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Spring is just around the corner and another hot summer on this side of the Rockies is in store on almost every front. Unresolved issues around everything including Aboriginal rights and, most importantly, Aboriginal title are coming to the fore in almost every First Nation community where you care to look.
Depleted salmon stocks because of overfishing and degradation of the environment, lack of economic opportunities for First Nations in the forestry sector because of allocations to major industrial corporations, a lacklustre treaty environment with high First Nation expectations. Combine all of these factors and you have one heckuva volatile situation.
The federal and provincial governments' position of "negotiate not litigate" does not stand up in the face of critical analysis when you look at how many lawsuits First Nations are bringing forward at this time. Gitanyow, Haisla, Westbank (Okanagan), Haida, Skeetchestn (Shuswap) and on and on are bringing forward litigation on various issues relating to Aboriginal rights and title.
I thought the B.C. treaty process was supposed to alleviate litigation? I'm sorry I don't see that. I'm not against the treaty process, but its limitations are obvious. The feds and the province will not acknowledge the existence of Aboriginal title without the First Nation proving it exists in a real way. This is where the Delgamuukw decision that was handed down on December 11, 1997 comes into play.
For those First Nations that are gathering information to begin negotiations or continue negotiations there is an invaluable website available through the Assembly of First Nations' regional office under Vice Chief Satsan (Herb George) that breaks down the Supreme Court of Canada decision into bite-sized chunks of information.
The site - www.delgamuukw.org - is an incredible resource for First Nations.
The Delgamuukw National Process (DNP) is an initiative of the Assembly of First Nations under the auspices of the Office of the B.C. Regional Vice Chief. It is designed to support and assist First Nations in their efforts to breathe life into the Delgamuukw judgement. The DNP is directed by Satsan (Herb George) AFN Vice-Chief for British Columbia. It is a comprehensive project encompassing legal research, policy analysis, education and communication all aimed at helping First Nations organize themselves to explore the Delgamuukw decision and develop strategies for effectively implementing the opportunities the judgement provides.
I have met several times with Satsan. The first time I met him was when I was working with B.C. Hydro as communications coordinator for the Aboriginal relations department. I find him to be extremely passionate about the Delgamuukw decision and sincere in his attempts to change the situation for First Nations not only in this province but nationally as well. I will be the first to admit that I admire that and have seen how he works and I consider him to be more of a leader than a politician.
The legal research team put together research papers on the following issues: The British Columbia Treaty Process; Oral History;
Compensation and Remedies; Economic development; Extinguishment;
Infringement; Federal Policy; An Overview of the Delgamuukw judgement; The Implications of the Delgamuukw judgement on the Atlantic and Pre-Confederation Treaties; The Implications of the Delgamuukw judgement on the James Bay and Northern Quebec Agreement; Implications of the Delgamuukw Supreme Court Decision on the treaties in Ontario; The Implications of the Delgamuukw Supreme Court judgement on the Numbered Treaties; The Implications of the Delgamuukw judgement on the Douglas Treaties; The Delgamuukw Supreme Court judgement and Modern-Day Treaties; The Onus of Proof of Aboriginal Title; Aboriginal Law; The Proof of Aboriginal Title; The Content of Aboriginal Title.
The research committee members are: Dr. Frank Cassidy (chair), Patricia Monture, John Borrows, Anita Murdoch and Candic Mettalic. Advisors to the committee are Joanne Lysyk, Kent McNeil, and Maria Morellato. They are supported by Chris Robertson of the AFN B.C. office and Chris Corrigan.
The community guide that has been presented by this team is the key to First Nations future here in British Columbia and if First Nations follow the common sense community guide that is attached they will unlock their futures. Knowledge is power - combine that with the blueprint that is laid out and the future for First Nations in this province will be a positive one.
Maybe I am being too simplistic in having these dreams but there isn't much else out there right now. Satsan is from a new generation of technocrats that is emerging from our Indian Nations and he is driven by a purpose: to end the inter-generational dependence on welfare. I agree wholeheartedly with that and wish him luck with his agenda.
That's the way I see it anyways . . . putucw.
P.S. If you have any questions or comments about this (or any of my past columns - I would like to hear from you whether it is good or bad) I can be contacted at seklep@telus.net.
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