Periodical
Union of B.C. Indian Chiefs Newsletter (Winter 1996)
- Title
- Union of B.C. Indian Chiefs Newsletter (Winter 1996)
- Is Part Of
- 1.06-01.08 Union of BC Indian Chiefs Newsletter
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- December 1996
- Language
- english
- Identifier
- 1.06-01.08-07.03
- pages
- 14
- Table Of Contents
-
INSIDE THIS ISSUE...
2. Message from the President
3. Royal Commission on Aboriginal
Peoples
4. Health
5. IIG / Resource Centre Update
6. Indian Water Rights in B.C.
7. The U.N. Declaration on the Rights of
Indigenous Peoples
8. Legal Update
9. Treaty 8 Tribal Association
12. "QATUWAS-PEOPLE
GATHERING TOGETHER"
13. The David Suzuki Foundation - Contributor
- Chief Saul Terry
- David Roth
- Type
- periodical
- Transcription (Hover to view)
-
Union of B. C. Indian Chiefs
NEWSLETTER
WINTER 1996
IRWIN IGNORES OVER 70% OF FIRST NATIONS
Intends to Proceed Unilaterally with Indian Act Amendments
V A N C O U V E R , December 3, 1996 - The
federal Liberal government, under the
direction of Indian Affairs Minister, Ron
Irwin, has proposed significant changes to
the Indian Act. The proposed changes will
significantly alter the relationship between
Indian Peoples and the federal government.
The proposed changes will drastically
INSIDE THIS ISSUE...
2. Message from the President
3. Royal Commission on Aboriginal
Peoples
4. Health
5. IIG / Resource Centre Update
6. Indian Water Rights in B.C.
7. The U.N. Declaration on the Rights of
Indigenous Peoples
8. Legal Update
9. Treaty 8 Tribal Association
12. "QATUWAS-PEOPLE
GATHERING TOGETHER"
13. The David Suzuki Foudation
WINTER 1996
reduce the fiduciary duties owed by the
federal government to Indian Peoples, do
not recognize the inherent aboriginal
right of self determination, nor do they
restructure the relationship between Indian
nations and the federal government to
one of equality. Indian Peoples have said a
resounding " N o " to these changes.
Minister Irwin continues to refuse
to heed the voice of the Indian Peoples.
Resolutions and letters from over 70% of
First Nations in Canada have clearly rejected
the proposed amendments. The Minister
deems Indian Peoples' rejection of the
proposed changes irrelevant and is
determined to push these through the House
of Commons.
Indian Peoples have stated very
clearly that fiddling with the Indian Act
will not rectify the situation in which Indian
Peoples f i n d themselves today.
Restructuring the Indian Act will not
recognize our inherent right to self
determination nor our aboriginal title and
right to our ancestral Lands. With these
changes the federal government is imposing
a policy of self administration and self
termination.
Even the Report of the Royal
Commission on Aboriginal Peoples,
released November 21, 1996, which the
federal government spent a considerable
amount of money on, clearly states that
amendments to the Indian Act are not the
solution and that the only means of
improving the situation of Indian Peoples
is a fundamental restructuring of the
relationship between the Canadian
government and Indian Peoples.
Minister Irwin avoids dealing with
the substance of why the situation of Indian
Peoples' political, social and economic
misery does not change. Instead of rolling
up his sleeves and addressing the real
problems with real solutions, he simply
pays lip service to the problems faced by
Indian People by proposing these changes.
He hides the truth while he seeks title to
our homelands. He denies our voice and
any real hope of substantive and lasting
change, instead choosing to proceed with
his unilateral and assimilationist policy.
The M i n i s t e r is using every
manipulative tool, including a few of our
leaders, to impose these changes.
The only solution to the problems
faced by Indian Peoples is for the federal
government to accept our right to self
determination and recognize our title and
rights to our ancestral lands. We must act
now. We will be heard. There is no other
way.
Since the Minister is not telling his
caucus the truth - we must do that ourselves.
The UBCIC is calling on all peoples to help
stop the manipulation, denial and avoidance
of real solutions. Write, fax, and/or phone
the Prime Minister and your member of
parliament at their constituency offices or
to their offices in Ottawa.
Contact: Chief Saul Terry, President
(604) 684-0231
INDIAN ACT AMENDMENTS
(Continued on page 8)
1
UBCIC NEWS
Message From
The President:
Dear
Editor:
Much has been and
continues to be made in
the print, audio and video
media of the B.C. Treaty
Commission. So much
time, money and effort
expended on the process.
The B.C. Treaty Commission, however, is seen by
many of our Peoples as
simply another termination
initiative to have our
people to utterly and completely surrender to Canada. It is
another government designed S.W.A.T. (Special Words and
Tactics) to distract us from the real issue of attaining selfreliance, self-determination and decolonization.
When we stop and look about at the political statements on policy and legislation, one can not help but
shudder at what we are permitting to go on. M r . Chretien,
now Prime Minister, was determined in 1971 to implement
the White Paper Policy regardless of our opinions and
aspirations, by using different approaches, at different
paces, with different groups, at different times. So when
we stop and take that look about, that is exactly what we
see. A l l the governments' terms of reference to negotiate
the unresolved Land Question in British Columbia are
based on the extinguishment of Title for money, and recognition of our Title is rejected as a basis of agreement.
Indigenous Peoples authorities are to be based on nonIndian institutions. Self-determination is to be rejected and
self-sufficiency is to be realized only through employment
or prudent money management of fixed settlement dollars.
Provincial participation in all negotiations is made essential, so we do not have a nation-to-nation treaty-making
process but a process for a tripartite agreement with a local
government holding a veto power over our title, rights and
interests. If they can be called treaties, then they are
treaties of total capitulation and I know our people cannot
accept that. The cabinet document of 1979 (outlining the
Liberal strategy for termination), the Nielsen Task Force
recommendations of 1985 and the Charlottetown Accord of
1992 all display a similar strategy and intent to weaken and
discredit Indigenous Peoples. Such termination policies
outlined an unwillingness to waste time with unacceptable
matters such as Title, and Self-determination. Also to be
avoided are those people committed to fighting for Indian
2
"Public relations S.W.A. T. Teams, especially for
the federal government, are in constant overtime to show government proposals as fair,
just, generous and economical."
Rights but encouragement is offered to those willing to
deliver government-designed programs. Negotiation
time-limits are set and enforced by threats of legislated
settlements. Public relations S.W.A.T. teams, especially for the federal government, are in constant overtime to show government proposals as fair, just, generous and economical.
This then is the legacy that the B.C. Treaty
Commission brings, the continued policy of termination
through its modem beads and trinkets settlement agreements. It is a bogus treaty making process.
Chief Saul Terry
President
UBCIC CHRISTMAS OFFICE
CLOSURE
The Union of B.C. Indian Chiefs offices
w i l l be closed for the Christmas Break
Monday, December 2 3 , 1 9 9 6 and w i l l Reopen on Thursday, January 2nd, 1997.
The Members, Executive and Staff of
the Union of B.C. Indian Chiefs wishes you
all a Peaceful, Safe and Happy Holiday
Season.
We look forward to working with you
all in the New Year for the recognition of our
Aboriginal Title & Rights and the betterment
of our Peoples...
WINTER 1996
Royal Commission on Aboriginal Peoples
R O Y A L COMMISSION ISSUES A C H A L L E N G E
November 22, 1996 - Ottawa - Yesterday the Royal
Commission on Aboriginal Peoples released its final report. It calls
for a fundamental change i n the relationship between Indian
nations and Canada, one that would turn dependency into
productivity and prosperity. The eyes of the Indian citizens and of
Canadians are now upon their respective governments. Major
changes are expected, but once again it is dependent upon the
political will of the federal government.
The Indian Peoples of British Columbia are united in
calling for Minister Ron Irwin to abandon his proposed Indian Act
amendments, and deal instead with the substantive issues
recommended by the Royal Commission on Aboriginal Peoples. If
this were done, the political, social, economic, cultural and spiritual
violation which our families have endured for generations may be
alleviated.
The near annihilation our people by federal policies such as
the Indian Act of 1876, the anti-potlatch laws of 1884, the Buffalo
Jump policies of the 1980's, and the current off-load-and-run
policies of the current federal government must cease.
Immediate dialogue with our nations must begin. Our
nations are ready.
We agree with the Commission in their view that substantive
progress cannot take place with - or through- the Department of
Indian Affairs. It is badly tainted with colonial history and does not
have the confidence of our Peoples, or the capacity, to address the
fundamental changes which the Commission has called for.
The position of the Union of B.C. Indian Chiefs took after
the White Paper of 1969, and which we have maintained since that
time, has been vindicated by this report. For example, the
Commission has rejected the notion that extinguishment is the
price to be paid for resolving the Land Question. It has stated that
treaty-making is the "exclusive preserve of nations", and added
that to do otherwise' 'would detract from the nature of treaties and
the integrity and status of the nations that make them.''
The process currently being promoted in British Columbia
by the Liberal government will result i n less-than-treaties. In the
Commission's final report, they are referred to as merely "Intergovernmental agreements" - not authentic nation-to-nation
agreements. This is not what our elders and past leaders struggled
so hard to protect.
Our people must have a close look at the recommendations
contained in this five volume document. It is the blueprint for
profound changes. We the citizens of our Indian nations, together
with the Canadian public, cannot permit the Commission's final
report to collect dust Too much is at stake, especially for the youth
who must bear the burden of assuring the survival of future
generations. We all have a responsibility to rise to the challenges
that face us, and the Royal Commission has focused the dialogue
on many of the fundamental issues.
We look forward to discussing these issues with our elders,
our youth, and all of our citizens in the weeks to come, so that
together we can press the federal government to embrace a new
path.
-30Contact: Chief Saul Terry, President U B C I C (604) 684-0231
Assembly of First Nations Responds to Royal Commission Report
November 21, 19% - The National Chief of the Assembly of First Nations, Ovide Mecredi, called the Royal Commission
Report on Aboriginal Peoples, "Too valuable to ignore, too far-reaching to disregard, and too historic to neglect. The commission
report represents the last chance this century to achieve economic equality and social justice for aboriginal peoples," said Chief
Mercredi. "It is a good opportunity for Canadians to end a century of dishonour".
The report, entitled "People to People: Nation to Nation" is the "most comprehensive consultation, extensive research and
detailed analysis ever sanctioned by the Government of Canada", said Chief Mecredit. "For First Nations peoples, the report can
only inspire hope for the future. If ther is political will on the part of the government to succeed where others have failed, this report
can provide the blueprint for recovery."
National Chief Mercredi said that Prime Minister Jean Chretien must now meet with the First Nations' leadership to ensure
that the report is acted upon. "Recentiy, the Prime Minister has shown international leadership to end hardship in foreign lands,"
said Chief Mecredi. "We are confident that he will show the same attention to help improve conditions for aboriginal peoples here at
home."
"I will convene a Nation-to-Nation Summit on January 21-23 as a first step to begin implementing this report," said the
National Chief. "On behalf of First Nations and over one million aboriginal peoples, I invite the Prime Minister to attend and
represent the people of Canada." Chief Mecredi said a formal invititation to the Prime Minister and the Cabinet to attend the
summit will be extended on Tuesday, November 26 at the end of a Special Chiefs' Confederacy Meeting.
AFN PRESS R E L E A S E (Continued on page 7)
WINTER 1996
3
UBCIC NEWS
HEALTH REPORT
In the 1995-19% fiscal year, the Indian communities
discovered that there were changes to their health benefits.
Health and Welfare, Canada failed to notify aboriginal peoples
regarding their plans. The Union of B.C. Indian Chiefs organized to inform as many aboriginal citizens as possible - both on
and off-reserve. A Health Bulletin was produced and mailed to
them. Up to 70 concerned aboriginal people came to the Chiefs
Council meeting on March 13th and marched to the Medical
Services Branch offices in Vancouver to confront the Regional
Director regarding cut-backs to the Non-Insured Health Benefits.
People were assured that immediate changes were made
only to the dental services. Updates were mailed out on April
11th and May 2nd. The UBCIC Newsletter carried the issue
and was distributed widely. On May 9, 1996 a press conference
was called. At least another 50 aboriginal people including
Chiefs attended. On July 5th a pressreleasewas issued by the
Union of B.C. Indian Chiefs and the Indian Homemakers
Association of B.C. during the International AIDS Conference
to announce cutback to health services to aboriginal people
while the AIDS virus is spreading in the Indian communities.
This press release was distributed to delegates of the Indigenous
peoples session at the First Nations House of learning at the
University of British Columbia. The last update on the NTHB
issue appeared in the UBCIC Newletter in August.
Letters have been written to David Dingwall, Minister of
Health and Welfare, Canada; Mr. Larry McCafferty, Regional
Director of Pacific Region for Medical Services Branch; and the
Human Rights Commission in Geneva, Switzerland. Petitions
were signed by aboriginal people both on and off-reserve and
included in the package to the Human Rights Commission.
This year the Union of B.C. Indian Chiefs submitted a
budget proposal for a Health Services Monitoring Program in
B.C. Larry McCafferty, Regional Director rejected this proposal despite the fact that his department budgeted and committed $123,000 for consultation and liaison work.
It was interesting to learn that the Canadian Dental
Association were not consulted and that the changes also came
as a surprise to the insurance carriers who administer the plan.
The Medical Services failed to meet or even discuss changes to
the dental plan with dentists across the country.
The following gives a good example of some calls to the
UBCIC:
1. Members of an Indian Band who were invoiced for
the amount not covered or paid by insurance and told it is the
patient's responsibility.
2. A patient, living off reserve, has terminal illness.
This patient requires counselling to deal with the situation.
Medical Services wrote to the doctor stating "MSB's mandate in
this area is to provide funding for service only as a last resort
where other ministries' mandates or statues do not provide
coverage. Services we fund must be crises-oriented and short
term; the Branch has no authority to provide funding for ongoing support or counselling".
4
3. A letter from Masset in which the family expressed
concern that in order toreceivehealth care, they must reside on
areserveand yet they have been waiting four years to get a
house on their reserve. They also have a son with allergies.
They state that they feel discriminated against because they
cannot receive any benefits from living on the reserve and
cannot live onreservefor lack of housing.
4. Copy of a prescription from a clinic whichrefusedto
process it after calling MSB for authorization.
5. Copy of statement mailed to family of a student who
had a physical examination in order to participate in interscholastic athletics at school.
6. Invoice sent to patient, off-reserve, because his
medical plan stated that his coverage was cancelled.
7. Many phone calls from people who were embarrassed
when they went for dental or medical exams and were told there
was cut-backs to their health benefits.
The UBCIC received copies of letters from a dental
association to Indian bands in Ontario in which they were told
that they would have to pay up front with cash, cheques or
charge cards.
The Assembly of First Nations held several national
meetings to address this issue. As of this date, they informed
the UBCIC that more cut-backs are pending.
Re: Canada Changes Position on
Self-Determination and "Peoples"
To: Ovide Mercredi, National Chief
From: Rolland Pangowish (In Geneva)
Date: Oct 3 1 / %
1. Canada is now announcing an official change in its
position. It will now use the term "Peoples", both with
the respect to the Draft Declaration and in all other
respects, including domestic use.
2. Canada will also support "Self-Determination",
except it is qualified that it does not entail
' 'dismemberment'' of existing states and respects
"territorial integrity". Also involves "negotiations"
(i.e. "self-gov't.).
3. The Draft Final Report of this Session appears to
include all the points raised by the Indigenous Caucus
regarding equal participation. Next battle will be at the
Commission on Human Rights, where states opposed
may take moves against.
~ Further updates to follow on Friday.
c.c.
Perry Belgarde
International Instruments Cttee.
WINTER 1996
UBCIC NEWS
Institute of Indigenous Government
NEWS FROM THE
UBCIC RESOURCE CENTRE
Extension Programs
The Institute of Indigenous Government is committed to
expanding extension and off-campus programming to enhance
First Nations' access to unique education programs in British
Columbia, Canada, and around the world. The IIG's goal is to
deliver up to 80% of our courses "off-campus" in regional
centers and Indigenous communities through the extension
program and by innovative distance learning strategies.
The Institute of Indigenous Government is the first in
Canada to have independent power to grant a one-year Certificate and a two-year Associate of Arts degree in Indigenous
Government Studies. A four-year Bachelors of Arts degree is
expected to commence within the next 3 years.
The IIG's first extension program commenced in the
Spring of 1996 at the Saanich Nation Adult Education Center.
The extension arrangement enables students from the Saanich
Nation to access instruction, student development workshops,
and community support while pursuing their post-secondary
studies. Elders from the community have enriched the courses
through their cultural, social and spiritual guidance to the
students and staff.
The second extension program started in the Fall of 1996
at Lillooet, B.C. Majority of the students are employed fulltime in the community while taking a full day of instruction one
day a week. IIG is committed in providing quality programs to
communities who are interested in establishing an Extension
Program. If you would like more information about the Extension Program, courses, enrollment criteria, transferable, equivalency credits or potential locations, contact:
Jennie Blankinship, Director of Extension Programs
342 Water Street, Lower Level
Vancouver, B.C. V6B 1B6
Phone (604) 602-9555
Fax (604) 602-3432
UBCIC Newsletter Deadline
If you have any material that you would like to see in the
next edition of the Union of B.C. Indian Chiefs Newsletter, please forward to our Vancouver office by fax or
mail as soon as possible to the attention of "UBCIC
NEWS LETTER". We would appreciate the volume of
information be kept to a minimum so others can benefit
from this service. Please do not fax business cards.
Suggestions or comments are always welcome. Next
deadline is January 15, 1997. Remember, our new
address is 5th Floor - 342 Water Street, Vancouver,
B.C. V6B 1B6. Our phone and fax number remain the
same. Phone (604) 684-0231 Fax:(604) 684-5726.
WINTER 1996
Recent special visitors to the Resource Centre
include Renae Morisseau, singer/film producer;
twenty Chilean professors; a small group of Ainu
people from Japan; and First Nation researchers
from all over B.C.
For researchers, we recently put RG-10 Finding
Aids on one of our computer workstations so that
these Finding Aids can be keyword searched and we
have ordered several new reels of RG-10 film. We
have also acquired the reels of film from the Surveyor
General of B.C. which hold the Indian reserve
survey maps for the province.
A new First Nations business magazine is
being published out of Vancouver and just came out
with its second issue. Twelve issues of First Nations
Business can be subscribed to for $45. Subscription
requests can be sent to 526 - 119 West Pender,
Vancouver V6B 1S5. Phone (604) 669-5208 FAX
488-1251. The publishers welcome submissions.
Everyone who has seen it in our Resource Centre
has commented on the professional quality of this
new magazine.
The final report of the Royal Commission on
Aboriginal Peoples will be out before the end of
November. We tried to reserve free copies through
the RCAP office but were referred to Canada
Communications, the federal government's
publishing office in Ottawa. The cost of the report
has not been made public When the newspaper
reports that the publication is available, contact:
Canada Communications Group, Publishing
Division, Ottawa. Phone: (819) 994-5389 or, if you
live near a centre where there is a University or
large enough bookstore, they may carry copies.
A word of personal advice from the Library
staff for those who have important documentation
on their computer hard drives...make sure you
backup regularly. We experienced the dreaded hard
drive "crash" but a magnetic tape backup made on
a daily basis saved our information. What might
have been a disaster was only a short term
inconvenience because we had a full backup for the
hard drive.
I suspect that we wont get out another issue
of the Newsletter before Christmas so the Resource
Centre staff want to take this opportunity to wish
everyone a Safe and Happy Holiday Season.
5
UBCIC NEWS
INDIAN WATER RIGHTS IN BRITISH C O L U M B I A
The
history of
Indian water rights
in B.C. is the history
In that same sixty year period the provincial economy
was increasingly dominated by industrial production
and commercial agriculture and Indian peoples hadgone
from 70% - 4% of British Columbia's population.
of the provincial
government's refusal
to allot Indian water rights and the government of Canada's
failure to act within its power to assert those rights. From the
1860s to the 1920s the governments of British Columbia and
Canada "managed" water rights i n a manner that effectively
negated B . C . Indian Nations' access to and control of precious
water resources.
As early as 1859 the Colony of British Columbia had
developed a water rights policy of sorts. The policy stipulated
that users of water (for the most part gold miners) had to
register their right to water with the local magistrate or Gold
Commissioner. This served to limit disputes over access to
water and maintain order in the gold rush period. Indian water
rights did not concern Colonial Administrators; their primary
motivation was an orderly exploitation of mineral resources i n
the " G o l d Colony".
In 1871 British Columbia became part of Canada and
almost immediately a debate ensued between the province and
the federal government regarding the allotment of Indian
Reserves. The province insisted that the federal government's
allotment policy was too generous while the federal government
claimed that the provincial allocations were too small. The
ongoing debate resulted, in 1876, in the formation of a joint
federal-provincial body called the Indian Reserve Commission
which was empowered to allot Indian reserves in B.C.
The Indian Reserve Commissioners allotted many Bands
water rights along with land, especially in the interior where
assured access to water was crucial to agricultural activities. In
1878 the Indian Reserve Commission approached the province
in an attempt to ascertain the legal status of the Commissioner's
water allotments. It received no reply.
In 1884 the British Columbia legislature finally
articulated its stance when it approved a Land Act that made
absolutely no provision for Indian water rights. In December of
1884 B.C.'s Chief Commissioner of Lands and Works told
federal officials that individual Indians could apply for water
rights under the Land Act like any other British Columbian, but
that the Indian Reserve Commissioners "had not the slightest
authority to confer any rights to water upon the Indians". In
1888 the province amended the Land Act to allow for reservebased water rights on any unrecorded and unappropriated
water applied for under the Act. It is important to note that the
amendment still did not accept the earlier rights granted by the
Reserve Commissioners; it only stipulated that as of 1888
applications for water rights coming from Indian Reserves
would be considered by the province. While federal officials
stated their opposition to provincial policy, they made no effort
to force the p r o v i n c e , through p o l i t i c a l pressure or
6
constitutional
measures, to reverse
its position. Under
provincial
legislation water
rights were
administered by the Water Rights Board of Investigation. The
Board decided on the amount of water any applicant would
receive based on the amount of water available from a given
source and the priority of the application (applicants were given
priority on a given water source based on the date of their
application). However the Board of Investigation refused to
deal i n any substantive way with Indian water rights until 1921
when the province, after forty-plus years, passed the Water
Claims Act.
The Water Claims Act did not recognize any Indian
water claims based on Indian Reserve Commission allotments.
Instead the act stipulated that it would utilize lists of Indian
water rights submitted by Indian Agents in the 1888-1889
period to make water rights allotments to Indian Bands. These
lists usually included the Reserve Commissioner's water
allocations but in many cases errors were made in the transfer
of information. Furthermore, the Board of Investigation was
not i n any way bound by the earlier allocations. The 1888 lists
were considered but the Board's final decision was also based
on the status of existing licences, water availability and
beneficial use. This often resulted i n a significant reduction of
the water right initially allotted by the Indian Reserve
Commission.
From the 1860s to the 1920s, successive colonial and
provincial administrations had steadfastly refused to
acknowledge Indian peoples right to water resources. In that
same sixty year period the provincial economy was increasingly
dominated by industrial production and commercial agriculture
and Indian peoples had gone from 70% to 4% of British
Columbia's population. In tight of these developments the
Water Claims Act was criminally inadequate. The federal
government's performance was no better. In a period when the
Dominion Government was willing to fight constitutional
battles on such issues as French language rights i n Ontario,
New Brunswick and Quebec and control of forests, streams and
rivers in Ontario it could not garner the energy, money or
political will to battle British Columbia on the issue of Indian
water rights.
Even after water licences were finally issued to Indian
Bands secure access to water was not assured. Water rights
legislation has never recognized an aboriginal right to water nor
has traditional use of water resources ever been a consideration
in licensing. This has meant that water licences can be reduced
or lost i f a Band does not meet the criteria of "beneficial use".
Beneficial use in this context means water for domestic use or
INDIAN WATER RIGHTS (Continued page 7)
WINTER 1996
UBCIC NEWS
INDIAN WATER RIGHTS (Continuedfrompage 6)
for narrowly defined European style agriculture. In the 1930s
and 1940s many Indian Bands lost water licences when DIA
failed to construct the water works needed to meet beneficial use
criteria. Sometimes DIA simply allowed licences to lapse and
in other cases licences were lost or reduced if water inspectors
judged that Indian Bands did not have enough land under
agricultural production to justify the water licence.
The history of Indian water rights in B. C. in many ways
parallels the history of Indian land in the province. It is the
same old story of arrogance and disregard of Indian peoples,
their land and their resources. As Chief Saul Terry has
previously stated, "today, as in years past, Indian water rights
mean survival for our people and our future generations".
Understanding the history of Indian water rights will help in
protection and extension of Indian water rights in the future.
Publications
Indian Water Rights in British Columbia, UBCIC (1991).
Since Time in Immemorial: Indian Water Rights in British
Columbia, Susan Abs, Indian Water Rights Committee (1989).
Want to learn more about your Band's water rights?
* The provincial Water Management Branch can provide
you with information regarding licences held by your Band.
There is a fee for computer time but it is not prohibitively
expensive. Telephone (250) 387-5981
* If you believe that the Department of Indian Affairs
has not effectively protected your water rights the Union of B.C.
Indian Chiefs Specific Claims Department can research the
issue on your behalf at no cost to your Band. Contact UBCIC
Specific Claims at (604) 684-0321.
What can you do to protect the water rights you now hold?
* Learn as much as you can about the provincial water
rights process. Knowledge of the system allows for the
development of strategies that will help you protect your rights
and fight for change.
* Designate a contact person at a Band or Tribal Council
level to deal with water rights issues. This person would keep
track of existing licences as well as be knowledgeable regarding
the history of the Band's water rights in order to protect those
that now exist and attempt to regain those rights lost.
* Ensure that the ' 'beneficial use'' criteria is met. Until
such time as the system of licensing is changed the province has
within its power the right torevokewater licences where water
use criteria is not met.
David Roth, UBCIC Research
THE U.N. DECLARATION O N THE
RIGHTS OF INDIGENOUS PEOPLES
The Union of B.C. Indian Chiefs held their 28th Annual
General Assembly on October 23-25, 1996 at which time the
United Nations Declaration on the Rights of Indigenous Peoples
was to be discussed and ratified i f necessary.
In the meantime, meetings were being held i n Geneva,
Switzerland by the U . N . Inter-Sessional Working Group on the
U . N . Draft Declaration on the Rights of Indigenous Peoples. After
two days of discussions, Indigenous participants agreed to present
a proposal to the chairman suggesting that the existing declaration
be immediately adopted without changes or amendments. This
was ignored by the chairman and States representatives. Several
attempts were made to reintroduce the proposal by other Indigenous
delegates but were dismissed by the chair. This left no alternative
but for the Indigenous delegations to leave the proceedings. They
did not want States to dilute or change the Declaration.
