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March 31 Treaty Process Slow, Says Haggardhttp://www.westcoaster.ca/modules/AMS/article.php?storyid=3747
Published Date: 2008/2/29 0:10:00Article ID : 3747 Version 1.00 By Scott Sutherland The Canadian Press
VICTORIA – In the face of rising criticism on the slow pace of land claims in British Columbia, the chairs have been shuffled at the B.C. Treaty Commission. Again. In a surprise announcement Tuesday, Dave Haggard, the outspoken former president of the powerful Industrial, Wood and Allied Workers union, was appointed the new provincial representative to the commission. In December, the federal government appointed Jerry Lampert, long-time president and CEO of the Business Council of British Columbia, as its representative on the five-member panel. Haggard, whose mother was a member of the Chu Chua band outside Barriere, B.C., candidly acknowledged that frustrations are building over the lagging pace of negotiations. “The process is slow for aboriginal people,” he said. “Between fighting in the courts and at the negotiating table, I think their patience is running out in many cases (making) the challenge even larger.” He said his goal is to help make things start to happen at negotiating tables in B.C., and he isn’t interested if that can’t be accomplished. “If we’re not successful in moving treaties forward then I won’t stay for very long,” Haggard told reporters. “I’m not one that has a lot of patience for things not to be accomplished.” Haggard said there are plenty of challenges but overall he’s hopeful that he can be of service to the commission, which has been buoyed by the ratification of two treaties last year. Negotiations are active on another 40 claims in the province. Jack Weisgerber, a former Native Affairs minister in the Social Credit era who had been acting as chief commissioner for six years, said Thursday that no one had anticipated the amount of time it would take to reach final treaty agreements in British Columbia. “I figured it would take about five years,” he said. “But here we are, 15 years later with only two treaties, the Tsawwassen (south of Vancouver) and the Maa-nulth (on Vancouver Island) signed and passed in the legislature.” Weisgerber blamed past governments of all political stripes. “We could have negotiated treaties 150 years ago, or 120 years ago, or 100, or 75. But we didn’t and we’re all paying for that now,” he said. The First Nations Summit, which represents bands involved in the negotiation process, sent out a statement welcoming Haggard’s appointment. “The role of the (commission) is important to those First Nations who are striving to negotiate fair, equitable and just treaties,” Chief Judith Sayers said in the statement. She said it’s important that “strong individuals” like Haggard uphold the commission’s mandate. Haggard said his union skills will be a good fit for the commission. “I think I bring negotiating skills, I think I bring skills that bring people together,” said Haggard, who also served as vice-president of both the Canadian Labour Congress and the B.C. Federation of Labour. The B.C. Treaty Commission was established in 1992 to facilitate settlement of native land claims in the westernmost province, where unlike most other provinces, lands were never legally ceded by First Nations. Haggard side-stepped a question about the numerous disputes between neighbouring B.C. First Nations on overlapping ancestral territories and Aboriginal Affairs Minister Mike de Jong stepped in. “In his first five minutes on the job, let’s let Dave get his feet wet, shall we.”
Upper Pitt decision comes after 1,000-plus opponents pack meeting
Upper Pitt decision comes after 1,000-plus opponents pack meeting Scott Simpson, with a file from Derrick Penner, Vancouver Sun, Vancouver Sun Published: Thursday, March 27, 2008 An independent power company's controversial proposal to run a transmission line through Pinecone Burke Provincial Park came to an abrupt halt Wednesday when Environment Minister Barry Penner announced he is rejecting it outright.
Penner's decision came a day after more than 1,000 people jammed a public meeting in Pitt Meadows to voice their opposition to the proposal by Run of River Power. It wants to connect seven small hydro projects in the Upper Pitt River Valley to BC Hydro's provincial electricity grid via a power line through the park, but Penner made it clear no line will be built in the park.
Project opponents were cautiously pleased by Penner's decision, while the proponents expressed "shock" he had acted in advance of an April 2 deadline for a government decision.
Penner's decision may kill the project -- it could effectively strand the Upper Pitt hydro projects -- although Run of River president and chief executive officer Jako Krushnisky said he still believes the projected $350-million enterprise is viable.
The Upper Pitt area is bounded to the east, west and north by provincial parks, and to the south by the rugged fiord of Pitt Lake, the world's largest tidal lake.
Run of River's parent company, Northwest Cascade Power, stated last year in documents submitted to the government that "there is no feasible alternative to avoid a park crossing, and as such, the project will not proceed without a park boundary adjustment."
The company was proposing a 4.6-kilometre transmission line that would have cut Pinecone into two pieces.
Run of River still requires an environmental approval certificate from the province before it can commence construction of its hydroelectric projects in the Upper Pitt -- and more importantly, it must obtain a power sales agreement with BC Hydro in order to sell the power it proposes to generate.
Earlier this week, the proposed Upper Pitt projects were portrayed by the Outdoor Recreation Council of B.C., a mainstream environmental group with more than 100,000 members, as the biggest threat currently facing any river in the province.
Penner made the decision after a briefing with BC Parks staff Wednesday morning.
"The bottom line is that I won't be recommending this [park] boundary amendment to my cabinet colleagues or to the legislature," he said in an interview.
B.C. does need to develop new sources of electricity, and the province will examine each application to supply it carefully.
"But that doesn't mean we will approve every single project," Penner said.
Public opposition to the Run of River project was a factor, he said. He added BC Parks staff had concerns about impacts to wildlife values along the power-line corridor that hadn't been answered by Run of River.
Penner added the Squamish First Nation, whose territory touches the western end of the proposed power line, opposed it and the Katzie First Nation had not expressed an opinion.
But the chief treaty negotiator for the Katzie First Nation disagreed.
Noting Pinecone Burke park is within traditional Katzie territory, negotiator Debbie Miller said the Katzie signed a letter of intent several months ago to work on the project with Run of River. In fact, Miller said in a telephone interview that the Katzie are in advanced treaty negotiations with government and have long since made clear the extent of their traditional territory.
"We are not willing to idly sit by and allow a minister or a government to ... make a unilateral decision," Miller said.
Krushnisky also voiced disappointment at learning of the minister's decision via the media rather than from the province.
"I'm more than disappointed, I'm shocked at the process, shocked that the minister would short-circuit his own process," Krushnisky said. "This morning, members of our own team were talking with park staff about what would go into the recommendations to the minister."
One of the project's leading opponents, BC Citizens for Public Power executive-director Melissa Davis, was cautiously pleased by the decision, noting that the group remains concerned about the province's preference for private development of new electricity resources.
"The B.C. government still intends to move full-steam ahead on an energy plan that will have 40 per cent of our energy needs met by private power projects by 2020."
Elaine Golds, vice-president of Burke Mountain Naturalists, was similarly cautious.
"It makes no sense to start pulling parks apart to build transmission lines," Golds said. "But it's unclear what happens with the project at this point."
B.C. energy sector critic David Austin said Run of River's project site on the Upper Pitt may prove too remote to be economic.
ssimpson@png.canwest.com Upper Pitt River plan appears to be dead in the waterhttp://www.theglobeandmail.com/servlet/story/LAC.20080327.BCPITT27/TPStory/National
ELECTRICITY
Environment Minister quashes green-power generation proposal in face of public uproar over environmental-impact concerns IAN BAILEY
March 27, 2008
VANCOUVER -- A public meeting that drew 1,000 people furious about a private-sector proposal to build a green-power project on the Upper Pitt River may have been the breaking point for the province's support for the controversial plan.
B.C. Environment Minister Barry Penner abruptly announced yesterday that the province was pulling the plug on its backing for a proposal by Northwest Cascade Power Ltd. to make adjustments to Pinecone Burke Provincial Park necessary for the project.
