Periodical
Union of B.C. Indian Chiefs Newsletter (Summer 1996)
- Title
- Union of B.C. Indian Chiefs Newsletter (Summer 1996)
- Is Part Of
- 1.06-01.08 Union of BC Indian Chiefs Newsletter
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- June 1996
- Language
- english
- Identifier
- 1.06-01.08-07.02
- pages
- 18
- Table Of Contents
-
IN THIS ISSUE...
2. President's Message
3. UBCIC Education Conference
4. Proposed Indian Act Changes
5. Irwin Re:Extinguishment
6. UBCIC Health Update
9. Institute of Indigenous Government
10. Mandell, Pinder Legal Update
13. Ab. Affairs Legislative Committee
14. Prov. Aboriginal Hunting Policy
16. Stewart Phillip Interview - Contributor
- Chief Saul Terry
- Lorraine Champigny
- Jennie Blankinship
- Ovide Mercredi
- Ronald Irwin
- Stewart Philip
- Type
- periodical
- Transcription (Hover to view)
-
UBCIC
NEWS
Union ofB. C. Indian Chiefs
NEWSLETTER
SUMMER 1996
STEWART PHILLIP
RECOVERY FUND
Band Councillor Stewart Phillip
served as the controversial spokesman
for the Penticton Indian Band. Stewart
articulated the Bands positions and put a
face to the PIB's many battles with the
Provincial and federal governments.
Stewart Phillip's long-standing
battle to defeat the cancer growing i n his
liver came to a climax late Tuesday, June
18, 1996 when health care officials of the
solid organ transplant program of the
Vancouver General Hospital phoned to
inform his family that a suitable donor
had been identified. Stewart was
immediately flown to V G H on an
emergency medevac flight. We are
gratefully relieved and pleased to report
that Stewart survived the 10 hour liver
transplant operation which took place on
Wednesday, June 19, 1996. Further, we
are delighted to inform you that his
prognosis for recovery is extremely
promising. In fact, Stewart's rate of
recovery has been described as "nothing
short of miraculous ' by his physicians.
Prior to the transplant operation,
Stewart's doctors described his condition
as terminal and gave him one year to
live.
The rigorous post-operative outpatient treatment program demands that
Joan and Stewart Phillip reside in
Vancouver for a minimum of three
months due to the fact that this represents a delicate timeframe whereby many
transplant patients suffer "rejection
episodes". Therefore, patients must live
in close proximity to the outpatient
1
Continued on Page 3
SUMMER-
1996
VAN DER PEET vs REGINA
SUPREME COURT OF CANADA DECISION
August 21, 1996 — Statement from Chief Steven Point,
Chiefs' Representative on behalf of the Sto:lo Chiefs and the
Appellant Dorothy Marie Van Der Peet.
Thank you for joining us here
the fishery that includes a
this morning. As you know, the case of
commercial component.
Van Der Peet was dismissed today at
W h a t that economic
the Supreme Court of Canada because
component will be has
she did not provide the evidence to
been l e f t o p e n f o r e i t h e r
satisfy the new test pronounced.
negotiations or f a i l i n g negotiations,
another court case. The Sto:lo are
The d e c i s i o n advances the
prepared to do either.
struggle to have o u r r i g h t s
This is a clear signal to the
recognized legally and politically. It
Government of Canada that negotiations
is another step towards proper
must occur with the Sto:lo i n a manner
recognition of our aboriginal rights.
that fully respects our rights i n the
Today the Supreme Court of Canada
fishery. Those rights were not frozen in
rejected the legal analysis used by the
time or lost upon the arrival of
B . C . Court of Appeal. The Supreme
Europeans. The S.C.C. clearly states
Court of Canada has left the d o o r
that aboriginal rights continue into the
o p e n to d e c l a r e t h e
future. The Sto:lo will continue the fight
c o m m e r c i a l component to the
to have our rights recognized.
aboriginal fishing right.
The Supreme Court of Canada
has developed a new test that was not
before the Courts when we began this
case nearly ten years ago. The test
IN THIS ISSUE...
which we all need to meet has now
2. President's Message
been delineated. The economy of the
Sto:lo's fishery was an integral part of
3. UBCIC Education Conference
the distinctive Sto:lo culture. This is
4. Proposed Indian Act Changes
the test that the Supreme Court of
Canada has now told us we must meet.
5. Irwin Re:Extinguishment
We can meet this test and so can most
6. UBCIC Health Update
First Nations and the Minister of
Fisheries and Oceans, the Honourable
9. Institute of Indigenous Government
Fred Mifflin knows that.
10. Mandell, Pinder Legal Update
In 1994 the B . C Court of Appeal
decided that there was no commercial
13. Ab. Affairs Legislative Committee
aspect to our aboriginal right. The
14. Prov. Aboriginal Hunting Policy
Supreme Court of Canada clearly
rejected that analysis. The highest
16. Stewart Phillip Interview
court in Canada has now said that it is
possible to have an aboriginal right to
1
UBCIC
NEWS
Message From the President
July 29/96 Letter to
Minister of Indian and Northern Affairs
Dear M r . Minister:
I know that you are a very busy member of Parliament and cabinet so 1 shall make my words brief.
In late 1994 efforts were made to organize regularized meetings between your office and the office of the Union
of B. C. Indian Chiefs. Nation Representatives of Chiefs Council were very optimistic at that time. Optimistic to the point
that our nation representatives traveled to Ottawa to kindle that hope. The chasm between us seems to have widened. Rather
than having a relationship flourish with bridges from "results-oriented" discussion, neglect has taken its toll.
covered the issues falling under inherent
For example:
self-government which may have
>
the M i n i s t e r - Chiefs
included the dismantling of Indian and
Council meetings which were to have
Northern Affairs.
occurred four times annually has never
I would surmise that you and
come about.
your government have your particular
>
Policy issues in education,
reasons for not following through with
social services, health and other programs
a
relationship
continue to be
development with the
troublesome. We
Union of B . C . Indian
had
hoped to
"...The chasm between Chiefs.
address
these
Your statement
matters through
us
seems to have
reported by the media
the
Program
widened...neglect has that as long as Indians
Assessment a n d
have problems then
Review process you
taken its toll."
your department is
had initiated. I had
devising policy that is
further hopes that
good for the federal government. It
your department would have found new
continues a legacy for despondence.
money to participate with us i n the
To paraphrase the late Grand Chief
development of the Institute of lndigenous
Philip Paul's words; 'we make many
Government. Its growth is demonstrated
efforts to compromise our politics
through the extension programs we have
without compromising our principles',
negotiated at Tsartlip and Mission Three
however our efforts to date have mainly
other arrangements are under discussion.
been
made for naught.
>
We need to explore further
Positive changes which are i n
the
two stage
"umbrella"
the
interest
of our Peoples must be
Comprehensive Framework Treaty
sought,
therefore,
I would recommend
process we had tabled with the federal
that
we
make
immediate
arrangements
government on July 30, 1990. Within
to
meet
and
discuss
the
agenda
items
this process discussions could have
outlined above. They remain relevant
in our future.
Sincerely,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry,
President
2
Office of the
Minister Responds:
August 14, 1996
Dear Chief Terry:
On behalf of the Honourable
Ronald A. Irwin, Minister of Indian
Affairs and Northern Development, I
wish to acknowledge receipt of your
letter dated July 29, 1996, requesting
a meeting with the Minister to
discuss various issues.
Regrettably, the Minister will
not be available to accommodate
such a meeting at this time, as his
schedule is fully booked with prior
commitments. However, perhaps a
meeting could be arranged on a
future trip to British Columbia. I
will contact your office, should this
opportunity arise.
Sincerely,
Lorraine Champigny
Acting Scheduling Assistant
Footnote:
August 22, 1996 - Minister
Irwin is confirmed to address the
"Aboriginal Law In Canada Conference" in Vancouver at 8:45 am on
September 27, 1996 at the Sandman
Inn. His office has not contacted the
UBCIC to arrange a meeting with the
Chiefs Council.
SUMMER
1996
UBCIC
NEWS
Chiefs, Council, Elders, Educators,
Co-ordinators, Students
ByJennie Blankinship,
UBCIC Education Coordinator
A resolution was passed on June 11 & 12, 1996 at the UBCIC Chiefs Council
Meeting to host an "Education Conference" to address critical issues pertaining to
Indian education on and off reserve.
"Stewart Phillip Recovery Fund"
ContinuedfromPage 1
"EDUCATION: A N INHERENT
RIGHT PERSPECTIVE
Union of BC Indian Chiefs
Education Conference
September 18 & 19,1996
Chief Louis Centre
Kamloops Indian Band School
John Watson, from DIA stated that
quality and resourcing of education.
there is an increase in Aboriginal services!
Everyone is encouraged to participate.
That the nominal roll reviews w i l l reflect
Assert your
increases to K-12 education! He claims
Education."
that they are accountable to the Attorney
leaders, teachers, educators, parents,
General and the Auditor General for
families and students is strongly
dollars spent! Evidence shows that there
recommended.
is cutbacks of our funding dollars for band
"Inherent
Right
to
Participation of elders,
Please make donation
Confirmation of attendance is
schools, administration, travel, tuition,
requested by September
l i v i n g allowances, special needs,
Registration is free of charge.
curriculum development, health, etc. We
Jennie Blankinship at 1-604-684-0231 or
know all too well that there is a 2-3 year
fax 1-604-684-5726. The U B C I C is not
waiting list for post-secondary education.
responsible for travel or accommodation
Education funds should reflect our
expenses, participants are to make own
increasing population. It's towards the
travel and accommodation arrangements.
Indian people that DIA is accountable to!
Lunch will be available at "Laura's
The government has a fiduciary
responsibility to provide education to all
Indian people.
Topics focused on at this conference
will include jurisdiction, management,
SUMMER-
1996
cheque payable to:
1, 1996.
Phone
Kitchen" at $5.00 per person.
The
episodes". Therefore, patients must live
in close proximity to the outpatient
treatment clinic and the emergency ward
of Vancouver General Hospital.
Needless to say, this will place a
heavy burden and strain on their somewhat limited financial resources due to
the fact they shall be forced to meet the
expenses which shall be generated by
maintaining two residences. They are
also faced with the prospect of buying
medical supplies and equipment to
monitor and maintain his condition
during this post-operative period.
Therefore, we are appealing to
your generosity by asking for your
financial support to assist Joan and
Stewart Phillip through these difficult
and worrisome times.
U B C I C C h i e f s Council
Meeting w i l l be held on Tuesday,
"Stewart Phillip
Recovery Fund"
Att: Greg Gabriel,
Administrator
c/o PENTICTON INDIAN
BAND
R.R.#2, Site 80, Comp. 19
Penticton, B.C.
V2A6J7
September 17, 1996, at the Kamloops
Indian School, Chief Louis Centre.
All contributions shall be
greatly appreciated.
3
UBCIC NEWS
—
Proposed Changes to the Indian Act
Letter to Ron Irwin, Minister of Indian and Northern Affairs
"...The real issue is not
revision of the Indian Act
but recognition of the rights
that have been denied to us since
confederation
and to enact
constitutional
legislation
to
guarantee these rights''
A Declaration of Indian Rights
The B.C. Indian Position Paper
November 17,1970
Union of B.C. Indian Chiefs
These changes reduce the scope
of Canada's fiduciary responsibilities
by off-loading these obligations to
individual bands in the guise o f
self-government. Many of the
responsibilities of the federal
government are currently being offloaded to First Nation bands and
communities on a program-byprogram basis, with no guarantee that
these programs w i l l be continued or
that these programs will be funded at
an adequate level in the future.
These changes do not recognize
or respect the inherent right of self
determination of Indigenous Peoples,
rather these changes represent a move
towards self-administration in which
individual communities and bands
administer the federal government's
programs and policies at a local level.
While some of the proposed
changes may seem minor to your
government, we have learned long ago
that even seemingly insignificant
changes to the Indian Act have the
potential to reverberate loudly within
First Nation communities. For
example, where minor clauses of the
Indian Act are repealed, this creates a
vacancy in which provincial law may
become applicable, resulting in a
patchwork of different laws for First
4
(November 2, 1995)
m am writing this letter in response to the changes to the Indian Act
that your department is currently proposing. You have stated that "none of the
potential amendments affects aboriginal or treaty rights or alters the
government's fundamental fiduciary relationship with First Nations.'' It is
clear to the Union of B.C. Indian Chiefs that the proposed
changes
will fundamentally alter the fiduciary trust relationship between Canada and
First Nations, and will minimize and mitigate the fiduciary
obligations
owed to First Nation Peoples by the government of Canada.
Nations across the country.
In your letter o f September
1, 1995 (which was received by our
office on October 3, 1995) you stated
your belief that there is a level of
positive support for the changes that
your department is proposing. W e
feel that you have been
misinformed. A total of 61 individual
responses does not equal a positive
mandate of support of your proposed
changes. We are deeply
uncomfortable with the lack o f
openness in the process through which
your departments has proceeded.
Which communities and Nations
have shown support for these
changes? What is the exact nature of
this support? The Union of B.C.
Indian Chiefs calls upon your
department to make these letters,
including the names of the senders,
openly available to all First Nations
organizations in this country.
The response that the Union of
B.C. Indian Chiefs has received from
our members has been overwhelming:
Indian Nations within British
Columbia do not accept they piecemeal changes to the Indian Act that
your department is currently
p r o p o s i n g . A n y changes
fundamentally altering the relationship
between Canada and First Nations can
only be made via negotiations and in a
manner which is mutually acceptable
to all parties. The process which your
department has used in order to put
through these changes is not
acceptable to us. We vigorously
oppose and refuse to accept any
changes to the Indian Act which
reduce the extent of the Federal
Government's fiduciary obligations to
First Nations.
Yours truly,
UNION OF B.C INDIAN CHIEFS
Chief Saul Terry, President
cc A l l UBCIC Members
Chief Saul Terry, X'wisten
President, Union of B.C. Indian Chiefs
SUMMER
1996
UBCIC NEWS
A.F.N. Special Assembly
Announcement
To:
Chiefs, Tribal Councils, PTO's
From:
Ovide Mercredi, National Chief
Date:
August 13, 1996
Re: Change of Date for Special Assembly of
D I A N D ' s proposed Indian Act Amendments
This is to inform you that there is a change in
schedule for the upcoming Special Assembly on
DIAND's proposed Indian Act amendments, it will
now be held September 23, 24, 1996 in
Winnipeg, Manitoba.
The Department of Indian Affairs
has developed an Indian Act amendment
package which contains some 63 changes,
which is virtually half of the Indian
Act. This represents the most massive
set of changes since the 1951 amendments
to the Indian Act. Our preliminary
analysis indicates that DIAND's Indian
Act amendments package will result in
serious negative impacts on our lands, our
people, our treaties, and our fiduciary
relationship with the Crown.
The purpose of this Assembly is to provide you
with a detailed analysis o f D I A N D ' s proposed
Indian A c t Amendments, and to discuss a strategic
response to the federal government regarding DIAND's
proposals.
We are also inviting representatives of the
signatories to the First Nations Land Management
Framework Agreement to provide the Assembly with
and update on the status of their initiative.
The Minister of Indian Affairs, Ron Irwin, has
already informed our Assembly on July 10, 1996, that
he has received drafting instructions from Cabinet and
he will proceed in the House of Commons this fall with
the Indian Act amendments package.
Minister Irwin is proceeding with these
amendments even though he has received only 61 letters
reportedly from 214 First Nation communities, 77%
of these First Nation communities are reportedly
"supportive of the amendment initiative."
I urge you to attend this important Assembly to
discuss this matter before it is too late to do anything
about it, otherwise the federal government will interpret
your silence as consent.
Irwin Re: Extinguishment
Dear Chief Mercredi:
Thank you for your letter of May 22, 1996
expressing your concerns with respect to the issue of
extinguishment.
Since the publication o f the report of the
Honourable A . C . Hamilton, the federal government has
been conducting a preliminary internal assessment of how
best to achieve certainty with respect to ownership and
use of lands and resources through the negotiation of
comprehensive land claims. In considering this issue,
Canada has taken into account M r . Hamilton's views,
the recommendations in the interim report of
the Royal Commission on Aboriginal
Peoples, entitled Treaty Making in the
Spirit of Co-existence, and other
proposals or suggestions that have been
submitted to me.
Through this process of internal
review, the federal government has
developed a set of principles that might
serve as a basis for a new legal technique
for achieving certainty. A copy of these
principles is enclosed with this letter.
M y intention is to undertake consultations on the basis
of these principles with Aboriginal people, provincial
and territorial governments and other parties that
may be affected by comprehensive claim settlements. I
agree with you that it is essential to undertake such
discussions and consultations before any final decision is
made on appropriate legal techniques for obtaining
certainty.
The approach outlined in the enclosed principles
would eliminate the requirement for a clause
surrendering Aboriginal rights, but would preserve the
objective of achieving certainty for all residents and users
of areas subject to comprehensive land claims. If such an
approach were to be adopted, it would only be applicable
to unsettled comprehensive land claims and would not
lead to the reopening of existing treaties or land claims
agreements.
The federal government wishes to work with the
A F N , and other affected parties, in reviewing and further
developing the principles, before any final decision is
made on the issue of how best to achieve certainty. M y
officials will be contacting the A F N to arrange a meeting
on this issue.
Yours truly, Ronald A. Irwin, PC, MP
'...The federal
government will
interpret your
s i l e n c e as
consent.'
SUMMER-
1996
5
UBCIC
NEWS
UNION OF B.C. INDIAN CHIEFS
UP-DATE ON CUTBACKS TO
NON-INSURED HEALTH BENEFITS
AUGUST 1996
The Union of B. C. Indian Chiefs issued a Health Bulletin
in July 1996. We stated that "... Chief Saul Terry wrote a letter
to Larry McCafferty (Regional Director of Medical Services
Branch, Pacific Region) that any notion they have to transfer
initiatives of the Non-Insured Health Benefits (N.I.H.B.) to the
First Nations Summit's Health Executive and the Federal
Government's Envelope Committee will not be tolerated".
Larry McCafferty wrote a letter to Chief Terry taking exception
to this comment because he claims that they have not initiated
any discussions nor are any discussions intended to take place on
Transfer of NTHB to the Summit Health Committee or to the
Province of British Columbia. He added that Pacific Region does
not have the authority to transfer NTHB to individual bands,
collectivity of bands or any provincial or regional authority.
When Is A Discussion Not A Discussion?
The Transfer of Health to Indian Bands has been a major
discussion between Indian Bands and Medical Services Branch
since 1981. While Health and Welfare claimed that transfer had
to be supportive of Indian aspirations, it also had to be compatible
with initiatives of other departments such as Indian and Northern
Affairs, Employment and Immigration etc. Indian aspirations
invariably become overwhelmed by the dominant government
strategies and initiatives. They also stated in the "Discussion
Paper: Transfer of Health Services to Indian Communities"
dated May 15,1981 that "while consultation is a necessary and
effective process, it must be understood that it is more difficult
and slower than unilateral action". They also stated that
"initiatives i n the area of health will be governed by the
legislative framework proposed by Indian and Northern Affairs".
This is 1996 (15 years later). The extinguishment of our
aboriginal rights has continued to be the major undertaking for
the Federal Government. Some day, the consequence of
extinguishment of our rights will result in major physical,
emotional, mental and spiritual ill-health. This is why we have
a responsibility to notify Health and Welfare Canada that they
cannot unilaterally extinguish our rights through cut-off to
health services. They and their people are wealthy from Indian
lands and resources and have never paid our people a fair share
of all the wealth they extracted from Indian territories.
In the government-prepared booklet' 'Non-Insured Health
Benefits Pilot Project Hand-book" dated November 14,1995 it
categorically states that Non-Insured Health Benefits Transfer
Pilot Projects are projects i n which First Nations communities
assume the total responsibility for managing the NTHB Program.
It states that these Pilot Projects may revise the M S B Benefit
6
Directives, Benefit Levels and eligibility criteria. Medical
supplies and equipment; vision care services; medical
transportation are the only NIHB programs to be transferred.
Dental services and drugs are to remain with Blue Cross.
While the Union of B . C . Indian Chiefs stands to be
corrected, it is not a question of discussions taking place with the
Health Executive Committee of the First Nations Summit or the
Provincial Government in the transfer of the NTHB progam to
them: the fact ofthe matter is discussions have been taking place
for years and as a result, pilot projects have been initiated and
there is no doubt that these models will lead Indian bands into
this federal initiative. We know the federal government has a
track record of wasting money on various initiatives over the
years but we beg the question: would National Health and
Welfare spend thousands of dollars on pilot projects if they have
no intention of transferring parts of the NTHB program?
COMMITTEES ASSISTING M E D I C A L SERVICES
B R A N C H IN B.C.
The Envelope Management Committee
This committee considers and recommends approval of:
1. The allocation of resources to centre managers of Medical
Services Branches.
2. The development of terms and conditions to be attached to
resource allocations concerning the purpose, limitations,and
availability for reallocation of resource allocations.
3. The development of general guidelines and processes such as
formulae for resource allocations, priorities, statement of
purpose related to the allocation of resources.
4. Reviewing the financial position of the Pacific Region in
relation to budgeted resources against expenditures and
commitments and to develop corrective measures to recover
from apparent over-expenditures or the utilization of lapsing
resources.
5. Setting capital priorities and allocations and approval of
annual plans.
Members to this Committee? Regional Director of the Medical
Services Branch i n Pacific Region; his Associate Regional
Director; his Assistant Regional Director of Administration;
HEALTH (Continued on page 7)
SUMMER
1996
UBCIC
NEWS
HEALTH (Continuedfrom page 6)
his Regional Manager of Financial Services; his Zone Directors
of South Mainland and the North East; his Acting Manager of
Post Transfer Relations, and representatives from the First
Nations Summit Health Committee.
The Pacific Indian Health Executive Committee of M . S . B .
The purpose of this Committee is to:
1. Ensure that team approach to decision-making is enhanced and
senior management of the Region works towards a common goal
of the Region.
2. Ensure that based on the Vision Policy and Program Directives
of the Branch, Regional decisions are made based on input from
senior Regional Managers.
3. Ensure that strategic Regional decisions are made including
resource allocation on the basis of current program requirements
and the future direction of the Region.
4. Be the point of dissemination of consistent information of
significance to the operations of the Region.
Members to this Committee? The Regional Director of Medical
Services Branch, Pacific Region; his Associate Regional Director,
his Assistant Regional Director of Administra-tion; his Regional
Manager of Financial Services and Administration; his Manager
of the Non-Insured Health Benefits Program; his Manager of
Environmental Health Services; his Acting Manager of the Post
Transfer Relations; his Manager of the Program Transfer; his
Zone Directors of South Mainland, Vancouver Island, North East,
and the North West; his Manager of Human Resources Division;
his Director of Communications; representatives from the First
Nations Summit Health Committee; and a recording secretary.
These members meet to:
1. Discuss and decide solutions to current issues of significance
to the Region.
2. Recommend annual and periodic resource allocations, and reallocations.
3. Review, discuss and recommend to the Regional Director or his
Associate Regional Director, the strategic direction for B C Region.
4. Be the sounding board for issues and strategies to be tabled with
the Branch Executive Committee known as the B.E.C.
5. Share information and ideas, identify opportunities for program
sharing and resource savings.
6. Review the terms of reference of this committee annually.
Please continue to provide us with invoices
you receive from your doctors or dentists. As
aboriginal people discover that they must pay
towards their medical and dental services, what
displeases them mostly is the fact that Medical
Services Branch has not shown them the courtesy
of notifying them by letter of changes to these
services. We would appreciate carbon copies of
letters you issue to government officials.
What the Union of B.C. Indian Chiefs said they would do:
1. A letter was sent to the Hon. David Dingwall including the
Petitions signed by Indian people.
v
2. A letter was sent to the Human Rights Commission of the
United Nations in Geneva. It included the Petitions and other
important facts related to National Health and Welfare cutbacks
to Non-Insured Health Benefits. Carbon copies went to Health
and Welfare, Canada; Department of Indian and Northern
Affairs, the Assembly of First Nations.
The following clarifies changes to the Directives for the NonInsured Health Benefits Branch of Medical Services Branch:
Health Bulletin
N e w Health Care Directives
July 28, 1996
This notice is to clarify the changes made to Non-Insured
Health Benefits Program Directives.
The Directives for the program itself, or the "Medical
Services Branch (MSB) Non-Insured Health Benefits (NTHB)
Program", have not been changed. The "Vision Care" and
' 'Payment Of Non-Insured Health Benefits Outside of Canada''
Directives also remain the same.
Changes have been made only to Directives 1/3,1/4 and
1/5, which are the "Medical Transportation'',' 'Dental Services"
a n d ' 'Drugs and Medical Supplies and Equipment'' Directives,
respectively.
No changes to the "Medical Transportation" Directive
have been published, however, Medical Services Branch no
longer uses Treasury Board travel rates. Costs used now are
actual costs, fixed costs or pre-negotiated costs.
The "Drugs and Medical Supplies and Equipment"
Directive has been changed by the deletion of the last bullet on
Page 2, paragraph 3(a), allowing tretinoin and retinoic acid
preparations to be covered under this Directive.
The most extensive changes have been made to the
"Dental Services'' Directive. Community members and Health
Coordinators would be well advised to contact their local Medical
Services Branch office for detailed reports on the new coverage
policies.
HEALTH (Continued on page 8)
SUMMER-
1996
7
UBCIC
NEWS
HEALTH (Continuedform page 7)
Letters:
The N.I.H.B. Pacific Region branch has drafted a regional
procedure to be used in conjunction with Interim Program
Directive No. 7 "Mental Health Services". This includes both
the criteria for the N.I.H.B. benefit (Crisis Intervention) and for
Building Healthy Communities (Crisis Management). These
procedures can be obtained from your local medical Services
Branch office.
In the U B C I C health bulletin dated July 5, 1996, it was
stated that "Certain Medical professions and Aboriginal
communities have not been notified of the new guidelines".
UBCIC was later told by the N.I.H.B. office that doctors' offices
receive updated lists of all of the procedures which are covered by
premiums for First Nations people. Health Care professionals
dealing with First Nations should request updated indexes of the
services covered by premiums in the N.I.H.B. program from:
Health Canada, Medical Services
Branch
Non-Insured
Health Benefits, Pacific
Region
Indian and Inuit Health Client
Services
Suite 3510, 757 West Hastings
Street
Vancouver,
B.C.
V6C1A1
Telephone: (604)
666-3331
Facsimile:
(604)
666-3200
The 20th Annual Elders
Gathering of B.C.
Sacred Heart
" C h u r c h of t h e F i r s t
Peoples"
Dear Friends:
The Directors and Finance Committee of Sacred Heart
CHURCH OF THE FIRST PEOPLES in Edmonton, Alberta
are launching a large campaign for donations to repair our
very much old church, which requires substantial work.
(Building is 82 years old)
In May of 1993, Archbishop Joseph N. MacNeil,
Archbishop of Edmonton, declared that Sacred Heart
CHURCH OF THE FIRST PEOPLES to be a national parish
for our Native-Metis people with all the rights, both spiritual
and temporal which other national parishes of the archdiocese
participate and enjoy.
As a point of interest, we are very proud that the
Healing Mass for Elijah Harper, MP, was held at our parish
and he recently stated to the Canadian Press that the prayers of
the people of our inner-city church and all aboriginal and nonaboriginal people across the land are credited to the recovery
of his health when he was plagued with a near fatal mystery
illness in the fall of 1994.
Your donations, whether large or small, will be greatly
appreciated towards the repair of this historic and cultural
church. Tax receipts will be provided upon request 10821-96
Street, NW, Edmonton, Alberta, T5H 2J8 Phone: (403) 4223052 Fax: (403)423-0176
Yours in Peace & Friendship
Sacred Heart CHURCH OF THE FIRST PEOPLES
Rev. James L. Holland, OMI
Pastor
DIRECTORS:
Submitted by Jennie Blankinship
T h e Gathering was hosted by the Saanich Nations
on Vancouver Island on August 6 to 8, 1996. Elders from
across B . C . and the neighboring states (USA) made the
conference a huge success. Discussions focused on:
Indigenous Rights, Health & Welfare, Suicide i n the
communities, Respect, Education, Traditions, Healing,
Environment, Treaty Making and Our Inherent Right to
self-determination. Recommendations were made to
encourage the involvement of elders in their communities
and organizations. "It is time to take action'' an elder
stated" and "Stand by your leaders." The conference was
very enjoyable. The Okanagan Nation will be hosting the
next conference i n Penticton i n 1997.
8
Elijah Harper, Member of Parliament
Audrey Ahenakew, Manager, Aboriginal Banking Canada,
Royal Bank of Canada
Edward Molstad, Queens Council Barrister & Solicitor
Constable Randy Wickins, Native Liason, Cultural Resources
Centre, Edmonton Police Services
Maggie Hodgson, Director-Nechi Institute
FINANCE COMMITTEE:
Flo Baker, Publisher First Nations Free Press,
Native Youth News
Linda Lee Jones, Secretary, Cross Cancer Institute
Leonard Gauthier, President Metis Business Association of
Edmonton
SUMMER
1996
UBCIC
NEWS
Education Update
Submitted by Jennie Blankinship
T h e 1996 World Indigenous Peoples Conference on
Education was held in Albuquerque New Mexico, June 17
to 22, 1996. The hosts were American Indians, Native
Alaskans and Native Hawaiians. Involvement of native
educators, tribal elders, students and leaders met to plan and
adopt themes of vision and purpose for our future.
Determining our own affairs and a right of all people to
acquire education of our own making were the main
themes. Presentations were held by working groups from
every province in Canada, United States, New Zealand,
Africa, Russia, Australia, Norway and Costa Rica.
Workshops focused on curriculum development,
traditional healing in communities, language development,
post-secondary education, Early childhood development,
teachers training, research, self-determination in education
and training, nutrition, aboriginal studies, and education
rights. Elder Nathan Spinks, Laurie Sterritt and I
facilitated the Institute of Indigenous Government
Workshop. The next conference will be held in Hilo,
Hawaii in the year 2000.
MYSTERY
PHOTO
Do You Know This Woman?
Institute of Indigenous Government partners
with First Nations Tribal
Justice Institute for justice studies program
Vancouver, B.C. June 20, 1996 — At a press
conference in North Vancouver today, two of the leading
indigenous institutions in British Columbia announces a new
partnership that will bring into existence an accredited postsecondary program in indigenous studies in September,
1996. The new one-year certified program in Indigenous
Justice Studies will be delivered jointly by the Institute of
Indigenous Government (TIG), located in Vancouver, and the
First Nations Tribal Justice Institute (FNTJI) in Mission,
B.C.
It is expected that most students will take the 30 credit
program at the FNTJI's new School of Indigenous
Peacemaking as part of a larger training program; required
courses will be delivered through the IIG's extension
program. Other students will be able to take the program in
Vancouver at the IIG campus in Gastown. The focus of the
new program is education and skill-training for the
development of indigenous justice systems.
