Periodical
Union of B.C. Indian Chiefs Newsletter (Winter 1996 Edition)
- Title
- Union of B.C. Indian Chiefs Newsletter (Winter 1996 Edition)
- 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
- 1.06-01.08-07.04
- pages
- 13
- Table Of Contents
-
INSIDE THIS ISSUE...
2. Message from the President
3. Health
4. Education
5. UBCIC Press Releases
6. Education Continued
7. Legal Update
- Fishing Cases
8. Sacred Assembly
- Reconciliation Proclamation
9. Resource Centre Update
10. Lubicon
11. Lightkeepers Update - Contributor
- Chief Saul Terry
- Diane Marleau
- Louise Mandell
- Elder Glen Douglas
- Type
- periodical
- Transcription (Hover to view)
-
Union ofB. C. Indian Chiefs
NEWSLETTER
WINTER 1996 EDITION
WARNING: As ofApril 1,1996 Medical Services Branch Will Termina
Your Health Rights.
BE ALERT TO DEVOLUTION DANGERS
The
Federal Government has legal, political and moral responsibilities to you no matter where you live. It is a fact that
because you live off-reserve for different reasons, you already lose many of your rights. If you keep silent on Medical
Services goals to trim their budget by terminating medical services to you and your family, they will succeed in terminating
your inherent jurisdiction. Chiefs and Councils, Tribal and Native Leaders must actively fight for our political rights on this issue.
Every Status Indian person, whether treaty or non-treaty, on-reserve or off-reserve is
entitled to Non-Insured Health Benefits. Your Right entitles you to:
INSIDE THIS ISSUE...
2. Message from the President
Medical Insurance Premiums: This covers your provincial health care insurance
plan premiums. It may cover your medical insurance premiums if you are working or
studying outside of Canada. Medical Services Branch pays for your premiums.
3. Health
4. Education
Other Health Care: This includes mental health (psychological) services but also
physiotherapy, chiropractic, podiatry and speech therapy, and doctors visits.
5. UBCIC Press Releases
6. Education Continued
Drugs: This covers prescriptions and over-the-counter drugs, medical supplies and
medical equipment.
7. Legal Update
- Fishing Cases
Dental Care: This covers dental treatment. The NIHB program keeps a list of dental
services they are willing to provide.
8. Sacred Assembly
- Reconciliation Proclamation
9. Resource Centre Update
10. Lubicon
11. Lightkeepers Update
Vision Care: This covers new and replacement eye glasses and frames, fees for
optometrists' services, medically necessary new and replacement contact lenses and
repairs to eyeglass frames.
Medical Transportation: Covers travel costs by land or air, including meals and
accommodations while i n transit, any legally or medically required escort to and from
the nearest health care facility to obtain required medical services when such services
are not available at the patient's home community. This service is mainly for onreserve Indian people.
The Department of National Health and Welfare (N.H.W.), through the Medical
Services Branch, has a fiduciary obligation to provide registered Indian peoples with
health services (known as Non-Insured Health Benefits, or N.I.H.B.). These health
benefits cover medical services for the purpose of maintaining your health, preventing
disease, diagnosing or treating an illness, injury or disability.
HEALTH: (Continued on page 3)
WINTER 1996
UBCIC NEWS
MESSAGE
FROM
THE PRESIDENT:
Letter from Diane Marleau, Minister of
Health
Received January 22, 1996
Dear Chief Terry:
Much
is being
made of the
Nisga'a deal
which will see those
People's homeland
torn down to an 8%
settlement area
h a v i n g tax p a y i n g
privileges. Keeping i n
mind that the land over
which the tax is being
paid belongs to the
payee. The people are expected to prudently manage $190
million dollars for their future generations. If the $ 190 million
is for the interest of future generations then what has become of
the assets from the loss of 92% of the nations land base, without
mentioning lost benefits from previously exploited lands and
resources? Is the $190 million a fair exchange? Before the ink
dried on the initialled deal one forest company is reported to be
expecting at least $80 million as compensation for lost cutting
rights.
While high media attention is being given the Nisga'a
deal, at the same time the federal government was firing volleys
from its assimilationist guns in the form of a Land Management
Agreement with 15 bands from across the country. This may be
passed or enacted by bands with a vote of 25% plus one. Is this
the extent of democracy from the federal government? No doubt
to it, the 1969 White Paper Policy is being implemented before
our very eyes and right under our noses.
As noted i n my Christmas message we continue to suffer
from the fallout of the B.C. Treaty Commission, the after effects
of the Gun Control legislation is yet to be felt. The unensured
health benefits are being implemented now with plans for total
elimination on April 1st, 1996. Apparently to demostrate their
(National Health and Welfare's hospitality, while our rights are
being abrogated, minished or terminated they have invited us to
their offices for cake and tea. Meanwhile our post secondary
student waiting lists grow with each passing day.
This month we witnessed stirrings from the students
when they protested against post secondary cutbacks on February
7th. These rallies were held right across the country. This week
the students are into their 15th day fast in objection to their right
of education not being recognized by the federal government.
It is certain that further actions by the students will be taken i n
the days ahead. Make your plans to participate and support the
struggle to protect our right of education.
2
Thank you for your letter of October 30,1995,
expressing your concern regarding funding reductions to the
Indian and Inuit health programs resulting from the federal
Budget. Please excuse the delay i n replying.
To begin, I would like to emphasize that no federal
department or agency has been shielded from the intense
scrutiny which characterized the Program Review and
subsequent Budget decisions. It was an exercise of choices,
of refocusing mandates and of setting priorities government
wide and i n every department.
The health sector, particularly health services to First
Nations and Inuit, continues to be a high priority for this
government. The federal government has shown a genuine
commitment to continue programming to First Nations and
Inuit. A t a time when the majority of federal departments
are facing significant budget cuts, the Indian and Inuit health
services budget will continue to grow at the rate of 6% this
fiscal year and 3% for the next two fiscal years.
I have informed the First Nations and Inuit leaders of
the effect of the 1995 Budget on Indian and Inuit health
services and invited them to participate i n developing a plan
to manage within the budget allocated for these services.
The purpose of this invitation was not take part in a cost
cutting exercise but to work together to ensure that programs
and finances are focused and managed i n a way that best
meets the needs and wishes of communities.
As the Minister of Health, I am responsible for
managing the Indian and Inuit health programs within the
Budget as tabled by the Minister of Finance. In the absence
of a mutually acceptable national framework for managed
growth, I will have to make the necessary decisions to ensure
the provision of services to First Nations and Inuit people
within the Envelope for the next fiscal year.
Please be assured that I remain committed to First
Nations' participation in the management of the Indian and
Inuit Health programs.
Yours sincerely,
Diane Marleau
Minister of Health
MINISTER OF H E A L T H H A S CHANGED TO:
DAVID DINGWALL
National Health & Welfare
10th F l , Jeanne Mance Building
Tunney's Pasture
Ottawa, Ontario K 1 A 0L3
Phone (613) 957-0200
Fax (613) 9572-1154
WINTER 1996
UBCIC NEWS
HEALTH: (Continuedfrom page 1)
POLITICALLY
The Federal Government is forcing b i g changes
regarding your rights. They are telling Indian people that we
will have the power to run our own affairs, decide our own
future, and our aboriginal rights and treaties will be protected
under the Canadian Constitution i f we agree to their self
government proposal. The truth is, they will only transfer
administrative responsibility and reduce their fiduciary
obligation to us. They are working to have provinces take over
health care services for Indian people.
This will place hardships on our people who are already
having financial difficulties. Many of our people will be
forced to pay health insurance premiums as an example. If
payments can't be met, families will not get health care
because doctors, dentists, optometrists, clinics, or hospitals
will not accept them without financial guarantees.
NON-INSURED H E A L T H BENEFITS L E V E L S ;
In 1994 -1995 fiscal year, Medical Services Branch
reviewed all the Indian health programs and services. They
looked at how programs were benefitting the health of your
communities and decided that hospital services was a low
priority of health care services because it is an insured service
available through the provincial health care system.
They proposed to cut o f f your coverage for
physiotherapy, psychotherapy, podiatry, chiropractic and other
services. The think they can phase i n the elimination of Mental
Health fee-for- service charges and decrease your Eye Glass
service i n adults from 2 to 3 years (except where medically
necessary). They plan to remove your over-the-counter drugs
services and to eliminate orthodontics.
For years, transportation services for patients has been a
problem between Indian Bands and Medical Services. It has
always been a bare-bones operation and yet they propose to
change the rules by limiting funds for this service.
While the levels of Non-Insured Benefits is of concern to
Indian Bands and Tribal Councils which handle their own
health programs, every status Indian person will be affected
by cut off to services mentioned above. Tribal Councils who
run their own hospitals will be caught with no funds and
many of our people will be denied access to hospital care.
NON-INSURED H E A L T H BENEFICIARIES;
Medical Services Branch is planning to cut-off N.I.H.B.
to the off-reserve status Indians on April 1, 1996. They say you
will become the responsibility of the provinces. M . S . B . report
that costs for this service has increased due to population
growth. This increase occurred because thousands of Indian
people were reinstated under the Indian Act due to B i l l C-31.
In 1985 the Department of Indian Affairs under-estimated the
number o f a b o r i g i n a l people seeking redress from
enfranchisement which created a problem of finding triple the
funding every Indian Band needed for housing, education, child
care, social welfare and health services.
WINTER 1996
The Federal Government has legal, political and moral
responsibilities to you no matter where you live. It is a fact
that because you live off-reserve for different reasons, you
already lose many of your rights. If you keep silent on
Medical Services goals to trim their budget by terminating
medical services to you and your family, they will succeed
in terminating your inherent jurisdiction. Chiefs and
Councils, Tribal and Native Leaders must actively fight for
our political rights on this issue.
N O N - I N S U R E D H E A L T H B E N E F I T S T O STATUS
INDIANS O N - R E S E R V E A N D W H O A R E ON S O C I A L
ASSISTANCE:
The Department o f Indian Affairs has a Social
Assistance program. It has never been known to inject quality
of care a n d services a n d its r a t i o o f funding always
outnumbered the cost of economic development and selfsufficiency in Indian communities. A n d yet, Medical Services
Branch want us to believe that if they provide Non-Insured
Health Benefits to on-reserve social assistance recipients, they
would save money by combining cost of this service with the
Social Assistance program of the D.I.A. This is very restrictive.
Again, Medical Services is using the population equation to offload your rights to the provinces. Indian Affairs created the
problem from enfranchisement but expect us to solve our own
problems with no money, less staff, and i n less time.
For Medical Services to strictly limit the NIHB to only
Indian people on Social Assistance and only living on
reserve is divisive. It is a termination of policy which is
against your constitutional and human rights. The
Government is dictating that you must be on Social
Assistance in order to receive NIHB. The government is not
giving your leaders the kind of time needed to address this
vital issue comprehensively.
U N I O N O F B.C. I N D I A N CHIEFS
POSITION
THE ABORIGINAL RIGHT TO HEALTH
The Aboriginal Right to health is a right to health care. It is
derived from our Nations' inherent sovereignty and unextinguished
Aboriginal Tide. It reflects our peoples' philosophy and ideology.
It is an inseparable and inalienable aspect of our peoples' unbroken
connection to Mother Earth and our unextinguished ownership of
our traditional territories and resources.
The right to health encompasses our peoples' right to
physical, spiritual, mental and social well-being. It is ourright,not
merely to survive, but to thrive — as individuals, communities and
nations. It is our right in international law to achieve the highest
attainable standards in all health areas.
Aboriginalrightsare seen as a Sacred Trust between the
citizens of Indian Nations. Our Leaders recognize our citizenship
whether we live on or off reserve, within Canada or outside
Canada. Our Aboriginalrightsare entrusted to us to uphold and
protectfor the mutual benefit of all our peoples, andfor those yet
unborn.
3
UBCIC NEWS
PRESS RELEASE
Canadian Federation of Students
D A Y EIGHT OF THE HUNGER STRIKE
Friday February 23. 1996
O T T A W A - Aboriginal students i n British Columbia are entering their eighth day of the hunger strike and the
Minister of Indian and Northern Affairs has not yet responded.
The students, who have set up tents in the University of Victoria Student Union Building, await a response from
the federal government regarding the budget, Penny Katzel, Aboriginal Student Liaison for the British
Columbia component of the Canadian Federation of Students stated that, " W e want to be assured that the
federal budget will include an increase in aboriginal students support to compensate for the tuition increases that
are a result of the implementation of the Canada Health and Social Transfer."
The students are protesting inadequate funding for this federal government's Aboriginal Post Secondary Student
Support Program. This program is supposed to fund aboriginal students post-secondary education expenses,
including tuition, text books, and living costs; however, this program is not currently providing adequate funds
for the number of students applying to access this program, nor does it accurately reflect the actual cost of
living. This program was implemented i n 1989 and has not been up-dated since.
" I am concerned that there hasn't been response from the government on this issue. There is a
growing concern for the health of these students who have been without food for over a week" expresses Renee
Shilling, Aboriginal Students Representative for the Canadian Federation of Students. "Education is an
inherent Aboriginal and Treaty Right and these students have very legitimate concerns about the commitment of
the federal government. Aboriginal education is already severely under-funded and we are concerned that the
tuition increases will put further pressure on the administering organization which already have long waiting
lists. T h i s has become much more than an access issue, especially when the federal government is
creating it's own barriers with their cuts to social programs.
There is growing support for the students from organizations such as the Assembly of First Nations and the
Union of B . C . Indian Chiefs. There will be an organizing meeting in Vancouver on Tuesday to plan a protest at
the Regional Office of the Department of Indian and Northern Development. ' 'We are prepared to do whatever
it takes to make sure that our RIGHTS are upheld. We don't want to see tactics and policies like the 1969
White Paper'' claims Dan Daigle, Aboriginal Students Commissioner for the K i n g Edward Student Association
and organizer of the Vancouver protest.
" T h e Hunger Strike is a result of the federal government continuing to renege on it's constitutional
responsibility to provide education for First Nations People," added Katzel. " W e will continue until we receive
word from the Minister of Indian Affairs, Ron Irwin, that there will be a substantial increase i n funding for
aboriginal post-secondary students i n the coming budget."
For more information, contact:
Penny Katzel - phone (604) 920-8728
message (604) 721-7884
Dan Daigle - phone (604) 871-7146 fax (604) 872-4875
The Canadian Federation of Students, Canada's national organization, was formed i n 1981 and represents more
than 40,000 students at colleges and post-secondary institutions across the country.
EDUCATION IS A RIGHT, NOT A PRIVILEDGE!
4
WINTER 1996
UBCIC NEWS
Union of B . C . Indian Chiefs In Support of Hunger Strike
V A N C O U V E R , B . C . - February 28, 1996. The Union of B . C .
Indian Chiefs have been in contact with the students who are
completing their 13th day of a Hunger Strike to protest the
cutbacks to education. There has been no response or inquiry
from the federal or provincial governments as to their condition
or requests they might have. Ron Irwin, Minister of Indian and
Northern Affairs has ignored numerous faxes, phone calls and
letters from B . C . and across Canada with regards to Education
cutbacks. Out of the five students who continue on the Hunger
Strike, three are non-First Nations students.
In 1987, the federal government imposed a cap on assistance
funding, thereby limiting the number of native students who can
pursue post-secondary education and leaving the difficult
decision as to who w i l l receive support. This cap i n funding
comes at a time when the demands of native peoples for postsecondary education is rising. O n Wednesday March 6, 1996,
the Federal Budget is expected to be released which will
confirm funding levels. Chief Saul Terry explains, "This is not
only a First Nations fight for education, this is going to effect
everyone across Canada. Every person has the right to equal
treatment without being discriminated against because of race,
national or ethnic origin, religion, political belief or socioeconomic background. We have to stand united, for too long
there has been barriers for the same objectives."
Support these hunger strikers, and all students by phoning or
faxing your Minister of Parliament, the Minister of Skills
Training & Labour fax: (604) 387-3200, Minister of Aboriginal
Affairs, fax: (604) 356-1124, Minister of Health, fax (604) 3873696 or the Canadian Federation of Students, fax (604) 7331880
-30Contact: Jennie Blankinship or Millie Poplar (604) 684-0231
UBCIC NEWSLETTER DEADLINE
The deadline for the next Newsletter has been set for March 29,
1996. If you have any information that you would like to see in
the next edition of the U B C I C N E W S L E T T E R send by mail
mail or fax to:
UBCIC NEWSLETTER
5th Floor - 342 Water Street
Vancouver, B.C. V 6 B 1B6
Phone: (604) 684-0231
Fax: (604) 684-5726
WINTER 1996
Students Demonstrate at Vancouver Hotel on
Education Funding Crises
March 1,1996 - Vancouver, B.C. -Education is an aboriginal and
treaty right of Indian Peoples. This means that full federal funding
is due for all our citizens as long as they meet the entrance
requirements as may be established by our Bands and the receiving
institution. For much too long, the federal government has denied
our rights. This non-recognition must cease.
In 1989, Indian students went on a national hunger strike over the
capping of education funds. Since that year the waiting list has
become greater. A recent study by the Canadian Federation of
Students indicates that the real need of status Indian students in
British Columbia for this year alone falls short by 4.7 million
dollars.
Once again we have a student hunger strike. This time it also
involves members of the Canadian Federation of Students. Their
hunger strike is now well into its third week. Going without food
is a very serious action.
For this reason, other students have pledged their support and are
demonstrating today at the Vancouver Hotel. This is to remind
federal politicians of their obligations for "Indians and lands
reserved for Indians,'' especially their obligation to fund education
opportunities for all our peoples.
The handful of students at the University of Victoria have sounded
the alarm through their hunger strike — this alarm is being
amplified by the demonstration at the Vancouver Hotel.
The issue today is that the right of education of Indian Peoples is
being threatened with termination by the federal government and
the right to education of Canadians generally is being seriously
compromised as well.
The Union of B.C. Indian Chiefs will continue to support the
struggle of our Peoples to have our constitutional right of education
recognized and respected by the Government of Canada.
Put your pens to hand, pick up your placards and put on your
marching shoes — the rights of our Peoples are at stake.
-30Contact: Chief Saul Terry
President, U B C I C
(604) 684-0231
5
UBCIC NEWS
Education Update
Chiefs, Council and Education Coordinators expressed
their concerns on education cutbacks to John Watson and John
Ellis on F E B R U A R Y 14, 1996 at the Department of Indian
Affairs, Vancouver. Again, Watson and Ellis claimed that
there are no cutbacks i n Indian Education! "Reviewing the
Nominal Roll Watson stated, will reflect increases. We are
accountable to the Attorney General and the Audit General. We
have to prove that the moneys are being spent on education,"
The response to this comments was, "It towards the First
nations people that the government should be accountable to,
they have a fiduciary responsibility to provide education to all of
us. There is evidence that there is insufficient funding give to
our band schools, administration, travel, tuition, living
allowances and health."
Many bands have selected to undergo the Nominal Roll
Reviews. They feel this is another tactic to police band operated
and Independent schools. Nominal rolls have to be submitted
annually to the government for funding of each school, whether
it be band operated, independent or public schools. Why then,
are they (government) forcing another Nominal Roll Review on
band operated schools? The government obviously has a hidden
agenda?
A rally took place across Canada, February 7, 1996, i n
protest to Education and Health cutbacks and tuition increases.
In Vancouver, approximately 500 First Nations people rallied i n
protest. Placards expressed the aggravation and discontentment
towards the government's plan to cutback. Students from the
Native Education Centre, Langara College, Institute of
Indigenous Government, Simon Fraser University, U B C and
LIVING ALLOWANCE
STUDENTS
Vancouver Community Colleges attended along with various
native organizations which led the precession down Main Street
past the Vancouver Public Library then onto the Vancouver A r t
Gallery. Approximately 5000 students and supporters joined i n
protest. The hand drums and singers were placed at the front
lines.
Victoria B.C: Aboriginal students are on a Hunger
Strike at the University of Victoria, in protest of Education
cutbacks. The strike started February 16, 1996 and will proceed
until they hear from Ron Irwin at the Department of Indian
Affairs in Ottawa. A representative, Penny Katzel stated that
" M r . Irwin's lack of concern for us is no less appalling than his
government's decision to starve the post-secondary education
system of funds. M r . Irwin and his Liberal government bear
full responsibility for our health."
Allowances: For years the living allowances for first nations
students have been capped to a level below the standard of
living. The last update to the Federal Government Allowances Living Costs was in 1989.
The government determines how much it will spend on
aboriginal education, then divides it up amongst eligible bands.
The number of students from each band is not factored i n nor is
the actual cost per student. Bands are faced with choosing
students and funding them at different levels. Potential students
are turned away or they are underfunded to allow more spaces.
First Nations people have a fundamental right to
education, whether it be pre-school, K-12, A B E , Special Needs,
technical or post-secondary. The government has a fiduciary
responsibility to provide education. We have a right to demand
higher funding and for the unpaid educational costs for the
number of student currently enrolled as well as the expected
increase i n tuition fee levels for 1996/1997, which is an
additional $8.3 million for B . C .
FOR FIRST NATION
STUDENTS
MONTHLY ALLOWANCE
8 MONTHS
Single living with employed parent
Single, independent
$290
$675
$2,320
$5,400
Married with working spouse
* with 1 dependent
* with 2 dependants
* with 3 added dependants
$675
$850
$1,030
$1,205
$5,400
$6,800
$8,240
$9,640
Married with dependent spouse
* with one added dependent
* with two added dependants
* with three added dependants
$895
$1,045
$1,205
$1,355
$7,160
$8,360
$9,640
$10,840
Single Parent
* with one dependent
* with two dependants
* with three dependent
$1,045
$1,205
$1,355
$8^60
$9,640
$10,840
* Source: Aboriginal Post-Secondary Education: Making a Case for More Funding
Canadian Federation of Students, University of Victoria Native Student Union, December 1995.
