Periodical
Union of B.C. Indian Chiefs Newsletter (July 1994)
- Title
- Union of B.C. Indian Chiefs Newsletter (July 1994)
- Is Part Of
- 1.06-01.08 Union of BC Indian Chiefs Newsletter
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- July 1994
- Language
- english
- Identifier
- 1.06-01.08-05.02
- pages
- 16
- Table Of Contents
-
INSIDE THIS ISSUE...
2. Education
3. Presidents Message
4. Kemano Completion Project
by Rafe Mair
5. Annual General Assembly
Announcement
6. Joint Policy Council
7. Resource Center
8. George Manuel Institute of
Indian Government
9. Self-Determination or
Self-Termination Poster
10. Sport News
11. Letter to Kahtou
Re: Off Reserve Question
12. Indian World Archives
14. Aids Awareness
- International News
15. Legal Update
- Mandell/Pinder - Contributor
- Chief Saul Terry
- Rafe Mair
- Morgan Wells
- Wendy Ancell
- Carlos Sogerb
- Simon Danes
- Type
- periodical
- Transcription (Hover to view)
-
Union of B.C. Indian Chiefs
NEWSLETTER
JULY 1994
The Post Secondary Education
Battle Continues
With the implementation of BC
Region's per capita based Post
Secondary Funding Formula, 80 First
Nations in BC have seen their Post
Secondary budget reduced by a total
of $4.5 Million Dollars.
Regional Director General John
Watson will be quick to tell you that
INSIDE THIS ISSUE...
2.
Education
3.
Presidents Message
4.
Kemano Completion Project
by Rafe Mair
5.
Annual General Assembly
Announcement
6.
Joint Policy Council
7.
Resource Center
8.
George Manuel Institute of
Indian Government
9.
Self-Determination or
Self-Termination Poster
10.
Sport News
11.
Letter to Kahtou
Re: Off Reserve Question
12.
Indian World Archives
14.
Aids Awareness
- International News
15.
Legal Update
- Mandell/Pinder
J U L Y 1994
in spite of this, the overall Post
Secondary Education Budget has
increased in BC by 2.7%. I am sure
that this is little comfort for the First
Nations who experienced reductions in
their budgets of 600,000 or 250,000
or 50,000.
We agree, that there must be
some formula or process for
disbursing Post Secondary Education
dollars. What we don't understand is
what relationship exists between
population levels and education
funding needs.
Under the current formula,
funds are disbursed at the rate of $370
per Band Member. According to Mr
Watson, this is a more equitable way
of allocating the funds. But we ask
you; is it not possible for a small
Band to have a large number of
students and a large band to have a
small number of students?
In correspondence to the Union,
Mr Watson has indicated that the
existing formula was developed as
policy for the implementation of the
Conservative Governments policy on
capping the PSE budgets. So, now
that the Liberals are forming the
government, why is INAC continuing
to implement Tory policy? According
to Liberal Campaign promises, both
spoken and in the "Red Book", the
cap on Post Secondary Funding was
to be lifted. According to Ron Irwin,
Minister of Indian Affairs, the
government does have a fiduciary
responsibility in the area of Education
and "no student will be turned
away''. This comment was made at
the May 19th meeting with the
Minister which was attended by our
President, Chief Saul Terry and
representatives of our Chiefs
Council. However, not only has the
region failed to respond to the position
of the Government by attempting to
develop relevent and appropriate
policy, they have formally DENIED
that those statements were ever made
by the Minister.
So, who's the Boss? The elected
Minister or his Bureaucrats?
The Union will continue to seek
a negotiated settlement to this issue.
However, the days are slipping by and
fall registration for students who are
being denied funding approaches.
With this in mind, the committee of
Education Coordinators and our
Chiefs Council believe that other
measures must be taken to ensure a
solution to this matter.
Do you want your voice to be
heard? For more information on
action plans, contact Michelle Good at
the UBCIC office @ 684-0231.
i
Education Negotiations
Forge Ahead
As many of you know, the UBCIC has entered
into agreements with the Federal and Provincial
Governments to negotiate Education Framework
Agreements which would define the manner in which
funds are transferred for the education of First Nations
students. These negotiations are taking place on a
"bilateral/bilateral" basis. What this means is that
two separate negotiations tables have been
established; one with the Province and one
with Canada.
Since March the Union has focused on the
Federal Negotiations. At the current time a draft
Framework Agreement has been completed and will be
tabled with Canada on July 7. This agreement was
developed by UBCIC staff in accordance with the
initial agreement and as per the direction of Chiefs
C o u n c i l and our committee of Education
Coordinators. The purpose of the agreement, as
written in the draft agreement is as follows:
To provide a framework agreement for the
principles and process of the negotiations of
Education agreements with First nations and Canada.
To ensure First Nations control over the
resources necessary for the achievement of their
education goals as determined by First Nations.
To redefine the manner in which education
funding is allocated and transferred to First Nations.
In establishing those objectives, the agreement,
once agreed to by Canada, will act as the precursor for
major changes in how the education of our young
people is handled.
Upon entering into a community education
agreement pursuant to the Framework Agreement,
education dollars will flow directly to the First Nation
as opposed to the Provincial Government and the local
school districts. This will give First Nations a much
higher degree of control as they will be in a position to
buy services from the local school districts. In turn,
the school districts be far more accountable for the
quality of education provided to our children.
Further, in the spirit of government to
government relations, we are proposing that education
funding be disbursed to Bands in a manner similar to
the transfer payments which are made to the provincial
government. Under the proposed agreement, one
block transfer, including all Band allocations for
education, will be made to First Nations.
As part of the agreement, we have proposed a
new formula for Post Secondary Education Funding.
Under the new formula, our right of education would
be respected in that funding will be based on need
rather than on predetermined per capita driven
formulas which have no relation to the actual
education needs in a community.
Perhaps most important, the proposed
agreement would see a shift in jurisdiction and
authority for education. If successfully negotiated this
agreement would once again see First Nations people
in the drivers seat when it comes to decision making
regarding education.
We expect the negotiations to be difficult, but
we remain hopeful that our efforts will be successful.
For more information contact Michelle Good at
the UBCIC office.
PRESS RELEASE - M A Y 19,1994
First Nations Post Secondary Funding Still On The Chopping Block
Chiefs Meeting With Indian Affairs Minister Today
Despite a commitment in the Liberal Party's "Red Book", that the cap on post secondary funding would be
lifted, 4.5 million dollars has been slashed from some 80 BC First Nations post secondary education budgets for the
1994/95 school year.
For many First Nations this is the third year of such cutbacks. Many eligible First Nations students will be
denied the opportunity to attend their post secondary programs if the funding cuts stand.
Intent on protecting the right of these students to continue with their education this fall, Chief Saul
Terry, President of the Union of B.C. Indian Chiefs and the UBCIC Executive will meet with Minister Ron Irwin
today in Vancouver.
It is the aim of the Union to obtain a commitment from the minister that the election promises will be kept and
the post secondary funding cuts will be rescinded.
2
J U L Y 1994
OUR
PEOPLES REJECT AN
MESSAGE FROM THE
PRESIDENT
"ABORIGINAL MELTING POT"
APPROACH TO SELF-GOVERNMENT
An excerptfrom a statement delivered to the National Aboriginal Ministers & Leaders
Meeting held in Quebec City, May 17-18, 1994.
O
ur Peoples reject an "Aboriginal Melting Pot" approach to selfgovernment. An Approach which would reduce the status of our
nations to the lowest common denominator and strip the words
"inherent" and "sovereignty" of all true meaning.
We affirm that our Indian Nations have exclusive jurisdiction over and
responsibilities for our citizens regardless ofwhere they may reside. When the
Federal Government participates in tripartite negotiations with provincial
governments and representatives of off-reserve Aboriginal people, it is a
blatant violation of the jurisdiction and responsibilities of our Indian
governments toward our citizens. Other organizations do not have a mandate from our Nations to deal with
issues on behalf of our citizens living away from home. Let us not forget that the existence today of large off-reserve
and urban Indian populations is a direct result of decades of federal government policies that have impoverished our
people on reserves and forced them
to live away from home. The policies
of detribalization, assimilation,
termination and off-loading continue.
Constitutionally, there is only
one government that our Indian
Nations are obliged to deal with on
the subject of our inherent rights: the
Government of Canada. We are
anxious to discuss the recognition of
our inherent rights, including our
right of self-determination and other
aspects of Indian Government - but
only on a bilateral nation-to-nation
basis with Canada. This basis must
include mutually accepted principles
for treaty interpretation, land claims
policies and full compliance by the
federal government with its trust
obligations.
Our Nations recognize,
however, that it is desirable to
establish effective b i l a t e r a l
government-to-government
relationships with Provinces in
order to address policy issues of
mutual concern, including issues
J U L Y 1994
related to the implementation of
inherent Indian Government powers.
Indeed, the Union of B.C. Indian
Chiefs and the Government of British
Columbia have pioneered the
development of this kind of
government-to-government
relationships in Canada. (It should
be noted that this was done explicitly
without derogating from the nationto-nation relationship with Canada
or Canada's trust obligations.)
The Provinces have an
important role to play with our Indian
N a t i o n s in f a c i l i t a t i n g the
i m p l e m e n t a t i o n of Indian
Government on the ground — in
effect, to help build "exit doors" for
the provinces to vacate fields of
jurisdiction that properly belong
under Indian Government or federal
jurisdiction.
Let us be very clear that dealing
with the Provinces on Indian
Government implementation issues
is a second stage. First, the
Government of Canada and our
Indian Nations' must arrive at an
acceptable basis for recognition of
our aboriginal and treaty rights.
In conclusion, our Indian
Nations exist today, as they have
since time immemorial, as sovereign
nations with inherent aboriginal and
treaty rights in our respective
traditional territories. Among these
rights is our Peoples' inherent right
of self-determination, which is
r e c o g n i z e d and affirmed in
international law.
Regardless of whether our
Nations have treaties or not, we have
never surrendered our rights. We
have never surrendered our
territories. We cannot do so and
we never will.
3
FEDS TOOK ALCAN'S BAIT AND SOON
FISH WILL BE OUT OF WATER
by Rafe Mair
Reprinted from the Georgia Strait,
April 1-8, 1994
The public is being taken to
the cleaners over the Kemano
Completion Project. It is a classic
example of the old bait-and-switch
technique, the diversion-ofattention ploy, and the culprit is
Alcan.
A quick review. In 1950, the
B.C. government gave away an
enormous tract of B.C. to Alcan so
the company could build an
aluminum plant at Kitimat and a
power station at Kemano. This
undertaking involved a dam, river
diversions and reversals, and a huge
reservoir, the Nechako River, a main
tributary of the Fraser, was dried up
for about three years.
In 1978, quite outside of - and,
in this lawyer's view, contrary to the 1950 agreement, Alcan began to
supply power to B.C. Hydro and
embarked upon what is known as the
Kemano Completion Project (KCP).
At first, Alcan maintained that it
needed the power from this project
to open new plants. Now Alcan
admits that it has no plans to produce
an ounce of aluminum with this new
power.
For the project to pork, the
poor o l d N e c h a k o , already
massively depleted, is to be
reduced to 15 per cent or less of its
original level.
The Federal Department of
Fisheries and Oceans (DFO) went to
court in 1981 to force Alcan to let
sufficient water go over the Kenny
Dam into the Nechako to protect the
chinook and sockeye stocks that use
the river. (The former spawn in it; the
4
latter pass through it on their way to
spawn in the Stuart system.) The
Chinook do not constitute a major
run, but the sockeye represent, by
some estimates, as much as onefifth of the huge Fraser River sockeye
runs. Alcan chafed under the
i n j u n c t i o n that the federal
government won, and challenged it
in court. Alcan appeared to be
headed for another loss when thenfisheries minister Tom Siddon cast
aside the evidence compiled by
D F O scientists and cobbled
together a settlement team chaired
by Dr. David Strangway, the
President of UBC, who knows about
as much about fish biology as I do
about rocket science.
T h e S t r a n g w a y team
excluded the DFO scientists who
had studied the project most closely,
but it did include two Alcan
biologists. Moreover, Tom Siddon
was somehow convinced that the
Strangway settlement team ought
not to consider the sockeye, but
only the chinook! Even thought
the Dfo scientists excluded from the
process were adamant that the
sockeye would be at horrible risk if
Alcan were to get its way on water
flows into the Nechako, the
settlement team was instructed not
to trouble itself about them.
T h e l o w e r i n g o f the
Nechako might reduce the level of
the Fraser by as much as five feet at
H e l l ' s Gate. "Not our
problem," says A l c a n . ' ' N o t
A l c a n ' s p r o b l e m , " says the
Strangway settlement team. "Very
much Alcan's problem," says the
DFO scientists who studied the
situation.
I put the matter this way to one
of these scientists, whose anonymity
I must respect for now.
"Are you saying," I asked,
"that if K C P goes through, it is only
a matter of time before sockeye
and pinks runs meet dangerously low
levels of water - that it's a crapshoot,
that sooner or later you crap out?"
The answer was categorical: it
is only a matter of time before the
famous Adams River sockeye run,
plus the large pink runs in the Fraser,
are virtually wiped out because of
low water that would not have
occurred had Alcan not been
permitted to so dramatically cut down
the Nechako flows.
What does all this mean?
W e l l , first o f a l l , the
arrangement to set up the
Strangway settlement exercise smells
to high heaven of politics, Brian
Mulroney-style, wherein his free
trade-supporting friends at Alcan
were given a large part of B.C's
heritage without mush regard for the
consequences.
It means that Alcan vicepresident B i l l R i c h and his
employers have pulled off a
stunning trick in convincing the
politicians that the Nechako
sockeye are not at risk, despite the
evidence that they will be wiped out.
It all means something else,
too. The "damners" will get their
way. When the fish runs have been
destroyed, as surely they will, a dam
will be built on the Fraser River,
there no longer being any reason not
to build one. Those are the stakes
British Columbians are playing for those are the reasons British
Columbians ought to rise as one to
bring this outrageous business to an
end.
J U L Y 1994
GEORGE MANUEL INSTITUTE
WORKSHOPS
ECONOMIC
DEVELOPMENT
July 20, 21, 22, 1994
This three day workshop is designed specifically
for Band Economic Development Officers.
Workshop Fee: $150.00 per participant.
INDIAN
GOVERNMENT
July 27, 28, 29, 1994
The George Manuel Indian Government Workshop will be
conducted by Skowkale Chief Steven Point. The workshop
es designed foe Chiefs, Band Councillors, Band Managers
and Band Managerial Staff. $150.00 per participant.
To register for any of these workshops or for more information contact Millie Poplar at our Vancouver Office @ (604)
684-0231. Please send your check or Money Order to our Vancouver Office @ 3rd Floor - 342 Water Street, Vancouve
B. C. V6B 1B6 payable to George Manuel Institute. Participants are responsible for their own travel & accommodation
expenses.
July5, 1994
U.B.C.I.C. Office:
In a meeting with Forestry, they had asked us to circle all
our Areas of Interest (AOI) on a map. After that was to be done,
they said they would not spray Pesticides/Herbicides in or around
our berry picking, mushroom picking, and edible and medicinal herb
picking areas.
They would try to work and/or log around the sacred,
ceremonial and pictograph sites so as not to disturb them.
In the hunting and fishing part of it, each person or family
has their own hunting ground and fishing area. There have been
reports of deformation and growths found on both fish and some
animals (mostly on deer).
Our elders are saying, " W e don't want them spraying any of
that stuff around here."
ANNUAL GENERAL
ASSEMBLY
ANNOUNCEMENT
At the Chiefs Council meeting in Lytton on June
14th, it was decided the 26th Annual General
Assembly of the Union of B.C. Indian Chiefs will be
held from October 20, 21, 22, 1994 in the city of
Vancouver. This year the Indian Homemakers
Association of B.C. will be celebrating their 25th
Anniversary.
The Homemakers and the Union will be hosting
a feast and gathering on October 22nd in the evening.
Indian Bands will be informed as plans develop.
There is great concern by our people on Herbicide/Pesticide
spraying that has been done and those that are being planned. How
can it be stopped?
What we had done was ask Diane Reid A F A - M O F to get in
contact with Forestry, B C Hydro, B C Rail, Highways Department,
Agriculture, and Fisheries and ask those that do the Pesticide/
Herbicide spraying to bring us their map showing where they had
sprayed and the date it was done. Also, to ask where they plan to
spray.
We are asking to see the whole picture, not just the small
picture the Forestry is showing us.
The date for the meeting will be in the fall sometime. We
will contact you when the date has been confirmed.
Sincerely,
Morgan Wells
Mount Currie Band Councillor
J U L Y 1994
5
UBCIC - B.C. Cabinet
Joint Policy Council
On June 11, 1993, UBCIC
and the Provincial Government
established a "government-togovernment" relationship and a
Joint Policy Council to address
broad policy issues of mutual
concern. The JPC consists of the
UBCIC Chiefs Council and the
B.C. Cabinet. At present, there are
technical working committees
addressing seven agenda items.
The second meeting of the
JPC was held on March 4, 1994.
The achievement of interim
agreements with the Province on
Indian education and project
funding for the George Manuel
Institute of Indian Government
was noted by the Chiefs Council
and the Ministers. Chief Saul Terry
and Bob Manuel presented
Premier Mike Harcourt with a
copy of the biography of George
Manuel, "From Brotherhood to
Nationhood."
The JPC reviewed the
working committee paper on
Order-in-Council 1036 and
discussed ongoing differences in
position between UBCIC and the
Province. (See the February issue
of the UBCIC Newsletter for
UBCIC's position on OIC 1036.)
It was agreed that because of the
impasse, the Premier's office
would play a direct role in a
further round of discussions on
OIC 1036. The JPC reviewed the
progress made by the working
committees over the previous eight
months and added a seventh item
to the JPC agenda: First Nation
Policing and Justice.
6
The following is a brief
update on the work done since
March on the seven JPC agenda
items.
Order-in-Council 1036: The
Premier's office facilitated one
further meeting on OIC 1036;
another is scheduled shortly.
UBCIC anticipates receiving
recommendations on this issue by
mid-July.
Fundamental principles of
treaty-making: A discussion paper
on " c e r t a i n t y " w i t h o u t
extinguishment and the role of the
Province in bilateral nation-tonation treaty-making will be
completed by early August. The
purpose of this work is to set the
stage for an "inclusive" nation-tonation alternative to the tripartite
B.C. Treaty Commission process.
Indian education:
Negotiations with the Province
will resume in July on a five-year
framework agreement for the
purchase of education services by
First Nations from school districts.
(Negotiations with DIAND on a
five-year funding agreement for
Indian education began in April
and are ongoing.) Any agreements
will be within the scope of First
Nations' inherent right of selfdetermination.
George Manuel Institute:
Technical work and negotiations
have been proceeding toward a
formal submission in September
for accreditation and funding. (See
detailed GMI update in this issue
of the UBCIC Newsletter.)
Child welfare & family
services: Two meetings with
Ministry of Social Services have
been held. A meeting of First
Nation child and family support
workers was held at Lytton on
April 15. Further to that meeting, a
U B C I C Child Welfare Committee
has been established to provide
ongoing direction and support to
UBCIC in the negotiations with
the Province.
First Nation Heritage
Protection: Intensive work was
carried out with the Ministry of
Tourism & Culture on the
proposed Heritage Conservation
Amendment Act. An agreement in
principle was arrived at in January
on several key provisions of the
bill. Regrettably, senior ministry
officials reneged on this agreement
and the bill was passed by the
legislature without the provisions
required by UBCIC (including
exempting First Nations from
having to get permits from the
Province for their heritage).
UBCIC does not support this
legislation and a letter to the
Minister and the Premier is in
preparation.
First Nation Policing &
Justice: Preliminary discussions
have been held with the Deputy
Attorney General. Working
committee meetings w i l l
commence in late summer.
FOR
FURTHER
INFORMATION, CONTACT:
D A N G O T T E S M A N @ UBCIC'S
V A N C O U V E R OFFICE (684-0231).
J U L Y 1994
RESOURCE CENTRE
"Running a Small Library'' Workshop
New Books
Ten enthusiastic people came together June 15 17th for the second "Running a Small Library"
Workshop facilitated by the UBCIC Librarian for the
George Manuel Institute. We covered everything from
mission statements and collection development policies
to cataloguing and classification. The workshop received
very favorable evaluations from the participants and it
is hoped we can offer another workshop later in the
year.
If anyone is interested in being notified about the
next workshop or would like more information, please
contact Wendy Ancell, U B C I C Librarian, at 684-0231
or F A X 684-5726.
A couple of new acquisitions are particularly
worth noting.
Public Library Sendees to Reserve Residents
In 1993, the B . C . government called for
submissions and recommendations for changes to the
very antiquated provincial Public Library Act. Among
other matters, the Library Act deals with who has the
right to access public library services in the province.
Members of the B.C. Library Association First Nations
Interest Group submitted a strong recommendation,
backed by B C L A , to include the needs of B.C. First
Nations in the revised legislation. As a result, Bill 12 Library Act, which is currently before the Legislative
Assembly, includes the following in Section 50: (1)
The minister may provide library service to individuals
and communities that, in the minister's opinion, are
unable to obtain public library service.
(2) For the purpose of subsection (1), the
minister may enter into an agreement with a library
board, including an agreement under which a library
board extends free library service to residents of a
reserve as defined in the Indian Act (Canada).
I will keep those interested advised of the bill's
progress through this newsletter column. If anyone
would like to send letters of support for this change in
the Library Act, send them to the Honorable Darlene
Marzari, Minister of Municipal Affairs.
J U L Y 1994
There is a new book which serves as a guide to
organizations, agencies, institutions, programs,
publications, services and other resources concerned
with indigenous peoples of the United States and Canada.
It is called the Native American Information Directory.
This extensive directory is available for $84.82 U.S.,
from Gale Research/Distribution Centre/7625 Empire
Drive/Florence, Kentucky 41042. You can call 1-800877-GALE.
Another new publication worth mention is the 3volume British Columbia Directory of Records (1994).
This directory is published to assist the public to access
records of personal information held by the government.
It is available for $54.00+GST if applicable, from Crown
Publications/546 Yates Street/Victoria, B.C. V8W1K8.
You can call 386-4636 or F A X
386-0221.
Preservation/Conservation
In keeping with the need to preserve many of the
old and/or unique materials in our library collection, an
archivist from the Archives Association of B.C. will be
coming in the fall to make specific recommendations for
methods of preserving and recording important materials
in our collection.
The Archives Association of B. C. offers courses all
over the province during the year. These courses are
short in duration and very inexpensive. If you are
interested in a schedule of courses or need assistance with
archival collections, they can be reached at P.O. Box
78530/University Post Office/Vancouver, B.C. V6T
1Z4.
Until the next newsletter, I hope everyone has
an enjoyable summer. If you need information, we
will be here.
