The Aboriginal Newspaper of British
Columbia & Yukon
Top News - September -2002
Published September 23, 2002
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Photo by Adam Honsinger |
Fine levied for illegal hunting
City gathering heldThis is only a partial listing of the stories featured in the September 2002 issue of Raven's Eye. If you are not receiving your own copy of Raven's Eye, then you have missed out on a lot.
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Squamish win caseRaven's Eye Staff, North Vancouver
The Squamish people are buoyed by a recent British Columbia Court of Appeal decision returning land that was expropriated from them at least a century ago.
The five-judge court was unanimous in upholding a lower court decision to restore 10.7 acres to the former Kitsilano Indian Reserve to the Squamish Nation's reserve lands. The parcel is located next to the Molson Brewery underneath and beside the Burrard Street Bridge.
The Aug. 28 decision returns land taken by the Canadian Pacific Railway in 1886 and 1902, which it tried to sell in the late 1980s.
Originally three First Nations made a claim to the land, but in 2001 the Federal Court ruled the reserve at Kitsilano Point is Squamish. As a result, the Court of Appeal ruling restores the land to them.
Chief Jacob, the Squamish Nation's lands claims co-ordinator, noted "this court decision represents the strength, wisdom and foresight of our ancestors and will help our chiefs and council of today secure a future for our children and our children's children." His remarks made reference to former chief Joe Mathias, a long-time defender of Squamish land rights, who died March 10, 2000.
Fine levied for illegal hunting
Raven's Eye Staff, Williams Lake
A Squamish First Nation member has had a $2,400 fine levied against him by the Williams Lake Provincial Court for illegal hunting.
Originally James Andrew, a Coast Salish man, was charged with six counts under the Wildlife Act, but half the charges were dropped. Andrew pled guilty Aug. 6 to two counts of illegal possession of dead game and one of hunting on someone else's license.
A non-Native man, Kerry Webster of Squamish, had charges stayed by the Crown.
Conservation officer Andrew Anaka, in court for the decision, recognized the legal right of First Nations to hunt year-round, but said that right can only be exercised within the hunter's traditional hunting grounds.
Andrew claimed he had the permission to hunt on traditional Tsilhqot'in lands near the Alexandria reserve on Nov. 7, 2001, where he bagged an antlerless mule deer and a two-point mule deer out-of-season. In addition, a bull moose was in the back of the truck occupied by Andrew and Webster that was detained on Hwy. 97 south of Williams Lake.
Anaka said, "The Supreme Court of Canada has said that Native hunting rights are a communal activity and those rights are to be exercised in a Native (hunter's) traditional hunting territory." He added, "It's a communal right. A single person cannot give permission."
The court heard that Andrew produced a limited entry hunting permit for the moose, making it a legal kill. But he also showed the same type of permit in his brother's name, telling conservation officers that his brother had shot the doe and gone ahead of them in another vehicle. The next day, when Squamish officers interviewed the brother, they were unconvinced he was a hunter.
City gathering heldRaven's Eye Staff, Vancouver
United Native Nations held a signing ceremony on Aug. 29 in Blood Alley in Gastown, which is the alley at the 30 block of Cordova Street.
The unusual venue was chosen to highlight a partnership witnessed on that day by Aboriginal and non-Aboriginal groups, agencies and government representatives, who have elected to work together for positive change in the Downtown Eastside.
The public was invited to what was billed "a family and community event, with traditional regalia, drums and music." A feast of course was part of the afternoon event, following the signing ceremony.
They began at noon with a grand entrance by veterans and Elders. An announcement followed recognizing the Elder King and Elder Queen chosen this year at the July Elders' Gathering at Saanich. They are Gitksan Elder Ken Harris and Cree Nation Elder Margaret Harris.
In addition to United Native Nations representatives, the signing ceremony included speakers Chief Dwight Dorey of the Congress of Aboriginal Peoples; Stephen Owen, Liberal MP for Vancouver Quadra; Don Lee, deputy minister for the city of Vancouver; and Jeremy Berland with the Aboriginal Strategy & Community Services Branch, Ministry of Children and Families.
