Periodical
Union of B.C. Indian Chiefs Newsletter (February 1994)
- Title
- Union of B.C. Indian Chiefs Newsletter (February 1994)
- Is Part Of
- 1.06-01.08 Union of BC Indian Chiefs Newsletter
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- February 1994
- Language
- english
- Identifier
- 1.06-01.08-05.01
- pages
- 11
- Table Of Contents
-
IN THIS ISSUE...Message from the President............p. 2
Sto:Lo Inquiry......................................p. 3
Legal Update........................................p. 4
Mayan / Mexico Update .................P. 5
Resource Center Update................ p. 6 - Contributor
- Chief Saul Terry
- Anita Louie
- Lix Lopez
- Wendy Ancell
- Charles Tizya
- Type
- periodical
- Transcription (Hover to view)
-
Union of B.C. Indian Chiefs
NEWSLETTER
FEBRUARY
1994
OTTAWA ANNOUNCES DISCUSSIONS ON SELF-GOVERNMENT
BUT
W H E R E A R E T H E INDIANS?
On January 19, Indian Affairs Minister Ronald
Irwin announced that the new Liberal government's
first step in fulfilling its election promises would be a
series of meetings on " a b o r i g i n a l selfgovernment." The Department of Indian
Affairs issued the Minister's press release
and a backgrounder on the "inherent
right of self-government" the next
day. If the language in these
documents is an indication of new
policy directions, then First Nations
are in for a very big surprise. We have
disappeared!
The words "First Nations" and
"Indians" do not exist in the government's
four-page announcement. The
t e r m s "aboriginal peoples" and "aboriginal
s e l f - g o v e r n m e n t " are used t h r o u g h o u t
IN THIS ISSUE...
Message from the President
p. 2
Sto:Lo Inquiry
p. 3
Legal Update
p. 4
Mayan / Mexico Update
P. 5
Resource Center Update
p. 6
F E B R U A R Y 1994
\the documents in discussing the
government's approach to implementing
our inherent r i g h t o f selfdetermination. We have to ask:
W H E R E A R E T H E INDIANS?
W H E R E A R E OUR NATIONS?
It appears that our peoples'
inherent right of selfdetermination as nations
with distinct territories
is being lumped
together with the
inherent rights of
our aboriginal
sisters and
brothers. It
appears that
our political
rights are
being set apart
from our economic
and territorial rights. It
appears that the Royal
Proclamation of 1763 and
Section 91(24) of the B.N.A. Act
are being set aside by Canada in its
quest to implement "aboriginal selfgovernment."
. Did Minister Irwin simply make an honest
mistake in his choice of words? Or is this a sign of the
policies to come later this year? As we seek
clarification, we should bear in mind: self-government
•without sovereignty is termination.
Page 1
MESSAGE
FROM THE
PRESIDENT:
Federal Government Promises A New Era
The defeat of the Charlottetown Accord on October 26, 1992 was
followed one year later, on October 25, 1993, by the resounding electoral
victory of the Liberal Party. "Indian" Peoples generally do not place a lot of
hope in election promises, therefor, it should come as no surprise that
reference to recognition of our inherent governing systems has been made. In
likelihood, this will shape the agenda of the "Indian" nations for the next
decade.
The Minister of Indian and Northern Development, Ron Irwin, will
attempt to pull Indian self-government from our psyche over the next six
months. It should be noted that when you look closely at Mr. Irwin's press
release of January 19, 1994, there are no reference to "First Nations"
let alone our other acquired collective name "Indians". I shudder at the
thought, but are these the shadows of the Alternative Legislative Initiatives of
the late Progressive Conservatory government? I see shades of the
Charlottetown Accord; of Rule of Law; Federal and Provincial/Territorial
integrity; municipal style self government and fabricated styles of urban
self-government, which will be nothing more than the administration of
programs and services. This is a far cry from the recognition of our nations,
territories, cultures, and spiritual realities. There are also hints in the
Minister's press release that the old policies may continue to exist. While I hope with my whole being that the era
of lies, manipulation, abuse of power and arrogant bullying is over, I am not holding my breath. I would like to
believe that this Chretien government will honour its trust obligations to the "Indian " Peoples.
It remains, however, that for meaningful and substantive change to occur we must roll up our sleeves and get
to work. We must get the message across that we have worked hard over the last quarter century and laid down
principles or recognition, negotiation and implementation by which we firmly stand. Our forefathers and
elders demand it and our future generations and our grandchildren deserve it.
For these reasons, I as your President, will be meeting with other leaders of Indian organizations to seek our
common issues upon which to develop a strategy for achieving practical and lasting solutions. We must put these
firmly to the Federal Government. This must be done, otherwise ideas for legislation, policy and
program guidelines will, once again, be dictated by mandarins in the ministerial offices. As always your
comments, suggestions or questions are welcome. Send them along to our Vancouver or Kamloops offices.
BONE MARROW DONOR NEEDED
Dear First Nations, Tribal Councils,
Bands and Respected Leaders:
I am sending this letter to your
organization in order to find help and to
urge all First Nations people to donate
blood to their l o c a l R e d Cross
organization.
My cousin, Stan Luggi, was
diagnosed with a rare blood disorder
called Paroxysmal Nocturnal
Hemoglobinuria (PNH) i n 1988. P N H
is a disorder i n which red blood cells
are destroyed, resulting in bloody urine,
especially at night. A basic membrane
defect in the red blood cells is involved.
The cause is unknown, but it is linked to
abnormal bone marrow. Occurring
mainly in adults between 25 and 45
years of age, it has symptoms of
stomach and bowel pain, back pain, and
headache. Problems may be blood
Page 2
clotting problems and lack of iron.
Treatment includes giving blood, iron,
and drugs to halt blood clotting.
Since then his name has been
entered into numerous computers
throughout the world to enable a search
for possible blood matches and/or bone
marrow donors. My family has been
recently told that through this world
search they have not found a possible
donor. M y family is going to bve tested
after New Year's and hopefully someone
in our family will match Stan's needs.
I am w r i t i n g this letter to
encourage all First Nations Peoples to
please go to your nearest Red Cross
organization and donate blood. M y aunt,
Theresa Luggi, explained to me that i f a
non-Native person needed a bone
marrow transplant it would have to come
from a non-Native person. So, in my
cousin Stan's case it would have to come
from a Native person because we are told
that Native people have a unique white
blood cell "marker". The markers on
the white blood cells have to match with
Stan's. This is the main reason why I am
sending this letter to your organizations.
Please send this letter to your
organizations that you feel would be
interested. If you have any questions,
please feel free to contact me at work:
(604) 690-7211 or at home (604) 6907713.
I hope this letter finds the person
we need. Thank you very much and God
Bless You A l l .
Sincerely,
Anita Louie, Nadleh Whut'en Band
F E B R U A R Y 1994
STO:LO DEMAND INQUIRY
The Sto:lo people are demanding a full commission of inquiry
into the slipshod and insensitive handling by the B.C.justice
system of the tragic death of Gary Thompson, a young Sto:lo
father of two.
Thompson, just 29 when he was brutally beaten to
death by three men on Sept. 21, 1991, was trained as an
architect and came from a large, extended, loving Sto:lo
family. Their grief at his death has been intensified by the
bungling at every level of the judicial system which was
supposed to deliver justice in the death of their beloved son.
Police and investigators called the death of Gary
Thompson one of the most brutal beatings they had ever
witnessed. Yet the three killers walked away virtually scotfree: One gave evidence to the Crown and was never charged
and two walked away with sentences of one year and nine
months. The killers were portrayed in court as upstanding
young men under the influence of alcohol yet Gary had 54
lacerations on his body, head, abdominal and chest injuries.
The killer whose one-year sentence is up for appeal was not
too drunk to pick up a heavy cement block, three times, and
drop it on Gary's head from a great height. W h y did the judges
involved not consider the full facts in the death? How did
lesser charges get laid?
The family of Gary Thompson, his mother Doreen Bonneau
and his wife Maggie Pettis, the mother of his two young sons,
and the Sto:lo nation of 2,500 people residing in the Fraser
Valley will not rest until they have obtained justice in the
death of Gary Thompson.
Bonneau, full of grief at hearing the brutal fads of her
son's death in a court of law again today, asks: " W h e n is a
murder not a murder? Y o u throw a rock on someone's head
three times and that's not murder?" Bonneau and other family
members call the handling of the case including the charges
and the sentence " r a c i s t " and " a n insult."
The family wants answers to these questions about the
justice system's bungling of the case:
Skowkale Chief Steven Point, a lawyer and respected
community leader, is outraged that the three Appeal Court
judges considering an appeal of a one-year sentence handed
out to Gary's killer are restricted by law from considering the
family's pain and grief, the severity of the beating, eyewitness
evidence or the f u l l facts o f the case. T h e y cannot
even consider a new charge of murder, rather than the puny
charges o f manslaughter and assault that the Crown
inexplicably laid.
"The handling of this case brings the whole justice
system into disrepute," Point said Thursday outside the
downtown Vancouver courthouse. " H o w could a charge of
manslaughter or assault be laid in such a heinous crime as this,
and how can a man be walking free four or five months after
brutally beating an unconscious man to death?"
* W h y were there two different judges at the preliminary
hearing and the sentencing, and why did the sentencing judge
not even have a preliminary hearing transcript to tell him the
facts of the case?
The family had no knowledge that the Crown would lay
minimal charges against Gary's killers and they were outraged
when the Crown plea-bargained, without their knowledge or
consent, minuscule sentences with no trial. On August 27,
1993, Thomas Eneas got a one-year sentence for manslaughter
for caving in Gary's head with a cement block and brutally
beating him for almost 40 minutes. Troy Williams got nine
months for aggravated assault. A n appeal of Eneas' sentence
is being heard today in the B . C . Court of Appeal but he also is
up for parole on Jan. 13.
Human rights activist A z i z Khaki, of the Committee for
Racial Justice, demands: " I f this was a case of three native
guys brutally beating a white man to death, would you see a
charge of manslaughter and the killers walking free in less
than a year? I don't think so."
F E B R U A R Y 1994
* Why did the police not arrive on the scene until more than 40
minutes after the brutal beating began, despite more than one
911 call?
* Why did the Crown counsel not obtain and put before the
preliminary hearing and the sentencing judge the detailed
victim impact statements given to the Hope R C M P by family
members?
* W h y didn't the sentencing judge have an autopsy report
before him? W h y didn't the three appeal court judges even
have an autopsy report before them in the courtroom today?
* Why did the three appeal court judges not have victim
impact statements before them today, despite continued
involvement by V i c t i m s ' Assistance programs and the
repeated requests of the family?
Bonneau wants B . C . Attorney General Colin Gabelmann to
fully investigate the handling of this case. " I don't want
politicians or people in power to just take this and squash i t , "
said Bonneau. " I want people to know because we don't want
to be hurt anymore. I want justice for all of us, not just certain
people."
Union of B . C . Indian Chiefs president Chief Saul Terry,
citing a Christmas Eve death on his own reserve, said the
Thompson case " i s another example of the unequal, racist
treatment aboriginal people are handed out by this justice
system. This must stop."
GARY THOMPSON COMMITTEE
c/o June Quipp, P . O . B o x 2050, Hope, B , C . V O X 1L0
T e l : (604) 869-3050 Fax: (604) 869-7614
Page 3
LEGAL UPDATE
Corbiere et al v. Her Majesty the Queen
Case Summary
This is a case i n which certain members of the
Batchewana Indian Band who were not resident on the reserve
lands of the band challenged the validity of subsection 77(a) of
the Indian Act, certain provisions of the Indian Band Election
Regulations, and certain bylaws of the band on the basis that
they were contrary to sections 15, 2(d) and 7 of the Canadian
Charter of Rights and Freedoms, in that they required that
members of the band be normally resident on the reserve in
order to be eligible to vote in band elections and on other issues.
Analysis
We are advised by legal counsel for the Batchewana
Band that this decision is being appealed. The federal
government has filed a notice of appeal and Corbiere et al. have
cross appealed. The Batchewana Band is seeking an extension
of time to file a notice of appeal. For the balance of this
analysis, however, we will assume that the decision will stand,
and discuss the implications of the decision should it be upheld
on appeal.
The focus of the court decision is that both off reserve
and on reserve band members share an interest in the assets of
the band. In light of this fact, the court is concerned that only
on reserve members are given a voice in the management and
disposition of these assets. The court did not feel it appropriate
that off reserve band members should be excluded from the
decision making process with respect to these assets.
The court does not appear to be clear on where exactly
the line between decisions which require the input of the entire
band and those which may be limited to on reserve members
should be drawn. At one point the court refers disapprovingly to
provisions of the Indian Act which allow a band council elected
only by on reserve members to decide who should be given
possession of lands within the reserve (section 20). At page 20,
however, the court appears to approve of sections which give
power to the Chief and Council elected only by on reserve
members to deal with the management of "Indian moneys"
used for purely local purposes related to the provision of
education, social assistance, land management, and recreation
on the reserve. Despite this the court specifically declares the
election of Chief and Council by on reserve band members only
to be invalid in respect of the expenditure of Indian moneys
under subsection 66(1) of the Indian Act (expenditure of
revenue moneys).
Whether or not any particular decision requires the input
of both on and off reserve band members will depend on the
nature of that decision. Those decisions which are primarily
concerned with the disposition and management of the assets of
the band will generally require the input of the entire band,
while those decisions which are primarily concerned with the
regulation of life on the reserve may generally be restricted to
those band members living on reserve.
Page 4
The court also spends a great deal of time on history of
the Batchewana Band. The court finds as a fact that most of the
off reserve members of the Batchewana Band could not live on
reserve i f they wished because there were not adequate housing
resources to accommodate them. A n argument could, therefore,
be made that if band members lived off reserve due to their own
choice and preference rather than because the band was unable
to accommodate them on reserve then they would not constitute
a "disadvantaged group" in the same way that the off reserve
members of the Batchewana Band did. However, in our view
the heart of the court's decision in the Corbiere case is that both
on and off reserve band members share an interest in the assets
of the band. This legal finding is not affected by the reasons
underlying the fact that a band member does not live on reserve,
and it is this legal finding which gives rise to the right of both
on reserve and off reserve members to participate in decisions
with respect to these assets.
The court in Corbiere does not take the view that off
reserve band members must be given equal voice in all matters
pertaining to the government of the band. The court is quite
clear that there are many matters involving the regulation of life
on the reserve for which decision making powers are
appropriately confined to band members living on reserve.
Accordingly the decision does not affect the ability of Chief and
Council to deal with matters relating to the control and
regulation of life and conditions on the reserve as they have in
the past. When dealing with the management or disposition of
the assets of the band, however, both on reserve and off reserve
band members should be able to participate i n those decisions.
Accordingly we would recommend that when dealing with
surrenders, settlement agreements with respect to specific
claims, etc. Chief and Council should, in light of the decision
allow both on and off reserve members to participate in these
decisions.
It is our opinion, however, that the Corbiere case does
not require that off reserve band members be entitled to vote for
the election of Chief and Council. Rather the decision is
concerned with ensuring that off reserve band members have an
equal voice in the distribution, management and disposition of
the assets of the band.
If the decision stands, it will require changes to the way
in which certain decisions are made. It is most likely that the
response from the Federal Crown would be in the form of
amendments to the Indian Act. Rather than amending the
provisions with respect to the election of Chief and Council,
however, it would be possible to address the concerns raised in
the Corbiere decision by amending those sections of the Indian
Act which deal with the management of the particular assets in
question. Such amendments would require that off reserve band
members have a voice in decisions affecting these assets.
Finally, we would point out that there may be arguments
based on section 35 of the Constitution Act for limiting the
application of this decision. If a particular form of government
and decision making is grounded in the customs and traditions
of the people rather than in the Indian Act it may be protected
from the implications of the Corbiere case. Section 25 of the
Constitution Act states that:
Continued page 8
F E B R U A R Y 1994
INTERNATIONAL UPDATE - MAYAN / MEXICO
January 7, 1994
The Rt. Honourable Jean Chretien
Prime Minister of Canada
House of Commons
O T T A W A , Ontario
K1A 0A6
Dear Mr. Prime Minister:
We are writing this letter to express our mutual concern regarding
the deplorable situation of the Mayan Indian people in the southern
state of Chiapas, Mexico and the disastrous economic impacts the
North American Free Trade Agreement will have on them. N A F T A ,
and specifically corn imports were the catalyst for the armed
uprising. N A F T A ' s goal of making Mexico's countryside more
productive means that many small farmers will be forced to leave
the land (if they have any) and move elsewhere to take advantage
of better jobs. Coffee and corn prices, on which many people in
Chiapas depend, are low. N A F T A will lower corn prices even more
as duty-free American corn hits the Mexican market, further
driving down the price of locally grown corn. The fear is that the
North American Free Trade Agreement will undercut what are
already low corn prices, threatening the very foundations of the
traditional Mayan life and values.
However, this crisis is not only economic in nature. It is also
the latest episode in a long, unbroken litany of injustices and longstanding grievances experienced by the Mayan Indian people.
Mexico has a long history of colonization, institutionalized racism,
discrimination, human rights violations, and cultural genocide
perpetrated against its Indigenous peoples, beginning with the
Conquistadores i n 1524, and perpetuated by successive
governments, the ruling elites, and other structures. This is a 500
year old struggle.
Most Indian people in Mexico live in abject poverty. This
already low standard has been steadily declining. N A F T A will
further impoverish the Mayan Indians in Chiapas, as well as
millions of other Indian people and other Mexicans. For centuries
Indians have been systematically robbed of their ancient communal
lands. Even though the Salinas government and the World Bank
has poured more money into Chiapas than any other Mexican state,
the corrupt, oligarchical government institutions that have ruled
Chiapas, and indeed all of Mexico, for centuries still exist today.
The former governor of the State of Chiapas, Patrocinio
Gonzalez Blanco Garrido, who has long turned a blind eye to local
human rights violations, was named last year to a cabinet level
position as President Salinas' Interior Minister. The local authorities
and the army conspired with cattle ranchers to divest Indians of
their communal lands, which eventually ended up in the hands of
wealthy ranchers. The army harassed and intimidated local
Indians. The Mayan Indians have been driven into a last refuge in
the mountains. Most of the regions Indians scrape out a meagre
living labouring on the large corn and coffee plantations owned by
a few rich families. Many Indians earn less than $2.00 per day.
Some work as sharecroppers, growing corn on land they rent, then
selling it for a few pesos.
F E B R U A R Y 1994
Since these aforementioned facts are well known, we find
it utterly appalling that your government signed N A F T A . Canada
clearly should not have signed this agreement until Mexico agreed
to and implemented major reforms. We therefore ask your
administration to:
1. Closely monitor the situation in Chiapas and all of Mexico,
remaining openly critical of any human rights abuses against
Indigenous people or other Mexicans. (We have learned, for
example, that on January 5, 1994 witnesses reported that seven
suspected insurgents were bound, then forced to lie on the ground
before being fatally shot in the head in the public marketplace in
the Mayan town of Ocosingo, Chiapas).
2. Insist to the Mexican government that environmental and labour
standards be substantially improved.
3. Insist to the Mexican government that amnesty be granted to
Mayan Indian prisoners.