Wendy Ancell
UBCIC Librarian
7
George Manuel Institute of Indian Government
So far, the past year has been busy year for the George M a n u e l Institute. Although it is a training
center, it also supports various community initiatives. The Inter-Campus Native Students network met
throughout the year to deal with the Post Secondary Education issue. A province-wide Environmental
Contaminants Workshop was held in December, 1993. A book launch to announce the release of "Brotherhood
to Nationhood" a biography of George Manuel, was held in February, 1994.
More recently, the Cheslatta Caravan held a public forum at the Institute to expose the Kemano II issue in
support of the people of Cheslatta. Chiefs Council also uses the Institute for its meetings, or when meeting with
govenment officials. The Institute is available to Bands and Tribal Councils to hold meetings on various issues
which affect them.
Four workshops have been held since January with two more scheduled before the end of July. Workshops
to date have covered community economic development, specific claims skills and library and archives
management. A further economic development workshop for Band Economic Development Officers is scheduled
for July 20th through July 22nd, and a workshop on Indian Government is scheduled for July 27th through July
29th. Another Specific Claims Skills Research workshop is planned for late Summer or early Fall. Regional and
community workshops are also being planned for the fall. All workshops are being held at the GMI facility at 73
Water Street in Vancouver.
Discussions on development of the GMI Post-Secondary Institution specializing in Indian Government have
focused on related issues of funding, recognition and accreditation — accreditation being key to both assured longterm funding and recognition of GMI courses by other poost-secondary educational insitutions. The projected
timetable for setting out the vision and basic elements of the GMI plan is early September. UBCIC anticipates
that the GMI will be functioning as an accredited post-secondary institution by the Spring of 1995. For additional
information on scheduled GMI workshops contact Millie Poplar at our Vancouver office.
C H I L D W E L F A R E L E G I S L A T I O N - B I L L 46
(CHILD, F A M I L Y A N D C O M M U N I T Y SERVICE A C T )
On June 11, 1993 the Union of BC Indian Chiefs
(UBCIC) entered into an Memorandum of Understanding
(MOU) with the BC Provincial Government to jointly
develop and establish broad policy initiatives in a number
of areas. One of the items on the agenda of the Joint Policy
Council is the issue of Indian Child Welfare.
The objective of the UBCIC in the area of Child
Welfare is to enter into a Government to Government
agreement which will ensure that:
1. protection and support services for First Nations
children and families are solely the responsibility of First
Nations acting within the scope of their inherent right of
self determination; and
2. provincial jurisdiction will be withdrawn from the
field of child welfare and family services as First Nations
assume jurisdiction and control in this area in the future.
At the first meeting convened to discuss this matter,
the issue of the Province's proposed legislation was raised.
The position stated by tire UBCIC was that they had no
intention of delaying the development of the legislation, but
that the proposed Bill must not purport to legislate child
8
welfare and family services pertaining to First Nations. At
no time has the UBCIC participated in or provided advice
in the Province's development of the proposed general
legislation.
Although there is clearly some improvement in the
new Child, Family and Community Service Act, it does not
come close to meeting the objectives as stated above. The
UBCIC is looking for an agreement which will formalize
provincial government recognition of the inherent right of
First Nations to care for First Nations families and
children. This act only goes so far as to allow the
Minister to enter into agreement with First Nations to
administer the terms of the Act.
While, so far, the government remains reluctant to
accept that jurisdiction rests with First Nations, UBCIC is
determined that ongoing negotiations with the
Province will finally result in recognition of the
inherent authority of our Nations in the area of child
welfare and family services. For more information
contact Michelle Good at the UBCIC offices.
J U L Y 1994
SELF-DETERMINATION
FIRST NATIONS S O V E R E I G N T Y
CREATOR
ABORIGINAL TITLE AND RIGHTS
SOVEREIGN FIRST NATIONS
Distinct Peoples
(History, Language, Culture)
Distinct Territories
Distinct Organizations
(Political.Social.Economic)
INHERENT
OWNERSHIP
AND
JURISDICTION
INHERENT
RIGHT
OF SELF
DETERMINATION
FIRST NATIONS G O V E R N M E N T S
Constitutions
Inherent Authorities
Structures
Institutions
I N H E R E N T JURISDICTION A N D L A W - M A K I N G POWERS
R E S P E C T I N G FIRST N A T I O N PEOPLES A N D TERRITORIES
ENVIRONMENT
ECONOMY
RESOURCES
PEACEKEEPING
CITIZENSHIP
SELF-DEFENCE
or
SELF-TERMINATION
EXPLORATION & COLONIZATION
IN N O R T H A M E R I C A
SOVEREIGN CROWN
GREAT BRITAIN
TREATIES B E T W E E N G R E A T BRITAIN
A N D FIRST NATIONS
Military, Economic, Political Alliances
R O Y A L P R O C L A M A T I O N O F 1763
Doctrine of Consent; First Nation Sovereignty;
Treaty-Making Crown Policy
T R E A T Y - M A K I N G POWERS PASS F R O M BRITISH
C R O W N T O C R O W N IN R I G H T O F C A N A D A
CANADA
B . N . A . Act, 1867 Sec.91(24)"Indian and lands reserved
for Indians"
C O N S T I T U T I O N A C T , 1982
SECTION 35: Recognizes and affirms
"existing aboriginal
and treaty rights."
COLONIALISM
I N D I A N A C T 1876-PRESENT
DE-TRTBALIZATION, ASSIMILATION,
TERMINATION
D E P A R T M E N T OF INDIAN AFFAIRS
P R O G R A M S , SERVICE, M O N E Y C O N T R O L
NEO-COLONIALISM
EXTERNAL RELATIONS
INHERENT
T R E A T Y - M A K I N G POWERS
NATION-TO-NATION TREATY
AGREEMENTS AND PROTOCOLS
BAND
COUNCILS:
1884-Prcsent
TRIBAL
COUNCILS:
1980-Present
Extinguishment land claims policy:
"Comprehensive Claims Agreements",
"Modern Treaty-Making"
INTER-TRIBAL T R E A T I E S A N D PROTOCOLS
FIRST N A T I O N C R O W N TREATIES
"Fundamental Charters"
SELF
DETERMINATION
Indian Act amendments-Devolution.
Legislated "community self-government"
Alternative Legislation:
"Chartered Land Act", "Monies Act" etc.
Tri-partite agreements"
B.C. Treaty Commission
S E L F - A D M I N I S T R A T I O N OF P O V E R T Y
SELF
TERMINATION
I R O Q U O I S T W O R O W W A M P U M - G U S W E N T H A (1613)
"The Grandfather of Treaties"
"We will not be like father and son, but like brothers. These two rows will symbolize canoes, travelling down the same river together. One
will be for the Original People, their laws, their customs and the other for the European people and their law's and customs. We will travel
the river together, but each in our own boat. And neither of us will try to steer the other's canoe".
Reading of the Two Row Wampum from Akwesasne Notes
UNION OF B.C. INDIAN CHIEFS
TEL:(604)684-0231
FAX:(604)684-5726
MARCH 1994
Aboriginal Athletes Get Hurdled
While the Olympic world is
still basking in the glow of the recent
Norway games, the bright torch of
hope for an American Indian Olympic
team still burns on, but its flame is
in danger of flickering out.
That's the view from a
group leading the movement to
have a federation of Indian nations
from Canada and the United States
compete as an independent country
in the 1996 Olympic Games in
Atlanta. The finish line for the
Olympic dream is now just yards
away, they say, but there's one hurdle
left and it's going be hard to clear.
It's the hurdle of money.
Although much progress has
been made in this three-year
movement, the lack of funding from
tribal governments, celebrities and
corporations is a frustrating
roadblock, says officials from
UNION, which stands for Unite Now
Indian Olympic Nation. This final
roadblock is tragically ironic, UNION
officials claim, since they feel they
have a clearcut case supporting an
Indian team in Atlanta. Last
September, the International Olympic
Committee voted to accept Palestine
into the 1996 Games.
W h i l e Spencer finds it
interesting that Palestine was given a
free pass yet UNION has been made
to jump through hoops, the most
glaring contradiction has come in
comments from IOC Director
General Francois Carrard. In the past,
Carrard has downplayed the chances
of an Indian team, but he helped race
through Palestine's acceptance, and
in a September 19 article in the
Atlanta Constitution Carrard was
quoted with the following statement:
'' There is a time for peace, there is a
time for making progress, there is a
time for the youth, and there's a time
for the Olympic movement to open
its arms and its doors to help the
young Palestine athletes to practice
their sports,'' Carrard told the paper.
"Those words state the case
for Indian athletes better than any
document or treaty," said Spencer.
" H o w can IOC reach out and
open its door to Palestine, and then
pull away and slam the door on Indian
youth?"
But while Spencer says time is
at hand for the IOC bid, he also
fears that time is running out.
U N I O N has been in a lull for the past
six months due to lack of funding to
pay for transportation of coaches
and other prominent Indian
officials to attend conferences.
Spencer says what really
troubles him is the lack of financial
help from corporations that should
help out but don't.
In the end, Spencer hopes that
average Indian people will carry the
torch. He points out that the Haskell
Institute's college football stadium
was built in 1920s, solely through
donations from Indian people.
'' The average, common people
will save this movement," says
Spencer. "But if we could just get
some seed money this thing would
really blossom. It will be a tragedy to
see this dream snuffed out because
we lack the almighty dollar bill."
U N I O N hopes apply to the
IOC for acceptance after its July
meeting. U N I O N is still seeking help
from people who would like to lead
federations in volleyball, judo, and
kayaking. If you would like further
information on UNION, or would
like top donate to the Olympic effort,
please call: 617-499-7796; or write
to UNION: Box 682, Bedford Mass.,
USA, 01730.
Effective May 1994
The Union Of B.C. Indian Chiefs has relocated to:
3rd Floor - 342 Water Street
Vancouver, B.C.
V6B 1B6
Our Phone and Fax number remain the same.
Phone: (604) 684-0231 Fax : (604) 684-5726
10
J U L Y 1994
LETTER TO KAHTOU
June 9, 1994
Dear Sir:
Regarding your response to the
letter from Harold (Harry) Williams
("What is the mandate?") in your June
15, 1994 issue, I wish to advise you and
your readers that on March 3, 1994 the
UBCIC Chiefs Council adopted by consensus the following resolution on the
"off-reserve" question.
The Union of B.C. Indian Chiefs
hereby resolves and declares:
The citizens of First Nations are under
the jurisdiction of their respective First
Nations, regardless of where they may
reside;
The traditional and elected leaders of
our nations have the responsibility and
obligation to protect, defend and
represent their citizens, regardless of
where they may reside; such responsibilities are not transferable to any other
government or organization;
Resourcing to support and implement
our nations' inherent right of self-determination should flow directly to our
respective nations.
Your response to the letter states
that "for some reason or other, the individual band chiefs ignore the members
that reside off reserve." There is no
mystery about how the "off reserve"
question came about. It is a direct result
of Department of Indian Affairs funding
policies and off-loading strategies. Most
chiefs and councils are prevented from
meeting the needs of their off-reserve."
members because of rules, restrictions
and underfunding imposed by the federal government.
It is not right to blame the chiefs
for this situation or to say they "ignore"
their members living "off reserve." It is
the federal government that has been
shirking its fiduciary obligations, financial and otherwise, for Indians living
"off reserve." Let's get it right, Kahtou:
our respective peoples, whether they
live "on" or "off reserve," continue to be
victimized by DIAND's termination and
divide-and rule strategies - not by each
other.
The UBCIC believes that the time
is long overdue for our respective Nations to assert their sovereign jurisdiction and affirm their responsibilities and
obligations toward all of their citizens,
regardless of where they reside.
Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry
President
Letter to the President
Hi Saul,
How are you? Fighting sure! Here I continue working in my Bar and every
summer I travel a little, always among native people.
You were right when you called me Carlos "The Indian Basque" because
I feel like an Indian. Lately I travelled to the South Pacific to visit some little
islands in Polinesia.
I have there some good friends too, and in the future I would like to go
to live there, because I don't like the white way of life. M y friend "Nandus" is
a basque language teacher and he likes to travel very much. He is like a
nomad Indian. Now he is travelling from Alaska to Tierra de Fuego in the end
of South America. I hope you can help them a little during a few days their
stay at Vancouver. Perhaps they can put their tent in the Millie garden. Many
times I thinks about you Lise, Millie Roselli, Alejandro, George M . and all the
nice people I knew there and I would like to see you again.
I wish the best for you and for all the First Nations in Canada. Good
Luck!
Carlos Sogerb
J U L Y 1994
11
Indian World ''The Choice is Ours"
Archives
BORDER
CROSSING
In May, 1981, a number of Indian persons were charged
with "failing to enter Canada at a port of entry and failing to
report to an Immigration Officer for examination", an offence
under the Immigration Act. All the persons charged had come
into Canada by way of what is commonly called in the area,
the "Indian Border". All the persons charged with the offence
are members of the Kootenay Nation and belong to either the
Tobacco Plains or St. M a r y " s Indian Bands. The "Indian
Border" is a route that leads from the United States, across the
49th parallel, onto the Tobacco Plains Indian Reserve, the people
have pleaded "not guilty" and the trial of the matter is to be held
on June 9, 1982, at Fernie, B.C.
The International Boundary was defined by the British and
American governments in the middle of the 19th century, this
boundary cut across the Kootenay traditional territory and
divided the Kootenay Nation. At the time the Boundary was
defined the Indian Nations were assured that their right to pass
and repass the Boundary would not be impeded. In addition to
dividing families, the Boundary interfered with the Kootenay
traditional way of traversing their territory during hunting and
fishing seasons. When Indian Reserve Commissioner O'Reilly
arrived at Tobacco Plains Indian Reserve in 1884 for the purpose
of setting aside Indian Reserves, he had the following
conversation with Chief David:
O'Reilly: "We cannot talk about United States lands; it is
on the other side of the boundary."
David: "What is the meaning of this boundary line? It runs
through the middle of my house. M y home is on both sides. Why
should you, without asking me or considering me, divide my
property in two and also divide my children?"
The Kootenay Nation say that they have never surrendered
their right to traverse their traditional territory and that neither the
International Boundary nor the Immigration Act can interfere
with their right to enter their land.
The member Bands within the Kootenay traditional territory
(on both sides of the Boundary) continue to this day to maintain
their tribal and cultural ties through a variety of joint activities.
Clo Ostrove
Excerpts From INDIAN WORLD
July, 1982
-Border Crossing
-This Land
12
THIS L A N D
Tall and silent and straight I stand.
I've watched them take away my land.
Friendship and peace I wanted to give.
And all I requested - The right to live,
to hunt, to roam, as I did before.
But they took that too, and much, much
more.
They put me on a reservation
and labeled me "a minority nation".
They stripped me of my pride, my shame.
They called me savage and other such
names.
For years they pretended I didn't exist.
But now that I stand and try to resist.
They call me militant, angry, and cruel.
They say I break the golden rule.
It was they who stole my life, my land.
So now the time has come to stand.
To let them know how I feel.
To tell them I want a better deal.
Friendship and peace is still the aim.
But now it's a brand new game.
I'll no longer sit back taking welfare
and boozing.
I'll know what's at stake and what I'll
be losing.
I still stand tall - not so silent, but
straight.
And the time has come, I'll no longer
wait.
I want my lands, my rights made clear.
I want it now and not next year.
Simon Danes
J U L Y 1994
An excerpt from INDIAN WORLD, July 1980
Ernie
Hizemsque
at
Skeena
Crossing
As fishing moved into full season this year, the mind of Ernie Hizemsque, an elder
from Skeena Crossing in the Gitskan-Carrier country, turned to the past. He talked about
how wealthy his people were—wealthy in food and culture.
"In our grandfathers' days they used to do a lot of things different when they went
fishing. They never used nets, they put stakes in where the waterfalls are, and that's how
they caught salmon. The stakes sometimes went right across the river. After the fish got
into it, they couldn't get out. Sometimes it would take the whole day to take the fish from
the traps.
The people would get the salmon eggs and dig a hole in the ground. Then they
would put birch bark around it, inside it, and put all the eggs there. There would be
enough for all winter. When they needed it, they would take a little bit and mix it with
sea-weed. That was good.
And they used to get the grease from sockeye. They put the sockeye in a big pail
and boiled it. It makes the grease come out of it. After the grease made a film on the top
of the water, they took it out with a spoon. They would have grease and cooked dried
herring eggs, and they would serve it around to the people.
After they did things like catching salmon and drying salmon and they had enough
for winter use, they went out to pick berries: salmon berries, soap berries, all kinds, and
then they would go to the mountain to get mountain goat.
They used to be more restrictive, they cleaned the salmon, they didn't let the
children play with it, not any part of it. The kids couldn't go near the river, it wasn't safe.
We were more restrictive at that time.
What we do now is start on the spring salmon, but when the river goes down lower
we have to move to another spot and work on the sockeye, but we only catch what we
need for winters. It's quite a bit different now than before. It was a lot better before
because in the old days we got together to work more, together."
J U L Y 1994
13
HIV and AIDS in the
Native Community
T h e f a c t s are m o r e t h a n documented:
They are a very grim reality. The human immuno
deficiency virus ( H I V ) and acquired immune
deficiency syndrome ( A I D S ) is spreading in the
Native community at a rate that, for the population,
exceeds the spread of the virus and the disease in
the non-Native community. Dr. Jay Wortman of
Health Canada has issued the warning that the
"explosion" is with us today.
Causes for the virus, which allegedly leads to
the disease, are many: living conditions, lifestyles,
nutrition, poverty, lack of adequate medical services.
The D o w n t o w n E a s t s i d e of V a n c o u v e r
is t h e p o o r e s t u r b a n neighbourhood in
Canada. It has a very significant Native population
living in the worst of conditions. H I V is contracted
specifically through unprotected, unsafe sexual
practices; the use of shared needles; and from an
HIV-positive pregnant mother to her unborn child.
HIV cannot be contracted through touching, kissing,
toilet seats, door k n o b s , and sharing f o o d
utensils.
To that end, then, Vancouver N a t i v e
H e a l t h S o c i e t y h a s e s t a b l i s h e d an
H I V + / A I D S H o m e Outreach Program. With St.
Paul's Hospital, we also operate a Native AIDS
Coordination Program. The Outreach Program
makes home visits, offers counselling, operates a food
bank, administers a housing subsidy program, takes
people to doctors and hospitals, helps with shopping,
and generally for any assistance that is needed. The
separate Native AIDS Coordinator Program links
the community and healthcare systems. As a client's
illness progresses, the coordinator is able to draw
on culturally significant practices to ensure early
intervention and continuity of care. It also works
closely with the Vancouver Needle Exchange. 40% of
the clients at the Exchange are Native. The program's
g o a l s are to p r o m o t e p o s i t i v e h e a l t h
practices, facilitate linkages between
c l i e n t s and community, culturally sensitize health
care workers to Native issues, and educate the
Aboriginal population about AIDS. The program
assisted 72 clients and their families in 1993. The
program averages 6 new referrals monthly.
The purpose of both programs is education and
prevention.
V N H S is part of the B.C. AIDS Coalition and
was instrumental, with a few other groups, in getting
the B.C. AIDS Secretariat set up.
Funding is always a difficulty, despite the fact
that H I V / A I D S is r a p i d l y spreading. The
monetary c a l c u l a t i o n s have been made:
Prevention and education can cost an average of $100
a month per person whereas hospitalization can cost
as much as $73,000 per person a year.
For more information on the society's AIDS
Programs, as well as other health related services, call
VNHS at 254-9949 or write to 449 East Hastings
Street, Vancouver, B.C. 6 V A 1P5.
International News Update
On June 17, 1994 Ms. Penelope Muecke of West Perth, Western Australia visited the Union of B.C. Indian
Chiefs office in Vancouver. She was in search of an Indian organization which is involved in Land Claims. She
wanted to compare notes on many issues and get some information to assist her in the work she is doing at
home. There are similarities between the Aborigines of Australia and the Indian Nations in Canada whereby both
Federal governments continue to implement their goals and processes to extinguish Aboriginal rights. While
Canada has the Supreme Court Decision in Sparrow in favour of the Aboriginal Peoples, Australia has the Mabo
Decision in which their High Court through out the "terra nullius" theory and rules that the Aborigines owned
Australia before Europeans arrived; and that some tribes still have "native title" over some parts of the Outback
not settled by whites. Just as the Canadian Government is trying to diminish the meaning of the Mabo Decision.
Other areas where the Aborigines and Indian Nations share a common interest is the International Labour
Organization and the United Nations Commission on Human Rights Working Group on Indigenous Populations.
Of interest os the fact that lawyers or consultants who helped Indian Bands settle their land claims through selfgovernment agreements in Canada are travelling to Australia extolling this process.
14
J U L Y 1994
L E G A L UPDATE
Taxation By-Law Wins
St. Mary's Indian Band V. The City Of Cranbrook
This case concerned the authority of the Band's taxation by-law, passed under s.83 of the Indian Act, to
levy taxes against the municipal airport occupied by the City of Cranbrook. The case turned on the
court's interpretation of the surrender documents. In particular, the documents stated that this was a
surrender for sale and included a condition that if the lands ceased to be used for public purposes they would
revert to the Band. The Band on the other hand argued that because of the condition that the lands might revert
back to the Band, this was not an absolute surrender but instead was a conditional surrender and therefore the
Band had a continuing interest in the lands. The judge agreed with the Band and said that the lands were within
the d e f i n i t i o n o f " d e s i g n a t e d l a n d s " . The B a n d ' s t a x a t i o n b y - l a w applies to lands in
the reserve, including designated lands. Accordingly, the City of Cranbrook was liable to pay taxes to the
Band.
The City of Cranbrook has filed an appeal of this ruling in the B.C. Court of Appeal. If you have any
questions or require and other information, please contact Clo Ostrove at Mandell Pinder or Halie Bruce at the
Union of B.C. Indian Chiefs, Vancouver office.
Section 28 Permits And The Opetchesaht Case
On March 21, 1994, the B.C. Court of Appeal allowed the appeal taken by B.C. Hydro and the federal
Crown in the Opetchesaht case. The issue before the Court was the validity of a permit issued by the minister
under authority of Section 28(2) "for such period of time as the [said] right-of-way is required for the purpose of
an electric power transmission line". Earlier, Mr. Justice Lander found that Section 28(2) should be interpreted
as meaning a defined period of time. A permit for as long as required for transmission line purposes was not
authorized by Section 28(2) and thus was invalid. The Court of Appeal reversed and found that there is nothing
in the wording of Section 28(2), read alone or together with other provisions of the Indian Act, that requires a
restrictive interpretation that the grant by permit be to a date certain. The Court of Appeal found no reason why
the permit could not be for a period the termination date of which cannot then be known but would become
known later. In this instance, the termination date would be when the right-of-way land is no longer required for
transmission purposes. We understand that the bands will be applying to the Supreme Court of Canada for leave
to appeal this decision.
The result of the Court's decision is that bands can no longer assert that a permit allowing the use of
reserve land is invalid solely because the permit does not state a specific time (ex. "Jan. 1, 2001") when the
permit will end. The validity of any given permit must now to be challenged on other grounds. For example,
evidence (if available) that (a) the consent of band council was not informed consent; (b) the permit does not
include the terms set out in band council's consent (BCR); (c) D I A or the permittee failed to satisfy
the conditions set out in the BCR.
