Periodical
U.B.C.I.C. News (Spring 1999)
- Title
- U.B.C.I.C. News (Spring 1999)
- Is Part Of
- 1.06-01.08 Union of BC Indian Chiefs Newsletter
- 1.06.-01 Newsletters and bulletins sub-series
- Date
- March 1999
- Language
- english
- Identifier
- 1.06-01.08-10.01
- pages
- 20
- Table Of Contents
-
IN THIS ISSUE...
2. President's Message
3. Legal Update
4. UBCIC Think Tank
6. Native Youth
Movement
7. "First Nation Land
Management Act"
8. UBCIC Swearing in
Ceremony
10. Specific Claims &
Resource Center
Update"
11. Program of United
Nations Human Rights
Meetings.
12. Aboriginal Peoples
Television Network
13. Gukwdzi's Opening
14. Gabe Bartleman
Memorial
16. Baby lshmael Case - Contributor
- Chief Stewart Phillip
- Ardith Walkem
- Mildred Chartrand
- Type
- periodical
- Transcription (Hover to view)
-
U.B.C.I.C.
5th Floor, 342 Water Street
Vancouver, B.C.
V6B1B6
T: (604) 684-0231 F: (604) 684-6726
Email: [email protected]
NEWS
"Delgamuukw Honeymoon is Over"
December 11, 1998 marked the one year anniversary of the landmark Supreme Court of
Canada Delgamuukw Decision.
Approximately 170 Native protesters marched through downtown
Vancouver to demonstrate their solidarity with one another and their determination to force the federal and provincial
governments to uphold the decision.
Speakers included Don Ryan- Chief
Negotiator for the Gitskan, Chief Arthur
Manuel, the Chairman of the Interior
Alliance, V i o l a Thomas, President of
the United Native Nations, Dave Dennis of
the Native Youth Movement, Chief Ron
John of the Hope Indian Band and Chief
Stewart Phillip of the Penticton Indian
Band and newly elected President of the
Union of B . C . Indian Chiefs.
T h e message f r o m a l l t h e
speakers was crystal clear - " t h e
Delgamuukw honeymoon is over!" Due to
the Canadian governments failure to
embrace the Delgamuukw decision,
speakers agreed that it will be necessary to
mobilize the "grassroots" people i n
preparation for a "Spring offensive".
Simply put, Delgamuukw has
recognized that, i n British Columbia,
•
Aboriginal Title exists on an equal
footing with Provincial Crown Title;
• Aboriginal Title represents a clearly
defined property interest which reflects an
undeniable economic interest;
• gives the Indigenous Peoples of British
Columbia the full right to enjoy the financial
benefits that flow from the development of
the natural resources within their tribal
territories;
•
the Province of British C o l u m b i a
cannot unilaterally extinguish
Aboriginal Title;
• obligates Governments to consult with
Indigenous g o v e r n m e n t s i n a
meaningful and substantive manner before
undertaking any actions that may infringe
Aboriginal title;
•
any and a l l infringements o f
A b o r i g i n a l T i t l e must be f u l l y
compensated; and
SPRING 1999
•
above all else, the governments are
legally obligated to consult and negotiate
with Indigenous governments in good faith.
Canada and the Province of " B . C . "
have ignored the Delgamuukw Supreme
Court decision . To our great detriment,
Canadian governments continue to insist
on advocating and advancing policies
designed to extinguish our aboriginal title
and rights. In spite of the fact that the
United Nations is celebrating the 50th
Anniversary o f their Universal
Declaration ofHuman Rights, the Canadian
governments continue i n their efforts to
deny our fundamental human right of self
determination. By so doing, the Canadian
governments perpetuate the grinding
poverty in our communities.
' 'During the Mohawk crisis at Oka
in 1990, we were lectured on a daily basis
on the absolute power and authority of the
' 'Rule of L a w " . We were told on a daily
basis that it is absolutely essential to respect
the "Rule of L a w " , said Chief Stewart
P h i l l i p to the gathering. "However,
when the highest judicial authority in this
land recognizes our aboriginal title and
rights and directs the Governments of this
land to negotiate with us i n good faith,
those very same governments, i n a very
cavalier and arrogant fashion, simply ignore
the directives of the Supreme Court. Such
hypocrisy!! Such Arrogance!! We will not
be denied!"
Similar protest actions took place
throughout the Province. The Seton Lake
Indian Band stopped B C Rail traffic o n
B C r a i l l i n e s . P r o t e s t demonstrations
and informational pickets took place in Mt.
Currie, Bridge River, Pavillion, Chase and
Penticton. The Mt. Currie, Bridge River
and Pavillion demonstrations invoked
hostile altercations with local logging
contractors.
Further demonstrations are planned
for the future. The U B C I C also organized
a three-day ' 'think tank''. For details see
page 4.
IN THIS ISSUE...
2.
President's Message
3.
Legal Update
4.
UBCIC Think Tank
6.
Native Youth
Movement
7.
"First Nation Land
Management Act"
8.
UBCIC Swearing in
10.
Specific Claims &
Ceremony
Resource Center
Update"
11.
Program of United
Nations Human Rights
Meetings.
12.
Aboriginal Peoples
Television Network
13.
Gukwdzi's Opening
14.
Gabe Bartleman
Memorial
16.
Baby lshmael Case
1
UBCIC NEWS
Message From the President
DELIVERED TO THE 30TH ANNUAL GENERAL ASSEMBLY,
VANCOUVER - B.C.
Respected elders, Traditional Chiefs, spiritual leaders, native woman, native
youth, Chief and Councillors, brothers and sisters:
Chief Stewart Phillip
Okanagan
I
want everyone here
to know how I feel
the heavy weight of
responsibility with
the decision to allow my
name to stand.
I want the youth in
attendance to understand that
our responsibilities as
indigenous peoples of our
respective nations means that
we have to step forward and
take responsibility and we
can not just merely stand on
the sidelines and criticize
things that we don't agree
with, without taking that step
forward.
Joan and I are also
blessed to have went to
treatment 11 years ago. I
heard one of our elders talk
this morning about the need
for healthy leadership to be
able to deal with the issues
with a clear mind and to have
dealt with a lot of the
personal issues that impair
our decisions and impair our
relations with others.
I heard Chief Erven
Charleyboy say earlier that
we have to be big enough to
be able to apologize. I heard
other people in this room say
that we have to be flexible
and open enough to listen to
other peoples points of view.
I first became involved
in the movement back in the
70's. I recall the Chilliwack
Conference, I spent 10 days
in the Vernon Department of
Indian Affairs office, an
occupation that was
successful in closing down
that office.
Joan and I and our
children have been to
numerous political actions
and blockades throughout the
province.
2
There was a blockade
on Vancouver Island in
Nanoose and there was a
huge development being
brought forward where they
were desecrating a burial
ground. Joan and I attended
that.
We attended the action
at the Cheam Band where
there was a fisheries dispute.
We were in Stl'atl'imx
territory in the 90's where
both Joan and I were arrested
at the Seton Rail Blockade. I
was arrested at the Mount
Currie Blockade and I was at
Adams Lake, and Douglas
Lake.
Just recently Joan and
I traveled up to Chetwynd.
The Saulteau people are
having a struggle with
Amoco Oil who is preparing
to drill in their sacred
mountain.
The reason I bring this
up is because it has been said
for the last two days that it's
a time for action and it has to
go beyond discussing and
articulating our oppression.
We have to be prepared to
stand on the line and we have
done that.
Joan and I and our
children have been to these
places and we have supported
the people in these
communities. That is the
kind of commitment that it
takes.
Yesterday I talked
about the need for a very well
thought out plan - a strategy.
Actions on their own that are
not coordinated and are not
part of a planned strategy
really don't advance us to
where we need to go.
I think we need the
discipline and take the time
to sit down and develop those
kinds of plans. We have a
resolution here passed about
an hour ago that gives us that
type of direction.
I recall many years ago,
George Manuel holding up the
resolutions that were passed at
a Conference and saying,
"This is our bible for the next
year." I think that when
resolutions are passed at our
assemblies, those resolutions
have to be followed up.
We learned in
Penticton during the Green
Mountain Road APEX dispute
that you can not do these
things on your own. We need
the active support of our
people. We have to have the
ability to mobilize the people
at the community level. It
can't be achieved by a roomful
of Chiefs.
I heard Chief Art
Manuel yesterday talk about
his discussions with the
Minister of Indian Affairs
expressing his frustration that
they do not take us seriously.
We learned in
Penticton that the only way the
government takes you
seriously is you have to mean
what you say, say what you
mean, and the government has
to understand the fact that
your people are squarely
behind you.
So we need to open up
to allow for the woman to
become involved in this
movement because that is their
right. The woman in our
communities are the ones that
bare the heavy weight of the
poverty.
We need to provide a
space for the native youth
because that is the energy.
There are so many youth today
that are really looking for a
place to become involved. I
think we have to respect the
youth, and at the same time
I think the youth have to
respect us.
The youth have to
understand there are leaders
that are being mislead by
government and are
involved in processes that
will extinguish our rights.
But equally if not more there
are leaders that are fighting
very hard to protect our
rights, and I think you need
to be able to make that
distinction.
In closing, I would
like you to know and
understand that I am not
only talking about the issues
but make it my business to
be where I am needed to
support the grassroots
people at the community
level.
I think of my
grandchildren a lot. Our
elder Agnes Dick earlier this
afternoon asked a question
that really underlines the
issue. She said, "What is
the future of my great
grandchildren?"
The responsibility is
in front of all of us to protect
that future and ensure that
their rights and title is in
tact.
I ask that you look
into your hearts, think about
your grandchildren and your
children, and how we can
best protect their future.
Thank you.
SPRING 1999
UBCIC NEWS
The Decision:
Nathan Spinks appealed on two
grounds, and these are discussed below.
L E G A L UPDATE
By Ardith Walkem
Spinks' Employment Insurance Victory
The U . B . C . I . C . ' s legal
department was asked to assist Nathan
Spinks, a Councilor of the Lytton First
Nation (Nlaka'pamux), in his challenge
of an assessment that honoraria he
received as a band councilor should be
considered "earnings" under the
Employment Insurance Act ("EI").
Nathan won his appeal to the Umpire,
and the decision is discussed below.
Background:
Over the past several years,
Human Resources Development Canada
(HRDC) - the arm of government which
administers Employment Insurance - has
increasingly targeted Indigenous Peoples
who sit as elected members of Chief and
Council.
HRDC has forwarded requests to
different Band offices requesting
information about honorariums paid to
band councilors and others. The
information requests appear to be a part
of a review by HRDC of the employment
insurance benefits received by band
councilors.
In a number of cases, the
"honoraria" received by band council
members has been determined to be
"earnings" for the purposes of the Act.
As a result, band councilors who are
collecting unemployment insurance
benefits have been told that they must
declare the amounts of the honoraria on
their report cards as "earnings". The
employment insurance benefits received
by these people are then reduced.
Failure to report these amounts has
resulted in heavy fines being levied
against people for making "false or
misleading" statements on their report
cards.
Council members have been
denied EI benefits which they paid for,
or have been assessed heavy penalties
when they did not declare these amounts
as "earnings" on their report cards.
SPRING 1999
The system has served to penalize
individuals who agree to sit on band
councils on a voluntary basis. In some
cases, insurance officers have refused to
accept letters from Band Councils which
clarify the nature of the honoraria as
expense-reimbursement, leaving no way
for individual council members to prove
their innocence.
HRDC has issued a "Notice"
stating that it considers all honoraria
received by band councilors to be
"earnings" (but not those amounts
which are intended to compensate
council members for the actual expenses
1.
That the honorariums received
by band councilors do not constitute
"earnings" under Regulation 57 (now
35) of the Employment Insurance Act.
In order for the Commission to
constitute amounts received as
' 'earnings'' they must be related to
labour or employment, or somehow
connected to or arising from
employment.
While the HRDC, through
Regulation 57, has determined that
amounts received during the "tenure of
an office" are to be considered income,
it is clear that the power of the
Commission to pass Regulations is
prescribed by the Act itself, and to be
eligible the "office" must have the
colour of ''employment". The
"offices" specifically listed in the
Canada Pension Plan Section 2(1) [the
definition
The decision in Nathan Spinks' case is positive adopted by
because it recognizes that honoraria received by BandRegulation 57]
do not include
Councilors is not the same as amounts received by other
elected officials, and therefore that these amounts Band
Councilors.
should not be classified as "earnings".
Rather, they
list offices,
they incur). With all due respect to the
HRDC, we do not feel that they are
correct in their position that
"honoraria" received by band councilors
should be considered "earnings", this is
discussed below.
One of the main difficulties with
the classification of honoraria as income
is that it assumes that the position of a
band councilor should be considered as
"labour" or other employment. A
number of band councilor's have
expressed their opposition, and stated
quite clearly that they perform their
duties voluntarily and out of service to
their community and people. In many
cases, the honoraria that is received by
band council members is intended to
cover their out of pocket expenses and
not intended as a form of' 'wage'' or
other compensation for the time spent
while performing their dudes.
such as judges, lieutenant governors,
and members of the House of Commons
and Cabinet Ministers for whom the
"office" may be considered a full time
job, and which are compensated as such.
In order to be properly
determined "earnings" for the
purposes of Regulation 57 the
honoraria received by band councilors
must be found to arise out of or
resemble employment.
HRDC argued that the position of
a Band C o u n c i l o r should be
considered the same as that of a
mayor, city councilor, or member of
parliament, and that all monies received
in conjunction with that position should
be classified as earnings or income.
Therefore, when people do no declare
honorariums received as a Council
Member on their EI report cards that
they should be penalized, and that all
LEGAL UPDATE (Continued on page 6)
3
UBCIC NEWS
Indigenous Leaders & People Vow to
Implement Delgamuukw
Approximately 50 Indigenous leaders, community members, legal advisors and technicians met in
Vancouver from January 25 -27, 1999 to discuss the complete and total lack of progress on the part of the
federal and provincial governments in upholding the December 11, 1997, Delgamuukw decision.
Hosted
by the Union o f B . C .
Indian Chiefs, the three day
think tank was organized in
response to resolution #1998-6 passed
by the Chiefs-in-Assembly at the
U B C I C ' s 30th A G A and, as a follow
up to the rally commemorating the
first anniversary o f the decision held
in Vancouver [seecover story].
Leaders and community
members used the opportunity to
express the escalating frustration and
growing anger felt by many grassroots
people at the "business as usual"
approach by both levels o f
government. Government's insistence
that aboriginal peoples go to court to
prove title, the federal Crown's failure
to uphold its duty to protect aboriginal
title lands thereby allowing continued
infringement and stepped-up resource
extraction, and the Province's flawed
consultation process were cited as
some examples of Canada's continued
state of denial.
