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Page 12 All Chiefs Assembly The St’át’imc Runner September 2009 "BC is like a chronically unfaithful husband.” Continued from over Lawyers who worked on the Discussion Paper, and now the Concept Paper - an inventory of options as they see them, defended the idea that if BC was to introduce the new legislation, it would force BC to uphold the minimum standards that Canadian courts have identified are required to uphold the mythical "honour of the crown." A recurring and powerful doubt was presented by a number of speakers. Why on earth would BC turn 180 degrees and meaningfully acknowledge and respect aboriginal title right now? To this day, BC begins every aboriginal title or rights court case with the assertion that indigenous people have no title, and never did, and if they ever did, it was replaced by crown title when Governor James Douglas said it was, in 1858. Lawyer Murray Brown of Woodward and Company put it this way: "BC is like a chronically unfaithful husband. He cheats on his wife every day and twice on Sundays, then one day comes home and says, 'honey, I've changed,' while at the same time he's texting his girlfriend. They are in the business of denial. That is the basis of BC." The new “Concept Paper” - written by dozens of lawyers who work for First Nations, was presented by the Leadership Council’s Recognition Working Group. It recommends next steps, one of which is to have a Declaration made by BC to contradict their earlier Declaration that “all the lands belong to the province in fee.” A team of lawyers commissioned by Chief Wayne Christian, Chair of the Shuswap Tribal Council, presented an opinion on the correct origins of aboriginal title, and gave recommendations that point to the use of international Professor June McCue assisted in preparing a paper, “Towards Recognition of our Inherent Rights,” commissioned by Chief Wayne Christian, Secwepemc, to describe another way to pursue recognition. law to remedy the land issue here. They suggest implementation of the UN Declaration on the Rights of Indigenous Peoples, and legal pluralism within Canada. They reject discussions with BC, a junior government. Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs, said, "BC has exploited the Leadership Council." Over the three days, discussion returned to developing a way to define the Council’s powers, and what the basis of unity for the nations will be. Grand Chief A-in-chut - “It’s Our Time” Continued from front page: Atleo was escorted into the meeting by members of the host Squamish nation, who sang a song that was sung in 1906 in England. "When the chiefs went to England to find the honour of the crown, we sang this song. We sing it now to our new Chief, still looking for the honour of the crown in its dealings with First Nations," explained Chief Ian Campbell of Squamish. A number of Squamish Chiefs honoured the new Grand Chief with their presence throughout the day-long ceremony. Representatives from indigenous nations throughout British Columbia came to acknowledge him as their national Chief, and declare their support for his leadership. Many presented him with gifts, many wrapped him in a blanket, and many sang for him. All offered their assistance and an invitation to their territory. The formal acknowledgement was a ceremonial key to Atleo's future leadership. The representative leaders agreed that he was their Chief in the Assembly of First Nations. The new Grand Chief was presented with valuable gifts. From the Dakaw Tlingit, the words of a sacred song: "Our voice will be heard again on our grandfathers' lands; my sisters pray to your raven." From the Kwagiulth, the symbol of "a new promise for all our communities, all our families" - a gold Sun pendant. From Nuuchah-nulth, a carved paddle presented by a young girl, in recognition of A-in-chut's commitment to women and youth. Sto:lo gave the Chief a Coast Salish moon to hang in his office in Ottawa. Nlaka'pamux people gave s'ts'wan. Heltsiuk fishermen gave herring roe on hemlock bows. Some leaders recommended their Elders' prayers. In a brief address at the end of the day, A-In-chut mentioned goals of strengthening families and addressing Canada's Comprehensive Claims Policy, which is based on the goal of extinguishment of aboriginal title and underscores the BC treaty process. Atleo is the Chief of a modern-day treaty First Nation in BC, Ahousat. He was the elected leader of the BC region of AFN for several years. He is Chancellor of Vancouver Island University. Above, Wichanninnish, Shawn’s uncle, Cliff Atleo. Below, A Squamish lady congratulates the new Grand Chief.
