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UBCIC NEWS MOWACHAHT POLLUTION BY-LAW HEARING THE LILLOOET DECISION EDDY PETERS' INQUEST AND SUMMER INDIAN GATHERINGS . ONE DOLLAR EDITORIAL We live with anger and frustration . Like brown eyes and brown skin, they have been passed down to u s from our grandfathers, our fathers to ourselves . And we are passing our anger to our children. Ever since we were colonized, our rights ignored , our human worth attacked, our religions maligned, w e have been angry . As long as we are prisoners in our own land, as long as our lives are ruled from the out - side, the anger grows and festers and explodes ; no t against the people deserving of it but inward agains t ourselves . We live with violence . Husbands beat wives, son s beat fathers, and mothers their daughters . Alcoholism, suicide, child neglect, assault, rape an d murder : these are our legacy, our gift from th e colonizers . When my brother protested to my aunt that our cousin was beating his wife, she replied "But that's th e way it is . All the women get beaten . " Acceptance . We have lived with violence for so long we forget that it isn't our way of life . Recently I was privileged to witness the most positive and effective use of anger that I have eve r seen . It was nearing the end of the Mowachat Band' s public hearing (see page 4) . Throughout the long day, Band members went t o the mike to speak of the destruction of their land . They spoke more of grief that their once plentiful an d beautiful land had been destroyed. Their anger wa s tightly controlled . Then Len Mark came to the mike . This young man was angry and every muscle in his body was tensed t o strike . His eyes glinted and sparked . He was a fear- some warrior fighting for life . He directed his frustra- tion and anger at the Tahsis Co . and the government . Every word was a shout which echoes through the hall . His whole body trembled with rage . As I studied the faces of the mowachat-Muchalat people I knew that he was venting the collective ange r of the whole Band . The people were behind him . The impact of his anger was like a collective catharsis, a group cleansing for Band members and observer s alike . The anger that had been so tightly controlle d throughout the day was being released through on e man . His testimony finished, Len Mark aplogized . Mr . Mark, you needn't have apologized . You let g o of your anger and directed it at the people wh o deserved it . For this you are to be commended . The Edito r OUR COVER : During the berry picking season, Theresa Schooner of the Bella Coola Band likes to go t o Tallheo Cannery for berries . Just before this shot was taken she told the photographer, "Stop taking pic- tures and help me eat the huckleberries . There's lots! " UBCIC NEWS The UBCIC NEWS is the official voice of th e Union of British Columbia Indian Chiefs . It is dedicated to building a strong foundatio n for Indian Government by providing an awareness of the political and social issues affecting th e Indians of British Columbia . Signed articles and opinions are the views o f the individuals concerned and not necessaril y those of the UBCIC . Editor: Beth Cuthand Assistant Editor: Pauline Douglas Summer Editor : Violet Birdstone Written Contributions : Leah George, Audrey Dudaward, Ken Michel, Christina Joseph , George Manuel, Darrel Ned, Carmel Nanamaboo,Royalee Tizya , Anfinn Siwallace, Dinah Schooner, Violet Birdstone, John Rogers, Debbie Boggan, Gene Joseph, Louise Mandell , Linda Jordan, Della Wilson, Val Dudoward, Darryl Watts, and Bobby Manuel . Photographs : UBCIC staff where not credited. Typesetting : Penny Goldsmith TABLE OF CONTENTS Editorial 2 Table of Contents 3 Howachaht Pollution By-Law hearings 4 President's Message 5 The Lillooet Decision 8 What Does it Mean 8 Fisheries React 10 Conservation and Management : By-Law Alternatives 1 2 Up-Date 13 Fraud, Negligence and Breach of Trus : Musqueam Band Sues Queen 1 4 John George Diefenbaker 17 Constitutional Talks 17 Do Hunting and Mining Mix? Inuit Say No 1 8 Treaty Hunting Rights Tested 19 Chipping Away at Hunting Rights 19 Fishing Cases : Last Month in Court 20 Peooamk Lake Fish-In 22 Elders Gather at Saanich 23 Stony Creek 24 The Year of the Child at Morley 26 Eddie Peters' Inquest Shows Lack of Compassion 27 CMHC On-Reserve Housing Rip-off 28 Resource Centre 30 In My Grandmother's House 31 Education 32 Mount Currie : Timber Lease and Right of Way 33 Chiefs' Council 34 Band Farm Plans 36 Tsimshian Food Gathering 38 Kincolith: A Northern Reserve 40 The Community News 42 Help Wanted 44 Indian Expressions 46 Politics by Firelight .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..4 7 UBCIC NEWS 3 CAPTION: July 14, the Mowachat Band held a public hearing on their proposed pollution by-law. Commissioners for the hearin g Left to right: Jack Johnson, councillor, Chief Councillor Mary John, Morris McLean, councillor, Brian Amos , Councillor, Hereditary Chief Ambrose Maquinna . MOWACHAHT POLLUTIO N BY-LAW HEARIN G The Mowachaht Band near GoldRiver on Vancouver Island hel d a public hearing about its propose d pollution by-law . The Band hearin g and the by-law are the first of thei r kind in Canada . The precedent - setting move was a result of fifteen years of mis-treatment and broke n agreements . It is an example of ho w industry and government conspire t o destroy the Environment and ignor e the health costs of Industrial develop- ment to people. The hearing was held in the Band Hall across the road fro m the Tahsis Company pulp mill which is the object of the Band's discontent . Representatives of the Pollution Control Board, the Department o f Indian Affairs, National Health an d Welfare and the B .C . Medical Associ- ation and the Pulp and Paper Workers of Canada, the Union repre- senting the workers in the mill , attended the hearing . The Tahsi s Company officials were invited but did not attend the one- day hearing . The hearing was organized by th e Band to allow all sides to express their opinion of the controversial by-law . Throughout the day the stars of th e hearing were the Mowachaht people. It was their chance to go on th e record and they responded wit h powerful testimony . The large ma- jority of the people who spoke neve r talked to more than 4 or 5 people a t one time but their frustration and an- ger over the destruction of their land and the daily effect of pollution over - (continued page 6) UBCIC NEWS 4 PRESIDENT'S MESSAGE The Union of B.C . Indian Chiefs will have been i n existence for ten years on November 17th, 1979 . As yo u will recall, the Union of B .C. Indian Chiefs was forme d by the Chiefs of B .C. for basically two reasons : • To oppose "The White Paper Policy" (Federal Liberal Government Policy) which was meant t o exterminate Indian people in Canada through assimila- ting us into the larger Canadian society . This was supposed to be done through transferring the authority for Indian people from the Federal Government to th e Provincial Government . This would mean that ou r hereditary rights to our Indian reserve lands and uniqu e status would have been eliminated . Fortunately, though, our Chiefs and Indian leaders during that time, saw through this Federal Government scheme and had the wisdom to pull together and begin to organize against this effort of the Government . • The second and equally important reason why the Union of B .C . Indian Chiefs was established by ou r Chiefs was to develop an Aboriginal Rights and Lan d Claims position for Indian people in British Columbia . Since then, your organization has done much work t o fulfill this mandate . We have utilized many approaches . Not all were fruitful, nonetheless though, all has bee n focussed on achieving the objective of our Chiefs . The work done has involved extensive research and consul- tation with our people through workshops, meetings , conferences and various Indian gatherings . As a result, in 1975, a Declaration was adopted which basically declared B .C . as Indian land and that ou r Aboriginal Rights were non-extinguishable . As a result, the Union of B .C . Indian Chiefs has been able to develop an Aboriginal Rights Position Paper that both fits within the framework of the Declaration and addresses the Land Claims question in British Columbia . The Aboriginal Rights Position Paper that has bee n developed through your Chiefs' organization is based on : • Recognition that Indian people are the Origina l People of this land . • Recognition that we are self determined people. • The expansion of our Indian reserve land base . • That adequate amounts of natural resources be made available to Indian people on a continuing basis an d in sufficient quantities . • Recognition of Band Councils having complet e authority. All these areas are regarded as being essential to ou r survival and the development of our Indian cultura l heritage . The Union of B .C. Indian Chiefs Indian Governmen t Portfolio has, during two assemblies, presented an d received endorsement in principle for the Aborigina l Rights Position Paper . On both these occasions ou r Chiefs expressed the desire to have time to analyse it mor e carefully with continuous discussions taking place at th e Band level. At this next Chiefs conference in October, w e have to be prepared to go into final debate for endorse- ment of the Union of B .C . Indian Chiefs Aborigina l Rights Position Paper . Yours in recognition of Indian Governmen t UBCIC NEWS 5 (from page 4) came their fear . Ambrose Maquinna, grandson o f Maquinna, and Hereditary Chief : "We have seen our deer, our fish de - cline . We have seen our nativ e Indian lands being ruined . We have seen our Indian vegetation , medicine and roots, disappear . W e are experiencing severe pollutio n which is of great damage to ou r people especially to our children . We are tired of living in this situation . "This was a real peaceful place t o live . . . .This is where we used t o make our living all the way u p Muchalat Lake, all the way u p Nimpkish Valley . We never used white man's traps . We used snare s for mink, marten, otter, deer, hare , elk. Now today what have we? Ou r food is unsafe. " Then the elders spoke, tracing the history of the Mowachaht people . They remembered the days of inde- pendence as proud fishermen living at Friendly Cove and the mouth of the Gold Rivet . They told of their parti- cipation in the commercial fishery a s early as 1911 ; by 1946 there wer e about 30 boats used by Band mem- bers, from J .H . Todd Company . Able John speaking in his own lan- guage eloquently related the people' s history and the forces which led t o their move from Friendly Cove. The J.H . Todd Company went bankrup t in the mid-sixties and the boats were either sold or destroyed . At the sam e time the people were forced to sen d their children to residential school . The Tahsis Co . entered a 75 year leas e negotiated by DIA with minimum in - put by the Band in 1963 at the Gol d River Reserve . With anger the old man said , "Look at what they've done to us . " All these factors led them to leav e Friendly Cove and live in Gold River . The Tahsis Company agreed to giv e preferential hiring to the Band as wel l as free electricity . Neither promises were kept . Morris McLean "We didn't even know this was to come—to our physical health . We thought it was all money . Sure it's all money to the Tahsis Company . . . .I wish our ancestors were here with us . If they only knew what the pollutio n has done . Let's join together an d fight." Dr. Bob Woollard, chairman of th e Environmental Health Committee o f the B.C . Medical Association sup - ported the band's move . "One thing we in white society hav e not learned yet, is the sense of humil- ity in front of nature that Nort h American indigenous cultures in gen- eral have learned . We have alway s stumbled along thinking that we could find a solution to any proble m that might arise because of a particu- lar development . It has now becom e apparent to anyone that there ar e health costs associated with the kinds of industrial development . We're go- ing to have to search them out be - cause they are not obvious . " Time and time again Band members repeated two sentences, "I am angry" and "I remember " . Louis Howard— "A lot of the moun- tains around here are balding be - cause of the fallout . And that's real- ly depressing . If you look closely yo u see a lot of the trees are dying . That makes me angry . I would think the Tahsis Company would be stepping up on their pollution controls . Th e trees are dying and if any one thing dies in the environment, the whol e environment goes . All the trees will be gone in one hundred years if w e don't start doing something about i t now . " Concern for their children an d their children's children was ver y evident throughout all the testimon y given at the by-law hearing . Ban d members repeatedly stated that th e pollution that they live with leaves them afraid that their lives will b e shortened . Verna Jack—"Are my children going to be able to see their grandchildren? I've often wondered if our childre n are going to be able to live a lon g life, if we continue with what we put up with here in Gold River . We 've had a lot of problems . It was one o f the teachers up at the townsite who brought it to chief & council : wh y are our children always sleepy i n school. Could it possibly be from th e constant noise of the pulp mill that we put up with 24 hours a day? " CAPTION: Jerry Jack, Hereditary Chief, Able John, Sam Johnson . THE BYLA W Under Section 81 of the India n Act, bands may pass by-laws to protect the health of its residents . The proposed Mowachat Pollution By-law is based on thi s section . The by-law sets standards an d sets levels for the various kinds o f pollution on the reserve . It regulates : disposal of waste—by resident s and industry other than Thasi s company. noise—sets levels for all resident s and leasors that have been judge d safe for humans by experts . Tahsis Company—in a specifi c section the band applies the A - level standards of control set b y the Pollution Control board . Failure to comply with the by - law will result in a $100 fine or 30 days in jail for each day an in - fraction is committed . UBCIC NEWS 6 Connie Mark, a young girl , accompanied by her friend, Evelyn Sabie . "When kids go swimming the y get sores, sometimes the water' s polluted and kids don't like that . When kids are coming up, some- times we don't see where we're going . The pollution has been around here for a long time . The sawdust gets in our eyes . Kids get an infection in their eyes because of the sawdust . I don't really like what' s going on because of the pollution . I know kids don't like it that much ." Teenage boys, not yet fathers, related over and over their memories of the fish and how plentiful they were, and how the fish had been destroyed b y pollution . Augie Johnson—main fisherman for the Band . "I ' ve been fishing here 9 years. When I first got here the fis h looked real nice but now—they don' t look as good. When I used to get fis h with burns on them, they were fresh. They were still bleeding . They looke d like acid burns . I guess that stuf f that's floating around in the water , I guess it's slowly making its wa y around . If the kids happen to jum p in the water one day the y're going to end up like these fish that are al l burnt . " Ronnie Johnson—"It really hurts m e to see these kids swim, to see them get infected by the pollution that i s caused by the mill . To see the ol d people get rashes especially when the women wash clothes and hang the m out. I think we should do something about it now before it gets worse . " Jerry Jack, hereditary chief of th e Mowachat band, put the struggle i n perspective : "We are attacking a cor- poration which the third largest cor- poration in the world . The East Asiatic Co . They're making all kind s of profits in New York and Denmark from our homeland and they're leaving us nothing but dirt . We may be attacking a giant but we can bea t them ." (continued page 16) CAPTION: Connie Mark supported by her friend Evelyn Sabie spoke on behalf of th e kids, who get sores when they swim in the polluted waters. CAPTION: Benny Jack kept watch over the fish while fellow band members spoke out i n favour of the pollution by-law. UBCIC NEWS 7 THE LILLOOET DECISION By nine in the morning of Augus t 2, 1979, there were about 30 peopl e standing outside the Lillooet court . These Indian people were waiting t o hear one of the most important cour t decisions for Indians in recen t history. There were Indians from up an d down the Fraser River . As they stoo d outside they discussed how they thought the decision would go . Although there was some anxiety , most present were optimistic . Whe n Bradley Bob got to the court house h e was met with an enthusiastic greeting . After all, he had become a famou s man over the past year . Soon before 9 :30 a .m., the people began shuffling into the court room . Now the mood was more tense . The time had come . Once the court roo m seats were filled, the Sherrif attemp- ted to stop anyone else from entering . No one is allowed to stand in a cour t while it is in session . However, he gave up as people refused to listen . The people were of every age, youn g and old . A couple of children ran around the court and ended u p playing in the witness stand. How- ever, Judge Diebolt didn't sa y anything at the slightly higher level o f noise . Once the Judge began stating hi s decision, the excitement grew . But th e problem then arose that the only persons to understand the lega l jargon were the judge and the lawyers . The rest of the people were baffled . The only thing anyone caught was the part of the decisio n when the Judge said he found Bradle y Bob guilty . The decision didn't take long . After about a half hour it was al l over . Leaving the court, the mood of the people was totally different to what it was while they were going in . The people were angry . The Judge had found Bradley technically guilty , but gave him an absolute discharge . That wasn't enough, people said . They would appeal the decision . Once everyone was outside, UBCI C lawyer Louise Mandell explained t o some that the decision was prett y good . So everyone sat in a circle o n the court house grass and Louise sa t in the middle, explaining what th e decision really meant . Once again the mood of the people changed . As the heat of the day becam e greater, it was decided