6
WINTER 1996
UBCIC NEWS
Legal Update - Fishing Cases
Regina vs Jack, John & John; Reg in a v. Sampson & Elliot; and Regin a v. Little
Memorandum
Analysis
These three unanimous decisions of the B C C A clearly
establish that:
From: Brenda Gaertner and Louise Mandell
1. DFO's reliance on conservation concerns i n order to close the
terminal aboriginal fisheries of weak stocks, while allowing those
stocks to be fished by the commercial or sports fisherman while
Re: Case Comment on Regina v. Jack, John & John, Regina v.
they are intermingled with other stocks does not meet the
Sampson and Elliot, and Regina v. Little
constitutional priority for the aboriginal fishery confirmed by
Overview
Sparrow.
While this
The decisions of the
prioritymaynotmean that
UNION OF B.C. INDIAN CHIEFS
B . C . Court of Appeal
D F O has So close down
( " B C C A " ) i n these three
completely
the
Attention: Chief Saul Terry
fishing appeals were released
interception fisheries,
on December 20th, 1995. In
D F O does have the
Re: Fishing Cases: Regina v. Jack, John & John; Regina v. Sampson &
each decision the Court ruled
obligation to implement
Elliott; and Regina v. Little
unanimously in favour of the
a system which conforms
aboriginal/treaty right
to the priority established
We are pleased to report to you regarding three decisions of the B.C.Courtof
asserted. Each case challenged
by Sparrow.
Appeal in fishing appeals which we were released on December 20, 1995. The
DFO's method of m a n a g i n g
2. The Conn will analyze
Court ruled unanimously in favour of the aboriginal and treatyrightswhich were
m i x e d stock fisheries, i n
how that priority has been
in issue. These cases involve the mixed stock fishery. DFO's practice has been
particular D F O ' s h a b i t o f
met on a run basis. It is
to allow commercial and/or sports fishery to access to the weak stocks while they
c l o s i n g f o r conservation
not sufficient for the
co-mingle with other stocks. When the weak stocks return to their rivers to spawn,
p u r p o s e s the t e r m i n a l
Crown torelyupon claims
closures on fishing are then imposed by DFO for conservation purposes. This
aboriginal fishery, w h i l e
that D F O has generally
practice has resulted in the "inadvertent" destruction of genetically distinct
allowing the commercial and/
m e t the food f i s h
stocks as sell as charges laid against Indianfishermenwho fish from the rivers.
or sports fishery access to those
requirements of the
The B.C. Court of Appeal held that the Crown cannot justify the closure under
same weak stocks while they
aboriginal people.
those circumstances and found the Indianfishermen"not guilty"
are commingled/mixed with
3. The obligation of
Because of the importance of these decisions to your people, we have
other stocks.
consultation imposed on
provided a summary of the cases for your information. We would be pleased to
The B C C A decisions
D F O by Sp^row includes
answer any questions which may arise.
provide an analysis of the
a duty on DFO to ensure
justification test established in
that the aboriginal group
Yours very truly,
Sparrow. The Court confirmed
is provided with full
that there is a heavy burden
i n f o r m a t i o n on the
Mandell Pinder
placed on the Crown to justify
conservation measure and
Louise Mandell, Barrister & Solicitor
infringements to aboriginal/
its effect net only on the
treaty fishing rights, that the
aboriginal group but also on other user groups.
closure of terminal fisheries while allowing commercial or sports
4. Consultation includes a positive duty on D F O to fully inform
fisheries access to those runs fail to meet the priority of the
itself of the fishing practises of the aboriginal group aid their views
aboriginal/treaty fishing right confirmed by Sparrow.
of the conservation measures.
The Court also concluded that consultation requirements
These conclusions should greatly assist the efforts of
established in Sparrow must include disclosure of all conservation
aboriginal
people in negotiations regarding fishing plans that will
measures which are to be implemented and to advise regarding the
ensure
that
on a run by run basis sufficient returns to the river are
effect such proposed measures will have on the First Nations
made
not
only
to meet the necessary escapement but also to meet
concerned. D F O has a duty to fully inform itself of the fishing
the
fishing
requirements
of the aboriginal people. It is not
practices of the First Nation and their views of the conservation
sufficient
for
D
F
O
to
simply
substitute either access toother fishing
measures. These consultation duties of D F O must occur before the
runs
or
other
fish.
proposed conservation measures are implemented.
Date: January 3, 1996
WINTER 1996
7
UBCIC NEWS
SACRED ASSEMBLY
Reconciliation Proclamation
We, the delegates to Sacred Assembly '95, gathered together in Hull, Quebec on December 6-9, 1995, having come from
the four corners of this land — East, West, North, and South — and having brought with us diverse spiritual backgrounds
and having listened to and prayed with Elders, spiritual leaders and with each other, are now able to assert the following:
We share, as part of our common spiritualfoundation, the belief that:
the Creator God reigns supreme over all things:
the land on which we live was created for the benefit of all:
as the original inhabitants of this land, Aboriginal peoples have a special right and responsibility to ensure
the continuing integrity of the land and the unity and well-being of its inhabitants: and
non-Aboriginal Canadians also share in these responsibilities.
We, share the recognition
that reconciliation between Aboriginal and non-Aboriginal Canadians must be rooted i n a spiritual
understanding of land as a gift from the Creator God:
the sins of injustice which have historically divided Aboriginal and non-Aboriginal peoples remain active
i n our society today:
concrete actions must be taken by Aboriginal and non-Aboriginal peoples alike to overcome
these injustices and to bind up the wounds of those who have suffered:
We share an understanding
that the starting point for healing and reconciliation lies in personal communion with the Creator God:
while change must take place at all levels of society, it must be rooted most firmly i n the communities:
and
relations based on justice will require respect for past treaties, a fair settlement of land rights disputes, the
implementation of the inherent right of self-government and the creation of economic development
opportunities and other institutions to support it.
We have a commitment
As individuals:
to seek the personal guidance and counsel of Elders and spiritual leaders in order to walk more closely
with the Creator God:
to return to our communities and develop ways to continue the process of heating and reconciliation that
has begun at Sacred Assembly '95:
to continue to explore with each other our sacred foundations, i n order to b r i n g about spiritual
reconciliation, Aboriginal justice and the fulfillment of political responsibilities in this country:
to continue to respect the difference in our spiritual journeys, even as we seek to discover the common
spiritual link between us.
As churches andfaith communities:
to continue the process of healing and reconciliation with Aboriginal peoples, by providing the forums
and supports needed to heal the wounds created in the past:
to become stronger advocates for justice and reconciliation i n current and future public affairs, and to hold
our governments accountable for their implementation of just policies:
to recommit ourselves to a program of education and action on issues relation to land rights,
self-government, economic development and racism.
As First Nations and Aboriginal communities and organizations:
to work towards healing and reconciliation within our own communities:
to accept the challenge issued by our Youth to create an environment i n our communities that encourages
a healthy view of oneself and respect for others, and which also addresses community conflicts that
prevent Youth from finding their path.
8
WINTER 1996
UBCIC NEWS
RESOURCE CENTRE NEWS
First Nation Women - Bibliography
Our apologies for promising a bibliography of books and
videos about First Nation women in the last issue of the Newsletter
and then not including it. The bibliography which was supposed
to have been inserted in the Newsletter before it was mailed out was
not included. It is in this issue. If you have any questions about the
books or videos i n the bibliography, please call or fax us.
Where to Get Native Books & Videos
Staff in the band school, tribal council, and cultural centre
libraries often wonder where to acquire books and videos for their
collections. The following is a list of book and video vendors who
deal exclusively with Canadian and American native materials.
Getting on their mailing list for catalogues and new publication
announcements can make it easier to keep up on what is being
published and can make it easier to order. In addition, library staff
should try to scan newspapers (native and non-native) for mention
of reports and other new materials not available from standard
publishing companies. You can also ask particular government
departments and provincial ministries to put your organization on
their mailing list for reports etc. released to the public. It is best to
contact the Communications branch within departments or
ministries as they usually handle the public dissemination of
information.
Call or fax these vendors and ask to receive their catalogues
which include books, cassettes, videos and CDs:
Mohawk Nation Book and Magazine Store
P.O. Box 645
Mohawk Territory
Kahnawake, Quebec J0L 1B0
Phone: (514)638-4016 Fax: (514)638-5639
Specializing in native literature of all types on all topics
The Native Book List
#9-6125 11th Street S.E.
Calgary, Alberta T2H 2L6
Phone: 1-800-360-8826 (toll free)
Extensive list of discounted books, cassettes, CDs, and videos by
and about First Nations,
Inuit, and Metis people
The Native Book Centre
150 York H i l l Blvd.
Thornhill, Ontario L4J 2P6
Phone: (905)881-7804 Fax: (905)881-7808
Books with an authentic perspective on the aboriginal peoples of
Canada and the United States
Northwest Coast Book & Art Company
Box 436, 720 Highway 33
Queen Charlotte City, B.C. V 0 T ISO
Phone: (604)559-4681 Fax: (604)559-8643
By and about Indians of the Northwest Coast. Extensive lists of
new, out-of-print, and rare books.
WINTER 1996
Sharing Strength Within a Talking
Circle
The traditional' 'Talking Circle'' is a very old way of
bringing Native People, of all ages, together in a quite,
respectful manner for the purposes of teaching, listening, learning,
and sharing. When approached in the proper way, the circle can
be a very powerful means of touching or bringing some degree of
healing to the mind, heart, the body or the spirit
Within this Sacred Circle we are encouraged to speak not
only from the mind, but from the heart, we are free to share our
innermost feelings if we choose. Regardless of whether one brings
traditional teaching or a personal problem to the circle, all persons
are valued, respected and listened to. There is an Indian belief of:
right time / right place / right people / hearing right things and we
rely on that belief within the circle.
The traditional "Talking Circle" is a very old way of
bringing Native People, of all ages, together in a quiet,
respectful manner for the purposes of teaching, listening, learning,
and sharing. When approached in the proper way, the circle can
be a very powerful means of touching or bringing some degree of
healing to the mind, the heart, the body or the spirit One could
call it a very effective form of Native group-therapy.
The circle leader, teacher or facilitator begins by passing
around sweet grass, cedar, or sage, so that the participants may
"smudge'' themselves. We have been taught by our ancestors that
these Sacred Herbs have a purifying effect upon our total being.
As the smoke from the herbs surround us, we are better able to
connect on many levels with the others, within the circle, within
ourselves and with that we are about to experience.
The group leader (or a volunteer) will then open the circle
with a prayer. The circle is now in the hands of the Great Spirit,
Grandfather, God, or whatever one chooses to call that higher
power. The leader might next have the people shake hands to
acknowledge each other. It is a good thing to do, especially if this
is a new circle of people.
The group leader then begins to "Talk to the People''
without interruption, talking to no one person, but to all who are
present. A l l are expected to listen respectfully until the speaker is
finished. A l l who sit within the circle will have an opportunity to
express themselves if they choose or they may simply listen, but all
who speak will be given the same respect. They will be listened
to.
The group leader and most likely others within the circle,
may bring eagle feathers or stones or other sacred objects which
are passed and shared. We believe these sacred things to be
helpers in furthering our connections to spirits and to our higher
selves, they help us listen, they aid in our learning
When all have spoken, anyone may request that this be a
' 'closed circle'', that all that has been said and the identities of the
participants shall be confidential. If no one requests a closed
circle, all may freely share what they have learned
The circle is closed with a prayer. So in this old way we
have come together again to teach, to learn, to touch each other's
spirit, that we may find strength to live in these two worlds, that
our people may live.
Elder Glen Douglas
9
UBCIC NEWS
Environmental Groups take Lubicon Boycott Issue to the
International Community
February 23, 1996
A coalition of environmental
groups from Canada and the United
States have vowed to carry on the
struggle of the Daishowa boycott on an
international level.
A recent decision by the Ontario
Divisional Court has ruled that the
Friends of the Lubicon boycott against
Daishowa is illegal. The court has
granted Daishowa Inc. an interlocutory
injunction, forcing a temporary halt to
the boycott until Daishowa's case
seeking a permanent injunction can be
heard.
The Friends of the Lubicon began
a consumer boycott i n 1991 in order to
help the Lubicon Cree people prevent
clear-cutting on their lands. A Forest
Management Agreement (FMA)
completely blanketing all 10,000 square
kilometers of Lubicon territory is held by
Daishawa Marubeni International's
subsidiary of the Japanese-owned
Daishowa multi-national logging
company.
"Consumers have a right to know
that the products they are purchasing are
coming from clear-cut logging and forest
destruction," stated Colleen McCrory,
Chairperson of the Valhalla Wilderness
Society. "Clear-cut logging and
roadbuilding will cause widespread
destruction to Lubicon lands.
Daishowa's new 1,000 metric ton/day
pulp mill will need vast forested areas of
the Lubicon's traditional territory which
will clear-cut 11,000 trees each day or
approximately 4 million trees each
year."
The Lubicon people have already
been suffering severe hardship as a result
of the environmental damage inflicted
upon their lands by the oil and gas
industry.
Daishowa Director of Corporate
Development, Tom Cochrane was quoted
in the Toronto Varsity News on February
8th, 1996 as saying "the Friends of the
Lubicon think the livelihood of a
hundred families is worth sacrificing for
giving some Indians some land rights."
" W e are shocked by this blatantly
racist remark by a Daishowa
representative," said Grey Jones,
Executive Director of Western
Wilderness Committee in Edmonton,
"This kind of racist speech does not
belong in Canada."
The Ontario Divisional Court
ruling must be appealed in the highest
court in Canada as it jeopardized the
very foundation of the Canadian people's
basic democratic rights," said McCrory.
"Environmental groups in
Canada and the United States will take
this issue to the International community
in support of the Lubicon people and the
boycott of Daishowa. We will be asking
groups in the United States to help the
Lubicon. There is already a well
organized boycott of Mitsubishi across
the U . S . , " stated Chris Genovali, of the
U.S. Pacific Environment & Resources
Center.
Genovali said, " P E R C is
interested in protecting the boreal forest
worldwide. We thought Canada was a
very democratic country, but after seeing
first hand the hardship of the Lubicon
and then hearing of this court ruling, we
are very concerned. We will be watching
this issue very closely."
Contact:
Colleeen McCrory / Vahalla Wilderness
Society (604) 358-2333
Grey Jones / Western Canada Wilderness
Society Committee (403) 433-5323
Chris Genovali / Public Environmental
Resource Centre, (604) 388-9292
Penticton Indian Band - Press Statement
Sunday, January 28.1996
The Penticton Indian Band rejects Minister of Indian Affairs, Ron Irwin's recent statement that the Native unrest of 1995 and any
potential future Native unrest shall be linked to the lack of progress of the B.C. Treaty Commission. We find Irwin's statement to
be totally ludicrous and completely without foundation.
The A d a m ' s Lake B a n d , the Upper N i c o l a Band, the Penticton Indian Band and the people who were involved i n
the Gustafsen Lake standoff are unanimous i n their o p p o s i t i o n to the B . C . Treaty C o m m i s s i o n process. Further, it
should be noted that approximately 80 Native communities throughout the province do not support the B.C. Treaty process.
Any suggestion that these communities would become engaged in a Native uprising" in the event that the B . C . Treaty Commission
doesn't "fast track' the settlement process is totally ridiculous.
If Minister Irwin's recent statement reflects his comprehension of these critical matters, he should be immediately terminated!!
Contact: Stewart Phillip (604) 493-3924
(604) 493-0048
10
WINTER 1996
UBCIC NEWS
Lightkeepers Applaud Provincial Move
To Keep Lightstations Staffed
ON THE MOVE...
January 9, 1996
Vancouver - B.C.'s lightkeepers are applauding the efforts of
Minister Glen Clark as he announced today the provincial
government's intention to meet with the federal government in
order to discuss alternative solutions to the destaffing of any of
B.C.'s 35 staffed lightstations.
' ' M y discussions with the Premier and Minister Clark
regarding a provincial "takeover" of west coast lightstations
began almost a year ago," said Jim Abram, president of PS A C
local 20232 representing B . C . lightkeepers. "These talks have
resulted i n a letter to federal fisheries minister Brian Tobin
from Minister Clark expressing an intent to negotiate a
provincial solution to this 10 year old problem."
The public and affected user groups including organized
labour, local governments, First Nations communities and
federal and provincial politicians, have participated i n
numerous consultations and lobbied extensively to convince the
federal government of the necessity of a staffed presence on the
lightstations in order to continue delivering essential safety
services. These services will be lost i f destaffing occurs.
While Minister Tobin did re-investigate the issue when
he took over Canadian Coast Guard i n the spring of 1994, he
later announced plans to proceed with destaffing, beginning
with eight in B . C . this year. Since receipt of Minister Clark's
letter, staff in Tobin's office and Commissioner John Thomas,
Coast Guard's senior bureaucrat, have confirmed their desire to
discuss alternative solutions with the provincial government so
that the lightstations will remain staffed.
" I t is imperative that the one condition stated by
Minister Clark i n his December 21, 1995 letter to Minister
Tobin be put into effect immediately, that is, the provincial
government's expectations that all destaffing implementation
plans be stopped until agreement is reached," emphasized
Abram. ' 'It would be irresponsible of Coast Guard to spend
money unnecessarily to implement a plan that could be
extinguished with the signing of a provincial/federal
agreement."
"Through all the help we have received from Minister
Clark, Minister Gabelmann, Premier Harcourt and their staffs,
we are finally working effectively and cooperatively on a
permanent solution to the service delivery needs of our marine
and aviation clients," Abram concluded. "This is an incredible
breakthrough brought out by ongoing efforts of user groups,
lightkeepers, the provincial government and others. I look
forward to continuing the work with the province and the
federal government to establish a successful and lasting
conclusion."
-30Contact:
Jim Abram, Cape Mudge Lightstation
Cell: (604) 830-8005
Phone: (604) 687-1128
WINTER 1996
CHIEFS M A S K B O O K S T O R E
has relocated to:
5th Floor -342 Water Street
Vancouver, B . C .
V6B 1B6
Phone (604) 684-0231
Fax (604) 684-5726
Now serving the Institute of Indigenous Government as a
Campus Bookstore
T H E V A N C O U V E R A B O R I G I N A L JUSTICE
CENTRE SOCIETY
has relocated to:
191 Alexander Street (at M a i n Street)
Vancouver, B . C .
Phone (604) 684-2121
Fax (604) 684-2177
K E K I N O W N A T I V E H O U S I N G SOCIETY
has relocated to:
#1014-7445 132nd Street
Surrey, B . C .
LOGO CONTEST
INSTITUTE OF INDIGENOUS G O V E R N M E N T
There is an open competition for which young Indigenous
persons are especially invited to enter. The logo should
appropriately represent the Institute's status, goals and
functions. Entries will be judged by a panel appointed by
the Board of Governenors and will be announced in late
May. A n honorarium of $1500 will be awarded to the
first place entry. In the event the contest winner is under
the age of 19, the above said honorarium shall be put into
an interest bearing trust account until he/she reaches the
age of majority. Completed entries must be received at
the IIG's Vancovuer Campus no later than April 30,
1996.
For detailed information contact Laurie Sterritt
Institute of Indigenous Government
3rd Floor - 342 Water Street
Vancouver, B.C. V 6 B 1B6
Tel: (604) 602-9555 Fax: (604) 602-3400
11
UBCIC NEWS
UNION OF B. C. INDIAN CHIEFS
SUBSCRIPTION F O R M
NAME:
F O R OFFICE USE O N L Y
DATE RECEIVED;
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Please make cheque or money order payable to:
INDIVIDUALS: $100.00
$
UNION OF B.C. INDIAN CHIEFS, 5TH FLOOR - 342
W A T E R STREET, V A N C O U V E R , B.C., V6B 1A1
CHIEFS MASK BOOKSTORE
&
BOOKS
GALLERY
-FIRST NATIONS
- ABORIGINAL
ARTS & CRAFTS
- JEWELLY (GOLD AND
SILVER)
ISSUES
- POTTERY
- INTERNATIONAL
INDIGENOUS
-PRINTS
-LAND
CLAIMS
- T-SHIRTS
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- TRADITIONAL
MUSIC
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CALL, WRITE OR
- AND MUCH
MORE!
DROP IN TODAY!
CONSIGNMENT ITEMS ACCEPTED
Owned and operated by the Union of B.C. Indian Chiefs - 5th Floor 342 Water Street in Gastown (604) 684-0231
12
WINTER 1996
new titles new titles new titles new titles ne¥/ titles
lndigenous Women:
A Select Bibliography of New Titles in the Resource Centre
Union of B. C. Indian Chiefs / IIG Resource Centre
Aboriginal women in Canada [videorecording] / produced by Ironstar Communications.
— Oakville, Ontario : Magic Lantern Communications [distributor], 1991.
The Colour of resistance : a contemporary collection of writing by Aboriginal
women / anthologised by Connie Fife. — Toronto : Sister Vision Press, 1993.
ISBN 0-920813-62-3 (paperbacks)
Doctor, lawyer, Indian chief [videorecording] / Carol Geddes, director ; Barbara Janes,
producer. ~ Montreal: National Film Board of Canada, 1986.
Enough is enough : Aboriginal women speak out / as told to Janet Silman. - Toronto :
Women's Press, 1987. ISBN 0-88961-119-X (paperback)
From a Native daughter : colonialism and sovereignty in Hawaii / Haunani-Kay
Trask. - Monroe, Maine : Common Courage Press, 1993. ISBN 1-56751-009-4 (hardcover)
- ISBN 1-56751-008-6 (paperback)
Keepers of the fire [videorecording] / Christine Welsh, director; Ian herring and Christine
Welsh, producer; Signe Johansson and Joe MacDonald, NFB producers. — Montreal:
National Film board of Canada, 1994.
