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The Aboriginal Newspaper of British Columbia & Yukon

Published November 14, 1999


"War, not murder."

Aboriginal leaders and government representatives marked a solemn occasion in Quesnel last month as the 125th anniversary of the execution of Tsilqot'in chiefs was marked with provincial government recognition that the chiefs were defending their lands and their people and should not have been treated as criminals. For more details, please see the story here!

Photo Credit: Arthur Topham


Damages phase of AIRS trial begins
by David Wiwchar

Kamloops Indian Band purchases historic Harper Ranch
by Keith Matthew

From a dream to a success in one year
by David Wiwchar

"War, not murder."
Chiefs honored by Tsilhqot'in national holiday

By Arthur Topham

On the Western Edge of Indian Country - column
by Keith Matthew

Racism: Federal government policy- column
By Taiaike Alfred

Here is a full list of additional stories featured in the November, 1999 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.

Ditidaht and Pacheedaht First Nations say "no" to treaty offer

Crown under fire

Marshall decision could spread to West Coast

One mainstream reporter gets it

Ditidaht First Nation takes step to rescue salmon

Okanagan writer Jeannette Armstrong is a strong voice

Native women's select soccer team wins in Europe

Rice wine ban better late than never

U-Vic law student earns scholarship


Damages phase of AIRS trial begins

By David Wiwchar
Raven's Eye Writer
VANCOUVER

The third and final stage of the Alberni Indian Residential School trial has begun in Vancouver as the remaining plaintiffs fight for compensation from the United Church and the federal government.

The action, which began in Nanaimo almost three years ago, is expected to last until the summer of 2000.

Plaintiffs will tell the court what has happened to them since they left AIRS, and how the abuses they suffered there continue to affect them and their families.

Having heard horrific stories of physical, verbal, emotional and sexual abuse committed against the young students by a number of school employees and officials, the court will now hear about the vicious circle of learned behaviors, and unlearned behaviors including loss of language and culture and an inability to raise a family.

This stage of hearings is expected to take between 20 and 30 weeks, and will include expert testimonies from counsellors and psychotherapists who have worked with many of the school survivors.

When proceedings began three years ago, there were 31 plaintiffs. Since then, two plaintiffs have passed away, and plaintiffs Dennis Thomas, Mel Good, Roy Joseph, Harvey Brooks, Gilbert Hill, and Harry Wilson have settled out of court.

With vicarious liability already decided, all sides are still awaiting Justice Donald Brenner's ruling on the church's and government's direct liability for the abuses suffered at AIRS.

Although testimonies were scheduled to begin on October 25 in Courtroom 35 at the Vancouver Law Court, lawyers for the plaintiffs were granted a one-week adjournment to prepare court-directed reports on testimonies of upcoming expert witnesses.

The court reconvenes on Nov. 1 for two weeks, when Willie Blackwater and Randy Fred will offer their testimony on their lives after AIRS. Members of their families, other relatives, friends and co-workers will also testify about what they call the effects of the captive torture and physical and sexual abuse of the plaintiffs.

Expert opinion on the damages suffered by these people will also be put forward by psychologists, psychiatrists, vocational counsellors and economists hired by the plaintiffs. Other experts retained by Canada and the church will also testify during the trial.

During the first day of hearings on the damages phase of the Alberni Indian Residential School trial, lawyers representing the United Church and the federal government balked at the suggestion of a second settlement conference.

After Peter Grant, lawyer for the plaintiffs asked Justice Brenner for a four-week adjournment so a second settlement conference could be arranged, United Church lawyer Chris Hinkson rose to call the idea "ridiculous."

"This is the height of hypocrisy," said Grant. "They've been asking for opportunities to settle out-of-court for three years now, and for them to turn down the idea of a second settlement conference is unbelievable."

Federal government lawyer Mitchell Taylor also argued against the adjournment and settlement conference, saying there was "no point to further discussions."

The six plaintiffs agreed to out-of-court settlements after the first settlement conference among the three sides in September. Plaintiff lawyers Grant and Alan Early asked Justice Brenner for time to organize a second conference, and for Justice Bruce Cohen to act as arbitration judge again as he did in September.


Chief Manny Jules (right) adds his signature to the agreement which will more than double the size of the Kamloops Indian Bands' territory.

