Periodical
Union of B.C. Indian Chiefs Newsletter (July/August 1993)
- Title
- Union of B.C. Indian Chiefs Newsletter (July/August 1993)
- Is Part Of
- 1.06-01.08 Union of BC Indian Chiefs Newsletter
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- July 1993
- Language
- english
- Identifier
- 1.06-01.08-04.02
- pages
- 8
- Table Of Contents
-
IN THIS ISSUE
Message from the President............p. 2
Education Update...............................p. 3
Joint Policy Council...........................p. 4
Resource Center Update................p. 6
Announcements ................................p. 7 - Contributor
- Chief Saul Terry
- Rhonda Johnson
- Wendy Ancell
- Type
- periodical
- Transcription (Hover to view)
-
Union of B.C. Indian Chiefs
NEWSLETTER
JULY/AUGUST 1993
U.B.C.I.C. AND PROVINCE ESTABLISH
JOINT POLICY COUNCIL
The Union of B. C. Indian Chiefs and the Government of Canada signed a Memorandum of
Understanding on June 11,1993 establishing a government-to-government relationship and a Joint Polic
Council
Following a signing ceremony and
introductory speeches at the Vancouver Trade and
Convention Centre, Chiefs and B.C. cabinet ministers began
thefirstsubstantive session of the new Council.
The UBCIC - B.C. Cabinet Joint Policy Council
will address a wide range of provincial policy issues
affecting First Nations' rights and interests, such as First
Nation heritage protection, highway expropriations,
education funding, child welfare and implementation
of First Nation jurisdiction within the scope of their
inherent right of self-determination.
At the signing ceremony, Chief Saul Terry,
President of the Union, stated: "while our Nations
intend to deal with jurisdictional matters and treatymaking on a nation-to-nation basis with Canada, the
Union of B.C. Indian Chiefs welcomes the opportunity
to address broad policy issues with the Provincial
Government on a government-to-government basis.
The discussions we are beginning today with the
Province will focus on provincial policies which are
affecting First Nations' inherent aboriginal and treaty
rights. The Joint Policy Council is an opportunity to
deal with the B.C. Cabinet cooperatively on a range of
such issues. The Union will continue to press the
Federal Government for a nation-to-nation alternative
to the B.C. Treaty Commission process. The Union's
discussions with the Province will not in any way
JULY/AUGUST 1993
undermine First Nations' bilateral nation-to-nation
relationship with Canada or with the Federal
Government'sfiduciaryobligations to our peoples.
This is clearly stated in the Memorandum of
Understanding."
SPECIAL EDITION
IN THIS ISSUE
Message from the President
p. 2
Education Update
p. 3
Joint Policy Council
p. 4
Resource Center Update
p. 6
Announcements
p. 7
Page 1
MESSAGE FROM THE PRESIDENT:
For generations, as Indian Nations,
we have been forced to tolerate
human rights violations. We have been
subjected to settler governments' denial
that we are distinct Peoples, having
identifiable geographic homelands. We
have been humiliated, forced into a
world of dependence and poverty. Our
social and economic realities were
debased, our culture made the subject of
toyland lore, the symbols of our spirituality burned on fire heaps of
so called paganism.
For generations, our forefathers were outlawed from dealing
directly with these transgressions. Because of this, the fight was
taken underground until 1951, when the laws were once again
changed. The issue of the land and our peoples rights once more
could be addressed in lawful assemblies. After 67 years, the
Potlatch reemerged from underground. So too, after 34 years, the
outstanding land question was once more on the public agenda.
Since 1951, our people have successfully raised the issue of
decolonization. In response to the 1969 WHITE P A P E R , the
Brown Paper was presented i n 1972. In 1973, the Calder case
moved the federal government to develop policy to deal with
comprehensive and specific claims on their terms. In 1975, the
rejection of funds began the administrative devolution of
responsibility for Indians, although what we are seeking is not
devolution but the empowerment (the unshackling) of our Peoples
based on our inherent rights. The Declaration of the Union of B . C.
Indian Chiefs in 1976 laid the foundation for the Aboriginal Rights
Position Paper, which was accepted i n principle i n 1979 and
formally adopted i n assembly i n 1980. It remains the political
foundation of the Union to this day.
Without our Peoples input into the Aboriginal Rights
Position Paper and their political action to back it up through the
Constitution Express, there may not have been any section 25 or 3 5
to recognize our Peoples and our rights in the Canadian Constitution.
Our continued dissatisfaction with federal policy brought about the
Penner Report on Self-Government (1983), which for all intents
and purposes was shelved by the Conservative Government when
it came to power i n 1984.
In its place, arising out of the Neilson Task Force Report,
was the Buffalo Jump Policy of the 1980's. This is the Conservative
Government's version of the 1969 White Paper Policy. The Buffalo
Jump Policies continue to be implemented today. We need only
look at the Tory Government' s recent sinister and macabre legislative
initiatives, such as the Indian Monies Act and Chartered Land Act.
and the new Indian taxation policies being pursued by the Mulroney
(alias, the K i m Campbell) government.
In the midst of this, as a breath of fresh air, an N.D.P.
government was elected to parliament i n Victoria. Although this
government is politically saddled with previous government policies
and legal arguments, they expressed the will to recognize our
Peoples and all that comes with that.
Page 2
Here then an opportunity presented itself. We did not have
to abandon our principles i n order to sit down with a settler
government to discuss policy issues of mutual concern. The
moment of opportunity had to be seized.
And so it was that between early January of 1993 and June
11th, 1993, serious negotiations and discussions were had between
myself, Chiefs Council and the Ministry of Aboriginal Affairs.
These discussions culminated on June 11th, when six agenda items
were recommended by the B . C . Cabinet and Chiefs Council for
further deliberations. These are:
1) Principles of Treaty Making
2) Heritage Protection
3) Child Welfare & Social Services
4) Order-in-Council 1036
5) Education
6) George Manuel Institute of Indian Government
7) Policing and Justice Issues
(put forward on July 20 by Chiefs Council as an additional
agenda item)
Other agenda items can be brought forward but the above
were priorities as decided by Chiefs from the different nations. A
Joint Policy Council was established on June 11 to try to reach
government-to-government agreements on these issues.
In the Joint Policy Council process we are dealing with
policy issues which have plagued our people for many years. It
should be clearly understood that we are doing this without
compromising the aboriginal and treaty rights of our Peoples. The
constitutional and fiduciary obligation still rests clearly with the
federal crown. Nation-to-Nation treaty making is with the federal
government based on the principles of self-determination. A l l our
discussions with the Province are without prejudice to these
fundamental principles.
Since the signing of the Memorandum of Understanding on
June 11th, we have successfully protected our jurisdiction by
having the B . C . Government drop all sections i n its proposed
heritage protection legislation that more appropriately belong to
our nations' governments. The positive work will continue in this
and other areas. This means, however, that we must prepare
ourselves to operate as the governments that we are — to enact our
own laws, develop our own policies and work out the means of
implementation and enforcement. It will not be easy to carry out
these tasks but they are necessary i f we are serious about being selfdetermining Peoples.
The final proof of success i n the Joint Policy Council
process, however, will bejudged by actual results. Where you have
a government-to-government process where the parties express
positive political wills, we expect to be successful. Our people
deserve better than the politically repressive and morally debasing
policies which have been for too long imposed upon them.
Continued Page 6
JULY/AUGUST 1993
EDUCATION UPDATE
The Union of B. C. Indian Chiefs held an Education Meeting
on the 15 & 16 of June, 1993. The following suggestions were put
forward by the meeting participants as Action.
Post - Secondary:
1. Maintain our Nation to Nation relationship position
with the Crown.
2. Find other ways to get something done than just dealing
with DIA.
3. Become the authority (Take over authority from DIA) develop your own policies - get membership involved - Act,
don't wait to react - develop short and long term plans for
an overall strategy of achieving Nationhood of which
education is a part.
4. Continue to press for 100% post-secondary funding based
on expressed needs.
5. Develop an information circular to be attached to the
cheques that are being mailed out, informing post secondary
students of the D I A policy and the problems facing bands
that are administering available funds.
6. Set up and run healing circles and counselling for students
to help them deal with racism that happens inside the
schools and educational institutions.
7. Let parents, elders and community members know they
are important and have a right to be involved. Encourage
this involvement.
8. Do not support Local Education Agreements. Even if you
currently have one i n place, continue to work towards a
Nation to Nation relationship.
9. Facilitate information sessions (locally, regionally,
provincially) for post-secondary students and provide
assistance in building the information network that they are
presently setting up.
10. Send out letters to politicians on strategies that you are
considering i f no action is taken by Non-Aboriginal
governments to correct the situation.
JULY/AUGUST 1993
July 14.1993 Meeting with DIA:
The following is a briefing given by Jim Fleury & John Ellis
on decisions that have been made with respect to Post Secondary
Allocations for 93-94.
In March of 1993 three options were put forth by the First Nations
Education Steering Committee and the Department. First Nations
of B . C . were to determine which of the three options they would
consider for the 93-94 allocations. The F.N.E.S.C. was responsible
for ensuring that all First Nations were consulted about this matter.
The F.N.E.S.C. was then to go forward and recommend a option
based on the consensus of First Nations of B . C . This did not
happen. The F.N.E.S.C. stated to the department that Education
was a right therefor they could not be seen to endorse an option. The
Summit then asked the Department to make a decision. The
department then decided on option three.
The department indicated that a letter has been sent out to First
Nations Chiefs & Councils, Tribal Councils, and Education
Administration Centers. This letter is i n regard to the 93-94 PostSecondary Allocations. A print out of 1993-1994 Post Secondary
Allocations is also included i n this package.
The Union of B. C. Indian Chiefs does not agree with the departments
method of determining a so called fair base for the 1993-1994 PSE
Allocation. We have drafted a letter to the department indicating
that we i n no way agree with the approach that they have taken on
behalf of all First Nations of B . C .
Bilateral
Agreement:
(See Joint Policy Update regarding the Bilateral Agreement)
With this we wish to thank all the people who participated in the
Education Meeting and those that kept us informed with respect to
Education Issues. Your participation and support is greatley
appriciated. Feel free to contact us if we could be of any assistance
to you.
A reminder to all First Nations to send us any information you may
have about students who have been affected by the cut-backs. It is
essential that we continue to develop and maintain this data base.
Page 3
UPDATE O N JOINT P O L I C Y C O U N C I L
As many of you have already been made aware, on June 11,
1993, the executive of the Union of British Columbia Indian
Chiefs signed a memorandum of Understanding (M.O.U.) with
the provincial government. This M.O.U. established a Joint
Policy Council (JPC) to address a wide range of provincial
policy issues affecting First Nations' rights and interests and to
undertake a government-to-government approach to resolving
interferences with Aboriginal and Treaty rights of First Nations
by the Provincial government. The U.B.C.I.C. views the
process as an opportunity to build an ' 'exit door'' for the
Provincial government to enable First Nation exercise of
inherent jurisdiction over its lands, resources and citizens. The
M.O.U. ensures that any discussions with the Province will not
in any way undermine First Nations' bilateral Nation-to-Nation
relationship with Canada or with the Federal governments
fiduciary obligations to First Nation peoples.
WHAT IS THE STRUCTURE AND PROCESS?
The Joint Policy Council is comprised of members of the
U.B.C.I.C. Chiefs Council and members of the Provincial
Government Cabinet. The JPC will meet up to three times a
year to:
a)
identify issues and approve or reject agenda
items between the Parties;
b)
direct and coordinate discussions and
negotiations between the Parties;
c)
negotiate government to government political
accords and protocols on a wide range of policy
issues; and
d)
provide direction to the Senior Officials Technical
Group.
The Senior Officials Technical Group is comprised of
U.B.C.I.C. senior technicians and provincial Deputy Ministers.
This group will meet at often as necessary to:
a)
b)
c)
d)
e)
recommend agenda items to the JPC;
undertake technical analysis, research and
development activities to further the objectives
of the JPC;
prepare policy papers on specific agenda items
as directed by the JPC;
prepare options and set out recommendations
for the resolution of policy issues between the
Parties; and
establish small working committees as required,
by mutual agreement of the Parties.