Delgamuukw
The Hereditary Chiefs of the Gitksan & Wet'suwet'en Peoples have signed an Accord with the Province in
which the parties agreed to adjourn the Delgamuukw land claims case for 1 year. Over the next year the Chiefs
and the Province will work, under the auspices of the Treaty Commission, towards a negotiated settlement of the
issues raised in the case. If the negotiations are successful, the court case will not proceed; if the negotiations are
not successful, the Supreme Court of Canada can then hear the case.
J U L Y 1994
15
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16
J U L Y 1994
Union of B.C. Indian Chiefs
NEWSLETTER
JULY 1994
The Post Secondary Education
Battle Continues
With the implementation of BC
Region’s per capita based Post
Secondary Funding Formula, 80 First
Nations in BC have seen their Post
Secondary budget reduced by a total
of $4.5 Million Dollars.
Regional Director General John
Watson will be quick to tell you that
INSIDE THIS ISSUE...
2 Education
3. Presidents Message
4, Kemano Completion Project
by Rafe Mair
2. Annual General Assembly
Announcement
6, Joint Policy Council
7, Resource Center
8, George Manuel Institute of
Indian Government
9, Self-Determination or
Self-Termination Poster
10. Sport News
Il. Letter to Kahtou
Re: Off Reserve Question
12. Indian World Archives
14+. Aids Awareness
- International News
15. Legal Update
- Mandell/Pinder
in spite of this, the overall Post
Secondary Education Budget has
increased in BC by 2.7%. J am sure
that this is little comfort for the First
Nations who experienced reductions in
their budgets of 600,000 or 250,000
or 50,000.
We agree, that there must be
some formula or process for
disbursing Post Secondary Education
dollars. What we don’t understand is
what relationship exists between
population levels and education
funding needs.
Under the current formula,
funds are disbursed at the rate of $370
per Band Member. According to Mr
Watson, this is a more equitable way
of allocating the funds. But we ask
you; is it not possible for a small
Band to have a large number of
students and a large band to have a
small number of students?
In correspondence to the Union,
Mr Watson has indicated that the
existing formula was developed as
policy for the implementation of the
Conservative Governments policy on
capping the PSE budgets. So, now
that the Liberals are forming the
government, why is INAC continuing
to implement Tory policy? According
to Liberal Campaign promises, both
spoken and in the ‘‘Red Book’’, the
cap on Post Secondary Funding was
to be lifted. According to Ron Irwin,
Minister of Indian Affairs, the
government does have a fiduciary
responsibility in the area of Education
and ‘‘no studént will be turned
away’. This comment was made at
the May 19th meeting with the
Minister which was attended by our
President, Chief Saul Terry and
representatives of our Chiefs
Council. However, not only has the
region failed to respond to the position
of the Government by attempting to
develop relevent and appropriate
policy, they have formally DENIED
that those statements were ever made
by the Minister.
So, who’s the Boss? The elected
Minister or his Bureaucrats?
The Union will continue to seek
a negotiated settlement to this issue.
However, the days are slipping by and
fall registration for students who are
being denied funding approaches.
With this in mind, the committee of
Education Coordinators and our
Chiefs Council believe that other
measures must be taken to ensure a
solution to this matter.
Do you want your voice to be
heard? For more information on
action plans, contact Michelle Good at
the UBCIC office @ 684-0231.
L
JULY 1994
ATTY » ~~ ra “Yr
UNION OF B.C. IND
TA , yee
IAN CH!
Education Negotiations
Forge Ahead
As many of you know, the UBCIC has entered
into agreements with the Federal and Provincial
Governments to negotiate Education Framework
Agreements which would define the manner in which
funds are transferred for the education of First Nations
students. These negotiations are taking place ona
‘*bilateral/bilateral’’ basis. What this means is that
two separate negotiations tables have been
established; one with the Province and one
with Canada.
Since March the Union has focused on the
Federal Negotiations. At the current time a draft
Framework Agreement has been completed and will be
tabled with Canada on July 7. This agreement was
developed by UBCIC staff in accordance with the
initial agreement and as per the direction of Chiefs
Council and our committee of Education
Coordinators. The purpose of the agreement, as
written in the draft agreement is as follows:
To provide a framework agreement for the
principles and process of the negotiations of
Education agreements with First nations and Canada.
To ensure First Nations control over the
resources necessary for the achievement of their
education goals as determined by First Nations.
To redefine the manner in which education
funding is allocated and transferred to First Nations.
In establishing those objectives, the agreement,
once agreed to by Canada, will act as the precursor for
major changes in how the education of our young
people ts handled.
Upon entering into a community education
agreement pursuant to the Framework Agreement,
education dollars will flow directly to the First Nation
as opposed to the Provincial Government and the local
school districts. This will give First Nations a much
higher degree of control as they will be in a position to
buy services from the local school districts. In turn,
the school districts be far more accountable for the
quality of education provided to our children.
Further, in the spirit of government to
government relations, we are proposing that education
funding be disbursed to Bands in a manner similar to
the transfer payments which are made to the provincial
government. Under the proposed agreement, one
block transfer, including all Band allocations for
education, will be made to First Nations.
As part of the agreement, we have proposed a
new formula for Post Secondary Education Funding.
Under the new formula, our right of education would
be respected in that funding will be based on need
rather than on predetermined per capita driven
formulas which have no relation to the actual
education needs in a community.
Perhaps most important, the proposed
agreement would see a shiff im jurisdiction and
authority for education. If successfully negotiated this
agreement would once again see First Nations people
in the drivers seat when it comes to decision making
regarding education.
We expect the negotiations to be difficult, but
we remain hopeful that our efforts will be successful.
For more information contact Michelle Good at
the UBCIC office.
PRESS RELEASE - MAY 19,1994
First Nations Post Secondary Funding Still On The Chopping Block
Chiefs Meeting With Indian Affairs Minister Today
Despite a commitment in the Liberal Party’s ‘‘Red Book’’, that the cap on post secondary funding would be
lifted, 4.5 million dollars has been slashed from some 80 BC First Nations post secondary education budgets for the
1994/95 school year.
For many First Nations this is the third year of such cutbacks. Many eligible First Nations students will be
denied the opportunity to attend their post secondary programs if the funding cuts stand.
Intent on protecting the right of these students to continue with their education this fall, Chief Saul
Terry, President of the Union of B.C. Indian Chiefs and the UBCIC Executive will meet with Minister Ron Irwin
today in Vancouver.
It is the aim of the Union to obtain a commitment from the minister that the election promises will be kept and
the post secondary funding cuts will be rescinded.
JULY 1994
MESSAGE
FROM THe
PRESIDENT:
OUR PEOPLES REJECT AN
"ABORIGINAL MELTING POT"
APPROACH TO SELF-GOVERNMENT
An excerpt from a statement delivered to the National Aboriginal Ministers & Leaders
Meeting held in Quebee City, May 17-18, 1994.
an ur Peoples reject an “Aboriginal Melting Pot" approach to self-
government. An Approach which would reduce the status of our
nations to the lowest common denominator and strip the words
‘‘inherent’’ and ‘‘sovereignty”’ of all true meaning.
We affirm that our Indian Nations have exclusive jurisdiction over and
responsibilities for our citizens regardless of where they may reside. When the
Federal Government participates in tripartite negotiations with provincial
governments and representatives of off-reserve Aboriginal people, it is a
blatant violation of the jurisdiction and responsibilities of our Indian
governments toward our citizens. Other organizations do not have a mandate from our Nations to deal with
issues on behalf of our citizens living away from home. Letus not forget that the existence today of large off-reserve
and urban Indian populations is a direct result of decades of federal government policies that have impoverished our
people on reserves and forced them
to live away from home. The policies
of detribalization, assimilation,
termination and off-loading continue.
Constitutionally, there is only
one government that our Indian
Nations are obliged to deal with on
the subject of our inherent rights: the
Government of Canada. We are
anxious to discuss the recognition of
our inherent rights, including our
right of self-determination and other
aspects of Indian Government - but
only ona bilateral nation-to-nation
basis with Canada. This basis must
include mutually accepted principles
for treaty interpretation, land claims
policies and full compliance by the
federal government with its trust
obligations.
Our Nations recognize,
however, that it 1s desirable to
establish effective bilateral
government-to-government
relationships with Provinces in
order to address policy issues of
mutual concern, including issues
related to the implementation of
inherent Indian Government powers.
Indeed, the Union of B.C. Indian
Chiefs and the Government of British
Columbia have pioneered the
development of this kind of
government-to-government
relationships in Canada. (It should
be noted that this was done explicitly
without derogating from the nation-
to-nation relationship with Canada
or Canada’s trust obligations.)
The Provinces have an
importantrole to play with our Indian
Nations in facilitating the
implementation of Indian
Government on the ground -- in
effect, to help build ‘‘exit doors’’ for
the provinces to vacate fields of
jurisdiction that properly belong
under Indian Government or federal
Jurisdiction.
Let us be very clearthat dealing
with the Provinces on Indian
Government implementation issues
is a second stage. First, the
Government of Canada and our
Indian Nations’ must arrive at an
acceptable basis for recognition of
our aboriginal and treaty rights.
In conclusion, our Indian
Nations exist today, as they have
since time immemorial, as sovereign
nations with inherent aboriginal and
treaty rights in our respective
traditional territories. Among these
rights is our Peoples’ inherent right
of self-determination, which is
recognized and affirmed in
international law.
Regardless of whether our
Nations have treaties or not, we have
never surrendered our rights, We
have never surrendered our
territories. We cannot do so and
we never will.
JULY 1994
=|
l
FEDS TOOK ALCAN’S BAIT AND SOON
by Rafe Mair
Reprinted from the Georgia Strait,
April 1-8, 1994
The public is being taken to
the cleaners over the Kemano
Completion Project. It is a classic
example of the old bait-and-switch
technique, the diversion-of-
attention ploy, and the culprit is
Alcan.
A quick review. In 1950, the
B.C. government gave away an
enormous tract of B.C. to Alcan so
the company could build an
aluminum plant at Kitimat and a
power station at Kemano. This
undertaking involved a dam, river
diversions and reversals, and a huge
reservoir, the Nechako River, a main
tributary of the Fraser, was dried up
for about three years.
In 1978, quite outside of- and,
in this lawyer’s view, contrary to -
the 1950 agreement, Alcan began to
supply power to B.C. Hydro and
embarked upon what 1s known as the
Kemano Completion Project (KCP).
At first, Alcan maintained that it
needed the power from this project
to open new plants. Now Alcan
admits that it has no plans to produce
an ounce of aluminum with this new
power.
For the project to pork, the
poor old Nechako, already
massively depleted, is to be
reduced to 15 per cent or less of its
original level.
The Federal Department of
Fisheries and Oceans (DFO) went to
court in 1981 to force Alcan to let
sufficient water go over the Kenny
Dam into the Nechako to protect the
chinook and sockeye stocks that use
theriver. (Theformer spawn init;the ~
latter pass through it on their way to
spawn in the Stuart system.) The
Chinook do not constitute a major
run, but the sockeye represent, by
some estimates, as much as one-
fifth ofthe huge Fraser River sockeye
runs. Alcan chafed under the
injunction that the federal
government won, and challenged it
in court. Alcan appeared to be
headed for another loss when then-
fisheries minister Tom Siddon cast
aside the evidence compiled by
DFO scientists and cobbled
together a settlement team chaired
by Dr. David Strangway, the
President of UBC, who knows about
as much about fish biology as I do
about rocket science.
The Strangway team
excluded the DFO scientists who
had studied the project most closely,
but it did include two Alcan
biologists. Moreover, Tom Siddon
was somehow convinced that the
Strangway settlement team ought
not to consider the sockeye, but
only the chinook! Even thought
the Dfo scientists excluded from the
process were adamant that the
sockeye would be at horrible risk if
Alcan were to get its way on water
flows into the Nechako, the
settlement team was instructed not
to trouble itself about them.
The lowering of the
Nechako might reduce the level of
the Fraser by as much as five feet at
Hell’s Gate. ‘‘Not our
problem,’ says Alcan. ‘‘Not
Alcan’s problem,’’ says the
Strangway settlement team. **Very
much Alcan’s problem,’’ says the
DFO scientists who studied the
situation.
I put the matter this way to one
of these scientists, whose anonymity
I must respect for now.
‘*Are you saying,’’ I asked,
‘that if KCP goes through, it is only
a matter of time before sockeye
and pinksruns meet dangerously low
levels of water - that it’s a crapshoot,
that sooner or later you crap out?”’
The answer was categorical: it
is only a matter of time before the
famous Adams River sockeye run,
plus the large pink runs 1n the Fraser,
are virtually wiped out because of
low water that would not have
occurred had Alcan not been
permitted to so dramatically cut down
the Nechako flows.
What does all this mean?
Well. first of all, the
arrangement to set up the
Strangway settlement exercisesmells
to high heaven of politics, Brian
Mulroney-style, wherein his free
trade-supporting friends at Alcan
were given a large part of B.C’s
heritage without mush regard for the
consequences.
It means that Alcan vice-
president Bill Rich and his
employers have pulled off a
stunning trick in convincing the
politicians that the Nechako
sockeye are not at risk, despite the
evidence that they will be wiped out.
It all means something else,
too. The ‘‘damners’’ will get their
way. When the fish runs have been
destroyed, as surely they will, a dam
will be built on the Fraser River,
there no longer being any reason not
to build one. Those are the stakes
British Columbians are playing for -
those are the reasons British
Columbians ought to rise as one to
bring this outrageous business to an
end.
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4
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JULY 1994
GEORGE MANUEL INSTITUTE
WORKSHOPS
ECONOMIC DEVELOPMENT
July 20, 21, 22, 1994
This three day workshop is designed specifically
for Band Economic Development Officers.
Workshop Fee: $150.00 per participant.
INDIAN GOVERNMENT
July 27, 28, 29, 1994
The George Manuel Indian Government Workshop will be
conducted by Skowkale Chief Steven Point. The workshop
es designed foe Chiefs, Band Councillors, Band Managers
and Band Managerial Staff. $150.00 per participant.
To register for any of these workshops or for more information contact Millie Poplar at our Vancouver Office @ (604)
684-0231. Please send your check or Money Order to our Vancouver Office @ 3rd Floor - 342 Water Street, Vancouver,
B. C. V6B 1B6 payable to George Manuel Institute. Participants are responsible for their own travel & accommodation
EXPEHSES.
July 5, 1994
U.B.C.LC. Office:
In a meeting with Forestry, they had asked us to circle all
our Areas of Interest (AQT) on a map. After that was to be done,
they said they would not spray Pesticides/Herbicides in or around
our berry picking, mushroom picking, and edible and medicinal herb
picking areas.
They would try to work and/or log around the sacred,
ceremonial and pictograph sites so as not to disturb them.
In the hunting and fishing part of it, each person or family
has their own hunting ground and fishing area. There have been
reports of deformation and growths found on both fish and some
animals (mostly on deer).
Our elders are saying, ‘‘We don’t want them spraying any of
that stuff around here.””
There is great concern by our people on Herbicide/Pesticide
spraying that has been done and those that are being planned. How
can it be stopped?
What we had done was ask Diane Reid AFA - MOF to get in
contact with Forestry, BC Hydro, BC Rail, Highways Department,
Agriculture, and Fisheries and ask those that do the Pesticide/
Herbicide spraying to bring us their map showing where they had
sprayed and the date it was done. Also, to ask where they plan to
spray.
We are asking to see the whole picture, not just the small
picture the Forestry is showing us.
The date for the meeting will be in the fall sometime. We
will contact you when the date has been confirmed.
Sincerely,
Morgan Wells
Mount Currie Band Councillor
ANNUAL GENERAL ASSEMBLY
ANNOUNCEMENT
At the Chiefs Council meeting in Lytton on June
14th, it was decided the 26th Annual General
Assembly of the Union of B.C. Indian Chiefs will be
held from October 20, 21, 22, 1994 in the city of
Vancouver. This year the Indian Homemakers
Association of B.C. will be celebrating their 25th
Anniversary.
The Homemakers and the Union will be hosting
a feast and gathering on October 22nd in the evening.
Indian Bands will be informed as plans develop.
JULY 1994
On June 11, 1993, UBCIC
and the Provincial Government
established a ‘‘government-to-
government’”’ relationship and a
Joint Policy Council to address
broad policy issues of mutual
concern. The JPC consists of the
UBCIC Chiefs Council and the
B.C. Cabinet. At present, there are
technical working committees
addressing seven agenda items.
The second meeting of the
JPC was held on March 4, 1994.
The achievement of interim
agreements with the Province on
Indian education and project
funding for the George Manuel
Institute of Indian Government
was noted by the Chiefs Council
and the Ministers. Chief Saul Terry
and Bob Manuel presented
Premier Mike Harcourt with a
copy of the biography of George
Manuel, ‘‘From Brotherhood to
Nationhood.”’
The JPC reviewed the
working committee paper on
Order-in-Council 1036 and
discussed ongoing differences in
position between UBCIC and the
Province. (See the February issue
of the UBCIC Newsletter for
UBCIC’s position on OIC 1036.)
It was agreed that because of the
impasse, the Premier’s office
would play a direct role ina
further round of discussions on
OIC 1036. The JPC reviewed the
' progress made by the working
committees over the previous eight
months and added a seventh item
to the JPC agenda: First Nation
Policing and Justice.
UBCIC - B.C. Cabinet
Joint Policy Council
The following is a brief
update on the work done since
March on the seven JPC agenda
items.
Order-in-Council 1036: The
Premier’s office facilitated one
further meeting on OIC 1036;
another is scheduled shortly.
UBCIC anticipates receiving
recommendations on this issue by
mid-July.
Fundamental principles of
treaty-making: A discussion paper
on ‘‘certainty’’ without
extinguishment and the role of the
Province in bilateral nation-to-
nation treaty-making will be
completed by early August. The
purpose of this work is to set the
stage for an ‘‘inclusive’’ nation-to-
nation alternative to the tripartite
B.C. Treaty Commission process.
Indian education:
Negotiations with the Province
will resume in July on a five-year
framework agreement for the
purchase of education services by
First Nations from school districts.
(Negotiations with DIAND on a
five-year funding agreement for
Indian education began in April
and are ongoing.) Any agreements
will be within the scope of First
Nations’ inherent right of self-
determination.
George Manuel Institute:
Technical work and negotiations
have been proceeding toward a
formal submission in September
for accreditation and funding. (See
detailed GMI update in this issue
of the UBCIC Newsletter.)
Child welfare & family
services: Two meetings with
Ministry of Social Services have
been held. A meeting of First
Nation child and family support
workers was held at Lytton on
April 15. Further to that meeting, a
UBCIC Child Welfare Committee
has been established to provide
ongoing direction and support to
UBCIC in the negotiations with
the Province. .
First Nation Heritage
Protection: Intensive work was
carried out with the Ministry of
Tourism & Culture on the
proposed Heritage Conservation
Amendment Act, An agreement in
principle was arrived at in January
on several key provisions of the
bill. Regrettably, senior ministry
officials reneged on this agreement
and the bill was passed by the
legislature without the provisions
required by UBCIC (including
exempting First Nations from
having to get permits from the
Province for their heritage).
UBCIC does not support this
legislation and a letter to the
Minister and the Premier is in
preparation.
First Nation Policing &
Justice: Preliminary discussions
have been held with the Deputy
Attorney General. Working
committee meetings will
commence in late summer.
FOR FURTHER
INFORMATION, CONTACT:
DAN GOTTESMAN @ UBCIC’S
VANCOUVER OFFICE (684-0231).
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6
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JULY 1994
RESOURCE CENTRE
“Running a Small Library’’ Workshop
Ten enthusiastic people came together June 15 -
17th for the second ‘‘Running a Small Library’’
Workshop facilitated by the UBCIC Librarian for the
George Manuel Institute. We covered everything from
mission statements and collection development policies
to cataloguing and classification. The workshop received
very favorable evaluations from the participants and it
is hoped we can offer another workshop later in the
year.
If anyone is interested in being notified about the
next workshop or would like more information, please
contact Wendy Ancell, UBCIC Librarian, at 684-0231
or FAX 684-5726.
Public Library Services to Reserve Residents
In 1993, the B.C. government called for
submissions and recommendations for changes to the
very antiquated provincial Public Library Act. Among
other matters, the Library Act deals with who has the
tight to access public library services in the province.
Members of the B.C. Library Association First Nations
Interest Group submitted a strong recommendation,
backed by BCLA, to include the needs of B.C. First
Nations in the revised legislation. As a result, Bill 12 -
Library Act, which is currently before the Legislative
Assembly, includes the following in Section 50: (1)
The minister may provide library service to individuals
and communities that, in the minister’s opinion, are
unable to obtain public library service.
(2) For the purpose of subsection (1), the
minister may enter into an agreement with a library
board, including an agreement under which a library
board extends free library service to residents of a
reserve as defined in the Indian Act (Canada).
I will keep those interested advised of the bill’s
progress through this newsletter column. If anyone
would like to send letters of support for this change in
the Library Act, send them to the Honorable Darlene
New Books
A couple of new acquisitions are particularly
worth noting.
There is a new book which serves as a guide to
organizations, agencies, institutions, programs,
publications, services and other resources concerned
with indigenous peoples of the United States and Canada.
It is called the Native American Information Directory.
This extensive directory is available for $84.82 U.S.,
from Gale Research/Distribution Centre/7625 Empire
Drive/Florence, Kentucky 41042. You can call 1-800-
877-GALE.
Another new publication worth mention is the 3-
volume British Columbia Directory of Records (1994).
This directory is published to assist the public to access
records of personal information held by the government.
Itis available for $54.00+ GST ifapplicable, from Crown
Publications/546 Yates Street/Victoria, B.C. V8W 1K8.
You can call 386-4636 or FAX
386-0221.
Preservation/Conservation
In keeping with the need to preserve many of the
old and/or unique materials in our library collection, an
archivist from the Archives Association of B.C. will be
coming in the fall to make specific recommendations for
methods of preserving and recording important materials
in our collection.
The Archives Association of B.C. offers courses ail
over the province during the year, These courses are
short in duration and very inexpensive. If you are
interested ina schedule of courses or need assistance with
archival collections, they can be reached at P.O. Box
78530/University Post Office/Vancouver, B.C. V6T
1Z4.
Until the next newsletter, I hope everyone has
an enjoyable summer, If you need information, we
will be here.
Marzari, Minister of Municipal Affairs. Wendy Ancell
UBCIC Librarian
JULY 1994 7
| J
George Manuel Institute of Indian Government
So far, the past year has been busy year for the George Manuel Institute. Although it 1s a training
center, it also supports various community initiatives. The Inter-Campus Native Students network met
throughout the year to deal with the Post Secondary Education issue. A province-wide Environmental
Contaminants Workshop was held in December, 1993. A book launch to announce the release of "Brotherhood
to Nationhood" a biography of George Manuel, was held in February, 1994.
