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Top News - May - 2004
Published May 10, 2004
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Battle over-Supreme Court refuses to hear Benoit case
Exceptional youth recognized at awards gala
New paper a voice for youthThis is only a partial listing of the stories featured in the May 2004 issue of Saskatchewan Sage. If you are not receiving your own copy of Sage, then you have missed out on a lot.
Battle over-Supreme Court refuses to hear Benoit case
Debora Steel, Sage Writer, Edmonton
With six simple words on April 29, the Supreme Court of Canada ended a 12-year battle over the off-reserve, tax-exempt status of Treaty 8 people.
"Dismissed with costs to respondent" was the only direction from the Supreme Court to those seeking leave to argue Benoit versus the Crown before Canada's highest court.
The Benoit case set out to persuade Canadian courts that the First Nations people who signed Treaty 8 in the 1890s understood the agreement would "not open the way to the imposition of any tax." They argued that the promise, as written by the treaty commissioners in a report in September 1899 to the superintendent general of Indian affairs, not only provided tax-exempt status to on-reserve members, but provided that tax-exemption to Treaty 8 people who lived, worked and operated businesses off-reserve.
At trial the Federal Court of Canada found in favor of Benoit, but its decision was overturned by the Federal Court of Appeal. Treaty 8 was hoping the Supreme Court would put to rest the question.
With leave to bring the case forward denied, the appeal court ruling stands, and that doesn't sit well with First Nations leaders who say the taxation issue remains unresolved for them.
"You know, we were having a good fight and, for whatever reason, this fight was supposed to go three rounds. We won one, they won one round and I believe we could have won the third round, but, for whatever reason, they decided to shut the lights off and we can't go there," said Chief Jerry Paulette of Smith's Landing.
There are 40 First Nations in the Treaty 8 area, which runs in a strip across northern Alberta and into northern Saskatchewan and British Columbia. Smith's Landing is the only Treaty 8 nation in the Northwest Territories, and Paulette was responsible for the Benoit file on behalf of the Treaty 8 First Nations of Alberta.
The case was launched in 1992 by Gordon Benoit from the Mikisew Cree Nation in Alberta, but had grown to include plaintiffs representing 13 of the 23 Treaty 8 First Nations in that province. Paulette said the Treaty 8 nations in Saskatchewan and British Columbia were supportive of the case, but had not participated because of a lack of resources.
Paulette was frustrated that the court dismissed the case without giving cause, which is the standard practice.
"The Supreme Court judges don't tell us why they are not going to hear it, so we can't technically take them to task on some of their reasoning or rationale for not hearing it, 'cause they aren't providing a reason. They are just saying 'We don't want to hear it.' And it's unfortunate," said Paulette.
Archie Cyprien, grand chief of the Treaty 8 First Nations of Alberta, said it was sad the issue has not been fully addressed. He told Saskatchewan Sage his organization had to regroup and assess the situation to determine what other steps could be taken, now that the Supreme Court had effectively blocked the way on the legal front.
Chief Rose Laboucan, grand chief of Lesser Slave Lake, was pushing for political action to begin immediately.
"I think there is a political strategy we could put together and to lobby Paul Martin's Liberal election platform right now."
She said First Nations had to press the prime minister on the commitments he made at the Canada-Aboriginal roundtable held in Ottawa on April 19, where Martin said he wanted to renew and strengthen the covenant between Canada and First Nations.
"I feel we should lobby his platform and if he was really serious about those roundtable discussions in Ottawa, and hopefully it wasn't just a show, that he will listen to what we have to say."
Cyprien agreed.
"We will have to consider the political aspects. I was also involved in the roundtable discussions in Ottawa, so the discussions around that table dealt with economic development and opportunities and a better working relationship with First Nations people and the federal government, and these decisions don't help in terms of forwarding those efforts ... In my opinion, I thought the roundtable discussions had an opportunity, more so than in the past, and I thought that was genuine, but decisions like this [of the Supreme Court] doesn't help the efforts that are being put forward."
