Union of B.C. Indian Chiefs Newsletter (June/July 1992)

Edit item

Title

Is Part Of

1.06-01.08 Union of BC Indian Chiefs Newsletter

1.06.-01 Newsletters and bulletins sub-series

Date

June 1992

Subject

Language

Identifier

1.06-01.08-03.03

pages

IN THIS ISSUE

Message from the President............p. 2

Delgamuukw Update...........................p. 3

Constitution Package....................... p. 4

Education Update ............................ p. 5

topic

Contributor

Type

periodical

extracted text

Union of B.C. Indian Chiefs

NEWSLETTER
JUNE/JULY 1992

Self-government in our hands, not Canada's
"Meech II" sets stage for 2nd Provisional Government conference
July 22-23, 1992 has been set by the Union of B.C. Indian Chiefs as the date for a second Special
Peoples' Assembly to establish the provisional government for a Confederacy of Sovereign Aboriginal
Nations in British Columbia.
The Assembly will be held at St. Mary's Centre,
Mission, B.C., which was the site of the first
provisional government Special Assembly in April.
At the first conference, over two hundred delegates
adopted in-principle a draft constitution for the
provisional Confederacy government.
The second provisional government Special
Assembly will review and incorporate input from the
people in our communities into a revised draft of the
Confederacy constitution (Draft #6) and will discuss
strategies for building the Confederacy and
implementing self-government by the end of the year.
The conference in July will occur one week
after the federal government "rolls the dice" again
on Canada's constitution and tables its reform
package in Parliament. Prime Minister Brian
Mulroney has already stated that the federal package
of constitutional amendments will require aboriginal
peoples to make more compromises and agree to
restrictions on their inherent right to self-government
~ something which the Union of B.C. Indian Chiefs
and the Assembly of First Nations strongly oppose.
"I think that what is happening with Canada's
constitution only goes to show that it is really up to
us, the indigenous peoples of this land, to take the
actions that will make self-government a reality. The
responsibility is ours and ours alone," Chief Saul
Terry stated. " W e do not need permission from
Canada or the provinces. We do not need to be in
their constitution. We just have to get to work and
build our nation governments and our Confederacy
government and move on towards the objective of
nationhood. Decolonization begins at home, not in
Ottawa."
Chief Terry added that "the Prime Minister is
going to do everything in his power to dictate the
terms of self-government to us but I think this will
JUNE/JULY 1992

back-fire, just like Meech Lake in 1990. Only this
time we have to act to protect our rights, not just
react. We have to put our own constitutions and
governments in place in our respective territories at
the same time that we oppose the federal
government's constitutional package. I think what is
happening in Ottawa will give a big boost to the
provisional Confederacy government now being
initiated. I am looking forward to continuing the
work at the Special Assembly on July 22-23."

SPECIAL EDITION
IN THIS ISSUE

Message from the President

p. 2

Delgamuukw Update

p. 3

Constitution Package

p. 4

Education Update

p. 5

Page 1

MESSAGE FROM THE PRESIDENT:
Speech to the U.B.C.I.C. Power of Indian Health Conference, March, 1992

e try to address many of
the difficulties we encounter
as directly as we can. In 1977, the
Union of B.C. Indian Chiefs made a
statement that we should try to
couple the traditional ways of our
people with contemporary scientific
knowledge in the fields of fisheries,
agriculture, and health. One must
address the question of our
involvement with health in terms of
what is best for our people who have immediate needs not only
in health but in all other services both at home and in urban
areas. As we encounter difficulties with the federal and
provincial Crown, we have to think of ways to address these
problems.
This brings me to the statement I want to make today.
In the past we have gone directly to the people to discuss ideas
on how we should address the difficulties we face. We did that
previous to 1980 when the Aboriginal Title and Rights Position
Paper was adopted. We went from community to community
and now it is time to do that again and go to the people.
Yesterday I asked if you were happy with the situation that
exists with health services. I think the answer is - no we are not
- so the question is : what can we do about it?
The Union of B.C. Indian Chiefs has a vision for
substantive change that reflects Indian self-government,
something we have been talking about for ten years. I am
thinking of our government more in line as nations rather than
bands. As professionals working to improve the health of our
peoples, we expect the Canadian government to deal with the
every day realities. It is inadequate right now in Canada
because you, as health workers, confront the limitation of the
government's alternative funding and transfer programs.
Meanwhile, our people continue to suffer unacceptable levels
of physical, psychological, and spiritual illnesses that are a
direct result of the colonial disempowerment of our
communities. These new devolution programs - as I think you
have discovered - are not really about Indian self-government
at all. They have nothing to do with the real empowerment of
our people and nothing to do with significantly improving the
health of our people. What drives these programs is the
government's desire to reduce its costs and responsibility for
health care delivery to our peoples. I am sure that many of you
have discovered that these programs have shifted the burden of
responsibility from the shoulders of the government onto yours
and to ours. This is occurring without sufficient resources and
authority over health programs to make a real difference in the
health of our peoples.
The best, brightest, and most dedicated health workers
are forced to become administrators of our peoples' poverty
and illness. You have become slaves for the government