More recently, the Cheslatta Caravan held a public forum at the Institute to expose the Kemano II issue in
support of the people of Cheslatta. Chiefs Council also uses the Institute for its meetings, or when meeting with
govenment officials. The Institute is available to Bands and Tribal Councils to hold meetings on various issues
which affect them.
Four workshops have been held since January with two more scheduled before the end of July. Workshops
to date have covered community economic development, specific claims skills and library and archives
management. A further economic development workshop for Band Economic Development Officers is scheduled
for July 20th through July 22nd, anda workshop on Indian Government is scheduled for July 27th through July
29th. Another Specific Claims Skills Research workshop is planned for late Summer or early Fall. Regional and
community workshops are also being planned for the fall. All workshops are being held at the GMI facility at 73
Water Street in Vancouver. .
Discussions on development of the GMI Post-Secondary Institution specializing in Indian Government have
focused on related issues of funding, recognition and accreditation -- accreditation being key to both assured long-
term funding and recognition of GMI courses by other poost-secondary educational insitutions. The projected
timetable for setting out the vision and basic elements of the GMI plan is early September. UBCIC anticipates
that the GMI will be functioning as an accredited post-secondary institution by the Spring of 1995. For additional
information on scheduled GMI workshops contact Millie Poplar at our Vancouver office.
CHILD WELFARE LEGISLATION - BILL 46
(CHILD, FAMILY AND COMMUNITY SERVICE ACT)
On June 11, 1993 the Union of BC Indian Chiefs
(UBCIC) entered into an Memorandum of Understanding
(MOU) with the BC Provincial Government to jointly
develop and establish broad policy initiatives in a number
of areas. One of the items on the agenda of the Joint Policy
Council is the issue of Indian Child Welfare.
The objective of the UBCIC in the area of Child
Welfare is to enter into a Government to Government
agreement which will ensure that:
1. protection and support services for First Nations
children and families are solely the responsibility of First
Nations acting within the scope of their inherent right of
self determination; and
2. provincial jurisdiction will be withdrawn from the
field of child welfare and family services as First Nations
assume jurisdiction and control in this area in the future.
At the first meeting convened to discuss this matter,
the issue of the Province’s proposed legislation was raised.
The position stated by the UBCIC was that they had no
intention of delaying the development of the legislation, but
that the proposed Bill must not purport to legislate child
welfare and family services pertaining to First Nations. At
no time has the UBCIC participated in or provided advice
in the Province’s development of the proposed general
legislation.
Although there is clearly some improvement in the
new Child, Family and Community Service Act, it does not
come close to meeting the objectives as stated above. The
UBCIC is looking for an agreement which will formalize
provincial government recognition of the inherent right of
First Nations to care for First Nations families and
children, This act only goes so far as to allow the
Minister to enter into agreement with First Nations to
administer the terms of the Act.
While, so far, the government remains reluctant to
accept that jurisdiction rests with First Nations, UBCIC is
determined that ongoing negotiations with the
Province will finally result in recognition of the
inherent authority of our Nations in the area of child
welfare and family services.For more information
contact Michelle Good at the UBCIC offices.
8
JULY 1994
SELF-DETERMINATION or SELF-TERMINATION
\a 48 EXPLORATION & COLONIZATION
FIRST NATIONS SOVEREIGNTY oe EK s IN NORTH AMERICA
—— qaostic:.! SOVEREIGN CROWN
el oe a
ABORIGINAL TITLE AND RIGHTS F GREAT BRITAIN
or
rT. TREATIES BETWEEN GREAT BRITAIN
SOVEREIGN FIRST NATIONS : ee aos
Distinet Peoples ret Military, Economic, Political Alliances
Eiforg, Langeagen naire a3 ROYAL PROCLAMATION OF 1763
vs ‘tori rE 3 , , :
—— Ee Doctrine of Consent; First Nation Sovereignty;
Distinct Organizations F F Treaty-Making Crown Policy
EAD aa, Bese) + TREATY-MAKING POWERS PASS FROM BRITISH
INHERENT INHERENT f CROWN TO CROWN IN RIGHT OF CANADA
RIGHT OWNERSHIP oa
OF SELF AND Part CANADA.
DETERMINATION JURISDICTION eet ee B.N.A. Act, 1867 Sec.91(24)"Indian and lands reserved
aS +o for Indians"
+4 a
FIRST NATIONS GOVERNMENTS : £ CONSTITUTION ACT. 1982
Constitutions r EEE - SECTION 35: Recognizes and affirms
Inherent Authorities cs Ere +t existing abo erat
Structures reat EF and treaty rights.
Institutions E - z SS
INHERENT JURISDICTION AND LAW-MAKING POWERS Te hE
RESPECTING FIRST NATION PEOPLES AND TERRITORIES INDIAN ACT 1876-PRESENT
DE-TRIBALIZATION, ASSIMILATION, TERMINATION
ENVIRONMENT
ECONOMY
RESOURCES
PEACEKEEPING
CITIZENSHIP
SELF-DEFENCE
DEPARTMENT OF INDIAN AFFAIRS
Tt
TTT try
Tit vs tt 1
ery -
, FevTcuUry eT armel eee
PROGRAMS, SERVICE, MONEY CONTROL
NEO-COLONIALISM
TUTTI Ty vit
Deni
EXTERNAL RELATIONS
BAND TRIBAL
COUNCILS: COUNCILS:
1884-Present 1980-Present
INHERENT
TREATY-MAKING POWERS
ITT es
Extinguishment land claims policy:
"Comprehensive Claims Agreements",
“Modern Treaty-Making"
THY ty71
Lg cs; .
* ccrrt
* + **% r *
+tity uae an
NATION-TO-NATION TREATY
AGREEMENTS AND PROTOCOLS
INTER-TRIBAL TREATIES AND PROTOCOLS
Indian Act amendments-Devolution.
Legislated "community self-government"
FIRST NATION CROWN TREATIES
+r oH PH val
THE
-Trtryt
Alternative Legislation:
"Fundamenta! Charters"
+ - "Chartered Land Act", "Monies Act" etc.
: Tri-partite agreements"
ap ee A B.C. Treaty Commission
SELF-ADMINISTRATION OF POVERTY
SELF SELF
DETERMINATION TERMINATION
IROQUOIS TWO ROW WAMPUM-GUSWENTHA (1613)
"The Grandfather of Treaties"
"Ie will not be like father and son, but like brothers. These two rows will symbolize canoes, travelling down the same river together. One
will be for the Original People, their laws, their customs and the other for the European people and their laws and customs. We will travel
the river together, but each in our own boat. And neither of us will try to steer the other's canoe".
Reading of the Two Row Wampum from Akwesasne Notes
UNION OF B.C. INDIAN CHIEFS TEL: (604) 684-0231 FAX:(604) 684-5726 MARCH 1994
Aboriginal Athletes Get Hurdled
While the Olympic world is
still basking in the glow of the recent
Norway games, the bright torch of
hope for an American Indian Olympic
team still burns on, but its flame is
in danger of flickering out.
That’s the view from a
group leading the movement to
have a federation of Indian nations
from Canada and the United States
compete as an independent country
in the 1996 Olympic Games in
Atlanta. The finish line for the
Olympic dream is now just yards
away, they say, but there’s one hurdle
left and it’s going be hard to clear.
It’s the hurdle of money.
Although much progress has
been made in this three-year
movement, the lack of funding from
tribal governments, celebrities and
corporations is a frustrating
roadblock, says officials from
UNION, which stands for Unite Now
Indian Olympic Nation. This final
roadblock is tragicallyironic, UNION
officials claim, since they feel they
have a clearcut case supporting an
Indian team in Atlanta. Last
September, the International Olympic
Committee voted to accept Palestine
into the 1996 Games.
While Spencer finds it
interesting that Palestine was givena
free pass yet UNION has been made
to jump through hoops, the most
glaring contradiction has come in
comments from IOC Director
General Francois Carrard. Inthe past,
Carrard has downplayed the chances
ofan Indian team, but he helped race
through Palestine’s acceptance, and
in a September 19 article in the
Atlanta Constitution Carrard was
quoted with the following statement:
‘‘There is a time for peace, there is a
time for making progress, there is a
time for the youth, and there’s a time
for the Olympic movement to open
its arms and its doors to help the
young Palestine athletes to practice
their sports,’’ Carrard told the paper.
‘*Those words state the case
for Indian athletes better than any
document or treaty,’’ said Spencer.
‘How can IOC reach out and
open its door to Palestine, and then
pull away and slam the door on Indian
youth?”’
But while Spencer says time is
at hand for the IOC bid, he also
fears that time is running out.
UNION has been ina lull for the past
six months due to lack of funding to
pay for transportation of coaches
and other prominent Indian
officials to attend conferences.
Spencer says what really
troubles him is the lack of financial
help from corporations that should
help out but don’t.
In the end, Spencer hopes that
average Indian people will carry the
torch, He points out that the Haskell
Institute’s college football stadium
was built in 1920s, solely through
donations from Indian people.
‘The average, common people
will save this movement,’’ says
Spencer. ““But if we could just get
some seed money this thing would
really blossom. It will be a tragedy to
see this dream snuffed out because
we lack the almighty dollar bill.’’
UNION hopes apply to the
IOC for acceptance after its July
meeting. UNION is still seeking help
from people who would like to lead
federations in volleyball, judo, and
kayaking. If you would like further
information on UNION, or would
like top donateto the Olympic effort,
please call: 617-499-7796; or write
to UNION: Box 682, Bedford Mass.,
USA, 01730.
Effective May 1994
The Union Of B.C. Indian Chiefs has relocated to:
3rd Floor - 342 Water Street
Vancouver, B.C.
V6B 1B6
Our Phone and Fax number remain the same.
Phone: (604) 684-0231 Fax : (604) 684-5726
JULY 1994
June 9, 1994
Dear Sir:
Regarding your response to the
letter from Harold (Harry) Williams
("What is the mandate?") in your June
15, 1994 issue, I wish to advise you and
your readers that on March 3, 1994 the
UBCIC Chiefs Council adopted by con-
sensus the following resolution on the
“off-reserve" question.
The Union of B.C. Indian Chiefs
hereby resolves and declares:
The citizens of First Nations are under
the jurisdiction of their respective First
Nations, regardless of where they may
reside;
The traditional and elected leaders of
our nations have the responsibility and
obligation to protect, defend and
represent their citizens, regardless of
where they may reside; such responsi-
bilities are not transferable to any other
government or organization;
LETTER TO KAHTOU
Resourcing to support and implement
our nations’ inherent nght of self-deter-
mination should flow directly to our
respective nations.
Your response to the letter states
that "for some reason or other, the indi-
vidual band chiefs ignore the members
that reside off reserve." There is no
mystery about how the "off reserve"
question came about. It is a direct result
of Department of Indian Affairs funding
policies and off-loading strategies. Most
chiefs and councils are prevented from
meeting the needs of their off-reserve."
members because of rules, restrictions
and underfunding imposed by the fed-
eral government.
It is not right to blame the chiefs
for this situation or to say they "ignore"
their members living "off reserve.” It is
the federal government that has been
shirking tts fiduciary obligations, finan-
cial and otherwise, for Indians living
"off reserve." Let's get it right, Kahtou:
our respective peoples, whether they
live "on" or "off reserve,” continue to be
victimized by DIAND's termination and
divide-and rule strategies - not by each
other.
The UBCIC believes that the time
is long overdue for our respective Na-
tions to assert their sovereign jJurisdic-
tion and affirm their responsibilities and
obligations toward all of their citizens,
regardless of where they reside.
Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry
President
Hi Saul,
Luck!
Carlos Sogerb
Letter to the President
How are you? Fighting sure! Here J continue working in my Bar and every
summer I travel a little, always among native people.
You were right when you called me Carlos "The Indian Basque" because
I feel like an Indian. Lately I travelled to the South Pacific to visit some little
islands in Polinesia.
| have there some good friends too, and in the future I would like to go
to live there, because I don't like the white way of life. My friend "Nandus" is
a basque language teacher and he likes to travel very much. He is likea
nomad Indian. Now he is travelling from Alaska to Tierra de Fuego in the end
of South America. I hope you can help them a little during a few days their
stay at Vancouver. Perhaps they can put their tent in the Millie garden. Many
times I thinks about you Lise, Millie Roselli, Alejandro, George M. and all the
nice people I knew there and I would like to see you again.
I wish the best for you and for all the First Nations in Canada. Good
JULY 1994
1]
Indian World "The Choice is Ours"
Archives
BORDER CROSSING
In May, 1981, a number of Indian persons were charged
with ‘‘failing to enter Canada at a port of entry and failing to
report to an Immigration Officer for examination’’, an offence
under the Immigration Act. All the persons charged had come
into Canada by way of what is commonly called in the area,
the ‘‘Indian Border’. All the persons charged with the offence
are members of the Kootenay Nation and belong to either the
Tobacco Plains or St. Mary’’s Indian Bands. The ‘‘Indian
Border’’ is a route that leads from the United States, across the
49th parallel, onto the Tobacco Plains Indian Reserve. the people
have pleaded ‘‘not guilty’’ and the trial of the matter is to be held
on June 9, 1982, at Fernie, B.C.
The International Boundary was defined by the British and
American governments in the middle of the 19th century. this
boundary cut across the Kootenay traditional territory and
divided the Kootenay Nation. At the time the Boundary was
defined the Indian Nations were assured that their right to pass
and repass the Boundary would not be impeded. In addition to
dividing families, the Boundary interfered with the Kootenay
traditional way of traversing their territory during hunting and
fishing seasons. When Indian Reserve Commissioner O’Reilly
arrived at Tobacco Plains Indian Reserve in 1884 for the purpose
of setting aside Indian Reserves, he had the following
conversation with Chief David:
O’Reilly: ‘‘We cannot talk about United States lands; it is
on the other side of the boundary.”’
David: ‘‘What is the meaning of this boundary line? It runs
through the middle of my house. My home is on both sides. Why
should you, without asking me or considering me, divide my
property in two and also divide my children?”’
The Kootenay Nation say that they have never surrendered
their right to traverse their traditional territory and that neither the
International Boundary nor the Immigration Act can interfere
with their right to enter their land.
The member Bands within the Kootenay traditional territory
(on both sides of the Boundary) continue to this day to maintain
their tribal and cultural ties through a variety of joint activities.
Clo Ostrove
Excerpts From INDIAN WORLD
July, 1982
-Border Crossing
-This Land
THIS LAND
Tall and silent and straight I stand.
I've watched them take away my land.
Friendship and peace I wanted to give.
And all I requested - The right to live,
to hunt, to roam, as I did before.
But they took that too, and much, much
more.
They put me on a reservation
and labeled me "a minority nation".
They stripped me of my pride, my shame.
They called me savage and other such
names.
For years they pretended I didn't exist.
But now that I stand and try to resist.
They call me militant, angry, and cruel.
They say I break the golden rule.
It was they who stole my life, my land.
So now the time has come to stand.
To let them know how I feel.
To tell them I want a better deal.
Friendship and peace is still the aim.
But now it's a brand new game.
I'll no longer sit back taking welfare
and boozing.
I'll know what's at stake and what I'll
be losing,
I still stand tall - not so silent, but
straight.
And the time has come, I'll no longer
wait.
I want my lands, my rights made clear.
I want it now and not next year.
Simon Danes
12
JULY 1994
An excerpt from INDIAN WORLD, July 1980
Ernie
Hizemsque
at
Skeena
Crossing
As fishing moved into full season this year, the mind of Ernie Hizemsque, an elder
from Skeena Crossing in the Gitskan-Carrier country, turned to the past. He talked about
how wealthy his people were--wealthy in food and culture.
‘‘In our grandfathers’ days they used to do a lot of things different when they went
fishing. They never used nets, they put stakes in where the waterfalls are, and that’s how
they caught salmon. The stakes sometimes went right across the river, After the fish got
into it, they couldn’t get out. Sometimes it would take the whole day to take the fish from
the traps.
The people would get the salmon eggs and dig a hole in the ground. Then they
would put birch bark around it, inside it, and put all the eggs there. There would be
enough for all winter. When they needed it, they would take a little bit and mix it with
sea-weed. That was good.
And they used to get the grease from sockeye. They put the sockeye in a big pail
and boiled it. It makes the grease come out of it. After the grease made a film on the top
of the water, they took it out with a spoon. They would have grease and cooked dried
herring eggs, and they would serve it around to the people.
After they did things like catching salmon and drying salmon and they had enough
for winter use, they went out to pick berries: salmon berries, soap berries, all kinds. and
then they would go to the mountain to get mountain goat.
They used to be more restrictive, they cleaned the salmon, they didn’t let the
children play with it, not any part of it. The kids couldn’t go near the river, it wasn’t safe.
We were more restrictive at that time.
What we do now is start on the spring salmon, but when the river goes down lower
we have to move to another spot and work on the sockeye, but we only catch what we
need for winters. It’s quite a bit different now than before. It was a lot better before
because in the old days we got together to work more, together,”’
JULY 1994
13
“4
HIV and AIDS in the
Native Community
The facts are more than documented:
They are a very grim reality. The human immuno
deficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS) is spreading in the
Native community at a rate that, for the population,
exceeds the spread of the virus and the disease in
the non-Native community. Dr. Jay Wortman of
Health Canada has issued the warning that the
‘‘explosion’’ is with us today.
Causes for the virus, which allegedly leads to
the disease, are many: living conditions, lifestyles,
nutrition, poverty, lack of adequate medical services.
The Downtown Eastside of Vancouver
is the poorest urban neighbourhood in
Canada. It has a very significant Native population
living in the worst of conditions. HIV is contracted |
specifically through unprotected, unsafe sexual
practices; the use of shared needles; and from an
HIV-positive pregnant mother to her unborn child.
HIV cannot be contracted through touching, kissing,
toilet seats, door knobs, and sharing food
utensils.
To that end, then, Vancouver Native
Health Society has established an
HIV+/AIDS Home Outreach Program. With St.
Paul’s Hospital, we also operate a Native AIDS
Coordination Program. The Outreach Program
makes home visits, offers counselling, operates a food
bank, administers a housing subsidy program, takes
International News Update
people to doctors and hospitals, helps with shopping,
and generally for any assistance that is needed. The
separate Native AIDS Coordinator Program links
the community and healthcare systems. As a client’s
illness progresses, the coordinator is able to draw
on culturally significant practices to ensure early
intervention and continuity of care. It also works
closely with the Vancouver Needle Exchange. 40% of
the clients at the Exchange are Native. The program’s
goals are to promote positive health
practices, facilitate linkages between
clients and community, culturally sensitize health
care workers to Native issues, and educate the
Aboriginal population about AIDS. The program
assisted 72 clients and their families in 1993. The
program averages 6 new referrals monthly.
The purpose of both programs is education and
prevention.
VNHS is part of the B.C. AIDS Coalition and
was instrumental, with a few other groups, in getting
the B.C. AIDS Secretariat set up.
Funding is always a difficulty, despite the fact
that HIV/AIDS is rapidly spreading. The
monetary calculations have been made:
Prevention and education can cost an average of $100
a month per person whereas hospitalization can cost
as much as $73,000 per person a year.
For more information on the society’s AIDS
Programs, as well as other health related services, call
VNHS at 254-9949 or write to 449 East Hastings
Street, Vancouver, B.C. 6VA 1P5.
On June 17, 1994 Ms. Penelope Muecke of West Perth, Western Australia visited the Union of B.C. Indian
Chiefs office in Vancouver. She was in search of an Indian organization which is involved in Land Claims. She
wanted to compare notes on many issues and get some information to assist her in the work she is doing at
home. There are similarities between the Aborigines of Australia and the Indian Nations in Canada whereby both
Federal governments continue to implement their goals and processes to extinguish Aboriginal rights. While
Canada has the Supreme Court Decision in Sparrow in favour of the Aboriginal Peoples, Australia has the Mabo
Decision in which their High Court through out the ‘“‘terra nullius’’ theory and rules that the Aborigines owned
Australia before Europeans arrived; and that some tribes still have ‘‘native title’’ over some parts of the Outback
not settled by whites. Just as the Canadian Government is trying to diminish the meaning of the Mabo Decision.
Other areas where the Aborigines and Indian Nations share a common interest is the International Labour
Organization and the United Nations Commission on Human Rights Working Group on Indigenous Populations.
Of interest os the fact that lawyers or consultants who helped Indian Bands settle their land claims through self-
government agreements in Canada are travelling to Australia extolling this process.
L
14 JULY 1994
LEGAL UPDATE
Taxation By-Law Wins
St. Mary's Indian Band \. The City Of Cranbrook
This case concerned the authority of the Band’s taxation by-law, passed under s.83 of the Indian Act, to
levy taxes against the municipal airport occupied by the City of Cranbrook. The case turned on the
court’s interpretation of the surrender documents. In particular, the documents stated that this was a
surrender for sale and included a condition that if the lands ceased to be used for public purposes they would
revert to the Band. The Band on the other hand argued that because of the condition that the lands might revert
back to the Band, this was not an absolute surrender but instead was a conditional surrender and therefore the
Band had a continuing interest in the lands. The judge agreed with the Band and said that the lands were within
the definition of ‘‘designated lands’’. The Band’s taxation by-law applies to lands in
the reserve, including designated lands. Accordingly, the City of Cranbrook was liable to pay taxes to the
Band.
The City of Cranbrook has filed an appeal of this ruling in the B.C. Court of Appeal. If you have any
questions or require and other information, please contact Clo Ostrove at Mandell Pinder or Halie Bruce at the
Union of B.C. Indian Chiefs, Vancouver office.
Section 28 Permits And The Opetchesaht Case
On March 21, 1994, the B.C. Court of Appeal allowed the appeal taken by B.C. Hydro and the federal
Crown in the Opetchesaht case. The issue before the Court was the validity of a permit issued by the minister
under authority of Section 28(2) ‘‘for such period of time as the [said] right-of-way is required for the purpose of
an electric power transmission line’. Earlier, Mr. Justice Lander found that Section 28(2) should be interpreted
as meaning a defined period of time. A permit for as long as required for transmission line purposes was not
authorized by Section 28(2) and thus was invalid. The Court of Appeal reversed and found that there is nothing
in the wording of Section 28(2), read alone or together with other provisions of the Indian Act, that requires a
restrictive interpretation that the grant by permit be to a date certain. The Court of Appeal found no reason why
the permit could not be for a period the termination date of which cannot then be known but would become
known later. In this instance, the termination date would be when the right-of-way land is no longer required for
transmission purposes. We understand that the bands will be applying to the Supreme Court of Canada for leave
to appeal this decision.
The result of the Court’s decision is that bands can no longer assert that a permit allowing the use of
reserve land is invalid solely because the permit does not state a specific time (ex. ‘‘Jan. 1, 2001’”) when the
permit will end. The validity of any given permit must now to be challenged on other grounds. For example,
evidence (if available) that (a) the consent of band council was not informed consent; (b) the permit does not
include the terms set out in band council’s consent (BCR); (c) DIA or the permittee failed to satisfy
the conditions set out in the BCR.
