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Union of B.C. Indian Chiefs Newsletter (January 1990)
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Union of B.C. Indian Chiefs Newsletter (January 1990)
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1.06-01.08 Union of BC Indian Chiefs Newsletter
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January 1990
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Chief Saul Terry
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UNION OF B.C. INDIAN CHIEFS NEWSLETTER #200 - 73 WATER STREET VANCOUVER, BC V6B 1Al Tel: (604) 684-0231 PAX: (604) 684-5726 MESSAGE FROM THE PRESIDENT As the 1980s drew to a close last month, an extremely important event occurred -- an event that is significant for every Indian Nation in Canada whose Aboriginal Title and Rights have not been fully recognized by the Crown. On December 18, 1989, for the first time in history, the Government of Canada formally stated in writing its position on how our Nations’ Aboriginal Title and Rights have been extinguished in British Columbia. This statement was submitted by the Attorney General of Canada to the B.C. Supreme Court in the Delgamuukw (Gitksan Wet Suet’En) land title case. (A copy of the Attorney General’s statement is enclosed.) January 1990 It is now clear for all to see that the Government of Canada categorically rejects our Indian Nations’ assertion of ownership, sovereignty and jurisdiction over our traditional territories. Through the Attorney General’s statement, the Government of Canada is saying to Indian people that we have NO ABORIGINAL RIGHTS WHATSOEVER: NO HUNTING AND TRAPPING RIGHTS! NO FISHING RIGHTS! NO GATHERING AND BERRY-PICKING RIGHTS! The only so-called "rights" Canada recognizes are those pertaining to existing reserve lands as defined by the Indian Act and other federal legislation. I look upon the Attorney General’s statement as final and absolute proof that the federal government has been and is continuing to pursue a TERMINATION POLICY AIMED AT EXTINGUISHING INDIAN NATIONHOOD, SOVEREIGNTY AND ABORIGINAL AND TREATY RIGHTS THROUGHOUT CANADA. There can be no mistake about it. The "Buffalo Jump of the 1980’s" remains a reality in the 1990s. Still, some believe that in 1990 our Indian Nations should be cooperating with the Mulroney government by participating in its comprehensive claims process, its LRT Review anda its "community self-government" termination initiatives. Why? What advantage is to be gained? This is the same government, with the same policies, that is fighting tooth-and-nail against our Aboriginal Title, Rights and Jurisdiction in court. This is the same government that refuses to reopen constitutional discussions on our Nations’ Aboriginal Rights. This government that is stepping up its campaign to replace our Indian Nations’ long-standing political agenda with its own fiscal and administrative priorities. With the recent passing of Grand Chief George Manuel still fresh in my heart and mind, I must ask: HAVE WE FORGOTTEN HOW TO FIGHT BACK? is the same * My first message for the new decade, then, is that the Union of B.C. Indian Chiefs will continue to fight back without compromise against the extinguishment and termination policies of the Mulroney government. We will not cooperate with a government that seeks to bury our Nations’ Title, Rights and Jurisdiction, once and for all, in a sealed casket of legislated administrative reforms. We will not give our consent, by participating in the government’s policy and program initiatives, to the destruction of Indian Nationhood in the 1990s. We will fight back, as we did in 1969 against the "White Paper" and again in 1980-82 over patriation of the Constitution. We will fight back, with all the resources at our disposal, for an equitable, just and comprehensive settlement of the Land Question in B.C. We will fight back for. non- extinguishment treaties to replace the Indian Act -- Nation-to-Nation treaties that will define a new, constitutional relationship with Canada based on recognition of our Nations’ Aboriginal Title, political sovereignty, and our Peoples’ inherent right of self- determination. WELCOME TO THE 1990’s! SELF-DETERMINATION, ABORIGINAL TITLE AND POLITICAL POWER For Indian Nations, SELF- DETERMINATION is the process of exercising self-governance without external interference. This is a natural right flowing from our position as the First Nations to rise upon the soil. Our Nations were not established by force or coercion, nor were they created with the signing of a law on a piece of paper. Our Nations were created from natural laws. From time immemorial, our Indian Nations practiced uncontested, supreme and absolute power over our territories, our resources and our lives. Our Nations exercised the right to govern, to make and enforce laws, to decide citizenship, to wage war or to make peace, and to manage our