because I have heard many times that there are people who are
given half-time positions in different communities and find
themselves working full days seven days a week in serving
your people. So the old colonial system is simply being
replaced by a neo-colonial system to ensure the
disempowerment of our peoples continues. The governments
certainly don't have any intention of transferring the power and
authority along with that responsibility. This situation occurs
in all the areas which are vital to our survival as distinct
peoples into the next century and beyond. In post secondary
education, for example: do we have power and authority there?
"The power of the people has to
prevent further erosion of our
rights"
No. In policing: through which we are trying to establish
peace and order in our communities - the Government of
Canada is dictating how that should occur. In lands
management: the imposition of the federal and provincial
Crown statutes are creeping into our jurisdictional areas. Look
at the forestry sector! and the fisheries! We have made efforts
to protect our gravesites - our spiritual and sacred sites. The
Provincial Government dictates that we have no business in
those places.
We must look at the whole Land Question and decide
how we plan to address that. If we continue to allow the
government's devolution agenda to unfold, then we will be
digging ourselves into a hole that will be far too deep for our
future generations to ever escape.
The Union of B.C. Indian Chiefs has been mandated
since 1969 to never let this happen. Twelve years ago,
following the Indian Constitution Express to Ottawa and
another to Europe, our late Grand Chief and President, George
Manuel, proposed the establishment of a Provisional
Indigenous Government in Canada. Perhaps the time was not
right then because his dream was not acted on. Since that time,
the need has grown for our peoples to establish and formalize
our own Indigenous Government with sovereign jurisdiction
and law-making and enforcement powers. Our people have
become increasingly restless under the present system. As
nations, we have outgrown our political organizations as they
presently exist. Our peoples are ready to act and to form a
confederated government of Indian nations. Our Elders, whom
we rely on for their experience, wisdom, clear thinking and
vision, are saying the time has come to exercise our
sovereignty.
Today, I inform you that the Union of B.C. Indian
Chiefs has been directed to establish a Provisional Confederacy
Government in British Columbia. We will begin a round of
continued page 4

Page 2

JUNE/JULY 1992

LEGAL UPDATE
Intervention on Delgamuukw vs The Queen
The Delgamuukw appeal has been one of the largest
appeals ever before the B.C. Court of Appeal. There were
numerous pre-hearing conferences at which issues of
procedure, use of references, order of speaking, etc. were
discussed and resolved. I appeared on behalf of the Union at
almost all conferences. These conferences were very helpful,
not only to resolve issues, but also to get to know all of the
other counsel involved and their perspectives and positions.
All of the parties agreed to a schedule for the filing of
their factums and other materials. It was a pretty rigorous
schedule. Nancy Sandy and Steve Point wrote the Union's
factum. They did an excellent job of setting out the Union's
position.
We were proceeding on schedule until the Province
changed counsel. The Province requested an adjournment to
the Fall, so that the new counsel could prepare and so that
certain issues could be subject to negotiation, rather than
forming part of the appeal. The adjournment was not granted,
but the commencement of the appeal was delayed by about a
month. Several other parties had been added as Intervenors by
this time.
With your assistance Steve Point, Renee Taylor and I
prepared for our oral arguments. We read numerous volumes
of factums, revised factums, appeal books and other
documents. I hope you agree that we prepared our arguments
with energy and commitment. I have great admiration and
respect for both of my colleagues.
When the appeal actually commenced on May 4,1992, I
noted that all of the Justices and all counsel were anxious to get
on with the appeal. The Courtroom was set up with computers