that ther e should be a meeting immediately t o discuss what Indian people should d o next . So, the group broke up an d decided to meet at the Thunderbir d hall at Lillooet reserve . The meeting broke up with the decisio n that the UBCIC Fishing Portfoli o must get moving fast to figure out what the next move should be . • "WHA T DOES IT MEAN? With the end of the Bradley Bo b court case the question which Indian people are asking is how does thi s decision affect fishing at this parti- cular point in time . It's a question where the answer i s very difficult because the cour t didn't really address itself to tha t question . In the Bolt decision in th e State of Washington, the court di d say what the decision meant . What Judge Diebolt did was he found the legal right just as it happened in the Bolt decision . Then, he never went on to say what that right meant . He said that in general the Fisheries Act would apply so long as it is for conservation purposes but he never said how that right affects India n Fisheries or whether or not it give s Indian people, as it did in the Bolt decision, some kind of preferred allo- cation of the fishing resource . In order to answer the question o f what Indian people may do with th e newly confirmed right is to choos e from among alternatives . India n people can clarify the point legally which would mean appealing th e decision and trying to get some better clarification of higher courts o r possibly by taking another case t o court in the future, for example, a by-law had been passed and argue th e full blown case of the relationshi p between Indian management and th e Fisheries . The greatest value i n appealing a case of this kind would b e to support political action develope d by the Bands which asserts India n people 's right to control, manage an d conserve the fishing resource . Merely to go to court without a political objective and rely on the court' s interpretation of the meaning of th e right would be to turn our backs o n our experience with the courts in th e past, where, in general, India n people's fishing rights have bee n denied. UBCIC NEWS 8 WHAT DOES IT MEAN? by Louise Mandell Indian people can clarify the point politically . Together the bands can work to develop a comprehensiv e mangement scheme for managing th e fisheries which protects the fish and protects Indian fishing . Included i n the scheme may be avenues for Band s to pass by-laws managing the fisheries on their reserves . The scheme may include the drafting up of demands t o make to Fisheries to force changes i n fishing policy and changes in th e laws . Whichever way B .C . Indians decid e to go it would a hollow victory i f Indian people didn't assert the righ t either in terms of their own fishing o r in terms of directing the politician s or the lawyers to do something because Department of Fisheries will want to act as if the right has not bee n recognized. The only ones who ar e going to push the question are th e Indian people . So, it's going to be a question of picking up at the next stage of the struggle and moving o n with it . As far as moving legally goes, the Union and the Bands have to decid e whether to appeal or not . If the case is, appealed, the Union has a choice o f appealing to the county court or t o Supreme court . If it goes to the Supreme court wha t can happen is that a portion of th e case may be questioned . For example, what can be said is that, given that th e Judge found that Indians have the exclusive right to fish, was he correc t to say that the exclusive right didn' t allow Indian people to exert their ow n control of the fish over the Fisheries . The Union could state that case an d the court would have to answer th e questions presented . However, it that's the way it wen t then the Crown could cross appea l with their question . That questio n could probably be "was the court right in finding that Indian peopl e have an exclusive right to fish at all . " Generally, if we challenge the manage ment question, it seems quite certai n that Fisheries will challenge the right . The other way to go is to County Court . That's a much larger appeal i n that all the transcripts, all th e evidence, the whole trial goes up t o the next level . The advantage o f County Court is that the Judge wh o hears the question doesn 't hear a question as an isolated point of law . He has to sit down and review all o f the transcripts to see how that point of law arose and in what context . If "I, Bradley Bob, would like to thank all the people who came to the court hearing and the handing down of the decision . Thanks t o the elders for their evidence, th e womenfolk and the Chiefs, Georg e Manuel and Barbara Lane . I would especially like to than k Louise Mandell, Stuart Rush and the Indian people go by way of th e Supreme court, the transcripts don' t go up at all. Therefore, the different levels of court hear only the evidence as a legal argument . There are two questions which ar e still in mind . One is how far can Ban d Councils go in regulating their fish by way of by-laws . The other is what rights do Indian people have to keep the Fisheries Act from affecting thei r lives . On the first question the road i s all their fellow workers who did a n excellent job . I would like to thank the people for their support, th e ones who came from near and far . I met a lot of nice people through - out the year : thank you very much . I will remember this for the rest o f my life . " CAPTION: Bradley Bob and Louise Mandell pose after the decision with the spoilt year old fish and barbecue stick. Bradley sends a letter to al l the people who supported him . UBCIC NEWS 9 FISHERIES REACT After a bold raid by the Federal Fisheries and the RCMP, four Foun- tain Band members and one member of the Mt . Currie Band were arreste d Aug. 17 with fishing charges. Victor Adolph Jr ., Ronny Adolp h and Billy Boy Adolph were charge d with fishing during a closure . Jim Bob and Roger Adolph were charge d with fishing during a closure and with obstructing a Peace Officer in hi s duty. At about 11 :30 a .m . on Aug . 17 , three Fisheries officers approached Roger Adolph who then asked fo r their identification. They refused to show any identification but went on . to ask Roger for his . He also refused , saying he wouldn't give them information without Fountain Band Chief Victor Adolph Snr . present. At that time the Fisheries officer confis- cated Roger's dip net . By six in the evening, the men had finished fishing . No one was fishin g after six on the Fountain Band fishing grounds . However, there were still about 20 Indian people at the river . There were nine men, nine women and two children . Meanwhile ther e (continued from page 9) open to pass fishing by-laws . Where an exclusive right of fish exists, ther e is a property right attached to the reserves. This means that the fish that pass through the reserve waters are owned by the Band . So, as it is now, Indian peopl e whose reserves have an exclusive righ t to fish granted, own the fish that pas s through the reserve and the Fisherie s are there merely to manage the resource . They are managing it fo r Indian people. Before this case th e Fisheries would say to Indians , "you've got a privilege to fish, it' s not your right, you've got no mor e right to fish than anybody else. We grant Indians special days to fish and that's by our good grace, so we can cut you off once in a while." Now that Fisheries can only regulate as far as conservation goes there are some things that may change . They are now no longer able to say that Indians have no special rights . There's not really any apparen t conservation reason for Indian fisher- men to cut off the nose and dorsal fins or to get a fishing permit . With Band by-laws these practices may b e eliminated . Whether an exclusive right to fis h exists, Bands can still pass by-laws. The major shortcoming with the Band by-laws is the by-laws canno t touch on the issue of allocation of th e catch in terms of the overall manage- ment question . A by-law can control the fishing on reserve waters . Bands who work together can extend th e reaches of a Band by-law bu t basically the quesiton of how muc h escapement goes up the River must b e handled at a larger political level tha n through by-laws . A by-law can bring out in the open what assertions are being made b y Indian people. In this regard it is important that Bands pass by-laws t o control reserve water fishing. But it is also equally important that the Bands - do it in a way which coordinates wit h each other so there isn't a lot o f by-laws doing different things on the same river . One way by-laws may be especiall y useful is by making use of th e `whereas' clauses at the beginning of each . Anything may be- put in these sections. Therefore they may be used to state politically the Band's view s on fishing . These are then passed b y the Federal Government and in a sense incorporated into the law of the land . Last year at this time, India n people were saying "We have a righ t to fish!" This year the courts hav e recognized that right. Indian peopl e can now go on to the next step o f protecting and conserving their fis h for the future . It is an exciting tim e fishing . CAPTION: A meeting in the Thunderbird Hall to discuss the next move. UBCIC NEWS 10 CAPTION: Scene of Fisheries raid on members of Fountain Band fishing o n August 24th . were Fisheries officers across the rive r watching the Indians with telescopi c equipment . At about eight in the evening the raid began . About 30 Fisheries and RCMP took part in it . The Fisheries quickly attacked the fishing grounds with a helicopter, a boat and by foot . The RCMP waited above the area, o n the road. When the officers got to the shor e of the river they grabbed Billy Bo y Adolph by the jacket neck to get a fish from him . One officer yanked it from his hand without first asking i f he would give it up . As a result of the action, Billy Boy got blood poisonin g in one of his fingers . At the same time another officer was going to take a fish from a 14 year old boy . Again without asking for the fish, th e officer twisted the boy's arm aroun d his back and took the fish . One of the Elders, Maggie Adolph, was involved in a discussion with one of the Fisheries officers and another Band member heard the officer tell her to "Fuck off" . Mary Louise Williams, Maggie' s niece said, "I don't think that anyone has a reason to swear at an ol d woman like that . She was upset afte r that . As several officers ran down the hill towards the shore, they met up with two men carrying about 100 dried fish . The officers then began pushing and shoving the Indians around . Once they found out that th e fish weren't freshly caught they agai n headed towards the river . "They didn't ask first," said Mar y Williams . "They just started pushing them around . It's really steep and yo u have a hard time if you have a big pack on your back . " Once the five men were arrested , they were put in a helicopter an d taken to the top of the hill wher e RCMP cars were waiting . The me n still hadn't been told what they wer e arrested for . One witness said that h e overheard an RCMP asking what they would be charged with . The Fisheries officer replied that they didn't know yet . Before being pushed into the heli- copter, the men were handcuffed . They said that by the time they wer e in the air their hands were numb . Not only was the helicopter over- crowded, but when it was high ove r the ground the door opened . This could easily have resulted in a death . The men were then brought to th e police station in Lillooet and put in holding cells . When Roger refused to give out any information, a constabl e threatened to charge him with with - holding information . During tha t day, the Indian people at the rive r noticed a black truck on the roa d across the river . When they got to th e Police station the truck pulled up be - hind him and an officer got out carry - ing an exposed high powered rifle . Finally the men were released a t three in the morning after a Justice o f the Peace arrived. Although th e Fisheries officers read the men thei r rights and man-handled them, th e Indian men were not told what they were charged with . CAPTION: Roger and William Adolph, tw o of the . Fountain Band members who were arrested during th e raid . UBCIC NEWS 11 CONSERVATIO N MANAGEMENT BY-LAW ALTERNATIVES With the end of the Bradley Bob case and the confirmation of ou r reserve right to fish, the next step appears to be the drawing up of Ban d by-laws which would strengthen ou r position in these regards . The by-laws would determine wha t Indian people will do with the newl y confirmed right . In Kamloops o n August 1 1 there was a meeting held a t which several Chiefs from that area looked over the Upper Nicola Valley and by-law and discussed other aspects of the right which will have t o be reckoned with . During the informal meeting th e Chiefs spoke on what was importan t to their Bands as far as fishing goes . But the major topic was a by-law . There was a general approval of the Upper Nicola Band by-law . One aspect which was especially liked b y the Chiefs was naming the fish i n Indian, English and scientific lan- guages in the by-law . The Upper Nicola Band by-law deals with such issues as, who ma y fish on the Band water, what type o f fishing gear may be used, pollutio n affecting fish and fishing, an d enforcement of the by-law . "Members of the Upper Nicola Indian Band shall be permitted to engage in fishing upon Upper Nicol a Band waters at any time and by an y means except by the use of explosiv e materials, projectiles, shells", read s the by-law. The by-law also defined severa l terms such as, fishing, Fishery Officer, Fishery, and Upper Nicol a Indian Band waters . One of th e concerns voiced by several of th e Chiefs is pollution which affects th e fishing and spawning grounds . As far as enforcement of the by-la w goes, the Upper Nicola Band said the y will appoint their own fisherie s officer to monitor the fishing . Should anyone break the rules of the by-law , the officer will report that person t o the Fisheries . The Chiefs decided that their firs t priority would be to draw up thei r own by-law . This by-law would b e along the same line as that drawn u p by the Upper Nicola Band . "From my point of view, wha t we've got to do now is lay out ou r priorities and what we've done i s decide that our number one priority is to get a by-law going . And what the next priority probably is, is to get the regulations going pertaining to th e by-law of the reserves, " said Bridge River Band Chief Saul Terry, adding , " Enforcement is also very impor- tant . " Mary Leonard, Chief of the Kamloops Band spoke for all Chiefs : "I think the main issue here is conser- vation . That's the big issue . " "I think what we 're hitting at her e is something more than conserva- tion," said Chief Saul Terry . "It's preventative actions, preventing th e thing from coming to the point wher e you have to close it down . To me that's conservation . " "If you put conservation in the by-law, anybody who goes against th e by-law goes against conservation. That's a very important part of it, " added Lillooet Chief Mike Leech . Selling fish has been an issue for years. This was a topic the Chief s thought should be handled ver y carefully . However, they agreed tha t Indians should be allowed to sell thei r fish . "We have the right to fish, w e should have the right to cure that fis h and sell it," said Lytton Chief Natha n Spinks. "The white people smoke fis h and where did they learn it from ? They learned it from the Nativ e People . They could sell it. Why couldn't we? My grandfather learned three languages just doing this . " The Chiefs decided that one mov e they plan to make is to hire someon e to monitor the Fraser River . This person would make sure no one i s breaking the by-laws set up by the Bands . He or she would also monito r the Federal Fisheries and the Wildlife branch to be sure they're stayin g within the laws of the Band by-law . Saul Terry is optimistic that funds may be found to hire such a person . • CAPTION: With our new rights guaranteed, concerned Chiefs from the Interio r got together at Kamloops to discuss strategy for the futur e UBCIC NEWS 12 UP-DATE URANIUM MINING INQUIRY Community Workshops The Union of B.C. Indian Chiefs is prepared to conduc t workshops on the issues arising out of the Uraniu m Mining Inquiry . Workshops would include information on the operation of uranium mines ; hazards involved i n uranium mining ; what Bands have been identified a s potentially affected by uranium mining ; and UBCIC' s role in the Inquiry . We are also attempting to acquire a slide show from the U.S., where Indian people have bee n significantly and sometimes devastatingly affected b y uranium mining . Workshops have already been planne d for the North Thompson and Atlin areas . Any othe r interested Bands should contact Stephen Basil or Joh n Rogers at the Union offices . DEADLY GAS LEAK AT BLUEBERR Y The Blueberry Band members are anxiously awaiting the result of the physical examinations that were carried ou t after a sour-gas well leaked a large cloud of hydroge n sulphide over their village on July 16,1979 . A few weeks later, National Health and Welfare wer e persuaded to set up a better air monitoring system for on e week . Band Councillor Eddie Apsassin and his wife wer e hired to check and change the tubes that monitored th e most poisonous gas, hydrogen sulphide . However, the y were not supplied with enough measuring tubes and soo n ran out, so the monitoring has been delayed . The well was re-opened but was closed down agai n shortly afterwards . The people are still suffering from th e effects of the poisonous gas . One elderly man and fiv e children are in hospital and parents report that all th e children are especially affected . The Band members are still camping away from th e village while they research and think about their options . The decisions they have to make are far-reaching : fro m relocating the whole village to serving an injunction to oi l and gas companies to close all the wells around the re - serve . Results from the experts who examined the people fo r long-term and short-term damage from both the chroni c and major leak are expected during the last week o f August . LATE FLASH ; The Blueberry Council will be serving an injunction against the Kildonan and Woods Companie