Periodical
Union of B.C. Indian Chiefs Newsletter (October 1997)
- Title
- Union of B.C. Indian Chiefs Newsletter (October 1997)
- Is Part Of
- 1.06-01.08 Union of BC Indian Chiefs Newsletter
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- October 1997
- Language
- english
- Identifier
- 1.06-01.08-08.04
- pages
- 11
- Table Of Contents
-
IN THIS ISSUE...
2. UBCIC Press Releases
Indigenous Peoples Issue
Forum
4. Health Update
7. UBCIC Workshops
8. Resource Centre Update - Contributor
- Chief Saul Terry
- Phil Fontaine
- Type
- periodical
- Transcription (Hover to view)
-
Union of B.C.
Indian Chiefs
NEWSLETTER
"Our Land is Our Future"
29th Annual General Assembly set for October 21, 22, 23, 1997 in
Tsa'kis (Fort Rupert)
It is harvest season and
this will be celebrated with
families on October 13th
weekend. It is a time to gather
the bounty of our lands and
make plans for the upcoming
seasons. The Union of B.C.
Indian Chiefs will be holding
their 29th Annual General
Assembly on October 21, 22
and 23, 1997 at Tsa'kis (Fort
Rupert, B.C.) giving us the
opportunity to meet, reflect and
feast together to celebrate this
past year.
The question is what can
we celebrate? Considering the
fact that the government's
corral is getting smaller and
smaller, leading us to a chute
which many of our people do
not wish to enter. The truth is
our forest, fish and marine and
winged food chains are
dwindling because their
h a b i t a t s are b e i n g
destroyed or poisoned.
Through all this we have
survived. We have also
OCTOBER
1997
survived the systematic
repressive and oppressive
policies of succeeding
governments.
Let me
emphasize that these
policies are disguised as
progressive and are promoted
as such to the general public.
Our peoples are having to
survive within the programs
and policies e s t a b 1 i s h e d
by governments for us. How
these policies impact on our
communities will be reflected
through our annual assembly
theme: "Indian Government:
Present Day Realities and Plans
For The Future".
In spite o f the
continued degrading
policies
by
the
g o v e r n m e n t , let us
celebrate our survival and talk
about practical solutions on
how we, as members of our
respective nations, can protect
our Aboriginal Title for the
future generations.
Let
us
gather
together in a community like
T'sakis in Kwakiutl territory to
hear from knowledgeable
people.
We will share
information on the realities of
true self- determination and
come to understand how it has
been demeaned. The least we
can do is come together to form
our Circle to strengthen our
land rights and preserve it.
SPECIFIC CLAIMS POLICY R E F O R M
UPDATE
D E A D L I N E FOR GRASSROOTS
CONSULTATION NEARING
A proposal has been worked out for a new process for
submitting your specific claims to a "independent claims body".
After extensive negotiations, this reform proposal is now ready to
be presented to communities for their input and feedback. The
window for consultation is very short - only a few weeks. A national
conference will be held in Quebec City in the first week of
November where there will be an opportunity for communities
from the B.C. Region to discuss any regional concerns relating to
this proposal and to raise them at the national table. In the
meantime the' 'working draft'', as it is called, is also on the agenda
of the UBCIC's 29th Annual General Assembly at Fort Rupert on
Tuesday, October 21 st. Anyone wanting more information about
this claims reform proposal is encouraged to attend the UBCIC
AGA and the AFN conference in Quebec City (which will be at
least partly subsidized). Feel free as well to contact Leigh Ogston
at the UBCIC Research Office for more information.
WHAT is this independent
claims body?
The new independent
commission is supposed to do
away with the current conflict
of interest situation where
claims against Canada are being
judged by the Federal
Government. The independent
commission will be established
by legislation, and will have
the authority to make binding
decisions.
IN THIS ISSUE..
2. UBCIC Press Releases
Indigenous Peoples Issues
Forum
4. Health Update
7. UBCIC Workshops
8. Resource Centre Update
SPECIFIC CLAIMS
(Continued on page 3)
1
UBCIC
NEWS
UBCIC
PRESS
RELEASES
INDIGENOUS PEOPLES'
ISSUES FORUM
Vancouver, B.C. - September 5, 1997
Chief Saul Terry, President of the Union of B.C. Indian
Chiefs, in response to the recent agreement between Alcan
Aluminum and the B.C. Government stated that:
The Carrier Sekani people have been sold out by the
government in this deal with Alcan. They were not consulted about
the details of this agreement, yet the government and the corporation
expect them to remain quiet while their fish stocks are devastated.
Once again government and business have shown their complete
disregard for the Indian peoples of this province.
The government talks about "protecting aboriginal rights,"
yet it has no problem signing a deal that gives Alcan control over
90% of the upper river flows, endangering the Nechako River
fisheries. These samefisherieshave sustained the Carrier Sekani
people for many generations. Now this deal will put about 20% of
the upriver runs in danger. Our people have heard all the rhetoric
before from government and industry about protecting the
environment. In striking this deal, they indicate how meaningless
such talk is.
The Union of B.C. Indian Chiefs supports the Carrier
Sekani people in their fight to protect theirfisheriesand their
aboriginal rights.
October 2, 1997
The 1997 People's Summit on A P E C
910-207 West Hastings Street
Vancouver, B.C., Canada V6B 1H7
Tel: (604) 682-1952 Fax: (604) 682-1931
Dear Terre:
It is with regret that I write to inform you that the Union
of B . C . Indian Chiefs will have to withdraw from the
planning process for the 1997 People's Summit on A P E C
Indigenous Peoples' Issues Forum. Our extremely limited
budget has been overtaxed in planning for the Forum. A s
is always the lot o f Indigenous Peoples worldwide,
neither we nor our National and International delegates
can afford to participate in the conference. T o provide
continued labour, materials and administration for the
Indigenous Peoples' Issues Forum would be irresponsible
Vancouver, B.C. -September 12, 1997
Chief Saul Terry, President of the Union of B.C. Indian
Chiefs, on the Slocan Valley hunger strike protests of Jack Ross and
Eloise Dolly Charet, stated that:
Jack Ross and Eloise Dolly Charet were arrested at logging
blockades and have been jailed because they have refused to sign
an undertaking promising not to interfere with logging in the
community watersheds of the Slocan Valley. They are not prepared
to compromise their belief that all people have a fundamental
human right to an adequate clean water supply.
The Union of B.C. Indian Chiefs respects this principled
stand. Our organization, founded in 1969, is based on strong
principles that continue to guide our actions as we fight for our
lands, our rights, and the sustainability of our communities.
Although the Slocan Valley is unceded land that belongs to the
Indian people, we know that many of our non-Aboriginal neighbours
share our belief that all peoples are entitled to clean, safe communities
and the basic necessities of life.
Indian people are no strangers to waterrightsissues in this
province. For many years, the province has systematically
encroached upon our access to adequate water. Logging that
interferes with a community watershed is cause for concern for all
of us. The Union of B.C. Indian Chiefs supports Jack Ross and
Eloise Dolly Charet in their struggle to protect this vital watershed.
to our citizens and our member nations
The limited travel bursaries available will not help people
who have no funds at all, and we do not have the
resources
to
invest
toward
travel,
facilities,
accommodations and coordination in general.
As Indigenous Peoples' representatives, we will advance
timely statements on the issue of A P E C before and during
the Vancouver conference in November. The continued
abuse of land, resources and Indigenous Peoples in their
homelands is not acceptable.
Mildred Poplar and Shauna-Leigh Maloney will facilitate
Indigenous participation in other Issue Forums who
requested Indigenous input.
Yours Truly,
UNION O F B . C . INDIAN CHIEFS
Chief Saul Terry, President
c.c. Chiefs Council of UBCIC
-30-
2
OCTOBER
1997
UBCIC
SPECIFIC CLAIMS POLICY REFORM (Continued from page 1)
WHY are the current specific claims policy and process
being overhauled?
The specific claims process is flawed. The aim of this reform
exercise is to broaden the scope and range of grievances that can
be considered under specific claims policy; it is also intended to
establish a faster and fairer process. The current reform effort is a
direct consequence of the frustration of Indian Governments with
the status quo, and the promise by the Liberal Government in its
1993 Redbook to undertake a major reform of the federal claims
policy on a national basis, in consultation with aboriginal peoples.
WHO is behind this proposal for claims reform?
Intensive technical discussions have been taking place
between the Assembly of First Nations Chiefs Committee on
Claims and the Special Projects Unit, part of DIAND's Specific
Claims Branch, during the course of this year. The UBCIC has been
represented at this table by Neskonlith Chief and Shuswap Nation
Tribal Council Chair Arthur Manuel and Wayne Haimila, who has
been deeply involved with the technical aspects of the claims
reform process since the Summer of Oka. Tzeachten Chief and
Aboriginal Council of B.C. Chair Ken Malloway is also active on
the Chiefs Committee on Claims. B.C.'s interests have been
strongly represented during this claims reform exercise.
NEWS
UBCIC W E L C O M E S THREE N E W
RESEARCH ASSISTANTS
Shauna- Leigh Maloney, Cecilia Sam and Angie Shuter
will be helping the Research Department with the development
of a research manual for non-professional community-based
researchers. Welcome Aboard!
Shauna-Leigh Maloney recently graduated with an
Associates of Arts degreee from the Institute of Indigenous
Government. While there, she acted as a student representative
on the Board of Governors, and spent a summer as a student
policy analyst with the UBCIC. She has also worked with the
First Nations Tribal Justice Institute in Mission, B.C.
Cecilia Sam is a member of the Burns Lake Indian Band.
She is currently completing her Master's degree in sociology at
UBC. Her thesis deals with land losses on reserves, and DIA's
role and responsibilities. Cecilia has taken both the basic
research and RG 10 (DIA's Records at the National Archives of
Canada) workshop offered by the UBCIC Research Department.
Angie Shuter is a member of the Lower Nicola Band.
She has a Bachelor's degree in Sociology/Anthropology with a
minor in archaeology from Simon Fraser University, and she is
currently taking courses at the Institute of Indigenous Government. Angie has experience as a specific claims archival
researcher and has also worked in a museum setting.
UNION OF B.C. INDIAN CHIEFS
WHEN will the Independent Commission and new process
take effect?
The AFN's Chiefs Committee on Claims has been working
to a self-imposed and very tight deadline - April 1, 1998. Because
the goal is an independent claims commission with a legislated
mandate, it will be necessary for DIAND to make a submission to
Cabinet. This submission must be made as soon as possible if the
deadline is to be met. The window of opportunity for crucial
grassroots feedback is small. The AFN's national claims reform
assembly in thefirstweek ofNovember will present the draft claims
reform proposal to Chiefs, seek their feedback and secure direction
to proceed.
29th Annual General Assembly
"INDIAN G O V E R N M E N T : Present Day
Realities and Plans for the Future"
You are Cordially
Invited
October 21, 22, 23, 1997
U'gwamalis Hall
Tsa'kis (Fort Rupert)
WHAT concerns does the UBCIC have about this draft
proposal?
The UBCIC resolutely supports the idea of a truly
independent claims commission with the legislated authority to
make binding determinations and so has participated in the
development of the current "'working draft". It has spoken out
vigorously on the Chiefs Committee on Claims about the need
for thorough and extensive consultation within the B.C. region.
It has also expressed concerns about "joint" research approach
being aggressively promoted by the Federal Government. The
UBCIC believes that Indian Governments must be able to access
funding and resources to develop their claims issues to the point
of submission to the new independent claims commission
without Federal Government interference.
OCTOBER
1997
Contacts:
Union of BC Indian Chiefs - Mildred Poplar (604) 684-0231
Kwakiutl Indian Band - David Hunt (250) 949-6012
3
UBCIC
NEWS
Health
Update
National Health and Welfare announced its downsizing
program to bring down the country's deficit in '94-'95 fiscal
year. The Medical Services Branch in every region were
expected to make changes to all of its health programs but the
Union of B.C. Indian Chiefs addressed only changes to the
Non-Insured Health Benefits (N.I.H.B.) program and reported
this fact to aboriginal people, both on and off reserve in British
Columbia in 1996.
The Union of Chiefs Position on Aboriginal Right to
health care is:
"The Aboriginal Right to health is a right to health care. It
is derived from our Nation's inherent sovereignty and
unextinguished Aboriginal Title. It reflects our People's
philosophy and ideology. It is an inseparable and inalienable
aspect of our People's unbroken connection to Mother Earth
and our unextinguished
ownership of our
traditional
territories and resources. The right to health encompasses
our People's right 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''.
The Non-Insured Health Benefits program is one of the
fundamental services provided to Indian people. They cover
Medical Insurance Premiums; Drugs; Supplies and Equipment;
Dental Care; Vision Care and Transportation. These health
benefits cover medical services for the purpose of maintaining
our health, preventing disease, diagnosing or treating an
illness, injury or disability.
[Not only is cutback or changes to health programs such as the
N.I.H.B dangerous to the rights of aboriginal communities,
but the health transfer is being used to terminate Crown's
obligation to Indian nations]
HEALTH TRANSFER
Information on this update is obtained from the First
Nations Health Secretariat report to the 18th Annual General
Assembly of the Assembly of First Nations.
There is no formal national process between First
Nations and Medical Services Branch, Health Canada for
First Nations' control of Indian health programs. There arc
regional co-management or bilateral processes for decision-
4
making on setting priorities m health. This is the exact strategy
developed by the Department of Indian and Northern Affairs
to settle self-government band by band through these kinds of
processes. The reaction by Indian Bands in changes to their
health programs was based on their position that the Federal
Government has legal and fiduciary obligation to provide
health services to their people based on their aboriginal and
treaty right to health. This position has not changed for our
people but the treaty rights issue and unresolved fiduciary
relationship concerning First Nations health remain at a
standstill. A.F.N,
state that First Nations now know that
within a health transfer agreement, it is the legal opinion of
Health Canada that there is diminishment of federal
fiduciary
responsibility.
Every Indian Band should be aware that transfer
agreements between the federal and provincial governments
affect their communities in some way. In the case of Canada
Health and Social Transfer reform based on cutbacks in
spending, provinical health budgets will be affected. Services
to First Nations will likely fall to the new lower levels provided
by the provinces for their own citizens. As provinces cut back
on general health services, Medical Services Branch likely will
match these lower levels of services and apply them to First
Nations. The provinces maintain their position that the federal
government is responsible for health services to First Nations
regardless of their residence but this does not stop federal offloading to provinces.
