Periodical
Union of B.C. Indian Chiefs Newsletter (May 1995)
- Title
- Union of B.C. Indian Chiefs Newsletter (May 1995)
- Is Part Of
- 1.06-01.08 Union of BC Indian Chiefs Newsletter
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- May 1995
- Language
- english
- Identifier
- 1.06-01.08-06.02
- pages
- 12
- Table Of Contents
-
INSIDE THIS ISSUE..
2. Education Update
3. First Nation Press Releases
4. Toosey
6. Health
7. Lubicon
8. Resource Centre Update
10. Legal Update
- Opetchesaht
- Border Crossing - Contributor
- Chief Saul Terry
- Carole Dawson
- Wendy Ancell
- Type
- periodical
- Transcription (Hover to view)
-
Union of B. C. Indian Chiefs
NEWSLETTER
MAY 1995
Message From The President
The
subtlety and sophistication of
the Canadian governments'
strategy is to have bands (first nations)
and/or tribal councils accept, co-operate
and participate in the various " management
processes" on the basis of delegated
authority. If bands or tribal councils
participate on the basis of delegated
authority they will be perceived to be clearly
consenting to the constitutional status quo,
that being the recognition of Ottawa and
Victoria as the constitutional be all and end
all on matters dealing with Indigenous
Peoples. If we do this, we shall be
undermining our assertion of inherent
p o l i t i c a l rights f l o w i n g from our
unextinguished Title to our homelands.
The expectation here by federal and
provincial governments is that we will
carry on negotiations, band by band, that
will conclude with "self-government
agreements" limited to municipal powers
only (the Sechelt model). It would then
follow that as 'federal municipalities,' we
MAY
1995
will be expected to operate under existing
policies and legislation. Furthermore, we
will be expected to operate'' within existing
resource levels" and to 'cost share'
programs and services using existing band
revenues or revenues raised from some
form of taxation forced upon our people.
We will be expected to abandon our tax
immunity as well.
So by using the rhetoric of "Indian
self-government,'' the federal government
dodges all its trust obligations. In all of
these efforts, the federal and provincial
governments expect us to give our consent
and thus they shall be held blameless of any
allegations of genocide against Indigenous
Peoples.
We must remember that human
rights violations against our Peoples are
not new. There are Canadian citizens who
fully support the position of Indigenous
Nations but there are many others that
cannot bring themselves to support our
Peoples because they may be ignorant of
the facts related to the Land Question and
aboriginal rights. Certainly the media
reports of late do not reflect the facts of the
issue. Rather than helping, news reports
seem to be aiming at inciting the public
against our cause.
The media reflects more the oldtime philosophies that church, monarchy
and state have promoted since early times:
questioning whether Indigenous Peoples
have a right to life, freedom and the basic
dignity of being considered members of the
human race. This racist point of view has
never been abandoned and remains as an
undercurrent, hampering the Indian Nations
who are fighting to protect their basic
political and human rights.
We need not look far to see signs of
"It is we who cannot afford to settle
based on the current policy dictates of
Canada."
- Chief Saul Terry-
this. Look at thejudgment handed down by
Chief Justice McEachern in Delgamuukw
vs The Queen i n 1991. We continue to be
victimized by these misguided theories
which continue to be given new life by
sensational and biased news reporting
practises.
It seems evident that news reporters
know very little about what Indian Nations
are fighting for or against and cannot
recognize nor appreciate the genocidal
pattern that exists in government policies.
They do not see the contradiction that while
Canada promotes a Charter of Rights and
Freedoms, when it comes to Indian Nations
the rules are applied or interpreted
differently.
Furthermore, we never see news
reporting reflecting the fact that the ancient
(Continued page 8)
INSIDE THIS ISSUE..
2. Education Update
3. First Nation Press Releases
4. Toosey
6. Health
7. Lubicon
8. Resource Centre Update
10. Legal Update
- Opetchesaht
- Border Crossing
UBCIC NEWS
Education Update
To: Chiefs & Council, Education Coordinators, B.C. First
Nations, Bands & Tribal Councils - May 8,1995
MEMORANDUM
R E : Direct transfer of provincial tuition dollars to First Nations for 1995-96.
On April 27, 1995, DIAND/BC Region announced that, on an
optional basis, it would transfer 1995-96 provincial tuition
dollars directly to bands or duly mandated tribal councils or
education authorities, B.C. Region asked that bands complete a
form by June 1, 1995 indicating their decision on payment of
provincial tuition dollars for 1995-96.
The UBCIC Education Committee has reviewed DIAND's
announcement, and based on this review, the Union of B.C.
Indian Chiefs recommends that First Nations decline to
participate in DIAND's unilateral direct transfer charade.
In particular, the UBCIC recommends that First Nations
not complete DIAND's form and disregard DIAND's selfproclaimed deadline.
DIAND's 'program design' for the direct transfer was not
negotiated with First Nations. It was developed unilaterally by
B.C. Region. Under the terms and conditions announced by
DIAND, there will be no real First Nation control over provin-
cial tuition funding. As a result, DIAND's direct transfer option
will do nothing to put First Nations in a stronger position to
negotiate (or renegotiate) LEAs with school districts. In fact,
First Nations will be in a worse position since DIAND is doing
away with the "signing bonuses" to cover First Nations' cost for
first-time L E A negotiations. In addition, DIAND's June 1
deadline is deliberately intended to undercut ongoing negotiations between UBCIC and the Province for multi-year education
agreement (scheduled to conclude by June 30). Finally, DIAND
plans to impose mandatory capped block funding transfers in
1996-97 for all First Nations programs and services, including
education. 1995-96 is merely a dry-run for next year's plan to
massively off-load federal fiduciary responsibilities and costs for
Indian education onto First Nations and the Province. Therefore, UBCIC is recommending that First Nations not cooperate
with or participate in the latest Federal Government "buffalo
jump" strategy. Counter-measures will be considered in the
near future by the UBCIC Education Committee and UBCIC
Chiefs Council.
PRESS R E L E A S E
For immediate release
Tribal police graduates honoured by Indian Chiefs
VANCOUVER, May 13, 1995 - The Union of B.C. Indian Chiefs today honoured the tribal police candidates graduating this
weekend from the First Nations Tribal Justice Institute in Mission, B.C. In a message to the FNTJI staff and students, Chief Saul
Terry, President of the UBCIC, acknowledged the graduates' perseverance through "a hard, grueling training period. Your efforts I
am certain will open many more doors to opportunities which may not have existed in the recent past for Indigenous peoples.
Trail-blazing overgrown paths in this 'settler socitey' is never easy, especially when we have to be at least twice as good to be
recognized as equal. I congratulate you on your success and wish you wisdom, strength, and good luck in the important work that
lies ahead."
Commenting on the role of tribal police in First Nations' quest for self-determination, Chief Terry stated: "The communities from
which you come are proud that your have stepped forward to lead in these times, when clear thinking and high moral standards of
conduct are required for our peoples to pass successfully through the gauntlet of decolonization. Now as never before, our nations
need to stand tall with confidence and determination to protect and build upon our inherent political and human rights for the
future generations."
-30Contact: Chief Saul Terry, UBCIC, (604) 684-0231
Jim Maloney, FNTJI, (604) 826-3691
2
MAY 1995
UBCIC NEWS
FIRST NATIONS PRESS RELEASES
Nanoose First Nation
Cheslatta Carrier Nation
(for immediate release)
B.C. B A C K S DECISION T O K I L L K E M A N O :
ANGUS REID S U R V E Y 40 P E R C E N T SAY
'NO COMPENSATION'
(for immediate release)
PROVINCE T O ISSUE PERMIT T O E X C A V A T E
600 NANOOSE BURIALS
Cheslatta Nation, B.C. (21 March 1995) - A solid block
of B.C. residents, 40% are totally opposed to paying Alcan any
compensation for cancellation of Kemano 2, according to a
recent Angus Reid survey. The B.C. government's decision to
kill the project is backed by 54% of British Columbians,
according to the survey commissioned by Cheslatta.
Cheslatta Chief Marvin Charlie said the results show
Premier Harcourt's government made the right decision. ' 7
At 4:30 yesterday our First Nation received notice of a
Permit which allows for the removal of the 248 existing burials,
and additional burials named in the covering letter to the
Permit, at out burial ground at Craig Bay.
In reality all of the 248 exposed burials will be removed.
Hundreds more will be exposed and removed. This desecration
will take place despite repeated requests by the Nanoose First
Nation that their sacred burial grounds be protected.
have said all along Alcan doesn't deserve compensation since
On November 19, 1994, the Nanoose First Nations
taxpayers weren't involved in the decision to approve the
petitioned the Supreme Court of British Columbia to quash all
project.''
previous Archaeological Permits issued on the Craig Bay site.
Support for the Jan. 23, 1995 decision to cancel Kemano
Mr. Justice Hutchison, in quashing these permits said that
2 was strongest in the Vancouver/Burnaby area with 63% in
issuing the first two permits were unlawful and the issuing of
favor. The B.C. Interior, which was most divided over the
the third one was ' 'dirty pool.'' He also ordered that before a
cancellation decision, was surprisingly the area most against
new permit could be issued by the Archaeology Branch for the
any compensation for Alcan at 46%.
Craig Bay Site that "the Minister should allow for some
hearing of the matter.'' This hearing has not taken place.
The survey indicates B.C. residents are upset with
Ottawa's attempts to duck responsibility for project
The Nanoose First Nation vehemently oppose the
cancellation. There is little support for compensation by just
issuance of this permit and have not yet had the opportunity to
one level of government: 8% feel B.C. is solely responsible
express their opposition in the form ordered by Judge
while only 3% feel Ottawa is solely responsible. If
Hutchison. Chief Wayne Edwards stated: "We will use all
compensation is to be paid, the provincial and federal
means at our disposal to prevent the disinterment of our
governments should share the cost, said 41%.
ancestors and the further desecration of our ancient burial site.''
The issuance of this fourth permit while the matter is before the
As expected, support for the decision to cancel was
Court of Appeal of British Columbia is not only "dirty pool", it
strongest among provincial NDP supporters at 77%. However,
is an abuse of process.
provincial Liberals and Reformers also strongly supported the
decision, at 56% and 37% respectively. Federal Reformers were
44% in favor. As for compensation, 43% of provincial
JUST REMEMBER, OKA INVOLVED A BURIAL
Reformers said no compensation should be paid to Alcan.
GROUND!!
The Angus Reid poll is based on a province-wide
random sample of 600 British Columbians between March 1
and 9. It's considered accurate within 4%, 19 times out of 20.
Last summer's B.C. Reid Report, by the Angus Reid
Group, found British Columbians were very familiar with
Kemano 2 and warned that the B.C.U.C. might face "a strong
public backlash" if the project was allowed to go ahead. That
survey found "opposition to Kemano is quite broadly based
across the province."
For further information please contact Dana Wagg,
Writer-Researcher
MAY
1995
SCENES FROM THE CRISES: A Canadian soldier and
masked Mohawk warriorface off in tense standoff at Oka,
which began over expansion of a golf course
3
UBCIC NEWS
Military Destroying Rare Grasslands of Inte
Military
personnel from Canadian Forces Base Chilliwack plan to play war games again in Chilcotin
territory - on land which sustains the Toosey community and is a critical habitat for many endangered
species of wildlife. Toosey Band received notice on April 3rd that the military would be conducting exercises
from April 11 to May 18. This is contrary to promises they would not carry on activities this spring.
According to a
study conducted by
Toosey Band consultant Wayne McCrory,
previous Military exercises have concentrated
in the most sensitive
areas of the so-called
"Chilcotin M i l i t a r y
Lot." Numerous small
lakes in this unique
grassland ecosystem
are used by tens of thousands of migratory waterfowl. Military activity threatens this land,
lake and wetland complex, the most productive duck breeding area
in the province-a unique
area o f C a n a d a .
Chilcotin heritage and
archeological sites are
also being destroyed.
animal species than
most other areas in
B.C.
The army appears to be ignorant
Re: Military Operation - April 19th, 1995 to May 18,1995
of the damage they are
in Tsilhqot'in Territory
causing even when
Please be advised that we are lawyers representing the Toosey Band who is a
they are playing nonmember of the Tsilhqot'in Nation.
war games. Last year
I am in receipt of your letter to Chief Laceese dated March 28, 1995, and received by
they destroyed the
the Band April 3rd.
I am instructed to advise you that the Toosey Band members, and others of the
dancing ground of the
Tsilhqot'in Nation intend to exercise their aboriginal rights on Lot 7741 during the spring and
endangered sharpsummer months of this year, inclusive of the period April 19, 1995 to May 18, 1995. Recent
tailed grouse in the
decisions from the Supreme Court of Canada and the B.C. Court of Appeal have affirmed
construction of a basethat aboriginal rights are constitutionally protected, and have not been extinguished. We
refer to the decision of Regina v. Sparrow (1990) 1 S.C.R. 1075 where the aboriginal right to
ball diamond.
fish for food and cultural purposes was recognized and affirmed. In the landmark decisions
The McCrory
of Regina v. Alphonse and Regina v. Dick (1993) 5 W.W.R. the B.C. Court of Appeal
affirmed the aboriginal right to hunt. In the case Delgamuukw v. British Columbia (1993) 5
report recommends
W.W.R. 97, the Court of Appeal affirmed that aboriginal rights had not been extinguished in
that because of the
the Province.
severity of the cumuI am advised that the Toosey Band members, and others of the Tsilhqot'in Nation
lative destruction, that
intend to fish suckers, lingcod and trout,to hunt and trap muskrat, to hunt moose and deer,
there
be an immediate
to harvest bird eggs, to gather those plants for medicine which are harvested in the spring,
to camp, and to continue studies, currently underway, in the areas of forestry, wildlife
cessation of all milimanagement, heritage and archaeological sites. This list is not exhaustive.
tary activities and an
We advise you of the activities of the Tsilhqot'in people in order that you can take
alternative training
steps to ensure that military operations do not interfere with the exercise of these aborigiarea be located elsenal rights which enjoy constitutional protection.
This spring exwhere.
ercises include live fire
Yours truly,
c.c. Minister of Defense
demolition, small arms
"Recent court
Minister of Indian Affairs
training, vehicle movedecisions
such as
Minister of Justice
Mandell/Pinder
ment and helicopter acSparrow,
Alphonse
Captain J.L.A.R. Grenier
Toosey Indian Band:
tivity. According to
and Delgamuukw
Barrister & Solicito
Attn:
Chief
Francis
Laceese
Chief Francis Laceese,
have affirmed AboTsilhqot'in National Government
the Toosey People deriginal rights" continAttn: Ray Hance
pend on this area for
ues Lacesse. "The
their sustenance. "Our people have hunted game, gathChilcotin also set aside as a hunting and fishing reserve in 1872.
ered duck eggs, berries, fish and medicines in this area for
Military activity interferes with our rights by destroying the land—and
thousands of years", said Chief Laceese.
the way of life of our people. We will continue to exercise our rights
on the land, and the military must respect us."
Biologist Wayne McCrory adds: "In a recent EnK.E. Orr, Major
Base Commander
Canadian Forces Base Chilliwack
VOX 2E0
vironment Canada study on endangered species, the
Chilcotin grasslands have more endangered plant and
4
-30MAY
1995
UBCIC NEWS
FOREST ACTION NETWORK
Protesters Shut Down Interfor Mill, Demand
Timber Rights be Revoked
(for immediate distribution)
Surrey, 6:00 A M , 27 April 95 (FAN) Members of the
Forest Action Network and Earth First have shut down two
lumber mills in Surrey today to protest ongoing forest destruction by logging giant International Forest Products
(INTERFOR). This action coincides with lNTERFOR's A G M
in downtown Vancouver today.
Four activists are chained to cement-filled barrels in
front of the main entrance to the Mackenzie Seizas Mill, and
one activist is locked to a gate. "We will no longer allow
INTERFOR to continue to profit from destruction of the
environment," stated coordinator Diana Wilson.
"As the second largest logging company in B.C.,
INTERFOR isn't receiving enough scrutiny," charged FAN
spokesperson Greg Higgs. "INTERFOR like MacBlo, is clearcutting Clayoqout Sound, and they are also destroying the oldgrowth forests of the B.C. Mid Coast at an unprecedented
rate."
INTERFORS's logging plans for 1995 include clear-cutting
the Kwalate, the southernmost intact watershed over 5,000 ha.
on the coast of North America. Furthermore, INTERFOR
plans to clear-cut Talyu Hot Springs, the last un-logged sacred
hot spring in Nuxalk Territory.
At 2 pm today, the Nuxalk, Lil'Wat and Shuswaps
Nations, along with environmental groups VTRAC, Earth
First and FAN are holding a rally outside the Four Seasons
Hotel to protest lNTERFOR's clear-cutting on unceded Native
Lands.
This demonstration is part of FAN's campaign to
protect the Great Coast Wild, a vast region of wilderness
along the B.C. mid-coast totalling 3 million hectares. The
Great Coast Wild includes a contiguous pristine area of 1.2
million hectares that encompasses both the proposed Kitlope
Provincial Park and Fiordland Recreation Area (by comparison, Clayoquot Sound is 260,000 hectares).
For more information contact: 251-2477
ALL
NATIVE
DAY
FESTIVAL!
Capilano Reserve Park
North Vancouver,B.C.
JUNE 21, 1995
3:00 p.m.-10:00 p.m.
Mini P o w W o w
Traditional Foods
A r t s & Crafts Sales
Y o u t h Talent Contest
Games for Kids
Bone/Lahal Games
Entertainment
Kareoke
Raffles & 50/50 Draws
Participation from Aboriginal Organizations is required to make this event sucessful. If you or your
organization would like to volunteer and help organize or participate in the events,
P L E A S E C A L L K A T as soon as possible @ (604) 876-1212
MAY 1995
5
NIHB Threatened With the Axe!
7
1 he federal government's min"First Nations must fight for their right Once again by presenting
limited options for health care the
ister of Health, Diane Marleau
to medical health care"
Canadian Government is demonstrathas imposed a potential death
- Carole Dawsoning how they single out First Nations
threat upon the heads of First Nafor "cruel and unusual punishment." In fact, a federal
tions citizens living off reserve. She is proposing to remove
prisoner is given far more benefits than a First Nations
their entitlement to Non-insured Health Benefits.
individual.
Since British Columbia's First Nations have engaged
What will happen if the Health Minister has her way
in the Treaty Negotiations process, the federal government's
and the only First Nations people to be eligible for health
cabinet has been involved in seek and kill missions of any
benefits are those: 1) who live on-reserve and 2) are also on
benefits that the First Nations have received in Ottawa.
social assistance?