Unlike the plethora of
conferences held since the decision
was handed down that simply review
the legal aspects of Delgamuukw,
think tank participants were also able
to explore various options to take
widespread coordinated actions to
assert their Aboriginal Title in the
Spring and Summer of 1999.
Suggestions included tackling
the bureaucratic cop-out by provincial
regional managers that say they are
"just following orders" in continuing
to issue licenses and tenures to third
party interests on Aboriginal lands,
launching an international human
rights campaign, demanding a judicial
review of the federal governments
1986 Comprehensive Claims policy
and the physical occupation of
Aboriginal Title lands.
More radical suggestions
Continued on page 5
4
SPRING 1999
UBCIC NEWS
offered by community members, such as the
establishment of a "War chest" to finance a Spring
Offensive, was not readily dismissed given the lack of
genuine political dialogue between Indigenous leaders
and government on the best means of implementing the
decision.
Participants vowed to meet again to develop a
specific action strategy that would force governments
to demonstrate the political will to work with
Indigenous leadership and honour the reality of
Aboriginal Title.
The UBCIC will also be hosting a three day
research conference entitled "Implementing
Delgamuukw: Legal Implications for Aboriginal Title
Research in B.C." on March 1 - 3, 1999 at the Simon
Fraser University Harbour Centre (Downtown)
Campus, 515 West Hastings Street, Vancouver, B.C.
For more information contact the UBCIC Research
office at 1-604-684-0231 or e-mail at:
[email protected]. You can also visit our website
at http://www.ubcic.bc.ca
Above: Flora Dawson, Kwakiutl
Below: (Left) John Mclntyre, Skuppah & Joey Pierre, Okanagan
UBCIC President Chief Stewart Phillip
SPRING 1999
5
J
UBCIC NEWS
The requests for information by HRDC about amounts of
honoraria received by band council members should be treated
very cautiously. There have been numerous Councilor's who
honoraria people who are collecting EI receive, should be
have been penalized and denied EI benefits based on the
deducted from their EI benefits.
honoraria they receive as Council members.
The Umpire decided that the money received as a Band
The decision in Nathan Spinks' case is positive because
Councilor is not the same as moniesreceivedas person who
it recognizes that honoraria received by Band Councilors is not
holds an "office" (under the Canada Pension Plan definition) the same as amounts received by other elected officials, and
which would have the effect of' 'entitling him to a fixed or
therefore that these amounts should not be classified as
ascertainable stipend or remuneration.'' The Umpire found that
"earnings".
the honoraria received in this case was
While the Umpire's decision was a victory for Band
"not a fixed entitlement. Indeed, it was not an
Councilors who have been penalized for collecting honoraria
entitlement at all. Election to the position of Councilor did
while on EI, we would add one note of caution. The decision
not confer upon the position an entitlement to a stipend or
suggests that while honorariums received by Band Councilors
other form of remuneration. Payment of an honorarium to
should not be classified as "earnings'', a different decision
a Councilor was within the discretion of the Council of the
would be possible if the
Lytton First Nation. As pointed out by counsel the Council
was at liberty to discontinue payment of the honorarium
"honorarium was so excessive that it would be
and, although the claimant while retaining the position
unreasonable to believe that its real purpose was to
and performing the duties which devolve upon a
compensate for a Councilor's daily expenses. That is to say
Councilor, he would have no legal recourse to force the
consideration should be given as to whether the honorarium
Band to pay an honorarium or some form of stipend. He
is so excessive that it is a guise for a wage or salary."
would, of course, be entitled to bereimbursedfor bis
expenses."
If you would like a copy of the decision, please contact
U.B.C.I.C.'s Vancouver offices at (604) 684-0231.
2.
If honorariums are "earnings" HRDC can only count
the amounts which are not eaten up by the expenses
incurred by a Band Councilor in the course of their duties
(for travel, meals, etc)
LEGAL UPDATE (Continued from page 3)
In many cases, Band councilors do not end up with a net
benefit or financial gain from the honorariums they receive.
Instead, the monies theyreceiveas honoraria do not completely
cover the expenses which they incur. This was the evidence in
Nathan Spinks' case.
The Umpire found that
"Having regard to the territory claimant served, the
honorarium of $100 a week is not at all excessive particularly when one takes into account the cost of
gasoline and meals while traveling. ... The Band's intent of
relieving Councilors the task of keeping a record of
expenses and relieving itself of the administrative costs
of examining expense accounts is quite a logical common
sense decision."
He further agreed with Nathan Spinks' submission that it
is not feasible to expect Band Councilors to submit separate
expensereceiptsfor all of the expenses that they incur, as this
would create too much administrative hassle and greatly
increase Bands' administration costs.
"The Band's intent of relieving Councilors the task of
keeping a record of expenses and relieving itself of the
administrative costs of examining expense accounts is quite a
logical common sense decision."
Conclusion:
6
NATIVE Y O U T H
MOVEMENT
STAY O F P R O C E E D I N G S
Twenty two members of the Native Youth Movement (NYM)
had contempt of court proceedings brought against them as a result of
their occupation of the Westbank First Nation's offices in May 1998.
The N Y M occupied the offices to bring to highlight their
opposition to Westbank's involvement within the B.C. Treaty Process.
During the occupation, a court injunction was sought banning the
N Y M from the offices. When the youth refused to leave, they were
arrested and had contempt of court proceedings brought against them.
Since the time of the arrests, Westbank First Nation has
changed leadership and is reexamining whether or not it will remain
within the current treaty process. In part this re-examination is due to
the attention that the youth were able to bring to this matter within the
community. All the member communities of the Okanagan Nation
were unified in their position that the youth should not be penalized
for taking action to protect their collective aboriginal title and rights.
On February 15,1999 the issue was heard at the B.C. Supreme
Court in Kelowna. While Crown argued that the youth should be
penalized for their participation in the occupation, counsel for the
N Y M argued that proceedings should be granted and the contempt
charges stayed. The Court agreed with N Y M s arguments, and upon an
apology to the court, all proceedings against the youth were dropped.
The UBCIC is proud of the youth for the stand that they have
taken and their courage in being willing to fight for those things that
they believe in. In recognition of the role that the youth have played in
protecting our collective aboriginal tide and rights, the UBCIC at it's
last Council Meeting created a permanent seat on our Chiefs Council
for the N Y M .
SPRING 1999
UBCIC NEWS
"FIRST NATION L A N D
MANAGEMENT
ACT"
The Continuing Legacy of the 1969 White
Paper
Canada is proposing legislation known as the "First
Nation Land Management Act" which is currently being
considered before Parliament. The overall purpose of this
legislation is to implement the "Framework Agreement on First
Nation Land Management" which was agreed to between
certain Aboriginal Peoples and Canada in 1996. To date, 12
First Nations from across Canada have opted in.
The overall purpose of the First Nation Land Mangement
Act is to incorporate Canadian systems of land management
onto reserve lands, as part of Canada's overall drive to reduce
its fiduciary obligations to Aboriginal Peoples for the
management of reserve lands. As the law currently stands,
Canada (through the Department of Indian and Northern
Affairs) maintains a strong fiduciary duty to safeguard and
protect aboriginal interests in reserve lands.
Since the White Paper in 1969 the federal government
has increasingly focussed on having Indigenous Peoples give up
all special status and become "regular Canadian citizens".
Although that policy was officially dropped, it continues on
through efforts such as the First Nation Land Management Act
which will have the impact of converting reserve lands to quasimunicipality type of land holdings.
One of the primary features of the Act is that First
Nations agree to establish their own "land codes" which they
will use to govern and grant interests in their reserve lands.
The Act also gives First Nations the legal power to mortgage
reserve lands, and establishes corporate structures to hold and
manage First Nation's lands. Once a First Nation establishes a
land code, all obligations of the federal government in respect
of interests in that reserve land are transferred from Canada to
the First Nation. (Canada manages to succesfully devolve its
fiduciary).
The Act contains the following section which
indemnifies Canada for any responsibility for lands which fall
within the Land Management Act:
34. (3) Her Majesty is not liable in respect of anything
done or omitted to be done after the coming into force
of the land code of a first nation by the first nation or
any person or body authorized by the first nation to act
in relation to first nation land.
(4) The first nation shall indemnify Her Majesty for
any loss suffered by Her Majesty for any loss suffered
by Her Majesty as a result of an act or omission
described in subsection (3).
"First Nations Land Management Act" (Continued on page 13)
SPRING J999
CHIEFS MASK
BOOKSTORE
T h e C h i e f s M a s k c a t a l o g u e is n o w a v a i l a b l e on
t h e w o r l d w i d e w e b . T o b r o w s e o u r site go to
w w w . u b c i c . b c . c a , t h e r e y o u will f i n d t h e
Chiefs Mask bookstore. Y o u can make
a b o o k o r d e r by printing out t h e Chiefs
M a s k order f o r m a n d f a x i n g it t o us or by
e - m a i l . T h e C h i e f s M a s k e - m a i l a d d r e s s is
[email protected].
N o t e on t h e w e b s i t e w e are t h e sole distributor
f o r "The Same As Yesterday - The Lillooet Chronicle
the
Theft of Their Lands and Resources"
by a u t h o r J o a n n e
D r a k e - T e r r y , a v a i l a b l e at a r e d u c e d price of $ 2 4 . 9 5 .
A l s o a v a i l a b l e is t h e recently p u b l i s h e d m a n u a l by t h e
U n i o n of British C o l u m b i a Indian C h i e f s and distributed
s o l e l y by t h e C h i e f s M a s k is "Researching
the Indian Land
Question in BC - An introduction
to Research Strategies &
Archival Research for Band Researchers"
e d i t e d by Leigh
O g s t o n , a v a i l a b l e at t h e a f f o r d a b l e cost of $ 2 0 . 0 0 .
T h e s e t w o b o o k s a d d r e s s issues such as t r e a t y - m a k i n g
a n d l a n d s - r e l a t e d processes, w h i c h are m o s t i m p o r t a n t to our
people.
I invite y o u to r e a d t h e s e b o o k s a n d h a v e y o u r friends
and colleagues know about t h e m .
T o d a t e m a n y orders h a v e b e e n r e c e i v e d v i a e-mail
a n d f a x a n d t h e C h i e f s M a s k has b e e n e x p e r i e n c i n g a growth
in s a l e s d u e to our internet site.
A l l c o m m e n t s are w e l c o m e a n d c a n be published in
t h e next issue of t h e U B C I C N e w s l e t t e r with t h e e x p r e s s e d
p e r m i s s i o n of t h e writer.
It is at t h i s t i m e I w o u l d like t o t h a n k y o u f o r your
c o n t i n u e d s u p p o r t in t h e C h i e f s M a s k B o o k s t o r e .
Mildred Chartrand
Assistant Manager
Now Available:
Kwakwaka'wakw Settlements 1775-1920
- A geographical Analysis and Gazetteer
by Robert Galois
$65.00
Tribal Boundaries in the Nass Watershed
by Neil J. Sterritt
Susan Marsen
Robert Galois
Peter R. Grant
Richard Overstall
$27.95
Plant Technology for First Peoples in BC
by Nancy J. Turner
$26.95
7
UBCIC NEWS
Fourth President of UBCIC officially Sworn-in
Chief Stewart Phillip of
the Penticton Indian Band/Okanagan
Nation was sworn-in as the fourth
President of the Union of British
Columbia Indian Chiefs on December
10, 1998. In front of a packed theatre,
including family, friends, leaders and
community members, Chief Phillip
swore to uphold, honour and protect
the Aboriginal Title and Rights of our
Peoples.
Held at the Simon Fraser University Downtown Campus in Vancouver, the ceremonies were officiated by
Retired Judge Alfred Scow of the
Kwakiutl Nation. Okanagan Elder
Joey Pierre bore official witness to the
signing. Leaders and members from
the Secwepemc, Tsihlqot'in, Kwakiutl,
Southern Carrier, Native Youth Movement, Native War Veterans Association, Institute of Indigenous Government, Metis and other Indigenous
Groups travelled from near and far to
bear witness at the event and to offer
their support to the new President.
UBCIC President and Chief Stewart Phillip, Joey Pierre, Judge Alfred Scow
Emery Gabriel
Stan Stump, Tshilqotin
8
David Dennis, Native Youth
Movement
Chief Art Manuel, Neskonlith
SPRING 1999
UBCIC NEWS
PRESIDENCY
OATH OF OFFICE
I, Chief Stewart Phillip of the Okanagan
Nation, do hereby solemnly swear,
That I shall fully dedicate all my energy and
efforts to protect, defend and never surrender
the Aboriginal Title and Rights of our present
and future generations; and
That I will fully honour the proud, historic
legacy of our ancestors who dedicated their
lives to preserving our sovereign Aboriginal
Title and Rights to our tribal territories, and
Chief Richard LeBourdais,
Whispering Pines
That I will fully commit myself to uphold this
proud, historic legacy by continuing to protect
and defend this sacred birthright of our future
generations; and
Bobby Joseph, Kwakiutl
That I will dedicate all my efforts to ensure
that this proud legacy shall be passed undiminished and unencumbered to our future
generations; and
That I wilfully undertake my obligations and
will faithfully and honorably fulfill my duties
of the office of President of the Union of B.C
Indian Chiefs to which I have been elected and
will make every effort to take every opportunity to advance the interests of our Indigenous
Peoples.
Chief Moses Louie,
Lower Similkameen
I do so swear on this 10th day of December.
1998.
Ken Harris, Institute of
Indigenous Government
All my relations.
Newly elected UBCIC President Stewart Phillip signs the Oath of Office
SPRING 1999
Chief Allen Stager, Mount Currie
9
UBCIC NEWS
U N I O N O F B.C. INDIAN C H I E F S
SPECIFIC CLAIMS & RESOURCE CENTRE UPDATE
Reasearch Manual Now Available!
Researching the Indian Land Question in BC -An on the Internet by visiting UBCIC Research at http://
www.ubcic.bc.ca
or the Institute ofIndigenous Government at
Introduction to Research Strategies & Archival Research
for
http://www.indigenous.bc.ca.
Band Researchers is now available at the UBCIC's Chiefs Mask
Bookstore and at the UBCIC's head office in Kamloops.
