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    October 31

    Federal laws could eliminate status Indians over time: demographer

    Last Updated: Thursday, October 4, 2007 | 11:25 AM CT

    CBC News

    No status Indians could be left in Canada within 200 years if current laws defining who qualifies are not changed, according to a Winnipeg demographer.

    Currently, federal legislation eliminates the treaty status of some children if one parent is a certain type of registered Indian and the other is not.

    That means fewer and fewer children will qualify for status, Winnipeg demographer Stewart Clatworthy told CBC News.

    "If nothing changes and intermarriage rates stay the same, and the rules of the act stay the same, and you string it out long enough, you could essentially create a situation where there would be no one born who would qualify," Clatworthy said Thursday.

    Within six generations — roughly 180 years — Clatworthy's projections suggest no one born could qualify to register as a status Indian.

    Status Indians are entitled to certain rights and payments not available to other aboriginal Canadians, such as tax exemptions and free post-secondary education, as well as certain treaty benefits if they belong to a First Nation that signed a treaty with the Crown.

    Statistics show the number of status Indians is, indeed, starting to drop, despite the fact the aboriginal population is increasing.

    "I have done projections for First Nations which are facing rapid declines in their populations associated with the loss of entitlement at this point in time," Clatworthy said. 

    "Some of those First Nations could become extinct in the legal sense, having no one entitled or no one born who is further entitled to registration."

    Changes to the Indian Act would be required to prevent continued reduction in numbers, Clatworthy said.

     

    Aboriginal Tourism Takes Off For Tin Wis

    Published Date: 2007/10/3 0:50:00Article ID : 2689

    Version 1.00

    By Keven Drews

     

    Four sea-serpent cedar masks, carved by Nuu-chah-nulth artist Patrick Amos, now hang at the entrance of Tofino’s Tin Wis Best Western Resort.

    But they’re not there just to protect resort guests.

    Unveiled Monday during a ceremony attended by at least 80 people, the masks are part of a new marketing strategy meant to distinguish the Tin Wis from other resorts by focusing on aboriginal tourism.

    “The aboriginal market has taken off,” said George Atleo, human resources manager for the resort. “Statistics are showing us the interest from Europe has been Aboriginal tourism.”

    The Tin Wis Best Western, located on the shores of MacKenzie Beach, has been owned by the Tla-o-qui-aht First Nation for the past 12 years.

    In recent months, however, the resort has made significant changes to take advantage of the demand for First Nations culture.

    This summer, Amos spent time carving, painting and drawing at the resort and talking to tourists. He also carved the four masks, which now hang under the four corners of the entrance alcove.

    The resort also held traditional salmon barbecues on the beach and inside the banquet hall and called in Tla-o-qui-aht elders to greet guests.

    As it focuses on cultural activities, the resort is also upgrading its infrastructure – building 20 units of staff housing and a laundry facility that will use rain water.

    Elmer Frank, a Tin Wis manager, said resort managers made the decision to focus on aboriginal culture, thanks in part to guests’ comments and events like the Pacific Rim Whale Festival and Aboriginal Day at Pacific Rim National Park Reserve.

    “One guest said, ‘how do we know it’s a First Nations resort,’” said Frank. “We noticed there was a demand for it.”

    Frank said the resort invited Amos to carve the masks after considering other cultural projects, like totem poles.

    He said sea serpents are known in TFN culture as guardians.

    “It just came to mind it was more ideal to put something that was guardianship and the protector of the hotel and guests.”

    Frank also said Amos spent as much as 60 per cent of his time just talking to guests.

    Alex Lindquist, Tin Wis general manager, said the resort plans to do even more – incorporating the Nuu-chah-nulth colours of red and black into guest rooms.

    And Atleo said the resort will set aside one deluxe room for each Nuu-chah-nulth nation’s art.

    “Now we’re starting to focus on trying to get our community more involved in the resort,” said Frank. “By displaying our culture, they’ll feel more involved.”

    Courts : Federal Court Upholds Rights of Musqueam to Be Consulted

    VANCOUVER, Sept. 28 - Today the Federal Court of Canada issued a critical ruling upholding the rights of the Musqueam Indian Band to be consulted regarding the sale of Sinclair Centre and 401 Burrard St., both downtown Vancouver office and retail complexes located in Musqueam's traditional territory. The Court ordered the Government of Canada not to continue with its planned sale of the buildings to Larco Investments Ltd until it had discharged its duty to consult with Musqueam.

     

    Without having adequately consulted with Musqueam, the federal government decided to proceed with the sale of the buildings as part of a $1.6 billion, 9 building sale/lease back initiative as part of the Government's plan to sell off its real estate holdings across Canada.

     

    In order to protect its rights in the buildings, the Musqueam applied for a court injunction against the sale and was successful in its application. Similar applications to restrain transfers of lands held by the federal and provincial governments in Musqueam's traditional territory have also been successful in the case of the Garden City and the UBC Golf Course lands.

     

    This is another important victory for the Musqueam people and all First Nations as we continue to fight to have our legal right recognized and respected by all government departments and agencies. Our preferred option is to negotiate a reconciliation of the Crown's rights and those of the Musqueam in our traditional territory. Unfortunately, in this case, the Crown's refusal to have meaningful negotiations left us no alternative but to go again to court.

     

     

    For further information: Chief Ernest C. Campbell, (604) 833-5799; Jim Reynolds, General Counsel, Musqueam Indian Band, (604) 263-3261

     

     

     

     

    October 30

    Native hopes high with stand-alone aboriginal affairs ministry

    Jordana Huber , CanWest News Service

    Published: Sunday, October 28, 2007

    TORONTO -- Premier Dalton McGuinty is expected to appoint a minister responsible solely for Ontario's aboriginal affairs portfolio, Liberal sources said on the eve of the new cabinet's swearing-in ceremony on Tuesday.

     

    First Nations leaders and opposition parties widely criticized McGuinty in June when he created the stand-alone aboriginal affairs ministry but did not expand his cabinet to fill the post. Instead, Natural Resources Minister David Ramsay was tapped to lead the new portfolio -- raising the ire of native leaders who perceived a potential for conflict between a minister responsible for regulating Crown lands while addressing aboriginal issues.

     

    "When you have a minister of aboriginal affairs who is also acting as the police and charging our people with violations for harvesting, then there is a conflict of interest," said Tony Belcourt, president of the Metis Nation of Ontario. "But this is a whole new dawn in many respects. The dynamic has shifted."

     

    The government has promised more staff and money than the $28 million allocated to the portfolio this year but won't say exactly how much until it reveals its budget.

     

    Aboriginal leaders said while the province has shown the political will to move forward with building better relations, they remain troubled by the slow pace of federal-provincial negotiations that have been established to resolve ongoing land disputes.

     

    The long-standing unrest at Caledonia remains unresolved after 16 months of negotiations with Ottawa and Queen's Park.

     

    Tempers have flared in Caledonia several times since Six Nations protesters claimed ownership of a land development project in the summer of 2006.

     

    A Caledonia couple is suing the Ontario government and Ontario Provincial Police for $10 million, claiming they had failed to protect them during the dispute.