Recommendation.
That the Union of B.C. Indian Chiefs give notice to
the Government of Canada their Position on Canada-Crown
relationship which gives the Crown prime responsibility for
health services to Indian Nations; that National Health and
Welfare does not have the authority to relieve the Crown of
its obligations to Indian Nations through co-management
practices or the transfer of health process, unless Indian
Nations give their consent; that a mandate be given to the
Assembly of First Nations to continue to seek recognition
of treaty and aboriginal right to health; that the Union of
B . C . Indian Chiefs inform Indian Bands in British
Columbia of the dangers in agreeing to health transfer
programs.
NON-INSURED H E A L T H BENEFITS
Changes are made to federally funded programs for
either of two reasons: deficit control or program management.
In the case of Indian programs, when government departments
are criticized by the Auditor-General to improve on their
management techniques, use this reason as an excuse to
change the Indian/Crown relations rather than improve
management of the program. In 1993 the Auditor-General
chastised Medical Services Branch for mismanagement of the
H E A L T H UPDATE (Continued on page 5)
OCTOBER
1997
UBCIC
H E A L T H UPDATE (Continued from page 4)
N.I.H.B. monies, unclear mandates and regional variations in
benefits and benefit levels. Rather than improve staff
management of the NIHB program, MSB made drastic changes
short of violating the human rights of Indian peoples. The
same could be said about the 1985 Auditor-General criticism
of Indian Affairs for mismanagement of Lands, Revenues and
Trust. Rather than improve their land management program,
they attempted to amend the Indian Act en masse. Much of it
was shelved at a cost of thousands of dollars. Many times
government departments rework their mandates to avoid
litigation if it is proven they have not lived up to their fiduciary
obligations to Indian people. It is safe to say changes are not
made in the best interest of Indian people's health but for cost
cutting purposes only.
-
According to the Assembly of First Nations report, in
each and every region in Canada, federally funded health care
to First Nations has been capped regionally and nationally.
First Nations have unanimously rejected federal imposition of
their regional envelope system and have continually demanded
that the Minister and his officials justify the cuts to First
Nations health care funding when the health status gap between
First Nations and Canadians are widening.
While Medical Services are cutting back funds to such
programs as the NIHB, added services are required by First
Nations. These are traditional healing, home care nursing,
emergency response to community solvent and substance
abuse which are under Building Health Communities program.
There is complaints by First Nations representatives
that Medical Services act unilaterally without First Nations
input and make arbitrary decisions on NIHB benefits and
benefit levels. They will not recognize the authority of First
Nations to decide the parameters of their own health care
system. After all, the right to good standard health care is a
human right for everyone.
DENTAL SERVICES
The changes to the dental program has affected not only
First Nations but dental schedules, fees and levels has forced
the dental profession to ask First Nations to pay the difference
in cost. In some areas, First Nations were quick to respond that
their people cannot handle this added burden.
The new Schedule of Dental Services for Indian and
Inuit People of Canada became effective January 1, 1996. This
fee guide significantly changes the dental benefits which
include:
- one recall examination per year for adults vs two last year.
- one emergency exam per year vs unlimited last year. (If one
dentist examines you then a second dentist cannot examine you
OCTOBER
1997
NEWS
in the same year).
- one panoramic x-ray in 10 years vs 5 last year.
- 1/2 unit of polishing (prophy) per year for adults, two 1/2
units for
children vs a complete cleaning last year.
- a reduction of scaling and root planing per year.
- one crown every 3 years vs two crowns in a 5 year period.
- one filling per tooth in a 5 year period vs one filling per tooth
in a 2 year period.
- one root canal per 3 years vs two in a 5 year period.
- one denture per 8 years vs 5 years.
- limited number of x-rays per year.
- no fluroride for adult patients.
- reductions in denture repairs/adjustments/additions.
Children and youth may not be affected by these
changes. Band government workers do not have changes to
new schedules in order to advise band members who require
dental services. Indian people who go to their dentist are
generally told for the first time of changes to services now
available to them.
UPDATE O N DRUG. SUPPLIES A N D EQUIPMENT
The N . I .H. B. program reimburses the cost of prescription
drugs and other medical supplies not covered by provincial
drug plans to eligible recipients.
An expert committee known as the Pharmacy and
Therapeutics Committee established by Medical Services
Branch and composed of physicians, pharmacologists and
pharmacists review and recommend drugs to be delisted by
Medical Services. They determine which prescription products
will be placed on the NIHB's benefit list.
This committee delisted over 300 prescription drugs
and medical supplies from its formulary. Their decision is
binding and there is no appeal process for First Nations to
review their recommendations. First Nations have not been
consulted nor have any decision-making power over the
delisting process.
Medical Services now refuse to pay for the dispensing
of non-prescription (over-the-counter) medications. Patients
have to pay for these products then apply directly to NIHB for
reimbursement. This also ends the recording of patient's drug
profiles by pharmacies. Health and Welfare Canada also
rolled back the professional fees to pharmacists which means
they can no longer provide the same level of services to their
customers. They may have to ask First Nations to pay for the
full cost of their prescription then seek reimbursement from
Medical Services. Pharmacies are also experiencing difficulties
in obtaining approvals for supplies such as crutches, braces,
H E A L T H UPDATE (Continued on page 6)
5
UBCIC
NEWS
HEALTH UPDATE (Continued from page 5)
AssemblyofFirstNations
REGIONAL INITIATIVES PROTOCOL
Dear Chiefs:
I am writing concerning the Regional Initiatives
Protocol item which is on the agenda for a meeting
of Provincial/Territorial Organizations and the AFN
Executive in Calgary on September 14-15, 1997.
The purpose of this is to determine the interests of
Chiefs who are engaged in self-government and
land claims processes, to develop a protocol for
exchanging information and sharing strategies about
our regional processes.
As you know, an important task which I face
as National Chief, it to build the unity of the
Assembly of First Nations. In recent years, significant new processes have emerged in different parts
of Canada. Each of these is unique yet addresses
common issues we face from coast to coast.
The Assembly of First Nations has played
little or no role in supporting these processes in the
past. However, as I see the Assembly evolving to
meet the future, I believe the organization must at
least assist you in your regional initiatives, as
requested. A discussion would be a first step in
exploring the best way to build the capacity of the
Assembly in this regard.
I think it would be useful to share information regarding where we are with these various
processes, including an assessment of areas in
which assistance from the National Office would be
welcome or valuable. I would like to discuss the
idea of developing a protocol among the Chiefs and
organizations which are engaged in self-government and land claims processes and discussions. I
see merit in this idea because we could facilitate an
exchange of information and properly identify national issues at your direction. The Assembly of
First Nations could consider establishing a secretariat in the Office of the Chief for this purpose.
Of course, these ideas are for discussion and
development at our meeting, so that we can begin to
build together effective strategies at the national
level to support your region.
canes, bandages and ostomy supplies. Many medications are no
longer covered by NIHB.
In July '97 the Union of Chiefs received a copy of a letter
written to Chiefs and Council from the Regional Director of
Medical Services Branch in Pacific Region reporting on their
negotiations with the British Columbia Pharmacy Association
regarding pricing of products and the amount and application of
dispensing service fees. The main disagreement was on maximum
allowable charge for dispensing fees and to conclude this matter,
Medical Services Branch made a unilateral decision and set the
maximum allowable for these fees. This became effective in
August, 1997.
A policy of low cost alternatives to prescribe generic
drug, if available, has been introduced. This is the main area of
complaints from First Nations who do not want second best to
their prescriptions. Medical Services will cover only generic
drugs. First Nations are not getting enough information on all the
changes have taken place to the Non-Insured Health Benefits
program.
The Union of B.C. Indian Chiefs receive complaints to
many of the changes to prescriptions, counselling services, prior
approvals requirements and lack of new guidelines for Indian
bands.
C O N T R A C T OF NIHB
This year Medical Services Branch decided to seek new
contract to administer the NIHB.
Liberty Blue Cross held the contract but it was retendered. Eight applications were received. The concern of
First Nations was the substantial increase in administrative costs
from the Liberty Blue Cross contract to the new one. Also,
although health transfer increases the utilization rate of such
services as dental, funding does not escalate to allow for this
increased use of services. Medical Services Branch responded
to these concerns that additional costs would have to come from
within the envelope and so there would be less money available
for the actual provision of benefits.
The other issues raised by First Nations included the
ability to transfer the responsibility for claims payment processing
to individual First Nations who had taken control of the drug and
dental component of the NIHB program into the pilot projects.
Regional contracts versus national contracts need to be examined
for impacts on First Nations.
Phil Fontaine
National Chief
6
OCTOBER
1997
UBCIC
NEWS
UNION O F B.C. INDIAN CHIEFS
JOINT POLICY COUNCIL
FORESTRY WORKSHOP
The Joint Policy Council's forestry workshop will
inform communities about current forest issues and
government policy. It will also provide communitybased input to guide negotiations at the Joint Policy
Council forestry table. The workshop will give community
members and U B C I C staff an opportunity to discuss
policy related to such things as access to timber, Traditional
Use and archaelogical studies, the consultation process,
the Jobs/Timber Accord, and economic development.
The Forestry Workshop is available to communities
and/or Tribal Councils upon request. There is no charge
for the workshop, but staff travel expenses must be
covered by the Band or Tribal Council. For more
information please call:
Paulette Regan, U B C I C Joint Policy Council Coordinator
Phone: (604) 684-023 1 Fax: (604) 684-5726
MYSTERY PHOTO
Do You Know This Woman?
UBCIC
NEWSLETTER
DEADLINE
The deadline for the next Newsletter has been
set for November 5, 1997. If you have any
issues 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 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
OCTOBER
1997
UBCIC WORKSHOPS
The UBCIC is developing workshops to
inform Indian people and communities about
the impact of the B.C. Treaty process on our
Aboriginal Title and Rights.
We are prepared to offer this workshop
to interested community groups, bands,
tribal councils etc.
For more information please contact
the UBCIC Vancouver office:
5th Floor - 342 Water Street
Vancouver, B.C. V6B 1B6
Tel: (604)684-0231 Fax: (604)684-5726
• E-Mail: [email protected]
7
UBCIC
NEWS
HEALTH CANADA
RESOURCE CENTRE
C A T A L O G FREE ON DISK
RESOURCE CENTRE
UPDATE
REQUESTS FOR INFORMATION FROM RESOURCE
CENTRE
We have reduced our staff positions in the Resource Centre
from three positions to two. During the school year, when we are
serving our regular user base as well as the students, faculty and
staff of the Institute of Indigenous Government, I expect that the
pace will be very hectic. To help us serve our on-site and off-site
users more effectively, please FAX your requests for information
to us whenever possible rather than calling by phone. Our FAX
number is (604) 684-5726. Remember to include you name, Band
affiliation, and a phone and fax where you may be reached and
between what hours. Our hours are yet to be determined. I will
include them in the next Newsletter. Another benefit of faxing is
that you will be sure to reach us whether we are open or not and
whether or not we are near a phone to catch your call.
COMMUNITY LIBRARIAN TRAINING PROGRAM
The Community Librarian Training Program sponsored by
the Library Service Branch of the Ministry of Municipal Affairs,
is a distance education learning program which may be of interest
to staff and volunteers in Indian Band, school or other types of
libraries. Students in the program receive support from experienced
tutors, Library Services Branch consultants and other students by
phone, mail or electronic messaging. Students are evaluated on a
combination of written assignments, practical projects and/or
supervised examinations. Required reading and course materials
are included in print or on-line course materials. Some courses may
also be eligible for transfer credit to Library Technology programs.
Courses range from Cataloguing and Classification to an
Introduction to the Internet. If you are already working or
volunteering for an Indian Band library courses are $32.10 per
course. If you are a regular student wanting to start a library career,
courses are $ 107.00 per course.
If you want course outlines and more information, contact:
Community Librarian Training Program
Library Services Branch
L50-4946 Canada Way
Burnaby, B.C. V5G 4H7
or call Toll Free in B.C. 1-800-448-8228 and ask for Ene Haabniit
or Michele Cote. Registration should be. in by mid-September for
some
8
If you would like a copy of
Health Canada's Regional Resource
Centre catalog comprised of 1,020
pages on 3 1/2" disk, FAX a request
tome. The catalog contains a great
deal of free material of specific
interest to anyone working with First
Nations people and health. I will
include an order form with your
disk so that you may request
materials of interest directly from
Health Canada.
ACCESS T H E RCAP FINAL REPORT ON THE INTERNET
The full text of the Final Report of the Royal Commission
on Aboriginal Peoples is available on the website for the Institute
of Indigenous Government at www.indigenous.bc.ca. You will
also find more information about the IIG and course offerings on
this website.
If you are in Vancouver for any reason, take some time to come into
the Resource Centre just to browse and see what we have. Our guest
book this summer includes visitors from all over the world. You are
always welcome.
Happy
Thanksgiving
on behalf of the
of the
UBCIC
courses.
OCTOBER
1997
UBCIC
NEWS
MAP OF THE SOVEREIGN INDIGENOUS NATIONS
TERRITORIAL BOUNDARIES: JUNE, 1993
The Union of B.C. Indian Chiefs' map of the Sovereign Indigenous Nations Territorial Boundaries is the only contemporary
map that accurately shows the traditional tribal territories of the 23 Indian Nations in British Columbia. The six colour map measures
28" x 36".
The tribal territories are the homelands of distinct Nations, within which their respective peoples share a common language,
culture and traditional forms of political and social organization. These homelands have been occupied by the Indian Nations since
time immemorial. Up to the present, the Indian Nations in British Columbia have never surrendered their ownership of their homelands
(aboriginal title), nor have they surrendered their original sovereignty as nations to govern their homelands (inherent jurisdiction).
Information on the territorial boundaries was compiled by the Union's research portfolio and President's office between July,
1990 and April, 1993 from archival research and information provided by elders, chiefs, and tribal councils. Chief Saul Terry, President
of the Union and a graduate of the Vancouver College of Art (now the Emily Carr College of Art and Design), prepared the working
drafts for the map.
Design and cartography for the June, 1993 map was done by David Sami, chief cartographer of Multi Mapping Ltd. in
Vancouver, B.C., using a 1:2,000,000 scale base-map from the Surveys and Environment Branch of the British Columbia Ministry
of Environment, Lands and Parks. All territorial boundaries shown on the map are subject to further revision, as additional information
becomes available. Contact the Union of B.C. Indian Chiefs at (604) 684-0231 for ordering information.