Paulette had some hope that the Supreme Court decision didn't shut the door on the issue forever.
"The Crown can negotiate. All they, basically, have to do is be creative about how they would want to negotiate this thing ... I know Treaty 8 would be more than glad to negotiate their treaty rights and implement these treaty rights. Ultimately, at the end of the day, the court, we know, is only going to say, 'Yeah, there might be an existing right.' And usually they leave it up to the parties to try and work out some kind of arrangement on the ground."
Exceptional youth recognized at awards gala
Sage Staff , Saskatoon
The efforts and accomplishments of young people from across Saskatchewan were officially recognized on April 30, as the sixth annual SaskTel Aboriginal Youth Awards of Excellence were handed out.
The theme of this year's awards ceremony was Honouring Our Heritage by Building Leaders for Tomorrow, a suitable sentiment for an event recognizing the accomplishments of a group of outstanding Aboriginal youth.
Awards were handed out in 11 different categories this year: education, community service, performing arts, leadership, recreation, outstanding achievement, sports, spirit, fine arts, culture, and innovation.
This year's recipient in the education category was Jennifer Buffalo from Whitecap Dakota First Nation. Buffalo, who hopes to study medicine after graduating from high school, is in Grade 11.
Buffalo has been enrolled in the advanced secondary program since Grade 9 and the academically talented program since Grade 5. She has been an honour role student for the past three years, but still manages to find time for community work, volunteering at the Royal University Hospital and being involved in Junior Achievement.
Buffalo is also an accomplished athlete, playing competitive fastball for the past six years, five of those years at the top of her division. This year she will play at the midget A level with the Saskatoon Selects. Buffalo is also a talented artist, and recently won an art contest which will see her entry featured in the University of Saskatchewan's Aboriginal student handbook for the coming school year.
The award in the community services category was presented to Jennifer Bishop, a Grade 12 student from Bedford Road Collegiate in Saskatoon. Bishop received the award in recognition of the many hours she had dedicated to assisting the community, from fundraising for charities to helping out with church functions, to volunteering her time with Aboriginal organizations.
Bishop, who hopes to pursue a career in acting, directing and scriptwriting, has been a volunteer with the Saskatchewan Native Theatre Company's Circle of Voices Aboriginal youth program. She has also volunteered with the Kids Help Phone and Canadian Blood Services, and has been a member of the White Buffalo Youth Lodge's youth advisory committee.
A group of 10 talented young people took to the stage to receive the SaskTel Aboriginal Youth Award of Excellence in the performing arts category. Chad Bear, Evan Bear, Sydney Bear, Kayla Bear, Chantelle Bear, James Dreaver, Dreanna Dreaver, Adam Primeau, Nikki Primeau and Jo lynn St. Denis are members of the Muskoday Northern Lights Square Dancers. The group members range in age from 14 to 18, and have been performing together for the past eight years.
The Muskoday Northern Lights Square Dancers have performed for audiences across Saskatchewan, Alberta and Manitoba, and have even travelled south to North Dakota. And while the members are dancers, entertainers and competitors, they are also teachers, dedicated to passing on their knowledge and love of square dancing to other young people in schools and First Nation communities.
This year's Leadership Award was presented to Sean Cheecham of Clearwater River Dene Nation. Cheecham is an accomplished athlete who works to strike a balance between sport, academics and tradition. He speaks Dene fluently, and maintains a strong connection with the land.
Cheecham, who hopes to study police science after graduating from high school works to keep his marks up to help ensure that that goal can become a reality. In 2003, Cheecham took part in Encounters Canada, a week-long program that allows youth from different regions and backgrounds to get together and learn about and from each other.
On the sports front, his laurels have been many, from being named the most valuable player in soccer, wrestling and track at Clearwater River Dene school, to recognition as the most outstanding wrestler in Saskatchewan in 1996, to being a six-time gold medallist at the Saskatchewan provincial wrestling competition.