A message was received at the Union of B.C. Indian Chiefs
Assembly on Oct. 23 rd and a letter of support was immediately
released to the Indigenous delegates in Geneva.
The delegate for the Assembly of First Nations issued an update on October 31,1996 reporting that Canada announced it will
now use the term "peoples" and support "self-determination".
However Canada qualified this by requesting development of a
common understanding, consistent with evolving international
law, of how this right is to apply to indigenous collectivities, and
what the content of this right includes. Canada stated further that
the right shall not be construed as authorizing or encouraging any
action which would dismember or impair, totally or i n part, the
territorial integrity or political unity of sovereign and independent
states. Canada's position to the Inter-Sessional Working Group is
that self-government be based on negotiated agreements and that
their jurisdiction and authority are exercised in harmony with those
of other governments. While Canada claims that it is sensitive to
the importance of collective rights and responsibilities in indigenous
societies, Article 34 which addresses this issue, could be interpreted
as subordinating the rights of the individual to those of the
collectively.
// is important for the Union of B.C. Indian Chiefs to
adopt the Draft Declaration on the Rights of Indigenous
Peoples in order to maintain international ties between
Indigenous Nations against States Governments who continue
to allow destruction to the lands, resources and way of life
A F N P R E S S R E L E A S E (Continued from page 3)
The Confederacy meeting, which will be attended by over 100
aboriginal leaders from across Canada, will review the royal
commission report. A special press conference will be held on
that day to provide an in-depth response to specific recommendations contained in the report.
For additional information please contact Jean LaRose at (613)
241-6789, ext. 251
WINTER 1996
7
UBCIC NEWS
LEGAL UPDATE
Opetchesaht Appeal:
Supreme Court of Canada
The sole issue which the Court must decide is whether a
Section 28(2) permit is valid if it is worded so as to allow for a
third party to use reserve land for as long as the land is needed
for a stated purpose. Before the court in Opetchesaht was a
permit to B.C. hydro which was issued by the Minister with the
consent of Chief and Council to run for as long as Hydro needed
the land for a transmission line.
The case argued on behalf of the Opetchesaht Band, and
on behalf of the Union of B.C. Indian Chiefs member bands was
that such a permit is null and void because it does not state
clearly a reasonable and definable time for the permit to end.
As worded, the permit grants an indefinite interest in reserve
land to a third party. This kind of interest, we argued, can only
be granted through the surrender provisions of the Indian Act.
Counsel for the Opetchesaht Band, also argued that such an
interest in reserve land may be validity taken through the
expropriation provisions, but on behalf of the UBCIC, I did not
joint this argument. We argued that because the permit was bad
from the beginning, the hydro line is in trespass. This situation
could only be remedied through renegotiation of a s.28(l)
permit with a fixed term, or by the company acquiring the land
through a valid surrender. Should neither events occur, the
company would berequiredto remove their lines, and relocate
them off the reserve.
Against us was Canada, B.C. Hydro, and a coalition of
other utility companies, all of who hold Section 28(2) permits to
use land on Indian reserves.
The UBCIC intervention raised a number of points
which the court clearly listened to. Our main points were these:
- At a time when the permit was entered into 37 years
ago, no one knew at that time, nor does anyone know today,
when the permit would end. (Mr. Justice Cory put the question
directly to Canada as well as to B.C. Hydro whether they could
say when the permit would be terminated, and neither could
say.)
- The word "period" within the meaning Section 28(2)
must mean a passage oftimewith a fixed termination point,
and not a period of time which is never ending. B.C. Hydro's
permit amounted to an alienation of an interest in reserve land.
This kind of alienation could only be affected by a surrender.
This is so, because as a matter of common law and statute, it is
Band members who hold a collective interest in the reserve.
Chief and Council is not the owner, and has no power by
themselves to alienate an interest in reserve.
Since as far back as the Royal Proclamation of1763,
and reflected in the Indian Act, the surrender provisions have
been provided the process for Band members to consent to the
alienation of their collective interest. The surrender provisions
are conspicuously fair.
Chief and Council does not have the authority to independently give consent on behalf of the Band to alienate an
8
interest inreserveland. Chief and Council's authority is
circumscribed by the collective interest of the Band members in
reserve land, a well as Crown fiduciary obligations which are
embedded in the surrender provisions.
B.C. Hydro and Canada argued that it is beneficial for
Indian people that the court interpret Chief and Councils power
broadly, so as to permit Chief and Council to consent to such an
alienation. In reply , we pointed out the hollowness of this
position by reference to the permit in issue. The Band averaged
$3 per acre per year if the permit was to terminate immediately.
How can this interpretation of the Indian Act be for aboriginal
people's be good?
Finally, we addressed Canada and B.C. Hydro's concern
that the Court ruling against them would be prohibitively costly.
We pointed out that aboriginal people get nothing from the
permits, and there is no way torenegotiatethe permits based
on the changed circumstances which will have occurred with
the passage of time. We were left with the impression that the
court would not be taking a great deal oftimeto render a
decision.
INDIAN ACT AMENDMENTS
This year, the Minister of Indian and Northern Affairs
made a commitment to proceed with his initiatives to amending
the Indian Act.
Through the summer, Indian leaders met nationally and
submitted a resolution to the Minister of Indian Affairs
demanding to halt his amendment process. The majority of
Indian people did not know of the amendments as consultation
with them had not taken place.
There is no doubt that the Indian Act requires changes
but options that are Indian driven must be considered by the
people. Our options encompasses our goals towards selfdetermination through the recognition of our Aboriginal Title
and Rights.
Meetings were held between Department of Indian
Affairs officials and the Chiefs Committee on Enforcement of
the First Nations-Crown Relationship. At a second meeting on
November 22, 1996 in Ottawa, the Chiefs were told that the
Minister of Indian Affairs had every intention of going ahead
with the amendments. There are up to 60 proposed amendments
and are very dangerous to the aboriginal and treaty rights of our
Peoples.
On November 26, 1996 the Confederacy of Nations
(A.F.N.) passed a resolution calling for the dismissal of the
Minister of Indian Affairs because he is not listening to our
message. The resolution expressed the Indian leadership's lack
of confidence in the Minister.
The relationship between the Federal Government and
the Indian Nations has been driven further apart by the actions
of this Minister. This Liberal government must support the
directions and goals of Indian Peoples.
WINTER 1996
UBCIC NEWS
TREATY 6 TRIBAL
ASSOCIATION
Cantor Mistaking notification for Consultation,
Say Treaty 8 Chiefs
for immediate release
November 28,1996 — In the wake of yesterday's confrontation between Natives and Canfor northwest of Fort St. John, at
which Treaty 8 First Nations stopped a logging crewfromproceeding into an area claimed by them, Tribal Chief Judy Maas
declared the renewed determination of the Halfway River First
Nation to stop the planned cutting.
"We're not going to give up, and we're not going to go
away," she said. "We have nowhere to go; this is our home."
According to recent press reports, Canfor explained they
only want to cut based on the permit the Ministry of Forests issued
to them, and felt the Halfway River First Nation had been adequately consulted. To this, Maas answered, "Canfor and the
Minstry of Forests seem to be mistaking "notification' for 'consultation.'"
"I have a stack of letters to the Ministry of Forests and to
Canfor protesting the planned logging in this small area. For two
years now, we have been telling them this place is vital to the
continued exercise of our treaty and aboriginalrights,and for two
years they have been ignoring or dismissing us." Maas said that if
people were looking for someone to blame the confrontation on,
they need look no turner than the Ministry of Forests, "They issued
the permit illegally, over our objections, so what did they expect?"
Maas also sought to allay concerns the public may have
about the economic impact of the protest, "People have expressed
concern that our opposition to a couple of cutting permits will cost
jobs. What they don't understand is that these permits constitute
only 3.4% of Canfor's five yeare plan in the Fort St John Forest
District alone, and only afractionof 1 % of their overall timber
supply." Maas said Canfor could easily get replacement cut blocks
in less sensitive areas if they wanted to. Regardless, she felt that
the costs to the Halfway River Native people would be far greater
than to Canfor's profit margin. "It's only afreactionof 1% to
Canfor, but it's everything to us. This patch of land is our grocery
store, our bank, our drug store, and our home."
"I find the Ministry of Forests' and Canfor management's
insensitivity and callous disregard for Native people just obscene,"
she said.
Maas constrasted the insensitivity of Foresty and Canfor
management to the respectful way in which Canfor employees
treated the Native people at the blockade. "When we explained
our position, and why we could not allow them to pass, the Canfor
workers shook hands with us in mutual respect and understanding
that each of us was doing what we had to."
Halfway River First Nation Chief Bemie Metecheah hoped
for similar understanding from the public. "People have to
understand we don't protest every cutting permit. We're only
interested in sustainable, environmentally responsible development
which respects ourrightsand specialtiesto our land." Metecheah
pointed out that his band's membership enjoyed constitutionally
WINTER 1996
protectedrighrtsto the land Canfor wants to log out, and that those
rights become meaningless if the land is destroyed "Wedon'twant
complete moratoriums, only a little resepect."
Metecheah also asked the public to re-consider their
stereotypes of Indians and Indian blockades. "People think First
Nations are 'anti-development.' The opposite is true. Native
people have as much stake in the local economy as anyone else;
perhaps even more because we are in Northern B.C. to stay."
Metecheah added that, while a healthy economy is important,
"because of our spiritual and culturaltiesto this land, we're also
worried about the sustainability of our economy. When the last
tree is gone, and the last stream is polluted, we cant just retire and
move to Florida."
"Don't underestimate our determination to see this out," he
concluded.
Contact:
Tribal Chief Judy Maas, Treay 8 Tribal Association
(250)785-0612
Chief Bemie Metecheah, Halfway River First Nation
(250) 772-5058
JOB POSTING
Joint Policy Council Technician
The Union of B.C. Indian Chiefs requires a full-time Technician
Coordinator to work with the Chiefs Council in the on-going development
of the Joint Policy Council (JPC). Established in 1993 by the Union of
B.C. Indian Chiefs and the Province of British Columbia, the purpose of
the JPC is to identify a range of issues that require resolution through
mutual development of policies which do not derogate from the bilateral
nation-to-nationrelationshipbetween Indian Nations and the Government
of Canada and to improve the social, economic and cultural life of the
Indian Nations in British Columbia.
Responsibilities:
- to recommend agenda items to the UBCIC Chiefs Council;
- to undertake technical analysis, research and development activities to
further the objectives of the Joint Policy Council;
- to prepare issue memoranda on specific agenda items as directed by the
Chiefs Council;
- to prepare options and set our recommendations for the resolution of
policy issues between the Parties;
- to establish and corrdinate small working committees as required;
- to monitor on-going provincial policies affecting First Nations.
Qualifications: Must have:
- University degree and experience in political science and history,
- highly developed analytical, research and communication skills with the
ability to draft background documents, option reports/proposals and
memoranda as required;
- sound knowledge of Indian governments, goals of the UBCIC and the
principles of the Aboriginal Title and Rights position.
Closing Date: December 20, 1996
Salary: Negotiable
Mail/Fax Resumes to:
Union of B.C. Indian Chiefs
Halie Bruce, Administrative Assistant
5* Floor, 342 Water Street
Vancouver, B.C. V6B 1B6
Fax: (604) 6S4-5726
9
UBCIC NEWS
Indian Homemakers
Association of B.C.
Traditional Parenting
Skills Program
"WELCOME FIRST NATIONS WOMEN"
Developing Positive Indian Parenting Skills Through:
Personsal Development - Family Roots, Co-dependency,
Talking Circle, Self Worth, Self Esteem.
Life Skills - Anger Management, Family Violence, Problem
Solving, Communication, Budgeting, Nutrition.
Parenting Skills - Family History, Family Roles, Parent/Child
Relationships, Early Childhood Education.
Cultural Awareness - Native Spirituality, Beliefs/Values,
Physical Fitness (Sing/Dance), Sewing, Honouring Our Children, Basic Native Concepts/Teachings/Principles.
AMBUSHED
The Legal Services Society Board made a decision to
discontinue their funding to one of our Aboriginal
organizations, The Vancouver Aboriginal Justice Center
Society.
The Justice Center had provided legal advice and
services to Aboriginal people in need since 1994. The Center
primarily serves the Lower Mainland's Aboriginal population
of over 100,000, as well as Aboriginal people from across the
country. This unique Aboriginal Organization is the only
Aboriginal-specific service of its kind in the lower mainland.
Our Brother and Sisters need your help at this time.
We are the most over represented people in the Canadian
Justice system and services like the Justice Center can help
alleviate this huge problem. We cannot allow this necessary
service be lost to bureaucratic red tape.
The Aboriginal Justice Center needs your support!
We are circulation a petition for all concerned people to sign.
Please sign it when you see it! Any letters ofsupport would be
greatly appreciated (please direct letters to the Board of the
Aboriginal Justice Center Society, 191 Alexander Street,
Vancouver, B.C., V6A 1N3. Please show your support!
If you have and questions or comments, please call us at
the above phone and fax numbers!
Aboriginal Justice Center Society,
Tel: (604) 684-2121
Fax: (604) 684-2177
Next Session Starts: January 6, 1997.
Deadline for Applications: January 13, 1997
Interviews: January 6-8, 1997
12 weeks, Monday through Thursday, 9:30 am - 2:30 pm,
Fridays: preparations
For more information contact Ellen Antoine or Margaret Harris
at (604) 876-0944.
CITY-WIDE SHELL BOYCOTT TODAY!
Local activists to demonstrate at 8 Vancouver Shell stations and counting...
Vancouver-Today,
Friday, November 8th between 4:156:00 pm, there will be protests at eight Shell stations in the
Vancouver area. Demonostraters are protesting against the role
of Shell in the murders of Ken Saro-Wiwa and eight other Ogoni
activists almost one year to the day they were hanged.
The central location will be the Shell station at BURRARD and
DAVIE where members of the Ogoni Solidarity Network will be
making a statement to the media. There will also be major
protest to the following stations:
Broadway and Arbutus
41st and Granville
King Edward and Oak
Main and 12th
Main and 2nd
Victoria and Hastings
#3 Road and Granville (Richmond)
10
Boycott participants will include high school, college and
university students, human rights worker, environmentalists,
union activists and many other concerned individuals
throughout Vancouver.
Shell Canada denies responsibility for the environmental
crimes and human rights atrocities in Nigeria, despite the fact
the it is a majority-owned by Shell International. However,
according to Dr. Owens Wiwa, the brother of the late Ken
Saro-Wiwa, "The name of Shell is Shell. If Shell Canada
does not like what their parent company is doing, then they
should make that very public and then change their name. It's
simple"
For more information, contact:
The Ogoni Solidarity Network
grassroots action to save Ogoniland
Tel: 873-8554 * Fax: 872-0709
WINTER 1996
UBCIC NEWS
URGENT
TO ALL CHIEFS AND COUNCILS
AND
ALL INDIAN BANDS IN THE PROVINCE OF B.C.
NATIVE SISTERHOOD
Burnaby Correctional Center for Women
August 8th, 1996
To: Union of B.C. Indian Chiefs
On September 4th, 1996, Ann Williams, an elder, of the
Pauquachin Band suffered an immeasurable loss when her
home and all of a her personal belongings were destroyed by
fire.
To this day her home still sits as it was left the night of the
tragedy with no windows, holes in the roof. Ann would like to
return to her home for the remaining years of her life but the
money required to repair it for her has not arrived. It is the
beginning of winter and unless the house is repaired now the
rain will destroy what is left of the structure and her memories
of the happy times she has spent there with her children,
grandchildren, and great-grandchildren.
Ann's family is giving assistance to their mother through this
stressful time by giving donations for the repair of her home.
If you can help in anyway please contact:
Tammy Williams @ (604) 655-9310
Assembly of First Nations
NATIONAL YOUTH CONFERENCE
F E B R U A R Y 9-11, 1997
World Trade and Convention Centre
Halifax, Nova Scotia
ESSAY CONTEST - YOUTH ISSUES
The Assembly of First Nations (AFN) has a limited amount of
funds available to sponsor delegates to the National Youth
Conference. If you, or someone you know, would like to take
advantage of this opportunity, please read the criteria below and
forward the required information to the AFN.
Criteria: The ideal candidates should:
- be between the ages of 14-25 (if under 18, must be accompanied by an adult);
- submit a brief biography
- submit a one page essay on what they feel are the current First
Nations youth issues and how these issues could be addressed; a
- be willing and able to speak in workshops and plenary
sessions on the issues that are important to them and their
communities.
Candidates can submit the information on or before
December 16, 1996 in order to be considered for sponsorship.
Sponsorship includes travel, accommodation and per diem.
Please send submissions to: Christian Garrow, Youth Coordinator, Assembly of First Nations, 1 Nicholas Street, 10th Floor,
Ottawa - Ontario, K I N 7B7 or fax to (613) 241-5808. For more
information, please contact Carolyn Hunter and Penny Jacko at
the AFN, (613)241-6789.
WINTER 1996
I am writing on behalf of the Native Sisterhood at the Burnaby
Correctional Center for Women. A women who is imprisoned
feels hurt, angry, mentally and spiritually lost, without family
and friends. The Native Sisterhood would like to offer
assurance that the Sisterhood of native prisoners are strong and
supportive. We want to keep our sisters together, not only
native, all nationalities are welcome to participate.
We would appreciate, money, fabric for dresses, blankets and
ceremonial items, leather scraps, big and small beads, nylon
thread, wax for thread, big and small plastic hoops for
dreamcatchers. Small hoops, Shepard hooks and other
materials for making earrings. We also need short and long
beading needles, sewing needles, wool, latch hook kits and
cotton batting for blankets. Things like new cloths, cologne,
hand soaps, shampoo, etc., are needed as raffle prizes.
We are also asking for things we need for the sisterhood get
together such as : A sewing machine, a cassette player, a
television, a V.C.R , a party size coffee maker, an instimatic
cameras, and a microwave.
Your donation would help us women work together and get to
know each other better, this is the reason we want to make the
sisterhood strong. With God's help and your donations we can
do it. On behalf of the Sisters, God Bless you and thank-you
very much.
Could you please address all donations to Marcia Monk, Native
Sisterhood, 7900 Fraser park drive Burnaby B.C. V5J- 5B9
All my relations
Marcia Monk, President Native Sisterhood
Seasons Greetings
11
UBCIC NEWS
THE HEILTSUK NATION PRESENTS:
"QATUWAS - PEOPLE GATHERING TOGETHER"
(Film Premier January 11, 1996)
Qatuwas
- People Gathering Together
is the new feature documentary by
award - winning "Namgis First Nations
director Barb Cramner that records a
remarkable journey of strength, spirit,
and cultural revitalization among
northwest coastal Native communities. The public is invited to the
premier screening of Qatuwas - People Gathering
Together, Saturday, January, 11th at 8 p.m., at the
Squamish Nation Recreation Centre, 100 Capilano
Road in North Vancouver. Tickets are $8-6$ at the
door, children under 12 admitted free. Vibrant songs,
dances, and ceremonies will be shared through the
evening, as representatives from many First Nations
join in celebrating this new film.
For some 10,000 years, the ocean-going canoe
has served as both practical vessel, and powerful
cultural symbol for the First Nations peoples of the
Pacific northwest coast. But in the 200 years since
European contact, the canoe significance has been
gradually displaced. Until recently, that is, when
twenty-one tribal groups from British Columbia and
Washington answered the Heiltsuk people's challenge
to build great cedar canoes and prepare crews to
paddle to a traditional canoe and cultural gathering in
Bella Bella.
Qatuwas- People Gathering Together is the
inspiring story of the remarkable resurgence of
community, spirituality, and custom that has accompanied this event. Communities worked together for
four years to carve new canoes, and train paddlers.
Three thousand people gathered on the shores of Bella
Bella to welcome the communities that had paddled up
to a month and 600 miles to get there. It has been a
journey that has connected participants with their
nations and their ancestors in deeply affirming ways.
Director Barb Cranmer shows great sensitivity
in bringing together the voices and different experiences of the canoe-communities and crews who've
made this journey. She notes that, "As a filmmaker, I
serve as the messenger. It is essential that our own
people tell our own stories. This documentary is both
areflectionon how far we've come, and a celebration
of the hope that Qatuwas means for our communities.''
Cranmer's previous film Laxwesa wa-Strength of the
River was also well-received by audiences last year.
Co-producer Frank Brown, of the Heiltsuk
Nation, has been an aspiring force for the resurgence
of the canoe societies. The Voyage of Re-Discovery
12
video documented the canoe voyages Brown led to Expo
'86 and the Seattle Centennial in 1989 which led up to
the historic Qatuwas gathering. He emphasizes that,
"Qatuwas - People Gathering Together documents an important new chapter in the continuing story of our peoples. It shows a living
example of positive solutions coming from
within our own communities. The canoe is a
powerful symbol of our healing journey. It is a vessel for
coastal community empowerment. First Nations have a very
strong message to give to the rest of the world: how to live
sustainabley. We had 10,000 years of continuous habitation
within our territory to demonstrate this point."
Ticket Reservations please call 940-0145 or 430-8424.
Event information: Frank Brown at 604-957-2774 or the
Heiltsuk Tribal Council Office at 604-957-2381. Fax 957-2544
Media: to arrange interviews, photos, video, copies, please call
Teresa at 604-666-3838.
8TH Annual North American
Native Arts and Crafts Fair
December 21 & 22, 1996
10:00a.m.- 7:00 p.m.
Aboriginal Friendship Center
1607EastHastings
ARTS DISPLAYS CARVING DEMONSTRATION
MAKE YOUR OWN DREAMCATCHER
CULTURAL DANCE PERFORMERS'
POETRY READING CONTEMPORARY
ENTERTAINMENT
WayneLavaleeSpakwausGlalumDancers&More
HOOPDANCEEXHIBITIONS
MEDICINE WHEEL WORKSHOPS
WINTER SOLSTICE CEREMONY
SATURDAY MORNING
ADMISSION:$1.00SENIORS/KIDS FREE
ARTISTS AND CRAFT TABLES:
$40.00 PERDAY/$70.00PRE-PAID
Sponsored bytheAboriginalExpressions
CALL KAT(604)253-1020
WINTER 1996
UBCIC NEWS
The David Suzuki Foundation
(Vancouver, October 24, 1996 - for immediate release)
O
Salmon Farming Industry Threatens B.C.'s Wildlife Fish Stocks
pen netcages, unregulated drug
use, and imported Atlantic
salmon eggs threaten wild fish stocks,
according to a David Suzuki Foundation
report released today.
"The way it operates today, B.C.'s
salmon netcage industry threatens the
survival of fragile wild fish stocks, such
as the Fraser River salmon, and may
even put human health at risk. To
manage these hazards we must immediately stop importing Atlantic salmon
eggs, monitor drug use, and change the
open fish cages, which release sewage
and diseases, into closed pens," says the
Foundation's Executive Director Jim
Fulton.
The Suzuki Foundation says B.C.
industry stands in sharp contrast to the
sound practices followed i n 85% of the
world's fish farming, which is carried out
on land and closely tied to agriculture.
Fish wastes in Asia are used as crop
fertilizer, but in B . C . become sewage.
"The unsurpassed wild environment along the B . C . coast supports a
multi-billion dollar commercial and
sport fishery and tourism business. It is
the foundation of Native culture, and it
provides a home and recreation for
hundreds of thousands of people. We
appreciate the jobs salmon farming can
bring. But this study tells us we stand to
lose far more that we gain. We need to
set this industry on a course which helps
us, not hurts us," explained Fulton.
The major risk is that wild fish
could be decimated by the spread of
virulent diseases. The problem starts
with the netcage system itself. These
cages float in the ocean, and are filled
with high densities of farm fish. The
jammed and stressful conditions of the
netcages mean they can become breeding
grounds for disease epidemics. The use
of fish grown from imported Atlantic
salmon eggs compounds this danger.
Atlantic salmon are preferred by the
industry because they grow more rapidly,
and they are more docile. The trouble is,
WINTER 1996
the imported fish can bring new diseases
with them which can spread like wildfire
among our native fish. To combat these
threats, the industry injects fish with
drugs and regularly mixes drugs with the
feed.
These measures don't always
work. In Norway the industry uses
similar netcage systems to those i n B . C .
There, eggs imported from Scotland
brought epidemics of such diseases as
furunculosis, which spread rapidly
among wild fish which had little resistance to the new pathogens. In fruitless
efforts to control the spread of disease,
the Norwegian government spent, i n one
instance, $100 million of taxpayer's
funds. In an earlier attempt to eradicate
an epidemic, the government completely
poisoned 20 rivers.
The fundamental problem is that
the netcages are open to the ocean
environment. Escapes of farm fish are
inevitable, leading to generic and other
harmful interactions with wild fish.
Sewage from fish feces and other wastes
builds up i n the areas around the
netcages, sewage which contain disease
pathogens and drugs. In total the sewage
is equivalent to the amount produced by
a half million people. This refuse is
deposited right i n the food chain along
the B . C . coast to be picked up by fish
such as black cod, herring and salmon.
Eight disease outbreaks have
already occurred, and many scientists
report that a large-scale epidemic will
eventually happen among both wild an
farmed fish. The netcages are typically
located i n sheltered bays such as
Clayoquote Sound, areas with rich
marine life. Close to fifty of the cages
are found among the islands and bays
along Johnstone Straight, right in the
path of the most Fraser River spawning
salmon.
"At least 140 distinct salmon
stocks i n B . C . are already extinct. To
help rebuild salmon stocks, commercial,
native and sport fishermen made big
sacrifices this year. We need to make
sure this sacrifice is not i n vain," says
Fulton
The netcage industry's use of
drugs has been targeted by the Foundation because of its possible effects on
human health. The repeated us of drugs
to hold the fish diseases at bay has
already led to diseases fully resistant to
three types of antibiotics. This cavalier
and largely unregulated overuse of drugs
concerns scientists because it reduces the
pool of antibiotics available for human
medicine.
The drugs also leave residues in
the fish and shellfish i n the areas around
the net cages which are used for food by
local communities, particularly First
Nations. There is no government
monitoring of these health effects, or
those on fish farm workers who are
frequently exposed to antibiotics and
other drugs.
The David Suzuki Foundation
makes 12 recommendations. They
include using:
- only native salmon
- closed containment systems which
fully treat sewage and prevent contact
with wild fish
- mandatory industry insurance covering
full ecological restoration of catastrophic
events
- government monitoring of drug use
and the spread of drug-resistant diseases.
The foundation is submitting its
report to the Salmon Aquaculture
Review which is currently being conducted by B.C.'s Environmental Assessment Office.