     

    David Brown and Dana Chatwell found their family home alone behind the barricades - on the aboriginal-controlled side -- during the ongoing confrontation.

     

    As well, Sam Gualtieri, a contractor, was assaulted last month by an number of men alleged to have been part of a group of native protesters opposed to a housing project near the Caledonia occupation.

     

    "There is potential for conflict when government doesn't want to sit down and negotiate these outstanding claims," said Ontario Regional Chief Angus Toulouse.

     

    "For the most part, there are negotiations progressing. Maybe not fast enough for the people that are right there. But there are many people that express the view that this should have been taken care of so long ago."

     

    Ontario has experienced other high-profile aboriginal protests this year.

     

    Tyendinaga Mohawks led a shutdown of road and rail lines near Deseronto in late June, while a group of Algonquins protested a proposed uranium mine at Sharbot Lake, an hour west of Ottawa.

     

    Still, Belcourt believes there is reason for optimism.

     

    "The government now sees us as partners, which is a far different place than we use to be," said Belcourt. "For years there has been antagonism and now there is real potential to move forward."

     

    First Nations representatives also said they expect the government to table a workable agenda for the next mandate that continues to address natural resource sharing as well as economic development.

     

    "We want to see some real meat in Ontario's new approach to working with First Nations," said Toulouse. "We are talking about respecting our rights, and about the treaties which involve land, jurisdiction and fair access to natural resources."

     

    Belcourt said he is anxious for the province to move forward with its pledge to establish a chair in Metis studies at an Ontario university as well as deal with harvesting agreements and child welfare issues.

     

    Another test of the new relationship will be an upcoming court challenge First Nations leaders have brought against the government over the 20 per cent "win tax."

     

    NDP Leader Howard Hampton said the creation of the new ministry is tantamount to an empty gesture unless the government acknowledges several substantive problems, including the sharing of outstanding gambling revenue.

     

    Native leaders are suing the province to recover nearly one $1 billion generated by the tax from Casino Rama, north of Toronto, since 1996.

     

    They argue they have signed documents, which promise all the revenues from the aboriginal-owned casino would go to First Nations.

     

    "The original agreement was signed in good faith by the First Nations and the government of Ontario," said Hampton. "Ontario unilaterally amended that agreement. In good faith you cannot unilaterally amend what was a mutual agreement."

     

    In June, First Nations leaders turned down a shared revenue deal for gaming with the province.

     

    The agreement, which was two years in the making, would have seen First Nation communities receive $2.5 billion over 20 years from the province -- far less than what is rightly owed, Toulouse said.

     

    Native leadership are prepared to negotiate with the government to avoid going to court in February but are determined to recoup the money, he said.

     

    "If anybody benefited from Casino Rama more than anybody else it has certainly been the province of Ontario," said Toulouse. "We believe there was an agreement made and this is what we are wanting to get addressed."

     

    Neither Toulouse or Belcourt would speculate on whom they would like to see in the aboriginal affairs portfolio, but said they did have a "workable" relationship with Ramsay as well as with Sandra Pupatello, the economic development and trade minister, and MPP David Zimmer.

     

    The creation of a separate minister for aboriginal affairs was a key recommendation of the Ipperwash Public Inquiry which looked into the shooting of Dudley George, an unarmed aboriginal man killed by a police sniper during the 1995 standoff at Ipperwash Provincial Park. Previously, aboriginal affairs was a secretariat within the ministry of natural resources.

     

     

    Treaty fishery opposed

    October 27, 2007  

     

     A new treaty for the Maa-nulth First Nations on the west side of Vancouver Island will put more pressure on dwindling Fraser River salmon at the expense of other bands and users, one aboriginal critic says.

     

    Sto:lo fisherman Ernie Crey says federal negotiators should never have agreed to give the five bands a dedicated share of the Fraser sockeye catch.

     

    He argues the Maa-nulth bands never historically fished Fraser sockeye – they caught salmon bound for Vancouver Island streams that have mostly been devastated by logging.

     

    But instead of pouring more money into restoring those watersheds, he said, negotiators are too ready to use Fraser salmon as currency to cut new deals.

     

    “That’s not the right approach,” said Crey, who considers it a dangerous precedent.

     

    “Fraser River salmon populations are now on a precipitous decline that they may not recover from for a long, long time, if they ever do.”

     

    The five Maa-nulth bands, whose 2,000 members live between Bamfield and Tofino and fish the waters around Barkley Sound, have approved what promises to be B.C.’s third modern treaty, after land claim settlements with the Nisga’a and now the Tsawwassen.

     

    The deal, which includes $73 million and 24,550 hectares of land, also provides a treaty right to catch about one-seventh of one per cent of the allowable catch of Fraser sockeye.

     

    The bands also get commercial fishing rights in a side deal outside the treaty. Those commercial catches would, like ones promised to the Tsawwassen and held by the rest of the commercial fleet, be allowed only after conservation and other aboriginal food needs are met.

     

    Crey predicts the Maa-nulth commercial licences will be essentially worthless if Fraser salmon continue to suffer, and their treaty right to fish for food will split an already shrinking number of salmon among more groups.

     

    “The 94 bands on the Fraser barely caught enough salmon to feed themselves this year,” Crey said, referring to the dismal season that kept commercial boats tied up.

     

    “You’re going to have a lot of people standing around with commercial licences who will be very disappointed.”

     

    Chief federal treaty negotiator Eric Denhoff said some Fraser salmon had to be part of the treaty, rejecting Crey’s argument the group would be unable to prove traditional use of the run.

     

    “They argue Fraser stocks go right by their front door and they historically fished them,” Denhoff said, noting abundant evidence the bands roved far from shore hunting whales.

     

    “Do we really want to get into lengthy and protracted litigation, the result of which could be they get more fish than in the treaty?”

     

    Denhoff noted the Maa-nulth wouldn’t always get to fish Fraser salmon – only in years when much of the run returns via the western side of the island.

     

    “We’ve tried to not put too much pressure on the fishing industry by providing other economic opportunities for First Nations in tourism, development and forestry.”

     

    The Maa-nulth final agreement is expected to come to the B.C. legislature for ratification in November and then go to Ottawa for approval of Parliament sometime next year.

     

    Band members have voted more than 80 per cent in favour of the treaty.

     

    Three tribal nations mourn

    By Sage Birchwater - Williams Lake Tribune - October 19, 2007


    ROADSIDE SHRINE This roadside shrine 65 kilometres west of Williams Lake on Highway 20, was erected Wednesday, October 17 by family and friends of five young people killed there last Saturday, October 13. The five deceased were members of all three of the Cariboo Chilcotin’ tribal groups, the Carrier, Shuswap and Tsilhqot’in. The candlelight vigil was attended by hundreds of mourners.

    Sage Birchwater photo

    A kilometre-long line of vehicles parked along Highway 20 some 70 kilometres west of Williams Lake Wednesday afternoon, marked a sombre candlelight memorial gathering for five First Nations young people killed there last Saturday in a fiery motor vehicle crash.

    The families of Jearon Clement, Jessica Harry, Tyson Toby, Bonnie Louie, and Eric Hunlin took turns sharing their grief at a roadside shrine constructed for the deceased.