This year's recipient in the recreation category was Kristen Charles of Lac La Ronge First Nation. Charles is another student who has worked hard to balance her education, family and culture with her commitment to the community. She has received the Northern Saskatchewan Achievement Award in recognition of her academic successes, and was a delegate and youth organizer for the annual Lac La Ronge youth conference.
Charles has also participated in the Encounters with Canada program, and has volunteered her time to a number of community events, including the Cameco dog sled race, the winter and summer games, the La Ronge Winter Festival, winter survival camps, Treaty Day events and community cleanups. Charles is also a member of the RCMP Community Cadet Corps and volunteers her time at an Elders long-term care ward.
The award for outstanding achievement was presented to Kesha Larocque of Waterhen First Nation. The 17-year-old was valedictorian of her graduating class at Waweyekisik Education Centre last year and is now enrolled at Nutana Collegiate where she is taking some science courses that weren't offered at her high school.
Larocque received the Outstanding Achievement Award in recognition of her many accomplishments in her academics, her commitment to the community and family, and her dedication to her culture. Larocque received the Waweyekisik Education Centre Proficiency Award in grades 1 to 12, and was named Student of the Year in grades 10, 11 and 12. She also received the school's Leadership Award in Grade 12. She twice received the Waterhen Lake First Nation Chief and Council Award, and was named Waterhen Lake First Nation Woman of the Year.
Larocque, who dances powwow, also served a term as a Federation of Saskatchewan Indian Nations Indian Princess, and received the Meadow Lake Tribal Council Academic Excellence Award.
Little Pine First Nation's Janelle Pewapisconias was the recipient of the award in the sports category. The 18-year-old is currently completing Grade 12 at Cut Knife high school and will be enrolling in the University of Saskatchewan's College of Engineering in the fall.
Pewapisconias is involved in a number of sports. She has been figure skating since she was 13, and has been taking part in horsemanship and barrel racing competitions since she was 14. She has played volleyball for the past six years, and is also involved in soccer, basketball, badminton, shinny and track and field. She is also a member of her school's jazz dance club and drama club, and is involved in the local chapter of Students Against Drunk Driving.
The award in the spirit category was presented to Cornell Herman of La Loche. Herman, 19, is attending Joe Duquette high school in Saskatoon where he is undertaking a healing journey. He has taken part in a number of celebratory and ceremonial events at the school, which have helped him to overcome the challenges he has had to face.
Herman is described as an energetic, respectful and generous young man who demonstrates leadership and welcomes opportunities to share stories of his healing with other Aboriginal youth as a way to help them make better choices and to feel pride in their culture.
Celeste Desjarlais of Fishing Lake First Nation received the award in the fine arts category.
Desjarlais is an 18-year-old student at Mount Royal Collegiate in Saskatoon who demonstrates her artistic talents at every turn, from carefully and accurately rendered drawings in her biology class, to works created in art class, to working behind the scenes to create make-up, costumes and sets for drama productions.
Desjarlais did make-up design for a production of Macbeth, designed masks for use by a children's theatre, worked on the set design for a school drama production. She also writes for the school newspaper, the Mount Royal Trumpet, and took part in the Mount Royal art fair and in the Mendel Art Gallery's Art for Life project. After graduation, Desjarlais hopes to pursue a career in medicine or dentistry.
The award in the culture category was presented to Tashenna Sky Bison of Ocean Man First Nation. Bison is a 14-year-old student attending Ocean Man Education Centre. She was recognized with the Culture Award in recognition of her commitment to her culture and her work to share her culture and knowledge with others. In the winter months, she travels to communities to dance, sing and take part in round dances. In the summer, she takes part in jingle dress dance competitions. In 1999, her commitment to her culture earned her the Miss Heartbeat of Nations crown.