Messengers of the wind : Native women tell their stories / edited by Jane Katz. - NewYork: Ballantine Books; Toronto : Random House of Canada, 1995. ISBN 0-345-39060-1
(hardcover)
The Ways of my grandmothers / Beverly Hungry Wolf. - New York : William Morrow
and Company, 1980. ISBN 0-688-03665-1 (hardcover)
Women of the Native struggle : portraits and testimony of Native American
women / edited and photographed by Ronnie Farley; with an introduction by Anna
Lee Walters. - New York : Orion Books, 1993. ISBN 0-517-88113-6 (paperback)
Writing the circle : Native Women of Western Canada / compiled and edited by
Jeanne Perreault and Sylvia Vance; with a preface by Emman LaRoque. - Edmonton,
Alberta : Newest Publishers, 1993. ISBN 0-920897-88-6 (paperback)
Union of B.C. Indian Chiefs
NEWSLETTER
WINTER 1996 EDITION
WARNING: As of April 1, 1996 Medical Services Branch Will Terminate
Your Health Rights.
BE ALERT TO DEVOLUTION DANGERS
c/ he Federal Government has legal, political and moral responsibilities to you no matter where you live. It is a fact that
a
As
because you live off-reserve for different reasons, you already lose many of your rights. If you keep silent on Medical
ervices goals to trim their budget by terminating medical services to you and your family, they will succeed in terminating
your inherent jurisdiction. Chiefs and Councils, Tribal and Native Leaders must actively fight for our political rights on this issue.
aa DA wr & W
10
9,
il.
INSIDE THIS ISSUE...
. Message from the President
. Health
. Education
. UBCIC Press Releases
. Education Continued
. Legal Update
- Fishing Cases
. Sacred Assembly
- Reconciliation Proclamation
Resource Centre Update
Lubicon
Lightkeepers Update
Every Status Indian person, whether treaty or non-treaty, on-reserve or off-reserve is
entitled to Non-Insured Health Benefits. Your Right entitles you to:
Medical Insurance Premiums: This covers your provincial health care insurance
plan premiums. It may cover your medical insurance premiums if you are working or
studying outside of Canada, Medical Services Branch pays for your premiums.
Other Health Care: This includes mental health (psychological) services but also
physiotherapy, chiropractic, podiatry and speech therapy, and doctors visits.
Drugs: This covers prescriptions and over-the-counter drugs, medical supplies and
medical equipment.
Dental Care: This covers dental treatment. The NIHB program keeps a list of dental
services they are willing to provide.
Vision Care: This covers new and replacement eye glasses and frames, fees for
optometrists’ services, medically necessary new and replacement contact lenses and
repairs to eyeglass frames.
Medical Transportation: Covers travel costs by land or air, including meals and
accommodations while in transit, any legally or medically required escort to and from
the nearest health care facility to obtain required medical services when such services
are not available at the patient’s home community. This service is mainly for on-
reserve Indian people.
The Department of National Health and Welfare (N.H.W.), through the Medicai
Services Branch, has a fiduciary obligation to provide registered Indian peoples with
health services (known as Non-Insured Health Benefits, or N.I.H.B.). These health
benefits cover medical services for the purpose of maintaining your health, preventing
disease, diagnosing or treating an illness, injury or disability.
HEALTH: (Continued on page 3)
WINTER 1996
UBCIC NEWS
MESSAGE FROM
THE PRESIDENT:
(1/77 “hisbeing
4h made of the
Nisga’a deal
which will see those
People’s homeland
torn down toan 8%
settlement area
having tax paying
privileges. Keeping in
mind that the land over
which the tax is being
paid belongs to the
payee. The people are expected to prudently manage $190
million dollars for their future generations. If the $190 million
is for the interest of future generations then what has become of
the assets from the loss of 92% of the nations land base, without
mentioning lost benefits from previously exploited lands and
resources? Is the $190 million a fair exchange? Before the ink
dried on the initialled deal one forest company is reported to be
expecting at least $80 million as compensation for lost cutting
rights.
While high media attention is being given the Nisga’a
deal, at the same time the federal government was firing volleys
from its assimilationist guns in the form ofa Land Management
Agreement with 15 bands from across the country. This may be
passed or enacted by bands with a vote of 25% plus one. Is this
the extent of democracy from the federal government? No doubt
to it, the 1969 White Paper Policy is being implemented before
our very eyes and right under our noses.
As noted in my Christmas message we continue to suffer
from the faliout of the B.C. Treaty Commission, the after effects
of the Gun Control legislation is yet to be felt. The unensured
health benefits are being implemented now with plans for total
elimination on April Ist, 1996. Apparently to demostrate their
(National Health and Welfare’s hospitality, while our rights are
being abrogated, minished or terminated they have invited us to
their offices for cake and tea. Meanwhile our post secondary
student waiting lists grow with each passing day.
This month we witnessed stirrings from the students
when they protested against post secondary cutbacks on February
7th. These rallies were held right across the country. This week
the students are into their 15th day fast in objection to their right
of education not being recognized by the federal government.
It is certain that further actions by the students will be taken in
the days ahead. Make your plans to participate and support the
struggle to protect our right of education.
©
Letter from Diane Marleau, Minister of
Health
Received January 22, 1996
Dear Chief Terry:
Thank you for your letter of October 30, 1995,
expressing your concern regarding funding reductions to the
Indian and Inuit health programs resulting from the federal
Budget. Please excuse the delay in replying.
To begin, I would like to emphasize that no federal
department or agency has been shielded from the intense
scrutiny which characterized the Program Review and
subsequent Budget decisions. It was an exercise of choices,
of refocusing mandates and of setting priorities government
wide and in every department.
The health sector, particularly health services to First
Nations and Inuit, continues to be a high priority for this
government, The federal government has shown a genuine
commitment to continue programming to First Nations and
Inuit. At atime when the majority of federal departments
are facing significant budget cuts, the Indian and Inuit health
services budget will continue to grow at the rate of 6% this
fiscal year and 3% for the next two fiscal years.
I have informed the First Nations and Inuit leaders of
the effect of the 1995 Budget on Indian and Inuit health
services and invited them to participate in developing a plan
to manage within the budget allocated for these services.
The purpose of this invitation was not take part in a cost
cutting exercise but to work together to ensure that programs
and finances are focused and managed in a way that best
meets the needs and wishes of communities.
As the Minister of Health, I am responsible for
managing the Indian and Inuit health programs within the
Budget as tabled by the Minister of Finance. In the absence
of a mutually acceptable national framework for managed
growth, I will have to make the necessary decisions to ensure
the provision of services to First Nations and Inuit people
within the Envelope for the next fiscal year.
Please be assured that I remain committed to First
Nations’ participation in the management of the Indian and
Inuit Health programs.
Yours sincerely,
Diane Marleau
Minister of Health
MINISTER OF HEALTH HAS CHANGED TO:
DAVID DINGWALL
National Health & Welfare
10th Fl, Jeanne Mance Building
Tunney's Pasture
Ottawa, Ontario K1A 0L3
Phone (613) 957-0200
Fax (613) 9572-1154
WINTER 1996
HEALTH: (Continued from page 1)
POLITICALLY
The Federal Government is forcing big changes
regarding your rights. They are telling Indian people that we
will have the power to run our own affairs, decide our own
future, and our aboriginal rights and treaties will be protected
under the Canadian Constitution if we agree to their self
government proposal. The truth is, they will only transfer
administrative responsibility and reduce their fiduciary
obligation to us. They are working to have provinces take over
health care services for Indian people.
This will place hardships on our people who are already
having financial difficulties. Many of our people will be
Jorced to pay health insurance premiums as an example. If
payments can’t be met, families will not get health care
because doctors, dentists, optometrists, clinics, or hospitals
will not accept them without financial guarantees.
NON-INSURED HEALTH BENEFITS LEVELS;
In 1994 -1995 fiscal year, Medical Services Branch
reviewed all the Indian health programs and services. They
looked at how programs were benefitting the health of your
communities and decided that hospital services was a low
priority of health care services because it is an insured service
available through the provincial health care system.
They proposed to cut off your coverage for
physiotherapy, psychotherapy, podiatry, chiropractic and other
services. The think they can phase in the elimination of Mental
Health fee-for- service charges and decrease your Eye Glass
service in adults from 2 to 3 years (except where medically
necessary). They plan to remove your over-the-counter drugs
services and to eliminate orthodontics.
For years, transportation services for patients has been a
problem between Indian Bands and Medical Services. It has
always been a bare-bones operation and yet they propose to
change the rules by limiting funds for this service.
While the levels of Non-Insured Benefits is of concern to
Indian Bands and Tribal Councils which handle their own
health programs, every status Indian person will be affected
by cut off to services mentioned above. Tribal Councils who
run their own hospitals will be caught with no funds and
many of our people will be denied access to hospital care.
NON-INSURED HEALTH BENEFICIARIES;
Medical Services Branch is planning to cut-off N.I.H.B.
to the off-reserve status Indians on April 1, 1996, They say you
will become the responsibility of the provinces. M.S.B. report
that costs for this service has increased due to population
growth. This increase occurred because thousands of Indian
people were reinstated under the Indian Act due to Bill C-31.
In 1985 the Department of Indian Affairs under-estimated the
number of aboriginal people seeking redress from
enfranchisement which created a problem of finding triple the
funding every Indian Band needed for housing, education, child
care, social welfare and health services.
UBCIC NEWS
The Federal Government has legal, political and moral
responsibilities to you no matter where you live. It is a fact
that because you live off-reserve for different reasons, you
already lose many of your rights. If you keep silent on
Medical Services goals to trim their budget by terminating
medical services to you and your family, they will succeed
in terminating your inherent jurisdiction. Chiefs and
Councils, Tribal and Native Leaders must actively fight for
our political rights on this issue.
NON-INSURED HEALTH BENEFITS TO STATUS
INDIANS ON-RESERVE AND WHO ARE ON SOCIAL
ASSISTANCE:
The Department of Indian Affairs has a Social
Assistance program. It has never been known to inject quality
of care and services and its ratio of funding always
outnumbered the cost of economic development and self-
sufficiency in Indian communities. And yet, Medical Services
Branch want us to believe that if they provide Non-Insured
Health Benefits to on-reserve social assistance recipients, they
would save money by combining cost of this service with the
Social Assistance program of the D.I.A. This is very restrictive.
Again, Medical Services is using the population equation to off-
load your rights to the provinces. Indian Affairs created the
problem from enfranchisement but expect us to solve our own
problems with no money, less staff, and in less time.
For Medical Services to strictly limit the NIHB to only
Indian people on Social Assistance and only living on
reserve is divisive. It is a termination of policy which is
against your constitutional and human rights. The
Government is dictating that you must be on Social
Assistance in order to receive NIHB. The government is not
giving your leaders the kind of time needed to address this
vital issue comprehensively.
The Aboriginal Right to health is a right to health care. It is
derived from our Nations’ inherent sovereignty and unextinguished
Aboriginal Title. It reflects our peoples’ philosophy and ideology.
It is an inseparable and inalienable aspect of our peoples’ unbroken
connection to Mother Earth and our unextinguished ownership of
our traditional territories and resources.
The right to health encompasses our peoples’ nght to
physical, spiritual, mental and social well-being. It is our right, not
merely to survive, but to thrive — as individuals, communities and
nations. It is our right in international law to achieve the highest
attainable standards in all health areas.
Aboriginal rights are seen as a Sacred Trust between the
citizens of Indian Nations. Our Leaders recognize our citizenship
whether we live on or off reserve, within Canada or outside
Canada. Our Aboriginal rights are entrusted to us to uphold and
protect for the mutual benefit of all our peoples, and for those yet
unborn.
UNION OF B.C. INDIAN CHIEFS
POSITION @-
THE ABORIGINAL RIGHT TO HEALTH
WINTER 1996
UBCIC NEWS
PRESS RELEASE
Canadian Federation of Students
DAY EIGHT OF THE HUNGER STRIKE
Friday February 23. 1996
OTTAWA - Aboriginal students in British Columbia are entering their eighth day of the hunger strike and the
Minister of Indian and Northern Affairs has not yet responded.
The students, who have set up tents in the University of Victoria Student Union Building, await a response from
the federal government regarding the budget, Penny Katzel, Aboriginal Student Liaison for the British
Columbia component of the Canadian Federation of Students stated that, “‘We want to be assured that the
federal budget will include an increase in aboriginal students support to compensate for the tuition increases that
are a result of the implementation of the Canada Health and Social Transfer.”’
The students are protesting inadequate funding for this federal government’s Aboriginal Post Secondary Student
Support Program. This program is supposed to fund aboriginal students post-secondary education expenses,
including tuition, text books, and living costs; however, this program is not currently providing adequate funds
for the number of students applying to access this program, nor does it accurately reflect the actual cost of
living. This program was implemented in 1989 and has not been up-dated since.
**I am concerned that there hasn’t been response from the government on this issue. There is a
growing concern for the health of these students who have been without food for over a week’’ expresses Renee
Shilling, Aboriginal Students Representative for the Canadian Federation of Students. ‘‘Education is an
inherent Aboriginal and Treaty Right and these students have very legitimate concerns about the commitment of
the federal government. Aboriginal education is already severely under-funded and we are concerned that the
tuition increases will put further pressure on the administering organization which already have long waiting
lists. This has become much more than an access issue, especially when the federal government is
creating it’s own barriers with their cuts to social programs.
There is growing support for the students from organizations such as the Assembly of First Nations and the
Union of B.C. Indian Chiefs. There will be an organizing meeting in Vancouver on Tuesday to plan a protest at
the Regional Office of the Department of Indian and Northern Development. ‘“We are prepared to do whatever
it takes to make sure that our RIGHTS are upheld. We don’t want to see tactics and policies like the 1969
White Paper’’ claims Dan Daigle, Aboriginal Students Commissioner for the King Edward Student Association
and organizer of the Vancouver protest.
*“The Hunger Strike is a result of the federal government continuing to renege on it’s constitutional
responsibility to provide education for First Nations People,’’ added Katzel. “‘We will continue until we receive
word from the Minister of Indian Affairs, Ron Irwin, that there will be a substantial increase in funding for
aboriginal post-secondary students in the coming budget.”’
For more information, contact:
Penny Katzel - phone (604) 920-8728 message (604) 721-7884
Dan Daigle - phone (604) 871-7146 fax (604) 872-4875
The Canadian Federation of Students, Canada’s national organization, was formed in 1981 and represents more
than 40,000 students at colleges and post-secondary institutions across the country.
EDUCATION IS A RIGHT, NOT A PRIVILEDGE!
4 WINTER 1996
UBCIC NEWS
Union of B.C. Indian Chiefs In Support of Hunger Strike
VANCOUVER, B.C. -- February 28, 1996. The Union of B.C.
Indian Chiefs have been in contact with the students who are
completing their 13th day of a Hunger Strike to protest the
cutbacks to education. There has been no response or inquiry
from the federal or provincial governments as to their condition
or requests they might have. Ron Irwin, Minister of Indian and
Northern Affairs has ignored numerous faxes, phone calls and
letters from B.C. and across Canada with regards to Education
cutbacks. Out of the five students who continue on the Hunger
Strike, three are non-First Nations students.
In 1987, the federal government imposed a cap on assistance
funding, thereby limiting the number of native students who can
pursue post-secondary education and leaving the difficult
decision as to who will receive support. This cap in funding
comes at a time when the demands of native peoples for post-
secondary education is rising. On Wednesday March 6, 1996,
the Federal Budget is expected to be released which will
confirm funding levels. Chief Saul Terry explains, ‘“This is not
only a First Nations fight for education, this is going to effect
everyone across Canada. Every person has the right to equal
treatment without being discriminated against because of race,
national or ethnic origin, religion, political belief or socio-
economic background. We have to stand united, for too long
there has been barriers for the same objectives.’’
Support these hunger strikers, and all students by phoning or
faxing your Minister of Parliament, the Minister of Skills
Training & Labour fax: (604) 387-3200, Minister of Aboriginal
Affairs, fax: (604) 356-1124, Minister of Health, fax (604) 387-
3696 or the Canadian Federation of Students, fax (604) 733-
1880
-30-
Contact: Jennie Blankinship or Millie Poplar (604) 684-0231
UBCIC NEWSLETTER DEADLINE @
The deadline for the next Newsletter has been set for March 29,
1996. If you have any information that you would like to see in
the next edition of the UBCIC NEWSLETTER, send by mail
mail or fax to:
UBCIC NEWSLETTER
Sth Floor - 342 Water Street
Vancouver, B.C. V6B 1B6
Phone: (604) 684-0231
Fax: (604) 684-5726
Students Demonstrate at Vancouver Hotel on
Education Funding Crises
March 1, 1996 - Vancouver, B.C. -- Education is an aboriginal and
treaty right of Indian Peoples. This means that full federal funding
is due for all our citizens as long as they meet the entrance
requirements as may be established by our Bands and the receiving
institution. For much too long, the federal government has denied
our rights. This non-recognition must cease.
In 1989, Indian students went on a national hunger strike over the
capping of education funds. Since that year the waiting list has
become greater. A recent study by the Canadian Federation of
Students indicates that the real need of status Indian students in
British Columbia for this year alone falls short by 4.7 million
dollars.
Once again we have a student hunger strike. This time it also
involves members of the Canadian Federation of Students. Their
hunger strike is now well into its third week. Going without food
is a very Serious action.
For this reason, other students have pledged their support and are
demonstrating today at the Vancouver Hotel. This is to remind
federal politicians of their obligations for ““Indians and lands
reserved for Indians,”’ especially their obligation to fund education
opportunities for all our peoples.
The handful of students at the University of Victoria have sounded
the alarm through their hunger strike -- this alarm is being
amplified by the demonstration at the Vancouver Hotel.
The issue today is that the right of education of Indian Peoples is
being threatened with termination by the federal government and
the right to education of Canadians generally is being seriously
compromised as well.
The Union of B.C. Indian Chiefs will continue to support the
struggle of our Peoples to have our constitutional night of education
recognized and respected by the Government of Canada.
Put your pens to hand, pick up your placards and put on your
marching shoes -- the rights of our Peoples are at stake.
-30-
Contact: Chief Saul Terry
President, UBCIC
(604) 684-0231
WINTER 1996
UBCIC NEWS
Education Update
Chiefs, Council and Education Coordinators expressed
their concerns on education cutbacks to John Watson and John
Ellis on FEBRUARY 14, 1996 at the Department of Indian
Affairs, Vancouver. Again, Watson and Ellis claimed that
there are no cutbacks in Indian Education! ‘‘Reviewing the
Nominal Roll Watson stated, will reflect increases. We are
accountable to the Attorney General and the Audit General. We
have to prove that the moneys are being spent on education,’’
The response to this comments was, ““It towards the First
nations people that the government should be accountable to,
they have a fiduciary responsibility to provide education to all of
us. There is evidence that there is insufficient funding give to
our band schools, administration, travel, tuition, living
allowances and health.”’
Many bands have selected to undergo the Nominal Roll
Reviews. They feel this is another tactic to police band operated
and Independent schools. Nominal rolls have to be submitted
annually to the government for funding of each school, whether
it be band operated, independent or public schools. Why then,
are they (government) forcing another Nominal Roll Review on
band operated schools? The government obviously has a hidden
agenda?
A rally took place across Canada, February 7, 1996, in
protest to Education and Health cutbacks and tuition increases.
In Vancouver, approximately 500 First Nations people rallied in
protest. Placards expressed the aggravation and discontentment
towards the government’s plan to cutback. Students from the
Native Education Centre, Langara College, Institute of
Indigenous Government, Simon Fraser University, UBC and
Vancouver Community Colleges attended along with various
native organizations which led the precession down Main Street
past the Vancouver Public Library then onto the Vancouver Art
Gallery. Approximately 5000 students and supporters joined in
protest. The hand drums and singers were placed at the front
lines,
Victoria B.C: Aboriginal students are on a Hunger
Strike at the University of Victoria, in protest of Education
cutbacks. The strike started February 16, 1996 and will proceed
until they hear from Ron Irwin at the Department of Indian
Affairs in Ottawa. A representative, Penny Katzel, stated that
“*Mr. Irwin’s lack of concern for us is no less appalling than his
government’s decision to starve the post-secondary education
system of funds. Mr, Irwin and his Liberal government bear
full responsibility for our health.”’
Allowances: For years the living allowances for first nations
students have been capped to a level below the standard of
living. The last update to the Federal Government Allowances -
Living Costs was in 1989,
The government determines how much it will spend on
aboriginal education, then divides it up amongst eligible bands.
The number of students from each band is not factored in nor is
the actual cost per student. Bands are faced with choosing
students and funding them at different levels. Potential students
are turned away or they are underfunded to allow more spaces.
First Nations people have a fundamental right to
education, whether it be pre-school, K-12, ABE, Special Needs,
technical or post-secondary. The government has a fiduciary
responsibility to provide education. We have a right to demand
higher funding and for the unpaid educational costs for the
number of student currently enrolled as well as the expected
increase in tuition fee levels for 1996/1997, which is an
additional $8.3 million for B.C.
LIVING ALLOWANCE FOR FIRST NATION STUDENTS
STUDENTS MONTHLY ALLOWANCE 8 MONTHS
Single living with employed parent $290 $2,320
Single, independent $675 $5,400
Married with working spouse $675 $5,400
* with 1 dependent $850 $6,800
* with 2 dependants $1,030 $8,240
* with 3 added dependants $1,205 $9,640
Married with dependent spouse $895 37,160
* with one added dependent $1,045 $8,360
* with two added dependants $1,205 $9,640
* with three added dependants $1,355 $10,840
Single Parent
* with one dependent $1,045 $8,360
* with two dependants $1,205 $9,640
* with three dependent $1,355 $10,340
* Source: Aboriginal Post-Secondary Education: Making a Case for More Funding
Canadian Federation of Students, University of Victoria Native Student Union, December 1995.
