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The Aboriginal Newspaper of British Columbia & Yukon Published December 14, 1998 Charlie Lincoln and many other Nisga'a people sat in the visitor's gallery and watched the debate on ratification of the Nisga'a final agreement in the provincial legislature on Nov. 30. The process is expected to end early in 1999. See the story... Photo credit: David Wiwchar Feds ready to ratify by Ron B. Barbour Legislature welcomes Nisga'a by David Wiwchar Healing Fund opens by David Wiwchar Indigenous games confirmed for Fargo by Paul Barnsley Year One - Physical Detoxification - column by Gil Lerat Human Rights and Delgamuukw- Editorial By Paul Barnsley News in brief: CBC asked to stage debate Land and cash offered to Sechelt Treaty appointments made Laura Vinson performs Here is a full list of additional stories featured in the December, 1998 issue of Raven's Eye. If you are not receiving your own copy of Raven's Eye, then you have missed all this information. Click here for Raven's Eye subscription information. CBC asked to stage debate After watching the televised debate between the provincial party leaders on the Nisga'a agreement on the CBC in late November, Chief Art Manuel, speaking for the nations of the Interior Alliance, wrote to CBC president and chairman, Perrin Beatty, to demand equal time. Manuel would like to see a debate about treaty making and Native rights that actually has a Native person on the panel. "The provincial party leaders have been given time, now we demand equal time to present our views, which were not represented at all last night," the chief wrote. "There has been much talk in the media out here about "race-based" governments. Well, we witnessed that last night when four "white" politicians debated the future of our peoples without our presence or input." Manuel thinks the Interior Alliance, the Union of B.C. Chiefs, the First Nations Summit, the Nisga'a people and the British Columbia Treaty Commission should all have representation on the panel. Land and cash offered to Sechelt Canada and the province made an offer to the Sechelt people on Dec. 2 that would see $40 million, 11 commercial fishing licenses and more than 700 hectares of land turned over to the First Nation in exchange for the extinguishment of their Indian Act tax exemptions. The Sechelt negotiators took the offer back to the political leaders for consideration. No decision was announced. "This is a significant step in the Sechelt negotiations and it demonstrates that we can move forward in resolving land claims across B.C., not only in areas such as the Nass Valley but in more populated areas in or near urban centres," said Aboriginal Affairs Minister Dale Lovick. Treaty appointments made With Miles Richardson's appointment as the new chief commissioner of the British Columbia Treaty Commission, Namgis member Debra Hanuse has been named by the First Nations Summit to represent First Nations on the commission. Hanuse graduated from the UBC law school in 1990. Photo Credit: Ronald B. Barbour Laura Vinson performs one of her trademark tunes Voices on the Wind at Vancouver's Centennial Theatre Centre as part of the Canada Council for the Arts on Nov. 22. Showcases of Aboriginal talent were staged to bring the Aboriginal to the attention of the music industry and vice-versa. Native talent is not using the money set aside to help them record or perform and the Canada Council wants them to know that help is out there. Feds ready to ratify By Ronald B. Barbour Raven's Eye Writer VANCOUVER The bill which will legislate the Nisga'a treaty into Canadian law is expected to get the first of three readings in the House of Commons during the first week in February, said Minister of Indian and Northern Affairs, Jane Stewart. At a press conference in late November, the minister and chief federal negotiator Tom Molloy fielded questions about the Nisga'a treaty and the treaty process. Stewart seemed confident that the bill will be prepared by the end of the winter break and ready for debate in the House of Commons. "The prime minister indicated without a question that we're ready to proceed," said Stewart. "It's certainly a policy of our government, but also an obligation of Canada, to complete this treaty. So I'm looking forward to the debate." Once the Nisga'a treaty is ratified by the British Columbia legislature, it can then proceed through what the minister described as the onerous process of legislation: three readings in the House of Commons, including "committee work" where witnesses make presentations and then the signature readings in the Senate. The minister also introduced the Capacity Panel. The 13-member panel was formed last July to provide considerations for capacity building efforts which would enhance First Nations' ability to negotiate for land claims, self governance as well as economic development strategies. Gerald Wesley, chief negotiator for the Tsimshian Tribal Council, acting on behalf of panel co-ordinator