Photo Credit: Keith Matthew

Kamloops Indian Band purchases historic Harper Ranch

By Keith Matthew
Raven's Eye Writer
LEX'YEM

"The Kamloops Indian Band has concluded an agreement with the Kerr family to purchase the historic Harper Ranch," announced Chief Manny Jules. "This purchase is about the future of the band and the future of our children."

Chief Jules made the announcement on October 12 at the Chief Louis Conference Centre in Kamloops.

The purchase of the 44,000-acre Harper Ranch will guarantee the survival and prosperity of the Kamloops Indian Band and is an act of self-government, said Chief Jules.
"The band currently has title to 33,000 acres and this agreement will effectively double our land base once it is converted to reserve land status," he said.

The band was able to come up with the money by raising its own funds through taxation and other business related incomes. More than $1 million came from the band's Ottawa trust fund as a down payment. The band will be financing the outstanding balance of the purchase price through bank and vendor mortgages. A gasoline, alcohol and tobacco tax will be used to offset the costs of the bank mortgages.

The tax was implemented Sept. 1, 1998 by the band. The federal government collects the tax for on-reserve purchases and then transfers it back.

"In the not too distant past this would not have been possible," said Chief Jules. "The potlatch law which was enacted in 1918 would have prevented us from raising funds to make a purchase to buy our own land back. The law had its desired effect by not allowing us the leeway to raise money to hire lawyers to fight the governments over the land question."

The particulars of the Harper Ranch sale:

The letter of intent was signed on September 21. The band will own all the assets of the ranch and will include free and clear title to 44,000 acres of land. The band paid $6.9 million for the ranch.

The sale will partially resolve a 140-year grievance that the band had with the federal and provincial governments over cutoff lands.

The band will assume complete ownership over the ranch and its assets on Nov. 30, 2000, which will give the owners of Harper Ranch an opportunity to wind things down and clear the way for the band to move in and assume clear title.

The band and Harper Ranch have been neighbors for 56 years.

The sale includes all other tenures such as timber, water licenses, gravel, and grazing leases.

Once the land has been transferred to reserve status it will make the Kamloops Indian Band one of the largest in B.C., an estimated 77,000 acres in size.



From a dream to a success in one year

By David Wiwchar
Raven's Eye Writer
PORT ALBERNI

It was less than a year ago when Port Alberni RCMP Constable Ken Stevens first had the idea to take Nuu-chah-nulth youth on a tour of Vancouver's east end in an effort to scare them away from paths that inevitably lead towards self-destruction.

Since then, with the help of fellow Constable Al Stenger, and Vancouver Native Liaison Officer Morris Bates, Stevens has made it possible for more than 150 youth to witness the horrors of life at the bottom of the societal barrel.

Kids who are starting to dabble in drugs, alcohol and crime get a rare opportunity to see, meet, and talk to drug-addicted pimps, pushers and prostitutes. They soon learn the people of skid row were once just like them - wide-eyed youth dreaming of successful futures. But then something happened. They smoked their first joint at 14, started injecting heroin at 15, and within a few years found themselves living a hellish nightmare of a life in the forgotten bowels of Vancouver.

"It has a real impact on these kids," said Stevens. "Especially the girls. They didn't realize how bad it was as far as prostitution, drugs and alcohol."

Tseshaht, Huu-ay-aht, Uchucklesaht and Hupacasath youth have made the trip to meet Morris Bates and have him talk to them and take them on a tour of the area where he works.

"In one alley, we've seen 10 or 12 people injecting themselves with drugs at the same time," said Stevens. "We saw this one lady laying on the ground while a guy was injecting a needle in her neck. That was pretty scary. There were some tense moments there."

The program, initiated by Bates, has taken off since CBC-TV featured a group of Tseshaht kids going through the program.

Parents have congratulated Constables Stevens and Stenger for teaching their children the dangers of drugs, alcohol and crime, and First Nations from all around the province have been calling to find out how to get their kids involved.

"It's a great program, especially if you're from an isolated town," said Stevens. "You see what reality is in a place like that where you have nowhere to go. You can't help but step back and realize how much you have and how you take things for granted."

Recently, Stevens presented Bates with much-needed TVs and VCRs for the program, as well as $500. The money and items were donated by First Nation governments who recognize the benefits of continuing the Scared Straight program.