WINTER 1996
UBCIC NEWS
Legal Update -
Regina vs Jack, John & John; Regina v. Sampson & Elliot; and Regina vy. Little
Fishing Cases
Memorandum
Date: January 3, 1996
From: Brenda Gaertner and Louise Mandell
Re: Case Comment on Regina v. Jack, John & John, Regina v.
Sampson and Elliot, and Regina vy. Little
Analysis
These three unanimous decisions of the 2CCA clearly
establish that:
1, DFO’s reliance on conservation concerns in order to close the
terminal aboriginal fisheries of weak stocks, while zJowing those
stocks to be fished by the commercial or sports fisterman while
they are intermingled with other stocks does rot meet the
constitutional priority for the aboriginal fishery confirmed by
Overview
The decisions of the
B.C. Court of Appeal
(‘““BCCA’’) in these three
fishing appeals were released
on December 20th, 1995. In
each decision the Court ruled
unanimously in favour of the
aboriginal/treaty right
asserted. Each case challenged
DFO’s method of managing
mixed stock fisheries, in
particular DFO’s habit of
closing for conservation
purposes the terminal
aboriginal fishery, while
allowing the commercial and/
or sports fishery access to those
UNION OF B.C. INDIAN CHIEFS
Attention: Chief Saul Terry
Re: Fishing Cases: Regina y. Jack, John & John; Regina y. Sampson &
Elliott; and Regina y. Little
We are pleased to report to you regarding three decisions of the B.C. Court of
Appeal in fishing appeals which we were released on December 20, 1995. The
Court ruled unanimously in favour of the aboriginal and treaty nghts which were
in issue. These cases involve the mixed stock fishery. DFO’s practice has been
to allow commercial and/or sports fishery to access to the weak stocks while they
co-mingle with other stocks. When the weak stocks return to their rivers to spawn,
closures on fishing are then imposed by DFO for conservation purposes. This
practice has resulted in the ‘‘inadvertent’’ destruction of genetically distinct
stocks as sell as charges laid against Indian fishermen who fish from the rivers.
The B.C. Court of Appeal held that the Crown cannot justify the closure under
Sparrow. While this
priority mevnotmean that
DFO has 2 close down
completely the
interceptica fisheries,
DFO does have the
obligation t implement
a system wich conforms
to the priorzy established
by Sparrow.
2. The Corn will analyze
how that prority has been
met on a ra basis. It is
not sufficient for the
Crown to reyupon claims
that DFO 1as generally
met the food fish
requirements of the
same weak stocks while they ‘ pinal
are commingled/mixed with those circumstances and found the Indian fishermen ‘‘not guilty”’ a oe meat
other stocks. Because of the importance of these decisions to your people, we have . -. &
in. ; . . consultatic: imposed on
The BCCA decisions provided a summary of the cases for your information. We would be pleased to DFO by Spzrow includes
provide an analysis of the | answer any questions which may arise. .
ce : : : a duty on DFO to ensure
justification test established in that the abcriginal group
Sparrow. TheCourtconfirmed | Yours very tuly, ; ; ;
; is provided with full
that there is a heavy burden : :
al, . information on the
placed on the Crown to justify | Mandell Pinder ete: ;
infringements to aboriginal/ Louise Mandell, Barrister & Solicitor i
1 § , its effect nct only on the
treaty fishing rights, that the
closure of terminal fisheries while allowing commercial or sports
fisheries access to those runs fail to meet the priority of the
aboriginal/treaty fishing right confirmed by Sparrow.
The Court also concluded that consultation requirements
established in Sparrow must include disclosure of all conservation
measures which are to be implemented and to advise regarding the
effect such proposed measures will have on the First Nations
concerned. DFO has a duty to fully inform itself of the fishing
practices of the First Nation and their views of the conservation
measures. These consultation duties of DFO must occur before the
proposed conservation measures are implemented.
aboriginal group but also on other user proups.
4, Consultation includes a positive duty on DFO t fully inform
itself of the fishing practises of the aboriginal group aad their views
of the conservation measures.
These conclusions should greatly assist Ge efforts of
aboriginal people in negotiations regarding fishing rians that will
ensure that on a run by run basis sufficient returns i the river are
made not only to meet the necessary escapement bit also to meet
the fishing requirements of the aboriginal peope It is not
sufficient for DFO to simply substiute either access te-cther fishing
runs or other fish.
WINTERTVIG
UBCIC NEWS
SACRED ASSEMBLY
Reconciliation Proclamation
We, the delegates to Sacred Assembly "95, gathered together in Hull, Quebec on December 6-9, 1995, having come from
the four corners of this land ~ East, West, North, and South — and having brought with us diverse spiritual backgrounds
and having listened to and prayed with Elders, spiritual leaders and with each other, are now able to assert the following:
We share, as part of our common spiritual foundation, the belief that:
the Creator God reigns supreme over all things:
the land on which we live was created for the benefit of all:
as the original inhabitants of this land, Aboriginal peoples have a special right and responsibility to ensure
the continuing integrity of the land and the unity and well-being of its inhabitants: and
non-Aboriginal Canadians also share in these responsibilities.
We, share the recognition
that reconciliation between Aboriginal and non-Aboriginal Canadians must be rooted in a spiritual
understanding of land as a gift from the Creator God:
the sins of injustice which have historically divided Aboriginal and non-Aboriginal peoples remain active
in our society today:
concrete actions must be taken by Aboriginal and non-Aboriginal peoples alike to overcome
these injustices and to bind up the wounds of those who have suffered:
We share an understanding
that the starting point for healing and reconciliation lies in personal communion with the Creator God:
while change must take place at all levels of society, it must be rooted most firmly in the communities:
and
relations based on justice will require respect for past treaties, a fair settlement of land rights disputes, the
implementation of the inherent right of self-government and the creation of economic development
opportunities and other institutions to support it.
We have a commitment
As individuals:
to seek the personal guidance and counsel of Eiders and spiritual leaders in order to walk more closely
with the Creator God:
to return to our communities and develop ways to continue the process of healing and reconciliation that
has begun at Sacred Assembly ’95:
to continue to explore with each other our sacred foundations, in order to bring about spiritual
reconciliation, Aboriginal justice and the fulfillment of political responsibilities in this country:
to continue to respect the difference in our spiritual journeys, even as we seek to discover the common
Spiritual link between us.
As churches and faith communities:
to continue the process of healing and reconciliation with Aboriginal peoples, by providing the forums
and supports needed to heal the wounds created in the past:
to become stronger advocates for justice and reconciliation in current and future public affairs, and to hold
our governments accountable for their implementation of just policies:
to recommit ourselves to a program of education and action on issues relation to land rights,
self-government, economic development and racism.
As First Nations and Aboriginal communities and organizations:
to work towards healing and reconciliation within our own communities:
to accept the challenge issued by our Youth to create an environment in our communities that encourages
a healthy view of oneself and respect for others, and which also addresses community conflicts that
prevent Youth from finding their path.
5 WINTER 1996
RESOURCE CENTRE NEWS
First Nation Women - Bibliography
Our apologies for promising a bibliography of books and
videos about First Nation women in the last issue of the Newsletter
and then not including it. The bibliography which was supposed
to have been inserted in the Newsletter before it was mailed out was
not included. It is in this issue. Ifyou have any questions about the
books or videos in the bibliography, please call or fax us.
Where to Get Native Books & Videos
Staff in the band school, tribal council, and cultural centre
libraries often wonder where to acquire books and videos for their
collections. The following is a list of book and video vendors who
deal exclusively with Canadian and American native materials.
Getting on their mailing list for catalogues and new publication
announcements can make it easier to keep up on what is being
published and can make it easier to order. In addition, library staff
should try to scan newspapers (native and non-native) for mention
of reports and other new materials not available from standard
publishing companies. You can also ask particular government
departments and provincial ministries to put your organization on
their mailing list for reports etc. released to the public. It is best to
contact the Communications branch within departments or
ministries as they usually handle the public dissemination of
information.
Call or fax these vendors and ask to receive their catalogues
which include books, cassettes, videos and CDs:
Mohawk Nation Book and Magazine Store
P.O. Box 645
Mohawk Territory
Kahnawake, Quebec JOL IBO
Phone: (514)638-4016 Fax: (514)638-5639
Specializing in native literature of all types on all topics
The Native Book List
#96125 11th Street S.E.
Calgary, Alberta T2H 2L6
Phone: 1-800-360-8826 (toll free)
Extensive list of discounted books, cassettes, CDs, and videos by
and about First Nations,
Inuit, and Metis people
The Native Book Centre
150 York Hill Blvd.
Thornhill, Ontario L4J 2P6
Phone: (905)881-7804 Fax: (905)881-7808
Books with an authentic perspective on the aboriginal peoples of
Canada and the United States
Northwest Coast Book & Art Company
Box 436, 720 Highway 33
Queen Charlotte City, B.C. VOT 180
Phone: (604)559-4681 Fax: (604)559-8643
By and about Indians of the Northwest Coast. Extensive lists of
new, out-of-print, and rare books.
UBCIC NEWS
Sharing Strength Within a Talking
Circle
The traditional ‘‘Talking Circle’’ is a very old way of
bringing Native People, of all ages, together in a quite,
respectful manner for the purposes of teaching, listening, learning,
and sharing, When approached in the proper way, the circle can
be a very powerful means of touching or bringing some degree of
healing to the mind, heart, the body or the spirit.
Within this Sacred Circle we are encouraged to speak not
only from the mind, but from the heart, we are free to share our
innermost feelings if we choose. Regardless of whether one brings
traditional teaching or a personal problem to the circle, all persons
are valued, respected and listened to. There is an Indian belief of:
right time / right place / nght people / hearing right things and we
rely on that belief within the circle.
The traditional ‘‘Talking Circle’’ is a very old way of
bringing Native People, of all ages, together in a quiet,
respectful manner for the purposes of teaching, listening, learning,
and sharing. When approached in the proper way, the circle can
be a very powerful means of touching or bringing some degree of
healing to the mind, the heart, the body or the spirit. One could
call it a very effective form of Native group-therapy.
The circle leader, teacher or facilitator begms by passing
around sweet grass, cedar, or sage, so that the participants may
“*smudge’’ themselves. We have been taught by our ancestors that
these Sacred Herbs have a purifying effect upon our total being.
As the smoke from the herbs surround us, we are better able to
connect on many levels with the others, within the circle, within
ourselves and with that we are about to experience.
The group leader (or a volunteer) will then open the circle
with a prayer. The circle is now in the hands of the Great Spirit,
Grandfather, God, or whatever one chooses to call that higher
power. The leader might next have the people shake hands to
acknowledge each other. It is a good thing to do, especially if this
is anew circle of people.
The group leader then begins to ‘*Talk to the People’’
without interruption, talking to no one person, but to all who are
present. All are expected to listen respectfully until the speaker is
finished. All who sit within the circle will have an opportunity to
express themselves if they choose or they may simply listen, but all
who speak will be given the same respect. They will be listened
to.
The group leader and most likely others within the circle,
may bring eagle feathers or stones or other sacred objects which
are passed and shared. We believe these sacred things to be
helpers in furthering our connections to spirits and to our higher
selves, they help us listen, they aid in our learning.
When all have spoken, anyone may request that this be a
“*closed circle’’, that all that has been said and the identities of the
participants shall be confidential. If no one requests a closed
circle, all may freely share what they have learned.
The circle is closed with a prayer. So in this old way we
have come together again to teach, to learn, to touch each other’s
spirit, that we may find strength to live in these two worlds, that
our people may live.
Elder Glen Douglas
WINTER 1996
UBCIC NEWS
Environmental Groups take Lubicon Boycott Issue to the
A coalition of environmental
groups from Canada and the United
States have vowed to carry on the
struggle of the Daishowa boycott on an
international level.
A recent decision by the Ontario
Divisional Court has ruled that the
Friends of the Lubicon boycott against
Daishowa is illegal. The court has
granted Daishowa Inc. an interlocutory
injunction, forcing a temporary halt to
the boycott until Daishowa’s case
seeking a permanent injunction can be
heard.
The Friends of the Lubicon began
a consumer boycott in 1991] in order to
help the Lubicon Cree people prevent
clear-cutting on their lands. A Forest
Management Agreement (FMA)
completely blanketing all 10,000 square
kilometers of Lubicon territory is held by
Daishawa Marubeni International’s
subsidiary of the Japanese-owned
Daishowa multi-national logging
company.
“*Consumers have a right to know
that the products they are purchasing are
coming from clear-cut logging and forest
destruction,’’ stated Colleen McCrory,
Chairperson of the Valhalla Wilderness
Society. “‘Clear-cut logging and
International Community
roadbuilding will cause widespread
destruction to Lubicon lands.
Daishowa’s new 1,000 metric ton/day
pulp mill will need vast forested areas of
the Lubicon’s traditional territory which
will clear-cut 11,000 trees each day or
approximately 4 million trees each
year.”’
The Lubicon people have already
been suffering severe hardship as a result
of the environmental damage inflicted
upon their lands by the oil and gas
industry.
Daishowa Director of Corporate
Development, Tom Cochrane was quoted
in the Toronto Varsity News on February
8th, 1996 as saying “‘the Friends of the
Lubicon think the livelihood of a
hundred families is worth sacrificing for
giving some Indians some land nghts.’’
“‘We are shocked by this blatantly
racist remark by a Daishowa
representative,’ said Grey Jones,
Executive Director of Western
Wilderness Committee in Edmonton,
**This kind of racist speech does not
belong in Canada.”’
The Ontario Divisional Court
ruling must be appealed in the highest
court in Canada as it jeopardized the
very foundation of the Canadian people’s
February 23, 1996
basic democratic rights,’’ said McCrory.
“Environmental groups in
Canada and the United States will take
this issue to the International community
in support of the Lubicon people and the
boycott of Daishowa. We will be asking
groups in the United States to help the
Lubicon. There is already a well
organized boycott of Mitsubishi across
the U.S.,”’ stated Chris Genovali, of the
U.S. Pacific Environment & Resources
Center.
Genovali said, ‘“PERC is
interested in protecting the boreal forest
worldwide. We thought Canada was a
very democratic country, but after seeing
first hand the hardship of the Lubicon
and then hearing of this court ruling, we
are very concerned. We wil! be watching
this issue very closely.’’
Contact:
Colleeen McCrory / Vahalla Wilderness
Society (604) 358-2333
Grey Jones / Western Canada Wilderness
Society Committee (403) 433-5323
Chris Genovali / Public Environmental
Resource Centre, (604) 388-9292
Penticton Indian Band - Press Statement
Sunday, January 28, 1996
The Penticton Indian Band rejects Minister of Indian Affairs, Ron Irwin’s recent statement that the Native unrest of 1995 and any
potential future Native unrest shall be linked to the lack of progress of the B.C. Treaty Commission. We find Irwin’s statement to
be totally ludicrous and completely without foundation.
The Adam’s Lake Band, the Upper Nicola Band, the Penticton Indian Band and the people who were involved in
the Gustafsen Lake standoff are unanimous in their opposition to the B.C. Treaty Commission process. Further, it
should be noted that approximately 80 Native communities throughout the province do not support the B.C. Treaty process.
Any suggestion that these communities would become engaged in a Native uprising’’ in the event that the B.C. Treaty Commission
doesn’t ‘fast track’ the settlement process is totally ridiculous.
If Minister Irwin’s recent statement reflects his comprehension of these critical matters, he should be immediately terminated!!
Contact: Stewart Phillip (604) 493-3924
(604) 493-0048
10
WINTER 1996
UBCIC NEWS
Lightkeepers Applaud Provincial Move
To Keep Lightstations Staffed
January 9, 1996
Vancouver -- B.C.’s lightkeepers are applauding the efforts of
Minister Glen Clark as he announced today the provincial
government’s intention to meet with the federal government in
order to discuss alternative solutions to the destaffing of any of
B.C.’s 35 staffed lightstations.
**My discussions with the Premier and Minister Clark
regarding a provincial ‘‘takeover’’ of west coast lightstations
began almost a year ago,’’ said Jim Abram, president of PSAC
local 20232 representing B.C. lightkeepers. ““These talks have
resulted in a letter to federal fisheries minister Brian Tobin
from Minister Clark expressing an intent to negotiate a
provincial solution to this 10 year old problem.”’
The public and affected user groups including organized
labour, local governments, First Nations communities and
federal and provincial politicians, have participated in
numerous consultations and lobbied extensively to convince the
federal government of the necessity of a staffed presence on the
lightstations in order to continue delivering essential safety
services. These services will be lost if destaffing occurs.
While Minister Tobin did re-investigate the issue when
he took over Canadian Coast Guard in the spring of 1994, he
later announced plans to proceed with destaffing, beginning
with eight in B.C. this year. Since receipt of Minister Clark’s
letter, staff in Tobin’s office and Commissioner John Thomas,
Coast Guard’s senior bureaucrat, have confirmed their desire to
discuss alternative solutions with the provincial government so
that the lightstations will remain staffed.
“It is imperative that the one condition stated by
Minister Clark in his December 21, 1995 letter to Minister
Tobin be put into effect immediately, that is, the provincial
government’s expectations that all destaffing implementation
plans be stopped until agreement is reached,’’ emphasized
Abram. ‘“‘It would be irresponsible of Coast Guard to spend
money unnecessarily to implement a plan that could be
extinguished with the signing of a provincial/federal
agreement.”’
“*Through all the help we have received from Minister
Clark, Minister Gabelmann, Premier Harcourt and their staffs,
we are finally working effectively and cooperatively on a
permanent solution to the service delivery needs of our marine
and aviation clients,’’ Abram concluded. ‘‘This is an incredible
breakthrough brought out by ongoing efforts of user groups,
lightkeepers, the provincial government and others. I look
forward to continuing the work with the province and the
federal government to establish a successful and lasting
conclusion.”’
-30-
Contact:
Jim Abram, Cape Mudge Lightstation
Cell: (604) 830-8005
Phone: (604) 687-1128
ON THE MOVE...
CHIEFS MASK BOOKSTORE
has relocated to:
5th Floor -342 Water Street
Vancouver, B.C.
V6B 1B6
Phone (604) 684-0231
Fax (604) 684-5726
Now serving the Institute of Indigenous Government as a
Campus Bookstore
THE VANCOUVER ABORIGINAL JUSTICE
CENTRE SOCIETY
has relocated to:
191 Alexander Street (at Main Street)
Vancouver, B.C.
Phone (604) 684-2121
Fax (604) 684-2177
KEKINOW NATIVE HOUSING SOCIETY
has relocated to:
#1014-7445 132nd Street
Surrey, B.C.
LOGO CONTEST
INSTITUTE OF INDIGENOUS GOVERNMENT
There 1s an open competition for which young Indigenous
persons are especially invited to enter. The logo should
appropriately represent the Institute's status, goals and
functions. Entries will be judged by a panel appointed by
the Board of Governenors and will be announced in late
May, An honorarium of $1500 will be awarded to the
first place entry. In the event the contest winner is under
the age of 19, the above said honorarium shall be put into
an interest bearing trust account until he/she reaches the
age of majority. Completed entries must be received at
the ITG's Vancovuer Campus no later than April 30,
1996.
For detailed information contact Laurie Sterritt:
Institute of Indigenous Government
3rd Floor - 342 Water Street
Vancouver, B.C. V6B 1B6
Tel: (604) 602-9555 Fax: (604) 602-3400
WINTER 1996
11
UBCIC NEWS
UNION OF B.C. INDIAN CHIEFS
;
TION FORM
NAME:
FOR. OFFICE USE ONLY
ADDRESS: DATE RECEIVED:
CHEQ/M.0O. #
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 $
Please make cheque or money order payable to: UNION OF B.C. INDIAN CHIEFS, 5TH FLOOR - 342
WATER STREET, VANCOUVER, B.C., V6B 1A]
a
CHIEFS MASK BOOKSTORE
BOOKS ARTS & CRAFTS
- FIRST NATIONS G "A Lb LER i] - JEWELLY (GOLD AND
SILVER)
- ABORIGINAL ISSUES
- POTTERY
- INTERNATIONAL INDIGENOUS
- PRINTS
- LAND CLAIMS
- T-SHIRTS
- LAW
- LEATHERWORK
- ART
- MASKS
- CHILDREN'S BOOKS
- BEADWORK
- TEACHING AIDS
- TRADITIONAL MUSIC
- POETRY
CALL, WRITE OR - AND MUCH MORE!
Owned and operated by the Union of B.C. Indian Chiefs - Sth Floor 342 Water Street in Gastown (604) 684-0231
&
DROP IN TODAY!
CONSIGNMENT ITEMS ACCEPTED
12
WINTER 1996
new titles new titles new titles new titles new titles
AVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVYV
Indigenous Women:
A Select Bibliography of New Titles in the Resource Centre
Union of B. C. Indian Chiefs / IIG Resource Centre
AVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAY
Aboriginal women in Canada [videorecording] / produced by Ironstar Communications.
—~ Oakville, Ontario : Magic Lantern Communications [distributor], 1991.
The Colour of resistance : a contemporary collection of writing by Aboriginal
women / anthologised by Connie Fife. — Toronto : Sister Vision Press, 1993.
ISBN 0-920813-62-3 (paperbacks)
Doctor, lawyer, Indian chief [videorecording] / Carol Geddes, director ; Barbara Janes,
producer. -- Montreal : National Film Board of Canada, 1986.
