Union of B.C. Indian Chiefs Up-Date - Issue 1 (January/February 1986) · UBCIC Periodicals

Union of B.C. Indian Chiefs Up-Date - Issue 1 (January/February 1986)

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Union of B.C. Indian Chiefs Up-Date - Issue 1 (January/February 1986)

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1.06-01.07 UBCIC Up-Date

1.06.-01 Newsletters and bulletins sub-series

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January 1986

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issue

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Identifier

1.06-01.07-03.01

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periodical

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U N I O N

O F

B.C.
440

I N D I A N

C H I E F S

WEST HASTINGS

VANCOUVER,

U P - D A T E

STREET

B C. V 6 B 1 LI

T E L E P H O N E : (604) 684-0231
TELEX

JANUARY/FEBRUARY

PRESIDENT'S

Report

04-54220

1986

ISSUE:

MESSAGE:

Indian

Self-Government:

For
t h e past
year,
R o s a l e e
T i z y a
o f t h e Indian
Government
P o r t f o l i o
has been t r a v e l l i n g
throughout
B r i t i s h
Columbia t o
Bands a n d T r i b a l
Councils
h o l d i n g workshops on A b o r i g i n a l
t i t l e ,
consent,
Indian
Government,
the Royal
Proclamation,
the B r i t i s h
North America Act, t h e Indian Act, t h e C o n s t i t u t i o n , B i l l C-31,
Indian
i s s u e s and t h e h i s t o r y o f F i r s t
Nations.
Workshops have been h e l d with
the f o l l o w i n g Bands:
Upper and
Lower S i m i l k a m e e n ,
Kaska-Dene,
Fountain,
Kwakiutl
D i s t r i c t
Counc i l ,
Anaham, Shuswap T r i b a l
C o u n c i l ,
C e n t r a l
I n t e r i o r
T r i b a l
Council,
Seton,
Mt. C u r r i e ,
A l k a l i
Lake,
Kitsumkalum and

In a d d i t i o n w i t h
t h e f o l l o w i n g o r g a n i z a t i o n s :
Union
o f
Chiefs
G e n e r a l
Assembly,
United
N a t i v e
Nations
P r e s i d e
C o u n c i l
and G e n e r a l
Assembly,
N a t i v e
Women's S o c i e t y
o f
A n n u a l A s s e m b l y , t h e I n d i a n H o m e m a k e r s ' A s s o c i a t i o n o f B.C.
nual
Assembly.

B.C.
n t s '
B.C.
An-

And
with
t h e f o l l o w i n g non-Indian o r g a n i z a t i o n s
and i n t e r e s t
groups:
I n d i v i d u a l s of t h e Vancouver School
Board working
on
Curriculum,
High S c h o o l s i n t h e Lower M a i n l a n d , Teachers
Professional
Day i n K e l o w n a ,
S t u d e n t s a t t h e B.C. I n s t i t u t e
of Technology,
Forestry students
at the U n i v e r s i t y of B r i t i s h Columbia, and
met
with
representatives
o f t h e Hobemma F o u r B a n d s o f A l b e r t a .
Others
which
have
a l r e a d y
been
s c
Fountain,
t h e Surrey
School
Board
lessons,
the National
Native
Women's
Y o u n g L i b e r a l s o f B.C. C o n f e r e n c e a t
Columbia.

h e d u l e d
i n c l u d
f o r 6 - 1 5
mi
Association o f
t h e U n i v e r s i t y

e :
Seton,
nute
video
Canada, t h e
o f B r i t i s h

These workshops a r e t o a s s i s t
community people,
Band C h i e f s and
C o u n c i l l o r s .
T r i b a l
Council
staff
and leadership
t o understand
the
issues r e s p e c t i n g Indian Se1f-Government.
With respect to
Non-Indian
i n t e r e s t ,
t h e workshops
a r e designed
t o
educate
students,
teachers
and other
i n t e r e s t groups on the issues of
A b o r i g i n a l
t i t l e ,
l a n d c l a i m s
and t h e p o s i t i o n o f t h e Indian
people on t h e s e
issues.
Those
r e q u e s t i n g
workshops
bear
t h e f u l l
expense
o f
t r a v e l ,
accommodation
and r e l a t e d
expenses,
s i n c e
t h e Union
o f B.C.
Indian
C h i e f s
have
r e c e i v e d
no f u n d i n g
f o r Se1f-Government.
Since
Rosalee
i s t h e o n l y person c a r r y i n g o u t these
workshops,
requests
must be i n w r i t i n g t o accommodate a reasonable
schedule.
Because t h e workload i s proving
heavy i n meeting written
requests
for
i n f o r m a t i o n
and research
m a t e r i a l s ,
and workshops a t t h e
community l e v e l ,
we a r e c o n s i d e r i n g a n a l t e r n a t i v e p r o p o s a l .
We
are
l o o k i n g a t t h e p o s s i b i l i t y
o f o f f e r i n g t o Band and T r i b a l
Councils
sessions
a t t h e UBCIC main o f f i c e
i n Vancouver and have
Band C o u n c i l
and s t a f f t r a v e l
i n a s d e s i r e d o r needed by
respective Councils.
We s e e t h i s a s c o m p l e m e n t a r y o f t h e p e o p l e .
* **

Kitselas.

HEALTH

LIAISON

ACTIVITY

REPORT:

(Submitted

Poplar)

Following
the Assembly of First
Nations
Annual
Meeting of
l a s t
J u l y
and with
t h e change i n l e a d e r s h i p ,
t h e H e a l t h
P o r t f o l i o
along with other
p r o g r a m s came u n d e r r e v i e w
i n order
t o plan the
future of the national
office.
With this
i n mind,
I attended
the P o l i t i c a l
P o l i c y meeting of the
I n d i a n H e a l t h Program i n Ottawa on September 1 1 t h and 1 2 t h . A t
this meeting the co-ordinator reported
t o us t h a t a l l committees
u n d e r t h e H e a l t h p r o g r a m w o u l d be r e v i e w e d
and i f n o n - f u n c t i o n a l ,
t h e y w o u l d be d i s c o n t i n u e d .
An i n - d e p t h
look i s being given to
the s e r v i c e s provided
by t h e n a t i o n a l o f f i c e
i n the health
f i e l d .
I n m i d - S e p t e m b e r we w e r e n o t i f i e d
of a planning
meeting held
by
t h e C i t y o f V a n c o u v e r t o d i s c u s s a way t o a d d r e s s t h e l i v i n g
cond i t i o n s of the Indian people i n the urban areas.
B e c a u s e we a r e
m a n d a t e d b y C h i e f s a n d C o u n c i l we a r e s e e k i n g
your d i r e c t i o n
on
our
involvement i n the urban
situation.
On
my
in
pla

September 1 9 t h and 20th,
I reported
t o Chiefs and Council
on
meeting i n Ottawa on the o r g a n i z a t i o n o f t h e Health
P o r t f o l i o
the n a t i o n a l o f f i c e ;
i t spresent
funding;
and i t s f u t u r e
ns.