s to shut down the wells that are harming their community . FISHING CASES COMING U P September 5-Mr . Camille for illegal fishing, at Ashcroft . September 10—decision on Herman Thomas at Langley . September 13 --Russell Williams—trial for illegal fishing , at Hope . September 19—Rod Cooper from Anaham, continuatio n of trial, at Williams Lake . COWICHAN TRADEMAR K The Cowichan Sweater is an Authentic Indian Produc t known world wide . Several non-white companies have been capitalizing on the product and its reputation . In May of this year a group of knitters, weavers an d other concerned people came together to discuss thi s increasing problem . Since that time several meetings have been held including one on August 16, 1979 at the Unio n Office . It was attended by Harry Addison, Provincia l Representative of Consumer and Corporate Affairs, We s Madeste, Marge George and Howard Campbell, Ne w Zealand High Commissioner for Trademarks in Ne w Zealand . Mr . Campbell informed the group about Mosgial Ltd, , a New Zealand company which has been using the nam e Cowichan for some time now . Mr . Campbell has been i n touch with the Canadian High Commissioner and ha s asked for the refusal of the proposed New Zealan d Trademark six months before registration . The company would like to use the name Cowichan o n sweaters they produce as being the authentic product . The group feels this is an infringement on the name an d product of the Cowichan people . If the company refuse s to remove the name on a voluntary basis the group i s prepared to go to court . The company may argue that Cowichan Sweaters cannot be bought in foreign countrie s and they should be able to use the name and design of the authentic product . The UBCIC has been visiting with the Cowichan people to gather information on the history o f the sweater . LATE FLASH : Yarn Barn Holdings, the company tha t owns the registered trade mark "COWICHAN" is now selling the imitation Cowichan sweaters at a booth at th e P .N .E . UBCIC NEWS 1 3 FRAUD, NEGLIGENCE AND BREACH OF TRUST: MUSQUEAM - SUES THE QUEEN Several years ago, a court actio n was started by the Musqueam peopl e against the Department of India n Affairs. The action concerned a leas e that had been entered into betwee n the DIA, on behalf of the Musquea m Band, and a Vancouver Golf Club . The Band claims that the DIA wa s negligent and fraudulent and breache d a trust in making this lease . The ban d claims that during the negotiation s the DIA agents asked about one set o f clauses for the leases which the people agreed to, but then the lease got drawn up and signed with a compl e tely different set of clauses . What th e band had agreed to was not, in fact , what was in the final lease . As a resul t of that, the Department entered into a lease which does not pay the Ban d very much money and on term s which, the Band says, they neve r agreed to . A breach of trust action was starte d and the Band claims damages . They are asking the court to award the m the amount of money which coul d have been yielded from the land an d which could be yielded in the future i f the land could be put to its maximu m utility . The Band is calling a numbe r of experts to show what kinds of economic development could be possible on the land if it wasn't tie d up as a golf course. DIA SAYS THEY ARE NOT LEGALLY RESPONSIBLE FO R THEIR ACTIONS What does the Department o f Indian Affairs have to say about this ? The Department, through their law- yers, in their defence have pleaded that if there is a trust relation that ha s been breached, then that trust is a political one . POLITICAL AND LEGAL TRUST : THERE'S A DIFFERENCE It is not a legal trust, argues th e Department, and therefore it canno t be reviewed in the courts . They say that if the Indian people don't lik e how the trust has been handled, the n they can elect a new government, but that is our only course of action . That argument has been raise d before in a case involving one o f the "British Empire Colonies" where the colonized country had their land completely polluted by mining an d development when it was settled b y the British . The Aboriginal people took the matter to court, saying "any agreement we made here with th e British was done in trust ." The court s found there was a political trust an d said there was nothing the court coul d do about it. That is what the DIA has instructed the Justice lawyers to argu e in this case : that there is not reveiew by the courts . This is going to be thei r first argument that will be brought t o the court on September 18th . In addition, the DIA has pleaded tha t if there was a breach of trust, th e Band cannot sue because, according to the Statute of Limitations, th e Band should have sued by 1964. Bu t the Band didn't see a copy of the leas e or surrender before 1970 . DIA CLAIMS THAT TH E GOVERNMENT AGENTS WH O ENTERED INTO THE LEASE HA D NO POWER TO BIND THE CROW N Another argument which DIA i s making asserts that if there was a lease entered into, the DIA Regio n did not have the authority to bind th e crown to it . Basically they ar e claiming no relationship exists whic h automatically makes the Crown re- sponsible for actions taken by regional DIA agents . They say that those DIA agents operated pretty much on their own . Making this argu- ment, they are in effect, inviting th e courts to cancel the lease . In som e ways that argument is a good one fo r the Musqueam people because, i f there was no authority to bind the Crown then the lease should be void . It seems that the Government woul d prefer to end the lease in this manner rather than having a trust relationshi p declared, where they are held legall y responsible to the Indian people . THE IMPLICATIONS—CHAO S AFTER ANY DECISIO N If the courts find the DIA has lega l responsibilities, then we can start a whole number of actions all over th e Province where DIA has behaved in a CAPTION: The Band says the DIA was fraudulent, negligent and breached thei r trust in drawing up the terms for leasing Band land to a golf club . UBCIC NEWS 14 way which has hurt Indian people and where the Ag- ency has been at fault . It gives rise to damages where- ever Indian 'people have suffered losses as a result o f bad DIA advice. "If eve r there was a proper use o f the word `floodgate' this i s it!", said a member of ou r Legal Task Force . If the courts find the relationship between the Band and the Department to be a political one, onl y without court review, then it would be horrifying to think that an Indian Band would ever listen again to the government ; it woul d mean that a Band can d o nothing to review th e actions of the department if the government operates against the Band's interests . A decision on a political trust relationship may bring , Indian people to the point where they break any rela- tionship with DIA if the department is not account- able in the law courts, the department may not be given political credibility b y Indian people . However, if the court finds that there was no lease, on the basis that the Region did not have any authorit y to bind the Crown, then this coul d throw into question thousands o f leases in the Province right now , where DIA acted on behalf of th e Band, and where the Band or another party to the lease may wish the lease to terminate . Any way you look at it, it seems that there is going to be shuffling as a result of the decision . PARALLELS TO BLUEBERR Y AND DOIG RIVER BAND S ACTION AGAINS T DEPARTMENT The Musqueam case is especially interesting in the light of the actio n started by the UBCIC Legal Tas k Force as directed by the Blueberry River and Doig River Bands (se e UBCIC NEWS Vol . 1, No . 5) las t year. The Bands started a court action against the Crown for th e DIA's mismanagement of the Bands ' affairs . Originally they had been par t of the Fort St . John Band who ha d signed Treaty 8 entitling them to kee p 18, 168 acres of their land in the For t St. John area. Then oil and gas were discovered in the area . The Depart- ment of Veteran Affairs began to look enviously at the Band's rich agri- cultural lands and approached th e DIA to get this land for war veterans . The DIA negotiated on behalf of th e Band : the Band ended up divided int o two smaller Bands, with three smal l parcels of land totalling less than on e third of their original reserve, and with no mineral rights . The details ar e different, but the facts are parallel . In the northeast, the people say that DIA agents came in and coerced th e people into one course of actio n which was never fully explained and which operated against the Band' s interests . The Musqueam people are saying the same thing about thei r lease . The difference between the cases is that Blueberry and Doig Rive r people have the relationship defined in their Treaty . MUSQUEAM COURT CASE STARTS SEPTEMBER The Doig/Blueberry case is pro- ceeding slowly: the court pleadings have been filed ; the research to title has been completed ; and now the Fort St. John people are interviewing their Elders to gather evidence . It is a long process. It has taken the Musqueam people four and a half years from th e time they first issued the writ against the DIA to get to court . The Musqueam case starts on Septembe r 18th at the Federal Court, George Street, Vancouver . It will be a long case, lasting through to October 18th . Photo: Jensen courtesy of Musqueam Band CAPTION: The Band has been working for over four years to get their case to the Cour t on September 18th. These children were barely walking then . UBCIC NEWS 1 5 (from page 7) "Back in 1963, DIA sold out m y people. Jack Holman, Supt . of DIA and J .V . Boyes was Indian Com- missioner—writing back and forth to each other . We have their records . Jack Holeman made up a phoney voting list of my people saying tha t we surrendered 39 acres to Tahsis Co. by a referendum that never too k place . To-day the DIA is telling u s they cannot find the referendum . They can't find it because it neve r took place . . . . We never voted to surrender this land we have here to Tahsis Co . We have no lease with the company. " One mother, Mollie Johnson, go t up to speak late in the afternoon, i t was the first time that she had ever spoken in public . She turned her back to the crowd and talked to a pictur e of her ancestor painted on a mural on the wall . "I wonder how long we're going to live! To look at the way m y people are suffering because of the pollution . I myself was very fortunate to have my grandparent s who taught me my own India n language . They taught me how t o trap, how to hunt, how to fish, how to smoke fish, how to preserve fish . "Today I look at my daughter. 1 have a 17 year old daughter . What can she see today? She hasn't ex- perienced what I went through. I was so fortunate . What hurts the most is that today I can't teach my daughter how to dry fish because fish is s o scarce out here now . Nickie Howard— "I used to do a lot of fishing down at the river myself and its hard to see them die . We used to live on fish and deer and what' s happening tO us is really destroying us because we have to depend o n money now . "The noise . A lot of kids aroun d here have ear trouble . I have a lot o f nieces and nephews that are like tha t and they have to go into the hospita l to get their ears fixed . I would like t o have kids but I don't want to have any until this thing is settled . If we want our kids to grow up, then thi s is the right move ." Among the Band supporter s present at the meeting were a numbe r of Indian people from other parts o f the province, Bob Bradley from Lillooet, Les Edmonds, Tommy Basil from the Bonaparte Band, Hug h Watts from Port Alberni and Amor y Gabriel from Penticton all pledge d their support, their personal suppor t to the Band and promised to go bac k to their respected areas and lobby for more support . The hearing lasted until 9:00 a t night . One of the last speakers was Chief Mary Johnson . She gave a very good summing-up the day ' s testimonies and applauded for their courage for speaking out . As she spoke, tears were flowing down he r face, yet her voice never wavered . "There are really no words to sa y what it's like to live here . You have to really live here to understand th e people's concern, especially with our children . They have no choice but t o swim down there . There's so many things . We talk about our hearing . We sort of make a joke, we have to say `huh,' we have to repeat things . "These big corporations are takin g full control and power from the gov- ernment . What 's happening to th e government? They're not concerne d about the people . They're only con- cerned about technology . They'r e only concerned about the almightly dollar. Jerry Jack—thanked the people, th e cooks and the fishermen. "Thank you for your support . If there's any - thing we the Mowachat people ca n do to help out, we would like t o know . The hearing is all over . Tahsis Co . never showed up . I don't kno w what they're scared of, or if they jus t don't give a damn . They've ha d chance to come and say what they feel . I was really sure somebody from the Company would be here t o listen to our complaints about wha t t they're doing to us but none of the m had the decency to be here to liste n to our people . This big corporation , this multi million dollar corporation , you can see where their heads ar e at . . . "So now we ' re going to sing . Al l Mowachat Muchalat people, let' s really give it all we 've got! " Today the Tahsis company seem s to be quite worried about the bands ' move . Mary Johnson reports that the day after the pollution hearing the y were getting calls from the worried people in town who wondered if th e band would blockade the road or d o something to stop the functioning o f the mill, and threaten their livelihood . But it is not the bands ' intention to put these people out o f work. It is their intention to protec t their land, to protect the health of th e kids, to be able to see their grand - children . For their grandchildren t o live to see their own children . CAPTION: Relieved and happy that the hearing went well, elected Chief Mary Johnso n sang and danced with fellow band members Connie, Evelyn and Hoss. UBCIC NEWS 16 UBCIC NEWS 1 6 JOHN GEORG E DIEFENBAKE R When he heard of the death of John Diefenbaker on August 16th , George Manuel remembered man y of the positive that former Prime Minister Diefenbaker had accom- plished for Indian people. Before entered politics, he was a criminal lawyer and defended many Indian people in court . He would do it for nothing if the person had no money . It was during this time that he learnt about many of the problems tha t Indian people were having . George Manuel described the record of th e Conservative Party when in power under the leadership of Diefen - baker as impressive in terms of Indian policy : `Big gains were made during the Tory years -- Indian peopl e gained the right to vote withou t having to renounce India n status, James Gladstone was ap- pointed as the first Indian senator; and the joint . Senate - House Committee on Indian Af- fairs was established ." • CONSTITUTIONAL TALKS : INDIAN "PARTICIPATION" PROMISED by Robert Manuel On July 30, 1979, the leaders of th e Indian, non-status, Metis and Inui t people were invited to participate i n the Constitutional discussions . I thin k this has a good deal of significance i n that the public will view the India n people in a better light . By taking this move and establishing a precedent , the Conservative Government i s putting the former government in an awkward position, and any othe r government that comes into power i n the future is going to have a difficul t time trying to remove us from th e discussion table . It is a trend that seems, by an d large, to have been set by th e Conservatives during Diefenbaker' s time . Many will recall that he was th e one who initiated the action tha t extended the vote to the Indian peopl e without our having to give up ou r Indian status . Previous to that, under the Liberal Government, the only way that Indian people could have the right to vote was when Indian peopl e became "civilized" enough to func- tion like non-Indian people an d enfranchise . The Conservative Gov- ernment, under Diefenbaker, made a major move by saying that the India n people don ' t have to give up any o f their aboriginal rights as India n people to gain the right to vote . I see a kind of parallel with this move tha t they have made in giving India n people a seat at the Constitutional discussions . MORE TO CONSTITUTION TALKS THAN SECTION 91 (24 ) Being a minority government, the Conservative Government will prob- ably have to pursue the constitutiona l changes in a realistic way . It is not likely that any of the constitutional committees will be allowed to be dis- banded . However, the interestin g point in terms of the constitutional discussions that we have to realiz e too, is that we don't only have an interest in terms of Section 91 (24) o f the British North America Act that makes the Federal Government re- sponsible for "Indians and lands reserved for Indians" . Obviously that is one item that we are very concerned about that should be retained in the Constitution. But then you get to the area of natural resources, wildlif e management, timber, water rights , fisheries and things like that : these things affect us and we are going to want to be parties to discussions in those areas . The Conservatives hav e not spelled out whether they want u s to be parties to the discussions i n those other areas, or just in terms o f Section 91 (24) . But any meaningfu l participation in the Constitutiona l talks would have to include all thos e other areas . For any area of th e Constitution that affects Indian peo- ple, we will want to be there . NO FURTHER DETAIL S ON TALKS The emphasis at the moment with the Premiers of the different Prov- inces is with the economy and inflation . No mention has been made of dates for the start of the Constitutional talks, nor have we ha d any further details, of the scope of the talks, let alone any indication of wha t part we will have in the decision - making process . Our position at the moment is to watch and see . After our next conference i n October, we will be in a much better position to exert our position i n British Columbia . It is our intentio n this time to try and get a final adoption of the Aboriginal Right s Position Paper . That will give us th e direction to take in