Enough is enough : Aboriginal women speak out / as told to Janet Silman. — Toronto:
Women’s Press, 1987. ISBN 0-88961-119-X (paperback)
From a Native daughter : colonialism and sovereignty in Hawai’i / Haunani-Kay
Trask. - Monroe, Maine : Common Courage Press, 1993. ISBN 1-56751-009-4 (hardcover)
-~- ISBN 1-56751-008-6 (paperback)
Keepers of the fire [videorecording] / Christine Welsh, director ; Ian herring and Christine
Welsh, producer ; Signe Johansson and Joe MacDonald, NFB producers. -- Montreal :
National Film board of Canada, 1994.
Messengers of the wind : Native women tell their stories / edited by Jane Katz. - New
York: Ballantine Books ; Toronto : Random House of Canada, 1995. ISBN 0-345-39060-1
(hardcover)
The Ways of my grandmothers / Beverly Hungry Wolf. -- New York : William Morrow
and Company, 1980. ISBN 0-688-03665-1 (hardcover)
Women of the Native struggle : portraits and testimony of Native American
women / edited and photographed by Ronnie Farley ; with an introduction by Anna
Lee Walters. - New York : Orion Books, 1993. ISBN 0-517-88113-6 (paperback)
Writing the circle : Native Women of Western Canada / compiled and edited by
Jeanne Perreault and Sylvia Vance ; with a preface by Emman LaRoque. — Edmonton,
Alberta : Newest Publishers, 1993. ISBN 0-920897-88-6 (paperback)
-
Union ofB. C. Indian Chiefs
NEWSLETTER
WINTER 1996 EDITION
WARNING: As ofApril 1,1996 Medical Services Branch Will Termina
Your Health Rights.
BE ALERT TO DEVOLUTION DANGERS
The
Federal Government has legal, political and moral responsibilities to you no matter where you live. It is a fact that
because you live off-reserve for different reasons, you already lose many of your rights. If you keep silent on Medical
Services goals to trim their budget by terminating medical services to you and your family, they will succeed in terminating
your inherent jurisdiction. Chiefs and Councils, Tribal and Native Leaders must actively fight for our political rights on this issue.
Every Status Indian person, whether treaty or non-treaty, on-reserve or off-reserve is
entitled to Non-Insured Health Benefits. Your Right entitles you to:
INSIDE THIS ISSUE...
2. Message from the President
Medical Insurance Premiums: This covers your provincial health care insurance
plan premiums. It may cover your medical insurance premiums if you are working or
studying outside of Canada. Medical Services Branch pays for your premiums.
3. Health
4. Education
Other Health Care: This includes mental health (psychological) services but also
physiotherapy, chiropractic, podiatry and speech therapy, and doctors visits.
5. UBCIC Press Releases
6. Education Continued
Drugs: This covers prescriptions and over-the-counter drugs, medical supplies and
medical equipment.
7. Legal Update
- Fishing Cases
Dental Care: This covers dental treatment. The NIHB program keeps a list of dental
services they are willing to provide.
8. Sacred Assembly
- Reconciliation Proclamation
9. Resource Centre Update
10. Lubicon
11. Lightkeepers Update
Vision Care: This covers new and replacement eye glasses and frames, fees for
optometrists' services, medically necessary new and replacement contact lenses and
repairs to eyeglass frames.
Medical Transportation: Covers travel costs by land or air, including meals and
accommodations while i n transit, any legally or medically required escort to and from
the nearest health care facility to obtain required medical services when such services
are not available at the patient's home community. This service is mainly for onreserve Indian people.
The Department of National Health and Welfare (N.H.W.), through the Medical
Services Branch, has a fiduciary obligation to provide registered Indian peoples with
health services (known as Non-Insured Health Benefits, or N.I.H.B.). These health
benefits cover medical services for the purpose of maintaining your health, preventing
disease, diagnosing or treating an illness, injury or disability.
HEALTH: (Continued on page 3)
WINTER 1996
UBCIC NEWS
MESSAGE
FROM
THE PRESIDENT:
Letter from Diane Marleau, Minister of
Health
Received January 22, 1996
Dear Chief Terry:
Much
is being
made of the
Nisga'a deal
which will see those
People's homeland
torn down to an 8%
settlement area
h a v i n g tax p a y i n g
privileges. Keeping i n
mind that the land over
which the tax is being
paid belongs to the
payee. The people are expected to prudently manage $190
million dollars for their future generations. If the $ 190 million
is for the interest of future generations then what has become of
the assets from the loss of 92% of the nations land base, without
mentioning lost benefits from previously exploited lands and
resources? Is the $190 million a fair exchange? Before the ink
dried on the initialled deal one forest company is reported to be
expecting at least $80 million as compensation for lost cutting
rights.
While high media attention is being given the Nisga'a
deal, at the same time the federal government was firing volleys
from its assimilationist guns in the form of a Land Management
Agreement with 15 bands from across the country. This may be
passed or enacted by bands with a vote of 25% plus one. Is this
the extent of democracy from the federal government? No doubt
to it, the 1969 White Paper Policy is being implemented before
our very eyes and right under our noses.
As noted i n my Christmas message we continue to suffer
from the fallout of the B.C. Treaty Commission, the after effects
of the Gun Control legislation is yet to be felt. The unensured
health benefits are being implemented now with plans for total
elimination on April 1st, 1996. Apparently to demostrate their
(National Health and Welfare's hospitality, while our rights are
being abrogated, minished or terminated they have invited us to
their offices for cake and tea. Meanwhile our post secondary
student waiting lists grow with each passing day.
This month we witnessed stirrings from the students
when they protested against post secondary cutbacks on February
7th. These rallies were held right across the country. This week
the students are into their 15th day fast in objection to their right
of education not being recognized by the federal government.
It is certain that further actions by the students will be taken i n
the days ahead. Make your plans to participate and support the
struggle to protect our right of education.
2
Thank you for your letter of October 30,1995,
expressing your concern regarding funding reductions to the
Indian and Inuit health programs resulting from the federal
Budget. Please excuse the delay i n replying.
To begin, I would like to emphasize that no federal
department or agency has been shielded from the intense
scrutiny which characterized the Program Review and
subsequent Budget decisions. It was an exercise of choices,
of refocusing mandates and of setting priorities government
wide and i n every department.
The health sector, particularly health services to First
Nations and Inuit, continues to be a high priority for this
government. The federal government has shown a genuine
commitment to continue programming to First Nations and
Inuit. A t a time when the majority of federal departments
are facing significant budget cuts, the Indian and Inuit health
services budget will continue to grow at the rate of 6% this
fiscal year and 3% for the next two fiscal years.
I have informed the First Nations and Inuit leaders of
the effect of the 1995 Budget on Indian and Inuit health
services and invited them to participate i n developing a plan
to manage within the budget allocated for these services.
The purpose of this invitation was not take part in a cost
cutting exercise but to work together to ensure that programs
and finances are focused and managed i n a way that best
meets the needs and wishes of communities.
As the Minister of Health, I am responsible for
managing the Indian and Inuit health programs within the
Budget as tabled by the Minister of Finance. In the absence
of a mutually acceptable national framework for managed
growth, I will have to make the necessary decisions to ensure
the provision of services to First Nations and Inuit people
within the Envelope for the next fiscal year.
Please be assured that I remain committed to First
Nations' participation in the management of the Indian and
Inuit Health programs.
Yours sincerely,
Diane Marleau
Minister of Health
MINISTER OF H E A L T H H A S CHANGED TO:
DAVID DINGWALL
National Health & Welfare
10th F l , Jeanne Mance Building
Tunney's Pasture
Ottawa, Ontario K 1 A 0L3
Phone (613) 957-0200
Fax (613) 9572-1154
WINTER 1996
UBCIC NEWS
HEALTH: (Continuedfrom page 1)
POLITICALLY
The Federal Government is forcing b i g changes
regarding your rights. They are telling Indian people that we
will have the power to run our own affairs, decide our own
future, and our aboriginal rights and treaties will be protected
under the Canadian Constitution i f we agree to their self
government proposal. The truth is, they will only transfer
administrative responsibility and reduce their fiduciary
obligation to us. They are working to have provinces take over
health care services for Indian people.
This will place hardships on our people who are already
having financial difficulties. Many of our people will be
forced to pay health insurance premiums as an example. If
payments can't be met, families will not get health care
because doctors, dentists, optometrists, clinics, or hospitals
will not accept them without financial guarantees.
NON-INSURED H E A L T H BENEFITS L E V E L S ;
In 1994 -1995 fiscal year, Medical Services Branch
reviewed all the Indian health programs and services. They
looked at how programs were benefitting the health of your
communities and decided that hospital services was a low
priority of health care services because it is an insured service
available through the provincial health care system.
They proposed to cut o f f your coverage for
physiotherapy, psychotherapy, podiatry, chiropractic and other
services. The think they can phase i n the elimination of Mental
Health fee-for- service charges and decrease your Eye Glass
service i n adults from 2 to 3 years (except where medically
necessary). They plan to remove your over-the-counter drugs
services and to eliminate orthodontics.
For years, transportation services for patients has been a
problem between Indian Bands and Medical Services. It has
always been a bare-bones operation and yet they propose to
change the rules by limiting funds for this service.
While the levels of Non-Insured Benefits is of concern to
Indian Bands and Tribal Councils which handle their own
health programs, every status Indian person will be affected
by cut off to services mentioned above. Tribal Councils who
run their own hospitals will be caught with no funds and
many of our people will be denied access to hospital care.
NON-INSURED H E A L T H BENEFICIARIES;
Medical Services Branch is planning to cut-off N.I.H.B.
to the off-reserve status Indians on April 1, 1996. They say you
will become the responsibility of the provinces. M . S . B . report
that costs for this service has increased due to population
growth. This increase occurred because thousands of Indian
people were reinstated under the Indian Act due to B i l l C-31.
In 1985 the Department of Indian Affairs under-estimated the
number o f a b o r i g i n a l people seeking redress from
enfranchisement which created a problem of finding triple the
funding every Indian Band needed for housing, education, child
care, social welfare and health services.
WINTER 1996
The Federal Government has legal, political and moral
responsibilities to you no matter where you live. It is a fact
that because you live off-reserve for different reasons, you
already lose many of your rights. If you keep silent on
Medical Services goals to trim their budget by terminating
medical services to you and your family, they will succeed
in terminating your inherent jurisdiction. Chiefs and
Councils, Tribal and Native Leaders must actively fight for
our political rights on this issue.
N O N - I N S U R E D H E A L T H B E N E F I T S T O STATUS
INDIANS O N - R E S E R V E A N D W H O A R E ON S O C I A L
ASSISTANCE:
The Department o f Indian Affairs has a Social
Assistance program. It has never been known to inject quality
of care a n d services a n d its r a t i o o f funding always
outnumbered the cost of economic development and selfsufficiency in Indian communities. A n d yet, Medical Services
Branch want us to believe that if they provide Non-Insured
Health Benefits to on-reserve social assistance recipients, they
would save money by combining cost of this service with the
Social Assistance program of the D.I.A. This is very restrictive.
Again, Medical Services is using the population equation to offload your rights to the provinces. Indian Affairs created the
problem from enfranchisement but expect us to solve our own
problems with no money, less staff, and i n less time.
For Medical Services to strictly limit the NIHB to only
Indian people on Social Assistance and only living on
reserve is divisive. It is a termination of policy which is
against your constitutional and human rights. The
Government is dictating that you must be on Social
Assistance in order to receive NIHB. The government is not
giving your leaders the kind of time needed to address this
vital issue comprehensively.
U N I O N O F B.C. I N D I A N CHIEFS
POSITION
THE ABORIGINAL RIGHT TO HEALTH
The Aboriginal Right to health is a right to health care. It is
derived from our Nations' inherent sovereignty and unextinguished
Aboriginal Tide. It reflects our peoples' philosophy and ideology.
It is an inseparable and inalienable aspect of our peoples' unbroken
connection to Mother Earth and our unextinguished ownership of
our traditional territories and resources.
The right to health encompasses our peoples' right to
physical, spiritual, mental and social well-being. It is ourright,not
merely to survive, but to thrive — as individuals, communities and
nations. It is our right in international law to achieve the highest
attainable standards in all health areas.
Aboriginalrightsare seen as a Sacred Trust between the
citizens of Indian Nations. Our Leaders recognize our citizenship
whether we live on or off reserve, within Canada or outside
Canada. Our Aboriginalrightsare entrusted to us to uphold and
protectfor the mutual benefit of all our peoples, andfor those yet
unborn.
3
UBCIC NEWS
PRESS RELEASE
Canadian Federation of Students
D A Y EIGHT OF THE HUNGER STRIKE
Friday February 23. 1996
O T T A W A - Aboriginal students i n British Columbia are entering their eighth day of the hunger strike and the
Minister of Indian and Northern Affairs has not yet responded.
The students, who have set up tents in the University of Victoria Student Union Building, await a response from
the federal government regarding the budget, Penny Katzel, Aboriginal Student Liaison for the British
Columbia component of the Canadian Federation of Students stated that, " W e want to be assured that the
federal budget will include an increase in aboriginal students support to compensate for the tuition increases that
are a result of the implementation of the Canada Health and Social Transfer."
The students are protesting inadequate funding for this federal government's Aboriginal Post Secondary Student
Support Program. This program is supposed to fund aboriginal students post-secondary education expenses,
including tuition, text books, and living costs; however, this program is not currently providing adequate funds
for the number of students applying to access this program, nor does it accurately reflect the actual cost of
living. This program was implemented i n 1989 and has not been up-dated since.
" I am concerned that there hasn't been response from the government on this issue. There is a
growing concern for the health of these students who have been without food for over a week" expresses Renee
Shilling, Aboriginal Students Representative for the Canadian Federation of Students. "Education is an
inherent Aboriginal and Treaty Right and these students have very legitimate concerns about the commitment of
the federal government. Aboriginal education is already severely under-funded and we are concerned that the
tuition increases will put further pressure on the administering organization which already have long waiting
lists. T h i s has become much more than an access issue, especially when the federal government is
creating it's own barriers with their cuts to social programs.
There is growing support for the students from organizations such as the Assembly of First Nations and the
Union of B . C . Indian Chiefs. There will be an organizing meeting in Vancouver on Tuesday to plan a protest at
the Regional Office of the Department of Indian and Northern Development. ' 'We are prepared to do whatever
it takes to make sure that our RIGHTS are upheld. We don't want to see tactics and policies like the 1969
White Paper'' claims Dan Daigle, Aboriginal Students Commissioner for the K i n g Edward Student Association
and organizer of the Vancouver protest.
" T h e Hunger Strike is a result of the federal government continuing to renege on it's constitutional
responsibility to provide education for First Nations People," added Katzel. " W e will continue until we receive
word from the Minister of Indian Affairs, Ron Irwin, that there will be a substantial increase i n funding for
aboriginal post-secondary students i n the coming budget."
For more information, contact:
Penny Katzel - phone (604) 920-8728
message (604) 721-7884
Dan Daigle - phone (604) 871-7146 fax (604) 872-4875
The Canadian Federation of Students, Canada's national organization, was formed i n 1981 and represents more
than 40,000 students at colleges and post-secondary institutions across the country.
EDUCATION IS A RIGHT, NOT A PRIVILEDGE!
4
WINTER 1996
UBCIC NEWS
Union of B . C . Indian Chiefs In Support of Hunger Strike
V A N C O U V E R , B . C . - February 28, 1996. The Union of B . C .
Indian Chiefs have been in contact with the students who are
completing their 13th day of a Hunger Strike to protest the
cutbacks to education. There has been no response or inquiry
from the federal or provincial governments as to their condition
or requests they might have. Ron Irwin, Minister of Indian and
Northern Affairs has ignored numerous faxes, phone calls and
letters from B . C . and across Canada with regards to Education
cutbacks. Out of the five students who continue on the Hunger
Strike, three are non-First Nations students.
In 1987, the federal government imposed a cap on assistance
funding, thereby limiting the number of native students who can
pursue post-secondary education and leaving the difficult
decision as to who w i l l receive support. This cap i n funding
comes at a time when the demands of native peoples for postsecondary education is rising. O n Wednesday March 6, 1996,
the Federal Budget is expected to be released which will
confirm funding levels. Chief Saul Terry explains, "This is not
only a First Nations fight for education, this is going to effect
everyone across Canada. Every person has the right to equal
treatment without being discriminated against because of race,
national or ethnic origin, religion, political belief or socioeconomic background. We have to stand united, for too long
there has been barriers for the same objectives."
Support these hunger strikers, and all students by phoning or
faxing your Minister of Parliament, the Minister of Skills
Training & Labour fax: (604) 387-3200, Minister of Aboriginal
Affairs, fax: (604) 356-1124, Minister of Health, fax (604) 3873696 or the Canadian Federation of Students, fax (604) 7331880
-30Contact: Jennie Blankinship or Millie Poplar (604) 684-0231
UBCIC NEWSLETTER DEADLINE
The deadline for the next Newsletter has been set for March 29,
1996. If you have any information that you would like to see in
the next edition of the U B C I C N E W S L E T T E R send by mail
mail or fax to:
UBCIC NEWSLETTER
5th Floor - 342 Water Street
Vancouver, B.C. V 6 B 1B6
Phone: (604) 684-0231
Fax: (604) 684-5726
WINTER 1996
Students Demonstrate at Vancouver Hotel on
Education Funding Crises
March 1,1996 - Vancouver, B.C. -Education is an aboriginal and
treaty right of Indian Peoples. This means that full federal funding
is due for all our citizens as long as they meet the entrance
requirements as may be established by our Bands and the receiving
institution. For much too long, the federal government has denied
our rights. This non-recognition must cease.
In 1989, Indian students went on a national hunger strike over the
capping of education funds. Since that year the waiting list has
become greater. A recent study by the Canadian Federation of
Students indicates that the real need of status Indian students in
British Columbia for this year alone falls short by 4.7 million
dollars.
Once again we have a student hunger strike. This time it also
involves members of the Canadian Federation of Students. Their
hunger strike is now well into its third week. Going without food
is a very serious action.
For this reason, other students have pledged their support and are
demonstrating today at the Vancouver Hotel. This is to remind
federal politicians of their obligations for "Indians and lands
reserved for Indians,'' especially their obligation to fund education
opportunities for all our peoples.
The handful of students at the University of Victoria have sounded
the alarm through their hunger strike — this alarm is being
amplified by the demonstration at the Vancouver Hotel.
The issue today is that the right of education of Indian Peoples is
being threatened with termination by the federal government and
the right to education of Canadians generally is being seriously
compromised as well.
The Union of B.C. Indian Chiefs will continue to support the
struggle of our Peoples to have our constitutional right of education
recognized and respected by the Government of Canada.
Put your pens to hand, pick up your placards and put on your
marching shoes — the rights of our Peoples are at stake.
-30Contact: Chief Saul Terry
President, U B C I C
(604) 684-0231
5
UBCIC NEWS
Education Update
Chiefs, Council and Education Coordinators expressed
their concerns on education cutbacks to John Watson and John
Ellis on F E B R U A R Y 14, 1996 at the Department of Indian
Affairs, Vancouver. Again, Watson and Ellis claimed that
there are no cutbacks i n Indian Education! "Reviewing the
Nominal Roll Watson stated, will reflect increases. We are
accountable to the Attorney General and the Audit General. We
have to prove that the moneys are being spent on education,"
The response to this comments was, "It towards the First
nations people that the government should be accountable to,
they have a fiduciary responsibility to provide education to all of
us. There is evidence that there is insufficient funding give to
our band schools, administration, travel, tuition, living
allowances and health."
Many bands have selected to undergo the Nominal Roll
Reviews. They feel this is another tactic to police band operated
and Independent schools. Nominal rolls have to be submitted
annually to the government for funding of each school, whether
it be band operated, independent or public schools. Why then,
are they (government) forcing another Nominal Roll Review on
band operated schools? The government obviously has a hidden
agenda?
A rally took place across Canada, February 7, 1996, i n
protest to Education and Health cutbacks and tuition increases.
In Vancouver, approximately 500 First Nations people rallied i n
protest. Placards expressed the aggravation and discontentment
towards the government's plan to cutback. Students from the
Native Education Centre, Langara College, Institute of
Indigenous Government, Simon Fraser University, U B C and
LIVING ALLOWANCE
STUDENTS
Vancouver Community Colleges attended along with various
native organizations which led the precession down Main Street
past the Vancouver Public Library then onto the Vancouver A r t
Gallery. Approximately 5000 students and supporters joined i n
protest. The hand drums and singers were placed at the front
lines.
Victoria B.C: Aboriginal students are on a Hunger
Strike at the University of Victoria, in protest of Education
cutbacks. The strike started February 16, 1996 and will proceed
until they hear from Ron Irwin at the Department of Indian
Affairs in Ottawa. A representative, Penny Katzel stated that
" M r . Irwin's lack of concern for us is no less appalling than his
government's decision to starve the post-secondary education
system of funds. M r . Irwin and his Liberal government bear
full responsibility for our health."
Allowances: For years the living allowances for first nations
students have been capped to a level below the standard of
living. The last update to the Federal Government Allowances Living Costs was in 1989.
The government determines how much it will spend on
aboriginal education, then divides it up amongst eligible bands.
The number of students from each band is not factored i n nor is
the actual cost per student. Bands are faced with choosing
students and funding them at different levels. Potential students
are turned away or they are underfunded to allow more spaces.
First Nations people have a fundamental right to
education, whether it be pre-school, K-12, A B E , Special Needs,
technical or post-secondary. The government has a fiduciary
responsibility to provide education. We have a right to demand
higher funding and for the unpaid educational costs for the
number of student currently enrolled as well as the expected
increase i n tuition fee levels for 1996/1997, which is an
additional $8.3 million for B . C .