Over the next two months, four more groups of Nuu-chah-nulth youth will be taking the tour. Ten groups have already taken the trip.

"We don't know how long this program is going to continue for," said Stevens. "It's certainly made an impact on all the people who've seen it."

For more information on the program, contact Constable Ken Stevens at (250) 723-2424.



"War, not murder."
Chiefs honored by Tsilhqot'in national holiday

By Arthur Topham
Raven's Eye Writer
QUESNEL

The people of the Tsilhqot'in Nation gathered on the banks of the Fraser River on Oct. 26 to honor chiefs who were hanged in Quesnel on the same day 135 years before.

Quesnel Mayor Steven Wallace also attended the ceremony.

Photo Credit: Arthur Topham

Many visitors arrived in Carrier territory at the invitation of Red Bluff elected chief, Frank Boucher, Jr., to remember those war chiefs who had been entrapped by the colonial government and then, in the absence of any military code of honor, hanged as common criminals for the killing of some white land developers who were planning to destroy the Tsilhqot'in people and steal their lands.

Government and Native leaders who spoke during the ceremony agreed that the Tsilhqot'in chiefs of yesteryear died defending their homeland against the onslaught of European traders and settlers who had been brutal in their methods of dealing with the Indigenous peoples.

It was in defense of their culture and way of life and their survival as a people that the five chiefs of the Tsilhqot'in Nation decided to fight back. It is with this historical context in mind then that we must view the words of the great Chief Lhatsas'in who, in his final words before the noose was placed around his neck, said, "We meant war, not murder."
Since that morning 135 years ago, the Tsilhqot'in have continued their fight to retain their territory and their way of life. Their Aboriginal title to the land was never extinguished and that is what still unites them today.

The commemorative gathering was not merely to honor those who had fought and died for a just cause. It was also an opportunity for the Tsilhqot'in chiefs of today to express their current thoughts and feelings on this seemingly incessant struggle with the settler's governments, bureaucracy and lawyers.

The ceremony began with the Tsilhqot'in and Carrier chiefs drumming and singing the Tsilhqot'in War Song.

For some it was an opportunity to remind the hundreds of participants that the Tsilhqot'in way of life is still strong. Chief Roger William of the Nemiah Nation expressed these sentiments as he spoke of this special occasion.

"This is an important day for Tsilhqot'in people. We are still here and still speaking the language of our forefathers and I am able still to wear the buckskin jacket that my mother made for me," he said.

Hereditary Tsilhqot'in Chief Patrick Charleyboy from Alexis Creek spoke of Aboriginal title and the manner in which Native people have been treated over the years by both the federal and provincial governments. He said residential schools were one of the big problems that the Tsilhqot'ins faced and are still dealing with. That, coupled with the enormous alcohol problem, laid the groundwork for the schemes of the federal government to replace the traditional hereditary chief system with the federally recognized band councils which basically turned over the legitimate powers of the people to the colonial system of jurisprudence. Charleyboy said the hereditary chiefs were opposed to attempts to supply their people with alcohol and as a result his father was singled out by the government for harassment. When the federal government realized that they couldn't control the hereditary chiefs, they imposed the Indian Act upon the reserves in 1959 and have been controlling the agenda of Tsilhqot'in peoples ever since, he said.

With the Delgamuukw decision recognizing the right of First Nations to gain economic benefit from their traditional territories, there is now a glimmer of hope that the Tsilhqot'in people will once again become masters of their own destiny.

"We are now taking control of our lands and our resources. For years our youth have had nothing. The local lumber mills made empty promises of jobs but in the end it was our white brothers who got all the jobs," said Charleyboy. "Today I am making a statement to the governments and to the logging industry that is taking our forests away. I am giving you a warning that all logging must stop in the Tsilhqot'in territory until the question of Aboriginal land claims has been settled. We have been forced to go to the courts to settle this matter and until such time as a decision is reached then all logging of our resources must halt. I am saying here today that the loggers must remove their equipment from the land or it will be seized and held as collateral in order to offset court costs."

He then summarized his remarks by telling the crowd of listeners how, when he and some others were out logging on their lands 16 years ago, six RCMP constables came out and severely beat him up. He could thus relate to the trials and tribulations that the original five Tsilhqot'in Chiefs had suffered back in 1864, he said.