On O c t o b e r
4, 5 a n d 6 t h , I a t t e n d e d
t h e " S u i c i d e i n t h e
North
American Indian:
Prevention
and Causes" H e a l t h
Conference i n
Quebec C i t y .
This
conference
was s p o n s o r e d by t h e C a n a d i a n
Psyc h i a t r i c
Association,
Native
Mental
Health
Section.
They
hoped
to
a d d r e s s :
P o v e r t y
and
i t s C o n t r i b u t i o n
t o
S u i c i d e ;
P o w e r 1 e s s n e s s ; The R u r a l and Urban S u i c i d e P r e v e n t i o n
Program;
The
Networking System.
There were d e 1 e g a t e s
represented
from
a c r o s s Canada as f a r n o r t h as t h e Yukon.
T h e r e was t o o much i n formation
t o d i g e s t and n o t enough time g i v e n
f o r workshops.
On O c t o b e r 8 t h , t h r e e o f u s f r o m t h e U n i o n o f B.C. C h i e f s
viewed
the
training
packages distributed
by NNADAP i n O t t a w a ,
National
Health
and Welfare.
We v i e w e d :
The C i r c l e
Moving;
The C a r a v a n
f o r Youth - 1984; Something t o C e l e b r a t e ;
W h e r e We H a v e B e e n a n d
W h e r e We A r e G o i n g ; A N e w D a w n ; W a l k i n g W i t h G r a n d f a t h e r .
In a l l
of
our work,
we
attempted
t o oversee
t h e a p p r o a c h e s made
by
v a r i o u s
agencies
on c o n s u l t a n t
f i r m s as t h e y
take
on t h e work
that w i l l a f f e c t Indian Government.
Because one o f t h e most sens i t i v e a r e a s i s t h e Drug and A l c o h o l
Program,
we w i l l
report
on
our
f i n d i n g s i n a l a t e r e d i t i o n .
Indian Bands have t r i e d a l l
kinds of methods t o h e l p
their people recover
from this
problem.
In
t h e m e a n t i m e we h a v e w i t n e s s e d
r e l i g i o u s
and
s e n s i t i v i t y
groups h o l d i n g
t r a i n i n g
sessions
i n t h e Indian
communities t o
have the people d e a l with t h e i r
inner c o n f l i c t s .
On t h e o t h e r
hand, t h e Indian
p o p u l a t i o n
cannot a v o i d
being
the s u b j e c t
o f
intense
i n v e s t i g a t i o n and s t u d i e s by o u t s i d e
interest groups
who
h a v e t h e i r own q u e s t i n l i f e t o f u l f i l l .
In t h e f i e l d o f p s y c h o logy,
i t would
not hurt
t o examine
the minds of such
people.
What do t h e y w a n t ?
What f i n a l
s o l u t i o n are they
s t r i v i n g
for?
The
s u b t l e messages being
d e l i v e r e d t o the Indian
Communities
t h r o u g h some o f t h e v i d e o
t r a i n i n g p a c k a g e s i s done t h r o u g h t h e
s p i r i t u a l and m e d i c i n a l
systems of the Indian Cultures.
T h i s immediately
takes
away t h e d e e p e s t
respect
Indian
people have f o r
t h e i r
Sacred
ways.
No t e a c h e r
turns
around
and uses
another
man's p h i l o s o p h y
to gain h i s body and s o u l .
The s a c r e d
b e l i e f s
of the Indian
tribes should
n o t be u s e d a s a means t o a d m i n i s t e r
t r a i n i n g packages.
Nowhere does t h e t r a i n i n g program
address
the substance o f the Indian
philosophy.

The
films
do
not
deliver
a good c l e a r method of
assisting
c o m m u n i t y band w o r k e r s when t h e y a r e l o o k i n g f o r f a c t u a l
information.
Our a n a l y s i s i s t h a t the E l d e r s , I n d i a n D a n c e r s ,
Indian
S p e a k e r s , and
I n d i a n m e d i c i n a l ways a r e b e i n g e x p l o i t e d .
In r e c o g n i t i o n o f t h o s e a s s o c i a t i o n s who
produced good f i l m s ,
the
d i f f e r e n c e i s t h a t t h e I n d i a n p e o p l e who
p a r t i c i p a t e d i n the
p r o j e c t s were not s c r i p t e d to a s t o r y l i n e - t h e i r v i s i o n
and
a d v i c e came f r o m t h e h e a r t a n d s e l f - d e t e r m i n a t i o n .
I n t h e m o n t h o f O c t o b e r , t h e U n i o n o f B.C. I n d i a n C h i e f s was
prep a r i n g f o r i t s 17th Annual General Assembly scheduled
f o r October
2 2 - 29, 1985 i n V a n c o u v e r .
I was a l s o p r e p a r i n g f o r t h e C o u n c i l
of N a t i v e A f f a i r s meeting which I attended at Sarcee Reserve outs i d e o f C a l g a r y f r o m O c t o b e r 18 - 2 0 t h , 1 9 8 5 .
I also
attended
t h e C o n f e d e r a c y o f C h i e f s m e e t i n g on O c t o b e r 2 5 t h a l s o h e l d i n
Vancouver.
On N o v e m b e r 1 7 t h ,
court case against

I s a t i n to l i s t e n
the Haida Nation.

the

proceedings

the

On N o v e m b e r 1 9 t h - 2 2 n d ,
I t r a v e l l e d with three other
staff
members f r o m t h e U n i o n t o a s s i s t t h e
Chilcotin-Ulkatcho-Kluskus
Nations
i n t h e i r t h r e e day I n d i a n S e 1 f - G o v e r n m e n t w o r k s h o p s at
Anaham Lake.
The w o r k s h o p s w e r e w e l l a t t e n d e d ;
the c o n t e n t
of
t h e w o r k s h o p s w e r e w e l l o r g a n i z e d a n d much was
gained
i n the
t h r e e day s e s s i o n .
I t was t o h e l p t h e p e o p l e i n d e v e l o p i n g
polic i e s for t h e i r communities.
On D e c e m b e r 2 n d , I a t t e n d e d a n o t h e r P o l i c y m e e t i n g o n H e a l t h a t
t h e N a t i o n a l O f f i c e i n O t t a w a and s t a y e d f o r a t w o - d a y m e e t i n g
with
the
C.H.R. W o r k i n g
Group which
s t a r t e d
p r e l i m i n a r y
d i s c u s s i o n s f o r a n a t i o n a l C.H.R. c o n f e r e n c e
i n 1986.
Following
t h a t I was
asked to remain i n Ottawa f o r the Confederacy
of
Chiefs meeting scheduled
f o r December 12th and 1 3 t h ,
1985.
T h e U B C I C C h i e f s C o u n c i l m e t o n D e c e m b e r 18 - 2 0 t h , 1 9 8 5 ,
I made
a v e r b a l r e p o r t on the M e n t a l H e a l t h C o n f e r e n c e i n Quebec C i t y ;
t h e r e v i e w o f t h e NNADAP t r a i n i n g p a c k a g e s o n D r u g s a n d A l c o h o l ;
and the C i t y o f V a n c o u v e r p r o p o s a l to e s t a b l i s h a h e a l t h
center
for
urban n a t i v e
people.
On
December 21st,
I organized
a t r i p to L i l l o o e t
for
the
G u a t e m a l a Mayan I n d i a n s and
e n j o y e d an e v e n i n g
of f e a s t i n g ,
s p e e c h e s and s h a r i n g i n a v e r y i n t e r e s t i n g c u l t u r a l e v e n t .
I
r e t u r n e d t o V a n c o u v e r on December 22,
1985.

