Top News - September - 2001
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Kootenai rider Marlin Burke rides ahoop and
long arrow course during the 2001 International Traditional Games
on Montana's Flathead Indian reservation on July 26 to 29. The
games will come to Morley, Alberta next July to coincide with
the sixth World Indigenous Peoples Conference on Education.
Photo Credit: Ron Seldon
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Canada's actions speaks louder
than words,
Erin Culhane - Guest Column
Referen-dumb in La-la land-
Editorial
THE ENTIRE CONTENTS OF WINDSPEAKER'S SEPTEMBER
ISSUE
ARE ONLINE IN THE ARCHIVES - ACCESS IS RESTRICTED TO SUBSCRIBERS
ONLY.
CLICK HERE FOR ONLINE SUBSCRIPTION
INFO.
Raid!
By Paul Barnsley
Windspeaker Staff Writer
Kamloops, BC
A pre-dawn raid outside of Kamloops saw provincial Ministry
of Transportation and Highways workers dismantle a camp set up
by First Nations people as a base of operations for protests
of the expansion of the Sun Peaks ski resort
Two RCMP officers stood by during the raid at 5:30 a.m. on Aug.
28, which provincial officials say was prompted by safety concerns.
There were no incidents and no arrests, although the occupants
of the protest camp were not allowed to remove their personal
property, said Union of British Columbia Indian Chiefs president
Stewart Phillip.
The dismantling of the camp prompted Native Youth Movement activists
to occupy the Ministry of Transportation and Highways office
in Kamloops later that day to make it clear "this is unceded,
unsurrend-ered traditional territory. Therefore, government,
the RCMP and Sun Peaks have no authority on our lands."
The claim that safety concerns were the reason for the removal
of the camp doesn't ring true with Phillip. He said the area
in question was the site of the original protest camp, begun
on Thanksgiving Day last year, and during that time no safety
concerns were raised. He said several weeks after the site was
first established the resort management asked the protesters
to move to another location because they objected to its high
visibility. The protesters agreed.
"The resort had another piece of land which they referred
this group to, slightly up the road," he said. "It
was a much less visible site."
The protest camp remained at that second site until early July
of this year. At that time, four people were arrested when police
carried out a court order to remove the protesters.
"What precipitated those four highly publicized arrests
was the ski resort had very quietly, unbeknownst to the First
Nations communities in the area and contrary to the Delgamuukw
requirements, the ski resort had acquired a licence of occupation
for that particular spot of land. Previous to that that location
was Crown land," he said. "So the ski resort acquired
a sort of tenure over that land and then indicated they needed
that property to install some sewage and water works and started,
by correspondence, to ask the people in the camp to move. Of
course, there was some resistance to that."
After the arrests, the camp was moved back to the original site.
"The provincial government and the ski resort operators
were aware the camp was going back to the original site but they
never expressed any safety concerns at that time," Phillip
said.
But after just over a month, the province decided the camp was
in a location that threatened public safety.
Phillip said the ski resort owners have been pressuring the province
in recent weeks to end the protest.
"So within the last week," he said on Aug. 28, "the
Ministry of Transportation and Highways has written to the Neskonlith
band and indicated a safety hazard due to its proximity to the
road and they were requesting its removal."
Phillip attended a meeting at the camp on Aug. 20 where protesters
and provincial officials discussed the matter. He said the discussion
led to an agreement that signs would be posted near the site
to warn drivers to slow down and the protesters would move the
structures on the site back from the road side.
"Also, there was a general understanding and agreement that
there would be a further meeting to nail down the details of
exactly how far back they had to move from the road," he
said.
But when the Native Youth Movement decided to block a highway
leading to the resort on Aug. 27, slowing traffic and angering
local residents, the situation changed, Phillip said. Having
been tipped off the night before that the roadblock would occur,
Phillip drove from Penticton to Kamloops and arrived just before
the demonstration began.
"There was a great deal of tension and hostility. The RCMP
arrived about an hour after it started. Eventually the protesters
took down the barricade . . . it was probably three-and-a-half,
four hours in duration," he said.
Local residents met with the RCMP to show their displeasure with
the roadblock.
"The RCMP got thoroughly roasted for not moving more quickly
to bring it down," Phillip said.
Phillip believes the pressure from the resort owners and the
public played a role in the decision to dismantle the camp.
"Up until this point there was dialogue and correspondence.
The general feeling is it's a pretty provocative move to move
in in that manner," he said. "The general approach
in these matters is there's a court order issued and an enforcement
order and the RCMP move based on the instructions in the court
order and enforcement order. There's time for discussion and
dialogue in the interim."
He said recent police actions had been done without a court order.
"It's not only provocative, it could prove to be dangerous,"
he added. And it may prove to be a rallying cry to other First
Nations people.
Many Native people in the British Columbia Interior who had previously
chosen not to join the 11-month-old protest at the Sun Peaks
ski resort are now thinking of participating.
"That's what I've heard," said Phillip. "I've
heard that it's going to be re-established."
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Chiefs favor "tinkering" with act-Dorey
By Paul Barnsley
Windspeaker Staff Writer
Edmonton
Dwight Dorey, the chief and president of the Congress of Aboriginal
Peoples (CAP), wants to introduce some new ideas to the First
Nations governance debate.
"The Royal Commission on Aboriginal Peoples' recommendations
envisioned reducing the number of First Nations from 633 to 70
or 80 across the country," he said. "The 55 or so Mi'kmaq
bands in Eastern Canada are not First Nations. There's only one
First Nation and that is the Mi'kmaq Nation. Until the chiefs
and people realize that, we're going to keep having these problems."