No benefits to First Nations have been spared from
It is my opinion that by exercising such punitive
Ottawa's brutal cuts. For some time the federal government
options, the following will definitely occur: 1) increase in
has been predictable in their hidden agenda. The farce that
morbidity, 2) increase in mortality, 3) to qualify for these
they have engaged First Nations in - called "partnerships"
health benefits, some individuals who live off-reserve and
can prove to be anathema to First Nations.
are marginalized, and have no or low income, have special
The so called "partnerships" that the Health Canada,
health needs - and may have to return to their reserve to
Medical Services Branch and the Assembly of First Nations
qualify for health benefits. This group could include
have engaged in are hypocritical. To wit, the so called
diabetics, cardiac patients, quadrapalegics and others too
partnership between the A F N and M S B in regards to the
numerous to mention. Should this happen the fragile
current "Pre-Consultation and future consultations" on
infrastructure, lack of adequate housing, sanitation, etc. on"pre-transfer and the transfer process."
reserve would be drastically impacted. Overall the health
These partnerships are not honourable or worth the
of the community will be greatly compromised and jeopardpaper they are on, due to the machinations and manipulaized.
tions of the federal government. The recent terrorization of
First Nations citizens through, the media - demonstrates
First Nations must fight for their right to medical
this fact in point. This terrorization campaign emanates
health care. The federal government has mismanaged the
from the Health minister's office in threats to remove NIHB
resources of Canada for so many decades and must not be
from off-reserve First Nations citizens.
permitted to exact punishment upon the innocent for their
stupidity and ignorance. Were First Nations to set aside the
The Health Minister's powers are pervasive and often
process
of treaty negotiations and to deal strictly with the
perverted. They in fact can mean life or death to First
loss of land, liberty and resources over the last 500 years
Nations citizens. The Health Minister's habit of withholdour oppressors would be absolutely unable to provide
ing information and making arbitrary decisions and then
adequate
compensations.
conferring with First Nations is the farthest thing from
consultations or partnerships.
The immorality of this government must not be
The federal cabinet, Privy Council and Treasury
tolerated and it must be cured. First Nations will not be
Board have long targeted First Nations as an endangered
targets or scapegoats for the government's latest threats of
species and for their long term goal they hope -eventual
bureaucratic and political terrorism upon First Nations. I
extinction. The Feds heinous attempts to eliminate First
will continue to alert, if possible rally, and create a counternations must be challenged, exposed, over-turned and
attack upon the attempted erosion of our few rights. There
crushed to smithereens.
are thousands of First Nations people who live off-reserve,
for health, for employment and educational reasons. As
With politicians and bureaucrats in Ottawa
well, their reserves all too often lack adequate housing and
role-modelling massive racist based propaganda - is it any
services to meet their needs. If this large group of people
wonder that their flames of hatred are being fanned by
were to have the federal governments cut-off their health
crackpots, right within their institutions? Ottawa is a place
benefits, this would be anathema. Far too few First Naof disease, denial, sickness, illness, sado-masochism, and a
tions employees are receiving an adequate salary let alone
haven for the molesters of human rights.
are part of a group health plan at work.
(Continuedpage 7)
6
MAY
1995
(Health - Continuedfrom page 6)
It is my contention that the Federal government is
scrambling to abort their fiduciary trust responsibility with
First Nations before the treaty negotiations and residential
school processes are too far advanced.
First Nations have longed for freedom from the oppressive regimes of various government. However, self-governance packages must adequately and appropriately meet the
needs of our constituents. Therefore, while we do not want the
abusive legacy of bureaucracy, we do need reasonable funding, staffing, infrastructure and all the other benefits and perks
that the federal government have generously given themselves
to administer our affairs. Anything less would be genocide.
The Canadian government needs to give assurances to
all Canadians that their health care will not be removed,
eroded, destroyed or tampered. These assurances, especially
must be given to First Nations, in particular, because dues to
the historical continuum of abuse our health care needs far
exceed those of others.
Many First Nations members are embarked on healing
journeys that deliver them from the continuum of abuse and its
evil circle and cycle. Hopefully as these people heal others
will also heal. Then, rather than dealing with health crises we
can at last focus on preventative and holistic measures to be
whole and healthy persons.
-30By Carole Dawson,
Health Planner, Kwakiutl District Council
Union of B . C . Indian Chiefs
Your are Cordially invited
27th Annual General Assembly
October 2 4 , 2 5 , 26, 1995
Location: T o B e Announced
For firmer information contact Mildred Poplar at the
U n i o n of B . C . Indian Chiefs office i n
Vancouver at (604) 684-0231.
Ontario Court Rules Boycott Legal
(for immediate release: May 19, 1995)
Madame Justice Frances Kiteley (Ontario Court General Division) ruled this morning against Daishowa Inc.'s
application for an interim injunction to restrain Lubicon Lake Cree Nation supporters from pursuing a boycott of
Daishowa products.
Daishowa Inc. is part of the Daishowa group of companies (owned by the gigantic Daishowa Paper Manufacturing Company of Japan) which has been the focus of a campaign to prevent Daishowa from acting on a licence to clearcut on contested Native land in northern Alberta Friends of the Lubicon say that 47 companies representing over
4,300 retail outlets across Canada have chosen alternate paper suppliers. Daishowa is claiming $5 million in lost sales.
Today's decision marks an important victory for the Friends of the Lubicon, the Lubicon Lake Cree Nation, and
for the people of Canada in general.
What it means for the Friends o f the L u b i c o n is that our ability to effectively express our opposition to
Daishowa's plans is left in tact. The Lubicon issue is one which addresses profound issues for Canadian society and as
long as Canadian Companies and consumers are receiving Daishowa products we have to have the ability to discuss
the issues, share information, and act on our conclusions at every level - from Daishowa boardrooms to the street.
Today's court decision means that Lubicon supporters can still contact Daishowa customers and furthermore, we can
raise the issue with their customers, people who ultimately receive Daishowa paper bags when they shop at certain
stores.
The Daishowa boycott represents an effective and peaceful means for ordinary Canadians to ensure that a company which is operating in Canada complies with basic human rights and environmental concerns and now more than
(Continued page 11)
MAY
1995
7
UBCIC NEWS
President's Message (Continuedfrom page 1)
philosophies of Indigenous Peoples continue to exist to the present
day. The media is mainly concerned with safe-guarding the
interests of settler governments, their theft of land, natural resources,
the prestige they have under the status quo. The media makes it
difficult for any right minded person to champion the recognition
of the Indigenous Peoples rights. What has resulted is fearmongering and mass confusion amongst the general public. This
also illustrates that, as Indigenous Peoples, we are still controlled
or manipulated by a colonial mind set. A l l in all the strategy of the
settler governments in Canada remains the same: impose the
extinguishment agenda by whatever means available including the
manipulation of the media or with the full and conscious
collaboration of the media.
As we have seen in the recent news reports, the bottom line
continues to be conjuring fears that a settlement i n the Land
Question is going to be too costly, that Canadian citizens shall lose
their lands, that Indians will get preferential benefits based on race,
etc. Never considered in these points are the costs already paid by
the Indigenous Peoples and especially the future costs i f land
claims are settled based on the extinguishment policies of the
Government of Canada. In these policies, we are being asked to
completely and utterly surrender all of our lands, resources, and
rights in return for a few dollars and a few acres of variously
categorized lands.
For this pittance we are expected to:
SURRENDER our Homelands forever;
SURRENDER our status as distinct peoples under the international
definition of the term;
SURRENDER our Economic Base for a one time payment of
settlement dollars;
SURRENDER our Indigenous Nation Governments and get in
return municipal self-government models;
SURRENDER the principle of Informed Consent because of the
"take it or leave i t " tactics of the federal and
provincial governments.
Citizens of the Indigenous Nations, do not believe the bylines in news reports that Canada cannot afford to settle with us. It
is we who cannot afford to settle based on the current policy dictates
of Canada and its provinces and territories. We cannot believe
everything we read in the newspapers, magazines, hear or see on
radio and television. What we must believe and continue to protect
is that we continue to exist as distinct Peoples, with identifiable and
unextinguished title to homelands, that we have the right of selfdetermination, that we have distinct languages and histories that
are expressed through our distinct cultures and spiritual rites. This
is the inheritance of our future generations, we cannot sell it or trade
it for mere privilege.
8
Resource Center Update
A
project which has been a long time in the
planning and preparation stages is going to go
ahead full steam in the Resource Centre over the
summer. Sarah and I are re-cataloguing and re-classifying
the entire collection at the same time as we are creating an
automated library catalogue. The end result w i l l be a
Library of Congress classified collection with much
improved subject and keyword access through an
automated catalogue.
In order to free up the time for Sarah and I to
concentrate on this important cataloguing project, there will
be some restrictions on access to the Resource Centre
between May 1st and August 31st.
Access will be restricted to researchers from Bands,
Tribal Councils, and other First Nations organizations who
are familiar with using the Resource Centre and who will
not require Resource Centre staff to take time away from
the cataloguing project to provide orientation and reference
service.
If you need to contact us during this time period to
make arrangements to access the Resource Centre, please
F A X us at 684-5726 and we will get right back to you by
phone or F A X to arrange a convenient time. If you find
y o u r s e l f in V a n c o u v e r and have not made p r i o r
arrangements to come in, come to the 3rd floor reception at
342 Water and staff there will phone up to the Resource
Centre.
It is difficult for l i b r a r i a n s to restrict access
to information because it is in our nature to want
to provide information. However, we have to view
this temporary access restriction as "short term pain for
long term gain".
We have set a very ambitious goal for ourselves, and
hope to catalogue 200 books per week. We will report on
the progress over the summer in future newsletter issues.
Wendy Ancell
UBCIC Librarian
MAY
1995
UBCIC NEWS
NATIVE OUTREACH
FOR WOMEN
ELECTIONS '95
Cayoose Creek Band Council
Our program is called the Native
Outreach for Women and our sponsor
group is the B. C. Native Women's Society. Outreach was introduced in 1972 and
provides employment services and counselling
to First Nations people,(women, men and youth)
disabled, and other target groups whose needs
are not presently being met by existing services within the Canada
Employment Centres.
To date the program has 257 active clients and over 1,300
in-active clients in which 50% are women and 50% are men. As
the years progressed, this program has become widely known
throughout the interior of British Columbia and services areas such
as Kamloops, Ashcroft, Bonaparte, Cache Creek, Barrier and
Chase, (other areas is requested)
Chief Perry Redan- (Acclamation)
Councillor Yvonne Thevarge (Re-elected)
Councillor Wayne Redan (New)
Councillor Steve Frank (New)
Anderson Lake Indian Band
Chief Harry ODonaghy
Councillor Darla Thevarge
Goals and Mandates:
Councillor Willard Abraham
- Provide Employment related services to remote areas for
First Nations people.
- Extend employment assistance to the public in the
Interior of B.C.
- Develop innovative, experimental approaches for groups
who could not obtain services that they required within
existing structures.
- Enhance working relationships with existing organizations, institutions and First Nations Communties.
Services Provided:
Namgis First Nation
The elections for Chief Councillor for the 'Namgis First Nation
were concluded Wednesday May 10, 1995, and resulted in a
new Chief Councillor who takes office effective immediately.
The new Chief Councillor is William T. Cramner who will
serve a two year term.
Referrals/Placements to job postings
Employment Counselling & Job Search Techniques
Skills Development Courses
Resume Information & Job Interview Preparation
Post-Secondary Course Information
Referrals to Educational Institutes
Access to Government Employment Opportunities
SIN & Status Card Application & More
for more information contact:
Native Outreach for Women
#335-345 Yellowhead Highway
Kamloops, B.C. V2H 1H1
Phone (604) 828-9796 Fax (604) 828-9803
MAY 1995
If you have any material that you would like
to see in the next edition of the Union of B.C.
Indian Chiefs Newsletter, please forward to
our Vancouver office by fax or mail as soon
as possible, to the attention of "UBCIC
NEWSLETTER".
We would appreciate the volume of
information be kept to minimum so others can
benefit from this service. Please do not fax
business cards.
Next deadline is JUNE 9.
F A X (604) 684-5726.
9
UBCIC NEWS
Opetchesaht Case
Legal Update
Band Appeals to the Highest Court in the Land
On April 12, 1995, the Supreme Court of Canada ordered that the UBCIC be allowed to intervene in the
Opetchesaht Case.
The facts of the case involve a B.C. Hydro right of way for the purpose of power transmission lines on one of
the Opetchesaht Band's reserves. The federal government granted B.C. Hydro a permit under section 28(2) of the
Indian Act. The permit said that B.C. Hydro could use the reserve for however long they needed to for the power
transmission line. The Band argued that the Crown had no authority to issue a permit for an indefinite period of
time. The Band asserted that the Minister only had authority to grant a permit for a certain fixed period, such as
two years or five years or whatever.
In the Supreme Court, the judge accepted the Band's view and decided that the Crown had no authority to
issue a permit allowing B.C. Hydro to use the reserve land for an indefinite length of time. The Crown and B.C.
Hydro appealed this decision to the B.C. Court of Appeal. The Court of Appeal held that the permit of B.C. Hydro
was valid and thus B.C. Hydro could use the reserve land for an unlimited period of time.
The Band then appealed to the highest court in the land a final decision on whether a permit can allow a nonIndian to use or occupy reserve lands for an unlimited period of time.
The Supreme Court of Canada has now agreed to hear the arguments of the U B C I C in support of the Band's
position. The granting of section 28(2) permit to a third party does not require the consent of the Band members as
does for example a surrender for leasing reserve land.
If the Court of Appeal decision stands this will allow the Crown to in effect alienate reserve land to third
parties without following the proper procedure of obtaining the informed consent of the people. Informed consent is
the fundamental principle enshrined in the Royal Proclamation of1763. The UBCIC will be asking the Supreme
Court of Canada to give effect to the principle of consent.
The Importance ofBorder Crossing Issues for First Nations
Border crossing at the 49th parallel between Canada and the United States continues to be a problem for
First Nations who attempt to visit families or attend annual events across the border. The Treaty or
Amity, Commerce and Navigation o f 1794 - also known as the Jay Treaty is central to the aboriginal
rights o f First Nations to conduct their affairs across the border. The Canadian - U . S . Customs are
harassing First Nations by questioning and searching the people, This is being done because they do not
recognize the First Nations. A n y First Nation who feels they have been unduly searched and questioned
should call their Band Office or contact the Union o f B . C . Indian Chiefs at 3rd Floor, 342 Water Street
in Vancouver or phone (604) 684-0231.
10
MAY 1995
UBCIC NEWS
CANADIAN
ENVIRONMENTAL
CONDEMN
SHAM
(CANADA,
A
industry process to create
minimal standards for ecolabelling of wood products was
condemned today by over 50 environmental groups, First Nations peoples,
unions, foresters and ecoforestry advocates from across Canada. The groups
released a joint statement calling the
process a greenwashing scam and for it
to be abandoned. The participants in the
process, which is being facilitated by the
Canadian Standards Association (CSA),
begin meeting today in Vancouver to
continue this process.
The forest industry trade group,
the Canadian Pulp and Paper Association paid the CSA a million dollars to
create standards intended to define what
constitutes responsible logging, standards which would allegedly be worthy of
an "eco-lable". The CSA has intended to
bring these standards to the June meeting
of the International Organization of
Standardization (ISO) for international
consideration. However, the standards
being proposed would allow products
derived by large-scale clear-cutting and
chemical pesticide use to be called
ecologically responsible: all major
environmental groups have come
forward today to condemn it.
"An eco-label is intended to
guarantee customers that their purchases
are helping to protect the environment,"
said Tamara Stark of Greenpeace
GROUPS
AND FIRST
INDUSTRY
TUESDAY, 25
APRIL,
NATIONS
ECO-LABEL
1995)
"The CSA has commited a serious error by failing to
acknowledge the rights and interests of aboriginal
peoples across this country." - Russel Diabo Canada. "This process is nothing more
than the industry trying to buy a green
stamp of approval for the status quo and
will serve only to jeopardize Canada's
reputation nationally and internationally.
The NGO statement strongly
supports the development of an international ecolabel for wood products. To
promote ecologically responsible forestry, many groups have been involved
nationally and internationally to create
certification processes that consumers
can trust.
"People rely on the CSA to
develop product standard that protect the
health and welfare of people who buy the
products," said Elizabeth May of Sierra
Club of Canada. "The health of our
environment is integral to the health of
Canadians and standards that enshrine
clear-cutting and other destructive
logging practises do nothing to protect
our long-term interests."
Other certification processes, such
as the one promoted by the Forest
Stewardship Council, have required the
full involvement of First Nations,
emphasizing that the rights of indig-
enous people to own, manage, and
conserve their natural resources on their
territories must be acknowledged and
respected. The initiative funded by the
CPPA not only does not address the right
and concerns of First Nations, it has not
facilitated the involvement of First
Nations in developing the standards.
"The Canadian Standards Association has committed a serious error by
failing to acknowledge the rights and
interests of aboriginal people across this
country," said Russel Diabo, spokes
person of Algonquins of Barrier Lake
First Nation. "The CSA should realize
that aboriginal peoples are significant
land users in the forest of Canada."
For more information please contact:
Russel Diabo, Algonquins of Barrier
Lake (613) 233-8686
Tamara Stark, Greenpeace Canada in
Vancouver (604) 253-7701 ext. 209
(Ontario Rules Boycott Legal - Continuedfrom page 7)
ever these tools have to be available to us. That is why today's court decision is an important one for all Canadians who
share our concern that corporations and governments, like individuals, have to be held accountable for their actions.
If Daishowa truly wants to end the boycott, they don't need to take us to court. A l l they have to do is make a clear,
public and unequivocal commitment not to cut or to buy wood cut on unceded Lubicon Lake Nation territory until a land
rights settlement is reached with both levels of government and a timber harvesting agreement negotiated with the Lubicons
which respects Lubicon wildlife and environmental concerns.
We don't think that their customers are any more impressed than we are when Daishowa resorts to court actions to
shut down their opposition instead of merely making the simple, responsible decision being asked of them.