Tsepqw 2009 The St’át’imc Runner The Common Table Report All Chiefs Assembly "For those of us in the treaty process, this is our last chance." Page 13 Key participants in the Common Table to advance treaty First Nations’ position at negotiating tables reported to the Chiefs Assembly on their progress, or, unfortunately, lack of progress. On August 10, First Nations involved in negotiating treaties met with BC and Canada to address the concerns of the Common Table. The Common Table represents 64 First Nations in treaty negotiations, a little more than 50% of the treaty tables listed with the BC Treaty Commission. The Table was formed two years ago. In negotiations, the First Nations have found that BC and Canada come to the table with fixed negotiating positions on key issues, and no one has been able to advance them at all. For the August 10th meeting, the Common Table had requested written responses to their concerns about the government's bottom-line positions. Instead they received speaking notes for BC Minister of Aboriginal Affairs and Reconciliation, MARR, George Abbott, and federal Minister of Indian and Northern Affairs Chuck Strahl. Responding to the legislative proposal at the All Chiefs Meeting in Vancouver last month, Chief Negotiator Robert Morales said, "Our challenge is, how do we get the government to move on recognition?" Currently the BC Treaty Commission does not require that the governments recognize aboriginal title before entering treaty negotiations. In fact, recognition is explicitly denied in the governments' approach. "We can do it through negotiation under the BC Treaty Commission, through legislation, or through litigation. Our group (Halkomelem Treaty Group) is currently in Washington with a petition that has a lot of support. Canada says we shouldn't be there because we haven't been to court in Canada, but we have had a lot of nations come and tell us that they have tried to win what we want in court, and failed." Morales was one of the founders of the First Nations Unity Protocol which developed the Common Table. Tim Raybold spoke for Chief Robert Louie of Westbank First Nation: "The Common Table, for Westbank, was basically our last hope for the BC treaty process. What the Common Table has shown us is that the federal and provincial governments are not prepared to do what it takes to meet the needs of treaty First Nations in this province. They're not going to do it for treaty First Nations outside the Common Table, either." Gwaans, Beverly Clifton- Percival, is the spokesperson for the Common Table. "We are still waiting for the written response to our concerns, so we can get a legal analysis of that and we will add it to our litigation strategy." In Luuxhon, 1999, the people argued that Canada was guilty of bad faith negotiations in the treaty process, as it was negotiating over the same lands simultaneously with three First Nations. Now the people will be arguing that the governments are engaged in bad faith negotiations because they simply will not negotiate these several matters. The aspects that have proved to be non-negotiable for the colonial governments are in six somewhat overlapping areas. The constitutional status of treaty settlement lands is currently that aboriginal title is extinguished, and any lands held by the First Nation are in fee simple, with underlying title held by the province. In the area of governance, treaty First Nations would, under the current mandates, be reduced to municipal powers of law making, constantly overshadowed by provincial and federal law. The Common Table argues that treaty First Nations must be able to pass "distinct laws" that are the laws that govern in key areas. In fisheries, the Common Table seeks better management roles for treaty First Nations, and the guarantee of the Food, Social and Ceremonial right, rather than a straight allocation. Tim Raybold, left, attended to speak for Westbank’s concerns. “The Common Table, for Westbank, was basically our last hope for the BC treaty process. What the Common Table has shown us is that the federal and provincial governments are not prepared to do what it takes to meet the needs of treaty First Nations in this province. They're not going to do it for treaty First Nations outside the Common Table, either." Robert Morales, right, is Chief Negotiator for Hulqominum Treaty Group. "Our challenge is, how do we get the government to move on recognition?" Gwaans, Gitxsan, is the Chair of the Common Table. "We are still waiting for the written response to our concerns, so we can get a legal analysis of that and we will add it to our litigation strategy." Fiscal relations - including own-source revenue and taxation, are an area where would-be treaty First Nations want to be secure that their communities will not be allowed to fall below socio-economic levels of other comparable communities. Shared decision making on traditional territory is currently reduced, within the government mandates, to the treaty First Nation's ability to sit on a regional board along with other stakeholders: they want this changed to ensure meaningful co-management of the territories. Recognition and certainty, which includes overlapping claims, is a chapter of the six complaints that identifies the governments' unwillingness to allow the treaty to develop over time, and that the governments do not recognize preexisting aboriginal rights within the treaties being negotiated. BC responded to the Common Table, through George Abbott, that they would negotiate the outstanding issues at individual tables. BC referred to the incorporation of their work in the New Relationship into treaty language as progress. BC, Canada and the First Nations Summit are the Principals in the treaty negotiating process. While they are meant to have meetings twice a year, they have not actually met for years.
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St’át’imc Runner

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