Taxation, Land Act protested at Earth Day rally

Page 1

More than 250 people gathered at the offices of the Ontario provincial government on Earth Day to fight for treaty and aboriginal rights.

The protest, organized by Toronto's Native Canadian Centre and attended by different Native organizations focussed on First Nations right not to be taxed by the Canadian Government, on or off reserves.

"Our relationship with the government is defined," said Richard Kahgee, chief of the Chippewas of Saugeen, who attended the rally. "We are two sovereign nations that don't pay taxes to each other."

Shouting "no Tax" demonstrators rallied outside Queen's Park for hours, with groups drumming, singing and carrying placards. Later in the day speeches were made from the steps of the government building.

"Mother Earth Day for us is everyday," Cliff Summers, executive director of Toronto's Aboriginal Legal Services told the crowd. "This is how we define who we

are as a people - through our connection to the earth."

People attending the demonstration were concerned with three basic issues: taxation on and off the reserve, privatization of reserve land, and the transfer of First Nations issues from federal to provincial jurisdiction.

Status Indians in Ontario are not required to pay PST or GST now but that depends on the willingness of retailers to honor status cards, said Trish Roman, spokes- woman for the Native Canadian Centre.

"People have always resented the fact we don't pay taxes. But they don't realize it was agreed upon a long time ago that it would be that way," Roman said.

Alan Redway, vice-chair of the House Committee on Aboriginal Affairs in Ottawa, said there is no recommendations for reserve land to be privatized.

"There was a study with respect to housing," said Redway in an interview. "There are difficulties on reserves in financing construction of homes and we recommended the whole system of financing be studied but there was no recommendation about privatization. We want to make it possible for people on reserves to obtain mortgages to fund the construction."

And the concern about transfer of power to the provincial government stems from the recent confrontations in New Brunswick when that government tried to tax status Indians off reserve, a decision which was later revoked.

"They want to make the Native people the responsibility of the province instead of the federal government," said Roman. "As long as the federal government is in control, it's universal, but if it's provincial...that's the direction they're moving in and they're going ahead on this without feedback from the Native people."

Redway said there has been government efforts to talk to Native organizations on the subject of taxation, but he is not aware of any bill, act or proposal in front of the government right now concerning the taxation issue.

Maureen Bulbrook of Hamilton attended the afternoon demonstration to protect her rights.

"In our treaties they've stated the Native people are not to pay taxes," she said. "Why should we give up something that is our right?"

Court upholds treaty rights to fish commercially

Page 1

Dina O'Meara, Windspeaker Staff Writer, Southampton Ontario

A landmark ruling in the Ontario provincial courts has ratified Native rights to fish for trade and commerce.

On April 26 in Toronto, Judge David Fairgrieve exonerated two Nawash Chippewa fishermen from charges laid in 1989 of selling fish over their licensed quota. In his decision, Fairgrieves upheld Aboriginal treaty rights to fish commercially, acknowledging Native history of trade and barter.

Fairgrieves also ruled unconstitutional a band imposed by the Ontario Ministry of Natural Resources on the sale of fish caught by Nawash and Saugeen fishermen. The 1992 ban is in breach of Native treaty rights, Fairgrieve declared.

"This is a recognition by the province of a long-standing agreement that has been ignored too long. The decision also sets a precedent for other First Nations," said a jubilant Saugee Chief Richard Kahgee.

With the recent judgment upholding Aboriginal treaty rights to fish for commerce, Saugeen First Nations negotiators anticipate the ministry will lift the ban and negotiations can continue between the two camps.

"This represents an opportunity to get involved in a community action that has been denied to our people for centuries," said Kahgee. "We will interpret (the judgment) and work through the process with existing users, that is, Native fishers, commercial fisheries and sports fisheries."

The first step in the process is to assess community needs and priority allocation of fishing rights, Kahgee said. This will be achieved by working with marine biologists and other environmental scientists, as well as working with neighboring communities.

Opposition Groups

But the bands face stiff opposition from powerful lobby groups in the province. The Ontario Federation of Anglers and Hunters has followed a strong campaign against recognition of Native hunting and fishing rights, both through their federation newsletter and in media releases. Other opposition groups include tourism operations and commercial fisheries lobbies. As these groups generate large revenues and spin-off service industries in Ontario, they wield an economic clout the Native community lacks, said Kahgee.

"It causes me concern as chief where third party intentions have much influence on provincial policies," said Kahgee.

Fairgrieves agreed. In his decision, the judge wrote "Scrutiny of the government's conservation plan discloses that anglers and non-Native commercial fishermen have in fact been favored, and that the allocation of quotas to the Chippewas of Nawash, much less the Saugeen Ojibway as a whole, did not reflect any recognition of their constitutional entitlement to priority over other competing user groups."

The judgment reiterating Native rights puts bands one step closer to self-government and co-management agreements with provincial governments, said a Nawah fisher.

"The ball is in our court now," said an optimistic Chief Ralph Akiwenzie. "A lot of our rights are being eroded. Through this legal experience, we have learned a lot and it has empowered us," he said.

Restrictive fishing was "totally inadequate" quotas imposed by the government were attacking the band's identity and culture, Akiwenzie said.

Quota arbitrary

The ban was just one more act in the government's relentless incursion of Ojibway rights since the 1800s, said band lawyer Peggy Blair. In 1960 fishing quotas were imposed, restricting Native harvest while encouraging sport fishing. By 1984, the Nawash band was limited to harvest 4,500 kilograms of fish, a total approximate income of approximately $20,000 for 15 fishing families. The quota represented a severe cut from the 18,000 to 27,000 kg previously harvested. The Saugeen band had never been granted a commercial license.

Fairgrieve comments that the 1984 quota was arbitrarily and politically motivated, being made without any biological basis. The establishment of sports fisheries in the area, breeding and releasing hybrid trout, appeared to influence the ministry's decision to limit Native fishing, the judge added.