terms of any con- stitutional discussions . UBCIC NEWS 17 DO HUNTING AND MININ G MIX? INUIT SAY NO . In mid May, 1979, the injunction hearing involving the Inuit Tapirisat of Canada, the Baker Lake Hamlet Council, the community Hunters and Trappers Associa- tion and 113 individual Inuit hunters, met with the federal government and six Canadian and foreign owned mining companies . The meeting was in Baker Lake, an Inuit community about 200 miles south of the Arctic Circle . Over the past ten years, mining and prospectin g activities have been conducted in this area for uranium . The federal Government put a temporary freeze o n industrial development i n part of the Keewatin distric t north of Manitoba in 1977 . The freeze was extende d with a temporary injunctio n in 1978 and now the Inui t are trying for a permanen t injunction blocking the gov- ernment from issuing ex- ploration mining permits and the companies fro m exploring in an area o f 100,000 square kilometers . The Inuit feel that low fly- ing planes and other activ ities of the mining companies will disturb the caribou i n their traditional migration routes, moving further into the bush and making it difficult for the Inuit to hunt . For years the Inuit have followed the tracks of the caribou a s a way of life and only until 1958 did they settle in the are a of Baker, Lake . Today, many of the Inuit hold jobs and community responsibilities but caribou hunting is a s much a prt of their lives as it was a hundred years ago . Evidence for the first segment of the trial was presented by the Inuit in their langauge, Inuktitut, which wa s translated by an interpreter for the court . The personal accounts and history of Inuit hunters were also presente d as evidence . Through this the Inuits were trying t o establish the fact that they have occupied Canada's Nort h for hundreds if not thousands of years . The Inuit als o marked on a map the areas in which they have hunte d throughout their lifetime . The trial is a major test case because the Inuit are tryin g to establish in law the rights of Northern Natives to hun t and fish undisturbed by the prospecting of uraniu m mining companies . The technical aspects and final arguments for the tria l resumed in Toronto from the 8th to the 13th of August . The question of whether Inuit hold aboriginal title to th e land was the major argument throughout . Justice Patric k Mahoney listened to the arguments presented by both sides during the four days . The federal government argued that land rights neve r existed and added that even if they did they were signed away by an English King 300 years ago, based on Englis h and French Colonial Policies . The lawyers also claime d that Inuits have no land rights because they "have n o concepts that are remotely akin to property concepts . . . people just roamed aroun d and used the land fo r hunting . " The six mining compan- ies claimed that Inuit of the North West Territories have no aboriginal right to pro- tect their hunting and fish- ing grounds from uranium exploration . They asked Mr. Justice Patrick for a clear ruling against aborigi- nal rights, saying that with anything less "an extremel y serious ambiguity would arise." They also told the judge that any ruling which re- stricts federal powers in the north would not only affect mining but could interfere with such other activities as the construction of defence radar sites . "We're here to protect our rights" he said, adding that Ottawa and th e mining companies "have never denied the Inuit the righ t of access to hunt and fish over these lands . You can hunt and fish—and you can mine ." On the last day o f argument, August 13, 1979, mining company lawyer s charged that the Inuit moved into the region after the signing of the Hudson Company Charter, and therefor e have no aboriginal title to the land . Before rights can be asserted there must be a community, a tribe or a natio n to assert a right . Aubrey Golden, the lawyer representing the Inuit people suggested industrialized society has a real problem understanding the Inuit way of life . "How do we approach the question of deciding what they have to show so they can say to us they have the right to remain and not be dispossessed?" he said . Judgement has been reserved . UBCIC NEWS 18 TREAT Y HUNTIN G RIGHT S TESTED In June 1977, Joe Bartleman an d Doug August went hunting for deer . Today they are still awaiting th e verdict of a court case which arose from that hunting trip . Joe Bartleman was charged wit h hunting with a .22 calibre rifle and Doug August with hunting without a permit . The case was originally set fo r two days, but has since run to b e about five days stretched over the pa t two years . The case is now at the point wher e the defence has made their fina l submission and is waiting for those o f the prosecutor . Then, the defence wil l respond to those and the Judge wil l make his decision . The final decisio n is not expected before November . Since the beginning of the case there have been two babies born and one is on the way . Joe and Doug each have a new child and their UBCI C lawyer is expecting . Joe's defence was that he is a descendent of the people who signe d a Treaty which allows him to hun t and fish as formerly . Doug wa s defended on the grounds that he is a relative to Joe . According to tradi- tional ways, this allows him to hunt and fish on the grounds of anothe r tribe . Doug was also defended on th e grounds that his descendents were also given the right to hunt and fish a s formerly . However, this was given b y way of letters between various level s of government . "Although this wasn't a signe d document, those assurances wer e there and they should receive th e protection of the Indian Act whic h exempted Indians from provincial law where there is a treaty," said thei r lawyer . The major issue brought up in thi s case was the meaning of the phrase , "the unoccupied land" and whether it means only that the land ceded or also any other unoccupied land . Th e evidence was that it is unoccupied when there is no farming or habita- tion on the land . If the Judge goe s with the definition that it is only th e ceded land, then the decision woul d be very narrow . The men lost one deer to confisca- tion and if they win the case, compen- sation will be sought , CHIPPING AWAY AT HUNTING RIGHT S Judge says : "Nobody mentioned Bull Frogs" At first the headlines seemed like a joke . But it seems there really is a season for hunting bull frogs i n Ontario . And, according to on e Ontario judge, hunting bull frogs is not covered in the Treaties . Two years ago, Doug " Uilliams and Wayne Taylor of the Curve Lak e Band were stopped by a (frog) conservation officer and charged with hunting outof-season an d without a permit . They went t o court and argued that they had a treaty which gives them huntin g rights . However, on August 1 6th , the judge ruled against them and fined them $25 .00 each for each of their frogs on the basis that th e treaty did not mention bull frogs The Indians introduced son e evidence to show that bull frogs are part of the traditional hunting . of their people . However, the ,fudge refused to admit evidence which was not spelled out in the treaty, and found them guilty . Most lawyers were shocked . Usu- ally when they are dealing with a historical document the court allows the admission of evidence t o demo nstrate what the document means in the minds of the people who signed it . However, in thi s case the judge ruled that the onl y way to judge a treaty is to read i t and if the words do not exactl y spell out what you understand, you cannot bring in other evidence t o say what people meant by them . I t is a very narrow interpretation an d not really very funny . The re are no treaties that specify what we can or cannot hunt for . Recognizing that there is more a t stake than the hunting for a few bull frogs, the Ontario people will be taking their case to the Ontari o Supreme Court next month for a second appeal . ~ ► UBCIC NEWS 19 LAST MONTH IN COURT BY Darrell Ned, July 31 to August 3 was the week o f fishing court cases for Indian people . In four days there were six cases . It was during that week that the Legal Task Force lost their first case . However, we also saw an extremely important case come to an end . July 31 . Chief Ralp Peters The case of Chief Ralph Peters o f the Peters Indian Band once again brought up the issue of confiscated fish . 135 fish were confiscated from Chief Peters . To date, none have been returned and he has not gotte n compensation for them . The only reason the Fisheries have any right to take the fish is to use them as evidence for a court case . However, the UBCIC lawyer says she has not yet seen any fish used in an Indian food fishing case . Therefore, there appears to be no reason why th e Fisheries should take the fish, le t alone keep them for the length of tim e they do . Indians have been told time and again by the Fisheries that their mai n purpose for existence is the conser- vation of the fish stocks . Allowin g 135 fish to freeze burn is not an efficient way to promote conserva- tion. On july 8, 1978, Chief Peters, hi s wife and several of their grand- children were stopped by the RCM P and Federal Fisheries . It was at night and the children were frightened . However, the officers took quite a while before speaking to the Peters . "You'd think we were criminals o r something by the way they acted, " said Mrs . Peters . They surrounded the car with four cars . Then they sat around for an hour talking befor e they attended to us . " Once the officers approached the car, they checked it and found the 13 5 fish . The couple had cut off the head s and cleaned the fish . However, they didn't cut off the dorsal fins . Although cleaning the fish easil y shows that they didn't plan to sel l them, the officers persisted in charg- ing Chief Peters with failure to legall y mark the fish . Chief Peters went to court thre e times hoping to see justice . The last time was on July 31 in Hope . At tha t time Louise Mandell asked the prosecutor to drop the charges . He refused . It wasn't until about on e week later that she got word th e charges were dropped. So, after a year Chief Peters saw some justice . However, his fish are probably spoilt after more than one year in th e Fisheries freezer . As far as Chie f Peters is concerned he lost the case i n the end . July 31, 1979 Matsqui Edna Ne d Edna Ned of Sumas Band wa s charged in September of 1978 wit h illegally disposing of fish, trans- porting fish across a commercia l boundary and possession of salmo n where salmon was illegal . The case came to trial in April , when the charges of disposing of fis h was dropped . On that day Edna tol d the court why she had crossed th e boundry line . She did so to bring th e fish to the Matsqui Band where she was to have to fish smoked . On the way she stayed at her grandchildren' s house. Other witnesses also took the stand to back up her story . Edna told the court that she thought it was alright to cross the boundry line if sh e was just going from her fishing site t o another reserve . CAPTION: Edna Ned's case was discharged because she had not intended t o break the law . CAPTION: "You'd think we were criminals or something, the way fisherie s acted", said Mrs . Peters. UBC1C NEWS 20 Although the evidence was hear d on that day, the legal argument wa s put off until August 1 . Judge Kelly of the Matsqui court decided that Edn a did commit the offences she wa s charged with . However, she was give n an absolute discharge . He did this because he realized she didn't know that she'd committed – any offences. It doesn't do the court any good to sentence someone who didn't mean to break the law . He also said he let her off because she is a ver y respected member of the community . The only problem left from the cas e is the confiscated fish There wer e about 80 of them . Because Edna technically lost the case, she cannot get her fish back . July 31, 1979 Matsqui Herbert Silve r Herbert Silver of Sumas Band was in Matsqui Court at the same time as Edna Ned . His case didn't go as well though . In October of 1978 Herbert was asked by a relative to give him a ride to his net to check it . Herbert gave the man a ride and was on his way hom e when he was stopped for speeding . The police checked the car and found six fish . Herbert was charged wit h possession of unmarked fish . The reason they weren't marked was because the men thought they had a knife at the river . However, they didn't . Although the fish weren't his at all , Herb was convicted and received a $25 fine . This was the UBCIC's firs t acutal loss this year . August 1, 1979 Ashcroft Bernard Hewit t Bernard Hewitt from the Cook' s Ferry Band, was charged wit h possession of fish in October of 1978 . His case came before the court o n August 1 in Ashcroft . After a confusing court case, Judg e Diebolt found Bernard guilty of th e charge . However, he was given an absolute discharge . Therefore, he ha s no record and was not fined . August 2, 1979 Lillooet Bradley Bo b The final decision for the Bradle y Bob case was heard after goin g through the courts for more than one year. See pag e August 3, 1979 Matsqui Doreen Bonnea u Doreen Bonneau is an Indian wh o wanted to learn the traditional ways of her people, and for it she was charged for failure to legally mark he r fish and illegally transporting fish . Last summer, Doreen was learnin g to fish from her father . Not only was she learning traditional fishing ways , she was also learning the rules of the Fisheries. Her father was teaching he r both. However, her father didn' t know that they weren't allowed to bring fish to relatives . Besides, he never cut off the nose and dorsal fin s because he eats the nose . Doreen was stopped last summe r for speeding . The officer checked he r car and found fish . She was unhappy with the way she was treated by th e officers . She said they held her for a long time before releasing her . In court Doreen explained tha t neither she nor her father knew th e law she had broken . Her other argument was that the process o f cutting off the nose and dorsal fins i s discriminatory against Indian people because it treats Indians differentl y than white people in the same situation . There is no law that says white people must mutilate their fis h to indicate ownership . The court didn't answer any of the arguments . Judge Kelly found her technically guilty of the charges . However, she was really let off wit h an absolute discharge . But for Doree n Bonneau, the anger is still there . • Support your Indian Governmen t fishing portfolio by selling o r buying raffle tickets . Bands inter- ested, please contact Herma n Thomas at 684-0231 local 23, o r write 440 West Hastings Vancou- ver . Thank you for your support . CAPTION: Doreen Bonneau and her father Jimmy Peters wait for her decision . Doreen's anger is still alive today . UBCIC NEWS 21 PENNAS K LAK E FISH-IN : A QUIET REMINDER by Ken Michel The Pennask Lake Fish-In is a n annual event and is regarded as a celebration of the on-coming spring and summer. Winters in the Nicol a Valley, in the time of our fore - fathers, were extremely harsh an d often accompanied by famine . Th e annual springtime trek to Pennask i n those times was viewed as the end o f winter and the beginning of summer . Men would go ahead of the peopl e and break a trail through the sno w and make preparations for camping along the way . Nevertheless many people died along the path to Pennask, victims of starvation o r cold . Many of our Elders vividly recal l the days of McKenna-McBride when they were granted the right to hold o n to their food fishing and huntin g rights . With the increase of sport-fishin g the consequent tourist attraction an d all the tourist dollars, Indian foo d fishing rights are being impinge d upon . In this regard the fish-in is a quiet reminder of the importance of th e fish to the people of the valley . Pennask Lake is extremely wel l suited toward this end . In addition t o the Indian history surroundin g Pennask, it is also the site of a worl d famous rainbow trout hatchery . The lake itself is literally teeming with fis h and there is thus no possibility of th e Indians wrecking any drastic ecolo- gical damage . With the Fish-in in its third year i t is becoming a well established occa- sion . Many people look forward t o the time when they can camp out, sing songs, catch fish, tell stories and t o quietly remind the world that th e Indian people of this valley view thei r fishing rights seriously enough to preserve them . Photos: Ken Michel UBCIC NEWS 22 ELDERSGATHE R AT SAANICH The Third Annual Elder s Gathering held in Saanich on Tsartli p Reserve, August 18th and 19th, wa s attended by people of all ages comin g from many nations . One by one, elders rose to speak , each reflecting the demise of elders , expressing the same thought in man y different words : the lack of respect shown to and felt by elders . The y talked about how our value system changed with the imposition o f whiteman's education and culture , and how this was beginning a break in the strict discipline practised by ou r people. It marked the beginning o f ridiculing the beliefs of elders and left in its wake generations of confuse d people . This is what affects our young people now . Deep down they really know where it's at, but lack th e spiritual strength and direction, many choosing suicide as the easy way out . This was further expressed by another elder saying—"How can w e expect the young people to respect us , when they cannot respect themselves, and until they do . . . ." The loss o f respect was blamed very much on the loss of language. The irony of the sit- uation was expressed in the thought s of another elder—"Why? Oh! Wh y do they (whites) want to learn ou r language, when they were the one s who took it away? " A local elder told in a matter of fact voice of an incident when he ha d tried to correct one young man wh o just out-right told him where to go . Another visiting youth stood up fo r the elder, almost causing a fight . Much later, the same elder, with s o much emotion, said he reall y feared that the gathering would not happen, that there would be no support ; but as he looked up and saw before him, all the young people, students, youn g men, women, young elders who parti- cipated, his facial expression said i t all. A young man expressed his feeling about elders as: "Awe ." He only