A first meeting of the Chiefs with the Provincial Premier and
the Cabinet resulted in the passage of resolutions to begin the
work necessary to meet the objectives of an initial 6 agenda
items. These agenda items were narrowed down on a priority
basis from a larger list of issues developed between both parties.
The remaining issues are available as items for placement on
the agenda of the JPC at any time throughout the process as
Page 4
determined by the priorities of the parties. Since that meeting,
the Senior Officials Technical Group has met once to determine
the overall workplan for the first 6 agenda items.
WHAT A R E T H E INITIAL AGENDA ITEMS?
The following sets out the objectives of the first 6 agenda items
along with an update on workplans to date.
1. FUNDAMENTAL
PRINCIPLES OF TREATY MAKING
Objective:
The Joint Policy Council shall endeavour to
reach an agreement on fundamental principles
of treaty-making. The nature and scope of any
agreement reached by the Joint Policy Council
shall not derogate from the bilateral nation-tonation relationship between First Nations and
the Government of Canada, including the
constitutional authority of the government of
Canada to enter into treaties with First
Nations, or from the Government of Canada's
fiduciary obligations to the First Nations.
Update:
The first fundamental principle of treaty making deals with the
non-extinguishment of Aboriginal Title and Rights. The
U.B.C.I.C. position has always been that Aboriginal title and
rights are inalienable and shall not be extinguished through
treaty. This principle has been given top priority but has been
tabled to the August meeting of technicians for determination of
a workplan in order to allow time for both parties to complete
their analyses of the most recent Court of Appeal decision of
Delgamuukw et al v. the Queen.
The remaining 9 principles deal with First Nation inherent
jurisdiction, First Nation consent to limitations on their
jurisdiction, First Nation ownership of their territories, First
Nation economicrights,First Nation rights to compensation,
ownership and protection of burial areas and sacred sites,
consent to Treaties, living Treaties and Treaty interpretation.
These will be dealt with as they fall within the scope of the
following agenda items and following resolution of the
extinguishment issue.
2. FIRST NATION HERITAGE
PROTECTION
Objective:
Government to Government agreement providing for protection
of First Nation heritage sites and artifacts within the scope of
the inherent right of self-determination of First Nations.
Update:
The provincial government has tabled in the legislature a bill to
amend and strengthen heritage protection in British Columbia.
Continued page 5
JULY/AUGUST 1993
Continuedfrom page 4
5.
The bill contains a "non-derogation" clause and a provision
authorizing the Minister of Tourism and Culture to enter into
agreements with First Nations for protection of First Nation
heritage sites and objects. The U.B.C.I.C. position is that First
Nations own their heritage and have jurisdiction over it. Our
priority is to reach agreement with the provincial government
(and the Federal government, where required) that recognizes
First Nations' ownership and jurisdiction of their heritage and
sets out how the Province will assist First Nations in
implementing protection measures. A workplan is being
developed with December, 1993 as the target date for reaching
an agreement-in-principle.
final agreements drafted by January, 1994. In the interim, the
U.B.C.I.C, technicians will meet at a working committee level
with the Ministry of Education to discuss provincial public
education policy as it affects First Nation students.
CHILD WELFARE AND FAMILY SERVICES
Objective:
Government-to-Government agreement that:
1.
Protection and support services for First
Nations children and families are solely the
responsibility of First Nations acting within
the scope of their inherent right of selfdetermination; and
2.
Provincial jurisdiction will be withdrawn from
the field of child welfare and family services
as First Nation assume jurisdiction and
control in this area.
3. ORDER-1N-COUNCIL 1036
Objective:
Government-to-Government agreement setting out a fair and
timely process for the resolution of road issues as an alternative
to the expropriation provisions under Order-in-Council 1036.
Update:
Update:
The U.B.C.I.C. position has been to seek rescission of the
expropriation provisions of the Order-in-Council. The
Provincial Government agrees that these provisions are
draconian but wants something to rely on in situations where
negotiations break down. The U.B.C.I.C. has scheduled a road
issues conference for July 21 and 22 to solicit First Nations
input. The issues and concerns of the provincial government
will be available for this conference to consider. Following this,
the technicians will meet at a working committee level with the
Ministry of Highways to set out the workplan for coming up
with options and recommendations to reaching an agreement.
The provincial government plans on having comprehensive
legislation dealing with child and family services as well as
adoption proclaimed by the fall of 1994. A workplan and
process for the review of this legislation as well as an
assessment of the impact of the federal/provincial cost sharing
agreement will be developed by a working committee that is
expected to meet before the end of July.
6. GEORGE MANUEL INSTITUTE OF INDIAN
GOVERNMENT
Objective:
4. EDUCATION - FIRST NATION FUNDING
Objective:
Government-to-Government agreement for transferring Indian
education funding for Kindergarten to Grade 12 from the
federal government to First Nations and from First Nations to
the Province of British Columbia and/or local School Boards,
ensuring effective First Nation control of Indian education
funding within the scope of the inherent right of selfdetermination of First Nations.
Update:
The U.B.C.I.C. has always maintained that only Nation-toNation agreements with the Federal government can ensure
First Nation control over education. The Union has drafted and
circulated a draft Bilateral Agreement for this purpose. The
provincial government supports a bilateral/bilateral approach
and wishes to work with the U.B.C.I.C. to facilitate the
involvement of the federal government. Options for achieving
bilateral-bilateral agreements are expected by this October with
JULY/AUGUST 1993
Government-to-Government agreement to promote development
of the George Manuel Institute of Indian Government as a First
Nation-controlled post-secondary educational institution
focused on the development of leadership and administrative
skills required for implementation of First Nations' inherent
right of self-determination.
Update:
The establishment of a working committee to access funding
sources has been tabled until provincial policy parameters on
post-secondary institutions has been clarified. The technicians
will examine whether or not an Indian controlled institution
will fit within such a policy framework or whether other options
are available to establish such a post-secondary institution.
Rhonda Johnson
Page 5
RESOURCE C E N T R E UPDATE
A Challenge 93' grant has made it possible to hire a student
to help with several projects i n the Resource Centre over the
summer and the automation of the Resource Centre catalogue
using the I N M A G I C software is finally i n its early stages. If any
U B C I C member bands wish to purchase the I N M A G I C software
for records or library management, there is a 50% reduction in the
cost if it is ordered through us. Contact me i f you would like more
information.
The Resource Centre collection has become primarily a
research collection since I started, prompted by my concern over
400 books which were signed out over the years and never returned.
At an average replacement cost of $20 per item, this means that the
U B C I C has lost $8000.00 i n materials out of the collection. A s a
result, the collection will be bar coded during the automation
project to make it possible i n future to again loan out some items
from the collection and keep better control over their return. I
believe that bar coding the collection and bar coding borrower
cards in conjunction with a borrower deposit fee to be used against
replacement of unreturned books will alleviate many of the past
problems i n getting books back. Placing a limit on the number of
books a single borrower may have out at any one time will also be
necessary i n future.
Access to individuals other than U B C I C members has been
restricted over the summer to allow time for automation and other
projects. Access is still available Monday - Friday for U B C I C
members simply my identifying yourself as a member.
There are so many new publications around First Nations
topics that it is impossible to include more than a few key items
which maybe of special interest. If you require more information
about these publications or other sources of information please call
me.
1. The Royal Commission on Aboriginal Affairs. Verbatim
testimony from Round 1 and Round 2 comprised of 20,000 pages
of text is available on 3 1/2" or 5 1/4" disk. This electronic
transcript requires an I B M compatible P C with DOS 3.0 or higher,
512K of R A M , and a hard disk with 13Mb free for each round. This
text retrieval software for Round 1 and 2 is approximately $500.00.
Subsequent Rounds will also be available from: Libraxus, Inc.
221 Patterson Ave.
Ottawa, Ontario K1S 1Y4
Tel/FAX(613) 567-2484
2. National Aboriginal Directory (1993 edition) will soon
be available. This invaluable and comprehensive directory includes
Tribal/District/Regional Councils and Non-Aligned Bands;
Organizations, Societies & A s s o c i a t i o n s ( M e d i a and
Communications, Health, Justice, Housing, etc.) and a Business
and Advertising directory. It covers all of Canada and is indexed
both by province and for all of Canada. The 1993 edition will also
include the U.S.A. for the first time.
Available from: Arrowfax Canada Inc. Winnipeg, Manitoba
If you want to be advised when the new edition is available call toll
free 1-800-665-0037.
Presidents Message (Continuedfrom page 2)
Furthermore, I am hopeful that similar opportunity, on a
nation-to-nation basis, will also come about in Ottawa as a result
of the upcoming federal election. If the electorate creates another
opportunity for change, it too must be seized in the interests of our
future generations.
In conclusion, the Union of B.C. Indian Chiefs has decided
to sit down now with the Province (and, if possible with a new
Federal Government in the future), in order to achieve concrete
results to improve the lives of our Peoples today and ensure
flourishing our Peoples unto Seventh Generation in the future. We
can, we must do no less.
Note: copies of the Memorandum of Understanding are
available for your information.
Resource Update (Cont'd)
3. IN PRINT Catalogue. Department of Indian and
Northern Affairs. This catalogue lists the many publications
available from DIA. Most are free. You can get a free copy of IN
PRINTfrommost Regional DIA offices or by calling Ottawa (819)
997-0380. This catalogue is worth the time and phone call it takes
to acquire it.
4. INFO SOURCE. Sources of Federal Government
Information 1992-1993 is a 904 page document available free by
calling the Treasury Board Distribution Centre in Ottawa at (613)
995-2855. This publication also contains an informative section
about access to information under The Access to Information Act
and The Privacy Act.
5. Indians and Taxation in Canada (3rd edition 1992).
By Richard Bartlett.
Available from: Native Law Centre
University of Saskatchewan
Diefenbaker Centre
Saskatoon, Saskatchewan
S7N0W0
Price: $21.40
I have ordered the 76 microfilm reels of the Colonial
Correspondence (for British Columbia) from the Provincial
Archives. We should have the order filled by late Fall. No other
Library or Organization on the Lower Mainland owns these. Our
researchers will no longer have to travel to the Provincial Archives
in Victoria for information contained in the Correspondence.
As always, if I can assist in any way with your information
needs, please call me at 684-0231.
Wendy Ancell
UBCIC Librarian
Page 6
JULY/AUGUST 1993
F.Y.I.
THE LIGHTER SIDE..
The Union of B.C Indian Chiefs
will be celebrating their
25th Annual General Assembly
on October 26, 27, 28, 1993.
The location, theme and itinerary will be provided as soon as Chiefs Council makes their
final recomendations. As soon as these decisons are
clarified notices will be forwarded to you as soon as
possible so appropriate arrangements can be made.
Road & Highways
Issues Conference
Sept 28, 29,1993 (tentative)
Williams Lake, B.C.
UBCIC will reimburse travel and accomodation costs
for one representative from each First Nation attending the conference. Contact Halie Bruce or Dan
Gottesman after Sept.1,1993 at 684-0231 or by Fax
684-5726 for agenda and further information.
DEAR Mr.
WONDERFUL
A SMALL PIECE OF HISTORY
Along time ago when the white man arrived they
decided to hire some Indians to cut them trails so they
could settle and establish a life on some land.
In exchange the Indians were paid with alcohol and
were told that if they ever ran into a confrontation
with other Indians they would receive an extra $1.00
per scalp.
So one day as these Indians were cutting the trails for
the white man they had a confrontation with a another
group of Indians. So they had a bit of a battle, and by
the time it was over they had made themselves some
extra money.
Is there something bothering you?On one evening as the little tribe was settled in for the
Looking for an answer? Write to night one Indian was awaken by some rustling noises
Mr. W. at UBCIC Newsletter!
in the bushes.
I apologize for the inconvenience of being absent for
Soon after he went out and scoped the situation he
the past while but I have been very busy with roaddiscovered a whole entire tribe cutting a trail straight
blocks, demonstrations and trying to convince Mr.
toward their camp.
Mulroney to resign. I am sure you can understand
my situation. Anyways I succeeded and I'm back so
So the Indian, flabergasted with excitement, ran back
don't delay, and write today!
to his camp and said to his fellow brothers, "Wake
Mr. W.
up, were rich!"