* * *

R E P O R T FROM H E A L T H :
E n t i t l e m e n t t o MSB
Status - Indian or

(Submitted

Birdstone)

Uninsured Services for Persons Gaining
I n u i t - as a R e s u l t o f B i l l
C-31.

MSB's M a n d a t e i s t o p r o v i d e u n i n s u r e d s e r v i c e s t o a l l R e g i s t e r e d
S t a t u s I n d i a n and I n u i t p e o p l e .
This mandate i s expanded t o
encompass
i n d i v i d u a l s who
h a v e had
their
status restored
or
i n s t a t e d a s a r e s u l t o f B i l l C-31,
r e g a r d l e s s i f they have been
i s s u e d a Band number.
A copy of the d o c u m e n t a t i o n ( u s u a l l y a
l e t t e r )
f r o m DIAND s t a t i n g
that the
i n d i v i d u a l
i s now
a
R e g i s t e r e d S t a t u s I n d i a n o r I n u i t m u s t be a t t a c h e d t o a n y
forms
when t h e i n d i v i d u a l
i s applying for uninsured
s e r v i c e s through
MSB.
MSB's r e s p o n s i b i l i t y f o r p r o v i d i n g u n i n s u r e d s e r v i c e s o n l y
b e g i n s on t h e d a t e t h e i n d i v i d u a l ' s name h a s b e e n a d d e d t o t h e

v i d u a l ) , i . e . , MSB i s n o t r e s p o n s i b l e t o p r o v i d e s e r v i c e s , n o r t o
pay o r r e i m b u r s e f o r a n y b i l l s i n c u r r e d b e f o r e t h a t d a t e .
In
order t o receive uninsured
s e r v i c e s , t h e i n d i v i d u a l a l s o must be
a Canadian r e s i d e n t .
When p r o v i d i n g i n f o r m a t i o n o n u n i n s u r e d s e r v i c e s t o a n i n d i v i d u a l , a d v i s e them t h a t i f t h e y a l r e a d y h a v e c o v e r a g e f r o m o t h e r
sources ( e s p e c i a l l y i n t h e case o f d e n t a l s e r v i c e s ) such as I n s u r a n c e Company P l a n s ; Mother's A l l o w a n c e ; W e l f a r e A g e n c i e s ; OHIP
o r GSMIP, t h e y a r e t o r e c e i v e b e n e f i t s f r o m t h e s e s o u r c e s f i r s t .
( A p p l i c a t i o n o f t h i s c o n c e p t when o b t a i n i n g d e n t a l
services
t h r o u g h MSB i s n o t new, r e f e r t o l e t t e r d a t e d A p r i l 1, 1 9 8 5 f r o m
the R e g i o n a l
Dental
O f f i c e "Fee A l l o w a n c e s R e v i s i o n by M e d i c a l
S e r v i c e s - H e a l t h and W e l f a r e Canada".)
It i sn o t c o n t i n g e n t
t h a t t h e i n d i v i d u a l h a v e a Band number t o
receive uninsured
s e r v i c e s , a c o p y o f t h e DIAND l e t t e r s h o u l d be
attached
t o a n y MSB f o r m f o r u n i n s u r e d
services as the l e t t e r
w i l l be used as v e r i f i c a t i o n o f s t a t u s .
Fordental, eye glasses
and s p e c i a l m e d i c a l
t r e a t m e n t f o r m s , a c o p y o f t h e DIAND
letter
i s s u f f i c i e n t f o r MSB p u r p o s e s .
This also applies t o p r e s c r i p t i o n d r u g s , b u t p h a r m a c i s t s who may n o t be a w a r e o n how t o d e a l
w i t h t h e B i l l C - 3 1 s t a t u s p e o p l e may r e f u s e t o d i s p e n s e " o n p r e s cription" pharmaceuticals
t o newly instated people and wait f o r
MSB
reimbursement.
In t h i s case, a d v i s e t h e i n d i v i d u a l t o keep
r e c e i p t s , a t t a c h a c o p y o f t h e i r D I A N D l e t t e r , a n d s u b m i t t o MSB
for
reimbursement themselves.

***
REPORT FROM ENVIRONMENTAL

HEALTH:

( S u b m i t t e d by C. Dawson)

I b e g a n my d u t i e s a s E n v i r o n m e n t a l H e a l t h R e s e a r c h e r ( E H R ) w i t h
t h e U n i o n o f B.C. I n d i a n C h i e f s i n m i d - N o v e m b e r .
One o f t h e
f i r s t t h i n g s I d i d was t o p r e p a r e a n d m a i l o u t a n i n t r o d u c t o r y
l e t t e r t o C h i e f s a n d C o u n c i l a d v i s i n g them t h a t I was h i r e d a s
EHR w i t h t h e U B C I C .
I n t h e t h i r d w e e k o f N o v e m b e r , I m a d e my f i r s t f i e l d t r i p ( 3
d a y s ) t o t h e Anaham R e s e r v e i n t h e C h i l c o t i n s .
The C h i l c o t i n ,
Ulkatcho,
K l u s k u s b a n d s a r e p r e p a r i n g t o u n d e r t a k e t h e i r own p r o grams i n t h e f u t u r e a n d i n v i t e d f o u r o f us f r o m UBCIC t o a t t e n d
their discussions.
T h i s t r i p g a v e me t h e o p p o r t u n i t y o f e s t a b l i s h i n g c o n t a c t
with
the
Chilcotin
bands,
observing
what and where t h e i r
major
c o n c e r n s a r e a n d t o p a r t i c i p a t e i n d i s c u s s i o n w i t h band members.
On N o v e m b e r 2 2 , I s a t i n o n a S t e i n V a l l e y d i s c u s s i o n i n t h e
UBCIC Boardroom.
I n a t t e n d a n c e were C h i e f s Ruby D u n s t a n a n d
P e r r y R e d a n , some o f t h e U B C I C l a w y e r s a n d o t h e r U B C I C
staff
members as w e l l a s J o h n M c C a n d l e s s , C h a i r m a n o f t h e H a z a r d o u s
W a s t e M a n a g e m e n t C o a l i t i o n o f L i l l o o e t , B.C.
D i s c u s s i o n c e n t e r e d on t h e r a m i f i c a t i o n s l o g g i n g w o u l d h a v e on
the S t e i n .
Undoubtedly the whole eco system of t h i s v a l l e y w i l l
be a l t e r e d d r a s t i c a l l y by l o g g i n g .
Many t h i n g s a r e a t s t a k e i n
the S t e i n .
The Nl'akapmx Nation's
sacred
spiritual
territories
i n t h e S t e i n w o u l d be d e s e c r a t e d
and thep o s s i b i l i t y o f t h e f t s o f
a r t i f a c t s w o u l d be i n c r e a s e d .
Erosion of the s o i l
be a l t e r e d t o t h e i r
life.