and big screens so that everyone could easily see references to
transcripts and other materials. These "high tech" aids were
just the setting for a very human drama that would unfold over
the next weeks.
On May 4,1 appeared on behalf of the Union and
advised the Justices that I would be assisted in argument by
Steven Point and Renee Taylor.
On May 27, Steve, Renee and myself appeared to
present the Union's arguments to the Court. Steve commenced
his argument by raising the issues of bias and morality in
reference to Part A of the Union's factum. The Justices
initially did not want Steve to argue these issues as they
thought the issues fell outside the boundaries of the appeal.
Steve responded thoughtfully to the Justices and they allowed
him to continue. I think that Steve's arguments were the most
moving of all arguments made. Renee argued the issues of
aboriginal title and rights in the context of Part B of the
Union's factum. I also raised the remedies that the Union
seeks.
The appeal concluded on Friday, June 26. A decision
from the Court of Appeal is not expected for several months.
Your legal team received valuable assistance from
Louise Mandell, Peter Grant, Stuart Rush and Michael Jackson.
Also, Halie worked very hard to ensure that we had copies of
various factums, appeal books, documents and correspondence.
I want to thank the Union for showing its support for
native lawyers. It is important that native lawyers speak for
native clients. We speak from our hearts.
Yours very truly,
Marion R. Buller

CALL TO ALL CITIZENS OF
SOVEREIGN INDIGENOUS NATIONS
2ND SPECIAL ASSEMBLY
on the establishment of a

PROVISIONAL GOVERNMENT
JULY 22, 23, 1992
St. Mary's Centre, Mission, B.C.
For information contact: Union of B.C. Indian Chiefs
Phone:684-0231; Fax:684-5726

JUNE/JULY 1992

Page 3

Saul Terry to Ovide Mercredi: Consequences for sovereignty
and nationhood in Canada's constitutional reform package
May 28, 1992
Dear National Chief:
Further to your F A X today, I strongly urge you to take a
step back and consider the serious negative consequences for
the nationhood and sovereignty of our respective peoples that
would follow from the tentative agreement you have reached
on entrenching the inherent right to self-government in Canada's constitution.
In my view, our sovereign nations should not be
participating in the "reform" of the constitution of another
country, unless and until our nations have re-established thenown governments based on their own constitutions and have
entered into treaties with Canada that define the nation-tonation relationship that will exist between us. Therefore, it
seems to me that in the haste to reach agreement on recognition
of our inherent right of self-government, the AFN is losing
sight of the real political objective of our peoples: re-establishing and securing our nationhood, now and for the future
generations. We do not need Canada's permission to do this.
So, I think that the cart is being placed before the horse and
our sovereignty and nationhood are being endangered in the
process.
Considered from the standpoint of nationhood, I have
several comments on the conditions tentatively agreed to that
would affect the justiciability of the inherent right (outlined on
page 2 of your letter).
1) I do not believe that the question of approval or
ratification of any agreement has been fully discussed or
resolved by the AFN. It is my view that the people must be
consulted directly and must give their full and informed
consent. I do not believe it is wise or proper to have chiefs
elected under the Indian Act decide alone upon an issue of this
magnitude.
2) The condition that the federal government would not
amend the Indian Act during the 3 year period is important. It
is, however, equally important that the federal government
also agree to refrain from introducing alternative "governance"
legislation, as is being promoted by the DIA and the "Chiefs
Governance Working Group," and suspend its pursuit of
community-based self-government agreements — all of which
are based on devolution and undermines the recognition and
exercise of our inherent rights and jurisdiction.
3) Further to (2) above, it is imperative that treatymaking and treaty renovation be specified as the primary
"political accords" required for accommodating our nations'
sovereign jurisdiction within Canada. If this is not done, I
believe our "inherent right" will end up signifying nothing as
far as our sovereignty and nationhood are concerned. We will
end up being third in the order of "Canadian governments."
The reality of our sovereignty and nationhood will have been
extinguished, not merely circumscribed.
Page 4

