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November 30 Court ruling’s implications ‘huge’: TetreaultTsilhqot’in decision could lead to ‘new order of government’ By Reporter Jennifer Miller jmiller@whistlerquestion.com First Nations groups across the province, and in the Sea to Sky corridor, have been sequestered away in meetings with lawyers since last week, trying to make sense of the potential implications of a recent landmark ruling on aboriginal land title, jurisdiction and compensation in the B.C. Supreme Court.
While the potential effects of the complex decision are still being explored, at least one local commentator this week said the ruling could lead to “enormous” changes to life as we know it in B.C. — including First Nations jurisdiction over large chunks of land. For the first time in history, First Nations could be in a position to develop their own laws and land use regulations, such as their own equivalent to the Forest Act, said Sheldon Tetreault, regional manager for the National Centre for First Nations Governance and former administrator for the Lil’wat Nation.
“This will take it (jurisdiction) out of the hands of the Province,” he said Tuesday (Nov. 27). “It’s a new order of government.
The landmark ruling — handed down Nov. 21 by Justice David Vickers in the long-running Tsilhqot’in Nation v. British Columbia case — not only provides a legal opinion on the application of aboriginal land title and First Nations jurisdiction over such land, it also deals with the issue of compensation. Tetreault said his interpretation of the ruling is that compensation would have to be paid in instances where aboriginal title lands have been infringed upon.
In the corridor, that could potentially mean compensation to the Squamish and Lil’wat nations for the economic activity of the Whistler resort since its inception, he said. The possibility of First Nations jurisdiction over local land could also mean a much greater role and control for aboriginals in land use frameworks such as the Sea to Sky Land and Resource Management Plan (LRMP)
“The whole landscape in which those decisions get made could potentially change completely,” Tetreault said. “The impact could be absolutely huge.”
Though Tetreault acknowledged since last week’s ruling was in a lower court it will likely take years for far-reaching effects to be felt, he said there’s no doubt it will go all the way to the Supreme Court of Canada.
After a trial that lasted 339 days and cost taxpayers millions of dollars, Justice Vickers’s decision concluded that the court is not able to declare aboriginal title on the more than 400,000 hectares of land in dispute in B.C.’s Cariboo-Chilcotin region. But he identified several areas of the total claim as title lands — about 200,000 hectares, or 2,000 square km.
“The Court offers the opinion that Tsilhqot’in Aboriginal title does exist inside and outside the Claim Area,” the judgment reads.
Tetreault said this is the first court ruling in Canada that attempts to define the extent of First Nations land claims “on the ground,” and it starts to set out just how much land would be covered under aboriginal title — “way more than I think the Province ever anticipated,” he said.
Other local First Nations leaders were more cautious in their comments, saying more information and analysis is needed to determine how the ruling will impact the relationship between B.C. First Nations and the provincial government.
Gerard Peters (Eppa), chief treaty negotiator for the In-SHUCK-ch Nation, said he’s still waiting for his legal counsel to review the ruling but his initial reaction is that the decision doesn’t provide any definitive answers.
“I don’t think the court clarified as much as it clouded the legal landscape,” he said.
But Justice Vickers’s opinion that governments take an “impoverished” view of aboriginal title is something that, if applied by treaty negotiators, could help the treaty process flow more easily and cut down on the length of negotiations, he said.
The In-SHUCK-ch are currently in the final stages of treaty negotiations and Peters said he plans to use the court’s decision to make a case to government negotiators that they aren’t going far enough in the areas of both land and jurisdiction. Land without jurisdiction puts First Nations in the position of having to rely on other authorities to use their land, he said.
Lyle Leo, lead negotiator for the Lil’wat Nation, said it’s too early to make any “hard-line statements” about the potential impacts of the ruling. There must be time to digest the decision and see how the Province reacts, he said.
Leo added that he found it “promising” to read newspaper reports over the weekend that Premier Gordon Campbell is willing to talk, and that both sides seem willing to negotiate out of court before filing appeals. The Lil’wat are also consulting their lawyers and meeting internally to discuss the ruling, he said. November 29 B.C. cedes control over native schoolsBy Tom Fletcher - Chilliwack Progress - November 27, 2007 VICTORIA – The B.C. government has introduced legislation to transfer control of education to aboriginal communities who are ready to run their own schools.
It’s the latest step along the road to self-government for federally controlled native reserves, following an agreement reached in 2006 between Ottawa, the province and the First Nations Education Steering Committee (FNESC). Education Minister Shirley Bond said it’s a voluntary program for schools on native reserves that are ready to deliver a curriculum that equals or exceeds provincial standards. Graduates will receive a “dogwood” diploma the same as they would from a public school. Nathan Matthew, chief negotiator for FNESC, said the participating schools won’t look any different than they are now, but they will be certifying their own teachers and handling accreditation and curriculum themselves. The B.C. College of Teachers is working with aboriginal schools, whose teachers will also be covered under the college discipline registry. “We have the same schools, we have the same people running the schools,” Matthew said. “It’s just that we will have added responsibilities and jurisdictions under the law, and we will be out from underneath the Indian Act.” There are currently about 6,100 aboriginal students in 130 schools on aboriginal land in B.C. Most reserve schools are for elementary grades, with students moving on to public schools for high school. More than half the aboriginal students don’t graduate, and Matthew and Bond said the transfer of authority is part of an effort to improve that situation. Ministry statistics show that only 47 per cent of aboriginal students completed high school last year, a rate that has remained stable over the past five years. The overall provincial rate has remained at 79 per cent over the same period. Bond said work will also continue to incorporate First Nations education into the public school system. “We’ve done that now with a First Nations English 12 course to try to attract aboriginal students to those programs,” she said. “We are working in partnership with First Nations leaders and educators to design that curriculum, but at the end of the day, that decision will be up to First Nations people.” New federal legislation won't address Ontario's native land claims: Minister18 hours ago
TORONTO - Ottawa's attempt to clear a backlog of more than 900 aboriginal land and treaty claims won't diffuse the mounting frustration fuelling blockades and occupations in Ontario, the province's aboriginal affairs minister said Wednesday.
Michael Bryant said the new legislation introduced Tuesday in Ottawa won't apply to the vast majority of the province's aboriginal land claims, including some of its most problematic and high-profile cases, such as the ongoing aboriginal occupation in Caledonia, Ont.
"It's useful for the very few claims that involve money and only money," Bryant said. "As it stands, the bill will not address Ontario land claims, like the one affecting Haudenosaunee Six Nations in Caledonia."
If passed, the federal legislation would create an independent tribunal of six Superior Court judges to make binding decisions on specific claims that were rejected or have dragged on for at least three years.
The province and the federal government have got to come up with a better - and faster - way of settling land claims if they want to avoid future occupations and blockades in Ontario, Bryant said.
The current process of settling aboriginal land claims is "unacceptable," both for private landowners and for aboriginal communities who feel they have a legitimate claim, he said. Current delays - some as long as 20 years - just increase frustration in aboriginal communities, he added.
"It's having a highly detrimental impact overall in the relationship and it leads to protests and blockades and the things that are not helpful at all to either side," Bryant said. "The resolution of treaty claims is the biggest roadblock to the long-term relationship."
There is little point in bringing in legislation to clear the backlog of aboriginal land claims if it doesn't address the needs of Canada's most populous province, said Grand Council Chief John Beaucage of the Union of Ontario Indians.
