First Nations remain skeptical

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At the launch of the federal election campaign on May 23, Prime Minister Paul Martin said "British Columbia is incredibly important to me. To run a national government without a strong voice from British Columbia at the national table is just not my concept of what good governance is about in this country."

Conservative leader Stephen Harper's party now holds 25 of 34 seats in British Columbia, but 36 seats are up for grabs following redistribution. Harper is confident the Conservatives will emerge victorious because there is a "desire of Western Canada to be part of a government that comes from there and understands it."

New Democratic Leader Jack Layton's ideal of "a green and prosperous country that leaves no one behind" and an eight-point plan that outlines how he will achieve that goal, is reportedly appealing to some unemployed British Columbians.

But a few Native leaders are making it clear that their people, by and large, are not rallying around the promises of any of the leading federal candidates at this stage. They say the Indian "strong voice" has become a shout, but no one has heard them; what matter if the government understands their issues if it is not prepared to act on them; and just how many more of their people can expect gainful employment and affordable housing a year or two past the electoral hoopla?

Chief Stewart Phillip, president of the Union of BC Indian Chiefs, has some tough words for the federal election candidates but few expectations they will hear.

"I don't think there is any question that the main issue is poverty. In that regard, the fundamental issue in British Columbia is the unresolved Aboriginal title issue.

"There's a tremendous amount of case law that goes back to 1973 with the Calder case." When that case was working its way to the Supreme Court, both the federal and provincial governments, including former prime minister Pierre Trudeau and former attorney general of British Columbia Allan Williams, had "a very racist view of Aboriginal title," according to Phillip.

Today, however, Phillip said a series of landmark cases before the Supreme Court "support the reality of Aboriginal title."

Phillip explained that current cases say the government must not only recognize title, it must "substantively consult before any decisions are made regarding the disposition of land and resources, prior to it happening. But most importantly, they're obligated to accommodate our Aboriginal title interests, and they are to compensate us for any infringement. Now, that's not happening. Not to mention the fact that Aboriginal rights are enshrined in the Constitution.

"Now my point in all of this is that the government of Canada still is working under the auspices of the comprehensive claims policy, which was last updated ... in consequence to a court decision in 1986."

Phillip is adamant that after the Supreme Court decision in Delgamukkw came down in 1997, the comprehensive claims policy should have been updated to reflect current case law, which he said has not happened.

"The comprehensive claims policy deliberately does not recognize Aboriginal title."

For Phillip, the main issue before the government of Canada is whether or not it is prepared to exchange the "general and vaguely defined rights" of the comprehensive claims policy for "specific rights in the land claims agreement."

"My challenge to Paul Martin and the Liberal Party of Canada is when are they going to bring the comprehensive claims policy in line with case law? Now, that's the central issue in British Columbia.

"All poverty in our communities stems from the fact that we do not have access to land and resources. Delgamukkw is very precise in delineating the nature and scope of our Aboriginal title interests."

Phillip would remind politicians that the Delgamukkw case talks about co-management, sharing the revenue from resource development in their territories, and "it talks about copensation for past, present and future use of land and resources."

What's happening, he said, is nothing. "The government hasn't made any effort whatsoever to act on that decision."

Phillip added he is aware that some Indian people take the view the federal election process "is not our system and therefore we should not involve ourselves in it;" whereas, others take the view that "we must be involved, that we have to make a difference."

In the next federal election, said Phillip, "I am not anticipating a great involvement of our people ... but I think the provincial election may be a little different, because we have a hugely dysfunctional government in British Columbia, by virtue of the fact they have 77 out of 79 seats, and they are hell-bent on privatizing all land and resources in British Columbia, effectively taking it off any negotiating tables... We have to do our utmost to get rid of this current B.C. Liberal government ... because of the desperate situation we find ourselves in."

Phillip said at the federal level, "I'm not impressed with Paul Martin. I'm not impressed with photo ops where he gathered high profile national leaders together for the sake of a pre-election photo opportunity. He's still pursuing policies that we have rejected for decades. There isn't any significant provision in the federal budget for Aboriginal people, and there wasn't a great deal of reference made in the Throne Speech."

Asked if he saw any better alternatives, Phillip said, "I think historically, First Nations have supported the policies of the NDP federally."

The chief added about NDP leader Jack Layton, "I have a very high level of respect for him. He marched with us in various marches and demonstrations across Canada, in regards to our objections with the Liberal government's legislative agenda, with the First Nations governance act, and so on. He was there shoulder to shoulder with us."

Some reports have said the Green Party may make a difference in ritish Columbia this time around, but Phillip doesn't agree. "It's a very unfortunate situation, because they're only going to divide the vote."

Phillip dismisses the Conservative Party as "right wing," adding they offered no help or support to First Nations as they campaigned against detrimental legislation and policies of the government in power.

Justa Monk, co-chair of the Northwest Tribal Treaty Nations, said "I don't have much to say about the (federal election) process," but he added that in any First Nation there are social problems leading to health problems and linked also to problems with the education system, which the federal government needs to act upon. "Those are the things, I think they need to look at.

"I know Paul Martin made an announcement about the health care, but he didn't say very much about First Nations."

Monk said in his territory "there's a lot of people with stomach cancer, and when they get that they're on waiting lists... For things like cancer, they need to speed up the process" in order to enhance people's chances of survival. He said often people's operations are delayed long enough that it could make a difference in the outcome.

Transportation is another issue, and so is unemployment, which may reach 85 per cent in some communities. Monk linked the two, as he said when people are subsisting on welfare payments, they can't afford to hire a vehicle to take them from Fort St. James to Prince George, for example. That limits their ability to access employment opportunities or needed services.

Monk added that even in the area of medical transportation, the government's contribution is "very limited."

Monk is no more optimistic than Phillip about the numbers of Aboriginal people who will vote federally.

"With the frustration of some of our people about the whole treaty and the land question, it's really, well, people will say "to hell with you. They got this attitude that 'why should I go vote? They don't listen They wouldn't listen to us. They wouldn't deal with us.' That attitude is out there ... right now our attitude is pretty negative about the election."