Contact: David Hocking
Communications Director
(604) 732-4228
13
UBCIC NEWS
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ADDRESS:
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NCLIPPING
MEMBER BANDS:
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TOTAL AMOUNT ENCLOSED
Please make cheque or money order payable to:
INDIVIDUALS: $100.00
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14
WINTER 1996
Union of B.C. Indian Chiefs
NEWSLETTER
WINTER 1996
IRWIN IGNORES OVER 70% OF FIRST NATIONS
Intends to Proceed Unilaterally with Indian Act Amendments
VANCOUVER, December 3, 1996 -- The
federal Liberal government, under the
direction of Indian Affairs Minister, Ron
Irwin, has proposed significant changes to
the Indian Act. The proposed changes will
significantly alter the relationship between
Indian Peoples and the federal government.
The proposed changes will drastically
INSIDE THIS ISSUE...
2. Message from the President
3. Royal Commission on Aboriginal
Peoples
4. Health
5. IG / Resource Centre Update
6. Indian Water Rights in B.C.
7. The U.N. Declaration on the Rights of
Indigenous Peoples
8. Legal Update
9. Treaty 8 Tnbal Association
12. “QATUWAS-PEOPLE
GATHERING TOGETHER”
13. The David Suzuki Foudation
reduce the fiduciary duties owed by the
federal government to Indian Peoples, do
not recognize the inherent aboriginal
right of self determination, nor do they
restructure the relationship between Indian
nations and the federal government to
one of equality. Indian Peoples have said a
resounding *‘No’”’ to these changes.
Minister Irwin continues to refuse
to heed the voice of the Indian Peoples.
Resolutions and letters from over 70% of
First Nations in Canada have clearly rejected
the proposed amendments. The Minister
deems Indian Peoples’ rejection of the
| proposed changes irrelevant and is
determined to push these through the House
of Commons.
Indian Peoples have stated very
clearly that fiddling with the Indian Act
will not rectify the situation in which Indian
Peoples find themselves today.
Restructuring the Indian Act will not
recognize our inherent right to self
determination nor our aboriginal title and
right to our ancestral Lands, With these
changes the federal government is imposing
a policy of self administration and self
termination,
Even the Report of the Royal
Commission on Aboriginal Peoples,
released November 21, 1996, which the
federal government spent a considerable
amount of money on, clearly states that
amendments to the Indian Act are not the
solution and that the only means of
improving the situation of Indian Peoples
is a fundamental restructuring of the
relationship between the Canadian
government and Indian Peoples.
Minister Irwin avoids dealing with
the substance of why the situation of Indian
Peoples’ political, social and economic
misery does not change, Instead of rolling
up his sleeves and addressing the real
problems with real solutions, he simply
pays lip service to the problems faced by
Indian People by proposing these changes.
He hides the truth while he seeks title to
our homelands. He denies our voice and
any real hope of substantive and lasting
change, instead choosing to proceed with
his unilateral and assimilationist policy.
The Minister is using every
manipulative tool, including a few of our
leaders, to impose these changes.
The only solution to the problems
faced by Indian Peoples is for the federal
government to accept our right to self
determination and recognize our title and
rights to our ancestral lands. We must act
now. We will be heard. There is no other
way.
Since the Minister is not telling his
caucus the truth- we must dothat ourselves.
The UBCIC is calling on all peoples to help
stop the manipulation, denial and avoidance
of real solutions. Write, fax, and/or phone
the Prime Minister and your member of
parliament at their constituency offices or
to their offices in Ottawa.
Contact: Chief Saul Terry, President
(604) 684-0231 :
INDIAN ACT AMENDMENTS
(Continued on page 8)
WINTER 1996
UBCIC NEWS
Message From
The President:
lear Editor:
= Much has been and
continues to be made in
the print, audio and video
media of the B.C. Treaty
Commission. So much
time, money and effort
expended on the process.
The B.C. Treaty Commis-
sion, however, 1s seen by
many of our Peoples as
simply another termination
initiative to have our
people to utterly and completely surrender to Canada. It is
another government designed S.W.A.T. (Special Words and
Tactics) to distract us from the real issue of attaining self-
reliance, self-determination and decolonization.
When we stop and look about at the political state-
ments on policy and legislation, one can not help but
shudder at what we are permitting to go on. Mr. Chretien,
now Prime Minister, was determined in 1971 to implement
the White Paper Policy regardless of our opinions and
aspirations, by using different approaches, at different
paces, with different groups, at different times. So when
we stop and take that look about, that is exactly what we
see. All the governments’ terms of reference to negotiate
the unresolved Land Question in British Columbia are
based on the extinguishment of Title for money, and recog-
nition of our Title is rejected as a basis of agreement.
Indigenous Peoples authorities are to be based on non-
Indian institutions. Self-determination is to be rejected and
self-sufficiency is to be realized only through employment
or prudent money management of fixed settlement dollars.
Provincial participation in all negotiations is made essen-
tial, so we do not have a nation-to-nation treaty-making
process but a process for a tnipartite agreement with a local
government holding a veto power over our title, rights and
interests. If they can be called treaties, then they are
treaties of total capitulation and I know our people cannot
accept that. The cabinet document of 1979 (outlining the
Liberal strategy for termination), the Nielsen Task Force
recommendations of 1985 and the Charlottetown Accord of
1992 all display a similar strategy and intent to weaken and
discredit Indigenous Peoples. Such termination policies
outlined an unwillingness to waste time with unacceptable
matters such as Title, and Self-determination. Also to be
avoided are those people committed to fighting for Indian
hi
“Public relations $.W.A.T. Teams, especially for
the federal government, are in constant over-
time to show government proposals as fair,
just, generous and economical.”
Rights but encouragement is offered to those willing to
deliver government-designed programs. Negotiation
time-limits are set and enforced by threats of legislated
settlements. Public relations $.W.A.T. teams, espe-
cially for the federal government, are in constant over-
time to show government proposals as fair, just, gener-
ous and economical.
This then is the legacy that the B.C. Treaty
Commission brings, the continued policy of termination
through its modern beads and trinkets settlement agree-
ments. It is a bogus treaty making process.
Chief Saul Terry
President
UBCIC CHRISTMAS OFFICE
CLOSURE
The Union of B.C. Indian Chiefs offices
will be closed for the Christmas Break
Monday, December 23, 1996 and will Re-
open on Thursday, January 2nd, 1997.
The Members, Executive and Staff of
the Union of B.C. Indian Chiefs wishes you
all a Peaceful, Safe and Happy Holiday
Season.
We look forward to working with you
allinthe New Year forthe recognition of our
Aboriginal Title & Rights and the betterment
of our Peoples...
ie
WINTER 1996
Royal Commission on Aboriginal Peoples
ROYAL COMMISSION ISSUES A CHALLENGE
November 22, 1996 - Ottawa -- Yesterday the Royal
Commission on Aboriginal Peoples released its final report. It calls
for a fundamental change in the relationship between Indian
nations and Canada, one that would turn dependency into
productivity and prosperity. The eyes of the Indian citizens and of
Canadians are now upon their respective governments. Major
changes are expected, but once again it is dependent upon the
political will of the federal government.
The Indian Peoples of British Columbia are united in
calling for Minister Ron Irwin to abandon his proposed Jndian Act
amendments, and deal instead with the substantive issues
recommended by the Royal Commission on Aboriginal Peoples. If
this were done, the political, social, economic, cultural and spiritual
violation which our families have endured for generations may be
alleviated.
The near annihilation our people by federal policies such as
the Jndian Act of 1876, the anti-potlatch laws of 1884, the Buffalo
Jump policies of the 1980’s, and the current off-load-and-run
policies of the current federal government must cease.
Immediate dialogue with our nations must begin. Our
nations are ready.
We agree with the Commission in their view that substantive
progress cannot take piace with - or through- the Department of
Indian Affairs. It is badly tainted with colonial history and does not
have the confidence of our Peoples, or the capacity, to address the
fundamental changes which the Commission has called for.
The position of the Union of B.C. Indian Chiefs took after
the White Paper of 1969, and which we have maintained since that
time, has been vindicated by this report. For example, the
Commission has rejected the notion that extinguishment is the
price to be paid for resolving the Land Question. It has stated that
treaty-making is the ‘‘exclusive preserve of nations’’, and added
that to do otherwise ‘*would detract from the nature of treaties and
the integrity and status of the nations that make them.”’
The process currently being promoted in British Columbia
by the Liberal government will result in less-than-treaties. In the
Commission’s final report, they are referred to as merely ‘‘Inter-
governmental agreements’’ - not authentic nation-to-nation
agreements. This is not what our elders and past leaders struggled
so hard to protect.
Our people must have a close look at the recommendations
contained in this five volume document. It is the blueprint for
profound changes. We the citizens of our Indian nations, together
with the Canadian public, cannot permit the Commission’s final
report to collect dust. Too much is at stake, especially for the youth
who must bear the burden of assuring the survival of future
generations. We all have a responsibility to rise to the challenges
that face us, and the Royal Commission has focused the dialogue
on many of the fundamental issues.
We look forward to discussing these issues with our elders,
our youth, and all of our citizens in the weeks to come, so that
together we can press the federal government to embrace a new
path.
-30-
Contact: Chief Saul Terry, President UBCIC (604) 684-0231
Assembly of First Nations Responds to Royal Commission Report
November 21, 1996 - The National Chief of the Assembly of First Nations, Ovide Mecredi, called the Royal Commission
Report on Aboriginal Peoples, "Too valuable to ignore, too far-reaching to disregard, and too historic to neglect. The commission
report represents the last chance this century to achieve economic equality and social justice for aboriginal peoples," said Chief
Mercredi. “It is a good opportunity for Canadians to end a century of dishonour".
The report, entitled "People to Peopie: Nation to Nation" is the "most comprehensive consultation, extensive research and
detailed analysis ever sanctioned by the Government of Canada”, said Chief Mecredit. "For First Nations peoples, the report can
only inspire hope for the future. If ther is political will on the part of the government to succeed where others have failed, this report
can provide the blueprint for recovery."
National Chief Mercredi said that Prime Minister Jean Chretien must now meet with the First Nations’ leadership to ensure
that the report is acted upon. "Recently, the Prime Minister has shown international leadership to end hardship in foreign lands,"
said Chief Mecredi. "We are confident that he will show the same attention to help improve conditions for aboriginal peoples here at
home.”
"I will convene a Nation-to-Nation Summit on January 21-23 as a first step to begin implementing this report,” said the
National Chief. "On behalf of First Nations and over one million aboriginal peoples, I invite the Prime Minister to attend and
represent the people of Canada.” Chief Mecredi said a formal invititation to the Prime Minister and the Cabinet to attend the
summit will be extended on Tuesday, November 26 at the end of a Special Chiefs' Confederacy Meeting.
AFN PRESS RELEASE (Continued on page 7)
WINIER 1996
3
UBCIC NEWS
HEALTH REPORT
In the 1995-1996 fiscal year, the Indian communities
discovered that there were changes to their health benefits.
Health and Welfare, Canada failed to notify aboriginal peoples
regarding their plans. The Union of B.C. Indian Chiefs organ-
ized to inform as many aboriginal citizens as possible - both on
and off-reserve. A Health Bulletin was produced and mailed to
them. Up to 70 concerned aboriginal people came to the Chiefs
Council meeting on March 13th and marched to the Medical
Services Branch offices in Vancouver to confront the Regional
Director regarding cut-backs to the Non-Insured Health Ben-
efits.
People were assured that immediate changes were made
only to the dental services. Updates were mailed out on April
lith and May 2nd. The UBCIC Newsletter carried the issue
and was distributed widely. On May 9, 1996 a press conference
was called. At least another 50 aboriginal people including
Chiefs attended. On July 5th a press release was issued by the
Union of B.C, Indian Chiefs and the Indian Homemakers
Association of B.C. during the International AIDS Conference
to announce cutback to health services to aboriginal people
while the AIDS virus is spreading in the Indian communities.
This press release was distributed to delegates of the Indigenous
peoples session at the First Nations House of learning at the
University of British Columbia. The last update on the NIHB
issue appeared in the UBCIC Newletter in August.
Letters have been written to David Dingwall, Minister of
Health and Welfare, Canada; Mr. Larry McCafferty, Regional
Director of Pacific Region for Medical Services Branch; and the
Human Rights Commission in Geneva, Switzerland. Petitions
were signed by aboriginal people both on and off-reserve and
included in the package to the Human Rights Commission.
This year the Union of B.C. Indian Chiefs submitted a
budget proposal for a Health Services Monitoring Program in
B.C. Larry McCafferty, Regional Director rejected this pro-
posal despite the fact that his department budgeted and commit-
ted $123 000 for consultation and liaison work.
It was interesting to learn that the Canadian Dental
Association were not consulted and that the changes also came
as a surprise to the insurance carriers who administer the plan.
The Medical Services failed to meet or even discuss changes to
the dental plan with dentists across the country.
The following gives a good example of some calls to the
UBCIC:
1. Members of an Indian Band who were invoiced for
the amount not covered or paid by insurance and told it is the
patient's responsibility.
2. A patient, living off reserve, has terminal illness.
This patient requires counselling to deal with the situation.
Medical Services wrote to the doctor stating "MSB's mandate in
this area is to provide funding for service only as a last resort
where other ministries’ mandates or statues do not provide
coverage. Services we fund must be crises-oriented and short
term; the Branch has no authority to provide funding for on-
going support or counselling".
3. A letter from Masset in which the family expressed
concern that in order to receive health care, they must reside on
a reserve and yet they have been waiting four years to get a
house on their reserve. They also have a son with allergies.
They state that they feel discriminated against because they
cannot receive any benefits from living on the reserve and
cannot live on reserve for lack of housing.
4, Copy of a prescription from a clinic which refused to
process it after calling MSB for authorization.
5. Copy of statement mailed to family of a student who
had a physical examination in order to participate in interscho-
lastic athletics at school.
6. Invoice sent to patient, off-reserve, because his
medical plan stated that his coverage was cancelled.
7, Many phone calls from people who were embarrassed
when they went for dental or medical exams and were told there
was cut-backs to their health benefits.
The UBCIC received copies of letters from a dental
association to Indian bands in Ontario in which they were told
that they would have to pay up front with cash, cheques or
charge cards.
The Assembly of First Nations held several national
meetings to address this issue. As of this date, they informed
the UBCIC that more cut-backs are pending.
Re: Canada Changes Position on
Self- Determination and ‘‘Peoples”’
To: Ovide Mercredi, National Chief
From: Rolland Pangowish (In Geneva)
Date: Oct 31/ 96
1. Canada is now announcing an official change in its
position. It will now use the term ‘‘Peopiles’’, both with
the respect to the Draft Declaration and in all other
respects, including domestic use.
2. Canada will also support ‘‘Self-Determination’’,
except it is qualified that it does not entail
‘‘dismemberment’’ of existing states and respects
““territorial integrity’’. Also involves ‘‘negotiations’’
(i.e. ‘‘self-gov’t.).
3. The Draft Final Report of this Session appears to
include all the points raised by the Indigenous Caucus
regarding equal participation. Next battle will be at the
Commission on Human Rights, where states opposed
may take moves against.
~ Further updates to follow on Friday.
c.c. Perry Belgarde
International Instruments Cttee.
WINTER 1996
Institute of Indigenous Government
Extension Programs
The Institute of Indigenous Government is committed to
expanding extension and off-campus programming to enhance
First Nations’ access to unique education programs in British
Columbia, Canada, and around the world. The IIG's goal is to
deliver up to 80% of our courses “off-campus” in regional
centers and Indigenous communities through the extension
program and by innovative distance learning strategies.
The Institute of Indigenous Government is the first in
Canada to have independent power to grant a one-year Certifi-
cate and a two-year Associate of Arts degree in Indigenous
Government Studies. A four-year Bachelors of Arts degree is
expected to commence within the next 3 years.
The JIG's first extension program commenced in the
Spring of 1996 at the Saanich Nation Adult Education Center.
The extension arrangement enables students from the Saanich
Nation to access instruction, student development workshops,
and community support while pursuing their post-secondary
studies. Elders from the community have enriched the courses
through their cultural, social and spiritual guidance to the
students and staff.
The second extension program started in the Fall of 1996
at Lillooet, B.C. Majority of the students are employed full-
time in the community while taking a full day of instruction one
day a week. IIG is committed in providing quality programs to
communities who are interested in establishing an Extension
Program. If you would like more information about the Exten-
sion Program, courses, enrollment criteria, transferable, equiva-
lency credits or potential locations, contact:
Jennie Blankinship, Director of Extension Programs
342 Water Street, Lower Level
Vancouver, B.C. V6B 1B6
Phone (604) 602-9555
Fax (60-4) 602-3432
UBCIC Newsletter Deadline
If you have any materia! that you would like to see in the
next edition of the Union of B.C. Indian Chiefs News-
letter, please forward to our Vancouver office by fax or
mail as soon as possible to the attention of "UBCIC
NEWSLETTER". We would appreciate the volume of
information be kept to a minimum so others can benefit
from this service. Please do not fax business cards.
Suggestions or comments are always welcome. Next
deadline is January 15, 1997. Remember, our new
address is 5th Floor - 342 Water Street, Vancouver,
B.C. V6B 1B6. Our phone and fax number remain the
same. Phone (604) 684-0231 Fax: (604) 684-5726.
UBCIC NEWS
NEWS FROM THE
UBCIC RESOURCE CENTRE
Recent special visitors to the Resource Centre
include Renae Morisseau, singer/film producer;
twenty Chilean professors; a small group of Ainu
people from Japan; and First Nation researchers
from all over B.C.
For researchers, we recently put RG-10 Finding
Aids on one of our computer workstations so that
these Finding Aids can be keyword searched and we
have ordered several new reels of RG-10 film. We
have also acquired the reels of film from the Surveyor
General of B.C. which hold the Indian reserve
survey maps for the province.
A new First Nations business magazine is
being published out of Vancouver and just came out
with its second issue. Twelve issues of First Nations
Business can be subscribed to for $45. Subscription
requests can be sent to 526 - 119 West Pender,
Vancouver V6B 185. Phone (604) 669-5208 FAX
488-1251. The publishers welcome submissions.
Everyone who has seen it in our Resource Centre
has commented on the professional quality of this
new magazine.
The final report of the Royal Commission on
Aboriginal Peoples will be out before the end of
November. We tried to reserve free copies through
the RCAP office but were referred to Canada
Communications, the federal government’s
publishing office in Ottawa. The cost of the report
has not been made public. When the newspaper
reports that the publication is available, contact:
Canada Communications Group, Publishing
Division, Ottawa. Phone: (819) 994-5389 or, if you
live near a centre where there is a University or
large enough bookstore, they may carry copies.
A word of personal advice from the Library
staff for those who have important documentation
on their computer hard drives...make sure you
backup regularly. We experienced the dreaded hard
drive “crash” but a magnetic tape backup made on
a daily basis saved our information. What might
have been a disaster was only a short term
inconvenience because we had a full backup for the
hard drive.
I suspect that we won't get out another issue
of the Newsletter before Christmas so the Resource
Centre staff want to take this opportunity to wish
everyone a Safe and Happy Holiday Season.
WINIEK 1996
UBCIC NEWS
INDIAN WATER RIGHTS IN BRITISH COLUMBIA
aN ie In that same sixty year period the provincial economy a
ind any was increasingly dominated by industrial production Teeeto
dian water rights , 2 its position. Under
in B.C. is the history and commercial agriculture and Indian peoples had gone provincial
of the provincial from 70% - £% of British Columbia ‘s population. legislation water
rights were
government’s refusal ©
to allot Indian water rights and the government of Canada’s
failure to act within its power to assert those nghts. From the
1860s to the 1920s the governments of British Columbia and
Canada “‘managed’’ water rights in a manner that effectively
negated B.C. Indian Nations’ access to and control of precious
water resources.
As early as 1859 the Colony of British Columbia had
developed a water rights policy of sorts. The policy stipulated
that users of water (for the most part gold miners) had to
register their right to water with the local magistrate or Gold
Commissioner, This served to limit disputes over access to
water and maintain order in the gold msh period. Indian water
rights did not concern Colonial Administrators; their primary
motivation was an orderly exploitation of mineral resources in
the ‘“‘Gold Colony’’.
In 1871 British Columbia became part of Canada and
almost immediately a debate ensued between the province and
the federal government regarding the allotment of Indian
Reserves. The province insisted that the federal government’s
allotment policy was too generous while the federal government
claimed that the provincial allocations were too small. The
ongoing debate resulted, in 1876, in the formation of a joint
federal-provincial body called the Indian Reserve Commission
which was empowered to allot Indian reserves in B.C.
The Indian Reserve Commissioners allotted many Bands
water rights along with land, especially in the interior where
assured access to water was crucial to agricultural activities. In
1878 the Indian Reserve Commission approached the province
in an attempt to ascertain the legal status of the Commissioner’s
water allotments. It received no reply.
In 1884 the British Columbia legislature finally
articulated its stance when it approved a Land Act that made
absolutely no provision for Indian water rights. In December of
1884 B.C.’s Chief Commissioner of Lands and Works told
federal officials that individual Indians could apply for water
rights under the Land Act like any other British Columbian, but
that the Indian Reserve Commissioners ‘‘had not the slightest
authority to confer any rights to water upon the Indians’. In
1888 the province amended the Land Act to allow for reserve-
based water nights on any unrecorded and unappropriated
water applied for under the Act. It is important to note that the
amendment still did not accept the earlier rights granted by the
Reserve Commissioners; it only stipulated that as of 1888
applications for water nghts coming from Indian Reserves
would be considered by the province. While federal officials
stated their opposition to provincial policy, they made no effort
to force the province, through political pressure or
administered by the Water Rights Board of Investigation. The
Board decided on the amount of water any applicant would
receive based on the amount of water available from a given
source and the priority of the application (applicants were given
priority on a given water source based on the date of their
application). However the Board of Investigation refused to
deal in any substantive way with Indian water nghts until 1921
when the province, after forty-plus years, passed the Water
Claims Act.
The Water Claims Act did not recognize any Indian
water claims based on Indian Reserve Commission allotments.
Instead the act stipulated that it would utilize lists of Indian
water rights submitted by Indian Agents in the 1888-1889
period to make water rights allotments to Indian Bands. These
lists usually included the Reserve Commissioner’s water
allocations but in many cases errors were made in the transfer
of information. Furthermore, the Board of Investigation was
not in any way bound by the earlier allocations. The 1888 lists
were considered but the Board’s final decision was also based
on the status of existing licences, water availability and
beneficial use. This often resulted in a significant reduction of
the water right initially allotted by the Indian Reserve
Commission.
From the 1860s to the 1920s, successive colonial and
provincial administrations had steadfastly refused to
acknowledge Indian peoples right to water resources. In that
same sixty year period the provincial economy was increasingly
dominated by industrial production and commercial agriculture
and Indian peoples had gone from 70% to 4% of British
Columbia’s population. In light of these developments the
Water Claims Act was criminally inadequate. The federal
government's performance was no better. In a period when the
Dominion Government was willing to fight constitutional
battles on such issues as French language rights in Ontario,
New Brunswick and Quebec and control of forests, streams and
rivers in Ontario it could not gamer the energy, money or
political will to battle British Columbia on the issue of Indian
water rights.
Even after water licences were finally issued to Indian
Bands secure access to water was not assured. Water nghts
legislation has never recognized an aboriginal right to water nor
has traditional use of water resources ever been a consideration
in licensing. This has meant that water licences can be reduced
or lost if a Band does not meet the criteria of ‘“beneficial use’’.
Beneficial use in this context means water for domestic use or
INDIAN WATER RIGHTS (Continued page 7)
6
WINTER 1996
INDIAN WATER RIGHTS (Continued from page 6)
for narrowly defined European style agriculture. In the 1930s
and 1940s many Indian Bands lost water licences when DIA
failed to construct the water works needed to meet beneficial use
criteria. Sometimes DIA simply allowed licences to lapse and
in other cases licences were lost or reduced if water inspectors
judged that Indian Bands did not have enough land under
agricultural production to justify the water licence.
The history of Indian water rights in B.C. in many ways
parallels the history of Indian land in the province. It is the
same old story of arrogance and disregard of Indian peoples,
their land and their resources. As Chief Saul Terry has
previously stated, ‘‘today, as in years past, Indian water nghts
mean survival for our people and our future generations’.
Understanding the history of Indian water rights will help in
protection and extension of Indian water rights in the future.
Publications
Indian Water Rights in British Columbia, UBCIC (1991).
Since Time in Immemorial: Indian Water Rights in British
Columbia, Susan Abs, Indian Water Rights Committee (1989).
Want to learn more about your Band’s water rights?
* The provincial Water Management Branch can provide
you with information regarding licences held by your Band.
There is a fee for computer time but it is not prohibitively
expensive. Telephone (250) 387-5981
* If you believe that the Department of Indian Affairs
has not effectively protected your water rights the Union of B.C.
Indian Chiefs Specific Claims Department can research the
issue on your behalf at no cost to your Band. Contact UBCIC
Specific Claims at (604) 684-0321.
What can you do to protect the water rights you now hold?
* Learn as much as you can about the provincial water
rights process. Knowledge of the system allows for the
development of strategies that will help you protect your rights
and fight for change.
* Designate a contact person at a Band or Tribal Council
level to deal with water mghts issues. This person would keep
track of existing licences as well as be knowledgeable regarding
the history of the Band’s water rights in order to protect those
that now exist and attempt to regain those nghts lost.
* Ensure that the “‘beneficial use’’ criteria is met. Until
such time as the system of licensing is changed the province has
within its power the nght to revoke water licences where water
use criteria is not met.
David Roth, UBCIC Research
UBCIC NEWS
THE U.N. DECLARATION ON THE
RIGHTS OF INDIGENOUS PEOPLES
The Union of B.C. Indian Chiefs held their 28th Annual
General Assembly on October 23-25, 1996 at which time the
United Nations Declaration on the Rights of Indigenous Peoples
was to be discussed and ratified if necessary.
In the meantime, meetings were being held in Geneva,
Switzerland by the U.N. Inter-Sessional Working Group on the
U.N. Draft Declaration on the Rights of Indigenous Peoples. After
two days of discussions, Indigenous participants agreed to present
a proposal to the chairman suggesting that the existing declaration
be immediately adopted without changes or amendments. This
was ignored by the chairman and States representatives. Several
attempts were made to reintroduce the proposal by other Indigenous
delegates but were dismissed by the chair. This left no alternative
but for the Indigenous delegations to leave the proceedings. They
did not want States to dilute or change the Declaration.
A message was received at the Union of B.C. Indian Chiefs
Assembly on Oct. 23rd and a letter of support was immediately
released to the Indigenous delegates in Geneva.
The delegate for the Assembly of First Nations issued an up-
date on October 31, 1996 reporting that Canada announced it will
how use the term ‘‘peoples’’ and support “‘self-determination’’.