JULY/AUGUST 1993
Page 7
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ARTS & CRAFTS
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Page 8
JULY/AUGUST 1993
Union of B.C. Indian Chiefs
NEWSLETTER
JULYIAUGUST 1993
U.B.C.1L.C. AND PROVINCE ESTABLISH
JOINT POLICY COUNCIL
The Union of B.C. Indian Chiefs and the Government of Canada signed a Memorandum of
Understanding on June 11, 1993 establishing a government-to-government relationship and a Joint Policy
Council.
Following a signing ceremony and
introductory speeches at the Vancouver Trade and
Convention Centre, Chiefs and B.C. cabinet ministers began
the first substantive session of the new Council.
The UBCIC - B.C. Cabinet Joint Policy Council
will address a wide range of provincial policy issues
affecting First Nations’ rights and interests, suchas First
Nation heritage protection, highway expropriations,
education funding, child welfare and implementation
of First Nation jurisdiction within the scope of their
inherent right of self-determination.
At the signing ceremony, Chief Saul Terry,
President of the Union, stated: ‘“while our Nations
intend to deal with jurisdictional matters and treaty-
making on a nation-to-nation basis with Canada, the
Union of B.C. Indian Chiefs welcomes the opportunity
to address broad policy issues with the Provincial
Government on a government-to-government basis.
The discussions we are beginning today with the
Province will focus on provincial policies which are
affecting First Nations’ inherent aboriginal and treaty
tights. The Joint Policy Council is an opportunity to
deal with the B.C. Cabinet cooperatively on a range of
such issues. The Union will continue to press the
Federal Government for a nation-to-nation alternative
to the B.C. Treaty Commission process. The Union’s
discussions with the Province will not in any way
undermine First Nations’ bilateral nation-to-nation
relationship with Canada or with the Federal
Government’s fiduciary obligations to our peoples.
This is clearly stated in the Memorandum of
Understanding.”’
SPECIAL EDITION
IN THIS ISSUE
Message from the President
Education Update —__ p. 3
Joint Policy Council __i p. 4
Resource Center Update
ANNOUNCEMENTS a P. 7
JULY/AUGUST 1993
Page 1
MESSAGE FROM THE PRESIDENT:
He generations, as Indian Nations,
we have been forced to tolerate
human rights violations. We have been
subjected to settler governments’ denial
that we are distinct Peoples, having
identifiable geographic homelands. We
have been humiliated, forced into a
world of dependence and poverty. Our
social and economic realities were
debased, our culture made the subject of
toyland lore, the symbols of our spirituality burned on fire heaps of
so called paganism.
For generations, our forefathers were outlawed from dealing
directly with these transgressions. Because of this, the fight was
taken underground until 1951, when the laws were once again
changed. The issue of the land and our peoples rights once more
could be addressed in lawful assemblies. After 67 years, the
Potlatch reemerged from underground. So too, after 34 years, the
outstanding land question was once more on the public agenda.
Since 1951, our people have successfully raised the issue of
decolonization. In response to the 1969 WHITE PAPER, the
Brown Paper was presented in 1972. In 1973, the Calder case
moved the federal government to develop policy to deal with
comprehensive and specific claims on their terms, In 1975, the
rejection of funds began the administrative devolution of
responsibility for Indians, although what we are seeking is not
devolution but the empowerment (the unshackling) of our Peoples
based on our inherent rights. The Declaration of the Union of B.C.
Indian Chiefs in 1976 laid the foundation for the Aboriginal Rights
Position Paper, which was accepted in principle in 1979 and
formally adopted in assembly in 1980. It remains the political
foundation of the Union to this day.
Without our Peoples input into the Aboriginal Rights
Position Paper and their political action to back it up through the
Constitution Express, there may not have been any section 25 or 35
to recognize our Peoples and our rights in the Canadian Constitution.
Our continued dissatisfaction with federal policy brought about the
Penner Report on Self-Government (1983), which for all intents
and purposes was shelved by the Conservative Government when
it came to power in 1984.
In its place, arising out of the Neilson Task Force Report,
was the Buffalo Jump Policy of the 1980’s. This is the Conservative
Government’s version of the 1969 White Paper Policy. The Buffalo
Jump Policies continue to be implemented today, We need only
look at the Tory Government’ s recent sinister and macabre legislative
initiatives, such as the Indian Monies Act and Chartered Land Act,
and the new Indian taxation policies being pursued by the Mulroney
(alias, the Kim Campbell) government.
In the midst of this, as a breath of fresh air, an N.D.P.
government was elected to parliament in Victoria. Although this
government is politically saddled with previous government policies
and legal arguments, they expressed the will to recognize our
Peoples and all that comes with that.
Here then an opportunity presented itself. We did not have
to abandon our principles in order to sit down with a settler
government to discuss policy issues of mutual concern. The
moment of opportunity had to be seized.
And so it was that between early January of 1993 and June
11th, 1993, serious negotiations and discussions were had between
myself, Chiefs Council and the Ministry of Aboriginal Affairs.
These discussions culminated on June 11th, when six agenda items
were recommended by the B.C. Cabinet and Chiefs Council for
further deliberations. These are:
1) Principles of Treaty Making
2) Heritage Protection
3) Child Welfare & Social Services
4) Order-in-Council 1036
5) Education
6) George Manuel Institute of Indian Government
7) Policing and Justice Issues
(put forward on July 20 by Chiefs Council as an additional
agenda item)
Other agenda items can be brought forward but the above
were priorities as decided by Chiefs from the different nations. A
Joint Policy Council was established on June 11 to try to reach
government-to-government agreements on these issues.
In the Joint Policy Council process we are dealing with
policy issues which have plagued our people for many years. It
should be clearly understood that we are doing this without
compromising the aboriginal and treaty rights of our Peoples. The
constitutional and fiduciary obligation still rests clearly with the
federal crown. Nation-to-Nation treaty making is with the federal
government based on the principles of self-determination. All our
discussions with the Province are without prejudice to these
fundamental principles.
Since the signing of the Memorandum of Understanding on
June 11th, we have successfully protected our jurisdiction by
having the B.C. Government drop all sections in its proposed
heritage protection legislation that more appropriately belong to
our nations’ governments. The positive work will continue in this
and other areas. This means, however, that we must prepare
ourselves to operate as the governments that we are -- to enact our
own laws, develop our own policies and work out the means of
implementation and enforcement. It will not be easy to carry out
these tasks but they are necessary if we are serious about being self-
determining Peoples.
The final proof of success in the Joint Policy Council
process, however, will be judged by actual results. Where you have
a government-to-government process where the parties express
positive political wills, we expect to be successful. Our people
deserve better than the politically repressive and morally debasing
policies which have been for too long imposed upon them.
Continued Page 6
Page 2
JULY/AUGUST 1993
EDUCATION UPDATE
The Union of B.C. Indian Chiefs held an Education Meeting
on the 15 & 16 of June, 1993. The following suggestions were put
forward by the meeting participants as Action.
Post - Secondary:
1, Maintain our Nation to Nation relationship position
with the Crown.
2. Find other ways to get something done than just dealing
with DIA.
3. Become the authority (Take over authority from DIA) -
develop your own policies - get membership involved - Act,
don’t wait to react - develop short and long term plans for
an overall strategy of achieving Nationhood of which
education is a part.
4, Continue to press for 100% post-secondary funding based
on expressed needs.
5. Develop an information circular to be attached to the
cheques that are being mailed out, informing post secondary
students of the DIA policy and the problems facing bands
that are administering available funds.
6. Set up and run healing circles and counselling for students
to help them deal with racism that happens inside the
schools and educational institutions.
7, Let parents, elders and community members know they
are important and have a right to be involved. Encourage
this involvement.
8. Do not support Local Education Agreements. Evenifyou
currently have one in place, continue to work towards a
Nation to Nation relationship.
9. Facilitate information sessions (locally, regionally,
provincially) for post-secondary students and provide
assistance in building the information network that they are
presently setting up.
10. Send out letters to politicians on strategies that you are
considering if no action is taken by Non-Aboriginal
governments to correct the situation.
aie f e Waa Annaaals A eee
ee At5 CRAIN 45 GENO ;
July 14, 1993 Meeting with DIA:
The following is a briefing given by Jim Fleury & John Ellis
on decisions that have been made with respect to Post Secondary
Allocations for 93-94.
In March of 1993 three options were put forth by the First Nations
Education Steering Committee and the Department. First Nations
of B.C. were to determine which of the three options they would
consider for the 93-94 allocations. The F.N.E.S.C. was responsible
for ensuring that all First Nations were consulted about this matter.
The F.N.E.S.C. was then to go forward and recommend a option
based on the consensus of First Nations of B.C. This-did not
happen. The F.N.E.S.C. stated to the department that Education
was a right therefor they could notbe seen to endorse an option. The
Summit then asked the Department to make a decision. The
department then decided on option three.
The department indicated that a letter has been sent out to First
Nations Chiefs & Councils, Tribal Councils, and Education
Administration Centers. This letter is in regard to the 93-94 Post-
Secondary Allocations. A print out of 1993-1994 Post Secondary
Allocations is also included in this package.
The Union of B.C. Indian Chiefs does not agree with the departments
method of determining a so called fair base for the 1993-1994 PSE
Allocation. We have drafted a letter to the department indicating
that we in no way agree with the approach that they have taken on
behalf of all First Nations of B.C.
Bilateral Agreement:
(See Joint Policy Update regarding the Bilateral Agreement.)
With this we wish to thank all the people who participated in the
Education Meeting and those that kept us informed with respect to
Education Issues. Your participation and support is greatley
appriciated. Feel free to contact us if we could be of any assistance
to you.
A reminder to all First Nations to send us any information you may
have about students who have been affected by the cut-backs. It is
essential that we continue to develop and maintain this data base.
JULY/AUGUST 1993
Page 3
[
UPDATE ON JOINT POLICY COUNCIL
As many of you have already been made aware, on June 11,
1993, the executive of the Union of British Columbia Indian
Chiefs signed a memorandum of Understanding (M.O.U.) with
the provincial government. This M.O.U. established a Joint
Policy Council (JPC) to address a wide range of provincial
policy issues affecting First Nations’ rights and interests and to
undertake a government-to-government approach to resolving
interferences with Aboriginal and Treaty rights of First Nations
by the Provincial government. The U.B.C.I.C. views the
process as an opportunity to build an ‘“‘exit door’’ for the
Provincial government to enable First Nation exercise of
inherent jurisdiction over its lands, resources and citizens. The
M.O.U. ensures that any discussions with the Province will not
in any way undermine First Nations’ bilateral Nation-to-Nation
relationship with Canada or with the Federal governments
fiduciary obligations to First Nation peoples.
WHAT IS THE STRUCTURE AND PROCESS?
The Joint Policy Council is comprised of members of the
U.B.C.1.C. Chiefs Council and members of the Provincial
Government Cabinet. The JPC will meet up to three times a
year to:
a) identify issues and approve or reject agenda
items between the Parties;
b) direct and coordinate discussions and
negotiations between the Parties;
c) negotiate government to government political
accords and protocols on a wide range of policy
issues; and
d) provide direction tothe Senior Officials Technical
Group.
The Senior Officials Technical Group is comprised of
U.B.C.I.C. senior technicians and provincial Deputy Ministers.
This group will meet at often as necessary to:
a) recommend agenda items to the JPC;
b) undertake technical analysis, research and
development activities to further the objectives
of the JPC;
Cc) prepare policy papers on specific agenda items
as directed by the JPC;
d) prepare options and set out recommendations
for the resolution of policy issues between the
Parties; and
€) establish small working committees as required,
by mutual agreement of the Parties.
A first meeting of the Chiefs with the Provincial Premier and
the Cabinet resulted in the passage of resolutions to begin the
work necessary to meet the objectives of an initial 6 agenda
items. These agenda items were narrowed down on a priority
basis from a larger list of issues developed between both parties.
The remaining issues are available as items for placement on
determined by the priorities of the parties. Since that meeting,
the Senior Officials Technical Group has met once to determine
the overall workplan for the first 6 agenda items.
WHAT ARE THE INITIAL AGENDA ITEMS?
The following sets out the objectives of the first 6 agenda items
along with an update on workplans to date.