Wendy John, said the report, with its recommendations for First Nations' capacity enhancement initiatives, will be prepared and delivered to the federal government by the end of the calendar year. The minister said improving relations between Canada and First Nations can be facilitated through the fostering of self-reliance in Native communities. "We're trying to move away from the Indian Act through self government," said Stewart, referring to federal efforts of late to establish a "different relationship" with First Nations. "I think it catapults us into a more positive series of opportunities for the twenty-first century." Legislature welcomes Nisga'a By David Wiwchar Raven's Eye Writer VICTORIA n a day-long celebration of both Nisga'a culture and the determination of Nisga'a leaders, the black, wrought-iron gates of the provincial legislature swung open on Nov. 30 to welcome Joe Gosnell and more than 200 Nisga'a members who had flown down from the Nass Valley to witness the debate leading up to the free vote on the ratification of the Nisga'a Final Agreement. Premier Glen Clark introduced Bill 51 - the Nisga'a Final Agreement Act - to the cheers of the NDP government and its guests. "This is one of the most historic pieces of legislation to ever come before this chamber," said Clark. "It is the culmination of more than 20 years of negotiation, aimed at addressing the injustices that have gone on for far too long." The public viewing galleries around the legislative chamber were reserved for Nisga'a members, and a sea of red and black Nisga'a shawls moved anxiously as Liberal leader Gordon Campbell rose to speak. "What can I say to show my respect to the Nisga'a and all First Nations," said Campbell, who has campaigned actively against the agreement. "Nothing will satisfy the negotiators. I am sorry. Our caucus is sorry. Regardless of how the events of the next few days unfold . . . I hope my apology will put my debate in context." Pacific Democratic Alliance leader Gordon Wilson then rose to counter Campbell's words. "It's time today for us to honour our word," said Wilson. "This is not an agreement of this province. This is not an agreement of this premier. This is an agreement for the Nisga'a people." Wilson then turned to Campbell and spoke. "If not this Nisga'a agreement then what Nisga'a agreement?" he asked. "And if not now, then when?" In Clark's opening statements, he spoke of the significance of the day and his pride in playing a role in "setting things right." "In February of 1887, a canoe paddled all the way down to Victoria from Nisga'a territory seeking Aboriginal title and the negotiation of a treaty. They were turned away at the steps of the legislature. Today is a tribute to the people of the Nass Valley who, 111 years later, have returned seeking justice. I hope their patience is about to be rewarded today," he said. The day was filled with hope and joy, as Nisga'a singers, dancers, and drummers filled the Victoria air with their powerful voices. The Nisga'a danced and sang on the lawns of the legislature in the morning, led a joyous parade down Government Street in the early afternoon, and then filled the legislature rotunda with music immediately after Bill 51 was introduced in the house for its first reading. "The symbolism of today with the opening of the legislature gates, the premier welcoming the Nisga'a and leading them up the steps, the mighty procession of people, I was moved to tears," said Dale Lovick, minister of Aboriginal Affairs. "It's a great day," said former lawyer and judge Thomas Berger, who along with Frank Calder and Joe Gosnell, began the modern-day Nisga'a Treaty. "The Nisga'a have blazed a trail that has led them here to the legislature, and next year to Parliament in Ottawa." The Nisga'a Final Agreement Act will be debated in the legislature for the next few weeks, with an expected ratification ceremony to be held in January. Healing fund opens By David Wiwchar Raven's Eye Writer OTTAWA The doors to the much-anticipated Aboriginal Healing Fund will open next month, according to director Paul Chartrand. Applications will be available as of Dec. 2 for the more than $350 million set aside by the federal government to help communities and families devastated by the effects of residential schools. Secretary of the healing fund, and one of 17 directors, Chartrand said the program will begin funding programs in early 1999, allocating all of the funds within the next 10 years. "The money is for healing," said Chartrand. "We will consult with First Nations people to find out what is needed for communities, families and individuals who have suffered the effects of residential schools." Sixty-six residential schools operated in Canada from the mid-1800s up until 1984, and according to Chartrand, the Aboriginal Healing Fund will not only help school survivors who were sexually and physically abused at many of the schools, but will also address the inter-generational effects the schools had on First Nations communities. Melvin