Others were more conciliatory towards the many federal and provincial government officials who were present for this commemorative event, but all the chiefs were in synch regarding their efforts to resolve the land claims issue.

Provincial Minister of Forests, Cariboo South MLA David Zirnhelt, was also present and was quick, upon taking up the grass covered podium, to say, "I recognize that it was 'War, not murder' and that today we will be talking about justice and working together."

Referring to the provincial government, he went on to say that, "We as chiefs of the non-Aboriginal peoples have to build on what's taken place today. I am thankful that you have invited me to speak and I would just like to say that I am happy to have been a part of this process leading up to the commemorative ceremony here today. It was myself who gave the nod to the provincial government that we buy into the statement that's on the plaque and that we recognize and accept responsibility for the wrongs of the past."

Minister for Aboriginal Affairs Dale Lovick spoke as well and spoke of the need for continuing the perceived "passion" that he was witnessing amongst the various speakers. He said that non-Native people have, for too long, been willfully blind to the problems faced by Native peoples. Referring both to the chiefs of 1864 and to those of today, the minister told the audience that the chiefs should be proud of their efforts to defend their territory and not to be ashamed of their actions.

"I believe there are solutions available and we have to recognize the need to sit down together and work at finding them," he said.

Union of BC Indian Chiefs President, Stewart Phillip, told the audience it was a special day for him for two reasons. He was pleased that the Tsilhqot'in Nation was declaring Oct. 26 as a national holiday in recognition of the five chiefs but he also said it was an opportunity to revisit his home territory. Phillip was born and raised in Carrier territory and went to school in Quesnel. He left his adoptive family in the area about 25 years ago to return to his home territory where he is now chief. Phillip said governments have to recognize the reality of the Delgamuukw decision and have to deal with the issues by discussing ways of co-managing the resources in Aboriginal territories. He remarked as well how amazed he was at the numbers of Aboriginal people who had taken the time to travel from their territory up to Quesnel to attend the ceremony.

"The Tsilhqot'in people have shown us that the colonial notion of extinguishment is obviously not working," he said. "We do have the legal rights to protest and to demand that Aboriginal land claims be justly settled."

Neskonlith Chief and Interior Alliance spokesperson Arthur Manuel said the most important issue for him was the current controversy over the First Nations decision to commence logging on their traditional lands. He said freedom is still something that the Aboriginal people are trying to achieve and part of regaining that freedom was the Alliance's decision to proceed with logging.

"We've gone out logging on what the provincial government calls 'crown land.' Now the bands are in court challenging the stop work order that the province has issued," Manuel said. "The reason we're challenging it is because it doesn't mention Aboriginal title anywhere in that order. It's a procedural challenge. If the province has its way we could be tied up in court for the next 12 years.

"Indian people have to stand up because we're dealing with a system that is inherently racist from an economic standpoint. We must take a stand because Aboriginal title isn't something that only belongs to the chiefs - it belongs to the people."

Chief Antoine Archie of the Canim Lake Band and member of the Cariboo Tribal Council spoke next.

"We come here today to witness and honor the chiefs who were hung for defending their land and their people," he said. "This ceremony is a big step. It's a step in the healing process. I agree with the earlier speakers on the question of land claims. We have a proprietary right to the land and we must exercise that right."

When the speakers had finished, the ceremony of smudging the chiefs' grave site and offering prayers to their spirits commenced. Gilbert Solomon of the Nemiah Band did the smudging with sage and Bella Alphonse read out the words written on the plaque in the Tsilhqot'in language which in part said that it, ". . . has been raised to honor those who lost their lives in defense of the territory and the traditional way of life. . . ."

Redstone Chief Ervin Charleyboy thanked all those who attended the memorial holiday. A touch of levity was added to his words when he touched upon the Canadian legal system.
"If there are any lawyers here I want to tell them that I don't like lawyers. I don't like Section 35 of the Canadian Constitution. The government and their lawyers don't seem to be able to understand their own language when it comes to the Delgamuukw decision which gives Aboriginal people their inherent rights and title to the land." Then, in a scathing rebuke of the provincial Liberals and the Reform Party of British Columbia, Chief Charleyboy went on to say, "There's going to be hell to pay if the Liberals ever get into power in this province."

