Union of B.C. Indian Chiefs Newsletter (July/August 1993)

1.06-01.08 Union of BC Indian Chiefs Newsletter

1.06.-01 Newsletters and bulletins sub-series

July 1993

english

1.06-01.08-04.02

8

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

Chief Saul Terry

Rhonda Johnson

Wendy Ancell

periodical

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 UNION OF B. C. INDIAN CHIEFS SUBSCRIPTION F O R M NAME: F O R OFFICE USE O N L Y DATE RECIEIVED: CHEQ/M.O. # EXPIRY DATE: ADDRESS: POSTAL/ZIP CODE: PROVINCE/STATE: 1 Y E A R SUBSCRIPTION NLETTER INDIVIDUALS: $35.00 NCLIPPING MEMBER BANDS: $75.00 TOTAL AMOUNT ENCLOSED Please make cheque or money order payable to: CHIEFS MASK INDIVIDUALS: $100.00 $ UNION OF B.C. INDIAN CHIEFS, 700-73 WATER STREET, VANCOUVER, B.C., V6B 1A1 BOOKSTORE & GALLERY 73 Water Street, Vancouver, B.C., Canada, V6B 1A1 Telephone (604) 687-4100, Fax (604) 684-5726 BOORS CONSIGNMENT ITEMS ACCEPTED ARTS & CRAFTS -FIRST NATIONS - JEWERLY (GOLD AND SILVER) - ABORIGINAL ISSUES - POTTERY - GOVERNMENT -PRINTS - L A N D CLAIMS - T-SHIRTS - LAW - LEATHERWORK -ART -MASKS - CHILDREN'S BOOKS - TEACHING AIDS - POETRY CALL, WRITE OR DROP IN TODAY! - BEADWORK - TRADITIONAL MUSIC - AND M U C H MORE ! Owned and operated by the Union of B.C. Indian Chiefs 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