    “As hard as it may seem, we have to let these young people go,” said Tsi Deldel Chief Ervin Charleyboy. Two of the deceased, Tyson Toby and Eric Hunlin, are from his community at Redstone.

    “It’s hard to say goodbye, but we must do it today,” Chief Ervin continued. “Do not let this hurt get the better of you. Bid them farewell.”

    Jacquie Clement, the aunt of Jearon Clement, Rose Squinas, and Leona Toney were next. Leona spoke a prayer in Carrier out of respect for Jearon’s Carrier heritage.

    Denise and Amy Hunlin, the sisters of Eric Hunlin, spoke tearfully of both Eric and his girl friend Jessica Harry.

    “We loved Jessica like a sister,” Denise said.

    Tyson Toby’s aunt, Trina Toby also shared her sorrow.

    “Tyson and Jearon were living with me. I’m going to miss those boys a lot, their coming and going from my place. I’m not going to see them any more, the way they opened and closed the doors.”

    June Harry said she will miss riding with Bonnie Louie, a Shuswap from Dog Creek.

    “I’ll miss laughing with her, and fighting with her. Getting up here to speak is the hardest thing I’ve ever done. Now we’ve got to let them rest in peace.”

    Wendy Clement, Jearon Clement’s step mom, said the tragedy brought five families and three First Nations tribal groups together.

    “We’ve got to fight for those five kids. The two people who survived, have reached out to the five families today. These children lived in love and they died in love. That’s what these kids stand for.”

    A spokesperson from the Harry family echoed those feelings.

    “On behalf of the Harry family it’s so nice so many people gathered here. It was a great tragedy. At the same time these five kids brought these three nations together. They’re bringing a message to us. We need to be together as one. It doesn’t matter what colour you are, or what race you are.”

    Alexis Creek ambulance paramedic Eleanor Cooper, who was off duty on the day of the accident, says it was passersby who saved the lives of Hughie Olsen and Betty Lou Grinski from Quesnel, who were in the other vehicle.

    “Hughie didn’t get burned because the people at the scene got him out first before the truck caught fire,” said a family friend who attended the ceremony. “Betty Lou wasn’t so lucky. The truck was on burning when they got her out and she’s badly burned.”

    Cooper says she is recommending that the volunteers who saved the lives of the accident victims be recognized by the BC Ambulance Service as unsung heroes.

    As the ceremony ended the youthful friends and family members of the deceased were asked to congregate around the shrine. Wendy Clement asked them to promise to help stamp out racism in the memory and honour of their loved ones.

    “People have always said our youth are our leaders,” Wendy said. “Jearon is Carrier. Promise to me you won’t let this BS of racial gangs continue. You have it in you. Everyone’s heart is broken right now. If you love those kids, say enough is enough when someone says I don’t like you because you’re Carrier, Shuswap, Tsilhqot’in or white. We can make something beautiful come from here. You guys are our tomorrows.”

    Joe Alphonse, Tsilhqot’in National Government administrator, said Shawn Atleo of the Assembly of First Nations flew up to Williams Lake to support the families and the communities this week.

    “Before he left Victoria he phoned Mike de Jong (Aboriginal Affairs Minister), to make sure he was aware of the tragedy.”

    Charlene Belleau, who works for the Assembly of First Nations healing foundation, flew all the way from Ottawa to support the people affected by the accident.

    “It shows the outpouring of support for the families,” Alphonse says. “These five youth have touched a lot of people and our First Nations communities are encouraged by the number of people who showed up for the candle light ceremony. Interior Roads provided pilot cars to help with the traffic without being asked. We’re very glad to have that support.”

    Alphonse says the community wanted to hear the voices of the youth at the roadside memorial “to allow those spirits to move on.”

    “The youth took the lead and spoke out for the families. It’s very powerful to see the youth speak up.”

     

    Native hopes high with stand-alone aboriginal affairs ministry

    Jordana Huber , CanWest News Service

    Published: Sunday, October 28, 2007

    TORONTO -- Premier Dalton McGuinty is expected to appoint a minister responsible solely for Ontario's aboriginal affairs portfolio, Liberal sources said on the eve of the new cabinet's swearing-in ceremony on Tuesday.

     

    First Nations leaders and opposition parties widely criticized McGuinty in June when he created the stand-alone aboriginal affairs ministry but did not expand his cabinet to fill the post. Instead, Natural Resources Minister David Ramsay was tapped to lead the new portfolio -- raising the ire of native leaders who perceived a potential for conflict between a minister responsible for regulating Crown lands while addressing aboriginal issues.

     

    "When you have a minister of aboriginal affairs who is also acting as the police and charging our people with violations for harvesting, then there is a conflict of interest," said Tony Belcourt, president of the Metis Nation of Ontario. "But this is a whole new dawn in many respects. The dynamic has shifted."

     

    The government has promised more staff and money than the $28 million allocated to the portfolio this year but won't say exactly how much until it reveals its budget.

     

    Aboriginal leaders said while the province has shown the political will to move forward with building better relations, they remain troubled by the slow pace of federal-provincial negotiations that have been established to resolve ongoing land disputes.

     

    The long-standing unrest at Caledonia remains unresolved after 16 months of negotiations with Ottawa and Queen's Park.

     

    Tempers have flared in Caledonia several times since Six Nations protesters claimed ownership of a land development project in the summer of 2006.

     

    A Caledonia couple is suing the Ontario government and Ontario Provincial Police for $10 million, claiming they had failed to protect them during the dispute.

     

    David Brown and Dana Chatwell found their family home alone behind the barricades - on the aboriginal-controlled side -- during the ongoing confrontation.

     

    As well, Sam Gualtieri, a contractor, was assaulted last month by an number of men alleged to have been part of a group of native protesters opposed to a housing project near the Caledonia occupation.

     

    "There is potential for conflict when government doesn't want to sit down and negotiate these outstanding claims," said Ontario Regional Chief Angus Toulouse.

     

    "For the most part, there are negotiations progressing. Maybe not fast enough for the people that are right there. But there are many people that express the view that this should have been taken care of so long ago."

     

    Ontario has experienced other high-profile aboriginal protests this year.

     

    Tyendinaga Mohawks led a shutdown of road and rail lines near Deseronto in late June, while a group of Algonquins protested a proposed uranium mine at Sharbot Lake, an hour west of Ottawa.

     

    Still, Belcourt believes there is reason for optimism.

     

    "The government now sees us as partners, which is a far different place than we use to be," said Belcourt. "For years there has been antagonism and now there is real potential to move forward."

     

    First Nations representatives also said they expect the government to table a workable agenda for the next mandate that continues to address natural resource sharing as well as economic development.

     

    "We want to see some real meat in Ontario's new approach to working with First Nations," said Toulouse. "We are talking about respecting our rights, and about the treaties which involve land, jurisdiction and fair access to natural resources."

     

    Belcourt said he is anxious for the province to move forward with its pledge to establish a chair in Metis studies at an Ontario university as well as deal with harvesting agreements and child welfare issues.

     

    Another test of the new relationship will be an upcoming court challenge First Nations leaders have brought against the government over the 20 per cent "win tax."

