The-Bc-Treaty-Negotiating-Times-Summer-2009
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Recognize anyone here? Who are they to recognize crown title on our unceded lands? The BC Treaty Negotiating Times Summer 2009 It’s not about the money, Recognition of BC? it’s about the land. We hear that “recognition legislation” The First Nations Leadership Council will mean big bucks for First Nations. is collaborating with the province to The BC government keeps telling recognize crown title in BC. industry it won’t change a thing. They promise a province-wide BC wants to negotiate because benefits sharing agreement. they just can’t win in court Who is the province to pretend they can anymore. recognize indigenous rights? We do not Poverty -PPage 10 need the province to recognize our rights, but the province needs indigenous Assimiliation Again? peoples to recognize them, because they have no jurisdiction over our traditional Surely there will be no more territories. BC Treaty Commission extinguishment treaties. In this Special Edition of the BC Treaty As aboriginal people gain a stronger Negotiating Times, we bring you insight, If the tribes acknowledge crown title, what will understanding of the international international comparisons, and criticism. become of the land? This pictograph in Stein Valley strength of their title, BC and the First shows how everything depends on Mother Earth. Nations Summit moves to legislate municipal status on the nations. When the province There is no way that on the recognition of our Recognizing the Child of BCTC -PPage 2 comes to the table to talk Canada and BC governments Aboriginal Title. We need to about the Recognition Act, would be negotiating treaties take control. We need to use Words of the People what they are really seeking is under the British Columbia this opportunity to shift from Throughout this paper they remind us recognition of the province. Treaty Commission if we did poverty and servitude to why our ancestors never engaged with the This has come to pass not own our territories. return to being self-reliant province and why this provincial recogni- because our ancestors stood The proposed provin- and owners of our territories. tion act is so dangerous. strong and never gave BC a cial Recognition Act in its The choice is ours as In The Words of The Hereditary Chiefs bill-of-sale. They never current form would secure Indigenous Peoples. What quotes throughout from across the nations signed any agreement. There recognition of the province of the province has put on the is no way that the British British Columbia and their table is garbage but that does Columbia government would control over our territories but not mean we cannot change The Latest Power Grab have engaged the former we can reverse that if we that. You and your action, As Indigenous peoples we have inherent Attorney General Geoff Plant stand up. The British energy and ingenuity are jurisdiction - and the province wants to to negotiate the Recognition Columbia government and needed. The struggle has laid use this legislation to claim jurisdiction Act if we did not own British the First Nation Leadership these choices before you. over our territories. Columbia. Council have opened the door Words of the People-Page 19 Our right to self-determination does not need provincial recognition. The provincial recognition legisalation is Industry is not afraid of this. an empty shell for indigenous people, and has a hidden pearl for the province The architects of the Like in Forest and Range making and the ceilings on to secure hidden access to indigenous proposed Recognition and Agreements, the government benefits agreements. This is territories. Legal Pointers - Page 16-118 Reconciliation Legislation - will be able to prescribe the for the certainty of industry - lawyer Geoff Plant, Premier limits of shared decision and government revenues. Looking west? Look east. Gordon Campbell, and the The only governments with the First Nations Leadership strength to negotiate with indigenous Council, are promising greater certainty for third nations are the federal and British party interests with this new crowns. The idea of dealing with the legislation. province regarding land issues has always These people have been tour- been unacceptable to our peoples and ing the mining associations ancestors. Only the federal government and industry stakeholders to can enter into nation to nation agreements explain how much better it and we have to force them to resolve the will be for them. Hill land question. Remember! -PPage 8 Page 2 The BC Treaty Negotiating Times Fall 2007 In the words of the Hereditary Haisla Hemas “We need March 10, 2009 tense as referred to by the title exists in Haisla Ancestral Dear Ed John and Stewart Canadian contrived word, Homelands. We hold you to the traditionalists Phillip "Aboriginal". If you break this strictest of proof. to step up Today I received the word aboriginal down into its Under "Interim," it states, attached document re: imple- component parts it goes like "Prior to comprehensive agree- and shut this initiative