4. Insist to the Mexican government that Indigenous people in
Mexico are protected from the detrimental effects of N A F T A , and
that special economic development initiatives for Indigenous
peoples be created.
5. Insist to the Mexican government that genuine land reform must
occur throughout Mexico to assure that all Indigenous peoples, as
well as other poor Mexicans have an ample land base on which to
survive and flourish, and that all lands taken from the Mayan
Indians of Chiapas be returned.
6. Insist to the Mexican government that meaningful dialogue with
Mayan and other Indigenous leaders throughout Mexico take place
to settle their longstanding grievances, and that these dialogues be
monitored by internationally respected human rights organizations
and Indigenous observers from other countries.
7. Insist to the Mexican government that the languages and
cultural identities of the Indigenous peoples of Mexico be officially
recognized, promoted and preserved.
8. Insist to the Mexican government that discrimination,
institutionalized racism, and cultural genocide against the
Indigenous peoples in Mexico be stopped.
Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry,
President
V A N C O U V E R M A Y A N INDIAN SUPPORT GROUP
Lix Lopez, Spokesperson
Page 5
One Citizens Opinion
Dear Chief Robert Bruce Jr.,
UBCIC RESOURCE CENTRE
Selected List of New Materials
There are so many materials being published on First Nations
issues that it is overwhelming. It makes my job of selection for the
Resource Centre collection difficult because there are so many
materials and only so much money for acquisitions. Here is a
selected list of materials currently available which may be of
special interest. If you have any questions about any of these
materials please call me at 684-0231 or F A X me at 684-5726 in
Vancouver.
First Nations Taxation: Dynamic Strategies - Emerging Issues.
Proceedings of the Conference sponsored by the Native
Investment and Trade Association, held in Vancouver, December
2 & 3,1993. Includes materials on Income Tax; Commodity Taxes
and other Levies; Tax Issues for Aboriginal Business; materials on
' 'New Directions"; and, on the Impact of Financial Institutions. It
is a substantial document.
Available from: Native Investment and Trade Association
Box 150 - 1111 Melville Street
Vancouver, B.C. V 6 E 3 V 6
Phone 684-0880 F A X 684-0881
Cost: $50.00 total (prepayment not required)
The Mechanics of Aboriginal Land Settlements: Preparing
and Negotiating Claims. Proceedings of the Conference
sponsored by the Native Investment and Trade Association,
held in Vancouver, September 30 & October 1,1993. Includes
materials on Comprehensive and Specific Claims and on Negotiating
Techniques and Strategies.
Available from: Native Investment and Trade Association
address given above
Cost: $50.00 total (prepayment not required)
Consolidated Native L a w Statutes, Regulations and Treaties,
1994. This is a new publication from Carswell, one of the top two
legal publishers in Canada. It puts all the legislation and regulations
relevant to First Nations in one place. It is up-to-date as at October
1993. It also includes copies of the major treaties, the Royal
Proclamation of 1763, etc. This is an indispensable reference
source.
Available from: Carswell
One Corporate Plaza
2075 Kennedy Road
Scarborough, Ontario
M I T 3V4
Toll free 1-800-387-5164
Cost: $42.00 +GST ifapplicableplus$3.77shippingand handling.
Continued page 8
Page 6
I am writing this letter to you, for you are a representative and
listener for our people as elected chief of the Vuntut Gwitchin, I
felt it was time I expressed my concerns and share some of the
knowledge and wisdom I know i n my heart and fully
understand in relation to the land claim process.
First of all, I offer respect, sharing, caring and honesty,
first to you as a person, and to you as elected chief of the Vuntut
Gwitchin. I know you hold a great responsibility and you have a
hard task. I am not writing this letter out of malice, anger or
hate, but rather out of respect, love and understanding. After
long thought and contemplation, I fully understand who I am,
why I am here, where I came from, and where I am going. I live
and breath my heritage. M y bloodlines which date back
thousands of years with the -- Netro--, is something I have
learned to accept once I began to heal and started to see and feel
more clearly. I have also accepted gifts from my father's side
the -- Tizya --. So, this is how I am talking to you, not as a well
educated and well-read person, but as an "Indian". I rely very
much on my relationship with, first and foremost our
"Creator", our "Elders", our "children" and the " L a n d " .
Over the years I have been fortunate enough to have had great
knowledge and "wisdoms" shared with me. I do not take these
gifts or accept them of myself, although they are a part of me. I
can only attribute them to those who have shared with me, after
hard work and sacrifice, on their part. These gifts have been
handed to me - freely! They have been handed to me - for me,
to measure within myself and then come to a decision as to how
I will use them according to my abilities, for the betterment of
my people, and my "Nation".
As long as our negotiators are negotiating, whether in
secret and/or across the table, the giving up of "Aboriginal
Rights" and "Aboriginal Title", as defined by our "Elders" in
relation to "True Indian Government" and the "Great Spirit"
and the responsibilities we hold to the "Great Spirit" as
extinguishment of our "Aboriginal Rights and Title" in any
+CANNOT give my consent in any form to the existing claim
which was presented to me — by mail.
Having gone over the documents which were sent to me
by the Vuntut Gwitchin Tribal Council over the past months,
over the years of 1992 and 1993,1 have come to the conclusion
that the present - C l a i m - is a T H R E A T , not only to me but
also to my way of life, the lives of my children and to those that
will surely follow and those who will have to live under this
" C l a i m " . I am not attacking nor am I saying the land-claims
process is wrong. I am saying, how this whole process ends
could mean whether it will benefit our people or end up in dire
consequences.
It would be the easy thing to do, to laugh off, ridicule,
down play or ignore this letter. I do not have a doubt that this
will occur. Some may even feel the need to twist my words! But
that will not change the reality of what will happen to the
Vuntut Gwitchin in the years following the signing of this
Continued page 7
F E B R U A R Y 1994
(Continuedfrom page 6)
paper. As long as extinguishment of our "Aboriginal Rights"
and "Aboriginal Title" is in place within the Vuntut Gwitchin
Claim, we can be very sure, in ten short years or probably less,
the true implications of this "Legal Document" will "bare it's
face!" Remember, the moment this document is signed, there
will be no turning back.
We, as "Indian People" do not, truly understand the
"Legal Processes and Procedures" which are being thrust upon
us. When the Canadian Government talks " l e g a l " , you can be
sure that there are many ways this legal talk can be interpreted
back to us. They are constantly at work and finding ways
around our legal position ~ even this should be telling us
something and yet I see not too many people with the awareness
or the heart to ask "hard questions". They have designed their
strategy to the point where we don't care any more. When we
given up this gives them and those who help them a free hand
to do what they want with our lives. I know, right now,that not
too many people in Old Crow and a lot of other places for that
matter, do not truly understand what they may vote yes to,
because I know they have not been told or have been shown the
"whole picture" and all that is involved and what is so
important in what we need to know, so we can make a fair
decision for ourselves, as a " N a t i o n " . Look at how we have
been struggling for the past twenty years or so, with the Land
Claims. Many of us are so fed up and frustrated we don't care
any more. And for all those who are pushing the existing land
claim, this negative attitude gives them a free hand to do what
they want with our lives.
Many of us, all over Indian Country, talk about "SelfGovernment" and I see and hear many of us defining selfgovernment exactly the way a member of representative of the
Canadian Government would. When a l l the while our
"Elders" all over this Great Island, which being North and
South America, are trying to tell us what Self-Government
really is. Many of our leaders are saying and put on a show,
that they listen to the "Elders", but what they say and do and
even the terms on which they negotiate and the Vuntut
Gwitchin Land Claim is proof that they do not listen to what the
" O l d Ones" are saying.
We are not a " N a t i o n " of ourselves, we cannot stand
alone. Without the other Indian Nations all over this Great
Island we could not have possibly survived, not alone, and it is
the same today, this fact has not changed. Without the Indian
Nations being her first -the first White explorers also would
not have survived. Our Elders are telling us " I n d i a n
Government was and still is, in existence and has been for
thousands of years.'' Our way of Government was developed,
implemented, maintained, and recognized nation to nation long
before our White brothers came across the waters.
The Canadian Government has had a lot of time to plan
and implement their land claims process, since 1947. The
finally came to the realization that assimilation was doomed to
failure. Before assimilation the Canadian Government had
begun the taking of lands by a process known as "Genocide."
Genocide meaning the outright killing of one nation by another
nation. They also had to put a stop to this due to the outcry of
the European population, therefore the Kings and Queens had
F E B R U A R Y 1994
to demand the cessation of this process. So now the Canadian
Government has only one recourse to gain title to the land and
that is through the land claims process — there is nothing else
left for the now. The time has come for the Canadian
Government to begin acceptance of who and what we are and
the part we have to contribute, not only to Canada but to the rest
of the world. It's time for us to stop this constant giving in to
all their wants and expectations. The Vuntut Gwitchin Land
Claim as it now stands before ratification, is a sure indication
that we as a people will literally end up with - nothing.
The few Indian nations that have come to the Yukon
Territory from other places, such as Alaska who have signed a
land claims agreement involving the extinguishment of
Aboriginal Rights and Title in return for cash settlement, have
come with their warnings. They are now paying dearly for their
haste and mistaken decisions. So after having learned such a
hard lesson and I emphasize "hard", they, out of desperation
and frustration see the importance of warning those of us who
have not yet signed a similar agreement and the Vuntut
Gwitchin Claim at this point in time falls into that category.
Even after these warnings, I am dumbfounded to see that no one
is listening. Our present leaders, I feel, only hear what they
want to hear, when they hear something that hurts their ears,
they feel threatened so they carry on like nothing happened. Or
else they say, that's not us — well i f anyone with common sense
takes a good look anyone can see that it is us. It seems to me all
that matters is the few million we are going to receive over the
next few years. It won't take long for those few million to be
used up. A greater percentage is already owed back to the
Canadian Government. Look at the economy today, to make a
million dollars with anything it has to be invested and used for
big business. In the business world a million dollars is chicken
feed — nothing! What Indian or groups of Indians do you
know, that can handle vast amounts of finance — successfully?
Very, very few i f any! If we as people tried to enter into big
business and that is the only way to go, if you take our situation
into consideration, or we formed a corporation or even entered a
part of the private sector, the business community would chew
us up and spit us out — broke! That's the real world of
business. I would hate to imagine what will happen once we
find we have to enter into the world of big business. Look at the
news media; everyday big businesses are going under. Some
that have survived for years and years, even they are finding it
hard to keep their heads above water. Even i f the Vuntut
Gwitchin were to form a corporation we would go under the
thumb of the Federal Government of Canada. A g a i n , a
corporation is big business with very harsh rules and guidelines
to follow. If you look really close at a corporate contract and
you find the "right" person to explain it and if you receive the
right advice, you will find this to be true. The few business
ventures the Yukon Indians are now involved in (and don't fool
yourself into thinking these are big business ventures), those
attempting these are now finding out for themselves how hard
business can be. A n d that is just the beginning. If we are to
succeed in business, we must take the reins ourselves. It won't
take long for those few millions to disappear.
Continued page 9
Page 7
Legal Update (Continuedfrom page 4)
The guarantee in this Charter of certain rights and
freedoms shall not be construed so as to abrogate or derogate
from any aboriginal, treaty or other rights or freedoms that
pertain to the aboriginal peoples of Canada including
(a) any rights or freedoms that have been recognized
by the Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that now exist by way of
land claims agreements or may be so acquired.
If it could be established that the decision making
process provided for by the Indian Act is a recognition of
traditional practices of confining decision making power to
those resident within the community then the discrimination
argument based upon section 15 of the Charter would not be
available.
In summary, the Corbiere decision does raise concerns
about how Chief and Council exercise their decision making
power with respect to the disposition and management of the
assets of the band. However, so long as provision is made to
include the voice of off reserve band members in these types of
decisions it should not otherwise interfere with the ability of
Chief and Council to conduct their other governmental
functions.
Resource Centre Update (Continuedfrom page 6)
(May have to be prepaid if you do not have an account with
Carswell)
You can also establish a "standing order" for the annual
revisions which will be sent to you automatically when they are
published.
Arrowfax National Aboriginal Directory. The new edition of
this invaluable directory is finally available. This directory
provides addresses, phone and fax numbers for just about any
and every First Nations any and everything across Canada and
in the North. It is well indexed and easy to use in its new
binder format.
Available from: Arrowfax
P.O. B O X 66009, Unicity Postal Outlet
Winnipeg, Manitoba R3K 2E7
Toll free 1-800-665-0037
Cost: 25.00 + $1.75 GST i f applicable
You can order Arrowfax directories using the toll free number.
They will ship the directory and include an invoice.
Boundaries of Home: M a n n i n g for Local Empowerment.
"Boundaries of Home" will help you find, use and create maps
using libraries, to oral histories to sophisticated computers.
Introduces a wide range of home-grown, creative maps that are
useful as models for everything from land claims to local histories.
Available from: New Society Publishers
P.O. Box 189
Gabriola Island, B . C . V 0 R 1X0
F A X 247-7471
Cost: $13.95 + GST i f applicable
Aboriginal Rights, Aboriginal Justice, and Aboriginal SelfDetermination. is an annotated bibliography by Ted Pays, Ph.D,
Simon Fraser University. This 300 page document with over 140
annotated articles provides an extensive overview of the burgeoning
literature in the realms of aboriginal rights, aboriginal justice, and
aboriginal self-dermination. The document helps researchers
better identify materials of particular relevance to their interest,
and introduces them to sources they might not otherwise have
found.
Available from: Institute for Studies in Criminal Justice Policy
SFU at Harbour Centre
515 West Hastings St.
Vancouver, B.C. V 6 B 5K3
291-5198 F A X 291-4140
Cost: $25.00 total (You can F A X them an order request and they
will invoice you).
Upcoming L i b r a r y Skills Workshops
Of interest to those staff of Bands, Tribal Councils and other
First Nations organizations that take care of library/archives
collections, will be upcoming 4-day library skills workshops held
here in Vancouver at the George Manuel Institute, the first of which
is tentatively planned for early March. Look for more detailed
information in mailouts coming scon or call me for more information
(684-0231).
Wendy Ancell
U B C I C Librarian
Also from Arrowfax:
International Intertribal Directory. Includes Canadian and
U.S. listings. Being published in February, 1994.
Cost: $35.00 + GST i f applicable
North A m e r i c a n Indian Bingo & Casino D i r e c t o r y .
Published twice a year. Next issue available this month.
Cost: $10.00 + GST if applicable.
Page 8
"I make it three million shopping days to Christmas."
F E B R U A R Y 1994
One Citizens Opinion (Continuedfrom page 7)
We, as an Indian Nation have a desperate need for
healing, and there is no one single Indian who can say they are
not sick and I'm talking about our Mental, Physical, Emotional,
Sexual and Spiritual sickness! The impact of abuse is one
hundred percent on our Nation, we are not different than any
other, and I mean all nations with this society as a whole.
Healing must come first! For those who don't know, the
Canadian Government has a legal — this is by law —
International L a w — they have a legal obligation to help lead
the Indian Nations to self-determination. A n d helping us to
heal is a part of self-determination.
If we attempt to use the land claims monies to help
ourselves, these attempts will be to no avail. For we are not
healthy. How many Indians do you know who are sick from
A l c o h o l i s m , C h i l d molestation, Incest, Wife-beating,
Criminality and the list goes on. These sicknesses are so
ingrained within our communities we actually believe these
things to be normal. W e l l , they are not normal. A n d I for one
admit to my sickness and have begun my healing process and
have become a better human being for it. Right now my worst
enemy is — ourselves. Under our present condition all the land
claims money will be lost, gone in a few years, then we'll have
to start selling those few plots of land that have been set aside
to pay taxes and expenses. Taxes and expenses are set aside to
pay taxes and expenses. The Canadian Government has
designed all kinds of ways to tax. One way or another they're
going to get their money back, no matter what they agree to on
paper, they already know and have worked the ways in which
the same money we receive is going to be back in their
treasury. Only the next time it's going to stay there.
It is a known fact that no Indian Nation within the
borders of Canada, have ever been conquered, and also those
who have not yet given up or extinguished their ' 'Aboriginal
Rights" and "Aboriginal T i t l e " still to this day maintain
" t i t l e " to the lands, " l e g a l l y " . This is why the Federal
Government of Canada is so desperately trying to get us to
give up our rights and title. A n d they have developed a well
known process, known down through history. Known to many
nations throughout the world as " D i v i d e and Conquer".
For any peoples to survive as a nation, they must have the land
base. For everything comes from the land, our homes, the
money in our pockets, our clothes, the food on our table,
everything. Everything comes from Mother Earth and
everything will go back to her, as sure as the grass will grow.
In our present situation, the land base which I speak of, the
land base the Canadian Government is trying so hard to get, is
the Title and Rights they are asking us to extinguish for a few
million dollars. In consideration of the present land claims
which has been presented to us as an offer of good will to
make up for the last few hundred years by the Canadian
Government, and understanding why this process has been
presented, then we must be very careful what we accept or
agree to in relation to our survival as a " N a t i o n " . Whether
the Canadian Government accept us as a Sovereign Nations or
not, it does not change the fact that we still possess the legal
F E B R U A R Y 1994
title to all lands known as "Rupertland" or what we call
"Indian Territory"!
We must rely on our true strength, the true strength in
knowing who and what we are. For any one person or any
nation to know where they are going, they must know where
they came from. Our true strength lies in our relationship with
our Creator, our Elders, the People and the Land and our
responsibilities to they Creator, our Elders, the People and the
Land.
I know many people have worked hard to get to where
we are today, but that does not mean that what has been
accomplished is right. Not when the purpose is extinguishment
of our Rights and Title. I f we stand and speak out, and
negotiate as a true Indian Nation, then there is nothing on this
earth that can stop us. Back when the Canadian Government
all of a sudden announced their willingness to negotiate the
land claims, a lot of people got caught up in this new found
freedom, but then there were those who sat back and asked —
Why? A n d that is a good question! W h y do they want to
negotiate i f they have always claimed they have title to the
land. If they have title why don't they just take it? There is
something stopping them and you can bet that it's something
legal that's stopping them from — just taking the land.
THINK!
Through it all, and having come full circle, I was born
"Indian", I was lost for a while, but now I am a true Indian.
Taking this into consideration I will never change my way of
life, nor will I give anyone consent to do so. Especially when
my existence and the existence of my nation and my people,
are on the line. I have heard from well experienced people that
certain individuals, who are totally committed to this land
claim within the political arena can be very cruel, when they
feel threatened by persons like myself. I have been told their
cruelty goes even to the point of hurting children, i f this is so,
then so be it. A s long as those people can answer when the
time comes to answer, and that day w i l l surely come,
regardless I will never change my stance, not even when my
body is laying on a platform up in the mountains and the
eagles come for me~I will not have changed!
I pray you will take the time to sit down quietly and feci
out this message. Don't just think about it, don't just reason it,
but feel it with the heart for an open heart will always reveal
the truth. A n d the road of truth, The Red Road, is sometimes
hard to walk, and yet for "good of our people" we must walk
it. So many of us, all we think about is what money can do.
We never consider the down side. W e never take the legal
aspect into account then we pay dearly for it, and the sad thing
is our children pay a heavier toll!