w o u l d be h a s t e n e d .
R i v e r s and streams could
detriment,
endangering the balance o f marine

On t h e l a n d w i l d l i f e
environmental threats.

a n d man w o u l d

be exposed

to unnecessary

The S t e i n V a l l e y i s one o f s e v e r a l l o c a t i o n s t h a t t h e
Wilderness
A d v i s o r y C o m m i t t e e o f B.C. h a s o n its a g e n d a .
At t h e end o f January,
I plan t o attend t h e i r hearings a t theHotel Georgia i n
V a n c o u v e r t o d e t e r m i n e what t h i s c o m m i t t e e ' s f i n d i n g s w i l l b e .
On D e c e m b e r 5, I t r a v e l l e d t o T e r r a c e .
On t h e f o l l o w i n g d a y I
met w i t h A l e x B o l t o n , E n v i r o n m e n t a l
Researcher f o r t h e

I was v e r y i m p r e s s e d w i t h A l e x ' s good o r g a n i z a t i o n a l s k i l l s i n
terms o f c o u n t e r i n g usage o f p e s t i c i d e s and h e r b i c i d e s .
He i s a
w e a l t h o f i n f o r m a t i o n a n d c a r e f u l l y d e t a i l s maps w i t h p e r t i n e n t
i n f o r m a t i o n t o t h eKitsumkalum and indeed t o t h e r e s i d e n t s of
Terrace a l s o .
The d e t a i l s c o n c e r n r o u t e , w e i g h t , means o f t r a n s portation, etc. o f pesticides.
W h i l e i n T e r r a c e I a t t e n d e d the December 7th grand opening o f the
unique Northern
N a t i v e B r o a d c a s t i n g (NNB) C e n t r e .
I delivered a
l e t t e r o f c o n g r a t u l a t i o n s t o NNB o n b e h a l f o f o u r P r e s i d e n t ,
Saul
Terry.
On t h e 1 7 t h o f D e c e m b e r I r e a d t h e I n t e r i m R e p o r t o f t h e S u b C o m m i t t e e On T r a n s f e r o f H e a l t h
Programs t o Indian
Control.
F o l l o w i n g reading t h ereport I wrote a b r i e f assessment of i t
w h i c h was g i v e n t o t h e C h i e f s C o u n c i l members.
I a l s o gave a b r i e f v e r b a l report t o Chiefs C o u n c i l
D e c e m b e r 1 9 t h o u t l i n i n g my a c t i v i t i e s t o d a t e .

members on

I a t t e m p t t o keep m y s e l f u p d a t e d on e n v i r o n m e n t a l
concerns and
i s s u e s t h r o u g h c o n t a c t w i t h o t h e r p e o p l e a s w e l l a s r e a d i n g materials.
I n t h e a r e a o f h e a l t h , I a l s o f o l l o w t h e same p r a c t i c e s .
I am t r u l y l o o k i n g f o r w a r d t o t h e c h a l l e n g e s i n 1 9 8 6 w i t h
others
who
a r e c o m m i t t e d t o p r o t e c t i o n a n d e n h a n c e m e n t o f o u r health a n d
e n v i r o n m e n t i n B.C. U n d o u b t e d l y I w i l l
u n d e r t a k e more
field
t r i p s w h e r e a n d when r e q u i r e d .

***
REPORT FROM LEGAL DEPARTMENT:

Twin T r a c k i n g

Case:

I n t h e summer t h e I n d i a n b a n d s won a n i n j u n c t i o n p r e v e n t i n g CN
from twin t r a c k i n g i t s l i n e
because there
was v e r y
l i t t l e
e v i d e n c e t o show t h a t t h ec o n s t r u c t i o n w o u l d harm t h e f i s h e r y .
The c a s e w i l l n o t go t o t r i a l .
T h e S u p r e m e C o u r t o f B.C. w i l l
h e a r e v i d e n c e from I n d i a n N a t i o n s o f t h e S t o : L o , Shuswap, a n d t h e
Nlaka'pamux people and t h e i r a b o r i g i n a l t i t l e t o t h e f i s h and
their reserved rights to their fishery.
I f we a r e a b l e t o p r o v e
t h a t t h e r i g h t s e x i s t i n l a w , we w i l 1 a r g u e t h a t t h e c o n s t r u c t i o n
of t h e t w i n t r a c k i n g l i n e w i l l be i n c o n f l i c t w i t h those
rights
and t h a t t h e l i n e s h o u l d n o t be c o n s t r u c t e d .
We e x p e c t t h a t t h i s
t r i a l w i l l be h e a r d i n 1987.

Tsawout

Indian

Band:

Just before Christmas,
members o f t h eT s a w o u t Band p h y s i c a l l y
prevented
a dredging machine from s u c k i n g up t h e e e l g r a s s i n
t h e i r Bay.
The e e l g r a s s i s important f i s h h a b i t a t which
supports
t h e l i f e o f t h e c r a b s , a n d many o f t h e f i s h a n d d u c k s t h a t t h e
p e o p l e have r e l i e d upon s i n c e time immemorial.
A Company h a d
been g i v e n a l i c e n c e from t h e Province
t o dredge t h e Bay t o
c o n s t r u c t a marina.
A f t e r n e g o t i a t i o n s , t h e people agreed to g e t
o u t o f t h e d r e d g i n g m a c h i n e i f t h e Company w o u l d k e e p t h e d r e d g -

Kitsu

o u t o f t h e d r e d g i n g m a c h i n e i f t h e Company w o u l d k e e p t h e d r e d g ing
machine o u r o f t h e Bay and have t h e i s s u e s d e t e r m i n e d i n
court.
T h e I n d i a n s won t h e i r i n j u n c t i o n a n d t h e m a t t e r w i l l
now
proceed t o Court.
The
l e g a l issue i n v o l v e s a proper i n t e r p r e t a t i o n o f the Douglas
T r e a t y which, f o r t h e Tsawout p e o p l e , guaranteed t h e r i g h t " t o
c a r r y on o u r f i s h e r i e s as f o r m e r l y . " The p e o p l e argue t h a t t h e
t r e a t y r i g h t enjoys c o n s t i t u t i o n a l p r o t e c t i o n and where t h e r e i s
c o n f l i c t between t h e f i s h i n g r i g h t and t h e P r o v i n c i a l l i c e n c e t o
b u i l d the marina, the treaty would p r e v a i l .
The t r i a l
should
t a k e p l a c e i n 1986. The C o u r t w i l l d e c i d e what f i s h i n g r i g h t s
were g u a r a n t e e d by t h e T r e a t y a n d w h e t h e r t h o s e r i g h t s a r e b r o a d
enough t o s t o p t h e c o n s t r u c t i o n o f t h i s marina
permanently.
Gitksan

