Union of B.C. Indian Chiefs Newsletter (Summer 1996)

1.06-01.08 Union of BC Indian Chiefs Newsletter

1.06.-01 Newsletters and bulletins sub-series

June 1996

english

1.06-01.08-07.02

18

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

Chief Saul Terry

Lorraine Champigny

Jennie Blankinship

Ovide Mercredi

Ronald Irwin

Stewart Philip

periodical

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: logston@web.net 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 UNION OF B.C. INDIAN CHIEFS SUBSCRIPTION FORM NAME: FOR OFFICE USE O N L Y DATE RECEIVED: CHEQ/M.O. # EXPIRY DATE: ADDRESS: POSTAL/ZIP C O D E : PROVINCE/STATE/COUNTRY: 1 YEAR SUBSCRIPTION RATES NewsLETTER NewsCLIPPING _ Member Bands: Individual: $75.00 $35.00 Individual: $100.00 T O T A L AMOUNT ENCLOSED $ Please make cheque or money order payable to: UNION OF B.C. INDIAN CHIEFS. 5TH FLOOR - 342 WATER STREET. VANCOUVER. B.C.. V6B 1A1 CHIEFS MASK BOOKS Owned and operated by the Union of B.C. Indian Chiefs - 5th Floor 342 Water Street in Gastown (604) 684-0231 ARTS & - FIRST NATIONS -JEWELLRY - ABORIGINAL ISSUES - POTTERY - INTERNATIONAL INDIGENOUS -PRINTS - LAND CLAIMS - T-SHIRTS - LEATHER WORK -ART -MASKS - CHILDREN'S BOOKS ACCEPTED CONSIGNMENTS CRAFTS CONSIGNMENTS ACCEPTED BOOKS -BEADWORK -POETRY -POWWOW MUSIC CALL, WRITE OR DROP IN TODAY! 18 - AND MUCH MORE! 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: logston@web.net -@ 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  UBCIC NEWS UNION OF B.C. 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