COMING SOON! Proceedings from the UBCIC's March 1-3,
Research department staff spent 18 months putting this
1999 conference for BC First Nations researchers & technicians
comprehensive reference book together. The final product is a
' 'Implementing Delgamuuk'w - Legal Implications for
238-page coil-bound paperback. Complimentary copies were
Aboriginal Title Research in BC." Watch for announcements in
sent to each band and tribal council in BC. The remainder of
this newlsetter!
the stock is available for sale, at $20 per copy (plus applicable
taxes, shipping & handling charges). The manual is specifically
tailored to new researchers, but researchers with more
experience will also find it to be useful reading. We anticipate
that this will be a handy reference tool for all Indian
government offices, and all researchers and technicians dealing
UBCIC R E S O U R C E C E N T R E
with any aspect of the Land Question in British Columbia. If
you have had a chance to check it out, please let us know what
you think! Anyone interested in purchasing a copy of the
The Resource Centre staff have plans in the works to put our
manual can contact Chiefs Mask Assistant Bookstore Manager,
library catalog up on the U B C I C website (www.ubcic.bc.ca). We
Mildred Chartrand, at 1-604-684-0231 or via e-mail at
hope that it will be available i n the next month so check the next
[email protected]. In Kamloops, the contact is Arnold
Newsletter for an update on this project.
Peters at 1-250-828-9746 or via e-mail at [email protected].
We recently previewed an excellent half-hour video on the
prevention, care, and maintenance of diabetes i n First Nation
communities. A discussion guide is included. Y o u can order
' 'Diabetes: Lifetime Solutions" from Gryphon Productions here in
Last November 1st, the UBCIC "published" its website
Vancouver by contacting them at F A X (604) 921-7626 or E-mail:
(the address is http://www.ubcic.bc.ca). We started working on
[email protected]. The cost, including GST if applicable,
it around Labour Day, and so managed to construct and launch
is $172.50. Gryphon has other good videos on health issues for
it within the space of eight weeks. In addition to providing
information about the Union ofBC Indian Chiefs and its historyFirst Nation communities and they will Fax or mail a list upon
request.
and activities, the site also contains useful information about
There have been many Band researchers using the Resource
upcoming events as well as links to other indigenous
Centre in recent months. The comments that are left behind in our
organizations. The Research Department and Resource Centre
guest book tell us that they have been very pleased with the
pages include some useful research databases that you may want
information and help they have received. Some researchers are
to check out. We developed this website from scratch, using an
here for a day while others have been here for several days. The
inexpensive and pretty straight-forward program called
U B C I C Research staff provide an in-depth orientation to the
Frontpage 98, which we recommend to other First Nations
Resource Centre for thoseresearchersusing the Centre for the first
organizations who are considering building websites. Please
time. You can reach us at (604) 602-3433 weekdays to arrange a
check it out & let us know what you think!
time for your visit. If we can't come to the phone, please leave us
a message in our voice mail and we will call you back the same day
UNIQUE RG 10 (DEPT. OF INDIAN AFFAIRS RECORDS
if
possible.
AT THE NATIONAL ARCHIVES OF CANADA)
UBCIC LAUNCHES RESEARCH WEBSITE!
As the snow disappears and the travelling gets easier we
hope that we will see even more researchers. The Resource Centre
staff have worked closely with the U B C I C Research staff to make
UBCIC Research is pleased to unveil the RG 10 File &
important records and finding aids available and we are constantly
Item Database, a special partnership initiative with the Lifelong
improving
Learning Centre of the Institute ofIndigenous Government.
In our collection. Give us a call if you have any questions
about coming to spend some time in the Resource Centre and plan
development for more than a year, it is a researcher-friendly
to put us on your research itinerary.
tool for navigating a particularly complex record group. All
DATABASE NOW ONLINE!
researchers who have occasion to consult Department of Indian
Affairs records will find this to be a welcome and useful
development. The RG 10 File & Item Database can be accessed
10
SPRING
1999
UBCIC NEWS
PROGRAMME
OF UNITED
H U M A N RIGHTS
NATIONS
MEETINGS*
I N D I G E N O U S P E O P L E S - 1999
13 - 14 February
3 June - December
Prepratory meeting before the Working Group on the
Permanent Forum for lndigenous Peoples
Indigenous Fellowship Programme
World Council of Churches, Geneva
United Nations, Geneva
Draft Agenda:
Saturday 13: Regional caucusesfrom2:00
26 - 30 July
p.m. to 5:00p.m.
Sunday 14: 10:00 a.m. to 5:30p.m.
Working Group on Indigenous Populations
Opening Thanksgiving
United Nations, Geneva
Selection of Chairpersons
1. Discussion on the strategies to deal
2 -27 August
with the Working Group on the
Permanent Forum for Indigenous Peoples
Sub-Commission on Prevention of
- Presentation by Julian Berger
Discrimination and Protection of
2. Other Business
Minorities
Agenda item: 'Human Rights of
15 - 19 February
Indigenous Peoples'
United Nations, Geneva
Working Group on the Permanent Forum
United Nations, Geneva
9 August
8 - 10 March
Workshop on the draft principles for the
protection of the heritage of indigenous
peoples United Nations, Geneva
22 March - 30 April
Commission on Human Rights
Agenda item: 'indigenous issues'
United Nations, Geneva
7 - 16 April
Board of Trustees of the Voluntary Fund
for Indigenous Populations.
Advisory Group of the Voluntary Fundfor
the International Decade
United Nations, Geneva
International Day of the World Indigenous
People
15-17 September
2nd Workshop on indigenous media
Atlanta, USA
18-20 October
[to be confirmed]
Inter-sessional Meeting of the Advisory [to be confirmed]
Group of the VoluntaryFundforthe International Decade
United Nations, Geneva
18 - 29 October
[to be confirmed]
5th inter-sessional Working Group on the Draft Declaration on
the Rights ofIndigenous Peoples
United Nations, Geneva
3 - 7 May
Seminar on higher education and research
institutes and indigenous peoples
Costa Rica
SPRING 1999
* Subject to changes. Please check with Mr. Julian Berger,
Indigenous Project Team,
tel. +41 22 917 9272; fax: +41 22 917 9010;
email: [email protected]
Source: doCip Update, No. 27,
January/February 1999
11
UBCIC NEWS
Volpe Confirms Natives
Worst Fears Regarding
Atlantic Salmon
Hereditary Chiefs Robert
Joseph and Charlie Williams
of the Musgamagw
Tsawataineuk Tribal Council attended a
talk given by University of Victoria
scientist John Volpe in Victoria on
February 22, 1999. For too l o n g ,
the M u s g a m a g w Tsawataineuk
Tribal Council has sat back in a diplomatic and polite manner and quietly
corrected the statements of the B.C.
Salmon Farmers' Association with
regard to the environmental damage that
farmed salmon produces and the infringement of our Aboriginal Rights and
Title.
The Musgamagw Tsawataineuk
Tribal Council Chiefs and members
have always feared that Atlantics would
spawn in our rivers. Volpe's research
confirms this. What will happen to our
environment should we experience an
ISA (Infectious Salmon Anemia)
outbreak.
The Musgamagw Tsawataineuk
Tribal Council Chiefs and members call
on the Department of Fisheries and
Oceans and the Ministry of Fisheries to
heed the warnings thatfishfarmsare
indeed a threat to our environment.
The Musgamagw Tsawataineuk
Tribal Council have objected to every
fishfarm that has been imposed on us in
our territories. If salmon farms expand
in the Broughton Archipelago without
our input, our new leases are
"grandfathered" and immune to environmental regulations, we will have no
choice but to pursue this injustice in
court.
Contacts:
Robert Joseph (604) 833-5917
Charlie Williams(250) 949-1607
Yvon Gesinghaus(250) 974-5516
12
News Release
February 22,1999
CRTC APPROVES CANADA-WIDE DISTRIBUTION OF
ABORIGINAL PEOPLES TELEVISION NETWORK
O T T A W A - H U L L - Today the Canadian Radio-television and
Telecommunications Commission (CRTC) approved an application by Television
Northern Canada Incorporated (TVNC) to operate the Aboriginal Peoples
Television Network (APTN). Effective September 1st, 1999, APTN will be
distributed nationally.
Today's decision follows a public hearing held last November, following
the Third National T V Network report rendered in February 1998. The
Commission believes that the nation-wide distribution of A P T N meets the
objectives of the Broadcasting Act and is in the public interest. The Commission is
convinced that all Canadians should have access to a national aboriginal
television service which will offer programming with a high level of Canadian
content that reflects the culture, history and concerns of Aboriginal peoples.
Through this programming, APTN will provide social benefits by helping to
preserve the cultural identity of Aboriginal peoples and offering a cultural bridge
between Aboriginal and non-Aboriginal communities. APTN is to be distributed
as part of the basic service packages offered by large and mid-size cable companies
(i.e. those with more than 2,000 subscribers), Direct-to-Home (DTH) satellite
broadcasting systems as well as Multipoint Distribution Systems (MDS) effective
September 1st, 1999. APTN is also authorized to charge a maximum monthly fee
of 15 cents per subscriber.
Under the terms of its licence, APTN will broadcast 120 hours of
programming each week in English, French and up to 15 different Aboriginal
languages.
Programming will be targeted to a variety of age groups and interests. It
will include children=92s shows, educational programming, cultural and current
affairs, drama, music, comedy, documentary features, discussion programs,
political coverage, and special events, as well as programming about indigenous
people around the world. APTN will also devote 90% or more of both the
broadcast week and the evening broadcast period to Canadian programs.
Reference documents: Decision CRTC 99-42
Public Notice CRTC 1999-31
Public Notice CRTC 1998-8=20
-30General Inquiries:
Ottawa, Ontario K1A 0N2
Tel: (819) 997-0313, TDD (819) 994-0423, Fax: (819) 994-0218
Toll-free # 1-877-249-CRTC (2782), eMail: [email protected]
Media Relations:
Denis Carmel, Tel: (819) 997-9403, Fax: (819) 997-4245
eMail: [email protected]=20
Copies of today's documents are available through our Internet site (http://
www.crtc.gc.ca) or by contacting the public examination room of any CRTC
office. These documents are available in alternative format upon request.
SPRING 1999
UBCIC NEWS
Gukwdzi Opening Ceremenies Set for
May 28 & 29, 1999
I
n the early morning of August
29, 1997 Alert Bay awoke to the
news that their Big House was
on fire. Many people came from their
homes to observe the devastating scene
taking place. Ravaging flames engulfed
the Big House while many in the community looked on in shock and disbelief.
The volunteer fire department fought the
blaze with great skill and courage, while
onlookers watched helplessly wiping the
tears from their eyes. The world's tallest
totem pole, which stood next to the Big
House stood unharmed and alone next to
an empty lot.
While speculating how it could
have happened, word spread that it was
not an accident, many wondered who
could have done this, who would deliberately set fire to our Big House. The
RCMP investigated and a suspect is now
in jail and awaiting trial.
"First Nations Land Management
Act"(Continuedfrompage7)
While measures contained in the Land
Management Act usually have the
impact of angering many Indigenous
Peoples who feel that the federal
government is devolving their fiduciary
duties on reserve lands without making
any real or substantial changes which
would put Indigenous Peoples in a
position to be able to recapture these
fidiciary duties. This was the same
process that Canada attempted to use in
amending the Indian Act several years
ago: because they knew that all Indian
peoples would not accept the changes
they tried to pass "opt-in" legislation.
SPRING 1999
Since that fateful day many are
trying to overcome the tremendous loss
that community shares. While that
emptiness remains in their hearts, the
healing must begin.
The community has united, and
shares a common goal, to rebuild the Big
House. A Big House Committee was
formed and the fund-raising began. Here
is an update on the progress of the
Gukwdzi from Andrea Sanborn, Project
Coordinator for U'mista Cultural Society.
By last Fall we were still waiting
for logs for the main beams. We are very
pleased to report the logs have finally
been found. We are now working on the
first one and the other one will soon
follow. Once the artists are finished with
the main beams there is still a lot of
work to be done.
Engineer specs have to be confirmed, faster holes have to be drilled,
rafter brackets have to be fastened and
then they can move to the Big House
sight for positioning. We should be
ready to call for the crane to lift the
beams into place on the houseposts and
lintel beams. The artists will then be
able to attach the wings and horns on the
houseposts and do some final touchups.
Finally we will be ready to put the
roof on and finish the interior. Waiting
for the main beams has been a long and
painful process. Again we cannot the
Canfor crew enough for all their help in
getting not only the main beams for us
but all of the other logs we needed for
the whole project. It would have been an
almost impossible project without their
help and the use of their equipment.
The milling crew has now
finished their part of the Big House
project having milled all they could.
Every tradesman coming into contact
with the Big House project are in awe
and are very envious of the beautiful
lumber used to build our Big House. All
the lumber is cut from the finest cedar
and to full size and there isn't a seam to
be found in any vertical board. We owe
a big thank you to Stevie Beans for
providing his sawmill to mill all the
lumber. The construction crew continues
to take great pride in placing every board
as best they can.
Once the Construction crew is
finished putting the exterior siding on
the front of the Big House then the artists
can begin painting the design, weather
permitting.
Barb Cramner is filming the
progress of the Big House for her
documentary. John Svanvik who is
working with Barb making sure they
cover as much as possible. We all look
forward to seeing another great and
award winning documentary.
Our grand opening ceremony is
scheduled for May 28th and 29th, 1999.
It is time to get serious about the grand
opening ceremonies for our Gukwdzi
that will be exciting to witness.
A fund-raiser is being planned by
the Squamish First Nation to be held
March 27, 1999 at the Squamish Recreation Centre in North Vancouver. Contact Chuck Sam at 618-8000.
For more information about the
opening ceremonies contact Andrea
Sanborn at (250) 974-5403.
13
UBCIC NEWS
Presentation by Gabe Bartleman to the 28th Annual General Assembly
- Our Elders Speak, Saanich, B.C.
because I didn't know the answer.
Gabe Bartleman (Saanich): I have a great interest in those
More and more I see the need for that now. We don't even
young fellows that were talking here. Those kinds of people need
know who we are. We have forgotten and don't care for each other
a lot of encouragement from people like ourselves. We need to
anymore. Here the system is
encourage these young people
knocking on the back door
because often when we are gone,
already. Because we are not
what are they going to be doing?
familiar with our near relatives
This was a concern of the
we don't know what to say. Are
people that I seen and there is a big
we going to approach them at the
family of interest when we talk about
last minute and say, "They are
those kinds of things. So many of
here already." We need to make
our own people are worried about
SEPTEMBER 14, 1913 TO MARCH 3, 1999
our children aware of what is
their young people. They are going
happening to them.
to be leaving. I honestly think I was
As an uncle and grandfather to many in the Saanich
called in by a cousin who was going
I would like to give all you
community, Gabe Bartleman will begreatlymissed. Gabe
to be leaving her two girls soon.
people credit for discouraging the
When we finished dinner she
Department of Indian Affairs.
took his role as elder very seriously and was an advocate of
began to cry and said, "Uncle, I
More
and more your going to
teaching the traditional values of our people. This included
want to ask you to look after my two
have
to start p l a n n i n g for
the teaching of our language. He spoke of our ancestors and
girls when I am gone." That
yourselves. Y o u become the
encouraged us to continue with strong family ties. He came
reminded me about what I heard
aggressive person now and get
from a large family, the son of Isaac and Martha, siblings
years before that. So we do have a
out there and tell them what you
(including deceased) Irene, Laura, Vincent, Beatrice, Mary,
concern about the young ones and
want for our young people. It's
Percilla, Peter, Alice, Ralph, Josephine, and David
what are they going to be doing
our turn to start planning for our
when we leave? Especially now
Gabe joins his loving wife of 63 years, Evelyn, his
future. When you look around
knowing our concerns is their future
you see the m u n i c i p a l i t i e s
beloved daughter, Rilla, and his precious son, Peter. He will
and its becoming more dangerous
planning
for their future.
be greatly missed by not only his surviving siblings Laura,
every year.
