A TURTLE ISLAND NATIVE NETWORK
SPECIAL REPORT
BRITISH COLUMBIA'S FRAGILE
TREATY PROCESS!
(CLICK HERE FOR UPDATED MATERIAL)
Visit Turtle Island's
Treaties, Land Rights and Governance Links
UPDATED November 30, 1999
Gitanyow Call it an Insult. Treaty Offer Just Leftovers!
Gitanyow Offered Settlement Package
Details of the Gitanyow Offer
Ludelimst'im' n'isim'
Gitanyow Hereditary Chiefs
UPDATED November 22, 1999
Assembly of First Nations Calls for Talks
to Implement & Reinforce Treaty Rights
BC First Nations Summit Critical
of Nisga'a Treaty Hearings
Treaty--Deadend Road to Misery--Fraser Institute
UPDATED November 19,1999
More Protestors at Nisga'a Treaty Hearings
UPDATED:November 17, 1999
Public hearings are being held in British Columbia on the Nisga'a Treaty. Critics say the hearings are a sham because key opponents haven't been able to speak out and that no matter what is said, the Chretien government intends to pass the Treaty. A Liberal MP confirmed this week that the Treaty will not be changed, despite feedback from the hearings. The treaty has pitted some first nations against each other because of overlap issues.
Gitanyow Call Nisga'a Treaty An Act of Agression
Nisga'a
Treaty
Ludelimst'im' n'isim'
Gitanyow Hereditary Chiefs
UPDATED:November 15th, 1999
Road Show Begins
First Stop--Terrace
The federal standing committee on aboriginal affairs starts hearings on the Nisga'a treaty in BC today. It will hear submissions between 9:30 and 11:45 in the morning and between 2:00 and 4:30 in the afternoon at the Best Western Terrace Inn.On Tuesday it will keep the same hours at the Indian Friendship Centre,in Smithers.
Among the 60 witnesses invited to the five BC hearings are constitutional experts and other academics,economists, representatives of business, labour and First Nations, and people with interests if forestry and fisheries. The mayors of Terrace and Prince Rupert and the chair of the Kitimat-Stikine Regional District are among those invited from the Northwest.Also representatives of the Gitxsan and Gitanyow First Nations and a Kincolith resident,who is critical of the Nisga'a treaty is invited.
November 13th,1999
Strange Bedfellows!
Union of BC Indian Chiefs President Stewart Phillip finds himself in a strange place --- former right wing BC Premier Bill Vander Zalm who is championing Reform politics, agrees with him. This strange bedfellows scenario has surfaced because of the process established by Canada for hearings on the Nisga'a Treaty.
The Nisga'a leaders figure there's been enough debate in British Columbia over their modern-day treaty. After all, there was a record-long debate in the BC legislature. But starting next week a parliamentary committee begins its road show on the treaty in BC where there's a growing chorus of opposition to the way the hearings have been created.
Union of BC Indian Chiefs President Stewart Phillip says his group tried to participate but have been ignored. Now former BC Premier Bill Vander Zalm has launched a campaign to protest the process.He wants British Columbians to rise up against the federal government's approach to the Nisga'a Treaty.He calls parliament's Standing Committee hearings cynical window dressing.
November 8th, 1999
The Union of B.C. Indian Chiefs has unanimously confirmed the continued rejection of the B.C. Treaty Commission Process, and also unanimously endorsed the protection, enforcement,defense and implementation of Aboriginal title and rights presently underway and confirmed more Aboriginal title implementation activities will take place.
(NOTE FROM THE EDITOR: The treaty world in BC has several flavours. There's the well known and controversial Nisga'a Treaty now making its way through the Canadian Parliament. The Nisga'a treaty negotiation process began long before and was separate from, the current BC Treaty Process. However, the provincial and federal governments would like to think it is a template for other deals they're trying to strike with BC First Nations in the fragile process referenced in this special report section of Turtle Island Native Network. Also, while we generally hear it said BC's troubles today stem from a lack of treaty-making by our ancestors, in fact there are the Douglas Treaties. They are terse but still, they exist. Fourteen of them, mostly on Vancouver Island. And of course there are those First Nations, a growing number by the way, who believe there's no need for treaties because it's still Indian Land, affirmed by Canada's own courts, especially the Delgamuukw, Supreme Court of Canada decision.)