lands, resources and institutions. ABORIGINAL TITLE AND RIGHTS are the terms we use today to describe these fundamental national treaties. ABORIGINAL TITLE AND RIGHTS mean that we, as Indian Peoples, hold Title and have the right to maintain our SACRED CONNECTION TO MOTHER EARTH by governing our territories through our own forms of government. Our nations have a natural and rightful place within the family of Nations of the World. Our political, legal, social and economic systems development in accordance with the laws of the Creator since time immemorial and continue to this day. Our power to govern rests with the people, like our Aboriginal Title and Rights, it comes from within the people and cannot be taken away. As with our power to govern, we possess the natural right to determine our future. While we say that we, like all human beings, have the natural right to decide our own way of life independent of external intervention, TO HAVE THE RIGHT IS NOT THE SAME AS EXERCISING THE RIGHT. Our nations may choose to exercise the right, but there are competing forces in the world who seek to deny us how we will decide our political future, how we decide to use and dispose of our natural resources, and even how we decide to practice our social and cultural life. To illustrate this point, we only have to look at our Nations’ recent efforts to exercise political self- determination in our relations with the state of Canada. The State of Canada was only recently established under its own constitution in 1982. Prior to 1982, Indian Nations strongly urged Canada to enter into a dialogue where our Nations might join the new Canadian state in political confederation. Our proposal was that our Nations and the people of Canada would share political power in ae fully confederated Canadian state. Despite our greatest efforts, the leaders of Canada rejected all of our proposals. Instead of renewing efforts to enter into dialogue with our Nations, the Canadian leadership chose subterfuge and manipulation. Instead of entering into mutually defined negotiations, the Canadian leaders chose to deny our Nations as an equal place at the negotiating table. The Canadian leaders rejected any Giscussion of our SHARING POLITICAL POWER with their governments. Our Nations were advised that there was no place for them in the new state of Canada. On April 17, 1982, the new constitution of the state of Canada was proclaimed but no Indian Nation would share in the political powers defined in the federal system of governments. By the decision of the representatives of the Canadian people, our Indian Nations were placed outside of the Canadian political systen. Since 1982, our Nations have been outside the state of Canada in search of political status. Consistent with the fact that the leaders of Canada denied our choice to enter confederation on the basis of our Nations’ right to self-determination, over the past seven years the state of Canada has worked very hard to frustrate the exercise of self-determination by our Nations. The government of Canada has said to its people and to world that it has worked to include our Indian Nations in its constitutional process. This is not true. Indeed, the government of Canada has worked to divide our nations in an effort to create only the appearance we have participated. Canadian government representatives say that “there is not yet a consensus" among Indian Nations on the Canadian constitution. How can there be a consensus among. our Nations, or how can there even be a process of negotiations at this late date, when almost eight years ago the leaders of Canada showed their disdain for our Nations by rejecting all of our proposals and then proclaimed a constitution without us? The peoples of Canada and the world have all been the victims of a sham, a fiction perpetrated by the Government of Canada. There are no negotiations now on the Canadian constitution that involve our Indian Nations. What is actually occurring is a public fiction meant to conceal the efforts by the Canadian state to break up our Nations and confiscate our lands and resources. In the international community, this fiction is being perpetrated even now with the aim of denying our Nations the right to decide our own political future without Canadian interference. THE SELF-DETERMINATION OF OUR NATION RESTS SOLELY ON OUR OWN CHOICES, but Canada must stop its attempts at interfering with our decisions. Canada’s uncompromising rejection of legitimate Indian national aspirations for self- determination make a lie of Today after eight years, the constitutional process remains suspended in the twilight zone of Canadian government lies, double-speak, propaganda and manipulation. As our Indian Nations go about’ defining their agenda for the 1990s, it should be remembered that TRUE SELF-DETERMINATION AND - REAL POLITICAL POWER ARE EXPRESSIONS OF OUR NATIONS’ ABORIGINAL TITLE AND