We
got lazy and don't care
Alice, Beatrice, Josephine, and Ralph, but also his son-in-law,
Where and when are we ever
to plan for ourselves any longer.
Willard Modeste, daughters Judy (Ron Martin), Charlotte,
going to learn how so support each
Life is just not what it used to be.
granddaughters Cheryl (Geoff Warmenhoven), Sydney,
others needs? We talk about each
These are the kinds of thoughts
Courtney, and great-grandson, Joshua. Gabe returned home to
others concerns and these were huge
that go through my mind. When
Tsartlip in 1974. The home which he and Evelyn built could
family concerns. Now when I look
I was young I wished for many
not have been possible without the countless hours of help by
at our situation today, how long
things. Somewhere along the
have we been going place to place
line I made up my mind that I was
his nephews and nieces. As a result, Uncle Gabe and Aunty
meeting, and t r y i n g to figure
going
to do what I wished for and
Evelyn's house holds numerous memories of wonderful times
something out, that were going to be
I
got
to
do just those things. If
gone by.
putting i n the way of what is
nobody else is proud of me today
His contribution to social, political and environmental
happening to us.
I am proud of myself.
causes will be greatly missed by the native and non-native
Myself in looking at the
I gained that through hard
community. Gabe fought for the community he loved and for
headway we are making there is just
work. The reason I am saying I
the future generations to come. The loss by our elder leaves a
no hope. I don't have a hope in hell.
got this through hard work is
We have forgotten each other and
void felt by all.
young people don't care to work.
don't visit each other anymore.
I worked hard to get myself to
Some of my nieces and nephews
where I wanted to see myself one
have children that I don't even know. At one time that was the first
day. I never seen the inside of any school and never had a days
thing they taught their children - this is your Uncle, your brother.
education. But I have to give some of that credit to an older sister.
So when you were growing up you knew who your relatives were.
When she came back from the boarding school in the Summer time
Many of the young people were taken away to school when
I went to school for a short while.
I was school age. Somehow or another I escaped that and I didn't
Then I married a very fine young lady and she helped me too.
have to go to boarding school so I stayed home. Very often old
I read good enough for myself and a I am a very poor writer but I
ladies would make me sit down and they would ask me, " D o you
Gabe Bartleman Presentation (Continued on page 15)
know who your are?" For a long time I was ashamed to answer that
In Memory of
GABRIEL ISAAC BARTLEMAN
14
SPRING 1999
UBCIC NEWS
Gabe Bartleman Presentation (Continued from page 14)
got myself some important jobs because I wanted to get there. There
is a reason why I am talking about these kinds of things. If there
is something you want bad enough you will get there.
I became a great foreman building roads and dams because
I learned how to read surveyors tapes. I was proud of myself and
I have never ever got fired from the lack of knowledge that was
needed. The reason why I am talking about these things is
encouragement for the young people. I would like to see them get
out and find out what it was like for our people that lived for them.
Maybe it was a lot of hard work trying to make a living. I
am so sure these people, when they went to bed at night, knew darn
well they never owed anybody anything. They never took money
for nothing. Do things to feed your soul and you feel good about
that. That is the kind of thing I think about often. We have
everything.
There is no reason why the students leaving this school
shouldn't be able to get a job somewhere. We have to become part
of this economy somehow or another. It was a different economy
when I was young. If we wanted to dig clams on the beach we had
to go the bush first and get some pitch to make the fire for light so
we could see the clams we dug out of the sand. There were many
people up there looking for pitchy wood.
Those are the kinds of things I seen and I know the people
felt good about themselves. It was common to hear someone
walking on the road humming and singing to himselfbecause it felt
good. It was common to drop in for a cup of tea. Nowadays you have
to have an appointment to go visit or have to be invited for a cup
of coffee.
That is some of my concerns. We have somehow or other
separated ourselves. Some of you people can write on a piece of
paper and say, " W e do support these people for what they believe
i n . ' ' We can't go one by one asking the government for something
but have go as a force of native people in British Columbia. The
government has us figured out, "One by one we'll knock them
off." That is what's happening. One by one we will buy them off
and that is what's happening in some places.
We have to put a little bit more of our lives into a spiritual
light. Where there is some kind of honesty so we can look at our
relatives in the eye to sit down and talk to them and not feel guilty
about something that was done. This is what we should hear from
our parents. Its ourjob and we are the teachers. If were old enough
to have children then we should know enough to teach them the way
of life. When something goes wrong, do you know who the blame
is? That's the kind of things we should be looking at.
Many years ago i f our people done something wrong they
didn't have to go before a white man, who they did not know, and
he would sentence them. There was no blood relation there at all
and just said, "You go i n for ten days," or whatever that might be.
Those were harsh punishments. The difference between that
punishment and the punishment that was handed down by the old
people was so much different. You sat with your relatives and they
spoke to you and told you what was right and wrong.
That was the education that was offered to our people in
those days and they became good people and learned how to live
together. Now we all got homes of our own and we can't even face
each other. Pick up an old tire and throw it over the fence into
SPRING 1999
someone else's yard. That's the thoughts we have for each other
today.
When I look at what were producing out of the schools
myself I don't see anything i n it. Education might teach you how
to read and write but it also teaches you how to cheat each other.
Some of the smart people are rich. Why? They don't live in one
place and they have done themselves so much harm i n one place
they will sell their home and move. I guess that is what I see out
of it.
We have to offerjust a little bit more of the native philosophy
in our schools. We have to be allowed to have some input and start
writing our own philosophy in regards to that kindness I am talking
about.
In some of the jobs I have been on there were all kinds of
men, some good and some were bad. Y o u sit down and listen to
what's happening. I heard one fellow said, "Most of the fellows
where I was in jail were crooks - they are lawyers." It was
interesting to me to know that pencil can draw a trail to jail, and
that is what I used to think when I heard these kinds of things.
I was born in 1913 and have a good memory and I hope to
keep it for a while. We talk about behavior when we get to this part
of our life because were worried about the young people because we
love them. Nowadays when you talk to someone else's children you
probably get a message to lay off of my children which is not very
neighborly.
If you weren't interested i n your future then you
wouldn't be here but you need a lot of help to get there and you
need each other. We must not forget that one day we will be
needing the help for those people in Penticton. We should show
somewhere along the line that we support what they are doing
and believe in. We don't have to tell them what to do and don't
have to put any blockades.
God Looked Around
God looked around his garden
And found an empty space;
He then looked down upon this earth
And saw your tired face.
He put his arms around you
And lifted you to rest;
God's garden must be beautiful,
He only takes the best.
He knew that you were suffering,
He knew you were in pain
He knew you might never
Get well upon this earth again.
He saw the road was getting rough
And the hills were hard to climb,
So He closed your weary eyelids
And whispered, "Peace be thine".
It broke our hearts to lose you,
But you never went alone,
For part of us went with you
The day called you home.
15
UBCIC NEWS
UNION OF B . C . INDIAN CHIEFS
MANITOBA'S NEW DEMOCRATS
PRESS RELEASE
SUPREME COURT DECISION MAJOR
Baby Ishmael Case
STEP BACKWARDS FOR FIRST
NATIONS CHILDREN
March 12, 1999, Vancouver, B . C . - Chief Stewart
Phillip, President of the Union of B.C. Indian Chiefs
offered these comments in response to the Baby Ishmael
case. :
"It's a racist decision, plain and simple" said Chief
Stewart Phillip of the Supreme Court's recent ruling
in the B a b y Ishmael case, "Hopefully, if this
case is re-heard they will have the courage and integrity
to do what is right, and to do what is just."
"The adoptive grandparents might have material
wealth, but that means very little compared to the
future social and cultural well-being of this child. The
Court cannot continue to hide behind sterile colonial
laws to justify tearing Indigenous children away from
their cultures and heritage. Obviously, it is in Baby
Ishmael's best interests to remain with the Indigenous
family who loves him, who cares for him, the only
family that can teach him about his culture and
heritage."
"Children have suffered long enough on the social
policy battlegrounds between Colonial-minded
Canadian governments and Indigenous peoples.
Canada makes laws to take our children away, because
taking away our children takes away our future.
Hundreds of thousands of Indigenous families have
been ripped apart when their children were stolen from
them. It is genocide to steal children. The Court can
stop the genocide by leaving Baby Ishmael with
his Indigenous grandparents. I just hope they have the
courage to value the love of Indigenous people over the
money of others."
-30Contact: Chief Stewart Phillip (604) 684-0231
NDP MLA Eric Robinson, Grand Chiefs Francis Flett
and Bill Traverse say the recent Supreme Court decision
awarding custody of a First Nations child from Manitoba to a
couple living in Connecticut should be overturned. Quite
simply this decision reverses attempts over the past 15 years to
end such practices. Given the importance of the principle they
have called for the Premier and the Federal government to
support the family and oppose the opposition.
In 1983, the Kimmelman Report recommended the
ending of adoptions of Aboriginal and First Nation children out
of province and out of the country. It is a return to the ethics of
the sixties scoop during which more than three thousand
children were taken from homes on reserves and placed for
adoption in mostly white middle class homes often in the
United States.
The sixties scoop was a massive failure on a personal
level and a family level. It was also an outrageous example of
paternalism and effectively a form of genocide. The percentage
of such children who experienced a cultural identity crisis as
they grew up was extremely high as were the number of cases of
abuse and neglect.
The long term effects of the sixties scoop are being felt in
every community as parents and children deal with lost relatives
and ensuing social problems. For the Supreme Court of Canada
to say an Aboriginal child is better off in a home in the United
States largely because of an economic standard of life is a
terrible position that we must not allow to be used as a model.
A 1995 study of 100 Manitoba Aboriginal children who
were adopted in Pennsylvania found that half had experienced
identity problems and a third had lost all touch with their
adoptive parents.
The Supreme Court decision is not just disturbing
because of the principle, it is disturbing on a personal basis.
Having spoken to relatives of the child involved we find it
difficult to understand the basis which is economics. We have
offered to assist the family in their efforts to appeal this decision
in any way that we can. The grandfather is a band member of
Sakeeng First Nation. The family has hired a lawyer to investigaterequestingarehearingof the court decision under rule 51
of the rules of the Supreme Court of Canada. It is our view that
both levels of government speak out on the case and the principle of custody.
-30-
16
SPRING 1999
UBCIC NEWS
ANNOUNCEMENTS -- BULLETINS
INDIAN AND NORTHERN AFFAIRS CANADA
Information Notice
--
NOTICES
BUSINESS P L A N W R I T I N G FOR
FIRST NATIONS ENTREPRENEURS
V I S I O N S FIRST NATIONS
A L L C E R T I F I C A T E S O F INDIAN STATUS,
W H I C H D O N O T DISPLAY A N EXPIRY D A T E ,
MUST B E RENEWED BEFORE
J A N U A R Y 1, 2000
It is very important that all registered Indians visit their
band office or the BC Regional office of the department of
Indian Affairs and Northern Development to renew their
Certificate of Indian Status card if their status card does not
contain an expiry date. All previous versions of the status card
will only be valid until January 1, 2000.
The purpose of issuing Certificate of Indian Status cards
is to verify that the cardholder is a registered Indian. Status
cards are only useful if the photographs are current. It has
come to our attention that some registered Indians have been
denied services because some service providers have questioned
whether their status cards are still valid.
To remedy this situation, it has been decided that all
status cards issued to individuals under the age of eighteen will
have an expiry date of two (2) years and all status cards issued
to individuals over the age of eighteen will have an expiry date
of five (5) years from the date of issue.
This policy is effective immediately.
It should be noted that the five year expiry date does not
mean that the cardholder ceases to be a registered Indian at the
end of the five-year period. It only means that if the cardholder
intends to use the status card to obtain certain services and
benefits, it must be renewed every five years.
Should you have any questions or concerns, please
contact your Band office.
NEXT U B C I C N E W S L E T T E R
DEADLINE
April 15, 1999
If you have information that you would like to see in the next
edition of the UBCIC NEWSLETTER, please fax to the attention of UBCIC NEWSLETTER at (604) 684-5726 or email to:
[email protected]
SPRING 1999
PLANNING G R O U P
Visions First Nations Planning Group is a consulting team that
through the sponsorship of Tale'awtxw Aboriginal Capital
Corporation (TACC) is able to offer First Nations Business
Advisory Support to the communities within the TACC trading
area at NO COST to the First Nations individual seeking
financing for small business.
TACC is available to provide Aboriginal entrepreneurs a source
of loan capital for the establishment of viable businesses.
TACC assists small businesses in ways that exceed the traditional financing role, by supporting and promoting the creation
and development of First Nations businesses.
Writing a business plan, assessing viability, and preparing the
financials are a daunting task to even the most experienced
business person. Visions offers approved First Nation persons
business advisory services to write and prepare a business plan
if they are seeking financing from a small business.
Visions Consultants provide practical business counselling and
planning support by helping an entrepreneur to address a broad
range of management concerns which can have an important
impact on their success. Visions develops a work plan that
identifies the types of support required, and the time needed to
deliver support. The maximum amount of time available for
each client is 25 hours, however clients can opt to write their
business plan in a workshop arrangement, with aminimumof
five clients. With this limited amount of time the mentor's role
is to assist and advise in the clients development of the plan and
financial projections.
If you have several persons wishing to undertake a business
plan writing workshop please register their names and availability dates with Visions.
For more information contact Laara Carden,
Visions First Nations Planning Group
Phone: (604) 913-0321 Fax: (604) 913-0322
Visit the Union of B . C . Indian
Chiefs Website:
http://www.ubcic.bc.ca
17
UBCIC NEWS
MAP OF THE SOVEREIGN INDIGENOUS NATIONS
TERRITORIAL BOUNDARIES: JUNE, 1993
The Union of B . C . Indian Chiefs' map of the Sovereign Indigenous Nations Territorial Boundaries is the only contemporary
map that accurately shows the traditional tribal territories of the 23 Indian Nations in British Columbia. The six colour map measures
28" x 36".
