Irwin slapped with summons by B.C. Natives

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"See you in court, Minister", was the message sent to Indian Affairs' Ron Irwin when he attended the British Columbia First Nations' summit meeting.

Thomas Lindley and Raymond Derickson are taking the minister to court as last resort in what Derickson has described as a four-year fight to present a conspiracy to extinguish Indian people.

Irwin was presented a writ of summons during the May 19 meeting in Richmond, B.C. by the two members of the Westbank Indian Band.

The men accused the minister of breaching his "fiduciary duty" to Westbank community members by pursuing self-government negotiations with the band.

Derickson said the self-government scheme of negotiations has been fraudulently undertaken and the federal government has stood idly by and allowed the process to continue unheeded.

The battle began in 1990 when the chief and council of the Westbank band declared a framework agreement for self-government negotiations had the support of 51 per cent of the Westbank community.

It was also declared that council had been mandated by the community to negotiate the framework agreement.

Derickson insists the framework agreement was not ratified by the band are ongoing without the community's authority.

In April, 1992, 65 per cent of the adult membership of the band made legal declarations that community support for self-government had been misrepresented to the federal government, Derickson said.

A letter sent to then Indian Affairs minister Tom Siddon, who was asked to investigate the matter.

Siddon advised band members to solve their problem at the community level, because Ottawa was satisfied there was sufficient support in the community to continue with self-government negotiations.

To combat the fed's argument, a petition was circulated and signed by 114 members of the band which called for a halt to on-going negotiations, and for a band referendum on self-government.

As well, demonstrations were held at band offices to encourage council to comply with the demands of the petition.

Finally in March 1994, another letter was sent to the Indian Affairs informing current minister Irwin of the absence of informed consent and support for self-government negotiations at the band, and to again request an investigation.

The minister did not respond, Derickson said.

The statement of claim presented the minister with the summons states Irwin had chosen to ignore the concerns of the Westbank band members by failing to investigate, and has breached his fiduciary duty.

There is no comment from the minister's office, because the matter is now before the courts, said press secretary Cate McCready.