Mr. Penner's decision leaves the company with few options for carrying on the project, although its proponents refused yesterday to say it is dead.
B.C. is aiming to be electricity self-sufficient by 2016, and this was touted as a green effort that would generate enough electricity for 55,000 homes a year. The plan would have involved the construction of seven weirs on creeks feeding the Upper Pitt River, and the company would have had to acquire land in the park for a transmission line.
But it also prompted a maelstrom of criticism focused on its impact on the environment, including salmon and wildlife, that caught the attention of the minister, a former parks ranger.
Mr. Penner said yesterday he would not recommend to cabinet or the legislature that the company's proposal to adjust the boundaries of the park be accepted because it did not meet criteria in the Provincial Park Boundary Adjustment Policy.
"I've said all along this project had very high hurdles to clear, and it wasn't at all obvious that it would necessarily get approval," Mr. Penner said.
The minister said he made his decision after meeting with B.C. Parks staff the morning after crowds descended on the secondary-school gym in Pitt Meadows, about 40 kilometres east of Vancouver, on Tuesday night to slam the project. So many turned up for the last in a series of public meetings on the project that crowds had to be turned away. Participants heckled company staff.
Mr. Penner linked his sudden ruling to factors including the environmental impact, lukewarm support from municipalities, and the government's assessment of the project's economic and social benefits.
But he said he was mindful of public views.
"I've had several hundred letters and e-mails, very, very few in favour," he said. "Then you look at the public meetings. I think, last night, not a single person spoke in favour."
Earlier this week, the Outdoor Recreation Council of B.C. listed the Upper Pitt River as the most endangered river in the province this year because of the proposed power project.
Mr. Penner said B.C. remains hungry for clean power - within limits. The province is a net importer of electricity, so it is encouraging private-sector efforts to develop hydro projects
"Our government's commitment is to become electricity self-sufficient, but that doesn't mean every single project will be approved," Mr. Penner said. "They have to pass environmental scrutiny."
The decision was so abrupt that members of the Katzie First Nations, who support the project, said they did not know about it, even though they met yesterday morning with parks staff. They said they were told at the meeting to provide submissions on the proposal by April 2.
"That's outrageous," said Debbie Miller, chief negotiator for the community of 464 people.
Jako Krushnisky, president and CEO of Run of River Power Inc., whose subsidiary Northwest Cascade Power was developing the project, also complained about hearing about the government's decision on the noon-hour news yesterday.
"It appears the process has been short-circuited," he said.
Mr. Penner noted that his deputy minister tried to reach Mr. Krushnisky yesterday morning ahead of the announcement, but a secretary said the executive was in a meeting and could not be disturbed.
Mr. Krushnisky said he was not sure what the company would do now.
"We're going to continue to consider our options as to how we proceed," he said. "We think the project remains a valid way for the province to meet its energy objectives of being energy self-sufficient." B.C. minister backtracks on park hydro projecthttp://www.nationalpost.com/news/canada/story.html?id=405650
Upper Pitt River; 'He folded faster than Superman on laundry day'
Joseph Brean, National Post, with files from Canwest News Service Published: Friday, March 28, 2008
Story tools presented by
Source: Cloudworks Energy Inc. KAGAN McLEOD, NATIONAL POSTPlug Pulled On Power Plan Protests about park destruction forces B.C. to back down from "Run of the River" project AFFECTED AREA Garibaldi Provincial Park Pitt River "RUN OF THE RIVER" HYDRO PROJECT . ... Barry Penner, British Columbia's Environment Minister, spent Wednesday morning defending a plan to build a series of hydro-power installations along creeks that feed into the Upper Pitt River, a plan that would require running transmission lines through a popular new provincial park just beyond the Vancouver suburbs.
Later that day, however, having tried and failed to reach the president of the small private hydro company behind the plan, and with a week still to go in the government's consultation process, he announced that the plan was dead, citing public opposition as a major factor.
As Michael Smyth, columnist for the Province put it, "he folded faster than Superman on laundry day."
The about-face, which came a day after 1,000 people gathered in a school gym near the provincial park, shows the powerful effect of public opinion in swaying government projects. Joe Foy of the Western Canada Wilderness Committee said his group was "deliriously happy."
But critics worry the about-face has emboldened environmental protesters in a province starving for new energy sources, showing that they can veto any proposal they dislike simply by packing into a community hall.
Public disapproval was not unanimous. The announcement surprised members of the Katzie First Nation, who are supportive of the hydro plan, because they have signed a memorandum of understanding with the province giving them the right to plan future development in the area, including the recently created Pinecone Burke Provincial Park.
The plan would seem to fit with British Columbia's progressive energy policy.
The province is a net importer of electricity, much of it from coal-fired plants, and will need to generate an additional 30,000 gigawatt hours during the next 20 years to be self-sufficient, according to Ministry of Energy data.
The province aims to be self-sufficient in its power use by 2016, and aims to achieve that goal largely through private, green-power projects.
Using "run-of-the-river" technology, the plan was to build a series of weirs -- low dams that can overflow -- on eight creeks that feed the Upper Pitt River. Flowing water would create power by turning turbines.
Run of the river hydro power avoids damming, though energy production fluctuates according to natural water-flow levels, spiking in the spring, then dropping off. Other notable run of the river operations in Canada include the Saint-Maurice River in Quebec.
Jako Krushnisky, president of Run of River Power, noted that the spiking of the plan comes before the final deadline for submissions next week -- unusual for government consultations -- and said it circumvented the agreed process. Even still, he said the project is not yet completely dead.
The company had asked to adjust the boundaries of Pinecone Burke Provincial Park, removing 70 hectares to allow construction of transmission towers to reach the electrical grid at Squamish.
The plan would have provided more than 50,000 homes each year with green energy.
Before it was spiked, the plan was a key factor in the decision, last week, to name the Upper Pitt River as the most endangered in B.C. by the province's Outdoor Recreation Council.
March 27 B.C. government pulls plug on power lines through provincial parkhttp://www.canada.com/theprovince/news/story.html?id=c2f30a28-802f-4664-80e0-c061ee0fa59e&k=48369
By Damian Inwood, The Province Published: Thursday, March 27, 2008 The B.C. government has pulled the plug on a plan to run power lines through Pinecone Burke Provincial Park for a private power project on the Upper Pitt River.
In a surprise announcement yesterday, Environment Minister Barry Penner vetoed the removal of 21 hectares from the park near Coquitlam.
Opponents of the plan were celebrating "a great day."
But Jako Krushnisky, CEO of Run of River Power Inc., insisted the plan to build seven weirs on eight creeks that feed the Upper Pitt River is still very much alive.
Penner made his move after an outcry by 1,200 people who packed a meeting this week and after hearing from B.C. Parks staff about environmental impacts.
"Parks staff made it pretty clear to me that there were problems . . . and so, when I combine that with the result of the public feedback so far, it became pretty clear to me what I would end up deciding," Penner said.
He said he could have waited until the April 2 deadline for submissions for the project, but "in my mind it became pretty clear that I would not feel comfortable recommending this to my cabinet colleagues or to the legislature."
Krushnisky slammed Penner's "shocking" move, saying the minister had "short-circuited" his own ministry's process.
"The project is certainly very much alive," he said. "We are considering our options and are moving forward."
Debbie Miller, chief negotiator for the Katzie First Nation in Pitt Meadows, also blasted Penner's "unilateral" decision, saying her group had not been consulted prior to yesterday's veto.
Miller said the Katzie signed a memorandum of understanding in 1995 giving the band the right to plan future development in Pinecone Burke.
"What stops other ministers making unilateral decisions about any other process?" she said. "What we had today was fundamentally wrong."
Miller said the Katzie are actively involved in treaty talks with the B.C. government.