However Canada qualified this by requesting development of a
common understanding, consistent with evolving international
law, of how this right is to apply to indigenous collectivities, and
what the content of this right includes. Canada stated further that
the nght shall not be construed as authorizing or encouraging any
action which would dismember or impair, totally or in part, the
territorial integrity or political unity of sovereign and independent
States. Canada’s position to the Inter-Sessional Working Group is
that self-government be based on negotiated agreements and that
their jurisdiction and authonity are exercised in harmony with those
of other governments. While Canada claims that it is sensitive to
the importance of collective nights and responsibilities in indigenous
societies, Article 34 which addresses this issue, could be interpreted
as subordinating the nghts of the individual to those of the
collectively.
It is important for the Union of B.C. Indian Chiefs to
adopt the Draft Declaration on the Rights of Indigenous
Peoples in order to maintain international ties between
Indigenous Nations against States Governments who continue
fo allow destruction to the lands, resources and way of life
AFN PRESS RELEASE (Continued from page 3)
The Confederacy meeting, which will be attended by over 100
aboriginal leaders from across Canada, will review the royal
commission report. A special press conference will be held on
that day to provide an in-depth response to specific recommen-
dations contained in the report.
For additional information please contact Jean LaRose at (613)
241-6789, ext. 251
WINTER 1996
UBCIC NEWS
LEGAL UPDATE
Opetchesaht Appeal:
Supreme Court of Canada
The sole issue which the Court must decide is whether a
Section 28(2) permit is valid if it is worded so as to allow fora
third party to use reserve land for as long as the land is needed
for a stated purpose. Before the court in Opeichesaht was a
permit to B.C. hydro which was issued by the Minister with the
consent of Chief and Council to run for as long as Hydro needed
the land for a transmission line.
The case argued on behalf of the Opetchesaht Band, and
on behalf of the Union of B.C. Indian Chiefs member bands was
that such a permit is null and void because it does not state
clearly a reasonable and definable time for the permit to end.
As worded, the permit grants an indefinite interest in reserve
land to a third party. This kind of interest, we argued, can only
be granted through the surrender provisions of the Indian Act.
Counsel for the Opetchesaht Band, also argued that such an
interest in reserve land may be validity taken through the
expropriation provisions, but on behalf of the UBCIC, I did not
joint this argument. We argued that because the permit was bad
from the beginning, the hydro line is in trespass. This situation
could only be remedied through renegotiation of a s.28(1)
permit with a fixed term, or by the company acquiring the land
through a valid surrender. Should neither events occur, the
company would be required to remove their lines, and relocate
them off the reserve.
Against us was Canada, B.C. Hydro, and a coalition of
other utility companies, all of who hold Section 28(2) permits to
usé land on Indian reserves.
The UBCIC intervention raised a number of points
which the court clearly listened to. Our main points were these:
- Ata time when the permit was entered into 37 years
ago, no one knew at that time, nor does anyone know today,
when the permit would end. (Mr. Justice Cory put the question
directly to Canada as well as to B.C. Hydro whether they could
say when the permit would be terminated, and neither could
say.)
- The word "period" within the meaning Section 28(2)
must mean a passage of time with a fixed termination point,
and not a period of time which is never ending. B.C. Hydro's
permit amounted to an alienation of an interest in reserve land.
This kind of alienation could only be affected by a surrender.
This is so, because as a matter of common jaw and statute, it is
Band members who hold a collective interest in the reserve.
Chief and Council is not the owner, and has no power by
themselves to alienate an interest in reserve.
Since as far back as the Royal Proclamation of 1763,
and reflected in the /ndian Act, the surrender provisions have
been provided the process for Band members to consent to the
alienation of their collective interest. The surrender provisions
are conspicuously fair.
Chief and Council does not have the authority to inde-
pendently give consent on behalf of the Band to alienate an
interest in reserve land. Chief and Council's authority is
circumscribed by the collective interest of the Band members in
reserve land, a well as Crown fiduciary obligations which are
embedded in the surrender provisions.
B.C. Hydro and Canada argued that it is beneficial for
Indian people that the court interpret Chief and Councils power
broadly, so as to permit Chief and Council to consent to such an
alienation. In reply , we pointed out the hollowness of this
position by reference to the permit in issue. The Band averaged
$3 per acre per year if the permit was to terminate immediately.
How can this interpretation of the Jndian Act be for aboriginal
people's be good?
Finally, we addressed Canada and B.C. Hydro's concern
that the Court ruling against them would be prohibitively costly.
We pointed out that aboriginal people get nothing from the
permits, and there is no way to renegotiate the permits based
on the changed circumstances which will have occurred with
the passage of time. We were left with the impression that the
court would not be taking a great deal of time to render a
decision.
INDIAN ACT AMENDMENTS
This year, the Minister of Indian and Northern Affairs
made a commitment to proceed with his initiatives to amending
the Indian Act.
Through the summer, Indian leaders met nationally and
submitted a resolution to the Minister of Indian Affairs
demanding to halt his amendment process. The majority of
Indian people did not know of the amendments as consultation
with them had not taken place.
There is no doubt that the Indian Act requires changes
but options that are Indian driven must be considered by the
people. Our options encompasses our goals towards self-
determination through the recognition of our Aboriginal Title
and Rights.
Meetings were held between Department of Indian
Affairs officials and the Chiefs Committee on Enforcement of
the First Nations-Crown Relationship. Ata second meeting on
November 22, 1996 in Ottawa, the Chiefs were told that the
Minister of Indian Affairs had every intention of going ahead
withthe amendments. There are up to 60 proposed amendments
and are very dangerous to the aboriginal and treaty nights of our
Peoples.
On November 26, 1996 the Confederacy of Nations
(A.F.N.) passed a resolution calling for the dismissal of the
Minister of Indian Affairs because he is not listening to our
message. The resolution expressed the Indian leadership’s lack
of confidence in the Minister.
The relationship between the Federal Government and
the Indian Nations has been driven further apart by the actions
of this Minister. This Liberal government must support the
directions and goals of Indian Peoples.
WINTER 1996
UBCIC NEWS
TREATY 8 TRIBAL
ASSOCIATION
Cantor Mistaking Notification for Consulstion
Say Treaty & Chiefs
for immediate release
November 28, 1996 -- In the wake of yesterday's confronta-
tion between Natives and Canfor northwest of Fort St. John, at
which Treaty 8 First Nations stopped a logging crew from pro-
ceeding into an area claimed by them, Tribal Chief Judy Maas
declared the renewed determination of the Halfway River First
Nation to stop the planned cutting.
“We're not going to give up, and we're not going to go
away,” she said. "We have nowhere to go; this is our home."
According to recent press reports, Canfor explained they
only want to cut based on the permit the Ministry of Forests issued
to them, and felt the Halfway River First Nation had been ad-
equately consulted. To this, Maas answered, "Canfor and the
Minstry of Forests seem to be mistaking ‘notification’ for ‘consulta-
tion.”
"I have a stack of letters to the Ministry of Forests and to
Canfor protesting the planned logging in this small area. For two
years now, we have been telling them this place is vital to the
continued exercise of our treaty and aboriginal rights, and for two
years they have been ignoring or dismissing us." Maas said that if
people were looking for someone to blame the confrontation on,
they need look no furner than the Ministry of Forests, "They issued
the permut illegally, over our objections, so what did they expect?"
Maas also sought to allay concerns the public may have
about the economic impact of the protest, "People have expressed
concern that our opposition to a couple of cutting permits will cost
jobs. What they don't understand is that these permits constitute
only 3.4% of Canfor's five yeare plan in the Fort St. John Forest
District alone, and only a fraction of 1% of their overall timber
supply.” Maas said Canfor could easily get replacement cut blocks
in less sensitive areas if they wanted to. Regardless, she felt that
the costs to the Halfway River Native people would be far greater
than to Canfor’s profit margin. “It's only a freaction of 1% to
Canfor, but it's everything to us. This patch of land is our grocery
store, our bank, our drug store, and our home.”
"I find the Ministry of Forests! and Canfor management's
insensitivity and callous disregard for Native people just obscene,"
she said.
Maas constrasted the insensitivity of Foresty and Canfor
management to the respectful way in which Canfor employees
treated the Native people at the blockade. "When we explained
our position, and why we could not allow them to pass, the Canfor
workers shook hands with us in mutual respect and understanding
that each of us was doing what we had to."
Halfway River First Nation Chief Bemmie Metecheah hoped
for similar understanding from the public. "People have to
understand we don't protest every cutting permit. We're only
interested in sustainable, environmentally responsible development
which respects our rights and special ties to our land." Metecheah
pointed out that his band's membership enjoyed constitutionally
protected righrts to the land Canfor wants to log out, and that those
Tights become meaningless if the land is destroyed. “We don't want
complete moratoriums, only a little resepect."
Metecheah also asked the public to re-consider their
stereotypes of Indians and Indian blockades. “People think First
Nations are 'anti-development.' The opposite is true. Native
people have as much stake in the local economy as anyone else;
perhaps even more because we are in Northern B.C. to stay."
Metecheah added that, while a healthy economy is important,
“because of our spiritual and cultural ties to this land, we're also
worried about the sustainability of our economy. When the last
tree is gone, and the last stream is polluted, we can't just retire and
move to Florida."
"Don't underestimate our determination to see this out,” he
concluded.
Contact:
Tribal Chief Judy Maas, Treay 8 Tribal Association
(250) 785-0612
Chief Bernie Metecheah, Halfway River First Nation
(250) 772-5058
JOB POSTING
Joint Policy Council Technician
The Union of B.C. Indian Chiefs requires a full-time Technician
Coordinator to work with the Chiefs Council in the on-going development
of the Joint Policy Council (JPC). Established in 1993 by the Union of
B.C. Indian Chiefs and the Province of British Columbia, the purpose of
the JPC is to identify a range of issues that require resolution through
mutual development of policies which do not derogate from the bilateral
nation-to-nation relationship between Indian Nations and the Government
of Canada and to improve the social, economic and cultural life of the
Indian Nations in British Columbia.
Responsibilities:
- to recommend agenda items to the UBCIC Chiefs Council;
- to undertake technical analysis, research and development activities to
further the objectives of the Joint Policy Council;
- to prepare issue memoranda on specific agenda items as directed by the
Chiefs Council;
- to prepare options and set our recommendations for the resolution of
policy issues between the Parties;
- to establish and corrdinate small working committees as required;
- to monitor on-going provincial policies affecting First Nations.
Qualifications: Must have:
- University degree and experience in political science and history,
- highly developed analytical, research and communication skills with the
ability to draft background documents, option reports/proposals and
memoranda as required;
- sound knowledge of Indian governments, goals of the UBCIC and the
principles of the Aboriginal Title and Rights position.
Closing Date: December 20, 1996 Mail/Fax Resumes to:
Salary: Negotiable Union of B.C. Indian Chiefs
Halie Bruce, Administrative Assistant
5® Floor, 342 Water Street
Vancouver, B.C. V6B 1B6
Fax: (604) 684-5726
WINTER 1996
UBCIC NEWS
Indian Homemakers
Association of B.C.
Traditional Parenting
Skills Program
“WELCOME FIRST NATIONS WOMEN"
Developing Positive Indian Parenting Skills Through:
Personsal Development - Family Roots, Co-dependency,
Talking Circle, Self Worth, Self Esteem.
Life Skills - Anger Management, Family Violence, Problem
Solving, Communication, Budgeting, Nutrition.
Parenting Skills - Family History, Family Roles, Parent/Child
Relationships, Early Childhood Education.
Cultural Awareness - Native Spirituality, Beliefs/Values,
Physical Fitness (Sing/Dance), Sewing, Honouring Our Chil-
dren, Basic Native Concepts/Teachings/Principles.
Next Session Starts: January 6, 1997.
Deadline for Applications: January 13, 1997
Interviews: January 6-8, 1997
12 weeks, Monday through Thursday, 9:30 am - 2:30 pm,
Fridays: preparations
For more information contact Ellen Antoine or Margaret Harris
at (604) 876-0944.
AMBUSHED
The Legal Services Society Board made a decision to
discontinue their funding to one of our Aboriginal
organizations, The Vancouver Aboriginal Justice Center
Society.
The Justice Center had provided legal advice and
services to Aboriginal people in need since 1994. The Center
primarily serves the Lower Mainland’s Aboriginal population
of over 100,000, as well as Aboriginal people from across the
country. This unique Aboriginal Organization is the only
Aboriginal-specific service of its kind in the lower mainland.
Our Brother and Sisters need your help at this time.
We are the most over represented people in the Canadian
Justice system and services like the Justice Center can help
alleviate this huge problem. We cannot allow this necessary
service be lost to bureaucratic red tape.
The Aboriginal Justice Center needs your support!
We are circulation a petition for all concerned people to sign.
Please sign it when you see it! Any /effers of support would be
greatly appreciated (please direct letters to the Board of the
Aboriginal Justice Center Society, /9/ Alexander Street,
Vancouver, B.C.,V6A 1N3. Please show your support!
If you have and questions or comments, please call us at
the above phone and fax numbers!
Aboriginal Justice Center Society,
Tel: (604) 684-2121
Fax: (604) 684-2177
CITY-WIDE SHELL BOYCOTT TODAY!
Local activists to demonstrate at 8 Vancouver Shell stations and counting...
VANCOUVER-Today, Friday, November 8th between 4:15-
6:00 pm, there will be protests at eight Shell stations in the
Vancouver area. Demonostraters are protesting against the role
of Sheil in the murders of Ken Saro-Wiwa and eight other Ogoni
activists almost one year to the day they were hanged.
The central location will be the Shell! station at BURRARD and
DAVIE where members of the Ogoni Solidarity Network will be
making a statement to the media. There will also be major
protest to the following stations:
Broadway and Arbutus
41st and Granville
King Edward and Oak
Main and 12th
Main and 2nd
Victona and Hastings
#3 Road and Granville (Richmond)
Boycott participants will include high school, college and
university students, human rights worker, environmentalists,
union activists and many other concerned individuals
throughout Vancouver.
Sheli Canada denies responsibility for the environmental
crimes and human rights atrocities in Nigeria, despite the fact
the it is a majority-owned by Shell International. However,
according to Dr. Owens Wiwa, the brother of the late Ken
Saro-Wiwa, ““The name of Shell is Shell. If Shell Canada
does not like what their parent company is doing, then they
should make that very public and then change their name. It’s
simple”’
For more information, contact:
The Ogoni Solidarity Network
grassroots action to save Ogoniland
Tel: 873-8554 * Fax: 872-0709
10
WINTER 1996
URGENT
TO ALL CHIEFS AND COUNCILS
AND
ALL INDIAN BANDS IN THE PROVINCE OF B.C.
On September 4th, 1996, Ann Williams, an elder, of the
Pauquachin Band suffered an immeasurable loss when her
home and all of a her personal belongings were destroyed by
fire,
To this day her home still sits as it was left the night of the
tragedy with no windows, holes in the roof. Ann would like to
return to her home for the remaining years of her life but the
money required to repair it for her has not arrived. It is the
beginning of winter and unless the house is repaired now the
Tain will destroy what is left of the structure and her memories
of the happy times she has spent there with her children,
grandchildren, and great-grandchildren.
Ann’s family is giving assistance to their mother through this
stressful time by giving donations for the repair of her home.
If you can help in anyway please contact:
Tammy Williams @ (604) 655-9310
Assembly of First Nations
NATIONAL YOUTH CONFERENCE
FEBRUARY 9-11, 1997
World Trade and Convention Centre
Halifax, Nova Scotia
ESSAY CONTEST - YOUTH ISSUES
The Assembly of First Nations (AFN) has a limited amount of
funds available to sponsor delegates to the National Youth
Conference. If you, or someone you know, would like to take
advantage of this opportunity, please read the criteria below and
forward the required information to the AFN.
Criteria: The ideal candidates should:
- be between the ages of 14-25 (if under 18, must be accompa-
nied by an adult);
- submit a brief biography
- submit a one page essay on what they feel are the current First
Nations youth issues and how these issues could be addressed; a
- be willing and able to speak in workshops and plenary
sessions on the issues that are important to them and their
communities.
Candidates can submit the information on or before
December 16, 1996 in order to be considered for sponsorship.
Sponsorship includes travel, accommodation and per diem.
Please send submissions to: Christian Garrow, Youth Coordina-
tor, Assembly of First Nations, 1 Nicholas Street, 10th Floor,
Ottawa ~ Ontario, K1N 7B7 or fax to (613) 241-5808. For more
information, please contact Carolyn Hunter and Penny Jacko at
the AFN, (613) 241-6789,
UBCIC NEWS
NATIVE SISTERHOOD
Burnaby Correctional Center for Women
August 8th, 1996
To: Union of B.C. Indian Chiefs
I am writing on behalf of the Native Sisterhood at the Burnaby
Correctional Center for Women. A women who is imprisoned
feels hurt, angry, mentally and spiritually lost, without family
and friends. The Native Sisterhood would like to offer
assurance that the Sisterhood of native prisoners are strong and
supportive. We want to keep our sisters together, not only
native, all nationalities are welcome to participate.
We would appreciate, money, fabric for dresses, blankets and
ceremonial items, leather scraps, big and small beads, nylon
thread, wax for thread, big and small plastic hoops for
dreamcatchers. Small hoops, Shepard hooks and other
materials for making earrings. We aiso need short and long
beading needles, sewing needles, wool, latch hook kits and
cotton batting for blankets. Things like new cloths, cologne,
hand soaps, shampoo, etc., are needed as raffle prizes.
We are also asking for things we need for the sisterhood get
together such as: A sewing machine, a cassette player, a
television, a V.C.R. , a party size coffee maker, an instimatic
cameras, and a microwave.
Your donation would help us women work together and get to
know each other better, this is the reason we want to make the
sisterhood strong. With God’s help and your donations we can
do it. On behalf of the Sisters, God Bless you and thank-you
very much.
Could you please address all donations to Marcia Monk, Native
Sisterhood, 7900 Fraser park drive Burnaby B.C, V5J- 5B9
All my relations
Marcia Monk, President Native Sisterhood
ABORIGTAL RIGHTS:
RUOW them-
EXERCISE them-
DEFEND them!
Seasons Greetings
WINTER 1996
11
UBCIC NEWS
THE HEILTSUK NATION PRESENTS:
"OQATUWAS ~ PEOPLE GATHERING TOGETHER"
(Film Premier January 11, 1996)
( J atuwas - People Gathering Together
™q__ is the new feature documentary by
award - winning ‘Namgis First Nations
director Barb Cramner that records a
remarkable journey of strength, spirit, ae
and cultural revitalization among
northwest coastal Native communi-
ties. The public is invited to the
premier screening of Qatuwas - People Gathering
Together, Saturday, January, 11th at 8 p.m., at the
Squamish Nation Recreation Centre, 100 Capilano
Road in North Vancouver. Tickets are $8-6$ at the
door, children under 12 admitted free. Vibrant songs,
dances, and ceremonies will be shared through the
evening, as representatives from many First Nations
join in celebrating this new film.
For some 10,000 years, the ocean-going canoe
has served as both practical vessel, and powerful
cultural symbol for the First Nations peoples of the
Pacific northwest coast. But in the 200 years since
European contact, the canoe significance has been
gradually displaced. Until recently, that is, when
twenty-one tribal groups from British Columbia and
Washington answered the Heiltsuk people's challenge
to build great cedar canoes and prepare crews to
paddle to a traditional canoe and cultural gathering in
Belia Bella.
Qatuwas- People Gathering Together is the
inspiring story of the remarkable resurgence of
community, spirituality, and custom that has accompa-
nied this event. Communities worked together for
four years to carve new canoes, and train paddlers.
Three thousand people gathered on the shores of Bella
Bella to welcome the communities that had paddled up
to a month and 600 miles to get there. It has been a
journey that has connected participants with their
nations and their ancestors in deeply affirming ways.
Director Barb Cranmer shows great sensitivity
in bringing together the voices and different experi-
ences of the canoe-communities and crews who've
made this journey. She notes that, "As a filmmaker, I
serve as the messenger. It is essential that our own
people tell our own stories. This documentary is both
a reflection on how far we've come, and a celebration
of the hope that Qatuwas means for our communities.”
Cranmer's previous film Laxwesa wa-Strength of the
River was also well-received by audiences last year.
Co-producer Frank Brown, of the Heiltsuk
Nation, has been an aspiring force for the resurgence
of the canoe societies. The Voyage of Re-Discovery
; Msispie aia within our own communities. The canoe is a
‘video documented the canoe voyages Brown led to Expo
'86 and the Seattle Centennial in 1989 which led up to
the historic Qatuwas gathering. He emphasizes that,
“Qatuwas - People Gathering Together docu-
yi ments an important new chapter in the continu-
ing story of our peoples. It shows a living
example of positive solutions coming from
powerful symbol of our healing journey. It is a vessel for
coastal community empowerment. First Nations have a very
strong message to give to the rest of the world: how to live
sustainabley. We had 10,000 years of continuous habitation
within our territory to demonstrate this point."
Ticket Reservations please call 940-0145 or 430-8424.
Event information: Frank Brown at 604-957-2774 or the
Heiltsuk Tribal Council Office at 604-957-2381. Fax 957-2544
Media: to arrange interviews, photos, video, copies, please call
Teresa at 604-666-3838.
8TH Annual North American
Native Arts:agd Crafts Fair
Decemberf#i & 22, 1996
10:00 g.age - 7:00 p.m.
Aborigifial#’ fiendship Center
ast Hastings
ARTS DISPLAYS £ LAS ING DEMONSTRATION
MAKE YOUR’OWN, DREAMCATCHER
CULT eag ogbcepreroemeer
POrTeY REA aap “TEMPORARY
rr Vay: LS Si WT
Wayne Lavalee Spi me lum Dancers & More
HOOP JANC} EXHIBITIONS
MEDICINE, WHEEL{WORKSHOPS
WINTER Si jest acy CEREMONY
SATUR (ORNING
ADMISSION: $18@SENFORS / KIDS FREE
ARTISTS ABE TABLES
$40.00 PER 00 PRE-PAID
Sponsored by the F ginal Expressions
CALL KAT (664) 253-1020
12
WINTER 1996
UBCIC NEWS
The David Suzuki Foundation
(Vancouver, October 24, 1996 - for immediate release)
Salmon Farming Industry Threatens B.C.'s Wildlife Fish Stocks
/ pen netcages, unregulated drug
use, and imported Atlantic
salmon eggs threaten wild fish stocks,
according to a David Suzuki Foundation
report released today.
"The way it operates today, B.C.'s
salmon netcage industry threatens the
survival of fragile wild fish stocks, such
as the Fraser River salmon, and may
even put human health at risk. To
manage these hazards we must immedi-
ately stop importing Atlantic salmon
eggs, monitor drug use, and change the
open fish cages, which release sewage
and diseases, into closed pens,” says the
Foundation's Executive Director Jim
Fulton.
The Suzuki Foundation says B.C.
industry stands in sharp contrast to the
sound practices followed in 85% of the
world's fish farming, which is carried out
on land and closely tied to agriculture.
Fish wastes in Asia are used as crop
fertilizer, but in B.C. become sewage.
“The unsurpassed wild environ-
ment along the B.C. coast supports a
multi-billion dollar commercial and
sport fishery and tourism business. It is
the foundation of Native culture, and it
provides a home and recreation for
hundreds of thousands of people. We
appreciate the jobs salmon farming can
bring. But this study tells us we stand to
lose far more that we gain. We need to
set this industry on a course which helps
us, not hurts us,” explained Fulton.
The major risk is that wild fish
could be decimated by the spread of
virulent diseases. The problem starts
with the netcage system itself. These
cages float in the ocean, and are filled
with high densities of farm fish. The
jammed and stressful conditions of the
netcages mean they can become breeding
grounds for disease epidemics. The use
of fish grown from imported Atlantic
salmon eggs compounds this danger.
Atlantic salmon are preferred by the
industry because they grow more rapidly,
and they are more docile. The trouble is,
the imported fish can bring new diseases
with them which can spread like wildfire
among our native fish. To combat these
threats, the industry injects fish with
drugs and regularly mixes drugs with the
feed.
These measures don't always
work. In Norway the industry uses
similar netcage systems to those in B.C.
There, eggs imported from Scotland
brought epidemics of such diseases as
furunculosis, which spread rapidly
among wild fish which had little resist-
ance to the new pathogens. In fruitless
efforts to control the spread of disease,
the Norwegian government spent, in one
instance, $100 million of taxpayer's
funds. In an earlier attempt to eradicate
an epidemic, the government completely
poisoned 20 rivers.
The fundamental problem is that
the netcages are open to the ocean
environment. Escapes of farm fish are
inevitable, leading to generic and other
harmful interactions with wild fish.
Sewage from fish feces and other wastes
builds up in the areas around the
hetcages, sewage which contain disease
pathogens and drugs. In total the sewage
is equivalent to the amount produced by
a half million people. This refuse is
deposited right in the food chain along
the B.C. coast to be picked up by fish
such as black cod, herring and salmon.
Eight disease outbreaks have
already occurred, and many scientists
report that a large-scale epidemic will
eventually happen among both wild an
farmed fish. The netcages are typically
located in sheltered bays such as
Clayoquote Sound, areas with rich
marine life. Close to fifty of the cages
are found among the islands and bays
along Johnstone Straight, right in the
path of the most Fraser River spawning
salmon.
"At least 140 distinct salmon
stocks in B.C. are already extinct. To
help rebuild salmon stocks, commercial,
native and sport fishermen made big
sacrifices this year. We need to make
sure this sacrifice is not in vain,” says
Fulton
The netcage industry's use of
drugs has been targeted by the Founda-
tion because of its possible effects on
human health. The repeated us of drugs
to hold the fish diseases at bay has
already led to diseases fully resistant to
three types of antibiotics. This cavalier
and largely unregulated overuse of drugs
concems scientists because it reduces the
pool of antibiotics available for human
medicine.
The drugs also leave residues in
the fish and shellfish in the areas around
the net cages which are used for food by
local communities, particularly First
Nations. There is no government
monitoring of these health effects, or
those on fish farm workers who are
frequently exposed to antibiotics and
other drugs.
The David Suzuki Foundation
makes 12 recommendations. They
include using:
- only native salmon
- closed containment systems which
fully treat sewage and prevent contact
with wild fish
- mandatory industry insurance covering
full ecological restoration of catastrophic
events
- government monitoring of drug use
and the spread of drug-resistant diseases.
The foundation is submitting its
report to the Salmon Aquaculture
Review which is currently being con-
ducted by B.C.’s Environmental Assess-
ment Office.