So I say, with all respect to you and your loved ones,
and to the Vuntut Gwitchin,
Thank You
Charles Tizya
Page 9
UNION OF B. C. INDIAN CHIEFS
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Owned and operated by the Union of B.C. Indian Chiefs
Page 10
J A N U A R Y 1994
Union of B.C. Indian Chiefs
NEWSLETTER
FEBRUARY 1994
OTTAWA ANNOUNCES DISCUSSIONS ON SELF-GOVERNMENT
BUT
WHERE ARE THE INDIANS?
On January 19, Indian Affairs Minister Ronald the documents in discussing the
Irwin announced that the new Liberal government’s government’s approach to implementing
first step in fulfilling its election promises would be a our inherent right of self-
series of meetings on ‘‘aboriginal self- determination. We have to ask:
government.’’ The Department of Indian WHERE ARE THE INDIANS?
Affairs issued the Minister’s press release WHERE ARE OUR NATIONS?
and a backgrounder on the “‘inherent It appears that our peoples’
right of self-government’’ the next inherent right of self-
day. If the language in these determination as nations
documents is an indication of new with distinct territories
policy directions, then First Nations is being lumped
are in for a very big surprise. We have together with the
disappeared! inherent rights of
The words ‘‘First Nations’’ and our aboriginal
‘‘Indians’’ do not exist in the government’s sisters and
four-page announcement. The brothers. It
terms ‘‘aboriginal peoples’’ and ‘‘aboriginal appears that
self-government’’ are used throughout our political
rights are
being set apart
from our economic
and territorial rights. It
appears that the Royal
Proclamation of 1763 and
Section 91(24) of the B.N.A. Act
IN THIS ISSUE ...
meesseseram aie Erestdent p2 are being set aside by Canada in its
Sto:Lo Inquiry p.3 quest to implement ‘‘aboriginal self-
government.”
Legal Update p. 4 Did Minister Irwin simply make an honest
mistake in his choice of words? Or is this a sign of the
policies to come later this year? As we seek
clarification, we should bear in mind: se//-government
without sovereignty is termination.
Mayan / Mexico Update —sesP. 5
Resource Center Update ____ p. 6
FEBRUARY 1994 mm wetade CEES Page |
oy a ee |
Federal Government Promises A New_Era
The defeat of the Charlottetown Accord on October 26, 1992 was
followed one year later, on October 25, 1993, by the resounding electoral
victory of the Liberal Party. ‘‘Indian’’ Peoples generally do not place a lot of
hope in election promises, therefor, it should come as no surprise that
reference to recognition of our inherent governing systems has been made. In
MESSAGE
FROM Trle
PRESIDENT;
firmly to the Federal Government.
likelihood, this will shape the agenda of the “‘Indian’’ nations for the next
decade.
The Minister of Indian and Northern Development, Ron Irwin, will
attempt to pull Indian self-government from our psyche over the next six
months. It should be noted that when you look closely at Mr. Irwin’s press
release of January 19, 1994, there are no reference to ‘‘First Nations’’
let alone our other acquired collective name ‘‘Indians’’. I shudder at the
thought, but are these the shadows of the Alternative Legislative Initiatives of
the late Progressive Conservatory government? IJ see shades of the
Charlottetown Accord; of Rule of Law; Federal and Provincial/Territorial
integrity; municipal style self government and fabricated styles of urban
self-government, which will be nothing more than the administration of
programs and services. This is a far cry from the recognition of our nations,
territories, cultures, and spiritual realities. There are also hints in the
Minister’s press release that the old policies may continue to exist. While I hope with my whole being that the era
of lies, manipulation, abuse of power and arrogant bullying is over, I am not holding my breath. I would like to
believe that this Chretien government will honour its trust obligations to the “Indian “* Peoples.
It remains, however, that for meaningful and substantive change to occur we must roll up our sleeves and get
to work. We must get the message across that we have worked hard over the last quarter century and laid down
principles or recognition, negotiation and implementation by which we firmly stand. Our forefathers and
elders demand it and our future generations and our grandchildren deserve it.
For these reasons, I as your President, will be meeting with other leaders of Indian organizations to seek our
common issues upon which to develop a strategy for achieving practical and lasting solutions. We must put these
This must be done, otherwise ideas for legislation, policy and
program guidelines will, once again, be dictated by mandarins in the ministerial offices. As always your
comments, suggestions or questions are welcome. Send them along to our Vancouver or Kamloops offices. @
BONE MARROW DONOR NEEDED
Dear First Nations, Tribal Councils,
Bands and Respected Leaders:
Iam sending this letter to your
organization in order to find help and to
urge all First Nations people to donate
blood to their local Red Cross
organization.
My cousin, Stan Luggi, was
diagnosed with a rare blood disorder
called Paroxysmal Nocturnal
Hemoglobinuria (PNH) in 1988. PNH
is a disorder in which red blood cells
are destroyed, resulting in bloody urine,
especially at night. A basic membrane
defect in the red blood cells is involved.
The cause is unknown, but it is linked to
abnormal bone marrow. Occurring
mainly in adults between 25 and 45
years of age, it has symptoms of
stomach and bowel pain, back pain, and
headache. Problems may be blood
clotting problems and lack of iron.
Treatment includes giving blood, iron,
and drugs to halt blood clotting.
Since then his name has been
entered into numerous computers
throughout the world to enable a search
for possible blood matches and/or bone
marrow donors. My family has been
recently told that through this world
search they have not found a possible
donor. My family is going to bve tested
after New Year’s and hopefully someone
in our family will match Stan’s needs.
I am writing this letter to
encourage all First Nations Peoples to
please go to your nearest Red Cross
organization and donate blood. My aunt,
Theresa Luggi, explained to me that if a
non-Native person needed a bone
marrow transplant it would have to come
from a non-Native person. So, in my
cousin Stan’s case it would have to come
from a Native person because we are told
that Native people have a unique white
blood cell ‘‘marker’’. The markers on
the white blood cells have to match with
Stan’s. This is the main reason why Iam
sending this letter to your organizations.
Please send this letter to your
organizations that you feel would be
interested. If you have any questions,
please feel free to contact me at work:
(604) 690-7211 or at home (604) 690-
7413.
I hope this letter finds the person
we need. Thank you very much and God
Bless You All,
Sincerely,
Anita Louie, Nadleh Whut’en Band
L
Page 2
all
FEBRUARY 1994
STO:LO DEMAND INQUIRY
The Sto:lo people are demanding a full commission of inquiry
into the slipshod and insensitive handling by the B.C.justice
system of the tragic death of Gary Thompson, a young Sto:lo
father of two.
Thompson, just 29 when he was brutally beaten to
death by three men on Sept. 21, 1991, was trained as an
architect and came from a large, extended, loving Sto:lo
family. Their grief at his death has been intensified by the
bungling at every level of the judicial system which was
supposed to deliver justice in the death of their beloved son.
Police and investigators called the death of Gary
Thompson one of the most brutal beatings they had ever
witnessed. Yet the three killers walked away virtually scot-
free: One gave evidence to the Crown and was never charged
and two walked away with sentences of one year and nine
months, The killers were portrayed in court as upstanding
young men under the influence of alcohol yet Gary had 54
lacerations on his body, head, abdominal and chest injuries.
The killer whose one-year sentence is up for appeal was not
too drunk to pick up a heavy cement block, three times, and
drop it on Gary’s head from a great height. Why did the judges
involved not consider the full facts in the death? How did
lesser charges get laid?
Skowkale Chief Steven Point, a lawyer and respected
comununity leader, is outraged that the three Appeal Court
Judges considering an appeal of a one-year sentence handed
out to Gary’s killer are restricted by law from considering the
family’s pain and grief, the severity of the beating, eyewitness
evidence or the full facts of the case. They cannot
even consider a new charge of murder, rather than the puny
charges of manslaughter and assault that the Crown
inexplicably laid.
“*The handling of this case brings the whole justice
system into disrepute,’’ Point said Thursday outside the
downtown Vancouver courthouse. ““How could a charge of
manslaughter or assault be laid in such a heinous crime as this,
and how can a man be walking free four or five months after
brutally beating an unconscious man to death?”’
The family had no knowledge that the Crown would lay
minimal charges against Gary’s killers and they were outraged
when the Crown plea-bargained, without their knowledge or
consent, minuscule sentences with no trial. On August 27,
1993, Thomas Eneas got a one-year sentence for manslaughter
for caving in Gary’s head with a cement block and brutally
beating him for almost 40 minutes. Troy Williams got nine
months for aggravated assault. An appeal of Eneas’ sentence
is being heard today in the B.C. Court of Appeal but he also is
up for parole on Jan. 13.
Human rights activist Aziz Khaki, of the Committee for
Racial Justice, demands: “‘If this was a case of three native
guys brutally beating a white man to death, would you see a
charge of manslaughter and the killers walking free in less
than a year? I don’t think so,”’
The family of Gary Thompson, his mother Doreen Bonneau
and his wife Maggie Pettis, the mother of his two young sons,
and the Sto:lo nation of 2,500 people residing in the Fraser
Valley will not rest until they have obtained justice in the
death of Gary Thompson.
Bonneau, full of grief at hearing the brutal facts of her
son’s death in a court of law again today, asks: ‘“When 1s a
murder not a murder? You throw a rock on someone’s head
three times and that’s not murder?’’ Bonneau and other family
members call the handling of the case including the charges
and the sentence “‘racist”’ and “‘an insult.”’
The family wants answers to these questions about the
justice system’s bungling of the case:
* Why did the police not arrive on the scene until more than 40
minutes after the brutal beating began, despite more than one
911 call?
* Why did the Crown counsel not obtain and put before the
preliminary hearing and the sentencing judge the detailed
victim impact statements given to the Hope RCMP by family
members?
* Why were there two different judges at the preliminary
hearing and the sentencing, and why did the sentencing judge
not even have a preliminary hearing transcript to tell him the
facts of the case?
* Why didn’t the sentencing judge have an autopsy report
before him? Why didn’t the three appeal court judges even
have an autopsy report before them in the courtroom today?
* Why did the three appeal court judges not have victim
impact statements before them today, despite continued
involvement by Victims’ Assistance programs and the
repeated requests of the family?
Bonneau wants B.C, Attorney General Colin Gabelmann to
fully investigate the handling of this case. ‘‘I don’t want
politicians or people in power to just take this and squash it,”’
said Bonneau. “*I want people to know because we don’t want
to be hurt anymore. I want justice for all of us, not just certain
people.’
Union of B.C. Indian Chiefs president Chief Saul Terry,
citing a Christmas Eve death on his own reserve, said the
Thompson case ““is another example of the unequal, racist
treatment aboriginal people are handed out by this justice
system. This must stop.”’
GARY THOMPSON COMMITTEE
c/o June Quipp, P.O. Box 2050, Hope, B,C. VOX 1L0
Tel: (604) 869-3050 Fax: (604) 869-7614
FEBRUARY 1994
Page 3
[
LEGAL UPDATE
Corbiere et al v. Her Majesty the Queen
Case Summary
This is a case in which certain members of the
Batchewana Indian Band who were not resident on the reserve
lands of the band challenged the validity of subsection 77(a) of
the Indian Act, certain provisions of the Indian Band Election
Regulations, and certain bylaws of the band on the basis that
they were contrary to sections 15, 2(d) and 7 of the Canadian
Charter of Rights and Freedoms, in that they required that
members of the band be normally resident on the reserve in
order to be eligible to vote in band elections and on other issues.
Analysis
We are advised by legal counsel for the Batchewana
Band that this decision is being appealed. The federal
government has filed a notice of appeal and Corbiere et al. have
cross appealed. The Batchewana Band is seeking an extension
of time to file a notice of appeal. For the balance of this
analysis, however, we will assume that the decision will stand,
and discuss the implications of the decision should it be upheld
on appeal.
The focus of the court decision is that both off reserve
and on reserve band members share an interest in the assets of
the band. In light of this fact, the court is concerned that only
on reserve members are given a voice in the management and
disposition of these assets. The court did not feel it appropriate
that off reserve band members should be excluded from the
decision making process with respect to these assets.
The court does not appear to be clear on where exactly
the line between decisions which require the input of the entire
band and those which may be limited to on reserve members
should be drawn. At one point the court refers disapprovingly to
provisions of the Indian Act which allow a band council elected
only by on reserve members to decide who should be given
possession of lands within the reserve (section 20). At page 20,
however, the court appears to approve of sections which give
power to the Chief and Council elected only by on reserve
members to deal with the management of ‘*Indian moneys’’
used for purely local purposes related to the provision of
education, social assistance, land management, and recreation
on the reserve. Despite this the court specifically declares the
clection of Chief and Council by on reserve band members only
to be invalid in respect of the expenditure of Indian moneys
under subsection 66(1) of the Indian Act (expenditure of
revenue moneys).
Whether or not any particular decision requires the input
of both on and off reserve band members will depend on the
nature of that decision. Those decisions which are primarily
concerned with the disposition and management of the assets of
the band will generally require the input of the entire band,
while those decisions which are primarily concerned with the
regulation of life on the reserve may generally be restricted to
those band members living on reserve.
The court also spends a great deal of time on history of
the Batchewana Band. The court finds as a fact that most of the
off reserve members of the Batchewana Band could not live on
reserve if they wished because there were not adequate housing
resources to accommodate them. An argument could, therefore,
be made that if band members lived off reserve due to their own
choice and preference rather than because the band was unable
to accommodate them on reserve then they would not constitute
a “‘disadvantaged group’’ in the same way that the off reserve
members of the Batchewana Band did. However, in our view
the heart of the court’s decision in the Corbiere case is that both
on and off reserve band members share an interest in the assets
of the band. This legal finding is not affected by the reasons
underlying the fact that a band member does not live on reserve,
and it is this legal finding which gives rise to the right of both
on reserve and off reserve members to participate in decisions
with respect to these assets.
The court in Corbiere does not take the view that off
reserve band members must be given equal voice in all matters
pertaining to the government of the band. The court is quite
clear that there are many matters involving the regulation of life
on the reserve for which decision making powers are
appropriately confined to band members living on reserve.
Accordingly the decision does not affect the ability of Chief and
Council to deal with matters relating to the control and
regulation of life and conditions on the reserve as they have in
the past. When dealing with the management or disposition of
the assets of the band, however, both on reserve and off reserve
band members should be able to participate in those decisions.
Accordingly we would recommend that when dealing with
surrenders, settlement agreements with respect to specific
claims, etc. Chief and Council should, in light of the decision
allow both on and off reserve members to participate in these
decisions.
It is our opinion, however, that the Corbiere case does
not require that off reserve band members be entitled to vote for
the election of Chief and Council. Rather the decision is
concerned with ensuring that off reserve band members have an
equal voice in the distribution, management and disposition of
the assets of the band.
If the decision stands, it will require changes to the way
in which certain decisions are made. It is most likely that the
response from the Federal Crown would be in the form of
amendments to the Indian Act. Rather than amending the
provisions with respect to the election of Chief and Council,
however, it would be possible to address the concerns raised in
the Corbiere decision by amending those sections of the Indian
Act which deal with the management of the particular assets in
question. Such amendments would require that off reserve band
members have a voice in decisions affecting these assets.
Finally, we would point out that there may be arguments
based on section 35 of the Constitution Act for limiting the
application of this decision. If a particular form of government
and decision making is grounded in the customs and traditions
of the people rather than in the Indian Act it may be protected
from the implications of the Corbiere case. Section 25 of the
Constitution Act states that:
Continued page 8
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Page 4
FEBRUARY 1994
INTERNATIONAL UPDATE - MAYAN / MEXICO
January 7, 1994
The Rt. Honourable Jean Chretien
Prime Minister of Canada
House of Commons
OTTAWA, Ontario
KIA 0A6
Dear Mr, Prime Minister:
We are writing this letter to express our mutual concern regarding
the deplorable situation of the Mayan Indian people in the southern
state of Chiapas, Mexico and the disastrous economic impacts the
North American Free Trade Agreement will have onthem. NAFTA,
and specifically corn imports were the catalyst for the armed
uprising. NAFTA’s goal of making Mexico’s countryside more
productive means that many small farmers will be forced to leave
the land (if they have any) and move elsewhere to take advantage
of better jobs. Coffee and corn prices, on which many people in
Chiapas depend, are low. NAFTA will lower corn prices even more
as duty-free American corn hits the Mexican market, further
driving down the price of locally grown corn. The fear is that the
North American Free Trade Agreement will undercut what are
already low corn prices, threatening the very foundations of the
traditional Mayan life and values.
However, this crisis is not only economic in nature. Itis also
the latest episode in a long, unbroken litany of injustices and long-
standing grievances experienced by the Mayan Indian people.
Menico hasa Jong history of colonization, institutionalized racism,
discrimination, human rights violations, and cultural genocide
perpetrated against its Indigenous peoples, beginning with the
Conquistadores in 1524, and perpetuated by successive
governments, the ruling elites, and other structures. This is a 500
year old struggle.
Most Indian people in Menico live in abject poverty. This
already low standard has been steadily declining. NAFTA will
further impoverish the Mayan Indians in Chiapas, as well as
millions of other Indian people and other Mexicans. For centuries
Indians have been systematically robbed of their ancient communal
lands. Even though the Salinas government and the World Bank
has poured more money into Chiapas than any other Menican state,
the corrupt, oligarchical government institutions that have ruled
Chiapas, and indeed all of Mexico, for centuries still exist today.
The former governor of the State of Chiapas, Patrocinio
Gonzalez Blanco Garrido, who has long turned a blind eye to local
human rights violations, was named last year to a cabinet level
position as President Salinas’ Interior Minister. The local authorities
and the army conspired with cattle ranchers to divest Indians of
their communal lands, which eventually ended up in the hands of
wealthy ranchers. The army harassed and intimidated local
Indians. The Mayan Indians have been driven into a last refuge in
the mountains. Most of the regions Indians scrape out a meagre
living labouring on the large corn and coffee plantations owned by
a few rich families. Many Indians earn less than $2.00 per day.
Some work as sharecroppers, growing corn on land they rent, then
selling it for a few pesos.
Since these aforementioned facts are well known, we find
itutterly appalling that your government signed NAFTA. Canada
clearly should not have signed this agreement until Mexico agreed
to and implemented major reforms. We therefore ask your
administration to:
1. Closely monitor the situation in Chiapas and all of Mexico,
remaining openly critical of any human rights abuses against
Indigenous people or other Mexicans. (We have learned, for
example, that on January 5, 1994 witnesses reported that seven
suspected insurgents were bound, then forced to lie on the ground
before being fatally shot in the head in the public marketplace in
the Mayan town of Ocosingo, Chiapas),
2. Insist to the Mexican government that environmental and labour
standards be substantially improved.
3. Insist to the Mexican government that amnesty be granted to
Mayan Indian prisoners.
4, Insist to the Mexican government that Indigenous people in
Mexico are protected from the detrimental effects of NAFTA, and
that special economic development initiatives for Indigenous
peoples be created.
5. Insist to the Mexican government that genuine land reform must
occur throughout Mexico to assure that all Indigenous peoples, as
well as other poor Mexicans have an ample land base on which to
survive and flourish, and that all lands taken from the Mayan
Indians of Chiapas be returned.
