r
l e g a l and moral o b l i g a t i o n to p r o t e c t
the e x c l u s i v e f i s h i n g r i g h t s of the
Indian people along the F r a s e r and
Thompson R i v e r watersheds.
Telexes of t h e r e s o l u t i o n were sent
to Prime M i n i s t e r B r i a n Mulroney, a l l
r e l e v a n t M i n i s t e r s , Leader of the Oppos i t i o n and numerous M.P.'s.
"We r e s p e c t f u l l y submit t h i s request i n
support of the A l l i a n c e of T r i b a l C o u n c i l s
and those other I n d i a n Nations which w i l l
be a f f e c t e d and b e a r i n g i n mind the s t r o n g
recommendation through unanimous vote of
the P a r l i a m e n t ' s Standing Committee on
F i s h e r i e s and F o r e s t r y and I n d i a n A f f a i r s .
WHEREAS t h e C.N. double t r a c k i n g p r o j e c t
w i l l i r r e p a r a b l y a f f e c t the f i s h ery of the Musqueam, S t o ' l o , N l a '
kampux, Shuswap, L i l l o o e t , C h i l c o t i n , C a r r i e r and Sekani I n d i a n
N a t i o n s , and
PROVINCIAL COURT RULES AGAINST INDIAN
TREATY FISHING RIGHTS IN NANAIMO
Treaty f i s h i n g r i g h t s a r e s u b s e r v i e n t
to F e d e r a l f i s h e r i e s laws a c c o r d i n g to
Nanaimo p r o v i n c i a l court Judge Doug
Greer.
D e s p i t e the C o n s t i t u t i o n ' s r e a f f i r m a t i o n o f e x i s t i n g a b o r i g i n a l and
t r e a t y r i g h t s , Judge Greer c o n v i c t e d
s i x Nanaimo I n d i a n Band members of
February 15th f o r f i s h i n g w i t h a n e t
on the Nanaimo R i v e r and doing so w i t h out a l i c e n c e .
The s i x Nanaimo Band members were
f i s h i n g i n an area w i t h i n the bounda r i e s of the Douglas Treaty, which
acknowledged f i s h i n g and hunting r i g h t s
i n p e r p e t u i t y . Judge Greer, however,
i n t e r p r e t e d the words " i n p e r p e t u i t y "
to mean: "so long as the I n d i a n people
have the money to pay the f i n e s and appeal
costs f o r t h e i r p r o t r a c t e d l e g a l b a t t l e s
r e q u i r e d t o defend those r i g h t s . " UBCIC
lawyer L o u i s e M a n d e l l , who represented the
Nanaimo I n d i a n Band members, w i l l appeal
the d e c i s i o n .

WHEREAS f u r t h e r time i s r e q u i r e d to i n v e s t i g a t e more s p e c i f i c a l l y t h e
a) environmental,
b) s o c i a l and economic impacts,
c) economic j u s t i f i c a t i o n f o r
proceeding w i t h the p r o j e c t ,
and,
d) a p p l i c a b i l i t y o f modern t e c h nology to improve movement of
goods without double tracking-.
THEREFORE BE IT RESOLVED that the Government of Canada p r o v i d e t h e I n d i a n
people that s h a l l be d i r e c t l y
a f f e c t e d by t h i s r a i l p r o j e c t
w i t h a t l e a s t the minimal time
requested (one year) t o more
thoroughly and a c t i v e l y i n v e s t i g a t e the double t r a c k i n g p r o j e c t
which, as p r e s e n t l y planned, w i l l
i r r e v e r s i b l y i m p a i r t h e i r access
to a fundamental r i g h t w i t h i n
t h e i r r e s p e c t i v e homelands.
BE IT FURTHER RESOLVED t h a t the Honorable
David Crombie, M i n i s t e r of I n d i a n
A f f a i r s , d i r e c t l y intervene with
the Honorable Don Mazenkowski,
M i n i s t e r of T r a n s p o r t , on the
I n d i a n s ' b e h a l f i n such a way as
to prevent c o n s t r u c t i o n from proceeding which s h a l l i n t e r f e r e
w i t h t h e I n d i a n s ' f i s h e r i e s and
other reserve lands.

page 9
l

PRODUCED BY:
The
Alliance
of
Tribal
Nations,
comprising
the
S t o : l o and N l ' a k a p x m T r i bal C o u n c i l s , N . T h o m p son B a n d , D e a d m a n C r e e k
B a n d and B o n a p a r t e B a n d .
Copyright

1984

DISTRIBUTED B Y :
Coqualeetza Cultural
Education Centre
P . O . B o x 370
Sardis, B.C. V 2 R 1A7
858-7977

THE RIVER IS OUR HOME
T h e A l l i a n c e of T r i b a l N a t i o n s f o r m e d in O c t o b e r 1983 out of an urgent
need to save the w i l d s a l m o n s t o c k s of the F r a s e r and T h o m p s o n R i v e r s .
H i s t o r i c a l l y , C a n a d a ' s n a t i o n a l r a i l w a y s have s e v e r e l y i m p a c t e d Indian p e o p l e
and the Indian way of l i f e . T o d a y our p e o p l e and the s a l m o n f a c e a r e n e w e d t h r e a t as C a n a d i a n N a t i o n a l R a i l w a y c o m p l e t e s c o n s t r u c t i o n of its
s e c o n d t r a c k through B r i t i s h C o l u m b i a . T h i s f i n a l stage of the t w i n t r a c k i n g
is p r o c e e d i n g through s o m e of C a n a d a ' s most c u l t u r a l l y and e n v i r o n m e n t a l l y
sensitive regions a f f e c t i n g more than 7,000 Indian people along the
river
corridors.
T h i s s t o r y is t o l d through the words of our p e o p l e , visual p o r t r a y a l s
of
a n c i e n t f i s h i n g m e t h o d s , and a c t u a l s c i e n t i f i c d o c u m e n t a t i o n . It deals w i t h a
very s e r i o u s issue f r o m a unique and sensitive p e r s p e c t i v e . 34 m i n u t e s .

page 10
LUBICON INDIAN BAND NEED MORE THAN
SPECIAL ENVOY—THEY NEED LAND
Caught w i t h o u t a t r e a t y i n the midst
of an o i l - r i c h r e g i o n , the 300 s t r o n g
Lubicon Lake I n d i a n Band of A l b e r t a
w i l l need more than a m i r a c l e from the
r e c e n t l y appointed s p e c i a l envoy E.
Davey F u l t o n . F u l t o n , appointed a t
the end of January by DIAND M i n i s t e r
David Crombie, i s to i n v e s t i g a t e the
Lubicon Lake I n d i a n Band's l a n d c l a i m
which were never surrendered through
treaty.
Since Ottawa promised the Band a r e s e r v e
i n 1940, but f o r g o t a l l about i t i n the
meantime, t h e Lubicons are now considered
to be " s q u a t t e r s " on t h e i r own l a n d by an
a n t a g o n i s t i c A l b e r t a government which has
a l r e a d y s o l d o i l l e a s e s throughout the
Lubicon t e r r i t o r y . T h e i r case caught the
a t t e n t i o n o f the i n t e r n a t i o n a l community
when the World C o u n c i l of Churches, meeting i n Vancouver i n 1983, r e p o r t e d t h e
p r o v i n c e of " A l b e r t a has r e s o r t e d t o
c u l t u r a l genocide i n an e f f o r t to chase
Indians o f f t h e i r l a n d . "
The Geneva-based C o u n c i l t o l d a h o r r i f y i n g s t o r y , accusing the government and
o i l companies of nothing l e s s than " o f f i c i a l t e r r o r i s m " ? WCC d i r e c t o r Anwar
Barkat at the time wrote t o former Prime
M i n i s t e r P i e r r e Trudeau:
" P r o v i n c i a l o f f i c i a l s have d e l i b e r a t e l y
allowed f i r e s i n the band's t r a d i t i o n a l
area to rage unchecked, burning up thousands of acres of b o r e a l f o r e s t used by
band members f o r hunting and t r a p p i n g .
" T r a d i t i o n a l I n d i a n hunting and t r a p p i n g .
t r a i l s have been turned i n t o p r i v a t e o i l
company r o a d s . . . O i l company workers have
been i n s t r u c t e d to d e l i b e r a t e l y scare
game out o f the area by f i r i n g r i f l e s . "
P r o v i n c i a l government o f f i c i a l s were a l s o
accused of t h r e a t e n i n g to b u l l d o z e t h e
Lubicons' homes i f they d i d n ' t accept
government housing l o t s , thereby j e o p a r d i z i n g t h e i r land c l a i m s .
In February 1982, the Band took ten o i l
companies working i n the area to c o u r t
asking f o r an i n j u n c t i o n to h a l t f u r t h e r
activity.
I n November 1982, the judge
rendered a d e c i s i o n that the I n d i a n way
of l i f e no l o n g e r e x i s t s and thus cannot
be damaged, t h e r e f o r e denying the i n j u n c t i o n . He ordered the Band to pay the

e n t i r e c o u r t c o s t s and l e g a l f e e s . The
o i l companies a r e now i n a p o s i t i o n to use
t h r e a t s t o make immediate c o l l e c t i o n to
pressure t h e Band not to take f u r t h e r l e g a l
action.
The L u b i c o n s , however, have continued i n
t h e i r l e g a l a c t i o n s and, on January 11th,
the A l b e r t a Court o f Appeal upheld the
e a r l i e r r e f u s a l to grant an i n j u n c t i o n . The
lawyer f o r the Band, Kenneth S t a r o s z i k ,
f i l e d documents on February 18th seeking
p e r m i s s i o n t o appeal the d e c i s i o n t o t h e
Supreme Court o f Canada.
The L u b i c o n Lake Bank, b e s i d e s seeking the
i n j u n c t i o n a g a i n s t Petro-Canada, Dome P e t r o leum and e i g h t other o i l companies, i s s u i n g
the government f o r 23,000 h e c t a r e s of r e s e r v e
land and 300,000 acres of hunting and t r a p ping l a n d .
In the meantime, i n August o f 1984, t h e
J u s t i c e Department f i n a l l y d e l i v e r e d i t s
much-delayed l e g a l o p i n i o n to the Department of I n d i a n A f f a i r s , s t a t i n g the Band
d i d not have a b o r i g i n a l r i g h t s , and t h a t i t
was e n t i t l e d o n l y to a r e s e r v e under Treaty
8, the Treaty the Lubicons were o r i g i n a l l y
excluded from decades e a r l i e r .
While E. Davey F u l t o n attempts t o mediate
the i s s u e , the Lubicon Lake I n d i a n Band
w i l l attempt t o c a r r y i t s l e g a l b a t t l e
a g a i n s t the ten o i l companies, the A l b e r t a
and F e d e r a l governments a l l the way to the
Supreme Court.

POLLUTION PREVENTION PAYS SYMPOSIUM

The. Hazardous Waste ManagementCoalitio
day symposium, April 13th and 14th
at the Robson square Media. Centre,
beginning each day at 10:30 a.m.
DA.
Donald Huisingh of North Carolina State
university
will be giving a public
lecture 8:00p.m. April 13th.
A leading
expert in the. field of toxic waste reduction and recovery, DR. Huisingh
will
explain how ecology with economy is
technically
feasible
and
economically
beneficial...FOR
further
information
on the symposium, contact
Darlene
Taylor,
environmental
health
officer
at the UBCIC office
(phone:
684-0231)

page 11
MEARES

ISLAND INTERVENTION REQUIRE? TO REVERSE DECISION ON ABORIGINAL TITLE IN B.C.