I. FUNDAMENTAL PRINCIPLES OF TREATY MAKING
Objective:
The Joint Policy Council shall endeavour to
reach an agreement on fundamental principles
of treaty-making. The nature and scope of any
agreement reached by the Joint Policy Council
shall not derogate from the bilateral nation-to-
nation relationship between First Nations and
the Government of Canada, including the
constitutional authority of the government of
Canada to enter into treaties with First
Nations, or from the Government of Canada’s
fiduciary obligations to the First Nations.
Update:
The first fundamental principle of treaty making deals with the
non-extinguishment of Aboriginal Title and Rights. The
U.B.C.I.C. position has always been that Aboriginal title and
rights are inalienable and shall not be extinguished through
treaty. This principle has been given top priority but has been
tabled to the August meeting of technicians for determination of
a workplan in order to allow time for both parties to complete
their analyses of the most recent Court of Appeal decision of
Delgamuukw et al v. the Queen.
The remaining 9 principles deal with First Nation inherent
jurisdiction, First Nation consent to limitations on their
jurisdiction, First Nation ownership of their territories, First
Nation economic rights, First Nation rights to compensation,
ownership and protection of burial areas and sacred sites,
consent to Treaties, living Treaties and Treaty interpretation.
These will be dealt with as they fall within the scope of the
following agenda items and following resolution of the
extinguishment issue.
2. FIRST NATION HERITAGE PROTECTION
Objective:
Government to Government agreement providing for protection
of First Nation heritage sites and artifacts within the scope of
the inherent right of self-determination of First Nations.
Update:
The provincial government has tabled in the legislature a bill to
amend and strengthen heritage protection in British Columbia.
the agenda of the JPC at any time throughout the process as Continued page 5
=|
Page 4 JULY/AUGUST 1993
Continued from page 4
The bill contains a “‘non-derogation’”’ clause and a provision
authorizing the Minister of Tourism and Culture to enter into
agreements with First Nations for protection of First Nation
heritage sites and objects. The U.B.C.I.C. position is that First
Nations own their heritage and have jurisdiction over it. Our
priority is to reach agreement with the provincial government
(and the Federal government, where required) that recognizes
First Nations’ ownership and jurisdiction of their heritage and
sets out how the Province will assist First Nations in
implementing protection measures. A workplan is being
developed with December, 1993 as the target date for reaching
an agreement-in-principle.
3. ORDER-IN-COUNCIL 1036
Objective:
Government-to-Government agreement setting out a fair and
timely process for the resolution of road issues as an alternative
to the expropriation provisions under Order-in-Council 1036.
Update:
The U.B.C.I.C. position has been to seek rescission of the
expropriation provisions of the Order-in-Council. The
Provincial Government agrees that these provisions are
draconian but wants something to rely on in situations where
negotiations break down, The U.B.C.1.C. has scheduled a road
issues conference for July 21 and 22 to solicit First Nations
input. The issues and concerns of the provincial government
will be available for this conference to consider. Following this,
the technicians will meet at a working committee level with the
Ministry of Highways to set out the workplan for coming up
with options and recommendations to reaching an agreement.
4. EDUCATION - FIRST NATION FUNDING
Objective:
Government-to-Government agreement for transferring Indian
education funding for Kindergarten to Grade 12 from the
federal government to First Nations and from First Nations to
the Province of British Columbia and/or local School Boards,
ensuring effective First Nation control of Indian education
funding within the scope of the inherent right of self-
determination of First Nations.
Update:
The U.B.C.LC. has always maintained that only Nation-to-
Nation agreements with the Federal government can ensure
First Nation control over education. The Union has drafted and
circulated a draft Bilateral Agreement for this purpose. The
provincial government supports a bilateral/bilateral approach
and wishes to work with the U.B.C.L.C. to facilitate the
involvement of the federal government. Options for achieving
bilateral-bilateral agreements are expected by this October with
final agreements drafted by January, 1994. In the interim, the
U.B.C.LC, technicians will meet at a working committee level
with the Ministry of Education to discuss provincial public
education policy as it affects First Nation students.
5. CHILD WELFARE AND FAMILY SERVICES
Objective:
Government-to-Government agreement that:
1. Protection and support services for First
Nations children and families are solely the
responsibility of First Nations acting within
the scope of their inherent right of self-
determination; and
2. Provincial jurisdiction will be withdrawn from
the field of child welfare and family services
as First Nation assume jurisdiction and
control in this area.
Update:
The provincial government plans on having comprehensive
legislation dealing with child and family services as well as
adoption proclaimed by the fall of 1994. A workplan and
process for the review of this legislation as well as an
assessment of the impact of the federal/provincial cost sharing
agreement will be developed by a working committee that is
expected to meet before the end of July.
6. GEORGE MANUEL INSTITUTE OF INDIAN
GOVERNMENT
Objective:
Government-to-Government agreement to promote development
of the George Manuel Institute of Indian Government as a First
Nation-controlled post-secondary educational institution
focused on the development of leadership and administrative
skills required for implementation of First Nations’ inherent
right of self-determination.
Update:
The establishment of a working committee to access funding
sources has been tabled until provincial policy parameters on
post-secondary institutions has been clarified. The technicians
will examine whether or not an Indian controlled institution
will fit within such a policy framework or whether other options
are available to establish such a post-secondary institution.
Rhonda Johnson
JULY/AUGUST 1993
Page 5
RESOURCE CENTRE UPDATE
A Challenge 93’ grant has made it possible to hire a student
to help with several projects in the Resource Centre over the
summer and the automation of the Resource Centre catalogue
using the INMAGIC software is finally in its early stages. If any
UBCIC member bands wish to purchase the INMAGIC software
for records or library management, there is a 50% reduction in the
cost if it is ordered through us. Contact me if you would like more
information.
The Resource Centre collection has become primarily a
research collection since I started, prompted by my concern over
400 books which were signed out over the years and never returned.
At an average replacement cost of $20 peritem, this means that the
UBCIC has lost $8000.00 in materials out of the collection. Asa
result, the collection will be bar coded during the automation
project to make it possible in future to again loan out some items
from the collection and keep better control over their return. I
believe that bar coding the collection and bar coding borrower
cards in conjunction with a borrower deposit fee to be used against
replacement of unreturned books will alleviate many of the past
problems in getting books back. Placing a limit on the number of
books a single borrower may have out at any one time will also be
necessary in future.
Access to individuals other than UBCIC members has been
restricted over the summer to allow time for automation and other
projects. Access is still available Monday - Friday for UBCIC
members simply my identifying yourself as a member.
There are so many new publications around First Nations
topics that it is impossible to include more than a few key items
which may be of special interest. If you require more information
about these publications or other sources of information please call
me.
1. The Royal Commission on Aboriginal Affairs. Verbatim
testimony from Round 1 and Round 2 comprised of 20,000 pages
of text is available on 3 1/2" or 5 1/4" disk. This electronic
transcript requires an IBM compatible PC with DOS 3.0 or higher,
312K of RAM, and a hard disk with 13Mb free for each round. This
text retrieval software for Round | and 2 is approximately $500.00.
Subsequent Rounds will also be available from: Libraxus, Inc.
221 Patterson Ave.
Ottawa, Ontario K1S 1Y4
Tel/FAX (613) 567-2484
2. National Aboriginal Directory (1993 edition) will soon
beavailable. This invaluableand comprehensive directory includes
Tribal/District/Regional Councils and Non-Aligned Bands;
Organizations, Societies & Associations (Media and
Communications, Health, Justice, Housing, etc.) and a Business
and Advertising directory. It covers all of Canada and is indexed
both by province and for all of Canada. The 1993 edition will also
include the U.S.A. for the first time.
Available from: Arrowfax Canada Inc. Winnipeg, Manitoba
If you want to be advised when the new edition is available call toll
free 1-800-665-0037.
Presidents Message (Continued from page 2)
Furthermore, I am hopeful that similar opportunity, on a
nation-to-nation basis, will also come about in Ottawa as a result
of the upcoming federal election. If the electorate creates another
opportunity for change, it too must be seized in the interests of our
future generations.
In conclusion, the Union of B.C. Indian Chiefs has decided
to sit down now with the Province (and, if possible with a new
Federal Government in the future), in order to achieve concrete
results to improve the lives of our Peoples today and ensure
flourishing our Peoples unto Seventh Generation in the future. We
can, we must do no less.
Note: copies of the Memorandum of Understanding are
available for your information.
Resource Update (Cont'd)
3. IN PRINT Catalogue. Department of Indian and
Northern Affairs. This catalogue lists the many publications
available from DIA. Most are free. You can get a free copy of IN
PRINT from most Regional DIA offices or by calling Ottawa (819)
997-0380. This catalogue is worth the time and phone call it takes
to acquire it.
4. INFO SOURCE. Sources of Federal Government
Information 1992-1993 is a 904 page document available free by
calling the Treasury Board Distribution Centre in Ottawa at (613)
995-2855. This publication also contains an informative section
about access to information under The Access to Information Act
and The Privacy Act.
5. Indians and Taxation in Canada (rd edition 1992).
By Richard Bartlett.
Available from: Native Law Centre
University of Saskatchewan
Diefenbaker Centre
Saskatoon, Saskatchewan
S7N 0WO0
Price: $21.40
I have ordered the 76 microfilm reels of the Colonial
Correspondence (for British Columbia) from the Provincial
Archives. We should have the order filled by late Fall. No other
Library or Organization on the Lower Mainland owns these. Our
researchers will no longer have to travel to the Provincial Archives
in Victoria for information contained in the Correspondence.
As always, if I can assist in any way with your information
needs, please call me at 684-0231.
Wendy Ancell
UBCIC Librarian
Page 6
JULY/AUGUST 1993
]
ES.
The Union of B.C Indian Chiefs
will be celebrating their
25th Annual General Assembly
on October 26, 27, 28, 1993.
The location, theme and itinerary will be pro-
vided as soon as Chiefs Council makes their
final recomendations. As soon as these decisons are
clarified notices will be forwarded to you as soon as
possible so appropriate arrangements can be made.
Road & Highways
Issues Conference
Sept. 28, 29, 1993 (tentative)
Williams Lake, B.C.
UBCIC will reimburse travel and accomodation costs
for one representative from each First Nation attend-
ing the conference. Contact Halie Bruce or Dan
Gottesman after Sept.1, 1993 at 684-0231 or by Fax
684-5726 for agenda and further information.
DEAR Mr.
WONDERFUL
Is there something bothering you?
Looking for an answer? Write to
Mr. W. at UBCIC Newsletter!
I apologize for the inconvenience of being absent for
the past while but I have been very busy with road-
blocks, demonstrations and trying to convince Mr.
Mulroney to resign. I am sure you can understand
my situation. Anyways I succeeded and I'm back so
don't delay, and write today!
Mr. W.
THE LIGHTER SIDE...
You see,arunrmver,
WHEN PROPERLY MOTIVATED =|
WEY REALLY CAN BE
A SMALL PIECE OF HISTORY
Along time ago when the white man arrived they
decided to hire some Indians to cut them trails so they
could settle and establish a life on some land.
In exchange the Indians were paid with alcohol and
were told that if they ever ran into a confrontation
with other Indians they would receive an extra $1.00
per scalp.
So one day as these Indians were cutting the trails for
the white man they had a confrontation with a another
group of Indians. So they had a bit of a battle, and by
the time it was over they had made themselves some
extra money.
On one evening as the little tribe was settled in for the
night one Indian was awaken by some rustling noises
in the bushes.
Soon after he went out and scoped the situation he
discovered a whole entire tribe cutting a trail straight
toward their camp.