SUMMER-1996
' 'This program is an important step on the road to
putting in place our own systems of justice to better
serve the needs of our people," said Chief Saul Terry, Chair
of the IIG Board of Governors and President of the Union of
B.C. Indian Chiefs. "The IIG welcomes this opportunity to
work with the First Nations Tribal Justice Institute in carrying
out our mission of empowering Indigenous Peoples through
education to exercise effectively their right of selfdetermination in their territories — in this case, their right of
self-determination in the field of indigenous justice. I know
that the need is great for this kind of program all across
Canada. I expect that it will be much in demand and I am
confident it will be a resounding success for our youth, our
communities and our nations."
Contact: Chief Saul Terry, (604) 684-0231
Mr. Jim Maloney, FNTJI, (604) 826-3691
9
UBCIC
NEWS
LEGAL UPDATE
Submitted by Mandell, Pinder
FISHING:
HUNTING:
Nikal v. The Queen; Lewis v. The Queen
Regina v. Seward, Thomas & Thomas
This was a hunting case, involving members of the
Penelakut Band, who were charged under the B.C. Wildlife
Act for hunting at night with a light, out of season, and
outside of reserve land. This case was heard at the Provincial
court level. The court affirmed that the hunters have an
aboriginal right to hunt, and that hunting rights extend
throughout their traditional territories, and beyond reserve
boundaries. The aboriginal right includes the right to hunt at
night, i f that is the preferred means of hunting. The court
also noted that the provisions of the Wildlife Act under which
the Defendants were charged denied the hunters their
preferred means of exercising that hunting right.
In the Seward case the Crown argued that the
members of the Penelakut Band should be forced to prove that
their peoples constituted an organized society at the time of
the assertion of British sovereignty. The Court criticized this
saying that it was "egregious and opportunistic," and not in
keeping with the Crown's obligation to take a trust like
approach as opposed to an adversarial approach in it's
dealings with Indian peoples.
In the Seward case the Crown presented evidence that
night hunting was unsafe and created conservation problems,
and stated that these reasons justified the interference with
aboriginal rights found in the Wildlife Act. The Court did not
accept this argument and pointed out that laws which impact
aboriginal rights have to take into account the legitimate
interests and rights of aboriginal peoples prior to the law
coming into place, and that the rights of aboriginal peoples
have to be taken seriously by the Government when making
new laws.
The Seward case is a very positive case in terms of its
affirmation of aboriginal hunting rights. However the Crown
is now appealing this decision.
In April, 1996, the Supreme Court of Canada issued its
reasons in these two fishing cases. These decisions deal
primarily with reserve based rights under the Indian Act.
Although a right of self-government (not confined to reserves)
was argued in Lewis, the Supreme Court did not address the
issue directly. The Court's analysis of aboriginal fishing
rights is very disappointing.
In these cases, it was argued on behalf of the Bands,
that:
1. a fishing bylaw made under the Indian Act applies
to the river adjacent to the reserve;
2. the licence requirement under Federal Fishery
Regulations is unconstitutional because it infringes
aboriginal rights, contrary to section 35 of the
Constitution Act, 1982.
The Court did not agree with the Bands. The Court said:
1. Under s.81 of the Indian Act, band councils may
make bylaws for "the preservation, protection and
management of...fish...on the reserve." The Court
concludes that " o n the reserve" means "within the
reserve" or "inside the reserve". The fishing bylaw
does not apply to rivers passing through the reserve
as the Court finds the rivers to be outside of the limits
of the reserves.
2.
The Court said that aboriginal people are
required to obtain licences and that a government
licensing scheme is not a violation of section 35. The
terms of a licence might be unconstitutional, as found
in Nikal, but the requirement of a licence was not:
"It is clear that the Federal Government may validly
require aboriginal people to obtain a fishing licence
pursuant to section 4(1) of the British Columbia
Fishery (General) Regulations."
In these cases, the Bands argued that they had
exclusive fishing rights. The Court found that the Indian
Reserve Commission had no authority to establish exclusive
fisheries or fishing rights. Non-exclusive fishing rights were
neither argued nor decided by the Court and will be advanced
in another case another day. With respect to aboriginal
fishing rights, D F O can require a licence. The Court also says
that the Crown is the manager but must take account of
aboriginal fishing rights. In this way, the Court has reduced
management rights. Aboriginal people have a right to
participate in management decisions; the federal government
is the management authority. The Court did not support
broad rights of self government and management authority in
relation to the fishery.
The Court has not yet issued its reasons i n the cases
involving the right to barter, trade or sell fish: we are still
awaiting the decisions in Van der Peet, NTC Smokehouse and
Gladstone.
10
TAXATION:
Union of New Brunswick Indians and Tomah v.
Minister of Finance
This was a case heard before the New Brunswick
Court of Appeal concerning the tax exemption found in
Section 87 of the Indian Act. The Union of New Brunswick
Indians asked the Court to decide whether or not the fact that
Indians have to pay Provincial Sales Tax on purchases of
goods intended for use on Indian reserve violated the tax
exemption found i n the Indian Act.
LEGAL UPDATE (Continued on page 11)
SUMMER
1996
UBCIC NEWS
LEGAL UPDATE (Continuedfrom page 10)
In New Brunswick the provincial sales tax applied to
all sales of goods to Indian peoples off-reserve. The Court
found that it is more important to look at where goods would
be used and kept rather than where they are purchased in
determining i f the transaction should be exempt from
provincial sales tax. And thus, where Indians are purchasing
goods which they intend to use and keep primarily on the
reserve, these purchases should not be subject to the
provincial sales tax. The Court found that the purpose of the
Section 87 taxation exemption is to permit Indians to use or
consume personal property on reserve without taxation.
The Court expressed the need to give full voice to the
tax exemption found in the Indian Act and noted that the
small size and location of reserves means that there are very
few department stores or other reasonably large stores on
reserves, and that in order to make most purchases of goods,
Indians are, in effect, forced to leave the reserve in order to
shop at the larger stores.
The Court also rejected the Government's argument
that in order to be tax exempt, goods should be delivered to
the reserve. The Court pointed out that forcing Indian
peoples to arrange for on-reserve delivery of goods imposes a
very strong burden on any Indian who wants to take
advantage of the right to be exempt from taxes by forcing
them to pay the costs of delivery, the court also recognized
that delivery is often not an option. In short, the Court found
that requiring on-reserve delivery of goods in order for the tax
exemption to apply, is not an effective means of recognizing
the rights contained within Section 87.
The Court, in the Union of New Brunswick Indians,
begins with the assumption that there is a significant tax
exemption for Indian peoples provided in the Indian Act,, and
then looked to the best means of giving effect to that
exemption.
It will be very difficult for any one collecting tax for
purchases off reserve, to determine whether the goods are
actually destined for use on the reserve. In all likelihood, this
case will increase the tax room for Indian peoples. In law, if
not in practice, this case should apply in British Columbia so
that all Indians who live on reserve and who are buying goods
which they intend to use and keep primarily on reserve should
not be subject to provincial sales tax regardless of where they
purchased goods.
Canadian Pacific Limited v. Matsqui Indian Band
and Matsqui Band Council and Others
This was a case in which the Canadian National
Railway ("CN") and Canadian Pacific ("CP") challenged
the rights of Indian Bands to tax railway right of ways which
run across reserve land, pursuant to Band taxation bylaws.
The railways argued that the Bands do not have a right to tax
the right of way lands running through reserves because the
right of way lands were not part of the "reserve" and
therefore not subject to Band bylaws.
SUMMER
1996
The Federal Court Trial Division agreed with the
railways and found that the right of way lands which run
through the Bands' reserves do not form part of the reserve
lands, but rather, that the railway companies own these lands
outright. The Court found that the Bands' entire interests in the
right of way land, was lost when the railways obtained the lands
for railway purposes from the Government of Canada. The
Bands have appealed this decision and will argue at the Federal
Court of Appeal that the railway companies did not obtain legal
title to the lands, instead they only received a limited interest
which allows them to use the land for railway purposes only.
On another point, the Court also found that the Bands'
taxation bylaws were discriminatory in that they tax different
groups of people in a different manner. In particular, Band
members who own property on reserve are not subject to
taxation, while non-Band members (mainly, non-Indians) who
hold an interest in reserve lands are taxable under the Bands'
taxation bylaws. The Bands will appeal this ruling largely
based on the fact that Indians are exempt from taxation on
personal property which they hold on reserve land under
Section 87 of the Indian Act.
Overall, this case is a very negative decision in terms of
aboriginal rights as it holds that a majority ofrightof way
interests held by utilities such as CN and CP through reserve
lands, no longer form part of those reserve lands. The decision
is currently on appeal to the Federal Court of Appeal.
UNION OF B.C. INDIAN CHIEFS
You are Cordially Invited...
28th Annual General Assembly
October 23, 24, 25, 1996
Saanich, B.C.
For more information contact Mildred Poplar at our
Vancouver office at (604) 684-0231.
11
UBCIC
NEWS
COMMUNITY
P R O T E S T STOPS
LOG EXPORTS
Thursday August 1, 1996, Masset Haida Gwaii —
Today, in a community-based action, the Haida placed
themselves in front of the largest log barge in the world,
which is owned, by MacMillan Bloedel. Eight Haidas
paddled a cedar canoe out into the inlet front of the Haida
Village of Old Masset. Some villagers accompanied the
canoe in small boats; others stood along the shore, drumming
the 'Paddle' song. The Haida Brave was brought to a
standstill in the inlet and the plunder of Haida land was
stopped, if only temporarily.
DEATH OF
LEON SHENANDOAH
THE ATOTARHO
OF THE SIX NATIONS
IROQUOIS
CONFEDERACY
OF NORTH AMERICA
Kahnawake M.T. 23 July, 1996 - The Atotarho, the
firekeeper of the Six Nations Iroquois Confederacy, is
considered the chiefs of chiefs. The Confederacy consists of the
Mohawks, Onondagas, Cayugas, Oneidas, Senecas and
Tuscaroras. Leon Shenandoah, 81 years of age, was chosen in
The Haida Brave and Haida Monarch the 1969 and held the position for 28 years. He passed away on
Monday July 22nd at 7:20 a.m.
largest self-loading log barges in the world
The Great Law of Peace, the constitution of the
hold about 1200 cubic meters of logs which
is
Confederacy
states: "The Chiefs of the Six Nations Iroquois
the equivalent of400full logging trucks. Confederacy shall be mentors of the people for all time. The
thickness of their skin shall be seven spans thick, their hearts
shall be full of peace and goodwill, and their minds filled with
The Haida people have endured poverty for
yearning
for the people of the Confederacy. With endless
generations while millions of dollars worth of Haida timber
patience they shall carry out their duty and all their words and
has been stolen by large forest companies such as MacMillan
Bloedel. As it is there are only 5-10 years left of old growth
actions shall be marked by calm deliberation". This is the true
forests.
spirit of North America - equality, democracy, honour and
The only contribution MacMillan Bloedel has made to
respect for the power of the people. It is the duty of the chiefs
the people of Old Masset was a $15.00 donation toward the
of the Confederacy to act as teachers and spiritual guides of
building of their community centre.
their people. The Confederacy at this time must continue to be
The Haida people responded to watching barges of
their resources continually going out the inlet with a
vigilant in protecting all Indigenous people in North America.
physical blockade today. The belief motivating the
The Atotarho is survived by his wife, children, many
community action is that the land question must be addressed
grandchildren and great grandchildren.
and interim measures must be put in place to stop the
wholesale logging of the Haida's salmon-bearing river valleys
and the destruction of the last of the old growth cedar vital to
NATIVE PROGRAMS DEPARTMENT
the continuation of Haida survival.
In the face of the Haida people's protest, the
LEGAL SERVICE SOCIETY OF
MacMillan Bloedel barge has dropped anchor. The Haida
BRITISH COLUMBIA
ceremonial canoe is now moving up the inlet towards the
MacBlo barge.
CHANGES OF TELEPHONE/FAX NUMBERS
For more information contact:
Sharleen White Davidson (604) 626-3985.
Please note that as July 1996 the telephone numbers for
the staff of the Native Programs Department of Legal Services
Society has been changed as follows:
Congratulations
to Mavis Erickson
Penny J. Desjarlais, Director
601-6005
Cheryl Rubuliak, Research and Program Coordinator
Assistant to the Director
601-6006
Mavis received her Masters of Law degree from
Harry Neumann, Community Development
HARVARD UNIVERSITY on June 12, 1996.
Fieldworker
601-6040
She isfrom the Carrier Nation at Fort. St. James and
Kent Patenaude PLE, Publications Fieldworker 601-6039
is thefirstCanadian Aboriginal woman accepted to
Frances Auckland, Department Secretary
the Master of Law Program at Harvard.
Assistant to the Fieldworkers
601-6036
Native Programs Fax number
682-0787
12
SUMMER 1996
LEGISLATIVE COMMITTEE TO RECEIVE INPUT
ON NISGA'A AGREEMENT
For Immediate Release
August 9, 1996, Victoria, B.C. - The Select Standing Committee on Aboriginal Affairs, an all-party committee
of the Legislative Assembly, has been appointed to study the impact of the Agreement-in-Principle signed last February between
the provincial government, federal government and Nisga'a Nation.
The Minister of Aboriginal Affairs, the Honourable
after the legislature adjourns. Public hearings that are
John Cashore, introduced a motion calling for the committee
held will be advertised in the communities that the
committee visits. The committee will meet on August 14,
to examine and make recommendations on the application of
1996 in the Parliament Buildings to begin the task of
key issues arising out of the agreement to treaty negotiations
preparing for its inquiry.
throughout British Columbia; and further, to aid in
determining how progress can be made towards treaty
Members of the committee are:
settlements with aboriginal people which are beneficial to all
British Columbians.
The committee is empowered to visit communities in
Mr. Ian Waddel, MLA (NDP - Vancouver-Fraserview) the province and to provide opportunities for all interested
Convener
parties to express their views on these matters. The Convener
Mr. Harry Lali, MLA (NDP - Yale-Lillooet)
of the committee, Mr. Ian Waddell (MLA)- VancouverMr. Tim Stevenson, MLA (NDP - Vancouver Burrard)
Fraserview), welcomed the opportunity for public dialogue. "
Mr. Glenn Robertson, M L A (NDP - North Island)
look forward to working together with all members of the
Mr. Bill Goodacre, MLA (NDP - Bulkley Valley-Stikine)
committee. Our job is to ensure full and fair hearings on these
Ms. Erda Walsh, MLA (NDP - Kootenay)
matters and to listen to all British Columbians."
Ms. Cathy McGregor, M L A (NDP - Kamloops)
The committee's work will begin in earnest in the fall,
Union of B . C . Indian Chiefs
Workshop
D E P A R T M E N T OF I N D I A N
A F F A I R S RECORDS
"RG 10"
Union of B.C Indian Chiefs Research will once
again be holding a three day workshop on this topic from
Monday October 7th to Wednesday October 9th. The
Department of Indian Affairs made many changes to its
filing systems and agencies over the years, so this is a
complex record group ( " R G ' ' ) to navigate. This overview
session is an excellent orientation for new and beginning
researchers in the field of land rights. Class size will be
limited, so book your place now (See the insert for more
details).
For more information contact Leigh Ogston at the
Union of B.C. Indian Chiefs Vancouver office. Telephone:
1-604-684-0231 or e-mail: [email protected]
SUMMER- 1996
VANCOUVER ABORIGINAL
FRIENDSHIP CENTRE SOCIETY
Books "Needed For Children
In Family Centre
August 15, 1996We are in the planning process of
opening a Children's Development Centre and need
books for this Centre. We are in need of a donation of
Books for these Children and parents, either hard-cover
or soft cover is fine.
Thank you kindly for any assistance you can
give for children in need.
Please send donations to:
VANCOUVER ABORIGINAL
FRIENDSHIP CENTRE
SOCIETY
1607 East Hastings Street
Vancouver, B.C.
V5L 1S7
13
UBCIC
NEWS
Provincial A b o r i g i n a l Huntings P o l i c y
A s Summarized by Shauna-Leigh Maloney
Provincial Aboriginal hunting policies have become increasingly restrictive. New policy guidelines have twic
released since 1992, with ambiguity as to whether one supersedes another. The results ofsuch confusing policies is
seizure of aboriginal hunters and their game, many of whom were following Provincial guidelines to the best of the
conservation or other substantial objection of game.
Consultation:
tives such as public health and safety.
To hastily accept such a definition
Findings from the Sparrow
of Aboriginal Rights would mean
The province asserts in its Draft DiscusRulings stated that the Government is
denying First Nations in urbanized
sion Paper that there are no known
required to first consult with the
territories the right to hunt. First
Aboriginal Rights to harvest wildlife for
Aboriginal people before proceeding to
Nations must insist that the Crown live
commercial purposes.
put in place restrictions which would
up to its fiduciary obligation which
The Province's own definition of
interfere with the exercise of AborigiAboriginal rights as those
nal Rights. The Ministry
practices integral to and definof Environment, Lands and
Provincial Aboriginal Hunting Policies
ing an Aboriginal society as at
Parks(MELP) has gotten
are restricting Your Rights!
and before 1846, should prove
around this ruling by
that hunting for economic
Dear Friends,
introducing two sets of
reasons is an Aboriginal Right.
The Provincial Government is about to pass permanent
Interim Guidelines, one in
legislation regarding Aboriginal Hunting Rights. The following A culture is often defined by its
1992 and the second in
economic practices, and First
is a summary of the Province's past and present positions on
1993. Although the MELP
important issues such as the Rights of individuals and Nations to Nations have always used meat
Interim Guidelines recogand furs as currency, trading
Hunt within and outside of their own territories. The Province
nize the need for consultathem for goods, services and
is entering into discussions with a select group of communities
tion with First Nations,
to determine a Province-wide Aboriginal Hunting Rights policy, general economic gain. Hunting
MELP did not engage in
has always been an integral part
and has produced a Draft Discussion Paper outlining their
consultative processes with
of the First Nations economy.
position.
all of the effected First
The Province has left
Don't let the Province extinguish The Inherent AborigiNations. Consultation will
unclear its policy on the comnal Rights of you and your Nation! The Union of B.C. Indian
occur, apparently, before
mercial sale of game by-prodthe development of perma- Chiefs urge every B.C. First Nation to speak out about Provinucts. Much of the hide, bone
cial policy before legislation can be passed (talks are scheduled
nent Guidelines.
and antler of an animal caught
to conclude by the end of August).
Tradition:
for meat can be (and was always
Yours Truly,
The current position
traditionally) used to make
of the Province is that
UNION OF B.C. INDIAN CHIEFS
clothing, jewellery and tradiAboriginal Rights to
Chief Saul Terry, President
tional tools. These traditional
harvest wildlife exist where
c.c. Honorable John Cashore, Min. Aboriginal Affairs
First Nations products sell on a
a First Nation has a history
wide market today, providing
of carrying out an activity
livelihoods for many Aboriginal artists
in a specific location long enough prior
requires, where resources are no longer
and artisans. If the province were to
to 1846 to make that activity integral to
available in the Aboriginal hunter's own
prohibit the sale of by-products from
the distinctive culture of that society.
territory as a result of Crown authorized
sustenance game, the Traditional Art
To restrict Aboriginal Hunting rights to
settlement and development activities,
industry would be compromised. Tradithe way they were practiced in 1846 is,
that access be provided to wildlife
tional arts promote cultural awareness
essentially, to eliminate any viable way
resources on unoccupied Crown land
and economic growth in and outside of
to hunt in the 1990s. Environmental
elsewhere in the Province. Courtesy and
First Nations communities. Hampering
damage and urban development since
tradition would require that the hunter
this industry puts a lid on an important
1846 have caused a significant decline
first obtain permission from the First
part of the First Nations, and indeed
in wildlife population. Remaining
Nation in whose territory the hunting
Canadian, cultural identity.
animals have had to migrate away from
will occur.
Sharing:
the territories in which they were
Sustenance:
hunted since time immemorial to make
In January of 1992, a memoranFirst Nations, under Provincial
way for skyrises and suburbs. The
dum from the MELP Assistant Deputy
policy, may practice their Aboriginal
modern First Nations hunter must
Minister for Regional Operations and
Hunting Rights and harvest wildlife for
therefore commute to where the game
Enforcement stated:
sustenance, spiritual and ceremonial
is and, once there, cover more ground
purposes without a license, at any time of
in order to find such a sparse populayear. These rights are subject only to
(Continued on Page 17)
14
SUMMER
1996
UBCIC
NEWS
MAP OF THE SOVEREIGN INDIGENOUS NATIONS
TERRITORIAL BOUNDARIES: JUNE, 1993
The Union of B.C. Indian Chiefs' map of the Sovereign Indigenous Nations Territorial Boundaries is the only contemporary
map that accurately shows the traditional tribal territories of the 23 Indian Nations in British Columbia. The six colour map measures
28" x 36".
The tribal territories are the homelands of distinct Nations, within which their respective peoples share a common language,
culture and traditional forms of political and social organization. These homelands have been occupied by the Indian Nations since
time immemorial. Up to the present, the Indian Nations in British Columbia have never surrendered their ownership oftheir homelands
(aboriginal title), nor have they surrendered their original sovereignty as nations to govern their homelands (inherent jurisdiction).
Information on the territorial boundaries was compiled by the Union's research portfolio and President's office between July,
1990 and April, 1993 from archival research and information provided by elders, chiefs, and tribal councils. Chief Saul Terry, President
of the Union and a graduate of the Vancouver College of Art (now the Emily Carr College of Art and Design), prepared the working
drafts for the map.
Design and cartography for the June, 1993 map was done by David Sami, chief cartographer of Multi Mapping Ltd. in
Vancouver, B.C., using a 1:2,000,000 scale base-map from the Surveys and Environment Branch of the British Columbia Ministry
ofEnvironment, Lands and Parks. All territorial boundaries shown on the map are subject to further revision, as additional information
becomes available. Contact the Union of B.C. Indian Chiefs at (604) 684-0231 for ordering information.
28" x 36" / Scale: 1:2 000 000 / Six Colours
SUMMER- 1996
15
UBCIC
NEWS
STEWART PHILLIP INTERVIEWANOTHER EXAMPLE OF LIVING PROOF
SUBMITTED B Y PENTICTON INDIAN BAND
It was winter, J994, the Penticton Indian Band decided to erect check points (road blocks) on Green
Mountain Road to reinforce their demandfor an environmental assessment of a proposed massive ski resort/real
estate development within the watersheds of their traditional territories. Stewart Phillip, Councillor for the Penticton
Indian Band worked 22 hour days maintaining order at the barriers. Coming in from the cold, he took his shoes off
and noticed that his feet were swollen. Pushing his finger into his foot, it left a depression (edema). Stewart's wife
Joan had been working for Shoal Lake, an Aboriginal community in Ontario. Stewart called Joan, who then flew
back home to Penticton.
cancer of the liver, with three tumors
"I'd never been to a doctor in my
effects of the drugs and the surgery,
growing there. "We were told that
life; I didn't even have a regular GP.
Stewart said "It took me about two days
cancer might stop a transplant (from
The doctor noticed the liver spots on my
after the operation before I knew I'd had
taking place). If they sent me home
chest, and referred me to a
the transplant."
gastrointestinal physician who said
Stewart is the father of two girls
it was either cancer or cirrhosis."
and four sons aged 17-26. "The
"... I believe my coping began
The tests and diagnosis revealed
oldest daughter (Carey) is in Japan
severely advanced cirrhosis with
right now. She wasn't going to go.
with accepting the fact that I
the possibility of cancer (visible
She had graduated from U.Vic, and
was terminally ill.."
liver nodules/tumors). Stewart's
had a teaching contract over there.
symptoms included severe fatigue,
She was going to cancel the whole
fever, chills, diarrhea, loss of appetite
(without a transplant) they'd give me a
thing. I got bounced out on the eighth
and weight. He was "so ill I didn't
year to live. We had to live with that
day. Both my daughters and all my
know what was going on. I just wasted
fear from the very beginning."
sons visited me. It was a tremendous
away, so sick I didn't want to live."
relief throughout the family and the
The doctors wouldn't know if the
community, not to mention myself."
"The other thing that was
transplant was possible until they
bothersome for me is it was spring, and
examined the condition of his liver
When asked how he coped with
warm. I was wearing two sweaters,
during surgery. They didn't know if the
his illness, especially the emotional and
long Johns and sweats." After
cancer had spread beyond the liver. "We
mental turmoil that strikes every person
seeing a naturopath in Peachland,
got the call (from Lynn Mori, Transplant
waiting for a transplant, Stewart
Stewart went through fasting and
Coordinator for livers) at 10 to 10:00
answered:
detoxification, and started to feel a little
p.m. The Medivac came at midnight.
"I believe my coping began with
better.
There were five patients aboard. There
accepting the fact that I was terminally
He was and still is Economic
was no room for Joan. It was a lonely
ill. I had to accept the fact that, for the
Development Officer and an elected
flight because she had been right by my
first time in my life I had to get off my
Band Councillor for the Penticton
side the whole time."
high horse, and accept the fact that I
Indian Band here in B.C. Stewart's
Joan drove to Vancouver with
needed help to defeat the life-threatenoffice was four blocks from home, but
Stewart's sons, two sisters and brothering cirrhosis and cancer that had almost
being too ill even to walk that distance,
in-law that night. He didn't know if
succeeded in destroying my liver. I
he worked from home, not having the
she'd be there by the time he went into
found I had to unconditionally place my
strength to change out of his bathrobe.
the operating room. Fortunately, Joan
life in the hands of the doctors and the
made
it
to
the
hospital
before
Stewart
health care personnel of the transplant
The doctor in Penticton
went
into
the
OR.
Once
again,
the
program.
referred Stewart to Dr. Anderson, a
surgical transplant team reminded the
liver specialist in Vancouver. He was
I also had to realize and accept
Phillips' that if the cancer had spread
then referred to the transplant program
the fact that my terminal condition fully
beyond the liver, they would be forced to
at the B.C. Transplant Society. "We
affected every member of my family, as
simply close Stewart up and send him
felt really good about it. My condition
well as myself. I had to be sensitive to
home.
was being taken seriously; something
their fears and feelings, as well as my
was being done. For the first time, we
own. I had to be willing to share my
Knowing that he might awaken
had hope something would happen."
thoughts, fears and feelings with every
from the operation without a new liver,
Stewart's illness was caused by
Stewart went into surgery. Due to the
(Continued on Next Page)
16
SUMMER
1996
UBCIC
NEWS
STEWART PHILLIP INTERVIEW (Continuedfrompage 16)
member of my family. In addition, I had
to accept their support. Under these
difficult circumstances, I had to learn to
accept and return their love.
Finally, I had to accept the
Creator into my life. I found that I had
to unconditionally surrender my will to
the Creator, and place my life and
welfare in His hands. Without question,
my transplant experience taught me the
power of prayer and the need to pray.
I shall be eternally grateful for
the many things I learned and came to
understand as a result of my illness and
subsequent liver transplant."
Stewart explains the biggest
change he has noticed since his transplant; "Physically, the first thing I
noticed was the increase in my energy
levels. For the first time in many, many
years I am able to undertake a full day of
activity without feeling totally 'baggedout'. Prior to my transplant, I spent the
entire day on our sofa, in the horizontal
position, in my bathrobe. I never really
got up.
Also, for the first time in over a
year I am able to eat! As a matter of
fact, I spend a great deal of my time
either eating or thinking about eating.
Needless to say, I am ecstatic about the
fact that I am quicklyregainingall the
weight that I lost during the final stage of
my illness.
Emotionally, I immediately
noticed a tremendous sense of relief and
inner peace due to the fact that I and my
family are no longer sharing the path
with the 'Grim Reaper'. Mentally, I have
noticed a greater clarity of mind.
I and my family have a much
deeper, more meaningful and more
reverent relationship with our Creator.
Without question, the many, many
prayers that were offered with respect to
my recovery played the most central role
in my successful transplant operation and
subsequent recovery."
In his spare time, Stewart enjoys
"public speaking and political activism
for the purpose of organizing for social
change." He also likes spending his
healthy days hunting, fishing and camping.
Here is Stewart's advice for the
hundreds of Canadians awaiting a
transplant:
"Accept the fact that you have a
terminal illness. Accept the tact that you
shall need a great deal of help and
support to overcome your illness. Get
off your high horse and accept the love,
support and compassion that will be
offered by members of your family, as
well as your friends. Do not shut them
out. Openly share your fears, doubts
and feelings with your support group.
Listen to their fears and feelings.
Remember, this traumatic experience is
also happening to them as well as
yourself. Tears have a legitimate place
in the healing process. Do not be
afraid to cry.
Develop an unshakable sense of
faith in the doctors and health care
professionals who have undertaken
your case. They know what they are
doing. Listen to them, and follow their
direction and advice.
Pray. Reconnect yourself with
your Creator. Have faith.
To all those people who are
currently awaiting a transplant, Joan
and I offer our prayers of support to
each one of you. We offer our prayers
of support to each member of your
family. May the Creator give you
strength, courage and comfort. Praise
the Lord!"
H U N T I N G (ContinuedfromPage 15)
presented by the Province states that
"Native persons wishing to hunt
"The 'shared' harvesting will not
in the traditional areas of bands other
be
recognized
as an Aboriginal Right of
than their own should be advised to
the
host
First
Nation, or the First
consult with that band prior to hunting."
This memorandum recognizes
aboriginal hunting as not restricted to
the hunter's First Nation's Traditional
Territory, subject to consultation with
the other First Nation. The 1992
memorandum also addresses Aboriginal
Hunting Rights as belonging to an
Individual, and the fact that a host First
Nation may choose to share their
hunting resources with other individuals
without negotiating hunting contracts
between entire Nations. These 1992
policy guidelines have never been
explicitly revoked, although the 1993
Interim Guidelines restrict Aboriginal
Hunting to a person's traditional territory. No consultation was made with
First Nations before the Interim Guidelines were implemented.
A recent Draft Discussion Paper
SUMMER-
1996
Nation that shares the harvest Under this
scenario,
agreements would have to
be negotiated with regional Ministry staff
on a First Nation by First Nation basis."
The right to share harvesting is an
indisputable Aboriginal Right practiced
since the dawn of time between Aboriginal families, Tribes and Nations! Provincial policies make it inconvenient, i f not
impossible to negotiate a Shared Harvesting Agreement between Nations or for
individuals.
As said above, the Crown has a
fiduciary obligation which requires,
where resources are no longer available
in an Aboriginal hunter's own territory,
that access be provided to wildlife
resources elsewhere within the Province.