As the ceremony drew to a close Chief Charleyboy declared October 26 "Klatsassine Memorial Day", the official Tsilhqot'in National holiday.


On the Western Edge of Indian Country

By Keith Matthew
Raven's Eye Columnist

I will never understand why our warriors fought during the world wars. I am too young to know what it meant to our grandfathers, fathers, uncles, brothers and cousins who gave their lives for a country that didn't recognize us as a people and looked at us as wards of the government.

I do know that the veterans who were fortunate enough to return from the wars, came home fiercely proud of the effort they made in protecting their people from the tyrants who would take this country from us by force. They also came home with some nasty side effects in the form of scars from bullet wounds and shrapnel that they wore as proudly as the medals on their chests. Some came home with incredibly deep psychological scars which weren't readily apparent on the outside but were painfully evident to close family members who came to see the nastiness of the post traumatic stress disorders in a very up-close-and-personal way.

I had the honor of organizing a meeting for local veterans in the Kamloops area about four or five years ago when then-Senator Len Marchand was collecting information from Aboriginal veterans to see if he could help them in Ottawa. Most of the veterans involved in that meeting have since passed on, and they died not really receiving much assistance from a federal government that didn't really care or was incredibly insensitive to our veterans' needs.

One of the veterans from the Kootenays said a few things that bother me to this day. The first incident was regarding his treatment on Remembrance Day after the war and how he was unfairly treated along with other Native veterans and it occurred in 1946 or 1947.
"I came home. One day I was on a march. Our white comrades told us 'Come on and march with us, you will get a glass of whiskey at the other end.' Five of us we marched, before we were dismissed the police got there, they took us out of the ranks, threw us in jail until one minute after midnight and then turned us loose. They didn't take us home, they said, "Now you can go home. It's November 12, not November 11."

The other comment he made showed the deep emotional, mental and spiritual scars that were inflicted upon him.

"I went through some . . . my wife won't even sleep with me because I still have nightmares from this, what I went through. Now what do I have to do to get out of this? Today I am talking about it. Tonight I will probably get one of the worst nightmares I have ever had. It seems every time I talk about what I went through I get these awful nightmares. And I will tell you guys it wasn't ever easy to eat, to sleep with dead people and the odors that was there," he said.

Another veteran from the Okanagan felt very badly treated when he got home. He was very upset that he didn't receive the same financial benefits that non-Native veterans received upon returning to Canada, especially since he was asked to perform some of the more dangerous assignments while fighting during the war.

"We have been shortchanged. I don't give a damn what the hell color we are. There is a fighting patrol or fighting, or patrol at night time, my leader always came to me and says I want you to come up. Never someone else. I was always on the front line because of my ability to do night work. I know. You guys probably went through the same thing. Native soldier is always the guinea pig. They put you out there because your instincts that leads the people, that leads the men, that saves them and brings them back is what they want and they sure made use of it.

"It is not there any more. It's like I say, I took my uniform off, I'm just shit. That's exactly how I feel, I'm forgotten. Like they say in the book or in the paper. They have write-ups of the 'forgotten soldier' - that's him, that's him and that's him (pointing at the Native veterans sitting around the table). These poor buggers that are just as mad as any man that wears the pants and walks like a man. I always say treat them well," he said.

My dad was a veteran. He was a sergeant in the infantry and commanded his own 25-pound cannon. He never saw active duty and I have a feeling that he regretted not going into war - although he never said that to anyone that I know.

I remember going to the Remembrance Day parades to watch him and the other veterans march through the streets proudly wearing their colors and displaying their hard won medals. I remember seeing those battle-hardened men crying for their friends and sometimes family that they left buried over in Europe.

I am so proud of my dad for what he did to protect us and all of the other Native veterans who fought in a war that they didn't have to join. My Uncle Louis, Uncle Clarence, Uncle Eddy and all of my other relatives who fought during the war also make me proud.
My dad passed away in 1995, but I still go to the service to honor his memory and all of my uncles who fought for us. I miss you dad.

Putucw.


Racism: Federal government policy

By Taiaike Alfred
Raven's Eye Columnist
VICTORIA

The recent confrontations over Mi'kmaq fishing in the east and Native logging in British Columbia have shown just how strong the prejudices against our people run among the immigrants to our territories who call themselves Canadians. People show their true nature in times like these, and right now it seems that the heart of whiteness is a very cold and hard place. When it comes to attitudes about Indigenous people, this is a country with a pretty thin veneer of toleration hiding an ugly mass of racism.