"If it's not going to clear up a backlog of claims then why is it being introduced?" Beaucage said. "That concerns me."
The mounting backlog of claims that take decades to settle is a "contingent liability on every single taxpayer in Canada," he added.
"It just takes forever. Some people can spend their whole careers on one land claim," Beaucage said. "The quicker it's looked after, the better off we all are."
In the meantime, Beaucage said, Ontario should follow the recommendation from the recent Ipperwash inquiry and appoint a provincial, arms-length treaty commissioner who would help settle federal land claims.
Indian and Northern Affairs Minister Chuck Strahl called the new, impartial process a "powerful new tool" that addresses decades of criticism and recognizes the weaknesses of the current system.
Ted Yeomans, Strahl's director of communications, said the new legislation could apply to the "lion's share" of claims in Ontario. About 90 per cent of Ontario's claims fall under the $150-million cap placed on claims under the new legislation, he added.
Caledonia - Ontario's most thorny and high-profile claim - doesn't fall under the new legislation because Six Nations decided to pursue the claim through the courts, he said.
But Bryant said he has already spoken to Strahl about finding alternatives and other ways to speed up Ontario claims.
"The desire by the federal government to work with Ontario to expedite the federal claims is very positive," said Bryant.
The existing system of resolving land claims was under fire for years - not just because it takes an average of 13 years to settle a case, but because the federal government acts as both a defendant and a judge.
The new bill was co-authored by Phil Fontaine, national chief of the Assembly of First Nations. The bill will now go to First Nations across Canada for review and chiefs will discuss it at a December assembly meeting.
Some estimate it will take more than 12 years to clear the backlog of claims given fewer than 20 cases are settled a year under the current system.
But New Democrat Gilles Bisson said there is plenty Ontario can do without the federal government if it were serious about addressing the plight of aboriginals - starting with sharing revenue generated by mining and other industrial activity on traditional aboriginal land.
"This is what galls me," Bisson said. "To say what the federal government is doing is not going to fix the problem is one thing but the province is in a position to do a whole bunch of things." Native band can't enact labour code, court rulesMississaugas tried to ban strikes at Blue Heron casino
Nov 28, 2007 04:30 AM Tracey Tyler LEGAL AFFAIRS REPORTER
An Ontario Indian band does not have a constitutional right to enact its own labour code on reserve lands, the province's highest court ruled yesterday in an unusual case testing the scope of aboriginal self-government.
The Mississaugas of Scugog Island First Nation contended its self-proclaimed labour code, which would ban strikes at a popular casino on its reserve near Port Perry, was an exercise of its aboriginal and treaty rights to regulate work activities and control access to its land.
But in a 3-0 decision yesterday, the Ontario Court of Appeal said the band mischaracterized the legal right it was claiming.
The band was actually asserting a right to regulate labour relations on aboriginal lands, said the court.
And before that can be considered a constitutionally protected aboriginal right, the band has to show that controlling labour-management dealings is in some way related to its traditions, which it has been unable to do, the panel added.
The band is a branch of the Ojibwa, whose society before the arrival of the Europeans was notably family-based, free of hierarchies and resolved disputes through non-adversarial methods, wrote Justice Robert Sharpe.
That picture is "fundamentally at odds" with the labour-relations regime contemplated by the band's code, which would see disputes resolved before a tribunal called the Dbaaknigewin, which "exercises coercive powers," he said.
"In the final analysis, the (band's) claim is cast at a level of such generality that it amounts to an assertion that First Nations should be accorded a virtually unconstrained right of self-government in relation to any activity that takes place on aboriginal lands," Sharpe said.
Tracy Gauthier, chief of the 173-member first nation, said the band is "pretty disappointed in the decision from the court" and will be considering a further appeal.
Gauthier, who enacted the code with two others at an informal meeting in 2003, said their objective was to deal with potential labour disruptions "in a more peaceful way" than a strike.
About 1,000 people work at the Great Blue Heron Casino. The Canadian Auto Workers was certified as their union six months before the band enacted its code, which was modelled on the Canada Labour Code.
However, its code also required a union to pay a $3,000 fee, and obtain Dbaaknigewin permission, to speak to workers on the reserve, as well as charging $12,000 to file an unfair labour practices complaint.
The CAW filed a complaint with the Ontario Labour Relations Board. Gathering’ focuses on boosting aboriginal employmentDuane Hicks Wednesday, November 28, 2007 FORT FRANCES—Billed as an opportunity to bring communities, leaders, stakeholders, and organizations together to share ideas, resources, and knowledge to improve employment services, “The Gathering” saw more than 100 delegates turn out Monday for the day-long conference at the Couchiching Bingo Hall. And Northern Community Development Services, which organized the event, is calling it a first step in reducing the levels of poverty while providing hope for future generations by building a bridge that will ensure the transfer of skills, education, and empowerment of aboriginal youth.
NCDS executive director Jenny Greenhalgh said Tuesday the objectives of “The Gathering” were to get attendees to agree on primary barriers to aboriginal employment and priorize them, and then agree to co-operatively address the barriers identified in a specific manner and within a specific time frame. The first objective was accomplished Monday afternoon once attendees broke out into focus groups, and got to work identifying barriers such as education, transportation, lack of life skills, lack of opportunity, and discrimination. All the information on the identified barriers will be compiled in a report, which will be ready prior to Dec. 21. “The very interesting part was the next objective for us was to find whether they would be prepared to take the next step,” Greenhalgh said. “We’ll produce a report, but we need to take more steps, strategize around these barriers. “And so we asked for a community or organization to come forward and say they’d be the lead, with the assistance of NCDS, to form a roundtable. And we’re so happy that Rainy River First Nations stepped up to the plate and said ‘Yes, we’ll do this.’ “In fact, Chief Dean Wilson already called me this morning [Tuesday] and said, ‘I think it’s great. Let’s do this—we’ll set it up for sometime in January probably.’ “Our objectives were actually met,” Greenhalgh added. While “The Gathering” was a major undertaking for NCDS, Greenhalgh chalked up at least some of its success to timing. “Everybody’s talked about this kind of thing for a long time, and the time was right. It’s one of those kismet things, serendipitous, whatever you want to call it,” she remarked. “We had communities phoning us saying ‘We want to participate. We want to be there.’ We originally started off planning this for maybe 60 people. But it grew. The interest was there.” Guest speakers at “The Gathering” included facilitator Paul Pirie, Grand Chief of Treaty #3 Arnold Gardner, Couchiching FN Chief Chuck McPherson, Métis Nation of Ontario chair Gary Lipinski, Sunset Country Métis president Clint Calder, Greenhalgh, NCDS placement officer Steve Latimer, and Calvin Morrisseau, social policy analyst for Grand Council of Treaty #3. And while they may represent different backgrounds, all of the speakers made it clear that something has to be done to address aboriginal unemployment. Pirie, a former police officer of 32 years, said he’s repeatedly witnessed the devastating results of poverty over the years. He recalled the United Nations chastised Canada a few years ago regarding the ”unbelievable extent” of child poverty here, with 1.5 million children under 16 living in poverty, and 52 percent of those children being aboriginal. And just last week, the U.N. again rebuked Canada for still having not done anything about it. “I personally believe that this change can occur from within,” said Pirie. “Better employment, and informed, meaningful, skilled, and professional occupations will lead to an improved economy and living conditions for our people. “It may not be eliminated, but poverty and the related issues of despair and hopelessness will be mitigated,” he stressed. “We’re here today to take that first step. This is, indeed, a momentous occasion and I do believe we will succeed.” “I think what we’re doing