At the Western Canada Wilderness Committee's Vancouver office, a celebration was in full swing yesterday afternoon.
"We are just getting ready to pop the champagne," said spokesman Joe Foy. "We are deliriously happy. We want to congratulate the minister for making a good decision.
"Everyone from regular folks to fishers, hunters, loggers and tree huggers, they all came out and it's a great day."
Melissa Davis of Citizens for Public Power dubbed Penner's veto "a cautious victory," adding future private-power schemes will need to be fought on a case-by-case basis.
"Clearly the government has listened to the significant public opposition in this case," she said. "The B.C. government is still intent on moving ahead with its energy plan, and that energy plan calls for 40 per cent of new power being generated by private sources by 2020.
"Private companies have staked their claims on 500 rivers and creeks in this province."
Sandy LeMonnier of the High Creek Watershed Society was delighted by Penner's decision. "It goes to show that if a lot of people join together expressing their views, it makes a difference," she said.
Patti MacAhonic, executive-director of the B.C. Wildlife Federation, called the decision "a move in the right direction - and now let's hope the right choices are made regarding the project itself."
dinwood@png.canwest.com First Nations leaders speak out as treaty conference begins
Darren Bernhardt, TheStarPhoenix.com Published: Wednesday, March 26, 2008 SASKATOON - First Nations leaders vented centuries of frustration at the opening day of a historic treaty conference in Saskatoon with the Government of Canada.
Indian Affairs Minister Chuck Strahl promised to work toward resolving unfulfilled promises but predicted "there's going to be challenging moments" over the two-day Treaty Implementation Conference between Ottawa and the Assembly of First Nations (AFN).
The first-ever such meeting, entitled As Long as the Sun Shines, will bring together First Nations delegates from across the country, federal representatives and various experts to discuss key matters relating to the implementation of 70 historic treaties signed between 1701 and 1923.
"Treaties are solemn agreements that set out promises, obligations and benefits for both parties. The continuing treaty relationship provides a context of mutual rights and responsibilities that will ensure aboriginal and non-aboriginal people can together enjoy Canada's benefits," stated a joint release from the AFN, the federal government and the host Federation of Saskatchewan Indian Nations (FSIN).
Pleasantries were absent, however, during the event's opening remarks by AFN national Chief Phil Fontaine and FSIN Chief Lawrence Joseph.
"We come here hoping for no more grandstanding by the government. Let's get to work," Joseph said. "I'm too old for meetings, ladies and gentlemen. I'm tired of meetings, I'm tired of promises. I want this assembly to produce an action plan so our people don't have to wait anymore for those promises that are made many years ago and made with great faith, made with a mutual respect."
He spoke of the spirit and intent of the treaties and the trust that was ultimately violated as European settlement spread across the country.
"Because of the greed of the newcomers, Mother Earth is bleeding, Mother Earth is hurting, Mother Earth has been violated. Mother Earth needs to be respected and that's why the treaties were born," Joseph said. "Before contact (with Europeans) we had a perfect system. We had our own governance structures, there were no hospitals, no jails and women were in charge - well, they still are. There were no taxes, hardly any sickness, very little disease, no diabetes.
"But you know what, my friends, we had a crappy immigration policy. It's not too late to fix it. I hope those visitors that are here, from the government especially, you will walk with us, work with us, because we owe that to our children."
Fontaine lashed out at the federal government for jailing Chief Donny Morris and other members of Kitchenuhmaykoosib Inninuwug (KI), an aboriginal community in northern Ontario for refusing to allow mineral exploration on their traditional lands by a Toronto-based company.
A court order in October gave the company permission to drill but Morris and his band set up a protest camp at the exploration site. Last week the protesters, including a grandmother of seven, were sentenced to six months in a Thunder Bay jail for contempt.
"This is a shameful and serious matter," Fontaine said. "Quite clearly, this is a case where the federal and provincial governments failed to meet their legal duty to consult and accommodate First Nations interests prior to approving projects that significantly affect the lands and lives of First Nations citizens.
"Yet these same governments will protect private financial interests by jailing our people who defend their right. These decisions . . . criminalize legitimate descent and that reflects a lack of understanding or worse, contempt for aboriginal rights and Canadian law. This is why treaties matter."
Fontaine also berated Ottawa for not being a signatory to the United Nations Declaration on the Right of Indigenous People. Of 192 member states, all but four supported the declaration.
"One of those four, Australia, has now said it will endorse the declaration. This further isolates Canada on the international stage and only serves as a stain on Canada's international reputation," said Fontaine, who thanked Strahl for "being part of this very important and historic gathering" and said he meant no disrespect to him for the anger and frustration.
"Treaties are not simply contracts to us. They're not merely a real estate transaction. They are sacred agreements that are intended to guide our relationship as long as the sun shines and the rivers flow," Fontaine added. "The treaties weren't designed and negotiated to have one party impose its will on the other party . . . to have one party deprive the other of its rights and interests . . . or to have one party impoverish the other party. Unfortunately, that has been our history. So we have important work ahead of us here. We will be witness to some very important discussions."
Strahl spoke of the accomplishments the government has achieved over the past two years, including returning more than 200,000 acres of land to First Nations people, improving on-reserve education and drinking water, and the settlement agreement regarding Indian residential schools. The latter has already paid out $1.26 billion on 75,000 applications.
"The next two days provide a significant opportunity to maintain our momentum," he said. "We are here to share understandings, to find common ground and to renew our shared commitment to work together to realize the benefits envisioned in the treaty relationship. When we work in partnership good things happen."
Delegates and representatives will spend the majority of the conference in breakout sessions and workshops. Strahl and Fontaine are scheduled to provide closing comments Thursday afternoon.
dbernhardt@sp.canwest.com Aboriginals say alleged police plan to use force at protest threatens relationshttp://canadianpress.google.com/article/ALeqM5iA9f_Qq5RWUTt_YPYQOpOCnRTO9w
21 hours ago
TORONTO — An alleged plan by Ontario Provincial Police to break up a native protest with force and the recent incarceration of aboriginal leaders for protesting a mining site on their land are threatening the already fragile relationship between First Nations and governments, aboriginal leaders said Wednesday.
Representatives from several northern Ontario First Nation communities gathered in Toronto to speak out against the cases of seven aboriginal protesters - including a chief and deputy chief - who last week were handed six-month jail sentences for violating court orders and continuing protests against mining on their traditional lands.
The children of the jailed protesters will be without a parent for half a year, and the communities feel spurned by the Ontario government despite promises of a new, healthier relationship in the years ahead, said Chief Scott Jacob of the Webequie First Nation.
"The decision last week to incarcerate (aboriginal) leadership to me is not a respectful, meaningful relationship," he said.
"We're still hopeful that the province will do the right thing for our children and youth in our communities."
The Liberal government didn't want the protesters from the Kitchenuhmaykoosib Inninuwug (KI) First Nation to receive jail sentences and petitioned to the court on their behalf, but Premier Dalton McGuinty said he can't undo the court's decision.
"There's an independent judicial process," McGuinty said. "The result of that process is not something that is dictated, governed, influenced in any particular way by our government."
Aboriginal Affairs Minister Michael Bryant said the government has already offered $200,000 toward the protesters' legal fees and is willing to do more if they decide to appeal their convictions.
"There's no way that as long as they're incarcerated, we're going to be able to make much progress," Bryant said. "That's why we opposed in court their incarceration.
"I think we'd also be more than willing to bear the brunt of putting together the legal arguments for the appeal - but they have to launch the appeal."
But representatives from the KI First Nation and the Ardoch Algonquin First Nation made it clear in a letter to McGuinty they don't feel the government is on their side.