6. Insist to the Mexican government that meaningful dialogue with
Mayan and other Indigenous leaders throughout Mexico take place
to settle their longstanding grievances, and that these dialogues be
monitored by internationally respected human rights organizations
and Indigenous observers from other countries,
7. Insist to the Mexican government that the languages and
cultural identities of the Indigenous peoples of Mexico be officially
recognized, promoted and preserved.
8. Insist to the Mexican government that discrimination,
institutionalized racism, and cultural genocide against the
Indigenous peoples in Mexico be stopped.
Yours truly,
UNION OF B.C, INDIAN CHIEFS
Chief Saul Terry,
President
VANCOUVER MAYAN INDIAN SUPPORT GROUP
Lix Lopez, Spokesperson
FEBRUARY 1994
Page 5
UBCIC RESOURCE CENTRE
Selected List of New Materials
There are so many materials being published on First Nations
issues that it is overwhelming. It makes my job of selection for the
Resource Centre collection difficult because there are so many
materials and only so much money for acquisitions. Here is a
selected list of materials currently available which may be of
special interest. If you have any questions about any of these
materials please call me at 684-0231 or FAX me at 684-5726 in
Vancouver.
First Nations Taxation: Dynamic Strategies - Emerging Issues.
Proceedings of the Conference sponsored by the Native
Investment and Trade Association, held in Vancouver, December
2 & 3,1993. Includes materials on Income Tax; Commodity Taxes
and other Levies; Tax Issues for Aboriginal Business; materials on
‘*New Directions’’; and, on the Impact of Financial Institutions. It
is a substantial document.
Available from: Native Investment and Trade Association
Box 150 - 1111 Melville Street
Vancouver, B.C. V6E 3V6
Phone 684-0880 FAX 684-0881
Cost: $50.00 total (prepayment not required)
The Mechanics of Aboriginal Land Settlements: Preparing
and Negotiating Claims. Proceedings of the Conference
sponsored by the Native Investment and Trade Association,
held in Vancouver, September 30 & October 1, 1993. Includes
materialson Comprehensiveand Specific Claims and on Negotiating
Techniques and Strategies.
Available from: Native Investment and Trade Association
address given above
Cost: $50.00 total (prepayment not required)
Consolidated Native Law Statutes, Regulations and Treaties,
1994. This is a new publication from Carswell, one of the top two
legal publishers in Canada. It puts all the legislation and regulations
relevant to First Nations in one place. It is up-to-date as at October
1993. It also includes copies of the major treaties, the Royal
Proclamation of 1763, etc. This is an indispensable reference
source.
Available from: Carswell
One Corporate Plaza
2075 Kennedy Road
Scarborough, Ontario
MIT 3V4
Toll free 1-800-387-5164
Cost: $42.00 + GST ifapplicable plus $3.77 shipping and handling.
Continued page 8
One Citizens Opinion
Dear Chief Robert Bruce Jr.,
I am writing this letter to you, for you are a representative and
listener for our people as elected chief of the Vuntut Gwitchin, I
felt it was time I expressed my concerns and share some of the
knowledge and wisdom I know in my heart and fully
understand in relation to the land claim process.
First of all, I offer respect, sharing, caring and honesty,
first to you as a person, and to you as elected chief of the Vuntut
Gwitchin. I know you hold a great responsibility and you have a
hard task. I am not writing this letter out of malice, anger or
hate, but rather out of respect, love and understanding. After
long thought and contemplation, I fully understand who I am,
why I am here, where I came from, and where I am going. I live
and breath my heritage. My bloodlines which date back
thousands of years with the -- Netro--, is something I have
learned to accept once I began to heal and started to see and feel
more clearly, I have also accepted gifts from my father’s side
the -- Tizya --. So, this is how I am talking to you, not as a well
educated and well-read person, but as an ‘‘Indian’’. I rely very
much on my relationship with, first and foremost our
‘*Creator’’, our ““Elders’’, our “‘children’’ and the ‘‘Land’’.
Over the years I have been fortunate enough to have had great
knowledge and ‘‘wisdoms’’ shared with me. I do not take these
gifts or accept them of myself, although they are a part of me. |
can only attribute them to those who have shared with me, after
hard work and sacrifice, on their part. These gifts have been
handed to me -- freely! They have been handed to me -- for me,
to measure within myself and then come to a decision as to how
I will use them according to my abilities, for the betterment of
my people, and my ‘‘Nation’’,
As long as our negotiators are negotiating, whether in
secret and/or across the table, the giving up of ‘‘Aboriginal
Rights’’ and ‘‘Aboriginal Title’’, as defined by our ‘‘Elders’’ in
relation to ‘“‘True Indian Government’’ and the ‘‘Great Spirit’’
and the responsibilities we hold to the ‘‘Great Spirit’’ as
extinguishment of our “‘Aboriginal Rights and Title’’ in any
+CANNOT give my consent in any form to the existing claim
which was presented to me -- by mail.
Having gone over the documents which were sent to me
by the Vuntut Gwitchin Tribal Council over the past months,
over the years of 1992 and 1993, I have come to the conclusion
that the present -- Claim-- is a THREAT, not only to me but
also to my way of life, the lives of my children and to those that
will surely follow and those who will have to live under this
‘*Claim’’. I am not attacking nor am I saying the land-claims
process is wrong. I am saying, how this whole process ends
could mean whether it will benefit our people or end up in dire
consequences.
It would be the easy thing to do, to laugh off, ridicule,
down play or ignore this letter. I do not have a doubt that this
will occur. Some may even feel the need to twist my words! But
that will not change the reality of what will happen to the
Vuntut Gwitchin in the years following the signing of this
Continued page 7
=
Page 6
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FEBRUARY 199
{
(Continued from pape 6)
paper. As long as extinguishment of our “‘Aboriginal Rights”’
and ‘‘Aboriginal Title’ is in place within the Vuntut Gwitchin
Claim, we can be very sure, in ten short years or probably less,
the true implications of this ‘““Legal Document’’ will ‘“bare it’s
face!’? Remember, the moment this document is signed, there
will be no turning back.
We, as ‘‘Indian People’’ do not, truly understand the
‘*Legal Processes and Procedures’ which are being thrust upon
us, When the Canadian Government talks ‘‘legal’’, you can be
sure that there are many ways this legal talk can be interpreted
back to us. They are constantly at work and finding ways
around our legal position -- even this should be telling us
something and yet I see not too many people with the awareness
or the heart to ask ‘‘hard questions’. They have designed their
strategy to the point where we don’t care any more. When we
given up this gives them and those who help them a free hand
to do what they want with our lives. I know, right now,that not
too many people in Old Crow and a lot of other places for that
matter, do not truly understand what they may vote yes to,
because I know they have not been told or have been shown the
‘whole picture’ and all that is involved and what is so
important in what we need to know, so we can make a fair
decision for ourselves, as a ‘“‘Nation’’. Look at how we have
been struggling for the past twenty years or so, with the Land
Claims. Many of us are so fed up and frustrated we don’t care
any more. And for all those who are pushing the existing land
claim, this negative attitude gives them a free hand to do what
they want with our lives.
Many of us, all over Indian Country, talk about “‘Self-
Government’’ and J see and hear many of us defining self-
government exactly the way a member of representative of the
Canadian Government would. When all the while our
‘*Elders’’ all over this Great Island, which being North and
South America, are trying to tell us what Self-Government
really is. Many of our leaders are saying and put on a show,
that they listen to the ‘‘Elders’’, but what they say and do and
even the terms on which they negotiate and the Vuntut
Gwitchin Land Claim is proof that they do not listen to what the
‘‘Old Ones’”’ are saying.
We are not a ‘‘Nation’’ of ourselves, we cannot stand
alone. Without the other Indian Nations all over this Great
Island we could not have possibly survived, not alone, and it is
the same today, this fact has not changed. Without the Indian
Nations being her first --the first White explorers also would
not have survived. Our Elders are telling us ‘‘Indian
Government was and still is, in existence and has been for
thousands of years.’’ Our way of Government was developed,
implemented, maintained, and recognized nation to nation long
before our White brothers came across the waters.
The Canadian Government has had a lot of time to plan
and implement their land claims process, since 1947. The
finally came to the realization that assimilation was doomed to
failure. Before assimilation the Canadian Government had
begun the taking of lands by a process known as ‘‘Genocide.”’
Genocide meaning the outright killing of one nation by another
nation. They also had to put a stop to this due to the outcry of
the European population, therefore the Kings and Queens had
to demand the cessation of this process. So now the Canadian
Government has only one recourse to gain title to the land and
that is through the land claims process -- there is nothing else
left for the now. The time has come for the Canadian
Government to begin acceptance of who and what we are and
the part we have to contribute, not only to Canada but to the rest
of the world. It’s time for us to stop this constant giving in to
all their wants and expectations. The Vuntut Gwitchin Land
Claim as it now stands before ratification, is a sure indication
that we as a people will literally end up with -- nothing.
The few Indian nations that have come to the Yukon
Territory from other places, such as Alaska who have signed a
land claims agreement involving the cxtinguishment of
Aboriginal Rights and Title in return for cash settlement, have
come with their warnings. They are now paying dearly for their
haste and mistaken decisions. So after having learned such a
hard lesson and I emphasize ‘‘hard’’, they, out of desperation
and frustration see the importance of warning those of us who
have not yet signed a similar agreement and the Vuntut
Gwitchin Claim at this point in time falls into that category.
Even after these warnings, I am dumbfounded to sce that no one
is listening. Our present leaders, I feel, only hear what they
want to hear, when they hear something that hurts their ears,
they feel threatened so they carry on like nothing happened. Or
else they say, that’s not us -- well if anyone with common sense
takes a good look anyone can see that it is us. It seems to me all
that matters is the few million we are going to receive over the
next few years. It won’t take long for those few million to be
used up. A greater percentage is already owed back to the
Canadian Government, Look at the economy today, to make a
million dollars with anything it has to be invested and used for
big business. In the business world a million dollars is chicken
feed -- nothing! What Indian or groups of Indians do you
know, that can handle vast amounts of finance -- successfully?
Very, very few if any! If we as people tried to enter into big
business and that is the only way to go, if you take our situation
into consideration, or we formed a corporation or even entered a
part of the private sector, the business community would chew
us up and spit us out -- broke! That’s the real world of
business. I would hate to imagine what will happen once we
find we have to enter into the world of big business. Look at the
news media; everyday big businesses are going under. Some
that have survived for years and years, even they are finding it
hard to keep their heads above water. Even if the Vuntut
Gwitchin were to form a corporation we would go under the
thumb of the Federal Government of Canada. Again, a
corporation is big business with very harsh rules and guidelines
to follow. If you look really close at a corporate contract and
you find the ‘‘right’’ person to explain it and if you reccive the
right advice, you will find this to be true. The few business
ventures the Yukon Indians are now involved in (and don’t fool
yourself into thinking these are big business ventures), those
attempting these are now finding out for themselves how hard
business can be, And that is just the beginning. If we are to
succecd in business, we must take the reins ourselves. It won’t
take long for those few millions to disappear.
Continued page 9
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FEBRUARY 1994
|
Page 7
{
Legal Update (Continued from page 4)
The guarantee in this Charter of certain rights and
freedoms shall not be construed so as to abrogate or derogate
from any aboriginal, treaty or other rights or freedoms that
pertain to the aboriginal peoples of Canada including
(a) any rights or freedoms that have been recognized
by the Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that now exist by way of
land claims agreements or may be so acquired.
If it could be established that the decision making
process provided for by the Indian Act is a recognition of
traditional practices of confining decision making power to
those resident within the community then the discrimination
argument based upon section 15 of the Charter would not be
available.
In summary, the Corbiere decision does raise concerns
about how Chief and Council exercise their decision making
power with respect to the disposition and management of the
assets of the band. However, so long as provision is made to
include the voice of off reserve band members in these types of
decisions it should not otherwise interfere with the ability of
Chief and Council to conduct their other governmental
functions.
Resource Centre Update (Continued from page 6)
(May have to be prepaid if you do not have an account with
Carswell)
You can also establish a “‘standing order’’ for the annual
revisions which will be sent to you automatically when they are
published.
Arrowfax National Aboriginal Directory. The new edition of
this invaluable directory is finally available. This directory
provides addresses, phone and fax numbers for just about any
and every First Nations any and everything across Canada and
in the North. It is well indexed and easy to use in its new
binder format.
Available from: Arrowfax
P.O. BOX 66009, Unicity Postal Outlet
Winnipeg, Manitoba R3K 2E7
Toll free 1-800-665-0037
Cost: 25.00 + $1.75 GST if applicable
Also from Arrowfax:
International Intertribal Directory. Includes Canadian and
U.S. listings. Being published in February, 1994.
Cost: $35.00 + GST if applicable
North American Indian Bingo & Casino Directory.
Published twice a year. Next issue available this month.
Cost: $10.00 + GST if applicable.
You can order Arrowfax directories using the toll free number.
They will ship the directory and include an invoice.
Boundaries of Home: Mapping for Local Empowerment.
“Boundaries of Home’’ will help you find, use and create maps
using libraries, to oral histories to sophisticated computers.
Introduces a wide range of home-grown, creative maps that are
useful as models for everything from land claims to local histories.
Available from: New Society Publishers
P.O. Box 189
Gabriola Island, B.C. VOR 1X0
FAX 247-7471
Cost: $13.95 + GST if applicable
Aboriginal Rights, Aboriginal Justice, and Aboriginal Sclf-
Determination, is an annotated bibliography by Ted Pays, Ph.D,
Simon Fraser University. This 300 page document with over 140
annotated articles provides an extensive overview of the burgeoning
literature in the realms of aboriginal rights, aboriginal justice, and
aboriginal self-dermination. The document helps researchers
better identify materials of particular relevance to their interest ,
and introduces them to sources they might not otherwise have
found.
Available from: Institute for Studies in Criminal Justice Policy
SFU at Harbour Centre
515 West Hastings St.
Vancouver, B.C. V6B 5K3
291-5198 FAX 291-4140
Cost: $25.00 total (You can FAX them an order request and they
will invoice you).
Upcoming Library Skills Workshops
Ofinterest to those staffof Bands, Tribal Councils and other
First Nations organizations that take care of library/archives
collections, will be upcoming 4-day library skills workshops held
herein Vancouver at the George Manuel Institute, the first of which
is tentatively planned for early March. Look for more detailed
informationin mailouts coming soon or call me for more information
(684-0231). c n
Wendy Ancell
UBCIC Librarian
"| make It three million .
shopping days to Christmas.
HERMAM”
Page 8
aon
FEBRUARY 1994
L
One Citizens Opinion (Continued from page 7)
We, as an Indian Nation have a desperate need for
healing, and there is no one single Indian who can say they are
not sick and I’m talking about our Mental, Physical, Emotional,
Sexual and Spiritual sickness! The impact of abuse is one
hundred percent on our Nation, we are not different than any
other, and I mean all nations with this society as a whole.
Healing must come first! For those who don’t know, the
Canadian Government has a legal -- this is by law --
International Law -- they have a legal obligation to help lead
the Indian Nations to self-determination. And helping us to
heal is a part of self-determination.
If we attempt to use the land claims monies to help
ourselves, these attempts will be to no avail. For we are not
healthy. How many Indians do you know who are sick from
Alcoholism, Child molestation, Incest, Wife-beating,
Criminality and the list goes on. These sicknesses are so
ingrained within our communities we actually believe these
things to be normal. Well, they are not normal. And I for one
admit to my sickness and have begun my healing process and
have become a better human being for it. Right now my worst
enemy is -- ourselves. Under our present condition all the land
claims money will be lost, gone in a few years, then we'll have
to start selling those few plots of land that have been set aside
to pay taxes and expenses. Taxes and expenses are set aside to
pay taxes and expenses. The Canadian Government has
designed all kinds of ways to tax. One way or another they’re
going to get their money back, no matter what they agree to on
paper, they already know and have worked the ways in which
the same money we receive is going to be back in their
treasury. Only the next time it’s going to stay there.
It is a known fact that no Indian Nation within the
borders of Canada, have ever been conquered, and also those
who have not yet given up or extinguished their “‘Aboriginal
Rights’ and ‘‘Aboriginal Title’ still to this day maintain
“*title’’ to the lands, ‘‘legally’’. This is why the Federal
Government of Canada is so desperately trying to get us to
give up our rights and title. And they have developed a well
known process, known down through history. Known to many
nations throughout the world as *“‘Divide and Conquer’’.
For any peoples to survive as a nation, they must have the land
base. For everything comes from the land, our homes, the
money in our pockets, our clothes, the food on our table,
everything. Everything comes from Mother Earth and
everything will go back to her, as sure as the grass will grow.
In our present situation, the land base which I speak of, the
land base the Canadian Government is trying so hard to get, is
the Title and Rights they are asking us to extinguish for a few
million dollars. In consideration of the present land claims
which has been presented to us as an offer of good will to
make up for the last few hundred years by the Canadian
Government, and understanding why this process has been
presented, then we must be very careful what we accept or
agree to in relation to our survival as a ““Nation’’, Whether
the Canadian Government accept us as a Sovereign Nations or
not, it does not change the fact that we still possess the legal
title to all lands known as ‘‘Rupertland’’ or what we call
‘*Indian Territory””!
We must rely on our true strength, the true strength in
knowing who and what we are. For any one person or any
nation to know where they are going, they must know where
they came from. Our true strength lies in our relationship with
our Creator, our Elders, the People and the Land and our
responsibilities to they Creator, our Elders, the People and the
Land.
] know many people have worked hard to get to where
we are today, but that does not mean that what has becn
accomplished is right. Not when the purpose is extinguishment
of our Rights and Title. If we stand and speak out, and
negotiate as a true Indian Nation, then there is nothing on this
earth that can stop us. Back when the Canadian Government
all of a sudden announced their willingness to negotiate the
land claims, a lot of people got caught up in this new found
freedom, but then there were those who sat back and asked --
Why? And that is a good question! Why do they want to
negotiate if they have always claimed they have title to the
land. If they have title why don’t they just take it? There 1s
something stopping them and you can bet that it’s something
legal that’s stopping them from -- just taking the land.
THINK!
Through it all, and having come full circle, I was born
‘*Indian’’, I was lost for a while, but now I am a true Indian.
Taking this into consideration I will never change my way of
life, nor will I give anyone consent to do so. Especially when
my existence and the existence of my nation and my people,
are on the line. I have heard from well experienced people that
certain individuals, who are totally committed to this land
claim within the political arena can be very cruel, when they
feel threatened by persons like myself. I have been told their
cruelty goes even to the point of hurting children, if this is so,
then so be it. As long as those people can answer when the
time comes to answer, and that day will surely come,
regardless I will never change my stance, not even when my
body is laying on a platform up in the mountains and the
eagles come for me--I will not have changed!
I pray you will take the time to sit down quietly and fecl
out this message. Don’t just think about it, don’t just reason it,
but feel it with the heart for an open heart will always reveal
the truth. And the road of truth, The Red Road, is sometimes
hard to walk, and yet for ‘‘good of our people’’ we must walk
it. So many of us, all we think about is what money can do.