menting the new relationship. this, ab - original. ab meaning - ments being in place with an down and relegate it This document talks about "used to be" so the word abo- Indigenous Nation the Interim Aboriginal Title and Rights. riginal really means - used to level of engagement would to where it belongs, The Haisla Hereditary be original. Haisla Hereditary involve the application of the namely on the trash Chiefs do not speak of their Chiefs cannot agree with this. recognition principles through ongoing ownership of Haisla We will never agree that we shared decision-making and heap of history.” Lands and Waters in the past used to be original but now we revenue-sharing agreements to are a remnant of our originality. certain specified categories of Instead we continue to hold development projects and - Morris Amos, ourselves out as the original defined "strategic decisions". Haisla people of our territory and thus The Haisla Hereditary still the true Indigenous owners Chiefs cannot agree to this of our ancestral territory. statement as it will tie us in to Under “Recognition recognizing BC ownership lands and therefore authority Principles,” this document through Crown Title as the holders even before and in states, “That the Crown Title starting point for any future accordance with future agree- exists with Aboriginal Title negotiation of comprehensive ments. throughout British Columbia.” agreements. This is a non It has been brought to We cannot agree with this state- starter for Haisla Hereditary our attention that negotiation of ment. First you and your Chiefs. this document has been going respective organizations have Further on your docu- on for one year already before never sought and were never ment states, "At the interim we hear anything. Because of given a mandate from Haisla level statutory decision makers the issues herein contained and Hereditary Chiefs to discuss will be enabled to exercise their others we do not have confi- and or negotiate such a position discretion in accordance with dence in you and your organi- on our behalf with the agreements with an Indigenous zation to properly represent the Province. The authority to rec- Nation. Again Haisla true soveran interests of the ognize or not recognize BC Hereditary Chiefs cannot agree Haisla Nation and respectfully Crown Title lies only with the with this statement. This in fact ask you to stand down in this Haisla Hereditary Chiefs. I ask gives recognition to "statutory endeavor until our issues can be you and your organization to decision makers" as Crown addressed in the proper forum. provide evidence that crown Title owners of our ancestral Morris Amos Chief Michael Robinson, Chair, Haisla Hereditary Chiefs spokesman for Chief Jasee, Haisla. Strategic Alliance Committee In this Issue Geoff Plant: advisor to . The Proposed “Recogntion Act” will likely facillitate BC on the legislation Page 4 the Federal "1969 White Paper" Community-minded Previous attempts action needed Page 5 Objectives and Endanger First Nations at extinguishment Grand Chief Stewart Phillip, UBCIC President Aboriginal Title & Rights with consent: Page 6 1857 – Act for the Gradual Civilization Robert Shintah, UBCIC VP By Russell Diabo, Mohawk, Reserves & impose taxation. of the Indian Tribes in the Canadas Page 7 First Nations Policy Consultant Dismantle Historic Treaties. 1876 - Indian Act; unilateral imposi- Nation to nation Page 8 For those of you too Off-load federal Indian pro- tion of conditions so bad that many Counter Resolution Page 9 young to remember, in 1969 the grams and services onto refused to register as “Status Indians.” FNLC Chiefs Page 10 federal government proposed a provinces, municipalities and 1926 – judicial technical review of BC Legal Alternatives Page 11 "White Paper" on Indian Policy. First Nation communities. land question is disposed of in Ottawa Discussion Paper A "White Paper" in federal Entrench economic underdevel- as irrelevant and not justiceable Pages12&13 terms is supposed to be a dis- opment (the socio-economic 1969 - White Paper Policy Criticism Pages14&15 cussion paper, but the federal gap between Indians and white 1974, ‘86 - Comprehensive Claims Precedents of despair - the government announced the Canadians). Policy - attempts purchase of extin- consultation quo Page 20 "1969 White Paper on Indian In response to the pro- guishment by aboriginal title holders History Repeating Page 21 Policy" as a federal policy. posed Policy of assimilation 1993-present - BC Treaty Commission, The New Relationship and Essentially, the main objectives and termination of rights, First agreements indemnify BC, Canada, All Our Relations Page 22 of the federal government in Nations and their leaders organ- and cede aboriginal title for fee simple Timeline Page 23 1969 were as follows: ized opposition to the 1969 2000 - First Nations Governance Act; The wisdom of the past Eliminate the legislative and White Paper and formed associ- Ottawa determines native government Page 24 constitutional recognition of ations at regional and national 2009 - Recognition and reconciliation Indian status.