PRESS RELEASE
Assembly Endorses Actions Exercising Aboriginal Title & Combatting Racism
(Vancouver, Coast Salish Territory/November 8, 1999) The Union of B.C. Indian Chiefs held their 31st Annual General Assembly last week in Kelowna. During the meeting, the delegates unanimously endorsed the protection, enforcement, defense and implementation of Aboriginal title and rights presently underway and confirmed more Aboriginal title implementation activities will take place. The delegates also agreed to vigorously combat the emerging racism against Aboriginal peoples, and their title and rights, currently being orchestrated by the B.C. provincial Liberal Party and the federal Reform Party.
Some of the highlights of the UBCIC Assembly are as follows:
• A Review of Aboriginal Economic Rights.
• A Review of the 1986 Federal Comprehensive Claims Policy; Continued Rejection of the B.C. Treaty Commission Process; and Update on Assembly of First Nation (AFN Resolution #5/99) Legal Action Against the Government of Canada, regarding the Implementation of the Delgamuukw Decision.
• An Update on Legal Defense of Aboriginal Title Timber Harvest Operations.
• A Review of the "Overlap" of Indian lands in Land Claim Agreements; and Support for the Gitanyow/Gitxsan.
• Support for the Release of Political Prisoner; Leonard Peltier.
• Condolences to Family and Community of Ronald "Lasagna" Cross.
• Commitment to Exercise Aboriginal Border Crossing Rights at Organized Events.
As a first step in combatting racism against Aboriginal peoples, the UBCIC Assembly also unanimously passed a Resolution (see attached) demanding the resignation of Kamloops-North Thompson MLA, Kevin Krueger, and/or his expulsion from the Liberal Caucus, for making racist comments on television last week.
FOR MORE INFORMATION CONTACT:
Chief Stewart Phillip
Office: (604) 684-0231 or Cell: (250) 490-5314
Penticton Indian Band
President, Union of B.C. Indian Chiefs
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Nisga'a
Treaty
Ludelimst'im' n'isim'
Gitanyow Hereditary Chiefs
-----------------------------------------
NEWS AND COMMENT
by Tehaliwaskénhas - Bob Kennedy
NOVEMBER 4, 1999
"I'm doing what my grandfather taught me to do here."
.............................Jack Planes, T'So-uke Nation
Treaty Showdown on Vancouver Island!
Sockeye, the Chief's faithful dog was there, perhaps hoping for something to eat that resembled his name. Brilliant sunshine filled the fall sky, and there was the feel of something rather bizarre, but of historic significance in the air.
The T'Sou-ke Nation asserted its Treaty rights today by selling crabs to a non-Indian resident of the neighbering town of Sooke. "It's a good day to get arrested", said Chief James Cooper, watching with a smile, as the 'arranged' affair unfolded on the First Nation's dock where the harbour meets the mouth of the Sooke River. Chief Cooper was there to witness his people exercising their rights under their Douglas Treaty, signed in 1850.
Asserting their treaty rights for sure, but it definitely was as cordial as this type of event can be, under the scrutiny of the print and electronic media. Department of Fisheries and Oceans officers were also there --- invited by the First Nation to watch as councillor Jacques(Jack)Planes arrived by traditional carved canoe --- the Elder Spirit, and in front of several fisheries officers deliberately sold crabs to John Haynes, one of the Indian Band's local supporters. As he was approached by Fisheries Officer Stefan Beckmann, Planes told him with great pride wrapped around his words, "I'm doing what my grandfather taught me to do here."
They seized the crabs and money as evidence, asked for identification, wrote down names, and once they got all the proper documentation they needed to lay charges,basically said "You'll be hearing from us". Fishery Officer Beckmann tried to get Planes to make a statement, but he refused, saying "I'm not interested in making any statement without advice from my lawyer".
They will lay charges against Planes and the man who bought the crabs, Haynes. That's precisely what the First Nation wants --- to get their day in court to have their treaty rights affirmed, the same way the Mi'kmaq did in the Marshall case. "We are pre-confederation Treaty Indians, Douglas Treaty Indians", explained T'So-uke Nation treaty negotiator, Andy Planes. He reminds us that their people have always caught fish and sold it and they intend to do it again, to build an economy for their community.
Regarding the issue of conservation and non-aboriginal skeptics,they can rest assured, "Us Coast Salish people have always practiced conservation, and we will bring in higher regulations than DFO", Planes promised.
Since the Supreme Court of Canada's Marshall decision in favour of the Mi'kmaq on the east coast, Vancouver Island First Nations have taken the ruling as a powerful signal their own treaty rights are affirmed. Although BC has a modern-day treaty process, in which the T'Sou-ke Nation participates, there already are fourteen Douglas Treaties in the province, the majority on Vancouver Island.