"The indifference shown by your government towards the rights of First Nation communities, and the imposition of long jail terms and crippling fines in the name of the 'rule of law' has further eroded respect for both the legal system and the government of Ontario in the eyes of First Nation people in this province," the letter reads.
The communities were even more distressed after hearing a media report that alleged Ontario Provincial Police Commissioner Julian Fantino told officers they should use force if necessary when facing protests during last June's aboriginal day of action. Mining industry wants certaintyhttp://www.bclocalnews.com/bc_north/ominecaexpress/news/16961256.htmlMarch 26, 2008 The mining industry would like see greater certainty in their relations with First Nations and local communities, according to Mining Association of B.C vice president of policy and communications Byng Giraud. The Carrier Sekani Tribal Council, Kaska Nation and Taku River Tlingit First Nation plan to host a mining summit in Prince George, Sept. 10 to 12. First Nations, industry and government agencies will be invited to the summit to create a list of standards for working with First Nations on mining projects. “I’ve heard about it informally. We’re always keen to do these things and meet with First Nations and government,” Giraud said. “First Nations are taking a stronger role. The reality is you can’t build a mine anywhere in the world... without community support. It is a paradigm shift. The challenge is the rules are different from place to place.” If enough players come to the conference, he said, it could be a real positive step for First Nations and the industry. “If they did a conference, it would be important that all major First Nations with mining exploration in their areas are represented. Each First Nation has a different approach to these things and all companies have different approaches,” Giraud said. “Things kept at a broad level is what we’d be able to do. I think whether it’s a local community or a First Nation... develop a set of rules for industry. “A road map that people can basically take to the bankers in New York will help give some certainty. Money gets more expensive, the more risk there is.” NovaGold’s proposed Galore Creek mine is an example of a project which resolved its issues with First Nations, but then couldn’t overcome financial and engineering hurdles, he said. Providing a fixed process to review projects and accept or reject them would give investors greater confidence investing in projects in an area. “Companies are operating under two sets of rules: the environmental assessment process and First Nations consultation. Whether they’re separate or together, we’d like a process.” There has not been a new metal mine in B.C. for over a decade, he added. The call for a summit on mining came on March 10, three days after the Canadian Environmental Assessment Agency rejected the controversial Kemess North gold/copper mine in Kwadacha, Takla and Tsay Keh Dene First Nations’ territory. Under the proposal, Northgate Minerals would have used Duncan Lake as a tailings storage pond – a move strongly opposed by local aboriginal groups. “We don’t have any immediate plans to propose the project under a different scope,” Northgate Minerals spokeswoman Keren Yun said. “We’ve definitely moved on. That decision was made following the decision of the joint review panel last September.” The company has focused on other projects, she said. The Kemess South mine – 430 km northwest of Prince George – currently employs 350 to 400 people. The copper-gold mine has reserves to continue operations until the end of 2011, Yun said. Kemess North would have used much of the same infrastructure and workforce from Kemess South, and would have extended operations to 2020. “We have a budget in 2008 to examine the area adjacent to the pit. If there is room to expand the mine, we’ll look at that before closing the operation.” The mining industry would like see greater certainty in their relations with First Nations and local communities, according to Mining Association of B.C vice president of policy and communications Byng Giraud. The Carrier Sekani Tribal Council, Kaska Nation and Taku River Tlingit First Nation plan to host a mining summit in Prince George, Sept. 10 to 12. First Nations, industry and government agencies will be invited to the summit to create a list of standards for working with First Nations on mining projects. “I’ve heard about it informally. We’re always keen to do these things and meet with First Nations and government,” Giraud said. “First Nations are taking a stronger role. The reality is you can’t build a mine anywhere in the world... without community support. It is a paradigm shift. The challenge is the rules are different from place to place.” If enough players come to the conference, he said, it could be a real positive step for First Nations and the industry. “If they did a conference, it would be important that all major First Nations with mining exploration in their areas are represented. Each First Nation has a different approach to these things and all companies have different approaches,” Giraud said. “Things kept at a broad level is what we’d be able to do. I think whether it’s a local community or a First Nation... develop a set of rules for industry. “A road map that people can basically take to the bankers in New York will help give some certainty. Money gets more expensive, the more risk there is.” NovaGold’s proposed Galore Creek mine is an example of a project which resolved its issues with First Nations, but then couldn’t overcome financial and engineering hurdles, he said. Providing a fixed process to review projects and accept or reject them would give investors greater confidence investing in projects in an area. “Companies are operating under two sets of rules: the environmental assessment process and First Nations consultation. Whether they’re separate or together, we’d like a process.” There has not been a new metal mine in B.C. for over a decade, he added. The call for a summit on mining came on March 10, three days after the Canadian Environmental Assessment Agency rejected the controversial Kemess North gold/copper mine in Kwadacha, Takla and Tsay Keh Dene First Nations’ territory. Under the proposal, Northgate Minerals would have used Duncan Lake as a tailings storage pond – a move strongly opposed by local aboriginal groups. “We don’t have any immediate plans to propose the project under a different scope,” Northgate Minerals spokeswoman Keren Yun said. “We’ve definitely moved on. That decision was made following the decision of the joint review panel last September.” The company has focused on other projects, she said. The Kemess South mine – 430 km northwest of Prince George – currently employs 350 to 400 people. The copper-gold mine has reserves to continue operations until the end of 2011, Yun said. Kemess North would have used much of the same infrastructure and workforce from Kemess South, and would have extended operations to 2020. “We have a budget in 2008 to examine the area adjacent to the pit. If there is room to expand the mine, we’ll look at that before closing the operation.” Minister Strahl, National Chief Fontaine and Chief Joseph Open First-Ever Treaty Implementation Conference in Saskatoonhttp://www.marketwire.com/mw/release.do?id=836558
INDIAN AND NORTHERN AFFAIRS CANADA Mar 26, 2008 13:05 ET SASKATOON, SASKATCHEWAN--(Marketwire - March 26, 2008) - The Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Metis and Non-Status Indians joined National Chief Phil Fontaine of the Assembly of First Nations (http://www.afn.ca/) (AFN) and Chief Lawrence Joseph of the Federation of Saskatchewan Indian Nations in Saskatoon (http://www.fsin.com/) today to attend the opening ceremonies of the AFN-Canada Treaty Implementation Conference.
"I am honoured to attend this historic event as this conference marks the first time that Elders, leaders and delegates from First Nations and government have gathered together to discuss these important issues," stated Minister Strahl. "Treaties are about strengthening relationships and provide the basis for forward looking partnership with First Nations. This conference is an opportunity to explore these important issues in a spirit of cooperation and look for common ground in moving forward together in order to build a better future for First Nations people."
"This is an incredibly important meeting for all First Nations in Canada. Treaties made between the Crown and First Nations are at the centre of our relationship with Canadians which is based on mutual respect and mutual recognition. Treaties are not relics of the past. Viewing treaties as 'living' agreements and implementing them fully is essential to achieving progress for us and Canadians. This conference provides an excellent opportunity to discuss how our treaties should be implemented in an effective and honourable fashion," National Chief Phil Fontaine said.
The unique two-day conference, entitled "As Long as the Sun Shines," brings together First Nation delegates from across the country, federal representatives and various experts to discuss key matters relating to the implementation of First Nation treaties in Canada. The focus of the discussions is to explore perspectives and opportunities to move forward on a common understanding for treaty implementation.
"Our intention is to develop a goal-oriented plan, through this conference, that is similar to the Specific Claims model that is currently in progress." Joseph says. "In this way, we can move forward on Treaty Implementation in a strategic way, based on mutual respect, that brings about real change", Chief Lawrence Joseph added.