INHERENT its reports of cooperation with Indian Nations. SOVEREIGNTY. AND THESE CAN ONLY BE FULLY RECOGNIZED THROUGH NON-EXTINGUISHMENT NATION-TO-NATION TREATIES THAT DEFINE THE TERMS OF OUR NATIONS’ ENTRY INTO CONFEDERATION UNDER THE CONSTITUTION OF CANADA. The Union of B.C. Indian Chiefs has 20th Anniversary Celebration commemorative posters, t-shirts, hats, pens, note pads for sale. For more information contact our Vancouver office at 200 - 73 Water Street, Vancouver, V6B 1Al, 684-0231. Copies of the "Indian Act and What It Means" and "The Sechelt Act and What It Means" are available at a cost of $5.00 per copy. Newsclipping service is available to paid members of the Union of B.C. Indian Chiefs and is mailed monthly. * & & CHIEFS MASK: Gallery. Chiefs. An Indian Owned and Operated Indian Book Store and An organization owned by the Union of B.C. Indian We presently carry over 550 native titles and frequently update our stock. Order or write today!! CHIEFS MASK 73, Water Street Vancouver, BC V6B 1Al1 (604) 687-4100 FAX: (604) 684-5726 LEGAL COMMENTS OF THE ATTORNEY GENERAL’S STATEMENT: For the first time in Canadian legal history the # Federal Government has been ordered by the Court to declare it’s position regarding whether aboriginal title in British Columbia is extinguished, and by what means. On December 11, 1989, the Attorney General of Canada declared their position. This is what they say: Canada will not recognize any rights of ownership or jurisdiction over the territory of Indian Nations because they say that’ the claim of ownership and jurisdiction is a claim of sovereignty which was extinguished completely when Great Britian asserted control over Canada. Canada recognizes that Indian people had aboriginal title when the Europeans arrived but they define title to be confined to the use and occupation of specific sites for villages, fishing, hunting, trapping and berry picking. * Canada’s position is that whenever any government, federal or provincial, passed any law which affected the ability of the Indian people to use their village sites, fishing, hunting, trapping or berry picking grounds, aboriginal title was then extinguished by “adverse use or alienation" of the territories. Canada assumes no fiduciary obligations to protect adverse use from occurring. Further, if Indian people have not used those particular village sites, hunting, fishing, trapping or berry picking areas continuously, where there is a "discontinued use" for a period of time, the area sites are "abandoned" and aboriginal title in that place is extinguished. Therefore, according to the federal government, aboriginal title only exists where there has been continuous use of occupation of village sites, hunting, trapping, fishing areas and berry picking areas and where the government has not chosen to interfere or give away those areas. There is no right of self- government. There is no recognition that aboriginal title is a right to use resources of the territory to survive into the future. There is no recognition of the spiritual or cultural relationship to the land. There is no recognition of any fiduciary obligation on the federal government to protect aboriginal title or treaties. There is no meaning which the federal government gives to S35 of the Constitution Act, 1982. ATEMENT _THE AT EY GENE OF CANADA! OsiITiIoO ON _ EXTINGUIS DIMINU OR_AB E OF ABORIGINAL RIGHTS IN THE CLAJM ARPA 1. THE PLAINTIFFS' CLAIM TO OWNERSHIP OF AND JURISDICTION OVER ALL THE LANDS IN THE CLAIM AREA. e Attorney General Cana sponds: Ownership and jurisdiction constitute a claim to sovereignty. If the Plaintiffs ever had sovereignty, it was extinguished a ai by the assertion of sovereignty by Great Britain. 2. THE PLAINTIFFS! CLAIM, IF ANY, TO ABORIGINAL RIGHTS BASED ON USE AND OCCUPATION OF THE CLAIM AREA. The -torney General of Canada r ° : As to extinguishment, this occurred when sovereign authority was exercised in a manner necessarily inconsistent with the continued existence of aboriginal rights whether by legislation or otherwise, For example general legislation, when it was accompanied by actual adverse use or alienation, was necessarily inconsistent with the continued existence of aboriginal rights and thereby caused their extinguishment. Just as proof of use and occupation rights must relate to specific areas, proof of extinguishment, diminution or abandonment must similarly relate to the same areas. With regard to abandonment, proof of aboriginal rights requires continued traditional use and occupation of the various parts of the claim area. Wherever evidence demonstrates that the Plaintiffs' traditional use and occupation of an area has been discontinued for a significant period of time or that their traditional way of life has been altered so that traditional activities of use and occupation have been largely replaced by non- traditional activities, then aboriginal rights to