The tribal territories are the homelands of distinct Nations, within which their respective peoples share a common language,
culture and traditional forms of political and social organization. These homelands have been occupied by the Indian Nations since
time immemorial. Up to the present, the Indian Nations in British Columbia have never surrendered their ownership oftheir homelands
(aboriginal title), nor have they surrendered their original sovereignty as nations to govern their homelands (inherent jurisdiction).
Information on the territorial boundaries was compiled by the Union's research portfolio and President's office between July,
1990 and April, 1993 from archival research and information provided by elders, chiefs, and tribal councils. Chief Saul Terry, President
of the Union and a graduate of the Vancouver College of Art (now the Emily Carr College of Art and Design), prepared the working
drafts for the map.
Design and cartography for the June, 1993 map was done by David Sami, chief cartographer of Multi Mapping Ltd. in
Vancouver, B . C . , using a 1:2,000,000 scale base-map from the Surveys and Environment Branch of the British Columbia Ministry
ofEnvironment, Lands and Parks. A l l 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
18
SPRING J 999
UBCIC NEWS
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SPRING 1999
19
UBCIC NEWS
Union of British Columbia Indian Chiefs
20
SPRING 1999
UNION OF B.C, INDIAN CHIEFS RESOURCE CEN
U.B.C.1LC.
Sth Floor, 342 Water Street
Vancouver, B.C,
V6B 1IB6
Tz (604) 684-0234 F:(604) 684-6726
Emaik [email protected]
NEWS
“Delgamuukw Honeymoon is Over"
December 11, 1998 marked the one year anniversary of the landmark Supreme Court of
Approximately 170 Native protesters marched through downtown
Vancouver to demonstrate their solidarity with one another and their determination to force the federal and provincial
Canada Delgamuukw Decision.
governments to uphold the decision.
Speakers included Don Ryan - Chief
Negotiator for the Gitskan, Chief Arthur
Manuel, the Chairman of the Interior
Alliance, Viola Thomas, President of
the United Native Nations, Dave Dennis of
the Native Youth Movement, Chief Ron
John of the Hope Indian Band and Chief
Stewart Phillip of the Penticton Indian
Band and newly elected President of the
Union of B.C. Indian Chiefs.
The message from all the
speakers was crystal clear - ‘“‘the
Delgamuukw honeymoon isover!’’ Dueto
the Canadian governments failure to
embrace the Delgamuukw decision,
speakers agreed that it will be necessary to
mobilize the ‘‘grassroots’’ people in
preparation for a ‘“Spring offensive’’.
Simply put, Delgamuukw has
recognized that, in British Columbia,
e Aboriginal Title exists on an equal
footing with Provincial Crown Title;
e Aboriginal Title represents a clearly
defined property interest which reflects an
undeniable economic interest;
@ gives the Indigenous Peoples of British
Columbia the full night to enjoy the financial
benefits that flow from the development of
the natural resources within their tribal
territories;
e the Province of British Columbia
cannot unilaterally extinguish
Aboriginal Title;
e obligates Governments to consult with
Indigenous governments in a
meaningful and substantive manner before
undertaking any actions that may infringe
Aboriginal title;
e any and all infringements of
Aboriginal Title must be fully
compensated; and
e above all else, the governments are
legally obligated to consult and negotiate
with Indigenous governments in good faith.
Canada and the Province of ‘“B.C.’”’
have ignored the Delgamuukw Supreme
Court decision . To our great detriment,
Canadian governments continue to insist
on advocating and advancing policies
designed to extinguish our aboriginal title
and rights. In spite of the fact that the
United Nations is celebrating the 50th
Anniversary of their Universal
Declaration of Human Rights, the Canadian
governments continue in their efforts to
deny our fundamental human right of self
determination. By so doing, the Canadian
governments perpetuate the grinding
poverty in our communities.
**During the Mohawk crisis at Oka
in 1990, we were lectured on a daily basis
on the absolute power and authority of the
“Rule of Law’’. We were told on a daily
basis that it is absolutely essential to respect
the ‘‘Rule of Law’’, said Chief Stewart
Phillip to the gathering. ‘However,
when the highest judicial authority in this
land recognizes our aboriginal title and
rights and directs the Governments of this
land to negotiate with us in good faith,
those very same governments, in a very
cavalier and arrogant fashion, simply ignore
the directives of the Supreme Court. Such
hypocrisy!! Such Arrogance!! We will not
be denied!”’
Similar protest actions took place
throughout the Province. The Seton Lake
Indian Band stopped BC Rail traffic on
BC rail lines. Protest demonstrations
and informational pickets took place in Mt.
Currie, Bridge River, Pavillion, Chase and
Penticton. The Mt. Currie, Bridge River
and Pavillion demonstrations invoked
hostile altercations with local logging
contractors.
Further demonstrations are planned
for the future. The UBCIC also organized
a three-day “‘think tank’’. For details see
page 4.
IN THIS ISSUE...
President's Message
Legal Update
UBCIC Think Tank
Native Youth
Movement
"First Nation Land
Management Act"
8. UBC IC Swearing in
Ceremony
10. Specific Claims &
Resource Center
Update”
11. Program of United
Nations Human Rights
Meetings.
12. Aboriginal Peoples
Television Network
13. Gukwdzi's Opening
14. Gabe Bartleman
Memorial
Baby Ishmael_ Case
eS ef
a
SPRING 1999
UBCIC NEWS
Chief Stewart Phillip
Okanagan
i
~cC’/~ want everyone here
to know how I feel
the heavy weight of
responsibility with
the decision to allow my
name to stand.
I want the youth in
attendance to understand that
our responsibilities as
indigenous peoples of our
respective nations means that
we have to step forward and
take responsibility and we
can not just merely stand on
the sidelines and criticize
things that we don’t agree
with, without taking that step
forward.
Joan and I are also
blessed to have went to
treatment 11 years ago. |
heard one of our elders talk
this morning about the need
for healthy leadership to be
able to deal with the issues
with a clear mind and to have
dealt with a lot of the
personal issues that impair
our decisions and impair our
relations with others.
I heard Chief Erven
Charleyboy say earlier that
we have to be big enough to
be able to apologize. I heard
other people in this room say
that we have to be flexible
and open enough to listen to
other peoples points of view.
I first became involved
in the movement back in the
70’s. I recall the Chilliwack
Conference, I spent 10 days
in the Vernon Department of
Indian Affairs office, an
occupation that was
successful in closing down
that office.
Joan and I and our
children have been to
numerous political actions
and blockades throughout the
province.
Message From the President
DELIVERED TO THE 30TH ANNUAL GENERAL ASSEMBLY,
}ANCOULER = BC.
Respected elders, Traditional Chiefs, spiritual leaders, native woman, native
youth, Chief and Councillors, brothers and sisters:
There was a blockade
on Vancouver Island in
Nanoose and there was a
huge development being
brought forward where they
were desecrating a burial
ground. Joan and I attended
that.
We attended the action
at the Cheam Band where
there was a fisheries dispute.
We were in Stl’atl’imx
territory in the 90’s where
both Joan and I were arrested
at the Seton Rail Blockade. I
was arrested at the Mount
Currie Blockade and I was at
Adams Lake, and Douglas
Lake.
Just recently Joan and
I traveled up to Chetwynd.
The Saulteau people are
having a struggle with
Amoco Oil who is preparing
to drill in their sacred
mountain.
The reason I bring this
up is because it has been said
for the last two days that it’s
a time for action and it has to
go beyond discussing and
articulating our oppression.
We have to be prepared to
stand on the line and we have
done that.
Joan and I and our
children have been to these
places and we have supported
the people in these
communities. That is the
kind of commitment that it
takes,
Yesterday I talked
about the need for a very well
thought out plan - a strategy.
Actions on their own that are
not coordinated and are not
part of a planned strategy
really don’t advance us to
where we need to go.
I think we need the
discipline and take the time
to sit down and develop those
kinds of plans. We have a
resolution here passed about
an hour ago that gives us that
type of direction.
I recall many years ago,
George Manuel holding up the
resolutions that were passed at
a Conference and saying,
*“This is our bible for the next
year.’ I think that when
resolutions are passed at our
assemblies, those resolutions
have to be followed up.
We learned in
Penticton during the Green
Mountain Road APEX dispute
that you can not do these
things on your own. We need
the active support of our
people. We have to have the
ability to mobilize the people
at the community level. It
can’t be achieved by a roomful
of Chiefs.
I heard Chief Art
Manuel yesterday talk about
his discussions with the
Minister of Indian Affairs
expressing his frustration that
they do not take us seriously.
We learned in
Penticton that the only way the
government takes you
seriously is you have to mean
what you say, say what you
mean, and the government has
to understand the fact that
your people are squarely
behind you.
So we need to open up
to allow for the woman to
become involved in this
movement because that is their
right. The woman in our
communities are the ones that
bare the heavy weight of the
poverty.
We need to provide a
space for the native youth
because that is the energy.
There are so many youth today
that are really looking for a
place to become involved. I
think we have to respect the
youth, and at the same time
I think the youth have to
us.
The youth have to
understand there are leaders
that are being mislead by
government and are
involved in processes that
will extinguish our rights.
But equally if not more there
are leaders that are fighting
very hard to protect our
rights, and I think you need
to be able to make that
distinction.
In closing, I would
like you to know and
understand that I am not
only talking about the issues
but make it my business to
be where I am needed to
support the grassroots
people at the community
level.
I think of my
grandchildren a lot. Our
elder Agnes Dick earlier this
afternoon asked a question
that really underlines the
issue. She said, ‘“What is
the future of my great
grandchildren?’’
The responsibility is
in front of all of us to protect
that future and ensure that
their rights and title is in
tact.
I ask that you look
into your hearts, think about
your grandchildren and your
children, and how we can
best protect their future.
Thank you.
2
SPRING 1999
UBCIC NEWS
Spinks’ Employment Insurance Victory
The U.B.C.I1.C.’s legal
department was asked to assist Nathan
Spinks, a Councilor of the Lytton First
Nation (Nlaka’pamux), in his chalienge
of an assessment that honoraria he
received as a band councilor should be
considered ‘‘earnings’’ under the
Employment Insurance Act (‘‘EI’’).
Nathan won his appeal to the Umpire,
and the decision is discussed below.
Background:
Over the past several years,
Human Resources Development Canada
(HRDC) - the arm of government which
administers Employment Insurance - has
increasingly targeted Indigenous Peoples
who sit as elected members of Chief and
Council.
HRDC has forwarded requests to
different Band offices requesting
information about honorariums paid to
band councilors and others. The
information requests appear to be a part
of a review by HRDC of the employment
insurance benefits received by band
councilors.
In a number of cases, the
“‘honoraria’’ received by band council
members has been determined to be
“‘earnings’’ for the purposes of the Act.
As a result, band councilors who are
collecting unemployment insurance
benefits have been told that they must
declare the amounts of the honoraria on
their report cards as ‘‘earnings’’. The
employment insurance benefits received
by these people are then reduced.
Failure to report these amounts has
resulted in heavy fines being levied
against people for making ‘‘false or
misleading’’ statements on their report
cards,
Council members have been
denied EI benefits which they paid for,
or have been assessed heavy penalties
when they did not declare these amounts
as ‘‘earnings’’ on their report cards.
The system has served to penalize
individuals who agree to sit on band
councils on a voluntary basis. In some
cases, insurance officers have refused to
accept letters from Band Councils which
clarify the nature of the honoraria as
expense-reimbursement, leaving no way
for individual council members to prove
their innocence.
HRDC has issued a ‘“Notice’’
stating that it considers all honoraria
received by band councilors to be
“‘earnings’’ (but not those amounts
which are intended to compensate
council members for the actual expenses
The Decision:
Nathan Spinks appealed on two
grounds, and these are discussed below.
1, That the honorariums received
by band councilors do not constitute
“earnings” under Regulation 57 (now
35) of the Employment Insurance Act.
In order for the Commission to
constitute amounts received as
“‘earnings’’ they must be related to
labour or employment, or somehow
connected to or arising from
employment.
While the HRDC, through
Regulation 57, has determined that
amounts received during the ‘‘tenure of
an office’’ are to be considered income,
it is clear that the power of the
Commission to pass Regulations is
prescribed by the Act itself, and to be
eligible the ‘‘office’’ must have the
colour of ‘‘employment’’. The
“‘offices’” specifically listed in the
Canada Pension Plan Section 2(1) [the
definition
The decision in Nathan Spinks’ case is positive adopted by
because it recognizes that honoraria received by Band Regulation 57]
Councilors is not the same as amounts received by other | 40 not include
elected officials, and therefore that these amounts Band
should not be classified as “‘earnings”’. eutueloe,
Rather, they
list offices,
they incur). With all due respect to the
HRDC, we do not feel that they are
correct in their position that
‘‘honoraria’’ received by band councilors
should be considered ‘“‘earnings’’, this is
discussed below.
One of the main difficulties with
the classification of honoraria as income
is that it assumes that the position of a
band councilor should be considered as
“*lJabour’’ or other employment. A
number of band councilor’s have
expressed their opposition, and stated
quite clearly that they perform their
duties voluntarily and out of service to
their community and people, In many
cases, the honoraria that is received by
band council members is intended to
cover their out of pocket expenses and
not intended as a form of ‘‘wage’’ or
other compensation for the time spent
while performing their duties.
LEGAL UPDATE (Continued on page 6)
such as judges, lieutenant governors,
and members of the House of Commons
and Cabinet Ministers for whom the
“‘office’’ may be considered a full time
job, and which are compensated as such.
In order to be properly
determined ‘‘earnings’’ for the
purposes of Regulation 57 the
honoraria received by band councilors
must be found to arise out of or
resemble employment.
HRDC argued that the position of
a Band Councilor should be
considered the same as that of a
mayor, city councilor, or member of
parliament, and that all monies received
in conjunction with that position should
be classified as earnings or income.
Therefore, when people do no declare
honorariums received as a Council
Member on their EI report cards that
they should be penalized, and that all
SPRING 1999
“UBCIC NEWS
Indigenous Leaders & People Vow to
Implement Delgamuukw
Approximately 50 Indigenous leaders, community members, legal advisors and technicians met in
Vancouver from January 25 - 27, 1999 to discuss the complete and total lack of progress on the part of the
federal and provincial governments in upholding the December 11, 1997, Delgamuukw decision.
osted by the Union of B.C.