Treaty rights are recognized and affirmed in section 35 of the Constitution Act, 1982. Canada recognizes 70 historic treaties signed between 1701 and 1923. The conference focuses on these treaties, which reflect the distinctive role of First Nations in Canadian history.
Treaties are solemn agreements that set out promises, obligations and benefits for both parties. The continuing treaty relationship provides a context of mutual rights and responsibilities that will ensure Aboriginal and non-Aboriginal people can together enjoy Canada's benefits.
News release (http://www.ainc-inac.gc.ca/) and Historic Treaty Map are also available on the Internet (http://atlas.nrcan.gc.ca/site/english/maps/archives/5thedition/historical/mcr4162/archivemap_view?maxwidth=400&maxheight=400&mode=navigator&upperleftx=0&upperlefty=0&lowerrightx=5360&lowerrighty=4704&mag=0.0625).
Aboriginal Canadian regains his U.S. green card in fight over native statushttp://canadianpress.google.com/article/ALeqM5hEGrJTr4VIztSdK015aYnil5gX8w
22 hours ago
VANCOUVER — A Canadian aboriginal who has spent months fighting with U.S. Customs for his treaty right to cross the border freely has been given an American green card once again.
But Peter Roberts' lawyer expects more First Nations will run into challenges at the border, despite a 200-year-old treaty granting free border access rights to North American aboriginals crossing into the United States.
Roberts, a Tsawwassen, B.C. dentist, invoked his Jay Treaty rights last year when border guards at the Point Roberts, B.C. border crossing questioned his status.
Roberts has fair skin and curly hair from his Ukrainian mother, but is also 50 per cent Campbell River Indian from his father.
Under the Jay Treaty, as long as a native can prove they have at least 50 per cent aboriginal blood, they have a right to cross the U.S.-Canadian border freely and live and work in the United States.
Roberts was due for a full hearing before an immigration judge Friday but his lawyer, Len Saunders, has been told Roberts has been allowed back as a permanent resident under a different green card designation.
During a hearing in January, a lawyer for U.S. Immigration and Customs Enforcement told the judge documents from Roberts' paternal grandmother submitted to immigration officials decades ago said her own father was Irish.
Saunders said U.S. government documents show Roberts was admitted originally in the 1960's not as a Jay Treaty green-card holder, but in another "obscure" category.
"In my mind there's really no difference," Saunders said.
"Unfortunately the whole Jay Treaty, American-Indian born in Canada, was not decided. We didn't concede anything, the government didn't concede anything."
Because North American aboriginals aren't considered immigrants, Jay Treaty natives don't need a green card, but they do qualify for a card.
Saunders predicts there will be many more such confrontations at U.S. border crossings.
"At some point in the future maybe these Jay Treaty claims will be litigated. But maybe this wasn't the case to do it," he said.
He wondered what will happen when new passport requirements are brought in in June, 2009.
"We'll if I'm First Nations and have a claim to Jay Treaty benefits, does that mean that I have to get a Canadian passport to enter the U.S.?" he asked.
"Are they going to make every First Nation person in Canada get a passport? I don't think they can - who's going to litigate that?" Saunders said.
An online publication by the American Indian Law Alliance based in New York gives advice, tips and rights to aboriginals on border crossing.
"Appearance can make a difference," the document states. "Our research shows that if you 'look Indian,' the (U.S. immigration)officer may require less documentation." B.C. minister says he won't support changing park boundary for power projecthttp://canadianpress.google.com/article/ALeqM5jSqtBhBY-36oZzkECv0LwJW-kHyQVANCOUVER — A planned power project on the Upper Pitt River in the Vancouver area appears dead in the water after widespread opposition led the province's environment minister to say he won't support it. Run of River Power Inc. wanted to generate electricity from the river and string a power line through Pinecone-Burke Provincial Park. But B.C. Environment Minister Barry Penner said Wednesday that concerns from parks staff, opposition from the Squamish First Nation and a huge public outcry mean he won't recommend legislation to change the boundary of the park, about 40 kilometres east of Vancouver. "I will not be bringing legislation to the legislature or to my colleagues seeking their support to change this park boundary," he said. Penner said without an adjustment to the park boundary, the project may essentially be dead because the company has said it can't go ahead without land from the park to build a transmission line and alternatives would be too expensive. Company chief executive Jaro Krushnisky said he was shocked at Penner's decision because it seemed so hasty after the minister said he'd be consulting with his staff. "The other thing that's extremely shocking is that the very First Nation folks whose territory where we were proposing to build these projects were not consulted (by the ministry)," Krushnisky said. "We have a letter of intent with the Katzie First Nation, we've been working with them for the last year-and-a-half, we've been consulting with them as co-managers of the very park where we proposed to put this power line through." The company built another project near Whistler in 2005 to supply electricity for 4,000 homes and isn't new to the process, Krushnisky said. "We believe these projects continue to be relevant to the province's objectives of green renewable electricity and we'll consider our options moving forward." But the project that was touted as generating enough electricity to power 55,000 homes each year with "green" energy has generated controversy from the start. On Tuesday, about 1,000 people rallied at a public hearing, saying construction of seven small power plants on the Upper Pitt River would destroy rich salmon stocks, and transmission lines through the park would create an eyesore and harm wildlife. Penner said the company knew from the beginning that it had a high regulatory burden because power projects are heavily scrutinized before they're approved. "Every small hydro project in B.C. has to go through about 52 different regulatory approvals," he said. "This one had an extra one - they wanted to amend a park boundary and so that was an extra regulatory hurdle for this thing to clear and I've decided today it's not clearing that hurdle." Penner, who has approved two wind-power projects in B.C., said the province imports coal-fired power from Alberta and the United States but wants to generate its own electricity without spewing greenhouse gas emissions. "We'd like to become self sufficient again but that doesn't mean we will approve every single clean energy project," he said. The Upper Pitt River topped the 2008 list of British Columbia's most endangered rivers in an annual list by the province's Outdoor Recreation Council. Joy Foy, spokesman for the Western Canada Wilderness Committee, applauded Penner's move on the project that he called a "disaster." "This company proposed to take all eight tributaries of the Upper Pitt River and put them in pipes totalling 30 kilometres in length to run them through a series of powerhouses," Foy said. "A number of those creeks would have landed directly on top of salmon habitat," he said, adding Run of River Power would also have needed to clear-cut several kilometres of forest through grizzly habitat. "It was a crazy, crazy project," he said. Foy said that since 2002, when the government stopped B.C. Hydro from developing smaller hydro projects, there's been a "gold rush" by private companies to stake the province's rivers and streams. "We're the only province in Canada that's undergoing this rapid conversion, this proliferation of private projects in a province where citizens generally believe it's public power out there," Foy said. A report commissioned last year by B.C. Hydro states that with a little conservation, the province's power needs would not be any higher in 2027, Foy said. He said any claims by the government or private companies that B.C.'s power needs are increasing are false. "That is a fallacy that's being foisted on us to make us more wanting to accept this rush to private power." British Columbia currently has 35 private hydro projects, all of them involving river diversions that could affect wildlife and fish habitat, Foy said. "Not all of them are in places where a thousand people might come out to a public meeting.”
