Union of B.C. Indian Chiefs Newsletter (July 1994)

1.06-01.08 Union of BC Indian Chiefs Newsletter

1.06.-01 Newsletters and bulletins sub-series

July 1994

english

1.06-01.08-05.02

16

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

Chief Saul Terry

Rafe Mair

Morgan Wells

Wendy Ancell

Carlos Sogerb

Simon Danes

periodical

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 UNION OF B. C. INDIAN CHIEFS SUBSCRIPTION FORM NAME: FOR OFFICE USE O N L Y DATE RECEIVED: CHEQ/M.O. # E X P I R Y DATE: ADDRESS: POSTAL/ZIP CODE: PROVINCE/STATE: 1 YEAR SUBSCRIPTION NLETTER INDIVIDUALS: $35.00 NCLIPPING M E M B E R BANDS: $75.00 TOTAL AMOUNT ENCLOSED Please make cheque or money order payable to: I N D I V I D U A L S : $100.00 $_ U N I O N O F B . C . I N D I A N C H I E F S , 700-73 W A T E R S T R E E T , V A N C O U V E R , B . C . , V 6 B 1A1 CHIEFS MASK BOOKSTORE & GALLERY 73 Water Street, Vancouver, B.C., Canada, V6B 1A1 Telephone (604) 687-4100, Fax (604) 684-5726 BOOKS ARTS & CRAFTS CONSIGNMENT ITEMS ACCEPTED - FIRST N A T I O N S • J E W E R L Y ( G O L D A N D SILVER) - A B O R I G I N A L ISSUES • POTTERY - GOVERNMENT •PRINTS - LAND CLAIMS • T-SHIRTS - LAW • LEATHERWORK - ART • MASKS - CHILDREN'S BOOKS - T E A C H I N G AIDS - POETRY CALL, WRITE OR DROP IN TODAY! • BEADWORK • TRADITIONAL MUSIC • AND MUCH MORE ! Owned and operated by the Union of B.C. Indian Chiefs 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  UNION OF B.C. INDIAN CHIEFS SUBSCRIPTION FORM NAME: oie FOR OFFICE USE ONLY ADDRESS: - DATE RECEIVED: CHEQ/M.O. # gare ait _ EXPIRY DATE:. PROVINCE/STATE: ; POSTAL/ZIP CODE: 1 YEAR SUBSCRIPTION NLETTER INDIVIDUALS: $35.00 NCLIPPING MEMBER BANDS: $75.00 INDIVIDUALS: $100.00 TOTAL AMOUNT ENCLOSED $ Please make cheque or money order payable to: UNION OF B.C. 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