today is greatly needed,” said Treaty #3 Grand Chief Gardner, adding he felt the answers to the problems of aboriginal poverty and unemployment must come from the people. “I believe the answers are within ourselves here today,” he said, noting the outcome of “The Gathering” could set the model for boosting aboriginal youth employment. Grand Chief Gardner noted it is very difficult to provide opportunities and jobs relying on the economy within an individual First Nation, adding half of the population of his community of Eagle Lake lives off reserve. One possibility is training through the Canadian military. Grand Chief Gardner said he recently spoke to a First Nation war veteran, who said the military wants to start recruiting native men and women. “It’s not about going to war,” he stressed. “There’s a lot of careers that be opened up from joining the army, navy, air force, and marines.” “For long periods of time, I’ve spoke with politicians at the provincial and federal level about the inability of Couchiching people to get jobs in major industry in the Fort Frances area,” said Chief McPherson. “As chief, my voice has gone unheard. We have one resident of Couchiching working in the major industry of Fort Frances here and that’s intolerable, that’s a disgrace. “This problem has been multi-generational, so for us to identify those barriers and bring them down would be something very beneficial to us, the people of Couchiching and the residents of the other First Nation communities throughout the district,” he remarked. “[This is] a first step in identifying the barriers that need to be brought down to ensure the youth of the future have employment. We can no longer rely on the pulp and paper industry as the sole employer in the area,” added Chief McPherson. “It’s detrimental to rely on one industry, and we have to work collectively to ensure we’re able to provide our children with a bright future.” For his part, Lipinski said the Métis and aboriginal peoples have to work together on the issue of youth employment. Lipinski noted 42 percent of the Métis population in Ontario is under 25. “We have a very young population and certainly one that Canada should be looking forward to when looking for its workforce in the future,” he remarked. “There’s a lot at stake here.” However, as of 2001, 32 percent of registered Métis had not got their high school diploma, compared to 15 percent of the general population of Ontario. On the other hand, 26 percent of Métis that go to college get their diploma while eight percent get their university degree. Lipinski said there are some training efforts going on locally, like Shooniiyaa Biidoong Self-Employment Program and the MNO training initiative, although funding for the latter is set to expire in 2009. The federal government must be pressured to keep it going, he said. “Things are going to have to change within our communities. We have to look at ways of helping ourselves,” Lipinski stressed. “And certainly economic development plays an important role. “We have to create opportunities to bring economic development into our communities and into our regions, and we need to ensure that when that happens, there is a place for our citizens whether they’re Métis citizens or First Nation citizens. “If there’s an industry coming in, we should be there working with that industry to say that we have a workforce already here. You don’t need to import people in, we have workforce here,” he stressed. “If they need training or education upgrades to get them into those jobs, then let’s do it. Industry needs to make a place for our people.” Lipinski also said Métis and First Nations have to work with both levels of government to ensure there’s access to resources and benefit sharing so that those communities have essential tools and funds to get into economic development opportunities. “We live here. We know what we want to do. Our people know what we want to do” he said. “But unfortunately, the tools aren’t there to allow them to do that.” Calder, meanwhile, shared his personal story, relating he had difficulties in high school, and understands the link between poverty, lack of education, substance abuse, and suicide that plagues local communities. “Basically a high school dropout,” according to Calder, he ended up getting a hand from several government programs and ended up going to college and then law school to become the lawyer he is today. He added that financial support, as well as counseling and the knowledge of what training programs exist, are necessary to help youths get the education to succeed. “Why is it when I travel throughout the district attempting to find placements for aboriginal youth, why are they only in entry-levels jobs?” asked Latimer, adding aboriginal peoples must be given the opportunity to get into the skilled trades. He stressed there has to be changes to apprenticeship certification regulations that work for the north. And Morrisseau, who spoke from heart-breaking personal experience, reiterated that poverty amongst aboriginal peoples continues to be a problem, likening some reserves to Third World countries existing within one of the richest countries on Earth. “I ask myself, ‘Have I done enough to end [child poverty]’ and the answer is ‘No,’” he remarked. Morrisseau added senior levels of government, having made too many broken promises over the years, can’t be relied on to end poverty. “We need a local solution that meets local needs,” he argued, adding that Treaty #3 will be conducting a study on aboriginal poverty in coming months. The event also featured a traditional feast. Elder Gilbert Smith gave the opening and closing prayers. “Our youth, and even some of the adults, are having difficulty putting food on the table,” Smith said Monday morning. “We need to find new ways today. This is why we’re together.” “The Gathering” was covered by television networks CTV and CBC Northwest. A feature story also will appear on APTN. (Fort Frances Times) Aboriginals key to economic futureKerry Benjoe, Leader-Post Published: Tuesday, November 27, 2007 A new study released Monday states that education is the key to unlocking billions for Canada's economy in the next 10 years.
"We feel aboriginal Canadians can make a much more greater contribution to the economy in terms of more people working and higher productivity if they had better education," said Andrew Sharpe, the study's author. "There's a lot lost to society by having people not using their full potential in terms of education."
Sharpe completed the new study called, The Potential Contribution of Aboriginal Canadians to Labour Force, Employment, Productivity and Output Growth in Canada, 2001-2017 for the Centre for the Study of Living Standards (CSLS).
"Basically we have lower labour-force growth in the future because we have the retirement of the baby-boom generation, so there's more older people. And also our productivity level has been very weak in the past," said Sharpe.
He argues that $70 billion could be gained by the Canadian economy by 2017 if Canada can increase the number of aboriginal graduates to 70 per cent, which is the level non-aboriginals had in 2001. According to 2001 statistics only 52 per cent of aboriginal Canadians complete high school.
Sharpe said the federal government now has extra money in terms of the surplus and it can either use it to cut taxes, pay down the debt or invest in the educational future of aboriginal Canadians.
"What we're arguing is the latter is a good move in terms of overall well-being of Canada, because we can improve the equity situation and also improve the overall economy," said Sharpe. "So there's no tradeoff between equity and efficiency if we invested more in aboriginal Canadians in terms of educational attainment."
He said this information is very important for Saskatchewan because of its high aboriginal population.
"If trends continue aboriginal people will account for most of the labour force in Saskatchewan in the next 10 years," said Sharpe.
Vice-Chief Lyle Whitefish of the Federation of Saskatchewan Indian Nations says the study states what he has been saying for years. He commends the work done on the subject, but feels more immediate action needs to be taken rather than just more studies.
"This is something that we've known for a long, long time," said Whitefish.
He said as a First Nations leader the importance of obtaining an education is a message he has been delivering to the youth for years. Whitefish is frustrated at the lack of progress that has been made to increase post-secondary funding for students and says long wait lists are contributing to the low numbers of post-secondary graduates.
Whitefish hopes now that there are real numbers attached, governments will listen to what First Nations leaders have been saying -- that education is the key to equality because many problems facing First Nations people like high incarceration rates, poverty, poor housing and health are all related.
"The federal government has announced a surplus in their budget and we see nothing in support for education," said Whitefish, who hopes the study will spur some action.