March 26 Public offered update on Sto:lo treaty talkshttp://www.bclocalnews.com/fraser_valley/theprogress/news/16997156.htmlBy Robert Freeman - Chilliwack Progress - March 25, 2008The first public meeting in the renewed treaty talks with the Sto:lo Nation will be held next week at Tzeachten Community Hall in Chilliwack. Chief Joe Hall, Sto:lo Nation president and a treaty negotiator, says the meeting will hopefully clear up some of the confusion in both aboriginal and non-aboriginal communities about the treaty talks. “We want to get the message out,” he says, and bring both communities up to speed on the state of negotiations and some of the current topics. “It’s been too long to learn about where we’re at,” he says. Part of the confusion stems from the fact there are now two Sto:lo political groups, the Sto:lo Nation and the Sto:lo Tribal Council. Treaty talks were suspended in 2004 when the Sto:lo government split into the two groups. The nine bands in the Sto:lo Tribal Council have not returned to the treaty table. Only seven of the 11 bands in the Sto:lo Nation are in the treaty talks now. Hall says those seven bands decided to resume treaty talks about two years ago, and with only a slightly modified statement of intent are now back to stage four of the six-stage BC Treaty Process. The Sto:lo Xwexwilmexw Treaty Association was created to handle negotiations for the seven First Nations. Hall says the meeting next Monday was called “to ensure that not just our community members are informed of what we’re doing, but the non-aboriginal community too. It’s equally important they know what we’re doing.” Arne Zabel, chair of the Fraser Valley Treaty Advisory Committee, says treaty talks will lead to “a better understanding of our neighbours” in First Nations communities. “I’d encourage everyone to attend and hear about what’s happening in the neighbourhood,” he says. Chilliwack Coun. Sharon Gaetz, one of the city’s representatives on the FVTAC, says provincial negotiators report to the committee about what kind of issues the Sto:lo are putting on the treaty table. “We raise red flags where they need to be raised,” she says. Local governments do not have an official position at the treaty table, but are represented by the provincial negotiators. Gaetz says treaties are “absolutely imperative” for the economic development planning of both communities. “We don’t want one part of our community to be left out,” she says. There are also past injustices done to the Sto:lo that need to be put right. “We’ve got to make some wrongs right,” Gaetz says. “There were some things done to the Sto:lo that were not right, I’m sure most citizens would agree.” Hall says the “foundation” of treaty talks for the Sto:lo is their culture and heritage “because it affects everything in a treaty agreement.” “We hope people will come out (to the meeting) and ask questions and learn more about what’s happening in their backyards,” he says. The March 31 meeting starts at 7 p.m. at the Tzeachten Community Hall at 45855 Promontory Road.
‘Healing’ village a dream come true for Chief Mallowayhttp://www.bclocalnews.com/fraser_valley/theprogress/news/16768086.html
By Robert Freeman - Chilliwack Progress - March 18, 2008
A healing centre for aboriginal people in a traditional village setting was a lifelong dream for Chief Frank Malloway, chairman of the Ch-ihl-kway-uhk Tribe Society.
On Friday, in the gymnasium of the former Centre Creek youth detention camp in the Chilliwack River Valley, the dream came true as B.C. Premier Gordon Campbell announced the 13-hectare site and $3-million would be turned over to the society for development of the Stehiyaq Healing and Wellness Village.
“Nobody pinch me,” an emotional Chief Malloway said to the crowd of 260 native people and government VIPs. “It seems like a dream.”
Two years ago, the society had offered to buy the site outright, along with the former Mt.Thurston prison camp nearby, to avoid lengthy land claim negotiations.
But earlier this year the B.C. government decided not to sell the Centre Creek property and return the ownership to the Ch-ihl-kway-uhk Tribe.
Tzeachten Councillor Ken Malloway said the announcement finally gives him something to celebrate during the 150th anniversary of British Columbia.
“The government is doing the right thing here, and nobody is making them do it,” he said. “At long last we truly have friends in Victoria who don’t give us just lip service.”
Premier Campbell, swathed in the traditional red blanket of leadership, said the village will be a place for “restoration of hope and understanding and a sense of pride in oneself.”
It will also be “a first step to healing the wounds that have been created in the past,” he said, and lead to “a healthier community for all of us to live in.”
“Providing support and love is the true route to reconciliation,” he said.
Mike De Jong, B.C.’s minister of aboriginal relations and reconciliation, said “reconciliation is not a single event, it is a journey we take one step at a time.”
The village will have 28 beds and accommodate 32 people, including staff. The residents will have access to counselling, kitchen and dining facilities, indoor and outdoor recreation and healing space. It is scheduled to open in October.
The $3-million will be used to renovate the six buildings of the former youth detention centre. Big crowd protests Upper Pitt power projecthttp://www.canada.com/vancouversun/news/story.html?id=657dbc60-4460-4301-9ec6-d29a5df14328&k=28941
Kelly Sinoski, Vancouver Sun Published: Wednesday, March 26, 2008 METRO VANCOUVER -- More than 1,000 people packed a Pitt Meadows high school Tuesday to protest a proposed industrial-scale power project on the Upper Pitt River system.
A lineup of politicians, fishermen and first nations chiefs snaked out through the door as they waited to speak against the project by Run of River Power.
Others, like Shawn Kelly, 40, a descendant of the Katzie First Nations who has fished the Upper Pitt for 15 years, stood at the back of the gym and listened to the pleas to protect the fish and wildlife-rich Upper Pitt River and Pinecone Burke Provincial Park.
During the night, the crowd often roared, stomped, whistled and gave a standing ovation to the speakers, who urged the crowd to fight for the province's rivers and streams.
"You have to show up and stand up for your rights," Kelly said. "It's just a pristine area, it's so beautiful."
Run of River is proposing to create a complex of seven power-generating stations on tributaries of the Upper Pitt.
The Upper Pitt project also requires construction through Pinecone Burke Provincial Park of a 4.6-kilometre long voltage power line in a 46-metre-wide right-of-way clearing.
NDP leader Carole James told the meeting that rivers across B.C. must be protected.
"This is more than just the Pitt - this is an issue of protecting what matters to us as a province," she said.
ksinoski@png.canwest.com
Aboriginal participation key to Vancouver 2010 Olympics and Paralympicshttp://www.chinadaily.com.cn/olympics/2008-03/25/content_6564473.htm
The Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (VANOC) will have unprecedented Aboriginal participation in the planning and hosting of the Winter Games through the development of strong relationships with First Nations peoples across Canada. For the first time in Olympic Games history, an organizing committee has recognized indigenous peoples as official partners in the Games. The 2010 Winter Games will be held on traditional and shared traditional territories of the Lil'wat, Musqueam, Squamish and Tsleil-Waututh First Nations - known collectively as the Four Host First Nations. The Vancouver 2010 bid for the Winter Games recognized early on that having the support and active participation of these Nations would create lasting legacies for these communities. The International Olympic Committee recognized this relationship as an important factor in Vancouver's winning bid. Since then, VANOC has remained committed to recognizing and respecting the Four Host First Nations and directly involving them in key aspects of Games planning and legacies. "The Four Host First Nations plays an essential role in the Games planning, and their participation in the whole process from planning to hosting is a goal for VANOC to achieve," said Gary Youngman, VANOC consulting director of Aborignal participation. VANOC works with partners such as the Four Host First Nations Secretariat, Government of Canada, Province of British Columbia, City of Vancouver, Resort Municipality of Whistler, 2010 Legacies Now, as well as local and national Aboriginal groups in the planning and delivery of many programs. Together, they are working to maximize opportunities for Aboriginal people in five key areas: partnerships and collaboration, sport and youth, economic development, cultural involvement, as well as awareness and education. Culturally this will involve celebrating and promoting Aboriginal history, arts, culture and languages on the world stage; and economically, there will be opportunities for Aboriginal peoples and businesses through Games-related procurement, tourism, branding, employment and training. VANOC is responsible for the planning, organizing, financing and staging of the XXI Olympic Winter Games and the X Paralympic Winter Games in 2010. The 2010 Olympic Winter Games will be staged in Vancouver and Whistler from February 12 to 28, 2010. Whistler will host the Paralympic Winter Games from March 12 to 21, 2010.