The Provincial Courts disagree. A letter
dated November 7, 1995 from J. Corbett,
Acting Regional Environment Manager
in Kamloops, to Chief Victor York of the
Lower Nicola Indian Band states (contrary to the 1992 Interim Guidelines and
interpreting the 1993 guidelines) as
follows:
"It is the interpretation of the
courts that First Nations People may not
hunt/fish in another Nation's Traditional Territory even with permission.
This only applies to hunting or fishing
for sustenance which is outside of the
regular hunting/fishing season and
regulations."
Such an interpretation of Aboriginal Rights veritably denies First Nations
in urbanized areas the right to hunt or
fish. It also ignores the right of First
Nations to share their resources with
other Nations and individuals. The
Province has even less Jurisdiction than
the Federal Government has to define
what constitutes as such a Fundamental
Aboriginal Right.
17
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SUMMER
1996
UBCIC NEWS
Union of B.C. Indian Chiefs
NEWSLETTER
STEWART PHILLIP
RECOVERY FUND
Sees
Band Councillor Stewart Phillip
served as the controversial spokesman
for the Penticton Indian Band. Stewart
articulated the Bands positions and put a
face to the PIB's many battles with the
Provincial and federal governments.
Stewart Phillip's long-standing
battle to defeat the cancer growing in his
liver came to a climax late Tuesday, June
18, 1996 when health care officials of the
solid organ transplant program of the
Vancouver General Hospital phoned to
inform his family that a suitable donor
had been identified. Stewart was
immediately flown to VGH on an
emergency medevac flight. We are
gratefully relieved and pleased to report
that Stewart survived the 10 hour liver
transplant operation which took place on
Wednesday, June 19, 1996. Further, we
are delighted to inform you that his
prognosis for recovery is extremely
promising. In fact, Stewart's rate of
recovery has been described as "nothing
short of miraculous" by his physicians.
Prior to the transplant operation,
Stewart's doctors described his condition
as terminal and gave him one year to
live.
The rigorous post-operative out-
patient treatment program demands that
Joan and Stewart Phillip reside in
Vancouver for a minimum of three
months due to the fact that this repre-
sents a delicate timeframe whereby many
transplant patients suffer "rejection
episodes”. Therefore, patients must live
in close proximity to the outpatient
Continued on Page 3
SUMMER 1996
VAN DER PEET vs REGINA
SUPREME COURT OF CANADA DECISION
August 2], 1996 -- Statement from Chief Steven Point, ig
Chiefs’ Representative on behalf of the Sto:lo Chiefs and the
Appellant Dorothy Marie Van Der Peet.
Thank you for joining us here
this morning. As you know, the case of
Van Der Peet was dismissed today at
the Supreme Court of Canada because
she did not provide the evidence to
satisfy the new test pronounced.
The decision advances the
struggle to have our rights
recognized legally and politically. It
is another step towards proper
recognition of our aboriginal rights.
Today the Supreme Court of Canada
rejected the legal analysis used by the
B.C. Court of Appeal. The Supreme
Court of Canada has left the door
open to declare the
commercial component to the
aboriginal fishing right.
The Supreme Court of Canada
has developed a new test that was not
before the Courts when we began this
case nearly ten years ago. The test
which we all need to meet has now
been delineated. The economy of the
Sto:lo’s fishery was an integral part of
the distinctive Sto:lo culture. This is
the test that the Supreme Court of
Canada has now told us we must meet.
We can meet this test and so can most
First Nations and the Minister of
Fisheries and Oceans, the Honourable
Fred Mifflin knows that.
In 1994 the B.C Court of Appeal
decided that there was no commercial
aspect to our aboriginal right. The
Supreme Court of Canada clearly
rejected that analysis. The highest
court in Canada has now said that it is
possible to have an aboriginal right to
the fishery that includes a f¥, -
commercial component. ” “
What that economic >
component will be has
been left open for either
negotiations or failing negotiations,
another court case. The Sto:lo are
prepared to do either.
This is a clear signal to the
Government of Canada that negotiations
must occur with the Sto:lo in a manner
that fully respects our rights in the
fishery. Those rights were not frozen in
time or lost upon the arrival of
Europeans. The 8.C.C. clearly states
that aboriginal rights continue into the
future. The Sto:lo will continue the fight
to have our rights recognized.
2. President's Message
3. UBCIC Education Conference
4. Proposed Indian Act Changes
5. Irwin Re-Extinguishment
6. UBCIC Health Update
9. Institute of Indigenous Government
10. Mandell, Pinder Legal Update
13. Ab.Affairs Legislative Committee
14. Prov. Aboriginal Hunting Policy
16. Stewart Phillip Interview
SUMMER- 1996
UBCIC NEWS
Message From the President
July 29/96 Letter to
Minister of Indian and Northern Affairs
Dear Mr. Minister:
T know that you are a very busy member of Parliament and cabinet so I shall make my words brief.
In late 1994 efforts were made to organize regularized meetings between your office and the office of the Union
of B.C. Indian Chiefs. Nation Representatives of Chiefs Council were very optimistic at that time. Optimistic to the point
that our nation representatives traveled to Ottawa to kindle that hope. The chasm between us seems to have widened. Rather
than having a relationship flourish with bridges from ‘‘results-oriented’’ discussion, neglect has taken its toll.
For example:
> the Minister - Chiefs
Council meetings which were to have
occurred four times annually has never
come about.
> Policy issues in education,
social services, health and other programs
continue to be
covered the issues falling under inherent
self-government which may have
included the dismantling of Indian and
Northern Affairs.
I would surmise that you and
your government have your particular
reasons for not following through with
a relationship
development with the
_ troublesome. We
had hoped to
address _ these
matters through
the Program
Assessment and
Review process you
had initiated. I had
Union of B.C. Indian
Chiefs.
Your statement
reported by the media
that as long as Indians
have problems then
your department is
devising policy that is
further hopes that
your department would have found new
money to participate with us in the
development of the Institute of Indigenous
Government. Its growth is demonstrated
through the extension programs we have
negotiated at Tsartlip and Mission. Three
other arrangements are under discussion.
> We need toexplore further
the two stage ‘‘umbrella’’
Comprehensive Framework Treaty
process we had tabled with the federal
government on July 30, 1990. Within
this process discussions could have
good for the federal government. It
continues a legacy for despondence.
To paraphrase the late Grand Chief
Philip Paul’s words; ‘we make many
efforts to compromise our politics
without compromising our principles’,
however our efforts to date have mainly
been made for naught.
Positive changes which are in
the interest of our Peoples must be
sought, therefore, I would recommend
that we make immediate arrangements
to meet and discuss the agenda items
outlined above. They remain relevant
in our future.
Sincerely,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry,
President
Office of the
Minister Responds:
August 14, 1996
Dear Chief Terry:
On behalf of the Honourable
Ronald A. Irwin, Minister of Indian
Affairs and Northern Development, I
wish to acknowledge receipt of your
letter dated July 29, 1996, requesting
a meeting with the Minister to
discuss various issues.
Regrettably, the Minister will
not be available to accommodate
such a meeting at this time, as his
schedule is fully booked with prior
commitments. However, perhaps a
meeting could be arranged on a
future trip to British Columbia. I
will contact your office, should this
opportunity arise.
Sincerely,
Lorraine Champigny
Acting Scheduling Assistant
Footnote:
August 22, 1996 — Minister
Irwin is confirmed to address the
“Aboriginal Law In Canada Confer-
ence” in Vancouver at 8:45 am on
September 27, 1996 at the Sandman
Inn. His office has not contacted the
UBCIC to arrange a meeting with the
Chiefs Council.
SUMMER 1996
Chiefs, Council, Elders, Educators,
Co-ordinators, Students
By Jennie Blankinship,
UBCIC Education Coordinator
A resolution was passed on June 11 & 12, 1996 at the UBCIC Chief's Council
Meeting to host an “‘Education Conference’’ to address critical issues pertaining to
Indian education on and off reserve,
"EDUCATION: AN INHERENT
RIGHT PERSPECTIVE"
e
Union of BC Indian Chiefs
Education Conference
September 18 & 19, 1996
Chief Louis Centre
Kamloops Indian Band School
John Watson, from DIA stated that
there is an increase in Aboriginal services!
That the nominal roll reviews will reflect
increases to K-12 education! He claims
that they are accountable to the Attorney
General and the Auditor General for
dollars spent! Evidence shows that there
is cutbacks of our funding dollars for band
schools, administration, travel, tuition,
living allowances, special needs,
curriculum development, health, etc. We
know all too well that there is a 2-3 year
waiting list for post-secondary education.
Education funds should reflect our
increasing population. It’s towards the
Indian people that DIA is accountable to!
The government has a fiduciary
responsibility to provide education to all
Indian people.
Topics focused on at this conference
will include jurisdiction, management,
quality and resourcing of education.
Everyone is encouraged to participate.
Assert your “‘Inherent Right to
Education.’’ Participation of elders,
leaders, teachers, educators, parents,
families and students is strongly
recommended.
Confirmation of attendance is
requested by September 1, 1996.
Registration is free of charge. Phone
Jennie Biankinship at 1-604-684-0231 or
fax 1-604-684-5726. The UBCIC is not
responsibie for travel or accommodation
expenses, participants are to make own
travel and accommodation arrangements.
Lunch will be availableat ‘‘Laura’s
Kitchen”’ at $5.00 per person.
The UBCIC Chief's Council
Meeting will be held on Tuesday,
September 17, 1996, at the Kamloops
Indian School, Chief Louis Centre.
UBCIC NEWS
"Stewart Phillip Recovery Fund"
Contimed from Page !
episodes", Therefore, patients must live
in close proximity to the outpatient
treatment clinic and the emergency ward
of Vancouver General Hospital.
Needless to say, this will place a
heavy burden and strain on their some-
what limited financial resources due to
the fact they shall be forced to meet the
expenses which shall be generated by
maintaining two residences. They are
also faced with the prospect of buying
medical supplies and equipment to
monitor and maintain his condition
during this post-operative period.
Therefore, we are appealing to
your generosity by asking for your
financial support to assist Joan and
Stewart Phillip through these difficult
and worrisome times.
Please make donation
cheque payable to:
"Stewart Phillip
Recovery Fund"
Att: Greg Gabriel,
Administrator
c/o PENTICTON INDIAN
BAND
R.R.#2, Site 80, Comp. 19
Penticton, B.C.
V2A 6)7
All contributions shall be
greatly appreciated.
SUMMER- 1996
UBCIC NEWS
Proposed Changes to the Indian Act
Letter to Ron Irwin, Minister of Indian and Northern Affairs
i "..dhe real issue is not
revision of the Indian Act
butrecognition of the rights
that have been denied to us since
confederation and to enact
constitutional legislation to
guarantee these rights”’
A Declaration of Indian Rights
The B.C. Indian Position Paper
November 17, 1970
Union of B.C. Indian Chiefs
These changes reduce the scope
of Canada’s fiduciary responsibilities
by off-loading these obligations to
individual bands in the guise of
self-government. Many of the
responsibilities of the federal
government are currently being off-
loaded to First Nation bands and
communities on a program-by-
program basis, with no guarantee that
these programs will be continued or
that these programs will be funded at
an adequate level in the future.
These changes do not recognize
or respect the inherent right of self
determination of Indigenous Peoples,
rather these changes represent a move
towards self-administration in which
individual communities and bands
administer the federal government’s
programs and policies at a local level.
While some of the proposed
changes may seem minor to your
government, we have leamed long ago
that even seemingly insignificant
changes to the Indian Act have the
potential to reverberate loudly within
First Nation communities. For
example, where minor clauses of the
Indian Act are repealed, this creates a
vacancy in which provincial law may
become applicable, resulting in a
patchwork of different laws for First
(November 2, 1995)
# am writing this letter in response to the changes to the Indian Act
that your department is currently proposing. You have stated that ‘‘none of the
potential amendments affects aboriginal or treaty rights or alters the
government's fundamental fiduciary relationship with First Nations.’’ It is
clear to the Union of B.C. Indian Chiefs that the proposed changes
will fundamentally alter the fiduciary trust relationship between Canada and
First Nations, and will minimize and mitigate the fiduciary obligations
owed to First Nation Peoples by the government of Canada.
Nations across the country.
In your letter of September
1, 1995 (which was received by our
office on October 3, 1995) you stated
your belief that there is a level of
positive support for the changes that
your department is proposing. We
feel that you have been
misinformed. A total of 61 individual
responses does not equal a positive
mandate of support of your proposed
changes. We are deeply
uncomfortable with the lack of
openness in the process through which
your departments has proceeded.
Which communities and Nations
have shown support for these
changes? What is the exact nature of
this support? The Union of B.C.
Indian Chiefs calls upon your
department to make these letters,
including the names of the senders,
openly available to all First Nations
organizations in this country.
The response that the Union of
B.C. Indian Chiefs has received from
our members has been overwhelming:
Indian Nations within British
Columbia do not accept they piece-
meal changes to the Indian Act that
your department is currently
proposing. Any changes
fundamentally altering the relationship
between Canada and First Nations can
only be made via negotiations and in a
manner which is mutually acceptable
to all parties. The process which your
department has used in order to put
through these changes is not
acceptable to us. We vigorously
oppose and refuse to accept any
changes to the Indian Act which
reduce the extent of the Federal
Government’s fiduciary obligations to
First Nations.
Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry, President
cc All UBCIC Members
Chief Saul Terry, X'wisten
President, Union of B.C. Indian Chiefs
SUMMER 1996
AFWN. Special Assemily
Announcement
To: Chiefs, Tribal Councils, PTO’s
From: Ovide Mercredi, National Chief
Date: August 13, 1996
Re: Change of Date for Special Assembly of
DIAND’s proposed Indian Act Amendments
This is to inform you that there is a change in
schedule for the upcoming Special Assembly on
DIAND’s proposed Indian Act amendments, it will
now be held September 23, 24, 1996 in
Winnipeg, Manitoba.
UBCIC NEWS
Irwin Re: Extinguishment
Dear Chief Mercredi:
Thank you for your letter of May 22, 1996
expressing your concerns with respect to the issue of
extinguishment.
Since the publication of the report of the
Honourable A.C. Hamilton, the federal government has
been conducting a preliminary internal assessment of how
best to achieve certainty with respect to ownership and
use of lands and resources through the negotiation of
comprehensive land claims. In considering this issue,
Canada has taken into account Mr. Hamilton’s views,
The Department of Indian Affairs
has developed an Indian Act amendment
package which contains some 63 changes,
which is virtually half of the Indian
Act. This represents the most massive
'... The federal
government will proposals or suggestions that have been
the recommendations in the interim report of
the Royal Commission on Aboriginal
Peoples, entitled Treaty Making in the
Spirit of Co-existence, and other
set of changes since the 1951 amendments |=—jnter ret VOUT=| submitted to me.
to the Indian Act. Our preliminary
analysis indicates that DIAND’s Indian
Through this process of internal
oaSil ence as— review, the federal government has
Act amendments package will result in
serious negative impacts on our lands, our
=== Conse n t=
developed a set of principles that might
serve as a basis for a new legal technique
for achieving certainty. A copy of these
people, our treaties, and our fiduciary
relationship with the Crown.
The purpose of this Assembly is to provide you
with a detailed analysis of DIAND’s proposed
Indian Act Amendments, and to discuss a strategic
response to the federal government regarding DIAND’s
proposals.
We are also inviting representatives of the
signatories to the First Nations Land Management
Framework Agreement to provide the Assembly with
and update on the status of their initiative.
The Minister of Indian Affairs, Ron Irwin, has
already informed our Assembly on July 10, 1996, that
he has received drafting instructions from Cabinet and
he will proceed in the House of Commons this fall with
the Indian Act amendments package.
Minister Irwin is proceeding with these
amendments even though he has received only 61 letters
reportedly from 214 First Nation communities, 77%
of these First Nation communities are reportedly
*“supportive of the amendment initiative.”’
I urge you to attend this important Assembly to
discuss this matter before it is too late to do anything
about it, otherwise the federal government will interpret
your silence as consent.
principles is enclosed with this letter.
My intention is to undertake consultations on the basis
of these principles with Aboriginal people, provincial
and territorial governments and other parties that
may be affected by comprehensive claim settlements. |
agree with you that it is essential to undertake such
discussions and consultations before any final decision is
made on appropnate legal techniques for obtaining
certainty.
The approach outlined in the enclosed principles
would eliminate the requirement for a clause
surrendering Aboriginal rights, but would preserve the
objective of achieving certainty for all residents and users
of areas subject to comprehensive land claims. If such an
approach were to be adopted, it would only be applicable
to unsettled comprehensive land claims and would not
lead to the reopening of existing treaties or land claims
agreements.
The federal government wishes to work with the
AFN, and other affected parties, in reviewing and further
developing the principles, before any final decision is
made on the issue of how best to achieve certainty. My
officials will be contacting the AFN to arrange a meeting
on this issue.
Yours truly, Ronald A. Irwin, PC, MP
SUMMER- 1996
UBCIC NEWS
UNION OF B.C. INDIAN CHIEFS
UP-DATE ON CUTBACKS TO
NON-INSURED HEALTH BENEFITS
AUGUST 1996
The Union of B.C. Indian Chiefs issued a Health Bulletin
in July 1996. We stated that ‘*...Chief Saul Terry wrote a letter
to Larry McCafferty (Regional Director of Medical Services
Branch, Pacific Region) that any notion they have to transfer
initiatives of the Non-Insured Health Benefits (N.1.H.B.) to the
First Nations Summit’s Health Executive and the Federal
Government’s Envelope Committee will not be tolerated’’.
Larry McCafferty wrote a letter to Chief Terry taking exception
to this comment because he claims that they have not initiated
any discussions nor are any discussions intended to take place on
Transfer of NIHB to the Summit Health Committee or to the
Province of British Columbia. He added that Pacific Region does
not have the authority to transfer NIHB to individual bands,
collectivity of bands or any provincial or regional authority.
When Is A Discussion Not A Discussion?
The Transfer of Health to Indian Bands has been a major
discussion between Indian Bands and Medical Services Branch
since 1981. While Health and Welfare claimed that transfer had
to be supportive of Indian aspirations, it also had tobe compatible
with initiatives of other departments suchas Indianand Northern
Affairs, Employment and Immigration etc. Indian aspirations
invariably become overwhelmed by the dominant government
strategies and initiatives. They also stated in the “‘Discussion
Paper: Transfer of Health Services to Indian Communities”’
dated May 15, 1981 that ‘‘while consultation is a necessary and
effective process, it must be understood that it is more difficult
and slower than unilateral action’’. They also stated that
“initiatives in the area of health will be governed by the
legislative framework proposed by Indian and Northern Affairs’’.
This is 1996 (15 years later). The extinguishment of our
aboriginal rights has continued to be the major undertaking for
the Federal Government. Some day, the consequence of
extinguishment of our rights will result in major physical,
emotional, mental and spiritual ill-health. This is why we have
a responsibility to notify Health and Welfare Canada that they
cannot unilaterally extinguish our rights through cut-off to
health services. They and their people are wealthy from Indian
lands and resources and have never paid our people a fair share
of all the wealth they extracted from Indian territories.
In the government-prepared booklet ‘“Non-Insured Health
Benefits Pilot Project Hand-book’’ dated November 14, 1995 it
categorically states that Non-Insured Health Benefits Transfer
Pilot Projects are projects in which First Nations communities
assume the total responsibility for managing the NIHB Program.
It states that these Pilot Projects may revise the MSB Benefit
Directives, Benefit Levels and eligibility criteria. Medical
supplies and equipment; vision care services; medical
transportation are the only NIHB programs to be transferred.
Dental services and dmigs are to remain with Blue Cross.
While the Union of B.C. Indian Chiefs stands to be
corrected, it is not a question of discussions taking place with the
Health Executive Committee of the First Nations Summit or the
Provincial Government in the transfer of the NIHB progam to
them: the fact of the matter is discussions have been taking place
for years and as a result, pilot projects have been initiated and
there is no doubt that these models will lead Indian bands into
this federal initiative. We know the federal government has a
track record of wasting money on various initiatives over the
years but we beg the question: would National Health and
Welfare spend thousands of dollars on pilot projects if they have
no intention of transferring parts of the NIHB program?
COMMITTEES ASSISTING MEDICAL SERVICES
BRANCH IN B.C.
The Envelope Management Committee
This committee considers and recommends approval of:
I. The allocation of resources to centre managers of Medical
Services Branches.
2. The development of terms and conditions to be attached to
resource allocations concerning the purpose, limitations,and
availability for reallocation of resource allocations.
3.The development of general guidelines and processes such as
formulae for resource allocations, priorities, statement of
purpose related to the allocation of resources.
4. Reviewing the financial position of the Pacific Region in
relation to budgeted resources against expenditures and
commitments and to develop corrective measures to recover
from apparent over-expenditures or the utilization of lapsing
resources.
5. Setting capital prionties and allocations and approval of
annual plans.
Members to this Committee? Regional Director of the Medical
Services Branch in Pacific Region; his Associate Regional
Director; his Assistant Regional Director of Administration;
HEALTH (Continued on page 7)
SUMMER 1996
UBCIC NEWS
HEALTH (Continued from page 6)
his Regional Manager of Financial Services, his Zone Directors
of South Mainland and the North East; his Acting Manager of
Post Transfer Relations, and representatives from the First
Nations Summit Health Committee.
The Pacific Indian Health Executive Committee of M.S.B.
The purpose of this Committee is to:
]. Ensure that team approach to decision-making is enhanced and
senior management of the Region works towards a common goal
of the Region.
2. Ensure that based on the Vision Policy and Program Directives
of the Branch, Regional decisions are made based on input from
senior Regional Managers.
3. Ensure that strategic Regional decisions are made including
resource allocation on the basis of current program requirements
and the future direction of the Region.
4. Be the point of dissemination of consistent information of
Significance to the operations of the Region.
Members to this Committee? The Regional Director of Medical
Services Branch, Pacific Region; his Associate Regional Director,
his Assistant Regional Director of Administra-tion; his Regional
Manager of Financial Services and Administration; his Manager
of the Non-Insured Health Benefits Program; his Manager of
Environmental Health Services; his Acting Manager of the Post
Transfer Relations; his Manager of the Program Transfer, his
Zone Directors of South Mainland, Vancouver Island, North East,
and the North West; his Manager of Human Resources Division;
his Director of Communications; representatives from the First
Nations Summit Health Committee; and a recording secretary.
These members meet to:
1. Discuss and decide solutions to current issues of significance
to the Region.
2, Recommend annual and periodic resource allocations, and re-
allocations.
3. Review, discuss and recommend to the Regional Director or his
Associate Regional Director, the strategic direction for BC Region.
4. Bethe sounding board for issues and strategies tobe tabled with
the Branch Executive Committee known as the B.E.C.
5. Share information and ideas, identify opportunities for program
sharing and resource savings.
6. Review the terms of reference of this committee annually.
Please continue to provide us with invoices
you receive from your doctors or dentists. As
aboriginal people discover that they must pay
towards their medical and dental services, what
displeases them mostly is the fact that Medical
Services Branch has not shown them the courtesy
of notifying them by letter of changes to these
services. We would appreciate carbon copies of
letters you issue to government officials.
What the Union of B.C, Indian Chiefs said they would do:
1. A letter was sent to the Hon. David Dingwali including the
Petitions signed by Indian people.
2. A letter was sent to the Human Rights Commission of the
United Nations in Geneva. It included the Petitions and other
important facts related to National Health and Welfare cutbacks
to Non-Insured Health Benefits. Carbon copies went to Health
and Welfare, Canada; Department of Indian and Northern
Affairs, the Assembly of First Nations.
The following clarifies changes to the Directives for the Non-
Insured Heaith Benefits Branch of Medical Services Branch:
Health Bulletin
New Health Care Directives
July 28, 1996
This notice is to clarify the changes made to Non-Insured
Health Benefits Program Directives.
The Directives for the program itself, or the ‘“‘Medical
Services Branch (MSB) Non-Insured Health Benefits (NIHB)
Program’’, have not been changed. The ‘‘Vision Care’’ and
“*Payment Of Non-Insured Health Benefits Outside of Canada’’
Directives also remain the same.
Changes have been made only to Directives 1/3, 1/4 and
1/5, whichare the *“Medical Transportation’ ’, ‘‘Dental Services’’
and “‘Dnuigs and Medical Supplies and Equipment’’ Directives,
respectively.
No changes to the ‘‘Medical Transportation’’ Directive
have been published, however, Medical Services Branch no
longer uses Treasury Board travel rates. Costs used now are
actual costs, fixed costs or pre-negotiated costs.
The “‘Drugs and Medical Supplies and Equipment’’
Directive has been changed by the deletion of the iast bullet on
Page 2, paragraph 3(a), allowing tretinoin and retinoic acid
preparations to be covered under this Directive.
The most extensive changes have been made to the
““Dental Services’’ Directive. Community members and Health
Coordinators would be well advised to contact their local Medical
Services Branch office for detailed reports on the new coverage
policies.
HEALTH (Continued on page 8)
SUMMER- 1996
7
UBCIC NEWS
HEALTH (Continued form page 7)
The N.L.H.B. Pacific Region branch has drafted a regional
procedure to be used in conjunction with Intenm Program
Directive No. 7 ‘“‘Mental Health Services’’. This includes both
the criteria for the N.I.H.B. benefit (Crisis Intervention) and for
Building Healthy Communities (Crisis Management). These
procedures can be obtained from your local medical Services
Branch office.
In the UBCIC health bulletin dated July 5, 1996, it was
stated that “‘Certain Medical professions and Aboriginal
communities have not been notified of the new guidelines’’.
UBCIC was later told by the N.I.H.B. office that doctors’ offices
receive updated lists of all of the procedures which are covered by
premiums for First Nations people. Health Care professionals
dealing with First Nations should request updated indexes of the
services covered by premiums in the N.ILH.B. program from:
Health Canada, Medical Services Branch
Non-Insured Health Benefits, Pacific Region
Indian and Inuit Health Client Services
Suite 3510, 757 West Hastings Street
Vancouver, B.C.
V6C IAI
Telephone: (604) 666-3331
Facsimile: (604) 666-3200
The 20th Annual Elders
Gathering of B.C.
Submitted by Jennie Blankinship
The Gathering was hosted by the Saanich Nations
on Vancouver Island on August 6 to 8, 1996. Elders from
across B.C. and the neighboring states (USA) made the
conference a huge success. Discussions focused on:
Indigenous Rights, Health & Welfare, Suicide in the
communities, Respect, Education, Traditions, Healing,
Environment, Treaty Making and Our Inherent Right to
self-determination. Recommendations were made to
encourage the involvement of elders in their communities
and organizations, “‘It is time to take action’’ an elder
stated’’ and ‘*Stand by your leaders.’” The conference was
very enjoyable. The Okanagan Nation will be hosting the
next conference in Penticton in 1997,
Letters:
Sacred Heart
‘‘Church of the First
Peoples”
Dear Friends:
The Directors and Finance Committee of Sacred Heart
CHURCH OF THE FIRST PEOPLES in Edmonton, Alberta
are launching a large campaign for donations to repair our
very much old church, which requires substantial work.
(Building is 82 years old)
In May of 1993, Archbishop Joseph N. MacNeil,
Archbishop of Edmonton, declared that Sacred Heart
CHURCH OF THE FIRST PEOPLES to be a national parish
for our Native-Metis people with ail the rights, both spiritual
and temporal which other national parishes of the archdiocese
participate and enjoy.
As a point of interest, we are very proud that the
Healing Mass for Elijah Harper, MP, was held at our parish
and he recently stated to the Canadian Press that the prayers of
the people of our inner-city church and all aboriginal and non-
aboriginal peopie across the land are credited to the recovery
of his health when he was plagued with a near fatal mystery
illness in the fall of 1994.
Your donations, whether large or small, will be greatly
appreciated towards the repair of this historic and cultural
church. Tax receipts will be provided upon request. 10821-96
Street, NW, Edmonton, Alberta, TSH 2J8 Phone: (403) 422-
3052 Fax: (403) 423-0176
Yours in Peace & Friendship
Sacred Heart CHURCH OF THE FIRST PEOPLES
Rev. James L. Halland, OMI
Pastor
DIRECTORS:
Elijah Harper, Member of Parliament
Audrey Ahenakew, Manager, Aboriginal Banking Canada,
Royal Bank of Canada
Edward Molstad, Queens Council Barrister & Solicitor
Constable Randy Wickins, Native Liason, Cultural Resources
Centre, Edmonton Police Services
Maggie Hodgson, Director-Nechi Institute
FINANCE COMMITTEE:
Flo Baker, Publisher First Nations Free Press,
Native Youth News
Linda Lee Jones, Secretary, Cross Cancer Institute
Leonard Gauthier, President Metis Business Association of
Edmonton
SUMMER 1996
UBCIC NEWS
Education Update
Submitted by Jennie Blankinship
The 1996 World Indigenous Peoples Conference on
Education was held in Albuquerque New Mexico, June 17
to 22, 1996. The hosts were American Indians, Native
Alaskans and Native Hawaiians. Involvement of native
educators, tribal elders, students and leaders met to plan and
adopt themes of vision and purpose for our future.
Determining our own affairs and a right of all people to
acquire education of our own making were the main
themes. Presentations were held by working groups from
every province in Canada, United States, New Zealand,
Africa, Russia, Australia, Norway and Costa Rica.
Workshops focused on curriculum development,
traditional healing in communities, language development,
post-secondary education, Early childhood development,
teachers training, research, self-determination in education
and training, nutrition, aboriginal studies, and education
rights. Elder Nathan Spinks, Laurie Sterritt and I
facilitated the Institute of Indigenous Government
Workshop. The next conference will be held in Hilo,
Hawaii in the year 2000.
MYSTERY PHOTO
Do You Know This Woman?
Institute of Indigenous Government partners
with First Nations Tribal
Justice Institute for justice studies program
Vancouver, B.C. June 20, 1996 -- At a press
conference in North Vancouver today, two of the leading
indigenous institutions in British Columbia announces a new
partnership that will bring into existence an accredited post-
secondary program in indigenous studies in September,
1996. The new one-year certified program in Indigenous
Justice Studies will be delivered jointly by the Institute of
Indigenous Government (IIG), located in Vancouver, and the
First Nations Tribal Justice Institute (FNTJD in Mission,
B.C,
It is expected that most students will take the 30 credit
program at the FNTJI’s new School of Indigenous
Peacemaking as part of a larger training program; required
courses will be delivered through the IIG’s extension
program. Other students will be able to take the program in
Vancouver at the IIG campus in Gastown. The focus of the
new program is education and skill-training for the
development of indigenous justice systems.
**This program is an important step on the road to
putting in place our own systems of justice to better
serve the needs of our people,’’ said Chief Saul Terry, Chair
of the 1G Board of Governors and President of the Union of
B.C. Indian Chiefs. ‘“The IIG welcomes this opportunity to
work with the First Nations Tribal Justice Institute in carrying
out our mission of empowenng Indigenous Peoples through
education to exercise effectively their right of self-
determination in their territories -- in this case, their right of
self-determination in the field of indigenous justice. I know
that the need is great for this kind of program all across
Canada. I expect that it will be much in demand and I am
confident it will be a resounding success for our youth, our
communities and our nations.’’