Delgamuukw
The Hereditary Chiefs of the Gitksan & Wet’suwet’en Peoples have stgned an Accord with the Province in
which the parties agreed to adjourn the Delgamuukw land claims case for 1 year. Over the next year the Chiefs
and the Province will work, under the auspices of the Treaty Commission, towards a negotiated settlement of the
issues raised in the case. If the negotiations are successful, the court case will not proceed; if the negotiations are
not successful, the Supreme Court of Canada can then hear the case.
JULY 1994 15
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16 JULY 1994
-
Union of B.C. Indian Chiefs
NEWSLETTER
JULY 1994
The Post Secondary Education
Battle Continues
With the implementation of BC
Region's per capita based Post
Secondary Funding Formula, 80 First
Nations in BC have seen their Post
Secondary budget reduced by a total
of $4.5 Million Dollars.
Regional Director General John
Watson will be quick to tell you that
INSIDE THIS ISSUE...
2.
Education
3.
Presidents Message
4.
Kemano Completion Project
by Rafe Mair
5.
Annual General Assembly
Announcement
6.
Joint Policy Council
7.
Resource Center
8.
George Manuel Institute of
Indian Government
9.
Self-Determination or
Self-Termination Poster
10.
Sport News
11.
Letter to Kahtou
Re: Off Reserve Question
12.
Indian World Archives
14.
Aids Awareness
- International News
15.
Legal Update
- Mandell/Pinder
J U L Y 1994
in spite of this, the overall Post
Secondary Education Budget has
increased in BC by 2.7%. I am sure
that this is little comfort for the First
Nations who experienced reductions in
their budgets of 600,000 or 250,000
or 50,000.
We agree, that there must be
some formula or process for
disbursing Post Secondary Education
dollars. What we don't understand is
what relationship exists between
population levels and education
funding needs.
Under the current formula,
funds are disbursed at the rate of $370
per Band Member. According to Mr
Watson, this is a more equitable way
of allocating the funds. But we ask
you; is it not possible for a small
Band to have a large number of
students and a large band to have a
small number of students?
In correspondence to the Union,
Mr Watson has indicated that the
existing formula was developed as
policy for the implementation of the
Conservative Governments policy on
capping the PSE budgets. So, now
that the Liberals are forming the
government, why is INAC continuing
to implement Tory policy? According
to Liberal Campaign promises, both
spoken and in the "Red Book", the
cap on Post Secondary Funding was
to be lifted. According to Ron Irwin,
Minister of Indian Affairs, the
government does have a fiduciary
responsibility in the area of Education
and "no student will be turned
away''. This comment was made at
the May 19th meeting with the
Minister which was attended by our
President, Chief Saul Terry and
representatives of our Chiefs
Council. However, not only has the
region failed to respond to the position
of the Government by attempting to
develop relevent and appropriate
policy, they have formally DENIED
that those statements were ever made
by the Minister.
So, who's the Boss? The elected
Minister or his Bureaucrats?
The Union will continue to seek
a negotiated settlement to this issue.
However, the days are slipping by and
fall registration for students who are
being denied funding approaches.
With this in mind, the committee of
Education Coordinators and our
Chiefs Council believe that other
measures must be taken to ensure a
solution to this matter.
Do you want your voice to be
heard? For more information on
action plans, contact Michelle Good at
the UBCIC office @ 684-0231.
i
Education Negotiations
Forge Ahead
As many of you know, the UBCIC has entered
into agreements with the Federal and Provincial
Governments to negotiate Education Framework
Agreements which would define the manner in which
funds are transferred for the education of First Nations
students. These negotiations are taking place on a
"bilateral/bilateral" basis. What this means is that
two separate negotiations tables have been
established; one with the Province and one
with Canada.
Since March the Union has focused on the
Federal Negotiations. At the current time a draft
Framework Agreement has been completed and will be
tabled with Canada on July 7. This agreement was
developed by UBCIC staff in accordance with the
initial agreement and as per the direction of Chiefs
C o u n c i l and our committee of Education
Coordinators. The purpose of the agreement, as
written in the draft agreement is as follows:
To provide a framework agreement for the
principles and process of the negotiations of
Education agreements with First nations and Canada.
To ensure First Nations control over the
resources necessary for the achievement of their
education goals as determined by First Nations.
To redefine the manner in which education
funding is allocated and transferred to First Nations.
In establishing those objectives, the agreement,
once agreed to by Canada, will act as the precursor for
major changes in how the education of our young
people is handled.
Upon entering into a community education
agreement pursuant to the Framework Agreement,
education dollars will flow directly to the First Nation
as opposed to the Provincial Government and the local
school districts. This will give First Nations a much
higher degree of control as they will be in a position to
buy services from the local school districts. In turn,
the school districts be far more accountable for the
quality of education provided to our children.
Further, in the spirit of government to
government relations, we are proposing that education
funding be disbursed to Bands in a manner similar to
the transfer payments which are made to the provincial
government. Under the proposed agreement, one
block transfer, including all Band allocations for
education, will be made to First Nations.
As part of the agreement, we have proposed a
new formula for Post Secondary Education Funding.
Under the new formula, our right of education would
be respected in that funding will be based on need
rather than on predetermined per capita driven
formulas which have no relation to the actual
education needs in a community.
Perhaps most important, the proposed
agreement would see a shift in jurisdiction and
authority for education. If successfully negotiated this
agreement would once again see First Nations people
in the drivers seat when it comes to decision making
regarding education.
We expect the negotiations to be difficult, but
we remain hopeful that our efforts will be successful.
For more information contact Michelle Good at
the UBCIC office.
PRESS RELEASE - M A Y 19,1994
First Nations Post Secondary Funding Still On The Chopping Block
Chiefs Meeting With Indian Affairs Minister Today
Despite a commitment in the Liberal Party's "Red Book", that the cap on post secondary funding would be
lifted, 4.5 million dollars has been slashed from some 80 BC First Nations post secondary education budgets for the
1994/95 school year.
For many First Nations this is the third year of such cutbacks. Many eligible First Nations students will be
denied the opportunity to attend their post secondary programs if the funding cuts stand.
Intent on protecting the right of these students to continue with their education this fall, Chief Saul
Terry, President of the Union of B.C. Indian Chiefs and the UBCIC Executive will meet with Minister Ron Irwin
today in Vancouver.
It is the aim of the Union to obtain a commitment from the minister that the election promises will be kept and
the post secondary funding cuts will be rescinded.
2
J U L Y 1994
OUR
PEOPLES REJECT AN
MESSAGE FROM THE
PRESIDENT
"ABORIGINAL MELTING POT"
APPROACH TO SELF-GOVERNMENT
An excerptfrom a statement delivered to the National Aboriginal Ministers & Leaders
Meeting held in Quebec City, May 17-18, 1994.
O
ur Peoples reject an "Aboriginal Melting Pot" approach to selfgovernment. An Approach which would reduce the status of our
nations to the lowest common denominator and strip the words
"inherent" and "sovereignty" of all true meaning.
We affirm that our Indian Nations have exclusive jurisdiction over and
responsibilities for our citizens regardless ofwhere they may reside. When the
Federal Government participates in tripartite negotiations with provincial
governments and representatives of off-reserve Aboriginal people, it is a
blatant violation of the jurisdiction and responsibilities of our Indian
governments toward our citizens. Other organizations do not have a mandate from our Nations to deal with
issues on behalf of our citizens living away from home. Let us not forget that the existence today of large off-reserve
and urban Indian populations is a direct result of decades of federal government policies that have impoverished our
people on reserves and forced them
to live away from home. The policies
of detribalization, assimilation,
termination and off-loading continue.
Constitutionally, there is only
one government that our Indian
Nations are obliged to deal with on
the subject of our inherent rights: the
Government of Canada. We are
anxious to discuss the recognition of
our inherent rights, including our
right of self-determination and other
aspects of Indian Government - but
only on a bilateral nation-to-nation
basis with Canada. This basis must
include mutually accepted principles
for treaty interpretation, land claims
policies and full compliance by the
federal government with its trust
obligations.
Our Nations recognize,
however, that it is desirable to
establish effective b i l a t e r a l
government-to-government
relationships with Provinces in
order to address policy issues of
mutual concern, including issues
J U L Y 1994
related to the implementation of
inherent Indian Government powers.
Indeed, the Union of B.C. Indian
Chiefs and the Government of British
Columbia have pioneered the
development of this kind of
government-to-government
relationships in Canada. (It should
be noted that this was done explicitly
without derogating from the nationto-nation relationship with Canada
or Canada's trust obligations.)
The Provinces have an
important role to play with our Indian
N a t i o n s in f a c i l i t a t i n g the
i m p l e m e n t a t i o n of Indian
Government on the ground — in
effect, to help build "exit doors" for
the provinces to vacate fields of
jurisdiction that properly belong
under Indian Government or federal
jurisdiction.
Let us be very clear that dealing
with the Provinces on Indian
Government implementation issues
is a second stage. First, the
Government of Canada and our
Indian Nations' must arrive at an
acceptable basis for recognition of
our aboriginal and treaty rights.
In conclusion, our Indian
Nations exist today, as they have
since time immemorial, as sovereign
nations with inherent aboriginal and
treaty rights in our respective
traditional territories. Among these
rights is our Peoples' inherent right
of self-determination, which is
r e c o g n i z e d and affirmed in
international law.
Regardless of whether our
Nations have treaties or not, we have
never surrendered our rights. We
have never surrendered our
territories. We cannot do so and
we never will.
3
FEDS TOOK ALCAN'S BAIT AND SOON
FISH WILL BE OUT OF WATER
by Rafe Mair
Reprinted from the Georgia Strait,
April 1-8, 1994
The public is being taken to
the cleaners over the Kemano
Completion Project. It is a classic
example of the old bait-and-switch
technique, the diversion-ofattention ploy, and the culprit is
Alcan.
A quick review. In 1950, the
B.C. government gave away an
enormous tract of B.C. to Alcan so
the company could build an
aluminum plant at Kitimat and a
power station at Kemano. This
undertaking involved a dam, river
diversions and reversals, and a huge
reservoir, the Nechako River, a main
tributary of the Fraser, was dried up
for about three years.
In 1978, quite outside of - and,
in this lawyer's view, contrary to the 1950 agreement, Alcan began to
supply power to B.C. Hydro and
embarked upon what is known as the
Kemano Completion Project (KCP).
At first, Alcan maintained that it
needed the power from this project
to open new plants. Now Alcan
admits that it has no plans to produce
an ounce of aluminum with this new
power.
For the project to pork, the
poor o l d N e c h a k o , already
massively depleted, is to be
reduced to 15 per cent or less of its
original level.
The Federal Department of
Fisheries and Oceans (DFO) went to
court in 1981 to force Alcan to let
sufficient water go over the Kenny
Dam into the Nechako to protect the
chinook and sockeye stocks that use
the river. (The former spawn in it; the
4
latter pass through it on their way to
spawn in the Stuart system.) The
Chinook do not constitute a major
run, but the sockeye represent, by
some estimates, as much as onefifth of the huge Fraser River sockeye
runs. Alcan chafed under the
i n j u n c t i o n that the federal
government won, and challenged it
in court. Alcan appeared to be
headed for another loss when thenfisheries minister Tom Siddon cast
aside the evidence compiled by
D F O scientists and cobbled
together a settlement team chaired
by Dr. David Strangway, the
President of UBC, who knows about
as much about fish biology as I do
about rocket science.
T h e S t r a n g w a y team
excluded the DFO scientists who
had studied the project most closely,
but it did include two Alcan
biologists. Moreover, Tom Siddon
was somehow convinced that the
Strangway settlement team ought
not to consider the sockeye, but
only the chinook! Even thought
the Dfo scientists excluded from the
process were adamant that the
sockeye would be at horrible risk if
Alcan were to get its way on water
flows into the Nechako, the
settlement team was instructed not
to trouble itself about them.
T h e l o w e r i n g o f the
Nechako might reduce the level of
the Fraser by as much as five feet at
H e l l ' s Gate. "Not our
problem," says A l c a n . ' ' N o t
A l c a n ' s p r o b l e m , " says the
Strangway settlement team. "Very
much Alcan's problem," says the
DFO scientists who studied the
situation.
I put the matter this way to one
of these scientists, whose anonymity
I must respect for now.
"Are you saying," I asked,
"that if K C P goes through, it is only
a matter of time before sockeye
and pinks runs meet dangerously low
levels of water - that it's a crapshoot,
that sooner or later you crap out?"
The answer was categorical: it
is only a matter of time before the
famous Adams River sockeye run,
plus the large pink runs in the Fraser,
are virtually wiped out because of
low water that would not have
occurred had Alcan not been
permitted to so dramatically cut down
the Nechako flows.
What does all this mean?
W e l l , first o f a l l , the
arrangement to set up the
Strangway settlement exercise smells
to high heaven of politics, Brian
Mulroney-style, wherein his free
trade-supporting friends at Alcan
were given a large part of B.C's
heritage without mush regard for the
consequences.
It means that Alcan vicepresident B i l l R i c h and his
employers have pulled off a
stunning trick in convincing the
politicians that the Nechako
sockeye are not at risk, despite the
evidence that they will be wiped out.
It all means something else,
too. The "damners" will get their
way. When the fish runs have been
destroyed, as surely they will, a dam
will be built on the Fraser River,
there no longer being any reason not
to build one. Those are the stakes
British Columbians are playing for those are the reasons British
Columbians ought to rise as one to
bring this outrageous business to an
end.
J U L Y 1994
GEORGE MANUEL INSTITUTE
WORKSHOPS
ECONOMIC
DEVELOPMENT
July 20, 21, 22, 1994
This three day workshop is designed specifically
for Band Economic Development Officers.
Workshop Fee: $150.00 per participant.
INDIAN
GOVERNMENT
July 27, 28, 29, 1994
The George Manuel Indian Government Workshop will be
conducted by Skowkale Chief Steven Point. The workshop
es designed foe Chiefs, Band Councillors, Band Managers
and Band Managerial Staff. $150.00 per participant.
To register for any of these workshops or for more information contact Millie Poplar at our Vancouver Office @ (604)
684-0231. Please send your check or Money Order to our Vancouver Office @ 3rd Floor - 342 Water Street, Vancouve
B. C. V6B 1B6 payable to George Manuel Institute. Participants are responsible for their own travel & accommodation
expenses.
July5, 1994
U.B.C.I.C. Office:
In a meeting with Forestry, they had asked us to circle all
our Areas of Interest (AOI) on a map. After that was to be done,
they said they would not spray Pesticides/Herbicides in or around
our berry picking, mushroom picking, and edible and medicinal herb
picking areas.
They would try to work and/or log around the sacred,
ceremonial and pictograph sites so as not to disturb them.
In the hunting and fishing part of it, each person or family
has their own hunting ground and fishing area. There have been
reports of deformation and growths found on both fish and some
animals (mostly on deer).
Our elders are saying, " W e don't want them spraying any of
that stuff around here."
ANNUAL GENERAL
ASSEMBLY
ANNOUNCEMENT
At the Chiefs Council meeting in Lytton on June
14th, it was decided the 26th Annual General
Assembly of the Union of B.C. Indian Chiefs will be
held from October 20, 21, 22, 1994 in the city of
Vancouver. This year the Indian Homemakers
Association of B.C. will be celebrating their 25th
Anniversary.
The Homemakers and the Union will be hosting
a feast and gathering on October 22nd in the evening.
Indian Bands will be informed as plans develop.
There is great concern by our people on Herbicide/Pesticide
spraying that has been done and those that are being planned. How
can it be stopped?
What we had done was ask Diane Reid A F A - M O F to get in
contact with Forestry, B C Hydro, B C Rail, Highways Department,
Agriculture, and Fisheries and ask those that do the Pesticide/
Herbicide spraying to bring us their map showing where they had
sprayed and the date it was done. Also, to ask where they plan to
spray.
We are asking to see the whole picture, not just the small
picture the Forestry is showing us.
The date for the meeting will be in the fall sometime. We
will contact you when the date has been confirmed.
Sincerely,
Morgan Wells
Mount Currie Band Councillor
J U L Y 1994
5
UBCIC - B.C. Cabinet
Joint Policy Council
On June 11, 1993, UBCIC
and the Provincial Government
established a "government-togovernment" relationship and a
Joint Policy Council to address
broad policy issues of mutual
concern. The JPC consists of the
UBCIC Chiefs Council and the
B.C. Cabinet. At present, there are
technical working committees
addressing seven agenda items.
The second meeting of the
JPC was held on March 4, 1994.
The achievement of interim
agreements with the Province on
Indian education and project
funding for the George Manuel
Institute of Indian Government
was noted by the Chiefs Council
and the Ministers. Chief Saul Terry
and Bob Manuel presented
Premier Mike Harcourt with a
copy of the biography of George
Manuel, "From Brotherhood to
Nationhood."
The JPC reviewed the
working committee paper on
Order-in-Council 1036 and
discussed ongoing differences in
position between UBCIC and the
Province. (See the February issue
of the UBCIC Newsletter for
UBCIC's position on OIC 1036.)
It was agreed that because of the
impasse, the Premier's office
would play a direct role in a
further round of discussions on
OIC 1036. The JPC reviewed the
progress made by the working
committees over the previous eight
months and added a seventh item
to the JPC agenda: First Nation
Policing and Justice.
6
The following is a brief
update on the work done since
March on the seven JPC agenda
items.
Order-in-Council 1036: The
Premier's office facilitated one
further meeting on OIC 1036;
another is scheduled shortly.
UBCIC anticipates receiving
recommendations on this issue by
mid-July.
Fundamental principles of
treaty-making: A discussion paper
on " c e r t a i n t y " w i t h o u t
extinguishment and the role of the
Province in bilateral nation-tonation treaty-making will be
completed by early August. The
purpose of this work is to set the
stage for an "inclusive" nation-tonation alternative to the tripartite
B.C. Treaty Commission process.
Indian education:
Negotiations with the Province
will resume in July on a five-year
framework agreement for the
purchase of education services by
First Nations from school districts.
(Negotiations with DIAND on a
five-year funding agreement for
Indian education began in April
and are ongoing.) Any agreements
will be within the scope of First
Nations' inherent right of selfdetermination.
George Manuel Institute:
Technical work and negotiations
have been proceeding toward a
formal submission in September
for accreditation and funding. (See
detailed GMI update in this issue
of the UBCIC Newsletter.)
Child welfare & family
services: Two meetings with
Ministry of Social Services have
been held. A meeting of First
Nation child and family support
workers was held at Lytton on
April 15. Further to that meeting, a
U B C I C Child Welfare Committee
has been established to provide
ongoing direction and support to
UBCIC in the negotiations with
the Province.
First Nation Heritage
Protection: Intensive work was
carried out with the Ministry of
Tourism & Culture on the
proposed Heritage Conservation
Amendment Act. An agreement in
principle was arrived at in January
on several key provisions of the
bill. Regrettably, senior ministry
officials reneged on this agreement
and the bill was passed by the
legislature without the provisions
required by UBCIC (including
exempting First Nations from
having to get permits from the
Province for their heritage).
UBCIC does not support this
legislation and a letter to the
Minister and the Premier is in
preparation.
First Nation Policing &
Justice: Preliminary discussions
have been held with the Deputy
Attorney General. Working
committee meetings w i l l
commence in late summer.
FOR
FURTHER
INFORMATION, CONTACT:
D A N G O T T E S M A N @ UBCIC'S
V A N C O U V E R OFFICE (684-0231).
J U L Y 1994
RESOURCE CENTRE
"Running a Small Library'' Workshop
New Books
Ten enthusiastic people came together June 15 17th for the second "Running a Small Library"
Workshop facilitated by the UBCIC Librarian for the
George Manuel Institute. We covered everything from
mission statements and collection development policies
to cataloguing and classification. The workshop received
very favorable evaluations from the participants and it
is hoped we can offer another workshop later in the
year.
If anyone is interested in being notified about the
next workshop or would like more information, please
contact Wendy Ancell, U B C I C Librarian, at 684-0231
or F A X 684-5726.
A couple of new acquisitions are particularly
worth noting.
Public Library Sendees to Reserve Residents
In 1993, the B . C . government called for
submissions and recommendations for changes to the
very antiquated provincial Public Library Act. Among
other matters, the Library Act deals with who has the
right to access public library services in the province.
Members of the B.C. Library Association First Nations
Interest Group submitted a strong recommendation,
backed by B C L A , to include the needs of B.C. First
Nations in the revised legislation. As a result, Bill 12 Library Act, which is currently before the Legislative
Assembly, includes the following in Section 50: (1)
The minister may provide library service to individuals
and communities that, in the minister's opinion, are
unable to obtain public library service.
(2) For the purpose of subsection (1), the
minister may enter into an agreement with a library
board, including an agreement under which a library
board extends free library service to residents of a
reserve as defined in the Indian Act (Canada).
I will keep those interested advised of the bill's
progress through this newsletter column. If anyone
would like to send letters of support for this change in
the Library Act, send them to the Honorable Darlene
Marzari, Minister of Municipal Affairs.
J U L Y 1994
There is a new book which serves as a guide to
organizations, agencies, institutions, programs,
publications, services and other resources concerned
with indigenous peoples of the United States and Canada.
It is called the Native American Information Directory.
This extensive directory is available for $84.82 U.S.,
from Gale Research/Distribution Centre/7625 Empire
Drive/Florence, Kentucky 41042. You can call 1-800877-GALE.
Another new publication worth mention is the 3volume British Columbia Directory of Records (1994).
This directory is published to assist the public to access
records of personal information held by the government.
It is available for $54.00+GST if applicable, from Crown
Publications/546 Yates Street/Victoria, B.C. V8W1K8.
You can call 386-4636 or F A X
386-0221.
Preservation/Conservation
In keeping with the need to preserve many of the
old and/or unique materials in our library collection, an
archivist from the Archives Association of B.C. will be
coming in the fall to make specific recommendations for
methods of preserving and recording important materials
in our collection.
The Archives Association of B. C. offers courses all
over the province during the year. These courses are
short in duration and very inexpensive. If you are
interested in a schedule of courses or need assistance with
archival collections, they can be reached at P.O. Box
78530/University Post Office/Vancouver, B.C. V6T
1Z4.
Until the next newsletter, I hope everyone has
an enjoyable summer. If you need information, we
will be here.
Wendy Ancell
UBCIC Librarian
7
George Manuel Institute of Indian Government
So far, the past year has been busy year for the George M a n u e l Institute. Although it is a training
center, it also supports various community initiatives. The Inter-Campus Native Students network met
throughout the year to deal with the Post Secondary Education issue. A province-wide Environmental
Contaminants Workshop was held in December, 1993. A book launch to announce the release of "Brotherhood
to Nationhood" a biography of George Manuel, was held in February, 1994.
More recently, the Cheslatta Caravan held a public forum at the Institute to expose the Kemano II issue in
support of the people of Cheslatta. Chiefs Council also uses the Institute for its meetings, or when meeting with
govenment officials. The Institute is available to Bands and Tribal Councils to hold meetings on various issues
which affect them.