The Nations are going to begin asserting their fishing rights under those Douglas Treaties, especially since the BC Treaty Process is not producing results fast enough.
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(As previously reported by Turtle Island Native Network)
In their latest strategy to get the BC government to negotiate in good faith, some British Columbia First Nations have taken their aboriginal rights fight to the United Nations. A delegation from the Okanagan Nation Alliance, including councilor Chad Paul of the Westbank First Nation went to New York this week to launch a -Boycott BC Lumber- campaign. Westbank First Nation representatives say the delegation received a warm welcome at the UN in New York and they also plan to take their messages to Washington, DC.
Their strategy calls for a boycott of all lumber cut on their traditional territories. If logs do not carry a First Nations stamp then they are not to be purchased. Taking their message outside of Canada is all part of the Turn up the Heat strategy. In fact, that's the basic strategy coming out of the Union of BC Indian Chiefs assembly in Kelowna.
Westbank First Nation Chief Ron Derrickson says the focus is on aboriginal title. The plan including the lumber boycott, is to turn up the heat to a point where the province and the federal government have no choice but to recognize that the Delgamuukw Supreme Court of Canada decision means something.
Speaking of strategies, next week the Assembly of First Nations hosts a Strategic Working Session in Vancouver to focus on Aboriginal title and rights, and to help First Nations to assert and exercise those rights, using the law to do it.
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NOTE FROM THE EDITOR: The Assembly of First Nations has acknowledged the need for more legal and political action to enforce Aboriginal title and rights. This month it hosts a Strategy Working Session for First Nation chiefs to find the best ways to use the law to assert Aboriginal title and rights.
{BC Government Plan to deal with the treaty crisis through New Treaty Measures}
As Updated November 3rd, 1999
Word out of the Union of BC Indian Chiefs gathering in Kelowna is that the simple strategy they're going to follow is, Turn Up The Heat! Westbank First Nation Chief Ron Derrickson says the focus is on aboriginal title. Derrickson who has some members in New York this week to launch a BC lumber boycott, says at the UBCIC assembly they're talking about turning up the heat and turn it up to a point where the province and the federal government have no choice but to recognize that the Delgamuukw Supreme Court of Canada decision means something.
In addition, Chief Stewart Phillip intends to continue to pursue the strategy of encouraging and supporting First Nations who start actions in their traditional territories --- catching fish and cutting trees on crown land without provincial or federal permission. Phillip, the President of the UBCIC, says First Nations need to create economic prosperity for their community members and they can't do it within the small Indian Reserves and must look to their traditional territories. The Supreme Court of Canada ruled aboriginal people have rights and that governments should be negotiating with them to resolve grievances. Frustration mounting, Ron Derrickson lashed out at an Indian Affiars official who said treaty negotiations is the only way. Derrickson fired back at Mike Sakamoto that the government doesn't get it.The treaty process is dead and that he should tell the Minister to get off his ass and listen to what natives are saying. He said the treaty process is dead and should be buried and replaced by a new process.
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(As previously reported by Turtle Island Native Network
Nov. 2, 1999)
There's electricity in the air in Indian Country. You can feel it in the flow of words from last week's historic Special Assembly of BC's First Nations Summit. Stay tuned for more! The Union of BC Indian Chiefs' annual assembly gets underway in Kelowna today.
There's tension in treaty-land and it's evident in the halls of bureaucracy, in the efforts of federal and provincial government officials to try to salvage a BC Treaty Process that is starting to unravel.
The writing is on the wall. A wall, made of trees, fish and land, future generations of the nations, court decisions, frustration, history. It is a big wall and you don't need glasses to read the writing, "Treaty Process ---Fragile. Handle With Care!".
Union of BC Indian Chiefs President Stewart Phillip has seen it. Today he and the others who do not participate in the treaty process will pick up where the First Nations Summit left off last Friday. They will be discussing what they see as a remarkable shift in the operating principles of the Summit.
One Summit resolution gives support to the Haida Nation lawsuit to prove ownership of Haida Gwaii--The Queen Charlotte Islands. Another reaffirms support for the action of the Westbank Indian Band that began cutting trees on its traditional territory---thumbing its nose at BC Forests Minister David Zirnhelt and his so-called crown land licensing system.
In an interview with Turtle Island Native Network, Chehalis Chief Alex Paul perhaps reflecting the thoughts of many delegates, remains curious about recent developments in the treaty landscape, "Is it an opportunity to see if the two groups might now be able to work together." Chief Paul was among the many who were very interested in last week's Special Assembly on Squamish land in North Vancouver. He calls the decisions there, "Astonishing".