Good, a plaintiff in the current trial against the United Church of Canada and the federal government for their involvement in the Alberni Indian Residential School, hopes the Aboriginal Healing Fund marks a new beginning for residential school survivors as well as their children. "Not only did we lose our parents, our families and our communities by being shipped off to these schools, but we also lost our languages, our cultures and our whole identities as Native people," said Good. "Then we passed all the things we learned, and didn't learn, down to our children." Chartrand says the directors have worked hard to get everything in place as quickly as possible so the healing process can begin. "The board met in Vancouver in July, searched for an executive director in August, hired Michael Degagne for the position in October, and we're currently hiring staff for our office in Ottawa," he said. A Métis from Manitoba and a law graduate from the University of Saskatchewan, Chartrand said the healing fund comes with a few government-imposed restrictions. Money from it can't be used to pay for legal actions or for the purchase of land or buildings. Applications will be accepted from Jan. 15 to March 31,1999 depending on the type of program funding required. Once the healing fund is operating smoothly, Chartrand said future plans include the formation of a charitable organization designed to collect funds and donations from non-governmental sources. Starting on Dec. 2, groups or individuals interested in receiving an Aboriginal Healing Fund application, can call the Ottawa office toll-free at 1-888-725-8886. Indigenous Games confirmed for Fargo By Paul Barnsley Raven's Eye Writer OTTAWA A year from now, when the Senate's special committee on Aboriginal governance submits its report to the minister of Indian Affairs, Konrad Sioui, hopes that Aboriginal people - and the government of Canada - will have a better idea of just what the inherent right of self government really means. Sioui, a Huron man from Wendake (near Quebec City), is a political veteran and a former candidate for national chief. He's one of five people hired to organize this special study by the Senate standing committee on Aboriginal affairs. Sioui fills the position of First Nations specialist. Rosemary Kuptana is the study co-ordinator; Larry Chartrand is the Métis specialist. A communications person and an assistant have also been hired. The team is encouraging Aboriginal leaders all across the country to contribute to the proceedings of the committee. Sioui thinks the creation of an Aboriginal governance roundtable, which involves all the national Aboriginal organizations as well as Elders and traditional leaders, is a sign to even the most skeptical chief or grassroots person that this process is worth a look. "This is an opportunity to force the federal and provincial governments to have a good look at the issue," he said. "Right now, they have it easy. They recognize the right of self government and then say go ahead and get it. Well, we have to ask, 'Go ahead and get it with what? What kind of tools do we have?'' The inherent right of self government has been recognized by the federal Liberal party, endorsed by at least two Liberal ministers of Indian Affairs and enshrined, through Section 35, in the Canadian Constitution. The Royal Commission on Aboriginal Peoples told the government of Canada that Aboriginal people need to take control of their own lives and communities but the report was short on details of how that could be accomplished. "There's lots of unfinished business in this area," Sioui said. "The Royal Commission didn't do self determination and they recognize that. Georges Erasmus [co-chair of the Royal Commission] said the RCAP report was unfinished business when it came to self determination." The standing committee is made up of 12 senators, including Métis senate member Thelma Chalifoux and rookie senator Frank Mahovlich. After 14 years in the Senate, Aboriginal Senator Charlie Watts is chairing his first Senate standing committee. Senator Janis Johnson is the vice-chair. The round table also has 12 members. The Senate is represented by the committee chair and vice-chair. They are joined by a representative of the Assembly of First Nations and a representative of the National Association of Friendship Centres. The Inuit Tapirisat of Canada and the Inuit women's group, Pauktuutit, also have one seat each as do the Métis National Council and Métis Women. The Congress of Aboriginal People has a spot at the table, along with a representative of the Métis settlements in Alberta. The Native Women's Association of Canada also sits at the table and a seat has been reserved for a representative clan mother. The final two seats are reserved for a hereditary chief and a traditional leader. Joyce Mitchell-King from Akwesasne, active with the Mohawk Nation longhouse, fills the clan mother's seat at the table. Gitxsan Nation hereditary Chief Jim Angus attended the first