[news] News from the North

Wed Oct 15 11:42:51 PDT 2003

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From: Ytzhak <Ishaq1823 at telus.net>
To: Redwire <redwire at lists.resist.ca>
Subject: [Redwire] [BlackIndianActivists] News from the North
Date: Wed, 15 Oct 2003 10:38:55 -0700

News from the North
A digest of First Nations news from Canada

Posted: October 14, 2003 - 2:42pm EST
by: Robert J. Taylor / Correspondent / Indian Country Today

Métis aboriginal hunting rights confirmed

OTTAWA - The Supreme Court of Canada ruled in a 9-0 decision on Sept. 19
that members of the Métis Nation have the right to hunt for food in the
same manner as other Aboriginal communities.

The decision requires Métis hunters be able to prove a direct link to
historic Métis communities still in existence, but has precedent-setting
implications for the recognition of other Aboriginal rights for the
Métis from fishing to resource management rights.

The justices upheld lower court decisions that had determined the
inclusion of the Métis as an Aboriginal people in the Constitution Act
of 1982 extended the right to hunt for food out of provincial hunting
season without a license in the same manner as other Aboriginal peoples.

"The decision is a great victory for the Métis Nation," said interim
president and spokesperson for the Métis National Council Audrey
Poitras. "The governments of Canada can no longer refuse to negotiate
with the Métis Nation and treat us as though we dont have any
Aboriginal rights.

"Those days are over."

The Métis also successfully argued the small number of their hunters
posed no threat to big game stocks of deer and moose as lawyers for the
federal government and all but one provincial government had argued.

The case, Regina v. Powley, developed from the 1993 conviction of Steve
and Roddy Powley for killing a bull moose out of season and without a
provincial hunting license near Sault St. Marie, Ontario. The court,
however, refused to hear a similar case, Regina v. Blais, but a
statement from Poitras said there was still language in that decision
that would strengthen the Métis Nation and its 300,000 members across
Canada.

Complete copies of both decisions can be found on the Métis Nation
Council Web site at metisnation.ca.

Fontaine office budget criticized

OTTAWA - Assembly of First Nations National Chief Phil Fontaine has been
drawing fire from all fronts for his proposed office budget of $900,000.

"This does not make sense and does not respect the very poor
circumstances that many people on reserves are facing," said member of
Parliament John Duncan, the Canadian Alliance partys Native affairs
critic.

The hefty price tag includes $300,000 in severance packages for
non-political staffers fired after Fontaines election this summer and
$250,000 in renovations to his office and the assemblys headquarters
building that were started in Fontaines previous administration in
2000.

Roberta Jamieson, elected chief of the Six Nations of the Grand River in
Ontario, who placed second on the ballot to Fontaine said to reporters
there are financial needs on reserves and that the National Chief would
answer to the chiefs for his spending.

One of those chiefs, Sub-Chief for Ontario Charles Fox questioned why
Fontaine needed to increase his personal staff to 18.

Fontaines Chief of Staff Manny Jules said the spending was necessary to
be fair to the fired staff and let visitors to the AFN know they were
visiting "a national institution" and that the amount was under review
and would likely be reduced by Ottawa anyway.

Federal money supporting the AFN fell from $19 million during Fontaines
previous term to $6 million under his predecessor Matthew Coon Come. The
cutbacks were considered by many to be the result of Coon Comes
confrontational approach to dealings with the federal government while
others have remained cynical of Fontaines close political and personal
ties to the federal Liberal Party.

Heir apparent ready to take power

OTTAWA - Paul Martin secured enough delegates at the Liberal Partys
convention Sept. 20 - 21 to guarantee his bid to replace the retiring
Jean Chrétien as the partys leader and next Prime Minister.

Martins victory should be a source of optimism for the First Nations
based on his public statements opposing how the current regimes
formulation of the "suite" of Indian legislation including the First
Nations Governance Act and the Specific Claims Resolution Act.

A fiscal conservative, businessman and former finance minister, Martin
previously said the proposed legislation warranted "serious rethinking"
before Parliament recessed for the summer. Many First Nations and
national Aboriginal leaders have protested and are opposed to the laws
as threats to their sovereignty.

Martin, vowing a more open government, has his transition team in place
already despite the fact that Chrétien does not plan to retire until
February 2004 and the leadership convention is not scheduled until
November 2003.

Judge orders continued consultation

CAMPBELL RIVER, British Columbia - The Supreme Court of British Columbia
handed down a decision on Sept. 21 defeating a lawsuit filed by the
Heiltsuk First Nation to stop a commercial fishery from opening a
land-based hatchery that would impact their reserve.

The Heiltsuk filed their suit against Ottawa and Omega on the contention
the First Nation was not adequately consulted before the facility was
constructed.

"Despite being well informed about the importance of this area to the
Heiltsuk, the blatant disregard for our title and rights felt like a
slap in the face," said Heiltsuk spokesman Philip Hogan when the suit
was filed.

Omega Chairman Russell Crum respectfully disagreed and said his company
was hoping for increased understanding from the Heiltsuk following the
decision by Madame Justice Laura B. Gerow.

"Omega Salmon Group wants to reaffirm its strong commitment to work with
First Nations in order to achieve solutions of benefit to both parties,"
Crum said. "It was unfortunate that the Band, the company and the
provincial government had been unable to work out an accommodation among
themselves on this important initiative.

"The fact is that there is simply no real winner when the courts are
forced to intervene in a dispute among parties like this."

The Heiltsuk, formerly know as the Bella Bella Indians, inhabit an area
of the central coastal region of British Columbia. The bands population
had fallen to as low as 200 following an influenza epidemic in 1918 that
cost the lives of over 85 percent of its citizens.

Please forward your comments or questions about News from the North to
rtaylo16 @twcny.rr.com.

This article can be found at http://IndianCountry.com/?1066157096

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