C-31 suit filed

Page 1

Bands in Alberta are joining forces to fight the 1985 amendment to the Indian act, known as Bill C-31, and have already filed a statement of claim against the federal government.

The suit, brought by the Sawridge, Sarcee, Blackfoot, Ermineskin and Sturgeon Lake Bands, who in turn each represent a treaty area in Alberta, was filed Feb. 15.

However, Chief Walter Twinn of the Sawridge band, who is co-ordinating the joint action, says he is not ready to comment on it.

"My band and the other bands involved will be getting together this week to discuss this issue," he said from his office on the reserve.

But Twinn emphasized that the suit is not aimed at women's rights or the equality issues, as has been reported in the press.

"We've had a lot of bad publicity," he said. "People don't realize this action is not against women, and it has nothing to do with feminism, but rather Aboriginal rights."

Sarcee self-government liaison officer Bruce Starlight agreed with Twinn and points out that the government's push toward Indian self-government makes it essential that Indian nations are permitted to determine who their citizens are.

"We say Bill C-31 is unconstitutional because section 35, which recognizes our Aboriginal rights, supersedes the equality section in the constitution," said Starlight in an interview on Monday.

Starlight explains that the Sarcee tribal tradition dictates that the enjoyment of individual rights cannot endanger the collective rights of the tribe.

"The government's plan is for assimilation of Indian nations and the first seed has been planted with C-31," he said.

Starlight pointed out that not many bands can afford to take all the additional people who wish to regain band membership with the new legislation.

"If the government wants to give them additional lands and monies, that's fine with us, but we just cannot afford to have a large influx of people onto our reserve."

The Sarcee Band has recently formulated its own membership code and will be taking it to a local referendum April 16. The code is based on blood quantum, with an emphasis on Indian blood, not just Sarcee tribe blood.

After April 16, the band will drop the name of Sarcee, which is the Blackfoot name for the tribe, and return to its original name of Tsuutina, which means Beaver people, says Starlight.

Starlight is also calling on other bands in Alberta and other Indian Associations of Alberta (IAA) to lend their support to the law suit.

"If we are to win this battle, we must have numbers," he said. "Any band can sign the suit and become part of it and the IAA in particular should lend its support."

Although IAA president Will McDougall was unavailable to comment, Treaty 6 vice president Percy Potts said he felt it is definitely part of the IAA mandate to protect Aboriginal rights

. "The federal government imposed this bill which sets out who can be a member of any band," he said. "But I think it's only proper that bands who want the IAA to work on their behalf be willing to supply a band council resolution (BCR) to give us a mandate.