28" x 36" / Scale: 1:2 000 000 / Six Colours
OCTOBER
1997
9
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OCTOBER
1997
Union of B.C.
IndilanChiets
‘Our Land is Our CFature”
NEWSLETTER
29th Annual General Assembly set for October 21, 22, 23, 1997 in
Tsa‘kis (Fort Rupert)
i] 1 is harvest season and
/ this will be celebrated with
families on October 13th
weekend. It is a time to gather
the bounty of our lands and
make plans for the upcoming
seasons. The Union of B.C.
Indian Chiefs will be holding
their 29th Annual General
Assembly on October 21, 22
and 23, 1997 at Tsa'kis (Fort
Rupert. B.C.) giving us the
opportunity to meet, reflect and
feast together to celebrate this
past year.
The question is what can
we celebrate? Considering the
fact that the government's
corral is getting smaller and
smaller, leading us to a chute
which many of our people do
not wish to enter. The truth is
our forest, fish and marine and
winged food chains are
dwindling because their
habitats are being
destroyed or poisoned.
Through all this we have
Survived. We have also
survived the systematic
repressive and oppressive
policies of succeeding
governments. Let me
emphasize that these
policies are disguised as
progressive and are promoted
as such to the general public.
Our peoples are having to
survive within the programs
andpoliciesestablished
by governments for us. How
these policies impact on our
communities will be reflected
through our annual assembly
theme: ‘‘Indian Government:
Present Day Realitiesand Plans
For The Future’’.
In spite of the
continued degrading
policies by the
government, let us
celebrate our survival and talk
about practical solutions on
how we, as members of our
respective nations, can protect
our Aboriginal Title for the
future generations.
Let us gather
together in a community like
T’sakisin Kwakiutl territory to
hear from knowledgeable
people. We will share
information on the realities of
true self- determination and
come to understand how it has
been demeaned. The least we
cando iscome togethertoform
our Circle to strengthen our
land rights and preserve it.
SPECIFIC CLAIMS POLICY REFORM
UPDATE
DEADLINE FOR GRASSROOTS
CONSULTATION NEARING
A proposal has been worked out for a new process for
submitting your specific claims to a ‘‘independent claims body’’,
After extensive negotiations, this reform proposal is now ready to
be presented to communities for their input and feedback. The
window for consultation is very short - only afew weeks. A national
conference will be held in Quebec City in the first week of
November where there will be an opportunity for communities
from the B.C. Region to discuss any regional concerns relating to
this proposal and to raise them at the national table. In the
meantime the ‘‘working draft’’, as it is called, is also on the agenda
of the UBCIC’s 29th Annual General Assembly at Fort Rupert on
Tuesday, October 21st. Anyone wanting more information about
this claims reform proposal is encouraged to attend the UBCIC
AGA and the AFN conference in Quebec City (which will be at
least partly subsidized). Feel free as well to contact Leigh Ogston
at the UBCIC Research Office for more information.
WHAT is this independent
claims body?
The new independent
commission is supposed to do
away with the current conflict
of interest siluation where
claims against Canadaare being
judged by the Federal
Government. The independent
commission will be established
by legislation, and will have
the authority to make binding
decisions.
SPECIFIC CLAIMS
(Continued on page 3)
i
IN THIS ISSUE...
2. UBCIC Press Releases
Indigenous Peoples Issues
Forum
4. Health Update
7. UBCIC Workshops
8. Resource Centre Update
OCTOBER 1997
UBCIC NEWS
UBCIC PRESS RELEASES
Vancouver, B.C.—September 5, 1997
Chief Saul Terry, President of the Union of B.C. Indian
Chiefs, in response to the recent agreement between Alcan
Aluminum and the B.C. Government stated that:
The Carrier Sekani people have been sold out by the
government in this deal with Alcan. They were not consulted about
the details ofthis agreement, yet the government andthe corporation
expect them to remain quiet while their fish stocks are devastated.
Once again government and business have shown their complete
disregard for the Indian peoples of this province.
The govemment talks about ‘protecting abonginal nghts,
yet it has no problem signing a deal that gives Alcan control over
90% of the upper river flows, endangering the Nechako River
fisheries. These same fisheries have sustained the Carrier Sekani
people for many generations. Now this deal will put about 20% of
the upriver runs in danger. Our people have heard all the rhetoric
before from government and industry about protecting the
environment. In striking this deal, they indicate how meaningless
such talk 1s.
The Union of B.C. Indian Chiefs supports the ‘Carrier
Sekani people in their fight to protect their fisheries and their
aboriginal rights.
Vancouver, B.C. --September 12, 1997
Chief Saul Terry, President of the Union of B.C. Indian
Chiefs, on the Slocan Valley hunger strike protests of Jack Ross and
Eloise Dolly Charet, stated that:
Jack Ross and Eloise Dolly Charet were arrested at logging
blockades and have been jailed because they have refused to sign
an undertaking promising not to interfere with logging in the
community watersheds of the Slocan Valley. They are not prepared
to compromise their belicf that all people have a fundamental
human right to an adequate clean water supply.
The Union of B.C. Indian Chiefs respects this principled
stand. Our organization, founded in 1969, is based on strong
principles that continue to guide our actions as we fight for our
lands, our rights, and the sustainability of our communities.
Although the Slocan Valley is unceded land that belongs to the
Indian peopie, we know that many of our non-Aboriginal neighbours
share our belief that all peoples are entitled to clean, safe communities
and the basic necessities of life.
Indian people are no strangers to water rights issues in this
province. For many years, the province has systematically
encroached upon our access to adequate water. Logging that
interferes with a community watershed is cause for concern for all
of us. The Union of B.C. Indian Chiefs supports Jack Ross and
Eloise Dolly Charet in their struggle to protect this vital watershed.
-30-
INDIGENOUS PEOPLES’
ISSUES FORUM
October 2, 1997
The 1997 People's Summit on APEC
910-207 West Hastings Street
Vancouver, B.C., Canada V6B 1H7
Tel: (604) 682-1952 Fax: (604) 682-1931
Dear Terre:
It is with regret that ] write to inform you that the Union
of B.C. Indian Chiefs will have to withdraw from the
planning process for the 1997 People’s Summit on APEC
Indigenous Peoples’ Issues Forum. Our extremely limited
budget has been overtaxed in planning for the Forum. As
is always the lot of Indigenous Peoples worldwide,
neither we nor our National and International delegates
can afford to participate in the conference. To provide
continued labour, materials and administration for the
Indigenous Peoples’ Issues Forum would be irresponsible
to our citizens and our member nations
The limited travel bursaries available will not help people
who have no funds at all, and we do not have the
resources to invest toward travel, facilities,
accommodations and coordination in general.
As Indigenous Peoples’ representatives, we will advance
timely statements on the issue of APEC beforeand during
the Vancouver conference in November. The continued
abuse of land, resources and Indigenous Peoples in their
homelands is not acceptable.
Mildred Poplar and Shauna-Leigh Maloney will facilitate
Indigenous participation in other Issue Forums who
requested Indigenous input.
Yours Truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry, President
c.c. Chiefs Council of UBCIC
OCTOBER 1997
UBCIC NEWS
SPECIFIC CLAIMS POLICY REFORM (Continued from page 1)
WHY are the current specific claims policy and process
being overhauled?
The specific claims process is flawed. The aim ofthis reform
exercise is to broaden the scope and range of grievances that can
be considered under specific claims policy; it is also intended to
establish a faster and fairer process. The current reform effort is a
direct consequence of the frustration of Indian Governments with
the status quo, and the promise by the Liberal Government in its
1993 Redbook to undertake a major reform of the federal claims
policy ona national basis, in consultation with aboriginal peoples.
WHO is behind this proposal for claims reform?
Intensive technical discussions have been taking place
between the Assembly of First Nations Chiefs Committee on
Claims and the Special Projects Unit, part of DIAND’s Specific
Claims Branch, during the course ofthis year. The UBCIC has been
represented at this table by Neskonlith Chief and Shuswap Nation
Tribal Council Chair Arthur Manuel and Wayne Haimila, who has
been deeply involved with the technical aspects of the claims
reform process since the Summer of Oka. Tzeachten Chief and
Aboriginal Council of B.C. Chair Ken Malloway is also active on
the Chiefs Committee on Claims. B.C.’s interests have been
strongly represented during this claims reform exercise.
WHEN will the Independent Commission and new process
take effect?
The AFN’s Chiefs Committee on Claims has been working
to a self-imposed and very tight deadline - April 1, 1998. Because
the goal is an independent claims commission with a legislated
mandate, it will be necessary for DIAND to make a submission to
Cabinet. This submission must be made as soon as possible if the
deadline is to be met. The window of opportunity for crucial
grassroots feedback is small. The AFN’s national claims reform
assembly in the first week of November will present the draft claims
reform proposal to Chiefs, seek their feedback and secure direction
to proceed.
WHAT concerns does the UBCIC have about this draft
proposal?
The UBCIC resolutely supports the idea of a truly
independent claims commission with the legislated authority to
make binding determinations and so has participated in the
development of the current “*working draft’’. It has spoken out
vigorously on the Chiefs Committee on Claims about the need
for thorough and extensive consultation within the B.C. region.
It has also expressed concerns about ‘‘joint’’ research approach
being aggressively promoted by the Federal Government. The
UBCIC believes that Indian Governments must be able to access
funding and resources to develop their claims issues to the point
of submission to the new independent claims commission
without Federal Government interference.
UBCIC WELCOMES THREE NEW
RESEARCH ASSISTANTS
Shauna- Leigh Maloney, Cecilia Sam and Angie Shuter
will be helping the Research Department with the development
of a research manual for non-professional community-based
researchers. Welcome Aboard!
Shauna-Leigh Maloney recently graduated with an
Associates of Arts degreee from the Institute of Indigenous
Government. While there, she acted as a student representative
on the Board of Governors, and spent a summer as a Student
policy analyst with the UBCIC. She has also worked with the
First Nations Tribal Justice Institute in Mission, B.C.
Cecilia Sam is a member of the Burns Lake Indian Band.
She is currently completing her Master's degree in sociology at
UBC. Her thesis deals with land losses on reserves, and DIA's
role and responsibilities. Cecilia has taken both the basic
research and RG 10 (DIA's Records at the National Archives of
Canada) workshop offered by the UBCIC Research Department.
Angie Shuter is a member of the Lower Nicola Band.
She has a Bachelor's degree in Sociology/Anthropology with a
minor in archaeology from Simon Fraser University, and she is
currently taking courses at the Institute of Indigenous Govern-
ment. Angie has experience as a specific claims archival
researcher and has also worked in a museum setting.
UNION OF B.C. INDIAN CHIEFS
29th Annual General Assembly
"INDIAN GOVERNMENT: Present Day
Realities and Plans for the Future"
You are Cordially Invited
October 21, 22, 23, 1997
U'gwamalis Hall
Tsa'kis (Fort Rupert)
Contacts:
Union of BC Indian Chiefs - Mildred Poplar (604) 684-0231
Kwakiutl Indian Band - David Hunt (250) 949-6012
OCTOBER 1997
UBCIC NEWS
Health Update
National Health and Welfare announced its downsizing
program to bring down the country’s deficit in °94-’95 fiscal
year. The Medical Services Branch in every region were
expected to make changes to all of its health programs but the
Union of B.C. Indian Chiefs addressed only changes to the
Non-Insured Health Benefits (N.I.H.B.) program and reported
this fact to aboriginal people, both on and off reserve in British
Columbia in 1996.
The Union of Chiefs Position on Aboriginal Right to
health care is:
“The Aboriginal Right to health is a right to health care. It
is derived from our Nation's inherent sovereignty and
unextinguished Aboriginal Title. It reflects our People’s
philosophy and ideology. Itisaninseparable and inalienable
aspect ofour People’s unbroken connection to Mother Earth
and our unextinguished ownership of our traditional
territories and resources. The right to health encompasses
our People’s right to physical, spiritual, mental and social
well-being. Itis 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 uphald and
protect for the mutual benefit ofall our Peoples, and for those
vet unborn’
The Non-Insured Health Benefits program is one of the
fundamental services provided to Indian people. They cover
Medical Insurance Premiums; Drugs; Supplies and Equipment;
Dental Care; Vision Care and Transportation. These health
benefits cover medical services for the purpose of maintaining
our health, preventing disease, diagnosing or treating an
illness, injury or disability.
[Not only 1s cutback or changes to health programs such as the
N.I.H.B. dangerous to the rights of aboriginal communitics,
but the health transfer is being used to terminate Crown’s
obligation to Indian nations}
HEALTH TRANSFER
Information on this update is obtained from the First
Nations Health Secretariat report to the 18th Annual General
Assembly of the Assembly of First Nations.
There is no formal national process between First
Nations and Medical Services Branch, Health Canada for
First Nations’ control of Indian health programs. There are
regional co-management or bilateral processes for decision-
making on setting prionties in health. This is the exact strategy
developed by the Department of Indian and Northem Affairs
to settle self-government band by band through these kinds of
processes. The reaction by Indian Bands in changes to their
health programs was based on their position that the Federal
Government has legal and fiduciary obligation to provide
health services to their people based on their abonginal and
treaty right to health. This position has not changed for our
people but the treaty rights issue and unresolved fiduciary
relationship concerning First Nations health remain at a
standstill. A.F-N. state that First Nations now know that
within a health transfer agreement, it is the legal opinion of
Health Canada that there is diminishment of federal fiduciary
responsibility.
Every Indian Band should be aware that transfer
agreements between the federal and provincial governments
affect their communities in some way. In the case of Canada
Health and Social Transfer reform based on cutbacks in
spending, provinical health budgets will be affected. Services
to First Nations will likely fall to the new lower levels provided
by the provinces for their own citizens. As provinces cut back
on general health services, Medical Services Branch likely will
match these lower levels of services and apply them to First
Nations. The provinces maintain their position that the federal
government ts responsible for health services to First Nations
regardless of their residence but this does not stop federal off-
loading to provinces.
Recommendation.
That the Union of B.C. Indian Chiefs give notice to
the Government of Canada their Position on Canada-Crown
relationship which gives the Crown prime responsibility for
health services to Indian Nations; that National Health and
Welfare does not have the authority to relieve the Crown of
its obligations to Indian Nations through co-management
plagues or the transfer of health process, unless Indian
Nations give their consent; that a mandate be given to the
Assembly of First Nations to continue to seek recognition
of treaty and aboriginal nght to health; that the Union of
B.C. Indian Chiefs inform Indian Bands in British
Columbia of the dangers in agreeing to health transfer
programs.