We never consider the down side. We never take the legal
aspect into account then we pay dearly for it, and the sad thing
is our children pay a heavier toll!
So I say, with all respect to you and your loved ones,
and to the Vuntut Gwitchin,
Thank You
Charles Tizya
i
FEBRUARY 1994
Page 9
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Page 10 JANUARY 1994
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Union of B.C. Indian Chiefs
NEWSLETTER
FEBRUARY
1994
OTTAWA ANNOUNCES DISCUSSIONS ON SELF-GOVERNMENT
BUT
W H E R E A R E T H E INDIANS?
On January 19, Indian Affairs Minister Ronald
Irwin announced that the new Liberal government's
first step in fulfilling its election promises would be a
series of meetings on " a b o r i g i n a l selfgovernment." The Department of Indian
Affairs issued the Minister's press release
and a backgrounder on the "inherent
right of self-government" the next
day. If the language in these
documents is an indication of new
policy directions, then First Nations
are in for a very big surprise. We have
disappeared!
The words "First Nations" and
"Indians" do not exist in the government's
four-page announcement. The
t e r m s "aboriginal peoples" and "aboriginal
s e l f - g o v e r n m e n t " are used t h r o u g h o u t
IN THIS ISSUE...
Message from the President
p. 2
Sto:Lo Inquiry
p. 3
Legal Update
p. 4
Mayan / Mexico Update
P. 5
Resource Center Update
p. 6
F E B R U A R Y 1994
\the documents in discussing the
government's approach to implementing
our inherent r i g h t o f selfdetermination. We have to ask:
W H E R E A R E T H E INDIANS?
W H E R E A R E OUR NATIONS?
It appears that our peoples'
inherent right of selfdetermination as nations
with distinct territories
is being lumped
together with the
inherent rights of
our aboriginal
sisters and
brothers. It
appears that
our political
rights are
being set apart
from our economic
and territorial rights. It
appears that the Royal
Proclamation of 1763 and
Section 91(24) of the B.N.A. Act
are being set aside by Canada in its
quest to implement "aboriginal selfgovernment."
. Did Minister Irwin simply make an honest
mistake in his choice of words? Or is this a sign of the
policies to come later this year? As we seek
clarification, we should bear in mind: self-government
•without sovereignty is termination.
Page 1
MESSAGE
FROM THE
PRESIDENT:
Federal Government Promises A New Era
The defeat of the Charlottetown Accord on October 26, 1992 was
followed one year later, on October 25, 1993, by the resounding electoral
victory of the Liberal Party. "Indian" Peoples generally do not place a lot of
hope in election promises, therefor, it should come as no surprise that
reference to recognition of our inherent governing systems has been made. In
likelihood, this will shape the agenda of the "Indian" nations for the next
decade.
The Minister of Indian and Northern Development, Ron Irwin, will
attempt to pull Indian self-government from our psyche over the next six
months. It should be noted that when you look closely at Mr. Irwin's press
release of January 19, 1994, there are no reference to "First Nations"
let alone our other acquired collective name "Indians". I shudder at the
thought, but are these the shadows of the Alternative Legislative Initiatives of
the late Progressive Conservatory government? I see shades of the
Charlottetown Accord; of Rule of Law; Federal and Provincial/Territorial
integrity; municipal style self government and fabricated styles of urban
self-government, which will be nothing more than the administration of
programs and services. This is a far cry from the recognition of our nations,
territories, cultures, and spiritual realities. There are also hints in the
Minister's press release that the old policies may continue to exist. While I hope with my whole being that the era
of lies, manipulation, abuse of power and arrogant bullying is over, I am not holding my breath. I would like to
believe that this Chretien government will honour its trust obligations to the "Indian " Peoples.
It remains, however, that for meaningful and substantive change to occur we must roll up our sleeves and get
to work. We must get the message across that we have worked hard over the last quarter century and laid down
principles or recognition, negotiation and implementation by which we firmly stand. Our forefathers and
elders demand it and our future generations and our grandchildren deserve it.
For these reasons, I as your President, will be meeting with other leaders of Indian organizations to seek our
common issues upon which to develop a strategy for achieving practical and lasting solutions. We must put these
firmly to the Federal Government. This must be done, otherwise ideas for legislation, policy and
program guidelines will, once again, be dictated by mandarins in the ministerial offices. As always your
comments, suggestions or questions are welcome. Send them along to our Vancouver or Kamloops offices.
BONE MARROW DONOR NEEDED
Dear First Nations, Tribal Councils,
Bands and Respected Leaders:
I am sending this letter to your
organization in order to find help and to
urge all First Nations people to donate
blood to their l o c a l R e d Cross
organization.
My cousin, Stan Luggi, was
diagnosed with a rare blood disorder
called Paroxysmal Nocturnal
Hemoglobinuria (PNH) i n 1988. P N H
is a disorder i n which red blood cells
are destroyed, resulting in bloody urine,
especially at night. A basic membrane
defect in the red blood cells is involved.
The cause is unknown, but it is linked to
abnormal bone marrow. Occurring
mainly in adults between 25 and 45
years of age, it has symptoms of
stomach and bowel pain, back pain, and
headache. Problems may be blood
Page 2
clotting problems and lack of iron.
Treatment includes giving blood, iron,
and drugs to halt blood clotting.
Since then his name has been
entered into numerous computers
throughout the world to enable a search
for possible blood matches and/or bone
marrow donors. My family has been
recently told that through this world
search they have not found a possible
donor. M y family is going to bve tested
after New Year's and hopefully someone
in our family will match Stan's needs.
I am w r i t i n g this letter to
encourage all First Nations Peoples to
please go to your nearest Red Cross
organization and donate blood. M y aunt,
Theresa Luggi, explained to me that i f a
non-Native person needed a bone
marrow transplant it would have to come
from a non-Native person. So, in my
cousin Stan's case it would have to come
from a Native person because we are told
that Native people have a unique white
blood cell "marker". The markers on
the white blood cells have to match with
Stan's. This is the main reason why I am
sending this letter to your organizations.
Please send this letter to your
organizations that you feel would be
interested. If you have any questions,
please feel free to contact me at work:
(604) 690-7211 or at home (604) 6907713.
I hope this letter finds the person
we need. Thank you very much and God
Bless You A l l .
Sincerely,
Anita Louie, Nadleh Whut'en Band
F E B R U A R Y 1994
STO:LO DEMAND INQUIRY
The Sto:lo people are demanding a full commission of inquiry
into the slipshod and insensitive handling by the B.C.justice
system of the tragic death of Gary Thompson, a young Sto:lo
father of two.
Thompson, just 29 when he was brutally beaten to
death by three men on Sept. 21, 1991, was trained as an
architect and came from a large, extended, loving Sto:lo
family. Their grief at his death has been intensified by the
bungling at every level of the judicial system which was
supposed to deliver justice in the death of their beloved son.
Police and investigators called the death of Gary
Thompson one of the most brutal beatings they had ever
witnessed. Yet the three killers walked away virtually scotfree: One gave evidence to the Crown and was never charged
and two walked away with sentences of one year and nine
months. The killers were portrayed in court as upstanding
young men under the influence of alcohol yet Gary had 54
lacerations on his body, head, abdominal and chest injuries.
The killer whose one-year sentence is up for appeal was not
too drunk to pick up a heavy cement block, three times, and
drop it on Gary's head from a great height. W h y did the judges
involved not consider the full facts in the death? How did
lesser charges get laid?
The family of Gary Thompson, his mother Doreen Bonneau
and his wife Maggie Pettis, the mother of his two young sons,
and the Sto:lo nation of 2,500 people residing in the Fraser
Valley will not rest until they have obtained justice in the
death of Gary Thompson.
Bonneau, full of grief at hearing the brutal fads of her
son's death in a court of law again today, asks: " W h e n is a
murder not a murder? Y o u throw a rock on someone's head
three times and that's not murder?" Bonneau and other family
members call the handling of the case including the charges
and the sentence " r a c i s t " and " a n insult."
The family wants answers to these questions about the
justice system's bungling of the case:
Skowkale Chief Steven Point, a lawyer and respected
community leader, is outraged that the three Appeal Court
judges considering an appeal of a one-year sentence handed
out to Gary's killer are restricted by law from considering the
family's pain and grief, the severity of the beating, eyewitness
evidence or the f u l l facts o f the case. T h e y cannot
even consider a new charge of murder, rather than the puny
charges o f manslaughter and assault that the Crown
inexplicably laid.
"The handling of this case brings the whole justice
system into disrepute," Point said Thursday outside the
downtown Vancouver courthouse. " H o w could a charge of
manslaughter or assault be laid in such a heinous crime as this,
and how can a man be walking free four or five months after
brutally beating an unconscious man to death?"
* W h y were there two different judges at the preliminary
hearing and the sentencing, and why did the sentencing judge
not even have a preliminary hearing transcript to tell him the
facts of the case?
The family had no knowledge that the Crown would lay
minimal charges against Gary's killers and they were outraged
when the Crown plea-bargained, without their knowledge or
consent, minuscule sentences with no trial. On August 27,
1993, Thomas Eneas got a one-year sentence for manslaughter
for caving in Gary's head with a cement block and brutally
beating him for almost 40 minutes. Troy Williams got nine
months for aggravated assault. A n appeal of Eneas' sentence
is being heard today in the B . C . Court of Appeal but he also is
up for parole on Jan. 13.
Human rights activist A z i z Khaki, of the Committee for
Racial Justice, demands: " I f this was a case of three native
guys brutally beating a white man to death, would you see a
charge of manslaughter and the killers walking free in less
than a year? I don't think so."
F E B R U A R Y 1994
* Why did the police not arrive on the scene until more than 40
minutes after the brutal beating began, despite more than one
911 call?
* Why did the Crown counsel not obtain and put before the
preliminary hearing and the sentencing judge the detailed
victim impact statements given to the Hope R C M P by family
members?
* W h y didn't the sentencing judge have an autopsy report
before him? W h y didn't the three appeal court judges even
have an autopsy report before them in the courtroom today?
* Why did the three appeal court judges not have victim
impact statements before them today, despite continued
involvement by V i c t i m s ' Assistance programs and the
repeated requests of the family?
Bonneau wants B . C . Attorney General Colin Gabelmann to
fully investigate the handling of this case. " I don't want
politicians or people in power to just take this and squash i t , "
said Bonneau. " I want people to know because we don't want
to be hurt anymore. I want justice for all of us, not just certain
people."
Union of B . C . Indian Chiefs president Chief Saul Terry,
citing a Christmas Eve death on his own reserve, said the
Thompson case " i s another example of the unequal, racist
treatment aboriginal people are handed out by this justice
system. This must stop."
GARY THOMPSON COMMITTEE
c/o June Quipp, P . O . B o x 2050, Hope, B , C . V O X 1L0
T e l : (604) 869-3050 Fax: (604) 869-7614
Page 3
LEGAL UPDATE
Corbiere et al v. Her Majesty the Queen
Case Summary
This is a case i n which certain members of the
Batchewana Indian Band who were not resident on the reserve
lands of the band challenged the validity of subsection 77(a) of
the Indian Act, certain provisions of the Indian Band Election
Regulations, and certain bylaws of the band on the basis that
they were contrary to sections 15, 2(d) and 7 of the Canadian
Charter of Rights and Freedoms, in that they required that
members of the band be normally resident on the reserve in
order to be eligible to vote in band elections and on other issues.
Analysis
We are advised by legal counsel for the Batchewana
Band that this decision is being appealed. The federal
government has filed a notice of appeal and Corbiere et al. have
cross appealed. The Batchewana Band is seeking an extension
of time to file a notice of appeal. For the balance of this
analysis, however, we will assume that the decision will stand,
and discuss the implications of the decision should it be upheld
on appeal.
The focus of the court decision is that both off reserve
and on reserve band members share an interest in the assets of
the band. In light of this fact, the court is concerned that only
on reserve members are given a voice in the management and
disposition of these assets. The court did not feel it appropriate
that off reserve band members should be excluded from the
decision making process with respect to these assets.
The court does not appear to be clear on where exactly
the line between decisions which require the input of the entire
band and those which may be limited to on reserve members
should be drawn. At one point the court refers disapprovingly to
provisions of the Indian Act which allow a band council elected
only by on reserve members to decide who should be given
possession of lands within the reserve (section 20). At page 20,
however, the court appears to approve of sections which give
power to the Chief and Council elected only by on reserve
members to deal with the management of "Indian moneys"
used for purely local purposes related to the provision of
education, social assistance, land management, and recreation
on the reserve. Despite this the court specifically declares the
election of Chief and Council by on reserve band members only
to be invalid in respect of the expenditure of Indian moneys
under subsection 66(1) of the Indian Act (expenditure of
revenue moneys).
Whether or not any particular decision requires the input
of both on and off reserve band members will depend on the
nature of that decision. Those decisions which are primarily
concerned with the disposition and management of the assets of
the band will generally require the input of the entire band,
while those decisions which are primarily concerned with the
regulation of life on the reserve may generally be restricted to
those band members living on reserve.
Page 4
The court also spends a great deal of time on history of
the Batchewana Band. The court finds as a fact that most of the
off reserve members of the Batchewana Band could not live on
reserve i f they wished because there were not adequate housing
resources to accommodate them. A n argument could, therefore,
be made that if band members lived off reserve due to their own
choice and preference rather than because the band was unable
to accommodate them on reserve then they would not constitute
a "disadvantaged group" in the same way that the off reserve
members of the Batchewana Band did. However, in our view
the heart of the court's decision in the Corbiere case is that both
on and off reserve band members share an interest in the assets
of the band. This legal finding is not affected by the reasons
underlying the fact that a band member does not live on reserve,
and it is this legal finding which gives rise to the right of both
on reserve and off reserve members to participate in decisions
with respect to these assets.
The court in Corbiere does not take the view that off
reserve band members must be given equal voice in all matters
pertaining to the government of the band. The court is quite
clear that there are many matters involving the regulation of life
on the reserve for which decision making powers are
appropriately confined to band members living on reserve.
Accordingly the decision does not affect the ability of Chief and
Council to deal with matters relating to the control and
regulation of life and conditions on the reserve as they have in
the past. When dealing with the management or disposition of
the assets of the band, however, both on reserve and off reserve
band members should be able to participate i n those decisions.
Accordingly we would recommend that when dealing with
surrenders, settlement agreements with respect to specific
claims, etc. Chief and Council should, in light of the decision
allow both on and off reserve members to participate in these
decisions.
It is our opinion, however, that the Corbiere case does
not require that off reserve band members be entitled to vote for
the election of Chief and Council. Rather the decision is
concerned with ensuring that off reserve band members have an
equal voice in the distribution, management and disposition of
the assets of the band.
If the decision stands, it will require changes to the way
in which certain decisions are made. It is most likely that the
response from the Federal Crown would be in the form of
amendments to the Indian Act. Rather than amending the
provisions with respect to the election of Chief and Council,
however, it would be possible to address the concerns raised in
the Corbiere decision by amending those sections of the Indian
Act which deal with the management of the particular assets in
question. Such amendments would require that off reserve band
members have a voice in decisions affecting these assets.
Finally, we would point out that there may be arguments
based on section 35 of the Constitution Act for limiting the
application of this decision. If a particular form of government
and decision making is grounded in the customs and traditions
of the people rather than in the Indian Act it may be protected
from the implications of the Corbiere case. Section 25 of the
Constitution Act states that:
Continued page 8
F E B R U A R Y 1994
INTERNATIONAL UPDATE - MAYAN / MEXICO
January 7, 1994
The Rt. Honourable Jean Chretien
Prime Minister of Canada
House of Commons
O T T A W A , Ontario
K1A 0A6
Dear Mr. Prime Minister:
We are writing this letter to express our mutual concern regarding
the deplorable situation of the Mayan Indian people in the southern
state of Chiapas, Mexico and the disastrous economic impacts the
North American Free Trade Agreement will have on them. N A F T A ,
and specifically corn imports were the catalyst for the armed
uprising. N A F T A ' s goal of making Mexico's countryside more
productive means that many small farmers will be forced to leave
the land (if they have any) and move elsewhere to take advantage
of better jobs. Coffee and corn prices, on which many people in
Chiapas depend, are low. N A F T A will lower corn prices even more
as duty-free American corn hits the Mexican market, further
driving down the price of locally grown corn. The fear is that the
North American Free Trade Agreement will undercut what are
already low corn prices, threatening the very foundations of the
traditional Mayan life and values.
However, this crisis is not only economic in nature. It is also
the latest episode in a long, unbroken litany of injustices and longstanding grievances experienced by the Mayan Indian people.
Mexico has a long history of colonization, institutionalized racism,
discrimination, human rights violations, and cultural genocide
perpetrated against its Indigenous peoples, beginning with the
Conquistadores i n 1524, and perpetuated by successive
governments, the ruling elites, and other structures. This is a 500
year old struggle.
Most Indian people in Mexico live in abject poverty. This
already low standard has been steadily declining. N A F T A will
further impoverish the Mayan Indians in Chiapas, as well as
millions of other Indian people and other Mexicans. For centuries
Indians have been systematically robbed of their ancient communal
lands. Even though the Salinas government and the World Bank
has poured more money into Chiapas than any other Mexican state,
the corrupt, oligarchical government institutions that have ruled
Chiapas, and indeed all of Mexico, for centuries still exist today.
The former governor of the State of Chiapas, Patrocinio
Gonzalez Blanco Garrido, who has long turned a blind eye to local
human rights violations, was named last year to a cabinet level
position as President Salinas' Interior Minister. The local authorities
and the army conspired with cattle ranchers to divest Indians of
their communal lands, which eventually ended up in the hands of
wealthy ranchers. The army harassed and intimidated local
Indians. The Mayan Indians have been driven into a last refuge in
the mountains. Most of the regions Indians scrape out a meagre
living labouring on the large corn and coffee plantations owned by
a few rich families. Many Indians earn less than $2.00 per day.
Some work as sharecroppers, growing corn on land they rent, then
selling it for a few pesos.
F E B R U A R Y 1994
Since these aforementioned facts are well known, we find
it utterly appalling that your government signed N A F T A . Canada
clearly should not have signed this agreement until Mexico agreed
to and implemented major reforms. We therefore ask your
administration to:
1. Closely monitor the situation in Chiapas and all of Mexico,
remaining openly critical of any human rights abuses against
Indigenous people or other Mexicans. (We have learned, for
example, that on January 5, 1994 witnesses reported that seven
suspected insurgents were bound, then forced to lie on the ground
before being fatally shot in the head in the public marketplace in
the Mayan town of Ocosingo, Chiapas).
2. Insist to the Mexican government that environmental and labour
standards be substantially improved.
3. Insist to the Mexican government that amnesty be granted to
Mayan Indian prisoners.
4. Insist to the Mexican government that Indigenous people in
Mexico are protected from the detrimental effects of N A F T A , and
that special economic development initiatives for Indigenous
peoples be created.
5. Insist to the Mexican government that genuine land reform must
occur throughout Mexico to assure that all Indigenous peoples, as
well as other poor Mexicans have an ample land base on which to
survive and flourish, and that all lands taken from the Mayan
Indians of Chiapas be returned.