Contact: Chief Saul Terry, (604) 684-0231
Mr. Jim Maloney, FNTJI, (604) 826-3691
SUMMER- 1996
UBCIC NEWS
FISHING:
Nikal v. The Queen; Lewis v. The Queen
In April, 1996, the Supreme Court of Canada issued its
reasons in these two fishing cases. These decisions deal
primarily with reserve based rights under the Jndian Act.
Although a nght of self-government (not confined to reserves)
was argued in Lewis, the Supreme Court did not address the
issue directly. The Court’s analysis of aboriginal fishing
rights is very disappointing.
In these cases, it was argued on behalf of the Bands,
that:
1. a fishing bylaw made under the /ndian Act applies
to the river adjacent to the reserve;
2. the licence requirement under Federal Fishery
Regulations is unconstitutional because it infringes
aboriginal nights, contrary to section 35 of the
Constitution Act, 1982.
The Court did not agree with the Bands. The Court said:
1. Under s.81 of the /ndian Act, band councils may
make bylaws for “the preservation, protection and
management of...fish...on the reserve.’’ The Court
concludes that ‘‘on the reserve’’ means “‘within the
reserve’’ or ‘‘inside the reserve’. The fishing bylaw
does not apply to rivers passing through the reserve
as the Court finds the rivers to be outside of the limits
of the reserves.
2. The Court said that aboriginal people are
required to obtain licences and that a government
licensing scheme is not a violation of section 35. The
terms of a licence might be unconstitutional, as found
in Nikal, but the requirement of a licence was not:
“Tt is clear that the Federal Government may validly
require aboriginal people to obtain a fishing licence
pursuant to section 4(1) of the British Columbia
Fishery (General) Regulations.”’
In these cases, the Bands argued that they had
exclusive fishing rights. The Court found that the Indian
Reserve Commission had no authority to establish exclusive
fisheries or fishing rights. Non-exclusive fishing rights were
neither argued nor decided by the Court and will be advanced
in another case another day. With respect to aboriginal
fishing rights, DFO can require a licence. The Court also says
that the Crown is the manager but must take account of
aboriginal fishing rights. In this way, the Court has reduced
management rights. Aboriginal people have a right to
participate in management decisions; the federal government
is the management authority. The Court did not support
broad rights of self government and management authority in
relation to the fishery.
The Court has not yet issued its reasons in the cases
involving the right to barter, trade or sell fish: we are still
awaiting the decisions in Van der Peet, NTC Smokehouse and
Gladstone.
10
LEGAL UPDATE
Submitted by Mandell, Pinder
HUNTING:
Regina v. Seward, Thomas & Thomas
This was a hunting case, involving members of the
Penelakut Band, who were charged under the B.C. Wildlife
Act for hunting at night with a light, out of season, and
outside of reserve land. This case was heard at the Provincial
court level. The court affirmed that the hunters have an
aboriginal right to hunt, and that hunting rights extend
throughout their traditional territories, and beyond reserve
boundaries. The aboriginal right includes the right to hunt at
night, if that is the preferred means of hunting. The court
also noted that the provisions of the Wildlife Act under which
the Defendants were charged denied the hunters their
preferred means of exercising that hunting right.
In the Seward case the Crown argued that the
members of the Penelakut Band should be forced to prove that
their peoples constituted an organized society at the time of
the assertion of British sovereignty. The Court criticized this
saying that it was ““egregious and opportunistic,’’ and not in
keeping with the Crown’s obligation to take a trust like
approach as opposed to an adversarial approach in it’s
dealings with Indian peoples.
In the Seward case tie Crown presented evidence that
night hunting was unsafe and created conservation problems,
and stated that these reasons justified the interference with
aboriginal rights found in the Wildlife Act. The Court did not
accept this argument and pointed out that laws which impact
aboriginal nghts have to take into account the legitimate
interests and rights of aboriginal peoples prior to the law
coming into place, and that the rights of aboriginal peoples
have to be taken seriously by the Government when making
new laws.
The Seward case is a very positive case in terms of its
affirmation of aboriginal hunting rights. However the Crown
is now appealing this decision.
TAXATION:
Union of New Brunswick Indians and Tomah v.
Minister of Finance
This was a case heard before the New Brunswick
Court of Appeal concerning the tax exemption found in
Section 87 of the Jndian Act. The Union of New Brunswick
Indians asked the Court to decide whether or not the fact that
Indians have to pay Provincial Sales Tax on purchases of
goods intended for use on Indian reserve violated the tax
exemption found in the Indian Act.
+ 9 ————
LEGAL UPDATE (Continued on page 11)
SUMMER 1996
UBCIC NEWS
LEGAL UPDATE (Continued from page 10)
In New Brunswick the provincial sales tax applied to The Federal Court Trial Division agreed with the
all sales of goods to Indian peoples off-reserve. The Court railways and found that the night of way lands which mn
found that it is more important to look at where goods would through the Bands’ reserves do not form part of the reserve
be used and kept rather than where they are purchased in lands, but rather, that the railway companies own these lands
determining if the transaction should be exempt from outright. The Court found that the Bands’ entire interests in the
provincial sales tax. And thus, where Indians are purchasing right of way land, was lost when the railways obtained the lands
goods which they intend to use and keep primarily on the for railway purposes from the Government of Canada. The
reserve, these purchases should not be subject to the Bands have appealed this decision and will argue at the Federal
provincial sales tax. The Court found that the purpose of the Court of Appeal that the railway companies did not obtain legal
Section 87 taxation exemption is to permit Indians to use or title to the lands, instead they only received a limited interest
consuine personal property on reserve without taxation. which allows them to use the land for railway purposes only.
The Court expressed the need to give full voice to the On another point, the Court also found that the Bands’
tax exemption found in the Jndian Act and noted that the taxation bylaws were discriminatory in that they tax different
small size and location of reserves means that there are very groups of people in a different manner. In particular, Band
few department stores or other reasonably large stores on members who own property on reserve are not subject to
reserves, and that in order to make most purchases of goods, taxation, while non-Band members (mainly, non-Indians) who
Indians are, in effect, forced to leave the reserve in order to hold an interest in reserve lands are taxable under the Bands’
shop at the larger stores. taxation bylaws. The Bands will appeal this ruling largely
The Court also rejected the Government’s argument based on the fact that Indians are exempt from taxation on
that in order to be tax exempt, goods should be delivered to personal property which they hold on reserve land under
the reserve. The Court pointed out that forcing Indian Section 87 of the /ndian Act.
peoples to arrange for on-reserve delivery of goods imposes a Overall, this case is a very negative decision in terms of
very strong burden on any Indian who wants to take aboriginal rights as it holds that a majority of right of way
advantage of the right to be exempt from taxes by forcing interests held by utilities such as CN and CP through reserve
them to pay the costs of delivery, the court also recognized lands, no longer form part of those reserve lands. The decision
that delivery is often not an option. In short, the Court found is currently on appeal to the Federal Court of Appeal.
that requiring on-reserve delivery of goods in order for the tax
exemption to apply, is not an effective means of recognizing UNION OF B.C. INDIAN CHIEFS
the rights contained within Section 87.
The Court, in the Union of New Brunswick Indians,
begins with the assumption that there ts a significant tax Vowdre COngaly Tnvued:
exemption for Indian peoples provided in the Jndian Act,. and
then looked to the best means of giving effect to that
exemption.
It will be very difficult for any one collecting tax for
purchases off reserve, to determine whether the goods are
actually destined for use on the reserve. In all likelihood, this 28th Annual General Assembly
case will increase the tax room for Indian peoples. In law, if October 23, 24, 25, 1996
not in practice, this case should apply in British Columbia so Saanich, B.C.
that all Indians who live on reserve and who are buying goods ,
which they intend to use and kesp primarily on reserve should
not be subject to provincial sales tax regardless of where they
purchased goods.
Canadian Pacific Limited v. Matsqui Indian Band
and Matsqui Band Council and Others
This was a case in which the Canadian National
Railway (“‘CN’’) and Canadian Pacific (““CP’’) challenged
the rights of Indian Bands to tax railway right of ways which
run across reserve land, pursuant to Band taxation bylaws.
The railways argued that the Bands do not have a right to tax
the right of way lands running through reserves because the For more information contact Mildred Poplar at our
right of way lands were not part of the ‘“‘reserve’’ and Vancouver office at (604) 684-0231.
therefore not subject to Band bylaws.
SUMMER 1996 11
UBCIC NEWS
COMMUNITY
PROTEST STOPS
LOG EXPORTS
Thursday August 1, 1996, Masset Haida Gwaii --
Today, in a Community-based action, the Haida placed
themselves in front of the largest log barge in the world,
which is owned, by MacMillan Bloedel. Eight Haidas
paddled a cedar canoe out into the inlet front of the Haida
Village of Old Masset. Some villagers accompanied the
canoe in small boats; others stood along the shore, drumming
the ‘Paddle’ song. The Haida Brave was brought to a
standstili in the inlet and the plunder of Haida land was
stopped, if only temporarily.
The Haida Brave and Haida Monarch the
largest self-loading log barges in the world
hold about 1200 cubic meters of logs which is
the equivalent of 400 full logging trucks.
The Haida people have endured poverty for
generations while millions of dollars worth of Haida timber
has been stolen by large forest companies such as MacMillan
eee As it is there are only 5-10 years left of old growth
orests.
The only contribution MacMillan Bloedel has made to
the people of Old Masset was a $15.00 donation toward the
building of their community centre.
The Haida people responded to watching barges of
their resources continually going out the inlet with a
physical blockade today. The belief motivating the
community action is that the land question must be addressed
and interim measures must be put in place to stop the
wholesale logging of the Haida’s salmon-bearing river valleys
and the destruction of the last of the old growth cedar vital to
the continuation of Haida survival.
In the face of the Haida people’s protest, the
MacMillan Bloedel barge has dropped anchor. The Haida
ceremonial canoe is now moving up the iniet towards the
MacBlo barge.
For more information contact:
Sharleen White Davidson (604) 626-3985.
DEATH OF
LEON SHENANDOAH
THE ATOTARHO
OF THE SIX NATIONS
IROQUOIS
CONFEDERACY
OF NORTH AMERICA
Kahnawake M.T. 23 July, 1996 —- The Atotarho, the
firekeeper of the Six Nations Iroquois Confederacy, is
considered the chiefs of chiefs. The Confederacy consists of the
Mohawks, Onondagas, Cayugas, Oneidas, Senecas and
Tuscaroras. Leon Shenandoah, 81 years of age, was chosen in
1969 and heid the position for 28 years. He passed away on
Monday July 22nd at 7:20 a.m.
The Great Law of Peace, the constitution of the
Confederacy states: ‘“The Chiefs of the Six Nations Iroquois
Confederacy shall be mentors of the people for all time. The
thickness of their skin shall be seven spans thick, their hearts
shail be full of peace and goodwill, and their minds filled with
yeaming for the people of the Confederacy. With endless
patience they shall carry out their duty and al! their words and
actions shall be marked by calm deliberation’’. This is the true
spirit of North America - equality, democracy, honour and
respect for the power of the people. It is the duty of the chiefs
of the Confederacy to act as teachers and spiritual guides of
their people. The Confederacy at this time must continue to be
vigilant in protecting all Indigenous people in North America.
The Atotarho is survived by his wife, children, many
grandchildren and great grandchildren.
NATIVE PROGRAMS DEPARTMENT
LEGAL SERVICE SOCIETY OF
BRITISH COLUMBIA
CHANGES OF TELEPHONEL/TAX NUMBERS
Please note that as July 1996 the telephone numbers for
the staff of the Native Programs Department of Legal Services
Society has been changed as follows:
Penny J. Desjarlais, Director 601-6005
Cheryl Rubuliak, Research and Program Coordinator
ee ee, es 4 Assistant to the Director 601-6006
received her Masters of'Law degree from iv N Community’ Develooment
HARVARD UNIVERSITY on June. 12, 1996. Se es ae P
—_— —-—... toa) aa Fieldworker 601-6040
from the Carrier: Nation'at'Fort2St:James.and -_ ;
Sur eg a : =. Kent Patenaude PLE, Publications Fieldworker 601-6039
is:the first Canadian Aboriginal woman accepted:to
Hen asier of lew Procamer Harter Frances Auckland, Department Secretary
Bes Ol oe Pre are aarv Assistant to the Fieldworkers 601-6036
Native Programs Fax number 682-0787
12 SUMMER 1996
URCIC AEM
LEGISLATIVE COMMITTEE TO RECEIVE INPUT
ON NISGA’A AGREEMENT
August 9, 1996, Victoria, B.C. -- The Select Standing Committee on Aboriginal Affairs, an all-party committee
of the Legislative Assembly, has been appointed to study the impact of the Agreement-in-Principle signed last February between
the provincial government, federal government and Nisga’a Nation.
The Minister of Aboriginal Affairs, the Honourable
John Cashore, introduced a motion calling for the committee
to examine and make recommendations on the application of
key issues arising out of the agreement to treaty negotiations
throughout British Columbia; and further, to aid in
determining how progress can be made towards treaty
settlements with aboriginal people which are beneficial to all
British Columbians.
The committee is empowered to visit communities in
the province and to provide opportunities for all interested
parties to express their views on these matters. The Convener
of the committee, Mr. Jan Waddell (MLA)- Vancouver-
Fraserview), welcomed the opportunity for public dialogue. “‘!
look forward to working together with all members of the
committee. Our job is to ensure full and fair hearings on these
matters and to listen to all British Columbians. ”’
The committee’s work will begin in earnest in the fall,
For Immediate Release
after the legislature adjourns. Public hearings that are
held will be advertised in the communities that the
committee visits. The committee will meet on August 14,
1996 in the Parliament Buildings to begin the task of
preparing for its inquiry.
Members of the committee are:
Mr. Ian Waddel, MLA (NDP - Vancouver-Fraserview) -
Convener
Mr. Harry Lali, MLA (NDP - Yale-Lillooet)
Mr. Tim Stevenson, MLA (NDP - Vancouver Burrard)
Mr. Glenn Robertson, MLA (NDP - North Island)
Mr. Bill Goodacre, MLA (NDP - Bulkley Valley-Stikine)
Ms. Erda Walsh, MLA (NDP - Kootenay)
Ms. Cathy McGregor, MLA (NDP - Kamloops)
Union of B.C. Indian Chiefs
Workshop
DEPARTMENT OF INDIAN
AFFAIRS RECORDS
“RG 10”
Union of B.C Indian Chiefs Research will once
again be holding a three day workshop on this topic from
Monday October 7th to Wednesday October 9th. The
Department of Indian Affairs made many changes to its
filing systems and agencies over the years, so this is a
complex record group (““RG’’)tonavigate. This overview
session is an excellent orientation for new and beginning
researchers in the field of land rights. Class size will be
limited, so book your place now (See the insert for more
details).
For more information contact Leigh Ogston at the
Union of B.C. Indian Chiefs Vancouver office. Telephone:
1-604-684-0231 or e-mail: [email protected]
-@
VANCOUVER ABORIGINAL
FRIENDSHIP CENTRE SOCIETY
Books Needed For Children
In Famtly Centre
August 15,1996 | We are in the planning process of
opening a Children's Development Centre and need
books for this Centre. We are in need of a donation of
Books for these Children and parents, either hard-cover
or soft cover is fine.
Thank you kindly for any assistance you can
give for children in need.
Please send donations to:
VANCOUVER ABORIGINAL
FRIENDSHIP CENTRE
SociETY
1607 East Hastings Street
Vancouver, B.C.
VSL 187
SUMMER- 1996
13
UBCIC NEWS
Provincial Aboriginal Hunting Policy
As Summarized by Shauna-Leigh Maloney
Provincial Aboriginal hunting policies have become increasingly restrictive. New policy guidelines have twice been
released since 1992, with ambiguity as to whether one supersedes another. The results of such confusing policies is the arrest and
seizure of aboriginal hunters and their game, many of whom were following Provincial guidelines to the best of their knowledge.
Consultation:
Findings from the Sparrow
Rulings stated that the Government is
required to first consult with the
Aboriginal people before proceeding to
put in place restrictions which would
interfere with the exercise of Aborigi-
tion of game.
To hastily accept such a definition
of Aboriginal Rights would mean
denying First Nations in urbanized
territones the right to hunt. First
Nations must insist that the Crown live
up to its fiduciary obligation which
conservation or other substantial objec-
tives such as public health and safety.
The province asserts in its Draft Discus-
sion Paper that there are no known
Aboriginal Rights to harvest wildlife for
commercial purposes.
The Province's own definition of
nal Rights. The Ministry Aboriginal rights as those
Ae ane : Provincial Aboriginal Hunting Policies ea Aare
around this ruling by are restricting Your Rights! and before 1846, should prove
introducing two sets of Dear Friends, that hunting for economic
Interim Guidelines, one in The Provincial Government is about to pass permanent jj reasons is an Aboriginal Right.
1992 and the second in legislation regarding Aboriginal Hunting Rights. The following}] A culture is often defined by its
1993. Although the MELP [i] is a summary of the Province's past and present positions on economic practices, and First
Interim Guidelines recog- important issues such as the Rights of individuals and Nations taj] Nations have always used meat
nize the need for consulta-
tion with First Nations,
MELP did not engage in
consultative processes with
all of the effected First
Nations. Consultation will
occur, apparently, before
the development of perma-
nent Guidelines.
Tradition:
The current position
of the Province is that
Aboriginal Rights to
harvest wildlife exist where
Hunt within and outside of their own ternitories. The Province
is entering into discussions with a select group of communities
to determine a Province-wide Aboriginal Hunting Rights policy,
and has produced a Draft Discussion Paper outlining their
position.
Don't let the Province extinguish The Inherent Aborigi-
nal Rights of you and your Nation! The Union of B.C. Indian
Chiefs urge every B.C. First Nation to speak out about Provin-
cial policy before legislation can be passed (talks are scheduled
to conclude by the end of August).
Yours Truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry, President
c.c. Honorable John Cashore, Min. Aboriginal Affairs
and furs as currency, trading
them for goods, services and
general economic gain. Hunting
has always been an integral part
of the First Nations economy.
The Province has left
unclear its policy on the com-
mercial sale of game by-prod-
ucts. Much of the hide, bone
and antler of an animal caught
for meat can be (and was always
traditionally) used to make
clothing, jewellery and tradi-
tional tools. These traditional
a First Nation has a history
First Nations products sell on a
of carrying out an activity
in a specific location long enough prior
to 1846 to make that activity integral to
the distinctive culture of that society.
To restrict Aboriginal Hunting rights to
the way they were practiced in 1846 is,
essentially, to eliminate any viable way
to hunt in the 1990s. Environmental
damage and urban development since
1846 have caused a significant decline
in wildlife population. Remaining
animals have had to migrate away from
the territories in which they were
hunted since time immemorial to make
way for skyrises and suburbs. The
modem First Nations hunter must
therefore commute to where the game
is and, once there, cover more ground
in order to find such a sparse popula-
requires, where resources are no longer
available in the Aboriginal hunter's own
territory as a result of Crown authorized
settlement and development activities,
that access be provided to wildlife
resources on unoccupied Crown land
elsewhere in the Province. Courtesy and
tradition would require that the hunter
first obtain permission from the First
Nation in whose territory the hunting
will occur.
Sustenance:
First Nations, under Provincial
policy, may practice their Aboriginal
Hunting Rights and harvest wildlife for
sustenance, spintual and ceremonial
purposes without a license, at any time of
year. These rights are subject only to
wide market today, providing
livelihoods for many Aboriginal artists
and artisans. If the province were to
prohibit the sale of by-products from
sustenance game, the Traditional Art
industry would be compromised. Tradi-
tional arts promote cultural awareness
and economic growth in and outside of
First Nations communities. Hampering
this industry puts a lid on an important
part of the First Nations, and indeed
Canadian, cultural identity.
Sharing:
In January of 1992, a memoran-
dum from the MELP Assistant Deputy
Minister for Regional Operations and
Enforcement stated:
(Continued on Page 17)
14
SUMMER 1996
UBCIC NEWS
MAP OF THE SOVEREIGN INDIGENOUS NATIONS
TERRITORIAL BOUNDARIES: JUNE, 1993
The Union of B.C. Indian Chiefs’ map of the Sovereign Indigenous Nations Territorial Boundaries is the only contemporary
map that accurately shows the traditional tribal territories of the 23 Indian Nations in British Columbia. The six colour map measures
237 oO
The tribal territories are the homelands of distinct Nations, within which their respective peoples share a common language,
culture and traditional forms of political and social organization. These homelands have been occupied by the Indian Nations since
time immemorial. Up to the present, the Indian Nations in British Columbia have never surrendered their ownership of their homelands
(aboriginal title), nor have they surrendered their original sovereignty as nations to govern their homelands (inherent jurisdiction).
Information on the territorial boundaries was compiled by the Union’s research portfolio and President’s office between July,
1990 and April, 1993 from archival research and information provided by elders, chiefs, and tribal councils. Chief Saul Terry, President
of the Union and a graduate of the Vancouver College of Art (now the Emily Carr College of Art and Design), prepared the working
drafts for the map.
Design and cartography for the June, 1993 map was done by David Sami, chief cartographer of Multi Mapping Ltd. in
Vancouver, B.C., using a 1:2,000,000 scale base-map from the Surveys and Environment Branch of the British Columbia Ministry
ofEnvironment, Lands and Parks. All territorial boundaries shown on the map are subject to further revision, as additional information
becomes available. Contact the Union of B.C. Indian Chiefs at (604) 684-0231 for ordering information.
28" x 36" / Scale: 1:2 000 000 / Six Colours
Seu ORS
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SUMMER- 1996 15
UBCIC NEWS
STE WAUR TD IPJRUULILIUP UN TIEIRV IE W-
ANOTHER EXAMPLE OF LIVING PROOF
SuspmitreD By PENnTICTON INDIAN BAND
Tit was winter, 1994, the Penticton Indian Band decided to erect check points (road blocks) on Green
Mountain Road to reinforce their demand for an environmental assessment of a proposed massive ski resort/real
estate development within the watersheds of their traditional territories. Stewart Phillip, Councillor for the Penticton
Indian Band worked 22 hour days maintaining order at the barriers. Coming in from the cold, he took his shoes off
and noticed that his feet were swollen. Pushing his finger into his foot, it left a depression (edema). Stewart's wife
Joan had been working for Shoal Lake, an Aboriginal community in Ontario. Stewart called Joan, who then flew
back home to Penticton.
"I'd never been to a doctor in my
life; I didn't even have a regular GP.
The doctor noticed the liver spots on my
chest, and referred me to a
gastrointestinal physician who said
cancer of the liver, with three tumors
growing there. "We were told that
cancer might stop a transplant (from
taking place). If they sent me home
effects of the drugs and the surgery,
Stewart said "It took me about two days
after the operation before I knew I'd had
the transplant.”
Stewart is the father of two girls
it was either cancer or cirrhosis."
The tests and diagnosis revealed
severely advanced cirrhosis with
the possibility of cancer (visible
liver nodules/tumors). Stewart's
"... [ believe my coping began
with accepting the fact that I
was terminally ill..."
and four sons aged 17-26. "The
oldest daughter (Carey) is in Japan
right now. She wasn't going to go.
She had graduated from U. Vic, and
had a teaching contract over there.
symptoms included severe fatigue,
fever, chills, diarrhea, loss of appetite
and weight. He was "so ill I didn't
know what was going on. I just wasted
away, so sick I didn't want to live."
"The other thing that was
bothersome for me is it was spring, and
warm. I was wearing two sweaters,
long johns and sweats." After
seeing a naturopath in Peachland,
Stewart went through fasting and
detoxification, and started to feel a little
better.
He was and still is Economic
Development Officer and an elected
Band Councillor for the Penticton
Indian Band here in B.C. Stewart's
office was four blocks from home, but
being too ill even to walk that distance,
he worked from home, not having the
strength to change out of his bathrobe.
The doctor in Penticton
referred Stewart to Dr. Anderson, a
liver specialist in Vancouver. He was
then referred to the transplant program
at the B.C. Transplant Society. “We
felt really good about it. My condition
was being taken seriously; something
was being done. For the first time, we
had hope something would happen."
Stewart's illness was caused by
(without a transplant) they'd give me a
year to live. We had to live with that
fear from the very beginning.”
The doctors wouldn't know if the
transplant was possible until they
examined the condition of his liver
during surgery. They didn't know if the
cancer had spread beyond the liver. "We
got the call (from Lynn Mori, Transplant
Coordinator for livers) at 10 to 10:00
p.m. The Medivac came at midnight.
There were five patients aboard. There
was no room for Joan. It was a lonely
flight because she had been right by my
side the whole time.”
Joan drove to Vancouver with
Stewart's sons, two sisters and brother-
in-law that night. He didn't know if
she'd be there by the time he went into
the operating room. Fortunately, Joan
made it to the hospital before Stewart
went into the OR. Once again, the
surgical transplant team reminded the
Phillips’ that if the cancer had spread
beyond the liver, they would be forced to
simply close Stewart up and send him
home.
Knowing that he might awaken
from the operation without a new liver,
Stewart went into surgery. Due to the
She was going to cancel the whole
thing. I got bounced out on the eighth
day. Both my daughters and all my
sons visited me. It was a tremendous
relief throughout the family and the
community, not to mention myself."
When asked how he coped with
his illness, especially the emotional and
mental turmoil that strikes every person
waiting for a transplant, Stewart
answered:
"I believe my coping began with
accepting the fact that I was terminally
ill. I had to accept the fact that, for the
first time in my life I had to get off my
high horse, and accept the fact that I
needed help to defeat the life-threaten-
ing cirrhosis and cancer that had almost
succeeded in destroying my liver. I
found | had to unconditionally place my
life in the hands of the doctors and the
health care personnel of the transplant
program.
I also had to realize and accept
the fact that my terminal condition fully
affected every member of my family, as
well as myself. I had to be sensitive to
their fears and feelings, as well as my
own. I had to be willing to share my
thoughts, fears and feelings with every
(Continued on Next Page)
16
SUMMER 1996
UBCIC NEWS
STEWART PHILLIP INTERVIEW (Continued from page 16)
member of my family. In addition, I had
to accept their support. Under these
difficult circumstances, I had to learn to
accept and return their love.
Finally, I had to accept the
Creator into my life. I found that I had
to unconditionally surrender my will to
the Creator, and place my life and
welfare in His hands. Without question,
my transplant experience taught me the
power of prayer and the need to pray.
I shall be eternally grateful for
the many things I learned and came to
understand as a result of my illness and
subsequent liver transplant."
Stewart explains the biggest
change he has noticed since his trans-
plant; "Physically, the first thing I
noticed was the increase in my energy
levels. For the first time in many, many
years I am able to undertake a full day of
activity without feeling totally ‘bagged-
out’. Prior to my transplant, I spent the
entire day on our sofa, in the horizontal
position, in my bathrobe. I never really
got up.
Also, for the first ume in over a
year I am able to eat! As a matter of
fact, I spend a great deal of my time
either eating or thinking about eating.
Needless to say, I am ecstatic about the
fact that I am quickly regaining all the
weight that I lost during the final stage of
my illness.
Emotionally, I immediately
noticed a tremendous sense of relief and
inner peace due to the fact that I and my
family are no longer sharing the path
with the 'Grim Reaper’. Mentally, I have
noticed a greater clarity of mind.
I and my family have a much
deeper, more meaningful and more
reverent relationship with our Creator.
Without question, the many, many
prayers that were offered with respect to
my recovery played the most central role
in my successful transplant operation and
subsequent recovery."
In his spare time, Stewart enjoys
“public speaking and political activism
for the purpose of organizing for social
change." He also likes spending his
healthy days hunting, fishing and camp-
ing.
Here is Stewart's advice for the
hundreds of Canadians awaiting a
transplant:
“Accept the fact that you have a
terminal illness. Accept the fact that you
shall need a great deal of help and
support to overcome your illness. Get
off your high horse and accept the love,
support and compassion that will be
offered by members of your family, as
well as your friends. Do not shut them
out. Openly share your fears, doubts
and feelings with your support group.
Listen to their fears and feelings.
Remember, this traumatic experience is
also happening to them as well as
yourself. Tears have a legitimate place
in the healing process. Do not be
afraid to cry.
Develop an unshakable sense of
faith in the doctors and health care
professionals who have undertaken
your case. They know what they are
doing. Listen to them, and follow their
direction and advice.
Pray. Reconnect yourself with
your Creator. Have faith.
To all those people who are
currently awaiting a transplant, Joan
and I offer our prayers of support to
each one of you. We offer our prayers
of support to each member of your
family. May the Creator give you
strength, courage and comfort. Praise
the Lord!"
=
2 \
“Native persons wishing to hunt
in the traditional areas of bands other
than their own should be advised to
consult with that band prior to hunting.”
This memorandum recognizes
aboriginal hunting as not restricted to
the hunter's First Nation's Traditional
Terntory, subject to consultation with
the other First Nation. The 1992
memorandum also addresses Aboriginal
Hunting Rights as belonging to an
Individual, and the fact that a host First
Nation may choose to share their
hunting resources with other individuals
without negotiating hunting contracts
between entire Nations. These 1992
policy guidelines have never been
explicitly revoked, although the 1993
Interim Guidelines restrict Aboriginal
Hunting to a person's traditional terri-
tory. No consultation was made with
First Nations before the Interim Guide-
lines were implemented.
A recent Draft Discussion Paper
HUNTING (Continued from Page 15)
presented by the Province states that
"The 'shared' harvesting will not
be recognized as an Aboriginal Right of
the host First Nation, or the First
Nation that shares the harvest Under this
scenario, agreements would have to
be negotiated with regional Ministry staff
on a First Nation by First Nation basis."
The right to share harvesting is an
indisputable Aboriginal Right practiced
since the dawn of time between Aborigi-
nal families, Tribes and Nations! Provin-
cial policies make it inconvenient, if not
impossible to negotiate a Shared Harvest-
ing Agreement between Nations or for
individuals.
As said above, the Crown has a
fiduciary obligation which requires,
where resources are no longer available
in an Aboriginal hunter's own territory,
that access be provided to wildlife
resources elsewhere within the Province.
The Provincial Courts disagree. A letter
dated November 7, 1995 from J. Corbett,
£ _
Acting Regional Environment Manager
in Kamloops, to Chief Victor York of the
Lower Nicola Indian Band states (con-
trary to the 1992 Interim Guidelines and
interpreting the 1993 guidelines) as
follows:
"It is the interpretation of the
courts that First Nations People may not
hunt/fish in another Nation's Tradi-
tional Territory even with permission.
This only applies to hunting or fishing
for sustenance which is outside of the
regular hunting/fishing season and
regulations."