NON-INSURED HEALTH BENEFITS
Changes are made to federally funded programs for
either of two reasons: deficit control or program management.
In the case of Indian programs, when government departments
are criticized by the Auditor-General to improve on their
management techniques, use this reason as an excuse to
change the Indian/Crown relations rather than improve
management of the program. In 1993 the Auditor-General
chastised Medical Services Branch for mismanagement of the
HEALTH UPDATE (Continued on page 5)
4
OCTOBER 1997
UBCIC NEWS
HEALTH UPDATE (Continued from page 4)
N.I.H.B. monies, unclear mandates and regional variations in
benefits and benefit levels. Rather than improve staff
management of the NIHB program, MSB made drastic changes
short of violating the human rights of Indian peoples. The
same could be said about the 1985 Auditor-General criticism
of Indian Affairs for mismanagement of Lands, Revenues and
Trust. Rather than improve their land management program,
they attempted to amend the Indian Act en masse. Much of it
was shelved at a cost of thousands of dollars. Many times
government departments rework their mandates to avoid
litigation ifit is proven they have not lived up to their fiduciary
obligations to Indian people. It is safe to say changes are not
made in the best interest of Indian people’s health but for cost
cutting purposes only.
According to the Assembly of First Nations report, in
cach and every region in Canada, federally funded health care
to First Nations has been capped regionally and nationally.
First Nations have unanimously rejected federal imposition of
their regional envelope system and have continually demanded
that the Minister and his officials justify the cuts to First
Nations health care funding when the health status gap between
First Nations and Canadians are widening.
While Medical Services are cutting back funds to such
programs as the NIHB, added services are required by First
Nations. These are traditional healing, home care nursing,
emergency response to community solvent and substance
abuse which are under Building Health Communities program.
There is complaints by First Nations representatives
that Medical Services act unilaterally without First Nations
input and make arbitrary decisions on NIHB benefits and
bencfit levels. They will not recognize the authority of First
Nations to decide the parameters of their own health care
system. After all, the mght to good standard health care is a
human nght for everyone.
DENTAL SERVICES
The changes to the dental program has affected not only
First Nations but dental schedules, fees and levels has forced
the dental profession to ask First Nations to pay the difference
incost. Insome areas, First Nations were quick to respond that
their people cannot handle this added burden.
The new Schedule of Dental Services for Indian and
Inuit People of Canada became effective January |, 1996. This
fee guide significantly changes the dental benefits which
include:
- One recall examination per year for adults vs two last year.
- one emergency exam per vear vs unlimited last year. (If one
dentist examines you then a second dentist cannot examine you
in the same year).
- one panoramic x-ray in 10 years vs 5 last year.
- 1/2 unit of polishing (prophy) per year for adults, two 1/2
units for
children vs a complete cleaning last year.
- a reduction of scaling and root planing per year.
- one crown every 3 years vs two crowns in a 5 year penod.
- one filling per tooth ina 5 year period vs one filling per tooth
in a 2 year period.
- one root canal per 3 years vs two in a 5 year period.
- one denture per 8 years vs 5 years.
- limited number of x-rays per year.
- no fluroride for adult patients.
- reductions in denture repairs/adjustments/additions.
Children and youth may not be affected by these
changes. Band government workers do not have changes to
new schedules in order to advise band members who require
dental services. Indian people who go to their dentist are
generally told for the first time of changes to services now
available to them.
UPDATE ON DRUG, SUPPLIES AND EQUIPMENT
The N.I.H.B. program reimburses the cost of prescnption
drugs and other medical supplies not covered by provincial
drug plans to eligible recipients.
An expert committee known as the Pharmacy and
Therapeutics Committee established by Medical Services
Branch and composed of physicians, pharmacologists and
pharmacists review and recommend drugs to be delisted by
Medical Services. They determine which prescnption products
will be placed on the NIHB’s benefit list.
This committee delisted over 300 prescription drugs
and medical supplies from its formulary. Their decision is
binding and there is no appeal process for First Nations to
review their recommendations. First Nations have not been
consulted nor have any decision-making power over the
delisting process.
Medical Services now refuse to pay for the dispensing
of non-prescription (over-the-counter) medications. Patients
have to pay for these products then apply directly to NIHB for
reimbursement. This also ends the recording of patient’s drug
profiles by pharmacies. Health and Welfare Canada also
rolled back the professional fees to pharmacists which means
they can no longer provide the same level of services to their
customers. They may have to ask First Nations to pay for the
full cost of their prescription then seek reimbursement from
Medical Services. Pharmacies are also experiencing difficulties
in obtaining approvals for supplies such as crutches, braces,
HEALTH UPDATE (Continued on page 6)
OCTOBER 1997
5
UBCIC NEWS
Assembly of Kirst Mations
REGIONAL INITIATIVES PROTOCOL
Dear Chiefs:
I am wnting concerning the Regional Initiatives
Protocol item which 1s on the agenda for a meeting
of Provincial/Termtonal Organizations and the AFN
Executive in Calgary on September 14-15, 1997.
The purpose of this is to determine the interests of
Chiefs who are engaged in self-govemment and
land claims processes, to develop a protocol for
exchanging information and sharing strategies about
our regional processes.
As you know, an important task which I face
as National Chief, it to build the unity of the
Assembly of First Nations. In recent years, signifi-
cant new processes have emerged in different parts
of Canada. Each of these is unique yet addresses
common issues we face from coast to coast.
The Assembly of First Nations has played
little or no role in supporting these processes in the
past. However, as I see the Assembly evolving to
meet the future, I believe the organization must at
least assist you in your regional initiatives, as
requested. A discussion would be a first step in
exploring the best way to build the capacity of the
Assembly in this regard.
I think it would be useful to share informa-
tion regarding where we are with these various
processes, including an assessment of areas in
which assistance from the National Office would be
welcome or valuable. I would like to discuss the
idea of developing a protocol among the Chiefs and
organizations which are engaged in self-govern-
ment and land claims processes and discussions. |
see merit in this idea because we could facilitate an
exchange of information and properly identify na-
tional issues at your direction. The Assembly of
First Nations could consider establishing a secre-
tariat in the Office of the Chief for this purpose.
Of course, these ideas are for discussion and
development at our meeting, so that we can begin to
build together effective strategies at the national
level to support your region.
Phil Fontaine
National Chief
HEALTH UPDATE (Continued from page 5)
canes, bandages and ostomy supplies. Many medications are no
longer covered by NIHB.
In July 97 the Union of Chiefs received a copy ofa letter
written to Chiefs and Council from the Regional Director of
Medical Services Branch in Pacific Region reporting on their
negotiations with the British Columbia Pharmacy Association
regarding pricing of products and the amount and application of
dispensing service fees. The main disagreement was on maximum
allowable charge for dispensing fees and to conclude this matter,
Medical Services Branch made a unilateral decision and set the
maximum allowable for these fees. This became effective in
August, 1997,
A policy of low cost alternatives to prescribe generic
drug, if available, has been introduced. This is the main area of
complaints from First Nations who do not want second best to
their prescriptions. Medical Services will cover only generic
drugs. First Nations are not getting enough information on all the
changes have taken place to the Non-Insured Health Benefits
program.
The Union of B.C. Indian Chiefs receive complaints to
many of the changes to prescriptions, counselling services, prior
approvals requirements and lack of new guidelines for Indian
bands.
CONTRACT OF NIHB
This year Medical Services Branch decided to seek new
contract to administer the NIHB.
Liberty Blue Cross held the contract but it was re-
tendered. Eight applications were received. The concern of
First Nations was the substantial increase in administrative costs
from the Liberty Blue Cross contract to the new one. Also,
although health transfer increases the utilization rate of such
services as dental, funding does not escalate to allow for this
increased use of services. Medical Services Branch responded
to these concerns that additional costs would have to come from
within the envelope and so there would be less money available
for the actual provision of benefits.
The other issues raised by First Nations included the
ability to transfer the responsibility for claims payment processing
to individual First Nations who had taken control of the drug and
dental component of the NIHB program into the pilot projects.
Regional contracts versus national contracts need to be examined
for impacts on First Nations.
OCTOBER 1997
UBCIC NEWS
UNION OF B.C. INDIAN CHIEFS
JOINT POLICY COUNCIL
(ALCS ASA AAAULALCEALAYAL
The Joint Policy Council’s forestry workshop will
inform communities about current forest issues and
government policy. It will also provide community-
based input to guide negotiations at the Joint Policy
Council forestry table. The workshop will give community
members and UBCIC staff an opportunity to discuss
policy related to suchthings as access to timber, Traditional
Use and archaelogical studies, the consultation process,
the Jobs/Timber Accord, and economic development.
The Forestry Workshop is availableto communities
and/or Tribal Councils upon request. There 1s no charge
for the workshop, but staff travel expenses must be
covered by the Band or Tribal Council. For more
information please call:
Paulette Regan, UBCIC Joint Policy Council Coordinator
Phone: (604) 684-0231 Fax: (604) 684-5726
UBCIC
NEWSLETTER
DEADLINE
The deadline for the next Newsletter has been
set for November 5, 1997. If you have any
issues that you would like to see in the next
edition of the UBCIC NEWSLETTER, Send
by mail or fax to:
UBCIC NEWSLETTER
Sth Floor - 342 Water Street
Vancouver, BC V6B 1B6
Phone: (604) 684-0231
Fax: (604) 684-5726
OCTOBER 1997
oy
ws
VSTERY PHOTO
Do You Know This Woman?
UBCIC WORKSHOPS
The UBCIC is developing workshops to
Bete eet et people and communities about
the impact of the B.C. Treaty process on our
Aboriginal Title and Rights.
We are prepared to offer this workshop
to interested community groups, bands,
ee U EVD be ts twits
For more information please contact
the UBCIC Vancouver office:
Sth Floor - 342 Water Street
Vancouver, B.C. V6B 1B6
Tel: (604)684-0231 Fax: (604)684-5726
E-Mail: [email protected]
UBCIC NEWS
RESOURCE CENTRE
UPDATE
REQUESTS FOR INFORMATION FROM RESOURCE
CENTRE
We have reduced our staff positions in the Resource Centre
from three positions to two. During the school year, when we are
serving our regular user base as well as the students, faculty and
staff of the Institute of Indigenous Government, I expect that the
pace will be very hectic. To help us serve our on-site and off-site
users more effectively, please FAX your requests for information
to us whenever possible rather than calling by phone. Our FAX
number is (604) 684-5726. Remember to include you name, Band
affiliation, and a phone and fax where you may be reached and
between what hours. Our hours are yet to be determined. I will
include them in the next Newsletter. Another benefit of faxing is
that you will be sure to reach us whether we are open or not and
whether or not we are near a phone to catch your call.
COMMUNITY LIBRARIAN TRAINING PROGRAM
The Community Librarian Training Program sponsored by
the Library Service Branch of the Ministry of Municipal Affairs,
is a distance education learning program which may be of interest
to staff and volunteers in Indian Band, school or other types of
libraries. Students in the program receive support from experienced
tutors, Library Services Branch consultants and other students by
phone, mail or electronic messaging. Students are evaluated on a
combination of written assigninents, practical projects and/or
super ised examinations. Required reading and course materials
are included in print or on-line course materials. Some courses may
also be eligible for transfer credit to Library Technology programs.
Courses range from Cataloguing and Classification to an
Introduction to the Internet. If you are already working or
volunteering for an Indian Band library courses are $32.10 per
course. Ifyou area regular student wanting to start a library career,
courses are $107.00 per course.
If you want course outlines and more information, contact:
Community Librarian Training Program
Library Services Branch
L50-4946 Canada Way
Burnaby, B.C. V5G 4H7
orcall Toll Free in B.C. !-800-448-8228 and ask for Ene Haabniit
or Michele Cote. pee isiation shou ge. in ny, mid- ope leer for
some SUIS See oleh on A oid x
soni »
wars os
:
cs
weer Vaentect
auee
eat mM
ey no)
reese rs
ESN
Seese «
fi suai HSS
és rita Lh pe
Seta San
HEALTH CANADA
RESOURCE CENTRE
CATALOG FREE ON DISK
If you would like a copy of
Health Canada’s Regional Resource
Centre catalog compnsed of 1,020
pages on 3 1/2" disk, FAX a request
tome. The catalog contains a great
deal of free material of specific
interest toanyone working with First
Nations people and health. I will
include an order form with your
disk so that you may request
materials of interest directly from
Health Canada.
ACCESS THE RCAP FINAL REPORT ON THE INTERNET
The full text of the Final Report of the Royal Commission
on Abonginal Peoples is available on the website for the Institute
of Indigenous Government at www.indigenous.bc.ca. You will
also find more information about the IIG and course offerings on
this website.
Ifyou are in Vancouver for any reason, take some time to come into
the Resource Centre just to browse and see what we have. Our guest
book this suunmer includes visitors from all over the world. You are
always welcome.
OCTOBER 1997
UBCIC NEWS
MAP OF THE SOVEREIGN INDIGENOUS NATIONS
TERRITORIAL BOUNDARIES: JUNE, 1993
The Union of B.C. Indian Chiefs’ map of the Sovereign Indigenous Nations Territorial Boundaries is the only contemporary
map that accurately shows the traditional tribal territories of the 23 Indian Nations in Bntish Columbia. The six colour map measures
28" x 36",
The tribal territories are the homelands of distinct Nations, within which their respective peoples share a common language,
culture and traditional forms of political and social organization. These homelands have been occupied by the Indian Nations since
time immemorial. Up to the present, the Indian Nations in.British Columbia have never surrendered their ownership oftheir homelands
(aboriginal title), nor have they surrendered their original sovereignty as nations to govern their homelands (inherent jurisdiction).
Information on the terntorial boundaries was compiled by the Union’s research portfolio and President’s office between July,
1990 and Apnil, 1993 from archtval research and information provided by elders, chiefs, and tribal councils. Chief Saul Terry, President
of the Union and a graduate of the Vancouver College of Art (now the Emily Carr College of Art and Design), prepared the working
drafts for the map.
Design and cartography for the June, 1993 map was done by David Sami, chief cartographer of Multi Mapping Ltd. in
Vancouver, B.C., using a 1:2,000,000 scale base-map from the Surveys and Environment Branch of the British Columbia Ministry
of Environment, Lands and Parks. All territorial boundaries shown on the map are subject to further revision, as additional information
becomes available. Contact the Union of B.C. Indian Chiefs at (604) 684-0231 for ordering information.