For more information, please contact: Friends of the Lubicon at (416) 783-4694,
Clayton Ruby, Legal Counsel, at (416) 964-9664, or Lubicon Chief Bernard Ominayak at (403) 436-5652
MAY 1995
11
UBCIC NEWS
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12
MAY
1995
Union of B.C. Indian Chiefs
NEWSLETTER
MAY 1995
Message From The President
G / he subtlety and sophistication of
ft the Canadian governments’
==" strategy is to have bands (first nations)
and/or tribal councils accept, co-operate
and participate in the various ‘“management
processes’’ on the basis of delegated
authority. If bands or tribal councils
participate on the basis of delegated
authority they will be perceived tobe clearly
consenting to the constitutional status quo,
that being the recognition of Ottawa and
Victoria as the constitutional be all and end
all on matters dealing with Indigenous
Peoples. If we do this, we shall be
undermining our assertion of inherent
political rights flowing from our
unextinguished Title to our homelands.
The expectation here by federal and
provincial governments is that we will
Carry on negotiations, band by band, that
will conclude with ‘‘self-government
agreements’ limited to municipal powers
only (the Sechelt model). It would then
follow that as ‘federal municipalities,’ we
will be expected to operate under existing
policies and legislation. Furthermore, we
willbe expected to operate ““within existing
resource levels’’ and to ‘cost share’
programs and services using existing band
revenues or revenues raised from some
form of taxation forced upon our people.
We will be expected to abandon our tax
immunity as well.
So by using the rhetoric of ‘‘Indian
self-government,’’ the federal government
dodges all its trust obligations. In all of
these efforts, the federal and provincial
governments expect us to give our consent
and thus they shall be held blameless of any
allegations of genocide against Indigenous
Peoples.
We must remember that human
rights violations against our Peoples are
not new. There are Canadian citizens who
fully support the position of Indigenous
Nations but there are many others that
cannot bring themselves to support our
Peoples because they may be ignorant of
the facts related to the Land Question and
aboriginal rights. Certainly the media
reports of late do not reflect the facts of the
issue. Rather than helping, news reports
seem to be aiming at inciting the public
against our cause.
The media reflects more the old-
time philosophies that church, monarchy
and state have promoted since early times:
questioning whether Indigenous Peoples
have a right to life, freedom and the basic
dignity of being considered members of the
human race. This racist point of view has
never been abandoned and remains as an
undercurrent, hampering the Indian Nations
who are fighting to protect their basic
political and human rights.
We need not look far to see signs of
"It is we who cannot afford to settle
based on the current policy dictates of
Canada." - Chief Saul Terry-
this. Look atthe judgment handed down by
Chief Justice McEachern in Delgamuukw
vs The Queen in 1991, We continue to be
victimized by these misguided theories
which continue to be given new life by
sensational and biased news reporting
practises.
It seems evident that news reporters
know very little about what Indian Nations
are fighting for or against and cannot
recognize nor appreciate the genocidal
pattern that exists in government policies.
They do not see the contradiction that while
Canada promotes a Charter of Rights and
Freedoms, when it comes to Indian Nations
the rules are applied or interpreted
differently.
Furthermore, we mever see news
reporting reflecting the fact that the ancient
(Continued page 8)
I
INSIDE THIS ISSUE...
Education Update
First Nation Press Releases
Toosey
Health
Lubicon
Resource Centre Update
10. Legal Update
- Opetchesaht
SSeS!
- Border Crossing
MAY 1993
= -~A em rr OK ones Gain \/cE
PLEASE DO NOt REMOVE
; A
FROM THE RESOURCE CENTRE
UBCIC NEWS
To: Chiefs. & Council, Education Coordinators, B.C. First
Nations, Bands & Tribal Councils - May 8, 1995
MEMORANDUM
RE: Direct transfer of provincial tuition dollars to First Nations for 1995-96.
On April 27, 1995, DIAND/BC Region announced that, on an
optional basis, it would transfer 1995-96 provincial tuition
dollars directly to bands or duly mandated tribal councils or
education authorities, B.C. Region asked that bands complete a
form by June 1, 1995 indicating their decision on payment of
provincial tuition dollars for 1995-96.
The UBCIC Education Committee has reviewed DIAND's
announcement, and based on this review, the Union of B.C.
Indian Chiefs recommends that First Nations decline to
participate in DIAND's unilateral direct transfer charade.
In particular, the UBCIC recommends that First Nations
not complete DIAND's form and disregard DIAND's self-
proclaimed deadline.
DIAND's 'program design’ for the direct transfer was not
negotiated with First Nations. It was developed unilaterally by
B.C. Region. Under the terms and conditions announced by
DIAND, there will be no real First Nation control over provin-
cial tuition funding. As a result, DIAND's direct transfer option
will do nothing to put First Nations in a stronger position to
negotiate (or renegotiate) LEAs with school districts. In fact,
First Nations will be in a worse position since DIAND is doing
away with the “signing bonuses” to cover First Nations’ cost for
first-time LEA negotiations. In addition, DIAND's June 1
deadline is deliberately intended to undercut ongoing negotia-
tions between UBCIC and the Province for multi-year education
agreement (scheduled to conclude by June 30). Finally, DIAND
plans to impose mandatory capped block funding transfers in
1996-97 for all First Nations programs and services, including
education. 1995-96 is merely a dry-run for next year's plan to
massively off-load federal fiduciary responsibilities and costs for
Indian education onto First Nations and the Province. There-
fore, UBCIC is recommending that First Nations not cooperate
with or participate in the latest Federal Government ‘buffalo
jump" strategy. Counter-measures will be considered in the
near future by the UBCIC Education Committee and UBCIC
Chiefs Council.
PRESS RELEASE
For immediate release
Tribal police graduates honoured by Indian Chiefs
VANCOUVER, May 13, 1995 -- The Union of B.C. Indian Chiefs today honoured the tribal police candidates graduating this
weekend from the First Nations Tribal Justice Institute in Mission, B.C. In a message to the FNTJI staff and students, Chief Saul
Terry, President of the UBCIC, acknowledged the graduates’ perseverance through "a hard, grueling training period. Your efforts I
am certain will open many more doors to opportunities which may not have existed in the recent past for Indigenous peoples.
Trail-blazing overgrown paths in this 'settler socitey' is never easy, especially when we have to be at least twice as good to be
recognized as equal. I congratulate you on your success and wish you wisdom, strength, and good luck in the important work that
lies ahead."
Commenting on the role of tribal police in First Nations' quest for self-determination, Chief Terry stated: "The communities from
which you come are proud that your have stepped forward to lead in these times, when clear thinking and high moral standards of
conduct are required for our peoples to pass successfully through the gauntlet of decolonization. Now as never before, our nations
need to stand tall with confidence and determination to protect and build upon our inherent political and human rights for the
future generations."
4G.
Contact: Chief Saul Terry, UBCIC, (604) 684-0231
Jim Maloney, FNTJI, (604) 826-3691
MAY 1995
UBCIC NEWS
Zz
“tr
Cheslatta( Gdigiay Nation
“Ss... for immediate release)
B.C. BACKS DECISION TO KILL KEMANO:
ANGUS REID SURVEY 40 PERCENT SAY
‘NO COMPENSATION’
Cheslatta Nation, B.C. (21 March 1995) - A solid block
of B.C. residents, 40% are totally opposed to paying Alcan any
compensation for cancellation of Kemano 2, according to a
recent Angus Reid survey. The B.C. government’s decision to
kill the project is backed by 54% of British Columbians,
according to the survey commissioned by Cheslatta.
Cheslatta Chief Marvin Charlie said the results show
Premier Harcourt’s government made the right decision. ‘‘7
have said all along Alcan doesn't deserve compensation since
taxpayers weren't involved in the decision to approve the
project.”
Support for the Jan. 23, 1995 decision to cancel Kemano
2 was strongest in the Vancouver/Burnaby area with 63% in
favor. The B.C. Interior, which was most divided over the
cancellation decision, was surprisingly the area most against
any compensation for Alcan at 46%.
The survey indicates B.C. residents are upset with
Ottawa’s attempts to duck responsibility for project
cancellation. There is little support for compensation by just
one level of government: 8% feel B.C. is solely responsible
while only 3% feel Ottawa is solely responsible. If
compensation is to be paid, the provincial and federal
governments should share the cost, said 41%.
As expected, support for the decision to cancel was
strongest among provincial NDP supporters at 77%. However,
provincial Liberals and Reformers also strongly supported the
decision, at 56% and 37% respectively. Federal Reformers were
44% in favor. As for compensation, 43% of provincial
Reformers said no compensation should be paid to Alcan.
The Angus Reid poll is based on a province-wide
random sample of 600 Bntish Columbians between March 1
and 9. It’s considered accurate within 4%, 19 times out of 20.
Last summer’s B.C. Reid Report, by the Angus Reid
Group, found British Columbians were very familiar with
Kemano 2 and warned that the B.C.U.C. might face ‘‘a strong
public backlash’”’ if the project was allowed to go ahead. That
survey found ‘‘opposition to Kemano is quite broadly based
across the province.”’
For further information please contact Dana Wagg,
Writer-Researcher
Nanoose First Nation
(for immediate release)
PROVINCE TO ISSUE PERMIT TO EXCAVATE
600 NANOOSE BURIALS
At 4:30 yesterday our First Nation received notice of a
Permit which allows for the removal of the 248 existing burials,
and additional burials named in the covering letter to the
Permit, at out burial ground at Craig Bay.
In reality all of the 248 exposed burials will be removed.
Hundreds more will be exposed and removed. This desecration
will take place despite repeated requests by the Nanoose First
Nation that their sacred burial grounds be protected.
On November 19, 1994, the Nanoose First Nations
petitioned the Supreme Court of British Columbia to quash all
previous Archaeological Permits issued on the Craig Bay site.
Mr. Justice Hutchison, in quashing these permits said that
issuing the first two permits were unlawful and the issuing of
the third one was “‘dirty pool.’’ He also ordered that before a
new permit could be issued by the Archaeology Branch for the
Craig Bay Site that “‘the Minister should allow for some
hearing of the matter,’’ This hearing has not taken place.
The Nanoose First Nation vehemently oppose the
issuance of this permit and have not yet had the opportunity to
express their opposition in the form ordered by Judge
Hutchison, Chief Wayne Edwards stated: ‘‘We will use all
means at our disposal to prevent the disinterment of our
ancestors and the further desecration of our ancient burial site.”’
The issuance of this fourth permit while the matter is before the
Court of Appeal of British Columbia is not only “‘dirty pool’’, it
is an abuse of process.
JUST REMEMBER, OKA INVOLVED A BURIAL
GROUND!!
ee
SCENES FROM THE CRISES: A Canadian soldier and
masked Mohawk warrior face off in tense standoff at Oka,
which began over expansion of a golf course
MAY 1995
UBCIC NEWS
Ba NA
eA
ee RS
. . - t
ilitary Destroying Rare Grasslands Sy
/ BS
ilitary personnel Jrom Canadian Forces Base Chilliwack plan to play war games again in Chilcotin
a va territory ~ on land which sustains the Toosey community and is a critical habitat for many endangered
species of wildlife. Toosey Band received notice on April 3rd that the military would be conducting exercises
jrom April Il to May 18. This is contrary to promises they would not carry on activities this spring.
According to a
study conducted by
Toosey Band consult-
ant Wayne McCrory,
previous Military exer-
cises have concentrated
in the most sensitive
areas of the so-called
"Chilcotin Military
Lot." Numerous small
lakes in this unique
grassland ecosystem
areused by tens of thou-
sands of migratory wa-
terfowl. Military activ-
ity threatens this land,
lake and wetland com-
plex, the most produc-
tive duck breeding area
in the province-a unique
area of Canada.
Chilcotin heritage and
archeological sites are
also being destroyed.
This spring ex-
ercises include live fire
demolition, small arms
training, vehicle move-
ment and helicopter ac-
tivity. According to
Chief Francis Laceese,
the Toosey People de-
pend on this area for
K.E. Orr, Major
Base Commander
Canadian Forces Base Chilliwack
VOX 2E0
Re: Military Operation - April 19th, 1995 to May 18, 1995
in Tsilhqot'in Territory
Please be advised that we are lawyers representing the Toosey Band who is a
member of the Tsilhqot'in Nation.
I am in receipt of your letter to Chief Laceese dated March 28, 1995, and received by
the Band Apnil 3rd.
I am instructed to advise you that the Toosey Band members, and others of the
Tsilhqot'in Nation intend to exercise their aboriginal nghts on Lot 774] during the spring and
summer months of this year, inclusive of the period April 19, 1995 to May 18, 1995. Recent
decisions from the Supreme Court of Canada and the B.C. Court of Appeal have affirmed
that aboriginal rights are constitutionally protected, and have not been extinguished. We
refer to the decision of Regina v. Sparrow (1990) 1 S.C.R. 1075 where the abonginal right to
fish for food and cultural purposes was recognized and affirmed. In the landmark decisions
of Regina v. Alphonse and Regina v. Dick (1993) 5 W.W.R. the B.C. Court of Appeal
affirmed the aboriginal right to hunt. In the case Delgamuukw v. British Columbia (1993) 5
W.W.R. 97, the Court of Appeal affirmed that aboriginal nghts had not been extinguished in
the Province.
I am advised that the Toosey Band members, and others of the Tsilhgot'in Nation
intend to fish suckers, lingcod and trout,to hunt and trap muskrat, to hunt moose and deer,
to harvest bird eggs, to gather those plants for medicine which are harvested in the spring,
to camp, and to continue studies, currently underway, in the areas of forestry, wildlife
management, herttage and archaeological sites. This list is not exhaustive.
We advise you of the activities of the Tsilhqot'in people in order that you can take
steps to ensure that military operations do not interfere with the exercise of these aborigi-
nal rights which enjoy constitutional protection.
ours tily, c.c.Minister of Defense
Minister of Indian Affairs
Minister of Justice
Mandell/Pinder
Captain J.L.A.R. Grenier
Toosey Indian Band:
Attn: Chief Francis Laceese
Tsilhqot'in National Government
Attn: Ray Hance
Barrister & Solicito
animal species than
most other areas in
B.C.
The army ap-
pears to be ignorant
of the damage they are
causing even when
they are playing non-
war games. Last year
they destroyed the
dancing ground of the
endangered sharp-
tailed grouse in the
construction ofa base-
ball diamond.
The McCrory
report recommends
that because of the
severity of the cumu-
lative destruction, that
there be an immediate
cessation of all mili-
tary activities and an
alternative training
area be located else-
where.
"Recent court
decisions such as
Sparrow, Alphonse
and Delgamuukw
have affirmed Abo-
riginal rights" contin-
ues Lacesse. "The
Chilcotin also set aside as a hunting and fishing reserve in 1872.
Military activity interferes with our rights by destroying the land--and
the way of life of our people. We will continue to exercise our nghts
on the land, and the military must respect us."
their sustenance. "Our people have hunted game, gath-
ered duck eggs, berries, fish and medicines in this area for
thousands of years", said Chief Laceese.
Biologist Wayne McCrory adds: "In a recent En-
vironment Canada study on endangered species, the
Chilcotin grasslands have more endangered plant and -30-
4 MAY 1995
UBCIC NEWS
Surrey, 6:00 AM, 27 April 95 (FAN) Members of the
Forest Action Network and Earth First have shut down two
lumber mills in Surrey today to protest ongoing forest destruc-
tion by logging giant International Forest Products
(INTERFOR). This action coincides with INTERFOR's AGM
in downtown Vancouver today.
Four activists are chained to cement-filled barrels in
front of the main entrance to the Mackenzie Seizas Mill, and
one activist is locked to a gate. "We will no longer allow
INTERFOR to continue to profit from destruction of the
environment,” stated coordinator Diana Wilson.
"As the second largest logging company in B.C.,
INTERFOR isn't receiving enough scrutiny," charged FAN
spokesperson Greg Higgs. "INTERFOR like MacBlo, is clear-
cutting Clayoqout Sound, and they are also destroying the old-
growth forests of the B.C. Mid Coast at an unprecedented
rate."
FOREST ACTION NETWORK
Protesters Shut Down Interfor Mill, Demand
Timber Rights be Revoked
For more information contact: 251-2477
(for immediate distribution)
INTERFORS's logging plans for 1995 include clear-cutting
the Kwalate, the southernmost intact watershed over 5,000 ha.
on the coast of North America. Furthermore, INTERFOR
plans to clear-cut Talyu Hot Springs, the last un-logged sacred
hot spring in Nuxalk Territory.
At 2 pm today, the Nuxalk, Lil'Wat and Shuswaps
Nations, along with environmental groups VTRAC, Earth
First and FAN are holding a rally outside the Four Seasons
Hotel to protest INTERFOR's clear-cutting on unceded Native
Lands.
This demonstration is part of FAN's campaign to
protect the Great Coast Wild, a vast region of wilderness
along the B.C. mid-coast totalling 3 million hectares. The
Great Coast Wild includes a contiguous pristine area of 1.2
million hectares that encompasses both the proposed Kitlope
Provincial Park and Fiordland Recreation Area (by compari-
son, Clayoquot Sound is 260,000 hectares).
A
sri
i"
ALL NATIVE DAY FESTIVAL
Capilano Reserve Park
¢ North Vancouver,B.¢.
J.
acs ee
es caenall
j
Os
JUNE 21, 1995
3:00 p.m.-10:00 p.m.
Mini Pow Wow
Youth Talent Contest
Entertainment
Traditional Foods
Games for Kids
Kareoke
Arts & Crafts Sales
Bone/Lahal Games
Raffles & 50/50 Draws
Participation from Aboriginal Organizations is required to make this event sucessful. Jfyou or your
organization would like to volunteer and help organize or participate in the events,
PLEASE CALL KAT as soon as possible @ (604) 876-1212
MAY 1995
UBC AEWS
NIAB Threatened With the Axe!
he federal government's min-
ister of Health, Diane Marleau
has imposed a potential death
"First Nations must fight for their right
to medical heaith care"
- Carole Dawson-
Once again by presenting
limited options for health care the
Canadian Government is demonstrat-
ing how they single out First Nations
threat upon the heads of First Na-
tions citizens living off reserve. She is proposing to remove
their entitlement to Non-insured Health Benefits.
Since British Columbia's First Nations have engaged
in the Treaty Negotiations process, the federal government's
cabinet has been involved in seek and kill missions of any
benefits that the First Nations have received in Ottawa.
No benefits to First Nations have been spared from
Ottawa's brutal cuts. For some time the federal government
has been predictable in their hidden agenda. The farce that
they have engaged First Nations in - called "partnerships"
can prove to be anathema to First Nations.