First Nations protesters demand to know location of residential school graveshttp://canadianpress.google.com/article/ALeqM5iKDBa_-D5Z_pH4iz70CpjpIK5qow2 days agoVANCOUVER — Two dozen First Nations protesters rallied outside Easter services at Vancouver's Roman Catholic cathedral on Sunday demanding to know where the bodies of children who died in residential schools are located. Friends and Family of the Disappeared served the church with an eviction notice in a similar protest on March 16. Now, the group says the church is a squatter because the deadline to vacate was last Wednesday. Spokesman Kevin Annett said Sunday's protest was designed to draw attention to the plight of children who were forced into both Catholic and Protestant residential schools. "It's time the Catholic church pulled their head out of the sand and responded to the victims and the things people are asking for ... a return of the children who died, their remains, and an identification of who's responsible," Annett said. "As they would do for anybody." He claimed there are mass graves of children. Rick Lavallie said his brother was killed in a Portage la Prairie, Man. residential school. "I was only four years old and they killed my brother when he was five years old with a cattle prod and whip," Lavallie said. "It still makes me sad and this is why I want this church to apologize to us the right way. "I was raped too, burned in the fingers. Tortured, hit in the head with a cattle prod. This was Catholic priests" he said. "They should pay all of us residential school survivors money for this but they're not going to." The protest was not without incident. Police had to remove three protesters from the church. In a written appeal handed out on the cathedral steps, the group asked parish members to withhold financial contributions from the church until it begins to deal with the situation. "It is time for Archbishop (Raymond) Roussin to acknowledge what he knows is true and to work with us to start healing the wounds and deaths caused by both Protestant and Catholic churches in our country," the statement said. No one from the archdiocese could be reached for comment. However, in the March 17 edition of B.C. Catholic online, the bishop is quoted as apologizing. Roussin noted in his remarks that five residential schools were operated by others within the archdiocese's territory over the years, with positive as well as tragic results. None was operated by the diocese, he said. He called the system "deeply flawed." "Removing children from their culture and their families is a profound moral concern," the archbishop said. "It is especially painful to know that some children suffered sexual and physical abuse at the hands of their teachers and caregivers. "As archbishop of Vancouver, I express my deep regret and I apologize for any wrongs committed here." Parishioners, for the most part, hurried past the protesters on Sunday. Some took leaflets. "The faithful should not be bothered," said one woman, indicating church leaders should deal with it. A visitor from Texas to the cathedral said the protesters had every right to their protest. "I imagine most people will walk past (the protest)," Pam O'Toole said. "You feel bad for what happened. I didn't do it." Annett said only a handful of those responsible have had to defend their actions in court. "We think there has to be more pressure put on the government and the churches to do the right thing here." Similar protests have taken place across the country in the past few weeks against Catholic, Anglican and United churches. The group's demands include the churches withdrawing from all aboriginal territories and surrendering their buildings to hereditary chiefs. They also want the churches to identify the burial places of all children who died in residential schools and hospitals. The schools, which opened in 1840, were a hotbed of physical and sexual abuse and illness. The students were between seven and 16 years old. In 1998, the federal government issued an apology, citing "attitudes of racial and cultural superiority which led to a suppression of aboriginal culture and values." Jobs will reduce suicide rates on reserves, chief sayshttp://www.theglobeandmail.com/servlet/story/LAC.20080320.LOUIE20/TPStory/National
NATIVE ISSUES
JOHN COTTER
The Canadian Press
March 20, 2008
EDMONTON -- With swagger and a shoot-from-the-lip sense of humour, Chief Clarence Louie won over a crowd of corporate leaders yesterday with his simple prescription for the problems facing Canada's aboriginals - jobs.
Creating jobs and spurring economic development are the best ways to reduce the high suicide rate among aboriginal people, he said.
And those jobs should be created by native people starting their own businesses and taking responsibility for their own communities.
"The best social program is a job," Mr. Louie told the Edmonton Economic Development Corp.'s annual meeting.
"And to the first nations people here - not just band office jobs. The biggest employer should not be the band office. It should be the economic development side of your first nation.
"Today being a warrior means being self-supporting. Not living on welfare. Not continuously just hammering away at federal and provincial governments, but becoming employed."
Health experts estimate that the aboriginal suicide rate is about seven times higher than the national average.
Mr. Louie, chief of the Osoyoos band in British Columbia's Okanagan Valley, walks his tough talk.
The Osoyoos band has developed and owns a golf course, a hotel, the Nk'Mip winery and other businesses. Unemployment on the reserve is a distant memory and the band employs many non-natives.
The federal government is so enthralled with Mr. Louie that it appointed him chairman of the National Aboriginal Economic Development Board.
The chief also had a blunt challenge for Alberta's corporate bigwigs.
He called on companies to do business with natives' companies and to hire aboriginal relations officers to ensure cultural differences don't get in the way of everyone making a buck.
With the aboriginal population rising, he also said it makes little sense to use immigration to deal with labour shortages when unemployment on many reserves is so high.
Unless aboriginals share in Western Canada's growing prosperity, major cities run the risk of developing ghettos of poor native people, Mr. Louie warned.
"The leaders in this room are the ones who are going to ensure that there isn't an aboriginal poverty section in the city of Edmonton."
March 18 First nations bid to overturn forests verdict rejectedhttp://www.canada.com/vancouversun/news/westcoastnews/story.html?id=b243308e-3ab6-498e-ac1c-b9b5e416c303&p=1Split decision leads to passionate dissent by one B.C. Court of Appeal justiceIan Mulgrew, Vancouver SunPublished: Monday, March 17, 2008 A B.C. Court of Appeal appeal justice says a decision by his colleagues has seriously impaired a seminal aboriginal trial the Supreme Court of Canada thought so important it ordered advance funding for the natives. In a split decision released Friday, the province's highest bench rejected a plea from the Okanagan Indian Band to overturn a lower court ruling effectively removing aboriginal title from the table in a landmark action over forest resources. Justice Ian Donald's passionate dissent highlighted the ruling's consequences and the setback for aboriginal relations. "The big constitutional point, the extraordinary feature of the case that underlies the advance costs order, will not be heard," he said. "Is this prudent case management or radical surgery? I think it is the latter." This litigation has been in the national spotlight from the get-go because it stemmed from a series of 1999 protest actions by Interior native bands over logging rights. Described by judges as "special" and of "tremendous public importance" because it raised novel and significant issues, this case for almost a decade has been one of a handful marking the front line of the Canada-wide legal war over aboriginal rights and title. Supported by Justice Peter Lowry, Justice Kenneth Mackenzie penned the majority 2-1 judgment that gutted its purpose. "The rare and exceptional circumstances that prompted the [advance funding] order in 2001 and 2003 have been modified by subsequent jurisprudence and the province's [latest] response [to the native claims]," Justice Mackenzie said. In other words, this case is no longer as important as it once was. The facts are not in dispute, though the history of this action is lengthy and convoluted. The dispute between the Interior first nations and the government commenced with logging by members of the Westbank Band on Sept. 7, 1999. The province issued a stop work order the following day and the band fired off notice of constitutional infringement. Chief Dan Wilson and the Okanagan Band started harvesting timber Sept. 26. A stop work order was issued Sept. 28. Three other bands commenced logging on Sept. 29 and stop work orders were issued against them, too. In the end, the Okanagan Band action became the test case that went forward in the summer of 2000. The natives say the B.C. Forest Practices Code is unconstitutional because it may circumscribe their aboriginal rights and title to harvest timber. Given the scope and demands of mounting that argument, they asked the court for advance funding. The B.C. Supreme Court judge hearing the case refused -- but the band appealed and, in November 2001, the Court of Appeal ordered funding because of the importance of the issues. The order was affirmed by the Supreme Court of Canada on Dec. 12, 2003 and proceedings resumed in B.C. Supreme Court in the summer of 2004. But, contemporaneously, other cases