     

    NDP Leader Howard Hampton said the creation of the new ministry is tantamount to an empty gesture unless the government acknowledges several substantive problems, including the sharing of outstanding gambling revenue.

     

    Native leaders are suing the province to recover nearly one $1 billion generated by the tax from Casino Rama, north of Toronto, since 1996.

     

    They argue they have signed documents, which promise all the revenues from the aboriginal-owned casino would go to First Nations.

     

    "The original agreement was signed in good faith by the First Nations and the government of Ontario," said Hampton. "Ontario unilaterally amended that agreement. In good faith you cannot unilaterally amend what was a mutual agreement."

     

    In June, First Nations leaders turned down a shared revenue deal for gaming with the province.

     

    The agreement, which was two years in the making, would have seen First Nation communities receive $2.5 billion over 20 years from the province -- far less than what is rightly owed, Toulouse said.

     

    Native leadership are prepared to negotiate with the government to avoid going to court in February but are determined to recoup the money, he said.

     

    "If anybody benefited from Casino Rama more than anybody else it has certainly been the province of Ontario," said Toulouse. "We believe there was an agreement made and this is what we are wanting to get addressed."

     

    Neither Toulouse or Belcourt would speculate on whom they would like to see in the aboriginal affairs portfolio, but said they did have a "workable" relationship with Ramsay as well as with Sandra Pupatello, the economic development and trade minister, and MPP David Zimmer.

     

    The creation of a separate minister for aboriginal affairs was a key recommendation of the Ipperwash Public Inquiry which looked into the shooting of Dudley George, an unarmed aboriginal man killed by a police sniper during the 1995 standoff at Ipperwash Provincial Park. Previously, aboriginal affairs was a secretariat within the ministry of natural resources.

     

     

    Native hopes high with stand-alone aboriginal affairs ministry

    Native hopes high with stand-alone aboriginal affairs ministry

    Jordana Huber , CanWest News Service

    Published: Sunday, October 28, 2007

    TORONTO -- Premier Dalton McGuinty is expected to appoint a minister responsible solely for Ontario's aboriginal affairs portfolio, Liberal sources said on the eve of the new cabinet's swearing-in ceremony on Tuesday.

     

    First Nations leaders and opposition parties widely criticized McGuinty in June when he created the stand-alone aboriginal affairs ministry but did not expand his cabinet to fill the post. Instead, Natural Resources Minister David Ramsay was tapped to lead the new portfolio -- raising the ire of native leaders who perceived a potential for conflict between a minister responsible for regulating Crown lands while addressing aboriginal issues.

     

    "When you have a minister of aboriginal affairs who is also acting as the police and charging our people with violations for harvesting, then there is a conflict of interest," said Tony Belcourt, president of the Metis Nation of Ontario. "But this is a whole new dawn in many respects. The dynamic has shifted."

     

    The government has promised more staff and money than the $28 million allocated to the portfolio this year but won't say exactly how much until it reveals its budget.

     

    Aboriginal leaders said while the province has shown the political will to move forward with building better relations, they remain troubled by the slow pace of federal-provincial negotiations that have been established to resolve ongoing land disputes.

     

    The long-standing unrest at Caledonia remains unresolved after 16 months of negotiations with Ottawa and Queen's Park.

     

    Tempers have flared in Caledonia several times since Six Nations protesters claimed ownership of a land development project in the summer of 2006.

     

    A Caledonia couple is suing the Ontario government and Ontario Provincial Police for $10 million, claiming they had failed to protect them during the dispute.

     

    David Brown and Dana Chatwell found their family home alone behind the barricades - on the aboriginal-controlled side -- during the ongoing confrontation.

     

    As well, Sam Gualtieri, a contractor, was assaulted last month by an number of men alleged to have been part of a group of native protesters opposed to a housing project near the Caledonia occupation.

     

    "There is potential for conflict when government doesn't want to sit down and negotiate these outstanding claims," said Ontario Regional Chief Angus Toulouse.

     

    "For the most part, there are negotiations progressing. Maybe not fast enough for the people that are right there. But there are many people that express the view that this should have been taken care of so long ago."

     

    Ontario has experienced other high-profile aboriginal protests this year.

     

    Tyendinaga Mohawks led a shutdown of road and rail lines near Deseronto in late June, while a group of Algonquins protested a proposed uranium mine at Sharbot Lake, an hour west of Ottawa.

     

    Still, Belcourt believes there is reason for optimism.

     

    "The government now sees us as partners, which is a far different place than we use to be," said Belcourt. "For years there has been antagonism and now there is real potential to move forward."

     

    First Nations representatives also said they expect the government to table a workable agenda for the next mandate that continues to address natural resource sharing as well as economic development.

     

    "We want to see some real meat in Ontario's new approach to working with First Nations," said Toulouse. "We are talking about respecting our rights, and about the treaties which involve land, jurisdiction and fair access to natural resources."

     

    Belcourt said he is anxious for the province to move forward with its pledge to establish a chair in Metis studies at an Ontario university as well as deal with harvesting agreements and child welfare issues.

     

    Another test of the new relationship will be an upcoming court challenge First Nations leaders have brought against the government over the 20 per cent "win tax."

     

    NDP Leader Howard Hampton said the creation of the new ministry is tantamount to an empty gesture unless the government acknowledges several substantive problems, including the sharing of outstanding gambling revenue.

     

    Native leaders are suing the province to recover nearly one $1 billion generated by the tax from Casino Rama, north of Toronto, since 1996.

     

    They argue they have signed documents, which promise all the revenues from the aboriginal-owned casino would go to First Nations.

     

    "The original agreement was signed in good faith by the First Nations and the government of Ontario," said Hampton. "Ontario unilaterally amended that agreement. In good faith you cannot unilaterally amend what was a mutual agreement."

     

    In June, First Nations leaders turned down a shared revenue deal for gaming with the province.

     

    The agreement, which was two years in the making, would have seen First Nation communities receive $2.5 billion over 20 years from the province -- far less than what is rightly owed, Toulouse said.

     

    Native leadership are prepared to negotiate with the government to avoid going to court in February but are determined to recoup the money, he said.

     

    "If anybody benefited from Casino Rama more than anybody else it has certainly been the province of Ontario," said Toulouse. "We believe there was an agreement made and this is what we are wanting to get addressed."

     

    Neither Toulouse or Belcourt would speculate on whom they would like to see in the aboriginal affairs portfolio, but said they did have a "workable" relationship with Ramsay as well as with Sandra Pupatello, the economic development and trade minister, and MPP David Zimmer.

     

    The creation of a separate minister for aboriginal affairs was a key recommendation of the Ipperwash Public Inquiry which looked into the shooting of Dudley George, an unarmed aboriginal man killed by a police sniper during the 1995 standoff at Ipperwash Provincial Park. Previously, aboriginal affairs was a secretariat within the ministry of natural resources.

     

     

    Some Libs can't stomach Tsawwassen treaty

    Michael Smyth, The Province

    Published: Friday, October 26, 2007

    When it comes to political infighting over the new Tsawwassen treaty, much attention has been focused on the NDP and their squabbles.