that area are lost. This lack of continued use can be considered as an abandonment of the traditional use and occupation necessary to establish aboriginal rights. The Attorney General of Canada takes the position that extinguishment, diminution or abandonment has taken place in many instances in relation to the use and occupation rights claimed by the Plaintiffs. - 27 The following types of use and occupation rights have been extinguished, diminished or abandoned where the evidence indicates activities necessarily inconsistent with traditional use and occupation or a discontinuance of traditional use and occupation: VILLAGE AND FISHING SITES (outside Reserves): Through legislated uses, rights or interests necessarily inconsistent with aboriginal use and occupation of the site or, in many instances, through discontinuance of traditional use and occupation by the Plaintiffs; FISHING: To the extent that the fishing right is necessarily inconsistent with the Fisherles Act, such rights have been extinguished or diminished by Fisheries legislation and, in some places, the right has been lost by non-use} HUNTING/TRAPPING: To the extent such rights include the right to hunt or trap, wherever, whenever or by whatever means the Plaintiffs choose, such rights have been diminished by applicable Provincial legislation. Such rights have also been extinguished whenever other legislated uses, rights or interests of areas have occurred, which other uses, rights or interests are necessarily inconsistent with hunting or trapping, such as resource development or grants in fee simple. Furthermore, lack of continual use by the Plaintiffs has resulted in the loss of rights, in many instances. BERRY PICKING: Such rights have been extinguished wherever other legislated uses, rights or interests of the areas are necessarily inconsistent with berry- picking, such as resource development, forest management practice or grants in fee simple. Also lack of continual use by the Plaintiffs has resulted in the loss of rights, in some instances. Aboriginal rights will subsist where traditional use and occupation has continued and sovereign authority has not been exercised in a manner necessarily inconsistent with such use and occupation. UNDAMENT ERENCE BETWEF E_ ATTORNEY GENER: 8 POSITION AND THAT OF THE PROVINCE The Attorney General of Canada does not take the position that blanket extinguishment of aboriginal rights based on use and occupation has ever occurred in the claim area by any of the means set out in paragraphs 34, 35, 36 or 37 of the Province's Further Amended Statement of Defence or Particulars thereto. MMK : wt 1tr107.ind December 11, 1989 UNION CHALLENGES VANDER ZALM LIE (UBCIC PRESS RELEASE - January 18, 1990) Premier Vander Zalm’s remarks Wednesday evening, January 17, 1990 concerning the provincial government being able to take a more active role in Indian land claims as a result of the success of his Council on Native Affairs would be welcome and, indeed, historical were it not for the fact that his statement is a lie. The provincial government’s position on land claims has not changed under Vander Zalnm. The B.C. government still refuses to recognize aboriginal title and rights. When Mr. Vander Zalm speaks of a "more active role" in land claims negotiations, he is alluding to his government’s decision to attend negotiation meetings as an official observer, as opposed to an unofficial observer. Either way, an observer is not active. Mr. Vander Zalm’s recent maneuvering to dialogue with Indian Bands and Tribal Councils through his Premier’s Council is nothing more than an attempt to patronize Indians by offering them lottery program dollars (which they are already eligible to receive) while diverting attention away from the long-standing issue of recognition of Aboriginal Title and Rights. * *« & The Vancouver Sun, Saturday, January 20, 1990 By TERRY GLAVIN Sun Native Affairs Reporter Premier Bill Vander Zalm lied when he said his ‘ government is taking a more active role in ‘addressing Indian land claims, says the Union of ’ B.C. Indian Chiefs. The chiefs’ union issued the statement in the . wake of Vander Zalm’s televised address Wednes- day. “Our success through the premier’s native . Indian advisory council ... has encouraged us to take a moré active role in effectively dealing with native land claims,” the premier said. B.C. Indian leaders say they have no evidence that the B.C. government is complying with their century-old demand and dealing with land claims. Since the 1970s the federal government has also -asked the B.C. government to deal with Indian land claims. — Vander Zalm’s remarks on Wednesday would be welcome and historic “were it not for the fact ace Dee cbt eee SP Bay os Saas acc te a) CHIEFS Continued from page one that his statement is a lie,” the chiefs’ union stated, adding that Vander Zalm appears to be referring to his deci- sion to send