6. Insist to the Mexican government that meaningful dialogue with
Mayan and other Indigenous leaders throughout Mexico take place
to settle their longstanding grievances, and that these dialogues be
monitored by internationally respected human rights organizations
and Indigenous observers from other countries.
7. Insist to the Mexican government that the languages and
cultural identities of the Indigenous peoples of Mexico be officially
recognized, promoted and preserved.
8. Insist to the Mexican government that discrimination,
institutionalized racism, and cultural genocide against the
Indigenous peoples in Mexico be stopped.
Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry,
President
V A N C O U V E R M A Y A N INDIAN SUPPORT GROUP
Lix Lopez, Spokesperson
Page 5
One Citizens Opinion
Dear Chief Robert Bruce Jr.,
UBCIC RESOURCE CENTRE
Selected List of New Materials
There are so many materials being published on First Nations
issues that it is overwhelming. It makes my job of selection for the
Resource Centre collection difficult because there are so many
materials and only so much money for acquisitions. Here is a
selected list of materials currently available which may be of
special interest. If you have any questions about any of these
materials please call me at 684-0231 or F A X me at 684-5726 in
Vancouver.
First Nations Taxation: Dynamic Strategies - Emerging Issues.
Proceedings of the Conference sponsored by the Native
Investment and Trade Association, held in Vancouver, December
2 & 3,1993. Includes materials on Income Tax; Commodity Taxes
and other Levies; Tax Issues for Aboriginal Business; materials on
' 'New Directions"; and, on the Impact of Financial Institutions. It
is a substantial document.
Available from: Native Investment and Trade Association
Box 150 - 1111 Melville Street
Vancouver, B.C. V 6 E 3 V 6
Phone 684-0880 F A X 684-0881
Cost: $50.00 total (prepayment not required)
The Mechanics of Aboriginal Land Settlements: Preparing
and Negotiating Claims. Proceedings of the Conference
sponsored by the Native Investment and Trade Association,
held in Vancouver, September 30 & October 1,1993. Includes
materials on Comprehensive and Specific Claims and on Negotiating
Techniques and Strategies.
Available from: Native Investment and Trade Association
address given above
Cost: $50.00 total (prepayment not required)
Consolidated Native L a w Statutes, Regulations and Treaties,
1994. This is a new publication from Carswell, one of the top two
legal publishers in Canada. It puts all the legislation and regulations
relevant to First Nations in one place. It is up-to-date as at October
1993. It also includes copies of the major treaties, the Royal
Proclamation of 1763, etc. This is an indispensable reference
source.
Available from: Carswell
One Corporate Plaza
2075 Kennedy Road
Scarborough, Ontario
M I T 3V4
Toll free 1-800-387-5164
Cost: $42.00 +GST ifapplicableplus$3.77shippingand handling.
Continued page 8
Page 6
I am writing this letter to you, for you are a representative and
listener for our people as elected chief of the Vuntut Gwitchin, I
felt it was time I expressed my concerns and share some of the
knowledge and wisdom I know i n my heart and fully
understand in relation to the land claim process.
First of all, I offer respect, sharing, caring and honesty,
first to you as a person, and to you as elected chief of the Vuntut
Gwitchin. I know you hold a great responsibility and you have a
hard task. I am not writing this letter out of malice, anger or
hate, but rather out of respect, love and understanding. After
long thought and contemplation, I fully understand who I am,
why I am here, where I came from, and where I am going. I live
and breath my heritage. M y bloodlines which date back
thousands of years with the -- Netro--, is something I have
learned to accept once I began to heal and started to see and feel
more clearly. I have also accepted gifts from my father's side
the -- Tizya --. So, this is how I am talking to you, not as a well
educated and well-read person, but as an "Indian". I rely very
much on my relationship with, first and foremost our
"Creator", our "Elders", our "children" and the " L a n d " .
Over the years I have been fortunate enough to have had great
knowledge and "wisdoms" shared with me. I do not take these
gifts or accept them of myself, although they are a part of me. I
can only attribute them to those who have shared with me, after
hard work and sacrifice, on their part. These gifts have been
handed to me - freely! They have been handed to me - for me,
to measure within myself and then come to a decision as to how
I will use them according to my abilities, for the betterment of
my people, and my "Nation".
As long as our negotiators are negotiating, whether in
secret and/or across the table, the giving up of "Aboriginal
Rights" and "Aboriginal Title", as defined by our "Elders" in
relation to "True Indian Government" and the "Great Spirit"
and the responsibilities we hold to the "Great Spirit" as
extinguishment of our "Aboriginal Rights and Title" in any
+CANNOT give my consent in any form to the existing claim
which was presented to me — by mail.
Having gone over the documents which were sent to me
by the Vuntut Gwitchin Tribal Council over the past months,
over the years of 1992 and 1993,1 have come to the conclusion
that the present - C l a i m - is a T H R E A T , not only to me but
also to my way of life, the lives of my children and to those that
will surely follow and those who will have to live under this
" C l a i m " . I am not attacking nor am I saying the land-claims
process is wrong. I am saying, how this whole process ends
could mean whether it will benefit our people or end up in dire
consequences.
It would be the easy thing to do, to laugh off, ridicule,
down play or ignore this letter. I do not have a doubt that this
will occur. Some may even feel the need to twist my words! But
that will not change the reality of what will happen to the
Vuntut Gwitchin in the years following the signing of this
Continued page 7
F E B R U A R Y 1994
(Continuedfrom page 6)
paper. As long as extinguishment of our "Aboriginal Rights"
and "Aboriginal Title" is in place within the Vuntut Gwitchin
Claim, we can be very sure, in ten short years or probably less,
the true implications of this "Legal Document" will "bare it's
face!" Remember, the moment this document is signed, there
will be no turning back.
We, as "Indian People" do not, truly understand the
"Legal Processes and Procedures" which are being thrust upon
us. When the Canadian Government talks " l e g a l " , you can be
sure that there are many ways this legal talk can be interpreted
back to us. They are constantly at work and finding ways
around our legal position ~ even this should be telling us
something and yet I see not too many people with the awareness
or the heart to ask "hard questions". They have designed their
strategy to the point where we don't care any more. When we
given up this gives them and those who help them a free hand
to do what they want with our lives. I know, right now,that not
too many people in Old Crow and a lot of other places for that
matter, do not truly understand what they may vote yes to,
because I know they have not been told or have been shown the
"whole picture" and all that is involved and what is so
important in what we need to know, so we can make a fair
decision for ourselves, as a " N a t i o n " . Look at how we have
been struggling for the past twenty years or so, with the Land
Claims. Many of us are so fed up and frustrated we don't care
any more. And for all those who are pushing the existing land
claim, this negative attitude gives them a free hand to do what
they want with our lives.
Many of us, all over Indian Country, talk about "SelfGovernment" and I see and hear many of us defining selfgovernment exactly the way a member of representative of the
Canadian Government would. When a l l the while our
"Elders" all over this Great Island, which being North and
South America, are trying to tell us what Self-Government
really is. Many of our leaders are saying and put on a show,
that they listen to the "Elders", but what they say and do and
even the terms on which they negotiate and the Vuntut
Gwitchin Land Claim is proof that they do not listen to what the
" O l d Ones" are saying.
We are not a " N a t i o n " of ourselves, we cannot stand
alone. Without the other Indian Nations all over this Great
Island we could not have possibly survived, not alone, and it is
the same today, this fact has not changed. Without the Indian
Nations being her first -the first White explorers also would
not have survived. Our Elders are telling us " I n d i a n
Government was and still is, in existence and has been for
thousands of years.'' Our way of Government was developed,
implemented, maintained, and recognized nation to nation long
before our White brothers came across the waters.
The Canadian Government has had a lot of time to plan
and implement their land claims process, since 1947. The
finally came to the realization that assimilation was doomed to
failure. Before assimilation the Canadian Government had
begun the taking of lands by a process known as "Genocide."
Genocide meaning the outright killing of one nation by another
nation. They also had to put a stop to this due to the outcry of
the European population, therefore the Kings and Queens had
F E B R U A R Y 1994
to demand the cessation of this process. So now the Canadian
Government has only one recourse to gain title to the land and
that is through the land claims process — there is nothing else
left for the now. The time has come for the Canadian
Government to begin acceptance of who and what we are and
the part we have to contribute, not only to Canada but to the rest
of the world. It's time for us to stop this constant giving in to
all their wants and expectations. The Vuntut Gwitchin Land
Claim as it now stands before ratification, is a sure indication
that we as a people will literally end up with - nothing.
The few Indian nations that have come to the Yukon
Territory from other places, such as Alaska who have signed a
land claims agreement involving the extinguishment of
Aboriginal Rights and Title in return for cash settlement, have
come with their warnings. They are now paying dearly for their
haste and mistaken decisions. So after having learned such a
hard lesson and I emphasize "hard", they, out of desperation
and frustration see the importance of warning those of us who
have not yet signed a similar agreement and the Vuntut
Gwitchin Claim at this point in time falls into that category.
Even after these warnings, I am dumbfounded to see that no one
is listening. Our present leaders, I feel, only hear what they
want to hear, when they hear something that hurts their ears,
they feel threatened so they carry on like nothing happened. Or
else they say, that's not us — well i f anyone with common sense
takes a good look anyone can see that it is us. It seems to me all
that matters is the few million we are going to receive over the
next few years. It won't take long for those few million to be
used up. A greater percentage is already owed back to the
Canadian Government. Look at the economy today, to make a
million dollars with anything it has to be invested and used for
big business. In the business world a million dollars is chicken
feed — nothing! What Indian or groups of Indians do you
know, that can handle vast amounts of finance — successfully?
Very, very few i f any! If we as people tried to enter into big
business and that is the only way to go, if you take our situation
into consideration, or we formed a corporation or even entered a
part of the private sector, the business community would chew
us up and spit us out — broke! That's the real world of
business. I would hate to imagine what will happen once we
find we have to enter into the world of big business. Look at the
news media; everyday big businesses are going under. Some
that have survived for years and years, even they are finding it
hard to keep their heads above water. Even i f the Vuntut
Gwitchin were to form a corporation we would go under the
thumb of the Federal Government of Canada. A g a i n , a
corporation is big business with very harsh rules and guidelines
to follow. If you look really close at a corporate contract and
you find the "right" person to explain it and if you receive the
right advice, you will find this to be true. The few business
ventures the Yukon Indians are now involved in (and don't fool
yourself into thinking these are big business ventures), those
attempting these are now finding out for themselves how hard
business can be. A n d that is just the beginning. If we are to
succeed in business, we must take the reins ourselves. It won't
take long for those few millions to disappear.
Continued page 9
Page 7
Legal Update (Continuedfrom page 4)
The guarantee in this Charter of certain rights and
freedoms shall not be construed so as to abrogate or derogate
from any aboriginal, treaty or other rights or freedoms that
pertain to the aboriginal peoples of Canada including
(a) any rights or freedoms that have been recognized
by the Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that now exist by way of
land claims agreements or may be so acquired.
If it could be established that the decision making
process provided for by the Indian Act is a recognition of
traditional practices of confining decision making power to
those resident within the community then the discrimination
argument based upon section 15 of the Charter would not be
available.
In summary, the Corbiere decision does raise concerns
about how Chief and Council exercise their decision making
power with respect to the disposition and management of the
assets of the band. However, so long as provision is made to
include the voice of off reserve band members in these types of
decisions it should not otherwise interfere with the ability of
Chief and Council to conduct their other governmental
functions.
Resource Centre Update (Continuedfrom page 6)
(May have to be prepaid if you do not have an account with
Carswell)
You can also establish a "standing order" for the annual
revisions which will be sent to you automatically when they are
published.
Arrowfax National Aboriginal Directory. The new edition of
this invaluable directory is finally available. This directory
provides addresses, phone and fax numbers for just about any
and every First Nations any and everything across Canada and
in the North. It is well indexed and easy to use in its new
binder format.
Available from: Arrowfax
P.O. B O X 66009, Unicity Postal Outlet
Winnipeg, Manitoba R3K 2E7
Toll free 1-800-665-0037
Cost: 25.00 + $1.75 GST i f applicable
You can order Arrowfax directories using the toll free number.
They will ship the directory and include an invoice.
Boundaries of Home: M a n n i n g for Local Empowerment.
"Boundaries of Home" will help you find, use and create maps
using libraries, to oral histories to sophisticated computers.
Introduces a wide range of home-grown, creative maps that are
useful as models for everything from land claims to local histories.
Available from: New Society Publishers
P.O. Box 189
Gabriola Island, B . C . V 0 R 1X0
F A X 247-7471
Cost: $13.95 + GST i f applicable
Aboriginal Rights, Aboriginal Justice, and Aboriginal SelfDetermination. is an annotated bibliography by Ted Pays, Ph.D,
Simon Fraser University. This 300 page document with over 140
annotated articles provides an extensive overview of the burgeoning
literature in the realms of aboriginal rights, aboriginal justice, and
aboriginal self-dermination. The document helps researchers
better identify materials of particular relevance to their interest,
and introduces them to sources they might not otherwise have
found.
Available from: Institute for Studies in Criminal Justice Policy
SFU at Harbour Centre
515 West Hastings St.
Vancouver, B.C. V 6 B 5K3
291-5198 F A X 291-4140
Cost: $25.00 total (You can F A X them an order request and they
will invoice you).
Upcoming L i b r a r y Skills Workshops
Of interest to those staff of Bands, Tribal Councils and other
First Nations organizations that take care of library/archives
collections, will be upcoming 4-day library skills workshops held
here in Vancouver at the George Manuel Institute, the first of which
is tentatively planned for early March. Look for more detailed
information in mailouts coming scon or call me for more information
(684-0231).
Wendy Ancell
U B C I C Librarian
Also from Arrowfax:
International Intertribal Directory. Includes Canadian and
U.S. listings. Being published in February, 1994.
Cost: $35.00 + GST i f applicable
North A m e r i c a n Indian Bingo & Casino D i r e c t o r y .
Published twice a year. Next issue available this month.
Cost: $10.00 + GST if applicable.
Page 8
"I make it three million shopping days to Christmas."
F E B R U A R Y 1994
One Citizens Opinion (Continuedfrom page 7)
We, as an Indian Nation have a desperate need for
healing, and there is no one single Indian who can say they are
not sick and I'm talking about our Mental, Physical, Emotional,
Sexual and Spiritual sickness! The impact of abuse is one
hundred percent on our Nation, we are not different than any
other, and I mean all nations with this society as a whole.
Healing must come first! For those who don't know, the
Canadian Government has a legal — this is by law —
International L a w — they have a legal obligation to help lead
the Indian Nations to self-determination. A n d helping us to
heal is a part of self-determination.
If we attempt to use the land claims monies to help
ourselves, these attempts will be to no avail. For we are not
healthy. How many Indians do you know who are sick from
A l c o h o l i s m , C h i l d molestation, Incest, Wife-beating,
Criminality and the list goes on. These sicknesses are so
ingrained within our communities we actually believe these
things to be normal. W e l l , they are not normal. A n d I for one
admit to my sickness and have begun my healing process and
have become a better human being for it. Right now my worst
enemy is — ourselves. Under our present condition all the land
claims money will be lost, gone in a few years, then we'll have
to start selling those few plots of land that have been set aside
to pay taxes and expenses. Taxes and expenses are set aside to
pay taxes and expenses. The Canadian Government has
designed all kinds of ways to tax. One way or another they're
going to get their money back, no matter what they agree to on
paper, they already know and have worked the ways in which
the same money we receive is going to be back in their
treasury. Only the next time it's going to stay there.
It is a known fact that no Indian Nation within the
borders of Canada, have ever been conquered, and also those
who have not yet given up or extinguished their ' 'Aboriginal
Rights" and "Aboriginal T i t l e " still to this day maintain
" t i t l e " to the lands, " l e g a l l y " . This is why the Federal
Government of Canada is so desperately trying to get us to
give up our rights and title. A n d they have developed a well
known process, known down through history. Known to many
nations throughout the world as " D i v i d e and Conquer".
For any peoples to survive as a nation, they must have the land
base. For everything comes from the land, our homes, the
money in our pockets, our clothes, the food on our table,
everything. Everything comes from Mother Earth and
everything will go back to her, as sure as the grass will grow.
In our present situation, the land base which I speak of, the
land base the Canadian Government is trying so hard to get, is
the Title and Rights they are asking us to extinguish for a few
million dollars. In consideration of the present land claims
which has been presented to us as an offer of good will to
make up for the last few hundred years by the Canadian
Government, and understanding why this process has been
presented, then we must be very careful what we accept or
agree to in relation to our survival as a " N a t i o n " . Whether
the Canadian Government accept us as a Sovereign Nations or
not, it does not change the fact that we still possess the legal
F E B R U A R Y 1994
title to all lands known as "Rupertland" or what we call
"Indian Territory"!
We must rely on our true strength, the true strength in
knowing who and what we are. For any one person or any
nation to know where they are going, they must know where
they came from. Our true strength lies in our relationship with
our Creator, our Elders, the People and the Land and our
responsibilities to they Creator, our Elders, the People and the
Land.
I know many people have worked hard to get to where
we are today, but that does not mean that what has been
accomplished is right. Not when the purpose is extinguishment
of our Rights and Title. I f we stand and speak out, and
negotiate as a true Indian Nation, then there is nothing on this
earth that can stop us. Back when the Canadian Government
all of a sudden announced their willingness to negotiate the
land claims, a lot of people got caught up in this new found
freedom, but then there were those who sat back and asked —
Why? A n d that is a good question! W h y do they want to
negotiate i f they have always claimed they have title to the
land. If they have title why don't they just take it? There is
something stopping them and you can bet that it's something
legal that's stopping them from — just taking the land.
THINK!
Through it all, and having come full circle, I was born
"Indian", I was lost for a while, but now I am a true Indian.
Taking this into consideration I will never change my way of
life, nor will I give anyone consent to do so. Especially when
my existence and the existence of my nation and my people,
are on the line. I have heard from well experienced people that
certain individuals, who are totally committed to this land
claim within the political arena can be very cruel, when they
feel threatened by persons like myself. I have been told their
cruelty goes even to the point of hurting children, i f this is so,
then so be it. A s long as those people can answer when the
time comes to answer, and that day w i l l surely come,
regardless I will never change my stance, not even when my
body is laying on a platform up in the mountains and the
eagles come for me~I will not have changed!
I pray you will take the time to sit down quietly and feci
out this message. Don't just think about it, don't just reason it,
but feel it with the heart for an open heart will always reveal
the truth. A n d the road of truth, The Red Road, is sometimes
hard to walk, and yet for "good of our people" we must walk
it. So many of us, all we think about is what money can do.
We never consider the down side. W e never take the legal
aspect into account then we pay dearly for it, and the sad thing
is our children pay a heavier toll!
So I say, with all respect to you and your loved ones,
and to the Vuntut Gwitchin,
Thank You
Charles Tizya
Page 9
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Page 10
J A N U A R Y 1994
Union of B.C. Indian Chiefs
NEWSLETTER
FEBRUARY 1994
OTTAWA ANNOUNCES DISCUSSIONS ON SELF-GOVERNMENT
BUT
WHERE ARE THE INDIANS?