28" x 36" / Scale: 1:2 000 000 / Six Colours
oo. one 2
it gk vate: eee Ss
BGS ree FOE
aos SEEK
s) ot 18 Spies
A354. 87
OCTOBER 1997 9
UBCIC NEWS
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Union of B.C.
Indian Chiefs
NEWSLETTER
"Our Land is Our Future"
29th Annual General Assembly set for October 21, 22, 23, 1997 in
Tsa'kis (Fort Rupert)
It is harvest season and
this will be celebrated with
families on October 13th
weekend. It is a time to gather
the bounty of our lands and
make plans for the upcoming
seasons. The Union of B.C.
Indian Chiefs will be holding
their 29th Annual General
Assembly on October 21, 22
and 23, 1997 at Tsa'kis (Fort
Rupert, B.C.) giving us the
opportunity to meet, reflect and
feast together to celebrate this
past year.
The question is what can
we celebrate? Considering the
fact that the government's
corral is getting smaller and
smaller, leading us to a chute
which many of our people do
not wish to enter. The truth is
our forest, fish and marine and
winged food chains are
dwindling because their
h a b i t a t s are b e i n g
destroyed or poisoned.
Through all this we have
survived. We have also
OCTOBER
1997
survived the systematic
repressive and oppressive
policies of succeeding
governments.
Let me
emphasize that these
policies are disguised as
progressive and are promoted
as such to the general public.
Our peoples are having to
survive within the programs
and policies e s t a b 1 i s h e d
by governments for us. How
these policies impact on our
communities will be reflected
through our annual assembly
theme: "Indian Government:
Present Day Realities and Plans
For The Future".
In spite o f the
continued degrading
policies
by
the
g o v e r n m e n t , let us
celebrate our survival and talk
about practical solutions on
how we, as members of our
respective nations, can protect
our Aboriginal Title for the
future generations.
Let
us
gather
together in a community like
T'sakis in Kwakiutl territory to
hear from knowledgeable
people.
We will share
information on the realities of
true self- determination and
come to understand how it has
been demeaned. The least we
can do is come together to form
our Circle to strengthen our
land rights and preserve it.
SPECIFIC CLAIMS POLICY R E F O R M
UPDATE
D E A D L I N E FOR GRASSROOTS
CONSULTATION NEARING
A proposal has been worked out for a new process for
submitting your specific claims to a "independent claims body".
After extensive negotiations, this reform proposal is now ready to
be presented to communities for their input and feedback. The
window for consultation is very short - only a few weeks. A national
conference will be held in Quebec City in the first week of
November where there will be an opportunity for communities
from the B.C. Region to discuss any regional concerns relating to
this proposal and to raise them at the national table. In the
meantime the' 'working draft'', as it is called, is also on the agenda
of the UBCIC's 29th Annual General Assembly at Fort Rupert on
Tuesday, October 21 st. Anyone wanting more information about
this claims reform proposal is encouraged to attend the UBCIC
AGA and the AFN conference in Quebec City (which will be at
least partly subsidized). Feel free as well to contact Leigh Ogston
at the UBCIC Research Office for more information.
WHAT is this independent
claims body?
The new independent
commission is supposed to do
away with the current conflict
of interest situation where
claims against Canada are being
judged by the Federal
Government. The independent
commission will be established
by legislation, and will have
the authority to make binding
decisions.
IN THIS ISSUE..
2. UBCIC Press Releases
Indigenous Peoples Issues
Forum
4. Health Update
7. UBCIC Workshops
8. Resource Centre Update
SPECIFIC CLAIMS
(Continued on page 3)
1
UBCIC
NEWS
UBCIC
PRESS
RELEASES
INDIGENOUS PEOPLES'
ISSUES FORUM
Vancouver, B.C. - September 5, 1997
Chief Saul Terry, President of the Union of B.C. Indian
Chiefs, in response to the recent agreement between Alcan
Aluminum and the B.C. Government stated that:
The Carrier Sekani people have been sold out by the
government in this deal with Alcan. They were not consulted about
the details of this agreement, yet the government and the corporation
expect them to remain quiet while their fish stocks are devastated.
Once again government and business have shown their complete
disregard for the Indian peoples of this province.
The government talks about "protecting aboriginal rights,"
yet it has no problem signing a deal that gives Alcan control over
90% of the upper river flows, endangering the Nechako River
fisheries. These samefisherieshave sustained the Carrier Sekani
people for many generations. Now this deal will put about 20% of
the upriver runs in danger. Our people have heard all the rhetoric
before from government and industry about protecting the
environment. In striking this deal, they indicate how meaningless
such talk is.
The Union of B.C. Indian Chiefs supports the Carrier
Sekani people in their fight to protect theirfisheriesand their
aboriginal rights.
October 2, 1997
The 1997 People's Summit on A P E C
910-207 West Hastings Street
Vancouver, B.C., Canada V6B 1H7
Tel: (604) 682-1952 Fax: (604) 682-1931
Dear Terre:
It is with regret that I write to inform you that the Union
of B . C . Indian Chiefs will have to withdraw from the
planning process for the 1997 People's Summit on A P E C
Indigenous Peoples' Issues Forum. Our extremely limited
budget has been overtaxed in planning for the Forum. A s
is always the lot o f Indigenous Peoples worldwide,
neither we nor our National and International delegates
can afford to participate in the conference. T o provide
continued labour, materials and administration for the
Indigenous Peoples' Issues Forum would be irresponsible
Vancouver, B.C. -September 12, 1997
Chief Saul Terry, President of the Union of B.C. Indian
Chiefs, on the Slocan Valley hunger strike protests of Jack Ross and
Eloise Dolly Charet, stated that:
Jack Ross and Eloise Dolly Charet were arrested at logging
blockades and have been jailed because they have refused to sign
an undertaking promising not to interfere with logging in the
community watersheds of the Slocan Valley. They are not prepared
to compromise their belief that all people have a fundamental
human right to an adequate clean water supply.
The Union of B.C. Indian Chiefs respects this principled
stand. Our organization, founded in 1969, is based on strong
principles that continue to guide our actions as we fight for our
lands, our rights, and the sustainability of our communities.
Although the Slocan Valley is unceded land that belongs to the
Indian people, we know that many of our non-Aboriginal neighbours
share our belief that all peoples are entitled to clean, safe communities
and the basic necessities of life.
Indian people are no strangers to waterrightsissues in this
province. For many years, the province has systematically
encroached upon our access to adequate water. Logging that
interferes with a community watershed is cause for concern for all
of us. The Union of B.C. Indian Chiefs supports Jack Ross and
Eloise Dolly Charet in their struggle to protect this vital watershed.
to our citizens and our member nations
The limited travel bursaries available will not help people
who have no funds at all, and we do not have the
resources
to
invest
toward
travel,
facilities,
accommodations and coordination in general.
As Indigenous Peoples' representatives, we will advance
timely statements on the issue of A P E C before and during
the Vancouver conference in November. The continued
abuse of land, resources and Indigenous Peoples in their
homelands is not acceptable.
Mildred Poplar and Shauna-Leigh Maloney will facilitate
Indigenous participation in other Issue Forums who
requested Indigenous input.
Yours Truly,
UNION O F B . C . INDIAN CHIEFS
Chief Saul Terry, President
c.c. Chiefs Council of UBCIC
-30-
2
OCTOBER
1997
UBCIC
SPECIFIC CLAIMS POLICY REFORM (Continued from page 1)
WHY are the current specific claims policy and process
being overhauled?
The specific claims process is flawed. The aim of this reform
exercise is to broaden the scope and range of grievances that can
be considered under specific claims policy; it is also intended to
establish a faster and fairer process. The current reform effort is a
direct consequence of the frustration of Indian Governments with
the status quo, and the promise by the Liberal Government in its
1993 Redbook to undertake a major reform of the federal claims
policy on a national basis, in consultation with aboriginal peoples.
WHO is behind this proposal for claims reform?
Intensive technical discussions have been taking place
between the Assembly of First Nations Chiefs Committee on
Claims and the Special Projects Unit, part of DIAND's Specific
Claims Branch, during the course of this year. The UBCIC has been
represented at this table by Neskonlith Chief and Shuswap Nation
Tribal Council Chair Arthur Manuel and Wayne Haimila, who has
been deeply involved with the technical aspects of the claims
reform process since the Summer of Oka. Tzeachten Chief and
Aboriginal Council of B.C. Chair Ken Malloway is also active on
the Chiefs Committee on Claims. B.C.'s interests have been
strongly represented during this claims reform exercise.
NEWS
UBCIC W E L C O M E S THREE N E W
RESEARCH ASSISTANTS
Shauna- Leigh Maloney, Cecilia Sam and Angie Shuter
will be helping the Research Department with the development
of a research manual for non-professional community-based
researchers. Welcome Aboard!
Shauna-Leigh Maloney recently graduated with an
Associates of Arts degreee from the Institute of Indigenous
Government. While there, she acted as a student representative
on the Board of Governors, and spent a summer as a student
policy analyst with the UBCIC. She has also worked with the
First Nations Tribal Justice Institute in Mission, B.C.
Cecilia Sam is a member of the Burns Lake Indian Band.
She is currently completing her Master's degree in sociology at
UBC. Her thesis deals with land losses on reserves, and DIA's
role and responsibilities. Cecilia has taken both the basic
research and RG 10 (DIA's Records at the National Archives of
Canada) workshop offered by the UBCIC Research Department.
Angie Shuter is a member of the Lower Nicola Band.
She has a Bachelor's degree in Sociology/Anthropology with a
minor in archaeology from Simon Fraser University, and she is
currently taking courses at the Institute of Indigenous Government. Angie has experience as a specific claims archival
researcher and has also worked in a museum setting.
UNION OF B.C. INDIAN CHIEFS
WHEN will the Independent Commission and new process
take effect?
The AFN's Chiefs Committee on Claims has been working
to a self-imposed and very tight deadline - April 1, 1998. Because
the goal is an independent claims commission with a legislated
mandate, it will be necessary for DIAND to make a submission to
Cabinet. This submission must be made as soon as possible if the
deadline is to be met. The window of opportunity for crucial
grassroots feedback is small. The AFN's national claims reform
assembly in thefirstweek ofNovember will present the draft claims
reform proposal to Chiefs, seek their feedback and secure direction
to proceed.
29th Annual General Assembly
"INDIAN G O V E R N M E N T : Present Day
Realities and Plans for the Future"
You are Cordially
Invited
October 21, 22, 23, 1997
U'gwamalis Hall
Tsa'kis (Fort Rupert)
WHAT concerns does the UBCIC have about this draft
proposal?
The UBCIC resolutely supports the idea of a truly
independent claims commission with the legislated authority to
make binding determinations and so has participated in the
development of the current "'working draft". It has spoken out
vigorously on the Chiefs Committee on Claims about the need
for thorough and extensive consultation within the B.C. region.
It has also expressed concerns about "joint" research approach
being aggressively promoted by the Federal Government. The
UBCIC believes that Indian Governments must be able to access
funding and resources to develop their claims issues to the point
of submission to the new independent claims commission
without Federal Government interference.
OCTOBER
1997
Contacts:
Union of BC Indian Chiefs - Mildred Poplar (604) 684-0231
Kwakiutl Indian Band - David Hunt (250) 949-6012
3
UBCIC
NEWS
Health
Update
National Health and Welfare announced its downsizing
program to bring down the country's deficit in '94-'95 fiscal
year. The Medical Services Branch in every region were
expected to make changes to all of its health programs but the
Union of B.C. Indian Chiefs addressed only changes to the
Non-Insured Health Benefits (N.I.H.B.) program and reported
this fact to aboriginal people, both on and off reserve in British
Columbia in 1996.
The Union of Chiefs Position on Aboriginal Right to
health care is:
"The Aboriginal Right to health is a right to health care. It
is derived from our Nation's inherent sovereignty and
unextinguished Aboriginal Title. It reflects our People's
philosophy and ideology. It is an inseparable and inalienable
aspect of our People's unbroken connection to Mother Earth
and our unextinguished
ownership of our
traditional
territories and resources. The right to health encompasses
our People's right 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''.
The Non-Insured Health Benefits program is one of the
fundamental services provided to Indian people. They cover
Medical Insurance Premiums; Drugs; Supplies and Equipment;
Dental Care; Vision Care and Transportation. These health
benefits cover medical services for the purpose of maintaining
our health, preventing disease, diagnosing or treating an
illness, injury or disability.
[Not only is cutback or changes to health programs such as the
N.I.H.B dangerous to the rights of aboriginal communities,
but the health transfer is being used to terminate Crown's
obligation to Indian nations]
HEALTH TRANSFER
Information on this update is obtained from the First
Nations Health Secretariat report to the 18th Annual General
Assembly of the Assembly of First Nations.
There is no formal national process between First
Nations and Medical Services Branch, Health Canada for
First Nations' control of Indian health programs. There arc
regional co-management or bilateral processes for decision-
4
making on setting priorities m health. This is the exact strategy
developed by the Department of Indian and Northern Affairs
to settle self-government band by band through these kinds of
processes. The reaction by Indian Bands in changes to their
health programs was based on their position that the Federal
Government has legal and fiduciary obligation to provide
health services to their people based on their aboriginal and
treaty right to health. This position has not changed for our
people but the treaty rights issue and unresolved fiduciary
relationship concerning First Nations health remain at a
standstill. A.F.N,
state that First Nations now know that
within a health transfer agreement, it is the legal opinion of
Health Canada that there is diminishment of federal
fiduciary
responsibility.
Every Indian Band should be aware that transfer
agreements between the federal and provincial governments
affect their communities in some way. In the case of Canada
Health and Social Transfer reform based on cutbacks in
spending, provinical health budgets will be affected. Services
to First Nations will likely fall to the new lower levels provided
by the provinces for their own citizens. As provinces cut back
on general health services, Medical Services Branch likely will
match these lower levels of services and apply them to First
Nations. The provinces maintain their position that the federal
government is responsible for health services to First Nations
regardless of their residence but this does not stop federal offloading to provinces.
Recommendation.