W e t ' s u e t ' e n and Meares

Island

Case:

T h e s e c a s e s a r e s c h e d u l e d t o b e g i n t r i a l N o v e m b e r 3, 1 9 8 6 a n d
w i l l be i n C o u r t f o r f i v e m o n t h s .
The I n d i a n N a t i o n s a r e a s k i n g
the C a n a d i a n C o u r t s t o d e c l a r e o w n e r s h i p and j u r i s d i c t i o n o v e r
t h e i r e n t i r e t e r r i t o r y and t o d e c l a r e t h a t t h e P r o v i n c i a l
laws
may n o t o p e r a t e i n t h e t e r r i t o r y w h e r e t h o s e l a w s a r e i n
conflict
with aboriginal t i t l e .
The Crown i s a r g u i n g
that
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 . T h e y c l a i m t h a t t h e C r o w n h a s
t h e power 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 A c t s i n t h e i r
L e g i s l a t u r e and P a r l i a m e n t s . They argue that t h e l a n d and r e s o u r c e s were, by t h o s e A c t s , g r a n t e d t o t h e Crown.
They a l s o
argue that t h e I n d i a n Nations consented t o t h e i r t i t l e being ext i n g u i s h e d by l i v i n g on I n d i a n r e s e r v e s and o b e y i n g t h e g e n e r a l
P r o v i n c i a l and F e d e r a l laws which g o v e r n e d t h e l a n d and r e s o u r c e s
f o r o v e r 50 y e a r s .
The P r o v i n c e i s b r i n g i n g an a p p l i c a t i o n i n
C o u r t t o j o i n t h e F e d e r a l G o v e r n m e n t i n t h e a c t i o n t o be a p a r t y
against the Indians.
The

H a i d a Ghow C a s e

The
H a i d a h a r v e s t r o e on k e l p o r ghow as a major
source of food
f i s h .
In r e c e n t y e a r s , o t h e r p e o p l e
r e c o g n i z e d t h e f i n e
food
v a l u e o f t h i s crop and F e d e r a l F i s h e r i e s moved i n w i t h
r e g u l a t i o n s
t o l i c e n c e
t h e commercial
t a k i n g
o f i t .
P r e d i c t a b l y ,
I n d i a n f o o d f i s h e r m e n , h a r v e s t i n g ghow were soon a p p r o a c h e d
by
F i s h e r i e s and charged
f o r t h e i r
food f i s h i n g .
We
s u c c e s s f u l l y
defended
a charge
a g a i n s t Haida Band members on t h e b a s i s
that
the -Federal Government had n o t a c t u a l l y
prohibited
food
fishing
for
Ghow a t t h e p o i n t when t h e y i n s t i t u t e d a c o m m e r c i a l
licencing
regime.
This d e c i s i o n
i s important because as t h e case
arose
before A p r i l ,
1982, a n d g i v e n t h a t t h e r e was no p r o p e r
regulation
for
t h e f o o d f i s h i n g o f ghow b e f o r e t h a t t i m e , t h e H a i d a
people
w i l l
be i n a p o s i t i o n t o argue
that t h e i r right to food f i s h f o r
ghow
i s an e x i s t i n g
a b o r i g i n a l
r i g h t
w i t h i n
t h e meaning
o f
S e c t i o n 35 o f t h e C h a r t e r .
The Crown has appealed
this
decision.

R e g i n a v.

Seward:

F o r t h e b e n e f i t o f t h o s e I n d i a n N a t i o n s who h a v e
guaranteed
r i g h t s u n d e r t h e D o u g l a s T r e a t y " t o c a r r y on t h e i r f i s h e r i e s a s
f o r m e r l y , " we a r g u e d i n t h e c a s e o f R e g i n a v. S e w a r d t h a t t h o s e
f i s h i n g r i g h t s a r e e x i s t i n g t r e a t y r i g h t s w i t h i n t h e meaning o f
Section
3 5 o f t h e C o n s t i t u t i o n A c t 1 9 8 2 . We a r g u e d t h a t t h o s e
rights should prevail over existing federal regulations.
The
C o u n t y C o u r t i n t e r p r e t e d t h e w o r d " e x i s t i n g " t o mean t h a t t h e
t r e a t y r i g h t s were s u b j e c t t o f e d e r a l r e g u l a t i o n s .
We
have
a p p e a l e d t h i s d e c i s i o n , a n d t h e m a t t e r s h o u l d come b e f o r e t h e
Court o f Appeal i n t h e spring.

The H a i d a M i s c h i e f
Seventy

two Haida's

C h a r g e s and L y e l l
were

charged

Island:

with mischief in blocking

the

a
c
m
p
A
c

g
h
i
e
l
r

a i n s t
a l l b u t e l e v e n o f those people,
b u t they r a i s e d t h e
arges
from m i s c h i e f t o c r i m i n a l contempt.
This means, f o ra
s c h i e f charge,
t h e maximum f i n e was $500.00, w h e r e a s now t h e
ople
a r e s u b j e c t t o p e n a l t i e s as h i g h as two years
i n j a i l .
l
three
e l d e r s who a p p e a r e d
on t h e l i n e
a r e charged
w i t h
i m i n a l contempt.
We a r e f i x i n g d a t e s t o d e f e n d
these
people.

A l s o on L y e l l I s l a n d , t h e p e o p l e were s u c c e s s f u l i n p r e s s u r i n g
the
Government
t o press
charges
a g a i n s t
Beban
Logging f o r
d e s t r o y i n g a spawning creek on L y e l l I s l a n d and k i l l i n g
fish.
* **

FRONT

Peter

Monday Magazine: Nov.