So the Indian, flabergasted with excitement, ran back
to his camp and said to his fellow brothers, "Wake
up, were rich!"
|
JULY/AUGUST 1993
Page 7
UNION OF B.C. INDIAN CHIEFS
SUBSCRIPTION FORM
NAME:
FOR OFFICE USE ONLY
ADDRESS: Al :
PROVINCE/STATE: POSTAL/ZIP CODE:
1 YEAR SUBSCRIPTION
NLETTER INDIVIDUALS: $35.00
NCLIPPING MEMBER BANDS: _ $75.00 INDIVIDUALS: $100.00
TOTAL AMOUNT ENCLOSED $
Please make cheque or money order payable to: UNION OF B.C. INDIAN CHIEFS, 700-73 WATER STREET,
an
VANCOUVER, B.C., V6B 1A1
GE rapper Aves ny AS
40> CHIEFS MASK BOOKSTO GALLERY <Q
= 73 Water Street, Vancouver, B.C., Canada, V6B 1A1 Telephone (604) 687-4100, Fax (604) 684-5726 ‘0
hay ne
—=J hy
< BOOKS ‘MS ACCEP ARTS & CRAFTS a
OY - FIRST NATIONS - JEWERLY (GOLD AND SILVER) &
Ry x»
by - ABORIGINAL ISSUES - POTTERY «
oe x
o - GOVERNMENT - PRINTS &>
3 Q
Xe - LAND CLAIMS - T-SHIRTS Oo
: - LAW - LEATHERWORK o
~
— - ART - MASKS QO
‘ ~
ia - CHILDREN'S BOOKS CALL, WRITE OR - BEADWORK i.
= - TEACHING AIDS DROP IN TODAY! - TRADITIONAL MUSIC ©)
©. .
i - POETRY - AND MUCH MORE! ~
= =
& Owned and operated by the Union of B.C. Indian Chiefs ne
Page 8 JULY/AUGUST 1993
-
Union of B.C. Indian Chiefs
NEWSLETTER
JULY/AUGUST 1993
U.B.C.I.C. AND PROVINCE ESTABLISH
JOINT POLICY COUNCIL
The Union of B. C. Indian Chiefs and the Government of Canada signed a Memorandum of
Understanding on June 11,1993 establishing a government-to-government relationship and a Joint Polic
Council
Following a signing ceremony and
introductory speeches at the Vancouver Trade and
Convention Centre, Chiefs and B.C. cabinet ministers began
thefirstsubstantive session of the new Council.
The UBCIC - B.C. Cabinet Joint Policy Council
will address a wide range of provincial policy issues
affecting First Nations' rights and interests, such as First
Nation heritage protection, highway expropriations,
education funding, child welfare and implementation
of First Nation jurisdiction within the scope of their
inherent right of self-determination.
At the signing ceremony, Chief Saul Terry,
President of the Union, stated: "while our Nations
intend to deal with jurisdictional matters and treatymaking on a nation-to-nation basis with Canada, the
Union of B.C. Indian Chiefs welcomes the opportunity
to address broad policy issues with the Provincial
Government on a government-to-government basis.
The discussions we are beginning today with the
Province will focus on provincial policies which are
affecting First Nations' inherent aboriginal and treaty
rights. The Joint Policy Council is an opportunity to
deal with the B.C. Cabinet cooperatively on a range of
such issues. The Union will continue to press the
Federal Government for a nation-to-nation alternative
to the B.C. Treaty Commission process. The Union's
discussions with the Province will not in any way
JULY/AUGUST 1993
undermine First Nations' bilateral nation-to-nation
relationship with Canada or with the Federal
Government'sfiduciaryobligations to our peoples.
This is clearly stated in the Memorandum of
Understanding."
SPECIAL EDITION
IN THIS ISSUE
Message from the President
p. 2
Education Update
p. 3
Joint Policy Council
p. 4
Resource Center Update
p. 6
Announcements
p. 7
Page 1
MESSAGE FROM THE PRESIDENT:
For generations, as Indian Nations,
we have been forced to tolerate
human rights violations. We have been
subjected to settler governments' denial
that we are distinct Peoples, having
identifiable geographic homelands. We
have been humiliated, forced into a
world of dependence and poverty. Our
social and economic realities were
debased, our culture made the subject of
toyland lore, the symbols of our spirituality burned on fire heaps of
so called paganism.
For generations, our forefathers were outlawed from dealing
directly with these transgressions. Because of this, the fight was
taken underground until 1951, when the laws were once again
changed. The issue of the land and our peoples rights once more
could be addressed in lawful assemblies. After 67 years, the
Potlatch reemerged from underground. So too, after 34 years, the
outstanding land question was once more on the public agenda.
Since 1951, our people have successfully raised the issue of
decolonization. In response to the 1969 WHITE P A P E R , the
Brown Paper was presented i n 1972. In 1973, the Calder case
moved the federal government to develop policy to deal with
comprehensive and specific claims on their terms. In 1975, the
rejection of funds began the administrative devolution of
responsibility for Indians, although what we are seeking is not
devolution but the empowerment (the unshackling) of our Peoples
based on our inherent rights. The Declaration of the Union of B . C.
Indian Chiefs in 1976 laid the foundation for the Aboriginal Rights
Position Paper, which was accepted i n principle i n 1979 and
formally adopted i n assembly i n 1980. It remains the political
foundation of the Union to this day.
Without our Peoples input into the Aboriginal Rights
Position Paper and their political action to back it up through the
Constitution Express, there may not have been any section 25 or 3 5
to recognize our Peoples and our rights in the Canadian Constitution.
Our continued dissatisfaction with federal policy brought about the
Penner Report on Self-Government (1983), which for all intents
and purposes was shelved by the Conservative Government when
it came to power i n 1984.
In its place, arising out of the Neilson Task Force Report,
was the Buffalo Jump Policy of the 1980's. This is the Conservative
Government's version of the 1969 White Paper Policy. The Buffalo
Jump Policies continue to be implemented today. We need only
look at the Tory Government' s recent sinister and macabre legislative
initiatives, such as the Indian Monies Act and Chartered Land Act.
and the new Indian taxation policies being pursued by the Mulroney
(alias, the K i m Campbell) government.
In the midst of this, as a breath of fresh air, an N.D.P.
government was elected to parliament i n Victoria. Although this
government is politically saddled with previous government policies
and legal arguments, they expressed the will to recognize our
Peoples and all that comes with that.
Page 2
Here then an opportunity presented itself. We did not have
to abandon our principles i n order to sit down with a settler
government to discuss policy issues of mutual concern. The
moment of opportunity had to be seized.
And so it was that between early January of 1993 and June
11th, 1993, serious negotiations and discussions were had between
myself, Chiefs Council and the Ministry of Aboriginal Affairs.
These discussions culminated on June 11th, when six agenda items
were recommended by the B . C . Cabinet and Chiefs Council for
further deliberations. These are:
1) Principles of Treaty Making
2) Heritage Protection
3) Child Welfare & Social Services
4) Order-in-Council 1036
5) Education
6) George Manuel Institute of Indian Government
7) Policing and Justice Issues
(put forward on July 20 by Chiefs Council as an additional
agenda item)
Other agenda items can be brought forward but the above
were priorities as decided by Chiefs from the different nations. A
Joint Policy Council was established on June 11 to try to reach
government-to-government agreements on these issues.
In the Joint Policy Council process we are dealing with
policy issues which have plagued our people for many years. It
should be clearly understood that we are doing this without
compromising the aboriginal and treaty rights of our Peoples. The
constitutional and fiduciary obligation still rests clearly with the
federal crown. Nation-to-Nation treaty making is with the federal
government based on the principles of self-determination. A l l our
discussions with the Province are without prejudice to these
fundamental principles.
Since the signing of the Memorandum of Understanding on
June 11th, we have successfully protected our jurisdiction by
having the B . C . Government drop all sections i n its proposed
heritage protection legislation that more appropriately belong to
our nations' governments. The positive work will continue in this
and other areas. This means, however, that we must prepare
ourselves to operate as the governments that we are — to enact our
own laws, develop our own policies and work out the means of
implementation and enforcement. It will not be easy to carry out
these tasks but they are necessary i f we are serious about being selfdetermining Peoples.
The final proof of success i n the Joint Policy Council
process, however, will bejudged by actual results. Where you have
a government-to-government process where the parties express
positive political wills, we expect to be successful. Our people
deserve better than the politically repressive and morally debasing
policies which have been for too long imposed upon them.
Continued Page 6
JULY/AUGUST 1993
EDUCATION UPDATE
The Union of B. C. Indian Chiefs held an Education Meeting
on the 15 & 16 of June, 1993. The following suggestions were put
forward by the meeting participants as Action.
Post - Secondary:
1. Maintain our Nation to Nation relationship position
with the Crown.
2. Find other ways to get something done than just dealing
with DIA.
3. Become the authority (Take over authority from DIA) develop your own policies - get membership involved - Act,
don't wait to react - develop short and long term plans for
an overall strategy of achieving Nationhood of which
education is a part.
4. Continue to press for 100% post-secondary funding based
on expressed needs.
5. Develop an information circular to be attached to the
cheques that are being mailed out, informing post secondary
students of the D I A policy and the problems facing bands
that are administering available funds.
6. Set up and run healing circles and counselling for students
to help them deal with racism that happens inside the
schools and educational institutions.
7. Let parents, elders and community members know they
are important and have a right to be involved. Encourage
this involvement.
8. Do not support Local Education Agreements. Even if you
currently have one i n place, continue to work towards a
Nation to Nation relationship.
9. Facilitate information sessions (locally, regionally,
provincially) for post-secondary students and provide
assistance in building the information network that they are
presently setting up.
10. Send out letters to politicians on strategies that you are
considering i f no action is taken by Non-Aboriginal
governments to correct the situation.
JULY/AUGUST 1993
July 14.1993 Meeting with DIA:
The following is a briefing given by Jim Fleury & John Ellis
on decisions that have been made with respect to Post Secondary
Allocations for 93-94.
In March of 1993 three options were put forth by the First Nations
Education Steering Committee and the Department. First Nations
of B . C . were to determine which of the three options they would
consider for the 93-94 allocations. The F.N.E.S.C. was responsible
for ensuring that all First Nations were consulted about this matter.
The F.N.E.S.C. was then to go forward and recommend a option
based on the consensus of First Nations of B . C . This did not
happen. The F.N.E.S.C. stated to the department that Education
was a right therefor they could not be seen to endorse an option. The
Summit then asked the Department to make a decision. The
department then decided on option three.
The department indicated that a letter has been sent out to First
Nations Chiefs & Councils, Tribal Councils, and Education
Administration Centers. This letter is i n regard to the 93-94 PostSecondary Allocations. A print out of 1993-1994 Post Secondary
Allocations is also included i n this package.
The Union of B. C. Indian Chiefs does not agree with the departments
method of determining a so called fair base for the 1993-1994 PSE
Allocation. We have drafted a letter to the department indicating
that we i n no way agree with the approach that they have taken on
behalf of all First Nations of B . C .
Bilateral
Agreement:
(See Joint Policy Update regarding the Bilateral Agreement)
With this we wish to thank all the people who participated in the
Education Meeting and those that kept us informed with respect to
Education Issues. Your participation and support is greatley
appriciated. Feel free to contact us if we could be of any assistance
to you.
A reminder to all First Nations to send us any information you may
have about students who have been affected by the cut-backs. It is
essential that we continue to develop and maintain this data base.
Page 3
UPDATE O N JOINT P O L I C Y C O U N C I L
As many of you have already been made aware, on June 11,
1993, the executive of the Union of British Columbia Indian
Chiefs signed a memorandum of Understanding (M.O.U.) with
the provincial government. This M.O.U. established a Joint
Policy Council (JPC) to address a wide range of provincial
policy issues affecting First Nations' rights and interests and to
undertake a government-to-government approach to resolving
interferences with Aboriginal and Treaty rights of First Nations
by the Provincial government. The U.B.C.I.C. views the
process as an opportunity to build an ' 'exit door'' for the
Provincial government to enable First Nation exercise of
inherent jurisdiction over its lands, resources and citizens. The
M.O.U. ensures that any discussions with the Province will not
in any way undermine First Nations' bilateral Nation-to-Nation
relationship with Canada or with the Federal governments
fiduciary obligations to First Nation peoples.
WHAT IS THE STRUCTURE AND PROCESS?
The Joint Policy Council is comprised of members of the
U.B.C.I.C. Chiefs Council and members of the Provincial
Government Cabinet. The JPC will meet up to three times a
year to:
a)
identify issues and approve or reject agenda
items between the Parties;
b)
direct and coordinate discussions and
negotiations between the Parties;
c)
negotiate government to government political
accords and protocols on a wide range of policy
issues; and
d)
provide direction to the Senior Officials Technical
Group.
The Senior Officials Technical Group is comprised of
U.B.C.I.C. senior technicians and provincial Deputy Ministers.