When J u s t i c e Reginald Gibbs decided January 25th t h a t A b o r i g i n a l t i t l e was e x t i n g u i s h e d
i n B.C. a t the time of C o n f e d e r a t i o n , he went w e l l beyond the i s s u e of Meares I s l a n d
and, w i t h o u t the a u t h o r i t y t o do so, he decided upon major areas of concern t o a l l
I n d i a n Nations here. F o r example, J u s t i c e Gibbs decided a l l a b o r i g i n a l t i t l e i n t h e
p r o v i n c e had been e x t i n g u i s h e d b e f o r e 1871 o r , i f he was wrong on t h a t p o i n t and t i t l e
had s u r v i v e d c o n f e d e r a t i o n , he r u l e d the p r o v i n c e had the power a f t e r c o n f e d e r a t i o n t o
e x t i n g u i s h a b o r i g i n a l t i t l e by p a s s i n g g e n e r a l a c t s o f l e g i s l a t i o n . By e n a c t i n g t h e
F o r e s t r y A c t , he s a i d , the p r o v i n c e had e x t i n g u i s h e d t i t l e t o t h e t r e e s .
Subsequently the UBCIC l e g a l department was a d v i s e d a five-man bench of the Court of
Appeal had been appointed t o s i t on the Appeal "to decide the issue of aboriginal
titleonceandforall."
With t h i s background, the Union o f B.C. I n d i a n C h i e f s made a p p l i c a t i o n t o i n t e r v e n e
at the Appeal, together w i t h the C a r r i e r Sekani, the G i t k s a n Wet'suwet'en and t h e
Shuswap T r i b a l C o u n c i l s , on b e h a l f of twelve Bands, along w i t h the Taku R i v e r T l i n g i t s .
The purpose of the i n t e r v e n t i o n was to prove to the Court of Appeal t h a t Mr. J u s t i c e
Gibbs was wrong i n making h i s d e c i s i o n s and t o urge the Court o f Appeal not to decide
the q u e s t i o n o f a b o r i g i n a l t i t l e u n t i l the i s s u e i s p r o p e r l y presented i n evidence a t a
f u l l t r i a l . The i n t e r v e n e r s urged t h e c o u r t not decide the case so as .to a f f e c t o r
p r e j u d i c e the a b o r i g i n a l t i t l e o f other I n d i a n N a t i o n s i n B r i t i s h Columbia.
I n a r e p o r t to C h i e f s C o u n c i l on March '4th, UBCIC lawyer L o u i s e M a n d e l l submitted t h e
f o l l o w i n g i n f o r m a t i o n on the Meares I s l a n d i n t e r v e n t i o n :
"The

A p p l i c a t i o n to Intervene

On February 19, 1985, A r t h u r Pape and myself appeared b e f o r e the Court of
Appeal t o make a p p l i c a t i o n t o i n t e r v e n e . The a p p l i c a t i o n of the Union of
B.C. I n d i a n C h i e f s was opposed by c o u n c i l f o r M a c M i l l a n B l o e d e l who argued
the Union d i d not have any d i r e c t i n t e r e s t i n t h e case.
The law on g r a n t i n g t o i n t e r v e n e r s the r i g h t to i n t e r v e n e i n a case i s
not h e l p f u l to us. The c o u r t s have developed r u l e s a g a i n s t p a r t i e s i n t e r vening i n a c t i o n s merely because they have a d i r e c t i n t e r e s t i n the r e s u l t
of the case. The c o u r t s t r y to a v o i d a number of p a r t i e s j o i n i n g i n a c t i o n s ,
the r e s u l t o f which would be d e l a y . However, we urged the c o u r t to a l l o w
the i n t e r v e n o r s the r i g h t t o i n t e r v e n e , n o t on the p a r t i c u l a r f a c t s o f
Meares I s l a n d but on the g e n e r a l p u b l i c law i s s u e s i n v o l v i n g a b o r i g i n a l
t i t l e . Our arguments s t r e s s e d the i n t e r v e n o r s had a d i r e c t i n t e r e s t
i n t h e case, a d i f f e r e n t p e r s p e c t i v e t o b r i n g t o the i s s u e , and p a r t i c u l a r
e x p e r t i s e on the q u e s t i o n . Our arguments p r e v a i l e d and a l l of the i n t e r venors were awarded s t a n d i n g , i n c l u d i n g the Union o f B.C. I n d i a n C h i e f s .
We were to co-operate by p r e s e n t i n g an argument on b e h a l f of a l l t h e
intervenors.
One minor step forward i s the precedent s e t t i n g d e c i s i o n s of Mr. J u s t i c e
Essen g r a n t i n g us i n t e r v e n o r s t a t u s . The law of B r i t i s h Columbia has now
improved t o permit a wider p a r t i c i p a t i o n i n case e f f e c t i n g a b o r i g i n a l r i g h t s .
The

I n t e r v e n o r s Argument

We concentrated our argument on three s e c t i o n s : the t e s t t o grant an
i n t e r l o c u t o r y i n j u n c t i o n , whether a b o r i g i n a l t i t l e was e x t i n g u i s h e d before
1871, and whether the p r o v i n c e i s capable a f t e r 1871 t o e x t i n g u i s h
a b o r i g i n a l t i t l e through i t s g e n e r a l powers.

MEARES

ISLAND INTERVENTION continued:
a)

The

test

on

interlocutory

relief

I n t e r l o c u t o r y r e l i e f i s granted to a p a r t y before t r i a l to prevent
a harm done to them b e f o r e an i s s u e can be decided on i t s m e r i t .
The evidence which would be presented a t t r i a l i s g e n e r a l l y n o t
before the court a t an i n t e r l o c u t o r y h e a r i n g . The c o u r t must r e l y
upon a f f i d a v i t evidence and an assumption t h a t t h e f a c t s claimed by
each of the p a r t i e s i n t h e i r documents a r e t r u e .
The u s u a l t e s t on i n t e r l o c u t o r y r e l i e f i s whether or not the p a r t i e s
have an i s s u e to be t r i e d , and whether o r not they w i l l s u f f e r i r r e parable harm i f the i n j u n c t i o n i s not granted. C o u n c i l f o r M a c M i l l a n
B l o e d e l and f o r the P r o v i n c e urged the court s e t t i n g up a b o r i g i n a l
t i t l e a g a i n s t the P r o v i n c e ' s r i g h t t o grant resources t o companies.
They urged the c o u r t to adopt the t e s t t h a t the Indians would l i k e l y
succeed a t t r i a l , r a t h e r than the t e s t of whether there i s an arguable
case.
The i n t e r v e n o r s argued such a t e s t i s completely without precedent,
i s unfounded, and i s , on the f a c e of i t , u n f a i r and somewhat r a c i s t .
b) A b o r i g i n a l t i t l e was n o t e x t i n g u i s h e d before 1871
The argument advanced by M a c M i l l a n B l o e d e l and decided by Judge
Gibbs was t h a t the d e c i s i o n s of Mr. J u s t i c e Judson i n the C a l d e r
case ought to be accepted as the law of B r i t i s h Columbia. I n the
Calder case, the c o u r t s p l i t 3-3 on whether o r not a b o r i g i n a l
t i t l e had been e x t i n g u i s h e d before 1871. Mr. J u s t i c e H a l l r u l e d t h a t ,
because there was no e x p r e s s i o n i n any l e g i s l a t i o n which demonstrated
the Crown intended t o e x t i n g u i s h a b o r i g i n a l t i t l e , a b o r i g i n a l t i t l e
continued to s u r v i v e the a p p l i c a t i o n of the e a r l y B.C. Land A c t s .
The judgment o f Mr. J u s t i c e Judson h e l d t h a t , because the Crown,
a c t i n g through the B r i t i s h Columbia l e g i s l a t u r e , enacted a s e r i e s
of land a c t s which assumed the j u r i s d i c t i o n and t i t l e to the land t o
the p r o v i n c e , those land a c t s themselves had the e f f e c t of e x t i n g u i s h i n g
a b o r i g i n a l t i t l e by i m p l i c a t i o n .
Since the Calder case, a number of judges have f o l l o w e d e i t h e r
Mr. J u s t i c e H a l l ' s o r Mr. J u s t i c e Judson's d e c i s i o n , r e c o g n i z i n g
that the law i s u n s e t t l e d on t h i s p o i n t .
F u r t h e r , s i n c e the Calder case, the Union o f B.C. I n d i a n C h i e f s ,
Dr. B r i a n S l a t t e r y , and a number of other people and o r g a n i z a t i o n s
have committed over a decade o f r e s e a r c h to argue a b o r g i n a l t i t l e
may not be e x t i n g u i s h e d e i t h e r by expressed l e g i s l a t i o n or by
i m p l i c a t i o n , but o n l y w i t h the consent of the I n d i a n n a t i o n s . T h i s
evidence and argument has never been presented t o any c o u r t , and
c e r t a i n l y was not decided i n the Calder case.
F i n a l l y , the a u t h o r i t y which e s t a b l i s h e s the p r i n c i p l e t h a t a b o r i g i n a l
t i t l e may be e x t i n g u i s h e d " a t the g o o d w i l l of the Crown" comes from
the St. Catherines M i l l i n g Case, where the I n d i a n n a t i o n s were not
represented and where the phrase was i n t e r p r e t i n g another phrase
w i t h the Royal P r o c l a m a t i o n of 1763.
This i s important f o r our
purposes.
F i r s t , i n the S t . Catherines M i l l i n g Case, the c o u r t s s a i d
the Royal P r o c l a m a t i o n was the source of a l l r i g h t s and decided

MEARES ISLAND INTERVENTION continued:
a c c o r d i n g l y . The c o u r t i n the Musqueam case has r u l e d the Royal
P r o c l a m a t i o n does n o t apply to B r i t i s h Columbia. I f they should
be r i g h t about t h i s , there i s no a u t h o r i t y which they can r e l y upon
which e s t a b l i s h e s t h a t a b o r i g i n a l t i t l e , without r e f e r e n c e to t h e
P r o c l a m a t i o n , may be e x t i n g u i s h e d " a t t h e g o o d w i l l of the s o v e r e i g n . "
The i n t e r v e n e r s presented t h e l e g a l arguments, r e f e r r e d t o i n t h i s
s e c t i o n . I n a d d i t i o n , we showed the Court examples o f some of the
evidence which we f e e l i s c r u c i a l t o d e t e r m i n i n g whether the Crown
had the r i g h t to e x t i n g u i s h a b o r i g i n a l t i t l e "at t h e i r g o o d w i l l " ;
and evidence demonstrating the Crown intended that t i t l e s u r v i v e ,
and not be e x t i n g u i s h e d .
We were v e r y c a r e f u l i n t h i s p a r t o f the argument t o arouse t h e
c u r i o s i t y o f t h e c o u r t without showing too much of what we had
gathered i n new evidence.
Our argument was t h a t t h e i s s u e was undecided and not t o be sent
to t r i a l f o r d e t e r m i n a t i o n .
c)

The

existence

of

aboriginal

title

after

1871.

I t has always been assumed i n law t h a t the p r o v i n c e has no power to
e x t i n g u i s h a b o r i g i n a l t i t l e through the a p p l i c a t i o n of S e c t i o n 92
powers. I n the C a l d e r Case, f o r example, c o u n c i l f o r the p r o v i n c e
admitted i f a b o r i g i n a l t i t l e s u r v i v e d c o n f e d e r a t i o n , the p r o v i n c e
had done n o t h i n g s i n c e c o n f e d e r a t i o n to e x t i n g u i s h i t .
Yet, i n 1984 the p r o v i n c e was s t r e n u o u s l y arguing i t had power
to e x t i n g u i s h a b o r i g i n a l t i t l e through the a p p l i c a t i o n o f g e n e r a l
p r o v i n c i a l l e g i s l a t i o n . C o u n c i l f o r the p r o v i n c e put i t t h i s way:
The i s s u e i n t h i s case i s whether o r not a b o r i g i n a l t i t l e i s s t r o n g e r
t h a t t h e t i t l e o f the p r o v i n c e .
We argued the p r o v i n c i a l government completely m i s c h a r a c t e r i z e d
the i s s u e . I t i s not whether o r not a b o r i g i n a l t i t l e i s s t r o n g e r
than the p r o v i n c e , r a t h e r whether a b o r i g i n a l t i t l e i s an aspect of
S e c t i o n 91 (24) and 5.09 of the C o n s t i t u t i o n Act 1867 and i s , t h e r e f o r , beyond the reaches o f the p r o v i n c e .
In argument, the i n t e r v e n o r s r e l i e d upon the cases i n v o l v i n g an
i n t e r p r e t a t i o n of S e c t i o n 91 (24) and S e c t i o n 109 t o show the
i s s u e had not been s e t t l e d as the p r o v i n c e maintained.
Further,
we l e d some, but n o t a l l , of t h e evidence t o show t h a t when t h e
B r i t i s h North America Act was c o n s t r u c t e d , i t was intended
I n d i a n A f f a i r s and I n d i a n t i t l e be p l a c e d beyond the reaches of the
p r o v i n c e . I t was our argument t h a t , t o the extent the i s s u e i s
u n s e t t l e d , i t ought t o be put to t r i a l . However, our view was
that the i s s u e was s e t t l e d and t h e p r o v i n c e had no power to
e x t i n g u i s h a b o r i g i n a l t i t l e , nor had they c i t e d any a u t h o r i t y on
t h i s p o i n t which a s s i s t e d them.
The L i k e l i h o o d o f Success
There were a number of s i g n a l s from the bench which i n d i c a t e d the i n t e r v e n o r s
argument would succeed. At one p o i n t , Mr. J u s t i c e Lamper asked c o u n c i l f o r