Ladner

28 - Dec. 4, 1985

STILL THE CONQUEST
out two thirds of the population.
their friends. They don't begrudge us much
We make much about saving Indian culof what we have taken from their lands. All
ture and celebrating its high points— Expo
they are asking of us, after all these years, is
86 has commissioned Bill Reid to build a
some understanding, the kind of compensadugout canoe, to pick one of countless extion thatflowsreadily from the federal treaamples —but when the price of preserving
sury when it sees a Prairie bank in trouble.
their culture interferes with our "legal right"
So they stand up and draw a line around
to park OUT yachts in their front yard in
what little they have left, and we pull out
Saanichton, or cut their trees for the sake of
our legal sticks and threaten them— yet
a few jobs on Lyell Island, we go blind. We
again.
use Indian culture as though it's a peel-off
What they are getting from Premier Bill
sticker. We give out Cowichan sweaters to
Bennett is areaffirmationof the old colonial
visiting royalty,
tell iron
the people
who
spoils,
the old then
colonial
fist rises
and conqueror role. His pollsters have told him
make the sweaters that their sacred dreams
that there are votes to be gained from:
mean nothing when our hunting regula—inflaming the historical revulsion totions are disobeyed.
wards Indians as "disgusting primitives"
In the context of colonial expansion, the
who don't keep their yards and children
current argument about law and order is
We arc now in control of Indian lands,
clean
specious, however necessary it might be.
and the Indians have been rendered mili—generating fear through exaggerations
Having moved in on these people, we imtarily, politically and economically powerabout the demands of the Indian land
prisoned them with laws designed to imless, the same treatment accorded to most
claims
print our culture on the land and all its
peoples.
We nailed them with laws that decolonized people throughout history.
—playing up to those who would prefer to
manded either cultural suicide or resistance,
Our acquisitive forebears could not have"
see all Indians driven into the sea or turned
forcing their children into jail-schools to
chosen a more benevolent and generous
into law-fearing techno-class suburbanites
learn
English,
forbidding
key
cultural
celepeople to invade: they guided us into their
"like every other immigrant"
brations such as the Potlatch. Most of all, we
heartlands, welcomed our trade, and gave
took their
Land awayWhile
and gave
backslaves, grisly :
us rights to use their lands in returnfor
trinkets.
they them
had their
Those of us who are not Indian can hardly
little bits of "reserves"— by passing laws.
intertribal raids, and paraded enemy heads
pretend we wish this colonization didn't
on spears, they were also spiritually attuned
happen; our lives, fortunes and families are
to the land in a way that we can only witness Mostly
fromthe Indians
afar have "chosen" culturbuilt on the payoff that resulted. But we can
al suicide, and we have wrung our hands in
follow the lead of local church leaders who
guilt and built stunning museums in their
are simply suggesting that we stop breaking
Wehavenot treated the Indians kindly.
memory. Instead of attacking us, as we cerapart and trampling on these people who
European settlers got 640 acres per person;
tainly would if someone showed up in the
have paid so much for so long.
Indians got 10 acres. There was a bounty on
Inner Harbour today with a gunboat and a
Especially on the eve of our annual festitheir scalps in Newfoundland: on this coast,
landing party, they turned their bitterness
val of peace and goodwill, we can do better
we brought them smallpox, which wiped
on themselves. They continue to let us be
than that.
THIS PROVINCE
is not Indian land.
Not any more. For
the past 200 years,
European and other
immigrants
have been taking it
over, and as recent
events
have
shown, we're soil
consolidating our
grip. Any time the original inhabitants dare
to stand up against our continuing rush for
strikes again. That's what we're seeing now
on Lyell Island, South Moresby Island and
in the wider provincial land claims disputes.

UNION OF B.C. INDIAN CHIEFS UP-DATE
440 WEST HASTINGS STREET
VANCOUVER, B.C. V6B 141
TELEPHONE: (604) 684-0231
TELEX. 04-54220

JANUARY/FEBRUARY 1986 ISSUE: I

PRESIDENT'S MESSAGE:

Report On Indian Self-Government:

For the past year. Rosalee Tizya cf the Indian Government
Portfolio has been travelling throughout British Columbia to
Bands and Tribal Councils holding workshops on Aboriginal title,
consent, Indian Government, the Royal Proclamation, the British
North America Act, the Indian Act, the Constitution, Bill C-31,
Indian issues and the history of First Nations.

Workshops have been held with the following Bands: Upper and
Lower Similkameen, Kaska-Dene. Fountain, Kwakiutl District Coun-
cil, Anaham, Shuswap Tribal Council, Central Interior Tribal
Council, Seton, Mt. Currie, Alkali Lake, Kitsumkalum and Kitse-
28, Cariboo Tribal Council.
In addition with the following organizations: Union Of B.C.
Chiefs General Assembly, United Native Nations Presidents'
Council and General Assembly, Native Women's Society of B.C.
Annual Assembly, the Indian Homemakers’ Association of B.C. An-

nual Assemb

Forestry students at the University of British Columbia, and

ogy,
met with representatives cof the Hobemma Four Bands of Alberta.

Others which have already been scheduled include: Seton,
Fountain, the Surrey School Board for 6 - 15 minute video

lessons, the National Native Women's Association of Canada, the
Young Liberals of B.C. Conference at the University of British

Columbia.

These workshops are to assist community people, Band Chiefs and
Councillors. Tribal Council staff and leadersnip to understand
tne issues respecting Indian Self-Government. With respect to
Non-Indian interest, the workshops are designed to educate
students, teachers and other interest groups on the issues of
Aboriginal titie, land claims and the position of the Indian

people on these issues.

Those requesting workshops bear the full expense of travel,
accommodation and related expenses, since the Union of 68.C.
Indian Chiefs have received no funding for Self-Government.
Since Rosalee is the only person carrying out these workshops,
requests must be in writing to accommodate a reasonable schedule.
Because the workload is proving heavy in meeting written requests
for information and research materials, and workshops at the
community level, we are considering an alternative proposal. We
are looking at the possibility of offering to Band and Tribal
Councils sessions at the UBCIC main office in Vancouver and have
Band Council and staff travel in as desired or needed by respec-
tive Councils. We see this as complementary of the people.

keke

HEALTH LIAISON ACTIVITY REPORT: (Submitted by M. Poplar)

Following the Assembly of First Nations Annual Meeting of last
July and with the change in leadership, the Health Portfolio
along with other programs came under review in order to plan the

future of the national office.

With this in mind, I attended the Political Policy meeting of the
Indian Health Program in Ottawa on September llth and l2th. At
this meeting the co-ordinator reported to us that all committees
under the Health program would be reviewed and if non-functional,
they would be discontinued. An in-depth look is being given to
the services provided by the national office in the health field.

In mid-September we were notified of a planning meeting held by
the City of Vancouver to discuss a way to address the living con-
ditions of the Indian people in the urban areas. Because we are
mandated by Chiefs and Council we are seeking your direction on
our involvement in the urban situation.

On September 19th and 20th, I reported to Chiefs and Council on
my meeting in Ottawa on the organization of the Health Portfolio
in the national office; its present funding; and its future

plans.

On October 4, 5S and 6th, I attended the "Suicide in the North
American Indian: Prevention and Causes" Health Conference in
Quebec City. This conference was sponsored by the Canadian Psy-
chiatric Association, Native Mental Health Section. They hoped
to address: Poverty and its Contribution to Suicide;
Powerlessness; The Rural and Urban Suicide Prevention Program;
The Networking System. There were delegates represented from
across Canada as far north as the Yukon. There was too much in-
formation to digest and not enough time given for workshops.