Four workshops have been held since January with two more scheduled before the end of July. Workshops
to date have covered community economic development, specific claims skills and library and archives
management. A further economic development workshop for Band Economic Development Officers is scheduled
for July 20th through July 22nd, and a workshop on Indian Government is scheduled for July 27th through July
29th. Another Specific Claims Skills Research workshop is planned for late Summer or early Fall. Regional and
community workshops are also being planned for the fall. All workshops are being held at the GMI facility at 73
Water Street in Vancouver.
Discussions on development of the GMI Post-Secondary Institution specializing in Indian Government have
focused on related issues of funding, recognition and accreditation — accreditation being key to both assured longterm funding and recognition of GMI courses by other poost-secondary educational insitutions. The projected
timetable for setting out the vision and basic elements of the GMI plan is early September. UBCIC anticipates
that the GMI will be functioning as an accredited post-secondary institution by the Spring of 1995. For additional
information on scheduled GMI workshops contact Millie Poplar at our Vancouver office.
C H I L D W E L F A R E L E G I S L A T I O N - B I L L 46
(CHILD, F A M I L Y A N D C O M M U N I T Y SERVICE A C T )
On June 11, 1993 the Union of BC Indian Chiefs
(UBCIC) entered into an Memorandum of Understanding
(MOU) with the BC Provincial Government to jointly
develop and establish broad policy initiatives in a number
of areas. One of the items on the agenda of the Joint Policy
Council is the issue of Indian Child Welfare.
The objective of the UBCIC in the area of Child
Welfare is to enter into a Government to Government
agreement which will ensure that:
1. protection and support services for First Nations
children and families are solely the responsibility of First
Nations acting within the scope of their inherent right of
self determination; and
2. provincial jurisdiction will be withdrawn from the
field of child welfare and family services as First Nations
assume jurisdiction and control in this area in the future.
At the first meeting convened to discuss this matter,
the issue of the Province's proposed legislation was raised.
The position stated by tire UBCIC was that they had no
intention of delaying the development of the legislation, but
that the proposed Bill must not purport to legislate child
8
welfare and family services pertaining to First Nations. At
no time has the UBCIC participated in or provided advice
in the Province's development of the proposed general
legislation.
Although there is clearly some improvement in the
new Child, Family and Community Service Act, it does not
come close to meeting the objectives as stated above. The
UBCIC is looking for an agreement which will formalize
provincial government recognition of the inherent right of
First Nations to care for First Nations families and
children. This act only goes so far as to allow the
Minister to enter into agreement with First Nations to
administer the terms of the Act.
While, so far, the government remains reluctant to
accept that jurisdiction rests with First Nations, UBCIC is
determined that ongoing negotiations with the
Province will finally result in recognition of the
inherent authority of our Nations in the area of child
welfare and family services. For more information
contact Michelle Good at the UBCIC offices.
J U L Y 1994
SELF-DETERMINATION
FIRST NATIONS S O V E R E I G N T Y
CREATOR
ABORIGINAL TITLE AND RIGHTS
SOVEREIGN FIRST NATIONS
Distinct Peoples
(History, Language, Culture)
Distinct Territories
Distinct Organizations
(Political.Social.Economic)
INHERENT
OWNERSHIP
AND
JURISDICTION
INHERENT
RIGHT
OF SELF
DETERMINATION
FIRST NATIONS G O V E R N M E N T S
Constitutions
Inherent Authorities
Structures
Institutions
I N H E R E N T JURISDICTION A N D L A W - M A K I N G POWERS
R E S P E C T I N G FIRST N A T I O N PEOPLES A N D TERRITORIES
ENVIRONMENT
ECONOMY
RESOURCES
PEACEKEEPING
CITIZENSHIP
SELF-DEFENCE
or
SELF-TERMINATION
EXPLORATION & COLONIZATION
IN N O R T H A M E R I C A
SOVEREIGN CROWN
GREAT BRITAIN
TREATIES B E T W E E N G R E A T BRITAIN
A N D FIRST NATIONS
Military, Economic, Political Alliances
R O Y A L P R O C L A M A T I O N O F 1763
Doctrine of Consent; First Nation Sovereignty;
Treaty-Making Crown Policy
T R E A T Y - M A K I N G POWERS PASS F R O M BRITISH
C R O W N T O C R O W N IN R I G H T O F C A N A D A
CANADA
B . N . A . Act, 1867 Sec.91(24)"Indian and lands reserved
for Indians"
C O N S T I T U T I O N A C T , 1982
SECTION 35: Recognizes and affirms
"existing aboriginal
and treaty rights."
COLONIALISM
I N D I A N A C T 1876-PRESENT
DE-TRTBALIZATION, ASSIMILATION,
TERMINATION
D E P A R T M E N T OF INDIAN AFFAIRS
P R O G R A M S , SERVICE, M O N E Y C O N T R O L
NEO-COLONIALISM
EXTERNAL RELATIONS
INHERENT
T R E A T Y - M A K I N G POWERS
NATION-TO-NATION TREATY
AGREEMENTS AND PROTOCOLS
BAND
COUNCILS:
1884-Prcsent
TRIBAL
COUNCILS:
1980-Present
Extinguishment land claims policy:
"Comprehensive Claims Agreements",
"Modern Treaty-Making"
INTER-TRIBAL T R E A T I E S A N D PROTOCOLS
FIRST N A T I O N C R O W N TREATIES
"Fundamental Charters"
SELF
DETERMINATION
Indian Act amendments-Devolution.
Legislated "community self-government"
Alternative Legislation:
"Chartered Land Act", "Monies Act" etc.
Tri-partite agreements"
B.C. Treaty Commission
S E L F - A D M I N I S T R A T I O N OF P O V E R T Y
SELF
TERMINATION
I R O Q U O I S T W O R O W W A M P U M - G U S W E N T H A (1613)
"The Grandfather of Treaties"
"We will not be like father and son, but like brothers. These two rows will symbolize canoes, travelling down the same river together. One
will be for the Original People, their laws, their customs and the other for the European people and their law's and customs. We will travel
the river together, but each in our own boat. And neither of us will try to steer the other's canoe".
Reading of the Two Row Wampum from Akwesasne Notes
UNION OF B.C. INDIAN CHIEFS
TEL:(604)684-0231
FAX:(604)684-5726
MARCH 1994
Aboriginal Athletes Get Hurdled
While the Olympic world is
still basking in the glow of the recent
Norway games, the bright torch of
hope for an American Indian Olympic
team still burns on, but its flame is
in danger of flickering out.
That's the view from a
group leading the movement to
have a federation of Indian nations
from Canada and the United States
compete as an independent country
in the 1996 Olympic Games in
Atlanta. The finish line for the
Olympic dream is now just yards
away, they say, but there's one hurdle
left and it's going be hard to clear.
It's the hurdle of money.
Although much progress has
been made in this three-year
movement, the lack of funding from
tribal governments, celebrities and
corporations is a frustrating
roadblock, says officials from
UNION, which stands for Unite Now
Indian Olympic Nation. This final
roadblock is tragically ironic, UNION
officials claim, since they feel they
have a clearcut case supporting an
Indian team in Atlanta. Last
September, the International Olympic
Committee voted to accept Palestine
into the 1996 Games.
W h i l e Spencer finds it
interesting that Palestine was given a
free pass yet UNION has been made
to jump through hoops, the most
glaring contradiction has come in
comments from IOC Director
General Francois Carrard. In the past,
Carrard has downplayed the chances
of an Indian team, but he helped race
through Palestine's acceptance, and
in a September 19 article in the
Atlanta Constitution Carrard was
quoted with the following statement:
'' There is a time for peace, there is a
time for making progress, there is a
time for the youth, and there's a time
for the Olympic movement to open
its arms and its doors to help the
young Palestine athletes to practice
their sports,'' Carrard told the paper.
"Those words state the case
for Indian athletes better than any
document or treaty," said Spencer.
" H o w can IOC reach out and
open its door to Palestine, and then
pull away and slam the door on Indian
youth?"
But while Spencer says time is
at hand for the IOC bid, he also
fears that time is running out.
U N I O N has been in a lull for the past
six months due to lack of funding to
pay for transportation of coaches
and other prominent Indian
officials to attend conferences.
Spencer says what really
troubles him is the lack of financial
help from corporations that should
help out but don't.
In the end, Spencer hopes that
average Indian people will carry the
torch. He points out that the Haskell
Institute's college football stadium
was built in 1920s, solely through
donations from Indian people.
'' The average, common people
will save this movement," says
Spencer. "But if we could just get
some seed money this thing would
really blossom. It will be a tragedy to
see this dream snuffed out because
we lack the almighty dollar bill."
U N I O N hopes apply to the
IOC for acceptance after its July
meeting. U N I O N is still seeking help
from people who would like to lead
federations in volleyball, judo, and
kayaking. If you would like further
information on UNION, or would
like top donate to the Olympic effort,
please call: 617-499-7796; or write
to UNION: Box 682, Bedford Mass.,
USA, 01730.
Effective May 1994
The Union Of B.C. Indian Chiefs has relocated to:
3rd Floor - 342 Water Street
Vancouver, B.C.
V6B 1B6
Our Phone and Fax number remain the same.
Phone: (604) 684-0231 Fax : (604) 684-5726
10
J U L Y 1994
LETTER TO KAHTOU
June 9, 1994
Dear Sir:
Regarding your response to the
letter from Harold (Harry) Williams
("What is the mandate?") in your June
15, 1994 issue, I wish to advise you and
your readers that on March 3, 1994 the
UBCIC Chiefs Council adopted by consensus the following resolution on the
"off-reserve" question.
The Union of B.C. Indian Chiefs
hereby resolves and declares:
The citizens of First Nations are under
the jurisdiction of their respective First
Nations, regardless of where they may
reside;
The traditional and elected leaders of
our nations have the responsibility and
obligation to protect, defend and
represent their citizens, regardless of
where they may reside; such responsibilities are not transferable to any other
government or organization;
Resourcing to support and implement
our nations' inherent right of self-determination should flow directly to our
respective nations.
Your response to the letter states
that "for some reason or other, the individual band chiefs ignore the members
that reside off reserve." There is no
mystery about how the "off reserve"
question came about. It is a direct result
of Department of Indian Affairs funding
policies and off-loading strategies. Most
chiefs and councils are prevented from
meeting the needs of their off-reserve."
members because of rules, restrictions
and underfunding imposed by the federal government.
It is not right to blame the chiefs
for this situation or to say they "ignore"
their members living "off reserve." It is
the federal government that has been
shirking its fiduciary obligations, financial and otherwise, for Indians living
"off reserve." Let's get it right, Kahtou:
our respective peoples, whether they
live "on" or "off reserve," continue to be
victimized by DIAND's termination and
divide-and rule strategies - not by each
other.
The UBCIC believes that the time
is long overdue for our respective Nations to assert their sovereign jurisdiction and affirm their responsibilities and
obligations toward all of their citizens,
regardless of where they reside.
Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry
President
Letter to the President
Hi Saul,
How are you? Fighting sure! Here I continue working in my Bar and every
summer I travel a little, always among native people.
You were right when you called me Carlos "The Indian Basque" because
I feel like an Indian. Lately I travelled to the South Pacific to visit some little
islands in Polinesia.
I have there some good friends too, and in the future I would like to go
to live there, because I don't like the white way of life. M y friend "Nandus" is
a basque language teacher and he likes to travel very much. He is like a
nomad Indian. Now he is travelling from Alaska to Tierra de Fuego in the end
of South America. I hope you can help them a little during a few days their
stay at Vancouver. Perhaps they can put their tent in the Millie garden. Many
times I thinks about you Lise, Millie Roselli, Alejandro, George M . and all the
nice people I knew there and I would like to see you again.
I wish the best for you and for all the First Nations in Canada. Good
Luck!
Carlos Sogerb
J U L Y 1994
11
Indian World ''The Choice is Ours"
Archives
BORDER
CROSSING
In May, 1981, a number of Indian persons were charged
with "failing to enter Canada at a port of entry and failing to
report to an Immigration Officer for examination", an offence
under the Immigration Act. All the persons charged had come
into Canada by way of what is commonly called in the area,
the "Indian Border". All the persons charged with the offence
are members of the Kootenay Nation and belong to either the
Tobacco Plains or St. M a r y " s Indian Bands. The "Indian
Border" is a route that leads from the United States, across the
49th parallel, onto the Tobacco Plains Indian Reserve, the people
have pleaded "not guilty" and the trial of the matter is to be held
on June 9, 1982, at Fernie, B.C.
The International Boundary was defined by the British and
American governments in the middle of the 19th century, this
boundary cut across the Kootenay traditional territory and
divided the Kootenay Nation. At the time the Boundary was
defined the Indian Nations were assured that their right to pass
and repass the Boundary would not be impeded. In addition to
dividing families, the Boundary interfered with the Kootenay
traditional way of traversing their territory during hunting and
fishing seasons. When Indian Reserve Commissioner O'Reilly
arrived at Tobacco Plains Indian Reserve in 1884 for the purpose
of setting aside Indian Reserves, he had the following
conversation with Chief David:
O'Reilly: "We cannot talk about United States lands; it is
on the other side of the boundary."
David: "What is the meaning of this boundary line? It runs
through the middle of my house. M y home is on both sides. Why
should you, without asking me or considering me, divide my
property in two and also divide my children?"
The Kootenay Nation say that they have never surrendered
their right to traverse their traditional territory and that neither the
International Boundary nor the Immigration Act can interfere
with their right to enter their land.
The member Bands within the Kootenay traditional territory
(on both sides of the Boundary) continue to this day to maintain
their tribal and cultural ties through a variety of joint activities.
Clo Ostrove
Excerpts From INDIAN WORLD
July, 1982
-Border Crossing
-This Land
12
THIS L A N D
Tall and silent and straight I stand.
I've watched them take away my land.
Friendship and peace I wanted to give.
And all I requested - The right to live,
to hunt, to roam, as I did before.
But they took that too, and much, much
more.
They put me on a reservation
and labeled me "a minority nation".
They stripped me of my pride, my shame.
They called me savage and other such
names.
For years they pretended I didn't exist.
But now that I stand and try to resist.
They call me militant, angry, and cruel.
They say I break the golden rule.
It was they who stole my life, my land.
So now the time has come to stand.
To let them know how I feel.
To tell them I want a better deal.
Friendship and peace is still the aim.
But now it's a brand new game.
I'll no longer sit back taking welfare
and boozing.
I'll know what's at stake and what I'll
be losing.
I still stand tall - not so silent, but
straight.
And the time has come, I'll no longer
wait.
I want my lands, my rights made clear.
I want it now and not next year.
Simon Danes
J U L Y 1994
An excerpt from INDIAN WORLD, July 1980
Ernie
Hizemsque
at
Skeena
Crossing
As fishing moved into full season this year, the mind of Ernie Hizemsque, an elder
from Skeena Crossing in the Gitskan-Carrier country, turned to the past. He talked about
how wealthy his people were—wealthy in food and culture.
"In our grandfathers' days they used to do a lot of things different when they went
fishing. They never used nets, they put stakes in where the waterfalls are, and that's how
they caught salmon. The stakes sometimes went right across the river. After the fish got
into it, they couldn't get out. Sometimes it would take the whole day to take the fish from
the traps.
The people would get the salmon eggs and dig a hole in the ground. Then they
would put birch bark around it, inside it, and put all the eggs there. There would be
enough for all winter. When they needed it, they would take a little bit and mix it with
sea-weed. That was good.
And they used to get the grease from sockeye. They put the sockeye in a big pail
and boiled it. It makes the grease come out of it. After the grease made a film on the top
of the water, they took it out with a spoon. They would have grease and cooked dried
herring eggs, and they would serve it around to the people.
After they did things like catching salmon and drying salmon and they had enough
for winter use, they went out to pick berries: salmon berries, soap berries, all kinds, and
then they would go to the mountain to get mountain goat.
They used to be more restrictive, they cleaned the salmon, they didn't let the
children play with it, not any part of it. The kids couldn't go near the river, it wasn't safe.
We were more restrictive at that time.
What we do now is start on the spring salmon, but when the river goes down lower
we have to move to another spot and work on the sockeye, but we only catch what we
need for winters. It's quite a bit different now than before. It was a lot better before
because in the old days we got together to work more, together."
J U L Y 1994
13
HIV and AIDS in the
Native Community
T h e f a c t s are m o r e t h a n documented:
They are a very grim reality. The human immuno
deficiency virus ( H I V ) and acquired immune
deficiency syndrome ( A I D S ) is spreading in the
Native community at a rate that, for the population,
exceeds the spread of the virus and the disease in
the non-Native community. Dr. Jay Wortman of
Health Canada has issued the warning that the
"explosion" is with us today.
Causes for the virus, which allegedly leads to
the disease, are many: living conditions, lifestyles,
nutrition, poverty, lack of adequate medical services.
The D o w n t o w n E a s t s i d e of V a n c o u v e r
is t h e p o o r e s t u r b a n neighbourhood in
Canada. It has a very significant Native population
living in the worst of conditions. H I V is contracted
specifically through unprotected, unsafe sexual
practices; the use of shared needles; and from an
HIV-positive pregnant mother to her unborn child.
HIV cannot be contracted through touching, kissing,
toilet seats, door k n o b s , and sharing f o o d
utensils.
To that end, then, Vancouver N a t i v e
H e a l t h S o c i e t y h a s e s t a b l i s h e d an
H I V + / A I D S H o m e Outreach Program. With St.
Paul's Hospital, we also operate a Native AIDS
Coordination Program. The Outreach Program
makes home visits, offers counselling, operates a food
bank, administers a housing subsidy program, takes
people to doctors and hospitals, helps with shopping,
and generally for any assistance that is needed. The
separate Native AIDS Coordinator Program links
the community and healthcare systems. As a client's
illness progresses, the coordinator is able to draw
on culturally significant practices to ensure early
intervention and continuity of care. It also works
closely with the Vancouver Needle Exchange. 40% of
the clients at the Exchange are Native. The program's
g o a l s are to p r o m o t e p o s i t i v e h e a l t h
practices, facilitate linkages between
c l i e n t s and community, culturally sensitize health
care workers to Native issues, and educate the
Aboriginal population about AIDS. The program
assisted 72 clients and their families in 1993. The
program averages 6 new referrals monthly.
The purpose of both programs is education and
prevention.
V N H S is part of the B.C. AIDS Coalition and
was instrumental, with a few other groups, in getting
the B.C. AIDS Secretariat set up.
Funding is always a difficulty, despite the fact
that H I V / A I D S is r a p i d l y spreading. The
monetary c a l c u l a t i o n s have been made:
Prevention and education can cost an average of $100
a month per person whereas hospitalization can cost
as much as $73,000 per person a year.
For more information on the society's AIDS
Programs, as well as other health related services, call
VNHS at 254-9949 or write to 449 East Hastings
Street, Vancouver, B.C. 6 V A 1P5.
International News Update
On June 17, 1994 Ms. Penelope Muecke of West Perth, Western Australia visited the Union of B.C. Indian
Chiefs office in Vancouver. She was in search of an Indian organization which is involved in Land Claims. She
wanted to compare notes on many issues and get some information to assist her in the work she is doing at
home. There are similarities between the Aborigines of Australia and the Indian Nations in Canada whereby both
Federal governments continue to implement their goals and processes to extinguish Aboriginal rights. While
Canada has the Supreme Court Decision in Sparrow in favour of the Aboriginal Peoples, Australia has the Mabo
Decision in which their High Court through out the "terra nullius" theory and rules that the Aborigines owned
Australia before Europeans arrived; and that some tribes still have "native title" over some parts of the Outback
not settled by whites. Just as the Canadian Government is trying to diminish the meaning of the Mabo Decision.
Other areas where the Aborigines and Indian Nations share a common interest is the International Labour
Organization and the United Nations Commission on Human Rights Working Group on Indigenous Populations.
Of interest os the fact that lawyers or consultants who helped Indian Bands settle their land claims through selfgovernment agreements in Canada are travelling to Australia extolling this process.
14
J U L Y 1994
L E G A L UPDATE
Taxation By-Law Wins
St. Mary's Indian Band V. The City Of Cranbrook
This case concerned the authority of the Band's taxation by-law, passed under s.83 of the Indian Act, to
levy taxes against the municipal airport occupied by the City of Cranbrook. The case turned on the
court's interpretation of the surrender documents. In particular, the documents stated that this was a
surrender for sale and included a condition that if the lands ceased to be used for public purposes they would
revert to the Band. The Band on the other hand argued that because of the condition that the lands might revert
back to the Band, this was not an absolute surrender but instead was a conditional surrender and therefore the
Band had a continuing interest in the lands. The judge agreed with the Band and said that the lands were within
the d e f i n i t i o n o f " d e s i g n a t e d l a n d s " . The B a n d ' s t a x a t i o n b y - l a w applies to lands in
the reserve, including designated lands. Accordingly, the City of Cranbrook was liable to pay taxes to the
Band.
The City of Cranbrook has filed an appeal of this ruling in the B.C. Court of Appeal. If you have any
questions or require and other information, please contact Clo Ostrove at Mandell Pinder or Halie Bruce at the
Union of B.C. Indian Chiefs, Vancouver office.
Section 28 Permits And The Opetchesaht Case
On March 21, 1994, the B.C. Court of Appeal allowed the appeal taken by B.C. Hydro and the federal
Crown in the Opetchesaht case. The issue before the Court was the validity of a permit issued by the minister
under authority of Section 28(2) "for such period of time as the [said] right-of-way is required for the purpose of
an electric power transmission line". Earlier, Mr. Justice Lander found that Section 28(2) should be interpreted
as meaning a defined period of time. A permit for as long as required for transmission line purposes was not
authorized by Section 28(2) and thus was invalid. The Court of Appeal reversed and found that there is nothing
in the wording of Section 28(2), read alone or together with other provisions of the Indian Act, that requires a
restrictive interpretation that the grant by permit be to a date certain. The Court of Appeal found no reason why
the permit could not be for a period the termination date of which cannot then be known but would become
known later. In this instance, the termination date would be when the right-of-way land is no longer required for
transmission purposes. We understand that the bands will be applying to the Supreme Court of Canada for leave
to appeal this decision.
The result of the Court's decision is that bands can no longer assert that a permit allowing the use of
reserve land is invalid solely because the permit does not state a specific time (ex. "Jan. 1, 2001") when the
permit will end. The validity of any given permit must now to be challenged on other grounds. For example,
evidence (if available) that (a) the consent of band council was not informed consent; (b) the permit does not
include the terms set out in band council's consent (BCR); (c) D I A or the permittee failed to satisfy
the conditions set out in the BCR.
Delgamuukw
The Hereditary Chiefs of the Gitksan & Wet'suwet'en Peoples have signed an Accord with the Province in
which the parties agreed to adjourn the Delgamuukw land claims case for 1 year. Over the next year the Chiefs
and the Province will work, under the auspices of the Treaty Commission, towards a negotiated settlement of the
issues raised in the case. If the negotiations are successful, the court case will not proceed; if the negotiations are
not successful, the Supreme Court of Canada can then hear the case.