I raise this matter because Joe Clark has stated publicly
that the "accords" contemplated would definitely not be
treaties. He was most emphatic on this point. So I see grave
danger here for our sovereignty and our nationhood. How can
we be recognized "within Canada" and at the same time
maintain a nation-to-nation relationship with Canada? The
only way is by treaty. Indeed, I submit that the only proper
way to arrange for the exercise of our nations' inherent jurisdiction, "within Canada" or without, is through the treaty-making
process. To agree to negotiate lesser types of "political accords" demeans, denies and ultimately will destroy our status
as nations in the world community.
Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry, President
P R E S I D E N T S M E S S A G E Continued from page 2
discussions with Indian nations at home on the formulation of a
Provisional Government, which will lead us to the Confederacy
of Sovereign Indigenous Nations. What this really means is
that we are establishing an indigenous country within the
borders of British Columbia and Canada. This direction was
given to the Union of B.C. Indian Chiefs by its Executive, the
Chiefs Council. At the historic meeting, 60% of the Indian
population of B.C. were represented by your Chiefs. These
leaders were not satisfied with the kind of responses they were
receiving from the federal and provincial Crown in regards to
how our business was to be handled. Chiefs Council directed
the work to be completed in six months and today, I am happy
to inform you that the first step on this path will be discussed at
a Special Assembly on April 28 - 30, 1992.
A Provisional Government is an interim government
which is set up temporarily to run the affairs of our people ~ to
protect our people, our lands, and to improve the manner in
which our people are served. If you are talking about holistic
health, that is the ultimate in addressing the question: a
government to protect our people and the lands of our people.
It is our people and their decision making process. If we want
change, it has to be put forward by the people.
The power of the people has to prevent further erosion
of our rights. The fact is there is a low level war going on in
this country between Indian peoples and the governments of
Canada. The resistance continues and our people are getting
very concerned.
You are welcome to attend the Special Assembly. After
that, the proposed Provisional Indian Government Constitution
will go to the people in their respective territories. The
foundation has been formed for us and built over the years and
now, we are prepared to set up our own House of the Peoples.
The time for organizations and task forces has ended:
the Era of Indigenous Government has begun.
JUNE/JULY 1992

Education Update
The Union of B . C . Indian Chiefs has been meeting as a
Steering Committee on Indigenous Education since September 4,
1991 to address the Master Tuition Agreement and Post Secondary
Education Funding caps and cuts.
The band education workers, members and leaders who
have been attending these meetings have taken the position that
First Nations must have control of the education of their children.
They also maintain the position that Indian Affairs must carry out
its fiduciary responsibility to the aboriginal people by providing
full funding to all post secondary education students that qualify.
The U.B.C.I.C, has developed a Master Tuition Agreement
and another based on a nation-to-nation agreement. What has to
happen with these two proposals is for chiefs and councils and
education workers to meet with their people and go over both
agreements. The people then may give their informed consent on
how they wish their education funding to be handled. If Indian
bands make changes to the Agreement, they should be forwarded
to the U.B.C.I.C, so we can prepare the agreement for final draft.
The Department of Indian Affairs in B . C . Region issued a

press package on Post Secondary Education Funding and the
Master Tuition Agreement in April, 1992. Some Bands are asking
why they were not sent these packages when a new funding
formula called the "Population-Based Formula" is being introduced.
It is reprehensible that the Department would use these kinds of
tactics when every band has the responsibility to assure that their
eligible students receive funding this year.
When did Indian Affairs decide to notify the media of their
policy before notifying the bands to this effect? Regardless of
whether the First Nations Summit rejected the formula, the story
is Indian Affairs is not interested in a Master Tuition Agreement
and wants to approach post-secondary funding with a band by band
population-based formula.
We have to impress upon the Director General of B . C . that
we are not responsible for bailing them out of a deficit situation but
that Indian Affairs has to meet the needs o f our people. The
education of our people is our business and not for the government
to plead poverty and disregard the rights of our children to
education.

THE UNION OF B.C. INDIAN CHIEFS
CONGRATULATES

ALL

1992 FIRST NATIONS

GRADS!!!

UNION OF B.C. INDIAN CHIEFS
SUBSCRIPTION FORM
NAME:

FOR OFFICE USE ONLY

ADDRESS:

DATE RECEIVED: _____
CHEQ/M.O.#: __________
EXPIRY DATE:

PROVINCE/STATE:

POSTAL/ZIP C O D E :

1 YEAR SUBSCRIPTION
NEWSLETTER

MEMBER B A N D S :

$25.00

INDIVIDUALS:

NEWSCLIPPING

MEMBER B A N D S :

$75.00

INDIVIDUALS: $100.00

TOTAL A M O U N T ENCLOSED

$35.00

$____________________________________

Please make cheque or money order payable in Canadian funds to:
U N I O N O F B.C. INDIAN CHIEFS,
100-73 Water Street, Vancouver, B.C., V6B 1A1

JUNE/JULY 1992

Page 5

CHIEFS MASK

BOOKSTORE

73 Water Street
Vancouver, B.C., CANADA V6B 1A1
Telephone: (604) 687-4100
Fax: (604) 684-5726

We
presently
Native Titles
mail
orders
Call, order or

c a r r y 700
and we do
world-wide!
w r i t e today.