page 14
MEARES ISLAND

INTERVENTION continued:

the p r o v i n c e : "What a u t h o r i t y do you have to support your view that whenever a b o r i g i n a l t i t l e comes i n c o n f l i c t w i t h that of the p r o v i n c e s , the
p r o v i n c e s have to win?" The p r o v i n c e had no response to t h i s q u e s t i o n .
We hope the a p p l i c a t i o n f o r Meares I s l a n d w i l l a l s o succeed. However,
i t may be decided a g a i n s t the Bands on the f a c t s . The c o u r t might d e c i d e
there i s harm which w i l l r e s u l t i f the Meares I s l a n d a p p l i c a t i o n succeeds
and may r e f u s e to grant the i n j u n c t i o n on t h a t b a s i s . However, as I
i n d i c a t e d , i t i s our view the i n t e r v e n o r s argument w i l l succeed i n any
event.
Should the i n t e r v e n o r s argument f a i l , our r e c o u r s e would be to apply f o r
l e a v e to the Supreme Court of Canada. In a d d i t i o n , we could proceed w i t h
the l i t i g a t i o n which i s pending, r a i s i n g the evidence which has not yet
been r a i s e d and attempt to d i s t i n g u i s h a judgment a g a i n s t us on the b a s i s
of new evidence.
FREEDOM EXPRESS TO SUPPORT BIG MOUNTAIN
On A p r i l 10th the "Freedom Express" w i l l l e a v e S e a t t l e , Washington, on i t s way towards
Big Mountain i n A r i z o n a . The "Freedom Express" w i l l i n c l u d e a caravan of t r u c k s and
cars t h a t w i l l c a r r y donated foods and o t h e r r e l i e f s u p p l i e s to the n a t i v e people of
Big Mountain. P r e s e n t a t i o n s about the i s s u e s a f f e c t i n g those r e s i d e n t s of B i g Mountain
w i l l be c a r r i e d out along the r o u t e .
Around 14,000 Navajo and Hopi Peoples face f o r c e d r e l o c a t i o n from t h e i r a n c e s t r a l homelands because of an i l l - c o n c e i v e d government program a u t h o r i z e d by P.L. 93-531, or the
Navajo-Hopi Land Settlement A c t , which was passed by a l a r g e l y misinformed U.S. Congress
i n 1974. M u l t i n a t i o n a l mining i n t e r e s t s were l a r g e l y r e s p o n s i b l e f o r the A c t ' s passage.
Uranium, c o a l and o i l u n d e r l i e much of the n a t i v e peoples' lands i n the area. Such l a r g e
c o r p o r a t i o n s as Kerr McGee, Peabody C o a l and Exxon have been v y i n g f o r l e a s e agreements
to develop these r e s o u r c e s .
Because human l i f e and human r i g h t s are more important than p r o f i t s , the f i r s t "Freedom
Express" i s b e i n g launched w i t h the i n t e n t i o n of r a i s i n g needed d o n a t i o n s , as w e l l as
p u b l i c awareness of t h i s i s s u e . Very few people are aware of the s t r u g g l e of the Hopi
and Navajo l i v i n g i n the B i g Mountain and who are f a c i n g t h i s r e l o c a t i o n .
When the Settlement Act was passed by Congress, they g r e a t l y underestimated the f u l l
s c a l e of i t s n e g a t i v e impacts. Cost overruns f o r t h i s program alone t o t a l n e a r l y h a l f
a b i l l i o n d o l l a r s , and the c o s t s i n terms of human l i f e and s u f f e r i n g cannot be measured.
For these reasons the "Freedom Express" has been formed to
address these b l a t a n t human r i g h t s v i o l a t i o n s and help to
secure f o r the I n d i a n people of B i g Mountain t h e i r r i g h t s
to the land they have l i v e d on f o r hundreds of y e a r s .
The "Freedom Express" i s sponsored by the Freedom Fund of
S e a t t l e . A l s o i n v o l v e d i n t h i s p r o j e c t are the N a t i v e
American communities l o c a t e d a l o n g the caravan r o u t e , and
the B i g Mountain Support Groups. For f u r t h e r i n f o r m a t i o n
on the caravan and how to p a r t i c i p a t e , please c o n t a c t :
A. Quarto of the Freedom Fund i n S e a t t l e a t the f o l l o w i n g
phone number: 206-323-5338.

UNION OF

INDIAN CHIEFS ORDER FORM

T-SHIRTS

Infants: these have been our hottest selling items.
$4.00
18 or 24months- Blue or red.
Youth:
Small, medium or large - white and red. $6.00
and for those of us who can no LONGER squeeze into Youth...
Adults:
Small,medium,large,and x-large - Blue or red. $6.00
ACTION PLANNERS

"FIRST NATIONS SELF GOVERNMENT" 1985 ACTION planners.
Good for keeping track of where youweren'tbutshould'vebeen.

$6.00

UBCIC PENS

Blue or red
INDIAN GOVERNMENT CARDS

$2.50

Goad for Feast invitations, birthdays,

CHRISTMAS,

announcements...

$1.00

INDIAN GOVERNMENT FLAGS
$75.00
$5.00

Large

Small
BULLETINS AND POSTERS

$5.00
$3.00

Taxation
Bulletins
George Manuel Posters
ORDER FORM
PLEASE MAIL YOUR ORDER TO THE: UNION OF B.C. INDIAN CHIEFS

440 West Hastings Street
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page 16
COMMISSION ON GUATEMALA MEETS
In response to a resolution passed a t
the UBCIC Annual General Assembly i n
November, a Commission on Guatemalan
Indigenous Peoples has been e s t a b l i s h ed. The f i r s t Commission meeting, h e l d
on January 25th, examined i n depth the
p o s s i b l e e f f o r t s that c o u l d be made by
the Union of B.C. I n d i a n C h i e f s i n support of the Guatemalan I n d i a n people
who are s u f f e r i n g under a long-term
g e n o c i d a l campaign.
The Commission's work, which i s to be
c a r r i e d out on v a r i o u s l e v e l s , w i l l
include:
* The c o l l e c t i o n and t r a n s l a t i o n of
r e l e v a n t i n f o r m a t i o n coming from i n s i d e of Guatemala or from the refugee
camps i n Mexico, and the d i s s e m i n a t i o n
of the i n f o r m a t i o n to members, community
groups and media, where a p p l i c a b l e .
* The response to "urgent a c t i o n r e quests" ( i . e . the s i t u a t i o n s a r i s i n g
which may be of imminent concern or
harm to Indigenous refugees; lobby of
M i n i s t e r s , M.P.'s, Canada's U.N. Ambassador, or a p p r o p r i a t e government o f f i c i a l s
of r e l a t e d c o u n t r i e s where human r i g h t s
of the Indigenous Guatemalans i s s u b j e c t
to debate o r p o l i c y planning.)
* The c o - o r d i n a t i o n of such a c t i o n s w i t h
other concerned groups.
* The encouragement of the World C o u n c i l
of Indigenous Peoples to c a r r y out i t s
mandate from t h e i r 4th General Assembly
to support the Guatemalan I n d i a n people
in their struggle.
* The examination of ways of p r o v i d i n g
m a t e r i a l support f o r t h e i r l i b e r a t i o n
struggle.
Commission members i n c l u d e UBCIC P r e s i d e n t
Chief S a u l T e r r y , C h i e f s Mike Leach, Paddy
Walkus, and Ron Ignace; A r t h u r Manuel,
UBCIC s t a f f members M i l d r e d P o p l a r and
Kathleen B e l l - Y o u n g e r . Two Guatemalan
Indian r e p r e s e n t a t i v e s , L i x (Andres) Lopez
and F r a n c i s c o C a l i , w i l l a l s o be working
w i t h the Commission on a r e g u l a r b a s i s .

GUATEMALAN WORKSHOPS FOR B.C. COMMUNITIES
Two Guatemalan I n d i a n men, f a m i l i a r to
everyone who r e g u l a r l y a t t e n d s p r o v i n c i a l
and n a t i o n a l meetings, are i n the process
of d e v e l o p i n g e d u c a t i o n a l workshops on the
c u r r e n t s i t u a t i o n i n Guatemala.
L i x (Andres)
Lopez, who has worked f o r years w i t h the
World C o u n c i l of Indigenous P e o p l e s , and
F r a n c i s c o C a l i , a refugee from Guatemala,
are p u t t i n g together r e s o u r c e m a t e r i a l i n
order to v i s i t as many I n d i a n communities
as p o s s i b l e d u r i n g the coming months.
The workshops, a p r o j e c t of the c o a l i t i o n
on Guatemala, formed r e c e n t l y between the
Union of B.C. I n d i a n C h i e f s , the U n i t e d
N a t i v e Nations and the C h r i s t i a n Task Force
on C e n t r a l America, w i l l i n c l u d e a v a r i e t y
of a u d i o - v i s u a l m a t e r i a l t h a t has been accumulated both on l i f e w i t h i n the country
and i n the refugee camps i n Mexico.
A s l i d e show prepared by f o l k - r o c k s i n g e r
Bruce Cockburn d u r i n g h i s v i s i t to C e n t r a l
America i s a v a i l a b l e , accompanied by the
music he recorded f o r the show, "Guatemalan
Nightmare."
In a d d i t i o n , there i s a f u l l l e n g t h f e a t u r e f i l m c a l l e d , "When the Mounta i n s Tremble, and another v i d e o on the r e fugees c a l l e d , "The North."
L i x and F r a n c i s c o are hoping to c o - o r d i n a t e
t h e i r v i s i t s to the communities w i t h the
I n d i a n Governments, U.N.N, l o c a l s and the
community Church groups i n o r d e r to c r e a t e
g r e a t e r awareness, support and a c t i o n f o r
the Indigenous peoples of Guatemala.
Any
I n d i a n Governments i n t e r e s t e d i n having them
v i s i t w i t h i n t h e i r t e r r i t o r y , may c o n t a c t
e i t h e r of the two men through the UBCIC
o f f i c e here i n Vancouver.

page 17
MAYAN INDIAN VISITS UBCIC COMMISSION
Out of 7 m i l l i o n people i n Guatemala,
more than 5 m i l l i o n a r e I n d i a n people.
Of t h i s number, t h e r e a r e more than 1
m i l l i o n i n t e r n a l , r e f u g e e s ; 100,000
I n d i a n c h i l d r e n orphaned; over 30,000
widowed women and another 30,000 murdered i n the many r e c e n t y e a r s o f s t r u g g l e .
Of g r e a t e s t concern t o t h e I n d i a n people
i s the massacre o f the e l d e r s who c a r r y
the knowledge of t h e c u l t u r e of the
people...But we cannot o n l y lament f o r
those who have d i e d . The most important t h i n g now i s t o see how we can
defend those who a r e s t i l l l i v i n g .
That was the b a s i c message brought by a
MAYAS r e p r e s e n t a t i v e who v i s i t e d January
25th w i t h the UBCIC C h i e f s Commission on
Guatemalan Indigenous P e o p l e s .
(For
Guatemala, he requested h i s name n o t be
used.) The name MAYAS, b e s i d e s r e f e r r i n g
to t h e dominant I n d i a n N a t i o n i n Guatemal a , a l s o i s an anacronym f o r Movimiento
de Ayuda Y A c c i o n S o l i d a r i a , which means
Movement of Support Help and A c t i o n .

The MAYAS r e p r e s e n t a t i v e e x p l a i n e d h i s
reason f o r v i s i t i n g t h e UBCIC was to
seek support f o r t h e I n d i a n s t r u g g l e i n
h i s country and an awareness of t h e i r
s i t u a t i o n . "The awareness i s u n f o r t u n a t e l y w i t h i n a v e r y p a i n f u l c o n t e x t , " he
e x p l a i n e d , "because of t h e c o n t i n u a l
s u f f e r i n g of our people.
But t h e r e i s
a good p o i n t and i t i s t h a t our people
are r e s i s t i n g . I t i s not the f i r s t time
our people have s u f f e r e d . We have a 450
year h i s t o r y of i t , but we a r e now a r r i v i n g a t the p o i n t where we may achieve our
liberation."
The s t r u g g l e f o r I n d i a n l i b e r a t i o n i n
Guatemala i s not an easy one.
Besides
r e b u i l d i n g the bases of I n d i a n N a t i o n hood and r e c o n s t r u c t i n g an I n d i a n consciousness amidst a s y s t e m a t i c m i l i t a r y
a t t a c k upon the communities, they must
a l s o f i g h t to remain a l i v e through t h e i r
own hunger. As p a r t of the m i l i t a r y
"scorched e a r t h " p o l i c y , t h e army
attempts to n e u t r a l i z e the I n d i a n people
through hunger and the d e s t r u c t i o n of
t h e i r major crops, e s p e c i a l l y c o r n .
Corn f o r the Mayan peoples i s s i m i l a r
to t h e salmon f o r the West Coast peoples
— i t i s food f o r the body, s o u l and the
c u l t u r e of the the people.