observers to land claims negotiations. The only such talks going on in B.C. involve Nisga’a leaders and the federal government. A Jan. 8 bulletin published by Vander Zalm’s council on native affairs makes an assertion similar to the remark the UBCIC calls a lie. The bulletin contains an article headlined ‘“‘Province Joins Land Claims Talks,” but the article itself - reports that the B.C. government is only officially observing the talks. =: Vander Zalm’s claims about “# more active role” in dealing with the question of aboriginal title were also’ ' _questioned. Friday by Ed Joh spokesman for the Carrier-Sekani _ Tribal Council, who offered Vandet - Zalm some suggestions about how té - assume such an active role. WG: The government should take‘a: strong and flexible attitude oh resolving the aboriginal title ques-" tion, John said. ial iy SOCIAL CREDIT PROPAGANDA CAMPAIGN UNDERWAY It is obvious a government- wide plan is now in place in B.C. in an attempt to pacify the province’s 77,000 registered Indian people and the public at large. With the Native Affairs Ministry acting as advisory hub, several departments have begun to provide programs and program funding to Indians, including: Social Services and Housing, Labor (Alcohol and Drugs), Health Education, Advanced Education, Tourism and the Solicitor-General. the above list the government funding catch-all for Indians, the First Citizens Fund, along with some long-overdue items such as settlement of a cut- off claim left over from Dave Barrett’s NDP government, and the setting up of a justice council in the Chilcotin area and you have all the elements necessary for a propaganda campaign. Add to usual B.C. * In fact, a recently released edition of the government’s "Provincial Report" is obviously intended as a tool of this campaign. In the eight-page tabloid completely devoted to Indians, there are no fewer than 40 stories and 16 photos detailing all the good things Mr. Vander Zalm and his government is doing for Indians. Under the bold headline - Co- operative spirit replaces fighting words - the "newspaper" carries ae lead story that begins as follows: "A new spirit is afoot in B.C. as aboriginal people and the provincial government find positive ways of cooperating on what once were issues discussed only in fighting words." The article then goes on to give an overview of the many initiatives being undertaken, all of which are detailed in the rest of the "newspaper", while generally trying to give the impression Victoria suddenly can’t do enough for Indians. Enough, that is, except recognize title and rights, and settle the Land Question. JUSTICE DENIED: RACISM ON TRIAL IN THE 1980’8 The 1980’s will be remembered for various reasons by different people and groups in Canada. For Indian People, the decade might well be remembered as a period in time in which government justice systems across Canada finally received much-needed scrutiny and challenge. From Nova Scotia to Alberta, provincial justice systems were, in effect, put on trial. To the surprise of many people, but not to Indians, the systems have been found to be racist, unfair and grossly inadequate in their treatment of native people. In the 1980’s, in a _ country which wouldn’t recognize the inherent right to self- government for its original inhabitants in its constitution, the following "trials" were either begun or completed: 1. The Donald Marshall Inquiry, Nova Scotia. Costing an estimated $7 million, a royal commission into the wrongful conviction and ll-year incarceration of the then 17-year old Micmac Indian found: a) that the Court of Appeal made a serious and fundamental error when it concluded that Donald Marshall Jr. was to blame for his wrongful conviction; b) that the court selectively used the evidence before iz as well as information that had not been submitted in evidence in order to reach its conclusions; c) that the court took it upon itself to ‘convict’ Marshall of a robbery with which he was never charged; da) that the court was in error when it stated that Marshall ‘admittedly’ committed perjury; e) that the court did not deal with the- significant failure of the Crown to disclose evidence, including the conflicting statements by witnesses to defence counsel; f) that the court’s suggestion that Marshall’s “untruthfulness . . . contri- buted in large measure to his conviction" was not supported by any available evidence and was contrary to evidence before the court... g) that the court’s decision amounted to a defence of the criminal justice system at Marshall’s expense, notwith- standing evidence to the contrary; h) that the court’s gratuitous comments in the last pages of its decision created serious difficultly for Donald Marshall Jr. both in terms of his ability to negotiate compensation for his wrongful conviction and also in terms of public acceptance of his acquittal. The royal commission’s seven- volume report said