FOR FIRST NATION
STUDENTS
MONTHLY ALLOWANCE
8 MONTHS
Single living with employed parent
Single, independent
$290
$675
$2,320
$5,400
Married with working spouse
* with 1 dependent
* with 2 dependants
* with 3 added dependants
$675
$850
$1,030
$1,205
$5,400
$6,800
$8,240
$9,640
Married with dependent spouse
* with one added dependent
* with two added dependants
* with three added dependants
$895
$1,045
$1,205
$1,355
$7,160
$8,360
$9,640
$10,840
Single Parent
* with one dependent
* with two dependants
* with three dependent
$1,045
$1,205
$1,355
$8^60
$9,640
$10,840
* Source: Aboriginal Post-Secondary Education: Making a Case for More Funding
Canadian Federation of Students, University of Victoria Native Student Union, December 1995.
6
WINTER 1996
UBCIC NEWS
Legal Update - Fishing Cases
Regina vs Jack, John & John; Reg in a v. Sampson & Elliot; and Regin a v. Little
Memorandum
Analysis
These three unanimous decisions of the B C C A clearly
establish that:
From: Brenda Gaertner and Louise Mandell
1. DFO's reliance on conservation concerns i n order to close the
terminal aboriginal fisheries of weak stocks, while allowing those
stocks to be fished by the commercial or sports fisherman while
Re: Case Comment on Regina v. Jack, John & John, Regina v.
they are intermingled with other stocks does not meet the
Sampson and Elliot, and Regina v. Little
constitutional priority for the aboriginal fishery confirmed by
Overview
Sparrow.
While this
The decisions of the
prioritymaynotmean that
UNION OF B.C. INDIAN CHIEFS
B . C . Court of Appeal
D F O has So close down
( " B C C A " ) i n these three
completely
the
Attention: Chief Saul Terry
fishing appeals were released
interception fisheries,
on December 20th, 1995. In
D F O does have the
Re: Fishing Cases: Regina v. Jack, John & John; Regina v. Sampson &
each decision the Court ruled
obligation to implement
Elliott; and Regina v. Little
unanimously in favour of the
a system which conforms
aboriginal/treaty right
to the priority established
We are pleased to report to you regarding three decisions of the B.C.Courtof
asserted. Each case challenged
by Sparrow.
Appeal in fishing appeals which we were released on December 20, 1995. The
DFO's method of m a n a g i n g
2. The Conn will analyze
Court ruled unanimously in favour of the aboriginal and treatyrightswhich were
m i x e d stock fisheries, i n
how that priority has been
in issue. These cases involve the mixed stock fishery. DFO's practice has been
particular D F O ' s h a b i t o f
met on a run basis. It is
to allow commercial and/or sports fishery to access to the weak stocks while they
c l o s i n g f o r conservation
not sufficient for the
co-mingle with other stocks. When the weak stocks return to their rivers to spawn,
p u r p o s e s the t e r m i n a l
Crown torelyupon claims
closures on fishing are then imposed by DFO for conservation purposes. This
aboriginal fishery, w h i l e
that D F O has generally
practice has resulted in the "inadvertent" destruction of genetically distinct
allowing the commercial and/
m e t the food f i s h
stocks as sell as charges laid against Indianfishermenwho fish from the rivers.
or sports fishery access to those
requirements of the
The B.C. Court of Appeal held that the Crown cannot justify the closure under
same weak stocks while they
aboriginal people.
those circumstances and found the Indianfishermen"not guilty"
are commingled/mixed with
3. The obligation of
Because of the importance of these decisions to your people, we have
other stocks.
consultation imposed on
provided a summary of the cases for your information. We would be pleased to
The B C C A decisions
D F O by Sp^row includes
answer any questions which may arise.
provide an analysis of the
a duty on DFO to ensure
justification test established in
that the aboriginal group
Yours very truly,
Sparrow. The Court confirmed
is provided with full
that there is a heavy burden
i n f o r m a t i o n on the
Mandell Pinder
placed on the Crown to justify
conservation measure and
Louise Mandell, Barrister & Solicitor
infringements to aboriginal/
its effect net only on the
treaty fishing rights, that the
aboriginal group but also on other user groups.
closure of terminal fisheries while allowing commercial or sports
4. Consultation includes a positive duty on D F O to fully inform
fisheries access to those runs fail to meet the priority of the
itself of the fishing practises of the aboriginal group aid their views
aboriginal/treaty fishing right confirmed by Sparrow.
of the conservation measures.
The Court also concluded that consultation requirements
These conclusions should greatly assist the efforts of
established in Sparrow must include disclosure of all conservation
aboriginal
people in negotiations regarding fishing plans that will
measures which are to be implemented and to advise regarding the
ensure
that
on a run by run basis sufficient returns to the river are
effect such proposed measures will have on the First Nations
made
not
only
to meet the necessary escapement but also to meet
concerned. D F O has a duty to fully inform itself of the fishing
the
fishing
requirements
of the aboriginal people. It is not
practices of the First Nation and their views of the conservation
sufficient
for
D
F
O
to
simply
substitute either access toother fishing
measures. These consultation duties of D F O must occur before the
runs
or
other
fish.
proposed conservation measures are implemented.
Date: January 3, 1996
WINTER 1996
7
UBCIC NEWS
SACRED ASSEMBLY
Reconciliation Proclamation
We, the delegates to Sacred Assembly '95, gathered together in Hull, Quebec on December 6-9, 1995, having come from
the four corners of this land — East, West, North, and South — and having brought with us diverse spiritual backgrounds
and having listened to and prayed with Elders, spiritual leaders and with each other, are now able to assert the following:
We share, as part of our common spiritualfoundation, the belief that:
the Creator God reigns supreme over all things:
the land on which we live was created for the benefit of all:
as the original inhabitants of this land, Aboriginal peoples have a special right and responsibility to ensure
the continuing integrity of the land and the unity and well-being of its inhabitants: and
non-Aboriginal Canadians also share in these responsibilities.
We, share the recognition
that reconciliation between Aboriginal and non-Aboriginal Canadians must be rooted i n a spiritual
understanding of land as a gift from the Creator God:
the sins of injustice which have historically divided Aboriginal and non-Aboriginal peoples remain active
i n our society today:
concrete actions must be taken by Aboriginal and non-Aboriginal peoples alike to overcome
these injustices and to bind up the wounds of those who have suffered:
We share an understanding
that the starting point for healing and reconciliation lies in personal communion with the Creator God:
while change must take place at all levels of society, it must be rooted most firmly i n the communities:
and
relations based on justice will require respect for past treaties, a fair settlement of land rights disputes, the
implementation of the inherent right of self-government and the creation of economic development
opportunities and other institutions to support it.
We have a commitment
As individuals:
to seek the personal guidance and counsel of Elders and spiritual leaders in order to walk more closely
with the Creator God:
to return to our communities and develop ways to continue the process of heating and reconciliation that
has begun at Sacred Assembly '95:
to continue to explore with each other our sacred foundations, i n order to b r i n g about spiritual
reconciliation, Aboriginal justice and the fulfillment of political responsibilities in this country:
to continue to respect the difference in our spiritual journeys, even as we seek to discover the common
spiritual link between us.
As churches andfaith communities:
to continue the process of healing and reconciliation with Aboriginal peoples, by providing the forums
and supports needed to heal the wounds created in the past:
to become stronger advocates for justice and reconciliation i n current and future public affairs, and to hold
our governments accountable for their implementation of just policies:
to recommit ourselves to a program of education and action on issues relation to land rights,
self-government, economic development and racism.
As First Nations and Aboriginal communities and organizations:
to work towards healing and reconciliation within our own communities:
to accept the challenge issued by our Youth to create an environment i n our communities that encourages
a healthy view of oneself and respect for others, and which also addresses community conflicts that
prevent Youth from finding their path.
8
WINTER 1996
UBCIC NEWS
RESOURCE CENTRE NEWS
First Nation Women - Bibliography
Our apologies for promising a bibliography of books and
videos about First Nation women in the last issue of the Newsletter
and then not including it. The bibliography which was supposed
to have been inserted in the Newsletter before it was mailed out was
not included. It is in this issue. If you have any questions about the
books or videos i n the bibliography, please call or fax us.
Where to Get Native Books & Videos
Staff in the band school, tribal council, and cultural centre
libraries often wonder where to acquire books and videos for their
collections. The following is a list of book and video vendors who
deal exclusively with Canadian and American native materials.
Getting on their mailing list for catalogues and new publication
announcements can make it easier to keep up on what is being
published and can make it easier to order. In addition, library staff
should try to scan newspapers (native and non-native) for mention
of reports and other new materials not available from standard
publishing companies. You can also ask particular government
departments and provincial ministries to put your organization on
their mailing list for reports etc. released to the public. It is best to
contact the Communications branch within departments or
ministries as they usually handle the public dissemination of
information.
Call or fax these vendors and ask to receive their catalogues
which include books, cassettes, videos and CDs:
Mohawk Nation Book and Magazine Store
P.O. Box 645
Mohawk Territory
Kahnawake, Quebec J0L 1B0
Phone: (514)638-4016 Fax: (514)638-5639
Specializing in native literature of all types on all topics
The Native Book List
#9-6125 11th Street S.E.
Calgary, Alberta T2H 2L6
Phone: 1-800-360-8826 (toll free)
Extensive list of discounted books, cassettes, CDs, and videos by
and about First Nations,
Inuit, and Metis people
The Native Book Centre
150 York H i l l Blvd.
Thornhill, Ontario L4J 2P6
Phone: (905)881-7804 Fax: (905)881-7808
Books with an authentic perspective on the aboriginal peoples of
Canada and the United States
Northwest Coast Book & Art Company
Box 436, 720 Highway 33
Queen Charlotte City, B.C. V 0 T ISO
Phone: (604)559-4681 Fax: (604)559-8643
By and about Indians of the Northwest Coast. Extensive lists of
new, out-of-print, and rare books.
WINTER 1996
Sharing Strength Within a Talking
Circle
The traditional' 'Talking Circle'' is a very old way of
bringing Native People, of all ages, together in a quite,
respectful manner for the purposes of teaching, listening, learning,
and sharing. When approached in the proper way, the circle can
be a very powerful means of touching or bringing some degree of
healing to the mind, heart, the body or the spirit
Within this Sacred Circle we are encouraged to speak not
only from the mind, but from the heart, we are free to share our
innermost feelings if we choose. Regardless of whether one brings
traditional teaching or a personal problem to the circle, all persons
are valued, respected and listened to. There is an Indian belief of:
right time / right place / right people / hearing right things and we
rely on that belief within the circle.
The traditional "Talking Circle" is a very old way of
bringing Native People, of all ages, together in a quiet,
respectful manner for the purposes of teaching, listening, learning,
and sharing. When approached in the proper way, the circle can
be a very powerful means of touching or bringing some degree of
healing to the mind, the heart, the body or the spirit One could
call it a very effective form of Native group-therapy.
The circle leader, teacher or facilitator begins by passing
around sweet grass, cedar, or sage, so that the participants may
"smudge'' themselves. We have been taught by our ancestors that
these Sacred Herbs have a purifying effect upon our total being.
As the smoke from the herbs surround us, we are better able to
connect on many levels with the others, within the circle, within
ourselves and with that we are about to experience.
The group leader (or a volunteer) will then open the circle
with a prayer. The circle is now in the hands of the Great Spirit,
Grandfather, God, or whatever one chooses to call that higher
power. The leader might next have the people shake hands to
acknowledge each other. It is a good thing to do, especially if this
is a new circle of people.
The group leader then begins to "Talk to the People''
without interruption, talking to no one person, but to all who are
present. A l l are expected to listen respectfully until the speaker is
finished. A l l who sit within the circle will have an opportunity to
express themselves if they choose or they may simply listen, but all
who speak will be given the same respect. They will be listened
to.
The group leader and most likely others within the circle,
may bring eagle feathers or stones or other sacred objects which
are passed and shared. We believe these sacred things to be
helpers in furthering our connections to spirits and to our higher
selves, they help us listen, they aid in our learning
When all have spoken, anyone may request that this be a
' 'closed circle'', that all that has been said and the identities of the
participants shall be confidential. If no one requests a closed
circle, all may freely share what they have learned
The circle is closed with a prayer. So in this old way we
have come together again to teach, to learn, to touch each other's
spirit, that we may find strength to live in these two worlds, that
our people may live.
Elder Glen Douglas
9
UBCIC NEWS
Environmental Groups take Lubicon Boycott Issue to the
International Community
February 23, 1996
A coalition of environmental
groups from Canada and the United
States have vowed to carry on the
struggle of the Daishowa boycott on an
international level.
A recent decision by the Ontario
Divisional Court has ruled that the
Friends of the Lubicon boycott against
Daishowa is illegal. The court has
granted Daishowa Inc. an interlocutory
injunction, forcing a temporary halt to
the boycott until Daishowa's case
seeking a permanent injunction can be
heard.
The Friends of the Lubicon began
a consumer boycott i n 1991 in order to
help the Lubicon Cree people prevent
clear-cutting on their lands. A Forest
Management Agreement (FMA)
completely blanketing all 10,000 square
kilometers of Lubicon territory is held by
Daishawa Marubeni International's
subsidiary of the Japanese-owned
Daishowa multi-national logging
company.
"Consumers have a right to know
that the products they are purchasing are
coming from clear-cut logging and forest
destruction," stated Colleen McCrory,
Chairperson of the Valhalla Wilderness
Society. "Clear-cut logging and
roadbuilding will cause widespread
destruction to Lubicon lands.
Daishowa's new 1,000 metric ton/day
pulp mill will need vast forested areas of
the Lubicon's traditional territory which
will clear-cut 11,000 trees each day or
approximately 4 million trees each
year."
The Lubicon people have already
been suffering severe hardship as a result
of the environmental damage inflicted
upon their lands by the oil and gas
industry.
Daishowa Director of Corporate
Development, Tom Cochrane was quoted
in the Toronto Varsity News on February
8th, 1996 as saying "the Friends of the
Lubicon think the livelihood of a
hundred families is worth sacrificing for
giving some Indians some land rights."
" W e are shocked by this blatantly
racist remark by a Daishowa
representative," said Grey Jones,
Executive Director of Western
Wilderness Committee in Edmonton,
"This kind of racist speech does not
belong in Canada."
The Ontario Divisional Court
ruling must be appealed in the highest
court in Canada as it jeopardized the
very foundation of the Canadian people's
basic democratic rights," said McCrory.
"Environmental groups in
Canada and the United States will take
this issue to the International community
in support of the Lubicon people and the
boycott of Daishowa. We will be asking
groups in the United States to help the
Lubicon. There is already a well
organized boycott of Mitsubishi across
the U . S . , " stated Chris Genovali, of the
U.S. Pacific Environment & Resources
Center.
Genovali said, " P E R C is
interested in protecting the boreal forest
worldwide. We thought Canada was a
very democratic country, but after seeing
first hand the hardship of the Lubicon
and then hearing of this court ruling, we
are very concerned. We will be watching
this issue very closely."
Contact:
Colleeen McCrory / Vahalla Wilderness
Society (604) 358-2333
Grey Jones / Western Canada Wilderness
Society Committee (403) 433-5323
Chris Genovali / Public Environmental
Resource Centre, (604) 388-9292
Penticton Indian Band - Press Statement
Sunday, January 28.1996
The Penticton Indian Band rejects Minister of Indian Affairs, Ron Irwin's recent statement that the Native unrest of 1995 and any
potential future Native unrest shall be linked to the lack of progress of the B.C. Treaty Commission. We find Irwin's statement to
be totally ludicrous and completely without foundation.
The A d a m ' s Lake B a n d , the Upper N i c o l a Band, the Penticton Indian Band and the people who were involved i n
the Gustafsen Lake standoff are unanimous i n their o p p o s i t i o n to the B . C . Treaty C o m m i s s i o n process. Further, it
should be noted that approximately 80 Native communities throughout the province do not support the B.C. Treaty process.
Any suggestion that these communities would become engaged in a Native uprising" in the event that the B . C . Treaty Commission
doesn't "fast track' the settlement process is totally ridiculous.
If Minister Irwin's recent statement reflects his comprehension of these critical matters, he should be immediately terminated!!
Contact: Stewart Phillip (604) 493-3924
(604) 493-0048
10
WINTER 1996
UBCIC NEWS
Lightkeepers Applaud Provincial Move
To Keep Lightstations Staffed
ON THE MOVE...
January 9, 1996
Vancouver - B.C.'s lightkeepers are applauding the efforts of
Minister Glen Clark as he announced today the provincial
government's intention to meet with the federal government in
order to discuss alternative solutions to the destaffing of any of
B.C.'s 35 staffed lightstations.
' ' M y discussions with the Premier and Minister Clark
regarding a provincial "takeover" of west coast lightstations
began almost a year ago," said Jim Abram, president of PS A C
local 20232 representing B . C . lightkeepers. "These talks have
resulted i n a letter to federal fisheries minister Brian Tobin
from Minister Clark expressing an intent to negotiate a
provincial solution to this 10 year old problem."
The public and affected user groups including organized
labour, local governments, First Nations communities and
federal and provincial politicians, have participated i n
numerous consultations and lobbied extensively to convince the
federal government of the necessity of a staffed presence on the
lightstations in order to continue delivering essential safety
services. These services will be lost i f destaffing occurs.
While Minister Tobin did re-investigate the issue when
he took over Canadian Coast Guard i n the spring of 1994, he
later announced plans to proceed with destaffing, beginning
with eight in B . C . this year. Since receipt of Minister Clark's
letter, staff in Tobin's office and Commissioner John Thomas,
Coast Guard's senior bureaucrat, have confirmed their desire to
discuss alternative solutions with the provincial government so
that the lightstations will remain staffed.
" I t is imperative that the one condition stated by
Minister Clark i n his December 21, 1995 letter to Minister
Tobin be put into effect immediately, that is, the provincial
government's expectations that all destaffing implementation
plans be stopped until agreement is reached," emphasized
Abram. ' 'It would be irresponsible of Coast Guard to spend
money unnecessarily to implement a plan that could be
extinguished with the signing of a provincial/federal
agreement."
"Through all the help we have received from Minister
Clark, Minister Gabelmann, Premier Harcourt and their staffs,
we are finally working effectively and cooperatively on a
permanent solution to the service delivery needs of our marine
and aviation clients," Abram concluded. "This is an incredible
breakthrough brought out by ongoing efforts of user groups,
lightkeepers, the provincial government and others. I look
forward to continuing the work with the province and the
federal government to establish a successful and lasting
conclusion."
-30Contact:
Jim Abram, Cape Mudge Lightstation
Cell: (604) 830-8005
Phone: (604) 687-1128
WINTER 1996
CHIEFS M A S K B O O K S T O R E
has relocated to:
5th Floor -342 Water Street
Vancouver, B . C .
V6B 1B6
Phone (604) 684-0231
Fax (604) 684-5726
Now serving the Institute of Indigenous Government as a
Campus Bookstore
T H E V A N C O U V E R A B O R I G I N A L JUSTICE
CENTRE SOCIETY
has relocated to:
191 Alexander Street (at M a i n Street)
Vancouver, B . C .
Phone (604) 684-2121
Fax (604) 684-2177
K E K I N O W N A T I V E H O U S I N G SOCIETY
has relocated to:
#1014-7445 132nd Street
Surrey, B . C .
LOGO CONTEST
INSTITUTE OF INDIGENOUS G O V E R N M E N T
There is an open competition for which young Indigenous
persons are especially invited to enter. The logo should
appropriately represent the Institute's status, goals and
functions. Entries will be judged by a panel appointed by
the Board of Governenors and will be announced in late
May. A n honorarium of $1500 will be awarded to the
first place entry. In the event the contest winner is under
the age of 19, the above said honorarium shall be put into
an interest bearing trust account until he/she reaches the
age of majority. Completed entries must be received at
the IIG's Vancovuer Campus no later than April 30,
1996.
For detailed information contact Laurie Sterritt
Institute of Indigenous Government
3rd Floor - 342 Water Street
Vancouver, B.C. V 6 B 1B6
Tel: (604) 602-9555 Fax: (604) 602-3400
11
UBCIC NEWS
UNION OF B. C. INDIAN CHIEFS
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F O R OFFICE USE O N L Y
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Please make cheque or money order payable to:
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CHIEFS MASK BOOKSTORE
&
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GALLERY
-FIRST NATIONS
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12
WINTER 1996
new titles new titles new titles new titles ne¥/ titles
lndigenous Women:
A Select Bibliography of New Titles in the Resource Centre
Union of B. C. Indian Chiefs / IIG Resource Centre
Aboriginal women in Canada [videorecording] / produced by Ironstar Communications.
— Oakville, Ontario : Magic Lantern Communications [distributor], 1991.
The Colour of resistance : a contemporary collection of writing by Aboriginal
women / anthologised by Connie Fife. — Toronto : Sister Vision Press, 1993.
ISBN 0-920813-62-3 (paperbacks)
Doctor, lawyer, Indian chief [videorecording] / Carol Geddes, director ; Barbara Janes,
producer. ~ Montreal: National Film Board of Canada, 1986.
Enough is enough : Aboriginal women speak out / as told to Janet Silman. - Toronto :
Women's Press, 1987. ISBN 0-88961-119-X (paperback)
From a Native daughter : colonialism and sovereignty in Hawaii / Haunani-Kay
Trask. - Monroe, Maine : Common Courage Press, 1993. ISBN 1-56751-009-4 (hardcover)
- ISBN 1-56751-008-6 (paperback)
Keepers of the fire [videorecording] / Christine Welsh, director; Ian herring and Christine
Welsh, producer; Signe Johansson and Joe MacDonald, NFB producers. — Montreal:
National Film board of Canada, 1994.