An Indian owned and operated Indian Bookstore.
A non-profit organization owned by
the Union of B.C. Indian Chiefs.

Union of B.C. Indian Chiefs

NEWSLETTER

JUNENULY 1992

Self-government in our hands, not Canada’s
“Meech II” sets stage for 2nd Provisional Government conference

July 22-23, 1992 has been set by the Union of B.C. Indian Chiefs as the date for a second Special
Peoples’ Assembly to establish the provisional government for a Confederacy of Sovereign Aboriginal

Nations in British Columbia.

The Assembly will be held at St. Mary’s Centre,
Mission, B.C., which was the site of the first
provisional government Special Assembly in April.
At the first conference, over two hundred delegates
adopted in-principle a draft constitution for the
provisional Confederacy government.

The second provisional government Special
Assembly will review and incorporate input from the
people in our communities into a revised draft of the
Confederacy. constitution (Draft #6) and will discuss
strategies for building the Confederacy and
implementing self-government by the end of the year.

The conference in July will occur one week
after the federal government ‘‘rolls the dice’’ again
on Canada’s constitution and tables its reform
package in Parliament. Prime Minister Brian
Mulroney has already stated that the federal package
of constitutional amendments will require aboriginal
peoples to make more compromises and agree to
restrictions on their inherent right to self-government
-- something which the Union of B.C. Indian Chiefs
and the Assembly of First Nations strongly oppose.

**T think that what is happening with Canada’s
constitution only goes to show that it is really up to
us, the indigenous peoples of this land, to take the
actions that will make self-government a reality. The
responsibility is ours and ours alone,’’ Chief Saul
Terry stated. ‘“We do not need permission from
Canada or the provinces. We do not need to be in
their constitution. We just have to get to work and
build our nation governments and our Confederacy
government and move on towards the objective of
nationhood. Decolonization begins at home, not in
Ottawa.”’

Chief Terry added that ‘‘the Prime Minister is
going to do everything in his power to dictate the
terms of self-government to us but I think this will

back-fire, just like Meech Lake in 1990. Only this
time we have to act to protect our rights, not just
react. We have to put our own constitutions and
governments in place in our respective territories at
the same time that we oppose the federal
government’s constitutional package. I think what is
happening in Ottawa will give a big boost to the
provisional Confederacy government now being
initiated. I am looking forward to continuing the
work at the Special Assembly on July 22-23.”’

SPECIAL EDITION

IN THIS ISSUE

Message from the President

Delgamuukw Update __ ip. 3

Constitution Package —____.. p. 4

Education Update __ op. 5

JUNE/JULY 1992

Page I

MESSAGE FROM THE PRESIDENT:
Speech to the U.B.C.I.C. Power of Indian Health Conference, March, 1992

e try to address many of
Wie difficulties we encounter
as directly as we can. In 1977, the
Union of B.C. Indian Chiefs made a
statement that we should try to
couple the traditional ways of our
people with contemporary scientific
knowledge in the fields of fisheries,
agriculture, and health. One must
tt address the question of our

seats involvement with health in terms of
what is best for our people who have immediate needs not only
in health but in all other services both at home and in urban
areas. As we encounter difficulties with the federal and
provincial Crown, we have to think of ways to address these
problems.

This brings me to the statement I want to make today.

In the past we have gone directly to the people to discuss ideas
on how we should address the difficulties we face. We did that
previous to 1980 when the Aboriginal Title and Rights Position
Paper was adopted. We went from community to community
and now it is time to do that again and go to the people.
Yesterday I asked if you were happy with the situation that
exists with health services. I think the answer is - no we are not
- so the question is : what can we do about it?