Contact: David Hocking
Communications Director
(604) 732-4228
WINILR 1996
13
UBCIC NEWS
UNION OF B.C. INDIAN CHIEFS
SUBSCRIPTION FORM
NAME:
FOR OFFICE USE ONLY
ADDRESS: DATE RECEIVED:
CHEQIN.O. #
EXPIRY DATE:
PROVINCE/STATE: POSTAL/ZIP CODE:
1 YEAR SUBSCRIPTION
NLETTER INDIVIDUALS: $35.00
NCLIPPING MEMBER BANDS: $75.00 INDIVIDUALS: $100.00
TOTAL AMOUNT ENCLOSED 3
Please make cheque or money order payable to: UNION OF B.C. INDIAN CHIEFS, STH FLOOR - 342
WATER STREET, VANCOUVER, B.C., V6B 1A1
om -
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14
WINTER 1996
-
Union of B. C. Indian Chiefs
NEWSLETTER
WINTER 1996
IRWIN IGNORES OVER 70% OF FIRST NATIONS
Intends to Proceed Unilaterally with Indian Act Amendments
V A N C O U V E R , December 3, 1996 - The
federal Liberal government, under the
direction of Indian Affairs Minister, Ron
Irwin, has proposed significant changes to
the Indian Act. The proposed changes will
significantly alter the relationship between
Indian Peoples and the federal government.
The proposed changes will drastically
INSIDE THIS ISSUE...
2. Message from the President
3. Royal Commission on Aboriginal
Peoples
4. Health
5. IIG / Resource Centre Update
6. Indian Water Rights in B.C.
7. The U.N. Declaration on the Rights of
Indigenous Peoples
8. Legal Update
9. Treaty 8 Tribal Association
12. "QATUWAS-PEOPLE
GATHERING TOGETHER"
13. The David Suzuki Foudation
WINTER 1996
reduce the fiduciary duties owed by the
federal government to Indian Peoples, do
not recognize the inherent aboriginal
right of self determination, nor do they
restructure the relationship between Indian
nations and the federal government to
one of equality. Indian Peoples have said a
resounding " N o " to these changes.
Minister Irwin continues to refuse
to heed the voice of the Indian Peoples.
Resolutions and letters from over 70% of
First Nations in Canada have clearly rejected
the proposed amendments. The Minister
deems Indian Peoples' rejection of the
proposed changes irrelevant and is
determined to push these through the House
of Commons.
Indian Peoples have stated very
clearly that fiddling with the Indian Act
will not rectify the situation in which Indian
Peoples f i n d themselves today.
Restructuring the Indian Act will not
recognize our inherent right to self
determination nor our aboriginal title and
right to our ancestral Lands. With these
changes the federal government is imposing
a policy of self administration and self
termination.
Even the Report of the Royal
Commission on Aboriginal Peoples,
released November 21, 1996, which the
federal government spent a considerable
amount of money on, clearly states that
amendments to the Indian Act are not the
solution and that the only means of
improving the situation of Indian Peoples
is a fundamental restructuring of the
relationship between the Canadian
government and Indian Peoples.
Minister Irwin avoids dealing with
the substance of why the situation of Indian
Peoples' political, social and economic
misery does not change. Instead of rolling
up his sleeves and addressing the real
problems with real solutions, he simply
pays lip service to the problems faced by
Indian People by proposing these changes.
He hides the truth while he seeks title to
our homelands. He denies our voice and
any real hope of substantive and lasting
change, instead choosing to proceed with
his unilateral and assimilationist policy.
The M i n i s t e r is using every
manipulative tool, including a few of our
leaders, to impose these changes.
The only solution to the problems
faced by Indian Peoples is for the federal
government to accept our right to self
determination and recognize our title and
rights to our ancestral lands. We must act
now. We will be heard. There is no other
way.
Since the Minister is not telling his
caucus the truth - we must do that ourselves.
The UBCIC is calling on all peoples to help
stop the manipulation, denial and avoidance
of real solutions. Write, fax, and/or phone
the Prime Minister and your member of
parliament at their constituency offices or
to their offices in Ottawa.
Contact: Chief Saul Terry, President
(604) 684-0231
INDIAN ACT AMENDMENTS
(Continued on page 8)
1
UBCIC NEWS
Message From
The President:
Dear
Editor:
Much has been and
continues to be made in
the print, audio and video
media of the B.C. Treaty
Commission. So much
time, money and effort
expended on the process.
The B.C. Treaty Commission, however, is seen by
many of our Peoples as
simply another termination
initiative to have our
people to utterly and completely surrender to Canada. It is
another government designed S.W.A.T. (Special Words and
Tactics) to distract us from the real issue of attaining selfreliance, self-determination and decolonization.
When we stop and look about at the political statements on policy and legislation, one can not help but
shudder at what we are permitting to go on. M r . Chretien,
now Prime Minister, was determined in 1971 to implement
the White Paper Policy regardless of our opinions and
aspirations, by using different approaches, at different
paces, with different groups, at different times. So when
we stop and take that look about, that is exactly what we
see. A l l the governments' terms of reference to negotiate
the unresolved Land Question in British Columbia are
based on the extinguishment of Title for money, and recognition of our Title is rejected as a basis of agreement.
Indigenous Peoples authorities are to be based on nonIndian institutions. Self-determination is to be rejected and
self-sufficiency is to be realized only through employment
or prudent money management of fixed settlement dollars.
Provincial participation in all negotiations is made essential, so we do not have a nation-to-nation treaty-making
process but a process for a tripartite agreement with a local
government holding a veto power over our title, rights and
interests. If they can be called treaties, then they are
treaties of total capitulation and I know our people cannot
accept that. The cabinet document of 1979 (outlining the
Liberal strategy for termination), the Nielsen Task Force
recommendations of 1985 and the Charlottetown Accord of
1992 all display a similar strategy and intent to weaken and
discredit Indigenous Peoples. Such termination policies
outlined an unwillingness to waste time with unacceptable
matters such as Title, and Self-determination. Also to be
avoided are those people committed to fighting for Indian
2
"Public relations S.W.A. T. Teams, especially for
the federal government, are in constant overtime to show government proposals as fair,
just, generous and economical."
Rights but encouragement is offered to those willing to
deliver government-designed programs. Negotiation
time-limits are set and enforced by threats of legislated
settlements. Public relations S.W.A.T. teams, especially for the federal government, are in constant overtime to show government proposals as fair, just, generous and economical.
This then is the legacy that the B.C. Treaty
Commission brings, the continued policy of termination
through its modem beads and trinkets settlement agreements. It is a bogus treaty making process.
Chief Saul Terry
President
UBCIC CHRISTMAS OFFICE
CLOSURE
The Union of B.C. Indian Chiefs offices
w i l l be closed for the Christmas Break
Monday, December 2 3 , 1 9 9 6 and w i l l Reopen on Thursday, January 2nd, 1997.
The Members, Executive and Staff of
the Union of B.C. Indian Chiefs wishes you
all a Peaceful, Safe and Happy Holiday
Season.
We look forward to working with you
all in the New Year for the recognition of our
Aboriginal Title & Rights and the betterment
of our Peoples...
WINTER 1996
Royal Commission on Aboriginal Peoples
R O Y A L COMMISSION ISSUES A C H A L L E N G E
November 22, 1996 - Ottawa - Yesterday the Royal
Commission on Aboriginal Peoples released its final report. It calls
for a fundamental change i n the relationship between Indian
nations and Canada, one that would turn dependency into
productivity and prosperity. The eyes of the Indian citizens and of
Canadians are now upon their respective governments. Major
changes are expected, but once again it is dependent upon the
political will of the federal government.
The Indian Peoples of British Columbia are united in
calling for Minister Ron Irwin to abandon his proposed Indian Act
amendments, and deal instead with the substantive issues
recommended by the Royal Commission on Aboriginal Peoples. If
this were done, the political, social, economic, cultural and spiritual
violation which our families have endured for generations may be
alleviated.
The near annihilation our people by federal policies such as
the Indian Act of 1876, the anti-potlatch laws of 1884, the Buffalo
Jump policies of the 1980's, and the current off-load-and-run
policies of the current federal government must cease.
Immediate dialogue with our nations must begin. Our
nations are ready.
We agree with the Commission in their view that substantive
progress cannot take place with - or through- the Department of
Indian Affairs. It is badly tainted with colonial history and does not
have the confidence of our Peoples, or the capacity, to address the
fundamental changes which the Commission has called for.
The position of the Union of B.C. Indian Chiefs took after
the White Paper of 1969, and which we have maintained since that
time, has been vindicated by this report. For example, the
Commission has rejected the notion that extinguishment is the
price to be paid for resolving the Land Question. It has stated that
treaty-making is the "exclusive preserve of nations", and added
that to do otherwise' 'would detract from the nature of treaties and
the integrity and status of the nations that make them.''
The process currently being promoted in British Columbia
by the Liberal government will result i n less-than-treaties. In the
Commission's final report, they are referred to as merely "Intergovernmental agreements" - not authentic nation-to-nation
agreements. This is not what our elders and past leaders struggled
so hard to protect.
Our people must have a close look at the recommendations
contained in this five volume document. It is the blueprint for
profound changes. We the citizens of our Indian nations, together
with the Canadian public, cannot permit the Commission's final
report to collect dust Too much is at stake, especially for the youth
who must bear the burden of assuring the survival of future
generations. We all have a responsibility to rise to the challenges
that face us, and the Royal Commission has focused the dialogue
on many of the fundamental issues.
We look forward to discussing these issues with our elders,
our youth, and all of our citizens in the weeks to come, so that
together we can press the federal government to embrace a new
path.
-30Contact: Chief Saul Terry, President U B C I C (604) 684-0231
Assembly of First Nations Responds to Royal Commission Report
November 21, 19% - The National Chief of the Assembly of First Nations, Ovide Mecredi, called the Royal Commission
Report on Aboriginal Peoples, "Too valuable to ignore, too far-reaching to disregard, and too historic to neglect. The commission
report represents the last chance this century to achieve economic equality and social justice for aboriginal peoples," said Chief
Mercredi. "It is a good opportunity for Canadians to end a century of dishonour".
The report, entitled "People to People: Nation to Nation" is the "most comprehensive consultation, extensive research and
detailed analysis ever sanctioned by the Government of Canada", said Chief Mecredit. "For First Nations peoples, the report can
only inspire hope for the future. If ther is political will on the part of the government to succeed where others have failed, this report
can provide the blueprint for recovery."
National Chief Mercredi said that Prime Minister Jean Chretien must now meet with the First Nations' leadership to ensure
that the report is acted upon. "Recentiy, the Prime Minister has shown international leadership to end hardship in foreign lands,"
said Chief Mecredi. "We are confident that he will show the same attention to help improve conditions for aboriginal peoples here at
home."
"I will convene a Nation-to-Nation Summit on January 21-23 as a first step to begin implementing this report," said the
National Chief. "On behalf of First Nations and over one million aboriginal peoples, I invite the Prime Minister to attend and
represent the people of Canada." Chief Mecredi said a formal invititation to the Prime Minister and the Cabinet to attend the
summit will be extended on Tuesday, November 26 at the end of a Special Chiefs' Confederacy Meeting.
AFN PRESS R E L E A S E (Continued on page 7)
WINTER 1996
3
UBCIC NEWS
HEALTH REPORT
In the 1995-19% fiscal year, the Indian communities
discovered that there were changes to their health benefits.
Health and Welfare, Canada failed to notify aboriginal peoples
regarding their plans. The Union of B.C. Indian Chiefs organized to inform as many aboriginal citizens as possible - both on
and off-reserve. A Health Bulletin was produced and mailed to
them. Up to 70 concerned aboriginal people came to the Chiefs
Council meeting on March 13th and marched to the Medical
Services Branch offices in Vancouver to confront the Regional
Director regarding cut-backs to the Non-Insured Health Benefits.
People were assured that immediate changes were made
only to the dental services. Updates were mailed out on April
11th and May 2nd. The UBCIC Newsletter carried the issue
and was distributed widely. On May 9, 1996 a press conference
was called. At least another 50 aboriginal people including
Chiefs attended. On July 5th a pressreleasewas issued by the
Union of B.C. Indian Chiefs and the Indian Homemakers
Association of B.C. during the International AIDS Conference
to announce cutback to health services to aboriginal people
while the AIDS virus is spreading in the Indian communities.
This press release was distributed to delegates of the Indigenous
peoples session at the First Nations House of learning at the
University of British Columbia. The last update on the NTHB
issue appeared in the UBCIC Newletter in August.
Letters have been written to David Dingwall, Minister of
Health and Welfare, Canada; Mr. Larry McCafferty, Regional
Director of Pacific Region for Medical Services Branch; and the
Human Rights Commission in Geneva, Switzerland. Petitions
were signed by aboriginal people both on and off-reserve and
included in the package to the Human Rights Commission.
This year the Union of B.C. Indian Chiefs submitted a
budget proposal for a Health Services Monitoring Program in
B.C. Larry McCafferty, Regional Director rejected this proposal despite the fact that his department budgeted and committed $123,000 for consultation and liaison work.
It was interesting to learn that the Canadian Dental
Association were not consulted and that the changes also came
as a surprise to the insurance carriers who administer the plan.
The Medical Services failed to meet or even discuss changes to
the dental plan with dentists across the country.
The following gives a good example of some calls to the
UBCIC:
1. Members of an Indian Band who were invoiced for
the amount not covered or paid by insurance and told it is the
patient's responsibility.
2. A patient, living off reserve, has terminal illness.
This patient requires counselling to deal with the situation.
Medical Services wrote to the doctor stating "MSB's mandate in
this area is to provide funding for service only as a last resort
where other ministries' mandates or statues do not provide
coverage. Services we fund must be crises-oriented and short
term; the Branch has no authority to provide funding for ongoing support or counselling".
4
3. A letter from Masset in which the family expressed
concern that in order toreceivehealth care, they must reside on
areserveand yet they have been waiting four years to get a
house on their reserve. They also have a son with allergies.
They state that they feel discriminated against because they
cannot receive any benefits from living on the reserve and
cannot live onreservefor lack of housing.
4. Copy of a prescription from a clinic whichrefusedto
process it after calling MSB for authorization.
5. Copy of statement mailed to family of a student who
had a physical examination in order to participate in interscholastic athletics at school.
6. Invoice sent to patient, off-reserve, because his
medical plan stated that his coverage was cancelled.
7. Many phone calls from people who were embarrassed
when they went for dental or medical exams and were told there
was cut-backs to their health benefits.
The UBCIC received copies of letters from a dental
association to Indian bands in Ontario in which they were told
that they would have to pay up front with cash, cheques or
charge cards.
The Assembly of First Nations held several national
meetings to address this issue. As of this date, they informed
the UBCIC that more cut-backs are pending.
Re: Canada Changes Position on
Self-Determination and "Peoples"
To: Ovide Mercredi, National Chief
From: Rolland Pangowish (In Geneva)
Date: Oct 3 1 / %
1. Canada is now announcing an official change in its
position. It will now use the term "Peoples", both with
the respect to the Draft Declaration and in all other
respects, including domestic use.
2. Canada will also support "Self-Determination",
except it is qualified that it does not entail
' 'dismemberment'' of existing states and respects
"territorial integrity". Also involves "negotiations"
(i.e. "self-gov't.).
3. The Draft Final Report of this Session appears to
include all the points raised by the Indigenous Caucus
regarding equal participation. Next battle will be at the
Commission on Human Rights, where states opposed
may take moves against.
~ Further updates to follow on Friday.
c.c.
Perry Belgarde
International Instruments Cttee.
WINTER 1996
UBCIC NEWS
Institute of Indigenous Government
NEWS FROM THE
UBCIC RESOURCE CENTRE
Extension Programs
The Institute of Indigenous Government is committed to
expanding extension and off-campus programming to enhance
First Nations' access to unique education programs in British
Columbia, Canada, and around the world. The IIG's goal is to
deliver up to 80% of our courses "off-campus" in regional
centers and Indigenous communities through the extension
program and by innovative distance learning strategies.
The Institute of Indigenous Government is the first in
Canada to have independent power to grant a one-year Certificate and a two-year Associate of Arts degree in Indigenous
Government Studies. A four-year Bachelors of Arts degree is
expected to commence within the next 3 years.
The IIG's first extension program commenced in the
Spring of 1996 at the Saanich Nation Adult Education Center.
The extension arrangement enables students from the Saanich
Nation to access instruction, student development workshops,
and community support while pursuing their post-secondary
studies. Elders from the community have enriched the courses
through their cultural, social and spiritual guidance to the
students and staff.
The second extension program started in the Fall of 1996
at Lillooet, B.C. Majority of the students are employed fulltime in the community while taking a full day of instruction one
day a week. IIG is committed in providing quality programs to
communities who are interested in establishing an Extension
Program. If you would like more information about the Extension Program, courses, enrollment criteria, transferable, equivalency credits or potential locations, contact:
Jennie Blankinship, Director of Extension Programs
342 Water Street, Lower Level
Vancouver, B.C. V6B 1B6
Phone (604) 602-9555
Fax (604) 602-3432
UBCIC Newsletter Deadline
If you have any material that you would like to see in the
next edition of the Union of B.C. Indian Chiefs Newsletter, please forward to our Vancouver office by fax or
mail as soon as possible to the attention of "UBCIC
NEWS LETTER". We would appreciate the volume of
information be kept to a minimum so others can benefit
from this service. Please do not fax business cards.
Suggestions or comments are always welcome. Next
deadline is January 15, 1997. Remember, our new
address is 5th Floor - 342 Water Street, Vancouver,
B.C. V6B 1B6. Our phone and fax number remain the
same. Phone (604) 684-0231 Fax:(604) 684-5726.
WINTER 1996
Recent special visitors to the Resource Centre
include Renae Morisseau, singer/film producer;
twenty Chilean professors; a small group of Ainu
people from Japan; and First Nation researchers
from all over B.C.
For researchers, we recently put RG-10 Finding
Aids on one of our computer workstations so that
these Finding Aids can be keyword searched and we
have ordered several new reels of RG-10 film. We
have also acquired the reels of film from the Surveyor
General of B.C. which hold the Indian reserve
survey maps for the province.
A new First Nations business magazine is
being published out of Vancouver and just came out
with its second issue. Twelve issues of First Nations
Business can be subscribed to for $45. Subscription
requests can be sent to 526 - 119 West Pender,
Vancouver V6B 1S5. Phone (604) 669-5208 FAX
488-1251. The publishers welcome submissions.
Everyone who has seen it in our Resource Centre
has commented on the professional quality of this
new magazine.
The final report of the Royal Commission on
Aboriginal Peoples will be out before the end of
November. We tried to reserve free copies through
the RCAP office but were referred to Canada
Communications, the federal government's
publishing office in Ottawa. The cost of the report
has not been made public When the newspaper
reports that the publication is available, contact:
Canada Communications Group, Publishing
Division, Ottawa. Phone: (819) 994-5389 or, if you
live near a centre where there is a University or
large enough bookstore, they may carry copies.
A word of personal advice from the Library
staff for those who have important documentation
on their computer hard drives...make sure you
backup regularly. We experienced the dreaded hard
drive "crash" but a magnetic tape backup made on
a daily basis saved our information. What might
have been a disaster was only a short term
inconvenience because we had a full backup for the
hard drive.
I suspect that we wont get out another issue
of the Newsletter before Christmas so the Resource
Centre staff want to take this opportunity to wish
everyone a Safe and Happy Holiday Season.
5
UBCIC NEWS
INDIAN WATER RIGHTS IN BRITISH C O L U M B I A
The
history of
Indian water rights
in B.C. is the history
In that same sixty year period the provincial economy
was increasingly dominated by industrial production
and commercial agriculture and Indian peoples hadgone
from 70% - 4% of British Columbia's population.
of the provincial
government's refusal
to allot Indian water rights and the government of Canada's
failure to act within its power to assert those rights. From the
1860s to the 1920s the governments of British Columbia and
Canada "managed" water rights i n a manner that effectively
negated B . C . Indian Nations' access to and control of precious
water resources.
As early as 1859 the Colony of British Columbia had
developed a water rights policy of sorts. The policy stipulated
that users of water (for the most part gold miners) had to
register their right to water with the local magistrate or Gold
Commissioner. This served to limit disputes over access to
water and maintain order in the gold rush period. Indian water
rights did not concern Colonial Administrators; their primary
motivation was an orderly exploitation of mineral resources i n
the " G o l d Colony".
In 1871 British Columbia became part of Canada and
almost immediately a debate ensued between the province and
the federal government regarding the allotment of Indian
Reserves. The province insisted that the federal government's
allotment policy was too generous while the federal government
claimed that the provincial allocations were too small. The
ongoing debate resulted, in 1876, in the formation of a joint
federal-provincial body called the Indian Reserve Commission
which was empowered to allot Indian reserves in B.C.
The Indian Reserve Commissioners allotted many Bands
water rights along with land, especially in the interior where
assured access to water was crucial to agricultural activities. In
1878 the Indian Reserve Commission approached the province
in an attempt to ascertain the legal status of the Commissioner's
water allotments. It received no reply.
In 1884 the British Columbia legislature finally
articulated its stance when it approved a Land Act that made
absolutely no provision for Indian water rights. In December of
1884 B.C.'s Chief Commissioner of Lands and Works told
federal officials that individual Indians could apply for water
rights under the Land Act like any other British Columbian, but
that the Indian Reserve Commissioners "had not the slightest
authority to confer any rights to water upon the Indians". In
1888 the province amended the Land Act to allow for reservebased water rights on any unrecorded and unappropriated
water applied for under the Act. It is important to note that the
amendment still did not accept the earlier rights granted by the
Reserve Commissioners; it only stipulated that as of 1888
applications for water rights coming from Indian Reserves
would be considered by the province. While federal officials
stated their opposition to provincial policy, they made no effort
to force the p r o v i n c e , through p o l i t i c a l pressure or
6
constitutional
measures, to reverse
its position. Under
provincial
legislation water
rights were
administered by the Water Rights Board of Investigation. The
Board decided on the amount of water any applicant would
receive based on the amount of water available from a given
source and the priority of the application (applicants were given
priority on a given water source based on the date of their
application). However the Board of Investigation refused to
deal i n any substantive way with Indian water rights until 1921
when the province, after forty-plus years, passed the Water
Claims Act.
The Water Claims Act did not recognize any Indian
water claims based on Indian Reserve Commission allotments.
Instead the act stipulated that it would utilize lists of Indian
water rights submitted by Indian Agents in the 1888-1889
period to make water rights allotments to Indian Bands. These
lists usually included the Reserve Commissioner's water
allocations but in many cases errors were made in the transfer
of information. Furthermore, the Board of Investigation was
not i n any way bound by the earlier allocations. The 1888 lists
were considered but the Board's final decision was also based
on the status of existing licences, water availability and
beneficial use. This often resulted i n a significant reduction of
the water right initially allotted by the Indian Reserve
Commission.
From the 1860s to the 1920s, successive colonial and
provincial administrations had steadfastly refused to
acknowledge Indian peoples right to water resources. In that
same sixty year period the provincial economy was increasingly
dominated by industrial production and commercial agriculture
and Indian peoples had gone from 70% to 4% of British
Columbia's population. In tight of these developments the
Water Claims Act was criminally inadequate. The federal
government's performance was no better. In a period when the
Dominion Government was willing to fight constitutional
battles on such issues as French language rights i n Ontario,
New Brunswick and Quebec and control of forests, streams and
rivers in Ontario it could not garner the energy, money or
political will to battle British Columbia on the issue of Indian
water rights.
Even after water licences were finally issued to Indian
Bands secure access to water was not assured. Water rights
legislation has never recognized an aboriginal right to water nor
has traditional use of water resources ever been a consideration
in licensing. This has meant that water licences can be reduced
or lost i f a Band does not meet the criteria of "beneficial use".
Beneficial use in this context means water for domestic use or
INDIAN WATER RIGHTS (Continued page 7)
WINTER 1996
UBCIC NEWS
INDIAN WATER RIGHTS (Continuedfrompage 6)
for narrowly defined European style agriculture. In the 1930s
and 1940s many Indian Bands lost water licences when DIA
failed to construct the water works needed to meet beneficial use
criteria. Sometimes DIA simply allowed licences to lapse and
in other cases licences were lost or reduced if water inspectors
judged that Indian Bands did not have enough land under
agricultural production to justify the water licence.
The history of Indian water rights in B. C. in many ways
parallels the history of Indian land in the province. It is the
same old story of arrogance and disregard of Indian peoples,
their land and their resources. As Chief Saul Terry has
previously stated, "today, as in years past, Indian water rights
mean survival for our people and our future generations".
Understanding the history of Indian water rights will help in
protection and extension of Indian water rights in the future.
Publications
Indian Water Rights in British Columbia, UBCIC (1991).
Since Time in Immemorial: Indian Water Rights in British
Columbia, Susan Abs, Indian Water Rights Committee (1989).
Want to learn more about your Band's water rights?
* The provincial Water Management Branch can provide
you with information regarding licences held by your Band.
There is a fee for computer time but it is not prohibitively
expensive. Telephone (250) 387-5981
* If you believe that the Department of Indian Affairs
has not effectively protected your water rights the Union of B.C.
Indian Chiefs Specific Claims Department can research the
issue on your behalf at no cost to your Band. Contact UBCIC
Specific Claims at (604) 684-0321.
What can you do to protect the water rights you now hold?
* Learn as much as you can about the provincial water
rights process. Knowledge of the system allows for the
development of strategies that will help you protect your rights
and fight for change.
* Designate a contact person at a Band or Tribal Council
level to deal with water rights issues. This person would keep
track of existing licences as well as be knowledgeable regarding
the history of the Band's water rights in order to protect those
that now exist and attempt to regain those rights lost.
* Ensure that the ' 'beneficial use'' criteria is met. Until
such time as the system of licensing is changed the province has
within its power the right torevokewater licences where water
use criteria is not met.
David Roth, UBCIC Research
THE U.N. DECLARATION O N THE
RIGHTS OF INDIGENOUS PEOPLES
The Union of B.C. Indian Chiefs held their 28th Annual
General Assembly on October 23-25, 1996 at which time the
United Nations Declaration on the Rights of Indigenous Peoples
was to be discussed and ratified i f necessary.
In the meantime, meetings were being held i n Geneva,
Switzerland by the U . N . Inter-Sessional Working Group on the
U . N . Draft Declaration on the Rights of Indigenous Peoples. After
two days of discussions, Indigenous participants agreed to present
a proposal to the chairman suggesting that the existing declaration
be immediately adopted without changes or amendments. This
was ignored by the chairman and States representatives. Several
attempts were made to reintroduce the proposal by other Indigenous
delegates but were dismissed by the chair. This left no alternative
but for the Indigenous delegations to leave the proceedings. They
did not want States to dilute or change the Declaration.
A message was received at the Union of B.C. Indian Chiefs
Assembly on Oct. 23 rd and a letter of support was immediately
released to the Indigenous delegates in Geneva.
The delegate for the Assembly of First Nations issued an update on October 31,1996 reporting that Canada announced it will
now use the term "peoples" and support "self-determination".
However Canada qualified this by requesting development of a
common understanding, consistent with evolving international
law, of how this right is to apply to indigenous collectivities, and
what the content of this right includes. Canada stated further that
the right shall not be construed as authorizing or encouraging any
action which would dismember or impair, totally or i n part, the
territorial integrity or political unity of sovereign and independent
states. Canada's position to the Inter-Sessional Working Group is
that self-government be based on negotiated agreements and that
their jurisdiction and authority are exercised in harmony with those
of other governments. While Canada claims that it is sensitive to
the importance of collective rights and responsibilities in indigenous
societies, Article 34 which addresses this issue, could be interpreted
as subordinating the rights of the individual to those of the
collectively.