Messengers of the wind : Native women tell their stories / edited by Jane Katz. - NewYork: Ballantine Books; Toronto : Random House of Canada, 1995. ISBN 0-345-39060-1
(hardcover)
The Ways of my grandmothers / Beverly Hungry Wolf. - New York : William Morrow
and Company, 1980. ISBN 0-688-03665-1 (hardcover)
Women of the Native struggle : portraits and testimony of Native American
women / edited and photographed by Ronnie Farley; with an introduction by Anna
Lee Walters. - New York : Orion Books, 1993. ISBN 0-517-88113-6 (paperback)
Writing the circle : Native Women of Western Canada / compiled and edited by
Jeanne Perreault and Sylvia Vance; with a preface by Emman LaRoque. - Edmonton,
Alberta : Newest Publishers, 1993. ISBN 0-920897-88-6 (paperback)
Union of B.C. Indian Chiefs
NEWSLETTER
WINTER 1996 EDITION
WARNING: As of April 1, 1996 Medical Services Branch Will Terminate
Your Health Rights.
BE ALERT TO DEVOLUTION DANGERS
c/ he Federal Government has legal, political and moral responsibilities to you no matter where you live. It is a fact that
a
As
because you live off-reserve for different reasons, you already lose many of your rights. If you keep silent on Medical
ervices goals to trim their budget by terminating medical services to you and your family, they will succeed in terminating
your inherent jurisdiction. Chiefs and Councils, Tribal and Native Leaders must actively fight for our political rights on this issue.
aa DA wr & W
10
9,
il.
INSIDE THIS ISSUE...
. Message from the President
. Health
. Education
. UBCIC Press Releases
. Education Continued
. Legal Update
- Fishing Cases
. Sacred Assembly
- Reconciliation Proclamation
Resource Centre Update
Lubicon
Lightkeepers Update
Every Status Indian person, whether treaty or non-treaty, on-reserve or off-reserve is
entitled to Non-Insured Health Benefits. Your Right entitles you to:
Medical Insurance Premiums: This covers your provincial health care insurance
plan premiums. It may cover your medical insurance premiums if you are working or
studying outside of Canada, Medical Services Branch pays for your premiums.
Other Health Care: This includes mental health (psychological) services but also
physiotherapy, chiropractic, podiatry and speech therapy, and doctors visits.
Drugs: This covers prescriptions and over-the-counter drugs, medical supplies and
medical equipment.
Dental Care: This covers dental treatment. The NIHB program keeps a list of dental
services they are willing to provide.
Vision Care: This covers new and replacement eye glasses and frames, fees for
optometrists’ services, medically necessary new and replacement contact lenses and
repairs to eyeglass frames.
Medical Transportation: Covers travel costs by land or air, including meals and
accommodations while in transit, any legally or medically required escort to and from
the nearest health care facility to obtain required medical services when such services
are not available at the patient’s home community. This service is mainly for on-
reserve Indian people.
The Department of National Health and Welfare (N.H.W.), through the Medicai
Services Branch, has a fiduciary obligation to provide registered Indian peoples with
health services (known as Non-Insured Health Benefits, or N.I.H.B.). These health
benefits cover medical services for the purpose of maintaining your health, preventing
disease, diagnosing or treating an illness, injury or disability.
HEALTH: (Continued on page 3)
WINTER 1996
UBCIC NEWS
MESSAGE FROM
THE PRESIDENT:
(1/77 “hisbeing
4h made of the
Nisga’a deal
which will see those
People’s homeland
torn down toan 8%
settlement area
having tax paying
privileges. Keeping in
mind that the land over
which the tax is being
paid belongs to the
payee. The people are expected to prudently manage $190
million dollars for their future generations. If the $190 million
is for the interest of future generations then what has become of
the assets from the loss of 92% of the nations land base, without
mentioning lost benefits from previously exploited lands and
resources? Is the $190 million a fair exchange? Before the ink
dried on the initialled deal one forest company is reported to be
expecting at least $80 million as compensation for lost cutting
rights.
While high media attention is being given the Nisga’a
deal, at the same time the federal government was firing volleys
from its assimilationist guns in the form ofa Land Management
Agreement with 15 bands from across the country. This may be
passed or enacted by bands with a vote of 25% plus one. Is this
the extent of democracy from the federal government? No doubt
to it, the 1969 White Paper Policy is being implemented before
our very eyes and right under our noses.
As noted in my Christmas message we continue to suffer
from the faliout of the B.C. Treaty Commission, the after effects
of the Gun Control legislation is yet to be felt. The unensured
health benefits are being implemented now with plans for total
elimination on April Ist, 1996. Apparently to demostrate their
(National Health and Welfare’s hospitality, while our rights are
being abrogated, minished or terminated they have invited us to
their offices for cake and tea. Meanwhile our post secondary
student waiting lists grow with each passing day.
This month we witnessed stirrings from the students
when they protested against post secondary cutbacks on February
7th. These rallies were held right across the country. This week
the students are into their 15th day fast in objection to their right
of education not being recognized by the federal government.
It is certain that further actions by the students will be taken in
the days ahead. Make your plans to participate and support the
struggle to protect our right of education.
©
Letter from Diane Marleau, Minister of
Health
Received January 22, 1996
Dear Chief Terry:
Thank you for your letter of October 30, 1995,
expressing your concern regarding funding reductions to the
Indian and Inuit health programs resulting from the federal
Budget. Please excuse the delay in replying.
To begin, I would like to emphasize that no federal
department or agency has been shielded from the intense
scrutiny which characterized the Program Review and
subsequent Budget decisions. It was an exercise of choices,
of refocusing mandates and of setting priorities government
wide and in every department.
The health sector, particularly health services to First
Nations and Inuit, continues to be a high priority for this
government, The federal government has shown a genuine
commitment to continue programming to First Nations and
Inuit. At atime when the majority of federal departments
are facing significant budget cuts, the Indian and Inuit health
services budget will continue to grow at the rate of 6% this
fiscal year and 3% for the next two fiscal years.
I have informed the First Nations and Inuit leaders of
the effect of the 1995 Budget on Indian and Inuit health
services and invited them to participate in developing a plan
to manage within the budget allocated for these services.
The purpose of this invitation was not take part in a cost
cutting exercise but to work together to ensure that programs
and finances are focused and managed in a way that best
meets the needs and wishes of communities.
As the Minister of Health, I am responsible for
managing the Indian and Inuit health programs within the
Budget as tabled by the Minister of Finance. In the absence
of a mutually acceptable national framework for managed
growth, I will have to make the necessary decisions to ensure
the provision of services to First Nations and Inuit people
within the Envelope for the next fiscal year.
Please be assured that I remain committed to First
Nations’ participation in the management of the Indian and
Inuit Health programs.
Yours sincerely,
Diane Marleau
Minister of Health
MINISTER OF HEALTH HAS CHANGED TO:
DAVID DINGWALL
National Health & Welfare
10th Fl, Jeanne Mance Building
Tunney's Pasture
Ottawa, Ontario K1A 0L3
Phone (613) 957-0200
Fax (613) 9572-1154
WINTER 1996
HEALTH: (Continued from page 1)
POLITICALLY
The Federal Government is forcing big changes
regarding your rights. They are telling Indian people that we
will have the power to run our own affairs, decide our own
future, and our aboriginal rights and treaties will be protected
under the Canadian Constitution if we agree to their self
government proposal. The truth is, they will only transfer
administrative responsibility and reduce their fiduciary
obligation to us. They are working to have provinces take over
health care services for Indian people.
This will place hardships on our people who are already
having financial difficulties. Many of our people will be
Jorced to pay health insurance premiums as an example. If
payments can’t be met, families will not get health care
because doctors, dentists, optometrists, clinics, or hospitals
will not accept them without financial guarantees.
NON-INSURED HEALTH BENEFITS LEVELS;
In 1994 -1995 fiscal year, Medical Services Branch
reviewed all the Indian health programs and services. They
looked at how programs were benefitting the health of your
communities and decided that hospital services was a low
priority of health care services because it is an insured service
available through the provincial health care system.
They proposed to cut off your coverage for
physiotherapy, psychotherapy, podiatry, chiropractic and other
services. The think they can phase in the elimination of Mental
Health fee-for- service charges and decrease your Eye Glass
service in adults from 2 to 3 years (except where medically
necessary). They plan to remove your over-the-counter drugs
services and to eliminate orthodontics.
For years, transportation services for patients has been a
problem between Indian Bands and Medical Services. It has
always been a bare-bones operation and yet they propose to
change the rules by limiting funds for this service.
While the levels of Non-Insured Benefits is of concern to
Indian Bands and Tribal Councils which handle their own
health programs, every status Indian person will be affected
by cut off to services mentioned above. Tribal Councils who
run their own hospitals will be caught with no funds and
many of our people will be denied access to hospital care.
NON-INSURED HEALTH BENEFICIARIES;
Medical Services Branch is planning to cut-off N.I.H.B.
to the off-reserve status Indians on April 1, 1996, They say you
will become the responsibility of the provinces. M.S.B. report
that costs for this service has increased due to population
growth. This increase occurred because thousands of Indian
people were reinstated under the Indian Act due to Bill C-31.
In 1985 the Department of Indian Affairs under-estimated the
number of aboriginal people seeking redress from
enfranchisement which created a problem of finding triple the
funding every Indian Band needed for housing, education, child
care, social welfare and health services.
UBCIC NEWS
The Federal Government has legal, political and moral
responsibilities to you no matter where you live. It is a fact
that because you live off-reserve for different reasons, you
already lose many of your rights. If you keep silent on
Medical Services goals to trim their budget by terminating
medical services to you and your family, they will succeed
in terminating your inherent jurisdiction. Chiefs and
Councils, Tribal and Native Leaders must actively fight for
our political rights on this issue.
NON-INSURED HEALTH BENEFITS TO STATUS
INDIANS ON-RESERVE AND WHO ARE ON SOCIAL
ASSISTANCE:
The Department of Indian Affairs has a Social
Assistance program. It has never been known to inject quality
of care and services and its ratio of funding always
outnumbered the cost of economic development and self-
sufficiency in Indian communities. And yet, Medical Services
Branch want us to believe that if they provide Non-Insured
Health Benefits to on-reserve social assistance recipients, they
would save money by combining cost of this service with the
Social Assistance program of the D.I.A. This is very restrictive.
Again, Medical Services is using the population equation to off-
load your rights to the provinces. Indian Affairs created the
problem from enfranchisement but expect us to solve our own
problems with no money, less staff, and in less time.
For Medical Services to strictly limit the NIHB to only
Indian people on Social Assistance and only living on
reserve is divisive. It is a termination of policy which is
against your constitutional and human rights. The
Government is dictating that you must be on Social
Assistance in order to receive NIHB. The government is not
giving your leaders the kind of time needed to address this
vital issue comprehensively.
The Aboriginal Right to health is a right to health care. It is
derived from our Nations’ inherent sovereignty and unextinguished
Aboriginal Title. It reflects our peoples’ philosophy and ideology.
It is an inseparable and inalienable aspect of our peoples’ unbroken
connection to Mother Earth and our unextinguished ownership of
our traditional territories and resources.
The right to health encompasses our peoples’ nght to
physical, spiritual, mental and social well-being. It is our right, not
merely to survive, but to thrive — as individuals, communities and
nations. It is our right in international law to achieve the highest
attainable standards in all health areas.
Aboriginal rights are seen as a Sacred Trust between the
citizens of Indian Nations. Our Leaders recognize our citizenship
whether we live on or off reserve, within Canada or outside
Canada. Our Aboriginal rights are entrusted to us to uphold and
protect for the mutual benefit of all our peoples, and for those yet
unborn.
UNION OF B.C. INDIAN CHIEFS
POSITION @-
THE ABORIGINAL RIGHT TO HEALTH
WINTER 1996
UBCIC NEWS
PRESS RELEASE
Canadian Federation of Students
DAY EIGHT OF THE HUNGER STRIKE
Friday February 23. 1996
OTTAWA - Aboriginal students in British Columbia are entering their eighth day of the hunger strike and the
Minister of Indian and Northern Affairs has not yet responded.
The students, who have set up tents in the University of Victoria Student Union Building, await a response from
the federal government regarding the budget, Penny Katzel, Aboriginal Student Liaison for the British
Columbia component of the Canadian Federation of Students stated that, “‘We want to be assured that the
federal budget will include an increase in aboriginal students support to compensate for the tuition increases that
are a result of the implementation of the Canada Health and Social Transfer.”’
The students are protesting inadequate funding for this federal government’s Aboriginal Post Secondary Student
Support Program. This program is supposed to fund aboriginal students post-secondary education expenses,
including tuition, text books, and living costs; however, this program is not currently providing adequate funds
for the number of students applying to access this program, nor does it accurately reflect the actual cost of
living. This program was implemented in 1989 and has not been up-dated since.
**I am concerned that there hasn’t been response from the government on this issue. There is a
growing concern for the health of these students who have been without food for over a week’’ expresses Renee
Shilling, Aboriginal Students Representative for the Canadian Federation of Students. ‘‘Education is an
inherent Aboriginal and Treaty Right and these students have very legitimate concerns about the commitment of
the federal government. Aboriginal education is already severely under-funded and we are concerned that the
tuition increases will put further pressure on the administering organization which already have long waiting
lists. This has become much more than an access issue, especially when the federal government is
creating it’s own barriers with their cuts to social programs.
There is growing support for the students from organizations such as the Assembly of First Nations and the
Union of B.C. Indian Chiefs. There will be an organizing meeting in Vancouver on Tuesday to plan a protest at
the Regional Office of the Department of Indian and Northern Development. ‘“We are prepared to do whatever
it takes to make sure that our RIGHTS are upheld. We don’t want to see tactics and policies like the 1969
White Paper’’ claims Dan Daigle, Aboriginal Students Commissioner for the King Edward Student Association
and organizer of the Vancouver protest.
*“The Hunger Strike is a result of the federal government continuing to renege on it’s constitutional
responsibility to provide education for First Nations People,’’ added Katzel. “‘We will continue until we receive
word from the Minister of Indian Affairs, Ron Irwin, that there will be a substantial increase in funding for
aboriginal post-secondary students in the coming budget.”’
For more information, contact:
Penny Katzel - phone (604) 920-8728 message (604) 721-7884
Dan Daigle - phone (604) 871-7146 fax (604) 872-4875
The Canadian Federation of Students, Canada’s national organization, was formed in 1981 and represents more
than 40,000 students at colleges and post-secondary institutions across the country.
EDUCATION IS A RIGHT, NOT A PRIVILEDGE!
4 WINTER 1996
UBCIC NEWS
Union of B.C. Indian Chiefs In Support of Hunger Strike
VANCOUVER, B.C. -- February 28, 1996. The Union of B.C.
Indian Chiefs have been in contact with the students who are
completing their 13th day of a Hunger Strike to protest the
cutbacks to education. There has been no response or inquiry
from the federal or provincial governments as to their condition
or requests they might have. Ron Irwin, Minister of Indian and
Northern Affairs has ignored numerous faxes, phone calls and
letters from B.C. and across Canada with regards to Education
cutbacks. Out of the five students who continue on the Hunger
Strike, three are non-First Nations students.
In 1987, the federal government imposed a cap on assistance
funding, thereby limiting the number of native students who can
pursue post-secondary education and leaving the difficult
decision as to who will receive support. This cap in funding
comes at a time when the demands of native peoples for post-
secondary education is rising. On Wednesday March 6, 1996,
the Federal Budget is expected to be released which will
confirm funding levels. Chief Saul Terry explains, ‘“This is not
only a First Nations fight for education, this is going to effect
everyone across Canada. Every person has the right to equal
treatment without being discriminated against because of race,
national or ethnic origin, religion, political belief or socio-
economic background. We have to stand united, for too long
there has been barriers for the same objectives.’’
Support these hunger strikers, and all students by phoning or
faxing your Minister of Parliament, the Minister of Skills
Training & Labour fax: (604) 387-3200, Minister of Aboriginal
Affairs, fax: (604) 356-1124, Minister of Health, fax (604) 387-
3696 or the Canadian Federation of Students, fax (604) 733-
1880
-30-
Contact: Jennie Blankinship or Millie Poplar (604) 684-0231
UBCIC NEWSLETTER DEADLINE @
The deadline for the next Newsletter has been set for March 29,
1996. If you have any information that you would like to see in
the next edition of the UBCIC NEWSLETTER, send by mail
mail or fax to:
UBCIC NEWSLETTER
Sth Floor - 342 Water Street
Vancouver, B.C. V6B 1B6
Phone: (604) 684-0231
Fax: (604) 684-5726
Students Demonstrate at Vancouver Hotel on
Education Funding Crises
March 1, 1996 - Vancouver, B.C. -- Education is an aboriginal and
treaty right of Indian Peoples. This means that full federal funding
is due for all our citizens as long as they meet the entrance
requirements as may be established by our Bands and the receiving
institution. For much too long, the federal government has denied
our rights. This non-recognition must cease.
In 1989, Indian students went on a national hunger strike over the
capping of education funds. Since that year the waiting list has
become greater. A recent study by the Canadian Federation of
Students indicates that the real need of status Indian students in
British Columbia for this year alone falls short by 4.7 million
dollars.
Once again we have a student hunger strike. This time it also
involves members of the Canadian Federation of Students. Their
hunger strike is now well into its third week. Going without food
is a very Serious action.
For this reason, other students have pledged their support and are
demonstrating today at the Vancouver Hotel. This is to remind
federal politicians of their obligations for ““Indians and lands
reserved for Indians,”’ especially their obligation to fund education
opportunities for all our peoples.
The handful of students at the University of Victoria have sounded
the alarm through their hunger strike -- this alarm is being
amplified by the demonstration at the Vancouver Hotel.
The issue today is that the right of education of Indian Peoples is
being threatened with termination by the federal government and
the right to education of Canadians generally is being seriously
compromised as well.
The Union of B.C. Indian Chiefs will continue to support the
struggle of our Peoples to have our constitutional night of education
recognized and respected by the Government of Canada.
Put your pens to hand, pick up your placards and put on your
marching shoes -- the rights of our Peoples are at stake.
-30-
Contact: Chief Saul Terry
President, UBCIC
(604) 684-0231
WINTER 1996
UBCIC NEWS
Education Update
Chiefs, Council and Education Coordinators expressed
their concerns on education cutbacks to John Watson and John
Ellis on FEBRUARY 14, 1996 at the Department of Indian
Affairs, Vancouver. Again, Watson and Ellis claimed that
there are no cutbacks in Indian Education! ‘‘Reviewing the
Nominal Roll Watson stated, will reflect increases. We are
accountable to the Attorney General and the Audit General. We
have to prove that the moneys are being spent on education,’’
The response to this comments was, ““It towards the First
nations people that the government should be accountable to,
they have a fiduciary responsibility to provide education to all of
us. There is evidence that there is insufficient funding give to
our band schools, administration, travel, tuition, living
allowances and health.”’
Many bands have selected to undergo the Nominal Roll
Reviews. They feel this is another tactic to police band operated
and Independent schools. Nominal rolls have to be submitted
annually to the government for funding of each school, whether
it be band operated, independent or public schools. Why then,
are they (government) forcing another Nominal Roll Review on
band operated schools? The government obviously has a hidden
agenda?
A rally took place across Canada, February 7, 1996, in
protest to Education and Health cutbacks and tuition increases.
In Vancouver, approximately 500 First Nations people rallied in
protest. Placards expressed the aggravation and discontentment
towards the government’s plan to cutback. Students from the
Native Education Centre, Langara College, Institute of
Indigenous Government, Simon Fraser University, UBC and
Vancouver Community Colleges attended along with various
native organizations which led the precession down Main Street
past the Vancouver Public Library then onto the Vancouver Art
Gallery. Approximately 5000 students and supporters joined in
protest. The hand drums and singers were placed at the front
lines,
Victoria B.C: Aboriginal students are on a Hunger
Strike at the University of Victoria, in protest of Education
cutbacks. The strike started February 16, 1996 and will proceed
until they hear from Ron Irwin at the Department of Indian
Affairs in Ottawa. A representative, Penny Katzel, stated that
“*Mr. Irwin’s lack of concern for us is no less appalling than his
government’s decision to starve the post-secondary education
system of funds. Mr, Irwin and his Liberal government bear
full responsibility for our health.”’
Allowances: For years the living allowances for first nations
students have been capped to a level below the standard of
living. The last update to the Federal Government Allowances -
Living Costs was in 1989,
The government determines how much it will spend on
aboriginal education, then divides it up amongst eligible bands.
The number of students from each band is not factored in nor is
the actual cost per student. Bands are faced with choosing
students and funding them at different levels. Potential students
are turned away or they are underfunded to allow more spaces.
First Nations people have a fundamental right to
education, whether it be pre-school, K-12, ABE, Special Needs,
technical or post-secondary. The government has a fiduciary
responsibility to provide education. We have a right to demand
higher funding and for the unpaid educational costs for the
number of student currently enrolled as well as the expected
increase in tuition fee levels for 1996/1997, which is an
additional $8.3 million for B.C.
LIVING ALLOWANCE FOR FIRST NATION STUDENTS
STUDENTS MONTHLY ALLOWANCE 8 MONTHS
Single living with employed parent $290 $2,320
Single, independent $675 $5,400
Married with working spouse $675 $5,400
* with 1 dependent $850 $6,800
* with 2 dependants $1,030 $8,240
* with 3 added dependants $1,205 $9,640
Married with dependent spouse $895 37,160
* with one added dependent $1,045 $8,360
* with two added dependants $1,205 $9,640
* with three added dependants $1,355 $10,840
Single Parent
* with one dependent $1,045 $8,360
* with two dependants $1,205 $9,640
* with three dependent $1,355 $10,340
* Source: Aboriginal Post-Secondary Education: Making a Case for More Funding
Canadian Federation of Students, University of Victoria Native Student Union, December 1995.