The Union of B.C. Indian Chiefs has a vision for
substantive change that reflects Indian self-government,
something we have been talking about for ten years. Iam
thinking of our government more in line as nations rather than
bands. As professionals working to improve the health of our
peoples, we expect the Canadian government to deal with the
every day realities. It is inadequate night now in Canada
because you, as health workers, confront the limitation of the
government’s alternative funding and transfer programs.
Meanwhile, our people continue to suffer unacceptable levels
of physical, psychological, and spiritual illnesses that are a
direct result of the colonial disempowerment of our
communities. These new devolution programs - as I think you
have discovered - are not really about Indian self-government
at all. They have nothing to do with the real empowerment of
our people and nothing to do with significantly improving the
health of our people. What drives these programs is the
government’s desire to reduce its costs and responsibility for
health care delivery to our peoples. I am sure that many of you
have discovered that these programs have shifted the burden of
responsibility from the shoulders of the government onto yours
and to ours. This is occurring without sufficient resources and
authority over health programs to make a real difference in the
health of our peoples.

The best, brightest, and most dedicated health workers
are forced to become administrators of our peoples’ poverty
and illness. You have become slaves for the government

"The power of the people has to
prevent further erosion of our
rights"

No. In policing: through which we are trying to establish
peace and order in our communities - the Government of
Canada is dictating how that should occur. In lands
management: the imposition of the federal and provincial
Crown statutes are creeping into our jurisdictional areas. Look
at the forestry sector! and the fisheries! We have made efforts
to protect our gravesites - our spiritual and sacred sites. The
Provincial Government dictates that we have no business in
those places.

We must look at the whole Land Question and decide
how we plan to address that. If we continue to allow the
government’s devolution agenda to unfold, then we will be
digging ourselves into a hole that will be far too deep for our
future generations to ever escape.

The Union of B.C, Indian Chiefs has been mandated
since 1969 to never let this happen. Twelve years ago,
following the Indian Constitution Express to Ottawa and
another to Europe, our late Grand Chief and President, George
Manuel, proposed the establishment of a Provisional
Indigenous Government in Canada. Perhaps the time was not
right then because his dream was not acted on. Since that time,
the need has grown for our peoples to establish and formalize
our own Indigenous Government with sovereign jurisdiction
and law-making and enforcement powers. Our people have
become increasingly restless under the present system. As
nations, we have outgrown our political organizations as they
presently exist. Our peoples are ready to act and to form a
confederated government of Indian nations. Our Elders, whom
we rely on for their experience, wisdom, clear thinking and
vision, are saying the time has come to exercise our
sovereignty.

Today, I inform you that the Union of B.C. Indian
Chiefs has been directed to establish a Provisional Confederacy
Government in British Columbia. We will begin a round of

continued page 4

Page 2

JUNE/JULY 1992

LEGAL UPDATE

Int ntion on Delgamuukw vs The Queen

The Delgamuukw appeal has been one of the largest
appeals ever before the B.C. Court of Appeal. There were
numerous pre-hearing conferences at which issues of
procedure, use of references, order of speaking, etc. were
discussed and resolved. I appeared on behalf of the Union at
almost all conferences. These conferences were very helpful,
not only to resolve issues, but also to get to know all of the
other counsel involved and their perspectives and positions.

All of the parties agreed to a schedule for the filing of
their factums and other materials. It was a pretty rigorous
schedule. Nancy Sandy and Steve Point wrote the Union’s
factum. They did an excellent job of setting out the Union’s
position.

We were proceeding on schedule until the Province
changed counsel. The Province requested an adjournment to
the Fall, so that the new counsel could prepare and so that
certain issues could be subject to negotiation, rather than
forming part of the appeal. The adjournment was not granted,
but the commencement of the appeal was delayed by about a
month. Several other parties had been added as Intervenors by
this time.

With your assistance Steve Point, Renee Taylor and I
prepared for our oral arguments. We read numerous volumes
of factums, revised factums, appeal books and other
documents. I hope you agree that we prepared our arguments
with energy and commitment. I have great admiration and
respect for both of my colleagues.

When the appeal actually commenced on May 4, 1992, I
noted that all of the Justices and all counsel were anxious to get
on with the appeal. The Courtroom was set up with computers

and big screens so that everyone could easily see references to
transcripts and other materials. These ‘‘high tech’’ aids were
just the setting for a very human drama that would unfold over
the next weeks.