On October 8th, three of us from the Union of B.C. Chiefs viewed
the training packages distributed by NNADAP in Ottawa, National
Health and Welfare, We viewed: The Circle Moving; The Caravan
for Youth - 1984; Something to Celebrate; Where We Have Been and
Where We Are Going; A New Dawn; Walking With Grandfather. In all
of our work, we attempted to oversee the approaches made by
various agencies on consultant firms as they take on the work

that wili affect Indian Government. Because one of the most sen-
Sitive areas is the Drug and Alcohol Program, we will report on
our findings in a later edition. Indian Bands have tried all

kinds of methods to help their people recover from this problem.
In the meantime we nave witnessed religious and sensitivity
Groups holding training sessions in the Indian communities to
have the people deal with their inner conflicts. On the other
hand, the Indian population cannot avoid being the subject of
intense investigation and studies by outside interest groups who
have their own quest in life to fulfill. In the field of psycho-
logy, it would not hurt to examine the minds of such people.
What do they want? What final solution are they striving for?
The subtle messages being delivered to the Indian Communities
through some cf the video training packages is done through the
Spiritual and medicinal systems of the Indian Cultures. This im-
mediately takes away the deepest respect Indian people have for
their sacred ways. No teacher turns around and uses another
man's philosophy to gain his body and soul. The sacred beliefs
of the Indian tribes should not be used as a means to administer
training packages. Nowhere does the training program address
the substance of the Indian philosophy.

The films do not deliver a good clear method of assisting
community band workers when they are looking for factual informa-
tion. Our analysis is that the Elders, Indian Dancers, Indian
Speakers, and Indian medicinal ways are being exploited. In re-
cognition of those associations who produced good films, the
difference is that the Indian people who participated in the
projects were not scripted to a story line - their vision and
advice came from the heart and self-determination.

In the month of October, the Union of B.C. Indian Chiefs was pre-
paring for its 17th Annual General Assembly scheduled for October
22 - 29, 1985 in Vancouver. Iwas also preparing for the Council
of Native Affairs meeting which I attended at Sarcee Reserve out-
side of Caigary from October 18 = 20th, 1985. I also attended
the Confederacy of Chiefs meeting on October 25th also held in
Vancouver.

On November 17th, I sat in to listen to the proceedings of the
court case against the Haida Nation.

On November 19th - 22nd, I travelled with three other staff
members from the Union to assist the Chilcotin-Ulkatcho-Kluskus
Nations in their three day Indian Self-Government workshops at
Anaham Lake. The workshops were well attended; the content of
the workshops were well organized and much was gained in the
three day session. It was to help the people in developing poli-
cies for their communities.

On December 2nd, I attended another Policy meeting on Health at
the National Office in Ottawa and stayed for a two-day meeting
with the C.H.R. Working Group which started preliminary
discussions for a national C.H.R. conference in 1986. Fol lowing
that I was asked to remain in Ottawa for the Confederacy of
Chiefs meeting scheduled for December [12th and 13th, 1985.

The UBCIC Chiefs Council met on December 18 - 20th, 1985, I made
a verbal report on the Mental Health Conference in Quebec City;
the review of the NNADAP training packages on Drugs and Alcohol;
and the City of Vancouver proposal to establish a health center
for urban native people.

On December 21st, I organized a trip to Lillooet for the
Guatemala Mayan Indians and enjoyed an evening of feasting,
speeches and sharing in a very interesting cultural event. I
returned to Vancouver on December 22, 1985.

REPORT FROM HEALTH: (Submitted by V. Birdstone)

Entitlement to MSB Uninsured Services for Persons Gaining
Status - Indian or Inuit - as a Result of Bill C-31.

MSB's Mandate is to provide uninsured services to all Registered
Status Indian and Inuit people. This mandate is expanded to en-
compass individuals who have had their status restored or
instated as a result of Bill C-31, regardless if they have been
issued a Band number. A copy of the documentation (usually a
Letter) from DIAND stating that the individual is now a
Registered Status Indian or Inuit must be attached to any forms
when the individual is applying for uninsured services through
MSB. MSB's responsibility for providing uninsured services only
begins on the date the individual's name has been added to the

vidual), i.e., MSB is not responsible to provide services, nor to
pay or reimburse for any bills incurred before that date. In
order to receive uninsured services, the individual also must be

a Canadian resident.

When providing information on uninsured services to an indivi-
dual, advise them that if they already have coverage from other
sources (especially in the case of dental services) such as In-
Surance Company Plans; Mother's Allowance; Welfare Agencies; OHIP
or GSMIP, they are to recéive benefits from these sources first.
(Application of this concept when obtaining dental services
through MSB is not new, refer to letter dated April 1, 1985 from
the Regional Dental Office "Fee Allowances Revision by Medical
Services ~- Health and Welfare Canada". )

It is not contingent that the individual have a Band number toa
receive uninsured services, a copy of the DIAND letter should be
attached to any MSB form for uninsured services as the letter
will be used as verification of status. For dental, eye glasses
and special medical treatment forms, a copy of the DIAND letter
is sufficient for MSB purposes. This also applies to prescrip-
tion drugs, but pharmacists who may not be aware on how to deal
with the Bill C-31l status people may refuse to dispense "on pres-
cription" pharmaceuticals to newly instated people and wait for
MSB reimbursement. In this case, advise the individual to keep
receipts, attach a copy of their DIAND letter, and submit to MSB
For reimbursement themselves.

REPORT FROM ENVIRONMENTAL HEALTH: (Submitted by C. Dawson)

In the third week of November, I made my first field trip (3
days} to the Anaham Reserve in the Chilcotins. The Chilcotin,
Ulkatcho, Kluskus bands are preparing to undertake their own pro-
grams in the future and invited four of us from UBCIC to attend
their discussions.

This trip gave me tne opportunity of establishing contact with
the Chilcotin bands, observing what and where their major
concerns are and to participate in discussion with band members.

On November 22, I sat in ona Stein Valley discussion in the
UBCIC Boardroom. In attendance were Chiefs Ruby Dunstan and
Perry: Redan, some of the UBCIC lawyers and other UBCIC staff
members as well as John McCandless, Chairman of the Hazardous
Waste Management Coalition of Lillooet, B.C.

Discussion centered on the ramifications Logging would have on
the Stein. Undoubtedly the whole eco system of this valley will
be altered drastically by logging. Many things are at stake in
the Stein. The Nl'akapmx Nation's sacred spiritual territories
in the Stein would be desecrated and the possibility of thefts of
artifacts would be increased.

Erosion of the soil would be hastened. Rivers and streams could
be altered to their detriment, endangering the balance of marine
Life.

On the land wildlife and man would be exposed to unnecessary
environmental threats.

The Stein Valley is one of several locations that the Wilderness
Advisory Committee of B.C. has on its agenda. At the end of Jan-
uary, I plan ta attend their hearings at the Hotel Georgia in
Vancouver to determine what this committee's findings will be.

On December 5, I travelled to Terrace. On the following day I
met with Alex Bolton, Environmental Researcher for the Kitsumka-
lum Band to discuss their environmental concerns with him.

While in Terrace I attended the December 7th grand opening of the
unique Northern Native Broadcasting (NNB) Centre. I delivered a
letter of congratulations to NNB on behalf of our President, Saul
Terry. ‘

On the 17th of December I read the Interim Report of the Sub-
Committee On Transfer of Health Programs to Indian Control.
Following reading the report I wrote a brief assessment of it
which was given to the Chiefs Council members.