Raman Visvanathan, executive director of training institutions with Saskatchewan Advanced Education and Employment, said the province has recognized the need to provide education and training for aboriginal people.
"We are targeting aboriginal initiatives in particular and that's why we have been working with (Saskatchewan Indian Institute of Technologies) as they have a natural connection to the aboriginal population."
Commission an opportunity ‘to acknowledge the truth,’ says bishopArt Babych Nov 27, 2007 Art Babych Bishop Mark MacDonaldCan non-aboriginals handle the truth about the abuses that happened in Canada’s Indian residential schools?
That is a concern of Robert Watts, named early this year as the interim director of the Truth and Reconciliation Commission, part of the $4-billion settlement agreement reached between the federal government, the churches involved in running the schools and the Assembly of First Nations.
One of the factors affecting healing and reconciliation between residential school survivors and the rest of the country will be the “receptivity of the country to the truth,” said Mr. Watts, the former chief of staff to Phil Fontaine, national chief of the Assembly of First Nations. “We can have all the truth in the world, but if people aren’t listening … in terms of building for the future, we will miss an opportunity.”
He was speaking at a Nov. 19 event that included Bishop Mark MacDonald, the Anglican Church of Canada’s first national indigenous bishop. The event, titled, “Confronting our Aboriginal History Towards Healing and Reconciliation,” was held at Ottawa’s Church of St. John the Evangelist, and was organized by the parish’s PWRDF committee.
Mr. Watts and his staff are seeking members to serve on the commission, which is to be an independent commission appointed by government order-in-council. A selection panel is sifting through more than 300 applications from across Canada, and is expected to come up with a short list for the position of chairperson and two commission members by early in the new year.
During its five-year term, the commission’s duties will include hosting seven national events across the country to hear from residential school survivors, churches, and government. “We want to hear the voices of the people who were involved in the residential schools to help create an accurate history of residential schools,” said Mr. Watts.
The commission is to table a report on the historical findings of its research half way through the project and provide a listing. “We’re hopeful in the second half of the mandate that we’ll have an opportunity to do a lot of important things at the community level, to work with indigenous communities in terms of truth telling, and working with them in terms of healing,” said Mr. Watts.
Bishop MacDonald said he views the Truth and Reconciliation Commission as a “doorway” and “an opportunity for us to acknowledge the truth.” He also drew on words of aboriginal elders when asked what parishes can do to help in the healing and reconciliation process. “Walk with us,” is what the elders would say, said the bishop. “At a very simple level, that’s a very profound thing to say … but consider for a moment that in North America, First Nations peoples have volunteered and died (in wars) at a higher rate than any ethnic group. The rates both increase in every war that’s been fought. First Nations people have known how to walk, sacrificially, with the rest of Canada on so many issues and have paid a price so dear in so many ways,” he said. “And they continue to do that.”
The bishop is optimistic about an improvement in the relationship between First Nations people and non-aboriginals. “That isn’t necessarily because the institutions have become so wonderful, but it appears to be that the Creator, through the Spirit, is doing things in peoples’ hearts and minds that have the capacity to transform institutions,” he said. “I see a lot of good things in motion.”
Art Babych is editor of CrossTalk, the newspaper of the diocese of Ottawa. November 27 Canada loses billions because almost half natives don't graduate high school1 day ago
TORONTO - Canada stands to lose billions over the next decade in lost productivity and labour growth because almost one in two aboriginal youths don't graduate from high school, a study being released Monday suggests.
The study, by Ottawa's Centre for the Study of Living, projects Canada's GDP would grow by an additional $71 billion by 2017 if aboriginals had the same graduation rate as the rest of the population.
Using figures from the 2001 census, the study said only 52 per cent of Canada's aboriginals earned their high school diploma compared to 70 per cent of non-aboriginals.
If the Canadian economy could better harness the potential of aboriginal youths, aboriginal communities and the nation's economy as a whole would benefit, the study said.
"Increasing the number of aboriginals who complete high school is a low-hanging fruit with significant and far-reaching economic and social benefits for Canadians," the 180-page study concludes.
"Not only would it significantly contribute to increasing the personal well-being of aboriginal Canadians, but it would also contribute somewhat to alleviating two of the most pressing challenges facing the Canadian economy: slower labour force growth and lacklustre labour productivity growth."
The potential contribution of a better-educated aboriginal population is especially tantalizing as baby boomers retire because more than half the aboriginal population in Canada is now under the age of 25, the study said.
It's difficult to underestimate the power of a high school diploma, the study said. Aboriginals without a high school education earn less money and are twice as likely to be unemployed than those with a diploma, the study said.
Only 8.9 per cent of aboriginals held a university degree in 2001 compared to almost 22 per cent of non-aboriginal Canadians.
National Chief Phil Fontaine, with the Assembly of First Nations, said it's clear aboriginals are an "untapped resource." They are the fastest growing segment of the population and the majority of aboriginals are under 25, he said.
But they also face tremendous poverty - unsafe drinking water, inadequate housing, illnesses and suicide, Fontaine added. Until aboriginals can expect the same standard of life, he said they will have difficulty making a strong contribution to the Canadian economy.
"It doesn't make sense . . . to keep people poor, poorly educated, poorly trained and unable to access jobs," Fontaine said in an interview. "This is a significant labour pool but it has to be developed."
Aboriginals are not looking for special treatment, Fontaine added.
"We're asking for what others enjoy - a basic standard of living with decent schools, decent housing, safe drinking water and quality health care."
Andrew Sharpe, executive director of the centre and co-author of the study, said the economic argument for boosting aboriginal graduation rates is strong but all levels of government have equally strong moral incentive as well.
"Canada is really doing poorly in terms of the living conditions on many reserves in the country," he said. "We really should improve the quality of life of many of our aboriginals. Education is the best tool to do that."
Monday's study comes on the heels of another survey by the Canadian Education Association which highlighted the low graduation rate of aboriginal youth. Penny Milton, the association's CEO, said schools are "not making the grade" for aboriginal children and others who drop out. Researcher examines First Nation diabetesTHERESA SERAPHIM Native affairs minister meets disgruntled Caledonia residentsPublished: Monday, November 26, 2007 CALEDONIA, Ont. -- Ontario's Minister of Aboriginal Affairs visited an embattled part of Caledonia for the first time Monday, and promised economic aid to businesses suffering since First Nations began to occupy a tract of land nearly two years ago.
Michael Bryant said he is looking for short- and long-term solutions to an ongoing land dispute while federal and provincial negotiators continued talks with Six Nations.
Six Nations protesters claim a 40-acre housing development site near the Southern Ontario town is part of a parcel of land granted to them more than 200 years ago and was wrongly taken from them. They've been staging demonstrations and have barricaded parts of the area since February, 2006.
Bryant arrived in Caledonia Sunday afternoon and met with informally with residents before meeting with community groups and leaders Monday.
Residents gathered at a community centre in Caledonia expressed their frustration at the "secrecy" surrounding the negotiations and called for Bryant to meet with business groups to hear their concerns.
Haldimand County Mayor Marie Trainer says residents want the province to put an end to an occupation that has made them feel unsafe for almost two years.
Th occupation also has bitten into the bottom lines of businesses in this community, 30 kilometres south of Hamilton, Ont.