On May 4, I appeared on behalf of the Union and
advised the Justices that I would be assisted in argument by
Steven Point and Renee Taylor.

On May 27, Steve, Renee and myself appeared to
present the Union’s arguments to the Court. Steve commenced
his argument by raising the issues of bias and morality in
reference to Part A of the Union’s factum. The Justices
initially did not want Steve to argue these issues as they
thought the issues fell outside the boundaries of the appeal.
Steve responded thoughtfully to the Justices and they allowed
him to continue. I think that Steve’s arguments were the most
moving of all arguments made. Renee argued the issues of
aboriginal title and rights in the context of Part B of the
Union’s factum. I also raised the remedies that the Union
seeks.

The appeal concluded on Friday, June 26. A decision
from the Court of Appeal is not expected for several months.

Your legal team received valuable assistance from
Louise Mandell, Peter Grant, Stuart Rush and Michael Jackson.
Also, Halie worked very hard to ensure that we had copies of
various factums, appeal books, documents and correspondence.

I want to thank the Union for showing its support for
native lawyers. It is important that native lawyers speak for
native clients. We speak from our hearts. 6

Yours very truly,
Marion R. Buller

For information contact:

CALL TO ALL CITIZENS OF
SOVEREIGN INDIGENOUS NATIONS

2ND SPECIAL ASSEMBLY

on the establishment of a

PROVISIONAL GOVERNMENT

JULY 22, 23, 1992
St. Mary’s Centre, Mission, B.C.

Union of B.C. Indian Chiefs
Phone: 684-0231; Fax: 684-5726

JUNE/JULY 1992

Page 3

Saul Terry to Ovide Mercredi: Consequences for sovereignty

and nationhood in Canada's constitutional reform package

May 28, 1992
Dear National Chief:

Further to your FAX today, I strongly urge you to take a
step back and consider the serious negative consequences for
the nationhood and sovereignty of our respective peoples that
would follow from the tentative agreement you have reached
on entrenching the inherent right to self-government in Cana-
da's constitution.

In my view, our sovereign nations should not be
participating in the "reform" of the constitution of another
country, unless and until our nations have re-established their
own governments based on their own constitutions and have
entered into treaties with Canada that define the nation-to-
nation relationship that will exist between us. Therefore, it
seems to me that in the haste to reach agreement on recognition
of our inherent right of self-government, the AFN is losing
sight of the real political objective of our peoples: re-establish-
ing and securing our nationhood, now and for the future
generations. We do not need Canada's permission to do this.
So, I think that the cart is being placed before the horse and
our sovereignty and nationhood are being endangered in the
process.

Considered from the standpoint of nationhood, I have
several comments on the conditions tentatively agreed to that
would affect the justiciability of the inherent right (outlined on
page 2 of your letter).

1) I do not believe that the question of approval or
ratification of any agreement has been fully discussed or
resolved by the AFN. It is my view that the people must be
consulted directly and must give their full and informed
consent. I do not believe it is wise or proper to have chiefs
elected under the Indian Act decide alone upon an issue of this
magnitude. '

2) The condition that the federal government would not
amend the Indian Act during the 3 year period is important. It
is, however, equally important that the federal government
also agree to refrain from introducing alternative "governance"
legislation, as is being promoted by the DIA and the "Chiefs
Governance Working Group," and suspend its pursuit of
community-based self-government agreements -- all of which
are based on devolution and undermines the recognition and
exercise of our inherent rights and jurisdiction.

3) Further to (2) above, it is imperative that treaty-
making and treaty renovation be specified as the primary
"political accords" required for accommodating our nations'
sovereign jurisdiction within Canada. If this is not done, I
believe our "inherent right" will end up signifying nothing as
far as our sovereignty and nationhood are concerned. We will
end up being third in the order of "Canadian governments."
The reality of our sovereignty and nationhood will have been
extinguished, not merely circumscribed.

Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry, President

PRESIDENTS MESSAGE Continued from page 2

discussions with Indian nations at home on the formulation of a
Provisional Government, which will lead us to the Confederacy
of Sovereign Indigenous Nations. What this really means is
that we are establishing an indigenous country within the
borders of British Columbia and Canada. This direction was
given to the Union of B.C. Indian Chiefs by its Executive, the
Chiefs Council. At the historic meeting, 60% of the Indian
population of B.C. were represented by your Chiefs. These
leaders were not satisfied with the kind of responses they were
receiving from the federal and provincial Crown in regards to
how our business was to be handled. Chiefs Council directed
the work to be completed in six months and today, I am happy
to inform you that the first step on this path will be discussed at
a Special Assembly on April 28 - 30, 1992.