// is important for the Union of B.C. Indian Chiefs to
adopt the Draft Declaration on the Rights of Indigenous
Peoples in order to maintain international ties between
Indigenous Nations against States Governments who continue
to allow destruction to the lands, resources and way of life
A F N P R E S S R E L E A S E (Continued from page 3)
The Confederacy meeting, which will be attended by over 100
aboriginal leaders from across Canada, will review the royal
commission report. A special press conference will be held on
that day to provide an in-depth response to specific recommendations contained in the report.
For additional information please contact Jean LaRose at (613)
241-6789, ext. 251
WINTER 1996
7
UBCIC NEWS
LEGAL UPDATE
Opetchesaht Appeal:
Supreme Court of Canada
The sole issue which the Court must decide is whether a
Section 28(2) permit is valid if it is worded so as to allow for a
third party to use reserve land for as long as the land is needed
for a stated purpose. Before the court in Opetchesaht was a
permit to B.C. hydro which was issued by the Minister with the
consent of Chief and Council to run for as long as Hydro needed
the land for a transmission line.
The case argued on behalf of the Opetchesaht Band, and
on behalf of the Union of B.C. Indian Chiefs member bands was
that such a permit is null and void because it does not state
clearly a reasonable and definable time for the permit to end.
As worded, the permit grants an indefinite interest in reserve
land to a third party. This kind of interest, we argued, can only
be granted through the surrender provisions of the Indian Act.
Counsel for the Opetchesaht Band, also argued that such an
interest in reserve land may be validity taken through the
expropriation provisions, but on behalf of the UBCIC, I did not
joint this argument. We argued that because the permit was bad
from the beginning, the hydro line is in trespass. This situation
could only be remedied through renegotiation of a s.28(l)
permit with a fixed term, or by the company acquiring the land
through a valid surrender. Should neither events occur, the
company would berequiredto remove their lines, and relocate
them off the reserve.
Against us was Canada, B.C. Hydro, and a coalition of
other utility companies, all of who hold Section 28(2) permits to
use land on Indian reserves.
The UBCIC intervention raised a number of points
which the court clearly listened to. Our main points were these:
- At a time when the permit was entered into 37 years
ago, no one knew at that time, nor does anyone know today,
when the permit would end. (Mr. Justice Cory put the question
directly to Canada as well as to B.C. Hydro whether they could
say when the permit would be terminated, and neither could
say.)
- The word "period" within the meaning Section 28(2)
must mean a passage oftimewith a fixed termination point,
and not a period of time which is never ending. B.C. Hydro's
permit amounted to an alienation of an interest in reserve land.
This kind of alienation could only be affected by a surrender.
This is so, because as a matter of common law and statute, it is
Band members who hold a collective interest in the reserve.
Chief and Council is not the owner, and has no power by
themselves to alienate an interest in reserve.
Since as far back as the Royal Proclamation of1763,
and reflected in the Indian Act, the surrender provisions have
been provided the process for Band members to consent to the
alienation of their collective interest. The surrender provisions
are conspicuously fair.
Chief and Council does not have the authority to independently give consent on behalf of the Band to alienate an
8
interest inreserveland. Chief and Council's authority is
circumscribed by the collective interest of the Band members in
reserve land, a well as Crown fiduciary obligations which are
embedded in the surrender provisions.
B.C. Hydro and Canada argued that it is beneficial for
Indian people that the court interpret Chief and Councils power
broadly, so as to permit Chief and Council to consent to such an
alienation. In reply , we pointed out the hollowness of this
position by reference to the permit in issue. The Band averaged
$3 per acre per year if the permit was to terminate immediately.
How can this interpretation of the Indian Act be for aboriginal
people's be good?
Finally, we addressed Canada and B.C. Hydro's concern
that the Court ruling against them would be prohibitively costly.
We pointed out that aboriginal people get nothing from the
permits, and there is no way torenegotiatethe permits based
on the changed circumstances which will have occurred with
the passage of time. We were left with the impression that the
court would not be taking a great deal oftimeto render a
decision.
INDIAN ACT AMENDMENTS
This year, the Minister of Indian and Northern Affairs
made a commitment to proceed with his initiatives to amending
the Indian Act.
Through the summer, Indian leaders met nationally and
submitted a resolution to the Minister of Indian Affairs
demanding to halt his amendment process. The majority of
Indian people did not know of the amendments as consultation
with them had not taken place.
There is no doubt that the Indian Act requires changes
but options that are Indian driven must be considered by the
people. Our options encompasses our goals towards selfdetermination through the recognition of our Aboriginal Title
and Rights.
Meetings were held between Department of Indian
Affairs officials and the Chiefs Committee on Enforcement of
the First Nations-Crown Relationship. At a second meeting on
November 22, 1996 in Ottawa, the Chiefs were told that the
Minister of Indian Affairs had every intention of going ahead
with the amendments. There are up to 60 proposed amendments
and are very dangerous to the aboriginal and treaty rights of our
Peoples.
On November 26, 1996 the Confederacy of Nations
(A.F.N.) passed a resolution calling for the dismissal of the
Minister of Indian Affairs because he is not listening to our
message. The resolution expressed the Indian leadership's lack
of confidence in the Minister.
The relationship between the Federal Government and
the Indian Nations has been driven further apart by the actions
of this Minister. This Liberal government must support the
directions and goals of Indian Peoples.
WINTER 1996
UBCIC NEWS
TREATY 6 TRIBAL
ASSOCIATION
Cantor Mistaking notification for Consultation,
Say Treaty 8 Chiefs
for immediate release
November 28,1996 — In the wake of yesterday's confrontation between Natives and Canfor northwest of Fort St. John, at
which Treaty 8 First Nations stopped a logging crewfromproceeding into an area claimed by them, Tribal Chief Judy Maas
declared the renewed determination of the Halfway River First
Nation to stop the planned cutting.
"We're not going to give up, and we're not going to go
away," she said. "We have nowhere to go; this is our home."
According to recent press reports, Canfor explained they
only want to cut based on the permit the Ministry of Forests issued
to them, and felt the Halfway River First Nation had been adequately consulted. To this, Maas answered, "Canfor and the
Minstry of Forests seem to be mistaking "notification' for 'consultation.'"
"I have a stack of letters to the Ministry of Forests and to
Canfor protesting the planned logging in this small area. For two
years now, we have been telling them this place is vital to the
continued exercise of our treaty and aboriginalrights,and for two
years they have been ignoring or dismissing us." Maas said that if
people were looking for someone to blame the confrontation on,
they need look no turner than the Ministry of Forests, "They issued
the permit illegally, over our objections, so what did they expect?"
Maas also sought to allay concerns the public may have
about the economic impact of the protest, "People have expressed
concern that our opposition to a couple of cutting permits will cost
jobs. What they don't understand is that these permits constitute
only 3.4% of Canfor's five yeare plan in the Fort St John Forest
District alone, and only afractionof 1 % of their overall timber
supply." Maas said Canfor could easily get replacement cut blocks
in less sensitive areas if they wanted to. Regardless, she felt that
the costs to the Halfway River Native people would be far greater
than to Canfor's profit margin. "It's only afreactionof 1% to
Canfor, but it's everything to us. This patch of land is our grocery
store, our bank, our drug store, and our home."
"I find the Ministry of Forests' and Canfor management's
insensitivity and callous disregard for Native people just obscene,"
she said.
Maas constrasted the insensitivity of Foresty and Canfor
management to the respectful way in which Canfor employees
treated the Native people at the blockade. "When we explained
our position, and why we could not allow them to pass, the Canfor
workers shook hands with us in mutual respect and understanding
that each of us was doing what we had to."
Halfway River First Nation Chief Bemie Metecheah hoped
for similar understanding from the public. "People have to
understand we don't protest every cutting permit. We're only
interested in sustainable, environmentally responsible development
which respects ourrightsand specialtiesto our land." Metecheah
pointed out that his band's membership enjoyed constitutionally
WINTER 1996
protectedrighrtsto the land Canfor wants to log out, and that those
rights become meaningless if the land is destroyed "Wedon'twant
complete moratoriums, only a little resepect."
Metecheah also asked the public to re-consider their
stereotypes of Indians and Indian blockades. "People think First
Nations are 'anti-development.' The opposite is true. Native
people have as much stake in the local economy as anyone else;
perhaps even more because we are in Northern B.C. to stay."
Metecheah added that, while a healthy economy is important,
"because of our spiritual and culturaltiesto this land, we're also
worried about the sustainability of our economy. When the last
tree is gone, and the last stream is polluted, we cant just retire and
move to Florida."
"Don't underestimate our determination to see this out," he
concluded.
Contact:
Tribal Chief Judy Maas, Treay 8 Tribal Association
(250)785-0612
Chief Bemie Metecheah, Halfway River First Nation
(250) 772-5058
JOB POSTING
Joint Policy Council Technician
The Union of B.C. Indian Chiefs requires a full-time Technician
Coordinator to work with the Chiefs Council in the on-going development
of the Joint Policy Council (JPC). Established in 1993 by the Union of
B.C. Indian Chiefs and the Province of British Columbia, the purpose of
the JPC is to identify a range of issues that require resolution through
mutual development of policies which do not derogate from the bilateral
nation-to-nationrelationshipbetween Indian Nations and the Government
of Canada and to improve the social, economic and cultural life of the
Indian Nations in British Columbia.
Responsibilities:
- to recommend agenda items to the UBCIC Chiefs Council;
- to undertake technical analysis, research and development activities to
further the objectives of the Joint Policy Council;
- to prepare issue memoranda on specific agenda items as directed by the
Chiefs Council;
- to prepare options and set our recommendations for the resolution of
policy issues between the Parties;
- to establish and corrdinate small working committees as required;
- to monitor on-going provincial policies affecting First Nations.
Qualifications: Must have:
- University degree and experience in political science and history,
- highly developed analytical, research and communication skills with the
ability to draft background documents, option reports/proposals and
memoranda as required;
- sound knowledge of Indian governments, goals of the UBCIC and the
principles of the Aboriginal Title and Rights position.
Closing Date: December 20, 1996
Salary: Negotiable
Mail/Fax Resumes to:
Union of B.C. Indian Chiefs
Halie Bruce, Administrative Assistant
5* Floor, 342 Water Street
Vancouver, B.C. V6B 1B6
Fax: (604) 6S4-5726
9
UBCIC NEWS
Indian Homemakers
Association of B.C.
Traditional Parenting
Skills Program
"WELCOME FIRST NATIONS WOMEN"
Developing Positive Indian Parenting Skills Through:
Personsal Development - Family Roots, Co-dependency,
Talking Circle, Self Worth, Self Esteem.
Life Skills - Anger Management, Family Violence, Problem
Solving, Communication, Budgeting, Nutrition.
Parenting Skills - Family History, Family Roles, Parent/Child
Relationships, Early Childhood Education.
Cultural Awareness - Native Spirituality, Beliefs/Values,
Physical Fitness (Sing/Dance), Sewing, Honouring Our Children, Basic Native Concepts/Teachings/Principles.
AMBUSHED
The Legal Services Society Board made a decision to
discontinue their funding to one of our Aboriginal
organizations, The Vancouver Aboriginal Justice Center
Society.
The Justice Center had provided legal advice and
services to Aboriginal people in need since 1994. The Center
primarily serves the Lower Mainland's Aboriginal population
of over 100,000, as well as Aboriginal people from across the
country. This unique Aboriginal Organization is the only
Aboriginal-specific service of its kind in the lower mainland.
Our Brother and Sisters need your help at this time.
We are the most over represented people in the Canadian
Justice system and services like the Justice Center can help
alleviate this huge problem. We cannot allow this necessary
service be lost to bureaucratic red tape.
The Aboriginal Justice Center needs your support!
We are circulation a petition for all concerned people to sign.
Please sign it when you see it! Any letters ofsupport would be
greatly appreciated (please direct letters to the Board of the
Aboriginal Justice Center Society, 191 Alexander Street,
Vancouver, B.C., V6A 1N3. Please show your support!
If you have and questions or comments, please call us at
the above phone and fax numbers!
Aboriginal Justice Center Society,
Tel: (604) 684-2121
Fax: (604) 684-2177
Next Session Starts: January 6, 1997.
Deadline for Applications: January 13, 1997
Interviews: January 6-8, 1997
12 weeks, Monday through Thursday, 9:30 am - 2:30 pm,
Fridays: preparations
For more information contact Ellen Antoine or Margaret Harris
at (604) 876-0944.
CITY-WIDE SHELL BOYCOTT TODAY!
Local activists to demonstrate at 8 Vancouver Shell stations and counting...
Vancouver-Today,
Friday, November 8th between 4:156:00 pm, there will be protests at eight Shell stations in the
Vancouver area. Demonostraters are protesting against the role
of Shell in the murders of Ken Saro-Wiwa and eight other Ogoni
activists almost one year to the day they were hanged.
The central location will be the Shell station at BURRARD and
DAVIE where members of the Ogoni Solidarity Network will be
making a statement to the media. There will also be major
protest to the following stations:
Broadway and Arbutus
41st and Granville
King Edward and Oak
Main and 12th
Main and 2nd
Victoria and Hastings
#3 Road and Granville (Richmond)
10
Boycott participants will include high school, college and
university students, human rights worker, environmentalists,
union activists and many other concerned individuals
throughout Vancouver.
Shell Canada denies responsibility for the environmental
crimes and human rights atrocities in Nigeria, despite the fact
the it is a majority-owned by Shell International. However,
according to Dr. Owens Wiwa, the brother of the late Ken
Saro-Wiwa, "The name of Shell is Shell. If Shell Canada
does not like what their parent company is doing, then they
should make that very public and then change their name. It's
simple"
For more information, contact:
The Ogoni Solidarity Network
grassroots action to save Ogoniland
Tel: 873-8554 * Fax: 872-0709
WINTER 1996
UBCIC NEWS
URGENT
TO ALL CHIEFS AND COUNCILS
AND
ALL INDIAN BANDS IN THE PROVINCE OF B.C.
NATIVE SISTERHOOD
Burnaby Correctional Center for Women
August 8th, 1996
To: Union of B.C. Indian Chiefs
On September 4th, 1996, Ann Williams, an elder, of the
Pauquachin Band suffered an immeasurable loss when her
home and all of a her personal belongings were destroyed by
fire.
To this day her home still sits as it was left the night of the
tragedy with no windows, holes in the roof. Ann would like to
return to her home for the remaining years of her life but the
money required to repair it for her has not arrived. It is the
beginning of winter and unless the house is repaired now the
rain will destroy what is left of the structure and her memories
of the happy times she has spent there with her children,
grandchildren, and great-grandchildren.
Ann's family is giving assistance to their mother through this
stressful time by giving donations for the repair of her home.
If you can help in anyway please contact:
Tammy Williams @ (604) 655-9310
Assembly of First Nations
NATIONAL YOUTH CONFERENCE
F E B R U A R Y 9-11, 1997
World Trade and Convention Centre
Halifax, Nova Scotia
ESSAY CONTEST - YOUTH ISSUES
The Assembly of First Nations (AFN) has a limited amount of
funds available to sponsor delegates to the National Youth
Conference. If you, or someone you know, would like to take
advantage of this opportunity, please read the criteria below and
forward the required information to the AFN.
Criteria: The ideal candidates should:
- be between the ages of 14-25 (if under 18, must be accompanied by an adult);
- submit a brief biography
- submit a one page essay on what they feel are the current First
Nations youth issues and how these issues could be addressed; a
- be willing and able to speak in workshops and plenary
sessions on the issues that are important to them and their
communities.
Candidates can submit the information on or before
December 16, 1996 in order to be considered for sponsorship.
Sponsorship includes travel, accommodation and per diem.
Please send submissions to: Christian Garrow, Youth Coordinator, Assembly of First Nations, 1 Nicholas Street, 10th Floor,
Ottawa - Ontario, K I N 7B7 or fax to (613) 241-5808. For more
information, please contact Carolyn Hunter and Penny Jacko at
the AFN, (613)241-6789.
WINTER 1996
I am writing on behalf of the Native Sisterhood at the Burnaby
Correctional Center for Women. A women who is imprisoned
feels hurt, angry, mentally and spiritually lost, without family
and friends. The Native Sisterhood would like to offer
assurance that the Sisterhood of native prisoners are strong and
supportive. We want to keep our sisters together, not only
native, all nationalities are welcome to participate.
We would appreciate, money, fabric for dresses, blankets and
ceremonial items, leather scraps, big and small beads, nylon
thread, wax for thread, big and small plastic hoops for
dreamcatchers. Small hoops, Shepard hooks and other
materials for making earrings. We also need short and long
beading needles, sewing needles, wool, latch hook kits and
cotton batting for blankets. Things like new cloths, cologne,
hand soaps, shampoo, etc., are needed as raffle prizes.
We are also asking for things we need for the sisterhood get
together such as : A sewing machine, a cassette player, a
television, a V.C.R , a party size coffee maker, an instimatic
cameras, and a microwave.
Your donation would help us women work together and get to
know each other better, this is the reason we want to make the
sisterhood strong. With God's help and your donations we can
do it. On behalf of the Sisters, God Bless you and thank-you
very much.
Could you please address all donations to Marcia Monk, Native
Sisterhood, 7900 Fraser park drive Burnaby B.C. V5J- 5B9
All my relations
Marcia Monk, President Native Sisterhood
Seasons Greetings
11
UBCIC NEWS
THE HEILTSUK NATION PRESENTS:
"QATUWAS - PEOPLE GATHERING TOGETHER"
(Film Premier January 11, 1996)
Qatuwas
- People Gathering Together
is the new feature documentary by
award - winning "Namgis First Nations
director Barb Cramner that records a
remarkable journey of strength, spirit,
and cultural revitalization among
northwest coastal Native communities. The public is invited to the
premier screening of Qatuwas - People Gathering
Together, Saturday, January, 11th at 8 p.m., at the
Squamish Nation Recreation Centre, 100 Capilano
Road in North Vancouver. Tickets are $8-6$ at the
door, children under 12 admitted free. Vibrant songs,
dances, and ceremonies will be shared through the
evening, as representatives from many First Nations
join in celebrating this new film.
For some 10,000 years, the ocean-going canoe
has served as both practical vessel, and powerful
cultural symbol for the First Nations peoples of the
Pacific northwest coast. But in the 200 years since
European contact, the canoe significance has been
gradually displaced. Until recently, that is, when
twenty-one tribal groups from British Columbia and
Washington answered the Heiltsuk people's challenge
to build great cedar canoes and prepare crews to
paddle to a traditional canoe and cultural gathering in
Bella Bella.
Qatuwas- People Gathering Together is the
inspiring story of the remarkable resurgence of
community, spirituality, and custom that has accompanied this event. Communities worked together for
four years to carve new canoes, and train paddlers.
Three thousand people gathered on the shores of Bella
Bella to welcome the communities that had paddled up
to a month and 600 miles to get there. It has been a
journey that has connected participants with their
nations and their ancestors in deeply affirming ways.
Director Barb Cranmer shows great sensitivity
in bringing together the voices and different experiences of the canoe-communities and crews who've
made this journey. She notes that, "As a filmmaker, I
serve as the messenger. It is essential that our own
people tell our own stories. This documentary is both
areflectionon how far we've come, and a celebration
of the hope that Qatuwas means for our communities.''
Cranmer's previous film Laxwesa wa-Strength of the
River was also well-received by audiences last year.
Co-producer Frank Brown, of the Heiltsuk
Nation, has been an aspiring force for the resurgence
of the canoe societies. The Voyage of Re-Discovery
12
video documented the canoe voyages Brown led to Expo
'86 and the Seattle Centennial in 1989 which led up to
the historic Qatuwas gathering. He emphasizes that,
"Qatuwas - People Gathering Together documents an important new chapter in the continuing story of our peoples. It shows a living
example of positive solutions coming from
within our own communities. The canoe is a
powerful symbol of our healing journey. It is a vessel for
coastal community empowerment. First Nations have a very
strong message to give to the rest of the world: how to live
sustainabley. We had 10,000 years of continuous habitation
within our territory to demonstrate this point."
Ticket Reservations please call 940-0145 or 430-8424.
Event information: Frank Brown at 604-957-2774 or the
Heiltsuk Tribal Council Office at 604-957-2381. Fax 957-2544
Media: to arrange interviews, photos, video, copies, please call
Teresa at 604-666-3838.
8TH Annual North American
Native Arts and Crafts Fair
December 21 & 22, 1996
10:00a.m.- 7:00 p.m.
Aboriginal Friendship Center
1607EastHastings
ARTS DISPLAYS CARVING DEMONSTRATION
MAKE YOUR OWN DREAMCATCHER
CULTURAL DANCE PERFORMERS'
POETRY READING CONTEMPORARY
ENTERTAINMENT
WayneLavaleeSpakwausGlalumDancers&More
HOOPDANCEEXHIBITIONS
MEDICINE WHEEL WORKSHOPS
WINTER SOLSTICE CEREMONY
SATURDAY MORNING
ADMISSION:$1.00SENIORS/KIDS FREE
ARTISTS AND CRAFT TABLES:
$40.00 PERDAY/$70.00PRE-PAID
Sponsored bytheAboriginalExpressions
CALL KAT(604)253-1020
WINTER 1996
UBCIC NEWS
The David Suzuki Foundation
(Vancouver, October 24, 1996 - for immediate release)
O
Salmon Farming Industry Threatens B.C.'s Wildlife Fish Stocks
pen netcages, unregulated drug
use, and imported Atlantic
salmon eggs threaten wild fish stocks,
according to a David Suzuki Foundation
report released today.
"The way it operates today, B.C.'s
salmon netcage industry threatens the
survival of fragile wild fish stocks, such
as the Fraser River salmon, and may
even put human health at risk. To
manage these hazards we must immediately stop importing Atlantic salmon
eggs, monitor drug use, and change the
open fish cages, which release sewage
and diseases, into closed pens," says the
Foundation's Executive Director Jim
Fulton.
The Suzuki Foundation says B.C.
industry stands in sharp contrast to the
sound practices followed i n 85% of the
world's fish farming, which is carried out
on land and closely tied to agriculture.
Fish wastes in Asia are used as crop
fertilizer, but in B . C . become sewage.
"The unsurpassed wild environment along the B . C . coast supports a
multi-billion dollar commercial and
sport fishery and tourism business. It is
the foundation of Native culture, and it
provides a home and recreation for
hundreds of thousands of people. We
appreciate the jobs salmon farming can
bring. But this study tells us we stand to
lose far more that we gain. We need to
set this industry on a course which helps
us, not hurts us," explained Fulton.
The major risk is that wild fish
could be decimated by the spread of
virulent diseases. The problem starts
with the netcage system itself. These
cages float in the ocean, and are filled
with high densities of farm fish. The
jammed and stressful conditions of the
netcages mean they can become breeding
grounds for disease epidemics. The use
of fish grown from imported Atlantic
salmon eggs compounds this danger.
Atlantic salmon are preferred by the
industry because they grow more rapidly,
and they are more docile. The trouble is,
WINTER 1996
the imported fish can bring new diseases
with them which can spread like wildfire
among our native fish. To combat these
threats, the industry injects fish with
drugs and regularly mixes drugs with the
feed.
These measures don't always
work. In Norway the industry uses
similar netcage systems to those i n B . C .
There, eggs imported from Scotland
brought epidemics of such diseases as
furunculosis, which spread rapidly
among wild fish which had little resistance to the new pathogens. In fruitless
efforts to control the spread of disease,
the Norwegian government spent, i n one
instance, $100 million of taxpayer's
funds. In an earlier attempt to eradicate
an epidemic, the government completely
poisoned 20 rivers.
The fundamental problem is that
the netcages are open to the ocean
environment. Escapes of farm fish are
inevitable, leading to generic and other
harmful interactions with wild fish.
Sewage from fish feces and other wastes
builds up i n the areas around the
netcages, sewage which contain disease
pathogens and drugs. In total the sewage
is equivalent to the amount produced by
a half million people. This refuse is
deposited right i n the food chain along
the B . C . coast to be picked up by fish
such as black cod, herring and salmon.
Eight disease outbreaks have
already occurred, and many scientists
report that a large-scale epidemic will
eventually happen among both wild an
farmed fish. The netcages are typically
located i n sheltered bays such as
Clayoquote Sound, areas with rich
marine life. Close to fifty of the cages
are found among the islands and bays
along Johnstone Straight, right in the
path of the most Fraser River spawning
salmon.
"At least 140 distinct salmon
stocks i n B . C . are already extinct. To
help rebuild salmon stocks, commercial,
native and sport fishermen made big
sacrifices this year. We need to make
sure this sacrifice is not i n vain," says
Fulton
The netcage industry's use of
drugs has been targeted by the Foundation because of its possible effects on
human health. The repeated us of drugs
to hold the fish diseases at bay has
already led to diseases fully resistant to
three types of antibiotics. This cavalier
and largely unregulated overuse of drugs
concerns scientists because it reduces the
pool of antibiotics available for human
medicine.
The drugs also leave residues in
the fish and shellfish i n the areas around
the net cages which are used for food by
local communities, particularly First
Nations. There is no government
monitoring of these health effects, or
those on fish farm workers who are
frequently exposed to antibiotics and
other drugs.
The David Suzuki Foundation
makes 12 recommendations. They
include using:
- only native salmon
- closed containment systems which
fully treat sewage and prevent contact
with wild fish
- mandatory industry insurance covering
full ecological restoration of catastrophic
events
- government monitoring of drug use
and the spread of drug-resistant diseases.
The foundation is submitting its
report to the Salmon Aquaculture
Review which is currently being conducted by B.C.'s Environmental Assessment Office.
Contact: David Hocking
Communications Director
(604) 732-4228
13
UBCIC NEWS
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ADDRESS:
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NCLIPPING
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S75.00
TOTAL AMOUNT ENCLOSED
Please make cheque or money order payable to:
INDIVIDUALS: $100.00
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UNION OF B.C. INDIAN CHIEFS, 5TH FLOOR - 342
WATER STREET, VANCOUVER, B.C., V6B 1A1
CHIEFS MASK BOOKSTORE
&
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14
WINTER 1996
Union of B.C. Indian Chiefs
NEWSLETTER
WINTER 1996
IRWIN IGNORES OVER 70% OF FIRST NATIONS
Intends to Proceed Unilaterally with Indian Act Amendments
VANCOUVER, December 3, 1996 -- The
federal Liberal government, under the
direction of Indian Affairs Minister, Ron
Irwin, has proposed significant changes to
the Indian Act. The proposed changes will
significantly alter the relationship between
Indian Peoples and the federal government.
The proposed changes will drastically
INSIDE THIS ISSUE...