She also said the community will be presenting a recovery and revitalization plan to the province in January. November 26 First Nation ruling could send 'ripples' through treaty dealsBy Jonathan Fowlie and Gordon Hamilton, CanWest News Service Published: Wednesday, November 21, 2007
VANCOUVER • In a landmark decision, the B.C. Supreme Court has found that a native band has proven its aboriginal title to about 2,000 square kilometres of land in the B.C. interior.
But Justice David Vickers stopped short of giving the Tsilhqot'in First Nation full ownership of the area, because their request was too broad.
"The court is not able, in the context of these proceedings, to make a declaration of Tsilhqot'in aboriginal title," wrote Judge Vickers, adding that, in his opinion, such title does exist.
The decision means the band maintains hunting and trapping rights on the land, but will have to enter negotiations if they want full ownership.
"I feel we didn't lose," said Chief Roger William, who filed the claim 17 years ago on behalf of all members of the Tsilhqot'in First Nation. "I'm falling short of saying 'win' because of declaration of title," he added. "At the same time, we still are able to control and make decisions and benefit from our lands."
Mr. William's lawyer, Jack Woodward, said the judge stopped short of transferring title because of a technicality, and that the ruling essentially tells the governments to hand over the land.
"It's a breathtaking victory for First Nations and will change the way the Crown deals with First Nations in British Columbia and across Canada," Mr. Woodward said, adding the case will send ripples though all treaty negotiations in the country.
Judge Vickers also concluded the province has unjustifiably infringed on aboriginal rights by authorizing logging in the area without first doing preliminary research.
The B.C. Council of Forest Industries had no comment. Both forest companies with licenses in the area said they were still digesting the ruling.
Judgment Day for Treaty ProcessJudgment Day for Treaty Process A landmark court ruling criticizes government dealings with First Nations. By Rob Annandale Published: November 22, 2007
TheTyee.ca Wednesday’s B.C. Supreme Court decision on a long-running First Nations land claim dispute could turn the province’s controversial treaty process upside down just when it was starting to deliver tangible results.
The ruling came down on the same day the provincial government and a grouping of Vancouver Island bands collectively known as the Maa-nulth were celebrating the second treaty to go through the legislature in one session after years of futility.
Justice David Vickers criticized the provincial and federal governments for a “postage stamp approach to Aboriginal title” that tries to place excessive limits on the amount of territory conceded to First Nations. He said the evidence supported Tsilhqot’in claims to Aboriginal title on about 2,000 square kilometres of land in the Chilcotin district even if the nature of the case prevented him from making his opinion binding.
The decision was the culmination of a 17-year legal fight and the judge said he hoped his ruling would not be appealed. But the government’s initial reaction suggests it is not happy with an outcome that could encourage other First Nations to expect better results from the courts than the negotiating table.
The BC Liberals, once converted to the idea of treaties, have become ardent proponents of settlements they say provide the “certainty” necessary to foster investment in BC. Both the Tsawwassen and Maa-nulth agreements have shown Victoria is willing to part with millions of dollars upfront to get deals done.
Critics of the treaty process speak instead of “extinguishment,” saying First Nations are offered small parcels of land in exchange for giving up claims on much larger ancestral territories.
Vickers also stated that the commercial exploitation of land that prompted Chief Roger William’s legal action had infringed unfairly on Tsilhqot’in land and that provinces have no right to extinguish Aboriginal title, a point that lines up with the Supreme Court of Canada’s thinking.
ADVERTISEMENT Speaking at the treaty celebration, Premier Gordon Campbell called the Maa-nulth agreement a milestone in reconciliation. But a BC Assembly of First Nations statement released in the court ruling’s wake vowed this latest decision would mean change. Sounds like the start of a new New Relationship. B.C., first nation to talk outside courtsPremier and native band leader agree to groundbreaking land negotiations following Supreme Court ruling Jonathan Fowlie, Vancouver Sun Published: Saturday, November 24, 2007 VICTORIA - Premier Gordon Campbell and the Tsilhqot'in native band have taken the first major recommendation from this week's landmark B.C. Supreme Court ruling and agreed to begin negotiations outside the courtroom.
Chief Roger William said that in a half-hour meeting with Campbell on Thursday -- about 24 hours after the release of the ruling -- both sides agreed not to appeal for at least four months.
"It gives time for everyone to go through the decision and it also gives us time to put an agenda in place and start working on it," William said on Friday.
"Four months is going to give us enough time to test the waters -- for them and for us," he said.
On Wednesday, B.C. Supreme Court Justice David Vickers released a 473-page ruling that consisted mostly of opinion. In that opinion, he said the Tsilhqot'in had proven aboriginal title over about 2,000 square kilometres of land in B.C.'s Interior, though he could not give it to them because their request included land not covered by that title.
In the end, Justice Vickers strongly urged both parties to negotiate a solution outside the courts.
On Friday, William said he approaches that process with optimism for the fate of his people.
At the same time, however, many of B.C.'s other first nations are looking at the ruling as a way to guide the future of their own negotiations, and possibly their own litigation.
Grand Chief Ed John of the First Nations Summit said all of B.C.'s chiefs had already been invited to a four-day meeting in North Vancouver this coming week, and that the Vickers ruling will be dominant element of those discussions.
"We'll sit down and talk about where we are right now and the dynamics of where we need to go in the future," he said, adding the chiefs will also look at the Tsawwassen and Maa-nulth treaties that have been introduced into the legislature this session.
John was loath to predict the outcome of that four-day meeting, but did say that things need to change.
"The problem we run into is the governments refuse to acknowledge what the courts have said and use that as a foundation for negotiations," he said.
"We're going to see more litigation," he added.
"There are 40 more court cases in the works right now, and there may be even more after next week."
Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, went further, saying the focus at the meeting will be to "blast the governments out of their entrenched positions of denial and non-recognition."
"I think you can look forward to a definite mobilization," he said. "There's no question this decision will reverberate through the treaty process.
"In a sense the sun has finally broken through the clouds."
In an interview on Thursday, Minister of Aboriginal Relations and Reconciliation Mike de Jong confirmed the government had met with William, but would not reveal any details about what took place.
When asked about the meeting of aboriginal leaders this week, and what the ruling means for the future of the treaty process, he was quick to say it will be a long time before the significance of the ruling is clear. "What did they get? They got an opinion," he said, pointing out the ruling mostly consisted of non-binding opinion.
"I think we've demonstrated a willingness to adjust to changing circumstance, but I'm not going to predict to you today what the effect of a single opinion from a judge, however lengthy, is going to have or how we are going to respond," he said.
"I do know we are going to keep talking, I do know we are going to keep discussing."
In Ottawa, Minister of Indian Affairs and Northern Development Chuck Strahl was equally reserved, with his office releasing the exact same statement on the matter that it did on Wednesday.
"Our government will review this decision and carefully assess its implications and determine what our next steps might be," read the statement.
"We do agree that parties involved in such claims should use discussion and negotiation instead of litigation to resolve these outstanding issues of aboriginal rights and title."
Despite those tepid responses, William said he remains optimistic.
"I believe the premier when he says he respects the decision of first nations. He's going to look at working with us," he said.
"I feel the decision that came down is a tool we can use if the governments are not willing to give what we want," he added.
"We have a tool to force their hands."
And John?
On Thursday, he said that while the effect of the ruling is not yet clear, he has no doubt it will be significant.