Such an interpretation of Aborigi-
nal Rights veritably denies First Nations
in urbanized areas the right to hunt or
fish. It also ignores the right of First
Nations to share their resources with
other Nations and individuals. The
Province has even less Jurisdiction than
the Federal Government has to define
what constitutes as such a Fundamental
Aboriginal Right.
SUMMER- 1996
17
UBCIC NEWS
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UBCIC
NEWS
Union ofB. C. Indian Chiefs
NEWSLETTER
SUMMER 1996
STEWART PHILLIP
RECOVERY FUND
Band Councillor Stewart Phillip
served as the controversial spokesman
for the Penticton Indian Band. Stewart
articulated the Bands positions and put a
face to the PIB's many battles with the
Provincial and federal governments.
Stewart Phillip's long-standing
battle to defeat the cancer growing i n his
liver came to a climax late Tuesday, June
18, 1996 when health care officials of the
solid organ transplant program of the
Vancouver General Hospital phoned to
inform his family that a suitable donor
had been identified. Stewart was
immediately flown to V G H on an
emergency medevac flight. We are
gratefully relieved and pleased to report
that Stewart survived the 10 hour liver
transplant operation which took place on
Wednesday, June 19, 1996. Further, we
are delighted to inform you that his
prognosis for recovery is extremely
promising. In fact, Stewart's rate of
recovery has been described as "nothing
short of miraculous ' by his physicians.
Prior to the transplant operation,
Stewart's doctors described his condition
as terminal and gave him one year to
live.
The rigorous post-operative outpatient treatment program demands that
Joan and Stewart Phillip reside in
Vancouver for a minimum of three
months due to the fact that this represents a delicate timeframe whereby many
transplant patients suffer "rejection
episodes". Therefore, patients must live
in close proximity to the outpatient
1
Continued on Page 3
SUMMER-
1996
VAN DER PEET vs REGINA
SUPREME COURT OF CANADA DECISION
August 21, 1996 — Statement from Chief Steven Point,
Chiefs' Representative on behalf of the Sto:lo Chiefs and the
Appellant Dorothy Marie Van Der Peet.
Thank you for joining us here
the fishery that includes a
this morning. As you know, the case of
commercial component.
Van Der Peet was dismissed today at
W h a t that economic
the Supreme Court of Canada because
component will be has
she did not provide the evidence to
been l e f t o p e n f o r e i t h e r
satisfy the new test pronounced.
negotiations or f a i l i n g negotiations,
another court case. The Sto:lo are
The d e c i s i o n advances the
prepared to do either.
struggle to have o u r r i g h t s
This is a clear signal to the
recognized legally and politically. It
Government of Canada that negotiations
is another step towards proper
must occur with the Sto:lo i n a manner
recognition of our aboriginal rights.
that fully respects our rights i n the
Today the Supreme Court of Canada
fishery. Those rights were not frozen in
rejected the legal analysis used by the
time or lost upon the arrival of
B . C . Court of Appeal. The Supreme
Europeans. The S.C.C. clearly states
Court of Canada has left the d o o r
that aboriginal rights continue into the
o p e n to d e c l a r e t h e
future. The Sto:lo will continue the fight
c o m m e r c i a l component to the
to have our rights recognized.
aboriginal fishing right.
The Supreme Court of Canada
has developed a new test that was not
before the Courts when we began this
case nearly ten years ago. The test
IN THIS ISSUE...
which we all need to meet has now
2. President's Message
been delineated. The economy of the
Sto:lo's fishery was an integral part of
3. UBCIC Education Conference
the distinctive Sto:lo culture. This is
4. Proposed Indian Act Changes
the test that the Supreme Court of
Canada has now told us we must meet.
5. Irwin Re:Extinguishment
We can meet this test and so can most
6. UBCIC Health Update
First Nations and the Minister of
Fisheries and Oceans, the Honourable
9. Institute of Indigenous Government
Fred Mifflin knows that.
10. Mandell, Pinder Legal Update
In 1994 the B . C Court of Appeal
decided that there was no commercial
13. Ab. Affairs Legislative Committee
aspect to our aboriginal right. The
14. Prov. Aboriginal Hunting Policy
Supreme Court of Canada clearly
rejected that analysis. The highest
16. Stewart Phillip Interview
court in Canada has now said that it is
possible to have an aboriginal right to
1
UBCIC
NEWS
Message From the President
July 29/96 Letter to
Minister of Indian and Northern Affairs
Dear M r . Minister:
I know that you are a very busy member of Parliament and cabinet so 1 shall make my words brief.
In late 1994 efforts were made to organize regularized meetings between your office and the office of the Union
of B. C. Indian Chiefs. Nation Representatives of Chiefs Council were very optimistic at that time. Optimistic to the point
that our nation representatives traveled to Ottawa to kindle that hope. The chasm between us seems to have widened. Rather
than having a relationship flourish with bridges from "results-oriented" discussion, neglect has taken its toll.
covered the issues falling under inherent
For example:
self-government which may have
>
the M i n i s t e r - Chiefs
included the dismantling of Indian and
Council meetings which were to have
Northern Affairs.
occurred four times annually has never
I would surmise that you and
come about.
your government have your particular
>
Policy issues in education,
reasons for not following through with
social services, health and other programs
a
relationship
continue to be
development with the
troublesome. We
Union of B . C . Indian
had
hoped to
"...The chasm between Chiefs.
address
these
Your statement
matters through
us
seems to have
reported by the media
the
Program
widened...neglect has that as long as Indians
Assessment a n d
have problems then
Review process you
taken its toll."
your department is
had initiated. I had
devising policy that is
further hopes that
good for the federal government. It
your department would have found new
continues a legacy for despondence.
money to participate with us i n the
To paraphrase the late Grand Chief
development of the Institute of lndigenous
Philip Paul's words; 'we make many
Government. Its growth is demonstrated
efforts to compromise our politics
through the extension programs we have
without compromising our principles',
negotiated at Tsartlip and Mission Three
however our efforts to date have mainly
other arrangements are under discussion.
been
made for naught.
>
We need to explore further
Positive changes which are i n
the
two stage
"umbrella"
the
interest
of our Peoples must be
Comprehensive Framework Treaty
sought,
therefore,
I would recommend
process we had tabled with the federal
that
we
make
immediate
arrangements
government on July 30, 1990. Within
to
meet
and
discuss
the
agenda
items
this process discussions could have
outlined above. They remain relevant
in our future.
Sincerely,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry,
President
2
Office of the
Minister Responds:
August 14, 1996
Dear Chief Terry:
On behalf of the Honourable
Ronald A. Irwin, Minister of Indian
Affairs and Northern Development, I
wish to acknowledge receipt of your
letter dated July 29, 1996, requesting
a meeting with the Minister to
discuss various issues.
Regrettably, the Minister will
not be available to accommodate
such a meeting at this time, as his
schedule is fully booked with prior
commitments. However, perhaps a
meeting could be arranged on a
future trip to British Columbia. I
will contact your office, should this
opportunity arise.
Sincerely,
Lorraine Champigny
Acting Scheduling Assistant
Footnote:
August 22, 1996 - Minister
Irwin is confirmed to address the
"Aboriginal Law In Canada Conference" in Vancouver at 8:45 am on
September 27, 1996 at the Sandman
Inn. His office has not contacted the
UBCIC to arrange a meeting with the
Chiefs Council.
SUMMER
1996
UBCIC
NEWS
Chiefs, Council, Elders, Educators,
Co-ordinators, Students
ByJennie Blankinship,
UBCIC Education Coordinator
A resolution was passed on June 11 & 12, 1996 at the UBCIC Chiefs Council
Meeting to host an "Education Conference" to address critical issues pertaining to
Indian education on and off reserve.
"Stewart Phillip Recovery Fund"
ContinuedfromPage 1
"EDUCATION: A N INHERENT
RIGHT PERSPECTIVE
Union of BC Indian Chiefs
Education Conference
September 18 & 19,1996
Chief Louis Centre
Kamloops Indian Band School
John Watson, from DIA stated that
quality and resourcing of education.
there is an increase in Aboriginal services!
Everyone is encouraged to participate.
That the nominal roll reviews w i l l reflect
Assert your
increases to K-12 education! He claims
Education."
that they are accountable to the Attorney
leaders, teachers, educators, parents,
General and the Auditor General for
families and students is strongly
dollars spent! Evidence shows that there
recommended.
is cutbacks of our funding dollars for band
"Inherent
Right
to
Participation of elders,
Please make donation
Confirmation of attendance is
schools, administration, travel, tuition,
requested by September
l i v i n g allowances, special needs,
Registration is free of charge.
curriculum development, health, etc. We
Jennie Blankinship at 1-604-684-0231 or
know all too well that there is a 2-3 year
fax 1-604-684-5726. The U B C I C is not
waiting list for post-secondary education.
responsible for travel or accommodation
Education funds should reflect our
expenses, participants are to make own
increasing population. It's towards the
travel and accommodation arrangements.
Indian people that DIA is accountable to!
Lunch will be available at "Laura's
The government has a fiduciary
responsibility to provide education to all
Indian people.
Topics focused on at this conference
will include jurisdiction, management,
SUMMER-
1996
cheque payable to:
1, 1996.
Phone
Kitchen" at $5.00 per person.
The
episodes". Therefore, patients must live
in close proximity to the outpatient
treatment clinic and the emergency ward
of Vancouver General Hospital.
Needless to say, this will place a
heavy burden and strain on their somewhat limited financial resources due to
the fact they shall be forced to meet the
expenses which shall be generated by
maintaining two residences. They are
also faced with the prospect of buying
medical supplies and equipment to
monitor and maintain his condition
during this post-operative period.
Therefore, we are appealing to
your generosity by asking for your
financial support to assist Joan and
Stewart Phillip through these difficult
and worrisome times.
U B C I C C h i e f s Council
Meeting w i l l be held on Tuesday,
"Stewart Phillip
Recovery Fund"
Att: Greg Gabriel,
Administrator
c/o PENTICTON INDIAN
BAND
R.R.#2, Site 80, Comp. 19
Penticton, B.C.
V2A6J7
September 17, 1996, at the Kamloops
Indian School, Chief Louis Centre.
All contributions shall be
greatly appreciated.
3
UBCIC NEWS
—
Proposed Changes to the Indian Act
Letter to Ron Irwin, Minister of Indian and Northern Affairs
"...The real issue is not
revision of the Indian Act
but recognition of the rights
that have been denied to us since
confederation
and to enact
constitutional
legislation
to
guarantee these rights''
A Declaration of Indian Rights
The B.C. Indian Position Paper
November 17,1970
Union of B.C. Indian Chiefs
These changes reduce the scope
of Canada's fiduciary responsibilities
by off-loading these obligations to
individual bands in the guise o f
self-government. Many of the
responsibilities of the federal
government are currently being offloaded to First Nation bands and
communities on a program-byprogram basis, with no guarantee that
these programs w i l l be continued or
that these programs will be funded at
an adequate level in the future.
These changes do not recognize
or respect the inherent right of self
determination of Indigenous Peoples,
rather these changes represent a move
towards self-administration in which
individual communities and bands
administer the federal government's
programs and policies at a local level.
While some of the proposed
changes may seem minor to your
government, we have learned long ago
that even seemingly insignificant
changes to the Indian Act have the
potential to reverberate loudly within
First Nation communities. For
example, where minor clauses of the
Indian Act are repealed, this creates a
vacancy in which provincial law may
become applicable, resulting in a
patchwork of different laws for First
4
(November 2, 1995)
m am writing this letter in response to the changes to the Indian Act
that your department is currently proposing. You have stated that "none of the
potential amendments affects aboriginal or treaty rights or alters the
government's fundamental fiduciary relationship with First Nations.'' It is
clear to the Union of B.C. Indian Chiefs that the proposed
changes
will fundamentally alter the fiduciary trust relationship between Canada and
First Nations, and will minimize and mitigate the fiduciary
obligations
owed to First Nation Peoples by the government of Canada.
Nations across the country.
In your letter o f September
1, 1995 (which was received by our
office on October 3, 1995) you stated
your belief that there is a level of
positive support for the changes that
your department is proposing. W e
feel that you have been
misinformed. A total of 61 individual
responses does not equal a positive
mandate of support of your proposed
changes. We are deeply
uncomfortable with the lack o f
openness in the process through which
your departments has proceeded.
Which communities and Nations
have shown support for these
changes? What is the exact nature of
this support? The Union of B.C.
Indian Chiefs calls upon your
department to make these letters,
including the names of the senders,
openly available to all First Nations
organizations in this country.
The response that the Union of
B.C. Indian Chiefs has received from
our members has been overwhelming:
Indian Nations within British
Columbia do not accept they piecemeal changes to the Indian Act that
your department is currently
p r o p o s i n g . A n y changes
fundamentally altering the relationship
between Canada and First Nations can
only be made via negotiations and in a
manner which is mutually acceptable
to all parties. The process which your
department has used in order to put
through these changes is not
acceptable to us. We vigorously
oppose and refuse to accept any
changes to the Indian Act which
reduce the extent of the Federal
Government's fiduciary obligations to
First Nations.
Yours truly,
UNION OF B.C INDIAN CHIEFS
Chief Saul Terry, President
cc A l l UBCIC Members
Chief Saul Terry, X'wisten
President, Union of B.C. Indian Chiefs
SUMMER
1996
UBCIC NEWS
A.F.N. Special Assembly
Announcement
To:
Chiefs, Tribal Councils, PTO's
From:
Ovide Mercredi, National Chief
Date:
August 13, 1996
Re: Change of Date for Special Assembly of
D I A N D ' s proposed Indian Act Amendments
This is to inform you that there is a change in
schedule for the upcoming Special Assembly on
DIAND's proposed Indian Act amendments, it will
now be held September 23, 24, 1996 in
Winnipeg, Manitoba.
The Department of Indian Affairs
has developed an Indian Act amendment
package which contains some 63 changes,
which is virtually half of the Indian
Act. This represents the most massive
set of changes since the 1951 amendments
to the Indian Act. Our preliminary
analysis indicates that DIAND's Indian
Act amendments package will result in
serious negative impacts on our lands, our
people, our treaties, and our fiduciary
relationship with the Crown.
The purpose of this Assembly is to provide you
with a detailed analysis o f D I A N D ' s proposed
Indian A c t Amendments, and to discuss a strategic
response to the federal government regarding DIAND's
proposals.
We are also inviting representatives of the
signatories to the First Nations Land Management
Framework Agreement to provide the Assembly with
and update on the status of their initiative.
The Minister of Indian Affairs, Ron Irwin, has
already informed our Assembly on July 10, 1996, that
he has received drafting instructions from Cabinet and
he will proceed in the House of Commons this fall with
the Indian Act amendments package.
Minister Irwin is proceeding with these
amendments even though he has received only 61 letters
reportedly from 214 First Nation communities, 77%
of these First Nation communities are reportedly
"supportive of the amendment initiative."
I urge you to attend this important Assembly to
discuss this matter before it is too late to do anything
about it, otherwise the federal government will interpret
your silence as consent.
Irwin Re: Extinguishment
Dear Chief Mercredi:
Thank you for your letter of May 22, 1996
expressing your concerns with respect to the issue of
extinguishment.
Since the publication o f the report of the
Honourable A . C . Hamilton, the federal government has
been conducting a preliminary internal assessment of how
best to achieve certainty with respect to ownership and
use of lands and resources through the negotiation of
comprehensive land claims. In considering this issue,
Canada has taken into account M r . Hamilton's views,
the recommendations in the interim report of
the Royal Commission on Aboriginal
Peoples, entitled Treaty Making in the
Spirit of Co-existence, and other
proposals or suggestions that have been
submitted to me.
Through this process of internal
review, the federal government has
developed a set of principles that might
serve as a basis for a new legal technique
for achieving certainty. A copy of these
principles is enclosed with this letter.
M y intention is to undertake consultations on the basis
of these principles with Aboriginal people, provincial
and territorial governments and other parties that
may be affected by comprehensive claim settlements. I
agree with you that it is essential to undertake such
discussions and consultations before any final decision is
made on appropriate legal techniques for obtaining
certainty.
The approach outlined in the enclosed principles
would eliminate the requirement for a clause
surrendering Aboriginal rights, but would preserve the
objective of achieving certainty for all residents and users
of areas subject to comprehensive land claims. If such an
approach were to be adopted, it would only be applicable
to unsettled comprehensive land claims and would not
lead to the reopening of existing treaties or land claims
agreements.
The federal government wishes to work with the
A F N , and other affected parties, in reviewing and further
developing the principles, before any final decision is
made on the issue of how best to achieve certainty. M y
officials will be contacting the A F N to arrange a meeting
on this issue.
Yours truly, Ronald A. Irwin, PC, MP
'...The federal
government will
interpret your
s i l e n c e as
consent.'
SUMMER-
1996
5
UBCIC
NEWS
UNION OF B.C. INDIAN CHIEFS
UP-DATE ON CUTBACKS TO
NON-INSURED HEALTH BENEFITS
AUGUST 1996
The Union of B. C. Indian Chiefs issued a Health Bulletin
in July 1996. We stated that "... Chief Saul Terry wrote a letter
to Larry McCafferty (Regional Director of Medical Services
Branch, Pacific Region) that any notion they have to transfer
initiatives of the Non-Insured Health Benefits (N.I.H.B.) to the
First Nations Summit's Health Executive and the Federal
Government's Envelope Committee will not be tolerated".
Larry McCafferty wrote a letter to Chief Terry taking exception
to this comment because he claims that they have not initiated
any discussions nor are any discussions intended to take place on
Transfer of NTHB to the Summit Health Committee or to the
Province of British Columbia. He added that Pacific Region does
not have the authority to transfer NTHB to individual bands,
collectivity of bands or any provincial or regional authority.
When Is A Discussion Not A Discussion?
The Transfer of Health to Indian Bands has been a major
discussion between Indian Bands and Medical Services Branch
since 1981. While Health and Welfare claimed that transfer had
to be supportive of Indian aspirations, it also had to be compatible
with initiatives of other departments such as Indian and Northern
Affairs, Employment and Immigration etc. Indian aspirations
invariably become overwhelmed by the dominant government
strategies and initiatives. They also stated in the "Discussion
Paper: Transfer of Health Services to Indian Communities"
dated May 15,1981 that "while consultation is a necessary and
effective process, it must be understood that it is more difficult
and slower than unilateral action". They also stated that
"initiatives i n the area of health will be governed by the
legislative framework proposed by Indian and Northern Affairs".
This is 1996 (15 years later). The extinguishment of our
aboriginal rights has continued to be the major undertaking for
the Federal Government. Some day, the consequence of
extinguishment of our rights will result in major physical,
emotional, mental and spiritual ill-health. This is why we have
a responsibility to notify Health and Welfare Canada that they
cannot unilaterally extinguish our rights through cut-off to
health services. They and their people are wealthy from Indian
lands and resources and have never paid our people a fair share
of all the wealth they extracted from Indian territories.
In the government-prepared booklet' 'Non-Insured Health
Benefits Pilot Project Hand-book" dated November 14,1995 it
categorically states that Non-Insured Health Benefits Transfer
Pilot Projects are projects i n which First Nations communities
assume the total responsibility for managing the NTHB Program.
It states that these Pilot Projects may revise the M S B Benefit
6
Directives, Benefit Levels and eligibility criteria. Medical
supplies and equipment; vision care services; medical
transportation are the only NIHB programs to be transferred.
Dental services and drugs are to remain with Blue Cross.
While the Union of B . C . Indian Chiefs stands to be
corrected, it is not a question of discussions taking place with the
Health Executive Committee of the First Nations Summit or the
Provincial Government in the transfer of the NTHB progam to
them: the fact ofthe matter is discussions have been taking place
for years and as a result, pilot projects have been initiated and
there is no doubt that these models will lead Indian bands into
this federal initiative. We know the federal government has a
track record of wasting money on various initiatives over the
years but we beg the question: would National Health and
Welfare spend thousands of dollars on pilot projects if they have
no intention of transferring parts of the NTHB program?
COMMITTEES ASSISTING M E D I C A L SERVICES
B R A N C H IN B.C.
The Envelope Management Committee
This committee considers and recommends approval of:
1. The allocation of resources to centre managers of Medical
Services Branches.
2. The development of terms and conditions to be attached to
resource allocations concerning the purpose, limitations,and
availability for reallocation of resource allocations.
3. The development of general guidelines and processes such as
formulae for resource allocations, priorities, statement of
purpose related to the allocation of resources.
4. Reviewing the financial position of the Pacific Region in
relation to budgeted resources against expenditures and
commitments and to develop corrective measures to recover
from apparent over-expenditures or the utilization of lapsing
resources.
5. Setting capital priorities and allocations and approval of
annual plans.
Members to this Committee? Regional Director of the Medical
Services Branch i n Pacific Region; his Associate Regional
Director; his Assistant Regional Director of Administration;
HEALTH (Continued on page 7)
SUMMER
1996
UBCIC
NEWS
HEALTH (Continuedfrom page 6)
his Regional Manager of Financial Services; his Zone Directors
of South Mainland and the North East; his Acting Manager of
Post Transfer Relations, and representatives from the First
Nations Summit Health Committee.
The Pacific Indian Health Executive Committee of M . S . B .
The purpose of this Committee is to:
1. Ensure that team approach to decision-making is enhanced and
senior management of the Region works towards a common goal
of the Region.
2. Ensure that based on the Vision Policy and Program Directives
of the Branch, Regional decisions are made based on input from
senior Regional Managers.
3. Ensure that strategic Regional decisions are made including
resource allocation on the basis of current program requirements
and the future direction of the Region.
4. Be the point of dissemination of consistent information of
significance to the operations of the Region.
Members to this Committee? The Regional Director of Medical
Services Branch, Pacific Region; his Associate Regional Director,
his Assistant Regional Director of Administra-tion; his Regional
Manager of Financial Services and Administration; his Manager
of the Non-Insured Health Benefits Program; his Manager of
Environmental Health Services; his Acting Manager of the Post
Transfer Relations; his Manager of the Program Transfer; his
Zone Directors of South Mainland, Vancouver Island, North East,
and the North West; his Manager of Human Resources Division;
his Director of Communications; representatives from the First
Nations Summit Health Committee; and a recording secretary.
These members meet to:
1. Discuss and decide solutions to current issues of significance
to the Region.
2. Recommend annual and periodic resource allocations, and reallocations.
3. Review, discuss and recommend to the Regional Director or his
Associate Regional Director, the strategic direction for B C Region.
4. Be the sounding board for issues and strategies to be tabled with
the Branch Executive Committee known as the B.E.C.
5. Share information and ideas, identify opportunities for program
sharing and resource savings.
6. Review the terms of reference of this committee annually.
Please continue to provide us with invoices
you receive from your doctors or dentists. As
aboriginal people discover that they must pay
towards their medical and dental services, what
displeases them mostly is the fact that Medical
Services Branch has not shown them the courtesy
of notifying them by letter of changes to these
services. We would appreciate carbon copies of
letters you issue to government officials.
What the Union of B.C. Indian Chiefs said they would do:
1. A letter was sent to the Hon. David Dingwall including the
Petitions signed by Indian people.
v
2. A letter was sent to the Human Rights Commission of the
United Nations in Geneva. It included the Petitions and other
important facts related to National Health and Welfare cutbacks
to Non-Insured Health Benefits. Carbon copies went to Health
and Welfare, Canada; Department of Indian and Northern
Affairs, the Assembly of First Nations.
The following clarifies changes to the Directives for the NonInsured Health Benefits Branch of Medical Services Branch:
Health Bulletin
N e w Health Care Directives
July 28, 1996
This notice is to clarify the changes made to Non-Insured
Health Benefits Program Directives.
The Directives for the program itself, or the "Medical
Services Branch (MSB) Non-Insured Health Benefits (NTHB)
Program", have not been changed. The "Vision Care" and
' 'Payment Of Non-Insured Health Benefits Outside of Canada''
Directives also remain the same.
Changes have been made only to Directives 1/3,1/4 and
1/5, which are the "Medical Transportation'',' 'Dental Services"
a n d ' 'Drugs and Medical Supplies and Equipment'' Directives,
respectively.
No changes to the "Medical Transportation" Directive
have been published, however, Medical Services Branch no
longer uses Treasury Board travel rates. Costs used now are
actual costs, fixed costs or pre-negotiated costs.
The "Drugs and Medical Supplies and Equipment"
Directive has been changed by the deletion of the last bullet on
Page 2, paragraph 3(a), allowing tretinoin and retinoic acid
preparations to be covered under this Directive.
The most extensive changes have been made to the
"Dental Services'' Directive. Community members and Health
Coordinators would be well advised to contact their local Medical
Services Branch office for detailed reports on the new coverage
policies.
HEALTH (Continued on page 8)
SUMMER-
1996
7
UBCIC
NEWS
HEALTH (Continuedform page 7)
Letters:
The N.I.H.B. Pacific Region branch has drafted a regional
procedure to be used in conjunction with Interim Program
Directive No. 7 "Mental Health Services". This includes both
the criteria for the N.I.H.B. benefit (Crisis Intervention) and for
Building Healthy Communities (Crisis Management). These
procedures can be obtained from your local medical Services
Branch office.
In the U B C I C health bulletin dated July 5, 1996, it was
stated that "Certain Medical professions and Aboriginal
communities have not been notified of the new guidelines".
UBCIC was later told by the N.I.H.B. office that doctors' offices
receive updated lists of all of the procedures which are covered by
premiums for First Nations people. Health Care professionals
dealing with First Nations should request updated indexes of the
services covered by premiums in the N.I.H.B. program from:
Health Canada, Medical Services
Branch
Non-Insured
Health Benefits, Pacific
Region
Indian and Inuit Health Client
Services
Suite 3510, 757 West Hastings
Street
Vancouver,
B.C.
V6C1A1
Telephone: (604)
666-3331
Facsimile:
(604)
666-3200
The 20th Annual Elders
Gathering of B.C.
Sacred Heart
" C h u r c h of t h e F i r s t
Peoples"
Dear Friends:
The Directors and Finance Committee of Sacred Heart
CHURCH OF THE FIRST PEOPLES in Edmonton, Alberta
are launching a large campaign for donations to repair our
very much old church, which requires substantial work.
(Building is 82 years old)
In May of 1993, Archbishop Joseph N. MacNeil,
Archbishop of Edmonton, declared that Sacred Heart
CHURCH OF THE FIRST PEOPLES to be a national parish
for our Native-Metis people with all the rights, both spiritual
and temporal which other national parishes of the archdiocese
participate and enjoy.
As a point of interest, we are very proud that the
Healing Mass for Elijah Harper, MP, was held at our parish
and he recently stated to the Canadian Press that the prayers of
the people of our inner-city church and all aboriginal and nonaboriginal people across the land are credited to the recovery
of his health when he was plagued with a near fatal mystery
illness in the fall of 1994.
Your donations, whether large or small, will be greatly
appreciated towards the repair of this historic and cultural
church. Tax receipts will be provided upon request 10821-96
Street, NW, Edmonton, Alberta, T5H 2J8 Phone: (403) 4223052 Fax: (403)423-0176
Yours in Peace & Friendship
Sacred Heart CHURCH OF THE FIRST PEOPLES
Rev. James L. Holland, OMI
Pastor
DIRECTORS:
Submitted by Jennie Blankinship
T h e Gathering was hosted by the Saanich Nations
on Vancouver Island on August 6 to 8, 1996. Elders from
across B . C . and the neighboring states (USA) made the
conference a huge success. Discussions focused on:
Indigenous Rights, Health & Welfare, Suicide i n the
communities, Respect, Education, Traditions, Healing,
Environment, Treaty Making and Our Inherent Right to
self-determination. Recommendations were made to
encourage the involvement of elders in their communities
and organizations. "It is time to take action'' an elder
stated" and "Stand by your leaders." The conference was
very enjoyable. The Okanagan Nation will be hosting the
next conference i n Penticton i n 1997.
8
Elijah Harper, Member of Parliament
Audrey Ahenakew, Manager, Aboriginal Banking Canada,
Royal Bank of Canada
Edward Molstad, Queens Council Barrister & Solicitor
Constable Randy Wickins, Native Liason, Cultural Resources
Centre, Edmonton Police Services
Maggie Hodgson, Director-Nechi Institute
FINANCE COMMITTEE:
Flo Baker, Publisher First Nations Free Press,
Native Youth News
Linda Lee Jones, Secretary, Cross Cancer Institute
Leonard Gauthier, President Metis Business Association of
Edmonton
SUMMER
1996
UBCIC
NEWS
Education Update
Submitted by Jennie Blankinship
T h e 1996 World Indigenous Peoples Conference on
Education was held in Albuquerque New Mexico, June 17
to 22, 1996. The hosts were American Indians, Native
Alaskans and Native Hawaiians. Involvement of native
educators, tribal elders, students and leaders met to plan and
adopt themes of vision and purpose for our future.
Determining our own affairs and a right of all people to
acquire education of our own making were the main
themes. Presentations were held by working groups from
every province in Canada, United States, New Zealand,
Africa, Russia, Australia, Norway and Costa Rica.
Workshops focused on curriculum development,
traditional healing in communities, language development,
post-secondary education, Early childhood development,
teachers training, research, self-determination in education
and training, nutrition, aboriginal studies, and education
rights. Elder Nathan Spinks, Laurie Sterritt and I
facilitated the Institute of Indigenous Government
Workshop. The next conference will be held in Hilo,
Hawaii in the year 2000.
MYSTERY
PHOTO
Do You Know This Woman?
Institute of Indigenous Government partners
with First Nations Tribal
Justice Institute for justice studies program
Vancouver, B.C. June 20, 1996 — At a press
conference in North Vancouver today, two of the leading
indigenous institutions in British Columbia announces a new
partnership that will bring into existence an accredited postsecondary program in indigenous studies in September,
1996. The new one-year certified program in Indigenous
Justice Studies will be delivered jointly by the Institute of
Indigenous Government (TIG), located in Vancouver, and the
First Nations Tribal Justice Institute (FNTJI) in Mission,
B.C.
It is expected that most students will take the 30 credit
program at the FNTJI's new School of Indigenous
Peacemaking as part of a larger training program; required
courses will be delivered through the IIG's extension
program. Other students will be able to take the program in
Vancouver at the IIG campus in Gastown. The focus of the
new program is education and skill-training for the
development of indigenous justice systems.
SUMMER-1996
' 'This program is an important step on the road to
putting in place our own systems of justice to better
serve the needs of our people," said Chief Saul Terry, Chair
of the IIG Board of Governors and President of the Union of
B.C. Indian Chiefs. "The IIG welcomes this opportunity to
work with the First Nations Tribal Justice Institute in carrying
out our mission of empowering Indigenous Peoples through
education to exercise effectively their right of selfdetermination in their territories — in this case, their right of
self-determination in the field of indigenous justice. I know
that the need is great for this kind of program all across
Canada. I expect that it will be much in demand and I am
confident it will be a resounding success for our youth, our
communities and our nations."