Through a l l of t h i s , the MAYAS r e p r e s e n t a t i v e e x p l a i n e d , t h e r e i s a l s o the r e a l i t y
of other r e v o l u t i o n a r y groups w i t h i n t h e
country who do not i n c o r p o r a t e Indigenous
hopes, r e s u l t i n g i n an i n t e r n a l problem
which must be overcome. He s a i d t h e
r e v o l u t i o n a r y groups o f t e n underestimate
the c a p a c i t y o f t h e I n d i a n people and t h i s
must be r e s o l v e d i n order f o r an unders t a n d i n g t o be reached between a l l groups
who wish t o e r a d i c a t e n a t i o n a l o p p r e s s i o n .
The v i s i t o r e x p l a i n e d the v a s t m a j o r i t y of
r e s i s t a n c e i s c a r r i e d out by I n d i a n people,
w h i l e p o l i t i c a l l e a d e r s h i p and d i r e c t i o n
comes from the " l a d i n o " o r mixed-blood
m i n o r i t y who do not have an understanding
or respect f o r Indigenous a s p i r a t i o n s .
S i n c e n e a r l y 80% o f t h e I n d i a n people do
reasons
f p e r sSpanish,
o n a l s a f eand
t y on
r e t uo rn nl yto
not even o
speak
speak
t h e i r I n d i a n language, they a r e c o n s i d e r e d
i l l i t e r a t e by the " l a d i n o s " .
T h i s i n a b i l i t y t o communicate e n t i r e l y i n
Spanish, w h i l e viewed as a weakness by
some, i n f a c t has i t s advantages. The
I n d i a n communities have thus been a b l e t o
m a i n t a i n t h e i r own c u l t u r e and t r a d i t i o n a l
governing a u t h o r i t i e s a l o n g s i d e t h e o f f i c i a l l y imposed system. I n order t o overcome t h e i n t e r n a l d i f f i c u l t i e s amongst t h e
r e v o l u t i o n a r y groups i n Guatemala, MAYAS
and o t h e r I n d i a n groups a r e e l a b o r a t i n g
t h e i r own p o l i t i c a l p h i l o s o p h y and s t r a t e g y .
MAYAS i s examining the development o f two
" c o - e x i s t i n g " n a t i o n s , f o r t h e Guatemalan
or " l a d i n o " people and t h e other f o r the
numerous I n d i a n Nations w i t h i n t h e country,
c o - e x i s t e n c e w i t h s e l f - d e t e r m i n a t i o n . He
brought w i t h him a l e n g t h y document on the
establishment o f a l i b e r a t e d I n d i a n N a t i o n ,
f r e e of e i t h e r l e f t o r r i g h t - w i n g i d e o l o g i e s
which have evolved from the European r e a l i t y . The document, r e c e n t l y d r a f t e d by
h i s people, i s i n the process of being
t r a n s l a t e d and w i l l be summarized i n a
l a t e r Up-Date.
"The c h a l l e n g e t o our people i s so great
i n what we face w i t h a l l our l i m i t a t i o n s ,
the support from the o u t s i d e world so
m i n i m a l , t h a t we r e q u i r e c o - o p e r a t i o n ,
s o l i d a r i t y , from the many other I n d i a n
Nations f o r our s u r v i v a l , " he added. " I n
our s t r u g g l e we a r e t r y i n g to put a flame
to t h e s i l e n t , smoldering f i r e of r e s i s t ance to our o p p r e s s i o n . "

page 18
HUMAN RIGHTS FUND FOR INDIGENOUS PEOPLES
Of interest
to Indian Governments may be
the following
information
contained in a
brochure sent recently
to the Union of
B.C. Indian Chiefs office from London,
England. The information o u t l i n e s the
availability
of political
and
financial
support for those Indian Nations
interested in exposing major issues to the
international community:

The situation of
indigenous peoples today
There are some 200 million indigenous peoples in
the world, living in Australasia, throughout the
Americas, Africa and Asia and in parts of Europe.
They are the original inhabitants. Today they are
amongst the most oppressed, exploited and
marginalised sectors of society and their future is
under threat. In the last decade, however,
indigenous peoples have grown stronger. They are
now forcefully demanding the right to be heard, to
have their way of life respected and to determine
their own development.

Purpose of the fund
The Human Rights Fund for Indigenous Peoples
will enable threatened and oppressed indigenous
peoples to make their human rights problems
better known to the international community and
the general public. It will assist with the travel and
other expenses of representatives of indigenous
peoples to the United Nations Working Group
on Indigenous Populations.

The United Nations and
indigenous peoples
The Working Group on Indigenous Populations of
the United Nations is the only international forum
for the discussion of indigenous peoples' rights. If
it is to function successfully the Working Group
must receive statements from indigenous peoples
from all over the world. At the present a number
of obstacles obstruct this procedure. Most
importantly, the expenses of travel can be
particularly onerous to indigenous peoples; the
official languages of the United Nations are
sometimes unknown to the indigenous peoples and
unfamiliarity with United Nations procedure and
the manner in which to put interventions can act
as a barrier to communications.

Assistance provided
by the fund
In view of these difficulties the help envisaged by
the fund includes the following:
• Financial help towards travel to the Working
Group on Indigenous Populations of the United
Nations Commission on Human Rights, which
takes place annually during the first week of
August in Geneva, Switzerland
• Provision of living expenses during the period
• Advice on presentation of submissions to the
United Nations
• Translation into United Nations working
languages and secretarial support
• The arrangement of visits to other bodies based
in Geneva such as the International Labour
Organisation, the United Nations High
Commission for Refugees, the World Council of
Churches; help with press liaison.

Administration of the fund
The fund is administered by the Anti-Slavery
Society for the Protection of Human Rights which
is a non-governmental organisation with
consultative status at the United Nations. The
Society has been concerned with the issue of
indigenous peoples' rights since 1837.
The disbursement of funds is made after
consultation with an advisory group made up of
representatives of indigenous .peoples and
representatives of NGOs with a concern for the
rights of indigenous peoples.

How to get support
from the fund
Representatives of indigenous peoples who want to
address the United Nations Working Group on
Indigenous Populations and need help with travel
and other expenses, should write to:
Human Rights Fund
The Anti-Slavery Society
180 Brixton Road
London SW9 6AT
You should try to provide information about your
organisation and the kind and amount of support
required.

page 19
SUPPORT NEEDED FOR PEACE INITIATIVE
Caught between the U.S. d e s i r e to
overthrow the r e v o l u t i o n a r y government and the d e s i r e of the S a n d i n i s t a s
to c o n s t r u c t a s i n g l e , u n d i v i d e d and
l i b e r a t e d n a t i o n , the I n d i a n people of
Nicaragua are r e q u e s t i n g i n t e r n a t i o n a l
support f o r a p e a c e f u l s o l u t i o n .
Speaking at a press conference sponsored by Senator Edward Kennedy i n
Washington D.C. on January 29th, Brookl y n R i v e r a , General C o o r d i n a t o r of
M i s u r i s a t a , the o r g a n i z a t i o n r e p r e s e n t i n g the Sumo, Rama and M i s k i t o
I n d i a n people, requested support i n
t h e i r e f f o r t s to n e g o t i a t e a p e a c e f u l
s o l u t i o n t h a t i n c l u d e s the I n d i a n
interests.
"The I n d i a n people are o n l y f i g h t i n g
f o r t h e i r r i g h t s : We have been f i g h t i n g
f o r s u r v i v a l a g a i n s t the n e o c o l o n i a l
p r a c t i c e s of the government. We o n l y
w i s h f o r the r e - e s t a b l i s h m e n t of our
h i s t o r i c r i g h t to our l a n d and autonomy
and f o r p e a c e f u l c o - e x i s t e n c e w i t h other
peoples of the country.
Our f i g h t i s
not of the l e f t or the r i g h t wing,"
R i v e r a s t a t e d , "but f o r the I n d i a n s . "

of the l e f t and the r i g h t i d e o l o g i e s have
long overshadowed the l i f e - t h r e a t e n i n g
s i t u a t i o n of the I n d i a n people and t h e i r
s t r u g g l e to s u r v i v e i n Nicaragua," N a t i o n a l
Congress of American I n d i a n s ' E x e c u t i v e
D i r e c t o r Suzan Shown Harjo d e c l a r e d i n supp o r t of R i v e r a . " I t i s time a l l people pay
a t t e n t i o n to the f u t u r e of the I n d i a n people
and to c a l l upon a l l p a r t i e s to assure t h e i r
f u t u r e and to stop u s i n g them as a p o l i t i c a l
football."
Negotiations f o r a peaceful solution i n
the I n d i a n t e r r i t o r y of Nicaragua were
stalemated s i n c e the f i r s t meeting between
M i s u r i s a t a and the S a n d i n i s t a Government
l a s t November when a Commission was e s t a b l i s h e d to d e f i n e I n d i a n autonomy. M i s u r i s a t a d i s a g r e e d w i t h the make-up of the
government appointed commission, and was
r e q u e s t i n g an independent I n d i a n commission
to d e f i n e "autonomy".
(Since t h i s press conference given by
Brooklyn R i v e r a i n Washington D.C,
a
new date f o r n e g o t i a t i o n s between the
Nicaraguan Government and M i s u r i s a t a r e p r e s e n t a t i v e s has been t e n t a t i v e l y s e t .
A meeting between the two groups w i l l take
p l a c e i n Colombia, South America, March 23
and 24.)

R i v e r a e x p l a i n e d the s t r u g g l e h i s people
are i n v o l v e d i n was r e v o l u t i o n a r y because
" i t i s seeking the l i b e r a t i o n and defense
of I n d i a n s . We want to r e t a i n our e t h n i c
i d e n t i t y and a b o r i g i n a l r i g h t s . We are
now making attempts to work w i t h the
Nicaraguan Government to t r y to f i n d a
p e a c e f u l s o l u t i o n to the e x i s t i n g conflict.
Both r i g h t and l e f t wing f o r c e s
are opposed to t h i s peace process and
have threatened us not o n l y p o l i t i c a l l y
but p h y s i c a l l y as w e l l . "
R i v e r a , who was r e c e n t l y wounded i n bombings of I n d i a n v i l l a g e s i n Nicaragua,
thanked the governments of Canada, France,
Sweden, H o l l a n d and Colombia f o r t h e i r
help i n s e t t i n g up the f i r s t meeting
w i t h the Nicaraguan Government and t h e i r
e f f o r t s to a s s i s t the peace process.
"We ask the help of a l l those people and
o r g a n i z a t i o n s t r u l y concerned w i t h the
I n d i a n s ' p l i g h t i n Nicaragua.
There
w i l l be no n a t i o n a l peace without j u s t i c e
for the indigenous peoples of Nicaragua,"
he s a i d .
"The

East-West i s s u e s and the o b j e c t i v e s

The World Council of Indigenous Peoples Executive Co


UNION OF
B.C. INDIAN CHIEFS
UP-DATE

3rd Floor - 440 West Hastings Telephone: (604) 684-0231
Vancouver, 8.C. V6B 1L1 Tetex: 04-54220

February/March, 1985 ISSUE NO. 12

President’s message:



The Indian fishery in British Cofumbiéa
44 one of most Lmportant nesources
upon which we as Indian Peonge rely.
Ogten we hear it said that if the
AQimon A@SouLCe 6 Aendered extinct,

40 too will the Indian people become
extinet.

Those af you in the communities do not
need to be reminded of the cnportance

of this resource...for you Live because
of the continued existence of your {ish-
ete. Cee cultures ase woven closely
anound a clean environment and healthy
resources. Over the years this relation-
Ship has been deteriorated in the name

of progress with no real concern as to
what effect this progress may have on the
envizonment or on the renewable resources
upon which people rely, especially Indian
People. It 46 in essence "progressive
destruction.”