"It is an important moment for us," he said.
"We're at a crossroads. Negotiations are at a crossroads in this province right now," he added.
"The government of Canada and the government of B.C. have to change their approach."
jfowlie@png.canwest.com
Aboriginal hangings 143 years ago sour some B.C. natives on treaty negotiations2 days ago
VICTORIA - The aboriginal war chiefs thought they were invited to peace talks after the bitter and bloody Chilcotin War 143 years ago.
Instead, they were arrested, tried for murder and hanged. The hangings and the still-strong cultural belief that the chiefs were betrayed by non-aboriginal leaders hangs over modern-day treaty talks like an angry ghost.
The bad blood from 1864 squeezed to the surface again this week as members of a B.C. aboriginal band that makes its home in the rugged but remote plateau lands near Williams Lake spoke about betrayal at the treaty table.
The band had just been handed a victory by a B.C. Supreme Court judge following a case that dragged on almost five years. The band had chosen the court route, rather than talks at a treaty table.
Joe Alphonse, a government member of the Xeni Gwet'in First Nation, said his people have never forgotten what happened when their ancestors were invited to negotiate with non-aboriginals.
"We've had six war chiefs that were hung at the conclusion of the Chilcotin War," said Alphonse, staring straight ahead and barely concealing his anger.
"They were hung shortly after they were asked under a flag of truce to come join, enter into peace talks.
"So, we've been at the treaty table. It cost us dearly. It cost us six war chiefs in 1864. We've been to that table and we choose not to this time around."
The Xeni Gwet'in who are the Tsilhqot'in people went to court to prove their ownership of about 2,000 hectares of land in the Nemiah Valley near Williams Lake.
Justice David Vickers ruled the Xeni Gwet'in established their aboriginal title to much of what they call their traditional territory.
The Chilcotin War is known as Western Canada's deadliest attack by aboriginals on non-aboriginal settlers.
It started in April 1864, and by the end of May, 19 roadbuilders and one farmer were dead.
The aboriginals, decimated by small pox and fearing an influx of settlers into their territory, put up an armed resistance to workers that were attempting to punch a road from the coast mountains through their territory and into the gold fields of the Cariboo.
A militia army of more than 100 people was sent into the area to find the aboriginals, but the almost inaccessible high plateau, bordered by mountain peaks and raging rivers, made the task near impossible.
After three months, the area's police chief invited the aboriginals to a meeting, where the aboriginals - believing they were being summoned for peace talks - were arrested and later hanged.
Five were hanged in Quesnel and another in New Westminster.
The Tsilhqot'in children learn at an early age about the Chilcotin War. Alphonse said the hangings are a part of his peoples' history.
"I think the hope for Canada and B.C. back then was to shut us Chilcotins up," he said.
"What they did was create a stronger bond among us as Chilcotin people."
He said the court ruling is an opportunity to now consider entering treaty talks because the aboriginals will come to the table with a set of guarantees about rights and ownership.
"Since the hanging of our war chiefs, we've never really felt a part of Canada or B.C.," said Alphonse. "We look at ourselves as Tsilhqot'in people not British Columbians and not Canadians.
"I think this gives us hope," he said.
"There's a willingness on our end to enter the negotiating table, but is there a willingness for Canada and B.C.?"
The Chilcotin hangings have left a legacy of historical mistrust for some aboriginals to reject treaty negotiations, said Chief Edward John, spokesman for the First Nations Summit, the largest aboriginal organization in British Columbia.
There are only about 20 aboriginal treaties in British Columbia among the more than 200 First Nations, and the majority of those treaties were signed in the mid 1800s when British Columbia was still a colony.
The B.C. government has recently reached two treaty settlements with the Vancouver area Tsawwassen First Nation and five Vancouver Island aboriginal nations known as the Maa-nulth First Nations.
The two treaties have yet to be ratified by the federal government.
John said the Xeni Gwet'in court case suggests aboriginals should negotiate their land-claims issues, but it doesn't say they should go to the treaty table.
Many of the aboriginal nations that reject treaty negotiations with the B.C. and federal governments are located in the B.C. Interior, an area near the Xeni Gwet'in.
"It's (the hangings) are still an issue," said John.
"There was some reconciliation efforts that were made," he said.
"Still, the Chilcotin people, as are other First Nations in British Columbia, are fighting for the protection of their lands and the recognition of their rights. When you go back and think about it, it's significant."
Chief Stewart Phillip, president of the Union of B.C. Indian chiefs, said the Tsilhqot'in people proved in court they have the rights to their land without giving up their aboriginal rights - a compromise aboriginals nations face at treaty tables.
He said the Chilcotin War hangings have left a scar on aboriginals and the federal and provincial governments.
"They sent in construction crews. It provoked an uprising," said Phillip, whose organization rejects the current government-to-government treaty talks.
"It's a significant issue for the Chilcotin people."
In 1993, a justice inquiry revisited the Chilcotin War and Judge Anthony Sarich wrote: "Whatever the correct version, that episode of history has left a wound in the body of Chilcotin society. It is time to heal that wound."
In October 1999, 135 years after the hangings, a plaque was unveiled by a Tsilhqot'in chief at Quesnel's G.R. Baker Memorial Hospital.
It says in English and Tsilquot'in: "We meant war, not murder!"
They were the last words of one of the hanged chiefs, who is buried nearby. COVER STORY: THE WILLIAM DECISIONA complicated victory After 339 days in court, the landmark ruling was finally reached this week. In a non-binding decision, the judge determined that the Xeni Gwet'in people had established aboriginal title to a large portion of their territory - but not all of the land they were claiming. Now it's up to the province and the band to negotiate. JUSTINE HUNTER
November 24, 2007
VICTORIA -- Chief Roger William, wearing his trademark black Stetson, sat across from Premier Gordon Campbell in the Premier's legislature office Thursday morning. Both men were accompanied by a handful of advisers who cordially shook hands and admired the Premier's new native paddle.
The formalities completed, Mr. William made an offer, and issued an ultimatum.
The offer was an invitation to go horseback riding in the remote Nemiah Valley in B.C.'s central Interior. Despite assurances that he'd be well looked-after - Mr. William is a skilled cowboy - Mr. Campbell's response was non-committal.
The ultimatum was to resolve his people's aboriginal land claim through talks, or meet again in court.
To this, the Premier exhibited similar caution. Like everyone else connected to treaty negotiations in Canada, Mr. Campbell is still digesting where the parties stand after a historic, albeit opaque, land-claims decision by the B.C. Supreme Court.
The ink was barely dry on Mr. Justice David Vickers's 473-page decision when the Premier sought the meeting with the chief. On Wednesday, Judge Vickers handed Mr. William and the Xeni Gwet'in people a significant victory, declaring they had established aboriginal title to a large portion of their traditional territory.
It's a landmark finding, but the judge attached an unusual and important caveat to his decision.
"The Court offers the opinion that Tsilhqot'in Aboriginal title does exist inside and outside the Claim Area," he wrote.
And the judge concluded that title exists, not in the postage stamp-sized areas suggested by the Crown, but in wide swaths of territory where the provincial government would lose control over the resources that are still critical to B.C.'s economy.
But that opinion is non-binding. Judge Vickers urged the parties to negotiate a settlement: "Trials in a courtroom have the inevitable downside of producing winners and losers. My hope is that this judgment will shine new light on the path of reconciliation that lies ahead."