     

    Several NDP MLAs oppose the $120-million settlement with the Tsawwassen First Nation because it will convert prime agricultural land to industrial use.

     

    But the governing Liberals have internal divisions of their own. Despite Premier Gordon Campbell's support of the treaty, three of his MLAs voted against it: Dennis MacKay, Blair Lekstrom and Dan Jarvis. And their opposition runs much deeper than paving over some potato fields.

     

    "We are all Canadians -- all of us -- and we should all live under the same laws, pay the same taxes and be governed the same way," MacKay (Bulkley Valley-Stikine) told the legislature. "We cannot and must not continue down this road that is race-based and affords one group of people benefits and privileges that are there because of their race. It's wrong."

     

    He said most MLAs don't know what's in the treaty, especially the special taxation deal for the Tsawwassen.

     

    Under the treaty, the Tsawwassen would begin paying sales taxes after eight years. After 12 years, they'd pay income and property taxes.

     

    But MacKay said most people don't realize the vast majority of those taxes will be remitted to the new Tsawwassen government, not to Ottawa or Victoria.

     

    Despite that, the federal and provincial governments will continue to provide services to the Tsawwassen such as medical and dental, just like under the previous reserve system.

     

    "They're going to have the best of both worlds," MacKay said.

     

    He noted the Tsawwassen are being given subsurface resource rights -- "nobody else does that; none of us owns the resources underneath the homes we bought" -- and a share of the Fraser River sockeye run. What if other First Nations along the Fraser receive similar fishing quotas in future treaties? "There would not be a public recreational or commercial fishery -- period," MacKay predicted.

     

    "End of fishing for everybody except natives. This is a race-based fishery and I cannot and will not support it."

     

    Like MacKay, Lekstrom pointed out the new Tsawwassen government has vastly more power than a municipal government -- something B.C.ers rejected by 87 per cent in Campbell's "legally binding" treaty referendum of 2002.

     

    But Lekstrom (Peace River South) noted a further irony: The Tsawwassen government will have a zoning veto over federal and provincial projects in their territory -- something the Campbell government stripped from municipalities just last year.

     

    All three Liberals express grave concerns about setting up powerful First Nations governments that will further isolate aboriginal people from the rest of society.

     

    "Call it a reserve; call it treaty lands," MacKay said. "I will not support any legislation that attempts to keep this invisible wall between us."

     

    While the New Democrats wring their hands over farmland, the Liberals are fundamentally more divided over Campbell's historic treaty.

     

    msmyth@direct.ca

     

    Maa-nulth pact faces clear sailing at legislature

    Liberals and NDP both support treaty worth up to $500 million, but federal election could delay Tsawwassen and west Island deals

    Jeff Rud, Times Colonist

    Published: Tuesday, October 23, 2007

    Provincial politicians are preparing to debate a second treaty agreement during the current sitting of the legislature, now that the Maa-nulth First Nations have voted strongly in favour of their deal.

     

    Aboriginal Affairs and Reconciliation Minister Mike de Jong said yesterday his government plans to introduce ratification legislation similar to that introduced for the Tsawwassen treaty last week.

     

    "It is great news for 2,000 people -- strong support, a strong mandate,'' de Jong said, referring to an almost 80 per cent "yes" vote by the Maa-nulth people that concluded on the weekend.

     

    Premier Gordon Campbell amused 10- month-old Sophia last week at the legislature while her mother, Tsawwassen Chief Kim Baird, and sister Amy, 4, awaited the ceremony marking the Tsawwassen treaty.

    John McKay, Times Colonist

     

    "My thanks and our respect to the leadership that had the courage to set this vision in motion. ... It's becoming a reality.''

     

    The treaty will result in the Maa-nulth nations receiving a capital transfer of $73.1 million, annual resource royalty payments for use of Crown lands averaging $1.2 million for 25 years, a land transfer of nearly 25,000 hectares and hunting and fishing allotments.

     

    The deal could be worth up to $500 million for the nearly 2,000-member Maa-nulth who, as a result of the treaty, will surrender their non-taxable status after a 12-year period.

     

    The Maa-nulth treaty includes the Toquaht, Uchucklesaht, Ucluelet, Ka:'yu:'k't'h'/Che:k:tles7et'h' and Huu-ay-aht First Nations.

     

    De Jong said ratification legislation is next in the process.

     

    "We're working diligently to try and make sure that happens this session. It won't be this month, but I hope it's next month.''

     

    The treaty is expected to pass through the legislature without problems. NDP Leader Carole James said yesterday her party supports the Maa-nulth agreement and she joined de Jong in congratulating the five First Nations located on the west coast of Vancouver Island.

     

    Unlike the Tsawwassen deal, the Maa-nulth treaty includes no removal of Agricultural Land Reserve land. That aspect of the Tsawwassen treaty troubled some members of the NDP, including Maple Ridge-Pitt Meadows MLA Michael Sather, who was suspended for his anti-caucus stance. Sather spoke against the Tsawwassen deal during yesterday afternoon's debate.

     

    "We're in favour of the [Maa-nulth] treaty. We'll be voting yes on this treaty,'' James said in an interview.

     

    Her only concern is the fact other First Nations have claims that overlap the Maa-nulth agreement, as is also the case with the Tsawwassen deal. James suggests that the B.C. Treaty Commission become more active in helping iron out such disputes before treaties reach the final phase.

     

    If approved -- as expected -- by the MLAs, the Maa-nulth treaty will then go to Ottawa for approval. De Jong was asked yesterday whether a potential federal election could slow the process of federal approval of either treaty.

     

    "That's a roller-coaster ride you'll have to talk to others about,'' he said.

     

    "I have made it clear to federal Minister [Chuck] Strahl that we're hopeful that the Tsawwassen legislation can proceed federally after ratification here in Victoria."

     

    MLAs have been debating the Tsawwassen treaty since introducing enabling legislation last Monday.

     

    As has been the case since the bills were introduced, Tsawwassen Chief Kim Baird was in the gallery yesterday with her four-month-old daughter, taking in the debate.

     

    With two final treaty agreements and four more First Nations negotiating their final agreements, de Jong said the progress is proof that deals can be reached despite mounting criticism from native protesters that both the provincial and federal governments are too hardline in their bargaining stances.

     

    jrud@tc.canwest.com

     

     

    Treaty okayed

    CanWest News Service

    Published: Tuesday, October 23

    Members of the Maa-Nulth First Nations on Vancouver Island overwhelming backed a multi-million-dollar treaty this week, the second negotiated under the B.C. Treaty Commission.

    The treaty with the federal and provincial governments would see a capital transfer of $73.1 million, annual resource royalty payments averaging $1.2 million for 25 years, and a land transfer of almost 25,000 hectares.

    With lump-sum payments, $9.5 million in annual program funding, and $11.1 million for special projects, the treaty could be worth up to $500 million.

    Tsawwassen treaty passes second reading

    Vote is 62-3, with maverick NDP MLA Michael Sather, who opposes the treaty, absent from the house

    Jonathan Fowlie, Vancouver Sun

    Published: Thursday, October 25, 2007

    VICTORIA - The Tsawwassen First Nation treaty passed second reading in the B.C. legislature Wednesday evening, bringing the historic deal one step closer to becoming a reality.