Bands and Tribal Councils addressing the
AbbUCS Of hazardous wastes of all manner
of industries, domestic wastes which
ampact upon our ain, water, Lands and
upon our peoples, ane to be commended.
Fon it 16 these types of efforts which
help us stop the cndiscriminate pollut-
4on, waste and destruction. Through
ake of this, we should not Lose sight

of the basic struggle we nave with re-
gards to our fishery.

As well as facing these environmental
encroachments, we have had to face

for many years the constant harrass-
memf and atrests for practicing our
aboriginal rights to 4ish. There i
every indication that these occurances
wih not stop. I say this because once

again the Department of Fisheries and
Oceans is changing its regulations to
expand their sphere of assumed authority
over our way of Life.

This type of restrictive action upon our
people 4A no different from those Laws

the Canadian government passed forbidding
Indian People from practising the potlatch.

We must not peunit the neutralization or
elimination of the Indian culture in the
freedom to, uithout hindrance, practise
the traditiona£ way of Life respecting
the use of 44h.

Indian People have a common objective to
the control of their fishery and marine
resources, both offshore and inland,
thereby having an effective involvement
in the enhancement and management of the
(ish and marine resources. This 46 our
common objective regionally, nationally
and, indeed, internationally.

Let us continue to protect our 4ishery
... Fon in doing so, we protect ourselves
and those who follow us into the future.

Chiex Sauk Terry

The First Ministers Conference
on the Constitution will take
place in Ottawa April 2 and 3.
Proceedings will be televised.



page 2





UBCIC HEALTH CAREERS CONFERENCE
One in five Indian children will
die before the age of 4; four of
avery ten Indian adults will die
a violent death; and many more
Indian youth will commit suicide
than anyone cares to contemplate.
But statistics don't die--people
do, and those who remain behind
carry a grief that cannot be
measured.

Since the health status of Indian
people has not altered its appall-
ing course, it is obvious Indian
control of Indian health is an ur-
gent requirement for Indian Govern-
ments. Since funds have become
available to the Union of B.C.
Indian Chiefs to bring together
people interested in the Indian
Health Career field, the UBCIC
will be hosting a Health Careers
Conference in Vancouver on March 26,
27 and 28, 1985.

The Conference will be addressing
various areas in Indian health in-
cluding Health Career opportunities
and Indian Health Policy. All travel
expenses, accomodations and meals
will be provided. The conference
will be held at the Ming Court, 1160
Davie Street, in Vancouver.

For further information please contact
Mildred Poplar or Violet Birdstone at
the UBCIC office at phone #684-0231.





PROVINCIAL COURT JUDGE DECIDES FEDERAL
FISHERIES REGULATIONS SUPERCEDE TRADITIONAL

LAWS IN KAMLOOPS COURT RULING.........0s000.
Traditional laws in place since time im-
memorial to care for and regulate the fish-
eries were disregarded entirely by Kamloops
provincial court Judge Ross Simpson in his
January 30th conviction of four Fountain
Band members.

The four, including Fountain Band Chief
Roger Adolph, were found guilty of illegal
salmon fishing and obstruction of a federal
fisheries officer. Chief Adolph was given
a conditional discharge and placed on a
year's probation for the obstruction charge
which Judge Simpson found was aimed more at
preventing, than creating a confrontation.

UBCIC lawyer Louise Mandell had argued

during the trial aboriginal rights entrenched
in the Constitution were superior to provin-
cial and federal fishing regulations. She
presented evidence that several treaties

and conventions dating back to the Royal
Proclamation of 1763 gave Indian people the
"exclusive right’ to fish the Fraser River.

In the decision handed down by Judge
Simpson, he ruled aboriginal fishing
rights are subject to government fishing
regulations and that the Royal Proclam-
ation of 1763 did not apply to the prov-
ince of British Columbia.

Chief Adolph said the decision failed to
give recognition to the fact Indian people
make their own fishing laws. "Our tradi-
tional laws have been in place since time
immemorial. Fishing is our right and

that right must not be interfered with."

INTERNATIONAL YOUTH YEAR - 1985: Participation, Development and Peace-—those are the
themes of International Youth Year (IYY), as 1985 has been designated by the United
Nations. Around those three themes, the International Youth Yeat is intended to
promote the integration of the concerns and interests of youth (ages 15-24) with those
of the whole society, and, as well, promote the understanding and appreciation of the

contribution young people can and do make.

To coordinate Canada's observance of the

special year, the federal government has established an International Youth Year
Secretariat with the Department of the Secretary of State. In addition, the Ministry
of State for Youth has special project dollars available to mark the year in Canada.
Grants totalling nearly $500,000 have already been allocated for 22 special projects
which will encourage youth to take part in decisions which concern them, and to raise
public awareness of their concerns, aspirations and contributions.

If Indian Governments are aware of youth in their community who wish to put forward
some of the multiple and grave concerns facing them and their future, information
on grants available for them to mark this year is available from Daniel Cayer. (phone

number: 819-994-2424)

Ge TWIN-TRACKING IMPACT UNKNOWN

With 50 percent of all B.C. salmon stocks
originating in the Fraser and Thompson
River systems, and the CN Railway intend-
ing to double-track along those environ-
mentally sensitive river systems, the
issue effects all B.C. Indian people...
not just the 60 reserves located along
its path. The 36 Indian Bands of the
Alliance of Tribal Councils most direct-
ly impacted by the CNR Twin-Tracking Pro-
ject, mainly located alongside the CNR
mainline, have worked and continue to
work long and hard to ensure the con-
struction of the railroad does not inter-
fere with the Indian way of life which,
since time immemorial has depended upon
the rivers to provide food, spiritual

and cultural sustenance.

In a letter dated February 7, 1985, to
the Honorable David Crombie, Minister of
Indian Affairs, Chief Robert Pasco of the
. Oregon Jack Creek Indian Band outlines a
chronology of recent developments regard-
ing the double-tracking:

"The Alliance Bands and other Bands
who are concerned with respect to the
fishery resource met C.N. officials on
January 18, 1985, at Lytton. Mr. Ross

Walker, Vice-President, Mountain Region

was in attendance along with Dr. Owen
Anderson, Regional Director General
(B.C. Region), Senator Len Marchand,
Joe Leask, Head of Reserves and Trusts,
Ottawa. The Bands outlined their
concerns regarding the twin tracking
issue and the meeting ended with an
impasse.

As a result of the impasse a writ of
summons and statement of claim was
issued on behalf of the 36 Bands, who
make up the Alliance, against Canadian
National Railway. The writ was issued
on January 25, 1985, and served on CNR
on the same date. ,

One of the urgent reasons for issuing
the writ was the fact that CNR intended

to commence construction on the Thompson

River (between mile 59.8 to 67.8, Ash-
eroft subdivision) which would directly
affect the Oregon Jack Creek Indian
Band and the Cook's Ferry Indian Band.

Further, Senator Len Marchand saw a

page 3

need to bring the parties back to=
gether in order-to discuss the prob=
lems the Alliance Bands faced. He
consulted with Mr. Ross Walker and
the Bands and arranged another meet~-

‘ing in Vancouver on January 3l, 1985.

At this meeting, the Vice-President
of CNR, Ross Walker, was in atten-
dance together with various CN offic-
tials and lawyers. Dr. Owen Anderson
and other representatives of the

' Department of Indian Affairs were

in attendance as well. At this
meeting, CNR agreed to listen to

the Bands’ concerns and explore
possibilities of modifying their
designs so that the Bands' fishing
rights would not be affected. Fur-
ther, they agreed to delay construc-
tion until March 1, 1985, to give
this process an opportunity to add-
ress the Bands’ concerns.

Accordingly a working group has now
been established, with representat-
ives of CNR, DIAND, and the Chiefs,
to deal with the construction which
affects us most immediately (mile
59.8 to 67.8, Ashcroft subdivision) .
Senator Len Marchand has agreed to

-oversee this process and be avail-

able should this process become
stalemated.

The Alliance of Tribal Councils
does not oppose double tracking as
such. They merely insist that the
second track be constructed in such
a way as not to interfere with our
vested rights. The rights involve
our ability to fish in the rivers
and supply our people with their
daily food sustenance and sustenance
for our way of life. The issues
which face us, and which face CNR
and the Government of Canada, go to
the very heart of our existence as
Indian people.

Since time out of mind we have
fished the rivers in order to pro-
vide ourselves with food, spiritual
and cultural sustenance. Our reli-
ance upon the river and the fish

is a complex interrelated system.
This has not been readily under-
stood by the CNR. In fact, it was

page 4

not until January 31, 1985, at a
meeting with the Alliance Bands,

CNR and the Department of Indian
Affairs, that CNR agreed to lis-

ten to the Bands. For our part,

we promise to do our best to ex-
plain to CNR our use of the river.
What we ask for is that the rail-
road be constructed so that it does
not interfere with our way of life."

With the delay in construction granted by
CNR until March lst, the Alliance of
Tribal Councils temporarily withdrew the
writ of summons and statement of clain.
In the meantime, Chief Pasco, on behalf
of the Alliance, appeared before the
Standing Committee on Fisheries and For-
estry and on Indian Affairs in Ottawa,
February 7th.

As a result of that presentation, the
Standing Committee reached a precedent-
setting unanimous decision to ask Par-
liament for a one-year delay in the
double-tracking. The Committee also
recommended that CN Rail reveal the re-
sults of its own environmental and eco-
nomic impact studies, that the company .
justify the economic benefits of the
project arid that alternatives to the
twin-tracking system be examined.

On February 12th, CNR officials met with
the Parliamentary Standing Committee on
Fisheries in an attempt to counter the
Alliance's success, but apparently raised
more questions than answers insofar as
the twin-track project's impact is con-
cerned. With the House of Commons ad-
journed until February 25th, the motion
was not addressed in the House until
February 27th, at which time a rather
lively and positive debate in favour

of the motion was put forward.

While the Progressive Conservative major-
ity in the Commons was able to block a
vote on the motion, CNR was again requir-
ed to postpone construction until March
15th, since Transportation Minister Don
Mazankowski did not sign the Order-in=
Council required before CNR could pro-
ceed.

Due to the intense debate on the double-
tracking in Parliament, Mazankowski,
along with Cabinet colleague John Fraser,
Minister of Fisheries, the President of

CN Rail Maurice LeClair and Senator Len
Marchand, then met in an all-day session

at the UBCIC offices with representatives

of the Alliance of Tribal Councils and

UBCIC lawyer Leslie Pinder in an attempt to
sort out issues CNR should have been address-
ing years prior.

With the final March 15th deadline for
construction fast approaching, Mazankowski
has still not signed the necessary Order-
in Council for CNR to proceed with the
construction in the critical Ashcroft sec-
tion. Alliance representatives met March
7th in Ottawa with David Crombie, Minister
of Indian Affairs, to remind him of his
legal obligations on behalf of the Alliance
lands and rights and to request a further
meeting with him here in B.C. The full
Cabinet as well is expected to meet on the
issue at any time.



2e=

SENSITIVE AND ( Hl VALeMounT
CRITICAL AREAS }) i 0

MI CRITICAL AREA






\WILLIAMS LAKE. .

KELOWNA e

\ 1
3 \PENTICTON®

Bs
C /HOPE

/







CRITICAL ENVIRONMENTAL AREAS ALONG THE
THOMPSON AND FRASER RIVER CORRIDOR....

page 5





ALLIANCE PRESENTATION ON CNR TWIN-TRACKING GAINS UNANIMOUS SUPPORT FROM STANDING COMMITTEE

With a final deadline of March 15th for commencement of construction of the CN Railway
Twin-Tracking Project along the critical 10 mile section south of Ashcroft fast approach-
ing, the Alliance of Tribal Councils was successful in gaining precedent-setting unanim-
ous support from the Standing Committee on Fisheries for a one-year delay. The support
came February 7th after Chief Robert Pasco appeared on behalf of the Alliance of Tribal
Councils in Ottawa.

The motion, which required Parliamentary consent, was stalled in the House of Commons on
February 27th. However, due to the unanimity of the Standing Committee and the intense
and favourable nature of the Parliamentary debate, Transportation Minister Don Mazankow-
ski delayed signing the required Order-in=-Council for CNR to begin construction on March
lst. That date was the end of an agreed month-long delay granted by CNR during discuss—-
ions arranged by Senator Len Marchand with Alliance of Tribal Council representatives.
March L5th is CNR's own deadline, which company representatives suggest is the final date
on which they say they can begin construction.