That's in reference to a Summit resolution that supports First Nations who decide to participate in direct action --- not your basic average negotiating language, for sure. Members of the Union of BC Indian Chiefs recognize the powerful shift at the Summit and wonder, "Are they turning toward our principles?".
Chief Stewart Phillip, of the Penticton Indian Band, 
Joan Phillip, Councillor, Penticton Indian Band. BC Minister's Speech to
First Nations Summit October 29th, 1999
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BAD FAITH
As Previously Reported by Turtle Island Native Network--------
A proposal by the federal government for change, to breathe new life into the BC Treaty Process was tied to the Special First Nations Summit Assembly that was held for two days this past week at the Squamish Nation.
First Nations were fed up with waiting for progress. They were frustrated that governments were paying little heed to the Supreme Court of Canada and its historic findings in favour of Aboriginal people.
In light of that backdrop, the BC First Nations Summit decided to throw its support behind the Haida Nation and its lawsuit to prove ownership of Haida Gwaii--the Queen Charlotte Islands. The Haida will file their suit in the BC Supreme Court. This court case will help clarify the December 1997 Supreme Court of Canada Delgamuukw decision . In that case the courts ruled aboriginal title and rights exist, but didn't specify where aboriginal title exists and urged First Nations and governments to settle that through negotiations.The Summit members pledged to help raise funds for the Haida legal battle.
The summit also passed a resolution that all First Nations will immediately make compensation and interim measures the two key issues for negotiations."The governments of Canada and B.C. have continued their attempts to force First Nations into giving up existing aboriginal rights as a precondition to negotiations," said summit executive chief Joe Mathias. "This is unacceptable."First Nations in B.C. will do everything in their power to protect their existing aboriginal rights," he said.
Meanwhile, the Summit reaffirmed support for the Westbank First Nation in its fight to assert aboriginal title over its lands and resources in the Okanagan. Also, at the special assembly of the First Nations Summit, leaders called on the federal and provincial governments to deal honourably in treaty negotiations.First Nations in the treaty process have come to a cross roads because of governments' lack of good faith and honour in the treaty negotiations process, said Grand Chief Edward John,a member of the Summit's Executive.
The governments continue to come to the treaty negotiation table with unilateral preconditions that are clearly unacceptable to First Nations as it flies in the face of the principles of good faith negotiations', added Chief John. Of interest is the background information on governments' attempts to save the process. Here's the BC News Release
(As previously reported by Turtle Island Native Network)
The British Columbia Treaty process is at a crossroads, with First Nations weighing their options ---to either suspend negotiations or perhaps even engage in direct action to get their needs met.
This week it all comes to a boil because there has been a lack of progress at treaty negotiation tables. BC First Nations' attempts to negotiate in good faith have been stifled by barriers erected by both levels of non-aboriginal governments. According to First Nations' negotiators, the federal and provincial governments have refused to negotiate susbtantive issues.
These include --- refusal to negotiate compensation --- use of a formula-based model to establish the financial and land components, the so-called cookie-cutter or template approach --- failure, with few exceptions, to enter into interim measures agreements --- insistence that lands after treaty not be included as constitutional-section 91(24) lands --- insistence that tax exemption be phased out --- and the refusal to negotiate regarding the aboriginal perspective on 'certainty'.
Turtle Island Native Network has learned that the Governments of Canada and British Columbia will introduce new measures this week to try to save the threatened BC Treaty Process. The governments now are willing to come to the negotiating table with new measures that may provide First Nations with the opportunity to share in resources in their traditional territories, perhaps even as negotiations continue, and prior to a full treaty settlement.
The new Treaty-Related Measures or TRM's as they are being dubbed will be introudce by federal Indian Affairs Minister Robert Nault and his provincial counterpart Dale Lovick, BC Minister of Aboriginal Affairs.(NB: In fact, Turtle Island Native Network was told a letter has been received by the Summit from the Indian Affairs Minister but apparently falls short of expectations.) The anticipated announcement, to be made by Nault and further clarified by Lovick, is very strategic.
It is aimed at curbing anti-treaty sentiments as First Nations prepare to attend a Special Assembly called for Thursday and Friday of this week by the First Nations Summit.
Turtle Island Native Network has learned that federal and provincial governments fear a move may be imminent by all first nations to gang up against the treaty process.