H Indian Chiefs, the three day
\ think tank was organized in
response to resolution #1998-6 passed
by the Chiefs-in-Assembly at the
UBCIC's 30th AGA and, as a follow
up to the rally commemorating the
first anniversary of the decision held
in Vancouver [seecover story].
Leaders and community
members used the opportunity to
express the escalating frustration and
growing anger felt by many grassroots
people at the “business as usual"
approach by both levels of
government. Government's insistence
that aboriginal peoples go to court to
prove title, the federal Crown's failure
to uphold its duty to protect aboriginal
title lands thereby allowing continued
infringement and stepped-up resource
extraction, and the Province's flawed
consultation process were cited as
some examples of Canada's continued
state of denial.
Unlike the plethora of
conferences held since the decision
was handed down that simply review
aN
the legal aspects of Delgamuukw,
think tank participants were also able
to explore various options to take
widespread coordinated actions to
assert their Aboriginal Title in the
Spring and Summer of 1999,
Suggestions included tackling
the bureaucratic cop-out by provincial
regional managers that say they are
“just following orders” in continuing
to issue licenses and tenures to third
party interests on Aboriginal lands,
launching an international human
rights campaign, demanding a judicial
review of the federal governments
1986 Comprehensive Claims policy
and the physical occupation of
Aboriginal Title lands.
More radical suggestions
Continued on page 5
SPRING 1999
UBCIC NEWS
Above: Flora Dawson, Kwakiutl
Below: (Left) John McIntyre, Skuppah & Joey Pierre, Okanagan
offered by community members, such as the
establishment of a "War chest" to finance a Spring
Offensive, was not readily dismissed given the lack of
genuine political dialogue between Indigenous leaders
and government on the best means of implementing the
decision.
Participants vowed to meet again to develop a
specific action strategy that would force governments
to demonstrate the political will to work with
Indigenous leadership and honour the reality of
Aboriginal Title.
The UBCIC will also be hosting a three day
research conference entitled "Implementing
Delgamuukw: Legal Implications for Aboriginal Title
Research in B.C." on March 1 - 3, 1999 at the Simon
Fraser University Harbour Centre (Downtown)
Campus, 515 West Hastings Street, Vancouver, B.C.
For more information contact the UBCIC Research
office at 1-604-684-0231 or e-mail at:
[email protected]. You can also visit our website
at http://www.ubcic.be.ca
& ,
SPRING 1999
“UBCIC NEWS |
LEGAL UPDATE (Continued from page 3)
honoraria people who are collecting EI receive, should be
deducted from their EI benefits.
The Umpire decided that the money received as a Band
Councilor is not the same as monies received as person who
holds an ‘‘office’’ (under the Canada Pension Plan definition)
which would have the effect of ““entitling him to a fixed or
ascertainable stipend or remuneration.’” The Umpire found that
the honoraria received in this case was
‘not a fixed entitlement. Indeed, it was not an
entitlement at all. Election to the position of Councilor did
not confer upon the position an entitlement to a stipend or
other form of remuneration. Payment of an honorarium to
a Councilor was within the discretion of the Council of the
Lytton First Nation. As pointed out by counsel the Council
was at liberty to discontinue payment of the honorarium
and, although the claimant while retaining the position
and performing the duties which devolve upon a
Councilor, he would have no legal recourse to force the
Band to pay an honorarium or some form of stipend. He
would, of course, be entitled to be reimbursed for his
expenses.”’
2. If honorariums are ‘‘earnings’? HRDC can only count
the amounts which are not eaten up by the expenses
incurred by a Band Councilor in the course of their duties
(for travel, meals, etc.)
In many cases, Band councilors do not end up with a net
benefit or financial gain from the honorariums they receive.
Instead, the monies they receive as honoraria do not completely
cover the expenses which they incur. This was the evidence in
Nathan Spinks’ case.
The Umpire found that
**Having regard to the territory claimant served, the
honorarium of $100 a week is not at all excessive -
particularly when one takes into account the cost of
gasoline and meals while traveling. ... The Band’s intent of
relieving Councilors the task of keeping a record of
expenses and relieving itself of the administrative costs
of examining expense accounts is quite a logical common
sense decision.”’
He further agreed with Nathan Spinks’ submission that it
is not feasible to expect Band Councilors to submit separate
expense receipts for all of the expenses that they incur, as this
would create too much administrative hassle and greatly
increase Bands’ administration costs.
‘‘The Band’s intent of relieving Councilors the task of
keeping a record of expenses and relieving itself of the
administrative costs of examining expense accounts is quite a
logical common sense decision.”’
Conclusion:
The requests for information by HRDC about amounts of
honoraria received by band council members should be treated
very cautiously. There have been numerous Councilor’s who
have been penalized and denied EI benefits based on the
honoraria they receive as Council members.
The decision in Nathan Spinks’ case is positive because
it recognizes that honoraria received by Band Councilors is not
the same as amounts received by other elected officials, and
therefore that these amounts should not be classified as
“‘earmings’’.
While the Umpire’s decision was a victory for Band
Councilors who have been penalized for collecting honoraria
while on EI, we would add one note of caution. The decision
suggests that while honorariums received by Band Councilors
should not be classified as ‘‘earnings’’, a different decision
would be possible if the
‘*honorarium was so excessive that it would be
unreasonable to believe that its real purpose was to
compensate for a Councilor’s daily expenses. That is to say
consideration should be given as to whether the honorarium
is so excessive that it is a guise for a wage or salary.”’
If you would like a copy of the decision, please contact
U.B.C.LC.’s Vancouver offices at (604) 684-0231.
STAY OF PROCEEDINGS
Twenty two members of the Native Youth Movement (NYM)
had contempt of court proceedings brought against them as a result of
their occupation of the Westbank First Nation's offices in May 1998.
The NYM occupied the offices to bring to highlight their
opposition to Westbank's involvement within the B.C. Treaty Process.
During the occupation, a court injunction was sought banning the
NYM from the offices. When the youth refused to leave, they were
arrested and had contempt of court proceedings brought against them.
Since the tume of the arrests, Westbank First Nation has
changed leadership and is re-examining whether or not it will remain
within the current treaty process. In part this re-examination is due to
the attention that the youth were able to bring to this matter within the
community. Ail the member communities of the Okanagan Nation
were unified in their position that the youth should not be penalized
for taking action to protect their collective aboriginal title and nghts.
On February 15, 1999 the issue was heard at the B.C. Supreme
Court in Kelowna. While Crown argued that the youth should be
penalized for their participation in the occupation, counsel for the
NYM argued that proceedings should be granted and the contempt
charges stayed. The Court agreed with NYM's arguments, and upon an
apology to the court, all proceedings against the youth were dropped.
The UBCIC is proud of the youth for the stand that they have
taken and their courage in being willing to fight for those things that
they believe in. In recognition of the role that the youth have played in
protecting our collective aboriginal title and nghts, the UBCIC at it's
last Council Meeting created a permanent seat on our Chiefs Council
for the NYM.
6
SPRING 1999
UBCIC NEWS
"First Nation Land
Management Act"
The Continuing Legacy of the 1969 White
Paper
Canada is proposing legislation known as the *‘First
Nation Land Management Act’’ which is currently being
considered before Parliament. The overall purpose of this
legislation is to implement the “‘Framework Agreement on First
Nation Land Management’’ which was agreed to between
certain Aboriginal Peoples and Canada in 1996. To date, 12
First Nations from across Canada have opted in.
The overall purpose of the First Nation Land Mangement
Act is to incorporate Canadian systems of land management
onto reserve lands, as part of Canada’s overall drive to reduce
its fiduciary obligations to Aboriginal Peoples for the
management of reserve lands. As the law currently stands,
Canada (through the Department of Indian and Northern
Affairs) maintains a strong fiduciary duty to safeguard and
protect aboriginal interests in reserve lands.
Since the White Paper in 1969 the federal government
has increasingly focussed on having Indigenous Peoples give up
all special status and become ‘‘regular Canadian citizens’’.
Although that policy was officially dropped, it continues on
through efforts such as the First Nation Land Management Act
which will have the impact of converting reserve lands to quasi-
municipality type of land holdings.
One of the primary features of the Act is that First
Nations agree to establish their own “‘land codes’’ which they
will use to govern and grant interests in their reserve lands.
The Act also gives First Nations the legal power to mortgage
reserve lands, and establishes corporate structures to hold and
manage First Nation’s lands. Once a First Nation establishes a
land code, all obligations of the federal government in respect
of interests in that reserve land are transferred from Canada to
the First Nation. (Canada manages to succesfully devolve its
fiduciary).
The Act contains the following section which
indemnifies Canada for any responsibility for lands which fall
within the Land Management Act:
34. (3) Her Majesty is not liable in respect of anything
done or omitted to be done after the coming into force
of the land code of a first nation by the first nation or
any person or body authorized by the first nation to act
in relation to first nation land.
(4) The first nation shall indemnify Her Majesty for
any loss suffered by Her Majesty for any loss suffered
by Her Majesty as a result of an act or omission
described in subsection (3).
“First Nations Land Management Act" (Continued on page 13)
CHIEFS MASK
BOOKSTORE
The Chiefs Mask catalogue is now available on
the world wide web. To browse our site go to
www.ubcic.bc.ca, there you will find the
Chiefs Mask bookstore. You can make
a book order by printing out the Chiefs
Mask order form and faxing it to us or by
e-mail. The Chiefs Mask e-mail address is
[email protected].
Note on the website we are the sole distributor
for “The Same As Yesterday - The Lillooet Chronicle the
Theft of Their Lands and Resources” by author Joanne
Drake-Terry, available at a reduced price of $24.95.
Also available is the recently published manual by the
Union of British Columbia Indian Chiefs and distributed
solely by the Chiefs Mask is “Researching the indian Land
Question in BC - An introduction to Research Strategies &
Archival Research for Band Researchers” edited by Leigh
Ogston, available at the affordable cost of $20.00.
These two books address issues such as treaty-making
and lands-related processes, which are most important to our
people.
| invite you to read these books and have your friends
and colleagues know about them.
To date many orders have been received via e-mail
and fax and the Chiefs Mask has been experiencing a growth
in sales due to our intemet site.
All comments are welcome and can be published in
the next issue of the UBCIC Newsletter with the expressed
permission of the writer.
It is at this time | would like to thank you for your
continued support in the Chiefs Mask Bookstore.
Mildred Chartrand
Assistant Manager
Vow révatlable:
Kwakwaka’wakw Settiements 1775-1920
- A geographical Analysis and Gazetteer
by Robert Galois $65.00
Tribal Boundaries in the Nass Watershed
by Neil J. Sterntt
Susan Marsen
Robert Galois
Peter R. Grant
Richard Overstall $27.95
Plant Technology for First Peoples in BC
by Nancy J. Turner $26.95
SPRING 1999
~ UBCIC NEWS
Fourth President of UBCIC officially Sworn-in
Chief Stewart Phillip of
the Penticton Indian Band/Okanagan
Nation was sworn-in as the fourth
President of the Union of British
Columbia Indian Chiefs on December
10, 1998. In front of a packed theatre,
including family, friends, leaders and
community members, Chief Phillip
swore to uphold, honour and protect
the Aboriginal Title and Rights of our
Peoples.
Held at the Simon Fraser Uni-
versity Downtown Campus in Vancou- S
ver, the ceremonies were officiated by eo — See
Retired Judge Alfred Scow of the UBCIC President and Chief Stewart Phillip, Joey Pierre, Judge Alfred Scow
Kwakiutl Nation. Okanagan Elder
Joey Pierre bore official witness to the
signing. Leaders and members from
the Secwepemc, Tsihlqot'in, Kwakiutl,
Southern Carrier, Native Youth Move-
ment, Native War Veterans Associa-
tion, Institute of Indigenous Govern-
ment, Metis and other Indigenous
Groups travelled from near and far to
bear witness at the event and to offer
their support to the new President.
Emery Gabriel
David Dennis, Native Youth —
a Chief Art Manuel, Neskonlith
ovement
Stan Stump, Tshilgotin
8 SPRING 1999
UBCIC NEWS
PRESIDENCY
OATH OF OFFICE
I, Chief Stewart Phillip of the Okanagan
Nation, do hereby solemnly swear,
That I shall fully dedicate all my energy and
efforts to protect, defend and never surrender
the Aboriginal Title and Rights of our present
and future generations; and
That I will fully honour the proud, historic
legacy of our ancestors who dedicated their
lives to preserving our sovereign Aboriginal
Title and Rights to our tribal territories, and
That I will fully commit myself to uphold this
Whispering Pines proud, historic legacy by continuing to protect
and defend this sacred birthright of our future
generations; and
That I will dedicate all my efforts to ensure
that this proud legacy shall be passed undi-
minished and unencumbered to our future
generations; and
That I wilfully undertake my obligations and
will faithfully and honorably fulfill my duties
of the office of President of the Union of B.C
Indian Chiefs to which I have been elected and
will make every effort to take every opportu-
nity to advance the interests of our Indigenous
Peoples.
I do so swear on this 10th day of December.
| Chief Moses Louie, 1998. Ken Harris, Institute of
Lower Similkameen Indigenous Government
All my relations.
besos
Newly elected UBCIC President Stewart Phillip signs the Oath of Office
SPRING 1999 9
UBCIC NEWS
UNION OF B.C. INDIAN CHIEFS
SPECIFIC CLAIMS & RESOURCE CENTRE UPDATE
Reasearch Manual Now Available!
Researching the Indian Land Question in BC - An
Introduction to Research Strategies & Archival Research for
Band Researchers is now available at the UBCIC’s Chiefs Mask
Bookstore and at the UBCIC’s head office in Kamloops.
Research department staff spent 18 months putting this
comprehensive reference book together. The final product is a
238-page coil-bound paperback. Complimentary copies were
sent to each band and tribal council in BC. The remainder of
the stock is available for sale, at $20 per copy (plus applicable
taxes, shipping & handling charges). The manual is specifically
tailored to new researchers, but researchers with more
experience will also find it to be useful reading. We anticipate
that this will be a handy reference tool for all Indian
government offices, and all researchers and technicians dealing
with any aspect of the Land Question in British Columbia. If
you have had a chance to check it out, please let us know what
you think! Anyone interested in purchasing a copy of the
manual can contact Chiefs Mask Assistant Bookstore Manager,
Mildred Chartrand, at 1-604-684-0231 or via e-mail at
[email protected]. In Kamloops, the contact is Amold
Peters at 1-250-828-9746 or via e-mail at [email protected].
UBCIC LAUNCHES RESEARCH WEBSITE!