Due to the significance of this issue, the presentation made by Chief Pasco to the
Standing Committee is re-printed in its entirety:

"The purpose of our appearance before the Standing Committee is

to present the recommendation of the 36 Indian Bands from British
Columbia most directly impacted by the CNR Twin Tracking Project.
These Bands have communities which are located alongside the CNR
mainline. The CNR track passes through about 60 reserves along
the 750 miles between Valemont to Vancouver. The railway plans

to double track over the next 20 years. Most of this occurs along
the environmentally-sensitive Fraser and Thompson Rivers.

A substantial amount of construction work has already been com=-
pleted along some stretches. CN has to date twin-tracked a total
of 222 miles, namely in sections from Edmonton to Valemont. This
constitutes a total one third of 750 miles. There remains 528 miles
of the second track to be completed. We believe there are several
critical issues that require study and evaluation before any fur-
ther work proceeds. For this reason, we wish to make three specific
recommendations.

1. The economic justification for the CNR twin-tracking
be made available to the Alliance of Tribal Councils.

2. That the Alliance of Tribal Councils be supported
politically to complete an objective evaluation of the
many potential impacts the project will have on the
people living in our communities and on the salmon
resources of these rivers.

3. That there be a one year postponement on any further
construction while the social and environmental
implications are assessed.

Because of the large investment to be made in this project over
Many years, we believe some extra time and money spent now can avoid
costly and unnecessary damage to the environment and to the people
living along the track.

The decision to alter the approach the CNR is taking must come from
the Government of Canada for many reasons. The CNR is a crown cor-





page 6



CNR _TWIN-TRACKING continued:

poration. The multi-billion dollar cost will be paid through
changes in Federally-approved freight rates. The responsibility
for Indians and land reserved for Indians rest with the Department
of Indian Affairs. The Department of Environment and Fisheries
have specific resources they are mandated to protect.

Our priority area where the CNR intends to begin construction

is a 10 mile section located south of Ashcroft, along the Thompson
River. This would occur through the reserves and fishing areas

of three Indian bands and would impact important pink salmon and
steelhead habitat. The bands only received the environmental
assessment report prepared by CNR consultants in mid-December.

The CNR intended to start dumping ballast into the river on

15th February.

At a recent meeting, they agreed to postpone the start until

1 March. However, this is far too little time to deal adequately
with the impacts. For example, along this stretch the second
track will be built on the riverside of the existing one. The
CNR report acknowledges that the infilling into the river will
destroy fish habitat but does not suggest how this can be avoided
or mitigated. The CNR and the Department of Fisheries have
agreed to use part of this section as a test area to try to
determine what the impacts will be. However, the Alliance be-
lieves this part of the river is too important to be ‘handled

this way.

This construction will alter the river bank in a great many
locations. This will damage Indian fishing sites and trails
down to.the river. Changes to the flow characteristics of the
river could change the routes the salmon take and make other
sites useless for traditional Indian methods of fishing.

The time to study the river is before the work 46 done, not

after. A one year period is needed to analyze the changes in the
river and to monitor the movements of the fish over a season. The
various locations used by Indian fishermen in response to these
changes can also be documented. At the same time, the construction
plans of the CNR can be analyzed in relation to this information
and changes agreed to by the railway and the bands to prevent
unnecessary damage.

Over 50% of all B.C. sakmon stocks originate in the Fraser and
Thompson River systems. These stocks have declined drastically
over the years as development has occurred along the river valleys.
We must know what the additional effects of double tracking will
be begore the project continues any further. The salmon are an
important food source and cultural factor to the Indian people.

We also have legal fishing rights along the rivers that were
established when the reserves were defined by the Royal Commission
in the 1880's. We must have the time to ensure this renewable
resource and our rights to it are not lost.

We also believe the Alliance must have the independent capability
to evaluate the plans and procedures of ‘the CNR. The environmental
assessments have been vrepared bv CNR in-house consultants working







page i



CNR TWIN-TRACKING continued:

on the Technical Working Group. The terms of reference of the
TWG specifically exclude any consideration of Indian fishing or
heritage sites. The Steering Committee made up of the CNR and
government agency representatives has not included the Department
of Indian Affairs. Therefore the people with the most to lose
because of this project have been excluded from the main decision-
making process to date.

The Alliance bands made many submissions and presentations to
the Environmental Assessment Panel hearings. We would encourage
the Committee members to review the transcripts of the hearings
for more information on these issues. We have attached to this
presentation a copy of a statement of concern that summarizes
many of these.

The Alliance of Tribal Councils has hired professional expertise
to conduct the work necessary to place Indian concerns into the
overall environmental design of CNR's twin tracking program.

The Department of Indian Affairs supports this concept and does
so by providing the necessary resources.

As a concluding remark, I wish to emphasize to the Committee
members that the Alliance of Tribal Councils is prepared to
co-operate fully with the CNR and the regulatory agencies to
arrive at an acceptable approach to the Twin Tracking Project.
We want to see many existing problems with the overations of
the railway corrected. We want to be sure that the best design
45 developed to protect the riven, tne sakmon, and our access
and {ishing sites; not just the cheapest and most expedient
design for the CNR. We have many outstanding property issues
that we intend to resolve with the CNR. These can be dealt with
in a reasonable manner if the Government of Canada and the CNR
will acknowledge our Aboriginal rights are a central factor to
this project and that our communities have much at stake in the
way the project proceeds over the next 20 vears.

I sat as a member of the Environmental Assessment Panel for over

a year until the CNR decided to proceed with the work near Ashcroft
through my reserve land without even meeting with my band. I was
forced to resign to avoid a conflict of interest between my obli-
gations to the Oregon Jack Creek Band and the need for an objective
input into the final report of the panel.

As a panel member, I came to appreciate how manv potential con-
flicts inherent in a major project can be resolved if all parties
take a comprehensive and reasonable approach that accomodates

all interests. I feel Parliament has to force the CNR to take

a broader and more {Lexible view of its mandate and to realize
they have responsibrlities that extend far beyond 90 foot
boundaries of thecr sight of way.”







ae SE SESE ee carning the West Coast Fishing Industry.
The Paliamentary Standing Committee While the deadline for requests to appear
will be travelling to Kamloops, Van- before the Committee is March 15th, Indian
couver, Campbell River, Nanaimo and Governments may still wish to watch for
Prince Rupert from March 23 to April these hearings in the B.C. Communities.

3, 1985, to receive submissions con-







OF B.C. INDIAN CHIEFS COUNCIL
LIANCE ON CNR DELAY

At the Chiefs Council of the Union
of B.C. Indian Chiefs held on March
4,5, and 6, 1985, the following res-
olution was passed urging the Govern-
ment of Canada to comply with their
legal and moral obligation to protect
the exclusive fishing rights of the
Indian people along the Fraser and
Thompson River watersheds.

Telexes of the resolution were sent

to Prime Minister Brian Mulroney, all
relevant Ministers, Leader of the Oppo=-
sition and numerous M.P.'s.

"We respectfully submit this request in
support of the Alliance of Tribal Councils
and those other Indian Nations which wiil
be affected and bearing in mind the strong
recommendation through unanimous vote of
the Parliament's Standing Committee on
Fisheries and Forestry and Indian Affairs.

WHEREAS the C.N. double tracking project
will irreparably affect the fish-
ery of the Musqueam, Sto'lo, Nila'
kampux, Shuswap, Lillooet, Chil-
cotin, Carrier and Sekani Indian
Nations, and




reaty shing rights are subservient
to Federal fisheries laws according to
Nanaimo provincial court Judge Doug
Greer. Despite the Constitution's re-
affirmation of existing aboriginal and
treaty rights, Judge Greer convicted
six Nanaimo Indian Band members of
February 15th for fishing with a net
on the Nanaimo River and doing so with-
out a licence.

The six Nanaimo Band members were
fishing in an area within the bound-
aries of the Douglas Treaty, which
acknowledged fishing and hunting rights
in perpetuity. Judge Greer, however,
interpreted the words "in perpetuity"
to mean: "so long as the Indian people

have the money to pay the fines and appeal
costs for their protracted legal battles
required to defend those rights." UBCIC
lawver Louise Mandell, who represented the
Nanaimo Indian Band members, will appeal
the decision.

WHEREAS further time is required to in-
vestigate more specifically the
a) environmental,

b) social and economic impacts,

¢) economic justification for
proceeding with the project,
and,

d) applicability of modern tech-
nology to improve movement of
goods without double tracking.

THEREFORE BE IT RESOLVED that the Govern-
ment of Canada provide the Indian
people that shall be directly
affected by this rail project
with at least the minimal time
requested (one year) to more
thoroughly and actively invest-
igate the double tracking project
which, as presently planned, will
irreversibly impair their access
to a fundamental right within
their respective homelands.

BE IT FURTHER RESOLVED that the Honorable
David Crombie, Minister of Indian
Affairs, directly intervene with
the Honorable Don Mazenkowski,
Minister of Transport, on the
Indians' behalf in such a way as
to prevent construction from pro-
ceeding which shall interfere
with the Indians' fisheries and
other reserve lands.





PRODUCED BY:





The Alliance of Tribal
Nations, comprising the
Sto:lo and Ni'akapxm Tri-
bal Councils, N. Thomp-
son Band, Deadman Creek
Band and Bonaparte Band.

Copyright 1984










DISTRIBUTED BY:




Coquaileetza Cultural
Education Centre
P.O. Box 370

Sardis, B.C. V2R 1A7
858-7977







THE RIVER IS OUR HOME

The Alliance of Tribal Nations formed in October 1983 out of am urgent
need to save the wild saimon stocks of the Fraser and Thompson Rivers.



Historically, Canada's national railways have severely impacted Indian people
and the Indian way of life. Today our peopie and the saimon face a re-
newed threat as Canadian National Railway completes construction of its
second track through British Columbia. This final stage of the twin tracking
is proceeding through some of Canada's most culturally and environmentally
sensitive regions affecting more than 7,000 Indian people along the river
corridors.

This story is told through the words of our people, visual portrayals of
ancient fishing methods, and actual scientific documentation. it deals with a
very serious issue from a unique and sensitive perspective. 34 minutes.

page 10

LUBICON INDIAN BAND NEED MORE THAN
SPECIAL ENVOY--THEY NEED LAND.....
Caught without a treaty in the midst
of an oil-rich region, the 300 strong
Lubicon Lake Indian Band of Alberta
will need more than a miracle from the
recently appointed special envoy E.
Davey Fulton. Fulton, appointed at
the end of January by DIAND Minister
David Crombie, is to investigate the
Lubicon Lake Indian Band's land claim
which were never surrendered through
treaty.

Since Ottawa promised the Band a reserve
in 1940, but forgot all about it in the
meantime, the Lubicons are now considered
to be "squatters" on their own land by an
antagonistic Alberta government which has
already sold oil leases throughout the
Lubicon territory. Their case caught the
attention of the international community
when the World Council of Churches, meet-
ing in Vancouver in 1983, reported the
province of "Alberta has resorted to
cultural genocide in an effort to chase
Indians off their land."

The Geneva-based Council told a horri-
fying story, accusing the government and
oil companies of nothing less than "offi-
cial terrorism"? WCC director Anwar
Barkat at the time wrote to former Prime
Minister Pierre Trudeau:

"Provincial officials have deliberately
allowed fires in the band's traditional
area to rage unchecked, burning up thous-
ands of acres of boreal forest used by
band members for hunting and trapping.

"Traditional Indian hunting and trapping.
trails have been turned into private oil
company roads...Oil company workers have
been instructed to deliberately scare
game out of the area by firing rifles."
Provincial government officials were also
accused of threatening to bulldoze the
Lubicons' homes if they didn't accept
government housing lots, thereby jeopar-
dizing their land claims.

In February 1982, the Band took ten oil
companies working in the area to court
asking for an injunction to halt further
activity. In November 1982, the judge
rendered a decision that the Indian way
of life no longer exists and thus cannot
be damaged, therefore denying the injunc-
tion. He ordered the Band to pay the

entire court costs and legal fees. The

oil companies are now in a position to use
threats to make immediate collection to
pressure the Band not to take further legal
action.

The Lubicons, however, have continued in
their legal actions and, on January llth,
the Alberta Court of Appeal upheld the
earlier refusal to grant an injunction. The
lawyer for the Band, Kenneth Staroszik,
filed documents on February 18th seeking
permission to appeal the decision to the
Supreme Court of Canada.

