Union of B.C. Indian Chiefs Newsletter (May 1995)

1.06-01.08 Union of BC Indian Chiefs Newsletter

1.06.-01 Newsletters and bulletins sub-series

May 1995

english

1.06-01.08-06.02

12

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

Chief Saul Terry

Carole Dawson

Wendy Ancell

periodical

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 UNION OFB.C. INDIAN CHIEFS SUBSCRIPTION F O R M NAME: FOR OFFICE USE ONLY DATE RECEIVED: CHEQ/M.O. # EXPIRY DATE: ADDRESS: POSTAL/ZIP CODE: PROVINCE/STATE: 1 Y E A R SUBSCRIPTION NLETTER INDIVIDUALS: $35.00 NCLIPPING MEMBER BANDS: $75.00 TOTAL AMOUNT ENCLOSED Please make cheque or money order payable to: INDIVIDUALS: $100.00 $ UNION OF B.C. INDIAN CHIEFS, 3RD FLOOR - 342 WATER STREET, VANCOUVER, B.C., V6B 1A1 CHIEFS MASK B O O K S T O R E ARTS & CRAFTS BOOKS - FIRST NATIONS GALLERY - JEWERLY (GOLD AND SILVER) - ABORIGINAL ISSUES - POTTERY - GOVERNMENT -PRINTS - LAND CLAIMS - T-SHIRTS -LAW - LEATHER WORK -ART -MASKS - CHILDREN'S BOOKS - BEADWORK - TEACHING AIDS - TRADITIONAL MUSIC - POETRY CALL, WRITE OR DROP IN TODAY! - AND MUCH MORE! 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 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 - GOVERNMENT - PRINTS - LAND CLAIMS - T-SHIRTS - LAW - LEATHERWORK ART - MASKS - CHILDREN'S BOOKS - BEADWORK - TEACHING AIDS - TRADITIONAL MUSIC - POETRY 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