That the Union of B.C. Indian Chiefs give notice to
the Government of Canada their Position on Canada-Crown
relationship which gives the Crown prime responsibility for
health services to Indian Nations; that National Health and
Welfare does not have the authority to relieve the Crown of
its obligations to Indian Nations through co-management
practices or the transfer of health process, unless Indian
Nations give their consent; that a mandate be given to the
Assembly of First Nations to continue to seek recognition
of treaty and aboriginal right to health; that the Union of
B . C . Indian Chiefs inform Indian Bands in British
Columbia of the dangers in agreeing to health transfer
programs.
NON-INSURED H E A L T H BENEFITS
Changes are made to federally funded programs for
either of two reasons: deficit control or program management.
In the case of Indian programs, when government departments
are criticized by the Auditor-General to improve on their
management techniques, use this reason as an excuse to
change the Indian/Crown relations rather than improve
management of the program. In 1993 the Auditor-General
chastised Medical Services Branch for mismanagement of the
H E A L T H UPDATE (Continued on page 5)
OCTOBER
1997
UBCIC
H E A L T H UPDATE (Continued from page 4)
N.I.H.B. monies, unclear mandates and regional variations in
benefits and benefit levels. Rather than improve staff
management of the NIHB program, MSB made drastic changes
short of violating the human rights of Indian peoples. The
same could be said about the 1985 Auditor-General criticism
of Indian Affairs for mismanagement of Lands, Revenues and
Trust. Rather than improve their land management program,
they attempted to amend the Indian Act en masse. Much of it
was shelved at a cost of thousands of dollars. Many times
government departments rework their mandates to avoid
litigation if it is proven they have not lived up to their fiduciary
obligations to Indian people. It is safe to say changes are not
made in the best interest of Indian people's health but for cost
cutting purposes only.
-
According to the Assembly of First Nations report, in
each and every region in Canada, federally funded health care
to First Nations has been capped regionally and nationally.
First Nations have unanimously rejected federal imposition of
their regional envelope system and have continually demanded
that the Minister and his officials justify the cuts to First
Nations health care funding when the health status gap between
First Nations and Canadians are widening.
While Medical Services are cutting back funds to such
programs as the NIHB, added services are required by First
Nations. These are traditional healing, home care nursing,
emergency response to community solvent and substance
abuse which are under Building Health Communities program.
There is complaints by First Nations representatives
that Medical Services act unilaterally without First Nations
input and make arbitrary decisions on NIHB benefits and
benefit levels. They will not recognize the authority of First
Nations to decide the parameters of their own health care
system. After all, the right to good standard health care is a
human right for everyone.
DENTAL SERVICES
The changes to the dental program has affected not only
First Nations but dental schedules, fees and levels has forced
the dental profession to ask First Nations to pay the difference
in cost. In some areas, First Nations were quick to respond that
their people cannot handle this added burden.
The new Schedule of Dental Services for Indian and
Inuit People of Canada became effective January 1, 1996. This
fee guide significantly changes the dental benefits which
include:
- one recall examination per year for adults vs two last year.
- one emergency exam per year vs unlimited last year. (If one
dentist examines you then a second dentist cannot examine you
OCTOBER
1997
NEWS
in the same year).
- one panoramic x-ray in 10 years vs 5 last year.
- 1/2 unit of polishing (prophy) per year for adults, two 1/2
units for
children vs a complete cleaning last year.
- a reduction of scaling and root planing per year.
- one crown every 3 years vs two crowns in a 5 year period.
- one filling per tooth in a 5 year period vs one filling per tooth
in a 2 year period.
- one root canal per 3 years vs two in a 5 year period.
- one denture per 8 years vs 5 years.
- limited number of x-rays per year.
- no fluroride for adult patients.
- reductions in denture repairs/adjustments/additions.
Children and youth may not be affected by these
changes. Band government workers do not have changes to
new schedules in order to advise band members who require
dental services. Indian people who go to their dentist are
generally told for the first time of changes to services now
available to them.
UPDATE O N DRUG. SUPPLIES A N D EQUIPMENT
The N . I .H. B. program reimburses the cost of prescription
drugs and other medical supplies not covered by provincial
drug plans to eligible recipients.
An expert committee known as the Pharmacy and
Therapeutics Committee established by Medical Services
Branch and composed of physicians, pharmacologists and
pharmacists review and recommend drugs to be delisted by
Medical Services. They determine which prescription products
will be placed on the NIHB's benefit list.
This committee delisted over 300 prescription drugs
and medical supplies from its formulary. Their decision is
binding and there is no appeal process for First Nations to
review their recommendations. First Nations have not been
consulted nor have any decision-making power over the
delisting process.
Medical Services now refuse to pay for the dispensing
of non-prescription (over-the-counter) medications. Patients
have to pay for these products then apply directly to NIHB for
reimbursement. This also ends the recording of patient's drug
profiles by pharmacies. Health and Welfare Canada also
rolled back the professional fees to pharmacists which means
they can no longer provide the same level of services to their
customers. They may have to ask First Nations to pay for the
full cost of their prescription then seek reimbursement from
Medical Services. Pharmacies are also experiencing difficulties
in obtaining approvals for supplies such as crutches, braces,
H E A L T H UPDATE (Continued on page 6)
5
UBCIC
NEWS
HEALTH UPDATE (Continued from page 5)
AssemblyofFirstNations
REGIONAL INITIATIVES PROTOCOL
Dear Chiefs:
I am writing concerning the Regional Initiatives
Protocol item which is on the agenda for a meeting
of Provincial/Territorial Organizations and the AFN
Executive in Calgary on September 14-15, 1997.
The purpose of this is to determine the interests of
Chiefs who are engaged in self-government and
land claims processes, to develop a protocol for
exchanging information and sharing strategies about
our regional processes.
As you know, an important task which I face
as National Chief, it to build the unity of the
Assembly of First Nations. In recent years, significant new processes have emerged in different parts
of Canada. Each of these is unique yet addresses
common issues we face from coast to coast.
The Assembly of First Nations has played
little or no role in supporting these processes in the
past. However, as I see the Assembly evolving to
meet the future, I believe the organization must at
least assist you in your regional initiatives, as
requested. A discussion would be a first step in
exploring the best way to build the capacity of the
Assembly in this regard.
I think it would be useful to share information regarding where we are with these various
processes, including an assessment of areas in
which assistance from the National Office would be
welcome or valuable. I would like to discuss the
idea of developing a protocol among the Chiefs and
organizations which are engaged in self-government and land claims processes and discussions. I
see merit in this idea because we could facilitate an
exchange of information and properly identify national issues at your direction. The Assembly of
First Nations could consider establishing a secretariat in the Office of the Chief for this purpose.
Of course, these ideas are for discussion and
development at our meeting, so that we can begin to
build together effective strategies at the national
level to support your region.
canes, bandages and ostomy supplies. Many medications are no
longer covered by NIHB.
In July '97 the Union of Chiefs received a copy of a letter
written to Chiefs and Council from the Regional Director of
Medical Services Branch in Pacific Region reporting on their
negotiations with the British Columbia Pharmacy Association
regarding pricing of products and the amount and application of
dispensing service fees. The main disagreement was on maximum
allowable charge for dispensing fees and to conclude this matter,
Medical Services Branch made a unilateral decision and set the
maximum allowable for these fees. This became effective in
August, 1997.
A policy of low cost alternatives to prescribe generic
drug, if available, has been introduced. This is the main area of
complaints from First Nations who do not want second best to
their prescriptions. Medical Services will cover only generic
drugs. First Nations are not getting enough information on all the
changes have taken place to the Non-Insured Health Benefits
program.
The Union of B.C. Indian Chiefs receive complaints to
many of the changes to prescriptions, counselling services, prior
approvals requirements and lack of new guidelines for Indian
bands.
C O N T R A C T OF NIHB
This year Medical Services Branch decided to seek new
contract to administer the NIHB.
Liberty Blue Cross held the contract but it was retendered. Eight applications were received. The concern of
First Nations was the substantial increase in administrative costs
from the Liberty Blue Cross contract to the new one. Also,
although health transfer increases the utilization rate of such
services as dental, funding does not escalate to allow for this
increased use of services. Medical Services Branch responded
to these concerns that additional costs would have to come from
within the envelope and so there would be less money available
for the actual provision of benefits.
The other issues raised by First Nations included the
ability to transfer the responsibility for claims payment processing
to individual First Nations who had taken control of the drug and
dental component of the NIHB program into the pilot projects.
Regional contracts versus national contracts need to be examined
for impacts on First Nations.
Phil Fontaine
National Chief
6
OCTOBER
1997
UBCIC
NEWS
UNION O F B.C. INDIAN CHIEFS
JOINT POLICY COUNCIL
FORESTRY WORKSHOP
The Joint Policy Council's forestry workshop will
inform communities about current forest issues and
government policy. It will also provide communitybased input to guide negotiations at the Joint Policy
Council forestry table. The workshop will give community
members and U B C I C staff an opportunity to discuss
policy related to such things as access to timber, Traditional
Use and archaelogical studies, the consultation process,
the Jobs/Timber Accord, and economic development.
The Forestry Workshop is available to communities
and/or Tribal Councils upon request. There is no charge
for the workshop, but staff travel expenses must be
covered by the Band or Tribal Council. For more
information please call:
Paulette Regan, U B C I C Joint Policy Council Coordinator
Phone: (604) 684-023 1 Fax: (604) 684-5726
MYSTERY PHOTO
Do You Know This Woman?
UBCIC
NEWSLETTER
DEADLINE
The deadline for the next Newsletter has been
set for November 5, 1997. If you have any
issues 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 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
OCTOBER
1997
UBCIC WORKSHOPS
The UBCIC is developing workshops to
inform Indian people and communities about
the impact of the B.C. Treaty process on our
Aboriginal Title and Rights.
We are prepared to offer this workshop
to interested community groups, bands,
tribal councils etc.
For more information please contact
the UBCIC Vancouver office:
5th Floor - 342 Water Street
Vancouver, B.C. V6B 1B6
Tel: (604)684-0231 Fax: (604)684-5726
• E-Mail: [email protected]
7
UBCIC
NEWS
HEALTH CANADA
RESOURCE CENTRE
C A T A L O G FREE ON DISK
RESOURCE CENTRE
UPDATE
REQUESTS FOR INFORMATION FROM RESOURCE
CENTRE
We have reduced our staff positions in the Resource Centre
from three positions to two. During the school year, when we are
serving our regular user base as well as the students, faculty and
staff of the Institute of Indigenous Government, I expect that the
pace will be very hectic. To help us serve our on-site and off-site
users more effectively, please FAX your requests for information
to us whenever possible rather than calling by phone. Our FAX
number is (604) 684-5726. Remember to include you name, Band
affiliation, and a phone and fax where you may be reached and
between what hours. Our hours are yet to be determined. I will
include them in the next Newsletter. Another benefit of faxing is
that you will be sure to reach us whether we are open or not and
whether or not we are near a phone to catch your call.
COMMUNITY LIBRARIAN TRAINING PROGRAM
The Community Librarian Training Program sponsored by
the Library Service Branch of the Ministry of Municipal Affairs,
is a distance education learning program which may be of interest
to staff and volunteers in Indian Band, school or other types of
libraries. Students in the program receive support from experienced
tutors, Library Services Branch consultants and other students by
phone, mail or electronic messaging. Students are evaluated on a
combination of written assignments, practical projects and/or
supervised examinations. Required reading and course materials
are included in print or on-line course materials. Some courses may
also be eligible for transfer credit to Library Technology programs.
Courses range from Cataloguing and Classification to an
Introduction to the Internet. If you are already working or
volunteering for an Indian Band library courses are $32.10 per
course. If you are a regular student wanting to start a library career,
courses are $ 107.00 per course.
If you want course outlines and more information, contact:
Community Librarian Training Program
Library Services Branch
L50-4946 Canada Way
Burnaby, B.C. V5G 4H7
or call Toll Free in B.C. 1-800-448-8228 and ask for Ene Haabniit
or Michele Cote. Registration should be. in by mid-September for
some
8
If you would like a copy of
Health Canada's Regional Resource
Centre catalog comprised of 1,020
pages on 3 1/2" disk, FAX a request
tome. The catalog contains a great
deal of free material of specific
interest to anyone working with First
Nations people and health. I will
include an order form with your
disk so that you may request
materials of interest directly from
Health Canada.
ACCESS T H E RCAP FINAL REPORT ON THE INTERNET
The full text of the Final Report of the Royal Commission
on Aboriginal Peoples is available on the website for the Institute
of Indigenous Government at www.indigenous.bc.ca. You will
also find more information about the IIG and course offerings on
this website.
If you are in Vancouver for any reason, take some time to come into
the Resource Centre just to browse and see what we have. Our guest
book this summer includes visitors from all over the world. You are
always welcome.
Happy
Thanksgiving
on behalf of the
of the
UBCIC
courses.
OCTOBER
1997
UBCIC
NEWS
MAP OF THE SOVEREIGN INDIGENOUS NATIONS
TERRITORIAL BOUNDARIES: JUNE, 1993
The Union of B.C. Indian Chiefs' map of the Sovereign Indigenous Nations Territorial Boundaries is the only contemporary
map that accurately shows the traditional tribal territories of the 23 Indian Nations in British Columbia. The six colour map measures
28" x 36".
The tribal territories are the homelands of distinct Nations, within which their respective peoples share a common language,
culture and traditional forms of political and social organization. These homelands have been occupied by the Indian Nations since
time immemorial. Up to the present, the Indian Nations in British Columbia have never surrendered their ownership of their homelands
(aboriginal title), nor have they surrendered their original sovereignty as nations to govern their homelands (inherent jurisdiction).
Information on the territorial boundaries was compiled by the Union's research portfolio and President's office between July,
1990 and April, 1993 from archival research and information provided by elders, chiefs, and tribal councils. Chief Saul Terry, President
of the Union and a graduate of the Vancouver College of Art (now the Emily Carr College of Art and Design), prepared the working
drafts for the map.
Design and cartography for the June, 1993 map was done by David Sami, chief cartographer of Multi Mapping Ltd. in
Vancouver, B.C., using a 1:2,000,000 scale base-map from the Surveys and Environment Branch of the British Columbia Ministry
of Environment, Lands and Parks. All territorial boundaries shown on the map are subject to further revision, as additional information
becomes available. Contact the Union of B.C. Indian Chiefs at (604) 684-0231 for ordering information.
28" x 36" / Scale: 1:2 000 000 / Six Colours
OCTOBER
1997
9
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OCTOBER
1997
Union of B.C.