re- cently discovered how `smart' they really were . His attitude to attending a meeting of elders had been that he only went because he felt sorry fo r them and that they were just old. Now his head was spinning from a new awareness at "how knowledge - able they are ", with love, respect, jo y and humility . A tradition that was developed b y Stalo Nation with the first Annual Elders Gathering is the Passing of th e Totem Pole which will ensure that th e Elders will always have a place t o gather once a year ; and the hosts wil l in a ceremony pass it to future hosts . The future hosts that received th e totem were from Nooksack an d Lummi, in Washington . Other events that happened were canoe races, tours of the Tsawout , Tseycum, Pauquachin and Cowichan reserves' in Duncan, and of the provincial museum . Ceremonial dances were performed by Chie f Hummingbird and his Sun Dancers , Henry Smith's Welcome Dancers , Abel Joe's Dance Group (India n Opera) Tzinquaw . Every event an d the words spoken made for a very strong gathering . UBCIC NEWS 23 FIRST ANNUAL The Stoney Creek Ban d held its first gathering on the weekend July 20. Spike drivin g and wood sawing contests as well as canoe races were well atten ded and Stoney Creek's own dance group hosted the nightly dancing . A good time was had by all. STONEY CREE K UBCIC NEWS 24 FIRST ANNUAL STONEY CREEK GATHERING The Stoney Creek Ban d held its first gathering on the weekend July 20 . Spike drivin g and wood sawing contests as well as canoe races were well atten ded and Stoney Creek's own dance group hosted the nightly dancing . A good time was had by all. UBCIC NEWS 25 YEAR OF THE CHILD AT MORLEY Photos: Leah George A few weeks ago, on July 28, th e Burrard Indian Daycare went t o Morley Indian Reserve in Alberta . I t was the Ecumenical Conference cele- brating the Year of the Child . In all there were forty-one participating i n the trip . There were three adult super - visors, seven girl student counsellor s plus three boy counsellors and, o f course, the children . It took ninetee n hours to get there by train . With al l those children, it wasn't a picnic . We arrived in Banff on Sunday morning, having left Saturday after - noon . We waited for the bus and ou r luggage as we were excited abou t finally being in Alberta . In forty-fiv e minutes we were lost, but soon were back on the right track to our fina l destination—the Morley Reserve . No fanfare greeted us, only the fact that we didn't have a tipi to stay in . The n we found a small tipi which coul d sleep ten . So ten people stayed in it , crowded with all the assorted luggage . By nightfall the rest of us were place d into tipis with extra room . Lucky fo r us the people were friendly . The grounds where the conferenc e was taking place were sacred . We had to understand that they were doin g things from days gone by, things w e were not used to . As they say : Yo u learn something new every day . The first few days were not ver y good as there was nothing for ou r kids to do . But always looking on th e bright side we found something . For littler kids, it was my stories ; for th e older it was horse-back riding . The n we rented a van and went to a near-b y lake . Our children were in better spirits and the horse lovers were i n heaven . Came Wednesday night and a Pow-Wow, all our children dis- covered hidden talent for India n Dancing and enjoyed it . Our ow n dance troupe : "Children of th e Shining Moon " sans our leader , nervously performed our "Swa n Dance " , which was heartily app- lauded . We attended a mass especially for the children . There were numerou s Elders who all spoke . Then they gav e all the children an individual blessing . Each child agreed that it was quite a n experience . s there were many people, th e meals were cafeteria style : first come , first serve . Plus volunteer help, fo r which we volunteered . Our help wa s happily welcomed . We met many different nativ e people . People from Alberta, the NWT, Montana, BC, virtually people from everywhere . It was interesting to see all the other tribes come togethe r to celebrate the Year of the Child . Fo r us, the children represent our chance for tomorrow . Seeing all the laughin g innocent happy children, I know we have a great chance . We left on Thursday August 2 . Even though we said we'd be happ y to leave, I was kind of sad . Sitting on the train we realized, in spite of lo w points, that we learned a lot and had fun while doing it . And we would gladly do it again . Arriving home in Vancouver, we missed the Morley Indian Reserve . Looking at all the smiling happy face s in the pictures we realized just ho w much fun we had . From these pictures we knew we had fun but we had to leave to realize it . I would gladly go on another trip such as this . Maybe back to Morley, we miss it! • UBCIC NEWS 26 EDDIE PETERS' INQUEST LACK OF COMPASSIO N Eddie Peters was in his late thirties and he lived in Mission ; he was a member of the Seabird Island Band . Eddie had a pretty serious drinkin g problem but he was very well liked b y the people in the area ; he used to g o over often to the shopping centre i n One morning last April, about noon, the people saw him standing outside the delicatessen . Then he fel l back on his head, with nothing t o break his fall . His mother was at th e Barber's and they rushed out imme- diately . He was unconscious an d eventually the police were called . Th e policemen and barber tried to put hi m in the back of the police car but they had a lot of trouble moving him . S o then the ambulance was called an d one driver arrived, without a stret- cher . Mr . Peters was placed in th e side door of the ambulance rathe r than in the back . He was just put on the floor and taken to hospital . Th e doctor assumed that he did not have a family doctor and that he was a n indigent, gave him stitches in the bac k of his head and sent him still uncon- scious, to the police to the jail . Mr . Peters died there a half hour later . At the June inquest, the doctor did not come with medical records and h e was asked to go and fetch them . During the break it was discovered that one of the jurors was related to an RCMP member . One particular section of the Coroners Act says tha t if a person dies within a penal insti- tution and an issue is raised as to the propriety of the actions of that insti- tution, then no member of the insti- tution will sit on the jury . The wife was not a member of the RCMP but i t seemed clear to the Coroner and t o everybody else that this was doubtful . After a call to the Chief Coroner in Victoria, it was decided that th e inquest should be postponed t o August 20th . The UBCIC lawyer requested that two Indian people be summoned to appear on the jury . On August 20th, there were seventeen people on the jury, inclu- ding two Indian jurors . More or les s the same evidence was presente d initially about the unconscious ma n going to the hospital . The evidence of the doctor, however, was that he wa s sleeping, but arousable, that h e seemed okay and could respond t o questions : it sounded like a different man . So the doctor treated him an d sent him to the police . The s doctor assumed that the police wanted Mr . Peters for further investigation, whic h was not true at all . The police woul d take him if the hospital didn't wan t him . The most dramatic part of th e inquest was when the nurse gave he r evidence : it was revealed, on cros s examination, that one page of th e three page medical report had been prepared after the documents ha d been subpoenaed for the inquest. This extra page was a result of the demand by the Administrator of the hospita l to the nurse . No one could tell b y looking at the documents when the y were prepared. Everyone assume d that they were all done on April 4th , instead of four months later . When i t came out in the testimony, it was a surrpise to everyone . The nurse' s voice was shaking ; she was reall y upset about it because she hadn' t wanted to do it . So the Administrator was called to the witness stand for his explanation as to why he had fiddle d with the records . His explanation wa s really weak : he said he thought all th e information was supposed to be i n front of the court . It was interesting to note that in 1978 this man, Ronal d Cox, was a trustee of the schoo l board . He was the one that presente d and promoted a motion that Indian students at the Hatzig Junior secon- dary school should not be taught unless the Indian people paid for th e new addition to the school wing . There were n o facilities at the hospital itself a t Mission Memorial Hospital for bloo d alcohol analysis, but the coroner did a little test with the answer "if you had wanted to find out what his blood alcohol level was, you could have found out in two hours " . The jury deliberated for two hours . They found that Eddie Peters never regained consciousness after he left the shopping mall, despite the evidence of the doctor and nurse . They found that he should ever have been released from the hospital in th e condition that he was in ; that he was treated very badly, as just a drunk . They then gave 12 recommendations : that there should be proper equip- ment to test blood alcohol levels ; that an ambulance driver who is not physically able to carry out his dutie s should not be on duty . The ambu- lance driver's reason he did not use the stretcher was because he had a sore leg . That there should be two ambulance drivers in every ambu- lance, that the police should not take into their custody anybody who was unconscious, they should take the m to the hospital and not put them i n cells ; than nobody should be release d from the hospital in an unconscious condition . There were other recom- mendations dealing with more fund- ing for alcohol rehabilitation centre s and things like that . These recom- mendations are from the jury and they are going to be sent to Ottawa, t o the Attorney General's Departmen t here and to everybody who ha s anything to do with hospitals . The Coroner estimates that 30 per cent o f a jury's recommendations are in fact , followed through . The new Coroners Act came int o effect after Alert Bay . It says that juries cannot establish fault an d blame but what the jury did wa s basically find facts from which on e can draw one's own conclusions . The main conclusion that the Coroner drew was the lack of compassio n shown to Mr . Peters during the last few hours of his life, from the ambulance driver, from the hospital , and from the police . UBCIC NEWS 27 CMH C ON - RESERV E HOUSIN G RIP-OFF CAPTION: A family of eight live in this house . How can DIA and CMHC ignor e the dangers of these electrical defects ? by Della Wilso n The Kitwanga Band is havin g problems with the CMHC Housin g Program . In 1975, twenty-two appli- cations were made for CMHC loan s by the Kitwanga Band Council . The CMHC Housing Program was intro- duced by the Department of India n affairs to the Band Council . The Kitwanga Band originally started ou t looking for homes that could be buil t on their Reserve, other than th e regular DIA housing . However, th e CMHC Houses were built almos t exactly the same as the DIA Houses . After looking around for new con - tractors, the Kitwanga Band heard o f the CMHC housing and after a meeting with the Department o f Indian Affairs and the CMHC, th e Kitwanga Band thought they go t themselves a good deal . So in th e spring of 1975 the Minister of India n Affairs guaranteed the loan appli- cations of the twenty-two that had applied . When the applications were made, CMHC told the Band Members tha t had applied for the new houses tha t their monthly payments would be between $150 .00 to $180 .00 . Instead , the payments were much higher tha n that, like about $280 .00 to $365 .00 . On August 14 and 15, 1979 I was in Kitwanga to look at these ne w CMHC houses . Larry Moore, Chie f Counsellor, and Glen Williams, Ban d Manager of the Kitwanga Band , showed me the problems with some o f the houses . Before entering the firs t home I noticed that the sidings an d carports of some houses were not completed and yet it was part of th e CMHC packaged deal . Landscaping was also part of the deal and yet th e homes looked as if they were just set on gravel pits . Walking through thes e homes and talking to the homeowner s I realized that they had been havin g problems right from the beginning . Some of the problems were sewer s backing up in the basements, septic tanks flooding in bathrooms, unleve l basement floors, electrical problems , one home which has electric heatin g has a 220 amp circuit hooked up with two light switches, and a door bell which should not have been there to begin with . The 220 amp circuit had a 100 amp cable running to the panel which should have been a 200 amp cable. Anyone would know that a 220 amp circuit automatically shoul d have a 200 amp cable . One of th e worst houses that I saw was that of Jasper Daniels . This house was i n such a bad state I couldn't see why CMHC or DIA had not done anything about it . Mr . Daniels' home had mould growing on all the walls and up from the floors and th e carpeting of the Daniels' home is deteriorating . Mr. Daniels says tha t the moulding started in the spring o f 1978 and still nothing has been don e about it . Mould in other houses has started and Glen Williams believes that the reason for this problem is that there is no ventilation in th e upper part of the house, and there is no air circulating in the homes . The administering of the whole deal right from the beginning seem s to be the main problem here. Mr . Larry Moore, Chief of the Kitwang a Band feels that the whole thing was not handled properly . Housing has become a strong political issue withi n the Band . By refusing to pay their monthly mortgage, the individual homeowners have put the Band funding in jeopardy . Last year th e Band's housing money was held up , some $24,000 . After the new council was elected the money was released to the Band . However, it is my under - standing that the Minister of India n Affairs is to take this year's funding as partial payment for payouts o f these houses . . UBCIC NEWS 28 The financial difficulties that th e Band is experiencing has increased th e Band's problems : they now have a n exceedingly poor credit rating in th e community . Some of the main issue s that are involved with these CMH C houses are that the construction o f these homes was partially done b y Carpenter Trainees of the Band and that some of the responsibility may lie on the individual Band members . In all the times that CMHC came t o inspect these houses after eac h advance of the homeowners loans , the CMHC should have noticed that the construction was faulty . Onc e CMHC did an altogether imprope r inspection and gave out the home- owners advance, nothing else matter- ed to them . According to Chie f Moore, some of the loans should never have been given to these homeowners . A credit check should have showed that they were unable t o handle monthly payments for a CMHC house . Mr . Moore says that some of the homeowners did not have steady jobs . I believe that some of the repsonsibility of the homeowners refusing to pay can lay on DIA for approving the applicants, as well a s CMHC . Under normal situations I feel that after each inspection of the homeowners' financial, situation, it would have been evident that som e applicants did not measure up fo r CMHC housing . The committee dealing with the CMHC housing situation in Kit- wanga has been meeting and planning exactly what strategy they should tak e on behalf of the homeowners who ar e refusing payment . The Regional office of the Depart- ment of Indian Affairs has appointe d the Gitksan District to see what the y can do to try and resolve the situation, and make the homeowner s pay their CMHC loans . The Kit- wanga Homeowners received letter s from the Regional Director General of DIA, F.J . Walchli, requesting tha t Chief and Council of the Kitwang a Band : 1. Pass a Band Council resolutio n cancelling allotment to home - owners of the described reserv e land ; 2. Pass a Band Council resolutio n requesting the Minister to recor d in the reserve land register th e cancellation for allotment t o homeowners of the described ; 3. Demand that homeowners an d all members of household quit possession and peaceably vacate the land ; on the ground that homeowners are in arrears of the monthly installments payable t o the Central Mortgage and Hous- ing Corporation on their loans, for a period longer than thre e months . In connection with this matter, I draw your attention to a Ban d Council Resolution dated Decembe r 9, 1975 wherein the Council obli- gated itself as follows : "4. That the Band Council will , upon default under the loan, and a t the request of the Minister, instruc t an agent on its behalf to commenc e such proceedings as may be neces- sary against the borrower and othe r members of his household to take possession of the house in respec t of which the loan is made ." That letter was that similar to the on e received by the Kitwanga Ban d Office, and the Homeowners o n February 19, 1979. Chief Larry Moore and Glen Williams, Band Manager, stated tha t they suspect the Department o f Indian Affairs and the Central Mortgage and Housing Corporatio n worked on this before they sold the idea to the Kitwanga Band . Today the Legal Department of the Union of B .C . Indian Chiefs are investigating the situation of th e Kitwanga CMHC Housing Projec t and so far nothing definite has bee n planned regarding what steps th e CMHC homeowners should take . Many homeowners say things like , "It is only because we are Indian tha t CMHC is doing this to us ; if we wer e white they wouldn't even let on e crooked nail or wall in the homes ." • CAPTION: There is mould right throughout the house, leav- ing no space for the one-year child who lives her e to crawl around. CAPTION: Last winter Jasper Daniels had to Kickhis way ou t of his new CMHC because frost formed inside th e house. UBCIC NEWS 29 RESOURCE CENTRE These are some of the books on Indian housin g at the Resource Centre . Canada, Department of Indian Affairs and Northern Development , Department Statistician Divions, Indian Housing Survey, 1975 . Ottawa : Department of Indian Affairs an d Northern Development, 1976 . Canada, Department of Indian Affairs and Norther n Development, Program Support Group . Preliminary report: housing needs analysis National summary statistics. Ottawa : DIAND, 1978 . • Ker, Priestman and Associates Ltd . Preliminary desig n sewarage system for South Saanich Indian Reserve #1 . Victoria : Ker Priestman and Associates Lt d , . , 1976. • Laubin, Reginald and Gladys. The Indian tipi: its history, construction and use. New York : Ballantine Books, 1975 . • Lloyd, Anthony J . Managing housing : background information for groups directing housing projects. Vancouver : Social Planning an d Review Council of Britis h Columbia, 1973 . vi . Canada, Department of Indian Affairs and Northern Development . Statistical report: listing of Information related to the housing needs analysis, 1977 . Ottawa: DIAND, 1971 . Canada, Health and Welfare Canada, Medical Services. Report: Indian housing survey south mainland zone . N .p . : n. pub ., n .d. iii . Canada, Ministry of State for Urban Affairs . Human settlement in Canada . Ottawa : Ministry of State fo r Urban Affairs, 1976, viii, 91 . Canadian Association in Support of the Native Peoples . Native housing : overcoming government neglect . From : Bulletin . August, 1976 . Committee on Interior and Insular Affairs, United States Senate . Indian housing in the United States : a staff re8 ort on the Indian housing effort in the United State s with selected appendixes . Washington : U .S. Govern- ment Printing Office, 1975 . vi, 646 p . National Indian Brotherhood . Declaration on Indian housing : policy paper. Ottawa : National Indian Brotherhood, 1974 . National Indian Brotherhood . Indian housing policy and program. Ottawa : N . pub ., 1976 . National Indian Brotherhood . A submissin to undertak e a study of Indian housing in Canada past, present an d recmmendations for the future . Ottawa : National Indian Brotherhood, 1971 . Pasco, R .S. Housing conditions and needs in th e Thompson River district : a study for the Thompso n River District Indian Council. N.p . : n. pub ., June , 1973 . Union of British Columbia Indian Chiefs . Fire prevention program . Vancouver : Union of British Columbia Indian Chiefs, 1971 . UBCIC NEWS 30 IN MY GRANDMOTHER' S HOUSE by Violet Birdston e During my childhood there were few places I favoure d more than Granny's, she and Grandpa had a simple 2 storey wooden framed home on a 30 acre farm next to th e highway which was built with the help of the whol e family, and paid for out of the profits of the farm . I can remember our family car approaching the simpl e structured house on a bright sunny day and the excitement that built up inside our stomachs in antici- pation as we neared the barb-wired gate . Opening the barb-wired gate was always the grand entrance because we knew everyone was looking out the window to check who was all in the car . There were no phones to announce our intended visit and who would think of writing a letter ? We would all pile out of the car and start playing wit h our favourite cousins for we all had someone about th e same age . Two aunts lived on neighbouring farms next t o Granny's so everyone automatically congregated at her place . On certain occasions one could count fourtee n grandchildren and ten adults . Her youngest son, who worked the family farm and ranch lived with his family a t this wonderful, mysterious house . I always envied the m for there never seemed to be an unhappy moment, an d they had so many different things to do . Every morning at 8 a.m. sharp a large three cours e breakfast was served with fresh eggs and milk and if yo u were a late riser you still had a good breakfast for ther e was always someone in the kitchen . The noon meal wa s four courses as well as the evening meal which was serve d at 6 p .m . sharp. Desserts were almost always wild berrie s of the season which the children picked during their play . Somehow, it seemed there was never any planning, thing s just got done . The cleaning was always done right afte r breakfast by the older girls while the mothers went o n with their handicraft, tended the garden, or fed the cattle . The men would go to the fields or tend the horses . I cannot remember any one ever resting except for Grann y or Grandpa and it always seemed such a short rest . Their home was simply furnished with plenty of chairs , tables, bear rugs, and a trusty old Singer sewing machine . There was a frightful religious picture of a sick man o n his death bed with the Angels above and Satan pulling at the bed clothes from below ; I often wondered who won and outgrew my fear only at the age of 12 . The dining room which was the favoured room for evening enter- tainment consisted of a large round oak table and te n chairs, the legs had carved claws which every grandchil d touched and wondered at . The bedrooms up two flights of stairs were also simple except for the large four poster brass bed, with large brass balls which one could loo k into and enjoy the funny shapes your countenanc e reflected . In the evenings the gas lamp would be lit by one of th e men and everyone would sit around the big oak table fo r tea . Granny would start by telling stories of the old time s when she was a little girl and how her family would travel over the rockies on pack horses to hunt on the plains in Alberta. Everyone would tell stories, each had their ow n style and sense of humour, the room was always fille d with warmth and laughter . The children went to bed only when they showed fatigue, an aunt would light up a pretty coal-oil lamp and lead the way up the stairs, th e children following reluctantly . Lying in our beds we could hear the laughter from downstairs, hoping the da y we would be allowed to stay up late would come soon . One morning my mother would wake us early t o prepare for our trip home ; the old model T took at least six hours to drive one hundred miles of winding roads, w e were always reluctant, and only after being reassured we would return some day, would we leave happily . UBCIC NEWS 31 EDUCATION Many of our students trying to further their educatio n have difficulty paying for suitable accommodation . Some students fortunately can find suitable accommodation s on campus, but many are not so lucky . Rents have rise n sharply in the past year but student rates paid by th e Department of Indian Affairs have not been increased t o meet the demand . This gives the off-campus student two options . First, to accept poor living accommodations whic h they can afford, and second, going into debt to pay for a more suitable place to live . The Department of Indian Affairs have employed counsellors : "to ensure that newly arrived students an d their dependents receive required orientation services . This may include, upon request of the student, locatio n of suitable accomodation . . . " (E 12 Policy) Too often this information is not made available t o students, and the students don't have enough time to find adequate housing. If the students have to pay more than 25% of their income for rent, the Department of Indian Affairs i s required to make up the balance . Students from around B .C. say this is not happening . Some of them are getting a frozen rate of $75 when in need, and in many cases this is just not enough . Many students have to take money from their food budgets t o pay rent and utilities . Students have enough problems just making it throug h school without having the added burden of figuring ou t how to make ends meet . This predicament is common to the single student with no dependents, to the married student(s), and to the single student with children t o support . From information gathered from students across B .C. there is a general consensus that training allowances b e increased to meet the needs of students . At the moment these rates are below the poverty level as dictated b y Statistics Canada . Poor living conditions and lack of money do no t encourage Indian students to further their education . This directly contradicts stated DIA policy that "the Post-Secondary Education Assistance Program i s designed to encourage Registered Canadian Indian an d Inuit to acquire university and professional qualifica- tions . . . " (E 12 Policy) The Union of B .C . Indian Chiefs, Educatio n Portfolio, is currently working under a mandate hande d to us at General Assembly to overcome this problem . NATIONAL INDIAN EDUCATIO N CONFERENC E To be held in Vancouver—April 198 0 This Conference will be 3-5 days long . The theme of the Conference will be "INDIAN CONTROL OF INDIAN EDUCATION OF 1980 " The main participants of the conference wil be fro m the Band Level . There will be 6 workshops : • Role in the take-over of local contro l • Indian philosophy of Indian education • Roles and responsibilities of local Indian school , boards The role of parents • Relationship with integrated school s • Student s Resource people will be the Band workers at the Band level . These Band workers can be expected to be contacted to be the Conference's resourc e personnel . UBCIC NEWS 32 MOUNT CURRIE DISCOVERS A MESS by Christina Josep h The Mount Currie Band asked th e UBCIC to research the Timber leas e on IR 6 and 7 and the Lillooet Lak e road . The two issues are linke d together by the new school an d housing development planned o n reserve no . 6 and also through th e road access to the site. The older of the two problems i s timber lease 125 . Originally it covered both James Maclaren and Bells land . James Maclaren was the holder of th e lease on April 1, 1891 . In 1903 the lease was exchanged to 21 years . In 1907 no . 7 was created from Bell's land but the Timber lease continued on that . land, without the knowledge of the Federal Govern- ment . While all this was happening North Pacific Lumber Co . took over the lease . In April 1924 the lease expired an d N.P .L. Co . wanted a renewal . The two governments (DIA and Superin- tendent of lands in B .C .) disagreed . On June 9, 1924, Mr . Cathcart o f the Province wrote to the DIA sayin g the Mount Currue IR 6 and 7 no w encroached upon the Timber leas e issued in the name of Ka Jame s Maclaren in 1891 . Cathcart argued that reserves should be subject to the Timber lease and that the holder o f the lease would have the right of entr y to cut and remove timber without interference . The DIA agent replied : the Prov- inces should recognize that th e Timber rights should have bee n passed to the Mount Currie Band . The Province did not change it s position : the timber lease was made renewable by statute and had priorit y over any title granted to the Depart- ment of Indian Affairs . It woul d appear from local stories that th e Department eventually accepted thi s position . In February 1930 the correspondence ends . Nothing really happened regarding the timber lease until the early 1970s . In 1974 about eight to twelve parent s pulled their children out of schoo l and hired a teacher and asked him t o teach their children . They worked th e class for one year . Later, when more students wanted to join, they went to DIA and they eventually got help . I n 1975 June 15, there was the rejectio n of all DIA's funding . Parents pulled all their children out of Publi c Schools . Then Mount Currie Band set up a road block over the Lillooet Lake road . The reason for this is the y found, after doing research, that the road was not legally taken in a few places . The road blockade stayed up fo r nearly two months and was remove d by the RCMP. In September of '75 almost all students from Moun t Currie attended the school that those parents started. It was not until 1977 that the Band found out the lease on IR 6 and 7 was still in force . This held back th e Band's plans for the new school on I R no. 6. At this time CFP Co . was holding the lease . The area they wanted was clear of trees so the Band finished off with the plans . The Band got the money to buil d the site then Forestry stepped into th e scene. In the summer of 1979, the Ban d asked the UBCIC for help on th e question of the lease and who had rights over the land and what to d o about it . The Union put its legal staf f on the problem right away . At th e same time they were asked to find out everything on the Lillooet Lake road that they could . Legal staff went to Mount Currie twice, once on the Timber Case, and the other on what to do on the road issue . They discussed options on the situation . The Band will be contactin g UBCIC when a decision is made o n what they are going to do . • CAPTION: Mary Williams and Juliana Williams on the Lillooet lake road. UBCIC NEWS 33 CHIEFS COUNCIL UBCIC NEWS—CHIEFS COUNCI L Chiefs Council met for 3 days last week (August 21, 22 , 23) and many important issues were discussed an d reported on. George Manuel opened Chiefs Council with a Prayer and a few opening statements before turning the chair ov r to Saul Terry . George was invited to Ottawa by the Native Council of Canada to receive an award in recognition o f his internationally-known efforts. RESOURCE CENTRE Gene Joseph, UBCIC librarian, outlined the services and holdings of the Resource Centre . We have the best-equipped Indian library in all of Canada, and are the only organization outside the Government with copies of `Record Grou 10'—a series of internal documents , letters, of the Department of Indian Affairs from 1870 to 1959. Gene also reported on the Original People' s Library Assoc., of which she is President . Chiefs Council gave their support to the goals and objectives of this Association . Everyone is reminded that the UBCI C Resource Centre is always open to you—for research , history, films, fiction books, etc . INDIAN FISHING This is our number one Priority issue and detaile d reports on Indian Fishing are in this issue (see stories pp . 8-12, and 20-22) However, Chiefs Council unanimously agreed, and gave direction that UBCIC staff send notic e to all Bands of B.C. to get together and think about way s and means of setting up a `comprehensive managemen t system' of marine resources. Timing is crucial right now , and the General Assembly coming up in October i s deemed to be the forum we 'all need to adopt th e Aboriginal Rights Position where Section 11 states : "Indian government. . . to include . . . all marine resources contained within the waterways and bodies of water that are established as being associated with our India n reserve lands." Further, Section 13 : "The productiv e Indian management of the environment within th e boundaries all lands, water and resource areas that have been established under the jurisdiction of Indian Govern- ment for the benefit of all Indians in B.C. and other B .C. Canadians. INDIAN LEGAL UPDAT E A brief summary was presented to Chiefs Council o f the work that Specific Claims and Legal have accomplished in 1978/79. Of these many cases, it was felt that the greatest success has been in forcing DIA to back out of negotiations between the Band Councils and other parties, and take the Bands' position in the negotiations . The position of the Union is to do research for the Band s and adivse the Bands of their options . The decision as to what course of action to take is left totally in the Bands ' hands, and the UBCIC supports whatever decision i s made. Legal has also prepared a "Copyright, Trade Marks and Industrial Design manual ." The final draft is now complete and we hope to have these out to the Bands as soon as possible. INDIAN SOCIO-ECONOMIC DEVELOPEMEN T John Warren, our present Socio-Economic Co-ordi- nator, formally announced to Chiefs Council that he wil l be leaving us in November . John has contributed greatly to our needs and we will miss him . We were introduced t o Phil Thompson, who is on staff now and will be takin g over the Socio-Ec . Portfolio. Phil made a firm statement of his plans by explaining that now that various positio n papers have been prepared in socio-economic develop- ment, our next step is to implement them . Sounds like busy year for 1979/80 . INDIAN ENERGY AND RESOURCES See the fight against Tahsis in Gold River (page 4) Hat Creek Steven Basil reported that community meetings will take place on the Bonaparte Reserve, tentatively September 24th . We have been working on a visual presentation about Hat Creek and this will be ready fo r the General Assembly. West Coast Oilports Barbara Kuhne gave Chiefs Council a brief of the 4 proposals for the controversial oil pipeline. The U.S. government is forced to make a decision by December 6th, 1979 and because 3 of these proposals are route d through Canada, we, and other concerned organization s are on the alert. UBCIC NEWS 34 CHIEFS COUNCI L INDIAN GOVERNMENT Chiefs Council endorsed the Aboriginal Right s Position Paper and Flag, which now gives our India n Government Portfolio the authority to procede stronge r and further . Many people are still confused abou t Aboriginal Rights Position, the British North America Act, the Indian Act, without realizing that the concept o f Indian Government is all of these things, that it 's our way, and it's up to us to decide our alternatives . The theme of the 11th Annual General Assembly is "INDIAN GOVERNMENT" and between now an d October, we will all be working towards ensuring that everyone has a very clear definition of the Aborigina l Rights Position . Paper . A booklet is now being prepared to explain the paper, and the next issue of the UBCI C NEWS will concentrate on Indian Government . 