J U L Y 1994
15
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16
J U L Y 1994
Union of B.C. Indian Chiefs
NEWSLETTER
JULY 1994
The Post Secondary Education
Battle Continues
With the implementation of BC
Region’s per capita based Post
Secondary Funding Formula, 80 First
Nations in BC have seen their Post
Secondary budget reduced by a total
of $4.5 Million Dollars.
Regional Director General John
Watson will be quick to tell you that
INSIDE THIS ISSUE...
2 Education
3. Presidents Message
4, Kemano Completion Project
by Rafe Mair
2. Annual General Assembly
Announcement
6, Joint Policy Council
7, Resource Center
8, George Manuel Institute of
Indian Government
9, Self-Determination or
Self-Termination Poster
10. Sport News
Il. Letter to Kahtou
Re: Off Reserve Question
12. Indian World Archives
14+. Aids Awareness
- International News
15. Legal Update
- Mandell/Pinder
in spite of this, the overall Post
Secondary Education Budget has
increased in BC by 2.7%. J am sure
that this is little comfort for the First
Nations who experienced reductions in
their budgets of 600,000 or 250,000
or 50,000.
We agree, that there must be
some formula or process for
disbursing Post Secondary Education
dollars. What we don’t understand is
what relationship exists between
population levels and education
funding needs.
Under the current formula,
funds are disbursed at the rate of $370
per Band Member. According to Mr
Watson, this is a more equitable way
of allocating the funds. But we ask
you; is it not possible for a small
Band to have a large number of
students and a large band to have a
small number of students?
In correspondence to the Union,
Mr Watson has indicated that the
existing formula was developed as
policy for the implementation of the
Conservative Governments policy on
capping the PSE budgets. So, now
that the Liberals are forming the
government, why is INAC continuing
to implement Tory policy? According
to Liberal Campaign promises, both
spoken and in the ‘‘Red Book’’, the
cap on Post Secondary Funding was
to be lifted. According to Ron Irwin,
Minister of Indian Affairs, the
government does have a fiduciary
responsibility in the area of Education
and ‘‘no studént will be turned
away’. This comment was made at
the May 19th meeting with the
Minister which was attended by our
President, Chief Saul Terry and
representatives of our Chiefs
Council. However, not only has the
region failed to respond to the position
of the Government by attempting to
develop relevent and appropriate
policy, they have formally DENIED
that those statements were ever made
by the Minister.
So, who’s the Boss? The elected
Minister or his Bureaucrats?
The Union will continue to seek
a negotiated settlement to this issue.
However, the days are slipping by and
fall registration for students who are
being denied funding approaches.
With this in mind, the committee of
Education Coordinators and our
Chiefs Council believe that other
measures must be taken to ensure a
solution to this matter.
Do you want your voice to be
heard? For more information on
action plans, contact Michelle Good at
the UBCIC office @ 684-0231.
L
JULY 1994
ATTY » ~~ ra “Yr
UNION OF B.C. IND
TA , yee
IAN CH!
Education Negotiations
Forge Ahead
As many of you know, the UBCIC has entered
into agreements with the Federal and Provincial
Governments to negotiate Education Framework
Agreements which would define the manner in which
funds are transferred for the education of First Nations
students. These negotiations are taking place ona
‘*bilateral/bilateral’’ basis. What this means is that
two separate negotiations tables have been
established; one with the Province and one
with Canada.
Since March the Union has focused on the
Federal Negotiations. At the current time a draft
Framework Agreement has been completed and will be
tabled with Canada on July 7. This agreement was
developed by UBCIC staff in accordance with the
initial agreement and as per the direction of Chiefs
Council and our committee of Education
Coordinators. The purpose of the agreement, as
written in the draft agreement is as follows:
To provide a framework agreement for the
principles and process of the negotiations of
Education agreements with First nations and Canada.
To ensure First Nations control over the
resources necessary for the achievement of their
education goals as determined by First Nations.
To redefine the manner in which education
funding is allocated and transferred to First Nations.
In establishing those objectives, the agreement,
once agreed to by Canada, will act as the precursor for
major changes in how the education of our young
people ts handled.
Upon entering into a community education
agreement pursuant to the Framework Agreement,
education dollars will flow directly to the First Nation
as opposed to the Provincial Government and the local
school districts. This will give First Nations a much
higher degree of control as they will be in a position to
buy services from the local school districts. In turn,
the school districts be far more accountable for the
quality of education provided to our children.
Further, in the spirit of government to
government relations, we are proposing that education
funding be disbursed to Bands in a manner similar to
the transfer payments which are made to the provincial
government. Under the proposed agreement, one
block transfer, including all Band allocations for
education, will be made to First Nations.
As part of the agreement, we have proposed a
new formula for Post Secondary Education Funding.
Under the new formula, our right of education would
be respected in that funding will be based on need
rather than on predetermined per capita driven
formulas which have no relation to the actual
education needs in a community.
Perhaps most important, the proposed
agreement would see a shiff im jurisdiction and
authority for education. If successfully negotiated this
agreement would once again see First Nations people
in the drivers seat when it comes to decision making
regarding education.
We expect the negotiations to be difficult, but
we remain hopeful that our efforts will be successful.
For more information contact Michelle Good at
the UBCIC office.
PRESS RELEASE - MAY 19,1994
First Nations Post Secondary Funding Still On The Chopping Block
Chiefs Meeting With Indian Affairs Minister Today
Despite a commitment in the Liberal Party’s ‘‘Red Book’’, that the cap on post secondary funding would be
lifted, 4.5 million dollars has been slashed from some 80 BC First Nations post secondary education budgets for the
1994/95 school year.
For many First Nations this is the third year of such cutbacks. Many eligible First Nations students will be
denied the opportunity to attend their post secondary programs if the funding cuts stand.
Intent on protecting the right of these students to continue with their education this fall, Chief Saul
Terry, President of the Union of B.C. Indian Chiefs and the UBCIC Executive will meet with Minister Ron Irwin
today in Vancouver.
It is the aim of the Union to obtain a commitment from the minister that the election promises will be kept and
the post secondary funding cuts will be rescinded.
JULY 1994
MESSAGE
FROM THe
PRESIDENT:
OUR PEOPLES REJECT AN
"ABORIGINAL MELTING POT"
APPROACH TO SELF-GOVERNMENT
An excerpt from a statement delivered to the National Aboriginal Ministers & Leaders
Meeting held in Quebee City, May 17-18, 1994.
an ur Peoples reject an “Aboriginal Melting Pot" approach to self-
government. An Approach which would reduce the status of our
nations to the lowest common denominator and strip the words
‘‘inherent’’ and ‘‘sovereignty”’ of all true meaning.
We affirm that our Indian Nations have exclusive jurisdiction over and
responsibilities for our citizens regardless of where they may reside. When the
Federal Government participates in tripartite negotiations with provincial
governments and representatives of off-reserve Aboriginal people, it is a
blatant violation of the jurisdiction and responsibilities of our Indian
governments toward our citizens. Other organizations do not have a mandate from our Nations to deal with
issues on behalf of our citizens living away from home. Letus not forget that the existence today of large off-reserve
and urban Indian populations is a direct result of decades of federal government policies that have impoverished our
people on reserves and forced them
to live away from home. The policies
of detribalization, assimilation,
termination and off-loading continue.
Constitutionally, there is only
one government that our Indian
Nations are obliged to deal with on
the subject of our inherent rights: the
Government of Canada. We are
anxious to discuss the recognition of
our inherent rights, including our
right of self-determination and other
aspects of Indian Government - but
only ona bilateral nation-to-nation
basis with Canada. This basis must
include mutually accepted principles
for treaty interpretation, land claims
policies and full compliance by the
federal government with its trust
obligations.
Our Nations recognize,
however, that it 1s desirable to
establish effective bilateral
government-to-government
relationships with Provinces in
order to address policy issues of
mutual concern, including issues
related to the implementation of
inherent Indian Government powers.
Indeed, the Union of B.C. Indian
Chiefs and the Government of British
Columbia have pioneered the
development of this kind of
government-to-government
relationships in Canada. (It should
be noted that this was done explicitly
without derogating from the nation-
to-nation relationship with Canada
or Canada’s trust obligations.)
The Provinces have an
importantrole to play with our Indian
Nations in facilitating the
implementation of Indian
Government on the ground -- in
effect, to help build ‘‘exit doors’’ for
the provinces to vacate fields of
jurisdiction that properly belong
under Indian Government or federal
Jurisdiction.
Let us be very clearthat dealing
with the Provinces on Indian
Government implementation issues
is a second stage. First, the
Government of Canada and our
Indian Nations’ must arrive at an
acceptable basis for recognition of
our aboriginal and treaty rights.
In conclusion, our Indian
Nations exist today, as they have
since time immemorial, as sovereign
nations with inherent aboriginal and
treaty rights in our respective
traditional territories. Among these
rights is our Peoples’ inherent right
of self-determination, which is
recognized and affirmed in
international law.
Regardless of whether our
Nations have treaties or not, we have
never surrendered our rights, We
have never surrendered our
territories. We cannot do so and
we never will.
JULY 1994
=|
l
FEDS TOOK ALCAN’S BAIT AND SOON
by Rafe Mair
Reprinted from the Georgia Strait,
April 1-8, 1994
The public is being taken to
the cleaners over the Kemano
Completion Project. It is a classic
example of the old bait-and-switch
technique, the diversion-of-
attention ploy, and the culprit is
Alcan.
A quick review. In 1950, the
B.C. government gave away an
enormous tract of B.C. to Alcan so
the company could build an
aluminum plant at Kitimat and a
power station at Kemano. This
undertaking involved a dam, river
diversions and reversals, and a huge
reservoir, the Nechako River, a main
tributary of the Fraser, was dried up
for about three years.
In 1978, quite outside of- and,
in this lawyer’s view, contrary to -
the 1950 agreement, Alcan began to
supply power to B.C. Hydro and
embarked upon what 1s known as the
Kemano Completion Project (KCP).
At first, Alcan maintained that it
needed the power from this project
to open new plants. Now Alcan
admits that it has no plans to produce
an ounce of aluminum with this new
power.
For the project to pork, the
poor old Nechako, already
massively depleted, is to be
reduced to 15 per cent or less of its
original level.
The Federal Department of
Fisheries and Oceans (DFO) went to
court in 1981 to force Alcan to let
sufficient water go over the Kenny
Dam into the Nechako to protect the
chinook and sockeye stocks that use
theriver. (Theformer spawn init;the ~
latter pass through it on their way to
spawn in the Stuart system.) The
Chinook do not constitute a major
run, but the sockeye represent, by
some estimates, as much as one-
fifth ofthe huge Fraser River sockeye
runs. Alcan chafed under the
injunction that the federal
government won, and challenged it
in court. Alcan appeared to be
headed for another loss when then-
fisheries minister Tom Siddon cast
aside the evidence compiled by
DFO scientists and cobbled
together a settlement team chaired
by Dr. David Strangway, the
President of UBC, who knows about
as much about fish biology as I do
about rocket science.
The Strangway team
excluded the DFO scientists who
had studied the project most closely,
but it did include two Alcan
biologists. Moreover, Tom Siddon
was somehow convinced that the
Strangway settlement team ought
not to consider the sockeye, but
only the chinook! Even thought
the Dfo scientists excluded from the
process were adamant that the
sockeye would be at horrible risk if
Alcan were to get its way on water
flows into the Nechako, the
settlement team was instructed not
to trouble itself about them.
The lowering of the
Nechako might reduce the level of
the Fraser by as much as five feet at
Hell’s Gate. ‘‘Not our
problem,’ says Alcan. ‘‘Not
Alcan’s problem,’’ says the
Strangway settlement team. **Very
much Alcan’s problem,’’ says the
DFO scientists who studied the
situation.
I put the matter this way to one
of these scientists, whose anonymity
I must respect for now.
‘*Are you saying,’’ I asked,
‘that if KCP goes through, it is only
a matter of time before sockeye
and pinksruns meet dangerously low
levels of water - that it’s a crapshoot,
that sooner or later you crap out?”’
The answer was categorical: it
is only a matter of time before the
famous Adams River sockeye run,
plus the large pink runs 1n the Fraser,
are virtually wiped out because of
low water that would not have
occurred had Alcan not been
permitted to so dramatically cut down
the Nechako flows.
What does all this mean?
Well. first of all, the
arrangement to set up the
Strangway settlement exercisesmells
to high heaven of politics, Brian
Mulroney-style, wherein his free
trade-supporting friends at Alcan
were given a large part of B.C’s
heritage without mush regard for the
consequences.
It means that Alcan vice-
president Bill Rich and his
employers have pulled off a
stunning trick in convincing the
politicians that the Nechako
sockeye are not at risk, despite the
evidence that they will be wiped out.
It all means something else,
too. The ‘‘damners’’ will get their
way. When the fish runs have been
destroyed, as surely they will, a dam
will be built on the Fraser River,
there no longer being any reason not
to build one. Those are the stakes
British Columbians are playing for -
those are the reasons British
Columbians ought to rise as one to
bring this outrageous business to an
end.
|
4
|
JULY 1994
GEORGE MANUEL INSTITUTE
WORKSHOPS
ECONOMIC DEVELOPMENT
July 20, 21, 22, 1994
This three day workshop is designed specifically
for Band Economic Development Officers.
Workshop Fee: $150.00 per participant.
INDIAN GOVERNMENT
July 27, 28, 29, 1994
The George Manuel Indian Government Workshop will be
conducted by Skowkale Chief Steven Point. The workshop
es designed foe Chiefs, Band Councillors, Band Managers
and Band Managerial Staff. $150.00 per participant.
To register for any of these workshops or for more information contact Millie Poplar at our Vancouver Office @ (604)
684-0231. Please send your check or Money Order to our Vancouver Office @ 3rd Floor - 342 Water Street, Vancouver,
B. C. V6B 1B6 payable to George Manuel Institute. Participants are responsible for their own travel & accommodation
EXPEHSES.
July 5, 1994
U.B.C.LC. Office:
In a meeting with Forestry, they had asked us to circle all
our Areas of Interest (AQT) on a map. After that was to be done,
they said they would not spray Pesticides/Herbicides in or around
our berry picking, mushroom picking, and edible and medicinal herb
picking areas.
They would try to work and/or log around the sacred,
ceremonial and pictograph sites so as not to disturb them.
In the hunting and fishing part of it, each person or family
has their own hunting ground and fishing area. There have been
reports of deformation and growths found on both fish and some
animals (mostly on deer).
Our elders are saying, ‘‘We don’t want them spraying any of
that stuff around here.””
There is great concern by our people on Herbicide/Pesticide
spraying that has been done and those that are being planned. How
can it be stopped?
What we had done was ask Diane Reid AFA - MOF to get in
contact with Forestry, BC Hydro, BC Rail, Highways Department,
Agriculture, and Fisheries and ask those that do the Pesticide/
Herbicide spraying to bring us their map showing where they had
sprayed and the date it was done. Also, to ask where they plan to
spray.
We are asking to see the whole picture, not just the small
picture the Forestry is showing us.
The date for the meeting will be in the fall sometime. We
will contact you when the date has been confirmed.
Sincerely,
Morgan Wells
Mount Currie Band Councillor
ANNUAL GENERAL ASSEMBLY
ANNOUNCEMENT
At the Chiefs Council meeting in Lytton on June
14th, it was decided the 26th Annual General
Assembly of the Union of B.C. Indian Chiefs will be
held from October 20, 21, 22, 1994 in the city of
Vancouver. This year the Indian Homemakers
Association of B.C. will be celebrating their 25th
Anniversary.
The Homemakers and the Union will be hosting
a feast and gathering on October 22nd in the evening.
Indian Bands will be informed as plans develop.
JULY 1994
On June 11, 1993, UBCIC
and the Provincial Government
established a ‘‘government-to-
government’”’ relationship and a
Joint Policy Council to address
broad policy issues of mutual
concern. The JPC consists of the
UBCIC Chiefs Council and the
B.C. Cabinet. At present, there are
technical working committees
addressing seven agenda items.
The second meeting of the
JPC was held on March 4, 1994.
The achievement of interim
agreements with the Province on
Indian education and project
funding for the George Manuel
Institute of Indian Government
was noted by the Chiefs Council
and the Ministers. Chief Saul Terry
and Bob Manuel presented
Premier Mike Harcourt with a
copy of the biography of George
Manuel, ‘‘From Brotherhood to
Nationhood.”’
The JPC reviewed the
working committee paper on
Order-in-Council 1036 and
discussed ongoing differences in
position between UBCIC and the
Province. (See the February issue
of the UBCIC Newsletter for
UBCIC’s position on OIC 1036.)
It was agreed that because of the
impasse, the Premier’s office
would play a direct role ina
further round of discussions on
OIC 1036. The JPC reviewed the
' progress made by the working
committees over the previous eight
months and added a seventh item
to the JPC agenda: First Nation
Policing and Justice.
UBCIC - B.C. Cabinet
Joint Policy Council
The following is a brief
update on the work done since
March on the seven JPC agenda
items.
Order-in-Council 1036: The
Premier’s office facilitated one
further meeting on OIC 1036;
another is scheduled shortly.
UBCIC anticipates receiving
recommendations on this issue by
mid-July.
Fundamental principles of
treaty-making: A discussion paper
on ‘‘certainty’’ without
extinguishment and the role of the
Province in bilateral nation-to-
nation treaty-making will be
completed by early August. The
purpose of this work is to set the
stage for an ‘‘inclusive’’ nation-to-
nation alternative to the tripartite
B.C. Treaty Commission process.
Indian education:
Negotiations with the Province
will resume in July on a five-year
framework agreement for the
purchase of education services by
First Nations from school districts.
(Negotiations with DIAND on a
five-year funding agreement for
Indian education began in April
and are ongoing.) Any agreements
will be within the scope of First
Nations’ inherent right of self-
determination.
George Manuel Institute:
Technical work and negotiations
have been proceeding toward a
formal submission in September
for accreditation and funding. (See
detailed GMI update in this issue
of the UBCIC Newsletter.)
Child welfare & family
services: Two meetings with
Ministry of Social Services have
been held. A meeting of First
Nation child and family support
workers was held at Lytton on
April 15. Further to that meeting, a
UBCIC Child Welfare Committee
has been established to provide
ongoing direction and support to
UBCIC in the negotiations with
the Province. .
First Nation Heritage
Protection: Intensive work was
carried out with the Ministry of
Tourism & Culture on the
proposed Heritage Conservation
Amendment Act, An agreement in
principle was arrived at in January
on several key provisions of the
bill. Regrettably, senior ministry
officials reneged on this agreement
and the bill was passed by the
legislature without the provisions
required by UBCIC (including
exempting First Nations from
having to get permits from the
Province for their heritage).
UBCIC does not support this
legislation and a letter to the
Minister and the Premier is in
preparation.
First Nation Policing &
Justice: Preliminary discussions
have been held with the Deputy
Attorney General. Working
committee meetings will
commence in late summer.
FOR FURTHER
INFORMATION, CONTACT:
DAN GOTTESMAN @ UBCIC’S
VANCOUVER OFFICE (684-0231).
|
6
|
JULY 1994
RESOURCE CENTRE
“Running a Small Library’’ Workshop
Ten enthusiastic people came together June 15 -
17th for the second ‘‘Running a Small Library’’
Workshop facilitated by the UBCIC Librarian for the
George Manuel Institute. We covered everything from
mission statements and collection development policies
to cataloguing and classification. The workshop received
very favorable evaluations from the participants and it
is hoped we can offer another workshop later in the
year.
If anyone is interested in being notified about the
next workshop or would like more information, please
contact Wendy Ancell, UBCIC Librarian, at 684-0231
or FAX 684-5726.
Public Library Services to Reserve Residents
In 1993, the B.C. government called for
submissions and recommendations for changes to the
very antiquated provincial Public Library Act. Among
other matters, the Library Act deals with who has the
tight to access public library services in the province.
Members of the B.C. Library Association First Nations
Interest Group submitted a strong recommendation,
backed by BCLA, to include the needs of B.C. First
Nations in the revised legislation. As a result, Bill 12 -
Library Act, which is currently before the Legislative
Assembly, includes the following in Section 50: (1)
The minister may provide library service to individuals
and communities that, in the minister’s opinion, are
unable to obtain public library service.
(2) For the purpose of subsection (1), the
minister may enter into an agreement with a library
board, including an agreement under which a library
board extends free library service to residents of a
reserve as defined in the Indian Act (Canada).
I will keep those interested advised of the bill’s
progress through this newsletter column. If anyone
would like to send letters of support for this change in
the Library Act, send them to the Honorable Darlene
New Books
A couple of new acquisitions are particularly
worth noting.
There is a new book which serves as a guide to
organizations, agencies, institutions, programs,
publications, services and other resources concerned
with indigenous peoples of the United States and Canada.
It is called the Native American Information Directory.
This extensive directory is available for $84.82 U.S.,
from Gale Research/Distribution Centre/7625 Empire
Drive/Florence, Kentucky 41042. You can call 1-800-
877-GALE.
Another new publication worth mention is the 3-
volume British Columbia Directory of Records (1994).
This directory is published to assist the public to access
records of personal information held by the government.
Itis available for $54.00+ GST ifapplicable, from Crown
Publications/546 Yates Street/Victoria, B.C. V8W 1K8.
You can call 386-4636 or FAX
386-0221.
Preservation/Conservation
In keeping with the need to preserve many of the
old and/or unique materials in our library collection, an
archivist from the Archives Association of B.C. will be
coming in the fall to make specific recommendations for
methods of preserving and recording important materials
in our collection.
The Archives Association of B.C. offers courses ail
over the province during the year, These courses are
short in duration and very inexpensive. If you are
interested ina schedule of courses or need assistance with
archival collections, they can be reached at P.O. Box
78530/University Post Office/Vancouver, B.C. V6T
1Z4.
Until the next newsletter, I hope everyone has
an enjoyable summer, If you need information, we
will be here.
Marzari, Minister of Municipal Affairs. Wendy Ancell
UBCIC Librarian
JULY 1994 7
| J
George Manuel Institute of Indian Government
So far, the past year has been busy year for the George Manuel Institute. Although it 1s a training
center, it also supports various community initiatives. The Inter-Campus Native Students network met
throughout the year to deal with the Post Secondary Education issue. A province-wide Environmental
Contaminants Workshop was held in December, 1993. A book launch to announce the release of "Brotherhood
to Nationhood" a biography of George Manuel, was held in February, 1994.
More recently, the Cheslatta Caravan held a public forum at the Institute to expose the Kemano II issue in
support of the people of Cheslatta. Chiefs Council also uses the Institute for its meetings, or when meeting with
govenment officials. The Institute is available to Bands and Tribal Councils to hold meetings on various issues
which affect them.
Four workshops have been held since January with two more scheduled before the end of July. Workshops
to date have covered community economic development, specific claims skills and library and archives
management. A further economic development workshop for Band Economic Development Officers is scheduled
for July 20th through July 22nd, anda workshop on Indian Government is scheduled for July 27th through July
29th. Another Specific Claims Skills Research workshop is planned for late Summer or early Fall. Regional and
community workshops are also being planned for the fall. All workshops are being held at the GMI facility at 73
Water Street in Vancouver. .