IndilanChiets
‘Our Land is Our CFature”
NEWSLETTER
29th Annual General Assembly set for October 21, 22, 23, 1997 in
Tsa‘kis (Fort Rupert)
i] 1 is harvest season and
/ this will be celebrated with
families on October 13th
weekend. It is a time to gather
the bounty of our lands and
make plans for the upcoming
seasons. The Union of B.C.
Indian Chiefs will be holding
their 29th Annual General
Assembly on October 21, 22
and 23, 1997 at Tsa'kis (Fort
Rupert. B.C.) giving us the
opportunity to meet, reflect and
feast together to celebrate this
past year.
The question is what can
we celebrate? Considering the
fact that the government's
corral is getting smaller and
smaller, leading us to a chute
which many of our people do
not wish to enter. The truth is
our forest, fish and marine and
winged food chains are
dwindling because their
habitats are being
destroyed or poisoned.
Through all this we have
Survived. We have also
survived the systematic
repressive and oppressive
policies of succeeding
governments. Let me
emphasize that these
policies are disguised as
progressive and are promoted
as such to the general public.
Our peoples are having to
survive within the programs
andpoliciesestablished
by governments for us. How
these policies impact on our
communities will be reflected
through our annual assembly
theme: ‘‘Indian Government:
Present Day Realitiesand Plans
For The Future’’.
In spite of the
continued degrading
policies by the
government, let us
celebrate our survival and talk
about practical solutions on
how we, as members of our
respective nations, can protect
our Aboriginal Title for the
future generations.
Let us gather
together in a community like
T’sakisin Kwakiutl territory to
hear from knowledgeable
people. We will share
information on the realities of
true self- determination and
come to understand how it has
been demeaned. The least we
cando iscome togethertoform
our Circle to strengthen our
land rights and preserve it.
SPECIFIC CLAIMS POLICY REFORM
UPDATE
DEADLINE FOR GRASSROOTS
CONSULTATION NEARING
A proposal has been worked out for a new process for
submitting your specific claims to a ‘‘independent claims body’’,
After extensive negotiations, this reform proposal is now ready to
be presented to communities for their input and feedback. The
window for consultation is very short - only afew weeks. A national
conference will be held in Quebec City in the first week of
November where there will be an opportunity for communities
from the B.C. Region to discuss any regional concerns relating to
this proposal and to raise them at the national table. In the
meantime the ‘‘working draft’’, as it is called, is also on the agenda
of the UBCIC’s 29th Annual General Assembly at Fort Rupert on
Tuesday, October 21st. Anyone wanting more information about
this claims reform proposal is encouraged to attend the UBCIC
AGA and the AFN conference in Quebec City (which will be at
least partly subsidized). Feel free as well to contact Leigh Ogston
at the UBCIC Research Office for more information.
WHAT is this independent
claims body?
The new independent
commission is supposed to do
away with the current conflict
of interest siluation where
claims against Canadaare being
judged by the Federal
Government. The independent
commission will be established
by legislation, and will have
the authority to make binding
decisions.
SPECIFIC CLAIMS
(Continued on page 3)
i
IN THIS ISSUE...
2. UBCIC Press Releases
Indigenous Peoples Issues
Forum
4. Health Update
7. UBCIC Workshops
8. Resource Centre Update
OCTOBER 1997
UBCIC NEWS
UBCIC PRESS RELEASES
Vancouver, B.C.—September 5, 1997
Chief Saul Terry, President of the Union of B.C. Indian
Chiefs, in response to the recent agreement between Alcan
Aluminum and the B.C. Government stated that:
The Carrier Sekani people have been sold out by the
government in this deal with Alcan. They were not consulted about
the details ofthis agreement, yet the government andthe corporation
expect them to remain quiet while their fish stocks are devastated.
Once again government and business have shown their complete
disregard for the Indian peoples of this province.
The govemment talks about ‘protecting abonginal nghts,
yet it has no problem signing a deal that gives Alcan control over
90% of the upper river flows, endangering the Nechako River
fisheries. These same fisheries have sustained the Carrier Sekani
people for many generations. Now this deal will put about 20% of
the upriver runs in danger. Our people have heard all the rhetoric
before from government and industry about protecting the
environment. In striking this deal, they indicate how meaningless
such talk 1s.
The Union of B.C. Indian Chiefs supports the ‘Carrier
Sekani people in their fight to protect their fisheries and their
aboriginal rights.
Vancouver, B.C. --September 12, 1997
Chief Saul Terry, President of the Union of B.C. Indian
Chiefs, on the Slocan Valley hunger strike protests of Jack Ross and
Eloise Dolly Charet, stated that:
Jack Ross and Eloise Dolly Charet were arrested at logging
blockades and have been jailed because they have refused to sign
an undertaking promising not to interfere with logging in the
community watersheds of the Slocan Valley. They are not prepared
to compromise their belicf that all people have a fundamental
human right to an adequate clean water supply.
The Union of B.C. Indian Chiefs respects this principled
stand. Our organization, founded in 1969, is based on strong
principles that continue to guide our actions as we fight for our
lands, our rights, and the sustainability of our communities.
Although the Slocan Valley is unceded land that belongs to the
Indian peopie, we know that many of our non-Aboriginal neighbours
share our belief that all peoples are entitled to clean, safe communities
and the basic necessities of life.
Indian people are no strangers to water rights issues in this
province. For many years, the province has systematically
encroached upon our access to adequate water. Logging that
interferes with a community watershed is cause for concern for all
of us. The Union of B.C. Indian Chiefs supports Jack Ross and
Eloise Dolly Charet in their struggle to protect this vital watershed.
-30-
INDIGENOUS PEOPLES’
ISSUES FORUM
October 2, 1997
The 1997 People's Summit on APEC
910-207 West Hastings Street
Vancouver, B.C., Canada V6B 1H7
Tel: (604) 682-1952 Fax: (604) 682-1931
Dear Terre:
It is with regret that ] write to inform you that the Union
of B.C. Indian Chiefs will have to withdraw from the
planning process for the 1997 People’s Summit on APEC
Indigenous Peoples’ Issues Forum. Our extremely limited
budget has been overtaxed in planning for the Forum. As
is always the lot of Indigenous Peoples worldwide,
neither we nor our National and International delegates
can afford to participate in the conference. To provide
continued labour, materials and administration for the
Indigenous Peoples’ Issues Forum would be irresponsible
to our citizens and our member nations
The limited travel bursaries available will not help people
who have no funds at all, and we do not have the
resources to invest toward travel, facilities,
accommodations and coordination in general.
As Indigenous Peoples’ representatives, we will advance
timely statements on the issue of APEC beforeand during
the Vancouver conference in November. The continued
abuse of land, resources and Indigenous Peoples in their
homelands is not acceptable.
Mildred Poplar and Shauna-Leigh Maloney will facilitate
Indigenous participation in other Issue Forums who
requested Indigenous input.
Yours Truly,
UNION OF B.C. INDIAN CHIEFS
Chief Saul Terry, President
c.c. Chiefs Council of UBCIC
OCTOBER 1997
UBCIC NEWS
SPECIFIC CLAIMS POLICY REFORM (Continued from page 1)
WHY are the current specific claims policy and process
being overhauled?
The specific claims process is flawed. The aim ofthis reform
exercise is to broaden the scope and range of grievances that can
be considered under specific claims policy; it is also intended to
establish a faster and fairer process. The current reform effort is a
direct consequence of the frustration of Indian Governments with
the status quo, and the promise by the Liberal Government in its
1993 Redbook to undertake a major reform of the federal claims
policy ona national basis, in consultation with aboriginal peoples.
WHO is behind this proposal for claims reform?
Intensive technical discussions have been taking place
between the Assembly of First Nations Chiefs Committee on
Claims and the Special Projects Unit, part of DIAND’s Specific
Claims Branch, during the course ofthis year. The UBCIC has been
represented at this table by Neskonlith Chief and Shuswap Nation
Tribal Council Chair Arthur Manuel and Wayne Haimila, who has
been deeply involved with the technical aspects of the claims
reform process since the Summer of Oka. Tzeachten Chief and
Aboriginal Council of B.C. Chair Ken Malloway is also active on
the Chiefs Committee on Claims. B.C.’s interests have been
strongly represented during this claims reform exercise.
WHEN will the Independent Commission and new process
take effect?
The AFN’s Chiefs Committee on Claims has been working
to a self-imposed and very tight deadline - April 1, 1998. Because
the goal is an independent claims commission with a legislated
mandate, it will be necessary for DIAND to make a submission to
Cabinet. This submission must be made as soon as possible if the
deadline is to be met. The window of opportunity for crucial
grassroots feedback is small. The AFN’s national claims reform
assembly in the first week of November will present the draft claims
reform proposal to Chiefs, seek their feedback and secure direction
to proceed.
WHAT concerns does the UBCIC have about this draft
proposal?
The UBCIC resolutely supports the idea of a truly
independent claims commission with the legislated authority to
make binding determinations and so has participated in the
development of the current “*working draft’’. It has spoken out
vigorously on the Chiefs Committee on Claims about the need
for thorough and extensive consultation within the B.C. region.
It has also expressed concerns about ‘‘joint’’ research approach
being aggressively promoted by the Federal Government. The
UBCIC believes that Indian Governments must be able to access
funding and resources to develop their claims issues to the point
of submission to the new independent claims commission
without Federal Government interference.
UBCIC WELCOMES THREE NEW
RESEARCH ASSISTANTS
Shauna- Leigh Maloney, Cecilia Sam and Angie Shuter
will be helping the Research Department with the development
of a research manual for non-professional community-based
researchers. Welcome Aboard!
Shauna-Leigh Maloney recently graduated with an
Associates of Arts degreee from the Institute of Indigenous
Government. While there, she acted as a student representative
on the Board of Governors, and spent a summer as a Student
policy analyst with the UBCIC. She has also worked with the
First Nations Tribal Justice Institute in Mission, B.C.
Cecilia Sam is a member of the Burns Lake Indian Band.
She is currently completing her Master's degree in sociology at
UBC. Her thesis deals with land losses on reserves, and DIA's
role and responsibilities. Cecilia has taken both the basic
research and RG 10 (DIA's Records at the National Archives of
Canada) workshop offered by the UBCIC Research Department.
Angie Shuter is a member of the Lower Nicola Band.
She has a Bachelor's degree in Sociology/Anthropology with a
minor in archaeology from Simon Fraser University, and she is
currently taking courses at the Institute of Indigenous Govern-
ment. Angie has experience as a specific claims archival
researcher and has also worked in a museum setting.
UNION OF B.C. INDIAN CHIEFS
29th Annual General Assembly
"INDIAN GOVERNMENT: Present Day
Realities and Plans for the Future"
You are Cordially Invited
October 21, 22, 23, 1997
U'gwamalis Hall
Tsa'kis (Fort Rupert)
Contacts:
Union of BC Indian Chiefs - Mildred Poplar (604) 684-0231
Kwakiutl Indian Band - David Hunt (250) 949-6012
OCTOBER 1997
UBCIC NEWS
Health Update
National Health and Welfare announced its downsizing
program to bring down the country’s deficit in °94-’95 fiscal
year. The Medical Services Branch in every region were
expected to make changes to all of its health programs but the
Union of B.C. Indian Chiefs addressed only changes to the
Non-Insured Health Benefits (N.I.H.B.) program and reported
this fact to aboriginal people, both on and off reserve in British
Columbia in 1996.
The Union of Chiefs Position on Aboriginal Right to
health care is:
“The Aboriginal Right to health is a right to health care. It
is derived from our Nation's inherent sovereignty and
unextinguished Aboriginal Title. It reflects our People’s
philosophy and ideology. Itisaninseparable and inalienable
aspect ofour People’s unbroken connection to Mother Earth
and our unextinguished ownership of our traditional
territories and resources. The right to health encompasses
our People’s right to physical, spiritual, mental and social
well-being. Itis 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 uphald and
protect for the mutual benefit ofall our Peoples, and for those
vet unborn’
The Non-Insured Health Benefits program is one of the
fundamental services provided to Indian people. They cover
Medical Insurance Premiums; Drugs; Supplies and Equipment;
Dental Care; Vision Care and Transportation. These health
benefits cover medical services for the purpose of maintaining
our health, preventing disease, diagnosing or treating an
illness, injury or disability.
[Not only 1s cutback or changes to health programs such as the
N.I.H.B. dangerous to the rights of aboriginal communitics,
but the health transfer is being used to terminate Crown’s
obligation to Indian nations}
HEALTH TRANSFER
Information on this update is obtained from the First
Nations Health Secretariat report to the 18th Annual General
Assembly of the Assembly of First Nations.
There is no formal national process between First
Nations and Medical Services Branch, Health Canada for
First Nations’ control of Indian health programs. There are
regional co-management or bilateral processes for decision-
making on setting prionties in health. This is the exact strategy
developed by the Department of Indian and Northem Affairs
to settle self-government band by band through these kinds of
processes. The reaction by Indian Bands in changes to their
health programs was based on their position that the Federal
Government has legal and fiduciary obligation to provide
health services to their people based on their abonginal and
treaty right to health. This position has not changed for our
people but the treaty rights issue and unresolved fiduciary
relationship concerning First Nations health remain at a
standstill. A.F-N. state that First Nations now know that
within a health transfer agreement, it is the legal opinion of
Health Canada that there is diminishment of federal fiduciary
responsibility.
Every Indian Band should be aware that transfer
agreements between the federal and provincial governments
affect their communities in some way. In the case of Canada
Health and Social Transfer reform based on cutbacks in
spending, provinical health budgets will be affected. Services
to First Nations will likely fall to the new lower levels provided
by the provinces for their own citizens. As provinces cut back
on general health services, Medical Services Branch likely will
match these lower levels of services and apply them to First
Nations. The provinces maintain their position that the federal
government ts responsible for health services to First Nations
regardless of their residence but this does not stop federal off-
loading to provinces.
Recommendation.
That the Union of B.C. Indian Chiefs give notice to
the Government of Canada their Position on Canada-Crown
relationship which gives the Crown prime responsibility for
health services to Indian Nations; that National Health and
Welfare does not have the authority to relieve the Crown of
its obligations to Indian Nations through co-management
plagues or the transfer of health process, unless Indian
Nations give their consent; that a mandate be given to the
Assembly of First Nations to continue to seek recognition
of treaty and aboriginal nght to health; that the Union of
B.C. Indian Chiefs inform Indian Bands in British
Columbia of the dangers in agreeing to health transfer
programs.
NON-INSURED HEALTH BENEFITS
Changes are made to federally funded programs for
either of two reasons: deficit control or program management.