The so called "partnerships" that the Health Canada,
Medical Services Branch and the Assembly of First Nations
have engaged in are hypocritical. To wit, the so called
partnership between the AFN and MSB in regards to the
current "Pre-Consultation and future consultations" on
"pre-transfer and the transfer process."
These partnerships are not honourable or worth the
paper they are on, due to the machinations and manipula-
tions of the federal government. The recent terrorization of
First Nations citizens through, the media - demonstrates
this fact in point. This terrorization campaign emanates
from the Health minister's office in threats to remove NIHB
from off-reserve First Nations citizens.
The Health Minister's powers are pervasive and often
perverted. They in fact can mean life or death to First
Nations citizens. The Health Minister's habit of withhold-
ing information and making arbitrary decisions and then
conferring with First Nations is the farthest thing from
consultations or partnerships.
The federal cabinet, Privy Council and Treasury
Board have long targeted First Nations as an endangered
species and for their long term goal they hope -eventual
extinction. The Feds heinous attempts to eliminate First
nations must be challenged, exposed, over-turned and
crushed to smithereens.
With politicians and bureaucrats in Ottawa
role-modelling massive racist based propaganda - is it any
wonder that their flames of hatred are being fanned by
crackpots, nght within their institutions? Ottawa is a place
of disease, denial, sickness, illness, sado-masochism, and a
haven for the molesters of human rights.
for "cruel and unusual punishment." In fact, a federal
prisoner is given far more benefits than a First Nations
individual.
What will happen if the Health Minister has her way
and the only First Nations people to be eligible for health
benefits are those: 1) who live on-reserve and 2) are also on
social assistance?
It is my opinion that by exercising such punitive
options, the following will definitely occur: 1) increase in
morbidity, 2) increase in mortality, 3) to qualify for these
health benefits, some individuals who live off-reserve and
are marginalized, and have no or low income, have special
health needs - and may have to return to their reserve to
qualify for health benefits. This group could include
diabetics, cardiac patients, quadrapalegics and others too
numerous to mention. Should this happen the fragile
infrastructure, lack of adequate housing, sanitation, etc. on-
reserve would be drastically impacted. Overall the health
of the community will be greatly compromised and jeopard-
ized.
First Nations must fight for their nght to medical
health care. The federal government has mismanaged the
resources of Canada for so many decades and must not be
permitted to exact punishment upon the innocent for their
stupidity and ignorance. Were First Nations to set aside the
process of treaty negotiations and to deal strictly with the
loss of land, liberty and resources over the last 500 years
our oppressors would be absolutely unable to provide
adequate compensations.
The immorality of this government must not be
tolerated and it must be cured. First Nations will not be
targets or scapegoats for the government's latest threats of
bureaucratic and political terrorism upon First Nations. I
will continue to alert, if possible rally, and create a counter-
attack upon the attempted erosion of our few rights. There
are thousands of First Nations people who live off-reserve,
for health, for employment and educational reasons. As
well, their reserves all too often lack adequate housing and
services to meet their needs. If this large group of people
were to have the federal governments cut-off their health
benefits, this would be anathema. Far too few First Na-
tions employees are receiving an adequate salary let alone
are part of a group health plan at work. (Continued page 7)
MAY 1995
VaCTC NEWS
( Health - Continued from page 6)
It is my contention that the Federal government is
scrambling to abort their fiduciary trust responsibility with
First Nations before the treaty negotiations and residential
school processes are too far advanced.
First Nations have longed for freedom from the oppres-
sive regimes of various government. However, self-govern-
ance packages must adequately and appropriately meet the
needs of our constituents. Therefore, while we do not want the
abusive legacy of bureaucracy, we do need reasonable fund-
ing, staffing, infrastructure and all the other benefits and perks
that the federal government have generously given themselves
to administer our affairs. Anything less would be genocide.
The Canadian government needs to give assurances to
all Canadians that their health care will not be removed,
eroded, destroyed or tampered. These assurances, especially
must be given to First Nations, in particular, because dues to
the historical continuum of abuse our health care needs far
exceed those of others.
Many First Nations members are embarked on healing
journeys that deliver them from the continuum of abuse and its
evil circle and cycle. Hopefully as these people heal others
will also heal. Then, rather than dealing with health crises we
can at last focus on preventative and holistic measures to be
whole and healthy persons.
Union of B.C. Indian Chiefs
Your are Cordially invited
27th Annual General Assembly
October 24, 25, 26, 1995
Location: To Be Announced
-30-
By Carole Dawson,
Health Planner, Kwakiutl District Council
For futher information contact Mildred Poplar at the
Union of B.C. Indian Chiefs office in
Vancouver at (604) 684-0231.
Ontario Court Rules Boycott Legal
(for immediate release: May 19, 1995)
Madame Justice Frances Kiteley (Ontario Court General Division) ruled this morning against Daishowa Inc.'s
application for an interim injunction to restrain Lubicon Lake Cree Nation supporters from pursuing a boycott of
Daishowa products.
Daishowa Inc. is part of the Daishowa group of companies (owned by the gigantic Daishowa Paper Manufactur-
ing Company of Japan) which has been the focus of a campaign to prevent Daishowa from acting on a licence to clear-
cut on contested Native land in northern Alberta. Friends of the Lubicon say that 47 companies representing over
4,300 retail outlets across Canada have chosen alternate paper suppliers. Daishowa is claiming $5 million in lost sales.
Today's decision marks an important victory for the Friends of the Lubicon, the Lubicon Lake Cree Nation, and
for the people of Canada in general.
What it means for the Friends of the Lubicon is that our ability to effectively express our opposition to
Daishowa's plans is left in tact. The Lubicon issue is one which addresses profound issues for Canadian society and as
long as Canadian Companies and consumers are receiving Daishowa products we have to have the ability to discuss
the issues, share information, and act on our conclusions at every level - from Daishowa boardrooms to the street.
Today's court decision means that Lubicon supporters can still contact Daishowa customers and furthermore, we can
raise the issue with their customers, people who ultimately receive Daishowa paper bags when they shop at certain
stores.
The Daishowa boycott represents an effective and peaceful means for ordinary Canadians to ensure that a com-
pany which is operating in Canada complies with basic human nights and environmental concems and now more than
(Continued page 11)
MAY 1995 a
UBCIC NEWS
President's Message (Continued from page 1)
philosophies of Indigenous Peoples continue to exist to the present
day. The media is mainly concerned with safe-guarding the
interests of settler governments, their theft ofland, natural resources,
the prestige they have under the status quo. The media makes it
difficult for any right minded person to champion the recognition
of the Indigenous Peoples rights. What has resulted is fear-
mongering and mass confusion amongst the general public. This
also illustrates that, as Indigenous Peoples, we are still controlled
or manipulated by a colonial mind set. All in all the strategy of the
settler governments in Canada remains the same: impose the
extinguishment agenda by whatever means available including the
manipulation of the media or with the full and conscious
collaboration of the media.
As we have seen in the recent news reports, the bottom line
continues to be conjuring fears that a settlement in the Land
Question is going to be too costly, that Canadian citizens shall lose
their lands, that Indians will get preferential benefits based on race,
etc. Never considered in these points are the costs already paid by
the Indigenous Peoples and especially the future costs if land
claims are settled based on the extinguishment policies of the
Government of Canada. In these policies, we are being asked to
completely and utterly surrender all! of our lands, resources, and
rights in return for a few dollars and a few acres of variously
categorized lands.
For this pittance we are expected to:
SURRENDER our Homelands forever,
SURRENDER ourstatusas distinct peoples under the international
definition of the term;
SURRENDER our Economic Base for a one time payment of
settlement dollars;
SURRENDER our Indigenous Nation Governments and get in
return municipal self-government models;
SURRENDER the principle of Informed Consent because of the
“‘take it or leave it’’ tactics of the federal and
provincial governments.
Citizens of the Indigenous Nations, do not believe the by-
lines in news reports that Canada cannot afford to settle with us. It
is we who cannot afford to settle based on the current policy dictates
of Canada and its provinces and territories. We cannot believe
everything we read in the newspapers, magazines, hear or see on
radio and television. What we must believe and continue to protect
is that we continue to existas distinct Peoples, with identifiable and
unextinguished title to homelands, that we have the right of self-
Resource Center Update
LL project which has been a long time in the
~ planning and preparation stages is going to go
ahead full steam in the Resource Centre over the
summer. " Sarah and I are re-cataloguing and re-classifying
the entire collection at the same time as we are creating an
automated library catalogue. The end result will be a
Library of Congress classified collection with much
improved subject and keyword access through an
automated catalogue.
In order to free up the time for Sarah and [ to
concentrate on this important cataloguing project, there will
be some restrictions on access to the Resource Centre
between May Ist and August 31st.
Access will be restricted to researchers trom Bands,
Tribal Councils, and other First Nations organizations who
are familiar with using the Resource Centre and who will
not require Resource Centre staff to take time away from
the cataloguing project to provide orientation and reference
SeTvICe.
If you need to contact us during this time period to
make arrangements to access the Resource Centre, please
FAX us at 684-5726 and we will get right back to you by
phone or FAX to arrange a convenient time. If you find
yourself in Vancouver and have not made prior
arrangements to come in, come to the 3rd floor reception at
342 Water and staff there will phone up to the Resource
Centre.
It is difficult for librarians to restrict access
to information because it is in our nature to want
to provide information. However, we have to view
this temporary access restriction as “‘short term pain for
long term gain’’.
We have set a very ambitious goal for ourselves, and
hope to catalogue 200 books per week. We will report on
the progress over the summer in future newsletter issues.
determination, that we have distinct languages and histories that Pag
are expressed through our distinct cultures and spiritual rites. This
is the inheritance of our future generations, we cannot sell itor trade UBCIC Librarian
it for mere privilege. :
MAY 1995
UBCIC NEWS
NATIVE OUTREACH
FOR WOMEN
ur program is called the Native
Outreach for Women and our sponsor
- group is the B.C. Native Women's Soci-
ety. Outreach was introduced in 1972 and
provides employment services and counselling
to First Nations people,(women, menand youth)
; disabled, and other target groups whose needs
are not Sieently being met by existing services within the Canada
Employment Centres.
To date the program has 257 active clients and over 1,300
in-active clients in which 50% are women and 50% are men. As
the years progressed, this program has become widely known
throughout the interior of British Columbia and services areas such
as Kamloops, Ashcroft, Bonaparte, Cache Creek, Barrier and
Chase. (other areas is requested)
Goals and Mandates:
- Provide Employment related services to remote areas for
First Nations people.
- Extend employment assistance to the public in the
Interior of B.C.
- Develop innovative, experimental approaches for groups
who could not obtain services that they required within
existing structures.
- Enhance working relationships with existing organiz-
ations, institutions and First Nations Communties.
Services Provided:
Referrals/Placements to job postings
Employment Counselling & Job Search Techniques
Skills Development Courses
Resume Information & Job Interview Preparation
Post-Secondary Course Information
Referrals to Educational Institutes
Access to Government Employment Opportunities
SIN & Status Card Application & More
for more information contact:
Native Outreach for Women
#335-345 Yellowhead Highway
Kamloops, B.C. V2H 1H1
Phone (604) 828-9796 Fax (604) 828-9803
ELECTIONS '95
Cayoose Creek Band Council
Chief Perry Redar’ (Acclamation)
{ \
Councillor Yvonke ge (Re-elected)
XN v
Anderson Lake Indian Band
Chief Harry ODonaghy
Councillor Darla Thevarge
Councillor Willard Abraham
Nameis First Nation
The elections for Chief Councillor for the 'Namgis First Nation
were concluded Wednesday May 10, 1995, and resulted in a
new Chief Councillor who takes office effective immediately.
The new Chief Councillor is William T. Cramner who will
serve a two year term.
If you have any material that you would like
to see in the next edition of the Union of B.C.
Indian Chiefs Newsletter, please forward to
our Vancouver office by fax or mail as soon
as possible. to the attention of "UBCIC
NEWSLETTER".
We would appreciate the volume of
information be kept to minimum so others can
benefit from this service. Please do not fax
business cards. Next deadline is JUNE 9.
FAX (604) 684-5726.
MAY 1995
UBCIC NEWS
Band Appeals to the Highest Court in the Land
On April 12, 1995, the Supreme Court of Canada ordered that the UBCIC be allowed to intervene in the
Opetchesaht Case.
The facts of the case involve a B.C. Hydro right of way for the purpose of power transmission lines on one of
the Opetchesaht Band's reserves. The federal government granted B.C. Hydro a permit under section 28(2) of the
Indian Act. The permit said that B.C. Hydro could use the reserve for however long they needed to for the power
transmission line. The Band argued that the Crown had no authority to issue a permit for an indefinite period of
time. The Band asserted that the Minister only had authority to grant a permit for a certain fixed period, such as
two years or five years or whatever.
In the Supreme Court, the judge accepted the Band's view and decided that the Crown had no authority to
issue a permit allowing B.C. Hydro to use the reserve land for an indefinite length of time. The Crown and B.C.
Hydro appealed this decision to the B.C. Court of Appeal. The Court of Appeal held that the permit of B.C. Hydro
was valid and thus B.C. Hydro could use the reserve land for an unlimited period of time.
The Band then appealed to the highest court in the land a final decision on whether a permit can allow a non-
Indian to use or occupy reserve lands for an unlimited period of time.
The Supreme Court of Canada has now agreed to hear the arguments of the UBCIC in support of the Band's
position. The granting of section 28(2) permit to a third party does not require the consent of the Band members as
does for example a surrender for leasing reserve land.
If the Court of Appeal decision stands this will allow the Crown to in effect alienate reserve land to third
parties without following the proper procedure of obtaining the informed consent of the people. Informed consent is
the fundamental principle enshrined in the Royal Proclamation of 1763. The UBCIC will be asking the Supreme
Court of Canada to give effect to the principle of consent.
The Importance of Border Crossing Issues for First Nations
Border crossing at the 49th parallel between Canada and the United States continues to be a problem for
First Nations who attempt to visit families or attend annual events across the border. The Treaty or
Amity, Commerce and Navigation of 1794 - also known as the Jay Treaty is central to the aboriginal
rights of First Nations to conduct their affairs across the border. The Canadian - U.S. Customs are
harassing First Nations by questioning and searching the people, This is being done because they do not
recognize the First Nations. Any First Nation who feels they have been unduly searched and questioned
should call their Band Office or contact the Union of B.C. Indian Chiefs at 3rd Floor, 342 Water Street
in Vancouver or phone (604) 684-0231.
10 MAY 1995
CANADIAN ENVIRONMENTAL GROUPS AND FIRST NATIONS
UBCIC NEWS
CONDEMN SHAM INDUSTRY Eco-LABEL
(CANADA, TUESDAY, 25 APRIL, 1995)
| LF x industry process to create
7} minimal standards for eco-
* " labelling of wood products was
condemned today by over 50 environ-
mental groups, First Nations peoples,
unions, foresters and ecoforestry advo-
cates from across Canada. The groups
released a joint statement calling the
process a greenwashing scam and for it
to be abandoned. The participants in the
process, which is being facilitated by the
Canadian Standards Association (CSA),
begin meeting today in Vancouver to
continue this process.
The forest industry trade group,
the Canadian Pulp and Paper Associa-
tion paid the CSA a million dollars to
create standards intended to define what
constitutes responsible logging, stand-
ards which would allegedly be worthy of
an "eco-lable". The CSA has intended to
bring these standards to the June meeting
of the International Organization of
Standardization (ISO) for international
consideration. However, the standards
being proposed would allow products
derived by large-scale clear-cutting and
chemical pesticide use to be called
ecologically responsible: all major
environmental groups have come
forward today to condemn it.
"An eco-label is intended to
guarantee customers that their purchases
are helping to protect the environment,"
said Tamara Stark of Greenpeace
“The CSA has commited a serious error by failing to
acknowledge the rights and interests of aboriginal
peoples across this country." - Russel Diabo -
Canada. "This process is nothing more
than the industry trying to buy a green
stamp of approval for the status quo and
will serve only to jeopardize Canada's
reputation nationally and internationally.
The NGO statement strongly
supports the development of an interna-
tional ecolabel for wood products. To
promote ecologically responsible for-
estry, many groups have been involved
nationally and internationally to create
certification processes that consumers
can trust.
"People rely on the CSA to
develop product standard that protect the
health and welfare of people who buy the
products," said Elizabeth May of Sierra
Club of Canada. "The health of our
environment is integral to the health of
Canadians and standards that enshrine
clear-cutting and other destructive
logging practises do nothing to protect
our long-term interests."
Other certification processes, such
as the one promoted by the Forest
Stewardship Council, have required the
full involvement of First Nations,
emphasizing that the nghts of indig-
enous people to own, manage, and
conserve their natural resources on their
territories must be acknowledged and
respected. The initiative funded by the
CPPA not only does not address the right
and concerns of First Nations, it has not
facilitated the involvement of First
Nations in developing the standards.
"The Canadian Standards Asso-
ciation has committed a serious error by
failing to acknowledge the rights and
interests of aboriginal people across this
country," said Russel Diabo, spokes
person of Algonquins of Barrier Lake
First Nation. "The CSA should realize
that aboriginal peoples are significant
land users in the forest of Canada."
For more information please contact:
Russel Diabo, Algonquins of Barrier
Lake (613) 233-8686
Tamara Stark, Greenpeace Canada in
Vancouver (604) 253-7701 ext. 209
(Ontario Rules Boycott Legal - Continued from page 7)
ever these tools have to be available to us. That is why today's court decision is an important one for all Canadians who
share our concern that corporations and governments, like individuals, have to be held accountable for their actions.
If Daishowa truly wants to end the boycott, they don't need to take us to court. All they have to do is make a clear,
public and unequivocal commitment not to cut or to buy wood cut on unceded Lubicon Lake Nation territory until a land
rights settlement is reached with both levels of government and a timber harvesting agreement negotiated with the Lubicons
which respects Lubicon wildlife and environmental concerns.
We don't think that their customers are any more impressed than we are when Daishowa resorts to court actions to
shut down their opposition instead of merely making the simple, responsible decision being asked of them.