Contact: Chief Saul Terry, (604) 684-0231
Mr. Jim Maloney, FNTJI, (604) 826-3691
9
UBCIC
NEWS
LEGAL UPDATE
Submitted by Mandell, Pinder
FISHING:
HUNTING:
Nikal v. The Queen; Lewis v. The Queen
Regina v. Seward, Thomas & Thomas
This was a hunting case, involving members of the
Penelakut Band, who were charged under the B.C. Wildlife
Act for hunting at night with a light, out of season, and
outside of reserve land. This case was heard at the Provincial
court level. The court affirmed that the hunters have an
aboriginal right to hunt, and that hunting rights extend
throughout their traditional territories, and beyond reserve
boundaries. The aboriginal right includes the right to hunt at
night, i f that is the preferred means of hunting. The court
also noted that the provisions of the Wildlife Act under which
the Defendants were charged denied the hunters their
preferred means of exercising that hunting right.
In the Seward case the Crown argued that the
members of the Penelakut Band should be forced to prove that
their peoples constituted an organized society at the time of
the assertion of British sovereignty. The Court criticized this
saying that it was "egregious and opportunistic," and not in
keeping with the Crown's obligation to take a trust like
approach as opposed to an adversarial approach in it's
dealings with Indian peoples.
In the Seward case the Crown presented evidence that
night hunting was unsafe and created conservation problems,
and stated that these reasons justified the interference with
aboriginal rights found in the Wildlife Act. The Court did not
accept this argument and pointed out that laws which impact
aboriginal rights have to take into account the legitimate
interests and rights of aboriginal peoples prior to the law
coming into place, and that the rights of aboriginal peoples
have to be taken seriously by the Government when making
new laws.
The Seward case is a very positive case in terms of its
affirmation of aboriginal hunting rights. However the Crown
is now appealing this decision.
In April, 1996, the Supreme Court of Canada issued its
reasons in these two fishing cases. These decisions deal
primarily with reserve based rights under the Indian Act.
Although a right of self-government (not confined to reserves)
was argued in Lewis, the Supreme Court did not address the
issue directly. The Court's analysis of aboriginal fishing
rights is very disappointing.
In these cases, it was argued on behalf of the Bands,
that:
1. a fishing bylaw made under the Indian Act applies
to the river adjacent to the reserve;
2. the licence requirement under Federal Fishery
Regulations is unconstitutional because it infringes
aboriginal rights, contrary to section 35 of the
Constitution Act, 1982.
The Court did not agree with the Bands. The Court said:
1. Under s.81 of the Indian Act, band councils may
make bylaws for "the preservation, protection and
management of...fish...on the reserve." The Court
concludes that " o n the reserve" means "within the
reserve" or "inside the reserve". The fishing bylaw
does not apply to rivers passing through the reserve
as the Court finds the rivers to be outside of the limits
of the reserves.
2.
The Court said that aboriginal people are
required to obtain licences and that a government
licensing scheme is not a violation of section 35. The
terms of a licence might be unconstitutional, as found
in Nikal, but the requirement of a licence was not:
"It is clear that the Federal Government may validly
require aboriginal people to obtain a fishing licence
pursuant to section 4(1) of the British Columbia
Fishery (General) Regulations."
In these cases, the Bands argued that they had
exclusive fishing rights. The Court found that the Indian
Reserve Commission had no authority to establish exclusive
fisheries or fishing rights. Non-exclusive fishing rights were
neither argued nor decided by the Court and will be advanced
in another case another day. With respect to aboriginal
fishing rights, D F O can require a licence. The Court also says
that the Crown is the manager but must take account of
aboriginal fishing rights. In this way, the Court has reduced
management rights. Aboriginal people have a right to
participate in management decisions; the federal government
is the management authority. The Court did not support
broad rights of self government and management authority in
relation to the fishery.
The Court has not yet issued its reasons i n the cases
involving the right to barter, trade or sell fish: we are still
awaiting the decisions in Van der Peet, NTC Smokehouse and
Gladstone.
10
TAXATION:
Union of New Brunswick Indians and Tomah v.
Minister of Finance
This was a case heard before the New Brunswick
Court of Appeal concerning the tax exemption found in
Section 87 of the Indian Act. The Union of New Brunswick
Indians asked the Court to decide whether or not the fact that
Indians have to pay Provincial Sales Tax on purchases of
goods intended for use on Indian reserve violated the tax
exemption found i n the Indian Act.
LEGAL UPDATE (Continued on page 11)
SUMMER
1996
UBCIC NEWS
LEGAL UPDATE (Continuedfrom page 10)
In New Brunswick the provincial sales tax applied to
all sales of goods to Indian peoples off-reserve. The Court
found that it is more important to look at where goods would
be used and kept rather than where they are purchased in
determining i f the transaction should be exempt from
provincial sales tax. And thus, where Indians are purchasing
goods which they intend to use and keep primarily on the
reserve, these purchases should not be subject to the
provincial sales tax. The Court found that the purpose of the
Section 87 taxation exemption is to permit Indians to use or
consume personal property on reserve without taxation.
The Court expressed the need to give full voice to the
tax exemption found in the Indian Act and noted that the
small size and location of reserves means that there are very
few department stores or other reasonably large stores on
reserves, and that in order to make most purchases of goods,
Indians are, in effect, forced to leave the reserve in order to
shop at the larger stores.
The Court also rejected the Government's argument
that in order to be tax exempt, goods should be delivered to
the reserve. The Court pointed out that forcing Indian
peoples to arrange for on-reserve delivery of goods imposes a
very strong burden on any Indian who wants to take
advantage of the right to be exempt from taxes by forcing
them to pay the costs of delivery, the court also recognized
that delivery is often not an option. In short, the Court found
that requiring on-reserve delivery of goods in order for the tax
exemption to apply, is not an effective means of recognizing
the rights contained within Section 87.
The Court, in the Union of New Brunswick Indians,
begins with the assumption that there is a significant tax
exemption for Indian peoples provided in the Indian Act,, and
then looked to the best means of giving effect to that
exemption.
It will be very difficult for any one collecting tax for
purchases off reserve, to determine whether the goods are
actually destined for use on the reserve. In all likelihood, this
case will increase the tax room for Indian peoples. In law, if
not in practice, this case should apply in British Columbia so
that all Indians who live on reserve and who are buying goods
which they intend to use and keep primarily on reserve should
not be subject to provincial sales tax regardless of where they
purchased goods.
Canadian Pacific Limited v. Matsqui Indian Band
and Matsqui Band Council and Others
This was a case in which the Canadian National
Railway ("CN") and Canadian Pacific ("CP") challenged
the rights of Indian Bands to tax railway right of ways which
run across reserve land, pursuant to Band taxation bylaws.
The railways argued that the Bands do not have a right to tax
the right of way lands running through reserves because the
right of way lands were not part of the "reserve" and
therefore not subject to Band bylaws.
SUMMER
1996
The Federal Court Trial Division agreed with the
railways and found that the right of way lands which run
through the Bands' reserves do not form part of the reserve
lands, but rather, that the railway companies own these lands
outright. The Court found that the Bands' entire interests in the
right of way land, was lost when the railways obtained the lands
for railway purposes from the Government of Canada. The
Bands have appealed this decision and will argue at the Federal
Court of Appeal that the railway companies did not obtain legal
title to the lands, instead they only received a limited interest
which allows them to use the land for railway purposes only.
On another point, the Court also found that the Bands'
taxation bylaws were discriminatory in that they tax different
groups of people in a different manner. In particular, Band
members who own property on reserve are not subject to
taxation, while non-Band members (mainly, non-Indians) who
hold an interest in reserve lands are taxable under the Bands'
taxation bylaws. The Bands will appeal this ruling largely
based on the fact that Indians are exempt from taxation on
personal property which they hold on reserve land under
Section 87 of the Indian Act.
Overall, this case is a very negative decision in terms of
aboriginal rights as it holds that a majority ofrightof way
interests held by utilities such as CN and CP through reserve
lands, no longer form part of those reserve lands. The decision
is currently on appeal to the Federal Court of Appeal.
UNION OF B.C. INDIAN CHIEFS
You are Cordially Invited...
28th Annual General Assembly
October 23, 24, 25, 1996
Saanich, B.C.
For more information contact Mildred Poplar at our
Vancouver office at (604) 684-0231.
11
UBCIC
NEWS
COMMUNITY
P R O T E S T STOPS
LOG EXPORTS
Thursday August 1, 1996, Masset Haida Gwaii —
Today, in a community-based action, the Haida placed
themselves in front of the largest log barge in the world,
which is owned, by MacMillan Bloedel. Eight Haidas
paddled a cedar canoe out into the inlet front of the Haida
Village of Old Masset. Some villagers accompanied the
canoe in small boats; others stood along the shore, drumming
the 'Paddle' song. The Haida Brave was brought to a
standstill in the inlet and the plunder of Haida land was
stopped, if only temporarily.
DEATH OF
LEON SHENANDOAH
THE ATOTARHO
OF THE SIX NATIONS
IROQUOIS
CONFEDERACY
OF NORTH AMERICA
Kahnawake M.T. 23 July, 1996 - The Atotarho, the
firekeeper of the Six Nations Iroquois Confederacy, is
considered the chiefs of chiefs. The Confederacy consists of the
Mohawks, Onondagas, Cayugas, Oneidas, Senecas and
Tuscaroras. Leon Shenandoah, 81 years of age, was chosen in
The Haida Brave and Haida Monarch the 1969 and held the position for 28 years. He passed away on
Monday July 22nd at 7:20 a.m.
largest self-loading log barges in the world
The Great Law of Peace, the constitution of the
hold about 1200 cubic meters of logs which
is
Confederacy
states: "The Chiefs of the Six Nations Iroquois
the equivalent of400full logging trucks. Confederacy shall be mentors of the people for all time. The
thickness of their skin shall be seven spans thick, their hearts
shall be full of peace and goodwill, and their minds filled with
The Haida people have endured poverty for
yearning
for the people of the Confederacy. With endless
generations while millions of dollars worth of Haida timber
patience they shall carry out their duty and all their words and
has been stolen by large forest companies such as MacMillan
Bloedel. As it is there are only 5-10 years left of old growth
actions shall be marked by calm deliberation". This is the true
forests.
spirit of North America - equality, democracy, honour and
The only contribution MacMillan Bloedel has made to
respect for the power of the people. It is the duty of the chiefs
the people of Old Masset was a $15.00 donation toward the
of the Confederacy to act as teachers and spiritual guides of
building of their community centre.
their people. The Confederacy at this time must continue to be
The Haida people responded to watching barges of
their resources continually going out the inlet with a
vigilant in protecting all Indigenous people in North America.
physical blockade today. The belief motivating the
The Atotarho is survived by his wife, children, many
community action is that the land question must be addressed
grandchildren and great grandchildren.
and interim measures must be put in place to stop the
wholesale logging of the Haida's salmon-bearing river valleys
and the destruction of the last of the old growth cedar vital to
NATIVE PROGRAMS DEPARTMENT
the continuation of Haida survival.
In the face of the Haida people's protest, the
LEGAL SERVICE SOCIETY OF
MacMillan Bloedel barge has dropped anchor. The Haida
BRITISH COLUMBIA
ceremonial canoe is now moving up the inlet towards the
MacBlo barge.
CHANGES OF TELEPHONE/FAX NUMBERS
For more information contact:
Sharleen White Davidson (604) 626-3985.
Please note that as July 1996 the telephone numbers for
the staff of the Native Programs Department of Legal Services
Society has been changed as follows:
Congratulations
to Mavis Erickson
Penny J. Desjarlais, Director
601-6005
Cheryl Rubuliak, Research and Program Coordinator
Assistant to the Director
601-6006
Mavis received her Masters of Law degree from
Harry Neumann, Community Development
HARVARD UNIVERSITY on June 12, 1996.
Fieldworker
601-6040
She isfrom the Carrier Nation at Fort. St. James and
Kent Patenaude PLE, Publications Fieldworker 601-6039
is thefirstCanadian Aboriginal woman accepted to
Frances Auckland, Department Secretary
the Master of Law Program at Harvard.
Assistant to the Fieldworkers
601-6036
Native Programs Fax number
682-0787
12
SUMMER 1996
LEGISLATIVE COMMITTEE TO RECEIVE INPUT
ON NISGA'A AGREEMENT
For Immediate Release
August 9, 1996, Victoria, B.C. - The Select Standing Committee on Aboriginal Affairs, an all-party committee
of the Legislative Assembly, has been appointed to study the impact of the Agreement-in-Principle signed last February between
the provincial government, federal government and Nisga'a Nation.
The Minister of Aboriginal Affairs, the Honourable
after the legislature adjourns. Public hearings that are
John Cashore, introduced a motion calling for the committee
held will be advertised in the communities that the
committee visits. The committee will meet on August 14,
to examine and make recommendations on the application of
1996 in the Parliament Buildings to begin the task of
key issues arising out of the agreement to treaty negotiations
preparing for its inquiry.
throughout British Columbia; and further, to aid in
determining how progress can be made towards treaty
Members of the committee are:
settlements with aboriginal people which are beneficial to all
British Columbians.
The committee is empowered to visit communities in
Mr. Ian Waddel, MLA (NDP - Vancouver-Fraserview) the province and to provide opportunities for all interested
Convener
parties to express their views on these matters. The Convener
Mr. Harry Lali, MLA (NDP - Yale-Lillooet)
of the committee, Mr. Ian Waddell (MLA)- VancouverMr. Tim Stevenson, MLA (NDP - Vancouver Burrard)
Fraserview), welcomed the opportunity for public dialogue. "
Mr. Glenn Robertson, M L A (NDP - North Island)
look forward to working together with all members of the
Mr. Bill Goodacre, MLA (NDP - Bulkley Valley-Stikine)
committee. Our job is to ensure full and fair hearings on these
Ms. Erda Walsh, MLA (NDP - Kootenay)
matters and to listen to all British Columbians."
Ms. Cathy McGregor, M L A (NDP - Kamloops)
The committee's work will begin in earnest in the fall,
Union of B . C . Indian Chiefs
Workshop
D E P A R T M E N T OF I N D I A N
A F F A I R S RECORDS
"RG 10"
Union of B.C Indian Chiefs Research will once
again be holding a three day workshop on this topic from
Monday October 7th to Wednesday October 9th. The
Department of Indian Affairs made many changes to its
filing systems and agencies over the years, so this is a
complex record group ( " R G ' ' ) to navigate. This overview
session is an excellent orientation for new and beginning
researchers in the field of land rights. Class size will be
limited, so book your place now (See the insert for more
details).
For more information contact Leigh Ogston at the
Union of B.C. Indian Chiefs Vancouver office. Telephone:
1-604-684-0231 or e-mail: [email protected]
SUMMER- 1996
VANCOUVER ABORIGINAL
FRIENDSHIP CENTRE SOCIETY
Books "Needed For Children
In Family Centre
August 15, 1996We are in the planning process of
opening a Children's Development Centre and need
books for this Centre. We are in need of a donation of
Books for these Children and parents, either hard-cover
or soft cover is fine.
Thank you kindly for any assistance you can
give for children in need.
Please send donations to:
VANCOUVER ABORIGINAL
FRIENDSHIP CENTRE
SOCIETY
1607 East Hastings Street
Vancouver, B.C.
V5L 1S7
13
UBCIC
NEWS
Provincial A b o r i g i n a l Huntings P o l i c y
A s Summarized by Shauna-Leigh Maloney
Provincial Aboriginal hunting policies have become increasingly restrictive. New policy guidelines have twic
released since 1992, with ambiguity as to whether one supersedes another. The results ofsuch confusing policies is
seizure of aboriginal hunters and their game, many of whom were following Provincial guidelines to the best of the
conservation or other substantial objection of game.
Consultation:
tives such as public health and safety.
To hastily accept such a definition
Findings from the Sparrow
of Aboriginal Rights would mean
The province asserts in its Draft DiscusRulings stated that the Government is
denying First Nations in urbanized
sion Paper that there are no known
required to first consult with the
territories the right to hunt. First
Aboriginal Rights to harvest wildlife for
Aboriginal people before proceeding to
Nations must insist that the Crown live
commercial purposes.
put in place restrictions which would
up to its fiduciary obligation which
The Province's own definition of
interfere with the exercise of AborigiAboriginal rights as those
nal Rights. The Ministry
practices integral to and definof Environment, Lands and
Provincial Aboriginal Hunting Policies
ing an Aboriginal society as at
Parks(MELP) has gotten
are restricting Your Rights!
and before 1846, should prove
around this ruling by
that hunting for economic
Dear Friends,
introducing two sets of
reasons is an Aboriginal Right.
The Provincial Government is about to pass permanent
Interim Guidelines, one in
legislation regarding Aboriginal Hunting Rights. The following A culture is often defined by its
1992 and the second in
economic practices, and First
is a summary of the Province's past and present positions on
1993. Although the MELP
important issues such as the Rights of individuals and Nations to Nations have always used meat
Interim Guidelines recogand furs as currency, trading
Hunt within and outside of their own territories. The Province
nize the need for consultathem for goods, services and
is entering into discussions with a select group of communities
tion with First Nations,
to determine a Province-wide Aboriginal Hunting Rights policy, general economic gain. Hunting
MELP did not engage in
has always been an integral part
and has produced a Draft Discussion Paper outlining their
consultative processes with
of the First Nations economy.
position.
all of the effected First
The Province has left
Don't let the Province extinguish The Inherent AborigiNations. Consultation will
unclear its policy on the comnal Rights of you and your Nation! The Union of B.C. Indian
occur, apparently, before
mercial sale of game by-prodthe development of perma- Chiefs urge every B.C. First Nation to speak out about Provinucts. Much of the hide, bone
cial policy before legislation can be passed (talks are scheduled
nent Guidelines.
and antler of an animal caught
to conclude by the end of August).
Tradition:
for meat can be (and was always
Yours Truly,
The current position
traditionally) used to make
of the Province is that
UNION OF B.C. INDIAN CHIEFS
clothing, jewellery and tradiAboriginal Rights to
Chief Saul Terry, President
tional tools. These traditional
harvest wildlife exist where
c.c. Honorable John Cashore, Min. Aboriginal Affairs
First Nations products sell on a
a First Nation has a history
wide market today, providing
of carrying out an activity
livelihoods for many Aboriginal artists
in a specific location long enough prior
requires, where resources are no longer
and artisans. If the province were to
to 1846 to make that activity integral to
available in the Aboriginal hunter's own
prohibit the sale of by-products from
the distinctive culture of that society.
territory as a result of Crown authorized
sustenance game, the Traditional Art
To restrict Aboriginal Hunting rights to
settlement and development activities,
industry would be compromised. Tradithe way they were practiced in 1846 is,
that access be provided to wildlife
tional arts promote cultural awareness
essentially, to eliminate any viable way
resources on unoccupied Crown land
and economic growth in and outside of
to hunt in the 1990s. Environmental
elsewhere in the Province. Courtesy and
First Nations communities. Hampering
damage and urban development since
tradition would require that the hunter
this industry puts a lid on an important
1846 have caused a significant decline
first obtain permission from the First
part of the First Nations, and indeed
in wildlife population. Remaining
Nation in whose territory the hunting
Canadian, cultural identity.
animals have had to migrate away from
will occur.
Sharing:
the territories in which they were
Sustenance:
hunted since time immemorial to make
In January of 1992, a memoranFirst Nations, under Provincial
way for skyrises and suburbs. The
dum from the MELP Assistant Deputy
policy, may practice their Aboriginal
modern First Nations hunter must
Minister for Regional Operations and
Hunting Rights and harvest wildlife for
therefore commute to where the game
Enforcement stated:
sustenance, spiritual and ceremonial
is and, once there, cover more ground
purposes without a license, at any time of
in order to find such a sparse populayear. These rights are subject only to
(Continued on Page 17)
14
SUMMER
1996
UBCIC
NEWS
MAP OF THE SOVEREIGN INDIGENOUS NATIONS
TERRITORIAL BOUNDARIES: JUNE, 1993
The Union of B.C. Indian Chiefs' map of the Sovereign Indigenous Nations Territorial Boundaries is the only contemporary
map that accurately shows the traditional tribal territories of the 23 Indian Nations in British Columbia. The six colour map measures
28" x 36".
The tribal territories are the homelands of distinct Nations, within which their respective peoples share a common language,
culture and traditional forms of political and social organization. These homelands have been occupied by the Indian Nations since
time immemorial. Up to the present, the Indian Nations in British Columbia have never surrendered their ownership oftheir homelands
(aboriginal title), nor have they surrendered their original sovereignty as nations to govern their homelands (inherent jurisdiction).
Information on the territorial boundaries was compiled by the Union's research portfolio and President's office between July,
1990 and April, 1993 from archival research and information provided by elders, chiefs, and tribal councils. Chief Saul Terry, President
of the Union and a graduate of the Vancouver College of Art (now the Emily Carr College of Art and Design), prepared the working
drafts for the map.
Design and cartography for the June, 1993 map was done by David Sami, chief cartographer of Multi Mapping Ltd. in
Vancouver, B.C., using a 1:2,000,000 scale base-map from the Surveys and Environment Branch of the British Columbia Ministry
ofEnvironment, Lands and Parks. All territorial boundaries shown on the map are subject to further revision, as additional information
becomes available. Contact the Union of B.C. Indian Chiefs at (604) 684-0231 for ordering information.
28" x 36" / Scale: 1:2 000 000 / Six Colours
SUMMER- 1996
15
UBCIC
NEWS
STEWART PHILLIP INTERVIEWANOTHER EXAMPLE OF LIVING PROOF
SUBMITTED B Y PENTICTON INDIAN BAND
It was winter, J994, the Penticton Indian Band decided to erect check points (road blocks) on Green
Mountain Road to reinforce their demandfor an environmental assessment of a proposed massive ski resort/real
estate development within the watersheds of their traditional territories. Stewart Phillip, Councillor for the Penticton
Indian Band worked 22 hour days maintaining order at the barriers. Coming in from the cold, he took his shoes off
and noticed that his feet were swollen. Pushing his finger into his foot, it left a depression (edema). Stewart's wife
Joan had been working for Shoal Lake, an Aboriginal community in Ontario. Stewart called Joan, who then flew
back home to Penticton.
cancer of the liver, with three tumors
"I'd never been to a doctor in my
effects of the drugs and the surgery,
growing there. "We were told that
life; I didn't even have a regular GP.
Stewart said "It took me about two days
cancer might stop a transplant (from
The doctor noticed the liver spots on my
after the operation before I knew I'd had
taking place). If they sent me home
chest, and referred me to a
the transplant."
gastrointestinal physician who said
Stewart is the father of two girls
it was either cancer or cirrhosis."
and four sons aged 17-26. "The
"... I believe my coping began
The tests and diagnosis revealed
oldest daughter (Carey) is in Japan
severely advanced cirrhosis with
right now. She wasn't going to go.
with accepting the fact that I
the possibility of cancer (visible
She had graduated from U.Vic, and
was terminally ill.."
liver nodules/tumors). Stewart's
had a teaching contract over there.
symptoms included severe fatigue,
She was going to cancel the whole
fever, chills, diarrhea, loss of appetite
(without a transplant) they'd give me a
thing. I got bounced out on the eighth
and weight. He was "so ill I didn't
year to live. We had to live with that
day. Both my daughters and all my
know what was going on. I just wasted
fear from the very beginning."
sons visited me. It was a tremendous
away, so sick I didn't want to live."
relief throughout the family and the
The doctors wouldn't know if the
community, not to mention myself."
"The other thing that was
transplant was possible until they
bothersome for me is it was spring, and
examined the condition of his liver
When asked how he coped with
warm. I was wearing two sweaters,
during surgery. They didn't know if the
his illness, especially the emotional and
long Johns and sweats." After
cancer had spread beyond the liver. "We
mental turmoil that strikes every person
seeing a naturopath in Peachland,
got the call (from Lynn Mori, Transplant
waiting for a transplant, Stewart
Stewart went through fasting and
Coordinator for livers) at 10 to 10:00
answered:
detoxification, and started to feel a little
p.m. The Medivac came at midnight.
"I believe my coping began with
better.
There were five patients aboard. There
accepting the fact that I was terminally
He was and still is Economic
was no room for Joan. It was a lonely
ill. I had to accept the fact that, for the
Development Officer and an elected
flight because she had been right by my
first time in my life I had to get off my
Band Councillor for the Penticton
side the whole time."
high horse, and accept the fact that I
Indian Band here in B.C. Stewart's
Joan drove to Vancouver with
needed help to defeat the life-threatenoffice was four blocks from home, but
Stewart's sons, two sisters and brothering cirrhosis and cancer that had almost
being too ill even to walk that distance,
in-law that night. He didn't know if
succeeded in destroying my liver. I
he worked from home, not having the
she'd be there by the time he went into
found I had to unconditionally place my
strength to change out of his bathrobe.
the operating room. Fortunately, Joan
life in the hands of the doctors and the
made
it
to
the
hospital
before
Stewart
health care personnel of the transplant
The doctor in Penticton
went
into
the
OR.
Once
again,
the
program.
referred Stewart to Dr. Anderson, a
surgical transplant team reminded the
liver specialist in Vancouver. He was
I also had to realize and accept
Phillips' that if the cancer had spread
then referred to the transplant program
the fact that my terminal condition fully
beyond the liver, they would be forced to
at the B.C. Transplant Society. "We
affected every member of my family, as
simply close Stewart up and send him
felt really good about it. My condition
well as myself. I had to be sensitive to
home.
was being taken seriously; something
their fears and feelings, as well as my
was being done. For the first time, we
own. I had to be willing to share my
Knowing that he might awaken
had hope something would happen."
thoughts, fears and feelings with every
from the operation without a new liver,
Stewart's illness was caused by
Stewart went into surgery. Due to the
(Continued on Next Page)
16
SUMMER
1996
UBCIC
NEWS
STEWART PHILLIP INTERVIEW (Continuedfrompage 16)
member of my family. In addition, I had
to accept their support. Under these
difficult circumstances, I had to learn to
accept and return their love.
Finally, I had to accept the
Creator into my life. I found that I had
to unconditionally surrender my will to
the Creator, and place my life and
welfare in His hands. Without question,
my transplant experience taught me the
power of prayer and the need to pray.
I shall be eternally grateful for
the many things I learned and came to
understand as a result of my illness and
subsequent liver transplant."
Stewart explains the biggest
change he has noticed since his transplant; "Physically, the first thing I
noticed was the increase in my energy
levels. For the first time in many, many
years I am able to undertake a full day of
activity without feeling totally 'baggedout'. Prior to my transplant, I spent the
entire day on our sofa, in the horizontal
position, in my bathrobe. I never really
got up.
Also, for the first time in over a
year I am able to eat! As a matter of
fact, I spend a great deal of my time
either eating or thinking about eating.
Needless to say, I am ecstatic about the
fact that I am quicklyregainingall the
weight that I lost during the final stage of
my illness.
Emotionally, I immediately
noticed a tremendous sense of relief and
inner peace due to the fact that I and my
family are no longer sharing the path
with the 'Grim Reaper'. Mentally, I have
noticed a greater clarity of mind.
I and my family have a much
deeper, more meaningful and more
reverent relationship with our Creator.
Without question, the many, many
prayers that were offered with respect to
my recovery played the most central role
in my successful transplant operation and
subsequent recovery."
In his spare time, Stewart enjoys
"public speaking and political activism
for the purpose of organizing for social
change." He also likes spending his
healthy days hunting, fishing and camping.
Here is Stewart's advice for the
hundreds of Canadians awaiting a
transplant:
"Accept the fact that you have a
terminal illness. Accept the tact that you
shall need a great deal of help and
support to overcome your illness. Get
off your high horse and accept the love,
support and compassion that will be
offered by members of your family, as
well as your friends. Do not shut them
out. Openly share your fears, doubts
and feelings with your support group.
Listen to their fears and feelings.
Remember, this traumatic experience is
also happening to them as well as
yourself. Tears have a legitimate place
in the healing process. Do not be
afraid to cry.
Develop an unshakable sense of
faith in the doctors and health care
professionals who have undertaken
your case. They know what they are
doing. Listen to them, and follow their
direction and advice.
Pray. Reconnect yourself with
your Creator. Have faith.
To all those people who are
currently awaiting a transplant, Joan
and I offer our prayers of support to
each one of you. We offer our prayers
of support to each member of your
family. May the Creator give you
strength, courage and comfort. Praise
the Lord!"
H U N T I N G (ContinuedfromPage 15)
presented by the Province states that
"Native persons wishing to hunt
"The 'shared' harvesting will not
in the traditional areas of bands other
be
recognized
as an Aboriginal Right of
than their own should be advised to
the
host
First
Nation, or the First
consult with that band prior to hunting."
This memorandum recognizes
aboriginal hunting as not restricted to
the hunter's First Nation's Traditional
Territory, subject to consultation with
the other First Nation. The 1992
memorandum also addresses Aboriginal
Hunting Rights as belonging to an
Individual, and the fact that a host First
Nation may choose to share their
hunting resources with other individuals
without negotiating hunting contracts
between entire Nations. These 1992
policy guidelines have never been
explicitly revoked, although the 1993
Interim Guidelines restrict Aboriginal
Hunting to a person's traditional territory. No consultation was made with
First Nations before the Interim Guidelines were implemented.
A recent Draft Discussion Paper
SUMMER-
1996
Nation that shares the harvest Under this
scenario,
agreements would have to
be negotiated with regional Ministry staff
on a First Nation by First Nation basis."
The right to share harvesting is an
indisputable Aboriginal Right practiced
since the dawn of time between Aboriginal families, Tribes and Nations! Provincial policies make it inconvenient, i f not
impossible to negotiate a Shared Harvesting Agreement between Nations or for
individuals.
As said above, the Crown has a
fiduciary obligation which requires,
where resources are no longer available
in an Aboriginal hunter's own territory,
that access be provided to wildlife
resources elsewhere within the Province.
The Provincial Courts disagree. A letter
dated November 7, 1995 from J. Corbett,
Acting Regional Environment Manager
in Kamloops, to Chief Victor York of the
Lower Nicola Indian Band states (contrary to the 1992 Interim Guidelines and
interpreting the 1993 guidelines) as
follows:
"It is the interpretation of the
courts that First Nations People may not
hunt/fish in another Nation's Traditional Territory even with permission.
This only applies to hunting or fishing
for sustenance which is outside of the
regular hunting/fishing season and
regulations."
Such an interpretation of Aboriginal Rights veritably denies First Nations
in urbanized areas the right to hunt or
fish. It also ignores the right of First
Nations to share their resources with
other Nations and individuals. The
Province has even less Jurisdiction than
the Federal Government has to define
what constitutes as such a Fundamental
Aboriginal Right.