Dorey said he is advocating a return to traditional tribal governing
entities, the governing bodies the original Indian Act set out
to break up and destroy in the name of assimilation by imposing
the band council system. But he believes the government must
be willing to consider opting back in to tribal governance if
Indian Affairs Minister Robert Nault's decision to consult Native
people is to be taken seriously.
"We don't have any assurances," he said. "But
the fact we're in this process and we have this [consultation
funding] agreement indicates to me the minister is willing to
at least listen to us."
The CAP national chief-the organization is phasing out mainstream
titles like 'president' and 'vice-president' in favor of more
culturally appropriate titles-was in Edmonton lobbying the Liberal
Party of Canada's national caucus on Aug. 23 when he met with
Windspeaker.
The lobby group that speaks for non-status and off-reserve First
Nations residents and some Métis people had signed an
agreement to accept $985,000 in governance consultation funding
from the Department of Indian Affairs in late June. Dorey said
the organization will send most of the money out to its regional
organizations. They will host local consultation sessions. A
national forum on governance will be held in conjunction with
CAP's two-day annual general meeting Oct. 19 and 20 in Aylmer,
Que.
Many of the most pressing issues facing First Nations people
occur off reserve. Statistics Canada numbers for 1996, the most
recent data available, show that 73 per cent of the people of
Aboriginal ancestry in Canada do not live on reserve. Dorey expects
his membership will use the consultation sessions to tell the
minister that he has to reverse government policies towards off
reserve people in any legislation that can legitimately be said
to reflect the needs of grassroots people. One policy the government
has adamantly clung to-the idea that the department is responsible
only for status Indians living on reserve-will definitely have
to go, he said.
Nault has said repeatedly he has no hidden agenda, that he is
only interested in improving life for First Nations people by
strengthening their governance structures. First Nations leaders
have stated they doubt that claim. They say they disagree with
the government on so many fundamental points they can't see how
the government can be trusted to do anything that won't do irreparable
harm to Aboriginal and treaty rights. Nault counters by saying
the chiefs have a vested interest in keeping things as they are.
Assembly of First Nations National Chief Matthew Coon Come has
accused the minister of "tinkering" with the Indian
Act and dealing only with the federal government's needs without
trying to address the issues that matter most to Native people.
Dorey is willing to give the minister a chance to prove he is
sincere.
"I believe from meetings I've had with him that he has a
different approach and it is results oriented," he said.
When he accepted the money from the government, Dorey was aware
First Nations chiefs were boycotting the consultations. Since
so many of the issues facing the people he represents tend to
involve conflict with the positions of chiefs and other on-reserve
officials, Dorey wasn't too worried that he was pulling in a
different direction than the chiefs.
'I didn't see it as a problem. I saw it as an opportunity. It's
not like I have a strong, cozy working relationship with the
AFN," he said. "I did receive a letter from Matthew
Coon Come when he learned we were entering into consultations.
He wanted to meet and discuss the matter. But after Halifax,
things changed and I haven't heard back from him."
At the AFN's Halifax meeting in mid-July, the chiefs changed
their approach, deciding to set terms under which they would
agree to participate in the consultations. Meetings between Indian
Affairs and the AFN have occurred. The minister agreed to suspend
all consultation sessions on First Nations' territories while
the two sides hammer out an arrangement that will allow First
Nations to participate. Sources in Ottawa say information about
that arrangement will not be made public until the first week
of September at the earliest, after Windspeaker deadline.
Dorey believes the chiefs will try to limit the scope of any
possible changes to the Indian Act.
"They like the system," he said. "The Indian chiefs
and councillors like the system. They want minor changes and
that's it. That's all the chiefs want, a little bit of tinkering
and that's it. I want to send a clear message to chiefs and councils
at the band level. If you're serious about self-government, take
a look at nationhood, not this band council thing."
The minister has described the First Nations governance act as
an interim measure to deal with governance deficiencies in the
Indian Act while First Nations complete self-government agreements
with the Crown. Windspeaker asked Dorey if it makes sense to
interpret the minister's decision to include the off-reserve
organization in the consultations as a sign that off-reserve
people might one day negotiate a self-government agreement. He
said he believes a true nation-based government would claim jurisdiction
over- and take responsibility for-its off-reserve members in
a way that band councils have so far failed to do. It's an issue
he dealt with in his 1993 master's thesis (he holds a master's
degree in Canadian studies from Carleton University).
"The manifestation of self-government in terms of services
provided will have to be different for (Mi'kmaq Nation) members
living in urban areas than for those living in homogenous, relatively
small Mi'kmaq reserves and settlements," he wrote. "What
is under active study in this regard is the possibility of entering
into agreements with municipalities and provinces to share responsibility
for providing health, welfare, education and other vital services
to those Mi'kmaq living in cities and towns."
Dorey, a former band councillor on his home territory, the Millbrook
First Nation near Truro, N.S., is a veteran off-reserve activist.
He believes the chiefs will fight change to the present system
simply because they could lose power and influence. But that
doesn't lead him to conclude that all First Nations leaders are
corrupt , a conclusion many mainstream commentators have reached.
"I think that's been blown way out of proportion,"
he said. "Sure, there are problems. But show me a place
that doesn't have problems."
He believes First Nations have abandoned their off-reserve members
because the funding levels are so low they're forced to make
unpleasant choices. He hopes off-reserve residents will finally
be heard by First Nations leaders and government officials during
the consultation process and points to the fact that little attention
has been focused on off-reserve residents so far.
"I haven't heard of any band calling any meetings to discuss
this with off-reserve people," he said.
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