2. Message from the President
3. Royal Commission on Aboriginal
Peoples
4. Health
5. IG / Resource Centre Update
6. Indian Water Rights in B.C.
7. The U.N. Declaration on the Rights of
Indigenous Peoples
8. Legal Update
9. Treaty 8 Tnbal Association
12. “QATUWAS-PEOPLE
GATHERING TOGETHER”
13. The David Suzuki Foudation
reduce the fiduciary duties owed by the
federal government to Indian Peoples, do
not recognize the inherent aboriginal
right of self determination, nor do they
restructure the relationship between Indian
nations and the federal government to
one of equality. Indian Peoples have said a
resounding *‘No’”’ to these changes.
Minister Irwin continues to refuse
to heed the voice of the Indian Peoples.
Resolutions and letters from over 70% of
First Nations in Canada have clearly rejected
the proposed amendments. The Minister
deems Indian Peoples’ rejection of the
| proposed changes irrelevant and is
determined to push these through the House
of Commons.
Indian Peoples have stated very
clearly that fiddling with the Indian Act
will not rectify the situation in which Indian
Peoples find themselves today.
Restructuring the Indian Act will not
recognize our inherent right to self
determination nor our aboriginal title and
right to our ancestral Lands, With these
changes the federal government is imposing
a policy of self administration and self
termination,
Even the Report of the Royal
Commission on Aboriginal Peoples,
released November 21, 1996, which the
federal government spent a considerable
amount of money on, clearly states that
amendments to the Indian Act are not the
solution and that the only means of
improving the situation of Indian Peoples
is a fundamental restructuring of the
relationship between the Canadian
government and Indian Peoples.
Minister Irwin avoids dealing with
the substance of why the situation of Indian
Peoples’ political, social and economic
misery does not change, Instead of rolling
up his sleeves and addressing the real
problems with real solutions, he simply
pays lip service to the problems faced by
Indian People by proposing these changes.
He hides the truth while he seeks title to
our homelands. He denies our voice and
any real hope of substantive and lasting
change, instead choosing to proceed with
his unilateral and assimilationist policy.
The Minister is using every
manipulative tool, including a few of our
leaders, to impose these changes.
The only solution to the problems
faced by Indian Peoples is for the federal
government to accept our right to self
determination and recognize our title and
rights to our ancestral lands. We must act
now. We will be heard. There is no other
way.
Since the Minister is not telling his
caucus the truth- we must dothat ourselves.
The UBCIC is calling on all peoples to help
stop the manipulation, denial and avoidance
of real solutions. Write, fax, and/or phone
the Prime Minister and your member of
parliament at their constituency offices or
to their offices in Ottawa.
Contact: Chief Saul Terry, President
(604) 684-0231 :
INDIAN ACT AMENDMENTS
(Continued on page 8)
WINTER 1996
UBCIC NEWS
Message From
The President:
lear Editor:
= Much has been and
continues to be made in
the print, audio and video
media of the B.C. Treaty
Commission. So much
time, money and effort
expended on the process.
The B.C. Treaty Commis-
sion, however, 1s seen by
many of our Peoples as
simply another termination
initiative to have our
people to utterly and completely surrender to Canada. It is
another government designed S.W.A.T. (Special Words and
Tactics) to distract us from the real issue of attaining self-
reliance, self-determination and decolonization.
When we stop and look about at the political state-
ments on policy and legislation, one can not help but
shudder at what we are permitting to go on. Mr. Chretien,
now Prime Minister, was determined in 1971 to implement
the White Paper Policy regardless of our opinions and
aspirations, by using different approaches, at different
paces, with different groups, at different times. So when
we stop and take that look about, that is exactly what we
see. All the governments’ terms of reference to negotiate
the unresolved Land Question in British Columbia are
based on the extinguishment of Title for money, and recog-
nition of our Title is rejected as a basis of agreement.
Indigenous Peoples authorities are to be based on non-
Indian institutions. Self-determination is to be rejected and
self-sufficiency is to be realized only through employment
or prudent money management of fixed settlement dollars.
Provincial participation in all negotiations is made essen-
tial, so we do not have a nation-to-nation treaty-making
process but a process for a tnipartite agreement with a local
government holding a veto power over our title, rights and
interests. If they can be called treaties, then they are
treaties of total capitulation and I know our people cannot
accept that. The cabinet document of 1979 (outlining the
Liberal strategy for termination), the Nielsen Task Force
recommendations of 1985 and the Charlottetown Accord of
1992 all display a similar strategy and intent to weaken and
discredit Indigenous Peoples. Such termination policies
outlined an unwillingness to waste time with unacceptable
matters such as Title, and Self-determination. Also to be
avoided are those people committed to fighting for Indian
hi
“Public relations $.W.A.T. Teams, especially for
the federal government, are in constant over-
time to show government proposals as fair,
just, generous and economical.”
Rights but encouragement is offered to those willing to
deliver government-designed programs. Negotiation
time-limits are set and enforced by threats of legislated
settlements. Public relations $.W.A.T. teams, espe-
cially for the federal government, are in constant over-
time to show government proposals as fair, just, gener-
ous and economical.
This then is the legacy that the B.C. Treaty
Commission brings, the continued policy of termination
through its modern beads and trinkets settlement agree-
ments. It is a bogus treaty making process.
Chief Saul Terry
President
UBCIC CHRISTMAS OFFICE
CLOSURE
The Union of B.C. Indian Chiefs offices
will be closed for the Christmas Break
Monday, December 23, 1996 and will Re-
open on Thursday, January 2nd, 1997.
The Members, Executive and Staff of
the Union of B.C. Indian Chiefs wishes you
all a Peaceful, Safe and Happy Holiday
Season.
We look forward to working with you
allinthe New Year forthe recognition of our
Aboriginal Title & Rights and the betterment
of our Peoples...
ie
WINTER 1996
Royal Commission on Aboriginal Peoples
ROYAL COMMISSION ISSUES A CHALLENGE
November 22, 1996 - Ottawa -- Yesterday the Royal
Commission on Aboriginal Peoples released its final report. It calls
for a fundamental change in the relationship between Indian
nations and Canada, one that would turn dependency into
productivity and prosperity. The eyes of the Indian citizens and of
Canadians are now upon their respective governments. Major
changes are expected, but once again it is dependent upon the
political will of the federal government.
The Indian Peoples of British Columbia are united in
calling for Minister Ron Irwin to abandon his proposed Jndian Act
amendments, and deal instead with the substantive issues
recommended by the Royal Commission on Aboriginal Peoples. If
this were done, the political, social, economic, cultural and spiritual
violation which our families have endured for generations may be
alleviated.
The near annihilation our people by federal policies such as
the Jndian Act of 1876, the anti-potlatch laws of 1884, the Buffalo
Jump policies of the 1980’s, and the current off-load-and-run
policies of the current federal government must cease.
Immediate dialogue with our nations must begin. Our
nations are ready.
We agree with the Commission in their view that substantive
progress cannot take piace with - or through- the Department of
Indian Affairs. It is badly tainted with colonial history and does not
have the confidence of our Peoples, or the capacity, to address the
fundamental changes which the Commission has called for.
The position of the Union of B.C. Indian Chiefs took after
the White Paper of 1969, and which we have maintained since that
time, has been vindicated by this report. For example, the
Commission has rejected the notion that extinguishment is the
price to be paid for resolving the Land Question. It has stated that
treaty-making is the ‘‘exclusive preserve of nations’’, and added
that to do otherwise ‘*would detract from the nature of treaties and
the integrity and status of the nations that make them.”’
The process currently being promoted in British Columbia
by the Liberal government will result in less-than-treaties. In the
Commission’s final report, they are referred to as merely ‘‘Inter-
governmental agreements’’ - not authentic nation-to-nation
agreements. This is not what our elders and past leaders struggled
so hard to protect.
Our people must have a close look at the recommendations
contained in this five volume document. It is the blueprint for
profound changes. We the citizens of our Indian nations, together
with the Canadian public, cannot permit the Commission’s final
report to collect dust. Too much is at stake, especially for the youth
who must bear the burden of assuring the survival of future
generations. We all have a responsibility to rise to the challenges
that face us, and the Royal Commission has focused the dialogue
on many of the fundamental issues.
We look forward to discussing these issues with our elders,
our youth, and all of our citizens in the weeks to come, so that
together we can press the federal government to embrace a new
path.
-30-
Contact: Chief Saul Terry, President UBCIC (604) 684-0231
Assembly of First Nations Responds to Royal Commission Report
November 21, 1996 - The National Chief of the Assembly of First Nations, Ovide Mecredi, called the Royal Commission
Report on Aboriginal Peoples, "Too valuable to ignore, too far-reaching to disregard, and too historic to neglect. The commission
report represents the last chance this century to achieve economic equality and social justice for aboriginal peoples," said Chief
Mercredi. “It is a good opportunity for Canadians to end a century of dishonour".
The report, entitled "People to Peopie: Nation to Nation" is the "most comprehensive consultation, extensive research and
detailed analysis ever sanctioned by the Government of Canada”, said Chief Mecredit. "For First Nations peoples, the report can
only inspire hope for the future. If ther is political will on the part of the government to succeed where others have failed, this report
can provide the blueprint for recovery."
National Chief Mercredi said that Prime Minister Jean Chretien must now meet with the First Nations’ leadership to ensure
that the report is acted upon. "Recently, the Prime Minister has shown international leadership to end hardship in foreign lands,"
said Chief Mecredi. "We are confident that he will show the same attention to help improve conditions for aboriginal peoples here at
home.”
"I will convene a Nation-to-Nation Summit on January 21-23 as a first step to begin implementing this report,” said the
National Chief. "On behalf of First Nations and over one million aboriginal peoples, I invite the Prime Minister to attend and
represent the people of Canada.” Chief Mecredi said a formal invititation to the Prime Minister and the Cabinet to attend the
summit will be extended on Tuesday, November 26 at the end of a Special Chiefs' Confederacy Meeting.
AFN PRESS RELEASE (Continued on page 7)
WINIER 1996
3
UBCIC NEWS
HEALTH REPORT
In the 1995-1996 fiscal year, the Indian communities
discovered that there were changes to their health benefits.
Health and Welfare, Canada failed to notify aboriginal peoples
regarding their plans. The Union of B.C. Indian Chiefs organ-
ized to inform as many aboriginal citizens as possible - both on
and off-reserve. A Health Bulletin was produced and mailed to
them. Up to 70 concerned aboriginal people came to the Chiefs
Council meeting on March 13th and marched to the Medical
Services Branch offices in Vancouver to confront the Regional
Director regarding cut-backs to the Non-Insured Health Ben-
efits.
People were assured that immediate changes were made
only to the dental services. Updates were mailed out on April
lith and May 2nd. The UBCIC Newsletter carried the issue
and was distributed widely. On May 9, 1996 a press conference
was called. At least another 50 aboriginal people including
Chiefs attended. On July 5th a press release was issued by the
Union of B.C, Indian Chiefs and the Indian Homemakers
Association of B.C. during the International AIDS Conference
to announce cutback to health services to aboriginal people
while the AIDS virus is spreading in the Indian communities.
This press release was distributed to delegates of the Indigenous
peoples session at the First Nations House of learning at the
University of British Columbia. The last update on the NIHB
issue appeared in the UBCIC Newletter in August.
Letters have been written to David Dingwall, Minister of
Health and Welfare, Canada; Mr. Larry McCafferty, Regional
Director of Pacific Region for Medical Services Branch; and the
Human Rights Commission in Geneva, Switzerland. Petitions
were signed by aboriginal people both on and off-reserve and
included in the package to the Human Rights Commission.
This year the Union of B.C. Indian Chiefs submitted a
budget proposal for a Health Services Monitoring Program in
B.C. Larry McCafferty, Regional Director rejected this pro-
posal despite the fact that his department budgeted and commit-
ted $123 000 for consultation and liaison work.
It was interesting to learn that the Canadian Dental
Association were not consulted and that the changes also came
as a surprise to the insurance carriers who administer the plan.
The Medical Services failed to meet or even discuss changes to
the dental plan with dentists across the country.
The following gives a good example of some calls to the
UBCIC:
1. Members of an Indian Band who were invoiced for
the amount not covered or paid by insurance and told it is the
patient's responsibility.
2. A patient, living off reserve, has terminal illness.
This patient requires counselling to deal with the situation.
Medical Services wrote to the doctor stating "MSB's mandate in
this area is to provide funding for service only as a last resort
where other ministries’ mandates or statues do not provide
coverage. Services we fund must be crises-oriented and short
term; the Branch has no authority to provide funding for on-
going support or counselling".
3. A letter from Masset in which the family expressed
concern that in order to receive health care, they must reside on
a reserve and yet they have been waiting four years to get a
house on their reserve. They also have a son with allergies.
They state that they feel discriminated against because they
cannot receive any benefits from living on the reserve and
cannot live on reserve for lack of housing.
4, Copy of a prescription from a clinic which refused to
process it after calling MSB for authorization.
5. Copy of statement mailed to family of a student who
had a physical examination in order to participate in interscho-
lastic athletics at school.
6. Invoice sent to patient, off-reserve, because his
medical plan stated that his coverage was cancelled.
7, Many phone calls from people who were embarrassed
when they went for dental or medical exams and were told there
was cut-backs to their health benefits.
The UBCIC received copies of letters from a dental
association to Indian bands in Ontario in which they were told
that they would have to pay up front with cash, cheques or
charge cards.
The Assembly of First Nations held several national
meetings to address this issue. As of this date, they informed
the UBCIC that more cut-backs are pending.
Re: Canada Changes Position on
Self- Determination and ‘‘Peoples”’
To: Ovide Mercredi, National Chief
From: Rolland Pangowish (In Geneva)
Date: Oct 31/ 96
1. Canada is now announcing an official change in its
position. It will now use the term ‘‘Peopiles’’, both with
the respect to the Draft Declaration and in all other
respects, including domestic use.
2. Canada will also support ‘‘Self-Determination’’,
except it is qualified that it does not entail
‘‘dismemberment’’ of existing states and respects
““territorial integrity’’. Also involves ‘‘negotiations’’
(i.e. ‘‘self-gov’t.).
3. The Draft Final Report of this Session appears to
include all the points raised by the Indigenous Caucus
regarding equal participation. Next battle will be at the
Commission on Human Rights, where states opposed
may take moves against.
~ Further updates to follow on Friday.
c.c. Perry Belgarde
International Instruments Cttee.
WINTER 1996
Institute of Indigenous Government
Extension Programs
The Institute of Indigenous Government is committed to
expanding extension and off-campus programming to enhance
First Nations’ access to unique education programs in British
Columbia, Canada, and around the world. The IIG's goal is to
deliver up to 80% of our courses “off-campus” in regional
centers and Indigenous communities through the extension
program and by innovative distance learning strategies.
The Institute of Indigenous Government is the first in
Canada to have independent power to grant a one-year Certifi-
cate and a two-year Associate of Arts degree in Indigenous
Government Studies. A four-year Bachelors of Arts degree is
expected to commence within the next 3 years.
The JIG's first extension program commenced in the
Spring of 1996 at the Saanich Nation Adult Education Center.
The extension arrangement enables students from the Saanich
Nation to access instruction, student development workshops,
and community support while pursuing their post-secondary
studies. Elders from the community have enriched the courses
through their cultural, social and spiritual guidance to the
students and staff.
The second extension program started in the Fall of 1996
at Lillooet, B.C. Majority of the students are employed full-
time in the community while taking a full day of instruction one
day a week. IIG is committed in providing quality programs to
communities who are interested in establishing an Extension
Program. If you would like more information about the Exten-
sion Program, courses, enrollment criteria, transferable, equiva-
lency credits or potential locations, contact:
Jennie Blankinship, Director of Extension Programs
342 Water Street, Lower Level
Vancouver, B.C. V6B 1B6
Phone (604) 602-9555
Fax (60-4) 602-3432
UBCIC Newsletter Deadline
If you have any materia! that you would like to see in the
next edition of the Union of B.C. Indian Chiefs News-
letter, please forward to our Vancouver office by fax or
mail as soon as possible to the attention of "UBCIC
NEWSLETTER". We would appreciate the volume of
information be kept to a minimum so others can benefit
from this service. Please do not fax business cards.
Suggestions or comments are always welcome. Next
deadline is January 15, 1997. Remember, our new
address is 5th Floor - 342 Water Street, Vancouver,
B.C. V6B 1B6. Our phone and fax number remain the
same. Phone (604) 684-0231 Fax: (604) 684-5726.
UBCIC NEWS
NEWS FROM THE
UBCIC RESOURCE CENTRE
Recent special visitors to the Resource Centre
include Renae Morisseau, singer/film producer;
twenty Chilean professors; a small group of Ainu
people from Japan; and First Nation researchers
from all over B.C.
For researchers, we recently put RG-10 Finding
Aids on one of our computer workstations so that
these Finding Aids can be keyword searched and we
have ordered several new reels of RG-10 film. We
have also acquired the reels of film from the Surveyor
General of B.C. which hold the Indian reserve
survey maps for the province.
A new First Nations business magazine is
being published out of Vancouver and just came out
with its second issue. Twelve issues of First Nations
Business can be subscribed to for $45. Subscription
requests can be sent to 526 - 119 West Pender,
Vancouver V6B 185. Phone (604) 669-5208 FAX
488-1251. The publishers welcome submissions.
Everyone who has seen it in our Resource Centre
has commented on the professional quality of this
new magazine.
The final report of the Royal Commission on
Aboriginal Peoples will be out before the end of
November. We tried to reserve free copies through
the RCAP office but were referred to Canada
Communications, the federal government’s
publishing office in Ottawa. The cost of the report
has not been made public. When the newspaper
reports that the publication is available, contact:
Canada Communications Group, Publishing
Division, Ottawa. Phone: (819) 994-5389 or, if you
live near a centre where there is a University or
large enough bookstore, they may carry copies.
A word of personal advice from the Library
staff for those who have important documentation
on their computer hard drives...make sure you
backup regularly. We experienced the dreaded hard
drive “crash” but a magnetic tape backup made on
a daily basis saved our information. What might
have been a disaster was only a short term
inconvenience because we had a full backup for the
hard drive.
I suspect that we won't get out another issue
of the Newsletter before Christmas so the Resource
Centre staff want to take this opportunity to wish
everyone a Safe and Happy Holiday Season.
WINIEK 1996
UBCIC NEWS
INDIAN WATER RIGHTS IN BRITISH COLUMBIA
aN ie In that same sixty year period the provincial economy a
ind any was increasingly dominated by industrial production Teeeto
dian water rights , 2 its position. Under
in B.C. is the history and commercial agriculture and Indian peoples had gone provincial
of the provincial from 70% - £% of British Columbia ‘s population. legislation water
rights were
government’s refusal ©
to allot Indian water rights and the government of Canada’s
failure to act within its power to assert those nghts. From the
1860s to the 1920s the governments of British Columbia and
Canada “‘managed’’ water rights in a manner that effectively
negated B.C. Indian Nations’ access to and control of precious
water resources.
As early as 1859 the Colony of British Columbia had
developed a water rights policy of sorts. The policy stipulated
that users of water (for the most part gold miners) had to
register their right to water with the local magistrate or Gold
Commissioner, This served to limit disputes over access to
water and maintain order in the gold msh period. Indian water
rights did not concern Colonial Administrators; their primary
motivation was an orderly exploitation of mineral resources in
the ‘“‘Gold Colony’’.
In 1871 British Columbia became part of Canada and
almost immediately a debate ensued between the province and
the federal government regarding the allotment of Indian
Reserves. The province insisted that the federal government’s
allotment policy was too generous while the federal government
claimed that the provincial allocations were too small. The
ongoing debate resulted, in 1876, in the formation of a joint
federal-provincial body called the Indian Reserve Commission
which was empowered to allot Indian reserves in B.C.
The Indian Reserve Commissioners allotted many Bands
water rights along with land, especially in the interior where
assured access to water was crucial to agricultural activities. In
1878 the Indian Reserve Commission approached the province
in an attempt to ascertain the legal status of the Commissioner’s
water allotments. It received no reply.
In 1884 the British Columbia legislature finally
articulated its stance when it approved a Land Act that made
absolutely no provision for Indian water rights. In December of
1884 B.C.’s Chief Commissioner of Lands and Works told
federal officials that individual Indians could apply for water
rights under the Land Act like any other British Columbian, but
that the Indian Reserve Commissioners ‘‘had not the slightest
authority to confer any rights to water upon the Indians’. In
1888 the province amended the Land Act to allow for reserve-
based water nights on any unrecorded and unappropriated
water applied for under the Act. It is important to note that the
amendment still did not accept the earlier rights granted by the
Reserve Commissioners; it only stipulated that as of 1888
applications for water nghts coming from Indian Reserves
would be considered by the province. While federal officials
stated their opposition to provincial policy, they made no effort
to force the province, through political pressure or
administered by the Water Rights Board of Investigation. The
Board decided on the amount of water any applicant would
receive based on the amount of water available from a given
source and the priority of the application (applicants were given
priority on a given water source based on the date of their
application). However the Board of Investigation refused to
deal in any substantive way with Indian water nghts until 1921
when the province, after forty-plus years, passed the Water
Claims Act.
The Water Claims Act did not recognize any Indian
water claims based on Indian Reserve Commission allotments.
Instead the act stipulated that it would utilize lists of Indian
water rights submitted by Indian Agents in the 1888-1889
period to make water rights allotments to Indian Bands. These
lists usually included the Reserve Commissioner’s water
allocations but in many cases errors were made in the transfer
of information. Furthermore, the Board of Investigation was
not in any way bound by the earlier allocations. The 1888 lists
were considered but the Board’s final decision was also based
on the status of existing licences, water availability and
beneficial use. This often resulted in a significant reduction of
the water right initially allotted by the Indian Reserve
Commission.
From the 1860s to the 1920s, successive colonial and
provincial administrations had steadfastly refused to
acknowledge Indian peoples right to water resources. In that
same sixty year period the provincial economy was increasingly
dominated by industrial production and commercial agriculture
and Indian peoples had gone from 70% to 4% of British
Columbia’s population. In light of these developments the
Water Claims Act was criminally inadequate. The federal
government's performance was no better. In a period when the
Dominion Government was willing to fight constitutional
battles on such issues as French language rights in Ontario,
New Brunswick and Quebec and control of forests, streams and
rivers in Ontario it could not gamer the energy, money or
political will to battle British Columbia on the issue of Indian
water rights.
Even after water licences were finally issued to Indian
Bands secure access to water was not assured. Water nghts
legislation has never recognized an aboriginal right to water nor
has traditional use of water resources ever been a consideration
in licensing. This has meant that water licences can be reduced
or lost if a Band does not meet the criteria of ‘“beneficial use’’.
Beneficial use in this context means water for domestic use or
INDIAN WATER RIGHTS (Continued page 7)
6
WINTER 1996
INDIAN WATER RIGHTS (Continued from page 6)
for narrowly defined European style agriculture. In the 1930s
and 1940s many Indian Bands lost water licences when DIA
failed to construct the water works needed to meet beneficial use
criteria. Sometimes DIA simply allowed licences to lapse and
in other cases licences were lost or reduced if water inspectors
judged that Indian Bands did not have enough land under
agricultural production to justify the water licence.
The history of Indian water rights in B.C. in many ways
parallels the history of Indian land in the province. It is the
same old story of arrogance and disregard of Indian peoples,
their land and their resources. As Chief Saul Terry has
previously stated, ‘‘today, as in years past, Indian water nghts
mean survival for our people and our future generations’.
Understanding the history of Indian water rights will help in
protection and extension of Indian water rights in the future.
Publications
Indian Water Rights in British Columbia, UBCIC (1991).
Since Time in Immemorial: Indian Water Rights in British
Columbia, Susan Abs, Indian Water Rights Committee (1989).
Want to learn more about your Band’s water rights?
* The provincial Water Management Branch can provide
you with information regarding licences held by your Band.
There is a fee for computer time but it is not prohibitively
expensive. Telephone (250) 387-5981
* If you believe that the Department of Indian Affairs
has not effectively protected your water rights the Union of B.C.
Indian Chiefs Specific Claims Department can research the
issue on your behalf at no cost to your Band. Contact UBCIC
Specific Claims at (604) 684-0321.
What can you do to protect the water rights you now hold?
* Learn as much as you can about the provincial water
rights process. Knowledge of the system allows for the
development of strategies that will help you protect your rights
and fight for change.
* Designate a contact person at a Band or Tribal Council
level to deal with water mghts issues. This person would keep
track of existing licences as well as be knowledgeable regarding
the history of the Band’s water rights in order to protect those
that now exist and attempt to regain those nghts lost.
* Ensure that the “‘beneficial use’’ criteria is met. Until
such time as the system of licensing is changed the province has
within its power the nght to revoke water licences where water
use criteria is not met.
David Roth, UBCIC Research
UBCIC NEWS
THE U.N. DECLARATION ON THE
RIGHTS OF INDIGENOUS PEOPLES
The Union of B.C. Indian Chiefs held their 28th Annual
General Assembly on October 23-25, 1996 at which time the
United Nations Declaration on the Rights of Indigenous Peoples
was to be discussed and ratified if necessary.
In the meantime, meetings were being held in Geneva,
Switzerland by the U.N. Inter-Sessional Working Group on the
U.N. Draft Declaration on the Rights of Indigenous Peoples. After
two days of discussions, Indigenous participants agreed to present
a proposal to the chairman suggesting that the existing declaration
be immediately adopted without changes or amendments. This
was ignored by the chairman and States representatives. Several
attempts were made to reintroduce the proposal by other Indigenous
delegates but were dismissed by the chair. This left no alternative
but for the Indigenous delegations to leave the proceedings. They
did not want States to dilute or change the Declaration.
A message was received at the Union of B.C. Indian Chiefs
Assembly on Oct. 23rd and a letter of support was immediately
released to the Indigenous delegates in Geneva.
The delegate for the Assembly of First Nations issued an up-
date on October 31, 1996 reporting that Canada announced it will
how use the term ‘‘peoples’’ and support “‘self-determination’’.
However Canada qualified this by requesting development of a
common understanding, consistent with evolving international
law, of how this right is to apply to indigenous collectivities, and
what the content of this right includes. Canada stated further that
the nght shall not be construed as authorizing or encouraging any
action which would dismember or impair, totally or in part, the
territorial integrity or political unity of sovereign and independent
States. Canada’s position to the Inter-Sessional Working Group is
that self-government be based on negotiated agreements and that
their jurisdiction and authonity are exercised in harmony with those
of other governments. While Canada claims that it is sensitive to
the importance of collective nights and responsibilities in indigenous
societies, Article 34 which addresses this issue, could be interpreted
as subordinating the nghts of the individual to those of the
collectively.