For more information, please contact: Friends of the Lubicon at (416) 783-4694,
Clayton Ruby, Legal Counsel, at (416) 964-9664, or Lubicon Chief Bernard Ominayak at (403) 436-5652
MAY 1995
11
UBCIC NEWS
UNION OF B.C. INDIAN CHIEFS
TION FORM
NAME:
FOR OFFICE USE ONLY
ADDRESS: DATE RECEIVED:
CHEQ/M.O. #
EXPIRY DATE:
PROVINCE/STATE: POSTAL/ZIP CODE:
SCRIPTION
NLETTER INDIVIDUALS: $35.00
NCLIPPING MEMBER BANDS: $75.00 INDIVIDUALS: $100.00
TOTAL AMOUNT ENCLOSED $
Please make cheque or money order payable to: UNION OF B.C. INDIAN CHIEFS, 3RD FLOOR - 342
WATER STREET, VANCOUVER, B.C., V6B 1A1
CHIEFS MASK BOOKSTORE
Ke
BOOKS ARTS & CRAFTS
- FIRST NATIONS (> "A ve LER Ve - JEWERLY (GOLD AND
SILVER)
- ABORIGINAL ISSUES
- POTTERY
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- T-SHIRTS
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ART
- MASKS
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CALL, WRITE OR - AND MUCH MORE!
DROP IN TODAY!
CONSIGNMENT ITEMS ACCEPTED
Owned and operated by the Union of B.C. Indian Chiefs
12 MAY 1995
-
Union of B. C. Indian Chiefs
NEWSLETTER
MAY 1995
Message From The President
The
subtlety and sophistication of
the Canadian governments'
strategy is to have bands (first nations)
and/or tribal councils accept, co-operate
and participate in the various " management
processes" on the basis of delegated
authority. If bands or tribal councils
participate on the basis of delegated
authority they will be perceived to be clearly
consenting to the constitutional status quo,
that being the recognition of Ottawa and
Victoria as the constitutional be all and end
all on matters dealing with Indigenous
Peoples. If we do this, we shall be
undermining our assertion of inherent
p o l i t i c a l rights f l o w i n g from our
unextinguished Title to our homelands.
The expectation here by federal and
provincial governments is that we will
carry on negotiations, band by band, that
will conclude with "self-government
agreements" limited to municipal powers
only (the Sechelt model). It would then
follow that as 'federal municipalities,' we
MAY
1995
will be expected to operate under existing
policies and legislation. Furthermore, we
will be expected to operate'' within existing
resource levels" and to 'cost share'
programs and services using existing band
revenues or revenues raised from some
form of taxation forced upon our people.
We will be expected to abandon our tax
immunity as well.
So by using the rhetoric of "Indian
self-government,'' the federal government
dodges all its trust obligations. In all of
these efforts, the federal and provincial
governments expect us to give our consent
and thus they shall be held blameless of any
allegations of genocide against Indigenous
Peoples.
We must remember that human
rights violations against our Peoples are
not new. There are Canadian citizens who
fully support the position of Indigenous
Nations but there are many others that
cannot bring themselves to support our
Peoples because they may be ignorant of
the facts related to the Land Question and
aboriginal rights. Certainly the media
reports of late do not reflect the facts of the
issue. Rather than helping, news reports
seem to be aiming at inciting the public
against our cause.
The media reflects more the oldtime philosophies that church, monarchy
and state have promoted since early times:
questioning whether Indigenous Peoples
have a right to life, freedom and the basic
dignity of being considered members of the
human race. This racist point of view has
never been abandoned and remains as an
undercurrent, hampering the Indian Nations
who are fighting to protect their basic
political and human rights.
We need not look far to see signs of
"It is we who cannot afford to settle
based on the current policy dictates of
Canada."
- Chief Saul Terry-
this. Look at thejudgment handed down by
Chief Justice McEachern in Delgamuukw
vs The Queen i n 1991. We continue to be
victimized by these misguided theories
which continue to be given new life by
sensational and biased news reporting
practises.
It seems evident that news reporters
know very little about what Indian Nations
are fighting for or against and cannot
recognize nor appreciate the genocidal
pattern that exists in government policies.
They do not see the contradiction that while
Canada promotes a Charter of Rights and
Freedoms, when it comes to Indian Nations
the rules are applied or interpreted
differently.
Furthermore, we never see news
reporting reflecting the fact that the ancient
(Continued page 8)
INSIDE THIS ISSUE..
2. Education Update
3. First Nation Press Releases
4. Toosey
6. Health
7. Lubicon
8. Resource Centre Update
10. Legal Update
- Opetchesaht
- Border Crossing
UBCIC NEWS
Education Update
To: Chiefs & Council, Education Coordinators, B.C. First
Nations, Bands & Tribal Councils - May 8,1995
MEMORANDUM
R E : Direct transfer of provincial tuition dollars to First Nations for 1995-96.
On April 27, 1995, DIAND/BC Region announced that, on an
optional basis, it would transfer 1995-96 provincial tuition
dollars directly to bands or duly mandated tribal councils or
education authorities, B.C. Region asked that bands complete a
form by June 1, 1995 indicating their decision on payment of
provincial tuition dollars for 1995-96.
The UBCIC Education Committee has reviewed DIAND's
announcement, and based on this review, the Union of B.C.
Indian Chiefs recommends that First Nations decline to
participate in DIAND's unilateral direct transfer charade.
In particular, the UBCIC recommends that First Nations
not complete DIAND's form and disregard DIAND's selfproclaimed deadline.
DIAND's 'program design' for the direct transfer was not
negotiated with First Nations. It was developed unilaterally by
B.C. Region. Under the terms and conditions announced by
DIAND, there will be no real First Nation control over provin-
cial tuition funding. As a result, DIAND's direct transfer option
will do nothing to put First Nations in a stronger position to
negotiate (or renegotiate) LEAs with school districts. In fact,
First Nations will be in a worse position since DIAND is doing
away with the "signing bonuses" to cover First Nations' cost for
first-time L E A negotiations. In addition, DIAND's June 1
deadline is deliberately intended to undercut ongoing negotiations between UBCIC and the Province for multi-year education
agreement (scheduled to conclude by June 30). Finally, DIAND
plans to impose mandatory capped block funding transfers in
1996-97 for all First Nations programs and services, including
education. 1995-96 is merely a dry-run for next year's plan to
massively off-load federal fiduciary responsibilities and costs for
Indian education onto First Nations and the Province. Therefore, UBCIC is recommending that First Nations not cooperate
with or participate in the latest Federal Government "buffalo
jump" strategy. Counter-measures will be considered in the
near future by the UBCIC Education Committee and UBCIC
Chiefs Council.
PRESS R E L E A S E
For immediate release
Tribal police graduates honoured by Indian Chiefs
VANCOUVER, May 13, 1995 - The Union of B.C. Indian Chiefs today honoured the tribal police candidates graduating this
weekend from the First Nations Tribal Justice Institute in Mission, B.C. In a message to the FNTJI staff and students, Chief Saul
Terry, President of the UBCIC, acknowledged the graduates' perseverance through "a hard, grueling training period. Your efforts I
am certain will open many more doors to opportunities which may not have existed in the recent past for Indigenous peoples.
Trail-blazing overgrown paths in this 'settler socitey' is never easy, especially when we have to be at least twice as good to be
recognized as equal. I congratulate you on your success and wish you wisdom, strength, and good luck in the important work that
lies ahead."
Commenting on the role of tribal police in First Nations' quest for self-determination, Chief Terry stated: "The communities from
which you come are proud that your have stepped forward to lead in these times, when clear thinking and high moral standards of
conduct are required for our peoples to pass successfully through the gauntlet of decolonization. Now as never before, our nations
need to stand tall with confidence and determination to protect and build upon our inherent political and human rights for the
future generations."
-30Contact: Chief Saul Terry, UBCIC, (604) 684-0231
Jim Maloney, FNTJI, (604) 826-3691
2
MAY 1995
UBCIC NEWS
FIRST NATIONS PRESS RELEASES
Nanoose First Nation
Cheslatta Carrier Nation
(for immediate release)
B.C. B A C K S DECISION T O K I L L K E M A N O :
ANGUS REID S U R V E Y 40 P E R C E N T SAY
'NO COMPENSATION'
(for immediate release)
PROVINCE T O ISSUE PERMIT T O E X C A V A T E
600 NANOOSE BURIALS
Cheslatta Nation, B.C. (21 March 1995) - A solid block
of B.C. residents, 40% are totally opposed to paying Alcan any
compensation for cancellation of Kemano 2, according to a
recent Angus Reid survey. The B.C. government's decision to
kill the project is backed by 54% of British Columbians,
according to the survey commissioned by Cheslatta.
Cheslatta Chief Marvin Charlie said the results show
Premier Harcourt's government made the right decision. ' 7
At 4:30 yesterday our First Nation received notice of a
Permit which allows for the removal of the 248 existing burials,
and additional burials named in the covering letter to the
Permit, at out burial ground at Craig Bay.
In reality all of the 248 exposed burials will be removed.
Hundreds more will be exposed and removed. This desecration
will take place despite repeated requests by the Nanoose First
Nation that their sacred burial grounds be protected.
have said all along Alcan doesn't deserve compensation since
On November 19, 1994, the Nanoose First Nations
taxpayers weren't involved in the decision to approve the
petitioned the Supreme Court of British Columbia to quash all
project.''
previous Archaeological Permits issued on the Craig Bay site.
Support for the Jan. 23, 1995 decision to cancel Kemano
Mr. Justice Hutchison, in quashing these permits said that
2 was strongest in the Vancouver/Burnaby area with 63% in
issuing the first two permits were unlawful and the issuing of
favor. The B.C. Interior, which was most divided over the
the third one was ' 'dirty pool.'' He also ordered that before a
cancellation decision, was surprisingly the area most against
new permit could be issued by the Archaeology Branch for the
any compensation for Alcan at 46%.
Craig Bay Site that "the Minister should allow for some
hearing of the matter.'' This hearing has not taken place.
The survey indicates B.C. residents are upset with
Ottawa's attempts to duck responsibility for project
The Nanoose First Nation vehemently oppose the
cancellation. There is little support for compensation by just
issuance of this permit and have not yet had the opportunity to
one level of government: 8% feel B.C. is solely responsible
express their opposition in the form ordered by Judge
while only 3% feel Ottawa is solely responsible. If
Hutchison. Chief Wayne Edwards stated: "We will use all
compensation is to be paid, the provincial and federal
means at our disposal to prevent the disinterment of our
governments should share the cost, said 41%.
ancestors and the further desecration of our ancient burial site.''
The issuance of this fourth permit while the matter is before the
As expected, support for the decision to cancel was
Court of Appeal of British Columbia is not only "dirty pool", it
strongest among provincial NDP supporters at 77%. However,
is an abuse of process.
provincial Liberals and Reformers also strongly supported the
decision, at 56% and 37% respectively. Federal Reformers were
44% in favor. As for compensation, 43% of provincial
JUST REMEMBER, OKA INVOLVED A BURIAL
Reformers said no compensation should be paid to Alcan.
GROUND!!
The Angus Reid poll is based on a province-wide
random sample of 600 British Columbians between March 1
and 9. It's considered accurate within 4%, 19 times out of 20.
Last summer's B.C. Reid Report, by the Angus Reid
Group, found British Columbians were very familiar with
Kemano 2 and warned that the B.C.U.C. might face "a strong
public backlash" if the project was allowed to go ahead. That
survey found "opposition to Kemano is quite broadly based
across the province."
For further information please contact Dana Wagg,
Writer-Researcher
MAY
1995
SCENES FROM THE CRISES: A Canadian soldier and
masked Mohawk warriorface off in tense standoff at Oka,
which began over expansion of a golf course
3
UBCIC NEWS
Military Destroying Rare Grasslands of Inte
Military
personnel from Canadian Forces Base Chilliwack plan to play war games again in Chilcotin
territory - on land which sustains the Toosey community and is a critical habitat for many endangered
species of wildlife. Toosey Band received notice on April 3rd that the military would be conducting exercises
from April 11 to May 18. This is contrary to promises they would not carry on activities this spring.
According to a
study conducted by
Toosey Band consultant Wayne McCrory,
previous Military exercises have concentrated
in the most sensitive
areas of the so-called
"Chilcotin M i l i t a r y
Lot." Numerous small
lakes in this unique
grassland ecosystem
are used by tens of thousands of migratory waterfowl. Military activity threatens this land,
lake and wetland complex, the most productive duck breeding area
in the province-a unique
area o f C a n a d a .
Chilcotin heritage and
archeological sites are
also being destroyed.
animal species than
most other areas in
B.C.
The army appears to be ignorant
Re: Military Operation - April 19th, 1995 to May 18,1995
of the damage they are
in Tsilhqot'in Territory
causing even when
Please be advised that we are lawyers representing the Toosey Band who is a
they are playing nonmember of the Tsilhqot'in Nation.
war games. Last year
I am in receipt of your letter to Chief Laceese dated March 28, 1995, and received by
they destroyed the
the Band April 3rd.
I am instructed to advise you that the Toosey Band members, and others of the
dancing ground of the
Tsilhqot'in Nation intend to exercise their aboriginal rights on Lot 7741 during the spring and
endangered sharpsummer months of this year, inclusive of the period April 19, 1995 to May 18, 1995. Recent
tailed grouse in the
decisions from the Supreme Court of Canada and the B.C. Court of Appeal have affirmed
construction of a basethat aboriginal rights are constitutionally protected, and have not been extinguished. We
refer to the decision of Regina v. Sparrow (1990) 1 S.C.R. 1075 where the aboriginal right to
ball diamond.
fish for food and cultural purposes was recognized and affirmed. In the landmark decisions
The McCrory
of Regina v. Alphonse and Regina v. Dick (1993) 5 W.W.R. the B.C. Court of Appeal
affirmed the aboriginal right to hunt. In the case Delgamuukw v. British Columbia (1993) 5
report recommends
W.W.R. 97, the Court of Appeal affirmed that aboriginal rights had not been extinguished in
that because of the
the Province.
severity of the cumuI am advised that the Toosey Band members, and others of the Tsilhqot'in Nation
lative destruction, that
intend to fish suckers, lingcod and trout,to hunt and trap muskrat, to hunt moose and deer,
there
be an immediate
to harvest bird eggs, to gather those plants for medicine which are harvested in the spring,
to camp, and to continue studies, currently underway, in the areas of forestry, wildlife
cessation of all milimanagement, heritage and archaeological sites. This list is not exhaustive.
tary activities and an
We advise you of the activities of the Tsilhqot'in people in order that you can take
alternative training
steps to ensure that military operations do not interfere with the exercise of these aborigiarea be located elsenal rights which enjoy constitutional protection.
This spring exwhere.
ercises include live fire
Yours truly,
c.c. Minister of Defense
demolition, small arms
"Recent court
Minister of Indian Affairs
training, vehicle movedecisions
such as
Minister of Justice
Mandell/Pinder
ment and helicopter acSparrow,
Alphonse
Captain J.L.A.R. Grenier
Toosey Indian Band:
tivity. According to
and Delgamuukw
Barrister & Solicito
Attn:
Chief
Francis
Laceese
Chief Francis Laceese,
have affirmed AboTsilhqot'in National Government
the Toosey People deriginal rights" continAttn: Ray Hance
pend on this area for
ues Lacesse. "The
their sustenance. "Our people have hunted game, gathChilcotin also set aside as a hunting and fishing reserve in 1872.
ered duck eggs, berries, fish and medicines in this area for
Military activity interferes with our rights by destroying the land—and
thousands of years", said Chief Laceese.
the way of life of our people. We will continue to exercise our rights
on the land, and the military must respect us."
Biologist Wayne McCrory adds: "In a recent EnK.E. Orr, Major
Base Commander
Canadian Forces Base Chilliwack
VOX 2E0
vironment Canada study on endangered species, the
Chilcotin grasslands have more endangered plant and
4
-30MAY
1995
UBCIC NEWS
FOREST ACTION NETWORK
Protesters Shut Down Interfor Mill, Demand
Timber Rights be Revoked
(for immediate distribution)
Surrey, 6:00 A M , 27 April 95 (FAN) Members of the
Forest Action Network and Earth First have shut down two
lumber mills in Surrey today to protest ongoing forest destruction by logging giant International Forest Products
(INTERFOR). This action coincides with lNTERFOR's A G M
in downtown Vancouver today.
Four activists are chained to cement-filled barrels in
front of the main entrance to the Mackenzie Seizas Mill, and
one activist is locked to a gate. "We will no longer allow
INTERFOR to continue to profit from destruction of the
environment," stated coordinator Diana Wilson.
"As the second largest logging company in B.C.,
INTERFOR isn't receiving enough scrutiny," charged FAN
spokesperson Greg Higgs. "INTERFOR like MacBlo, is clearcutting Clayoqout Sound, and they are also destroying the oldgrowth forests of the B.C. Mid Coast at an unprecedented
rate."
INTERFORS's logging plans for 1995 include clear-cutting
the Kwalate, the southernmost intact watershed over 5,000 ha.
on the coast of North America. Furthermore, INTERFOR
plans to clear-cut Talyu Hot Springs, the last un-logged sacred
hot spring in Nuxalk Territory.
At 2 pm today, the Nuxalk, Lil'Wat and Shuswaps
Nations, along with environmental groups VTRAC, Earth
First and FAN are holding a rally outside the Four Seasons
Hotel to protest lNTERFOR's clear-cutting on unceded Native
Lands.
This demonstration is part of FAN's campaign to
protect the Great Coast Wild, a vast region of wilderness
along the B.C. mid-coast totalling 3 million hectares. The
Great Coast Wild includes a contiguous pristine area of 1.2
million hectares that encompasses both the proposed Kitlope
Provincial Park and Fiordland Recreation Area (by comparison, Clayoquot Sound is 260,000 hectares).
For more information contact: 251-2477
ALL
NATIVE
DAY
FESTIVAL!
Capilano Reserve Park
North Vancouver,B.C.
JUNE 21, 1995
3:00 p.m.-10:00 p.m.
Mini P o w W o w
Traditional Foods
A r t s & Crafts Sales
Y o u t h Talent Contest
Games for Kids
Bone/Lahal Games
Entertainment
Kareoke
Raffles & 50/50 Draws
Participation from Aboriginal Organizations is required to make this event sucessful. If you or your
organization would like to volunteer and help organize or participate in the events,
P L E A S E C A L L K A T as soon as possible @ (604) 876-1212
MAY 1995
5
NIHB Threatened With the Axe!
7
1 he federal government's min"First Nations must fight for their right Once again by presenting
limited options for health care the
ister of Health, Diane Marleau
to medical health care"
Canadian Government is demonstrathas imposed a potential death
- Carole Dawsoning how they single out First Nations
threat upon the heads of First Nafor "cruel and unusual punishment." In fact, a federal
tions citizens living off reserve. She is proposing to remove
prisoner is given far more benefits than a First Nations
their entitlement to Non-insured Health Benefits.
individual.