     

    Sixty-two MLAs voted in favour of the treaty, with support coming from both sides of the aisle.

     

    Only three MLAs voted against the deal, all of them Liberals: Daniel Jarvis (North Vancouver-Seymour), Blair Lekstrom (Peace River South) and Dennis MacKay (Bulkley Valley-Stikine).

     

    In a surprise move, New Democratic Party MLA Michael Sather, who was suspended from the NDP caucus for saying he would vote against the treaty, was not in the legislature and therefore effectively abstained.

     

    Sather has objected to the treaty because it removes land from the Agricultural Land Reserve.

     

    Reached Wednesday night, Sather said he missed the vote because there was a meeting in his constituency regarding the potential closure of three schools and he wanted to "support my community."

     

    But Sather said he plans to be in the legislature when the bill comes to third reading. "I'll be there for the vote," he said.

     

    The second-reading vote marks a tangible advance in Premier Gordon Campbell's "new relationship" with the province's first nations.

     

    Worth more than $120 million, including cash and 724 hectares of land, the Tsawwassen treaty is the first to be signed under the B.C. treaty process.

     

    A second treaty was agreed to over the weekend by the Maa-nulth First Nations, and is expected to be introduced into the legislature for debate next month.

     

    The treaties have not come without controversy, however.

     

    In the Tsawwassen deal, critics are opposed to land being removed from the Agricultural Land Reserve.

     

    Some first nations representatives have also opposed both deals because they object to the overall process.

     

    Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, said his group has joined with the Unity Protocol first nations in opposition to the process, and that together the two groups represent more than 140 of B.C.'s 203 first nations.

     

    "We vehemently oppose the so-called B.C. treaties process," Phillip said in an interview last week.

     

    In response, Minister of Aboriginal Relations and Reconciliation Mike de Jong has said the government is happy to work with groups that do not want to work within the treaty process.

     

    "We've said in clear, unambiguous terms that as important as we believe the treaty commission process is to forging ahead with the new relationship, it is not the only instrument," de Jong said earlier this week.

     

    "We are prepared . . . to negotiate with [groups that don't want to sign a treaty] and find a mechanism by which they can accomplish the same things."

     

    The Tsawwassen treaty still needs to go through third reading before receiving final approval from the province. After that, it is expected to go to Parliament for approval.

     

    jfowlie@png.canwest.com

     

     

    Five More BC Bands Ratify Treaties

    By 250 News

     

    Sunday, October 21, 2007 09:36 PM

     

    All five Maa-nulth First Nations have voted in favour of a treaty in BC . Close to eighty percent of those who voted saying yes to the treaty.

     

    The Toquaht Nation, the Uchucklesaht Tribe, the Ucluelet First Nation, and the Ka:’yu:’k’t’h’/Che:k:tles7et’h’ First Nations all voted in favour of the Final Agreement in a series of separate ratification votes held October 13th through 20th. The four bands join the Huu-ay-aht First Nations, who ratified the agreement in July.

     

    "We congratulate all five Maa-nulth First Nations for moving their treaty forward. The ratification is a great achievement in the important work of treaty-making. The Maa-nulth First Nations are demonstrating strength, confidence, and self-determination," said Premier Gordon Campbell. "We are committed to working together with First Nations to

    continue to build meaningful agreements, to affect real change in Aboriginal communities around B.C."

     

    The Maa-nulth First Nations are made up of approximately two thousand members. The Maa-nulth Final Agreement will provide a capital transfer of $73.1 million, annual resource revenue payments averaging $1.2 million for 25 years and a land transfer totalling approximately 24,551 hectares to the five First Nations.

     

    The ratification process required a positive endorsement from 50 per cent plus one of the registered voters list for each First Nation.

    Statement by the Honourable Chuck Strahl on the Ratification Vote on Maa-nulth First Nations Final Agreement

    Oct 21, 2007 23:03 ET
    VANCOUVER, BRITISH COLUMBIA--(Marketwire - Oct. 21, 2007) - The following statement was released by the Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Metis and Non-Status Indians:

    "I would like to congratulate the members of the Maa-nulth First Nations, their leaders and Lead Negotiator Gary Yabsley, on the successful ratification of the Maa-nulth First Nations Final Agreement.

    Now that all five First Nations have approved the Agreement, it will now be subject to ratification in the provincial legislature and federal Parliament before it can come into effect.

    This treaty will create certainty around the Maa-nulth First Nations' rights to lands and resources, and provide a solid foundation for a new relationship between the First Nations and other governments. It will also bring significant benefits to the west coast of Vancouver Island and surrounding areas.

    This is a significant achievement for the Maa-nulth First Nations and a major advancement in the process of settling land claims in British Columbia. It demonstrates that working together to find common solutions at the negotiating table is the best way to resolve these important issues."

    Tsawwassen treaty clears another hurdle

    Jonathan Fowlie, Vancouver Sun

    Published: Thursday, October 25, 2007

    The Tsawwassen First Nation treaty passed second reading in the B.C. legislature Wednesday evening, bringing the historic deal one step closer to becoming a reality.

     

    Sixty-two MLAs voted in favour of the treaty, with support coming from both sides of the aisle.

    Only three MLAs voted against the deal, all of them Liberals: Daniel Jarvis (North Vancouver-Seymour), Blair Lekstrom (Peace River South) and Dennis MacKay (Bulkley Valley-Stikine).

     

    In a surprise move, New Democratic Party MLA Michael Sather, who was suspended from the NDP caucus for saying he would vote against the treaty, was not in the legislature and therefore effectively abstained.

     

    Sather has objected to the treaty because it removes land from the Agricultural Land Reserve.

     

    Reached Wednesday night, Sather said he missed the vote because there was a meeting in his constituency regarding the potential closure of three schools and he wanted to "support my community."

     

    But Sather said he plans to be in the legislature when the bill comes to third reading.  "I'll be there for the vote," he said. 

     

    The second-reading vote marks a tangible advance in Premier Gordon Campbell's "new relationship" with the province's first nations.

     

    Worth more than $120 million, including cash and 724 hectares of land, the Tsawwassen treaty is the first to be signed under the B.C. treaty process.

     

    A second treaty was agreed to over the weekend by the Maa-nulth First Nations, and is expected to be introduced into the legislature for debate next month.

     

    The treaties have not come without  controversy, however.

     

    In the Tsawwassen deal, critics are opposed to land being removed from the Agricultural Land Reserve.

     

    Some first nations representatives have also opposed both deals because they object to the overall process.

     

    Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, said his group has joined with the Unity Protocol first nations in opposition to the process, and that together the two groups represent more than 140 of B.C.'s 203 first nations.

     

    "We vehemently oppose the so-called B.C. treaties process," Phillip said in an interview last week.

     

    In response, Minister of Aboriginal Relations and Reconciliation Mike de Jong has said the government is happy to work with groups that do not want to work within the treaty process.

     

    "We've said in clear, unambiguous terms that as important as we believe the treaty commission process is to forging ahead with the new relationship, it is not the only instrument," de Jong said earlier this week.