The Lubicon Lake Bank, besides seeking the
injunction against Petro-Canada, Dome Petro-
leum and eight other oil companies, is suing
the government for 23,000 hectares of reserve
land and 300,000 acres of hunting and trap-
ping land.

In the meantime, in August of 1984, the
Justice Department finally delivered its
much-delayed legal opinion to the Depart-
ment of Indian Affairs, stating the Band
did not have aboriginal rights, and that it
was entitled only to a reserve under Treaty
8, the Treaty the Lubicons.were originally ~
excluded from decades earlier.

While E. Davey Fulton attempts to mediate
the issue, the Lubicon Lake Indian Band
will attempt to carry its legal battle
against the ten oil companies, the Alberta
and Federal governments all the way to the
Supreme Court.



POLLUTION PREVENTION PAYS SYMPOSTUM
The Hazardous Waste Management Co-
alition will be sponsoring a two-

day symposium, April 13th and 14th

at the Robson Square Media Centre,
beginning each day at 10:30 a.m. Daz.
Donald Huisingh of North Carolina State
University wll be giving a public Lec-
tune §:00p.m. Aprck 13th, A Leading
expert in the field of toxic waste red-
uction and recovery, Dr. Hurisingh will
explain how ecology uith economy 4
technically feasible and economically
beneficial... For further information
on the symposium, contact Darlene
Taylor, environmental health officer
at the UBCIC office (phone: 684-0231]





page ll

MEARES ISLAND INTERVENTION REQUIRED TO REVERSE DECISION ON ABORIGINAL TITLE IN 8.C.

When Justice Reginald Gibbs decided January 25th that Aboriginal title was extinguished
in B.C. at the time of Confederation, he went well beyond the issue of Meares Island
and, without the authority to do so, he decided upon major areas of concern to all
Indian Nations here. For example, Justice Gibbs decided all aboriginal title in the
province had been extinguished before 1871 or, if he was wrong on that point and title
had survived confederation, he ruled the province had the power after confederation to
extinguish aboriginal title by passing general acts of legislation. By enacting the
Forestry Act, he said, the province had extinguished title to the trees.

Subsequently the UBCIC legal department was advised a five-man bench of the Court of
Appeal had been appointed to sit on the Appeal "to decide the issue of aboriginal
tithe once and for abe.”

With this background, the Union of B.C. Indian Chiefs made application to intervene

at the Appeal, together with the Carrier Sekani, the Gitksan Wet'suwet'en and the
Shuswap Tribal Councils, on behalf of twelve Bands, along with the Taku River Tlingits.
The purpose of the intervention was to prove to the Court of Appeal that Mr. Justice
Gibbs was wrong in making his decisions and to urge the Court of Appeal not to decide
the question of aboriginal title until the issue is properly presented in evidence at a
full trial. The intervenors urged the court not decide the case so as .to affect or
prejudice the aboriginal title of other Indian Nations in British Columbia.

In a report to Chiefs Council on March “4th, UBCIC lawyer Louise Mandell submitted the
following information on the Meares Island intervention:

"

The Application to Intervene

On February 19, 1985, Arthur Pape and myself appeared before the Court of

Appeal to make application to intervene. The application of the Union of

B.C. Indian Chiefs was opposed by council for MacMillan Bloedel who argued
the Union did not have any direct interest in the case.

The law on granting to intervenors the right to intervene in a case is
not helpful to us. The courts have developed rules against parties inter-
- vening in actions merely because they have a direct interest in the result
of the case. The courts try to avoid a number of parties joining in actions,
the result of which would be delay. However, we urged the court to allow
the intervenors the right to intervene, not on the particular facts of
Meares Island but on the general public law issues involving aboriginal
title. Our arguments stressed the intervenors had a direct interest
in the case, a different perspective to bring to the issue, and particular
expertise on the question. Our arguments prevailed and all of the inter-
venors were awarded standing, including the Union of B.C. Indian Chiefs.
We were to co-operate by presenting an argument on behalf of all the
intervenors.

One minor step forward is the precedent setting decisions of Mr. Justice
Essen granting us intervenor status. The law of British Columbia has now
improved to permit a wider participation in case effecting aboriginal rights.

The Intervenors Argument

‘We concentrated our argument on three sections: the test to grant an
interlocutory injunction, whether aboriginal title was extinguished before
1871, and whether the province is capable after 1871 to extinguish
aboriginal title through its general powers.



page 12

MEARES ISLAND INTERVENTION continued:

a) The test on interlocutory relief

Interlocutory relief is granted to-a party before trial to prevent
a harm done to them before an issue can be decided on its. merit.
The evidence which would be presented at trial is generally not
before the court at an interlocutory hearing. The court must rely
upon affidavit evidence and an assumption that the facts claimed by
each of the parties in their documents are true.

The usual test on interlocutory relief is whether or not the parties
have an issue to be tried, and whether or not they will suffer irre-
parable harm if the injunction is not granted. Council for MacMillan
Bloedel and for the Province urged the court setting up aboriginal
title against the Province's right to grant resources to companies.
They urged the court to adopt the test that the Indians would likely
succeed at trial, rather than the test of whether there is an arguable
case.

The intervenors argued such a test is completely without precedent,
is unfounded, and is, on the face of it, unfair and somewhat racist.

b) Aboriginal title was not extinguished before 1871

The argument advanced by MacMillan Bloedel and decided by Judge

Gibbs was that the decisions of Mr. Justice Judson in the Calder

case ought to be accepted as the law of British Columbia. In the
Calder case, the court split 3-3 on whether or not aboriginal

title had been extinguished before 1871. Mr. Justice Hall ruled that,
because there was no expression in any legislation which demonstrated
the Crown intended to extinguish aboriginal title, aboriginal title
continued to survive the application of the early B.C. Land Acts.

The judgment of Mr. Justice Judson held that, because the Crown,

acting through the British Columbia legislature, enacted a series

of land acts which assumed the jurisdiction and title to the land to

the province, those land acts themselves had the effect of extinguishing
aboriginal title by implication.

Since the Calder case, a number of judges have followed either
Mr. Justice Hall's or Mr. Justice Judson's decision, recognizing
that the law is umsettled on this point.

Further,. since the Calder case, the Union of B.C. Indian Chiefs,
Dr. Brian Slattery, and a number of other people and organizations
have committed over a decade of research to argue aborginal title
may not be extinguished either by expressed legislation or by
implication, but only with the consent of the Indian nations. This
evidence and argument has never been presented to any court, and
certainly was not decided in the Calder case.

Finally, the authority which establishes the principle that aboriginal
title may be extinguished “at the goodwill of the Crown" comes from
the St. Catherines Milling Case, where the Indian nations were not
represented and where the phrase was interpreting another phrase

with the Royal Proclamation of 1763. This is important for our
purposes. First, in the St. Catherines Milling Case, the courts said
the Royal Proclamation was the source of all rights and decided



‘ page 13

MEARES ISLAND INTERVENTION continued:

c)

accordingly. The court in the Musqueam case has ruled the Royal
Proclamation does not apply to British Columbia. If they should

be right about this, there is no authority which they can rely upon
which establishes that aboriginal title, without reference to the
Proclamation, may be extinguished “at the goodwill of the sovereign."

The intervenors presented the legal arguments, referred to in this
section. In addition, we showed the Court examples of some of the
evidence which we feel is crucial to determining whether the Crown
had the right to extinguish aboriginal title "at their goodwill";
and evidence demonstrating the Crown intended that title survive,
and not be extinguished.

We were very careful in this part of the argument to arouse the
curiosity of the court without showing too much of what we had
gathered in new evidence.

Our argument was that the issue was undecided and not to be sent
to trial for determination.

The existence of aboriginal title after 1871.

It has always been assumed in law that the province has no power to
extinguish aboriginal title through the application of Section 92
powers. In the Calder Case, for example, council for the province
admitted if aboriginal title survived confederation, the province
had done nothing since confederation to extinguish it.

Yet, in 1984 the province was’ strenuously arguing it had power

to extinguish aboriginal title through the application of general
provincial legislation. Council for the province put it this way:
The issue in this case is whether or not aboriginal title is stronger
that the title of the province.

We argued the provincial government completely mischaracterized

the issue. It is not whether or not aboriginal title is stronger
than the province, rather whether aboriginal title is an aspect of
Section 91 (24) and 5.09 of the Constitution Act 1867 and is, there-
for, beyond the reaches of the province.

In argument, the intervenors relied upon the cases involving an
interpretation of Section 91 (24) and Section 109 to show the
issue had not been settled as the province maintained. Further,
we led some, but not all, of the evidence to show that when the.
British North America Act was constructed, it was intended
Indian Affairs and Indian title be placed beyond the reaches of the
province. It was our argument that, to the extent the issue is
unsettled, it ought to be put to trial. However, our view was
that the issue was settled and the province had no power to
extinguish aboriginal title, nor had they cited any authority on
this point which assisted them.

The Likelihood of Success

There were a number of signals from the bench which indicated the intervenors
argument would succeed. At one point, Mr. Justice Lamper asked council for



page 14

MEARES ISLAND INTERVENTION continued:

the province: "What authority do you have to support your view that when-
ever aboriginal title comes in conflict with that of the provinces, the
provinces have to win?" The province had no response to this question.

We hope the application for Meares Island will also succeed. However,

it may be decided against the Bands on the facts. The court might decide
there is harm which will result if the Meares Island application succeeds
and may refuse to grant the injunction on that basis. However, as I
indicated, it is our view the intervenors argument will succeed in any
event.

Should the intervenors argument fail, our recourse would be to apply for
leave to the Supreme Court of Canada. In addition, we could proceed with
the litigation which is pending, raising the evidence which has not yet
been raised and attempt to distinguish a judgment against us on the basis
of new evidence.



FREEDOM EXPRESS TO SUPPORT BIG MOUNTAIN
On April 10th the "Freedom Express" will leave Seattle, Washington, on its way towards
Big Mountain in Arizona. The "Freedom Express" will include a caravan of trucks and
cars that will carry donated foods and other relief supplies to the native people of
Big Mountain. Presentations about the issues affecting those residents of Big Mountain
will be carried out along the route.

Around 14,000 Navajo and Hopi Peoples face forced relocation from their ancestral home-
lands because of an ill-conceived government program authorized by P.L. 93-531, or the
Navajo-Hopi Land Settlement Act, which was passed by a largely misinformed U.S. Congress
in 1974, Multinational mining interests were largely responsible for the Act's passage.
Uranium, coal and oil underlie much of the native peoples' lands in the area. Such large
corporations as Kerr McGee, Peabody Coal and Exxon have been vying for lease agreements ©
to develop these resources.

Because human life and human rights are more important than profits, the first ‘Freedom
Express’ is being launched with the intention of raising needed donations, as well as
public awareness of this issue. Very few people are aware of the struggle of the Hopi
and Navajo living in the Big Mountain and who are facing this relocation.

When the Settlement Act was passed by Congress, they greatly underestimated the full
scale of its negative impacts. Cost overruns for this program alone total nearly half

a billion dollars, and the costs in terms of human life and suffering cannot be measured.
For these reasons the "Freedom Express" has been formed to
address these blatant human rights violations and help to
secure for the Indian people of Big Mountain their rights
to the land they have lived on for hundreds of years.

The 'Freedom Express'' is sponsored by the Freedom Fund of
Seattle. Also involved in this project are the Native
American communities located along the caravan route, and
the Big Mountain Support Groups. For further information
on the caravan and how to participate, please contact:

A. Quarto of the Freedom Fund in Seattle at the following
phone number: 206-323-5338.



UNION OF B.C. (INDIAN CHIEFS FORM
OO

T-SHIRTS
Infants: these nave been our hottescd seedling «tema.

18 an 24 months - Blue on red, $4.00
‘rath!
Smatl, nedium on Lange - whete and red. $6.00

and jor those of us uho can no Zonger squeeze into Youth... /
aD
Smai2, mediua, large, and x-darge - Slug on red. 36.00
ACT. CN Bt ANIMEDS,

"ETRST VATIONS SELF GOVERNMENT™ [985 action cLanner.
Good jon” Reepang Craak of unere you wean'’t out snoudd've Ooeen.

EE Cees,
Slug cn xed

Good ‘on Fomsat cewsGatues, 3140eds, Chiat, CerUeeEALi...