Last November Ist, the UBCIC ‘“‘published’’ its website
(the address is http://www.ubcic.bc.ca). We started working on
it around Labour Day, and so managed to construct and launch
it within the space of eight weeks. In addition to providing
information about the Union of BC Indian Chiefs and its history
and activities, the site also contains useful information about
upcoming events as well as links to other indigenous
organizations. The Research Department and Resource Centre
pages include some useful research databases that you may want
to check out. We developed this website from scratch, using an
inexpensive and pretty straight-forward program called
Frontpage 98, which we recommend to other First Nations
organizations who are considering building websites. Please
check it out & let us know what you think!
UNIQUE RG 10 (DEPT, OF INDIAN AFFAIRS RECORDS
AT THE NATIONAL ARCHIVES OF CANADA)
DATABASE NOW ONLINE!
UBCIC Research is pleased to unveil the RG 10 File &
item Database, a special partnership initiative with the Lifelong
Learning Centre of the Institute of Indigenous Government. In
development for more than a year, it is a researcher-friendly
tool for navigating a particularly complex record group. All
researchers who have occasion to consult Department of Indian
Affairs records will find this to be a welcome and useful
development. The RG /0 File & Item Database can be accessed
on the Internet by visiting UBCIC Research at http://
www.ubcic.be.ca or the Institute of Indigenous Government at
http://www.indigenous.be.ca.
COMING SOON! Proceedings from the UBCIC’s March 1-3,
1999 conference for BC First Nations researchers & technicians
‘Implementing Delgamuuk'w - Legal Implications for
Aboriginal Title Research in BC.”’ Watch for announcements in
this newlsetter!
The Resource Centre staff have plans in the works to put our
library catalog up on the UBCIC website (www.ubcic.bc.ca). We
hope that it will be available in the next month so check the next
Newsletter for an update on this project.
We recently previewed an excellent half-hour video on the
prevention, care, and maintenance of diabetes in First Nation
communities. A discussion guide is included. You can order
‘‘Diabetes: Lifetime Solutions’’ from Gryphon Productions here in
Vancouver by contacting them at FAX (604) 921-7626 or E-mail:
[email protected]. The cost, including GST ifapplicable,
is $172.50. Gryphon has other good videos on health issues for
First Nation communities and they will Fax or mail a list upon
request.
There have been many Band researchers using the Resource
Centre in recent months. The comments that are left behind in our
guest book tell us that they have been very pleased with the
information and help they have received. Some researchers are
here for a day while others have been here for several days. The
UBCIC Research staff provide an in-depth orientation to the
Resource Centre for those researchers using the Centre for the first
time. You can reach us at (604) 602-3433 weekdays to arrange a
time for your visit. If we can’t come to the phone, please leave us
a Message in our voice mail and we will call you back the same day
if possible.
As the snow disappears and the travelling gets easier we
hope that we will see even more researchers. The Resource Centre
staff have worked closely with the UBCIC Research staff to make
important records and finding aids available and we are constantly
improving our collection. Give us a call if you have any questions
about coming to spend some time in the Resource Centre and plan
to put us on your research itinerary.
©
10
SPRING 1999
UBCIC NEWS
PROGRAMME OF UNITED NATIONS
HUMAN RIGHTS MEETINGS*
INDIGENOUS PEOPLES - 1999
13 - 14 February
Prepratory meeting before the Working Group on the
Permanent Forum forindigenous Peoples
World Council of Churches, Geneva
Draft Agenda:
Saturday 13: Regional caucuses from 2:00
p.m. to 5:00 p.m.
Sunday 14: 10:00 a.m. to 5:30 p.m.
Opening Thanksgiving
Selection of Chairpersons
1. Discussion on the strategies to deal
with the Working Group on the
Permanent Forum for Indigenous Peoples
- Presentation by Julian Berger
2. Other Business
15 - 19 February
Working Group on the Permanent Forum
United Nations, Geneva
8 - 10 March
Workshop on the draft principles for the
protection of the heritage of indigenous
peoples United Nations, Geneva
22 March - 30 April
Commission on Human Rights
Agenda item: ‘indigenous issues’
United Nations, Geneva
7-16 April
Board of Trustees of the Voluntary Fund
for Indigenous Populations.
Advisory Group of the Voluntary Fund for
the International Decade
United Nations, Geneva
3-7 May
Seminar on higher education and research
institutes and indigenous peoples
Costa Rica
3 June - December
Indigenous Fellowship Programme
United Nations, Geneva
26 - 30 July
Working Group on Indigenous Populations
United Nations, Geneva
2-27 August
Sub-Commission on Prevention of
Discrimination and Protection of
Minorities
Agenda item: ‘Human Rights of
Indigenous Peoples’
United Nations, Geneva
9 August
International Day of the World Indigenous
People
15 - 17 September
2nd Workshop on indigenous media
Atlanta, USA
18 - 20 October (to be confirmed]
Inter-sessional Meeting of the Advisory [to be confirmed]
Group of the Voluntary Fund for the International Decade
United Nations, Geneva
18 - 29 October (to be confirmed]
Sth inter-sessional Working Group on the Draft Declaration on
the Rights of Indigenous Peoples
United Nations, Geneva
* Subject to changes. Please check with Mr. Julian Berger,
Indigenous Project Team,
tel. +41 22 917 9272; fax: +41 22 917 9010;
email: [email protected]
Source: doCip Update, No. 27,
January/February 1999
SPRING 1999
11
UBCIC NEWS
Volpe Confirms Natives
Worst Fears Regarding
Atlantic Salmon
Hereditary Chiefs Robert
Joseph and Charlie Williams
of the Musgamagw
Tsawataineuk Tribal Council attended a
talk given by University of Victoria
scientist John Volpe in Victoria on
February 22, 1999. Fortoo long,
the Musgamagw Tsawataineuk
Tribal Council has sat back in a diplo-
matic and polite manner and quietly
corrected the statements of the B.C.
Salmon Farmers' Association with
regard to the environmental damage that
farmed salmon produces and the in-
fringement of our Aboriginal Rights and
Title.
The Musgamagw Tsawataineuk
Tribal Council Chiefs and members
have always feared that Atlantics would
spawn in our rivers. Volpe's research
confirms this. What will happen to our
environment should we experience an
ISA (Infectious Salmon Anemia)
outbreak.
The Musgamagw Tsawataineuk
Tribal Council Chiefs and members call
on the Department of Fisheries and
Oceans and the Ministry of Fisheries to
heed the warnings that fishfarms are
indeed a threat to our environment.
The Musgamagw Tsawataineuk
Tribal Council have objected to every
fishfarm that has been imposed on us in
our territories. Uf salmon farms expand
in the Broughton Archipelago without
our input, our new leases are
"grandfathered" and immune to environ-
mental regulations, we will have no
choice but to pursue this injustice in
court.
Contacts:
Robert Joseph
Charlie Williams
Yvon Gesinghaus
(604) 833-5917
(250) 949-1607
(250) 974-5516
News Release
February 22, 1999
CRTC APPROVES CANADA-WIDE DISTRIBUTION OF |
ABORIGINAL PEOPLES TELEVISION NETWORK
OTTAWA-HULL -- Today the Canadian Radio-television and
Telecommunications Commission (CRTC) approved an application by Television
Northern Canada Incorporated (TVNC) to operate the Aboriginal Peoples
Television Network (APTN). Effective September Ist, 1999, APTN will be
distributed nationally.
Today’s decision follows a public hearing held last November, following
the Third National TV Network report rendered in February 1998. The
Commission believes that the nation-wide distribution of APTN meets the
objectives of the Broadcasting Act and is in the public interest. The Commission is
convinced that all Canadians should have access to a national aboriginal
television service which will offer programming with a high level of Canadian
content that reflects the culture, history and concerns of Aboriginal peoples.
Through this programming, APTN will provide social benefits by helping to
preserve the cultural identity of Aboriginal peoples and offering a cultural bridge
between Aboriginal and non-Aboriginal communities. APTN is to be distributed
as part of the basic service packages offered by large and mid-size cable companies
(i.e. those with more than 2,000 subscribers), Direct-to-Home (DTH) satellite
broadcasting systems as well as Multipoint Distribution Systems (MDS) effective
September Ist, 1999. APTN is also authorized to charge a maximum monthly fee
of 15 cents per subscriber.
Under the terms of its licence, APTN will broadcast 120 hours of
programming each week in English, French and up to 15 different Aboriginal
languages.
Programming will be targeted to a variety of age groups and interests. It
will include children=92s shows, educational programming, cultural and current
affairs, drama, music, comedy, documentary features, discussion programs,
political coverage, and special events, as well as programming about indigenous
people around the world. APTN wiil also devote 90% or more of both the
broadcast week and the evening broadcast period to Canadian programs.
Reference documents: Decision CRTC 99-42
Public Notice CRTC 1999-31
Public Notice CRTC 1998-8=20
- 30 -
General Inquiries:
Ottawa, Ontario K1A ON2
Tel: (819) 997-0313, TDD (819) 994-0423, Fax: (819) 994-0218
Toll-free # 1-877-249-CRTC (2782), eMail: [email protected]
Media Relations:
Denis Carmel, Tel: (819) 997-9403, Fax: (819) 997-4245
eMail: denis.carmel@crtc. gc.ca=20
Copies of today’s documents are available through our Internet site (http://
www.crtc.gc.ca) or by contacting the public examination room of any CRTC
office. These documents are available in alternative format upon request.
12
SPRING 1999
UBCIC NEWS
Gukwdzi Opening Ceremenies Set for
May 28 & 29, 1999
n the early morning of August
29, 1997 Alert Bay awoke to the
news that their Big House was
on fire. Many people came from their
homes to observe the devastating scene
taking place. Ravaging flames engulfed
the Big House while many in the com-
munity looked on in shock and disbelief.
The volunteer fire department fought the
blaze with great skill and courage, while
onlookers watched helplessly wiping the
tears from their eyes. The world’s tallest
totem pole, which stood next to the Big
House stood unharmed and alone next to
an empty lot.
While speculating how it could
have happened, word spread that it was
not an accident, many wondered who
could have done this, who would deliber-
ately set fire to our Big House. The
RCMP investigated and a suspect is now
in jail and awaiting trial.
ORIPSO NATIONS Cad) Wiihtocnicel
Act” (Continued from page 7)
While measures contained in the Land
Management Act usually have the
impact of angering many Indigenous
Peoples who feel that the federal
government is devolving their fiduciary
duties on reserve lands without making
any real or substantial changes which
would put Indigenous Peoples in a
position to be able to recapture these
fidiciary duties. This was the same
process that Canada attempted to use in
amending the Indian Act several years
ago: because they knew that all Indian
peoples would not accept the changes
they tried to pass ‘‘opt-in’’ legislation.
Since that fateful day many are
trying to overcome the tremendous loss
that community shares. While that
emptiness remains in their hearts, the
healing must begin.
The community has united, and
shares a common goal, to rebuild the Big
House, A Big House Committee was
formed and the fund-raising began. Here
is an update on the progress of the
Gukwdzi from Andrea Sanborn, Project
Coordinator for U'mista Cultural Society.
By last Fall we were still waiting
for logs for the main beams. We are very
pleased to report the logs have finally
been found. We are now working on the
first one and the other one will soon
follow. Once the artists are finished with
the main beams there is still a lot of
work to be done.
Engineer specs have to be con-
firmed, faster holes have to be drilled,
rafter brackets have to be fastened and
then they can move to the Big House
sight for positioning. We should be
ready to call for the crane to lift the
beams into place on the houseposts and
lintel beams. The artists will then be
able to attach the wings and horns on the
houseposts and do some final touchups.
Finally we will be ready to put the
roof on and finish the interior, Waiting
for the main beams has been a long and
painful process. Again we cannot the
Canfor crew enough for all their help in
getting not only the main beams for us
but all of the other logs we needed for
the whole project. It would have been an
almost impossible project without their
help and the use of their equipment.
The milling crew has now
finished their part of the Big House
project having milled all they could.
Every tradesman coming into contact
with the Big House project are in awe
and are very envious of the beautiful
lumber used to build our Big House. All
the lumber is cut from the finest cedar
and to full size and there isn't a seam to
be found in any vertical board. We owe
a big thank you to Stevie Beans for
providing his sawmill to mill all the
lumber. The construction crew continues
to take great pride in placing every board
as best they can.
Once the Construction crew is
finished putting the exterior siding on
the front of the Big House then the artists
can begin painting the design, weather
permitting.
Barb Cramner is filming the
progress of the Big House for her
documentary. John Svanvik who is
working with Barb making sure they
cover as much as possible. We all look
forward to seeing another great and
award winning documentary.
Our grand opening ceremony is
scheduled for May 28th and 29th, 1999.
It is time to get serious about the grand
opening ceremonies for our Gukwdzi
that will be exciting to witness.
A fund-raiser is being planned by
the Squamish First Nation to be held
March 27, 1999 at the Squamish Recrea-
tion Centre in North Vancouver. Con-
tact Chuck Sam at 618-8000.
For more information about the
opening ceremonies contact Andrea
Sanborn at (250) 974-5403.
SPRING 1999
13
UBCIC NEWS
Presentation by Gabe Bartleman to the 28th Annual General Assembly
~ Our Elders Speak, Saanich, B.C.
Gabe Bartleman (Saanich): I have a great interest in those
young fellows that were talking here. Those kinds of people need
a lot of encouragement from people like ourselves. We need to
encourage these young people
because often when we are gone,
what are they going to be doing?
This was a concern of the
people that I seen and there is a big
family of interest when we talk about
those kinds of things. So many of
our own people are worried about
their young people. They are going
to be leaving. I honestly think I was
called in by a cousin who was going
to be leaving her two girls soon.
When we finished dinner she
began to cry and said, ‘‘Uncle, I
want to ask you to look after my two
girls when J am gone.’’ That
reminded me about what I heard
years before that. So we do have a
concem about the young ones and
what are they going to be doing
when we leave? Especially now
knowing ourconcerns is their future
and its becoming more dangerous
every year.
Where and when are we ever
going to learn how so support each
others needs? We talk about each
others concerns and these were huge
family concerns. Now when J look
at our situation today, how long
have we been going place to place
meeting,and trying to figure
something out, that were going to be
putting in the way of what is
happening to us.
Myself in looking at the
headway we are making there is just
no hope. I don’t have a hope in hell.
We have forgotten each other and
don’t visit each other anymore.
Some of my nieces and nephews
have children that I don’t evenknow, Atone time that was the first
thing they taught their children - this is your Uncle, your brother.
So when you were growing up you knew who your relatives were.
Many of the young people were taken away to school when
I was school age. Somehow or another I escaped that and I didn’t
have to go to boarding school so I stayed home. Very often old
ladies would make me sit down and they would ask me, ‘‘Do you
know who your are?’’ Fora long time was ashamed to answer that
because I didn’t know the answer.