the Nova Scotia justice system is riddled with racisn, ineptitude and unfairness. It also said: "The evidence is persuasive and the conclusion inescapable that Donald Marshall Jr. was convicted and sent to prison, in part at least, because he was a native person." a The Manitoba Native Justice Inquiry. This inquiry has not yet issued its final report and will probably do so in March of this year. It is focussing primarily on two separate incidents involving Indian people who died: a) Helen Osborne =- she was abducted off a street in The Pas, Manitoba by four drunken whitemen in 1971 and _ was murdered, stabbed 56 times with a screwdriver. Sixteen years passed before one of the four was convicted despite the fact it was common knowledge, even to law officials, as to who had committed the murder. b) J.J. Harper - He was shot in 1987 by a Winnipeg police officer who later claimed Harper had attacked him and tried to take his gun. The officer mistook Harper for a car thief. A subsequent police investigation of the incident was botched and the policeman was exonerated. The officer who botched the investigation committed suicide on the day he was to testify at the inquiry. In the course of its investigation, the inquiry, which includes an Indian judge, opened its doors to people from throughout Manitoba and not surprisingly Indian people and groups took advantage of the opportunity. a Rolf Inquiry, Blood Tribe, Southern Alberta. This inquiry, conducted by judge Carl Rolf, was established by the provincial government to look into how the justice system treats members of the Blood Tribe after four of its members were murdered. Besides these four murders, which the Blood Tribe says were never investigated properly, the inquiry is also hearing from tribal members on the inadequacy of policing for Canada’s largest reserve. The tribe had its own police force. in the -1970%e but it went out of existence because the federal government refused funding and the Alberta government refused recognition. The tribe now has a police force again, this time with provincial recognition and co- operation. his Native Justice Council, Chilcotin Territory, B.C. Rather than set up ae full- fledged justice inquiry in B.C., as called for by the Union of B.C. Indian Chiefs, the B.C. provincial government opted for a safer political approach. Obviously fearful of what an inquiry would disclose, the B.C. government set up the Chilcotin justice council after the death in 1988 of Katie Ross of the Williams Lake area. The 56-year old Indian woman died from a gunshot wound that went undetected despite spending 15 hours in hospital. In the hospital, she was tied to a By the provincial government’s own admission, the Chilcotin justice council is merely a consultative body made up of Indian people and justice system officials. As such, it has no powers of subpoena and its recommendations are not binding on the _ provincial government. bed in the children’s ward. A coroner’s jury, after reviewing the death, suggested Mrs. Ross’ skin color had something to do with the way she was treated. "THE SAME AS YESTERDAY The Lillooet Chronicle the Theft of Their Lands and Resources" BY Joanne Drake-Terry JUST PUBLISHED: The majority of British Columbians believe that Indian peoples have been unjustly deprived of their lands and resources. Recognizing this, most people are eager to end the obvious inequalities of economic, social and cultural positions by sharing lands and resources. But to date elected officials have refused to respond to public pressure to negotiate a fair settlement of the Indian land question. The government’s position forces Indian peoples into costly litigation in Canadian courts to influence change. This book examines the unscrupulous use of political power in British Columbia during the 19th and 20th centuries that resulted in the takeover of valuable lands and resources in Lillooet territory and in other Indian territories. Remarkably, Lillooet history is fully supported by documents generated by the adversary culture. The Same as Yesterday is a cool and reasoned account by the Lillooet that their title and rights exist. It also looks at racism and the human cost of maintaining the status quo. This paradigm is contained in the Declaration of the Lillooet Tribe. The Declaration was sworn by seventeen Lillooet Chiefs on May 10, i911. Lillooet history makes a strong case for treaty-making in British Columbia, this being one means’ recognized under international law for Canada to settle the Indian land question. ALL PROCEEDS TO THE STL‘/ATL’IMX PEOPLE. TO ORDER CONTACT: Lillooet, BC VOK 1V0. Phone: Lillooet Tribal Council, PO Box 1420, (604) 256-7523. Chiefs Mask Bookstore, 73 Water Street, Vancouver, BC V6B 1Al. Phone: (604) 687-4100 Union of B.C. Indian Chiefs, 200 - 73 Water Street, Vancouver, BC V6B. Phone: (604) 694-0231.
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