This group will meet at often as necessary to:
a)
b)
c)
d)
e)
recommend agenda items to the JPC;
undertake technical analysis, research and
development activities to further the objectives
of the JPC;
prepare policy papers on specific agenda items
as directed by the JPC;
prepare options and set out recommendations
for the resolution of policy issues between the
Parties; and
establish small working committees as required,
by mutual agreement of the Parties.
A first meeting of the Chiefs with the Provincial Premier and
the Cabinet resulted in the passage of resolutions to begin the
work necessary to meet the objectives of an initial 6 agenda
items. These agenda items were narrowed down on a priority
basis from a larger list of issues developed between both parties.
The remaining issues are available as items for placement on
the agenda of the JPC at any time throughout the process as
Page 4
determined by the priorities of the parties. Since that meeting,
the Senior Officials Technical Group has met once to determine
the overall workplan for the first 6 agenda items.
WHAT A R E T H E INITIAL AGENDA ITEMS?
The following sets out the objectives of the first 6 agenda items
along with an update on workplans to date.
1. FUNDAMENTAL
PRINCIPLES OF TREATY MAKING
Objective:
The Joint Policy Council shall endeavour to
reach an agreement on fundamental principles
of treaty-making. The nature and scope of any
agreement reached by the Joint Policy Council
shall not derogate from the bilateral nation-tonation relationship between First Nations and
the Government of Canada, including the
constitutional authority of the government of
Canada to enter into treaties with First
Nations, or from the Government of Canada's
fiduciary obligations to the First Nations.
Update:
The first fundamental principle of treaty making deals with the
non-extinguishment of Aboriginal Title and Rights. The
U.B.C.I.C. position has always been that Aboriginal title and
rights are inalienable and shall not be extinguished through
treaty. This principle has been given top priority but has been
tabled to the August meeting of technicians for determination of
a workplan in order to allow time for both parties to complete
their analyses of the most recent Court of Appeal decision of
Delgamuukw et al v. the Queen.
The remaining 9 principles deal with First Nation inherent
jurisdiction, First Nation consent to limitations on their
jurisdiction, First Nation ownership of their territories, First
Nation economicrights,First Nation rights to compensation,
ownership and protection of burial areas and sacred sites,
consent to Treaties, living Treaties and Treaty interpretation.
These will be dealt with as they fall within the scope of the
following agenda items and following resolution of the
extinguishment issue.
2. FIRST NATION HERITAGE
PROTECTION
Objective:
Government to Government agreement providing for protection
of First Nation heritage sites and artifacts within the scope of
the inherent right of self-determination of First Nations.
Update:
The provincial government has tabled in the legislature a bill to
amend and strengthen heritage protection in British Columbia.
Continued page 5
JULY/AUGUST 1993
Continuedfrom page 4
5.
The bill contains a "non-derogation" clause and a provision
authorizing the Minister of Tourism and Culture to enter into
agreements with First Nations for protection of First Nation
heritage sites and objects. The U.B.C.I.C. position is that First
Nations own their heritage and have jurisdiction over it. Our
priority is to reach agreement with the provincial government
(and the Federal government, where required) that recognizes
First Nations' ownership and jurisdiction of their heritage and
sets out how the Province will assist First Nations in
implementing protection measures. A workplan is being
developed with December, 1993 as the target date for reaching
an agreement-in-principle.
final agreements drafted by January, 1994. In the interim, the
U.B.C.I.C, technicians will meet at a working committee level
with the Ministry of Education to discuss provincial public
education policy as it affects First Nation students.
CHILD WELFARE AND FAMILY SERVICES
Objective:
Government-to-Government agreement that:
1.
Protection and support services for First
Nations children and families are solely the
responsibility of First Nations acting within
the scope of their inherent right of selfdetermination; and
2.
Provincial jurisdiction will be withdrawn from
the field of child welfare and family services
as First Nation assume jurisdiction and
control in this area.
3. ORDER-1N-COUNCIL 1036
Objective:
Government-to-Government agreement setting out a fair and
timely process for the resolution of road issues as an alternative
to the expropriation provisions under Order-in-Council 1036.
Update:
Update:
The U.B.C.I.C. position has been to seek rescission of the
expropriation provisions of the Order-in-Council. The
Provincial Government agrees that these provisions are
draconian but wants something to rely on in situations where
negotiations break down. The U.B.C.I.C. has scheduled a road
issues conference for July 21 and 22 to solicit First Nations
input. The issues and concerns of the provincial government
will be available for this conference to consider. Following this,
the technicians will meet at a working committee level with the
Ministry of Highways to set out the workplan for coming up
with options and recommendations to reaching an agreement.
The provincial government plans on having comprehensive
legislation dealing with child and family services as well as
adoption proclaimed by the fall of 1994. A workplan and
process for the review of this legislation as well as an
assessment of the impact of the federal/provincial cost sharing
agreement will be developed by a working committee that is
expected to meet before the end of July.
6. GEORGE MANUEL INSTITUTE OF INDIAN
GOVERNMENT
Objective:
4. EDUCATION - FIRST NATION FUNDING
Objective:
Government-to-Government agreement for transferring Indian
education funding for Kindergarten to Grade 12 from the
federal government to First Nations and from First Nations to
the Province of British Columbia and/or local School Boards,
ensuring effective First Nation control of Indian education
funding within the scope of the inherent right of selfdetermination of First Nations.
Update:
The U.B.C.I.C. has always maintained that only Nation-toNation agreements with the Federal government can ensure
First Nation control over education. The Union has drafted and
circulated a draft Bilateral Agreement for this purpose. The
provincial government supports a bilateral/bilateral approach
and wishes to work with the U.B.C.I.C. to facilitate the
involvement of the federal government. Options for achieving
bilateral-bilateral agreements are expected by this October with
JULY/AUGUST 1993
Government-to-Government agreement to promote development
of the George Manuel Institute of Indian Government as a First
Nation-controlled post-secondary educational institution
focused on the development of leadership and administrative
skills required for implementation of First Nations' inherent
right of self-determination.
Update:
The establishment of a working committee to access funding
sources has been tabled until provincial policy parameters on
post-secondary institutions has been clarified. The technicians
will examine whether or not an Indian controlled institution
will fit within such a policy framework or whether other options
are available to establish such a post-secondary institution.
Rhonda Johnson
Page 5
RESOURCE C E N T R E UPDATE
A Challenge 93' grant has made it possible to hire a student
to help with several projects i n the Resource Centre over the
summer and the automation of the Resource Centre catalogue
using the I N M A G I C software is finally i n its early stages. If any
U B C I C member bands wish to purchase the I N M A G I C software
for records or library management, there is a 50% reduction in the
cost if it is ordered through us. Contact me i f you would like more
information.
The Resource Centre collection has become primarily a
research collection since I started, prompted by my concern over
400 books which were signed out over the years and never returned.
At an average replacement cost of $20 per item, this means that the
U B C I C has lost $8000.00 i n materials out of the collection. A s a
result, the collection will be bar coded during the automation
project to make it possible i n future to again loan out some items
from the collection and keep better control over their return. I
believe that bar coding the collection and bar coding borrower
cards in conjunction with a borrower deposit fee to be used against
replacement of unreturned books will alleviate many of the past
problems i n getting books back. Placing a limit on the number of
books a single borrower may have out at any one time will also be
necessary i n future.
Access to individuals other than U B C I C members has been
restricted over the summer to allow time for automation and other
projects. Access is still available Monday - Friday for U B C I C
members simply my identifying yourself as a member.
There are so many new publications around First Nations
topics that it is impossible to include more than a few key items
which maybe of special interest. If you require more information
about these publications or other sources of information please call
me.
1. The Royal Commission on Aboriginal Affairs. Verbatim
testimony from Round 1 and Round 2 comprised of 20,000 pages
of text is available on 3 1/2" or 5 1/4" disk. This electronic
transcript requires an I B M compatible P C with DOS 3.0 or higher,
512K of R A M , and a hard disk with 13Mb free for each round. This
text retrieval software for Round 1 and 2 is approximately $500.00.
Subsequent Rounds will also be available from: Libraxus, Inc.
221 Patterson Ave.
Ottawa, Ontario K1S 1Y4
Tel/FAX(613) 567-2484
2. National Aboriginal Directory (1993 edition) will soon
be available. This invaluable and comprehensive directory includes
Tribal/District/Regional Councils and Non-Aligned Bands;
Organizations, Societies & A s s o c i a t i o n s ( M e d i a and
Communications, Health, Justice, Housing, etc.) and a Business
and Advertising directory. It covers all of Canada and is indexed
both by province and for all of Canada. The 1993 edition will also
include the U.S.A. for the first time.
Available from: Arrowfax Canada Inc. Winnipeg, Manitoba
If you want to be advised when the new edition is available call toll
free 1-800-665-0037.
Presidents Message (Continuedfrom page 2)
Furthermore, I am hopeful that similar opportunity, on a
nation-to-nation basis, will also come about in Ottawa as a result
of the upcoming federal election. If the electorate creates another
opportunity for change, it too must be seized in the interests of our
future generations.
In conclusion, the Union of B.C. Indian Chiefs has decided
to sit down now with the Province (and, if possible with a new
Federal Government in the future), in order to achieve concrete
results to improve the lives of our Peoples today and ensure
flourishing our Peoples unto Seventh Generation in the future. We
can, we must do no less.
Note: copies of the Memorandum of Understanding are
available for your information.
Resource Update (Cont'd)
3. IN PRINT Catalogue. Department of Indian and
Northern Affairs. This catalogue lists the many publications
available from DIA. Most are free. You can get a free copy of IN
PRINTfrommost Regional DIA offices or by calling Ottawa (819)
997-0380. This catalogue is worth the time and phone call it takes
to acquire it.
4. INFO SOURCE. Sources of Federal Government
Information 1992-1993 is a 904 page document available free by
calling the Treasury Board Distribution Centre in Ottawa at (613)
995-2855. This publication also contains an informative section
about access to information under The Access to Information Act
and The Privacy Act.
5. Indians and Taxation in Canada (3rd edition 1992).
By Richard Bartlett.
Available from: Native Law Centre
University of Saskatchewan
Diefenbaker Centre
Saskatoon, Saskatchewan
S7N0W0
Price: $21.40
I have ordered the 76 microfilm reels of the Colonial
Correspondence (for British Columbia) from the Provincial
Archives. We should have the order filled by late Fall. No other
Library or Organization on the Lower Mainland owns these. Our
researchers will no longer have to travel to the Provincial Archives
in Victoria for information contained in the Correspondence.
As always, if I can assist in any way with your information
needs, please call me at 684-0231.
Wendy Ancell
UBCIC Librarian
Page 6
JULY/AUGUST 1993
F.Y.I.
THE LIGHTER SIDE..
The Union of B.C Indian Chiefs
will be celebrating their
25th Annual General Assembly
on October 26, 27, 28, 1993.
The location, theme and itinerary will be provided as soon as Chiefs Council makes their
final recomendations. As soon as these decisons are
clarified notices will be forwarded to you as soon as
possible so appropriate arrangements can be made.
Road & Highways
Issues Conference
Sept 28, 29,1993 (tentative)
Williams Lake, B.C.
UBCIC will reimburse travel and accomodation costs
for one representative from each First Nation attending the conference. Contact Halie Bruce or Dan
Gottesman after Sept.1,1993 at 684-0231 or by Fax
684-5726 for agenda and further information.
DEAR Mr.
WONDERFUL
A SMALL PIECE OF HISTORY
Along time ago when the white man arrived they
decided to hire some Indians to cut them trails so they
could settle and establish a life on some land.
In exchange the Indians were paid with alcohol and
were told that if they ever ran into a confrontation
with other Indians they would receive an extra $1.00
per scalp.
So one day as these Indians were cutting the trails for
the white man they had a confrontation with a another
group of Indians. So they had a bit of a battle, and by
the time it was over they had made themselves some
extra money.
Is there something bothering you?On one evening as the little tribe was settled in for the
Looking for an answer? Write to night one Indian was awaken by some rustling noises
Mr. W. at UBCIC Newsletter!
in the bushes.
I apologize for the inconvenience of being absent for
Soon after he went out and scoped the situation he
the past while but I have been very busy with roaddiscovered a whole entire tribe cutting a trail straight
blocks, demonstrations and trying to convince Mr.
toward their camp.