On January 19, Indian Affairs Minister Ronald the documents in discussing the
Irwin announced that the new Liberal government’s government’s approach to implementing
first step in fulfilling its election promises would be a our inherent right of self-
series of meetings on ‘‘aboriginal self- determination. We have to ask:
government.’’ The Department of Indian WHERE ARE THE INDIANS?
Affairs issued the Minister’s press release WHERE ARE OUR NATIONS?
and a backgrounder on the “‘inherent It appears that our peoples’
right of self-government’’ the next inherent right of self-
day. If the language in these determination as nations
documents is an indication of new with distinct territories
policy directions, then First Nations is being lumped
are in for a very big surprise. We have together with the
disappeared! inherent rights of
The words ‘‘First Nations’’ and our aboriginal
‘‘Indians’’ do not exist in the government’s sisters and
four-page announcement. The brothers. It
terms ‘‘aboriginal peoples’’ and ‘‘aboriginal appears that
self-government’’ are used throughout our political
rights are
being set apart
from our economic
and territorial rights. It
appears that the Royal
Proclamation of 1763 and
Section 91(24) of the B.N.A. Act
IN THIS ISSUE ...
meesseseram aie Erestdent p2 are being set aside by Canada in its
Sto:Lo Inquiry p.3 quest to implement ‘‘aboriginal self-
government.”
Legal Update p. 4 Did Minister Irwin simply make an honest
mistake in his choice of words? Or is this a sign of the
policies to come later this year? As we seek
clarification, we should bear in mind: se//-government
without sovereignty is termination.
Mayan / Mexico Update —sesP. 5
Resource Center Update ____ p. 6
FEBRUARY 1994 mm wetade CEES Page |
oy a ee |
Federal Government Promises A New_Era
The defeat of the Charlottetown Accord on October 26, 1992 was
followed one year later, on October 25, 1993, by the resounding electoral
victory of the Liberal Party. ‘‘Indian’’ Peoples generally do not place a lot of
hope in election promises, therefor, it should come as no surprise that
reference to recognition of our inherent governing systems has been made. In
MESSAGE
FROM Trle
PRESIDENT;
firmly to the Federal Government.
likelihood, this will shape the agenda of the “‘Indian’’ nations for the next
decade.
The Minister of Indian and Northern Development, Ron Irwin, will
attempt to pull Indian self-government from our psyche over the next six
months. It should be noted that when you look closely at Mr. Irwin’s press
release of January 19, 1994, there are no reference to ‘‘First Nations’’
let alone our other acquired collective name ‘‘Indians’’. I shudder at the
thought, but are these the shadows of the Alternative Legislative Initiatives of
the late Progressive Conservatory government? IJ see shades of the
Charlottetown Accord; of Rule of Law; Federal and Provincial/Territorial
integrity; municipal style self government and fabricated styles of urban
self-government, which will be nothing more than the administration of
programs and services. This is a far cry from the recognition of our nations,
territories, cultures, and spiritual realities. There are also hints in the
Minister’s press release that the old policies may continue to exist. While I hope with my whole being that the era
of lies, manipulation, abuse of power and arrogant bullying is over, I am not holding my breath. I would like to
believe that this Chretien government will honour its trust obligations to the “Indian “* Peoples.
It remains, however, that for meaningful and substantive change to occur we must roll up our sleeves and get
to work. We must get the message across that we have worked hard over the last quarter century and laid down
principles or recognition, negotiation and implementation by which we firmly stand. Our forefathers and
elders demand it and our future generations and our grandchildren deserve it.
For these reasons, I as your President, will be meeting with other leaders of Indian organizations to seek our
common issues upon which to develop a strategy for achieving practical and lasting solutions. We must put these
This must be done, otherwise ideas for legislation, policy and
program guidelines will, once again, be dictated by mandarins in the ministerial offices. As always your
comments, suggestions or questions are welcome. Send them along to our Vancouver or Kamloops offices. @
BONE MARROW DONOR NEEDED
Dear First Nations, Tribal Councils,
Bands and Respected Leaders:
Iam sending this letter to your
organization in order to find help and to
urge all First Nations people to donate
blood to their local Red Cross
organization.
My cousin, Stan Luggi, was
diagnosed with a rare blood disorder
called Paroxysmal Nocturnal
Hemoglobinuria (PNH) in 1988. PNH
is a disorder in which red blood cells
are destroyed, resulting in bloody urine,
especially at night. A basic membrane
defect in the red blood cells is involved.
The cause is unknown, but it is linked to
abnormal bone marrow. Occurring
mainly in adults between 25 and 45
years of age, it has symptoms of
stomach and bowel pain, back pain, and
headache. Problems may be blood
clotting problems and lack of iron.
Treatment includes giving blood, iron,
and drugs to halt blood clotting.
Since then his name has been
entered into numerous computers
throughout the world to enable a search
for possible blood matches and/or bone
marrow donors. My family has been
recently told that through this world
search they have not found a possible
donor. My family is going to bve tested
after New Year’s and hopefully someone
in our family will match Stan’s needs.
I am writing this letter to
encourage all First Nations Peoples to
please go to your nearest Red Cross
organization and donate blood. My aunt,
Theresa Luggi, explained to me that if a
non-Native person needed a bone
marrow transplant it would have to come
from a non-Native person. So, in my
cousin Stan’s case it would have to come
from a Native person because we are told
that Native people have a unique white
blood cell ‘‘marker’’. The markers on
the white blood cells have to match with
Stan’s. This is the main reason why Iam
sending this letter to your organizations.
Please send this letter to your
organizations that you feel would be
interested. If you have any questions,
please feel free to contact me at work:
(604) 690-7211 or at home (604) 690-
7413.
I hope this letter finds the person
we need. Thank you very much and God
Bless You All,
Sincerely,
Anita Louie, Nadleh Whut’en Band
L
Page 2
all
FEBRUARY 1994
STO:LO DEMAND INQUIRY
The Sto:lo people are demanding a full commission of inquiry
into the slipshod and insensitive handling by the B.C.justice
system of the tragic death of Gary Thompson, a young Sto:lo
father of two.
Thompson, just 29 when he was brutally beaten to
death by three men on Sept. 21, 1991, was trained as an
architect and came from a large, extended, loving Sto:lo
family. Their grief at his death has been intensified by the
bungling at every level of the judicial system which was
supposed to deliver justice in the death of their beloved son.
Police and investigators called the death of Gary
Thompson one of the most brutal beatings they had ever
witnessed. Yet the three killers walked away virtually scot-
free: One gave evidence to the Crown and was never charged
and two walked away with sentences of one year and nine
months, The killers were portrayed in court as upstanding
young men under the influence of alcohol yet Gary had 54
lacerations on his body, head, abdominal and chest injuries.
The killer whose one-year sentence is up for appeal was not
too drunk to pick up a heavy cement block, three times, and
drop it on Gary’s head from a great height. Why did the judges
involved not consider the full facts in the death? How did
lesser charges get laid?
Skowkale Chief Steven Point, a lawyer and respected
comununity leader, is outraged that the three Appeal Court
Judges considering an appeal of a one-year sentence handed
out to Gary’s killer are restricted by law from considering the
family’s pain and grief, the severity of the beating, eyewitness
evidence or the full facts of the case. They cannot
even consider a new charge of murder, rather than the puny
charges of manslaughter and assault that the Crown
inexplicably laid.
“*The handling of this case brings the whole justice
system into disrepute,’’ Point said Thursday outside the
downtown Vancouver courthouse. ““How could a charge of
manslaughter or assault be laid in such a heinous crime as this,
and how can a man be walking free four or five months after
brutally beating an unconscious man to death?”’
The family had no knowledge that the Crown would lay
minimal charges against Gary’s killers and they were outraged
when the Crown plea-bargained, without their knowledge or
consent, minuscule sentences with no trial. On August 27,
1993, Thomas Eneas got a one-year sentence for manslaughter
for caving in Gary’s head with a cement block and brutally
beating him for almost 40 minutes. Troy Williams got nine
months for aggravated assault. An appeal of Eneas’ sentence
is being heard today in the B.C. Court of Appeal but he also is
up for parole on Jan. 13.
Human rights activist Aziz Khaki, of the Committee for
Racial Justice, demands: “‘If this was a case of three native
guys brutally beating a white man to death, would you see a
charge of manslaughter and the killers walking free in less
than a year? I don’t think so,”’
The family of Gary Thompson, his mother Doreen Bonneau
and his wife Maggie Pettis, the mother of his two young sons,
and the Sto:lo nation of 2,500 people residing in the Fraser
Valley will not rest until they have obtained justice in the
death of Gary Thompson.
Bonneau, full of grief at hearing the brutal facts of her
son’s death in a court of law again today, asks: ‘“When 1s a
murder not a murder? You throw a rock on someone’s head
three times and that’s not murder?’’ Bonneau and other family
members call the handling of the case including the charges
and the sentence “‘racist”’ and “‘an insult.”’
The family wants answers to these questions about the
justice system’s bungling of the case:
* Why did the police not arrive on the scene until more than 40
minutes after the brutal beating began, despite more than one
911 call?
* Why did the Crown counsel not obtain and put before the
preliminary hearing and the sentencing judge the detailed
victim impact statements given to the Hope RCMP by family
members?
* Why were there two different judges at the preliminary
hearing and the sentencing, and why did the sentencing judge
not even have a preliminary hearing transcript to tell him the
facts of the case?
* Why didn’t the sentencing judge have an autopsy report
before him? Why didn’t the three appeal court judges even
have an autopsy report before them in the courtroom today?
* Why did the three appeal court judges not have victim
impact statements before them today, despite continued
involvement by Victims’ Assistance programs and the
repeated requests of the family?
Bonneau wants B.C, Attorney General Colin Gabelmann to
fully investigate the handling of this case. ‘‘I don’t want
politicians or people in power to just take this and squash it,”’
said Bonneau. “*I want people to know because we don’t want
to be hurt anymore. I want justice for all of us, not just certain
people.’
Union of B.C. Indian Chiefs president Chief Saul Terry,
citing a Christmas Eve death on his own reserve, said the
Thompson case ““is another example of the unequal, racist
treatment aboriginal people are handed out by this justice
system. This must stop.”’
GARY THOMPSON COMMITTEE
c/o June Quipp, P.O. Box 2050, Hope, B,C. VOX 1L0
Tel: (604) 869-3050 Fax: (604) 869-7614
FEBRUARY 1994
Page 3
[
LEGAL UPDATE
Corbiere et al v. Her Majesty the Queen
Case Summary
This is a case in which certain members of the
Batchewana Indian Band who were not resident on the reserve
lands of the band challenged the validity of subsection 77(a) of
the Indian Act, certain provisions of the Indian Band Election
Regulations, and certain bylaws of the band on the basis that
they were contrary to sections 15, 2(d) and 7 of the Canadian
Charter of Rights and Freedoms, in that they required that
members of the band be normally resident on the reserve in
order to be eligible to vote in band elections and on other issues.
Analysis
We are advised by legal counsel for the Batchewana
Band that this decision is being appealed. The federal
government has filed a notice of appeal and Corbiere et al. have
cross appealed. The Batchewana Band is seeking an extension
of time to file a notice of appeal. For the balance of this
analysis, however, we will assume that the decision will stand,
and discuss the implications of the decision should it be upheld
on appeal.
The focus of the court decision is that both off reserve
and on reserve band members share an interest in the assets of
the band. In light of this fact, the court is concerned that only
on reserve members are given a voice in the management and
disposition of these assets. The court did not feel it appropriate
that off reserve band members should be excluded from the
decision making process with respect to these assets.
The court does not appear to be clear on where exactly
the line between decisions which require the input of the entire
band and those which may be limited to on reserve members
should be drawn. At one point the court refers disapprovingly to
provisions of the Indian Act which allow a band council elected
only by on reserve members to decide who should be given
possession of lands within the reserve (section 20). At page 20,
however, the court appears to approve of sections which give
power to the Chief and Council elected only by on reserve
members to deal with the management of ‘*Indian moneys’’
used for purely local purposes related to the provision of
education, social assistance, land management, and recreation
on the reserve. Despite this the court specifically declares the
clection of Chief and Council by on reserve band members only
to be invalid in respect of the expenditure of Indian moneys
under subsection 66(1) of the Indian Act (expenditure of
revenue moneys).
Whether or not any particular decision requires the input
of both on and off reserve band members will depend on the
nature of that decision. Those decisions which are primarily
concerned with the disposition and management of the assets of
the band will generally require the input of the entire band,
while those decisions which are primarily concerned with the
regulation of life on the reserve may generally be restricted to
those band members living on reserve.
The court also spends a great deal of time on history of
the Batchewana Band. The court finds as a fact that most of the
off reserve members of the Batchewana Band could not live on
reserve if they wished because there were not adequate housing
resources to accommodate them. An argument could, therefore,
be made that if band members lived off reserve due to their own
choice and preference rather than because the band was unable
to accommodate them on reserve then they would not constitute
a “‘disadvantaged group’’ in the same way that the off reserve
members of the Batchewana Band did. However, in our view
the heart of the court’s decision in the Corbiere case is that both
on and off reserve band members share an interest in the assets
of the band. This legal finding is not affected by the reasons
underlying the fact that a band member does not live on reserve,
and it is this legal finding which gives rise to the right of both
on reserve and off reserve members to participate in decisions
with respect to these assets.
The court in Corbiere does not take the view that off
reserve band members must be given equal voice in all matters
pertaining to the government of the band. The court is quite
clear that there are many matters involving the regulation of life
on the reserve for which decision making powers are
appropriately confined to band members living on reserve.
Accordingly the decision does not affect the ability of Chief and
Council to deal with matters relating to the control and
regulation of life and conditions on the reserve as they have in
the past. When dealing with the management or disposition of
the assets of the band, however, both on reserve and off reserve
band members should be able to participate in those decisions.
Accordingly we would recommend that when dealing with
surrenders, settlement agreements with respect to specific
claims, etc. Chief and Council should, in light of the decision
allow both on and off reserve members to participate in these
decisions.
It is our opinion, however, that the Corbiere case does
not require that off reserve band members be entitled to vote for
the election of Chief and Council. Rather the decision is
concerned with ensuring that off reserve band members have an
equal voice in the distribution, management and disposition of
the assets of the band.
If the decision stands, it will require changes to the way
in which certain decisions are made. It is most likely that the
response from the Federal Crown would be in the form of
amendments to the Indian Act. Rather than amending the
provisions with respect to the election of Chief and Council,
however, it would be possible to address the concerns raised in
the Corbiere decision by amending those sections of the Indian
Act which deal with the management of the particular assets in
question. Such amendments would require that off reserve band
members have a voice in decisions affecting these assets.
Finally, we would point out that there may be arguments
based on section 35 of the Constitution Act for limiting the
application of this decision. If a particular form of government
and decision making is grounded in the customs and traditions
of the people rather than in the Indian Act it may be protected
from the implications of the Corbiere case. Section 25 of the
Constitution Act states that:
Continued page 8
|
Page 4
FEBRUARY 1994
INTERNATIONAL UPDATE - MAYAN / MEXICO
January 7, 1994
The Rt. Honourable Jean Chretien
Prime Minister of Canada
House of Commons
OTTAWA, Ontario
KIA 0A6
Dear Mr, Prime Minister:
We are writing this letter to express our mutual concern regarding
the deplorable situation of the Mayan Indian people in the southern
state of Chiapas, Mexico and the disastrous economic impacts the
North American Free Trade Agreement will have onthem. NAFTA,
and specifically corn imports were the catalyst for the armed
uprising. NAFTA’s goal of making Mexico’s countryside more
productive means that many small farmers will be forced to leave
the land (if they have any) and move elsewhere to take advantage
of better jobs. Coffee and corn prices, on which many people in
Chiapas depend, are low. NAFTA will lower corn prices even more
as duty-free American corn hits the Mexican market, further
driving down the price of locally grown corn. The fear is that the
North American Free Trade Agreement will undercut what are
already low corn prices, threatening the very foundations of the
traditional Mayan life and values.
However, this crisis is not only economic in nature. Itis also
the latest episode in a long, unbroken litany of injustices and long-
standing grievances experienced by the Mayan Indian people.
Menico hasa Jong history of colonization, institutionalized racism,
discrimination, human rights violations, and cultural genocide
perpetrated against its Indigenous peoples, beginning with the
Conquistadores in 1524, and perpetuated by successive
governments, the ruling elites, and other structures. This is a 500
year old struggle.
Most Indian people in Menico live in abject poverty. This
already low standard has been steadily declining. NAFTA will
further impoverish the Mayan Indians in Chiapas, as well as
millions of other Indian people and other Mexicans. For centuries
Indians have been systematically robbed of their ancient communal
lands. Even though the Salinas government and the World Bank
has poured more money into Chiapas than any other Menican state,
the corrupt, oligarchical government institutions that have ruled
Chiapas, and indeed all of Mexico, for centuries still exist today.
The former governor of the State of Chiapas, Patrocinio
Gonzalez Blanco Garrido, who has long turned a blind eye to local
human rights violations, was named last year to a cabinet level
position as President Salinas’ Interior Minister. The local authorities
and the army conspired with cattle ranchers to divest Indians of
their communal lands, which eventually ended up in the hands of
wealthy ranchers. The army harassed and intimidated local
Indians. The Mayan Indians have been driven into a last refuge in
the mountains. Most of the regions Indians scrape out a meagre
living labouring on the large corn and coffee plantations owned by
a few rich families. Many Indians earn less than $2.00 per day.
Some work as sharecroppers, growing corn on land they rent, then
selling it for a few pesos.
Since these aforementioned facts are well known, we find
itutterly appalling that your government signed NAFTA. Canada
clearly should not have signed this agreement until Mexico agreed
to and implemented major reforms. We therefore ask your
administration to:
1. Closely monitor the situation in Chiapas and all of Mexico,
remaining openly critical of any human rights abuses against
Indigenous people or other Mexicans. (We have learned, for
example, that on January 5, 1994 witnesses reported that seven
suspected insurgents were bound, then forced to lie on the ground
before being fatally shot in the head in the public marketplace in
the Mayan town of Ocosingo, Chiapas),
2. Insist to the Mexican government that environmental and labour
standards be substantially improved.
3. Insist to the Mexican government that amnesty be granted to
Mayan Indian prisoners.
4, Insist to the Mexican government that Indigenous people in
Mexico are protected from the detrimental effects of NAFTA, and
that special economic development initiatives for Indigenous
peoples be created.
5. Insist to the Mexican government that genuine land reform must
occur throughout Mexico to assure that all Indigenous peoples, as
well as other poor Mexicans have an ample land base on which to
survive and flourish, and that all lands taken from the Mayan
Indians of Chiapas be returned.
6. Insist to the Mexican government that meaningful dialogue with
Mayan and other Indigenous leaders throughout Mexico take place
to settle their longstanding grievances, and that these dialogues be
monitored by internationally respected human rights organizations
and Indigenous observers from other countries,
7. Insist to the Mexican government that the languages and
cultural identities of the Indigenous peoples of Mexico be officially
recognized, promoted and preserved.