Since British Columbia's First Nations have engaged
What will happen if the Health Minister has her way
in the Treaty Negotiations process, the federal government's
and the only First Nations people to be eligible for health
cabinet has been involved in seek and kill missions of any
benefits are those: 1) who live on-reserve and 2) are also on
benefits that the First Nations have received in Ottawa.
social assistance?
No benefits to First Nations have been spared from
It is my opinion that by exercising such punitive
Ottawa's brutal cuts. For some time the federal government
options, the following will definitely occur: 1) increase in
has been predictable in their hidden agenda. The farce that
morbidity, 2) increase in mortality, 3) to qualify for these
they have engaged First Nations in - called "partnerships"
health benefits, some individuals who live off-reserve and
can prove to be anathema to First Nations.
are marginalized, and have no or low income, have special
The so called "partnerships" that the Health Canada,
health needs - and may have to return to their reserve to
Medical Services Branch and the Assembly of First Nations
qualify for health benefits. This group could include
have engaged in are hypocritical. To wit, the so called
diabetics, cardiac patients, quadrapalegics and others too
partnership between the A F N and M S B in regards to the
numerous to mention. Should this happen the fragile
current "Pre-Consultation and future consultations" on
infrastructure, lack of adequate housing, sanitation, etc. on"pre-transfer and the transfer process."
reserve would be drastically impacted. Overall the health
These partnerships are not honourable or worth the
of the community will be greatly compromised and jeopardpaper they are on, due to the machinations and manipulaized.
tions of the federal government. The recent terrorization of
First Nations citizens through, the media - demonstrates
First Nations must fight for their right to medical
this fact in point. This terrorization campaign emanates
health care. The federal government has mismanaged the
from the Health minister's office in threats to remove NIHB
resources of Canada for so many decades and must not be
from off-reserve First Nations citizens.
permitted to exact punishment upon the innocent for their
stupidity and ignorance. Were First Nations to set aside the
The Health Minister's powers are pervasive and often
process
of treaty negotiations and to deal strictly with the
perverted. They in fact can mean life or death to First
loss of land, liberty and resources over the last 500 years
Nations citizens. The Health Minister's habit of withholdour oppressors would be absolutely unable to provide
ing information and making arbitrary decisions and then
adequate
compensations.
conferring with First Nations is the farthest thing from
consultations or partnerships.
The immorality of this government must not be
The federal cabinet, Privy Council and Treasury
tolerated and it must be cured. First Nations will not be
Board have long targeted First Nations as an endangered
targets or scapegoats for the government's latest threats of
species and for their long term goal they hope -eventual
bureaucratic and political terrorism upon First Nations. I
extinction. The Feds heinous attempts to eliminate First
will continue to alert, if possible rally, and create a counternations must be challenged, exposed, over-turned and
attack upon the attempted erosion of our few rights. There
crushed to smithereens.
are thousands of First Nations people who live off-reserve,
for health, for employment and educational reasons. As
With politicians and bureaucrats in Ottawa
well, their reserves all too often lack adequate housing and
role-modelling massive racist based propaganda - is it any
services to meet their needs. If this large group of people
wonder that their flames of hatred are being fanned by
were to have the federal governments cut-off their health
crackpots, right within their institutions? Ottawa is a place
benefits, this would be anathema. Far too few First Naof disease, denial, sickness, illness, sado-masochism, and a
tions employees are receiving an adequate salary let alone
haven for the molesters of human rights.
are part of a group health plan at work.
(Continuedpage 7)
6
MAY
1995
(Health - Continuedfrom page 6)
It is my contention that the Federal government is
scrambling to abort their fiduciary trust responsibility with
First Nations before the treaty negotiations and residential
school processes are too far advanced.
First Nations have longed for freedom from the oppressive regimes of various government. However, self-governance packages must adequately and appropriately meet the
needs of our constituents. Therefore, while we do not want the
abusive legacy of bureaucracy, we do need reasonable funding, staffing, infrastructure and all the other benefits and perks
that the federal government have generously given themselves
to administer our affairs. Anything less would be genocide.
The Canadian government needs to give assurances to
all Canadians that their health care will not be removed,
eroded, destroyed or tampered. These assurances, especially
must be given to First Nations, in particular, because dues to
the historical continuum of abuse our health care needs far
exceed those of others.
Many First Nations members are embarked on healing
journeys that deliver them from the continuum of abuse and its
evil circle and cycle. Hopefully as these people heal others
will also heal. Then, rather than dealing with health crises we
can at last focus on preventative and holistic measures to be
whole and healthy persons.
-30By Carole Dawson,
Health Planner, Kwakiutl District Council
Union of B . C . Indian Chiefs
Your are Cordially invited
27th Annual General Assembly
October 2 4 , 2 5 , 26, 1995
Location: T o B e Announced
For firmer information contact Mildred Poplar at the
U n i o n of B . C . Indian Chiefs office i n
Vancouver at (604) 684-0231.
Ontario Court Rules Boycott Legal
(for immediate release: May 19, 1995)
Madame Justice Frances Kiteley (Ontario Court General Division) ruled this morning against Daishowa Inc.'s
application for an interim injunction to restrain Lubicon Lake Cree Nation supporters from pursuing a boycott of
Daishowa products.
Daishowa Inc. is part of the Daishowa group of companies (owned by the gigantic Daishowa Paper Manufacturing Company of Japan) which has been the focus of a campaign to prevent Daishowa from acting on a licence to clearcut on contested Native land in northern Alberta Friends of the Lubicon say that 47 companies representing over
4,300 retail outlets across Canada have chosen alternate paper suppliers. Daishowa is claiming $5 million in lost sales.
Today's decision marks an important victory for the Friends of the Lubicon, the Lubicon Lake Cree Nation, and
for the people of Canada in general.
What it means for the Friends o f the L u b i c o n is that our ability to effectively express our opposition to
Daishowa's plans is left in tact. The Lubicon issue is one which addresses profound issues for Canadian society and as
long as Canadian Companies and consumers are receiving Daishowa products we have to have the ability to discuss
the issues, share information, and act on our conclusions at every level - from Daishowa boardrooms to the street.
Today's court decision means that Lubicon supporters can still contact Daishowa customers and furthermore, we can
raise the issue with their customers, people who ultimately receive Daishowa paper bags when they shop at certain
stores.
The Daishowa boycott represents an effective and peaceful means for ordinary Canadians to ensure that a company which is operating in Canada complies with basic human rights and environmental concerns and now more than
(Continued page 11)
MAY
1995
7
UBCIC NEWS
President's Message (Continuedfrom page 1)
philosophies of Indigenous Peoples continue to exist to the present
day. The media is mainly concerned with safe-guarding the
interests of settler governments, their theft of land, natural resources,
the prestige they have under the status quo. The media makes it
difficult for any right minded person to champion the recognition
of the Indigenous Peoples rights. What has resulted is fearmongering and mass confusion amongst the general public. This
also illustrates that, as Indigenous Peoples, we are still controlled
or manipulated by a colonial mind set. A l l in all the strategy of the
settler governments in Canada remains the same: impose the
extinguishment agenda by whatever means available including the
manipulation of the media or with the full and conscious
collaboration of the media.
As we have seen in the recent news reports, the bottom line
continues to be conjuring fears that a settlement i n the Land
Question is going to be too costly, that Canadian citizens shall lose
their lands, that Indians will get preferential benefits based on race,
etc. Never considered in these points are the costs already paid by
the Indigenous Peoples and especially the future costs i f land
claims are settled based on the extinguishment policies of the
Government of Canada. In these policies, we are being asked to
completely and utterly surrender all of our lands, resources, and
rights in return for a few dollars and a few acres of variously
categorized lands.
For this pittance we are expected to:
SURRENDER our Homelands forever;
SURRENDER our status as distinct peoples under the international
definition of the term;
SURRENDER our Economic Base for a one time payment of
settlement dollars;
SURRENDER our Indigenous Nation Governments and get in
return municipal self-government models;
SURRENDER the principle of Informed Consent because of the
"take it or leave i t " tactics of the federal and
provincial governments.
Citizens of the Indigenous Nations, do not believe the bylines in news reports that Canada cannot afford to settle with us. It
is we who cannot afford to settle based on the current policy dictates
of Canada and its provinces and territories. We cannot believe
everything we read in the newspapers, magazines, hear or see on
radio and television. What we must believe and continue to protect
is that we continue to exist as distinct Peoples, with identifiable and
unextinguished title to homelands, that we have the right of selfdetermination, that we have distinct languages and histories that
are expressed through our distinct cultures and spiritual rites. This
is the inheritance of our future generations, we cannot sell it or trade
it for mere privilege.
8
Resource Center Update
A
project which has been a long time in the
planning and preparation stages is going to go
ahead full steam in the Resource Centre over the
summer. Sarah and I are re-cataloguing and re-classifying
the entire collection at the same time as we are creating an
automated library catalogue. The end result w i l l be a
Library of Congress classified collection with much
improved subject and keyword access through an
automated catalogue.
In order to free up the time for Sarah and I to
concentrate on this important cataloguing project, there will
be some restrictions on access to the Resource Centre
between May 1st and August 31st.
Access will be restricted to researchers from Bands,
Tribal Councils, and other First Nations organizations who
are familiar with using the Resource Centre and who will
not require Resource Centre staff to take time away from
the cataloguing project to provide orientation and reference
service.
If you need to contact us during this time period to
make arrangements to access the Resource Centre, please
F A X us at 684-5726 and we will get right back to you by
phone or F A X to arrange a convenient time. If you find
y o u r s e l f in V a n c o u v e r and have not made p r i o r
arrangements to come in, come to the 3rd floor reception at
342 Water and staff there will phone up to the Resource
Centre.
It is difficult for l i b r a r i a n s to restrict access
to information because it is in our nature to want
to provide information. However, we have to view
this temporary access restriction as "short term pain for
long term gain".
We have set a very ambitious goal for ourselves, and
hope to catalogue 200 books per week. We will report on
the progress over the summer in future newsletter issues.
Wendy Ancell
UBCIC Librarian
MAY
1995
UBCIC NEWS
NATIVE OUTREACH
FOR WOMEN
ELECTIONS '95
Cayoose Creek Band Council
Our program is called the Native
Outreach for Women and our sponsor
group is the B. C. Native Women's Society. Outreach was introduced in 1972 and
provides employment services and counselling
to First Nations people,(women, men and youth)
disabled, and other target groups whose needs
are not presently being met by existing services within the Canada
Employment Centres.
To date the program has 257 active clients and over 1,300
in-active clients in which 50% are women and 50% are men. As
the years progressed, this program has become widely known
throughout the interior of British Columbia and services areas such
as Kamloops, Ashcroft, Bonaparte, Cache Creek, Barrier and
Chase, (other areas is requested)
Chief Perry Redan- (Acclamation)
Councillor Yvonne Thevarge (Re-elected)
Councillor Wayne Redan (New)
Councillor Steve Frank (New)
Anderson Lake Indian Band
Chief Harry ODonaghy
Councillor Darla Thevarge
Goals and Mandates:
Councillor Willard Abraham
- Provide Employment related services to remote areas for
First Nations people.
- Extend employment assistance to the public in the
Interior of B.C.
- Develop innovative, experimental approaches for groups
who could not obtain services that they required within
existing structures.
- Enhance working relationships with existing organizations, institutions and First Nations Communties.
Services Provided:
Namgis First Nation
The elections for Chief Councillor for the 'Namgis First Nation
were concluded Wednesday May 10, 1995, and resulted in a
new Chief Councillor who takes office effective immediately.
The new Chief Councillor is William T. Cramner who will
serve a two year term.
Referrals/Placements to job postings
Employment Counselling & Job Search Techniques
Skills Development Courses
Resume Information & Job Interview Preparation
Post-Secondary Course Information
Referrals to Educational Institutes
Access to Government Employment Opportunities
SIN & Status Card Application & More
for more information contact:
Native Outreach for Women
#335-345 Yellowhead Highway
Kamloops, B.C. V2H 1H1
Phone (604) 828-9796 Fax (604) 828-9803
MAY 1995
If you have any material that you would like
to see in the next edition of the Union of B.C.
Indian Chiefs Newsletter, please forward to
our Vancouver office by fax or mail as soon
as possible, to the attention of "UBCIC
NEWSLETTER".
We would appreciate the volume of
information be kept to minimum so others can
benefit from this service. Please do not fax
business cards.
Next deadline is JUNE 9.
F A X (604) 684-5726.
9
UBCIC NEWS
Opetchesaht Case
Legal Update
Band Appeals to the Highest Court in the Land
On April 12, 1995, the Supreme Court of Canada ordered that the UBCIC be allowed to intervene in the
Opetchesaht Case.
The facts of the case involve a B.C. Hydro right of way for the purpose of power transmission lines on one of
the Opetchesaht Band's reserves. The federal government granted B.C. Hydro a permit under section 28(2) of the
Indian Act. The permit said that B.C. Hydro could use the reserve for however long they needed to for the power
transmission line. The Band argued that the Crown had no authority to issue a permit for an indefinite period of
time. The Band asserted that the Minister only had authority to grant a permit for a certain fixed period, such as
two years or five years or whatever.
In the Supreme Court, the judge accepted the Band's view and decided that the Crown had no authority to
issue a permit allowing B.C. Hydro to use the reserve land for an indefinite length of time. The Crown and B.C.
Hydro appealed this decision to the B.C. Court of Appeal. The Court of Appeal held that the permit of B.C. Hydro
was valid and thus B.C. Hydro could use the reserve land for an unlimited period of time.
The Band then appealed to the highest court in the land a final decision on whether a permit can allow a nonIndian to use or occupy reserve lands for an unlimited period of time.
The Supreme Court of Canada has now agreed to hear the arguments of the U B C I C in support of the Band's
position. The granting of section 28(2) permit to a third party does not require the consent of the Band members as
does for example a surrender for leasing reserve land.
If the Court of Appeal decision stands this will allow the Crown to in effect alienate reserve land to third
parties without following the proper procedure of obtaining the informed consent of the people. Informed consent is
the fundamental principle enshrined in the Royal Proclamation of1763. The UBCIC will be asking the Supreme
Court of Canada to give effect to the principle of consent.
The Importance ofBorder Crossing Issues for First Nations
Border crossing at the 49th parallel between Canada and the United States continues to be a problem for
First Nations who attempt to visit families or attend annual events across the border. The Treaty or
Amity, Commerce and Navigation o f 1794 - also known as the Jay Treaty is central to the aboriginal
rights o f First Nations to conduct their affairs across the border. The Canadian - U . S . Customs are
harassing First Nations by questioning and searching the people, This is being done because they do not
recognize the First Nations. A n y First Nation who feels they have been unduly searched and questioned
should call their Band Office or contact the Union o f B . C . Indian Chiefs at 3rd Floor, 342 Water Street
in Vancouver or phone (604) 684-0231.
10
MAY 1995
UBCIC NEWS
CANADIAN
ENVIRONMENTAL
CONDEMN
SHAM
(CANADA,
A
industry process to create
minimal standards for ecolabelling of wood products was
condemned today by over 50 environmental groups, First Nations peoples,
unions, foresters and ecoforestry advocates from across Canada. The groups
released a joint statement calling the
process a greenwashing scam and for it
to be abandoned. The participants in the
process, which is being facilitated by the
Canadian Standards Association (CSA),
begin meeting today in Vancouver to
continue this process.
The forest industry trade group,
the Canadian Pulp and Paper Association paid the CSA a million dollars to
create standards intended to define what
constitutes responsible logging, standards which would allegedly be worthy of
an "eco-lable". The CSA has intended to
bring these standards to the June meeting
of the International Organization of
Standardization (ISO) for international
consideration. However, the standards
being proposed would allow products
derived by large-scale clear-cutting and
chemical pesticide use to be called
ecologically responsible: all major
environmental groups have come
forward today to condemn it.
"An eco-label is intended to
guarantee customers that their purchases
are helping to protect the environment,"
said Tamara Stark of Greenpeace
GROUPS
AND FIRST
INDUSTRY
TUESDAY, 25
APRIL,
NATIONS
ECO-LABEL
1995)
"The CSA has commited a serious error by failing to
acknowledge the rights and interests of aboriginal
peoples across this country." - Russel Diabo Canada. "This process is nothing more
than the industry trying to buy a green
stamp of approval for the status quo and
will serve only to jeopardize Canada's
reputation nationally and internationally.
The NGO statement strongly
supports the development of an international ecolabel for wood products. To
promote ecologically responsible forestry, many groups have been involved
nationally and internationally to create
certification processes that consumers
can trust.
"People rely on the CSA to
develop product standard that protect the
health and welfare of people who buy the
products," said Elizabeth May of Sierra
Club of Canada. "The health of our
environment is integral to the health of
Canadians and standards that enshrine
clear-cutting and other destructive
logging practises do nothing to protect
our long-term interests."
Other certification processes, such
as the one promoted by the Forest
Stewardship Council, have required the
full involvement of First Nations,
emphasizing that the rights of indig-
enous people to own, manage, and
conserve their natural resources on their
territories must be acknowledged and
respected. The initiative funded by the
CPPA not only does not address the right
and concerns of First Nations, it has not
facilitated the involvement of First
Nations in developing the standards.
"The Canadian Standards Association has committed a serious error by
failing to acknowledge the rights and
interests of aboriginal people across this
country," said Russel Diabo, spokes
person of Algonquins of Barrier Lake
First Nation. "The CSA should realize
that aboriginal peoples are significant
land users in the forest of Canada."
For more information please contact:
Russel Diabo, Algonquins of Barrier
Lake (613) 233-8686
Tamara Stark, Greenpeace Canada in
Vancouver (604) 253-7701 ext. 209
(Ontario Rules Boycott Legal - Continuedfrom page 7)
ever these tools have to be available to us. That is why today's court decision is an important one for all Canadians who
share our concern that corporations and governments, like individuals, have to be held accountable for their actions.
If Daishowa truly wants to end the boycott, they don't need to take us to court. A l l they have to do is make a clear,
public and unequivocal commitment not to cut or to buy wood cut on unceded Lubicon Lake Nation territory until a land
rights settlement is reached with both levels of government and a timber harvesting agreement negotiated with the Lubicons
which respects Lubicon wildlife and environmental concerns.
We don't think that their customers are any more impressed than we are when Daishowa resorts to court actions to
shut down their opposition instead of merely making the simple, responsible decision being asked of them.