17
UBCIC
NEWS
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SUMMER
1996
UBCIC NEWS
Union of B.C. Indian Chiefs
NEWSLETTER
STEWART PHILLIP
RECOVERY FUND
Sees
Band Councillor Stewart Phillip
served as the controversial spokesman
for the Penticton Indian Band. Stewart
articulated the Bands positions and put a
face to the PIB's many battles with the
Provincial and federal governments.
Stewart Phillip's long-standing
battle to defeat the cancer growing in his
liver came to a climax late Tuesday, June
18, 1996 when health care officials of the
solid organ transplant program of the
Vancouver General Hospital phoned to
inform his family that a suitable donor
had been identified. Stewart was
immediately flown to VGH on an
emergency medevac flight. We are
gratefully relieved and pleased to report
that Stewart survived the 10 hour liver
transplant operation which took place on
Wednesday, June 19, 1996. Further, we
are delighted to inform you that his
prognosis for recovery is extremely
promising. In fact, Stewart's rate of
recovery has been described as "nothing
short of miraculous" by his physicians.
Prior to the transplant operation,
Stewart's doctors described his condition
as terminal and gave him one year to
live.
The rigorous post-operative out-
patient treatment program demands that
Joan and Stewart Phillip reside in
Vancouver for a minimum of three
months due to the fact that this repre-
sents a delicate timeframe whereby many
transplant patients suffer "rejection
episodes”. Therefore, patients must live
in close proximity to the outpatient
Continued on Page 3
SUMMER 1996
VAN DER PEET vs REGINA
SUPREME COURT OF CANADA DECISION
August 2], 1996 -- Statement from Chief Steven Point, ig
Chiefs’ Representative on behalf of the Sto:lo Chiefs and the
Appellant Dorothy Marie Van Der Peet.
Thank you for joining us here
this morning. As you know, the case of
Van Der Peet was dismissed today at
the Supreme Court of Canada because
she did not provide the evidence to
satisfy the new test pronounced.
The decision advances the
struggle to have our rights
recognized legally and politically. It
is another step towards proper
recognition of our aboriginal rights.
Today the Supreme Court of Canada
rejected the legal analysis used by the
B.C. Court of Appeal. The Supreme
Court of Canada has left the door
open to declare the
commercial component to the
aboriginal fishing right.
The Supreme Court of Canada
has developed a new test that was not
before the Courts when we began this
case nearly ten years ago. The test
which we all need to meet has now
been delineated. The economy of the
Sto:lo’s fishery was an integral part of
the distinctive Sto:lo culture. This is
the test that the Supreme Court of
Canada has now told us we must meet.
We can meet this test and so can most
First Nations and the Minister of
Fisheries and Oceans, the Honourable
Fred Mifflin knows that.
In 1994 the B.C Court of Appeal
decided that there was no commercial
aspect to our aboriginal right. The
Supreme Court of Canada clearly
rejected that analysis. The highest
court in Canada has now said that it is
possible to have an aboriginal right to
the fishery that includes a f¥, -
commercial component. ” “
What that economic >
component will be has
been left open for either
negotiations or failing negotiations,
another court case. The Sto:lo are
prepared to do either.
This is a clear signal to the
Government of Canada that negotiations
must occur with the Sto:lo in a manner
that fully respects our rights in the
fishery. Those rights were not frozen in
time or lost upon the arrival of
Europeans. The 8.C.C. clearly states
that aboriginal rights continue into the
future. The Sto:lo will continue the fight
to have our rights recognized.
2. President's Message
3. UBCIC Education Conference
4. Proposed Indian Act Changes
5. Irwin Re-Extinguishment
6. UBCIC Health Update
9. Institute of Indigenous Government
10. Mandell, Pinder Legal Update
13. Ab.Affairs Legislative Committee
14. Prov. Aboriginal Hunting Policy
16. Stewart Phillip Interview
SUMMER- 1996
UBCIC NEWS
Message From the President
July 29/96 Letter to
Minister of Indian and Northern Affairs
Dear Mr. Minister:
T know that you are a very busy member of Parliament and cabinet so I shall make my words brief.
In late 1994 efforts were made to organize regularized meetings between your office and the office of the Union
of B.C. Indian Chiefs. Nation Representatives of Chiefs Council were very optimistic at that time. Optimistic to the point
that our nation representatives traveled to Ottawa to kindle that hope. The chasm between us seems to have widened. Rather
than having a relationship flourish with bridges from ‘‘results-oriented’’ discussion, neglect has taken its toll.
For example:
> the Minister - Chiefs
Council meetings which were to have
occurred four times annually has never
come about.
> Policy issues in education,
social services, health and other programs
continue to be
covered the issues falling under inherent
self-government which may have
included the dismantling of Indian and
Northern Affairs.
I would surmise that you and
your government have your particular
reasons for not following through with
a relationship
development with the
_ troublesome. We
had hoped to
address _ these
matters through
the Program
Assessment and
Review process you
had initiated. I had
Union of B.C. Indian
Chiefs.
Your statement
reported by the media
that as long as Indians
have problems then
your department is
devising policy that is
further hopes that
your department would have found new
money to participate with us in the
development of the Institute of Indigenous
Government. Its growth is demonstrated
through the extension programs we have
negotiated at Tsartlip and Mission. Three
other arrangements are under discussion.
> We need toexplore further
the two stage ‘‘umbrella’’
Comprehensive Framework Treaty
process we had tabled with the federal
government on July 30, 1990. Within
this process discussions could have
good for the federal government. It
continues a legacy for despondence.
To paraphrase the late Grand Chief
Philip Paul’s words; ‘we make many
efforts to compromise our politics
without compromising our principles’,
however our efforts to date have mainly
been made for naught.
Positive changes which are in
the interest of our Peoples must be
sought, therefore, I would recommend
that we make immediate arrangements
to meet and discuss the agenda items
outlined above. They remain relevant
in our future.
Sincerely,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry,
President
Office of the
Minister Responds:
August 14, 1996
Dear Chief Terry:
On behalf of the Honourable
Ronald A. Irwin, Minister of Indian
Affairs and Northern Development, I
wish to acknowledge receipt of your
letter dated July 29, 1996, requesting
a meeting with the Minister to
discuss various issues.
Regrettably, the Minister will
not be available to accommodate
such a meeting at this time, as his
schedule is fully booked with prior
commitments. However, perhaps a
meeting could be arranged on a
future trip to British Columbia. I
will contact your office, should this
opportunity arise.
Sincerely,
Lorraine Champigny
Acting Scheduling Assistant
Footnote:
August 22, 1996 — Minister
Irwin is confirmed to address the
“Aboriginal Law In Canada Confer-
ence” in Vancouver at 8:45 am on
September 27, 1996 at the Sandman
Inn. His office has not contacted the
UBCIC to arrange a meeting with the
Chiefs Council.
SUMMER 1996
Chiefs, Council, Elders, Educators,
Co-ordinators, Students
By Jennie Blankinship,
UBCIC Education Coordinator
A resolution was passed on June 11 & 12, 1996 at the UBCIC Chief's Council
Meeting to host an “‘Education Conference’’ to address critical issues pertaining to
Indian education on and off reserve,
"EDUCATION: AN INHERENT
RIGHT PERSPECTIVE"
e
Union of BC Indian Chiefs
Education Conference
September 18 & 19, 1996
Chief Louis Centre
Kamloops Indian Band School
John Watson, from DIA stated that
there is an increase in Aboriginal services!
That the nominal roll reviews will reflect
increases to K-12 education! He claims
that they are accountable to the Attorney
General and the Auditor General for
dollars spent! Evidence shows that there
is cutbacks of our funding dollars for band
schools, administration, travel, tuition,
living allowances, special needs,
curriculum development, health, etc. We
know all too well that there is a 2-3 year
waiting list for post-secondary education.
Education funds should reflect our
increasing population. It’s towards the
Indian people that DIA is accountable to!
The government has a fiduciary
responsibility to provide education to all
Indian people.
Topics focused on at this conference
will include jurisdiction, management,
quality and resourcing of education.
Everyone is encouraged to participate.
Assert your “‘Inherent Right to
Education.’’ Participation of elders,
leaders, teachers, educators, parents,
families and students is strongly
recommended.
Confirmation of attendance is
requested by September 1, 1996.
Registration is free of charge. Phone
Jennie Biankinship at 1-604-684-0231 or
fax 1-604-684-5726. The UBCIC is not
responsibie for travel or accommodation
expenses, participants are to make own
travel and accommodation arrangements.
Lunch will be availableat ‘‘Laura’s
Kitchen”’ at $5.00 per person.
The UBCIC Chief's Council
Meeting will be held on Tuesday,
September 17, 1996, at the Kamloops
Indian School, Chief Louis Centre.
UBCIC NEWS
"Stewart Phillip Recovery Fund"
Contimed from Page !
episodes", Therefore, patients must live
in close proximity to the outpatient
treatment clinic and the emergency ward
of Vancouver General Hospital.
Needless to say, this will place a
heavy burden and strain on their some-
what limited financial resources due to
the fact they shall be forced to meet the
expenses which shall be generated by
maintaining two residences. They are
also faced with the prospect of buying
medical supplies and equipment to
monitor and maintain his condition
during this post-operative period.
Therefore, we are appealing to
your generosity by asking for your
financial support to assist Joan and
Stewart Phillip through these difficult
and worrisome times.
Please make donation
cheque payable to:
"Stewart Phillip
Recovery Fund"
Att: Greg Gabriel,
Administrator
c/o PENTICTON INDIAN
BAND
R.R.#2, Site 80, Comp. 19
Penticton, B.C.
V2A 6)7
All contributions shall be
greatly appreciated.
SUMMER- 1996
UBCIC NEWS
Proposed Changes to the Indian Act
Letter to Ron Irwin, Minister of Indian and Northern Affairs
i "..dhe real issue is not
revision of the Indian Act
butrecognition of the rights
that have been denied to us since
confederation and to enact
constitutional legislation to
guarantee these rights”’
A Declaration of Indian Rights
The B.C. Indian Position Paper
November 17, 1970
Union of B.C. Indian Chiefs
These changes reduce the scope
of Canada’s fiduciary responsibilities
by off-loading these obligations to
individual bands in the guise of
self-government. Many of the
responsibilities of the federal
government are currently being off-
loaded to First Nation bands and
communities on a program-by-
program basis, with no guarantee that
these programs will be continued or
that these programs will be funded at
an adequate level in the future.
These changes do not recognize
or respect the inherent right of self
determination of Indigenous Peoples,
rather these changes represent a move
towards self-administration in which
individual communities and bands
administer the federal government’s
programs and policies at a local level.
While some of the proposed
changes may seem minor to your
government, we have leamed long ago
that even seemingly insignificant
changes to the Indian Act have the
potential to reverberate loudly within
First Nation communities. For
example, where minor clauses of the
Indian Act are repealed, this creates a
vacancy in which provincial law may
become applicable, resulting in a
patchwork of different laws for First
(November 2, 1995)
# am writing this letter in response to the changes to the Indian Act
that your department is currently proposing. You have stated that ‘‘none of the
potential amendments affects aboriginal or treaty rights or alters the
government's fundamental fiduciary relationship with First Nations.’’ It is
clear to the Union of B.C. Indian Chiefs that the proposed changes
will fundamentally alter the fiduciary trust relationship between Canada and
First Nations, and will minimize and mitigate the fiduciary obligations
owed to First Nation Peoples by the government of Canada.
Nations across the country.
In your letter of September
1, 1995 (which was received by our
office on October 3, 1995) you stated
your belief that there is a level of
positive support for the changes that
your department is proposing. We
feel that you have been
misinformed. A total of 61 individual
responses does not equal a positive
mandate of support of your proposed
changes. We are deeply
uncomfortable with the lack of
openness in the process through which
your departments has proceeded.
Which communities and Nations
have shown support for these
changes? What is the exact nature of
this support? The Union of B.C.
Indian Chiefs calls upon your
department to make these letters,
including the names of the senders,
openly available to all First Nations
organizations in this country.
The response that the Union of
B.C. Indian Chiefs has received from
our members has been overwhelming:
Indian Nations within British
Columbia do not accept they piece-
meal changes to the Indian Act that
your department is currently
proposing. Any changes
fundamentally altering the relationship
between Canada and First Nations can
only be made via negotiations and in a
manner which is mutually acceptable
to all parties. The process which your
department has used in order to put
through these changes is not
acceptable to us. We vigorously
oppose and refuse to accept any
changes to the Indian Act which
reduce the extent of the Federal
Government’s fiduciary obligations to
First Nations.
Yours truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry, President
cc All UBCIC Members
Chief Saul Terry, X'wisten
President, Union of B.C. Indian Chiefs
SUMMER 1996
AFWN. Special Assemily
Announcement
To: Chiefs, Tribal Councils, PTO’s
From: Ovide Mercredi, National Chief
Date: August 13, 1996
Re: Change of Date for Special Assembly of
DIAND’s proposed Indian Act Amendments
This is to inform you that there is a change in
schedule for the upcoming Special Assembly on
DIAND’s proposed Indian Act amendments, it will
now be held September 23, 24, 1996 in
Winnipeg, Manitoba.
UBCIC NEWS
Irwin Re: Extinguishment
Dear Chief Mercredi:
Thank you for your letter of May 22, 1996
expressing your concerns with respect to the issue of
extinguishment.
Since the publication of the report of the
Honourable A.C. Hamilton, the federal government has
been conducting a preliminary internal assessment of how
best to achieve certainty with respect to ownership and
use of lands and resources through the negotiation of
comprehensive land claims. In considering this issue,
Canada has taken into account Mr. Hamilton’s views,
The Department of Indian Affairs
has developed an Indian Act amendment
package which contains some 63 changes,
which is virtually half of the Indian
Act. This represents the most massive
'... The federal
government will proposals or suggestions that have been
the recommendations in the interim report of
the Royal Commission on Aboriginal
Peoples, entitled Treaty Making in the
Spirit of Co-existence, and other
set of changes since the 1951 amendments |=—jnter ret VOUT=| submitted to me.
to the Indian Act. Our preliminary
analysis indicates that DIAND’s Indian
Through this process of internal
oaSil ence as— review, the federal government has
Act amendments package will result in
serious negative impacts on our lands, our
=== Conse n t=
developed a set of principles that might
serve as a basis for a new legal technique
for achieving certainty. A copy of these
people, our treaties, and our fiduciary
relationship with the Crown.
The purpose of this Assembly is to provide you
with a detailed analysis of DIAND’s proposed
Indian Act Amendments, and to discuss a strategic
response to the federal government regarding DIAND’s
proposals.
We are also inviting representatives of the
signatories to the First Nations Land Management
Framework Agreement to provide the Assembly with
and update on the status of their initiative.
The Minister of Indian Affairs, Ron Irwin, has
already informed our Assembly on July 10, 1996, that
he has received drafting instructions from Cabinet and
he will proceed in the House of Commons this fall with
the Indian Act amendments package.
Minister Irwin is proceeding with these
amendments even though he has received only 61 letters
reportedly from 214 First Nation communities, 77%
of these First Nation communities are reportedly
*“supportive of the amendment initiative.”’
I urge you to attend this important Assembly to
discuss this matter before it is too late to do anything
about it, otherwise the federal government will interpret
your silence as consent.
principles is enclosed with this letter.
My intention is to undertake consultations on the basis
of these principles with Aboriginal people, provincial
and territorial governments and other parties that
may be affected by comprehensive claim settlements. |
agree with you that it is essential to undertake such
discussions and consultations before any final decision is
made on appropnate legal techniques for obtaining
certainty.
The approach outlined in the enclosed principles
would eliminate the requirement for a clause
surrendering Aboriginal rights, but would preserve the
objective of achieving certainty for all residents and users
of areas subject to comprehensive land claims. If such an
approach were to be adopted, it would only be applicable
to unsettled comprehensive land claims and would not
lead to the reopening of existing treaties or land claims
agreements.
The federal government wishes to work with the
AFN, and other affected parties, in reviewing and further
developing the principles, before any final decision is
made on the issue of how best to achieve certainty. My
officials will be contacting the AFN to arrange a meeting
on this issue.
Yours truly, Ronald A. Irwin, PC, MP
SUMMER- 1996
UBCIC NEWS
UNION OF B.C. INDIAN CHIEFS
UP-DATE ON CUTBACKS TO
NON-INSURED HEALTH BENEFITS
AUGUST 1996
The Union of B.C. Indian Chiefs issued a Health Bulletin
in July 1996. We stated that ‘*...Chief Saul Terry wrote a letter
to Larry McCafferty (Regional Director of Medical Services
Branch, Pacific Region) that any notion they have to transfer
initiatives of the Non-Insured Health Benefits (N.1.H.B.) to the
First Nations Summit’s Health Executive and the Federal
Government’s Envelope Committee will not be tolerated’’.
Larry McCafferty wrote a letter to Chief Terry taking exception
to this comment because he claims that they have not initiated
any discussions nor are any discussions intended to take place on
Transfer of NIHB to the Summit Health Committee or to the
Province of British Columbia. He added that Pacific Region does
not have the authority to transfer NIHB to individual bands,
collectivity of bands or any provincial or regional authority.
When Is A Discussion Not A Discussion?
The Transfer of Health to Indian Bands has been a major
discussion between Indian Bands and Medical Services Branch
since 1981. While Health and Welfare claimed that transfer had
to be supportive of Indian aspirations, it also had tobe compatible
with initiatives of other departments suchas Indianand Northern
Affairs, Employment and Immigration etc. Indian aspirations
invariably become overwhelmed by the dominant government
strategies and initiatives. They also stated in the “‘Discussion
Paper: Transfer of Health Services to Indian Communities”’
dated May 15, 1981 that ‘‘while consultation is a necessary and
effective process, it must be understood that it is more difficult
and slower than unilateral action’’. They also stated that
“initiatives in the area of health will be governed by the
legislative framework proposed by Indian and Northern Affairs’’.
This is 1996 (15 years later). The extinguishment of our
aboriginal rights has continued to be the major undertaking for
the Federal Government. Some day, the consequence of
extinguishment of our rights will result in major physical,
emotional, mental and spiritual ill-health. This is why we have
a responsibility to notify Health and Welfare Canada that they
cannot unilaterally extinguish our rights through cut-off to
health services. They and their people are wealthy from Indian
lands and resources and have never paid our people a fair share
of all the wealth they extracted from Indian territories.
In the government-prepared booklet ‘“Non-Insured Health
Benefits Pilot Project Hand-book’’ dated November 14, 1995 it
categorically states that Non-Insured Health Benefits Transfer
Pilot Projects are projects in which First Nations communities
assume the total responsibility for managing the NIHB Program.
It states that these Pilot Projects may revise the MSB Benefit
Directives, Benefit Levels and eligibility criteria. Medical
supplies and equipment; vision care services; medical
transportation are the only NIHB programs to be transferred.
Dental services and dmigs are to remain with Blue Cross.
While the Union of B.C. Indian Chiefs stands to be
corrected, it is not a question of discussions taking place with the
Health Executive Committee of the First Nations Summit or the
Provincial Government in the transfer of the NIHB progam to
them: the fact of the matter is discussions have been taking place
for years and as a result, pilot projects have been initiated and
there is no doubt that these models will lead Indian bands into
this federal initiative. We know the federal government has a
track record of wasting money on various initiatives over the
years but we beg the question: would National Health and
Welfare spend thousands of dollars on pilot projects if they have
no intention of transferring parts of the NIHB program?
COMMITTEES ASSISTING MEDICAL SERVICES
BRANCH IN B.C.
The Envelope Management Committee
This committee considers and recommends approval of:
I. The allocation of resources to centre managers of Medical
Services Branches.
2. The development of terms and conditions to be attached to
resource allocations concerning the purpose, limitations,and
availability for reallocation of resource allocations.
3.The development of general guidelines and processes such as
formulae for resource allocations, priorities, statement of
purpose related to the allocation of resources.
4. Reviewing the financial position of the Pacific Region in
relation to budgeted resources against expenditures and
commitments and to develop corrective measures to recover
from apparent over-expenditures or the utilization of lapsing
resources.
5. Setting capital prionties and allocations and approval of
annual plans.
Members to this Committee? Regional Director of the Medical
Services Branch in Pacific Region; his Associate Regional
Director; his Assistant Regional Director of Administration;
HEALTH (Continued on page 7)
SUMMER 1996
UBCIC NEWS
HEALTH (Continued from page 6)
his Regional Manager of Financial Services, his Zone Directors
of South Mainland and the North East; his Acting Manager of
Post Transfer Relations, and representatives from the First
Nations Summit Health Committee.
The Pacific Indian Health Executive Committee of M.S.B.
The purpose of this Committee is to:
]. Ensure that team approach to decision-making is enhanced and
senior management of the Region works towards a common goal
of the Region.
2. Ensure that based on the Vision Policy and Program Directives
of the Branch, Regional decisions are made based on input from
senior Regional Managers.
3. Ensure that strategic Regional decisions are made including
resource allocation on the basis of current program requirements
and the future direction of the Region.
4. Be the point of dissemination of consistent information of
Significance to the operations of the Region.
Members to this Committee? The Regional Director of Medical
Services Branch, Pacific Region; his Associate Regional Director,
his Assistant Regional Director of Administra-tion; his Regional
Manager of Financial Services and Administration; his Manager
of the Non-Insured Health Benefits Program; his Manager of
Environmental Health Services; his Acting Manager of the Post
Transfer Relations; his Manager of the Program Transfer, his
Zone Directors of South Mainland, Vancouver Island, North East,
and the North West; his Manager of Human Resources Division;
his Director of Communications; representatives from the First
Nations Summit Health Committee; and a recording secretary.
These members meet to:
1. Discuss and decide solutions to current issues of significance
to the Region.
2, Recommend annual and periodic resource allocations, and re-
allocations.
3. Review, discuss and recommend to the Regional Director or his
Associate Regional Director, the strategic direction for BC Region.
4. Bethe sounding board for issues and strategies tobe tabled with
the Branch Executive Committee known as the B.E.C.
5. Share information and ideas, identify opportunities for program
sharing and resource savings.
6. Review the terms of reference of this committee annually.
Please continue to provide us with invoices
you receive from your doctors or dentists. As
aboriginal people discover that they must pay
towards their medical and dental services, what
displeases them mostly is the fact that Medical
Services Branch has not shown them the courtesy
of notifying them by letter of changes to these
services. We would appreciate carbon copies of
letters you issue to government officials.
What the Union of B.C, Indian Chiefs said they would do:
1. A letter was sent to the Hon. David Dingwali including the
Petitions signed by Indian people.
2. A letter was sent to the Human Rights Commission of the
United Nations in Geneva. It included the Petitions and other
important facts related to National Health and Welfare cutbacks
to Non-Insured Health Benefits. Carbon copies went to Health
and Welfare, Canada; Department of Indian and Northern
Affairs, the Assembly of First Nations.
The following clarifies changes to the Directives for the Non-
Insured Heaith Benefits Branch of Medical Services Branch:
Health Bulletin
New Health Care Directives
July 28, 1996
This notice is to clarify the changes made to Non-Insured
Health Benefits Program Directives.
The Directives for the program itself, or the ‘“‘Medical
Services Branch (MSB) Non-Insured Health Benefits (NIHB)
Program’’, have not been changed. The ‘‘Vision Care’’ and
“*Payment Of Non-Insured Health Benefits Outside of Canada’’
Directives also remain the same.
Changes have been made only to Directives 1/3, 1/4 and
1/5, whichare the *“Medical Transportation’ ’, ‘‘Dental Services’’
and “‘Dnuigs and Medical Supplies and Equipment’’ Directives,
respectively.
No changes to the ‘‘Medical Transportation’’ Directive
have been published, however, Medical Services Branch no
longer uses Treasury Board travel rates. Costs used now are
actual costs, fixed costs or pre-negotiated costs.
The “‘Drugs and Medical Supplies and Equipment’’
Directive has been changed by the deletion of the iast bullet on
Page 2, paragraph 3(a), allowing tretinoin and retinoic acid
preparations to be covered under this Directive.
The most extensive changes have been made to the
““Dental Services’’ Directive. Community members and Health
Coordinators would be well advised to contact their local Medical
Services Branch office for detailed reports on the new coverage
policies.
HEALTH (Continued on page 8)
SUMMER- 1996
7
UBCIC NEWS
HEALTH (Continued form page 7)
The N.L.H.B. Pacific Region branch has drafted a regional
procedure to be used in conjunction with Intenm Program
Directive No. 7 ‘“‘Mental Health Services’’. This includes both
the criteria for the N.I.H.B. benefit (Crisis Intervention) and for
Building Healthy Communities (Crisis Management). These
procedures can be obtained from your local medical Services
Branch office.
In the UBCIC health bulletin dated July 5, 1996, it was
stated that “‘Certain Medical professions and Aboriginal
communities have not been notified of the new guidelines’’.
UBCIC was later told by the N.I.H.B. office that doctors’ offices
receive updated lists of all of the procedures which are covered by
premiums for First Nations people. Health Care professionals
dealing with First Nations should request updated indexes of the
services covered by premiums in the N.ILH.B. program from:
Health Canada, Medical Services Branch
Non-Insured Health Benefits, Pacific Region
Indian and Inuit Health Client Services
Suite 3510, 757 West Hastings Street
Vancouver, B.C.
V6C IAI
Telephone: (604) 666-3331
Facsimile: (604) 666-3200
The 20th Annual Elders
Gathering of B.C.
Submitted by Jennie Blankinship
The Gathering was hosted by the Saanich Nations
on Vancouver Island on August 6 to 8, 1996. Elders from
across B.C. and the neighboring states (USA) made the
conference a huge success. Discussions focused on:
Indigenous Rights, Health & Welfare, Suicide in the
communities, Respect, Education, Traditions, Healing,
Environment, Treaty Making and Our Inherent Right to
self-determination. Recommendations were made to
encourage the involvement of elders in their communities
and organizations, “‘It is time to take action’’ an elder
stated’’ and ‘*Stand by your leaders.’” The conference was
very enjoyable. The Okanagan Nation will be hosting the
next conference in Penticton in 1997,
Letters:
Sacred Heart
‘‘Church of the First
Peoples”
Dear Friends:
The Directors and Finance Committee of Sacred Heart
CHURCH OF THE FIRST PEOPLES in Edmonton, Alberta
are launching a large campaign for donations to repair our
very much old church, which requires substantial work.
(Building is 82 years old)
In May of 1993, Archbishop Joseph N. MacNeil,
Archbishop of Edmonton, declared that Sacred Heart
CHURCH OF THE FIRST PEOPLES to be a national parish
for our Native-Metis people with ail the rights, both spiritual
and temporal which other national parishes of the archdiocese
participate and enjoy.
As a point of interest, we are very proud that the
Healing Mass for Elijah Harper, MP, was held at our parish
and he recently stated to the Canadian Press that the prayers of
the people of our inner-city church and all aboriginal and non-
aboriginal peopie across the land are credited to the recovery
of his health when he was plagued with a near fatal mystery
illness in the fall of 1994.
Your donations, whether large or small, will be greatly
appreciated towards the repair of this historic and cultural
church. Tax receipts will be provided upon request. 10821-96
Street, NW, Edmonton, Alberta, TSH 2J8 Phone: (403) 422-
3052 Fax: (403) 423-0176
Yours in Peace & Friendship
Sacred Heart CHURCH OF THE FIRST PEOPLES
Rev. James L. Halland, OMI
Pastor
DIRECTORS:
Elijah Harper, Member of Parliament
Audrey Ahenakew, Manager, Aboriginal Banking Canada,
Royal Bank of Canada
Edward Molstad, Queens Council Barrister & Solicitor
Constable Randy Wickins, Native Liason, Cultural Resources
Centre, Edmonton Police Services
Maggie Hodgson, Director-Nechi Institute
FINANCE COMMITTEE:
Flo Baker, Publisher First Nations Free Press,
Native Youth News
Linda Lee Jones, Secretary, Cross Cancer Institute
Leonard Gauthier, President Metis Business Association of
Edmonton
SUMMER 1996
UBCIC NEWS
Education Update
Submitted by Jennie Blankinship
The 1996 World Indigenous Peoples Conference on
Education was held in Albuquerque New Mexico, June 17
to 22, 1996. The hosts were American Indians, Native
Alaskans and Native Hawaiians. Involvement of native
educators, tribal elders, students and leaders met to plan and
adopt themes of vision and purpose for our future.
Determining our own affairs and a right of all people to
acquire education of our own making were the main
themes. Presentations were held by working groups from
every province in Canada, United States, New Zealand,
Africa, Russia, Australia, Norway and Costa Rica.
Workshops focused on curriculum development,
traditional healing in communities, language development,
post-secondary education, Early childhood development,
teachers training, research, self-determination in education
and training, nutrition, aboriginal studies, and education
rights. Elder Nathan Spinks, Laurie Sterritt and I
facilitated the Institute of Indigenous Government
Workshop. The next conference will be held in Hilo,
Hawaii in the year 2000.
MYSTERY PHOTO
Do You Know This Woman?
Institute of Indigenous Government partners
with First Nations Tribal
Justice Institute for justice studies program
Vancouver, B.C. June 20, 1996 -- At a press
conference in North Vancouver today, two of the leading
indigenous institutions in British Columbia announces a new
partnership that will bring into existence an accredited post-
secondary program in indigenous studies in September,
1996. The new one-year certified program in Indigenous
Justice Studies will be delivered jointly by the Institute of
Indigenous Government (IIG), located in Vancouver, and the
First Nations Tribal Justice Institute (FNTJD in Mission,
B.C,
It is expected that most students will take the 30 credit
program at the FNTJI’s new School of Indigenous
Peacemaking as part of a larger training program; required
courses will be delivered through the IIG’s extension
program. Other students will be able to take the program in
Vancouver at the IIG campus in Gastown. The focus of the
new program is education and skill-training for the
development of indigenous justice systems.
**This program is an important step on the road to
putting in place our own systems of justice to better
serve the needs of our people,’’ said Chief Saul Terry, Chair
of the 1G Board of Governors and President of the Union of
B.C. Indian Chiefs. ‘“The IIG welcomes this opportunity to
work with the First Nations Tribal Justice Institute in carrying
out our mission of empowenng Indigenous Peoples through
education to exercise effectively their right of self-
determination in their territories -- in this case, their right of
self-determination in the field of indigenous justice. I know
that the need is great for this kind of program all across
Canada. I expect that it will be much in demand and I am
confident it will be a resounding success for our youth, our
communities and our nations.’’
Contact: Chief Saul Terry, (604) 684-0231
Mr. Jim Maloney, FNTJI, (604) 826-3691
SUMMER- 1996
UBCIC NEWS
FISHING:
Nikal v. The Queen; Lewis v. The Queen
In April, 1996, the Supreme Court of Canada issued its
reasons in these two fishing cases. These decisions deal
primarily with reserve based rights under the Jndian Act.