involving aboriginal issues were moving through the courts and jurisprudence in the area was evolving in a way that affected this action. For instance, in 2004 the Supreme Court of Canada ruled on two cases -- one involving the Haida and the other the Taku River Tlingit -- establishing the Crown had an obligation to consult and accommodate first nations' aboriginal rights when it came to resources. As a result, Victoria tried to have this trial adjourned so it could "consult and accommodate" the Okanagan Band. But on March 15, 2005 the B.C. Supreme Court judge refused to interrupt the proceedings, saying the underlying issues were too important to let languish. He quoted as part of his decision the reasoning of the extraordinary B.C. Appeal Court and the Supreme Court of Canada orders that provided advance funding. At this point, the province still contested the existence of an aboriginal right to log Crown timber for any purpose. But, again, indicating the emerging and fluid nature of this branch of law, the Supreme Court of Canada issued another decision involving Maliseet and Mi'kmaq Indians in New Brunswick that bore directly on this action. In 2006, the high court upheld the existence of an Indian band's aboriginal right to harvest timber in its traditional territories for domestic purposes -- shelter, transportation, tools and fuel -- subject to justifiable regulation by the Crown. As a result of that ruling, Victoria again modified its stance. In an about-face, the province suddenly recognized the right of the native bands to harvest timber domestically. It said now there was no need to litigate the issue of aboriginal right, only whether the forest code was a justifiable infringement. The B.C. Supreme Court judge agreed because logging for a commercial or livelihood purpose was not at issue and aboriginal logging for domestic purposes is no longer contested as an aboriginal right. He said also that he thought a B.C. Supreme Court case now under appeal involving the Xeni Gwet'in First Nations in the Cariboo-Chilcotin had usurped the place of this action as the most pertinent constitutional test-case on the scope of aboriginal title. The natives argued that the province's admission was a stratagem to avoid litigating the larger, more important bedrock issue of aboriginal title for which they were given advance costs. But the majority on the appeal panel disagreed. "The [first nations] contend that the advance costs order of this Court, upheld by the Supreme Court of Canada, was made for the purpose of litigating the aboriginal title issue and the purpose of that order will be frustrated if the Province loses on infringement justification and the litigation ends there," Justice Mackenzie wrote. "I am not satisfied that the reasons of this Court and the Supreme Court of Canada supporting the advance costs order can be taken that far. "Logging for domestic purposes precipitated the dispute." But Justice Donald vehemently sided with the Okanagan Band. In his opinion, the decision against it "reduces a broadly-based claim for title and rights, including commercial harvesting of timber, to a defence to the Stop Work Order on a cutblock. "It prevents the appellants from making the case for the full aboriginal right asserted in their pleadings, and it sidelines the central issue of aboriginal title," he wrote. "Furthermore, the judge exceeded his jurisdiction by making an order that amounts to a radical amendment of the advance costs order made by this Court and affirmed by the Supreme Court of Canada. It is not clear to me how the issue metamorphosed into one of the legitimacy of the Stop Work Order in light of the earlier recognition that the fundamental issue is authority over the forested land....Advance costs were granted because of the public interest in settling aboriginal title issues." Justice Donald said the reconciliation of the Crown and first nations can only be resolved through negotiations. "If they have title," he added, "the bargain struck will likely be much more favourable than if they hold only the cards the Province has dealt." imulgrew@png.canwest.com
SFU seeks to double number of native studentshttp://www.theglobeandmail.com/servlet/story/LAC.20080315.BCNATIVE15/TPStory/National EDUCATION March 15, 2008 Simon Fraser University is beginning to implement a bold new plan for aboriginal education in the hope of recruiting a larger native student population and better fostering their academic and professional success. Aiding the launch is a one-time $100,000 community engagement grant from the B.C. Ministry of Advanced Education, which will help fund an aboriginal education handbook and workshops beginning this week. The school will also create an Office of First Nations boasting three new full-time staff members, and hire more native faculty members. The plan aims to double Simon Fraser's native student population within three years, currently reported at 441, but it's an unreliable figure that is based on voluntary self-identification. Numerous programs geared to existing students are in place, but most focus inward. "There are lots of ways in which we are connected to the students, but we did not have a very clear strategic focus and priority for improving accessibility to first nations students to SFU, and to really taking care of them, and that's what this strategy does," Simon Fraser president Michael Stevenson said. "The strategic plan is responding to the lamentable gaps that exist for participation in postsecondary education [for aboriginal students]," he added. "We obviously had an obligation to do what we could to try and improve the situation." Academic vice-president John Waterhouse said the idea for the strategy was born six years ago through his conversations with the First Nations Advisory Council. Its founding principle, he said, is that students should have access to and support within all programs offered by the university. The university hopes to have at least one aboriginal faculty member in each faculty within five years. The 10 they currently employ are mostly in the faculties of education and arts and social sciences. Mr. Waterhouse said the general posture of various governments within Canada toward reconciliation with native communities has kept the issue in the public eye, but he thinks the school's new plan, which they call "pioneering," is ahead of the curve. Though the initiative will be funded primarily from university coffers, he hopes other sources will emerge. "This is of strategic importance to the university, so it will be funded from the internal reallocation of funds, and hopefully governments are going to be more prepared to engage on the funding side as they see us making progress here," he said.
Strait of Georgia, not the Salish Sea
Times Colonist Published: Saturday, March 15, 2008 On the surface, the notion that we should change the name of the Strait of Georgia seems like a handy way to recognize that this area was home to a thriving community centuries before the first European explorers happened upon the scene.
Aboriginal Relations Minister Mike de Jong says he likes the sound of Salish Sea, the name that has been proposed to replace Strait of Georgia.
The name would help describe the body of water, he says, while acknowledging that our history did not begin just 150 years ago.
That's true, as far as it goes. But it's hard to accept the idea that we might wipe out a name rich with history to put in place a name with no direct history. The Coast Salish people lived all around the strait, but they didn't call it the Salish Sea.
At one time, the body of water was known as "Sqelatses," which means home in Coast Salish Halkomelem and Sencoten. Another indigenous name was "khWuhlch," also written "Whulge."
Then the Spaniards arrived and things started to change. In 1791 they called it "Gran Canal de Nuestra Señora del Rosario la Marinera." The following year Capt. George Vancouver gave it the name "Gulphe of Georgia" in honour of King George III.
The name was changed to "Gulf of Georgia" in 1800, then "Strait of Georgia" in 1865. That name was formally adopted by the federal government on March 6, 1913.
Names given to geographic features throughout British Columbia reflect many stages of our history. Several place names are based on the ones used by First Nations. They include Esquimalt, Nanaimo, Cowichan, Sooke, Chilliwack, Coquitlam and Kamloops.
Other names come from a wide variety of sources. Together, they provide clues to our rich, multi-layered past.
It can be argued that names should be changed if they are offensive and it would be easy to lose names that have little meaning. But these decisions must not be taken in haste. Name changes have been used for centuries as a way of rewriting history.
When one name is replaced with another, the emphasis is changed. Playing up the Coast Salish role in our history would mean eliminating the most visible reference to a monarch who played a key role in the early exploration of this region by the British. It would be wrong to do that, just as it is wrong to discount or ignore the presence of the First Nations before the arrival of the British.
And if First Nations names are to take precedence, does that mean that all names of non-aboriginal origin are at risk?
Besides, a name change would do little to improve the lot of the aboriginal members of our society. It might give a sense that something is being done, but in reality it would do nothing to ease the poverty on our reserves, to improve the housing, or to give the young a sense of hope or a feeling that they belong.
That kind of meaningful change will come through actions, not words on a map..
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