For more information, please contact: Friends of the Lubicon at (416) 783-4694,
Clayton Ruby, Legal Counsel, at (416) 964-9664, or Lubicon Chief Bernard Ominayak at (403) 436-5652
MAY 1995
11
UBCIC NEWS
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Union of B.C. Indian Chiefs
NEWSLETTER
MAY 1995
Message From The President
G / he subtlety and sophistication of
ft the Canadian governments’
==" strategy is to have bands (first nations)
and/or tribal councils accept, co-operate
and participate in the various ‘“management
processes’’ on the basis of delegated
authority. If bands or tribal councils
participate on the basis of delegated
authority they will be perceived tobe clearly
consenting to the constitutional status quo,
that being the recognition of Ottawa and
Victoria as the constitutional be all and end
all on matters dealing with Indigenous
Peoples. If we do this, we shall be
undermining our assertion of inherent
political rights flowing from our
unextinguished Title to our homelands.
The expectation here by federal and
provincial governments is that we will
Carry on negotiations, band by band, that
will conclude with ‘‘self-government
agreements’ limited to municipal powers
only (the Sechelt model). It would then
follow that as ‘federal municipalities,’ we
will be expected to operate under existing
policies and legislation. Furthermore, we
willbe expected to operate ““within existing
resource levels’’ and to ‘cost share’
programs and services using existing band
revenues or revenues raised from some
form of taxation forced upon our people.
We will be expected to abandon our tax
immunity as well.
So by using the rhetoric of ‘‘Indian
self-government,’’ the federal government
dodges all its trust obligations. In all of
these efforts, the federal and provincial
governments expect us to give our consent
and thus they shall be held blameless of any
allegations of genocide against Indigenous
Peoples.
We must remember that human
rights violations against our Peoples are
not new. There are Canadian citizens who
fully support the position of Indigenous
Nations but there are many others that
cannot bring themselves to support our
Peoples because they may be ignorant of
the facts related to the Land Question and
aboriginal rights. Certainly the media
reports of late do not reflect the facts of the
issue. Rather than helping, news reports
seem to be aiming at inciting the public
against our cause.
The media reflects more the old-
time philosophies that church, monarchy
and state have promoted since early times:
questioning whether Indigenous Peoples
have a right to life, freedom and the basic
dignity of being considered members of the
human race. This racist point of view has
never been abandoned and remains as an
undercurrent, hampering the Indian Nations
who are fighting to protect their basic
political and human rights.
We need not look far to see signs of
"It is we who cannot afford to settle
based on the current policy dictates of
Canada." - Chief Saul Terry-
this. Look atthe judgment handed down by
Chief Justice McEachern in Delgamuukw
vs The Queen in 1991, We continue to be
victimized by these misguided theories
which continue to be given new life by
sensational and biased news reporting
practises.
It seems evident that news reporters
know very little about what Indian Nations
are fighting for or against and cannot
recognize nor appreciate the genocidal
pattern that exists in government policies.
They do not see the contradiction that while
Canada promotes a Charter of Rights and
Freedoms, when it comes to Indian Nations
the rules are applied or interpreted
differently.
Furthermore, we mever see news
reporting reflecting the fact that the ancient
(Continued page 8)
I
INSIDE THIS ISSUE...
Education Update
First Nation Press Releases
Toosey
Health
Lubicon
Resource Centre Update
10. Legal Update
- Opetchesaht
SSeS!
- Border Crossing
MAY 1993
= -~A em rr OK ones Gain \/cE
PLEASE DO NOt REMOVE
; A
FROM THE RESOURCE CENTRE
UBCIC NEWS
To: Chiefs. & Council, Education Coordinators, B.C. First
Nations, Bands & Tribal Councils - May 8, 1995
MEMORANDUM
RE: Direct transfer of provincial tuition dollars to First Nations for 1995-96.
On April 27, 1995, DIAND/BC Region announced that, on an
optional basis, it would transfer 1995-96 provincial tuition
dollars directly to bands or duly mandated tribal councils or
education authorities, B.C. Region asked that bands complete a
form by June 1, 1995 indicating their decision on payment of
provincial tuition dollars for 1995-96.
The UBCIC Education Committee has reviewed DIAND's
announcement, and based on this review, the Union of B.C.
Indian Chiefs recommends that First Nations decline to
participate in DIAND's unilateral direct transfer charade.
In particular, the UBCIC recommends that First Nations
not complete DIAND's form and disregard DIAND's self-
proclaimed deadline.
DIAND's 'program design’ for the direct transfer was not
negotiated with First Nations. It was developed unilaterally by
B.C. Region. Under the terms and conditions announced by
DIAND, there will be no real First Nation control over provin-
cial tuition funding. As a result, DIAND's direct transfer option
will do nothing to put First Nations in a stronger position to
negotiate (or renegotiate) LEAs with school districts. In fact,
First Nations will be in a worse position since DIAND is doing
away with the “signing bonuses” to cover First Nations’ cost for
first-time LEA negotiations. In addition, DIAND's June 1
deadline is deliberately intended to undercut ongoing negotia-
tions between UBCIC and the Province for multi-year education
agreement (scheduled to conclude by June 30). Finally, DIAND
plans to impose mandatory capped block funding transfers in
1996-97 for all First Nations programs and services, including
education. 1995-96 is merely a dry-run for next year's plan to
massively off-load federal fiduciary responsibilities and costs for
Indian education onto First Nations and the Province. There-
fore, UBCIC is recommending that First Nations not cooperate
with or participate in the latest Federal Government ‘buffalo
jump" strategy. Counter-measures will be considered in the
near future by the UBCIC Education Committee and UBCIC
Chiefs Council.
PRESS RELEASE
For immediate release
Tribal police graduates honoured by Indian Chiefs
VANCOUVER, May 13, 1995 -- The Union of B.C. Indian Chiefs today honoured the tribal police candidates graduating this
weekend from the First Nations Tribal Justice Institute in Mission, B.C. In a message to the FNTJI staff and students, Chief Saul
Terry, President of the UBCIC, acknowledged the graduates’ perseverance through "a hard, grueling training period. Your efforts I
am certain will open many more doors to opportunities which may not have existed in the recent past for Indigenous peoples.
Trail-blazing overgrown paths in this 'settler socitey' is never easy, especially when we have to be at least twice as good to be
recognized as equal. I congratulate you on your success and wish you wisdom, strength, and good luck in the important work that
lies ahead."
Commenting on the role of tribal police in First Nations' quest for self-determination, Chief Terry stated: "The communities from
which you come are proud that your have stepped forward to lead in these times, when clear thinking and high moral standards of
conduct are required for our peoples to pass successfully through the gauntlet of decolonization. Now as never before, our nations
need to stand tall with confidence and determination to protect and build upon our inherent political and human rights for the
future generations."
4G.
Contact: Chief Saul Terry, UBCIC, (604) 684-0231
Jim Maloney, FNTJI, (604) 826-3691
MAY 1995
UBCIC NEWS
Zz
“tr
Cheslatta( Gdigiay Nation
“Ss... for immediate release)
B.C. BACKS DECISION TO KILL KEMANO:
ANGUS REID SURVEY 40 PERCENT SAY
‘NO COMPENSATION’
Cheslatta Nation, B.C. (21 March 1995) - A solid block
of B.C. residents, 40% are totally opposed to paying Alcan any
compensation for cancellation of Kemano 2, according to a
recent Angus Reid survey. The B.C. government’s decision to
kill the project is backed by 54% of British Columbians,
according to the survey commissioned by Cheslatta.
Cheslatta Chief Marvin Charlie said the results show
Premier Harcourt’s government made the right decision. ‘‘7
have said all along Alcan doesn't deserve compensation since
taxpayers weren't involved in the decision to approve the
project.”
Support for the Jan. 23, 1995 decision to cancel Kemano
2 was strongest in the Vancouver/Burnaby area with 63% in
favor. The B.C. Interior, which was most divided over the
cancellation decision, was surprisingly the area most against
any compensation for Alcan at 46%.
The survey indicates B.C. residents are upset with
Ottawa’s attempts to duck responsibility for project
cancellation. There is little support for compensation by just
one level of government: 8% feel B.C. is solely responsible
while only 3% feel Ottawa is solely responsible. If
compensation is to be paid, the provincial and federal
governments should share the cost, said 41%.
As expected, support for the decision to cancel was
strongest among provincial NDP supporters at 77%. However,
provincial Liberals and Reformers also strongly supported the
decision, at 56% and 37% respectively. Federal Reformers were
44% in favor. As for compensation, 43% of provincial
Reformers said no compensation should be paid to Alcan.
The Angus Reid poll is based on a province-wide
random sample of 600 Bntish Columbians between March 1
and 9. It’s considered accurate within 4%, 19 times out of 20.
Last summer’s B.C. Reid Report, by the Angus Reid
Group, found British Columbians were very familiar with
Kemano 2 and warned that the B.C.U.C. might face ‘‘a strong
public backlash’”’ if the project was allowed to go ahead. That
survey found ‘‘opposition to Kemano is quite broadly based
across the province.”’
For further information please contact Dana Wagg,
Writer-Researcher
Nanoose First Nation
(for immediate release)
PROVINCE TO ISSUE PERMIT TO EXCAVATE
600 NANOOSE BURIALS
At 4:30 yesterday our First Nation received notice of a
Permit which allows for the removal of the 248 existing burials,
and additional burials named in the covering letter to the
Permit, at out burial ground at Craig Bay.
In reality all of the 248 exposed burials will be removed.
Hundreds more will be exposed and removed. This desecration
will take place despite repeated requests by the Nanoose First
Nation that their sacred burial grounds be protected.
On November 19, 1994, the Nanoose First Nations
petitioned the Supreme Court of British Columbia to quash all
previous Archaeological Permits issued on the Craig Bay site.
Mr. Justice Hutchison, in quashing these permits said that
issuing the first two permits were unlawful and the issuing of
the third one was “‘dirty pool.’’ He also ordered that before a
new permit could be issued by the Archaeology Branch for the
Craig Bay Site that “‘the Minister should allow for some
hearing of the matter,’’ This hearing has not taken place.
The Nanoose First Nation vehemently oppose the
issuance of this permit and have not yet had the opportunity to
express their opposition in the form ordered by Judge
Hutchison, Chief Wayne Edwards stated: ‘‘We will use all
means at our disposal to prevent the disinterment of our
ancestors and the further desecration of our ancient burial site.”’
The issuance of this fourth permit while the matter is before the
Court of Appeal of British Columbia is not only “‘dirty pool’’, it
is an abuse of process.
JUST REMEMBER, OKA INVOLVED A BURIAL
GROUND!!
ee
SCENES FROM THE CRISES: A Canadian soldier and
masked Mohawk warrior face off in tense standoff at Oka,
which began over expansion of a golf course
MAY 1995
UBCIC NEWS
Ba NA
eA
ee RS
. . - t
ilitary Destroying Rare Grasslands Sy
/ BS
ilitary personnel Jrom Canadian Forces Base Chilliwack plan to play war games again in Chilcotin
a va territory ~ on land which sustains the Toosey community and is a critical habitat for many endangered
species of wildlife. Toosey Band received notice on April 3rd that the military would be conducting exercises
jrom April Il to May 18. This is contrary to promises they would not carry on activities this spring.
According to a
study conducted by
Toosey Band consult-
ant Wayne McCrory,
previous Military exer-
cises have concentrated
in the most sensitive
areas of the so-called
"Chilcotin Military
Lot." Numerous small
lakes in this unique
grassland ecosystem
areused by tens of thou-
sands of migratory wa-
terfowl. Military activ-
ity threatens this land,
lake and wetland com-
plex, the most produc-
tive duck breeding area
in the province-a unique
area of Canada.
Chilcotin heritage and
archeological sites are
also being destroyed.
This spring ex-
ercises include live fire
demolition, small arms
training, vehicle move-
ment and helicopter ac-
tivity. According to
Chief Francis Laceese,
the Toosey People de-
pend on this area for
K.E. Orr, Major
Base Commander
Canadian Forces Base Chilliwack
VOX 2E0
Re: Military Operation - April 19th, 1995 to May 18, 1995
in Tsilhqot'in Territory
Please be advised that we are lawyers representing the Toosey Band who is a
member of the Tsilhqot'in Nation.
I am in receipt of your letter to Chief Laceese dated March 28, 1995, and received by
the Band Apnil 3rd.
I am instructed to advise you that the Toosey Band members, and others of the
Tsilhqot'in Nation intend to exercise their aboriginal nghts on Lot 774] during the spring and
summer months of this year, inclusive of the period April 19, 1995 to May 18, 1995. Recent
decisions from the Supreme Court of Canada and the B.C. Court of Appeal have affirmed
that aboriginal rights are constitutionally protected, and have not been extinguished. We
refer to the decision of Regina v. Sparrow (1990) 1 S.C.R. 1075 where the abonginal right to
fish for food and cultural purposes was recognized and affirmed. In the landmark decisions
of Regina v. Alphonse and Regina v. Dick (1993) 5 W.W.R. the B.C. Court of Appeal
affirmed the aboriginal right to hunt. In the case Delgamuukw v. British Columbia (1993) 5
W.W.R. 97, the Court of Appeal affirmed that aboriginal nghts had not been extinguished in
the Province.
I am advised that the Toosey Band members, and others of the Tsilhgot'in Nation
intend to fish suckers, lingcod and trout,to hunt and trap muskrat, to hunt moose and deer,
to harvest bird eggs, to gather those plants for medicine which are harvested in the spring,
to camp, and to continue studies, currently underway, in the areas of forestry, wildlife
management, herttage and archaeological sites. This list is not exhaustive.
We advise you of the activities of the Tsilhqot'in people in order that you can take
steps to ensure that military operations do not interfere with the exercise of these aborigi-
nal rights which enjoy constitutional protection.
ours tily, c.c.Minister of Defense
Minister of Indian Affairs
Minister of Justice
Mandell/Pinder
Captain J.L.A.R. Grenier
Toosey Indian Band:
Attn: Chief Francis Laceese
Tsilhqot'in National Government
Attn: Ray Hance
Barrister & Solicito
animal species than
most other areas in
B.C.
The army ap-
pears to be ignorant
of the damage they are
causing even when
they are playing non-
war games. Last year
they destroyed the
dancing ground of the
endangered sharp-
tailed grouse in the
construction ofa base-
ball diamond.
The McCrory
report recommends
that because of the
severity of the cumu-
lative destruction, that
there be an immediate
cessation of all mili-
tary activities and an
alternative training
area be located else-
where.
"Recent court
decisions such as
Sparrow, Alphonse
and Delgamuukw
have affirmed Abo-
riginal rights" contin-
ues Lacesse. "The
Chilcotin also set aside as a hunting and fishing reserve in 1872.
Military activity interferes with our rights by destroying the land--and
the way of life of our people. We will continue to exercise our nghts
on the land, and the military must respect us."
their sustenance. "Our people have hunted game, gath-
ered duck eggs, berries, fish and medicines in this area for
thousands of years", said Chief Laceese.
Biologist Wayne McCrory adds: "In a recent En-
vironment Canada study on endangered species, the
Chilcotin grasslands have more endangered plant and -30-
4 MAY 1995
UBCIC NEWS
Surrey, 6:00 AM, 27 April 95 (FAN) Members of the
Forest Action Network and Earth First have shut down two
lumber mills in Surrey today to protest ongoing forest destruc-
tion by logging giant International Forest Products
(INTERFOR). This action coincides with INTERFOR's AGM
in downtown Vancouver today.
Four activists are chained to cement-filled barrels in
front of the main entrance to the Mackenzie Seizas Mill, and
one activist is locked to a gate. "We will no longer allow
INTERFOR to continue to profit from destruction of the
environment,” stated coordinator Diana Wilson.
"As the second largest logging company in B.C.,
INTERFOR isn't receiving enough scrutiny," charged FAN
spokesperson Greg Higgs. "INTERFOR like MacBlo, is clear-
cutting Clayoqout Sound, and they are also destroying the old-
growth forests of the B.C. Mid Coast at an unprecedented
rate."
FOREST ACTION NETWORK
Protesters Shut Down Interfor Mill, Demand
Timber Rights be Revoked
For more information contact: 251-2477
(for immediate distribution)
INTERFORS's logging plans for 1995 include clear-cutting
the Kwalate, the southernmost intact watershed over 5,000 ha.
on the coast of North America. Furthermore, INTERFOR
plans to clear-cut Talyu Hot Springs, the last un-logged sacred
hot spring in Nuxalk Territory.
At 2 pm today, the Nuxalk, Lil'Wat and Shuswaps
Nations, along with environmental groups VTRAC, Earth
First and FAN are holding a rally outside the Four Seasons
Hotel to protest INTERFOR's clear-cutting on unceded Native
Lands.
This demonstration is part of FAN's campaign to
protect the Great Coast Wild, a vast region of wilderness
along the B.C. mid-coast totalling 3 million hectares. The
Great Coast Wild includes a contiguous pristine area of 1.2
million hectares that encompasses both the proposed Kitlope
Provincial Park and Fiordland Recreation Area (by compari-
son, Clayoquot Sound is 260,000 hectares).
A
sri
i"
ALL NATIVE DAY FESTIVAL
Capilano Reserve Park
¢ North Vancouver,B.¢.
J.
acs ee
es caenall
j
Os
JUNE 21, 1995
3:00 p.m.-10:00 p.m.
Mini Pow Wow
Youth Talent Contest
Entertainment
Traditional Foods
Games for Kids
Kareoke
Arts & Crafts Sales
Bone/Lahal Games
Raffles & 50/50 Draws
Participation from Aboriginal Organizations is required to make this event sucessful. Jfyou or your
organization would like to volunteer and help organize or participate in the events,
PLEASE CALL KAT as soon as possible @ (604) 876-1212
MAY 1995
UBC AEWS
NIAB Threatened With the Axe!
he federal government's min-
ister of Health, Diane Marleau
has imposed a potential death
"First Nations must fight for their right
to medical heaith care"
- Carole Dawson-
Once again by presenting
limited options for health care the
Canadian Government is demonstrat-
ing how they single out First Nations
threat upon the heads of First Na-
tions citizens living off reserve. She is proposing to remove
their entitlement to Non-insured Health Benefits.
Since British Columbia's First Nations have engaged
in the Treaty Negotiations process, the federal government's
cabinet has been involved in seek and kill missions of any
benefits that the First Nations have received in Ottawa.