11th ANNUAL GENERAL ASSEMBLY Bobby Manuel and the Indian Government Portfoli o staff have been working closely with the Conference Committee in planning this year's Assembly, with th e theme "INDIAN GOVERNMENT", and everything is progressing very well . Plans are going ahead with th e Assembly, and bulletins with more information will b e going out to all Bands very soon . INDIAN COMMUNICATIONS An update was presented to Council on the Radi o Training Program which is scheduled to conclude o n September 28th . The program has been a success, and th e 4 trainees, Della Wilson, Ken Matthew, Joyce Bourass a and Mel Seymour, are now working out of radio station s in B .C . for 8 weeks . There is a need to develop Indian people as Communi- cations specialists, especially in radio, and to develop radio packages for Indian people throughout B .C ., and Chiefs Council endorsed their support of this goal . WESTERN INDIAN AGRICULTURE CORP . Bob Pasco and Gordon Antoine gave activity reports of WIAC and requested the acceptance of 2 new Board Members : Len Marchand and Jack Mussell . Chiefs Council accepted the report as presented, and the additional Board Members . INDIAN EDUCATIO N Now that the "Clarke Papers" relating to College Programs have been formally rejected by Chiefs Council , progress will carry on for our own Band Training . Most of this information has already been sent out to th e Bands . It has become evident in recent months that a PROVINCIAL EDUCATION CONFERENCE IS NEC- ESSARY IN B .C . Tentatively planned for September, this conference will deal with all major Indian Education isues facing us in our goal of Indian Control . ADMINISTRATIO N Chiefs Council accepted the audit of the UBCIC for 1978 Fiscal as presented . Official copies of the audit wil l be available for the General Assembly . CAPTION: Left to Right: Chief Wayne Christian, o f Spalluncheen, Chief Archie Pootlass of Bell a Coola and Chief George Saddleman of Uppe r Nicola at Chief's Council. UBCIC NEWS 35 "When we first started talking agriculture to DIA one thing we had throw n at us was `Look at Seabird Island. Boy, Seabird really flopped. ' We ate tha t for the first two years . Then we thought : well what did Seabird do? They were just slapped down as a public example like : `Well, they tried but they couldn' t make it .' Then we saw it wasn't all Seabird's mistakes . There was DIA an d ARDA in there too . And then we thought: `Well, Seabird is still there, an d that's their home and that 's their land.' We looked a little bit closer and it was an example of a good program . And now the outsiders are eating their ow n words because Seabird's doing just fine, and in their own way . They need to g o for outside help once in a while, sure, but it is under their own management . They are their own government ." [Pat John, Hope Band Manager] The Hope Band is hoping to use 600 acres of arable land to build u p a strong beef herd. BAND FARM PLAN S As you enter the major Hope Band reserve, you pass a little house in the trees with a cow grazing nearby . There is an Elder, Evangeline Pete living there with her cattle, the onl y one now . Hope Band used to be nearly self sufficient . There were seven or eight large family plots — those families had their own land : it was fenced, cleared and the famil y provided . They had their own hom e gardens, chickens and grazed their own cattle . And they had their ow n cattle marks so if there was any ope n grazing, they could all use it . They used to grow spuds and corn and th e usual vegetables . Band researchers say they used to grow tobacco her e too . There are plenty of deserted orchards around : they haven't been pruned or anything but there are lot s of cherries, apples, plums and there are a few pear trees . You find that in just about all the East Fraser reserves . Now there are just a few deserte d barns around . Research shows how the building o f the roads in the area brought new values that started a transient trend away from the Band farms . The Highway Dept . took away a lot o f incentive . The Indian people had self- maintained, lived off their land ; the n the roads came and the need fo r money . Then the people started going off to other fields and areas, following logging because they need - ed money, and the land was deserted . It's the same thing that happened when the highway went through in th e north . It brought a money econom y where there was a land econom y before . NEW AWARENESS OF AGRI- CULTURAL POTENTIA L Now there has to be an awarenes s created about the potential of th e land, especially with agriculture . "There are so many reserves left idle , that were once producing . People aren't aware of what they have any - more, " says Chester Douglas, are a fieldworker for the Western India n Agriculture Corporation . One of the Bands who are ready t o test out their agricultural potential i s Hope Band, following the eta ' °'. the Seabird Islam! As Pat John explained : "There have to be examples, a fe w who will try it out, stay with it . Because there will be a few ba d decisions before you find the goo d one . And one of us is going to hav e to be that example to our brothers" . The Band has been turning ove r ideas and researching specific one s for some time now . They started wit h the water system, wanting to channe l off the water from the hills into fir e protection . Planning for fire protection turne d into plans for a reservoir and also a n energy source for agriculture, the new homes and Band office . The main thing is recognition of th e not:,~iial : there is such a lot o f potential on all the reserves aroun d the East Fraser . UBCIC NEWS 36 CAPTION: Ermerald Bernadette and Ronatta Evangeline near their winte r hockey field : which has a summer potential for wild fowl, wild rice , trout farming and floating garden s AQUACULTURE POSSIBILITIE S One of the main interest areas is Aquaculture, making use of th e sloughs that run through the reserve . They have about 200 acres that can b e used for wild rice . This hasn't bee n tried in the Hope area yet . Th e researchers are getting material o n harvesting snails and frogs for th e Japanese market . There is mor e enthusiasm for a trout fishing enter - prise . "What I like about it is you can sell trout!" says Chief Ron John . They have visited other trout "farms " that are also valuable as attractive t o visitors . Some of the aquacultur e ideas are already being tested : taking advantage of the natural setting, th e Band is introducing wild geese . The y started with about 35 wild geese bu t as the geese keep to a two-year cycle , they don't know how many wil l return to the Hope sloughs . When th e geese are settled, then maybe woo d ducks will be introduced . There are a lot of beavers already there, too man y in fact ! So there are many possibilities . Another particular enthusiasm that i s being investigated are the "floatin g terrariums : plants growing in wate r with no artificial help . You don' t have to be poisoning up the plant s with fertilizers . They are doing this i n the Peninsula Sound in Washingto n State and they have these big gardens with tomatoes and spuds and lil y pads" . It's a natural and successfu l experiment . According to a recent surve y conducted by Sonny McHalsie and Ida John, the young people especiall y have shown an interest in reviving th e orchards . PLANNING FOR BEEF PRODUCTIO N Beef raising is another majo r interest, both for the family an d community lands . There are about 600 acres of arable Band land, an d already some fine Hereford cattl e grazing around the Band office . What is holding people back right no w apparently is the need for mor e fencing ; and also seeding for ha y grazing . During the past few years , quite a bit of land has been cleared and there are plans to put grass down this fall to keep the top soil in place . Right now people are discussing th e advantage of thistle and grass silag e over the cheaper but less protein cor n silage . The advantage of grass silag e is that when your hay is threatened b y weather you can just cut it and turn i t into silage . But there is no hurry fo r decisions about raising beef . The people say that right now beef price s are way up . According to the WIAC fieldworker the main problem with beef planning is that you're workin g on a long term financing . Chester Douglas described how, when bee f prices were down so low a few years ago, a lot of people sold out becaus e they couldn't hang in there . If they' d been able to hold on til now they ' d have been doing pretty well . A lot o f people don't realize that with beef , you're not working on a year-to-yea r basis . But you have to use a sort o f cost/income averaging over a fiv e year-plus period . Something that is a more imme- diate possibility is a small portabl e saw-mill . What excites Chief Ro n John about this is that it could be a year-round operation . The Ban d could get a portable sawmill fo r clearing the land on the reserve, an d sell the timber they don ' t use . The n they could buy raw timber off others . Operation costs are minimal . "What I'm looking for is employment for m y people, with a small profit for the Band ."' 0 RESOURCE POTENTIA L MAPPIN G The key point right now is gettin g the resource mapping done . This i s being carried out by an outside con- sulting firm . It seems that mos t agricultural projects start out wit h one plan . Then as the people get th e CAPTION: young people want to revive the orchards. UBCIC NEWS 37 TSIMSHIAN FOOD GATHERING feel of things the people find out thei r own areas, check out more soun d ideas . So the initial planning an d research of all possibilities and pote ntials is vital . As the Chief explained : "We've been through a lot in the past six months . There's no con - centrated area to study—we foun d we had to spread out a bit to find out our real potential . We had thorough studies done on quite a few things, such as soil analysis etc . Also you have to work on the neg- ative things as well as the positive . It's a help to find out our mistakes in good time! " Chester added another concern : "When you start something, yo u are creating jobs, but also you ar e creating responsibilities that hav e to be kept up . " And the Chief was concerned with the problem of starting at the top with consultants and working down ; in- stead of working up form Commu- nity level and expanding slowly . "We need to work into this, to train our people into it . " AGRICULTURAL RESOURCE S The Band has been working closel y with the Western Indian Agricultural Corporation since it began . Gordo n Antoine, General Manager, firs t came in to look over the prospect s and now Bob Pasco, President an d specialist in planning and training, i s working as consultant to the Ban d over their next stage . This a is a full feasibility study o n an agricultural operation, a projec- tion for four or five years down th e road . This means getting together all the studies that have been done t o . date : soil analysis, land resource capability and marketing studies . It will involve looking at managemen t training and resources for resource people ; working with Band member s to find out who wants to take wha t kind of training and stick with it, an d who is going to go to school and tak e training there . Training can be offered by WIAC that is tailor-made for the needs o f the individual Band and this is what excites the Hope Band . WE BU Y MUSHROOM S Again it's nearing the Mushroom Season and we ar e ready to buy your mushrooms . Last year we had a goo d season and hope you did as well . We hope this year wil l be better for you . We are Hokuyo Marine Products Ltd . , formally known as Sea Port Fisheries Ltd . Our staff is stil l the same : our name is the only change . Our plant i s located near our old plant at 520 Clark St ., Vancouver , B .C . Hope to see you again even if it's only for a cup o f coffee and a chat . Our prices : $7 .00 per lb . for buds ; $5 .00 per lb . for ope n or broken pieces . HOKUYO MARINE PRODUCTS LTD . OFFICE-110W . Hasting s Vancouver, B . C . V6B 1G8 CAPTION: Above: Sprin g brings runs of ooli- gans to the waters, which are smoked and als o made into grease . CAPTION: Above Right: Earl y summer is th e season to pick an d spread seaweed to dry in the sun . I t is then either left i n the squares o r chopped an d sometime s roasted. UBCIC NEWS 3$ TSIMSHIAN FOOD GATHERING cont . by Audrey Dudowar d FALL RUNNING INTO WINTER The Tsimshian Indians, on the North-West Coast of British Colum- bia now known as Port Simpson, a n isolated village 35 miles north o f Prince Rupert, harvest clams, mu ssels, cockels, chitons (sometimes called chinese slippers) . They pu t them up in jars, or smoke them til l they are dry . They also go hunting for deer, canada geese, and mallards . WINTER RUNNING INTO SPRIN G The Tsimshian go up and pass int o Red Bluff to harvest ooligan, string them up on cedar and dry them outside and put the heads togethe r and put them on sticks and put the m in the smoke house . Their smoke houses are tall, about two storie s high . They load up a large bin wit h ooligans, till it's full, then pour ten buckets of cold water then they star t cooking the ooligans for about eight hours . It all depends on how long it takes to cook the bone . The water takes the bone to the bottom of the bin and the grease floats to the top . They keep testing the ooligan. When the meat falls off the fish (candle sticks), the grease is done . They skim the grease off and put them int o smaller bins, where they take lav a rock and put them in an open fire till they are red hot . They take one out at a time, wash it, and drop it in th e smaller bin . Three rocks go into eac h smaller bin . At about the same time, they are harvesting herring eggs on the coast . They cut down Hemlock, Geete, tree s and tie a drift wood on it and ancho r it . They cut off the branches and tie it along the log . The herring lay thei r eggs on the Hemlock branches and i n three days they are full . They pull them up and are ready to eat . You can eat them raw or cooked . They als o salt them in barrels and put the rest i n baggies and freeze them. The rest they dry and store . At the same time if thr e is a big tide they go abalone picking . SPRING RUNNING INT O SUMMER Now we Indians stay away fro m clams and any sea food as they are poison. As soon as spring rolls around, now it's time to can Sockey e and to smoke them . Only a handful of women still smoke their fish . I believe the young women are afraid to dirty their hands . It's true they are . They also harvest seaweed and yo u need nice hot sunny weather to dr y the seaweed . Then you wait for summer to chop them and put the m out to dry, again for three full day s till they are really dry . There is a lo t of work involved in seaweeds . You pick them, spread them out and dry them . In summer when it is hot weather you sprinkle them with clea n salt water from the ocean, and cho p them, now you put them outsid e again to dry and you wait three more days ; you keep putting them out for three days . Now you need a special wood chopper, like a big axe . After the ritual of smoking fish it i s right in the middle of summer . No w the blueberries are ripe, salmo n berries and huckle berries . The women and children go pickin g berries and make jam and jelly , blueberry pies, rhubarb and rasp- berry . The women also buy by th e crate peaches, apricots, plums an d green gage, preserve them and mak e jam . This is the season we are in righ t now . SUMMER RUNNING INTO FAL L Now is the time to go up the rive r and catch humpies (salmon), smok e and dry them, also put them in jars, half smoked and fresh . Up river fis h taste different, it has a taste all it s own . Now they pick wild crab apples , and tall berries and make jam out o f them . This is about the season and time for the men to go out mountai n goat hunting, also moose if there i s any around . So all four seasons are very busy for the Indians except i n between when you have time to Indian dance . UBCIC NEWS 39 KINCOLITH : A NORTHER N RESERVE by Darryl Watt s The village of Kincolith is situate d on the mouth of the Nass River i n Northern British Columbia . Furthe r up river lies Greenville, Canyon City , and New Aiyansh . These four village s make up the Nass Valley . My home town is Kincolith where most of m y life has been . Kincolith is a very isolated com- munity . There are only two ways t o getting there and that is by sea plan e or boat . The weather is very hazardous during the winter month s because of gusting winds which mak e it impossible to fly and dangerous fo r boats . My early years in Kincolith wer e like those of any other kid growing u p on a reserve where you were carefull y watched by the Elders . Being on a reserve as a youth was being outdoor s a lot, helping around with chores . One of the chores would be to cut wood, pile it and store it . Variou s other chores were expected to b e done . I remember the village had its own lighting plant . Every night at twelv e midnight the plant would be shut of f until dark the next day . It made i t rough on us : we would be oredere d off the streets at 8 :00 p .m. by th e village constable . PREPARING INDIAN FOOD S Other parts of growing up on a reserve was to help prepare India n food, which is a part of every India n tribe's culture throughout America . A popular food is salmon . They ar e smoked, canned and dried . Also oolichan is another important source of food : they are smoked and su n dried . The making of oolichan greas e is done yearly at Fishery Bay . Withi n the village at the same time seal-lio n meat is worked on : it is smoked , CAPTION: Riding the boardwalk UBCIC NEWS 40 CAPTION: The first graduating class out of the Nass Valle y dried, and then canned . The hunting of wildlife outside th e vilage is usually prosperous . Moos e and bear are popular game, along with an occasional hunt for deer an d mountain goat . Food preparation i n the village is greatly respected by th e people and is important for th e survival of an isolated community . The population of Kincolith is abou t three hundred people . Occupation is usually slack : local village works are always in demand , with the repairs of public building s done yearly . B.C. Hydro is under way with slashing brush, and cutting awa y trees to get in hydro lines . Also a salmon enhancement program is i n full swing . We are waiting for the re - opening of a logging camp across th e village for more employment . EDUCATION IS TAKEN VERY SERIOUSLY within the village, an d the rest of the valley . With the opening of Nishka Elementary Sec- ondary School in 1976, our student s no longer have to leave the valley . Each community in the valley has an elementary school, from grade on e to seven . The high school is located i n New Aiyansh where it goes to grade twelve . Students from Kincolith fro m grade eight to twelve stay in six Grou p homes, above the school in Ne w Aiyansh, which they make home for the school year . They are very well equipped with all the needed equip- ment . The school is beautifully finished with up-to-date equipment , for the metal shops, science labs, an d gymnasium . I hd the pleasure o f being one of the first graduates out o f Nishka Elementary Secondary School , and feel there will be many mor e coming out each year . Our first graduation class gradu- ated this year . It was on June 9, 1979 in which thirty-two students gradu- ated from neighboring villages alon g the Nass . Many of them will be goin g on to further their education i n various colleges in B .C . this fall . We had a total of twelve graduate s from Kincolith, the most ever to graduate form the village in one year . More are expected too, next year . I BELIEVE