Mulroney to resign. I am sure you can understand
my situation. Anyways I succeeded and I'm back so
So the Indian, flabergasted with excitement, ran back
don't delay, and write today!
to his camp and said to his fellow brothers, "Wake
Mr. W.
up, were rich!"
JULY/AUGUST 1993
Page 7
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Page 8
JULY/AUGUST 1993
Union of B.C. Indian Chiefs
NEWSLETTER
JULYIAUGUST 1993
U.B.C.1L.C. AND PROVINCE ESTABLISH
JOINT POLICY COUNCIL
The Union of B.C. Indian Chiefs and the Government of Canada signed a Memorandum of
Understanding on June 11, 1993 establishing a government-to-government relationship and a Joint Policy
Council.
Following a signing ceremony and
introductory speeches at the Vancouver Trade and
Convention Centre, Chiefs and B.C. cabinet ministers began
the first substantive session of the new Council.
The UBCIC - B.C. Cabinet Joint Policy Council
will address a wide range of provincial policy issues
affecting First Nations’ rights and interests, suchas First
Nation heritage protection, highway expropriations,
education funding, child welfare and implementation
of First Nation jurisdiction within the scope of their
inherent right of self-determination.
At the signing ceremony, Chief Saul Terry,
President of the Union, stated: ‘“while our Nations
intend to deal with jurisdictional matters and treaty-
making on a nation-to-nation basis with Canada, the
Union of B.C. Indian Chiefs welcomes the opportunity
to address broad policy issues with the Provincial
Government on a government-to-government basis.
The discussions we are beginning today with the
Province will focus on provincial policies which are
affecting First Nations’ inherent aboriginal and treaty
tights. The Joint Policy Council is an opportunity to
deal with the B.C. Cabinet cooperatively on a range of
such issues. The Union will continue to press the
Federal Government for a nation-to-nation alternative
to the B.C. Treaty Commission process. The Union’s
discussions with the Province will not in any way
undermine First Nations’ bilateral nation-to-nation
relationship with Canada or with the Federal
Government’s fiduciary obligations to our peoples.
This is clearly stated in the Memorandum of
Understanding.”’
SPECIAL EDITION
IN THIS ISSUE
Message from the President
Education Update —__ p. 3
Joint Policy Council __i p. 4
Resource Center Update
ANNOUNCEMENTS a P. 7
JULY/AUGUST 1993
Page 1
MESSAGE FROM THE PRESIDENT:
He generations, as Indian Nations,
we have been forced to tolerate
human rights violations. We have been
subjected to settler governments’ denial
that we are distinct Peoples, having
identifiable geographic homelands. We
have been humiliated, forced into a
world of dependence and poverty. Our
social and economic realities were
debased, our culture made the subject of
toyland lore, the symbols of our spirituality burned on fire heaps of
so called paganism.
For generations, our forefathers were outlawed from dealing
directly with these transgressions. Because of this, the fight was
taken underground until 1951, when the laws were once again
changed. The issue of the land and our peoples rights once more
could be addressed in lawful assemblies. After 67 years, the
Potlatch reemerged from underground. So too, after 34 years, the
outstanding land question was once more on the public agenda.
Since 1951, our people have successfully raised the issue of
decolonization. In response to the 1969 WHITE PAPER, the
Brown Paper was presented in 1972. In 1973, the Calder case
moved the federal government to develop policy to deal with
comprehensive and specific claims on their terms, In 1975, the
rejection of funds began the administrative devolution of
responsibility for Indians, although what we are seeking is not
devolution but the empowerment (the unshackling) of our Peoples
based on our inherent rights. The Declaration of the Union of B.C.
Indian Chiefs in 1976 laid the foundation for the Aboriginal Rights
Position Paper, which was accepted in principle in 1979 and
formally adopted in assembly in 1980. It remains the political
foundation of the Union to this day.
Without our Peoples input into the Aboriginal Rights
Position Paper and their political action to back it up through the
Constitution Express, there may not have been any section 25 or 35
to recognize our Peoples and our rights in the Canadian Constitution.
Our continued dissatisfaction with federal policy brought about the
Penner Report on Self-Government (1983), which for all intents
and purposes was shelved by the Conservative Government when
it came to power in 1984.
In its place, arising out of the Neilson Task Force Report,
was the Buffalo Jump Policy of the 1980’s. This is the Conservative
Government’s version of the 1969 White Paper Policy. The Buffalo
Jump Policies continue to be implemented today, We need only
look at the Tory Government’ s recent sinister and macabre legislative
initiatives, such as the Indian Monies Act and Chartered Land Act,
and the new Indian taxation policies being pursued by the Mulroney
(alias, the Kim Campbell) government.
In the midst of this, as a breath of fresh air, an N.D.P.
government was elected to parliament in Victoria. Although this
government is politically saddled with previous government policies
and legal arguments, they expressed the will to recognize our
Peoples and all that comes with that.
Here then an opportunity presented itself. We did not have
to abandon our principles in order to sit down with a settler
government to discuss policy issues of mutual concern. The
moment of opportunity had to be seized.
And so it was that between early January of 1993 and June
11th, 1993, serious negotiations and discussions were had between
myself, Chiefs Council and the Ministry of Aboriginal Affairs.
These discussions culminated on June 11th, when six agenda items
were recommended by the B.C. Cabinet and Chiefs Council for
further deliberations. These are:
1) Principles of Treaty Making
2) Heritage Protection
3) Child Welfare & Social Services
4) Order-in-Council 1036
5) Education
6) George Manuel Institute of Indian Government
7) Policing and Justice Issues
(put forward on July 20 by Chiefs Council as an additional
agenda item)
Other agenda items can be brought forward but the above
were priorities as decided by Chiefs from the different nations. A
Joint Policy Council was established on June 11 to try to reach
government-to-government agreements on these issues.
In the Joint Policy Council process we are dealing with
policy issues which have plagued our people for many years. It
should be clearly understood that we are doing this without
compromising the aboriginal and treaty rights of our Peoples. The
constitutional and fiduciary obligation still rests clearly with the
federal crown. Nation-to-Nation treaty making is with the federal
government based on the principles of self-determination. All our
discussions with the Province are without prejudice to these
fundamental principles.
Since the signing of the Memorandum of Understanding on
June 11th, we have successfully protected our jurisdiction by
having the B.C. Government drop all sections in its proposed
heritage protection legislation that more appropriately belong to
our nations’ governments. The positive work will continue in this
and other areas. This means, however, that we must prepare
ourselves to operate as the governments that we are -- to enact our
own laws, develop our own policies and work out the means of
implementation and enforcement. It will not be easy to carry out
these tasks but they are necessary if we are serious about being self-
determining Peoples.
The final proof of success in the Joint Policy Council
process, however, will be judged by actual results. Where you have
a government-to-government process where the parties express
positive political wills, we expect to be successful. Our people
deserve better than the politically repressive and morally debasing
policies which have been for too long imposed upon them.
Continued Page 6
Page 2
JULY/AUGUST 1993
EDUCATION UPDATE
The Union of B.C. Indian Chiefs held an Education Meeting
on the 15 & 16 of June, 1993. The following suggestions were put
forward by the meeting participants as Action.
Post - Secondary:
1, Maintain our Nation to Nation relationship position
with the Crown.
2. Find other ways to get something done than just dealing
with DIA.
3. Become the authority (Take over authority from DIA) -
develop your own policies - get membership involved - Act,
don’t wait to react - develop short and long term plans for
an overall strategy of achieving Nationhood of which
education is a part.
4, Continue to press for 100% post-secondary funding based
on expressed needs.
5. Develop an information circular to be attached to the
cheques that are being mailed out, informing post secondary
students of the DIA policy and the problems facing bands
that are administering available funds.
6. Set up and run healing circles and counselling for students
to help them deal with racism that happens inside the
schools and educational institutions.
7, Let parents, elders and community members know they
are important and have a right to be involved. Encourage
this involvement.
8. Do not support Local Education Agreements. Evenifyou
currently have one in place, continue to work towards a
Nation to Nation relationship.
9. Facilitate information sessions (locally, regionally,
provincially) for post-secondary students and provide
assistance in building the information network that they are
presently setting up.
10. Send out letters to politicians on strategies that you are
considering if no action is taken by Non-Aboriginal
governments to correct the situation.
aie f e Waa Annaaals A eee
ee At5 CRAIN 45 GENO ;
July 14, 1993 Meeting with DIA:
The following is a briefing given by Jim Fleury & John Ellis
on decisions that have been made with respect to Post Secondary
Allocations for 93-94.
In March of 1993 three options were put forth by the First Nations
Education Steering Committee and the Department. First Nations
of B.C. were to determine which of the three options they would
consider for the 93-94 allocations. The F.N.E.S.C. was responsible
for ensuring that all First Nations were consulted about this matter.
The F.N.E.S.C. was then to go forward and recommend a option
based on the consensus of First Nations of B.C. This-did not
happen. The F.N.E.S.C. stated to the department that Education
was a right therefor they could notbe seen to endorse an option. The
Summit then asked the Department to make a decision. The
department then decided on option three.
The department indicated that a letter has been sent out to First
Nations Chiefs & Councils, Tribal Councils, and Education
Administration Centers. This letter is in regard to the 93-94 Post-
Secondary Allocations. A print out of 1993-1994 Post Secondary
Allocations is also included in this package.
The Union of B.C. Indian Chiefs does not agree with the departments
method of determining a so called fair base for the 1993-1994 PSE
Allocation. We have drafted a letter to the department indicating
that we in no way agree with the approach that they have taken on
behalf of all First Nations of B.C.
Bilateral Agreement:
(See Joint Policy Update regarding the Bilateral Agreement.)
With this we wish to thank all the people who participated in the
Education Meeting and those that kept us informed with respect to
Education Issues. Your participation and support is greatley
appriciated. Feel free to contact us if we could be of any assistance
to you.
A reminder to all First Nations to send us any information you may
have about students who have been affected by the cut-backs. It is
essential that we continue to develop and maintain this data base.
JULY/AUGUST 1993
Page 3
[
UPDATE ON JOINT POLICY COUNCIL
As many of you have already been made aware, on June 11,
1993, the executive of the Union of British Columbia Indian
Chiefs signed a memorandum of Understanding (M.O.U.) with
the provincial government. This M.O.U. established a Joint
Policy Council (JPC) to address a wide range of provincial
policy issues affecting First Nations’ rights and interests and to
undertake a government-to-government approach to resolving
interferences with Aboriginal and Treaty rights of First Nations
by the Provincial government. The U.B.C.I.C. views the
process as an opportunity to build an ‘“‘exit door’’ for the
Provincial government to enable First Nation exercise of
inherent jurisdiction over its lands, resources and citizens. The
M.O.U. ensures that any discussions with the Province will not
in any way undermine First Nations’ bilateral Nation-to-Nation
relationship with Canada or with the Federal governments
fiduciary obligations to First Nation peoples.
WHAT IS THE STRUCTURE AND PROCESS?
The Joint Policy Council is comprised of members of the
U.B.C.1.C. Chiefs Council and members of the Provincial
Government Cabinet. The JPC will meet up to three times a
year to:
a) identify issues and approve or reject agenda
items between the Parties;
b) direct and coordinate discussions and
negotiations between the Parties;
c) negotiate government to government political
accords and protocols on a wide range of policy
issues; and
d) provide direction tothe Senior Officials Technical
Group.
The Senior Officials Technical Group is comprised of
U.B.C.I.C. senior technicians and provincial Deputy Ministers.
This group will meet at often as necessary to:
a) recommend agenda items to the JPC;
b) undertake technical analysis, research and
development activities to further the objectives
of the JPC;
Cc) prepare policy papers on specific agenda items
as directed by the JPC;
d) prepare options and set out recommendations
for the resolution of policy issues between the
Parties; and
€) establish small working committees as required,
by mutual agreement of the Parties.
A first meeting of the Chiefs with the Provincial Premier and
the Cabinet resulted in the passage of resolutions to begin the
work necessary to meet the objectives of an initial 6 agenda
items. These agenda items were narrowed down on a priority
basis from a larger list of issues developed between both parties.