No benefits to First Nations have been spared from
Ottawa's brutal cuts. For some time the federal government
has been predictable in their hidden agenda. The farce that
they have engaged First Nations in - called "partnerships"
can prove to be anathema to First Nations.
The so called "partnerships" that the Health Canada,
Medical Services Branch and the Assembly of First Nations
have engaged in are hypocritical. To wit, the so called
partnership between the AFN and MSB in regards to the
current "Pre-Consultation and future consultations" on
"pre-transfer and the transfer process."
These partnerships are not honourable or worth the
paper they are on, due to the machinations and manipula-
tions of the federal government. The recent terrorization of
First Nations citizens through, the media - demonstrates
this fact in point. This terrorization campaign emanates
from the Health minister's office in threats to remove NIHB
from off-reserve First Nations citizens.
The Health Minister's powers are pervasive and often
perverted. They in fact can mean life or death to First
Nations citizens. The Health Minister's habit of withhold-
ing information and making arbitrary decisions and then
conferring with First Nations is the farthest thing from
consultations or partnerships.
The federal cabinet, Privy Council and Treasury
Board have long targeted First Nations as an endangered
species and for their long term goal they hope -eventual
extinction. The Feds heinous attempts to eliminate First
nations must be challenged, exposed, over-turned and
crushed to smithereens.
With politicians and bureaucrats in Ottawa
role-modelling massive racist based propaganda - is it any
wonder that their flames of hatred are being fanned by
crackpots, nght within their institutions? Ottawa is a place
of disease, denial, sickness, illness, sado-masochism, and a
haven for the molesters of human rights.
for "cruel and unusual punishment." In fact, a federal
prisoner is given far more benefits than a First Nations
individual.
What will happen if the Health Minister has her way
and the only First Nations people to be eligible for health
benefits are those: 1) who live on-reserve and 2) are also on
social assistance?
It is my opinion that by exercising such punitive
options, the following will definitely occur: 1) increase in
morbidity, 2) increase in mortality, 3) to qualify for these
health benefits, some individuals who live off-reserve and
are marginalized, and have no or low income, have special
health needs - and may have to return to their reserve to
qualify for health benefits. This group could include
diabetics, cardiac patients, quadrapalegics and others too
numerous to mention. Should this happen the fragile
infrastructure, lack of adequate housing, sanitation, etc. on-
reserve would be drastically impacted. Overall the health
of the community will be greatly compromised and jeopard-
ized.
First Nations must fight for their nght to medical
health care. The federal government has mismanaged the
resources of Canada for so many decades and must not be
permitted to exact punishment upon the innocent for their
stupidity and ignorance. Were First Nations to set aside the
process of treaty negotiations and to deal strictly with the
loss of land, liberty and resources over the last 500 years
our oppressors would be absolutely unable to provide
adequate compensations.
The immorality of this government must not be
tolerated and it must be cured. First Nations will not be
targets or scapegoats for the government's latest threats of
bureaucratic and political terrorism upon First Nations. I
will continue to alert, if possible rally, and create a counter-
attack upon the attempted erosion of our few rights. There
are thousands of First Nations people who live off-reserve,
for health, for employment and educational reasons. As
well, their reserves all too often lack adequate housing and
services to meet their needs. If this large group of people
were to have the federal governments cut-off their health
benefits, this would be anathema. Far too few First Na-
tions employees are receiving an adequate salary let alone
are part of a group health plan at work. (Continued page 7)
MAY 1995
VaCTC NEWS
( Health - Continued from page 6)
It is my contention that the Federal government is
scrambling to abort their fiduciary trust responsibility with
First Nations before the treaty negotiations and residential
school processes are too far advanced.
First Nations have longed for freedom from the oppres-
sive regimes of various government. However, self-govern-
ance packages must adequately and appropriately meet the
needs of our constituents. Therefore, while we do not want the
abusive legacy of bureaucracy, we do need reasonable fund-
ing, staffing, infrastructure and all the other benefits and perks
that the federal government have generously given themselves
to administer our affairs. Anything less would be genocide.
The Canadian government needs to give assurances to
all Canadians that their health care will not be removed,
eroded, destroyed or tampered. These assurances, especially
must be given to First Nations, in particular, because dues to
the historical continuum of abuse our health care needs far
exceed those of others.
Many First Nations members are embarked on healing
journeys that deliver them from the continuum of abuse and its
evil circle and cycle. Hopefully as these people heal others
will also heal. Then, rather than dealing with health crises we
can at last focus on preventative and holistic measures to be
whole and healthy persons.
Union of B.C. Indian Chiefs
Your are Cordially invited
27th Annual General Assembly
October 24, 25, 26, 1995
Location: To Be Announced
-30-
By Carole Dawson,
Health Planner, Kwakiutl District Council
For futher information contact Mildred Poplar at the
Union of B.C. Indian Chiefs office in
Vancouver at (604) 684-0231.
Ontario Court Rules Boycott Legal
(for immediate release: May 19, 1995)
Madame Justice Frances Kiteley (Ontario Court General Division) ruled this morning against Daishowa Inc.'s
application for an interim injunction to restrain Lubicon Lake Cree Nation supporters from pursuing a boycott of
Daishowa products.
Daishowa Inc. is part of the Daishowa group of companies (owned by the gigantic Daishowa Paper Manufactur-
ing Company of Japan) which has been the focus of a campaign to prevent Daishowa from acting on a licence to clear-
cut on contested Native land in northern Alberta. Friends of the Lubicon say that 47 companies representing over
4,300 retail outlets across Canada have chosen alternate paper suppliers. Daishowa is claiming $5 million in lost sales.
Today's decision marks an important victory for the Friends of the Lubicon, the Lubicon Lake Cree Nation, and
for the people of Canada in general.
What it means for the Friends of the Lubicon is that our ability to effectively express our opposition to
Daishowa's plans is left in tact. The Lubicon issue is one which addresses profound issues for Canadian society and as
long as Canadian Companies and consumers are receiving Daishowa products we have to have the ability to discuss
the issues, share information, and act on our conclusions at every level - from Daishowa boardrooms to the street.
Today's court decision means that Lubicon supporters can still contact Daishowa customers and furthermore, we can
raise the issue with their customers, people who ultimately receive Daishowa paper bags when they shop at certain
stores.
The Daishowa boycott represents an effective and peaceful means for ordinary Canadians to ensure that a com-
pany which is operating in Canada complies with basic human nights and environmental concems and now more than
(Continued page 11)
MAY 1995 a
UBCIC NEWS
President's Message (Continued from page 1)
philosophies of Indigenous Peoples continue to exist to the present
day. The media is mainly concerned with safe-guarding the
interests of settler governments, their theft ofland, natural resources,
the prestige they have under the status quo. The media makes it
difficult for any right minded person to champion the recognition
of the Indigenous Peoples rights. What has resulted is fear-
mongering and mass confusion amongst the general public. This
also illustrates that, as Indigenous Peoples, we are still controlled
or manipulated by a colonial mind set. All in all the strategy of the
settler governments in Canada remains the same: impose the
extinguishment agenda by whatever means available including the
manipulation of the media or with the full and conscious
collaboration of the media.
As we have seen in the recent news reports, the bottom line
continues to be conjuring fears that a settlement in the Land
Question is going to be too costly, that Canadian citizens shall lose
their lands, that Indians will get preferential benefits based on race,
etc. Never considered in these points are the costs already paid by
the Indigenous Peoples and especially the future costs if land
claims are settled based on the extinguishment policies of the
Government of Canada. In these policies, we are being asked to
completely and utterly surrender all! of our lands, resources, and
rights in return for a few dollars and a few acres of variously
categorized lands.
For this pittance we are expected to:
SURRENDER our Homelands forever,
SURRENDER ourstatusas distinct peoples under the international
definition of the term;
SURRENDER our Economic Base for a one time payment of
settlement dollars;
SURRENDER our Indigenous Nation Governments and get in
return municipal self-government models;
SURRENDER the principle of Informed Consent because of the
“‘take it or leave it’’ tactics of the federal and
provincial governments.
Citizens of the Indigenous Nations, do not believe the by-
lines in news reports that Canada cannot afford to settle with us. It
is we who cannot afford to settle based on the current policy dictates
of Canada and its provinces and territories. We cannot believe
everything we read in the newspapers, magazines, hear or see on
radio and television. What we must believe and continue to protect
is that we continue to existas distinct Peoples, with identifiable and
unextinguished title to homelands, that we have the right of self-
Resource Center Update
LL project which has been a long time in the
~ planning and preparation stages is going to go
ahead full steam in the Resource Centre over the
summer. " Sarah and I are re-cataloguing and re-classifying
the entire collection at the same time as we are creating an
automated library catalogue. The end result will be a
Library of Congress classified collection with much
improved subject and keyword access through an
automated catalogue.
In order to free up the time for Sarah and [ to
concentrate on this important cataloguing project, there will
be some restrictions on access to the Resource Centre
between May Ist and August 31st.
Access will be restricted to researchers trom Bands,
Tribal Councils, and other First Nations organizations who
are familiar with using the Resource Centre and who will
not require Resource Centre staff to take time away from
the cataloguing project to provide orientation and reference
SeTvICe.
If you need to contact us during this time period to
make arrangements to access the Resource Centre, please
FAX us at 684-5726 and we will get right back to you by
phone or FAX to arrange a convenient time. If you find
yourself in Vancouver and have not made prior
arrangements to come in, come to the 3rd floor reception at
342 Water and staff there will phone up to the Resource
Centre.
It is difficult for librarians to restrict access
to information because it is in our nature to want
to provide information. However, we have to view
this temporary access restriction as “‘short term pain for
long term gain’’.
We have set a very ambitious goal for ourselves, and
hope to catalogue 200 books per week. We will report on
the progress over the summer in future newsletter issues.
determination, that we have distinct languages and histories that Pag
are expressed through our distinct cultures and spiritual rites. This
is the inheritance of our future generations, we cannot sell itor trade UBCIC Librarian
it for mere privilege. :
MAY 1995
UBCIC NEWS
NATIVE OUTREACH
FOR WOMEN
ur program is called the Native
Outreach for Women and our sponsor
- group is the B.C. Native Women's Soci-
ety. Outreach was introduced in 1972 and
provides employment services and counselling
to First Nations people,(women, menand youth)
; disabled, and other target groups whose needs
are not Sieently being met by existing services within the Canada
Employment Centres.
To date the program has 257 active clients and over 1,300
in-active clients in which 50% are women and 50% are men. As
the years progressed, this program has become widely known
throughout the interior of British Columbia and services areas such
as Kamloops, Ashcroft, Bonaparte, Cache Creek, Barrier and
Chase. (other areas is requested)
Goals and Mandates:
- Provide Employment related services to remote areas for
First Nations people.
- Extend employment assistance to the public in the
Interior of B.C.
- Develop innovative, experimental approaches for groups
who could not obtain services that they required within
existing structures.
- Enhance working relationships with existing organiz-
ations, institutions and First Nations Communties.
Services Provided:
Referrals/Placements to job postings
Employment Counselling & Job Search Techniques
Skills Development Courses
Resume Information & Job Interview Preparation
Post-Secondary Course Information
Referrals to Educational Institutes
Access to Government Employment Opportunities
SIN & Status Card Application & More
for more information contact:
Native Outreach for Women
#335-345 Yellowhead Highway
Kamloops, B.C. V2H 1H1
Phone (604) 828-9796 Fax (604) 828-9803
ELECTIONS '95
Cayoose Creek Band Council
Chief Perry Redar’ (Acclamation)
{ \
Councillor Yvonke ge (Re-elected)
XN v
Anderson Lake Indian Band
Chief Harry ODonaghy
Councillor Darla Thevarge
Councillor Willard Abraham
Nameis First Nation
The elections for Chief Councillor for the 'Namgis First Nation
were concluded Wednesday May 10, 1995, and resulted in a
new Chief Councillor who takes office effective immediately.
The new Chief Councillor is William T. Cramner who will
serve a two year term.
If you have any material that you would like
to see in the next edition of the Union of B.C.
Indian Chiefs Newsletter, please forward to
our Vancouver office by fax or mail as soon
as possible. to the attention of "UBCIC
NEWSLETTER".
We would appreciate the volume of
information be kept to minimum so others can
benefit from this service. Please do not fax
business cards. Next deadline is JUNE 9.
FAX (604) 684-5726.
MAY 1995
UBCIC NEWS
Band Appeals to the Highest Court in the Land
On April 12, 1995, the Supreme Court of Canada ordered that the UBCIC be allowed to intervene in the
Opetchesaht Case.
The facts of the case involve a B.C. Hydro right of way for the purpose of power transmission lines on one of
the Opetchesaht Band's reserves. The federal government granted B.C. Hydro a permit under section 28(2) of the
Indian Act. The permit said that B.C. Hydro could use the reserve for however long they needed to for the power
transmission line. The Band argued that the Crown had no authority to issue a permit for an indefinite period of
time. The Band asserted that the Minister only had authority to grant a permit for a certain fixed period, such as
two years or five years or whatever.
In the Supreme Court, the judge accepted the Band's view and decided that the Crown had no authority to
issue a permit allowing B.C. Hydro to use the reserve land for an indefinite length of time. The Crown and B.C.
Hydro appealed this decision to the B.C. Court of Appeal. The Court of Appeal held that the permit of B.C. Hydro
was valid and thus B.C. Hydro could use the reserve land for an unlimited period of time.
The Band then appealed to the highest court in the land a final decision on whether a permit can allow a non-
Indian to use or occupy reserve lands for an unlimited period of time.
The Supreme Court of Canada has now agreed to hear the arguments of the UBCIC in support of the Band's
position. The granting of section 28(2) permit to a third party does not require the consent of the Band members as
does for example a surrender for leasing reserve land.
If the Court of Appeal decision stands this will allow the Crown to in effect alienate reserve land to third
parties without following the proper procedure of obtaining the informed consent of the people. Informed consent is
the fundamental principle enshrined in the Royal Proclamation of 1763. The UBCIC will be asking the Supreme
Court of Canada to give effect to the principle of consent.
The Importance of Border Crossing Issues for First Nations
Border crossing at the 49th parallel between Canada and the United States continues to be a problem for
First Nations who attempt to visit families or attend annual events across the border. The Treaty or
Amity, Commerce and Navigation of 1794 - also known as the Jay Treaty is central to the aboriginal
rights of First Nations to conduct their affairs across the border. The Canadian - U.S. Customs are
harassing First Nations by questioning and searching the people, This is being done because they do not
recognize the First Nations. Any First Nation who feels they have been unduly searched and questioned
should call their Band Office or contact the Union of B.C. Indian Chiefs at 3rd Floor, 342 Water Street
in Vancouver or phone (604) 684-0231.
10 MAY 1995
CANADIAN ENVIRONMENTAL GROUPS AND FIRST NATIONS
UBCIC NEWS
CONDEMN SHAM INDUSTRY Eco-LABEL
(CANADA, TUESDAY, 25 APRIL, 1995)
| LF x industry process to create
7} minimal standards for eco-
* " labelling of wood products was
condemned today by over 50 environ-
mental groups, First Nations peoples,
unions, foresters and ecoforestry advo-
cates from across Canada. The groups
released a joint statement calling the
process a greenwashing scam and for it
to be abandoned. The participants in the
process, which is being facilitated by the
Canadian Standards Association (CSA),
begin meeting today in Vancouver to
continue this process.
The forest industry trade group,
the Canadian Pulp and Paper Associa-
tion paid the CSA a million dollars to
create standards intended to define what
constitutes responsible logging, stand-
ards which would allegedly be worthy of
an "eco-lable". The CSA has intended to
bring these standards to the June meeting
of the International Organization of
Standardization (ISO) for international
consideration. However, the standards
being proposed would allow products
derived by large-scale clear-cutting and
chemical pesticide use to be called
ecologically responsible: all major
environmental groups have come
forward today to condemn it.
"An eco-label is intended to
guarantee customers that their purchases
are helping to protect the environment,"
said Tamara Stark of Greenpeace
“The CSA has commited a serious error by failing to
acknowledge the rights and interests of aboriginal
peoples across this country." - Russel Diabo -
Canada. "This process is nothing more
than the industry trying to buy a green
stamp of approval for the status quo and
will serve only to jeopardize Canada's
reputation nationally and internationally.
The NGO statement strongly
supports the development of an interna-
tional ecolabel for wood products. To
promote ecologically responsible for-
estry, many groups have been involved
nationally and internationally to create
certification processes that consumers
can trust.
"People rely on the CSA to
develop product standard that protect the
health and welfare of people who buy the
products," said Elizabeth May of Sierra
Club of Canada. "The health of our
environment is integral to the health of
Canadians and standards that enshrine
clear-cutting and other destructive
logging practises do nothing to protect
our long-term interests."
Other certification processes, such
as the one promoted by the Forest
Stewardship Council, have required the
full involvement of First Nations,
emphasizing that the nghts of indig-
enous people to own, manage, and
conserve their natural resources on their
territories must be acknowledged and
respected. The initiative funded by the
CPPA not only does not address the right
and concerns of First Nations, it has not
facilitated the involvement of First
Nations in developing the standards.
"The Canadian Standards Asso-
ciation has committed a serious error by
failing to acknowledge the rights and
interests of aboriginal people across this
country," said Russel Diabo, spokes
person of Algonquins of Barrier Lake
First Nation. "The CSA should realize
that aboriginal peoples are significant
land users in the forest of Canada."
For more information please contact:
Russel Diabo, Algonquins of Barrier
Lake (613) 233-8686
Tamara Stark, Greenpeace Canada in
Vancouver (604) 253-7701 ext. 209
(Ontario Rules Boycott Legal - Continued from page 7)
ever these tools have to be available to us. That is why today's court decision is an important one for all Canadians who
share our concern that corporations and governments, like individuals, have to be held accountable for their actions.
If Daishowa truly wants to end the boycott, they don't need to take us to court. All they have to do is make a clear,
public and unequivocal commitment not to cut or to buy wood cut on unceded Lubicon Lake Nation territory until a land
rights settlement is reached with both levels of government and a timber harvesting agreement negotiated with the Lubicons
which respects Lubicon wildlife and environmental concerns.
We don't think that their customers are any more impressed than we are when Daishowa resorts to court actions to
shut down their opposition instead of merely making the simple, responsible decision being asked of them.
For more information, please contact: Friends of the Lubicon at (416) 783-4694,
Clayton Ruby, Legal Counsel, at (416) 964-9664, or Lubicon Chief Bernard Ominayak at (403) 436-5652
MAY 1995
11
UBCIC NEWS
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