In the case of Indian programs, when government departments
are criticized by the Auditor-General to improve on their
management techniques, use this reason as an excuse to
change the Indian/Crown relations rather than improve
management of the program. In 1993 the Auditor-General
chastised Medical Services Branch for mismanagement of the
HEALTH UPDATE (Continued on page 5)
4
OCTOBER 1997
UBCIC NEWS
HEALTH UPDATE (Continued from page 4)
N.I.H.B. monies, unclear mandates and regional variations in
benefits and benefit levels. Rather than improve staff
management of the NIHB program, MSB made drastic changes
short of violating the human rights of Indian peoples. The
same could be said about the 1985 Auditor-General criticism
of Indian Affairs for mismanagement of Lands, Revenues and
Trust. Rather than improve their land management program,
they attempted to amend the Indian Act en masse. Much of it
was shelved at a cost of thousands of dollars. Many times
government departments rework their mandates to avoid
litigation ifit is proven they have not lived up to their fiduciary
obligations to Indian people. It is safe to say changes are not
made in the best interest of Indian people’s health but for cost
cutting purposes only.
According to the Assembly of First Nations report, in
cach and every region in Canada, federally funded health care
to First Nations has been capped regionally and nationally.
First Nations have unanimously rejected federal imposition of
their regional envelope system and have continually demanded
that the Minister and his officials justify the cuts to First
Nations health care funding when the health status gap between
First Nations and Canadians are widening.
While Medical Services are cutting back funds to such
programs as the NIHB, added services are required by First
Nations. These are traditional healing, home care nursing,
emergency response to community solvent and substance
abuse which are under Building Health Communities program.
There is complaints by First Nations representatives
that Medical Services act unilaterally without First Nations
input and make arbitrary decisions on NIHB benefits and
bencfit levels. They will not recognize the authority of First
Nations to decide the parameters of their own health care
system. After all, the mght to good standard health care is a
human nght for everyone.
DENTAL SERVICES
The changes to the dental program has affected not only
First Nations but dental schedules, fees and levels has forced
the dental profession to ask First Nations to pay the difference
incost. Insome areas, First Nations were quick to respond that
their people cannot handle this added burden.
The new Schedule of Dental Services for Indian and
Inuit People of Canada became effective January |, 1996. This
fee guide significantly changes the dental benefits which
include:
- One recall examination per year for adults vs two last year.
- one emergency exam per vear vs unlimited last year. (If one
dentist examines you then a second dentist cannot examine you
in the same year).
- one panoramic x-ray in 10 years vs 5 last year.
- 1/2 unit of polishing (prophy) per year for adults, two 1/2
units for
children vs a complete cleaning last year.
- a reduction of scaling and root planing per year.
- one crown every 3 years vs two crowns in a 5 year penod.
- one filling per tooth ina 5 year period vs one filling per tooth
in a 2 year period.
- one root canal per 3 years vs two in a 5 year period.
- one denture per 8 years vs 5 years.
- limited number of x-rays per year.
- no fluroride for adult patients.
- reductions in denture repairs/adjustments/additions.
Children and youth may not be affected by these
changes. Band government workers do not have changes to
new schedules in order to advise band members who require
dental services. Indian people who go to their dentist are
generally told for the first time of changes to services now
available to them.
UPDATE ON DRUG, SUPPLIES AND EQUIPMENT
The N.I.H.B. program reimburses the cost of prescnption
drugs and other medical supplies not covered by provincial
drug plans to eligible recipients.
An expert committee known as the Pharmacy and
Therapeutics Committee established by Medical Services
Branch and composed of physicians, pharmacologists and
pharmacists review and recommend drugs to be delisted by
Medical Services. They determine which prescnption products
will be placed on the NIHB’s benefit list.
This committee delisted over 300 prescription drugs
and medical supplies from its formulary. Their decision is
binding and there is no appeal process for First Nations to
review their recommendations. First Nations have not been
consulted nor have any decision-making power over the
delisting process.
Medical Services now refuse to pay for the dispensing
of non-prescription (over-the-counter) medications. Patients
have to pay for these products then apply directly to NIHB for
reimbursement. This also ends the recording of patient’s drug
profiles by pharmacies. Health and Welfare Canada also
rolled back the professional fees to pharmacists which means
they can no longer provide the same level of services to their
customers. They may have to ask First Nations to pay for the
full cost of their prescription then seek reimbursement from
Medical Services. Pharmacies are also experiencing difficulties
in obtaining approvals for supplies such as crutches, braces,
HEALTH UPDATE (Continued on page 6)
OCTOBER 1997
5
UBCIC NEWS
Assembly of Kirst Mations
REGIONAL INITIATIVES PROTOCOL
Dear Chiefs:
I am wnting concerning the Regional Initiatives
Protocol item which 1s on the agenda for a meeting
of Provincial/Termtonal Organizations and the AFN
Executive in Calgary on September 14-15, 1997.
The purpose of this is to determine the interests of
Chiefs who are engaged in self-govemment and
land claims processes, to develop a protocol for
exchanging information and sharing strategies about
our regional processes.
As you know, an important task which I face
as National Chief, it to build the unity of the
Assembly of First Nations. In recent years, signifi-
cant new processes have emerged in different parts
of Canada. Each of these is unique yet addresses
common issues we face from coast to coast.
The Assembly of First Nations has played
little or no role in supporting these processes in the
past. However, as I see the Assembly evolving to
meet the future, I believe the organization must at
least assist you in your regional initiatives, as
requested. A discussion would be a first step in
exploring the best way to build the capacity of the
Assembly in this regard.
I think it would be useful to share informa-
tion regarding where we are with these various
processes, including an assessment of areas in
which assistance from the National Office would be
welcome or valuable. I would like to discuss the
idea of developing a protocol among the Chiefs and
organizations which are engaged in self-govern-
ment and land claims processes and discussions. |
see merit in this idea because we could facilitate an
exchange of information and properly identify na-
tional issues at your direction. The Assembly of
First Nations could consider establishing a secre-
tariat in the Office of the Chief for this purpose.
Of course, these ideas are for discussion and
development at our meeting, so that we can begin to
build together effective strategies at the national
level to support your region.
Phil Fontaine
National Chief
HEALTH UPDATE (Continued from page 5)
canes, bandages and ostomy supplies. Many medications are no
longer covered by NIHB.
In July 97 the Union of Chiefs received a copy ofa letter
written to Chiefs and Council from the Regional Director of
Medical Services Branch in Pacific Region reporting on their
negotiations with the British Columbia Pharmacy Association
regarding pricing of products and the amount and application of
dispensing service fees. The main disagreement was on maximum
allowable charge for dispensing fees and to conclude this matter,
Medical Services Branch made a unilateral decision and set the
maximum allowable for these fees. This became effective in
August, 1997,
A policy of low cost alternatives to prescribe generic
drug, if available, has been introduced. This is the main area of
complaints from First Nations who do not want second best to
their prescriptions. Medical Services will cover only generic
drugs. First Nations are not getting enough information on all the
changes have taken place to the Non-Insured Health Benefits
program.
The Union of B.C. Indian Chiefs receive complaints to
many of the changes to prescriptions, counselling services, prior
approvals requirements and lack of new guidelines for Indian
bands.
CONTRACT OF NIHB
This year Medical Services Branch decided to seek new
contract to administer the NIHB.
Liberty Blue Cross held the contract but it was re-
tendered. Eight applications were received. The concern of
First Nations was the substantial increase in administrative costs
from the Liberty Blue Cross contract to the new one. Also,
although health transfer increases the utilization rate of such
services as dental, funding does not escalate to allow for this
increased use of services. Medical Services Branch responded
to these concerns that additional costs would have to come from
within the envelope and so there would be less money available
for the actual provision of benefits.
The other issues raised by First Nations included the
ability to transfer the responsibility for claims payment processing
to individual First Nations who had taken control of the drug and
dental component of the NIHB program into the pilot projects.
Regional contracts versus national contracts need to be examined
for impacts on First Nations.
OCTOBER 1997
UBCIC NEWS
UNION OF B.C. INDIAN CHIEFS
JOINT POLICY COUNCIL
(ALCS ASA AAAULALCEALAYAL
The Joint Policy Council’s forestry workshop will
inform communities about current forest issues and
government policy. It will also provide community-
based input to guide negotiations at the Joint Policy
Council forestry table. The workshop will give community
members and UBCIC staff an opportunity to discuss
policy related to suchthings as access to timber, Traditional
Use and archaelogical studies, the consultation process,
the Jobs/Timber Accord, and economic development.
The Forestry Workshop is availableto communities
and/or Tribal Councils upon request. There 1s no charge
for the workshop, but staff travel expenses must be
covered by the Band or Tribal Council. For more
information please call:
Paulette Regan, UBCIC Joint Policy Council Coordinator
Phone: (604) 684-0231 Fax: (604) 684-5726
UBCIC
NEWSLETTER
DEADLINE
The deadline for the next Newsletter has been
set for November 5, 1997. If you have any
issues that you would like to see in the next
edition of the UBCIC NEWSLETTER, Send
by mail or fax to:
UBCIC NEWSLETTER
Sth Floor - 342 Water Street
Vancouver, BC V6B 1B6
Phone: (604) 684-0231
Fax: (604) 684-5726
OCTOBER 1997
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VSTERY PHOTO
Do You Know This Woman?
UBCIC WORKSHOPS
The UBCIC is developing workshops to
Bete eet et people and communities about
the impact of the B.C. Treaty process on our
Aboriginal Title and Rights.
We are prepared to offer this workshop
to interested community groups, bands,
ee U EVD be ts twits
For more information please contact
the UBCIC Vancouver office:
Sth Floor - 342 Water Street
Vancouver, B.C. V6B 1B6
Tel: (604)684-0231 Fax: (604)684-5726
E-Mail: [email protected]
UBCIC NEWS
RESOURCE CENTRE
UPDATE
REQUESTS FOR INFORMATION FROM RESOURCE
CENTRE
We have reduced our staff positions in the Resource Centre
from three positions to two. During the school year, when we are
serving our regular user base as well as the students, faculty and
staff of the Institute of Indigenous Government, I expect that the
pace will be very hectic. To help us serve our on-site and off-site
users more effectively, please FAX your requests for information
to us whenever possible rather than calling by phone. Our FAX
number is (604) 684-5726. Remember to include you name, Band
affiliation, and a phone and fax where you may be reached and
between what hours. Our hours are yet to be determined. I will
include them in the next Newsletter. Another benefit of faxing is
that you will be sure to reach us whether we are open or not and
whether or not we are near a phone to catch your call.
COMMUNITY LIBRARIAN TRAINING PROGRAM
The Community Librarian Training Program sponsored by
the Library Service Branch of the Ministry of Municipal Affairs,
is a distance education learning program which may be of interest
to staff and volunteers in Indian Band, school or other types of
libraries. Students in the program receive support from experienced
tutors, Library Services Branch consultants and other students by
phone, mail or electronic messaging. Students are evaluated on a
combination of written assigninents, practical projects and/or
super ised examinations. Required reading and course materials
are included in print or on-line course materials. Some courses may
also be eligible for transfer credit to Library Technology programs.
Courses range from Cataloguing and Classification to an
Introduction to the Internet. If you are already working or
volunteering for an Indian Band library courses are $32.10 per
course. Ifyou area regular student wanting to start a library career,
courses are $107.00 per course.
If you want course outlines and more information, contact:
Community Librarian Training Program
Library Services Branch
L50-4946 Canada Way
Burnaby, B.C. V5G 4H7
orcall Toll Free in B.C. !-800-448-8228 and ask for Ene Haabniit
or Michele Cote. pee isiation shou ge. in ny, mid- ope leer for
some SUIS See oleh on A oid x
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HEALTH CANADA
RESOURCE CENTRE
CATALOG FREE ON DISK
If you would like a copy of
Health Canada’s Regional Resource
Centre catalog compnsed of 1,020
pages on 3 1/2" disk, FAX a request
tome. The catalog contains a great
deal of free material of specific
interest toanyone working with First
Nations people and health. I will
include an order form with your
disk so that you may request
materials of interest directly from
Health Canada.
ACCESS THE RCAP FINAL REPORT ON THE INTERNET
The full text of the Final Report of the Royal Commission
on Abonginal Peoples is available on the website for the Institute
of Indigenous Government at www.indigenous.bc.ca. You will
also find more information about the IIG and course offerings on
this website.
Ifyou are in Vancouver for any reason, take some time to come into
the Resource Centre just to browse and see what we have. Our guest
book this suunmer includes visitors from all over the world. You are
always welcome.
OCTOBER 1997
UBCIC NEWS
MAP OF THE SOVEREIGN INDIGENOUS NATIONS
TERRITORIAL BOUNDARIES: JUNE, 1993
The Union of B.C. Indian Chiefs’ map of the Sovereign Indigenous Nations Territorial Boundaries is the only contemporary
map that accurately shows the traditional tribal territories of the 23 Indian Nations in Bntish Columbia. The six colour map measures
28" x 36",
The tribal territories are the homelands of distinct Nations, within which their respective peoples share a common language,
culture and traditional forms of political and social organization. These homelands have been occupied by the Indian Nations since
time immemorial. Up to the present, the Indian Nations in.British Columbia have never surrendered their ownership oftheir homelands
(aboriginal title), nor have they surrendered their original sovereignty as nations to govern their homelands (inherent jurisdiction).
Information on the terntorial boundaries was compiled by the Union’s research portfolio and President’s office between July,
1990 and Apnil, 1993 from archtval research and information provided by elders, chiefs, and tribal councils. Chief Saul Terry, President
of the Union and a graduate of the Vancouver College of Art (now the Emily Carr College of Art and Design), prepared the working
drafts for the map.
Design and cartography for the June, 1993 map was done by David Sami, chief cartographer of Multi Mapping Ltd. in
Vancouver, B.C., using a 1:2,000,000 scale base-map from the Surveys and Environment Branch of the British Columbia Ministry
of Environment, Lands and Parks. All territorial boundaries shown on the map are subject to further revision, as additional information
becomes available. Contact the Union of B.C. Indian Chiefs at (604) 684-0231 for ordering information.
28" x 36" / Scale: 1:2 000 000 / Six Colours
oo. one 2
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BGS ree FOE
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A354. 87
OCTOBER 1997 9
UBCIC NEWS
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10 OCTOBER 1997
Part of Union of B.C. Indian Chiefs Newsletter (October 1997)