One rumour that triggered the concern is that the UBCIC-Union of BC Indian Chiefs representing First Nations opposed to the treaty process, would attend the Summit this week with the call for province-wide direct action. (NB: In fact, the UBCIC's Assembly this week in Kelowna will deal with their particular version of Aboriginal Rights and Title and how they will assert those rights moving into the new millenium)
Governments were very worried that if they didn't put something new on the table the treaty process would collapse altogether, especially in light of logging and fishing action by various first nations asserting their rights around the province.
All of this, at a time when the Nisga'a Treaty, the first modern-day treaty is making its way through the House of Commons.
The new Treaty-Related Measures that will be unveiled this week, include the opportunity for First Nations who are over most major hurdles in the treaty process, to actually start benefitting from the resources on the lands they have identified in the land selection process.
In theory that means they could start cutting trees and begin to create an economic base from those lands, even before a final treaty has been signed. But with the new measures come so many qualifiers that only the individual negotiating tables will know for sure if there's any real benefit likely.
An educated guess is that few will qualify although it would make sense that most would want to at least have a look at the proposals and give them some consideration. The governments are counting on that.
You will notice the terminology Interim Measures has been reframed into Treaty Related Measures. But the question remains, will these new measures really meet First Nations interests in the interim.
Both the federal and provincial governments are certainly not 'giving away the farm'. There will be no carte blanche protection of activities on traditional territories. There is no plan to 'shut down the economic engines of the province during treaty negotiations'. But the federal and provincial governments are willing to move toward some protection.
However,before the First Nations might be able to take advantage of the new measures, they must be far along in the treaty process, in agreement with key positions that Canada and BC have put on the table all along, such as 'certainty', giving up tax-free status, limited management of their interests off of settlement lands.
It sounds good on the surface, and that of course is what the federal and provincial governments really want --- to convince the general population they are making a reasonable offer and that if First Nations reject it, then they are the ones being unreasonable.
But cautious and cynical First Nation leaders familiar with the proposed Treaty Related Measures, and familiar with the way non-aboriginal governments negotiate, say the measures will only be acceptable if the message is very clear --- that no matter how you cut it, package it or sell it, the settlement pie must be the same one --- these new measures cannot be seen to be just another ruse by the feds and province, that at the end of the day all they really want to do is shrink the size of the pie.
What's known for sure, the federal and provincial governments are not putting new dollars on the table. That means the costs of the Treaty Related Measures will be charged back to the First Nations settlement package. For example, say you were going to get ten million dollars. Under the new Treaty Related Measures if you cut one million dollars worth of trees, then you get only nine million dollars in the final package.
It sounds simple. It sounds promising. But as the saying goes, 'the devil is in the details', and we'll have to wait for more of those.
Pressure points for the governments are more obvious than others inside and outside the BC Treaty Process. As we learned from the north this past week. Oil and gas exploration on aboriginal land in northern British Columbia could end as a result of an ultimatum from Treaty 8 First Nations chiefs.They gave Victoria and Ottawa until Nov. 27 to meet with them regarding-set aside-treaty issues including land claims,trapping compensation,compensation for resource activities on aboriginal land, resource revenue sharing and co-jurisdiction. Saulteau Chief Stewart Cameron, told a packed meeting of industry,government, and First Nations representatives- Let's deal with these issues once and for all. Otherwise there is going to be conflict.Cameron issued the call on behalf of the Doig River, Halfway River, Blueberry, Fort Nelson,Prophet River and Saulteau First Nations.
In addition to the new Treaty Related Measures, the counter-strategy by the feds and province includes announcements of new treaty settlement offers to the DitidahtandPacheedaht First Nations on Vancouver Island. (These First Nations quickly rejected the offers because they did not address their interests, as outlined earlier in this story) It's part of the plan to put out some news that illustrates progress in the treaty process.
New offers were also made this past week to the In-SHUCK-Ch First Nations group, including the Douglas, N'Quatqua, Samahquam, and Skookum Chuck First Nations. Federal and provincial negotiators have now outlined a cash and land offer for those people living in the Pemberton area. At least it's a starting point for talks.But not from the First Nations' perspective. The In-SHUCK-ch N'Quat'qa people are being offered nearly $30 million and more than sixty thousand hectares of land.The In-SHUCK-ch N'Quat'qa are comprised of four bands who live along the lower Lillooet River and on the southern shore of Anderson Lake.
In fact, the entire strategy is targetted at softening the blow, whatever it looks like, coming from this week's Special Assembly of the First Nations Summit.
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