The remaining issues are available as items for placement on
determined by the priorities of the parties. Since that meeting,
the Senior Officials Technical Group has met once to determine
the overall workplan for the first 6 agenda items.
WHAT ARE THE INITIAL AGENDA ITEMS?
The following sets out the objectives of the first 6 agenda items
along with an update on workplans to date.
I. FUNDAMENTAL PRINCIPLES OF TREATY MAKING
Objective:
The Joint Policy Council shall endeavour to
reach an agreement on fundamental principles
of treaty-making. The nature and scope of any
agreement reached by the Joint Policy Council
shall not derogate from the bilateral nation-to-
nation relationship between First Nations and
the Government of Canada, including the
constitutional authority of the government of
Canada to enter into treaties with First
Nations, or from the Government of Canada’s
fiduciary obligations to the First Nations.
Update:
The first fundamental principle of treaty making deals with the
non-extinguishment of Aboriginal Title and Rights. The
U.B.C.I.C. position has always been that Aboriginal title and
rights are inalienable and shall not be extinguished through
treaty. This principle has been given top priority but has been
tabled to the August meeting of technicians for determination of
a workplan in order to allow time for both parties to complete
their analyses of the most recent Court of Appeal decision of
Delgamuukw et al v. the Queen.
The remaining 9 principles deal with First Nation inherent
jurisdiction, First Nation consent to limitations on their
jurisdiction, First Nation ownership of their territories, First
Nation economic rights, First Nation rights to compensation,
ownership and protection of burial areas and sacred sites,
consent to Treaties, living Treaties and Treaty interpretation.
These will be dealt with as they fall within the scope of the
following agenda items and following resolution of the
extinguishment issue.
2. FIRST NATION HERITAGE PROTECTION
Objective:
Government to Government agreement providing for protection
of First Nation heritage sites and artifacts within the scope of
the inherent right of self-determination of First Nations.
Update:
The provincial government has tabled in the legislature a bill to
amend and strengthen heritage protection in British Columbia.
the agenda of the JPC at any time throughout the process as Continued page 5
=|
Page 4 JULY/AUGUST 1993
Continued from page 4
The bill contains a “‘non-derogation’”’ clause and a provision
authorizing the Minister of Tourism and Culture to enter into
agreements with First Nations for protection of First Nation
heritage sites and objects. The U.B.C.I.C. position is that First
Nations own their heritage and have jurisdiction over it. Our
priority is to reach agreement with the provincial government
(and the Federal government, where required) that recognizes
First Nations’ ownership and jurisdiction of their heritage and
sets out how the Province will assist First Nations in
implementing protection measures. A workplan is being
developed with December, 1993 as the target date for reaching
an agreement-in-principle.
3. ORDER-IN-COUNCIL 1036
Objective:
Government-to-Government agreement setting out a fair and
timely process for the resolution of road issues as an alternative
to the expropriation provisions under Order-in-Council 1036.
Update:
The U.B.C.I.C. position has been to seek rescission of the
expropriation provisions of the Order-in-Council. The
Provincial Government agrees that these provisions are
draconian but wants something to rely on in situations where
negotiations break down, The U.B.C.1.C. has scheduled a road
issues conference for July 21 and 22 to solicit First Nations
input. The issues and concerns of the provincial government
will be available for this conference to consider. Following this,
the technicians will meet at a working committee level with the
Ministry of Highways to set out the workplan for coming up
with options and recommendations to reaching an agreement.
4. EDUCATION - FIRST NATION FUNDING
Objective:
Government-to-Government agreement for transferring Indian
education funding for Kindergarten to Grade 12 from the
federal government to First Nations and from First Nations to
the Province of British Columbia and/or local School Boards,
ensuring effective First Nation control of Indian education
funding within the scope of the inherent right of self-
determination of First Nations.
Update:
The U.B.C.LC. has always maintained that only Nation-to-
Nation agreements with the Federal government can ensure
First Nation control over education. The Union has drafted and
circulated a draft Bilateral Agreement for this purpose. The
provincial government supports a bilateral/bilateral approach
and wishes to work with the U.B.C.L.C. to facilitate the
involvement of the federal government. Options for achieving
bilateral-bilateral agreements are expected by this October with
final agreements drafted by January, 1994. In the interim, the
U.B.C.LC, technicians will meet at a working committee level
with the Ministry of Education to discuss provincial public
education policy as it affects First Nation students.
5. CHILD WELFARE AND FAMILY SERVICES
Objective:
Government-to-Government agreement that:
1. Protection and support services for First
Nations children and families are solely the
responsibility of First Nations acting within
the scope of their inherent right of self-
determination; and
2. Provincial jurisdiction will be withdrawn from
the field of child welfare and family services
as First Nation assume jurisdiction and
control in this area.
Update:
The provincial government plans on having comprehensive
legislation dealing with child and family services as well as
adoption proclaimed by the fall of 1994. A workplan and
process for the review of this legislation as well as an
assessment of the impact of the federal/provincial cost sharing
agreement will be developed by a working committee that is
expected to meet before the end of July.
6. GEORGE MANUEL INSTITUTE OF INDIAN
GOVERNMENT
Objective:
Government-to-Government agreement to promote development
of the George Manuel Institute of Indian Government as a First
Nation-controlled post-secondary educational institution
focused on the development of leadership and administrative
skills required for implementation of First Nations’ inherent
right of self-determination.
Update:
The establishment of a working committee to access funding
sources has been tabled until provincial policy parameters on
post-secondary institutions has been clarified. The technicians
will examine whether or not an Indian controlled institution
will fit within such a policy framework or whether other options
are available to establish such a post-secondary institution.
Rhonda Johnson
JULY/AUGUST 1993
Page 5
RESOURCE CENTRE UPDATE
A Challenge 93’ grant has made it possible to hire a student
to help with several projects in the Resource Centre over the
summer and the automation of the Resource Centre catalogue
using the INMAGIC software is finally in its early stages. If any
UBCIC member bands wish to purchase the INMAGIC software
for records or library management, there is a 50% reduction in the
cost if it is ordered through us. Contact me if you would like more
information.
The Resource Centre collection has become primarily a
research collection since I started, prompted by my concern over
400 books which were signed out over the years and never returned.
At an average replacement cost of $20 peritem, this means that the
UBCIC has lost $8000.00 in materials out of the collection. Asa
result, the collection will be bar coded during the automation
project to make it possible in future to again loan out some items
from the collection and keep better control over their return. I
believe that bar coding the collection and bar coding borrower
cards in conjunction with a borrower deposit fee to be used against
replacement of unreturned books will alleviate many of the past
problems in getting books back. Placing a limit on the number of
books a single borrower may have out at any one time will also be
necessary in future.
Access to individuals other than UBCIC members has been
restricted over the summer to allow time for automation and other
projects. Access is still available Monday - Friday for UBCIC
members simply my identifying yourself as a member.
There are so many new publications around First Nations
topics that it is impossible to include more than a few key items
which may be of special interest. If you require more information
about these publications or other sources of information please call
me.
1. The Royal Commission on Aboriginal Affairs. Verbatim
testimony from Round 1 and Round 2 comprised of 20,000 pages
of text is available on 3 1/2" or 5 1/4" disk. This electronic
transcript requires an IBM compatible PC with DOS 3.0 or higher,
312K of RAM, and a hard disk with 13Mb free for each round. This
text retrieval software for Round | and 2 is approximately $500.00.
Subsequent Rounds will also be available from: Libraxus, Inc.
221 Patterson Ave.
Ottawa, Ontario K1S 1Y4
Tel/FAX (613) 567-2484
2. National Aboriginal Directory (1993 edition) will soon
beavailable. This invaluableand comprehensive directory includes
Tribal/District/Regional Councils and Non-Aligned Bands;
Organizations, Societies & Associations (Media and
Communications, Health, Justice, Housing, etc.) and a Business
and Advertising directory. It covers all of Canada and is indexed
both by province and for all of Canada. The 1993 edition will also
include the U.S.A. for the first time.
Available from: Arrowfax Canada Inc. Winnipeg, Manitoba
If you want to be advised when the new edition is available call toll
free 1-800-665-0037.
Presidents Message (Continued from page 2)
Furthermore, I am hopeful that similar opportunity, on a
nation-to-nation basis, will also come about in Ottawa as a result
of the upcoming federal election. If the electorate creates another
opportunity for change, it too must be seized in the interests of our
future generations.
In conclusion, the Union of B.C. Indian Chiefs has decided
to sit down now with the Province (and, if possible with a new
Federal Government in the future), in order to achieve concrete
results to improve the lives of our Peoples today and ensure
flourishing our Peoples unto Seventh Generation in the future. We
can, we must do no less.
Note: copies of the Memorandum of Understanding are
available for your information.
Resource Update (Cont'd)
3. IN PRINT Catalogue. Department of Indian and
Northern Affairs. This catalogue lists the many publications
available from DIA. Most are free. You can get a free copy of IN
PRINT from most Regional DIA offices or by calling Ottawa (819)
997-0380. This catalogue is worth the time and phone call it takes
to acquire it.
4. INFO SOURCE. Sources of Federal Government
Information 1992-1993 is a 904 page document available free by
calling the Treasury Board Distribution Centre in Ottawa at (613)
995-2855. This publication also contains an informative section
about access to information under The Access to Information Act
and The Privacy Act.
5. Indians and Taxation in Canada (rd edition 1992).
By Richard Bartlett.
Available from: Native Law Centre
University of Saskatchewan
Diefenbaker Centre
Saskatoon, Saskatchewan
S7N 0WO0
Price: $21.40
I have ordered the 76 microfilm reels of the Colonial
Correspondence (for British Columbia) from the Provincial
Archives. We should have the order filled by late Fall. No other
Library or Organization on the Lower Mainland owns these. Our
researchers will no longer have to travel to the Provincial Archives
in Victoria for information contained in the Correspondence.
As always, if I can assist in any way with your information
needs, please call me at 684-0231.
Wendy Ancell
UBCIC Librarian
Page 6
JULY/AUGUST 1993
]
ES.
The Union of B.C Indian Chiefs
will be celebrating their
25th Annual General Assembly
on October 26, 27, 28, 1993.
The location, theme and itinerary will be pro-
vided as soon as Chiefs Council makes their
final recomendations. As soon as these decisons are
clarified notices will be forwarded to you as soon as
possible so appropriate arrangements can be made.
Road & Highways
Issues Conference
Sept. 28, 29, 1993 (tentative)
Williams Lake, B.C.
UBCIC will reimburse travel and accomodation costs
for one representative from each First Nation attend-
ing the conference. Contact Halie Bruce or Dan
Gottesman after Sept.1, 1993 at 684-0231 or by Fax
684-5726 for agenda and further information.
DEAR Mr.
WONDERFUL
Is there something bothering you?
Looking for an answer? Write to
Mr. W. at UBCIC Newsletter!
I apologize for the inconvenience of being absent for
the past while but I have been very busy with road-
blocks, demonstrations and trying to convince Mr.
Mulroney to resign. I am sure you can understand
my situation. Anyways I succeeded and I'm back so
don't delay, and write today!
Mr. W.
THE LIGHTER SIDE...
You see,arunrmver,
WHEN PROPERLY MOTIVATED =|
WEY REALLY CAN BE
A SMALL PIECE OF HISTORY
Along time ago when the white man arrived they
decided to hire some Indians to cut them trails so they
could settle and establish a life on some land.
In exchange the Indians were paid with alcohol and
were told that if they ever ran into a confrontation
with other Indians they would receive an extra $1.00
per scalp.
So one day as these Indians were cutting the trails for
the white man they had a confrontation with a another
group of Indians. So they had a bit of a battle, and by
the time it was over they had made themselves some
extra money.
On one evening as the little tribe was settled in for the
night one Indian was awaken by some rustling noises
in the bushes.
Soon after he went out and scoped the situation he
discovered a whole entire tribe cutting a trail straight
toward their camp.
So the Indian, flabergasted with excitement, ran back
to his camp and said to his fellow brothers, "Wake
up, were rich!"
|
JULY/AUGUST 1993
Page 7
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an
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= 73 Water Street, Vancouver, B.C., Canada, V6B 1A1 Telephone (604) 687-4100, Fax (604) 684-5726 ‘0
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Part of Union of B.C. Indian Chiefs Newsletter (July/August 1993)