     

    "We are prepared . . . to negotiate with [groups that don't want to sign a treaty] and find a mechanism by which they can accomplish the same things."

     

    The Tsawwassen treaty still needs to go through third reading before receiving final approval from the province. After that, it is expected to go to federal Parliament for approval.

    jfowlie@png.canwest.com

    Opposition member has his say

    Oct, 22 2007 - 9:50 PM

     

    VICTORIA/CKNW(AM980) - As expected, New Democrat MLA Michael Sather has spoken out against the Tsawwassen First Nations Treaty in the Legislature.

     

    Sather told the House the deal is just a sneaky way to free up agricultural land for the expansion of Deltaport, a facility that has already hurt the Tsawwassen people, "It's sadly ironic that the Tsawwassen First Nation went to Court over destruction of their environment by the Port, and ended up with more destruction by the Port."

    Sather says it saddens and angers him to have to vote against the Treaty, a decision that has resulted in his suspension from the NDP Caucus for the fall session.

    October 23

    $16M funding for forestry research projects in BC

    Funding News

    Victoria, BC - British Columbia's government has awarded $16.1 million in funding to 267 projects focussing on forestry research.

     

    The funding will be for studies that range from one to three years, led by researchers at universities, provincial and federal governments, First Nations, companies and not-for-profit organizations.

     

    Several climate change studies will assess the impact that changes in temperature and precipitation level may have on the sub-boreal spruce forest and interior grass lands ecosystems. Others will focus on the impact of weather changes on species including the Interior Douglas fir, and forest pests such as bark beetles.

     

    A collaborative study by the University of British Columbia and the Gitxaala and Nuxalk First Nations aims to determine how First Nations, government and industry can develop sustainable forestry practices that enhance traditional First Nation economic activities. The research will incorporate traditional ecological knowledge of Gitxaala and Nuxalk community members into forestry practices. In addition, the FIA-FSP Forest Science Board will continue to work with the First Nations Forestry Council and communities to generate future partnerships and program involvement.

     

    Wildfire studies will consider best practices for stand management in urban interface areas while others will investigate post wildfire flood, erosion impact and mitigation.

     

    Mountain pine beetle research will include projects examining the combined effects of beetle infestation and salvage harvesting processes on waterflow and how to harvest beetle-killed lodgepole pine while protecting younger trees and non-pine species. The studies will help improve access and use of science and innovation in areas affected by the beetle.

     

    Other research topics include the effects of livestock grazing in Southern Interior wetlands, studies involving mountain caribou, marbled murrelets and bats, and several long-term soil productivity and restoration studies. The soil research will allow BC to continue to contribute to the world’s largest coordinated effort to understand how soil disturbance affects long-term forest productivity.

     

    “The FIA Forest Science Program contributes knowledge that helps to improve management practices and techniques,” said Dr Bill Bourgeois, chair of the Forest Science Board. “In addition to providing leadership in sustainable forestry, these studies build and bridge the network of the scientific community with on-the-ground forestry operations.”

     

    The FIA-FSP is also increasing funding and attention on the topical collection, analysis and sharing of existing research. The ongoing synthesis and distribution of data and results will help forest practitioners in making informed management decisions. Funding will continue to support graduate students in the second of a three-year pilot project, which links forest sector sponsors with graduate students, to address key forest management priorities and develop expertise and specialists in targeted fields.

     

    The program is also providing $2.8 million to the Provincial Forest Extension Program to deliver new and existing knowledge to those who plan and manage British Columbia’s public forest lands.

     

    Private member's bill designed to protect First Nations cultural sites

    Rob Shaw, Victoria Times Colonist

    Published: Monday, October 22, 2007

    The provincial opposition will try to reform B.C.'s much-criticized Heritage Conservation Act today by introducing a private member's bill designed to push the government into helping cover the cost of protecting First Nations cultural sites threatened by development.

     

    The bill proposes modernizing government laws that First Nations groups have called ineffective in preserving their spiritual places and grave sites, said NDP MLA Maurine Karagianis (Esquimalt-Metchosin). Thousands of such sites dot the B.C. coastline.

     

    The tension between aboriginals looking to protect land and developers capitalizing on a red-hot real estate market reached a flashpoint in May when First Nations protesters threatened to blockade the multibillion-dollar Bear Mountain Victoria Golf Resort and Spa because they said a new housing subdivision would destroy a sacred cave.

     

    The dispute sparked meetings with government ministers and was eventually calmed through mediation.

     

    Karagianis said the Bear Mountain feud prompted her work on the bill. "It was very clear to me there wasn't a lot of legislative tools available to help First Nations," she said.

     

    "The current heritage act doesn't have a lot of enforcement capabilities, and secondly it does not necessarily recognize First Nations sacred sites or artifacts other than human remains."

     

    The cost and responsibility for protecting historical sites rests on landowners under the act. It's up to landowners or developers to file a report if they stumble upon a significant artifact during construction. Karagianis does not propose to change this process.

     

    Yet honest reporting can bring expensive construction to a halt for weeks or months. Critics say some developers risk fines rather than slow projects. The fines are typically small, despite the potential $1-million maximum (the largest to date has been $50,000).

     

    Karagianis said her bill would allow First Nations to more easily get a temporary protection order when a heritage site is found. She also suggests government and aboriginals work to draw up a map of known historical locations - an idea generally opposed by First Nations because it publicizes their most sensitive sites.

     

    The bill calls on the government to create a heritage protection program to which local governments could apply for financial support when faced with an unexpected aboriginal historical site.

     

    The cost to municipalities can be high. North Saanich council asked, unsuccessfully, for government help to pay $485,000 to preserve bones found while digging a sewer line last year. The municipality was so upset it sponsored a resolution at the Union of B.C. Municipalities meeting this fall calling on the province to pay 100 per cent of costs in future cases.

     

    When a storm exposed a midden on a public beach in View Royal in 2006, the town faced a $90,000 bill to preserve it before the province helped with $40,000.

     

    "We need a change in legislation in the heritage act," said Tseycum First Nation chief Vern Jacks, whose nation has been one of the most outspoken on the issue after ancestral remains were carted off South Pender Island to make way for Poets Cove Seaside Resort and Spa in 2005.

     

    It is likely to be a long road ahead for Karagianis's bill.

     

    Private member's bills historically have little to no chance of becoming actual law, said Jamie Lawson, a political science professor at the University of Victoria.

     

    But an issue like heritage conservation could be "smart politics" for the NDP, he said. "Heritage matters for First Nations at this time in B.C. are something you can't really be seen to be opposed to," said Lawson.

     

    Meanwhile, the government says it has to see the bill before it can decide wether  it will support it, said a spokesperson for Stan Hagen, minister of Tourism, Sports and the Arts, which encompasses the archeology branch. Hagen launched his own review of the Heritage Conservation Act in the summer.

     

    rfshaw@tc.canwest.com

     

     

    Trust Tsawwassen nation to develop its own backyard

    Miro Cernetig, Vancouver Sun

    Published: Monday, October 22, 2007

    Kim Baird has heard all the old shibboleths.