A Provisional Government is an interim government
which is set up temporarily to run the affairs of our people -- to
protect our people, our lands, and to improve the manner in
which our people are served. If you are talking about holistic
health, that is the ultimate in addressing the question: a
government to protect our people and the lands of our people.
It is our people and their decision making process. If we want
change, it has to be put forward by the people.

The power of the people has to prevent further erosion
of our rights. The fact is there is a low level war going on in
this country between Indian peoples and the governments of
Canada. The resistance continues and our people are getting
very concerned.

You are welcome to attend the Special Assembly. After
that, the proposed Provisional Indian Government Constitution
will go to the people in their respective territories. The
foundation has been formed for us and built over the years and
now, we are prepared to set up our own House of the Peoples.

Page 4

JUNE/JULY 1992

Education Update

The Union of B.C. Indian Chiefs has been meeting as a
Steering Committee on Indigenous Education since September 4,
1991 to address the Master Tuition Agreement and Post Secondary
Education Funding caps and cuts.

The band education workers, members and leaders who
have been attending these meetings have taken the position that
First Nations must have control of the education of their children.
They also maintain the position that Indian Affairs must carry out
its fiduciary responsibility to the aboriginal people by providing
full funding to all post secondary education students that qualify.

The U.B.C.I.C. has developed a Master Tuition Agreement
and another based on a nation-to-nation agreement. What has to
happen with these two proposals is for chiefs and councils and
education workers to meet with their people and go over both
agreements. The people then may give their informed consent on
how they wish their education funding to be handled. If Indian
bands make changes to the Agreement, they should be forwarded
to the U.B.C.I.C. so we can prepare the agreement for final draft.

The Department of Indian Affairs in B.C. Region issued a

press package on Post Secondary Education Funding and the
Master Tuition Agreement in April, 1992, Some Bands are asking
why they were not sent these packages when a new funding
formula called the "Population-Based Formula" is being introduced.
It is reprehensible that the Department would use these kinds of
tactics when every band has the responsibility to assure that their
eligible students receive funding this year.

When did Indian Affairs decide to notify the media of their
policy before notifying the bands to this effect? Regardless of
whether the First Nations Summit rejected the formula, the story
is Indian Affairs is not interested in a Master Tuition Agreement
and wants to approach post-secondary funding with a band by band
population-based formula.

We have to impress upon the Director General of B.C. that
we are not responsible for bailing them out ofa deficit situation but
that Indian Affairs has to meet the needs of our people. The
education of our people is our business and not for the government
to plead poverty and disregard the rights of our children to
education. ©

THE UNION OF B.C. INDIAN CHIEFS
CONGRATULATES

ALL 1992 FIRST NATIONS GRADS!!!

UNION OF B.C. INDIAN CHIEFS
SUBSCRIPTION FORM

NAME: FOR OFFICE USE ONLY

DATE RECEIVED:
ADDRESS: CHEQ/M.O.#:

EXPIRY DATE:
PROVINCE/STATE: POSTAL/ZIP CODE:

| YEAR SUBSCRIPTION

NEWSLETTER MEMBERBANDS: $25.00 INDIVIDUALS: $35.00
NEWSCLIPPING MEMBER BANDS: $75.00 INDIVIDUALS: $100.00

TOTAL AMOUNT ENCLOSED $§

Please make cheque or money order payable in Canadian funds to:

UNION OF B.C. INDIAN CHIEFS,

100-73 Water Street, Vancouver, B.C., V6B IAI

JUNE/JULY 1992

Page 5

CHIEFS MASK BOOKSTORE

73 Water Street
Vancouver, B.C., CANADA V6B I1A1
Telephone: (604) 687-4100 Fax: (604) 684-5726

carry 700

and we do
world-wide!
write today.

We presently
Native Titles
mail orders
Call, order or

An Indian owned and operated Indian Bookstore.
A non-profit organization owned by
the Union of B.C. Indian Chiefs.

SHYOLSHOOS HSVW SASIHO

Pace i Pe ee ee ee

Files

Cancel

Union of BC Indian Chiefs Historic Newsletters