More and more I see the need for that now. We don’t even
know who we are. We have forgotten and don’t care for each other
anymore. Here the system is
knocking on the back door
already. Because we are not
familiar with our near relatives
we don’t know what to say. Are
Pm vi ié ett os
we going to approach them at the
last minute and say, ““They are
here already.”’ We need to make
GABRIEL [SAAC BARTLEMAN
SEPTEMBER 14, 1913 TO MARCH 3, 1999
our children aware of what is
happening to them.
As an uncle and grandfather to many in the Saanich I would like to giveall you
community, Gabe Bartleman will be greatly missed. Gabe people credit for discouraging the
Department of Indian Affairs.
More and more your going to
have to start planning for
yourselves. You become the
ageressive person now and get
out there and tell them what you
want for our young people. It’s
our turn to start planning for our
future. When you look around
you see the municipalities
took his role as elder very seriously and was an advocate of
teaching the traditional values of our people. This included
the teaching of our language. He spoke of our ancestors and
encouraged us to continue with strong family ties. He came
from a large family, the son of Isaac and Martha, siblings
(including deceased) Irene, Laura, Vincent, Beatrice, Mary,
Percilla, Peter, Alice, Ralph, Josephine, and David.
Gabe joins his loving wife of 63 years, Evelyn, his
beloved daughter, Rilla, and his precious son, Peter. He will
be greatly missed by not only his surviving siblings Laura, planning for their future. é
Alice, Beatrice, Josephine, and Ralph, but also his son-in-law, bs got aa and a tcare
o plan for ourselves any longer.
tt ieee : i
Willard Modeste, daughters a a Per sal Gj Hie ie eenot net to be.
granddaughters Cheryl (Geoff Warmenhoven), Sydney, These are the kinds of thoughts
Courtney, and great-grandson, Joshua. Gabe returned home to
Tsartlip in 1974. The home which he and Evelyn built could
not have been possible without the countless hours of help by
his nephews and nieces. As a result, Uncle Gabe and Aunty
Evelyn's house holds numerous memories of wonderful times
that go through my mind. When
I was young I wished for many
things. Somewhere along the
line I made up my mind that I was
going to do what I wished for and
gone by. I got to do just those things. If
His contribution tojsogial, political apdienvighiuaepialie |(NES see eos Denne ona Today
ohil be @eulin ieee Onn cat 4 : 1 am proud of myself.
Sure greatly mz y the native and non-native Tentnedthatihroiieh har
community. Gabe fought for the community he loved and for
the future generations to come. The loss by our elder leaves a
void felt by all.
ork, The reason J am saying I
got this through hard work is
young people don’t care to work.
I worked hard to get myself to
here I wanted to see myself one
day. I never seen the inside of any school and never had a days
education. But I have to give some of that credit to an older sister.
When she came back from the boarding school in the Summer time
I went to school for a short while.
Then I married a very fine young lady and she helped metoo.
I read good enough for myself and a I am a very poor writer but I
ie lie ss Mie lines: ll eel ee ee
SCE DPE CEC RERAEED FES SCUERAELEUPED ES CATE CCE CE UI Pt]
14
SPRING 1999
UBCIC NEWS
a as ee 7
As Ph Pe ee ee ee TUCO EOE Pate | fire ary
got myself some important jobs because I wanted to get there. There
is a reason why I am talking about these kinds of things. If there
is something you want bad enough you will get there.
I became a great foreman building roads and dams because
I learned how to read surveyors tapes. I was proud of myself and
I have never ever got fired from the lack of knowledge that was
needed. The reason why I am talking about these things is
encouragement for the young people. I would like to see them get
out and find out what it was like for our people that lived for them.
Maybe it was a lot of hard work trying to make a living. I
am so sure these people, when they went to bed at night, knew darn
well they never owed anybody anything. They never took money
for nothing. Do things to feed your soul and you feel good about
that. That is the kind of thing I think about often. We have
everything.
There is no reason why the students leaving this school
shouldn’t be able to get a job somewhere. We have to become part
of this economy somehow or another. It was a different economy
when I was young. If we wanted to dig clams on the beach we had
to go the bush first and get some pitch to make the fire for light so
we could see the clams we dug out of the sand. There were many
people up there looking for pitchy wood.
Those are the kinds of things I seen and I know the people
felt good about themselves. It was common to hear someone
walking on the road humming and singing to himself because it felt
good. It was common to drop in foracupoftea. Nowadays you have
to have an appointment to go visit or have to be invited for a cup
of coffee.
That is some of my concerns. We have somehow or other
separated ourselves. Some of you people can write on a piece of
paper and say, ‘“We do support these people for what they believe
in.’’ Wecan’t go one by one asking the government for something
but have go as a force of native people in British Columbia. The
government has us figured out, “‘One by one we'll knock them
off.”’ That is what’s happening. One by one we will buy them off
and that is what’s happening in some places.
We have to put a little bit more of our lives into a spiritual
light. Where there is some kind of honesty so we can look at our
relatives in the eye to sit down and talk to them and not feel guilty
about something that was done. This is what we should hear from
our parents. Its our job and we are the teachers, If were old enough
to have children then we should know enough toteach them the way
of life. When something goes wrong, do you know who the blame
is? That’s the kind of things we should be looking at.
Many years ago if our people done something wrong they
didn’t have to go before a white man, who they did not know, and
he would sentence them. There was no blood relation there at all
and just said, “You go in for ten days," or whatever that might be.
Those were harsh punishments. The difference between that
punishment and the punishment that was handed down by the old
people was so much different. You sat with your relatives and they
spoke to you and told you what was right and wrong.
That was the education that was offered to our people in
those days and they became good people and learned how to live
together. Now we all got homes of our own and we can’t even face
each other. Pick up an old tire and throw it over the fence into
someone else’s yard. That’s the thoughts we have for each other
today.
When I look at what were producing out of the schools
myself I don’t see anything in it. Education might teach you how
to read and write but it also teaches you how to cheat each other.
Some of the smart people are rich. Why? They don’t live in one
place and they have done themselves so much harm in one place
they will sell their home and move. I guess that is what I see out
of it.
We have to offer just a little bit more of the native philosophy
in our schools. We have to be allowed to have some input and start
writing our own philosophy in regards to that kindness I am talking
about.
In some of the jobs I have been on there were all kinds of
men, some good and some were bad. You sit down and listen to
what’s happening. I heard one fellow said, “‘Most of the fellows
where I was in jail were crooks - they are lawyers.”’ It was
interesting to me to know that pencil can draw a trail to jail, and
that is what I used to think when I heard these kinds of things.
J was born in 1913 and have a good memory and I hope to
keep it fora while. We talk about behavior when we get to this part
of our life because were worried about the young people because we
love them. Nowadays when you talk to someone else’s children you
probably get a message to lay off of my children which is not very
neighborly.
If you weren’t interested in your future then you
wouldn’t be here but you need a lot of help to get there and you
need each other. We must not forget that one day we will be
needing the help for those people in Penticton. We should show
somewhere along the line that we support what they are doing
and believe in. We don’t have to tell them what to do and don’t
have to put any blockades.
God Looked Around
God looked around his garden
and found an empty tpace:
He then looked down upon thu earté
Ar ae Your rer eof face
Jie pul has army around you
And lifted you le rei;
God: garden muit be beautiful,
ie anfy takes the best
he fiw fa! you were iMyfferwig.
Ne fnew you were in pain
Me fnew you mighi never
Gel well upen (Au earth again
‘ie haw [he read was pciling Fea
And the Adis were Aard to clump,
Ww! He cloted your weary eyeluds
tnd whiipered, “Peace be thine’
it broke owr hearts te (ove werd,
Bul you never wen! aione,
for part of wi wen! wilh you
The day Gad called you home
SPRING 1999
1S
‘UBCIC NEWS
Union of B.C. Indian Chiefs
Press Release
Baby Ishmael Case
March 12, 1999, Vancouver, B.C. - Chief Stewart
Phillip, President of the Union of B.C. Indian Chiefs
offered these comments in response to the Baby Ishmael
case. :
“*It’s a racist decision, plain and simple”’ said Chief
Stewart Phillip of the Supreme Court’s recent ruling
in the Baby Ishmael case, ‘“‘Hopefully, if this
case is re-heard they will have the courage and integrity
to do what is right, and to do what is just.”’
““The adoptive grandparents might have matenal
wealth, but that means very little compared to the
future social and cultural well-being of this child. The
Court cannot continue to hide behind sterile colonial
laws to justify tearing Indigenous children away from
their cultures and heritage. Obviously, it is in Baby
Ishmael’s best interests to remain with the Indigenous
family who loves him, who cares for him, the only
family that can teach him about his culture and
heritage.”’
“*Children have suffered long enough on the social
policy battlegrounds between Colonial-minded
Canadian governments and Indigenous peoples.
Canada makes laws to take our children away, because
taking away our children takes away our future.
Hundreds of thousands of Indigenous families have
been ripped apart when their children were stolen from
them. It is genocide to steal children. The Court can
stop the genocide by leaving Baby Ishmael with
his Indigenous grandparents. I just hope they have the
courage to value the love of Indigenous people over the
money of others.”’
290 ¢
Contact: Chief Stewart Phillip (604) 684-0231
Manitoba's New Democrats
SUPREME CourRT DECISION MAJOR
STEP BACKWARDS For First
NATIONS CHILDREN
NDP MLA Eric Robinson, Grand Chiefs Francis Flett
and Bill Traverse say the recent Supreme Court decision
awarding custody of a First Nations child from Manitoba to a
couple living in Connecticut should be overturned. Quite
simply this decision reverses attempts over the past 15 years to
end such practices. Given the importance of the principle they
have called for the Premier and the Federal government to
support the family and oppose the opposition.
In 1983, the Kimmelman Report recommended the
ending of adoptions of Aboriginal and First Nation children out
of province and out of the country. It is a return to the ethics of
the sixties scoop during which more than three thousand
children were taken from homes on reserves and placed for
adoption in mostly white middle class homes often in the
United States.
The sixties scoop was a massive failure on a personal
level and a family level. It was also an outrageous example of
paternalism and effectively a form of genocide. The percentage
of such children who experienced a cultural identity crisis as
they grew up was extremely high as were the number of cases of
abuse and neglect.
The long term effects of the sixties scoop are being felt in
every community as parents and children deal with lost relatives
and ensuing social problems. For the Supreme Court of Canada
to say an Aboriginal child is better off in a home in the United
States largely because of an economic standard of life is a
terrible position that we must not allow to be used as a model.
A 1995 study of 100 Manitoba Aboriginal children who
were adopted in Pennsylvania found that half had experienced
identity problems and a third had lost all touch with their
adoptive parents.
The Supreme Court decision is not just disturbing
because of the principle, it is disturbing on a personal basis.
Having spoken to relatives of the child involved we find it
difficult to understand the basis which is economics. We have
offered to assist the family in their efforts to appeal this decision
in any way that we can. The grandfather is a band member of
Sakeeng First Nation. The family has hired a lawyer to investi-
gate requesting a rehearing of the court decision under rule 51
of the rules of the Supreme Court of Canada. It is our view that
both levels of government speak out on the case and the princi-
ple of custody.
-30-
16
SPRING 1999
UBCIC NEWS
= Notices
BUSINESS PLAN WRITING FOR
First Nations_F.NTREPRFNFURS
ALL CERTIFICATES OF INDIAN STATUS,
WHICH DO NOT DISPLAY AN EXPIRY DATE,
MUST BE RENEWED BEFORE
JANUARY 1, 2000
It is very important that all registered Indians visit their
band office or the BC Regional office of the department of
Indian Affairs and Northern Development to renew their
Certificate of Indian Status card if their status card does not
contain an expiry date. All previous versions of the status card
will only be valid until January 1, 2000.
The purpose of issuing Certificate of Indian Status cards
is to verify that the cardholder is a registered Indian. Status
cards are only useful if the photographs are current. It has
come to our attention that some registered Indians have been
denied services because some service providers have questioned
whether their status cards are still valid.
To remedy this situation, it has been decided that all
status cards issued to individuals under the age of eighteen will
have an expiry date of two (2) years and all status cards issued
to individuals over the age of eighteen will have an expiry date
of five (5) years from the date of issue.
This policy is effective immediately.
It should be noted that the five year expiry date does not
mean that the cardholder ceases to be a registered Indian at the
end of the five-year period. It only means that if the cardholder
intends to use the status card to obtain certain services and
benefits, it must be renewed every five years.
Should you have any questions or concerns, please
contact your Band office.
NEXT UBCIC NEWSLETTER
DEADLINE
April 15, 1999
Ifyou have information that you would like to see in the next
edition of the UBCIC NEWSLETTER, please fax to the atten-
tion of UBCIC NEWSLETTER at (604) 684-5726 or email to:
[email protected]
SPRING 1999
VISIONS First NATIONS
PLANNING GROUP
Visions First Nations Planning Group is a consulting team that
through the sponsorship of Tale'awtxw Aboriginal Capital
Corporation (TACC) is able to offer First Nations Business
Advisory Support to the communities within the TACC trading
area at NO COST to the First Nations individual seeking
financing for small business.
TACC is available to provide Aboriginal entrepreneurs a source
of loan capital for the establishment of viable businesses.
TACC assists small businesses in ways that exceed the tradi-
tional financing role, by supporting and promoting the creation
and development of First Nations businesses.
Writing a business plan, assessing viability, and preparing the
financials are a daunting task to even the most experienced
business person. Visions offers approved First Nation persons
business advisory services to write and prepare a business plan
if they are seeking financing from a small business.
Visions Consultants provide practical business counselling and
planning support by helping an entrepreneur to address a broad
range of management concerns which can have an important
impact on their success. Visions develops a work plan that
identifies the types of support required, and the time needed to
deliver support. The maximum amount of time available for
each client is 25 hours, however clients can opt to write their
business plan in a workshop arrangement, with a minimum of
five clients. With this limited amount of time the mentor's role
is to assist and advise in the clients development of the plan and
financial projections.
If you have several persons wishing to undertake a business
plan writing workshop please register their names and avail-
ability dates with Visions.
For more information contact Laara Carden,
Visions First Nations Planning Group
Phone: (604) 913-0321 Fax: (604) 913-0322
Visit the Union of B.C. Indian
Chiefs Website:
httn:/Aawwunaw whcic he.ca
17
“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 tothe present, the Indian Nations in British Columbia have never surrendered their ownership of their homelands
(aboriginal tide), 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
18 SPRING 1999
UBCIC NEWS
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Part of U.B.C.I.C. News (Spring 1999)