Bison is also a talented singer, and has made recordings with both Lodge Creek and the Eagle Claw Singers. She has also had the honour of representing the sacred buffalo calf pipe, participating in Sundances as the pipe girl. After high school, Bison plans to pursue a career as an educator.
Kahkewistahaw First Nation's Hollie Lemieux received the award in the innovation category. Seventeen-year-old Lemieux is a Grade 12 student at Saskatoon's E.D. Feehan high school, where she is successfully enrolled in both the French immersion program and the advanced English program.
Lemieux, who plans to attend the University of Saskatchewan's college of veterinary medicine after graduation, received the Innovation Award in recognition of the initiative she showed when she approached the college with an idea for a research project. She will now be spending her summer completing the project, which will help her toward her ultimate career goal.
Jennifer Chung, Sage Writer, Saskatoon
Chris Tyrone Ross is one busy guy these days. At the ripe age of 24, he is the chief executive officer of his own company, Rez X Publications. After the company's launch in December, Ross' first order of business was to create a newspaper with the same name. The first issue was released in April, but the enterprising young man from Red Earth First Nation already has big plans to expand Rez X readership.
"It's been pretty successful so far. We've got a lot of good positive feedback from the community and a lot of people enjoy reading it," Ross said of the fledgling publication. "Our first issue was only about eight pages, black and white. We wanted to start off small. People see that. We want to show people that we can grow. Here at Rez X, at this stage, we hope to get bigger and hopefully go national in the next two, three years."
Through Rez X, Ross hopes to reach Native youth between the ages of 16 to 30 living in all of Saskatchewan's Aboriginal communities. Along with reaching high school and university students, Ross hopes that his paper will inspire inner city kids currently not attending school to live positive lifestyles.
"I'm just hoping to bring a stronger voice to young people in today's society. They definitely need something to voice their opinions," Ross said. "We'll have stories, like a 20- step guide on how to successfully transfer from the reserve to the city ... so I just hope to make it fun for young people to deal with these types of issues, but also being serious at the same time. I guess the main goal, what I hope to bring to Aboriginal youth, is to be able to educate them, entertain them, empower them and inform them about these types of issues."
In addition to the usual news, culture, sports and entertainment sections, Rez X will regularly feature a section called Eye on the Media that offers a critical look at the way mainstream media covers Aboriginal issues. Another section will be devoted to politics, reported from a youth perspective. Ross said that issues such as drugs, alcohol and peer pressure will be discussed in an engaging and entertaining way.
The editorial team consists of five young Aboriginal writers that keep the content fresh for their readers.
"It's young people who have a real passion for writing ... they're young and they're hungry and they're the ones that are going to bring you all the ideas. They're your ear to the street. Business wise, I have some colleagues of mine who are experienced that can guide me. I think you need a little mix of both," Ross said.
Other projects are already underway. Right now, Ross is planning to produce a documentary on the revival of the Goose Dance, a spiritual ceremony practiced by the Cree Plains people some 50 years ago. Ross may also publish a collection of poems by his late uncle, Russel Charles.
"He left behind with us 200 to 300 poems that are very exceptional, just excellent poetry. So hopefully we'll be able to get that out further this year with the help of the family," said Ross.
Ross is no newcomer to the world of publishing. At the age of 16, he started a newsletter at his high school. As enthusiasm over his project grew and many of his classmates expressed an interest in writing, Ross launched Gen X, a magazine that was aimed at his peers. In 1998, Ross received the SaskTel Aboriginal Youth Award for his achievements in publishing. Last March, he was elected as vice president of the Saskatchewan Aboriginal Youth Council, which works with Aboriginal friendship centres across the province.
For now, Ross remains focused on meeting the challenges that come with being a young entrepreneur.
"Anytime you start a business, you're doing almost everything because this is your life. This is the business, this is the life you choose to lead, and if you stop doing it then the business stops. So you can't sleep, you got to keep going every day."