meeting in mid-November. Earl Muldoe, whose traditional name is Delgamuukw, may also attend in that capacity. He was invited but couldn't attend the first meeting for personal reasons. Eighty-five year old William Commanda from Maniwake, Que. serves as the round table's traditional leader. Sioui would seem to be justified when he describes the round table as "large and representative" but he says the people at the table aren't the only ones encouraged to participate. "So many initiatives end up in isolation from the grassroots and end up going down the drain," he said. "We should never forget to involve our people and there's no reason in the world we can't do that." Written submissions can be sent to the clerk of the Senate committee on Aboriginal people. Sioui also said the meetings are held in public to encourage grassroots participation. When Sioui made a brief presentation about the round table to the annual meeting of the Union of British Columbia Indian Chiefs in October, many of the chiefs told him the last thing that was needed was yet another government study of Aboriginal issues. Native leaders widely see the commissioning of studies to be a delaying tactic. Sioui didn't argue the point. "I agree with some chiefs who say the last thing we need is another study. I can't agree more," he said. "But this is not a study. We're not asking anyone come and write 55 pages on the color of the sky when it rains. This is a discussion we must have in the absence of Constitutional discussions." It's not an easy question the roundtable participants will be asked to find an answer for, Sioui said, but he believes the format of the group will provide the best chance to come up with a workable solution to creating self determination for all Aboriginal peoples. "The senators are going to have the unique chance to be sitting with people with real expertise," he said. "The senators might not have a clue what self government and self determination means but now they can ally themselves with a circle of people who are going to put their minds into this Canadian reality." As a well-connected Ottawa insider, Sioui is aware that the AFN has just contracted former national chief Ovide Mercredi to look at similar issues. He also knows that current National Chief Phil Fontaine has just signed an memorandum of understanding with the National Association of Friendship Centres to deal with urban governance issues. Some observers say these developments are the AFN's attempt to maintain its influence as more and more people flee the reserves for the city. By having all the groups at the table, Sioui said, the chances are better that a workable solution which all groups can live with can be reached. "We want all Aboriginal groups, especially the grassroots, to explain how it should be done," he said. Year One - Physical Detoxification By Gil Lerat Raven's Eye Columnist VANCOUVER The purpose of last month's column was to aid in better understanding the first three years in recovery. For the next three months, I will look at each year individually and what one might do to ease their progress through each stage. As stated, year one is primarily the "physical detoxification" phase. While each year carries its own set of unique issues, year one has to be the most difficult for many reasons. Physically, depending upon which drug, the body can detoxify at various times during your first year. Some of the drug is stored in the fat membranes of your body cells and the drug is released when the body "feels" it needs it. Also, messages that the body sends to the brain (neurotransmitters) may also be absent because the drug replaced that message. For example: alcohol replaces the neurotransmitter, serotonin. The body stops manufacturing the serotonin over a period of time because the alcohol has replaced it. Serotonin's main function in the body is in the pleasure centre. So when the alcoholic first stops drinking, the body is not producing the serotonin needed to distinguish pleasure. Hence, that is why the alcoholic who first stops drinking is expected to be in a somewhat depressed state. It is of real importance, especially in the first year, to eat nutritiously. When we were using, we neglected to give our bodies proper vitamins and minerals. To help build our bodies back to a healthy state, it is recommended that a person in early recovery take vitamin and mineral supplements. Along with eating balanced meals, these will aid the body in its rebuilding process. Physical exercise is also needed to release the natural endorphins in the body. Attendance at 12 step meetings of Alcoholics Anonymous or Narcotics Anonymous is also of great importance because this allows the newcomer to meet other people who suffer from the same "disease". When we were using we felt that no one understood us or cared. These meetings allow the newcomer to see that other people have been through the same pain and hardships that they went through. This is also a great forum for "sharing." Sometimes all one needs