It is important for the Union of B.C. Indian Chiefs to
adopt the Draft Declaration on the Rights of Indigenous
Peoples in order to maintain international ties between
Indigenous Nations against States Governments who continue
fo allow destruction to the lands, resources and way of life
AFN PRESS RELEASE (Continued from page 3)
The Confederacy meeting, which will be attended by over 100
aboriginal leaders from across Canada, will review the royal
commission report. A special press conference will be held on
that day to provide an in-depth response to specific recommen-
dations contained in the report.
For additional information please contact Jean LaRose at (613)
241-6789, ext. 251
WINTER 1996
UBCIC NEWS
LEGAL UPDATE
Opetchesaht Appeal:
Supreme Court of Canada
The sole issue which the Court must decide is whether a
Section 28(2) permit is valid if it is worded so as to allow fora
third party to use reserve land for as long as the land is needed
for a stated purpose. Before the court in Opeichesaht was a
permit to B.C. hydro which was issued by the Minister with the
consent of Chief and Council to run for as long as Hydro needed
the land for a transmission line.
The case argued on behalf of the Opetchesaht Band, and
on behalf of the Union of B.C. Indian Chiefs member bands was
that such a permit is null and void because it does not state
clearly a reasonable and definable time for the permit to end.
As worded, the permit grants an indefinite interest in reserve
land to a third party. This kind of interest, we argued, can only
be granted through the surrender provisions of the Indian Act.
Counsel for the Opetchesaht Band, also argued that such an
interest in reserve land may be validity taken through the
expropriation provisions, but on behalf of the UBCIC, I did not
joint this argument. We argued that because the permit was bad
from the beginning, the hydro line is in trespass. This situation
could only be remedied through renegotiation of a s.28(1)
permit with a fixed term, or by the company acquiring the land
through a valid surrender. Should neither events occur, the
company would be required to remove their lines, and relocate
them off the reserve.
Against us was Canada, B.C. Hydro, and a coalition of
other utility companies, all of who hold Section 28(2) permits to
usé land on Indian reserves.
The UBCIC intervention raised a number of points
which the court clearly listened to. Our main points were these:
- Ata time when the permit was entered into 37 years
ago, no one knew at that time, nor does anyone know today,
when the permit would end. (Mr. Justice Cory put the question
directly to Canada as well as to B.C. Hydro whether they could
say when the permit would be terminated, and neither could
say.)
- The word "period" within the meaning Section 28(2)
must mean a passage of time with a fixed termination point,
and not a period of time which is never ending. B.C. Hydro's
permit amounted to an alienation of an interest in reserve land.
This kind of alienation could only be affected by a surrender.
This is so, because as a matter of common jaw and statute, it is
Band members who hold a collective interest in the reserve.
Chief and Council is not the owner, and has no power by
themselves to alienate an interest in reserve.
Since as far back as the Royal Proclamation of 1763,
and reflected in the /ndian Act, the surrender provisions have
been provided the process for Band members to consent to the
alienation of their collective interest. The surrender provisions
are conspicuously fair.
Chief and Council does not have the authority to inde-
pendently give consent on behalf of the Band to alienate an
interest in reserve land. Chief and Council's authority is
circumscribed by the collective interest of the Band members in
reserve land, a well as Crown fiduciary obligations which are
embedded in the surrender provisions.
B.C. Hydro and Canada argued that it is beneficial for
Indian people that the court interpret Chief and Councils power
broadly, so as to permit Chief and Council to consent to such an
alienation. In reply , we pointed out the hollowness of this
position by reference to the permit in issue. The Band averaged
$3 per acre per year if the permit was to terminate immediately.
How can this interpretation of the Jndian Act be for aboriginal
people's be good?
Finally, we addressed Canada and B.C. Hydro's concern
that the Court ruling against them would be prohibitively costly.
We pointed out that aboriginal people get nothing from the
permits, and there is no way to renegotiate the permits based
on the changed circumstances which will have occurred with
the passage of time. We were left with the impression that the
court would not be taking a great deal of time to render a
decision.
INDIAN ACT AMENDMENTS
This year, the Minister of Indian and Northern Affairs
made a commitment to proceed with his initiatives to amending
the Indian Act.
Through the summer, Indian leaders met nationally and
submitted a resolution to the Minister of Indian Affairs
demanding to halt his amendment process. The majority of
Indian people did not know of the amendments as consultation
with them had not taken place.
There is no doubt that the Indian Act requires changes
but options that are Indian driven must be considered by the
people. Our options encompasses our goals towards self-
determination through the recognition of our Aboriginal Title
and Rights.
Meetings were held between Department of Indian
Affairs officials and the Chiefs Committee on Enforcement of
the First Nations-Crown Relationship. Ata second meeting on
November 22, 1996 in Ottawa, the Chiefs were told that the
Minister of Indian Affairs had every intention of going ahead
withthe amendments. There are up to 60 proposed amendments
and are very dangerous to the aboriginal and treaty nights of our
Peoples.
On November 26, 1996 the Confederacy of Nations
(A.F.N.) passed a resolution calling for the dismissal of the
Minister of Indian Affairs because he is not listening to our
message. The resolution expressed the Indian leadership’s lack
of confidence in the Minister.
The relationship between the Federal Government and
the Indian Nations has been driven further apart by the actions
of this Minister. This Liberal government must support the
directions and goals of Indian Peoples.
WINTER 1996
UBCIC NEWS
TREATY 8 TRIBAL
ASSOCIATION
Cantor Mistaking Notification for Consulstion
Say Treaty & Chiefs
for immediate release
November 28, 1996 -- In the wake of yesterday's confronta-
tion between Natives and Canfor northwest of Fort St. John, at
which Treaty 8 First Nations stopped a logging crew from pro-
ceeding into an area claimed by them, Tribal Chief Judy Maas
declared the renewed determination of the Halfway River First
Nation to stop the planned cutting.
“We're not going to give up, and we're not going to go
away,” she said. "We have nowhere to go; this is our home."
According to recent press reports, Canfor explained they
only want to cut based on the permit the Ministry of Forests issued
to them, and felt the Halfway River First Nation had been ad-
equately consulted. To this, Maas answered, "Canfor and the
Minstry of Forests seem to be mistaking ‘notification’ for ‘consulta-
tion.”
"I have a stack of letters to the Ministry of Forests and to
Canfor protesting the planned logging in this small area. For two
years now, we have been telling them this place is vital to the
continued exercise of our treaty and aboriginal rights, and for two
years they have been ignoring or dismissing us." Maas said that if
people were looking for someone to blame the confrontation on,
they need look no furner than the Ministry of Forests, "They issued
the permut illegally, over our objections, so what did they expect?"
Maas also sought to allay concerns the public may have
about the economic impact of the protest, "People have expressed
concern that our opposition to a couple of cutting permits will cost
jobs. What they don't understand is that these permits constitute
only 3.4% of Canfor's five yeare plan in the Fort St. John Forest
District alone, and only a fraction of 1% of their overall timber
supply.” Maas said Canfor could easily get replacement cut blocks
in less sensitive areas if they wanted to. Regardless, she felt that
the costs to the Halfway River Native people would be far greater
than to Canfor’s profit margin. “It's only a freaction of 1% to
Canfor, but it's everything to us. This patch of land is our grocery
store, our bank, our drug store, and our home.”
"I find the Ministry of Forests! and Canfor management's
insensitivity and callous disregard for Native people just obscene,"
she said.
Maas constrasted the insensitivity of Foresty and Canfor
management to the respectful way in which Canfor employees
treated the Native people at the blockade. "When we explained
our position, and why we could not allow them to pass, the Canfor
workers shook hands with us in mutual respect and understanding
that each of us was doing what we had to."
Halfway River First Nation Chief Bemmie Metecheah hoped
for similar understanding from the public. "People have to
understand we don't protest every cutting permit. We're only
interested in sustainable, environmentally responsible development
which respects our rights and special ties to our land." Metecheah
pointed out that his band's membership enjoyed constitutionally
protected righrts to the land Canfor wants to log out, and that those
Tights become meaningless if the land is destroyed. “We don't want
complete moratoriums, only a little resepect."
Metecheah also asked the public to re-consider their
stereotypes of Indians and Indian blockades. “People think First
Nations are 'anti-development.' The opposite is true. Native
people have as much stake in the local economy as anyone else;
perhaps even more because we are in Northern B.C. to stay."
Metecheah added that, while a healthy economy is important,
“because of our spiritual and cultural ties to this land, we're also
worried about the sustainability of our economy. When the last
tree is gone, and the last stream is polluted, we can't just retire and
move to Florida."
"Don't underestimate our determination to see this out,” he
concluded.
Contact:
Tribal Chief Judy Maas, Treay 8 Tribal Association
(250) 785-0612
Chief Bernie Metecheah, Halfway River First Nation
(250) 772-5058
JOB POSTING
Joint Policy Council Technician
The Union of B.C. Indian Chiefs requires a full-time Technician
Coordinator to work with the Chiefs Council in the on-going development
of the Joint Policy Council (JPC). Established in 1993 by the Union of
B.C. Indian Chiefs and the Province of British Columbia, the purpose of
the JPC is to identify a range of issues that require resolution through
mutual development of policies which do not derogate from the bilateral
nation-to-nation relationship between Indian Nations and the Government
of Canada and to improve the social, economic and cultural life of the
Indian Nations in British Columbia.
Responsibilities:
- to recommend agenda items to the UBCIC Chiefs Council;
- to undertake technical analysis, research and development activities to
further the objectives of the Joint Policy Council;
- to prepare issue memoranda on specific agenda items as directed by the
Chiefs Council;
- to prepare options and set our recommendations for the resolution of
policy issues between the Parties;
- to establish and corrdinate small working committees as required;
- to monitor on-going provincial policies affecting First Nations.
Qualifications: Must have:
- University degree and experience in political science and history,
- highly developed analytical, research and communication skills with the
ability to draft background documents, option reports/proposals and
memoranda as required;
- sound knowledge of Indian governments, goals of the UBCIC and the
principles of the Aboriginal Title and Rights position.
Closing Date: December 20, 1996 Mail/Fax Resumes to:
Salary: Negotiable Union of B.C. Indian Chiefs
Halie Bruce, Administrative Assistant
5® Floor, 342 Water Street
Vancouver, B.C. V6B 1B6
Fax: (604) 684-5726
WINTER 1996
UBCIC NEWS
Indian Homemakers
Association of B.C.
Traditional Parenting
Skills Program
“WELCOME FIRST NATIONS WOMEN"
Developing Positive Indian Parenting Skills Through:
Personsal Development - Family Roots, Co-dependency,
Talking Circle, Self Worth, Self Esteem.
Life Skills - Anger Management, Family Violence, Problem
Solving, Communication, Budgeting, Nutrition.
Parenting Skills - Family History, Family Roles, Parent/Child
Relationships, Early Childhood Education.
Cultural Awareness - Native Spirituality, Beliefs/Values,
Physical Fitness (Sing/Dance), Sewing, Honouring Our Chil-
dren, Basic Native Concepts/Teachings/Principles.
Next Session Starts: January 6, 1997.
Deadline for Applications: January 13, 1997
Interviews: January 6-8, 1997
12 weeks, Monday through Thursday, 9:30 am - 2:30 pm,
Fridays: preparations
For more information contact Ellen Antoine or Margaret Harris
at (604) 876-0944.
AMBUSHED
The Legal Services Society Board made a decision to
discontinue their funding to one of our Aboriginal
organizations, The Vancouver Aboriginal Justice Center
Society.
The Justice Center had provided legal advice and
services to Aboriginal people in need since 1994. The Center
primarily serves the Lower Mainland’s Aboriginal population
of over 100,000, as well as Aboriginal people from across the
country. This unique Aboriginal Organization is the only
Aboriginal-specific service of its kind in the lower mainland.
Our Brother and Sisters need your help at this time.
We are the most over represented people in the Canadian
Justice system and services like the Justice Center can help
alleviate this huge problem. We cannot allow this necessary
service be lost to bureaucratic red tape.
The Aboriginal Justice Center needs your support!
We are circulation a petition for all concerned people to sign.
Please sign it when you see it! Any /effers of support would be
greatly appreciated (please direct letters to the Board of the
Aboriginal Justice Center Society, /9/ Alexander Street,
Vancouver, B.C.,V6A 1N3. Please show your support!
If you have and questions or comments, please call us at
the above phone and fax numbers!
Aboriginal Justice Center Society,
Tel: (604) 684-2121
Fax: (604) 684-2177
CITY-WIDE SHELL BOYCOTT TODAY!
Local activists to demonstrate at 8 Vancouver Shell stations and counting...
VANCOUVER-Today, Friday, November 8th between 4:15-
6:00 pm, there will be protests at eight Shell stations in the
Vancouver area. Demonostraters are protesting against the role
of Sheil in the murders of Ken Saro-Wiwa and eight other Ogoni
activists almost one year to the day they were hanged.
The central location will be the Shell! station at BURRARD and
DAVIE where members of the Ogoni Solidarity Network will be
making a statement to the media. There will also be major
protest to the following stations:
Broadway and Arbutus
41st and Granville
King Edward and Oak
Main and 12th
Main and 2nd
Victona and Hastings
#3 Road and Granville (Richmond)
Boycott participants will include high school, college and
university students, human rights worker, environmentalists,
union activists and many other concerned individuals
throughout Vancouver.
Sheli Canada denies responsibility for the environmental
crimes and human rights atrocities in Nigeria, despite the fact
the it is a majority-owned by Shell International. However,
according to Dr. Owens Wiwa, the brother of the late Ken
Saro-Wiwa, ““The name of Shell is Shell. If Shell Canada
does not like what their parent company is doing, then they
should make that very public and then change their name. It’s
simple”’
For more information, contact:
The Ogoni Solidarity Network
grassroots action to save Ogoniland
Tel: 873-8554 * Fax: 872-0709
10
WINTER 1996
URGENT
TO ALL CHIEFS AND COUNCILS
AND
ALL INDIAN BANDS IN THE PROVINCE OF B.C.
On September 4th, 1996, Ann Williams, an elder, of the
Pauquachin Band suffered an immeasurable loss when her
home and all of a her personal belongings were destroyed by
fire,
To this day her home still sits as it was left the night of the
tragedy with no windows, holes in the roof. Ann would like to
return to her home for the remaining years of her life but the
money required to repair it for her has not arrived. It is the
beginning of winter and unless the house is repaired now the
Tain will destroy what is left of the structure and her memories
of the happy times she has spent there with her children,
grandchildren, and great-grandchildren.
Ann’s family is giving assistance to their mother through this
stressful time by giving donations for the repair of her home.
If you can help in anyway please contact:
Tammy Williams @ (604) 655-9310
Assembly of First Nations
NATIONAL YOUTH CONFERENCE
FEBRUARY 9-11, 1997
World Trade and Convention Centre
Halifax, Nova Scotia
ESSAY CONTEST - YOUTH ISSUES
The Assembly of First Nations (AFN) has a limited amount of
funds available to sponsor delegates to the National Youth
Conference. If you, or someone you know, would like to take
advantage of this opportunity, please read the criteria below and
forward the required information to the AFN.
Criteria: The ideal candidates should:
- be between the ages of 14-25 (if under 18, must be accompa-
nied by an adult);
- submit a brief biography
- submit a one page essay on what they feel are the current First
Nations youth issues and how these issues could be addressed; a
- be willing and able to speak in workshops and plenary
sessions on the issues that are important to them and their
communities.
Candidates can submit the information on or before
December 16, 1996 in order to be considered for sponsorship.
Sponsorship includes travel, accommodation and per diem.
Please send submissions to: Christian Garrow, Youth Coordina-
tor, Assembly of First Nations, 1 Nicholas Street, 10th Floor,
Ottawa ~ Ontario, K1N 7B7 or fax to (613) 241-5808. For more
information, please contact Carolyn Hunter and Penny Jacko at
the AFN, (613) 241-6789,
UBCIC NEWS
NATIVE SISTERHOOD
Burnaby Correctional Center for Women
August 8th, 1996
To: Union of B.C. Indian Chiefs
I am writing on behalf of the Native Sisterhood at the Burnaby
Correctional Center for Women. A women who is imprisoned
feels hurt, angry, mentally and spiritually lost, without family
and friends. The Native Sisterhood would like to offer
assurance that the Sisterhood of native prisoners are strong and
supportive. We want to keep our sisters together, not only
native, all nationalities are welcome to participate.
We would appreciate, money, fabric for dresses, blankets and
ceremonial items, leather scraps, big and small beads, nylon
thread, wax for thread, big and small plastic hoops for
dreamcatchers. Small hoops, Shepard hooks and other
materials for making earrings. We aiso need short and long
beading needles, sewing needles, wool, latch hook kits and
cotton batting for blankets. Things like new cloths, cologne,
hand soaps, shampoo, etc., are needed as raffle prizes.
We are also asking for things we need for the sisterhood get
together such as: A sewing machine, a cassette player, a
television, a V.C.R. , a party size coffee maker, an instimatic
cameras, and a microwave.
Your donation would help us women work together and get to
know each other better, this is the reason we want to make the
sisterhood strong. With God’s help and your donations we can
do it. On behalf of the Sisters, God Bless you and thank-you
very much.
Could you please address all donations to Marcia Monk, Native
Sisterhood, 7900 Fraser park drive Burnaby B.C, V5J- 5B9
All my relations
Marcia Monk, President Native Sisterhood
ABORIGTAL RIGHTS:
RUOW them-
EXERCISE them-
DEFEND them!
Seasons Greetings
WINTER 1996
11
UBCIC NEWS
THE HEILTSUK NATION PRESENTS:
"OQATUWAS ~ PEOPLE GATHERING TOGETHER"
(Film Premier January 11, 1996)
( J atuwas - People Gathering Together
™q__ is the new feature documentary by
award - winning ‘Namgis First Nations
director Barb Cramner that records a
remarkable journey of strength, spirit, ae
and cultural revitalization among
northwest coastal Native communi-
ties. The public is invited to the
premier screening of Qatuwas - People Gathering
Together, Saturday, January, 11th at 8 p.m., at the
Squamish Nation Recreation Centre, 100 Capilano
Road in North Vancouver. Tickets are $8-6$ at the
door, children under 12 admitted free. Vibrant songs,
dances, and ceremonies will be shared through the
evening, as representatives from many First Nations
join in celebrating this new film.
For some 10,000 years, the ocean-going canoe
has served as both practical vessel, and powerful
cultural symbol for the First Nations peoples of the
Pacific northwest coast. But in the 200 years since
European contact, the canoe significance has been
gradually displaced. Until recently, that is, when
twenty-one tribal groups from British Columbia and
Washington answered the Heiltsuk people's challenge
to build great cedar canoes and prepare crews to
paddle to a traditional canoe and cultural gathering in
Belia Bella.
Qatuwas- People Gathering Together is the
inspiring story of the remarkable resurgence of
community, spirituality, and custom that has accompa-
nied this event. Communities worked together for
four years to carve new canoes, and train paddlers.
Three thousand people gathered on the shores of Bella
Bella to welcome the communities that had paddled up
to a month and 600 miles to get there. It has been a
journey that has connected participants with their
nations and their ancestors in deeply affirming ways.
Director Barb Cranmer shows great sensitivity
in bringing together the voices and different experi-
ences of the canoe-communities and crews who've
made this journey. She notes that, "As a filmmaker, I
serve as the messenger. It is essential that our own
people tell our own stories. This documentary is both
a reflection on how far we've come, and a celebration
of the hope that Qatuwas means for our communities.”
Cranmer's previous film Laxwesa wa-Strength of the
River was also well-received by audiences last year.
Co-producer Frank Brown, of the Heiltsuk
Nation, has been an aspiring force for the resurgence
of the canoe societies. The Voyage of Re-Discovery
; Msispie aia within our own communities. The canoe is a
‘video documented the canoe voyages Brown led to Expo
'86 and the Seattle Centennial in 1989 which led up to
the historic Qatuwas gathering. He emphasizes that,
“Qatuwas - People Gathering Together docu-
yi ments an important new chapter in the continu-
ing story of our peoples. It shows a living
example of positive solutions coming from
powerful symbol of our healing journey. It is a vessel for
coastal community empowerment. First Nations have a very
strong message to give to the rest of the world: how to live
sustainabley. We had 10,000 years of continuous habitation
within our territory to demonstrate this point."
Ticket Reservations please call 940-0145 or 430-8424.
Event information: Frank Brown at 604-957-2774 or the
Heiltsuk Tribal Council Office at 604-957-2381. Fax 957-2544
Media: to arrange interviews, photos, video, copies, please call
Teresa at 604-666-3838.
8TH Annual North American
Native Arts:agd Crafts Fair
Decemberf#i & 22, 1996
10:00 g.age - 7:00 p.m.
Aborigifial#’ fiendship Center
ast Hastings
ARTS DISPLAYS £ LAS ING DEMONSTRATION
MAKE YOUR’OWN, DREAMCATCHER
CULT eag ogbcepreroemeer
POrTeY REA aap “TEMPORARY
rr Vay: LS Si WT
Wayne Lavalee Spi me lum Dancers & More
HOOP JANC} EXHIBITIONS
MEDICINE, WHEEL{WORKSHOPS
WINTER Si jest acy CEREMONY
SATUR (ORNING
ADMISSION: $18@SENFORS / KIDS FREE
ARTISTS ABE TABLES
$40.00 PER 00 PRE-PAID
Sponsored by the F ginal Expressions
CALL KAT (664) 253-1020
12
WINTER 1996
UBCIC NEWS
The David Suzuki Foundation
(Vancouver, October 24, 1996 - for immediate release)
Salmon Farming Industry Threatens B.C.'s Wildlife Fish Stocks
/ pen netcages, unregulated drug
use, and imported Atlantic
salmon eggs threaten wild fish stocks,
according to a David Suzuki Foundation
report released today.
"The way it operates today, B.C.'s
salmon netcage industry threatens the
survival of fragile wild fish stocks, such
as the Fraser River salmon, and may
even put human health at risk. To
manage these hazards we must immedi-
ately stop importing Atlantic salmon
eggs, monitor drug use, and change the
open fish cages, which release sewage
and diseases, into closed pens,” says the
Foundation's Executive Director Jim
Fulton.
The Suzuki Foundation says B.C.
industry stands in sharp contrast to the
sound practices followed in 85% of the
world's fish farming, which is carried out
on land and closely tied to agriculture.
Fish wastes in Asia are used as crop
fertilizer, but in B.C. become sewage.
“The unsurpassed wild environ-
ment along the B.C. coast supports a
multi-billion dollar commercial and
sport fishery and tourism business. It is
the foundation of Native culture, and it
provides a home and recreation for
hundreds of thousands of people. We
appreciate the jobs salmon farming can
bring. But this study tells us we stand to
lose far more that we gain. We need to
set this industry on a course which helps
us, not hurts us,” explained Fulton.
The major risk is that wild fish
could be decimated by the spread of
virulent diseases. The problem starts
with the netcage system itself. These
cages float in the ocean, and are filled
with high densities of farm fish. The
jammed and stressful conditions of the
netcages mean they can become breeding
grounds for disease epidemics. The use
of fish grown from imported Atlantic
salmon eggs compounds this danger.
Atlantic salmon are preferred by the
industry because they grow more rapidly,
and they are more docile. The trouble is,
the imported fish can bring new diseases
with them which can spread like wildfire
among our native fish. To combat these
threats, the industry injects fish with
drugs and regularly mixes drugs with the
feed.
These measures don't always
work. In Norway the industry uses
similar netcage systems to those in B.C.
There, eggs imported from Scotland
brought epidemics of such diseases as
furunculosis, which spread rapidly
among wild fish which had little resist-
ance to the new pathogens. In fruitless
efforts to control the spread of disease,
the Norwegian government spent, in one
instance, $100 million of taxpayer's
funds. In an earlier attempt to eradicate
an epidemic, the government completely
poisoned 20 rivers.
The fundamental problem is that
the netcages are open to the ocean
environment. Escapes of farm fish are
inevitable, leading to generic and other
harmful interactions with wild fish.
Sewage from fish feces and other wastes
builds up in the areas around the
hetcages, sewage which contain disease
pathogens and drugs. In total the sewage
is equivalent to the amount produced by
a half million people. This refuse is
deposited right in the food chain along
the B.C. coast to be picked up by fish
such as black cod, herring and salmon.
Eight disease outbreaks have
already occurred, and many scientists
report that a large-scale epidemic will
eventually happen among both wild an
farmed fish. The netcages are typically
located in sheltered bays such as
Clayoquote Sound, areas with rich
marine life. Close to fifty of the cages
are found among the islands and bays
along Johnstone Straight, right in the
path of the most Fraser River spawning
salmon.
"At least 140 distinct salmon
stocks in B.C. are already extinct. To
help rebuild salmon stocks, commercial,
native and sport fishermen made big
sacrifices this year. We need to make
sure this sacrifice is not in vain,” says
Fulton
The netcage industry's use of
drugs has been targeted by the Founda-
tion because of its possible effects on
human health. The repeated us of drugs
to hold the fish diseases at bay has
already led to diseases fully resistant to
three types of antibiotics. This cavalier
and largely unregulated overuse of drugs
concems scientists because it reduces the
pool of antibiotics available for human
medicine.
The drugs also leave residues in
the fish and shellfish in the areas around
the net cages which are used for food by
local communities, particularly First
Nations. There is no government
monitoring of these health effects, or
those on fish farm workers who are
frequently exposed to antibiotics and
other drugs.
The David Suzuki Foundation
makes 12 recommendations. They
include using:
- only native salmon
- closed containment systems which
fully treat sewage and prevent contact
with wild fish
- mandatory industry insurance covering
full ecological restoration of catastrophic
events
- government monitoring of drug use
and the spread of drug-resistant diseases.
The foundation is submitting its
report to the Salmon Aquaculture
Review which is currently being con-
ducted by B.C.’s Environmental Assess-
ment Office.
Contact: David Hocking
Communications Director
(604) 732-4228
WINILR 1996
13
UBCIC NEWS
UNION OF B.C. INDIAN CHIEFS
SUBSCRIPTION FORM
NAME:
FOR OFFICE USE ONLY
ADDRESS: DATE RECEIVED:
CHEQIN.O. #
EXPIRY DATE:
PROVINCE/STATE: POSTAL/ZIP CODE:
1 YEAR SUBSCRIPTION
NLETTER INDIVIDUALS: $35.00
NCLIPPING MEMBER BANDS: $75.00 INDIVIDUALS: $100.00
TOTAL AMOUNT ENCLOSED 3
Please make cheque or money order payable to: UNION OF B.C. INDIAN CHIEFS, STH FLOOR - 342
WATER STREET, VANCOUVER, B.C., V6B 1A1
om -
CHIEFSMASKBOOKS TORE
BOOKS ARTS & CRAFTS
- FIRST NATIONS G Al | ERY - JEWELLY (GOLD AND
SILVER)
- ABORIGINAL ISSUES
- POTTERY
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WINTER 1996
Part of Union of B.C. Indian Chiefs Newsletter (Winter 1996)