THROUGH ED UCATION IN THE NASS VALLEY , OUR INDIAN CULTURE WILL B E FULLY RESTORED . To grow up o n a reserve, is very rewarding to an y individual wanting to keep his or he r culture alive . To see inflation the way it is today , the Indian culture could and will pay off for many tribes in B .C . and elsewhere . We are in a position where we can avoid inflation by making us e of what ' s around us . Living off the land is a part of our heritage and w e may soon have to depend on the lan d to survive . • CAPTION: Herbert Doolan's camp near Fishery Bay (1960) UBCIC NEWS 41 THE COMMUNITY NEW S Band newsletters seem here to stay . . . . Funding for all Indian news- magazines and newsletters is more difficult than ever this year ; but eve n so, it seems that no one can stop th e flow of brightly coloured Band news - letters that come out every month, or nearly every month . Core Band or Cultural Centre funds, summer an d student employment programs see m to be about the only resource left, bu t the community newsletter seems to be a permanent feature now . When you look at a few of them , there seems to be a definite B .C. style . Not that the papers are all the same , but there is something that come s through all of them ; a caring and a humour about the details of commu- nity life that shines through in the news of the new babies, who has go t married, who is sick and who i s better; the monthly birthdays, th e doctors or dentists visits : Do yo u want to know when the Bingo is an d who is raising the money for what ? Somebody won a prize at school an d soon everybody will know. All of this is written in the everyday language that everyone can understand . There is a wonderful sense of the close-kni t community . Then there is the Ban d business and the reports written by all the staff . You can often feel the las t visit from the bureaucrats they deal with from the stiffer language of th e "report " . But this is enlivened again by th e community joker—where does every - one find all these jokes every month ! The children like to write and ad d their drawings, and the commmunit y artists contribute beautiful covers , illustrations and decorations . Faye Edgar of the Bella Coola Band wrote to us about new developments in their newsletter. On August 2nd, we had the oppor- tunity to have a workshop with Bet h Cuthand on the planning of ou r newsletter . We all thought the Ban d newsletter is very important to ou r people and can be used for communi- cation from the Band Council and th e Band staff. Having the workshop was sur e helpful. Flora Andy, our editor, felt i t was useful and she would be able t o put more thought into the newslette r instead of just putting any infor- mation she got straight in . Befor e people would just pick things out o f other papers and stick them in bu t now we want to write what we want i n and also we have the option to refus e to put things in like a letter the police corporal wanted us to put in . We're asking Band Council mem- bers for reports on what they're doin g each month, and a message from the Chief. Now we're putting a lot more thought in the paper to make people want to read it . We don't have the funding for a paper here ; but in the meantime we'r e just doing it with what we can get . We never had pictures before and we'r e trying to get them in, now, like fo r recreation, housing and things . But you need a scanner and a scanne r costs a whole lot ." Susan Harry has put together "Alkali Sneaks " since about 1971 . "Each group writes a report and there's always one person who write s about their own thing, like the rode o news . We do this all at the Band . We have a gestetner and we put it together here . Once in a while people come in to help . We make about 100 copies but that is not enough . The subscription rate is $4 .00 per year . We decided, when we first started, t o let the people on the reserve kno w what was going on in the Band offic e and it kept getting more and more , and now it goes throughout B .C. an d we sent a few down - to the States, t o friends that want to read our paper . Now we are just getting ready for our August issue, collecting articles from people. When they're not ready, they just give you a big smile : I'm getting a lot of big smiles right now! " The "Stalo Nation News " is put to- gether by Frank Malloway and Becky Charles at Coqualeetza . "We print about 750 copies ever y month . Sometimes we think people don't even read our newsletter bu t then if we miss an issue or make a mis- take then the phone calls come! We'v e UBCIC NEWS 42 hired an off-set press operator and w e try to keep the costs down but metal plates look much better though i t adds about $60 .00 per month . We started as a simple newsletter in 1973 , one sheet . But our largest issue wen t up to fifty pages earlier this year . Most of the staff take pictures . W e have a dark room technician wh o does the processing, Vaughn Jones from the Ohamil Band . We pur- chased on of those IBM electri c composers so we can typeset our ow n booklets and other people 's publi- cations . It also cuts down the size o f the newsletter a lot by printing mor e on one page . " Lyn Terbasket, Ramona Louis , an d Karen Terbasket have been putting the Lower Similkameen paper out fo r over a year: "What we did was come in after school and work on it for a week . We get the office workers to do up their reports and if we hav e time, we go out to interview an Elder and we write up that . We make abou t 70 copies. The local people do the artwork—like Nancy Allison an d Casey Denis and sometimes Lyn . The main purpose of the magazin e is to let the people know what is goin g on. It's only students that have bee n working on the newsletter and all three of us are entering Grade 12 thi s year . It has nothing to do with ou r schoolwork though, we just do it because we want to ." Doreen Saul is the Editor of Lexyem which tells the news of the Kamloop s Indian Band. The cover above illustrates a bridge story and was drawn by her brother Jesse Seymour. It's a pretty heavy magazine and wit h costs going up, they have had to cu t back from a monthly magazine t o about four issues a year. After September the summer gran t for the Hope Band's paper will run out. "Then " , says present Editor Ruth Peters, "the paper will be done on a volunteer basis. The art comes fro m local people, and also from artists i n Agassiz Mountain Prison . The maga- zine is distributed to 200 people . I think it offers a real good opportunity for students, even if they came on a volunteer basis. We would like t o receive news from the other reserves . Nancy Ludwig co-ordinates the Prince George Friendship Centre pape r which goes to all the organizations, centres, departments and institution s in the area: "We print anywhere from 200 to 250 a month . Our Program Directo r gives us the stuff she wants in, and th e order she wants . I put it through the copy machine . Then we have tw o streetworkers who put it all together , address them, and send them out , Ruby Moore and Mary Prince . We've had guys trying to help us before bu t they just made it more difficult . S o there's just the three of us now. If anyone wahts anything in th e newsletter, they just get in contac t with us, like the Native Courtworker s put in quite a bit . The kids also like to put things in . Bob Sebastien usually does the art- work and he doesn't charge us, s o that is pretty good . " The Nicola Valley Administratio n puts out a newspaper every few weeks. They also have problems with funding and make do with what they can . Austin Sterling and Lyn n Jorgensson do most of the writing, co-ordinating, typesetting and lay- out. The circulation is 850 and the y get about 300 subscriptions at $5 .00 per year. "We like to keep our paper loose, " explains Austin . "We don't try to make it like the New York Times . I consider it a newsletter more than a newspaper, like we can pass a little opinion on some of the events that are happening . Sometimes, as Indian , people, we don't know how othe r people feel about things, and we lik e to know ." • UBCIC NEWS 43 HELP WANTED EDUCATION INDIAN EDUCATION DEVELOPMENT OFFICE R Term appointment : 10 months . Salary : $1600-$1800 per month . Responsibilities : Identify students' potential and educa- tion needs ; identify appropriate courses ; assist in development of courses ; assist in organizing of deliver y systems . Qualifications : a person who has an adequate back- ground in, and understanding of, Indian culture, an d education ; good communication skills ; organizin g ability . The person hired will work with the Fraser Valley Colleg e and the Coqualeetza Education Training Centre . Deadline for applications : September 7th, 1979 . Applications to be sent to : Bob Hall , Box 370 , Sardis, B .C . V0C 1Y0 For further information, call Bob Hall, Tel : 858-943 1 NOTICE REGARDING TH E RAY COLLINS SCHOO L To all former students and others who have bee n associated with the Ray Collins School, (now known as the Urban Native Indian Education Centre) . In order to ensure the continued operation of th e Native Adult Education Centre at 326 Howe Street , Vancouver, we are requesting from you letters of suppor t as to the need for the continuance of the Centre and a statement of what assistance the school was to you whe n you attended . Many are unaware of the number of adults needin g educational assessment which they are unable to receiv e elsewhere . Approximately one thousand (1,000) peopl e have registered here through the past eleven years . Therefore, a letter of reference from individuals and organizations will be of great assistance . Please forwar d your letters of support to : Urban Native Indian Education Societ y #103-326 Howe Stree t Vancouver, B .C . V6C 2A5 Thank you for your cooperation . COUNSELLOR SPALLUMCHEE N ALCOHOL ABUSE COUNSELLO R Job Description 1. To educate the Reserve population on the negativ e effects of alcohol abuse . 2. To provide alternatives to alcohol abuse throug h recreational and work programs . 3. To be able to speak to different groups (such a s schools) on alcohol abuse prevention . 4. To develop a working relationship with referra l agencies and other groups in the community . 5. Counselling with families and individuals who have been adversely affected personally by alcohol abuse . 6. Applicant must be prepared to work irregular hours . 7. Applicant must live or be willing to relocate in th e Enderby area . 8. Must have valid driver's licence and own vehicle an d telephone . 9. Must do follow-up on individual cases afte r treatment . 10. Desirable but not necessary to converse in th e Shuswap language . Personal and Professional Characteristic s 1. Preferably Native or of Native origi n 2. Emotionally stable and matur e 3. Counselling ability ; ability to listen ; interpret and understand ; ability to be accepting and supportiv e 4. Good communication skills . Should be able to wor k with every family on reserve 5. Ability to make decisions ; to work independently when necessary ; to be resourceful 6. Ability to work with other staff member s 7. Ability to use supervision and consultation, to accep t advice and criticis m 8. Be a Nechii graduat e 9. Salary $984 .40 per month . Closing date September 21, 1979 Apply to : Spallumcheen Band Council, Box 430 , Enderby, B .C . V0E 1V0. 838-649 6 Attention : George Thoma s UBCIC NEWS 44 CO-ORDINATOR POSITION AVAILABLE MEMORANDUM OF AGREEMENT COORDINATO R The Union of B .C . Indian Chiefs has negotiated with th e Department of Indian Affairs concerning the Local Services Agreement which Bands will be required to sig n next year . The two organizations have agreed that an individual is to be hired by the UBCIC coordinato r meetings with Band Councils to explain the agreements and to organize training programs covering th e agreement . Duties of the position are: • to work under direction of UBCIC Administrator an d the UBCIC Committee on the Memorandum Agree- ment • to be familiar with the UBCIC Draft Memorandum o f Agreement • to co-ordinate other necessary technical staff as ar e required to develop course contents for the proposed series of workshop s • to work with other UBCIC and DIA staff wher e necessary to insure that Bands have access to all an d related materials to Memorandum of Agreemen t • to insure Administrative and Financial guidelines ar e adhered to while carrying out these job dutie s • to organize and co-ordinate the necessary Memoran- dum of Agreement Workshops through B .C . as planned by UBCI C Qualifications : • University Training or Equivalent • Must previously have worked for a Band Admini- stration (at least 2 years) • preferably of Native Indian Ancestr y • familiar with B .C. Indian Organizations • familiar with the DIA Programs and Procedures Job Term : • Commences on or soon after September 15, 1979, an d may terminate April 30, 1980. Salary : From $1400 per month depending on qualifications . Applications : Rosalee Tizya, Administrato r UBCIC , 440 W. Hastings, Vancouver SECRETARY INDIAN GOVERNMENT PORTFOLI O The Indian Government Portfolio of the Union of Britis h Columbia Indian Chiefs is accepting applications to fil l the position as Secretary . It is essential that this person b e efficient and able to work under minimal supervision . This person should also be familiar with office machine s and experienced in general office procedures . Preference will be given to people who have had some experienc e working in an office and to people who have som e knowledge of Indian problems and/or some backgroun d in Indian issues . This is a very challenging position, ideal for someon e with initiative, a pleasant, easy-going personality and th e ability to work in a team-oriented office . References are necessary . Salary negotiable depending on experience . Please submit resumes to the attention of : Debbie Hoggan , Indian Government Portfolio Co-ordinato r 3rd Floor—440 West Hastings , Vancouver, B . C. V6B 1L1 Deadline for applications is September 15th, 1979. r HOME WANTED SPECIAL NATIVE HOME NEEDE D Do you live in north-east Vancouver, Burnaby or Ne w Westminster? We need a native family who ca n provide loving care for up to five children temporaril y separated from their parents . A guaranteed rate i s provided as well as board, clothing and medica l expenses . If you live in one of these areas, have extr a room in your home, and have the time and energy , please call for further information. Mona Packer Audrey Fondric k 251-1701 251-170 1 MINISTRY OF HUMAN RESOURCES UBCIC NEWS 45 INDIAN EXPRESSION S As part of the entertainment planned i n conjunction with the 11t h Annual General Assembly of the Union of Britis h Columbia Indian Chiefs , one evening has been set aside for INDIA N EXPRESSIONS . Years ago Indian people , had a way of expressin g who they were and wha t tribe they belonged to b y the way they dressed . Even the jewellery that they wor e was worn for a reason ; it said something about that person . During the Genera l Assembly differen t speakers and special guest s are going to illustrate ho w unique Indian people ar e through presentations o n Indian Art, displays of Indian Medicines, etc . INDIAN EXPRESSIONS i s going to ,give us an overall historical picture of India n clothing styles . Included will be methods o f preparing certain clothes , color dyes, when certain clothing items were worn , as well as how traditional Indian designs hav e influenced contemporar y clothing styles . If you can be of help in any way by providin g names of people who ow n or make Indian clothing— either traditional o r contemporary—pleas e contact us . CAPTION: Left: Carl and Ros e Frederick are wearing wedding outfits made of moose hide . The outfits are laced rather than sewn an d the fringes preven t rain and snow fro m soaking into the hide . CAPTION: Right: These tw o young dancers wore traditional oufits a t the Mission Pow-wo w held this summer. Dancers from throughout North America participate d in the annual Pow- wow, appearing in their various traditional dress. UBCIC NEWS 46 POLITICS BY FIRELIGHT by Val Dudoward Faces lit by the flames of fire in th e evening . The singing and laughing of the games of lahal . Drumming an d the soft hum of voices . This is all a part of the Indian political scene . These nights spent by the fires or i n the hall watching Indian dancing ar e an important part of the forma l meetings . The sharing that happen s outside of the agendas and the reso- lutions is what brought us together to organize in the first place: bein g Indian . Sometimes, sitting through lon g meetings that seem to go on forever , it's easy to temporarily forget ou r reason for being there, and to gro w bored and impatient . But afterward , when we share languages and song s and dances and stories, we're re- minded of why we have these meetings . These social times together are th e foundation of our formal organiza- tions, be they at the Band Council o r Provincial Tribal Organization level , because they define who we are. The fruits of an effort to more success - fully blend the two will be seen at th e 11th Annual Conference of the Unio n of B .C . Indian Chiefs in October . Come with m e To the dancing fir e Share it s Warmth with u s Hold my heart While My spirit flies With The Drummin g The gleam of Raven's eye s The flash of Blackfish fin And stars like icy fireflie s Dancing We the Peopl e Are dancing again tonight Secret heart s Touch With muted softness o f Folded sparrow wing s That open an d Flutter to lif e And at las t Agai n We fly and dance Into the dawn that never comes UBCIC NEWS 47 THE UNION OF B .C . INDIAN CHIEFS ELEVENTH ANNUAL GENERAL ASSEMBLY IN VANCOUVER OCT 15th to 18th THE UBCIC NEWS IS ALWAY S OPEN TO YOUR SUGGESTIONS , OPINIONS, NEWS AND PHOTOS . THIS MONTH Darryl Wats of Kincolith writes abou t his village and their coastal way o f life (page 40) Ken Michel of Kamloops tells abou t the Pennask Lake Annual Fish-I n (page 22 ) Christina Joseph of Mount Currie describes the red tape her Band has had to go through (page 33 ) Audrey Dudaward of Port Simpso n describes Tsimshian food gathering rituals throughout the seasons (page 38 ) and Leah George of Burrard, a student counsellor, writes about the Burrard Daycare's trip to the Morle y Ecumenical Conference to celebrate the Year of the Child (page 26) . They will be receiving a free one-year subscription to the UBCI C NEWS as a token of our appre- ciation . 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