WINTER 1996
UBCIC NEWS
Legal Update -
Regina vs Jack, John & John; Regina v. Sampson & Elliot; and Regina vy. Little
Fishing Cases
Memorandum
Date: January 3, 1996
From: Brenda Gaertner and Louise Mandell
Re: Case Comment on Regina v. Jack, John & John, Regina v.
Sampson and Elliot, and Regina vy. Little
Analysis
These three unanimous decisions of the 2CCA clearly
establish that:
1, DFO’s reliance on conservation concerns in order to close the
terminal aboriginal fisheries of weak stocks, while zJowing those
stocks to be fished by the commercial or sports fisterman while
they are intermingled with other stocks does rot meet the
constitutional priority for the aboriginal fishery confirmed by
Overview
The decisions of the
B.C. Court of Appeal
(‘““BCCA’’) in these three
fishing appeals were released
on December 20th, 1995. In
each decision the Court ruled
unanimously in favour of the
aboriginal/treaty right
asserted. Each case challenged
DFO’s method of managing
mixed stock fisheries, in
particular DFO’s habit of
closing for conservation
purposes the terminal
aboriginal fishery, while
allowing the commercial and/
or sports fishery access to those
UNION OF B.C. INDIAN CHIEFS
Attention: Chief Saul Terry
Re: Fishing Cases: Regina y. Jack, John & John; Regina y. Sampson &
Elliott; and Regina y. Little
We are pleased to report to you regarding three decisions of the B.C. Court of
Appeal in fishing appeals which we were released on December 20, 1995. The
Court ruled unanimously in favour of the aboriginal and treaty nghts which were
in issue. These cases involve the mixed stock fishery. DFO’s practice has been
to allow commercial and/or sports fishery to access to the weak stocks while they
co-mingle with other stocks. When the weak stocks return to their rivers to spawn,
closures on fishing are then imposed by DFO for conservation purposes. This
practice has resulted in the ‘‘inadvertent’’ destruction of genetically distinct
stocks as sell as charges laid against Indian fishermen who fish from the rivers.
The B.C. Court of Appeal held that the Crown cannot justify the closure under
Sparrow. While this
priority mevnotmean that
DFO has 2 close down
completely the
interceptica fisheries,
DFO does have the
obligation t implement
a system wich conforms
to the priorzy established
by Sparrow.
2. The Corn will analyze
how that prority has been
met on a ra basis. It is
not sufficient for the
Crown to reyupon claims
that DFO 1as generally
met the food fish
requirements of the
same weak stocks while they ‘ pinal
are commingled/mixed with those circumstances and found the Indian fishermen ‘‘not guilty”’ a oe meat
other stocks. Because of the importance of these decisions to your people, we have . -. &
in. ; . . consultatic: imposed on
The BCCA decisions provided a summary of the cases for your information. We would be pleased to DFO by Spzrow includes
provide an analysis of the | answer any questions which may arise. .
ce : : : a duty on DFO to ensure
justification test established in that the abcriginal group
Sparrow. TheCourtconfirmed | Yours very tuly, ; ; ;
; is provided with full
that there is a heavy burden : :
al, . information on the
placed on the Crown to justify | Mandell Pinder ete: ;
infringements to aboriginal/ Louise Mandell, Barrister & Solicitor i
1 § , its effect nct only on the
treaty fishing rights, that the
closure of terminal fisheries while allowing commercial or sports
fisheries access to those runs fail to meet the priority of the
aboriginal/treaty fishing right confirmed by Sparrow.
The Court also concluded that consultation requirements
established in Sparrow must include disclosure of all conservation
measures which are to be implemented and to advise regarding the
effect such proposed measures will have on the First Nations
concerned. DFO has a duty to fully inform itself of the fishing
practices of the First Nation and their views of the conservation
measures. These consultation duties of DFO must occur before the
proposed conservation measures are implemented.
aboriginal group but also on other user proups.
4, Consultation includes a positive duty on DFO t fully inform
itself of the fishing practises of the aboriginal group aad their views
of the conservation measures.
These conclusions should greatly assist Ge efforts of
aboriginal people in negotiations regarding fishing rians that will
ensure that on a run by run basis sufficient returns i the river are
made not only to meet the necessary escapement bit also to meet
the fishing requirements of the aboriginal peope It is not
sufficient for DFO to simply substiute either access te-cther fishing
runs or other fish.
WINTERTVIG
UBCIC NEWS
SACRED ASSEMBLY
Reconciliation Proclamation
We, the delegates to Sacred Assembly "95, gathered together in Hull, Quebec on December 6-9, 1995, having come from
the four corners of this land ~ East, West, North, and South — and having brought with us diverse spiritual backgrounds
and having listened to and prayed with Elders, spiritual leaders and with each other, are now able to assert the following:
We share, as part of our common spiritual foundation, the belief that:
the Creator God reigns supreme over all things:
the land on which we live was created for the benefit of all:
as the original inhabitants of this land, Aboriginal peoples have a special right and responsibility to ensure
the continuing integrity of the land and the unity and well-being of its inhabitants: and
non-Aboriginal Canadians also share in these responsibilities.
We, share the recognition
that reconciliation between Aboriginal and non-Aboriginal Canadians must be rooted in a spiritual
understanding of land as a gift from the Creator God:
the sins of injustice which have historically divided Aboriginal and non-Aboriginal peoples remain active
in our society today:
concrete actions must be taken by Aboriginal and non-Aboriginal peoples alike to overcome
these injustices and to bind up the wounds of those who have suffered:
We share an understanding
that the starting point for healing and reconciliation lies in personal communion with the Creator God:
while change must take place at all levels of society, it must be rooted most firmly in the communities:
and
relations based on justice will require respect for past treaties, a fair settlement of land rights disputes, the
implementation of the inherent right of self-government and the creation of economic development
opportunities and other institutions to support it.
We have a commitment
As individuals:
to seek the personal guidance and counsel of Eiders and spiritual leaders in order to walk more closely
with the Creator God:
to return to our communities and develop ways to continue the process of healing and reconciliation that
has begun at Sacred Assembly ’95:
to continue to explore with each other our sacred foundations, in order to bring about spiritual
reconciliation, Aboriginal justice and the fulfillment of political responsibilities in this country:
to continue to respect the difference in our spiritual journeys, even as we seek to discover the common
Spiritual link between us.
As churches and faith communities:
to continue the process of healing and reconciliation with Aboriginal peoples, by providing the forums
and supports needed to heal the wounds created in the past:
to become stronger advocates for justice and reconciliation in current and future public affairs, and to hold
our governments accountable for their implementation of just policies:
to recommit ourselves to a program of education and action on issues relation to land rights,
self-government, economic development and racism.
As First Nations and Aboriginal communities and organizations:
to work towards healing and reconciliation within our own communities:
to accept the challenge issued by our Youth to create an environment in our communities that encourages
a healthy view of oneself and respect for others, and which also addresses community conflicts that
prevent Youth from finding their path.
5 WINTER 1996
RESOURCE CENTRE NEWS
First Nation Women - Bibliography
Our apologies for promising a bibliography of books and
videos about First Nation women in the last issue of the Newsletter
and then not including it. The bibliography which was supposed
to have been inserted in the Newsletter before it was mailed out was
not included. It is in this issue. Ifyou have any questions about the
books or videos in the bibliography, please call or fax us.
Where to Get Native Books & Videos
Staff in the band school, tribal council, and cultural centre
libraries often wonder where to acquire books and videos for their
collections. The following is a list of book and video vendors who
deal exclusively with Canadian and American native materials.
Getting on their mailing list for catalogues and new publication
announcements can make it easier to keep up on what is being
published and can make it easier to order. In addition, library staff
should try to scan newspapers (native and non-native) for mention
of reports and other new materials not available from standard
publishing companies. You can also ask particular government
departments and provincial ministries to put your organization on
their mailing list for reports etc. released to the public. It is best to
contact the Communications branch within departments or
ministries as they usually handle the public dissemination of
information.
Call or fax these vendors and ask to receive their catalogues
which include books, cassettes, videos and CDs:
Mohawk Nation Book and Magazine Store
P.O. Box 645
Mohawk Territory
Kahnawake, Quebec JOL IBO
Phone: (514)638-4016 Fax: (514)638-5639
Specializing in native literature of all types on all topics
The Native Book List
#96125 11th Street S.E.
Calgary, Alberta T2H 2L6
Phone: 1-800-360-8826 (toll free)
Extensive list of discounted books, cassettes, CDs, and videos by
and about First Nations,
Inuit, and Metis people
The Native Book Centre
150 York Hill Blvd.
Thornhill, Ontario L4J 2P6
Phone: (905)881-7804 Fax: (905)881-7808
Books with an authentic perspective on the aboriginal peoples of
Canada and the United States
Northwest Coast Book & Art Company
Box 436, 720 Highway 33
Queen Charlotte City, B.C. VOT 180
Phone: (604)559-4681 Fax: (604)559-8643
By and about Indians of the Northwest Coast. Extensive lists of
new, out-of-print, and rare books.
UBCIC NEWS
Sharing Strength Within a Talking
Circle
The traditional ‘‘Talking Circle’’ is a very old way of
bringing Native People, of all ages, together in a quite,
respectful manner for the purposes of teaching, listening, learning,
and sharing, When approached in the proper way, the circle can
be a very powerful means of touching or bringing some degree of
healing to the mind, heart, the body or the spirit.
Within this Sacred Circle we are encouraged to speak not
only from the mind, but from the heart, we are free to share our
innermost feelings if we choose. Regardless of whether one brings
traditional teaching or a personal problem to the circle, all persons
are valued, respected and listened to. There is an Indian belief of:
right time / right place / nght people / hearing right things and we
rely on that belief within the circle.
The traditional ‘‘Talking Circle’’ is a very old way of
bringing Native People, of all ages, together in a quiet,
respectful manner for the purposes of teaching, listening, learning,
and sharing. When approached in the proper way, the circle can
be a very powerful means of touching or bringing some degree of
healing to the mind, the heart, the body or the spirit. One could
call it a very effective form of Native group-therapy.
The circle leader, teacher or facilitator begms by passing
around sweet grass, cedar, or sage, so that the participants may
“*smudge’’ themselves. We have been taught by our ancestors that
these Sacred Herbs have a purifying effect upon our total being.
As the smoke from the herbs surround us, we are better able to
connect on many levels with the others, within the circle, within
ourselves and with that we are about to experience.
The group leader (or a volunteer) will then open the circle
with a prayer. The circle is now in the hands of the Great Spirit,
Grandfather, God, or whatever one chooses to call that higher
power. The leader might next have the people shake hands to
acknowledge each other. It is a good thing to do, especially if this
is anew circle of people.
The group leader then begins to ‘*Talk to the People’’
without interruption, talking to no one person, but to all who are
present. All are expected to listen respectfully until the speaker is
finished. All who sit within the circle will have an opportunity to
express themselves if they choose or they may simply listen, but all
who speak will be given the same respect. They will be listened
to.
The group leader and most likely others within the circle,
may bring eagle feathers or stones or other sacred objects which
are passed and shared. We believe these sacred things to be
helpers in furthering our connections to spirits and to our higher
selves, they help us listen, they aid in our learning.
When all have spoken, anyone may request that this be a
“*closed circle’’, that all that has been said and the identities of the
participants shall be confidential. If no one requests a closed
circle, all may freely share what they have learned.
The circle is closed with a prayer. So in this old way we
have come together again to teach, to learn, to touch each other’s
spirit, that we may find strength to live in these two worlds, that
our people may live.
Elder Glen Douglas
WINTER 1996
UBCIC NEWS
Environmental Groups take Lubicon Boycott Issue to the
A coalition of environmental
groups from Canada and the United
States have vowed to carry on the
struggle of the Daishowa boycott on an
international level.
A recent decision by the Ontario
Divisional Court has ruled that the
Friends of the Lubicon boycott against
Daishowa is illegal. The court has
granted Daishowa Inc. an interlocutory
injunction, forcing a temporary halt to
the boycott until Daishowa’s case
seeking a permanent injunction can be
heard.
The Friends of the Lubicon began
a consumer boycott in 1991] in order to
help the Lubicon Cree people prevent
clear-cutting on their lands. A Forest
Management Agreement (FMA)
completely blanketing all 10,000 square
kilometers of Lubicon territory is held by
Daishawa Marubeni International’s
subsidiary of the Japanese-owned
Daishowa multi-national logging
company.
“*Consumers have a right to know
that the products they are purchasing are
coming from clear-cut logging and forest
destruction,’’ stated Colleen McCrory,
Chairperson of the Valhalla Wilderness
Society. “‘Clear-cut logging and
International Community
roadbuilding will cause widespread
destruction to Lubicon lands.
Daishowa’s new 1,000 metric ton/day
pulp mill will need vast forested areas of
the Lubicon’s traditional territory which
will clear-cut 11,000 trees each day or
approximately 4 million trees each
year.”’
The Lubicon people have already
been suffering severe hardship as a result
of the environmental damage inflicted
upon their lands by the oil and gas
industry.
Daishowa Director of Corporate
Development, Tom Cochrane was quoted
in the Toronto Varsity News on February
8th, 1996 as saying “‘the Friends of the
Lubicon think the livelihood of a
hundred families is worth sacrificing for
giving some Indians some land nghts.’’
“‘We are shocked by this blatantly
racist remark by a Daishowa
representative,’ said Grey Jones,
Executive Director of Western
Wilderness Committee in Edmonton,
**This kind of racist speech does not
belong in Canada.”’
The Ontario Divisional Court
ruling must be appealed in the highest
court in Canada as it jeopardized the
very foundation of the Canadian people’s
February 23, 1996
basic democratic rights,’’ said McCrory.
“Environmental groups in
Canada and the United States will take
this issue to the International community
in support of the Lubicon people and the
boycott of Daishowa. We will be asking
groups in the United States to help the
Lubicon. There is already a well
organized boycott of Mitsubishi across
the U.S.,”’ stated Chris Genovali, of the
U.S. Pacific Environment & Resources
Center.
Genovali said, ‘“PERC is
interested in protecting the boreal forest
worldwide. We thought Canada was a
very democratic country, but after seeing
first hand the hardship of the Lubicon
and then hearing of this court ruling, we
are very concerned. We wil! be watching
this issue very closely.’’
Contact:
Colleeen McCrory / Vahalla Wilderness
Society (604) 358-2333
Grey Jones / Western Canada Wilderness
Society Committee (403) 433-5323
Chris Genovali / Public Environmental
Resource Centre, (604) 388-9292
Penticton Indian Band - Press Statement
Sunday, January 28, 1996
The Penticton Indian Band rejects Minister of Indian Affairs, Ron Irwin’s recent statement that the Native unrest of 1995 and any
potential future Native unrest shall be linked to the lack of progress of the B.C. Treaty Commission. We find Irwin’s statement to
be totally ludicrous and completely without foundation.
The Adam’s Lake Band, the Upper Nicola Band, the Penticton Indian Band and the people who were involved in
the Gustafsen Lake standoff are unanimous in their opposition to the B.C. Treaty Commission process. Further, it
should be noted that approximately 80 Native communities throughout the province do not support the B.C. Treaty process.
Any suggestion that these communities would become engaged in a Native uprising’’ in the event that the B.C. Treaty Commission
doesn’t ‘fast track’ the settlement process is totally ridiculous.
If Minister Irwin’s recent statement reflects his comprehension of these critical matters, he should be immediately terminated!!
Contact: Stewart Phillip (604) 493-3924
(604) 493-0048
10
WINTER 1996
UBCIC NEWS
Lightkeepers Applaud Provincial Move
To Keep Lightstations Staffed
January 9, 1996
Vancouver -- B.C.’s lightkeepers are applauding the efforts of
Minister Glen Clark as he announced today the provincial
government’s intention to meet with the federal government in
order to discuss alternative solutions to the destaffing of any of
B.C.’s 35 staffed lightstations.
**My discussions with the Premier and Minister Clark
regarding a provincial ‘‘takeover’’ of west coast lightstations
began almost a year ago,’’ said Jim Abram, president of PSAC
local 20232 representing B.C. lightkeepers. ““These talks have
resulted in a letter to federal fisheries minister Brian Tobin
from Minister Clark expressing an intent to negotiate a
provincial solution to this 10 year old problem.”’
The public and affected user groups including organized
labour, local governments, First Nations communities and
federal and provincial politicians, have participated in
numerous consultations and lobbied extensively to convince the
federal government of the necessity of a staffed presence on the
lightstations in order to continue delivering essential safety
services. These services will be lost if destaffing occurs.
While Minister Tobin did re-investigate the issue when
he took over Canadian Coast Guard in the spring of 1994, he
later announced plans to proceed with destaffing, beginning
with eight in B.C. this year. Since receipt of Minister Clark’s
letter, staff in Tobin’s office and Commissioner John Thomas,
Coast Guard’s senior bureaucrat, have confirmed their desire to
discuss alternative solutions with the provincial government so
that the lightstations will remain staffed.
“It is imperative that the one condition stated by
Minister Clark in his December 21, 1995 letter to Minister
Tobin be put into effect immediately, that is, the provincial
government’s expectations that all destaffing implementation
plans be stopped until agreement is reached,’’ emphasized
Abram. ‘“‘It would be irresponsible of Coast Guard to spend
money unnecessarily to implement a plan that could be
extinguished with the signing of a provincial/federal
agreement.”’
“*Through all the help we have received from Minister
Clark, Minister Gabelmann, Premier Harcourt and their staffs,
we are finally working effectively and cooperatively on a
permanent solution to the service delivery needs of our marine
and aviation clients,’’ Abram concluded. ‘‘This is an incredible
breakthrough brought out by ongoing efforts of user groups,
lightkeepers, the provincial government and others. I look
forward to continuing the work with the province and the
federal government to establish a successful and lasting
conclusion.”’
-30-
Contact:
Jim Abram, Cape Mudge Lightstation
Cell: (604) 830-8005
Phone: (604) 687-1128
ON THE MOVE...
CHIEFS MASK BOOKSTORE
has relocated to:
5th Floor -342 Water Street
Vancouver, B.C.
V6B 1B6
Phone (604) 684-0231
Fax (604) 684-5726
Now serving the Institute of Indigenous Government as a
Campus Bookstore
THE VANCOUVER ABORIGINAL JUSTICE
CENTRE SOCIETY
has relocated to:
191 Alexander Street (at Main Street)
Vancouver, B.C.
Phone (604) 684-2121
Fax (604) 684-2177
KEKINOW NATIVE HOUSING SOCIETY
has relocated to:
#1014-7445 132nd Street
Surrey, B.C.
LOGO CONTEST
INSTITUTE OF INDIGENOUS GOVERNMENT
There 1s an open competition for which young Indigenous
persons are especially invited to enter. The logo should
appropriately represent the Institute's status, goals and
functions. Entries will be judged by a panel appointed by
the Board of Governenors and will be announced in late
May, An honorarium of $1500 will be awarded to the
first place entry. In the event the contest winner is under
the age of 19, the above said honorarium shall be put into
an interest bearing trust account until he/she reaches the
age of majority. Completed entries must be received at
the ITG's Vancovuer Campus no later than April 30,
1996.
For detailed information contact Laurie Sterritt:
Institute of Indigenous Government
3rd Floor - 342 Water Street
Vancouver, B.C. V6B 1B6
Tel: (604) 602-9555 Fax: (604) 602-3400
WINTER 1996
11
UBCIC NEWS
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CONSIGNMENT ITEMS ACCEPTED
12
WINTER 1996
new titles new titles new titles new titles new titles
AVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVYV
Indigenous Women:
A Select Bibliography of New Titles in the Resource Centre
Union of B. C. Indian Chiefs / IIG Resource Centre
AVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAVAY
Aboriginal women in Canada [videorecording] / produced by Ironstar Communications.
—~ Oakville, Ontario : Magic Lantern Communications [distributor], 1991.
The Colour of resistance : a contemporary collection of writing by Aboriginal
women / anthologised by Connie Fife. — Toronto : Sister Vision Press, 1993.
ISBN 0-920813-62-3 (paperbacks)
Doctor, lawyer, Indian chief [videorecording] / Carol Geddes, director ; Barbara Janes,
producer. -- Montreal : National Film Board of Canada, 1986.
Enough is enough : Aboriginal women speak out / as told to Janet Silman. — Toronto:
Women’s Press, 1987. ISBN 0-88961-119-X (paperback)
From a Native daughter : colonialism and sovereignty in Hawai’i / Haunani-Kay
Trask. - Monroe, Maine : Common Courage Press, 1993. ISBN 1-56751-009-4 (hardcover)
-~- ISBN 1-56751-008-6 (paperback)
Keepers of the fire [videorecording] / Christine Welsh, director ; Ian herring and Christine
Welsh, producer ; Signe Johansson and Joe MacDonald, NFB producers. -- Montreal :
National Film board of Canada, 1994.
Messengers of the wind : Native women tell their stories / edited by Jane Katz. - New
York: Ballantine Books ; Toronto : Random House of Canada, 1995. ISBN 0-345-39060-1
(hardcover)
The Ways of my grandmothers / Beverly Hungry Wolf. -- New York : William Morrow
and Company, 1980. ISBN 0-688-03665-1 (hardcover)
Women of the Native struggle : portraits and testimony of Native American
women / edited and photographed by Ronnie Farley ; with an introduction by Anna
Lee Walters. - New York : Orion Books, 1993. ISBN 0-517-88113-6 (paperback)
Writing the circle : Native Women of Western Canada / compiled and edited by
Jeanne Perreault and Sylvia Vance ; with a preface by Emman LaRoque. — Edmonton,
Alberta : Newest Publishers, 1993. ISBN 0-920897-88-6 (paperback)
Part of Union of B.C. Indian Chiefs Newsletter (Winter 1996 Edition)