This after a 339-day trial that cost taxpayers tens of millions of dollars.
Mr. William promptly fired off letters to the Premier and to Prime Minister Stephen Harper, asking them to accept the judge's opinion. In his meeting with the Premier, he suggested a truce, to last four months, when none of the parties will file an appeal. In that time, he hopes that a settlement can be reached out of court.
Mr. Campbell made no promises but signalled his willingness to talk.
TO COURT OR TO TALK?
On May 13, 1992, Mr. Campbell's predecessor, Mike Harcourt, tried to head off the land-use conflict with talks. At that time, the Xeni Gwet'in were blockading a logging bridge and Mr. Harcourt travelled to the central Interior to meet with the band.
His efforts were unsuccessful, but even today he is angry that the dispute ended up in court.
"It drives me nuts, all this money being squandered on lawyers to get the same thing," he said in an interview this week. "The court keeps saying, 'Yeah, yeah, yeah, aboriginal rights and title exist, now go negotiate.' "
Mr. Harcourt, who has since served on the B.C. Treaty Commission, doesn't see the Vickers decision as an invitation to native groups to stampede to the courts. But he said changes must be made by all sides to encourage settlements at the treaty table.
Grand Chief Ed John of the First Nations Summit is also frustrated with the costly court system. But he said the current treaty process, which has garnered so few successes, is not the solution either.
"They should cut through all of this bullshit. The solution is simple. Government should introduce legislation that recognizes aboriginal title. We were here - why drag our elders through the courts to prove who we are and what we did?"
Even leaving aside the question of title, the Vickers decision has significant implications for British Columbia. It accepted that the band has aboriginal rights in its traditional territories, rights that cannot be trampled with resource extraction.
At its heart, the William case was an environmental one. The dispute began when the province approved commercial logging in the forests where the Xeni Gwet'in traditionally hunted and trapped.
Elders like William Setah, who died before the case was even heard, warned that logging would ruin their traditional ways. A trapper since he was 12, Mr. Setah gave his affidavit nearly 20 years ago, when the case began.
"If an area of the trap line was clear-cut logged, it would be useless for trapping lynx, because the lynx would not go there," Mr. Setah explained.
Judge Vickers concurred.
"Land use planning and forestry activities have unjustifiably infringed Tsilhqot'in Aboriginal title and Tsilhqot'in Aboriginal rights," he concluded.
Aboriginal title land - and, using his standard, that could add up to a large portion of B.C. - is therefore not governed by the province's forestry laws.
"The jurisdiction to legislate with respect to Aboriginal title land lies with the Federal government," he wrote.
'WE OWN THIS LAND'
Although the case focuses on the rights of a small native band in a remote section of the province, the William case is expected to have repercussions for land claims in B.C.
To date, a tiny minority of native groups in the province have settled their land claims. Two treaties have been signed under the current B.C. treaty process, the Tsawwassen and the Maa-nulth. Dozens more are still engaged in treaty talks.
Other groups, such as the Hupacasath in Port Alberni and the Musqueam in Vancouver, work directly with governments to secure economic deals, often with prodding through litigation.
And then there are bands like the Xeni Gwet'in, fighting for title rights in court.
It's not immediately clear, given the uncertainty hanging over the William decision, which path will reap the greatest rewards for native groups.
Mr. William spent 17 years as chief fighting this case. Standing outside the Premier's office on Thursday, clad in his leather jacket and cowboy boots, he appeared satisfied with the result.
"We own this land and we are going to act as if we own it," he said. No logging, no mining, without permission from the band.
Judge Vickers found the Xeni Gwet'in proved aboriginal title to roughly 200,000 hectares of land. But the initial claim was framed as an all-or-nothing proposition, and the judge said he could not therefore formally hand over the lands.
To Mr. William, that is nothing more than a technicality to be swept aside. "We have proven title. What are you going to do, government, to work with us from here?"
Mike de Jong, B.C.'s Aboriginal Affairs Minister, was at the meeting in the Premier's office. Not surprisingly, he doesn't accept Mr. William's interpretation.
"This concept of a non-binding opinion and what impact it will have remains to be seen," he said in a later interview.
The province is willing to reconsider its treaty-negotiating mandate in light of the ruling, Mr. de Jong said, but maintained the Xeni Gwet'in won nothing in court. "What did they get? Sorry - they got an opinion."
Lawyer Jack Woodward believes the ruling is far more than that. Hired to represent the Xeni Gwet'in at the outset of the logging conflict, he recalled taking Mr. Setah's affidavit, through a Tsilhqot'in interpreter, while the pair sat on a tree stump in the Nemiah Valley in the fall of 1989.
"He knew and I knew that you can't trap in areas that were clear-cut, but nobody had ever tried to prove that before. The case started as an environmental concern and the sleeper in this judgment is, it's an astonishing environmental decision."
The province certainly won't concede his view at this point, but it's clear Judge Vickers has posed a challenge to the province. If provincial forestry law cannot obstruct native rights to hunt and fish, Mr. Woodward argued, it means environmental values will take on far more importance in B.C.'s forests.
"This is the decision that might save the boreal forest," he said. "It's fabulous for the Tsilhqot'in people but it's even more fabulous for the environment."
Cases that paved the way
The Supreme Court of Canada first acknowledged the existence of aboriginal title as a concept in Canadian common law in 1973 in a landmark decision known as the Calder case, which arose from the Nisga'a claim to traditional lands.
But until now, no court has applied title to a specific parcel of land.
Here are some of the key court rulings since then that paved the way to this week's B.C. Supreme Court decision in the William case.
JAMES BAY CREE, 1973
In this case, the Quebec Superior Court ruled in favour the James Bay Crees' bid to stop a hydroelectric project they said would flood their traditional lands. The court accepted that the Crees had occupied and used the land. The Quebec Court of Appeal reversed the decision in 1974, but the conflict led to a negotiated treaty.DELGAMUUKW, 1997
The key springboard for the William case is the 1997 Delgamuukw decision. In that case, the Gitxsan and Wet'suwet'en claimed traditional territory in B.C., arguing that their aboriginal rights and title had not been extinguished. The court defined aboriginal title in the Delgamuukw case as "the right to exclusive use and occupation of land." It also established that aboriginal title is a right protected under the Constitution and that title lands must not be used in a way that is irreconcilable with the nature of the group's attachment to the land.
MARSHALL, 1999
In the Marshall decision, the courts gave aboriginals access to the commercial fishery in Atlantic Canada.
BERNARD AND MARSHALL, 2005
In seeking to extend the rights laid out in the 1999 Marshall case to logging, aboriginal groups were dealt a setback in the 2005 Bernard and Marshall cases. Those cases involved two members of the Mi'kmaq First Nation charged with illegally harvesting timber on Crown land. The Supreme Court of Canada unanimously found against the Mi'kmaq in New Brunswick and Nova Scotia, and established a legal test for establishing aboriginal title. The Crown relied heavily on these cases in fighting the William case.
Justine Hunter B.C. urban treaty gets royal assent and now moves to Ottawa for last vote3 days ago
VICTORIA - British Columbia's landmark Tsawwassen First Nations treaty is on its way to Ottawa for ratification after gaining royal assent in the provincial legislature Thursday.