8. Insist to the Mexican government that discrimination,
institutionalized racism, and cultural genocide against the
Indigenous peoples in Mexico be stopped.
Yours truly,
UNION OF B.C, INDIAN CHIEFS
Chief Saul Terry,
President
VANCOUVER MAYAN INDIAN SUPPORT GROUP
Lix Lopez, Spokesperson
FEBRUARY 1994
Page 5
UBCIC RESOURCE CENTRE
Selected List of New Materials
There are so many materials being published on First Nations
issues that it is overwhelming. It makes my job of selection for the
Resource Centre collection difficult because there are so many
materials and only so much money for acquisitions. Here is a
selected list of materials currently available which may be of
special interest. If you have any questions about any of these
materials please call me at 684-0231 or FAX me at 684-5726 in
Vancouver.
First Nations Taxation: Dynamic Strategies - Emerging Issues.
Proceedings of the Conference sponsored by the Native
Investment and Trade Association, held in Vancouver, December
2 & 3,1993. Includes materials on Income Tax; Commodity Taxes
and other Levies; Tax Issues for Aboriginal Business; materials on
‘*New Directions’’; and, on the Impact of Financial Institutions. It
is a substantial document.
Available from: Native Investment and Trade Association
Box 150 - 1111 Melville Street
Vancouver, B.C. V6E 3V6
Phone 684-0880 FAX 684-0881
Cost: $50.00 total (prepayment not required)
The Mechanics of Aboriginal Land Settlements: Preparing
and Negotiating Claims. Proceedings of the Conference
sponsored by the Native Investment and Trade Association,
held in Vancouver, September 30 & October 1, 1993. Includes
materialson Comprehensiveand Specific Claims and on Negotiating
Techniques and Strategies.
Available from: Native Investment and Trade Association
address given above
Cost: $50.00 total (prepayment not required)
Consolidated Native Law Statutes, Regulations and Treaties,
1994. This is a new publication from Carswell, one of the top two
legal publishers in Canada. It puts all the legislation and regulations
relevant to First Nations in one place. It is up-to-date as at October
1993. It also includes copies of the major treaties, the Royal
Proclamation of 1763, etc. This is an indispensable reference
source.
Available from: Carswell
One Corporate Plaza
2075 Kennedy Road
Scarborough, Ontario
MIT 3V4
Toll free 1-800-387-5164
Cost: $42.00 + GST ifapplicable plus $3.77 shipping and handling.
Continued page 8
One Citizens Opinion
Dear Chief Robert Bruce Jr.,
I am writing this letter to you, for you are a representative and
listener for our people as elected chief of the Vuntut Gwitchin, I
felt it was time I expressed my concerns and share some of the
knowledge and wisdom I know in my heart and fully
understand in relation to the land claim process.
First of all, I offer respect, sharing, caring and honesty,
first to you as a person, and to you as elected chief of the Vuntut
Gwitchin. I know you hold a great responsibility and you have a
hard task. I am not writing this letter out of malice, anger or
hate, but rather out of respect, love and understanding. After
long thought and contemplation, I fully understand who I am,
why I am here, where I came from, and where I am going. I live
and breath my heritage. My bloodlines which date back
thousands of years with the -- Netro--, is something I have
learned to accept once I began to heal and started to see and feel
more clearly, I have also accepted gifts from my father’s side
the -- Tizya --. So, this is how I am talking to you, not as a well
educated and well-read person, but as an ‘‘Indian’’. I rely very
much on my relationship with, first and foremost our
‘*Creator’’, our ““Elders’’, our “‘children’’ and the ‘‘Land’’.
Over the years I have been fortunate enough to have had great
knowledge and ‘‘wisdoms’’ shared with me. I do not take these
gifts or accept them of myself, although they are a part of me. |
can only attribute them to those who have shared with me, after
hard work and sacrifice, on their part. These gifts have been
handed to me -- freely! They have been handed to me -- for me,
to measure within myself and then come to a decision as to how
I will use them according to my abilities, for the betterment of
my people, and my ‘‘Nation’’,
As long as our negotiators are negotiating, whether in
secret and/or across the table, the giving up of ‘‘Aboriginal
Rights’’ and ‘‘Aboriginal Title’’, as defined by our ‘‘Elders’’ in
relation to ‘“‘True Indian Government’’ and the ‘‘Great Spirit’’
and the responsibilities we hold to the ‘‘Great Spirit’’ as
extinguishment of our “‘Aboriginal Rights and Title’’ in any
+CANNOT give my consent in any form to the existing claim
which was presented to me -- by mail.
Having gone over the documents which were sent to me
by the Vuntut Gwitchin Tribal Council over the past months,
over the years of 1992 and 1993, I have come to the conclusion
that the present -- Claim-- is a THREAT, not only to me but
also to my way of life, the lives of my children and to those that
will surely follow and those who will have to live under this
‘*Claim’’. I am not attacking nor am I saying the land-claims
process is wrong. I am saying, how this whole process ends
could mean whether it will benefit our people or end up in dire
consequences.
It would be the easy thing to do, to laugh off, ridicule,
down play or ignore this letter. I do not have a doubt that this
will occur. Some may even feel the need to twist my words! But
that will not change the reality of what will happen to the
Vuntut Gwitchin in the years following the signing of this
Continued page 7
=
Page 6
=|
FEBRUARY 199
{
(Continued from pape 6)
paper. As long as extinguishment of our “‘Aboriginal Rights”’
and ‘‘Aboriginal Title’ is in place within the Vuntut Gwitchin
Claim, we can be very sure, in ten short years or probably less,
the true implications of this ‘““Legal Document’’ will ‘“bare it’s
face!’? Remember, the moment this document is signed, there
will be no turning back.
We, as ‘‘Indian People’’ do not, truly understand the
‘*Legal Processes and Procedures’ which are being thrust upon
us, When the Canadian Government talks ‘‘legal’’, you can be
sure that there are many ways this legal talk can be interpreted
back to us. They are constantly at work and finding ways
around our legal position -- even this should be telling us
something and yet I see not too many people with the awareness
or the heart to ask ‘‘hard questions’. They have designed their
strategy to the point where we don’t care any more. When we
given up this gives them and those who help them a free hand
to do what they want with our lives. I know, right now,that not
too many people in Old Crow and a lot of other places for that
matter, do not truly understand what they may vote yes to,
because I know they have not been told or have been shown the
‘whole picture’ and all that is involved and what is so
important in what we need to know, so we can make a fair
decision for ourselves, as a ‘“‘Nation’’. Look at how we have
been struggling for the past twenty years or so, with the Land
Claims. Many of us are so fed up and frustrated we don’t care
any more. And for all those who are pushing the existing land
claim, this negative attitude gives them a free hand to do what
they want with our lives.
Many of us, all over Indian Country, talk about “‘Self-
Government’’ and J see and hear many of us defining self-
government exactly the way a member of representative of the
Canadian Government would. When all the while our
‘*Elders’’ all over this Great Island, which being North and
South America, are trying to tell us what Self-Government
really is. Many of our leaders are saying and put on a show,
that they listen to the ‘‘Elders’’, but what they say and do and
even the terms on which they negotiate and the Vuntut
Gwitchin Land Claim is proof that they do not listen to what the
‘‘Old Ones’”’ are saying.
We are not a ‘‘Nation’’ of ourselves, we cannot stand
alone. Without the other Indian Nations all over this Great
Island we could not have possibly survived, not alone, and it is
the same today, this fact has not changed. Without the Indian
Nations being her first --the first White explorers also would
not have survived. Our Elders are telling us ‘‘Indian
Government was and still is, in existence and has been for
thousands of years.’’ Our way of Government was developed,
implemented, maintained, and recognized nation to nation long
before our White brothers came across the waters.
The Canadian Government has had a lot of time to plan
and implement their land claims process, since 1947. The
finally came to the realization that assimilation was doomed to
failure. Before assimilation the Canadian Government had
begun the taking of lands by a process known as ‘‘Genocide.”’
Genocide meaning the outright killing of one nation by another
nation. They also had to put a stop to this due to the outcry of
the European population, therefore the Kings and Queens had
to demand the cessation of this process. So now the Canadian
Government has only one recourse to gain title to the land and
that is through the land claims process -- there is nothing else
left for the now. The time has come for the Canadian
Government to begin acceptance of who and what we are and
the part we have to contribute, not only to Canada but to the rest
of the world. It’s time for us to stop this constant giving in to
all their wants and expectations. The Vuntut Gwitchin Land
Claim as it now stands before ratification, is a sure indication
that we as a people will literally end up with -- nothing.
The few Indian nations that have come to the Yukon
Territory from other places, such as Alaska who have signed a
land claims agreement involving the cxtinguishment of
Aboriginal Rights and Title in return for cash settlement, have
come with their warnings. They are now paying dearly for their
haste and mistaken decisions. So after having learned such a
hard lesson and I emphasize ‘‘hard’’, they, out of desperation
and frustration see the importance of warning those of us who
have not yet signed a similar agreement and the Vuntut
Gwitchin Claim at this point in time falls into that category.
Even after these warnings, I am dumbfounded to sce that no one
is listening. Our present leaders, I feel, only hear what they
want to hear, when they hear something that hurts their ears,
they feel threatened so they carry on like nothing happened. Or
else they say, that’s not us -- well if anyone with common sense
takes a good look anyone can see that it is us. It seems to me all
that matters is the few million we are going to receive over the
next few years. It won’t take long for those few million to be
used up. A greater percentage is already owed back to the
Canadian Government, Look at the economy today, to make a
million dollars with anything it has to be invested and used for
big business. In the business world a million dollars is chicken
feed -- nothing! What Indian or groups of Indians do you
know, that can handle vast amounts of finance -- successfully?
Very, very few if any! If we as people tried to enter into big
business and that is the only way to go, if you take our situation
into consideration, or we formed a corporation or even entered a
part of the private sector, the business community would chew
us up and spit us out -- broke! That’s the real world of
business. I would hate to imagine what will happen once we
find we have to enter into the world of big business. Look at the
news media; everyday big businesses are going under. Some
that have survived for years and years, even they are finding it
hard to keep their heads above water. Even if the Vuntut
Gwitchin were to form a corporation we would go under the
thumb of the Federal Government of Canada. Again, a
corporation is big business with very harsh rules and guidelines
to follow. If you look really close at a corporate contract and
you find the ‘‘right’’ person to explain it and if you reccive the
right advice, you will find this to be true. The few business
ventures the Yukon Indians are now involved in (and don’t fool
yourself into thinking these are big business ventures), those
attempting these are now finding out for themselves how hard
business can be, And that is just the beginning. If we are to
succecd in business, we must take the reins ourselves. It won’t
take long for those few millions to disappear.
Continued page 9
|
FEBRUARY 1994
|
Page 7
{
Legal Update (Continued from page 4)
The guarantee in this Charter of certain rights and
freedoms shall not be construed so as to abrogate or derogate
from any aboriginal, treaty or other rights or freedoms that
pertain to the aboriginal peoples of Canada including
(a) any rights or freedoms that have been recognized
by the Royal Proclamation of October 7, 1763; and
(b) any rights or freedoms that now exist by way of
land claims agreements or may be so acquired.
If it could be established that the decision making
process provided for by the Indian Act is a recognition of
traditional practices of confining decision making power to
those resident within the community then the discrimination
argument based upon section 15 of the Charter would not be
available.
In summary, the Corbiere decision does raise concerns
about how Chief and Council exercise their decision making
power with respect to the disposition and management of the
assets of the band. However, so long as provision is made to
include the voice of off reserve band members in these types of
decisions it should not otherwise interfere with the ability of
Chief and Council to conduct their other governmental
functions.
Resource Centre Update (Continued from page 6)
(May have to be prepaid if you do not have an account with
Carswell)
You can also establish a “‘standing order’’ for the annual
revisions which will be sent to you automatically when they are
published.
Arrowfax National Aboriginal Directory. The new edition of
this invaluable directory is finally available. This directory
provides addresses, phone and fax numbers for just about any
and every First Nations any and everything across Canada and
in the North. It is well indexed and easy to use in its new
binder format.
Available from: Arrowfax
P.O. BOX 66009, Unicity Postal Outlet
Winnipeg, Manitoba R3K 2E7
Toll free 1-800-665-0037
Cost: 25.00 + $1.75 GST if applicable
Also from Arrowfax:
International Intertribal Directory. Includes Canadian and
U.S. listings. Being published in February, 1994.
Cost: $35.00 + GST if applicable
North American Indian Bingo & Casino Directory.
Published twice a year. Next issue available this month.
Cost: $10.00 + GST if applicable.
You can order Arrowfax directories using the toll free number.
They will ship the directory and include an invoice.
Boundaries of Home: Mapping for Local Empowerment.
“Boundaries of Home’’ will help you find, use and create maps
using libraries, to oral histories to sophisticated computers.
Introduces a wide range of home-grown, creative maps that are
useful as models for everything from land claims to local histories.
Available from: New Society Publishers
P.O. Box 189
Gabriola Island, B.C. VOR 1X0
FAX 247-7471
Cost: $13.95 + GST if applicable
Aboriginal Rights, Aboriginal Justice, and Aboriginal Sclf-
Determination, is an annotated bibliography by Ted Pays, Ph.D,
Simon Fraser University. This 300 page document with over 140
annotated articles provides an extensive overview of the burgeoning
literature in the realms of aboriginal rights, aboriginal justice, and
aboriginal self-dermination. The document helps researchers
better identify materials of particular relevance to their interest ,
and introduces them to sources they might not otherwise have
found.
Available from: Institute for Studies in Criminal Justice Policy
SFU at Harbour Centre
515 West Hastings St.
Vancouver, B.C. V6B 5K3
291-5198 FAX 291-4140
Cost: $25.00 total (You can FAX them an order request and they
will invoice you).
Upcoming Library Skills Workshops
Ofinterest to those staffof Bands, Tribal Councils and other
First Nations organizations that take care of library/archives
collections, will be upcoming 4-day library skills workshops held
herein Vancouver at the George Manuel Institute, the first of which
is tentatively planned for early March. Look for more detailed
informationin mailouts coming soon or call me for more information
(684-0231). c n
Wendy Ancell
UBCIC Librarian
"| make It three million .
shopping days to Christmas.
HERMAM”
Page 8
aon
FEBRUARY 1994
L
One Citizens Opinion (Continued from page 7)
We, as an Indian Nation have a desperate need for
healing, and there is no one single Indian who can say they are
not sick and I’m talking about our Mental, Physical, Emotional,
Sexual and Spiritual sickness! The impact of abuse is one
hundred percent on our Nation, we are not different than any
other, and I mean all nations with this society as a whole.
Healing must come first! For those who don’t know, the
Canadian Government has a legal -- this is by law --
International Law -- they have a legal obligation to help lead
the Indian Nations to self-determination. And helping us to
heal is a part of self-determination.
If we attempt to use the land claims monies to help
ourselves, these attempts will be to no avail. For we are not
healthy. How many Indians do you know who are sick from
Alcoholism, Child molestation, Incest, Wife-beating,
Criminality and the list goes on. These sicknesses are so
ingrained within our communities we actually believe these
things to be normal. Well, they are not normal. And I for one
admit to my sickness and have begun my healing process and
have become a better human being for it. Right now my worst
enemy is -- ourselves. Under our present condition all the land
claims money will be lost, gone in a few years, then we'll have
to start selling those few plots of land that have been set aside
to pay taxes and expenses. Taxes and expenses are set aside to
pay taxes and expenses. The Canadian Government has
designed all kinds of ways to tax. One way or another they’re
going to get their money back, no matter what they agree to on
paper, they already know and have worked the ways in which
the same money we receive is going to be back in their
treasury. Only the next time it’s going to stay there.
It is a known fact that no Indian Nation within the
borders of Canada, have ever been conquered, and also those
who have not yet given up or extinguished their “‘Aboriginal
Rights’ and ‘‘Aboriginal Title’ still to this day maintain
“*title’’ to the lands, ‘‘legally’’. This is why the Federal
Government of Canada is so desperately trying to get us to
give up our rights and title. And they have developed a well
known process, known down through history. Known to many
nations throughout the world as *“‘Divide and Conquer’’.
For any peoples to survive as a nation, they must have the land
base. For everything comes from the land, our homes, the
money in our pockets, our clothes, the food on our table,
everything. Everything comes from Mother Earth and
everything will go back to her, as sure as the grass will grow.
In our present situation, the land base which I speak of, the
land base the Canadian Government is trying so hard to get, is
the Title and Rights they are asking us to extinguish for a few
million dollars. In consideration of the present land claims
which has been presented to us as an offer of good will to
make up for the last few hundred years by the Canadian
Government, and understanding why this process has been
presented, then we must be very careful what we accept or
agree to in relation to our survival as a ““Nation’’, Whether
the Canadian Government accept us as a Sovereign Nations or
not, it does not change the fact that we still possess the legal
title to all lands known as ‘‘Rupertland’’ or what we call
‘*Indian Territory””!
We must rely on our true strength, the true strength in
knowing who and what we are. For any one person or any
nation to know where they are going, they must know where
they came from. Our true strength lies in our relationship with
our Creator, our Elders, the People and the Land and our
responsibilities to they Creator, our Elders, the People and the
Land.
] know many people have worked hard to get to where
we are today, but that does not mean that what has becn
accomplished is right. Not when the purpose is extinguishment
of our Rights and Title. If we stand and speak out, and
negotiate as a true Indian Nation, then there is nothing on this
earth that can stop us. Back when the Canadian Government
all of a sudden announced their willingness to negotiate the
land claims, a lot of people got caught up in this new found
freedom, but then there were those who sat back and asked --
Why? And that is a good question! Why do they want to
negotiate if they have always claimed they have title to the
land. If they have title why don’t they just take it? There 1s
something stopping them and you can bet that it’s something
legal that’s stopping them from -- just taking the land.
THINK!
Through it all, and having come full circle, I was born
‘*Indian’’, I was lost for a while, but now I am a true Indian.
Taking this into consideration I will never change my way of
life, nor will I give anyone consent to do so. Especially when
my existence and the existence of my nation and my people,
are on the line. I have heard from well experienced people that
certain individuals, who are totally committed to this land
claim within the political arena can be very cruel, when they
feel threatened by persons like myself. I have been told their
cruelty goes even to the point of hurting children, if this is so,
then so be it. As long as those people can answer when the
time comes to answer, and that day will surely come,
regardless I will never change my stance, not even when my
body is laying on a platform up in the mountains and the
eagles come for me--I will not have changed!
I pray you will take the time to sit down quietly and fecl
out this message. Don’t just think about it, don’t just reason it,
but feel it with the heart for an open heart will always reveal
the truth. And the road of truth, The Red Road, is sometimes
hard to walk, and yet for ‘‘good of our people’’ we must walk
it. So many of us, all we think about is what money can do.
We never consider the down side. We never take the legal
aspect into account then we pay dearly for it, and the sad thing
is our children pay a heavier toll!
So I say, with all respect to you and your loved ones,
and to the Vuntut Gwitchin,
Thank You
Charles Tizya
i
FEBRUARY 1994
Page 9
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Page 10 JANUARY 1994
Part of Union of B.C. Indian Chiefs Newsletter (February 1994)