for his or her own personal healing is validation, sharing their inner feelings and having someone witness their pain can be the most healing of all. These support groups also help to rebuild a social network of non-users. Thus, beginning the transition of dropping old friends and taking on the new. A newcomer should also have a one-on-one personal alcohol and drug counsellor. So he or she can share their innermost thoughts and feelings in a safe and comfortable, therapeutic environment. Once we begin our healing journey, we have to find healthy ways of dealing with our emotions. More on that next month. It is also very important to have a conscious contact with a higher power or believe that there is a power greater than ourselves. It's prayer, meditation and faith that's going to take us through the most difficult times. We have to believe that things will get better as long as we don't use. In conclusion, by balancing our Medicine Wheel (ie: mental, emotional, physical and spiritual) we can overcome our addiction. It's not an easy task, but anything worth it is worth applying yourself for. Everyone have a joyous holiday season. Take care and may the Creator be with you . . . Until next month . . . Human rights and Delgamuukw By Paul Barnsley Raven's Eye Editor This month, Aboriginal people are remembering last Dec. 11 when the Supreme Court of Canada handed down the Delgamuukw decision. If you keep a close watch on the Supreme Court of Canada then you realize what a departure that decision was. I have the benefit of the counsel of several lawyers who deal with Aboriginal rights cases - they keep in touch because I'm willing and able to write about things the mainstream press isn't and they want to make sure I get it right. Delgamuukw, to those people, is about Canada's judiciary finally facing a historical wrong. The court put politics aside and dealt with what a court is supposed to deal with: the facts and the law. The facts and the law lead any honest jurist to one inescapable decision - Aboriginal title exists. That should never have been up for debate. It's so obvious there shouldn't ever have been any doubt in a country that claims to respect the rule of law. But, as Chief Arthur Manual says, political concerns can lead the executive branch of a government to disregard the decisions of the judicial branch. Politics is all about having the support of enough people to control a majority of the seats in a legislative body. In theory, the majority of any sizable group of people should be interested in doing the right thing. We've all been led to believe that those who don't follow the rules are a minority in our society. But that isn't necessarily the way it is. One of my most outspoken friends (who wouldn't want me to use his name even in this setting) once told me that the sermon on the mount is for suckers. That was his way of saying the ways of the wealthy and powerful wouldn't go over too well in Sunday school class. But those days are slowly becoming part of the past. In late November, I spent three days at an international conference held in Edmonton to mark the 50th anniversary of the United Nations Universal Declaration of Human Rights. The keynote speakers were Desmond Tutu, United Nations High Commissioner of Human Rights, Mary Robinson and the Chief Justice of the Supreme Court of Canada, Antonio Lamer. Also in attendance were dozens of noted human rights activists, experts in international law, a couple of federal Cabinet ministers, judges, bureaucrats, and delegates from every corner of the globe. You can learn a lot from people like that. I know I did. When I spoke to people from New Zealand I discovered that they've gone much further towards observing the rule of law in their dealings with Indigenous peoples. Nigerian human rights activist, Dr. Owens Wiwa, compared the way the military regime in his country deals with the Indigenous Ogoni people there - they executed his brother three years ago - to the plight of northern Alberta's Lubicon Cree Nation. Believe it or not, the declaration was penned by a Canadian overnight from Dec. 10 to Dec. 11, 1948. Forty-nine years to the second before Chief Justice Lamer was putting the finishing touches on the Delgamuukw decision for his court. Spookier still, Justice Lamer once worked with John Humphries, the McGill University law professor who changed the world with his declaration. Archbishop Tutu asked the Canadian press to thank human rights activists in this country for making his "little miracle" in South Africa possible. "It's all because of you," he said. "Thank you, thank you, thank you." Many of the human rights advocates say last summer's decision to eventually form a world court is a huge step forward, especially for the Indigenous peoples of the world. Change is coming, slowly but surely. There's hope and I wanted to pass that message on to you as a seasonal present whether you observe Christmas or not. Happy holidays and may 1999 be a year of hope and happiness for you and yours.