I say "toleration" because smug and self-satisfied white people often tout Canada as a tolerant country. I doubt many of our Indigenous sisters and brothers (or any other non-white) would agree with this statement on the surface. But even if it were true, what does it mean that Canadians see themselves as tolerant, anyway? To tolerate something means that you put up with or endure it. It is a distant and arrogant attitude rooted in a superiority complex; it tells us a great deal about the way Canada sees non-white and especially Indigenous people. I believe that in the hostility and violence that come our way whenever we assert our rights and defend what is ours, we find out what it means to be a tolerated people.

We often forget just how thin even the veneer is. It has only been one generation since our people were forced to live with a system of open and organized racist oppression in this country. Until the 1960s, the kind of back-of-the-bus and separate washroom apartheid made infamous in the United States' treatment of blacks was commonplace in Canada toward Indians. Things have changed, but have attitudes? Open racism is seen to be impolite and crude these days, but that doesn't mean that mainstream Canadians are not racist. It only means they don't show it. Am I overreacting? Consider the fact that the Reform Party has a huge political constituency, millions of supporters and great influence on the government as the Official Opposition in Parliament. The same Reform Party has an official policy of promoting the legal and social assimilation of Indigenous peoples and a cancellation of Canada's historic treaty obligations toward our peoples. This is fancy wording for a simple idea: terminating Indians.

When the Mi'kmaq achieved a limited recognition of their treaty rights in the recent Marshall decision, the Reform Party called for a "stay" of the decision, meaning they called for the government of Canada to ignore the Supreme Court. The fact that there is no legal process or constitutional way to do such a thing as "stay" a Supreme Court decision didn't seem to matter.

Plainly, in the view of the Reform Party, Indigenous peoples and Indigenous rights are not due the same constitutional protection as other peoples affected by the Constitution of Canada. The saddest thing is that the federal government agreed with the Reform Party that the rule of law does not apply to Indians and that a "stay" would indeed be possible if negotiations failed to satisfy a group of angry white fishermen. It is one thing when a party of ignorant racists calls for the termination of Indigenous rights, but quite another and more serious matter when the federal government begins to contemplate governing the country to satisfy an ugly white backlash movement.

We should not forget that there have been other countries that have suspended the rule of law for certain groups when their rights conflicted with the interests and beliefs of the majority. Jews in Nazi Germany suffered the same treatment as the Reform Party is advocating for Indigenous peoples in Canada. If they want to "stay" pro-Indian Supreme Court decisions, how far can they be from advocating policies to achieve a Final Solution to the entire Indian problem? Putting this all in a historical perspective, the Reform Party's slogan of "one law for all" begins to sound eerily familiar to the sounds echoed from scary black-and-white films of jack-boot Nazi Germans chanting their slogan of "one fatherland, one party, one Fuhrer."

It's not only the Reform Party that represents prejudice in this country. Canadians love tame Indians who perform on stage and screen to satisfy the mythological image of the noble savage conquered and nearly civilized by white people. But when Indigenous people stand up for who they are and for justice, they are attacked and put down by force with the support of those same tolerant Canadians. So long as Indigenous people are satisfying Canadians' self-created historical fantasy and living the identity Canadians have created for us, we are safe. But if we act to preserve our own identity and rights, we are a threat. In the so-called "1990 Oka Crisis" Mohawk people were attacked with armed force by Quebec police and our communities laid siege by the armed forces of Canada because we stood in defence of an ancient graveyard (the rule of law was again suspended for Indians). And now, the Mi'kmaq are being attacked violently for acting on a subsistence right to fish, a right formally recognized by the Supreme Court.

When push comes to shove, the government of Canada doesn't care whether an Indian is right, it always moves to set aside its Constitution and defend with force the violent and illegal interests of the white population - truth and justice count for little. The legal processes Indigenous people have been encouraged to trust to achieve justice are worthless when the government begins to contemplate abandoning the rule of law whenever we are proven to be right. The thin veneer of toleration has been pulled back to expose the greed and selfishness that are the true core of Canadian attitudes toward Indians, and the foundation of government policy.