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Denise Ambrose, Raven's Eye Writer, Port Alberni
Attorney General and Minister Responsible for Treaty Negotiations Geoff Plant stopped in Port Alberni on July 30 during his tour of British Columbia First Nations treaty tables. His message: "This visit is a small step of reaffirming that we, as the province, are willing to look at new ideas and look at old ideas in different ways (with respect to treaty negotiation)."
Plant was met with a barrage of pointed questions from Nuu-chah-nulth treaty negotiators.
The delegation wanted to know when the province would get back to the negotiating table and what its mandate would be.
Co-chair Nelson Keitlah opened with a prayer and Tseshaht Chief Councillor Dave Watts welcomed the attorney general and his delegation to Tseshaht territory.
Watts, speaking on behalf of the Nuu-chah-nulth treaty table, reviewed the eight questions in B.C.'s controversial referendum, giving their perspective on the validity of the questions.
"We started negotiations in 1995," said Watts. The only reason we stopped is because you guys got elected, then you said you had to have a referendum, and now you're having mandate issues. It's not us that stalled the process. You are trying to project an image to the public that you are kick-starting the process when it was your government that stopped it in the first place."
Plant thanked the Tseshaht for welcoming him to their territory. "I am not here to negotiate in any detailed sense," he said. "I am here as a representative of B.C. to restate our commitment to restart the treaty process." He declared that the referendum did important things for them as a province. "The referendum was conducted on the basis of our commitment to undertake and continue the treaty process. It will help us as one of three parties to move forward in the treaty process. We have a set of principles that the public supports, and these principles are not straight-jackets. They will not tie our hands but they will give us tools to move forward," he said. Plant added that he was hopeful that there would be a response (counterproposal) from the Nuu-chah-nulth by September.
Plant then heard the comments and questions of Native negotiators. Cliff Atleo Senior said, "We need to stress the importance of acknowledging our governance. It irks us that B.C. says it's going to give us governance in interviews . . . not true. Governance is not up for negotiation.
"There is perception out there that B.C. and Canada are giving us something. You need to understand our perspective . . . our Ha'wiih own the land; if this were not true you would not be at the table."
He asked Plant to clarify his government's position on recommendation 16 (interim measures) of the province's task force report.
"Ten years ago," said Atleo, "we implemented this recommendation so that economic development activities could proceed in the province and allow for the protection of our resources while they are being negotiated during the treaty process."
"Interim measures could be talked about in terms of incremental treaties," replied Plant, "Why not build a treaty chapter-by-chapter? I'm not imposing, but saying it's an option that may be appropriate."
On the issue of economic certainty, Atleo had this to say: "The economic certainty that NCN has to offer will depend on what B.C. recognizes and affirms . . . we are in favour of certainty but not if it is only in B.C.'s or Canada's interest."
Plant was asked about the issues of compensation, co-management of resources and revenue sharing. He replied that the reason business is reluctant about co-management is because it thinks it means more management and government involvement.
"I think there are ways that we can acknowledge the NCN role," said Plant.
"Sometimes compensation means to make up for all damages that occur since the activity occurred. I don't think this is achievable if it means payment for everything taken in the last 100-200 years. The public will not accept this. We can talk about the white man taking what is yours without your permission," he said.
Ahousaht negotiator Shawn Atleo asked if B.C. is willing to recognize and acknowledge Nuu-chah-nulth government. This question will not go away, he pointed out.
"I do not want to give an answer to that question that might raise expectations," said Plant. "We have the willingness to discuss it on an exploratory basis and see if we can get to a new place."
"If you want certainty on the table then governance has to be on the table. That is our position," said Huu-ay-aht negotiator Robert Dennis. "We understand the concepts of political entrenchment and satisfying your constituents. B.C. really has nothing to give to First Nations because it is ours to begin with. It remains to be seen how negotiations will go, and I will not go out on a limb either to tell you what it is going to be like. We are prepared to take a look and negotiate . . . to see what is possible in these fragile times."