I also gave a brief verbal report to Chiefs Council members on
December 19th outlining my activities to date.

I attempt to keep myself updated on environmental concerns and
issues through contact with other people as well as reading mat-
erials. In the area of health, I also follow the same practices.
I am truly looking forward to. the challenges in 1986 with others
who are committed to protection and enhancement of our health and

environment in B.C. Undoubtedly I will undertake more field
trips where and when required.

KK*

REPORT FROM LEGAL DEPARTMENT:

CN Twin Tracking Case:

Tsawout Indian Band:

Just before Christmas, members of the Tsawout Band physically:
prevented a dredging machine from sucking up the eelgrass in
their Bay. The eelgrass is important fish habitat which supports
the life of the crabs, and many of the fish and ducks that the
people have relied upon since time immemorial. A Company had
been given a licence from the Province to dredge the Bay to
construct a marina. After negotiations, the people agreed to get
out of the dredging machine if the Company would keep the dredg-

out of the dredging machine if the Company would keep the dredg-
ing machine our of the Bay and have the issues determined in
court. The Indians won their injunction and the matter will now
proceed to Court.

The legal issue involves a proper interpretation of the Douglas
Treaty which, for the Tsawout people, guaranteed the right "to
Carry on our fisheries as formerly." The people argue that the
treaty right enjoys constitutional protection and where there is
conflict between the fishing right and the Provincial licence to
build the marina, the treaty would prevail. The trial should
take place in 1986. The Court will decide what fishing rights
were guaranteed by the Treaty and whether those rights are broad
enough to stop the construction of this marina permanently.

Gitksan Wet'suet'en and Meares Island Case:

The Haida Ghow Case

The Haida harvest roe on kelp or ghow as a major source of food
fish. In recent years, other people recognized the fine food
value of this crop and Federal Fisheries moved in with regula-
tions to licence the commercial taking of it. Predictably,
Indian food fishermen, narvesting ghow were soon approached by
Fisheries and charged for their food fishing. We successfully
defanded a charge against Haida Band members on the basis that
the Federal Government had not actually prohibited food fishing
for Ghow at the point when they instituted a commercial licencing
regime. This decision 15 important because as the case arose
pefore April, 1982, and given that there was no proper regulation
for the food fishing of ghow before that time, the Haida people
will be in a position to argue that their right to food fish for
ghow is an existing aboriginal right within the meaning of
Section 35 of the Charter. The Crown has appealed this decision.

Regina v. Seward:

The Haida Mischief Charges and Lyell Island:

Seventy two Haida's were charged with mischief in blocking the

1 r

against all

but eleven of those people,

charges from mischief to criminal contempt.

mischief charge,

people are subject to penalti
All three elders who appeare
We are fixing

criminal contempt.

Also on Lyell Island,
the

Government fo press
destroying a spawning creek on Lye

the maximum fine was §500.00, | vt
es as high as two years in jail.

don the line are charged with
dates to defend these people.

charges

but they raised the
This means,

for a
whereas now the

the people were successful in pressuring
against Beban Logging for
ll Island and killing fish.

Monday lUiagazine: Nov.

28 -

Dec. 4, 1985

STILL THE CONQUEST

THIS PROVINCE

is not Indian land.
Not any more. For
the past 200 years,
European and oth-

=| er immigrants
events have
shown, we're sull

: aun have been taking it
lay oe : — . bs
mca ~~

consolidating our

over, and as recent
grip. Any time the original inhabitants dare

to stand up.against our continuing mash for-

e#ia, the old colonial iron fist mses and
strikes again. That's what we're seeing now
on Lyeil Island, South Moresby Island and
in the wider provincial land claims disputes.

We are now in controi of Indian lands,
and the Indians have been rendered mili-
tarily, politically and economically power-
less, the same treatment accorded to most
colonized people throughout history.

Our acquisitive forebears could not have-

chosen a more benevolent and generous
peopie to invade: they guided us into their
heartlands, welcomed our trade, and gave

us rights to use their lands in return for ~
wie. While they had their slaves, grisiy *

inter-tribal raids, and paraded enemy heads
on spears, they were also spiritually attuned
to the land in a way that we can only wit
ness from afan-s>.

i, Ve-have not treated the Indians kindly.
European settlers got 640 acres per person;

Indians got 10 acres. There was a bounty on -

their scalps in NewfoundJand: on this coast,
we brought them smailpox, which wiped

out two thirds of the population.

We make much about saving Indian cul-
ture and celebrating its high points— Expo
86 has commissioned Bill Reid to build a
dugout canoe, to pick one of countless ex-
amples —but when the price of preserving
their culture interferes with our “legal nght”
to park our yachts in their front yard in
Saanichton, or cut their trees for the sake of
a few jobs on Lyell Island, we go blind. We
use Indian culture as though it’s a peel-off
sticker. We give out Cowichan sweaters to
visiting royalty, then tell the people who
make the sweaters that their sacred dreams
mean nothing when our hunting regula-
tions are disobeyed.

In the context of colonral expansion, the

current argument about law and order is.

specious, however necessary it might be.
Having moved in on these people, we im-
prisoned them with laws designed to im-
print our culture on the land and all its peo
ples. We nailed them with laws that de-
manded either cultural suicide or resistance,
forcing their children into jail-schools to
learn English, forbidding key cultural cele-
brations such as the Potlatch. Most of all, we
took their land away and gave them back
little bits of “reserves”— by passing laws.

Mostly the Indians have “chosen” cultur-
al suicide, and we have wrung our hands in
guilt and built stunning museums in their
memory, Instead of attacking us, as we cer-
tainly would if someone showed up in the
inner Harbour today with a gunboat anda
landing party, they turned their bitterness
on themselves. They continue to jet us be

their fmends. They don’t begrudge us much
of what we have taken from their lands. Al!
they are asking of us, after all these years, is
some understanding, tne kind of compensa-
tion that tlows readily from the federal trea-
sury when it sees a Prairie bank in trouble.

So they stand up and draw a line around
what little they have left. and we pull our
our legal sticks and threaten them— yet
again.

What thev are getting from Premier Bill
Bennett is a reaffirmation of the old colonial
conqueror role. His polisters have toid hun
that there are votes to be gained from:

—inflaming the historical revulsion to-
wards Indians as “disgusting primitives”
who don't keep their yards and children
clean :
—generating fear through exaggerations
about the demands of the Indian land
claims

—piaying up to those who would prefer tc
see all indians driven into the sea or turned
into law-fearing techno-class suburbanites
“like every other immugrant.”

Those of us who are not Indian can hardly
pretend we wish this colonization didn’t
happen; our lives, fortunes and families are
built on the payoff that resulted. But we can
follow the lead of local church leaders who
are simply suggesting that we stop breaking
apart and trampling on these people who
have paid so much for so long.

Especially on the eve of our annual festi-
val of peace and goodwill, we can do better
than that.

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Union of BC Indian Chiefs Historic Newsletters