LAIR AM _ CPN PME _ SE _ACS,
Lai 2

Smazé

Be eS i OS ees

Téeation Budleti
George Manugd Posters





$6.00

32.50

$2.90

$75.00
$5.00

$5.90
$3.00



URDER FORM
PRoaase mail your, onder ta the: Union of 3.C. Indian Chiesa
oot Jéet “detaege Lokeet
(ties. 1... YM '.-

ee re ee









page 16
COMMISSION ON GUATEMALA MEETS

‘In response to a resolution passed at
the UBCIC Annual General Assembly in
November, a Commission on Guatemalan
Indigenous Peoples has been establish-
ed. The first Commission meeting, held
on January 25th, examined in depth the
possible efforts that could be made by
the Union of B.C. Indian Chiefs in sup-
port of the Guatemalan Indian people
who are suffering under a long-term
genocidal campaign.

The Commission's work, which is to be
carried out on various levels, will
include:

* The collection and translation of
relevant information coming from in-
side of Guatemala or from the refugee
camps in Mexico, and the dissemination
of the information to members, community
groups and media, where applicable.

* The response to "urgent action re-
quests'' (i.e. the situations arising
which may be of imminent concern or

harm to Indigenous refugees; lobby of
Ministers, M.P.'s, Canada's U.N. Ambas-
sador, or appropriate government officials
of related countries where human rights

of the Indigenous Guatemalans is subject
to debate or policy planning.)

* The co-ordination of such actions with
other concerned groups.

* The encouragement of the World Council
of Indigenous Peoples to carry out its
mandate from their 4th General Assembly
to support the Guatemalan Indian people
in their struggle.

* The examination of ways of providing
material support for their liberation
struggle.

Commission members include UBCIC President
Chief Saul Terry, Chiefs Mike Leach, Paddy
Walkus, and Ron Ignace; Arthur Manuel,
UBCIC staff members Mildred Poplar and
Kathleen Bell-Younger. Two Guatemalan
Indian representatives, Lix (Andres) Lopez
and Francisco Cali, will also be working
with the Commission cn a regular basis.

yw Yay















GUA WORKSHOPS FOR B.C. COMMUNITIES
Two Guatemalan Indian men, familiar to
everyone who regularly attends provincial
and national meetings, are in the process
of developing educational workshops on the
current situation in Guatemala. Lix (Andres)
Lopez, who has worked for years with the
World Council of Indigenous Peoples, and
Francisco Cali, a refugee from Guatemala,
are putting together resource material in
order to visit as many Indian communities
as possible during the coming months.

The workshops, a project of the coalition
on Guatemala, formed recently between the
Union of B.C. Indian Chiefs, the United
Native Nations and the Christian Task Force
on Central America, will include a variety
of audio-visual material that has been ac-
cumulated both on life within the country
and in the refugee camps in Mexico.

A slide show prepared by folk-rock singer
Bruce Cockburn during his visit to Central
America is available, accompanied by the
music he recorded for the show, "Guatemalan
Nightmare." In addition, there is a full-
length feature film called, "When the Mount-
ains Tremble, and another video on the re=-
fugees called, ''The North."

Lix and Francisco are hoping to co-ordinate
their visits to the communities with the
Indian Governments, U.N.N. locals and the
community Church groups in order to create
greater awareness, support and action for
the Indigenous peoples of Guatemala. Any
Indian Governments interested in having them
visit within their territory, may contact
either of the two men through the UBCIC
office here in Vancouver.

MAYAN INDIAN VISITS UBCIC COMMISSION
Out of 7 million people in Guatemala,
more than 5 million are Indian people.
Of this number, there are more than 1
million internal. refugees; 100,900

‘ Indian children orphaned; over 30,000
widowed women and another 30,000 murder-
ed in the many recent years of struggle.
Of greatest concern to the Indian people
is the massacre of the elders who carry
the knowledge of the culture of the
people...But we cannot only lament for
those who have died. The most import-
ant thing now is to see how we can
defend those who are still living.

That was the basic message brought by a
MAYAS representative who visited January
25th with the UBCIC Chiefs Commission on
Guatemalan Indigenous Peoples. (For reas-
sons of personal safety on return to
Guatemala, he requested his name not be
used.) The name MAYAS, besides referring
to the dominant Indian Nation in Guatema-
la, also is an anacronym for Movimiento
de Ayuda Y Accion Solidaria, which means
Movement of Support Help and Action.

The MAYAS representative explained his
reason for visiting the UBCIC was to

seek support for the Indian struggle in
his country and an awareness of their
situation. "The awareness is unfortun-
ately within a very painful context," he
explained, 'because of the continual
suffering of our people. But there is

a good point and it is that our people
are resisting. It is not the first time
our people have suffered. We have a 450
year history of it, but we are now arriv-
ing at the point where we may achieve our
liberation."

The struggle for Indian liberation in
Guatemala is not an easy one. Besides
rebuilding the bases of Indian Nation=-
hood and reconstructing an Indian cons-
ciousness amidst a systematic military

, attack upon the communities, they must
also fight to remain alive through their
own hunger. As part of the military
"scorched earth" policy, the army
attempts to neutralize the Indian people
through hunger and the destruction of
their major crops, especially corn.

Corn for the Mayan peoples is similar

to the salmon for the West Coast peoples
--it is food for the body, soul and the
culture of the the people.

page 17

Through all of this, the MAYAS represent-
ative explained, there is also the reality
of other revolutionary groups within the
country who do not incorporate Indigenous
hopes, resulting in an internal problem
which must be overcome. He said the
revolutionary groups often underestimate
the capacity of the Indian people and this
must be resolved in order for an under=-
standing to be reached between all groups
who wish to eradicate national oppression.

The visitor explained the vast majority of
resistance is carried out by Indian people,
while political leadership and direction
comes from the “ladino" or mixed-blood
minority who do not have an understanding
or respect for Indigenous aspirations.
Since nearly 80% of the Indian people do
not even speak Spanish, and speak only
their Indian language, they are considered
illiterate by the "ladinos".

This inability to communicate entirely in
Spanish, while viewed as a weakness by
some, in fact has its advantages. The
Indian communities have thus been able to
maintain their own culture and traditional
governing authorities alongside the offic-
ially imposed system. In order to over-
come the internal difficulties amongst the
revolutionary groups in Guatemala, MAYAS
and other Indian groups are elaborating
their own political philosophy and strategy.

MAYAS is examining the development of two
"co-existing" nations, for the Guatemalan
or "ladino" people and the other for the
numerous Indian Nations within the country,
co-existence with self-determination. He
brought with him a lengthy document on the
establishment of a liberated Indian Nation,
free of either left or right-wing ideologies
which have evolved from the European real-
ity. The document, recently drafted by
his people, is in the process of being
translated and will be summarized in a
later Up-Date.

"The challenge to our people is so great
in what we face with all our limitations,
the support from the outside world so
minimal, that we require co-operation,
solidarity, from the many other Indian
Nations for our survival," he added. “In
our struggle we are trying to put a flame
to the silent, smoldering fire of resist-
ance to our oppression. "

ee ee

page 18

HUMAN RIGHTS FUND FOR INDIGENOUS PEOPLES

Of interest to Indian Governments may be
the following information contained in a
brochure sent recently to the Union of
B.C. Indian Chieks office from London,
England. The information outlines the
availabibity of political and financial
support for those Indian Nations inter-
ested in exposing major issues to the
Antennationak community:







The situation of
indigenous peoples today

There are some 200 million indigenous peoples in
the world, living in Australasia, throughout the
Americas, Africa and Asia and in parts of Europe.
They are the original inhabitants. Today they are
amongst the most oppressed, exploited and
marginalised sectors of society and their future is
under threat. In the last decade, however,
indigenous peoples have grown stronger. They are
now forcefully demanding the right to be heard, to
have their way of life respected and to determine
their own development.

Purpose of the fund

The Human Rights Fund for Indigenous Peoples
will enable threatened and oppressed indigenous
peoples to make their human rights problems
better known to the international community and
the general public. It will assist with the travel and
other expenses of representatives of indigenous
peoples to the United Nations Working Group

on Indigenous Populations.

The United Nations and
indigenous peoples

The Working Group on Indigenous Populations of
the United Nations is the only international forum
for the discussion of indigenous peoples’ rights. If
it is to function successfully the Working Group
must receive statements from indigenous peoples
from all over the world. At the present a number
of obstacles obstruct this procedure. Most
importantly, the expenses of travel can be
particularly onerous to indigenous peoples; the
official languages of the United Nations are
sometimes unknown to the indigenous peoples and
unfamiliaricy with United Nations procedure and
the manner in which to put interventions can act
as a barrier to communications.











| Assistance provided

by the fund

In view of these difficulties the help envisaged by
the fund includes the following:

@ Financial help towards travel to the Working
Group on Indigenous Populations of the United
Nations Commission on Human Rights, which
takes place annually during the first week of
August in Geneva, Switzerland

® Provision of living expenses during the period

@ Advice on presentation of submissions to the
United Nations

@® Translation into United Nations working
languages and secretarial support

@ The arrangement of visits to other bodies based
in Geneva such as the International Labour
Organisation, the United Nations High
Commission for Refugees, the World Council of
Churches; help with press liaison.

Administration of the fund

The fund is administered by the Anti-Slavery
Society for the Protection of Human Rights which
is a non-governmental organisation with

- consultative status at the United Nations. The

Society has been concerned with the issue of
indigenous peoples’ rights since 1837.

The disbursement of funds is made after
consultation with an advisory group made up of
representatives of indigenous peoples and
representatives of NGOs with a concern for the
rights of indigenous peoples.

How to get support
from the fund

Representatives of indigenous peoples who want to
address the United Nations Working Group on
Indigenous Populations and need help with travel
and other expenses, should write to:

Human Rights Fund

The Anti-Slavery Society
180 Brixton Road «
I.ondon SW9 6AT ~

You should try to provide information about your
organisation and the kind and amount of support
required.



Peaobe Between he U.S. desire to

overthrow the revolutionary govern=
ment and the desire of the Sandinistas
to construct a single, undivided and
liberated nation, the Indian people of
Nicaragua are requesting international
support for a peaceful solution.

Speaking at a press conference spon-
sored by Senator Edward Kennedy in
Washington D.C. on January 29th, Brook-
lyn Rivera, General Coordinator of
Misurisata, the organization repres=-
enting the Sumo, Rama and Miskito
Indian people, requested support in
their efforts to negotiate a peaceful
solution that includes the Indian
interests.

"The Indian people are only fighting

for their rights: We have been fighting
for survival against the neocolonial
practices of the government. We only
wish for the re-establishment of our
historic right to our land and autonomy
and for peaceful co-existence with other
peoples of the country. Our fight is
not of the left or the right wing,”
Rivera stated, “but for the Indians."

Rivera explained the struggle his people
are involved in was revolutionary because
"it is seeking the liberation and defense
of Indians. We want to retain our ethnic
identity and aboriginal rights. We are
now making attempts to work with the
Nicaraguan Government to try to find a
peaceful solution to the existing con~
flict. Both right and left wing forces
are opposed to this peace process and
have threatened us not only politically
but physically as well."

Rivera, who was recently wounded in bomb-
ings of Indian villages in Nicaragua,
thanked the governments of Canada, France,
Sweden, Holland and Colombia for their
help in setting up the first meeting

with the Nicaraguan Government and their
efforts to assist the peace process.

"We ask.the help of all those people and
organizations truly concerned with the
Indians’ plight in Nicaragua. There
will be no national peace without justice
for the indigenous peoples of Nicaragua,”
he said.

"The East-West issues and the objectives

page 19

of the left and the right ideologies have
long overshadowed the life-threatening
situation of the Indian people and their
struggle to survive in Nicaragua," National
Congress of American Indians' Executive
Director Suzan Shown Harjo declared in sup-
port of Rivera. "It is time all people pay
attention to the future of the Indian people
and to call upon all parties to assure their
future and to stop using them as a political
football."

Negotiations for a peaceful solution in

the Indian territory of Nicaragua were
stalemated since the first meeting between
Misurisata and the Sandinista Government
last November when a Commission was estab-
lished to define Indian autonomy. Misur-
isata disagreed with the make-up of the
government appointed commission, and was
requesting an independent Indian commission
to define "autonomy".

(Since this press conference given by
Brooklyn Rivera in Washington D.C., a

new date for negotiations between the
Nicaraguan Government and Misurisata rep-
resentatives has been tentatively set.

A meeting between the two groups will take
place in Colombia, South America, March 23
and 24.)



The World Council of Indigenous Peoples

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