Although a nght of self-government (not confined to reserves)
was argued in Lewis, the Supreme Court did not address the
issue directly. The Court’s analysis of aboriginal fishing
rights is very disappointing.
In these cases, it was argued on behalf of the Bands,
that:
1. a fishing bylaw made under the /ndian Act applies
to the river adjacent to the reserve;
2. the licence requirement under Federal Fishery
Regulations is unconstitutional because it infringes
aboriginal nights, contrary to section 35 of the
Constitution Act, 1982.
The Court did not agree with the Bands. The Court said:
1. Under s.81 of the /ndian Act, band councils may
make bylaws for “the preservation, protection and
management of...fish...on the reserve.’’ The Court
concludes that ‘‘on the reserve’’ means “‘within the
reserve’’ or ‘‘inside the reserve’. The fishing bylaw
does not apply to rivers passing through the reserve
as the Court finds the rivers to be outside of the limits
of the reserves.
2. The Court said that aboriginal people are
required to obtain licences and that a government
licensing scheme is not a violation of section 35. The
terms of a licence might be unconstitutional, as found
in Nikal, but the requirement of a licence was not:
“Tt is clear that the Federal Government may validly
require aboriginal people to obtain a fishing licence
pursuant to section 4(1) of the British Columbia
Fishery (General) Regulations.”’
In these cases, the Bands argued that they had
exclusive fishing rights. The Court found that the Indian
Reserve Commission had no authority to establish exclusive
fisheries or fishing rights. Non-exclusive fishing rights were
neither argued nor decided by the Court and will be advanced
in another case another day. With respect to aboriginal
fishing rights, DFO can require a licence. The Court also says
that the Crown is the manager but must take account of
aboriginal fishing rights. In this way, the Court has reduced
management rights. Aboriginal people have a right to
participate in management decisions; the federal government
is the management authority. The Court did not support
broad rights of self government and management authority in
relation to the fishery.
The Court has not yet issued its reasons in the cases
involving the right to barter, trade or sell fish: we are still
awaiting the decisions in Van der Peet, NTC Smokehouse and
Gladstone.
10
LEGAL UPDATE
Submitted by Mandell, Pinder
HUNTING:
Regina v. Seward, Thomas & Thomas
This was a hunting case, involving members of the
Penelakut Band, who were charged under the B.C. Wildlife
Act for hunting at night with a light, out of season, and
outside of reserve land. This case was heard at the Provincial
court level. The court affirmed that the hunters have an
aboriginal right to hunt, and that hunting rights extend
throughout their traditional territories, and beyond reserve
boundaries. The aboriginal right includes the right to hunt at
night, if that is the preferred means of hunting. The court
also noted that the provisions of the Wildlife Act under which
the Defendants were charged denied the hunters their
preferred means of exercising that hunting right.
In the Seward case the Crown argued that the
members of the Penelakut Band should be forced to prove that
their peoples constituted an organized society at the time of
the assertion of British sovereignty. The Court criticized this
saying that it was ““egregious and opportunistic,’’ and not in
keeping with the Crown’s obligation to take a trust like
approach as opposed to an adversarial approach in it’s
dealings with Indian peoples.
In the Seward case tie Crown presented evidence that
night hunting was unsafe and created conservation problems,
and stated that these reasons justified the interference with
aboriginal rights found in the Wildlife Act. The Court did not
accept this argument and pointed out that laws which impact
aboriginal nghts have to take into account the legitimate
interests and rights of aboriginal peoples prior to the law
coming into place, and that the rights of aboriginal peoples
have to be taken seriously by the Government when making
new laws.
The Seward case is a very positive case in terms of its
affirmation of aboriginal hunting rights. However the Crown
is now appealing this decision.
TAXATION:
Union of New Brunswick Indians and Tomah v.
Minister of Finance
This was a case heard before the New Brunswick
Court of Appeal concerning the tax exemption found in
Section 87 of the Jndian Act. The Union of New Brunswick
Indians asked the Court to decide whether or not the fact that
Indians have to pay Provincial Sales Tax on purchases of
goods intended for use on Indian reserve violated the tax
exemption found in the Indian Act.
+ 9 ————
LEGAL UPDATE (Continued on page 11)
SUMMER 1996
UBCIC NEWS
LEGAL UPDATE (Continued from page 10)
In New Brunswick the provincial sales tax applied to The Federal Court Trial Division agreed with the
all sales of goods to Indian peoples off-reserve. The Court railways and found that the night of way lands which mn
found that it is more important to look at where goods would through the Bands’ reserves do not form part of the reserve
be used and kept rather than where they are purchased in lands, but rather, that the railway companies own these lands
determining if the transaction should be exempt from outright. The Court found that the Bands’ entire interests in the
provincial sales tax. And thus, where Indians are purchasing right of way land, was lost when the railways obtained the lands
goods which they intend to use and keep primarily on the for railway purposes from the Government of Canada. The
reserve, these purchases should not be subject to the Bands have appealed this decision and will argue at the Federal
provincial sales tax. The Court found that the purpose of the Court of Appeal that the railway companies did not obtain legal
Section 87 taxation exemption is to permit Indians to use or title to the lands, instead they only received a limited interest
consuine personal property on reserve without taxation. which allows them to use the land for railway purposes only.
The Court expressed the need to give full voice to the On another point, the Court also found that the Bands’
tax exemption found in the Jndian Act and noted that the taxation bylaws were discriminatory in that they tax different
small size and location of reserves means that there are very groups of people in a different manner. In particular, Band
few department stores or other reasonably large stores on members who own property on reserve are not subject to
reserves, and that in order to make most purchases of goods, taxation, while non-Band members (mainly, non-Indians) who
Indians are, in effect, forced to leave the reserve in order to hold an interest in reserve lands are taxable under the Bands’
shop at the larger stores. taxation bylaws. The Bands will appeal this ruling largely
The Court also rejected the Government’s argument based on the fact that Indians are exempt from taxation on
that in order to be tax exempt, goods should be delivered to personal property which they hold on reserve land under
the reserve. The Court pointed out that forcing Indian Section 87 of the /ndian Act.
peoples to arrange for on-reserve delivery of goods imposes a Overall, this case is a very negative decision in terms of
very strong burden on any Indian who wants to take aboriginal rights as it holds that a majority of right of way
advantage of the right to be exempt from taxes by forcing interests held by utilities such as CN and CP through reserve
them to pay the costs of delivery, the court also recognized lands, no longer form part of those reserve lands. The decision
that delivery is often not an option. In short, the Court found is currently on appeal to the Federal Court of Appeal.
that requiring on-reserve delivery of goods in order for the tax
exemption to apply, is not an effective means of recognizing UNION OF B.C. INDIAN CHIEFS
the rights contained within Section 87.
The Court, in the Union of New Brunswick Indians,
begins with the assumption that there ts a significant tax Vowdre COngaly Tnvued:
exemption for Indian peoples provided in the Jndian Act,. and
then looked to the best means of giving effect to that
exemption.
It will be very difficult for any one collecting tax for
purchases off reserve, to determine whether the goods are
actually destined for use on the reserve. In all likelihood, this 28th Annual General Assembly
case will increase the tax room for Indian peoples. In law, if October 23, 24, 25, 1996
not in practice, this case should apply in British Columbia so Saanich, B.C.
that all Indians who live on reserve and who are buying goods ,
which they intend to use and kesp primarily on reserve should
not be subject to provincial sales tax regardless of where they
purchased goods.
Canadian Pacific Limited v. Matsqui Indian Band
and Matsqui Band Council and Others
This was a case in which the Canadian National
Railway (“‘CN’’) and Canadian Pacific (““CP’’) challenged
the rights of Indian Bands to tax railway right of ways which
run across reserve land, pursuant to Band taxation bylaws.
The railways argued that the Bands do not have a right to tax
the right of way lands running through reserves because the For more information contact Mildred Poplar at our
right of way lands were not part of the ‘“‘reserve’’ and Vancouver office at (604) 684-0231.
therefore not subject to Band bylaws.
SUMMER 1996 11
UBCIC NEWS
COMMUNITY
PROTEST STOPS
LOG EXPORTS
Thursday August 1, 1996, Masset Haida Gwaii --
Today, in a Community-based action, the Haida placed
themselves in front of the largest log barge in the world,
which is owned, by MacMillan Bloedel. Eight Haidas
paddled a cedar canoe out into the inlet front of the Haida
Village of Old Masset. Some villagers accompanied the
canoe in small boats; others stood along the shore, drumming
the ‘Paddle’ song. The Haida Brave was brought to a
standstili in the inlet and the plunder of Haida land was
stopped, if only temporarily.
The Haida Brave and Haida Monarch the
largest self-loading log barges in the world
hold about 1200 cubic meters of logs which is
the equivalent of 400 full logging trucks.
The Haida people have endured poverty for
generations while millions of dollars worth of Haida timber
has been stolen by large forest companies such as MacMillan
eee As it is there are only 5-10 years left of old growth
orests.
The only contribution MacMillan Bloedel has made to
the people of Old Masset was a $15.00 donation toward the
building of their community centre.
The Haida people responded to watching barges of
their resources continually going out the inlet with a
physical blockade today. The belief motivating the
community action is that the land question must be addressed
and interim measures must be put in place to stop the
wholesale logging of the Haida’s salmon-bearing river valleys
and the destruction of the last of the old growth cedar vital to
the continuation of Haida survival.
In the face of the Haida people’s protest, the
MacMillan Bloedel barge has dropped anchor. The Haida
ceremonial canoe is now moving up the iniet towards the
MacBlo barge.
For more information contact:
Sharleen White Davidson (604) 626-3985.
DEATH OF
LEON SHENANDOAH
THE ATOTARHO
OF THE SIX NATIONS
IROQUOIS
CONFEDERACY
OF NORTH AMERICA
Kahnawake M.T. 23 July, 1996 —- The Atotarho, the
firekeeper of the Six Nations Iroquois Confederacy, is
considered the chiefs of chiefs. The Confederacy consists of the
Mohawks, Onondagas, Cayugas, Oneidas, Senecas and
Tuscaroras. Leon Shenandoah, 81 years of age, was chosen in
1969 and heid the position for 28 years. He passed away on
Monday July 22nd at 7:20 a.m.
The Great Law of Peace, the constitution of the
Confederacy states: ‘“The Chiefs of the Six Nations Iroquois
Confederacy shall be mentors of the people for all time. The
thickness of their skin shall be seven spans thick, their hearts
shail be full of peace and goodwill, and their minds filled with
yeaming for the people of the Confederacy. With endless
patience they shall carry out their duty and al! their words and
actions shall be marked by calm deliberation’’. This is the true
spirit of North America - equality, democracy, honour and
respect for the power of the people. It is the duty of the chiefs
of the Confederacy to act as teachers and spiritual guides of
their people. The Confederacy at this time must continue to be
vigilant in protecting all Indigenous people in North America.
The Atotarho is survived by his wife, children, many
grandchildren and great grandchildren.
NATIVE PROGRAMS DEPARTMENT
LEGAL SERVICE SOCIETY OF
BRITISH COLUMBIA
CHANGES OF TELEPHONEL/TAX NUMBERS
Please note that as July 1996 the telephone numbers for
the staff of the Native Programs Department of Legal Services
Society has been changed as follows:
Penny J. Desjarlais, Director 601-6005
Cheryl Rubuliak, Research and Program Coordinator
ee ee, es 4 Assistant to the Director 601-6006
received her Masters of'Law degree from iv N Community’ Develooment
HARVARD UNIVERSITY on June. 12, 1996. Se es ae P
—_— —-—... toa) aa Fieldworker 601-6040
from the Carrier: Nation'at'Fort2St:James.and -_ ;
Sur eg a : =. Kent Patenaude PLE, Publications Fieldworker 601-6039
is:the first Canadian Aboriginal woman accepted:to
Hen asier of lew Procamer Harter Frances Auckland, Department Secretary
Bes Ol oe Pre are aarv Assistant to the Fieldworkers 601-6036
Native Programs Fax number 682-0787
12 SUMMER 1996
URCIC AEM
LEGISLATIVE COMMITTEE TO RECEIVE INPUT
ON NISGA’A AGREEMENT
August 9, 1996, Victoria, B.C. -- The Select Standing Committee on Aboriginal Affairs, an all-party committee
of the Legislative Assembly, has been appointed to study the impact of the Agreement-in-Principle signed last February between
the provincial government, federal government and Nisga’a Nation.
The Minister of Aboriginal Affairs, the Honourable
John Cashore, introduced a motion calling for the committee
to examine and make recommendations on the application of
key issues arising out of the agreement to treaty negotiations
throughout British Columbia; and further, to aid in
determining how progress can be made towards treaty
settlements with aboriginal people which are beneficial to all
British Columbians.
The committee is empowered to visit communities in
the province and to provide opportunities for all interested
parties to express their views on these matters. The Convener
of the committee, Mr. Jan Waddell (MLA)- Vancouver-
Fraserview), welcomed the opportunity for public dialogue. “‘!
look forward to working together with all members of the
committee. Our job is to ensure full and fair hearings on these
matters and to listen to all British Columbians. ”’
The committee’s work will begin in earnest in the fall,
For Immediate Release
after the legislature adjourns. Public hearings that are
held will be advertised in the communities that the
committee visits. The committee will meet on August 14,
1996 in the Parliament Buildings to begin the task of
preparing for its inquiry.
Members of the committee are:
Mr. Ian Waddel, MLA (NDP - Vancouver-Fraserview) -
Convener
Mr. Harry Lali, MLA (NDP - Yale-Lillooet)
Mr. Tim Stevenson, MLA (NDP - Vancouver Burrard)
Mr. Glenn Robertson, MLA (NDP - North Island)
Mr. Bill Goodacre, MLA (NDP - Bulkley Valley-Stikine)
Ms. Erda Walsh, MLA (NDP - Kootenay)
Ms. Cathy McGregor, MLA (NDP - Kamloops)
Union of B.C. Indian Chiefs
Workshop
DEPARTMENT OF INDIAN
AFFAIRS RECORDS
“RG 10”
Union of B.C Indian Chiefs Research will once
again be holding a three day workshop on this topic from
Monday October 7th to Wednesday October 9th. The
Department of Indian Affairs made many changes to its
filing systems and agencies over the years, so this is a
complex record group (““RG’’)tonavigate. This overview
session is an excellent orientation for new and beginning
researchers in the field of land rights. Class size will be
limited, so book your place now (See the insert for more
details).
For more information contact Leigh Ogston at the
Union of B.C. Indian Chiefs Vancouver office. Telephone:
1-604-684-0231 or e-mail: [email protected]
-@
VANCOUVER ABORIGINAL
FRIENDSHIP CENTRE SOCIETY
Books Needed For Children
In Famtly Centre
August 15,1996 | We are in the planning process of
opening a Children's Development Centre and need
books for this Centre. We are in need of a donation of
Books for these Children and parents, either hard-cover
or soft cover is fine.
Thank you kindly for any assistance you can
give for children in need.
Please send donations to:
VANCOUVER ABORIGINAL
FRIENDSHIP CENTRE
SociETY
1607 East Hastings Street
Vancouver, B.C.
VSL 187
SUMMER- 1996
13
UBCIC NEWS
Provincial Aboriginal Hunting Policy
As Summarized by Shauna-Leigh Maloney
Provincial Aboriginal hunting policies have become increasingly restrictive. New policy guidelines have twice been
released since 1992, with ambiguity as to whether one supersedes another. The results of such confusing policies is the arrest and
seizure of aboriginal hunters and their game, many of whom were following Provincial guidelines to the best of their knowledge.
Consultation:
Findings from the Sparrow
Rulings stated that the Government is
required to first consult with the
Aboriginal people before proceeding to
put in place restrictions which would
interfere with the exercise of Aborigi-
tion of game.
To hastily accept such a definition
of Aboriginal Rights would mean
denying First Nations in urbanized
territones the right to hunt. First
Nations must insist that the Crown live
up to its fiduciary obligation which
conservation or other substantial objec-
tives such as public health and safety.
The province asserts in its Draft Discus-
sion Paper that there are no known
Aboriginal Rights to harvest wildlife for
commercial purposes.
The Province's own definition of
nal Rights. The Ministry Aboriginal rights as those
Ae ane : Provincial Aboriginal Hunting Policies ea Aare
around this ruling by are restricting Your Rights! and before 1846, should prove
introducing two sets of Dear Friends, that hunting for economic
Interim Guidelines, one in The Provincial Government is about to pass permanent jj reasons is an Aboriginal Right.
1992 and the second in legislation regarding Aboriginal Hunting Rights. The following}] A culture is often defined by its
1993. Although the MELP [i] is a summary of the Province's past and present positions on economic practices, and First
Interim Guidelines recog- important issues such as the Rights of individuals and Nations taj] Nations have always used meat
nize the need for consulta-
tion with First Nations,
MELP did not engage in
consultative processes with
all of the effected First
Nations. Consultation will
occur, apparently, before
the development of perma-
nent Guidelines.
Tradition:
The current position
of the Province is that
Aboriginal Rights to
harvest wildlife exist where
Hunt within and outside of their own ternitories. The Province
is entering into discussions with a select group of communities
to determine a Province-wide Aboriginal Hunting Rights policy,
and has produced a Draft Discussion Paper outlining their
position.
Don't let the Province extinguish The Inherent Aborigi-
nal Rights of you and your Nation! The Union of B.C. Indian
Chiefs urge every B.C. First Nation to speak out about Provin-
cial policy before legislation can be passed (talks are scheduled
to conclude by the end of August).
Yours Truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry, President
c.c. Honorable John Cashore, Min. Aboriginal Affairs
and furs as currency, trading
them for goods, services and
general economic gain. Hunting
has always been an integral part
of the First Nations economy.
The Province has left
unclear its policy on the com-
mercial sale of game by-prod-
ucts. Much of the hide, bone
and antler of an animal caught
for meat can be (and was always
traditionally) used to make
clothing, jewellery and tradi-
tional tools. These traditional
a First Nation has a history
First Nations products sell on a
of carrying out an activity
in a specific location long enough prior
to 1846 to make that activity integral to
the distinctive culture of that society.
To restrict Aboriginal Hunting rights to
the way they were practiced in 1846 is,
essentially, to eliminate any viable way
to hunt in the 1990s. Environmental
damage and urban development since
1846 have caused a significant decline
in wildlife population. Remaining
animals have had to migrate away from
the territories in which they were
hunted since time immemorial to make
way for skyrises and suburbs. The
modem First Nations hunter must
therefore commute to where the game
is and, once there, cover more ground
in order to find such a sparse popula-
requires, where resources are no longer
available in the Aboriginal hunter's own
territory as a result of Crown authorized
settlement and development activities,
that access be provided to wildlife
resources on unoccupied Crown land
elsewhere in the Province. Courtesy and
tradition would require that the hunter
first obtain permission from the First
Nation in whose territory the hunting
will occur.
Sustenance:
First Nations, under Provincial
policy, may practice their Aboriginal
Hunting Rights and harvest wildlife for
sustenance, spintual and ceremonial
purposes without a license, at any time of
year. These rights are subject only to
wide market today, providing
livelihoods for many Aboriginal artists
and artisans. If the province were to
prohibit the sale of by-products from
sustenance game, the Traditional Art
industry would be compromised. Tradi-
tional arts promote cultural awareness
and economic growth in and outside of
First Nations communities. Hampering
this industry puts a lid on an important
part of the First Nations, and indeed
Canadian, cultural identity.
Sharing:
In January of 1992, a memoran-
dum from the MELP Assistant Deputy
Minister for Regional Operations and
Enforcement stated:
(Continued on Page 17)
14
SUMMER 1996
UBCIC NEWS
MAP OF THE SOVEREIGN INDIGENOUS NATIONS
TERRITORIAL BOUNDARIES: JUNE, 1993
The Union of B.C. Indian Chiefs’ map of the Sovereign Indigenous Nations Territorial Boundaries is the only contemporary
map that accurately shows the traditional tribal territories of the 23 Indian Nations in British Columbia. The six colour map measures
237 oO
The tribal territories are the homelands of distinct Nations, within which their respective peoples share a common language,
culture and traditional forms of political and social organization. These homelands have been occupied by the Indian Nations since
time immemorial. Up to the present, the Indian Nations in British Columbia have never surrendered their ownership of their homelands
(aboriginal title), nor have they surrendered their original sovereignty as nations to govern their homelands (inherent jurisdiction).
Information on the territorial boundaries was compiled by the Union’s research portfolio and President’s office between July,
1990 and April, 1993 from archival research and information provided by elders, chiefs, and tribal councils. Chief Saul Terry, President
of the Union and a graduate of the Vancouver College of Art (now the Emily Carr College of Art and Design), prepared the working
drafts for the map.
Design and cartography for the June, 1993 map was done by David Sami, chief cartographer of Multi Mapping Ltd. in
Vancouver, B.C., using a 1:2,000,000 scale base-map from the Surveys and Environment Branch of the British Columbia Ministry
ofEnvironment, Lands and Parks. All territorial boundaries shown on the map are subject to further revision, as additional information
becomes available. Contact the Union of B.C. Indian Chiefs at (604) 684-0231 for ordering information.
28" x 36" / Scale: 1:2 000 000 / Six Colours
Seu ORS
Ne
Ss
A
aS. “3
CEC
SORE
BS
SS
Se
RON
Se
RE oe
Ore PII eoe eae
SUMMER- 1996 15
UBCIC NEWS
STE WAUR TD IPJRUULILIUP UN TIEIRV IE W-
ANOTHER EXAMPLE OF LIVING PROOF
SuspmitreD By PENnTICTON INDIAN BAND
Tit was winter, 1994, the Penticton Indian Band decided to erect check points (road blocks) on Green
Mountain Road to reinforce their demand for an environmental assessment of a proposed massive ski resort/real
estate development within the watersheds of their traditional territories. Stewart Phillip, Councillor for the Penticton
Indian Band worked 22 hour days maintaining order at the barriers. Coming in from the cold, he took his shoes off
and noticed that his feet were swollen. Pushing his finger into his foot, it left a depression (edema). Stewart's wife
Joan had been working for Shoal Lake, an Aboriginal community in Ontario. Stewart called Joan, who then flew
back home to Penticton.
"I'd never been to a doctor in my
life; I didn't even have a regular GP.
The doctor noticed the liver spots on my
chest, and referred me to a
gastrointestinal physician who said
cancer of the liver, with three tumors
growing there. "We were told that
cancer might stop a transplant (from
taking place). If they sent me home
effects of the drugs and the surgery,
Stewart said "It took me about two days
after the operation before I knew I'd had
the transplant.”
Stewart is the father of two girls
it was either cancer or cirrhosis."
The tests and diagnosis revealed
severely advanced cirrhosis with
the possibility of cancer (visible
liver nodules/tumors). Stewart's
"... [ believe my coping began
with accepting the fact that I
was terminally ill..."
and four sons aged 17-26. "The
oldest daughter (Carey) is in Japan
right now. She wasn't going to go.
She had graduated from U. Vic, and
had a teaching contract over there.
symptoms included severe fatigue,
fever, chills, diarrhea, loss of appetite
and weight. He was "so ill I didn't
know what was going on. I just wasted
away, so sick I didn't want to live."
"The other thing that was
bothersome for me is it was spring, and
warm. I was wearing two sweaters,
long johns and sweats." After
seeing a naturopath in Peachland,
Stewart went through fasting and
detoxification, and started to feel a little
better.
He was and still is Economic
Development Officer and an elected
Band Councillor for the Penticton
Indian Band here in B.C. Stewart's
office was four blocks from home, but
being too ill even to walk that distance,
he worked from home, not having the
strength to change out of his bathrobe.
The doctor in Penticton
referred Stewart to Dr. Anderson, a
liver specialist in Vancouver. He was
then referred to the transplant program
at the B.C. Transplant Society. “We
felt really good about it. My condition
was being taken seriously; something
was being done. For the first time, we
had hope something would happen."
Stewart's illness was caused by
(without a transplant) they'd give me a
year to live. We had to live with that
fear from the very beginning.”
The doctors wouldn't know if the
transplant was possible until they
examined the condition of his liver
during surgery. They didn't know if the
cancer had spread beyond the liver. "We
got the call (from Lynn Mori, Transplant
Coordinator for livers) at 10 to 10:00
p.m. The Medivac came at midnight.
There were five patients aboard. There
was no room for Joan. It was a lonely
flight because she had been right by my
side the whole time.”
Joan drove to Vancouver with
Stewart's sons, two sisters and brother-
in-law that night. He didn't know if
she'd be there by the time he went into
the operating room. Fortunately, Joan
made it to the hospital before Stewart
went into the OR. Once again, the
surgical transplant team reminded the
Phillips’ that if the cancer had spread
beyond the liver, they would be forced to
simply close Stewart up and send him
home.
Knowing that he might awaken
from the operation without a new liver,
Stewart went into surgery. Due to the
She was going to cancel the whole
thing. I got bounced out on the eighth
day. Both my daughters and all my
sons visited me. It was a tremendous
relief throughout the family and the
community, not to mention myself."
When asked how he coped with
his illness, especially the emotional and
mental turmoil that strikes every person
waiting for a transplant, Stewart
answered:
"I believe my coping began with
accepting the fact that I was terminally
ill. I had to accept the fact that, for the
first time in my life I had to get off my
high horse, and accept the fact that I
needed help to defeat the life-threaten-
ing cirrhosis and cancer that had almost
succeeded in destroying my liver. I
found | had to unconditionally place my
life in the hands of the doctors and the
health care personnel of the transplant
program.
I also had to realize and accept
the fact that my terminal condition fully
affected every member of my family, as
well as myself. I had to be sensitive to
their fears and feelings, as well as my
own. I had to be willing to share my
thoughts, fears and feelings with every
(Continued on Next Page)
16
SUMMER 1996
UBCIC NEWS
STEWART PHILLIP INTERVIEW (Continued from page 16)
member of my family. In addition, I had
to accept their support. Under these
difficult circumstances, I had to learn to
accept and return their love.
Finally, I had to accept the
Creator into my life. I found that I had
to unconditionally surrender my will to
the Creator, and place my life and
welfare in His hands. Without question,
my transplant experience taught me the
power of prayer and the need to pray.
I shall be eternally grateful for
the many things I learned and came to
understand as a result of my illness and
subsequent liver transplant."
Stewart explains the biggest
change he has noticed since his trans-
plant; "Physically, the first thing I
noticed was the increase in my energy
levels. For the first time in many, many
years I am able to undertake a full day of
activity without feeling totally ‘bagged-
out’. Prior to my transplant, I spent the
entire day on our sofa, in the horizontal
position, in my bathrobe. I never really
got up.
Also, for the first ume in over a
year I am able to eat! As a matter of
fact, I spend a great deal of my time
either eating or thinking about eating.
Needless to say, I am ecstatic about the
fact that I am quickly regaining all the
weight that I lost during the final stage of
my illness.
Emotionally, I immediately
noticed a tremendous sense of relief and
inner peace due to the fact that I and my
family are no longer sharing the path
with the 'Grim Reaper’. Mentally, I have
noticed a greater clarity of mind.
I and my family have a much
deeper, more meaningful and more
reverent relationship with our Creator.
Without question, the many, many
prayers that were offered with respect to
my recovery played the most central role
in my successful transplant operation and
subsequent recovery."
In his spare time, Stewart enjoys
“public speaking and political activism
for the purpose of organizing for social
change." He also likes spending his
healthy days hunting, fishing and camp-
ing.
Here is Stewart's advice for the
hundreds of Canadians awaiting a
transplant:
“Accept the fact that you have a
terminal illness. Accept the fact that you
shall need a great deal of help and
support to overcome your illness. Get
off your high horse and accept the love,
support and compassion that will be
offered by members of your family, as
well as your friends. Do not shut them
out. Openly share your fears, doubts
and feelings with your support group.
Listen to their fears and feelings.
Remember, this traumatic experience is
also happening to them as well as
yourself. Tears have a legitimate place
in the healing process. Do not be
afraid to cry.
Develop an unshakable sense of
faith in the doctors and health care
professionals who have undertaken
your case. They know what they are
doing. Listen to them, and follow their
direction and advice.
Pray. Reconnect yourself with
your Creator. Have faith.
To all those people who are
currently awaiting a transplant, Joan
and I offer our prayers of support to
each one of you. We offer our prayers
of support to each member of your
family. May the Creator give you
strength, courage and comfort. Praise
the Lord!"
=
2 \
“Native persons wishing to hunt
in the traditional areas of bands other
than their own should be advised to
consult with that band prior to hunting.”
This memorandum recognizes
aboriginal hunting as not restricted to
the hunter's First Nation's Traditional
Terntory, subject to consultation with
the other First Nation. The 1992
memorandum also addresses Aboriginal
Hunting Rights as belonging to an
Individual, and the fact that a host First
Nation may choose to share their
hunting resources with other individuals
without negotiating hunting contracts
between entire Nations. These 1992
policy guidelines have never been
explicitly revoked, although the 1993
Interim Guidelines restrict Aboriginal
Hunting to a person's traditional terri-
tory. No consultation was made with
First Nations before the Interim Guide-
lines were implemented.
A recent Draft Discussion Paper
HUNTING (Continued from Page 15)
presented by the Province states that
"The 'shared' harvesting will not
be recognized as an Aboriginal Right of
the host First Nation, or the First
Nation that shares the harvest Under this
scenario, agreements would have to
be negotiated with regional Ministry staff
on a First Nation by First Nation basis."
The right to share harvesting is an
indisputable Aboriginal Right practiced
since the dawn of time between Aborigi-
nal families, Tribes and Nations! Provin-
cial policies make it inconvenient, if not
impossible to negotiate a Shared Harvest-
ing Agreement between Nations or for
individuals.
As said above, the Crown has a
fiduciary obligation which requires,
where resources are no longer available
in an Aboriginal hunter's own territory,
that access be provided to wildlife
resources elsewhere within the Province.
The Provincial Courts disagree. A letter
dated November 7, 1995 from J. Corbett,
£ _
Acting Regional Environment Manager
in Kamloops, to Chief Victor York of the
Lower Nicola Indian Band states (con-
trary to the 1992 Interim Guidelines and
interpreting the 1993 guidelines) as
follows:
"It is the interpretation of the
courts that First Nations People may not
hunt/fish in another Nation's Tradi-
tional Territory even with permission.
This only applies to hunting or fishing
for sustenance which is outside of the
regular hunting/fishing season and
regulations."
Such an interpretation of Aborigi-
nal Rights veritably denies First Nations
in urbanized areas the right to hunt or
fish. It also ignores the right of First
Nations to share their resources with
other Nations and individuals. The
Province has even less Jurisdiction than
the Federal Government has to define
what constitutes as such a Fundamental
Aboriginal Right.
SUMMER- 1996
17
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Part of Union of B.C. Indian Chiefs Newsletter (Summer 1996)