     

    The Indians will build tacky, neon-lit casinos on the beachfront. A giant strip mall will soon rise on the lands of the Tsawwassen First Nation. The chief has a secret agenda to pave over farmland to make way for endless warehouses and parking lots for convoys of semi-trailers, rolling in 24/7 to load up with the containers disgorged by freighters anchoring at a giant port that will eat up the waterfront.

     

    It's the development nightmare feared by environmentalists. It's the scenario used by many of the most ardent opponents to delay the $122-million treaty that was introduced in the B.C. legislature for ratification last week. It also reflects the hoary old view that Indians can't be trusted with such vast development rights.

     

    But these are near-hysterical scenarios. Wal-Mart, spurned by Vancouver, is talking to Baird about setting up shop. But I'd place the odds of the Tsawwassen lands being turned into a vast industrial park or a West Coast version of Sin City at zero.

     

    Yes, under the treaty, the Tsawwassen First Nation gets near-total control over its land. It could heavily industrialize the area if it wished. It could set up a hotel casino complex. Truth be told, it can do pretty much what it wants.

     

    But it isn't likely to do anything radical for two simple reasons.

     

    First, the treaty land is a relatively small parcel, and it happens to be home. Most of the Tsawwassen First Nation's 358 members won't agree to a community plan that would turn their 724 hectares into an industrial park, regardless of how much money it would generate.

     

    "That's not my vision, that's not our people's vision," says Baird. "Yes, we'll develop our lands. But don't forget, we live there, too. We want to do it right."

     

    And that's the second reason British Columbians shouldn't lose sleep over the Tsawwassen treaty. The treaty contains a little-noticed, but important, mechanism that will require the Tsawwassen First Nation to develop its land in a way that fits into the broad plans of the 2.2 million inhabitants of the Lower Mainland.

     

    It's essentially a good-neighbour clause. Here's how that will happen.

     

    Once the treaty is ratified by Parliament and the B.C. legislature -- Victoria is likely to do so in a few weeks and the federal government is expected to follow in the next few months -- the Tsawwassen First Nation will be obligated to complete a detailed community plan. That will set out precisely what parcels of land are to be zoned industrial, commercial and residential.

     

    That community plan, thanks to the treaty, will automatically be integrated into the regional growth strategy of Metro Vancouver. It's board members will have little say in how that land is zoned at the outset -- Chief Baird did not want anyone blocking the industrial and regional zoning she says is needed to kick-start a new economic base.

     

    But there's no carte blanche here for the Tsawwassen First Nation. After that plan is put into effect, something unprecedented happens: The Tsawwassen First Nation will become a full member of Metro Vancouver -- a first -- and be one of three dozen voices shaping the region. From that point forward, it will be required to show how its land development fits into the broader region plans for all of Metro Vancouver, a first for any first nation.

    In essence, Baird will find herself acting not simply as a chief, dealing with premiers and prime ministers, roles many native politicians relish. The chief is about to become a mayor, whether she likes it or not, with all the local fence-building, politicking and municipal horse-trading that job requires.

    Treaty-making wasn't without its standoffs, and making it work won't be without its controversies. There's a learning curve with anything so new. The lawyers will be kept busy interpreting and defining just how municipalities and a first nation work together as they battle over how best to develop the Lower Mainland.

    But one thing is certain. Thanks to this new treaty, there will be an unprecedented amount of transparency and public debate in the years ahead over how the Tsawwassen First Nation develops its land and takes its place in the future of the province and Metro Vancouver.

    If you don't think that's a historic step forward, just contrast it to the backroom dealing and secret talks now taking place between the Musqueam First Nation and the provincial government over the ownership of the University of B.C. golf course. In this case, the future of a $1-billion chunk of public green space in the heart of Vancouver is up for grabs, and nobody other than the insiders knows what's on the table.

    mcernetig@png.canwest.com

     

    Aboriginals not central in throne speech

    Doug Cuthand, The Leader-Post

    Published: Monday, October 22, 2007

    The speech from the throne is hyped by the media as the last word from the government of the day when in reality it is only the first. Normally throne speeches are treated as statements in which the government puts forward its agenda for the coming session of Parliament and not something that holds the confidence of the government in power.

     

    Throne speeches are followed by the details and legislation and it is at this point where the confidence of the government is on the line. Prime Minister Stephen Harper has made the throne speech an issue of confidence that could take the country to an election nobody, except for a few political junkies, wants.

     

    Fortunately First Nations and aboriginal people received only a few references in the throne speech. I say fortunately because legislation regarding the First Nations should be brought forward only after extensive consultation with all of the parties. Once legislation affecting First Nations gets on the floor of the House of Commons, it is out of our hands as it is taken through the various committees and hearings.

     

    Probably the most important item for us in the speech was a commitment by the government to issue an apology for the treatment our people received by the boarding school process. This apology is long overdue and now that a settlement is in the works the government can make an apology. Hopefully this will serve to bring closure to this sad chapter and we can move ahead. In addition to the apology, the government will reintroduce the equality legislation and introduce legislation dealing with specific claims. Specific claims are land and treaty claims that are specific to a single First Nation and generally relate to loss of land.

     

    Not in the speech, but symbolic all the same, was the inclusion of Patrick Brazeau, the national chief of the Congress of Aboriginal Peoples (CAP), as one of the prime minister's special guests in the Prime Minister's Gallery. This is a public relations gimmick introduced first by Ronald Reagan in the United States. People representing interest and support groups are essentially used as props to support whatever political line is being taken.

     

    Brazeau represents an organization with no national profile, much less a national membership. The Metis National Council and the Assembly of First Nations are both organizations with a national presence and a clear constituency. CAP is simply a lobby organization that is used by federal politicians when convenient.

     

    The organization began back in the '60s as the Native Council of Canada and represented Metis and non-status Indians. It became defunct when the Metis National Council was formed. Later it was restructured and claimed to represent all of the off-reserve Indian people. It was resurrected and funded by the government during the negotiations on the Constitution that led to the Charlottetown Accord. At the time it was widely regarded in aboriginal circles that it was an interloper, funded to act as a red herring on aboriginal matters. Neither the Metis National Council nor the Assembly of First Nations regarded their constituency as fractured or restricted to urban and rural members

     

    The members of CAP addressed a naive media claiming to represent hundreds of thousands of people. They bought it and today we have a bodiless head of an organization that claims a membership far beyond reality.

    CAP's relationship with the Conservative government is worrisome for many politicians in the older established organizations. CAP has been an uncritical cheerleader for the federal government, going so far as to agree with the decision to dump the Kelowna Accord in spite of the fact that it was supported by the provinces and the other aboriginal organizations.

    On Oct. 12 Brazeau made a statement to the media calling upon the government to reintroduce legislation to ensure equality rights for aboriginal people on reserves. For a leader who claims to represent off-reserve people, he was out of order but when the request was answered in the speech from the throne it was passing strange. Did the prime minister's speechwriters stop their work and add it or was Brazeau simply floating a trial balloon on behalf of the government?

    Backing an organization with dubious representation will backfire as First Nations and Metis people see that they have limited access to government.

    - Doug Cuthand is a Saskatoon-based freelance writer.