Discussions on development of the GMI Post-Secondary Institution specializing in Indian Government have
focused on related issues of funding, recognition and accreditation -- accreditation being key to both assured long-
term funding and recognition of GMI courses by other poost-secondary educational insitutions. The projected
timetable for setting out the vision and basic elements of the GMI plan is early September. UBCIC anticipates
that the GMI will be functioning as an accredited post-secondary institution by the Spring of 1995. For additional
information on scheduled GMI workshops contact Millie Poplar at our Vancouver office.
CHILD WELFARE LEGISLATION - BILL 46
(CHILD, FAMILY AND COMMUNITY SERVICE ACT)
On June 11, 1993 the Union of BC Indian Chiefs
(UBCIC) entered into an Memorandum of Understanding
(MOU) with the BC Provincial Government to jointly
develop and establish broad policy initiatives in a number
of areas. One of the items on the agenda of the Joint Policy
Council is the issue of Indian Child Welfare.
The objective of the UBCIC in the area of Child
Welfare is to enter into a Government to Government
agreement which will ensure that:
1. protection and support services for First Nations
children and families are solely the responsibility of First
Nations acting within the scope of their inherent right of
self determination; and
2. provincial jurisdiction will be withdrawn from the
field of child welfare and family services as First Nations
assume jurisdiction and control in this area in the future.
At the first meeting convened to discuss this matter,
the issue of the Province’s proposed legislation was raised.
The position stated by the UBCIC was that they had no
intention of delaying the development of the legislation, but
that the proposed Bill must not purport to legislate child
welfare and family services pertaining to First Nations. At
no time has the UBCIC participated in or provided advice
in the Province’s development of the proposed general
legislation.
Although there is clearly some improvement in the
new Child, Family and Community Service Act, it does not
come close to meeting the objectives as stated above. The
UBCIC is looking for an agreement which will formalize
provincial government recognition of the inherent right of
First Nations to care for First Nations families and
children, This act only goes so far as to allow the
Minister to enter into agreement with First Nations to
administer the terms of the Act.
While, so far, the government remains reluctant to
accept that jurisdiction rests with First Nations, UBCIC is
determined that ongoing negotiations with the
Province will finally result in recognition of the
inherent authority of our Nations in the area of child
welfare and family services.For more information
contact Michelle Good at the UBCIC offices.
8
JULY 1994
SELF-DETERMINATION or SELF-TERMINATION
\a 48 EXPLORATION & COLONIZATION
FIRST NATIONS SOVEREIGNTY oe EK s IN NORTH AMERICA
—— qaostic:.! SOVEREIGN CROWN
el oe a
ABORIGINAL TITLE AND RIGHTS F GREAT BRITAIN
or
rT. TREATIES BETWEEN GREAT BRITAIN
SOVEREIGN FIRST NATIONS : ee aos
Distinet Peoples ret Military, Economic, Political Alliances
Eiforg, Langeagen naire a3 ROYAL PROCLAMATION OF 1763
vs ‘tori rE 3 , , :
—— Ee Doctrine of Consent; First Nation Sovereignty;
Distinct Organizations F F Treaty-Making Crown Policy
EAD aa, Bese) + TREATY-MAKING POWERS PASS FROM BRITISH
INHERENT INHERENT f CROWN TO CROWN IN RIGHT OF CANADA
RIGHT OWNERSHIP oa
OF SELF AND Part CANADA.
DETERMINATION JURISDICTION eet ee B.N.A. Act, 1867 Sec.91(24)"Indian and lands reserved
aS +o for Indians"
+4 a
FIRST NATIONS GOVERNMENTS : £ CONSTITUTION ACT. 1982
Constitutions r EEE - SECTION 35: Recognizes and affirms
Inherent Authorities cs Ere +t existing abo erat
Structures reat EF and treaty rights.
Institutions E - z SS
INHERENT JURISDICTION AND LAW-MAKING POWERS Te hE
RESPECTING FIRST NATION PEOPLES AND TERRITORIES INDIAN ACT 1876-PRESENT
DE-TRIBALIZATION, ASSIMILATION, TERMINATION
ENVIRONMENT
ECONOMY
RESOURCES
PEACEKEEPING
CITIZENSHIP
SELF-DEFENCE
DEPARTMENT OF INDIAN AFFAIRS
Tt
TTT try
Tit vs tt 1
ery -
, FevTcuUry eT armel eee
PROGRAMS, SERVICE, MONEY CONTROL
NEO-COLONIALISM
TUTTI Ty vit
Deni
EXTERNAL RELATIONS
BAND TRIBAL
COUNCILS: COUNCILS:
1884-Present 1980-Present
INHERENT
TREATY-MAKING POWERS
ITT es
Extinguishment land claims policy:
"Comprehensive Claims Agreements",
“Modern Treaty-Making"
THY ty71
Lg cs; .
* ccrrt
* + **% r *
+tity uae an
NATION-TO-NATION TREATY
AGREEMENTS AND PROTOCOLS
INTER-TRIBAL TREATIES AND PROTOCOLS
Indian Act amendments-Devolution.
Legislated "community self-government"
FIRST NATION CROWN TREATIES
+r oH PH val
THE
-Trtryt
Alternative Legislation:
"Fundamenta! Charters"
+ - "Chartered Land Act", "Monies Act" etc.
: Tri-partite agreements"
ap ee A B.C. Treaty Commission
SELF-ADMINISTRATION OF POVERTY
SELF SELF
DETERMINATION TERMINATION
IROQUOIS TWO ROW WAMPUM-GUSWENTHA (1613)
"The Grandfather of Treaties"
"Ie will not be like father and son, but like brothers. These two rows will symbolize canoes, travelling down the same river together. One
will be for the Original People, their laws, their customs and the other for the European people and their laws and customs. We will travel
the river together, but each in our own boat. And neither of us will try to steer the other's canoe".
Reading of the Two Row Wampum from Akwesasne Notes
UNION OF B.C. INDIAN CHIEFS TEL: (604) 684-0231 FAX:(604) 684-5726 MARCH 1994
Aboriginal Athletes Get Hurdled
While the Olympic world is
still basking in the glow of the recent
Norway games, the bright torch of
hope for an American Indian Olympic
team still burns on, but its flame is
in danger of flickering out.
That’s the view from a
group leading the movement to
have a federation of Indian nations
from Canada and the United States
compete as an independent country
in the 1996 Olympic Games in
Atlanta. The finish line for the
Olympic dream is now just yards
away, they say, but there’s one hurdle
left and it’s going be hard to clear.
It’s the hurdle of money.
Although much progress has
been made in this three-year
movement, the lack of funding from
tribal governments, celebrities and
corporations is a frustrating
roadblock, says officials from
UNION, which stands for Unite Now
Indian Olympic Nation. This final
roadblock is tragicallyironic, UNION
officials claim, since they feel they
have a clearcut case supporting an
Indian team in Atlanta. Last
September, the International Olympic
Committee voted to accept Palestine
into the 1996 Games.
While Spencer finds it
interesting that Palestine was givena
free pass yet UNION has been made
to jump through hoops, the most
glaring contradiction has come in
comments from IOC Director
General Francois Carrard. Inthe past,
Carrard has downplayed the chances
ofan Indian team, but he helped race
through Palestine’s acceptance, and
in a September 19 article in the
Atlanta Constitution Carrard was
quoted with the following statement:
‘‘There is a time for peace, there is a
time for making progress, there is a
time for the youth, and there’s a time
for the Olympic movement to open
its arms and its doors to help the
young Palestine athletes to practice
their sports,’’ Carrard told the paper.
‘*Those words state the case
for Indian athletes better than any
document or treaty,’’ said Spencer.
‘How can IOC reach out and
open its door to Palestine, and then
pull away and slam the door on Indian
youth?”’
But while Spencer says time is
at hand for the IOC bid, he also
fears that time is running out.
UNION has been ina lull for the past
six months due to lack of funding to
pay for transportation of coaches
and other prominent Indian
officials to attend conferences.
Spencer says what really
troubles him is the lack of financial
help from corporations that should
help out but don’t.
In the end, Spencer hopes that
average Indian people will carry the
torch, He points out that the Haskell
Institute’s college football stadium
was built in 1920s, solely through
donations from Indian people.
‘The average, common people
will save this movement,’’ says
Spencer. ““But if we could just get
some seed money this thing would
really blossom. It will be a tragedy to
see this dream snuffed out because
we lack the almighty dollar bill.’’
UNION hopes apply to the
IOC for acceptance after its July
meeting. UNION is still seeking help
from people who would like to lead
federations in volleyball, judo, and
kayaking. If you would like further
information on UNION, or would
like top donateto the Olympic effort,
please call: 617-499-7796; or write
to UNION: Box 682, Bedford Mass.,
USA, 01730.
Effective May 1994
The Union Of B.C. Indian Chiefs has relocated to:
3rd Floor - 342 Water Street
Vancouver, B.C.
V6B 1B6
Our Phone and Fax number remain the same.
Phone: (604) 684-0231 Fax : (604) 684-5726
JULY 1994
June 9, 1994
Dear Sir:
Regarding your response to the
letter from Harold (Harry) Williams
("What is the mandate?") in your June
15, 1994 issue, I wish to advise you and
your readers that on March 3, 1994 the
UBCIC Chiefs Council adopted by con-
sensus the following resolution on the
“off-reserve" question.
The Union of B.C. Indian Chiefs
hereby resolves and declares:
The citizens of First Nations are under
the jurisdiction of their respective First
Nations, regardless of where they may
reside;
The traditional and elected leaders of
our nations have the responsibility and
obligation to protect, defend and
represent their citizens, regardless of
where they may reside; such responsi-
bilities are not transferable to any other
government or organization;
LETTER TO KAHTOU
Resourcing to support and implement
our nations’ inherent nght of self-deter-
mination should flow directly to our
respective nations.
Your response to the letter states
that "for some reason or other, the indi-
vidual band chiefs ignore the members
that reside off reserve." There is no
mystery about how the "off reserve"
question came about. It is a direct result
of Department of Indian Affairs funding
policies and off-loading strategies. Most
chiefs and councils are prevented from
meeting the needs of their off-reserve."
members because of rules, restrictions
and underfunding imposed by the fed-
eral government.
It is not right to blame the chiefs
for this situation or to say they "ignore"
their members living "off reserve.” It is
the federal government that has been
shirking tts fiduciary obligations, finan-
cial and otherwise, for Indians living
"off reserve." Let's get it right, Kahtou:
our respective peoples, whether they
live "on" or "off reserve,” continue to be
victimized by DIAND's termination and
divide-and rule strategies - not by each
other.
The UBCIC believes that the time
is long overdue for our respective Na-
tions to assert their sovereign jJurisdic-
tion and affirm their responsibilities and
obligations toward all of their citizens,
regardless of where they reside.
Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry
President
Hi Saul,
Luck!
Carlos Sogerb
Letter to the President
How are you? Fighting sure! Here J continue working in my Bar and every
summer I travel a little, always among native people.
You were right when you called me Carlos "The Indian Basque" because
I feel like an Indian. Lately I travelled to the South Pacific to visit some little
islands in Polinesia.
| have there some good friends too, and in the future I would like to go
to live there, because I don't like the white way of life. My friend "Nandus" is
a basque language teacher and he likes to travel very much. He is likea
nomad Indian. Now he is travelling from Alaska to Tierra de Fuego in the end
of South America. I hope you can help them a little during a few days their
stay at Vancouver. Perhaps they can put their tent in the Millie garden. Many
times I thinks about you Lise, Millie Roselli, Alejandro, George M. and all the
nice people I knew there and I would like to see you again.
I wish the best for you and for all the First Nations in Canada. Good
JULY 1994
1]
Indian World "The Choice is Ours"
Archives
BORDER CROSSING
In May, 1981, a number of Indian persons were charged
with ‘‘failing to enter Canada at a port of entry and failing to
report to an Immigration Officer for examination’’, an offence
under the Immigration Act. All the persons charged had come
into Canada by way of what is commonly called in the area,
the ‘‘Indian Border’. All the persons charged with the offence
are members of the Kootenay Nation and belong to either the
Tobacco Plains or St. Mary’’s Indian Bands. The ‘‘Indian
Border’’ is a route that leads from the United States, across the
49th parallel, onto the Tobacco Plains Indian Reserve. the people
have pleaded ‘‘not guilty’’ and the trial of the matter is to be held
on June 9, 1982, at Fernie, B.C.
The International Boundary was defined by the British and
American governments in the middle of the 19th century. this
boundary cut across the Kootenay traditional territory and
divided the Kootenay Nation. At the time the Boundary was
defined the Indian Nations were assured that their right to pass
and repass the Boundary would not be impeded. In addition to
dividing families, the Boundary interfered with the Kootenay
traditional way of traversing their territory during hunting and
fishing seasons. When Indian Reserve Commissioner O’Reilly
arrived at Tobacco Plains Indian Reserve in 1884 for the purpose
of setting aside Indian Reserves, he had the following
conversation with Chief David:
O’Reilly: ‘‘We cannot talk about United States lands; it is
on the other side of the boundary.”’
David: ‘‘What is the meaning of this boundary line? It runs
through the middle of my house. My home is on both sides. Why
should you, without asking me or considering me, divide my
property in two and also divide my children?”’
The Kootenay Nation say that they have never surrendered
their right to traverse their traditional territory and that neither the
International Boundary nor the Immigration Act can interfere
with their right to enter their land.
The member Bands within the Kootenay traditional territory
(on both sides of the Boundary) continue to this day to maintain
their tribal and cultural ties through a variety of joint activities.
Clo Ostrove
Excerpts From INDIAN WORLD
July, 1982
-Border Crossing
-This Land
THIS LAND
Tall and silent and straight I stand.
I've watched them take away my land.
Friendship and peace I wanted to give.
And all I requested - The right to live,
to hunt, to roam, as I did before.
But they took that too, and much, much
more.
They put me on a reservation
and labeled me "a minority nation".
They stripped me of my pride, my shame.
They called me savage and other such
names.
For years they pretended I didn't exist.
But now that I stand and try to resist.
They call me militant, angry, and cruel.
They say I break the golden rule.
It was they who stole my life, my land.
So now the time has come to stand.
To let them know how I feel.
To tell them I want a better deal.
Friendship and peace is still the aim.
But now it's a brand new game.
I'll no longer sit back taking welfare
and boozing.
I'll know what's at stake and what I'll
be losing,
I still stand tall - not so silent, but
straight.
And the time has come, I'll no longer
wait.
I want my lands, my rights made clear.
I want it now and not next year.
Simon Danes
12
JULY 1994
An excerpt from INDIAN WORLD, July 1980
Ernie
Hizemsque
at
Skeena
Crossing
As fishing moved into full season this year, the mind of Ernie Hizemsque, an elder
from Skeena Crossing in the Gitskan-Carrier country, turned to the past. He talked about
how wealthy his people were--wealthy in food and culture.
‘‘In our grandfathers’ days they used to do a lot of things different when they went
fishing. They never used nets, they put stakes in where the waterfalls are, and that’s how
they caught salmon. The stakes sometimes went right across the river, After the fish got
into it, they couldn’t get out. Sometimes it would take the whole day to take the fish from
the traps.
The people would get the salmon eggs and dig a hole in the ground. Then they
would put birch bark around it, inside it, and put all the eggs there. There would be
enough for all winter. When they needed it, they would take a little bit and mix it with
sea-weed. That was good.
And they used to get the grease from sockeye. They put the sockeye in a big pail
and boiled it. It makes the grease come out of it. After the grease made a film on the top
of the water, they took it out with a spoon. They would have grease and cooked dried
herring eggs, and they would serve it around to the people.
After they did things like catching salmon and drying salmon and they had enough
for winter use, they went out to pick berries: salmon berries, soap berries, all kinds. and
then they would go to the mountain to get mountain goat.
They used to be more restrictive, they cleaned the salmon, they didn’t let the
children play with it, not any part of it. The kids couldn’t go near the river, it wasn’t safe.
We were more restrictive at that time.
What we do now is start on the spring salmon, but when the river goes down lower
we have to move to another spot and work on the sockeye, but we only catch what we
need for winters. It’s quite a bit different now than before. It was a lot better before
because in the old days we got together to work more, together,”’
JULY 1994
13
“4
HIV and AIDS in the
Native Community
The facts are more than documented:
They are a very grim reality. The human immuno
deficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS) is spreading in the
Native community at a rate that, for the population,
exceeds the spread of the virus and the disease in
the non-Native community. Dr. Jay Wortman of
Health Canada has issued the warning that the
‘‘explosion’’ is with us today.
Causes for the virus, which allegedly leads to
the disease, are many: living conditions, lifestyles,
nutrition, poverty, lack of adequate medical services.
The Downtown Eastside of Vancouver
is the poorest urban neighbourhood in
Canada. It has a very significant Native population
living in the worst of conditions. HIV is contracted |
specifically through unprotected, unsafe sexual
practices; the use of shared needles; and from an
HIV-positive pregnant mother to her unborn child.
HIV cannot be contracted through touching, kissing,
toilet seats, door knobs, and sharing food
utensils.
To that end, then, Vancouver Native
Health Society has established an
HIV+/AIDS Home Outreach Program. With St.
Paul’s Hospital, we also operate a Native AIDS
Coordination Program. The Outreach Program
makes home visits, offers counselling, operates a food
bank, administers a housing subsidy program, takes
International News Update
people to doctors and hospitals, helps with shopping,
and generally for any assistance that is needed. The
separate Native AIDS Coordinator Program links
the community and healthcare systems. As a client’s
illness progresses, the coordinator is able to draw
on culturally significant practices to ensure early
intervention and continuity of care. It also works
closely with the Vancouver Needle Exchange. 40% of
the clients at the Exchange are Native. The program’s
goals are to promote positive health
practices, facilitate linkages between
clients and community, culturally sensitize health
care workers to Native issues, and educate the
Aboriginal population about AIDS. The program
assisted 72 clients and their families in 1993. The
program averages 6 new referrals monthly.
The purpose of both programs is education and
prevention.
VNHS is part of the B.C. AIDS Coalition and
was instrumental, with a few other groups, in getting
the B.C. AIDS Secretariat set up.
Funding is always a difficulty, despite the fact
that HIV/AIDS is rapidly spreading. The
monetary calculations have been made:
Prevention and education can cost an average of $100
a month per person whereas hospitalization can cost
as much as $73,000 per person a year.
For more information on the society’s AIDS
Programs, as well as other health related services, call
VNHS at 254-9949 or write to 449 East Hastings
Street, Vancouver, B.C. 6VA 1P5.
On June 17, 1994 Ms. Penelope Muecke of West Perth, Western Australia visited the Union of B.C. Indian
Chiefs office in Vancouver. She was in search of an Indian organization which is involved in Land Claims. She
wanted to compare notes on many issues and get some information to assist her in the work she is doing at
home. There are similarities between the Aborigines of Australia and the Indian Nations in Canada whereby both
Federal governments continue to implement their goals and processes to extinguish Aboriginal rights. While
Canada has the Supreme Court Decision in Sparrow in favour of the Aboriginal Peoples, Australia has the Mabo
Decision in which their High Court through out the ‘“‘terra nullius’’ theory and rules that the Aborigines owned
Australia before Europeans arrived; and that some tribes still have ‘‘native title’’ over some parts of the Outback
not settled by whites. Just as the Canadian Government is trying to diminish the meaning of the Mabo Decision.
Other areas where the Aborigines and Indian Nations share a common interest is the International Labour
Organization and the United Nations Commission on Human Rights Working Group on Indigenous Populations.
Of interest os the fact that lawyers or consultants who helped Indian Bands settle their land claims through self-
government agreements in Canada are travelling to Australia extolling this process.
L
14 JULY 1994
LEGAL UPDATE
Taxation By-Law Wins
St. Mary's Indian Band \. The City Of Cranbrook
This case concerned the authority of the Band’s taxation by-law, passed under s.83 of the Indian Act, to
levy taxes against the municipal airport occupied by the City of Cranbrook. The case turned on the
court’s interpretation of the surrender documents. In particular, the documents stated that this was a
surrender for sale and included a condition that if the lands ceased to be used for public purposes they would
revert to the Band. The Band on the other hand argued that because of the condition that the lands might revert
back to the Band, this was not an absolute surrender but instead was a conditional surrender and therefore the
Band had a continuing interest in the lands. The judge agreed with the Band and said that the lands were within
the definition of ‘‘designated lands’’. The Band’s taxation by-law applies to lands in
the reserve, including designated lands. Accordingly, the City of Cranbrook was liable to pay taxes to the
Band.
The City of Cranbrook has filed an appeal of this ruling in the B.C. Court of Appeal. If you have any
questions or require and other information, please contact Clo Ostrove at Mandell Pinder or Halie Bruce at the
Union of B.C. Indian Chiefs, Vancouver office.
Section 28 Permits And The Opetchesaht Case
On March 21, 1994, the B.C. Court of Appeal allowed the appeal taken by B.C. Hydro and the federal
Crown in the Opetchesaht case. The issue before the Court was the validity of a permit issued by the minister
under authority of Section 28(2) ‘‘for such period of time as the [said] right-of-way is required for the purpose of
an electric power transmission line’. Earlier, Mr. Justice Lander found that Section 28(2) should be interpreted
as meaning a defined period of time. A permit for as long as required for transmission line purposes was not
authorized by Section 28(2) and thus was invalid. The Court of Appeal reversed and found that there is nothing
in the wording of Section 28(2), read alone or together with other provisions of the Indian Act, that requires a
restrictive interpretation that the grant by permit be to a date certain. The Court of Appeal found no reason why
the permit could not be for a period the termination date of which cannot then be known but would become
known later. In this instance, the termination date would be when the right-of-way land is no longer required for
transmission purposes. We understand that the bands will be applying to the Supreme Court of Canada for leave
to appeal this decision.
The result of the Court’s decision is that bands can no longer assert that a permit allowing the use of
reserve land is invalid solely because the permit does not state a specific time (ex. ‘‘Jan. 1, 2001’”) when the
permit will end. The validity of any given permit must now to be challenged on other grounds. For example,
evidence (if available) that (a) the consent of band council was not informed consent; (b) the permit does not
include the terms set out in band council’s consent (BCR); (c) DIA or the permittee failed to satisfy
the conditions set out in the BCR.
Delgamuukw
The Hereditary Chiefs of the Gitksan & Wet’suwet’en Peoples have stgned an Accord with the Province in
which the parties agreed to adjourn the Delgamuukw land claims case for 1 year. Over the next year the Chiefs
and the Province will work, under the auspices of the Treaty Commission, towards a negotiated settlement of the
issues raised in the case. If the negotiations are successful, the court case will not proceed; if the negotiations are
not successful, the Supreme Court of Canada can then hear the case.
JULY 1994 15
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Part of Union of B.C. Indian Chiefs Newsletter (July 1994)