Tsawwassen Chief Kim Baird was in the public gallery to see history being made by the province's first aboriginal Lieutenant Governor, Steven Point.
Dubbed the province's first "urban" treaty, it covers less than 400 people south of Vancouver.
It includes provisions for self government, a cash payment of nearly $14 million and more than 700 hectares of land, some of which has been taken from B.C's agricultural land reserve.
Baird is confident the Tsawwassen treaty will be tabled in the House of Commons for a final thumbs up before Christmas.
On Wednesday, a second aboriginal treaty was tabled in the B.C. legislature - it covers several First Nation bands on Vancouver Island collectively known as the Maa-nulth. November 23 Local Leaders To Celebrate Treaty With Maa-nulth
Published Date: 2007/11/20 0:10:00Article ID : 3047 Version 1.00 By Keven Drews
Alberni-Clayoquot communities will be well represented in Victoria when the Liberal government introduces the Maa-nulth Treaty in the legislature Wednesday. The five Maa-nulth nations have invited local mayors and municipal councillors to be a part of the historic event. Ucluelet Mayor Dianne St. Jacques said she will attend the ceremonies with Coun. Eric Russcher. “It’s history making,” said St. Jacques. “We want to be there to support our neighbours.” On Oct. 21, the five Maa-nulth nations – Ucluelet, Toquaht, Uchucklesaht, Kyuquot and Huu-ay-aht – ratified a treaty that will give them a capital transfer of $73.1-million, annual resource royalty payments averaging $1.2-million for 25 years and a land transfer of approximately 245 square kilometres. The treaty will be introduced to the legislature as a bill Wednesday. Chief Coun. Robert Dennis, of the Huu-ay-aht First Nation, said his band has invited officials from the Alberni-Clayoquot Regional District. “We have approximately anywhere from 55-70 people going down,” he said. “I would say there’s a lot of excitement. People are doing a lot of things to prepare.” The Huu-ay-aht, said Dennis, have been working hard to build relationships with local communities during the treaty process. “This treaty is icing on the cake for all that work.” Bob Harper, ACRD administrator, said the Maa-nulth have invited St. Jacques, Mayor John Fraser, Tofino, and Mayor Ken McRae, Port Alberni, to the event. They have also invited ACRD board chair Hira Chopra, Tony Bennett, director for Long Beach, Area C, and Stefan Ochman, director for Bamfield, Area A. St. Jacques said celebrations will begin at 10:30 a.m. at the Empress Hotel. A procession will then walk to the legislature. A reception will take place in the late afternoon and early evening.
Keven.drews@westcoaster.ca Treaty, environment bill top B.C. agendaThe Canadian Press
November 19, 2007 at 8:27 AM EST
VICTORIA — Legislation aimed at ratifying another First Nations treaty and a bill to combat global warming are expected this week as the B.C. legislature resumes its fall sitting.
Both the Liberal and New Democratic parties are expected to vote quickly in favour of ratifying the Maa-nulth treaty, a $100-million deal involving the transfer of 240 square kilometres to five Vancouver Island First Nations.
MLA's will also get their first look at the legislated greenhouse-gas-reduction targets needed to reach Premier Gordon Campbell's goal of a 33-per-cent reduction by 2020.
The bill is expected to give the B.C. government until the end of next year to establish legally binding reduction targets that take effect in 2012 and 2016.
Opposition Leader Carole James said that if it's such a big priority for the Liberals, they should have tabled the legislation at the beginning of the fall sitting, not during the last two weeks.
Legislation requiring B.C. to adopt California tailpipe-emission standards, regulations for low carbon fuels and support for a so-called cap-and-trade system for carbon credits will not be introduced until the spring. First Nation ruling could send 'ripples' through treaty dealsJonathan Fowlie and Gordon Hamilton, CanWest News Service Published: Thursday, November 22, 2007
VANCOUVER . In a landmark decision, the B.C. Supreme Court has found that a native band has proven its aboriginal title to about 2,000 square kilometres of land in the B.C. interior.
But Justice David Vickers stopped short of giving the Tsilhqot'in First Nation full ownership of the area, because their request was too broad.
"The court is not able, in the context of these proceedings, to make a declaration of Tsilhqot'in aboriginal title," wrote Judge Vickers, adding that, in his opinion, such title does exist.
The decision means the band maintains hunting and trapping rights on the land, but will have to enter negotiations if they want full ownership.
"I feel we didn't lose," said Chief Roger William, who filed the claim 17 years ago on behalf of all members of the Tsilhqot'in First Nation. "I'm falling short of saying 'win' because of declaration of title," he added. "At the same time, we still are able to control and make decisions and benefit from our lands."
Mr. William's lawyer, Jack Woodward, said the judge stopped short of transferring title because of a technicality, and that the ruling essentially tells the governments to hand over the land.
"It's a breathtaking victory for First Nations and will change the way the Crown deals with First Nations in British Columbia and across Canada," Mr. Woodward said, adding the case will send ripples though all treaty negotiations in the country.
Judge Vickers also concluded the province has unjustifiably infringed on aboriginal rights by authorizing logging in the area without first doing preliminary research. The B.C. Council of Forest Industries had no comment. Both forest companies with licenses in the area said they were still digesting the ruling. Tsawwassen band chief seeks Delta partnershipKim Baird reaches out to the neighbours to benefit both communities Scott Simpson, Vancouver Sun Published: Thursday, November 22, 2007 "This isn't just for Tsawwassen First Nation as a collective. There are individuals that are interested in developing lands but there are also individuals who are entrepreneurs as well.
"These are all part of our planning that we have to think about, to help facilitate opportunities."
Baird described the Tsawwassen's location as ideal for economic development.
"We have a very good location, ocean frontage, beautiful views. We are the first stop for Vancouver Island travellers. We are the first stop for [Deltaport] industrial traffic. Our lands are surrounded by port causeway and port traffic. It will bring business as well.
"We will need partners. I think the future is bright for both Tsawwassen and Delta. Our plan is to integrate and become increasingly engaged in the regional economy and as we grow our members will become active consumers and entrepreneurs and we need access to skills and experience."
Baird said chamber president Maria DeVries has suggested the two communities could form a good partnership as the band taps into the Delta community's business expertise.
There was strong representation at the luncheon from the Port of Vancouver, railways, shipping terminals and other businesses associated with the port, but DeVries noted that 90 per cent of chamber members are small, independent entrepreneurs.
Baird said the Tsawwassen will "need access to capital resources, better transportation linkages and that type of thing. We offer access to a growing market for Delta and the Delta business community and new business and entrepreneurial partnership with our members as well."
In order for the treaty to succeed, Baird said, the Tsawwassen will need a strong partnership with their neighbours.
"Keep us in mind for future business expansions and look for business opportunities with us as we proceed with planning. Let's all work together to make the treaty benefit all Delta residents."
In an interview after her speech, Baird noted that the band's location is a "very strategic position, politically and physically" to B.C.'s multi-billion-dollar Gateway port and transportation project, to the benefit of the entire region.
Baird noted that the Port of Vancouver has been one of the band's strongest supporters, but said in an interview that the Tsawwassen "are very concerned about how this gets approached and we've made it no secret with the port or the potential proponents of the next phase of the expansion. We've been very candid about that. We've been the community impacted the most by current operations, so we really do want to think carefully about how we proceed in any venture."
ssimpson@png.canwest.com |
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