News In Brief

Page 16

Band creates labor code

The Kamloops Indian Band has become the first First Nation to enact its own labor code. Chief Manny Jules said the code is designed to ensure that the traditions of the community guide matters of labor relations on the reserve.

"The traditional roles of labor and industry have polarized the people of this province. We do not want that to happen in the reserve. We are seeking balance and consensus," said Jules. "Our labor code is part of our move towards self governance and has the strong support of our First Nations community."

Critics say the code was developed to prevent the unionization of band employees. Chief Jules said that's not true.

The code bans strikes and lockouts.

"We believe strikes are an antagonistic and aggressive way of resolving differences," Jules said. "The work of the band employees is so inextricably tied to the community that these services are essential to the very fabric of our life on the reserve. We are being realistic by balancing the interests of the community with the rights of the employees."

A judicial body - Quellelltkw (the Shuswap word for court) - has been established to hear disputes under the code. The Federal Court of Canada retains jurisdiction as the court of appeal overseeing the Quellelltkw.

Gitanyow win in court

The Gitanyow Hereditary Chiefs are calling a British Columbia Supreme Court decision a "landmark" in Canada's legal history.

The March 23 ruling handed down by Justice Williamson said Canada must negotiate treaties in good faith. Lawyers acting for the federal government had argued that the Crown has only a "moral, political and honorable duty" to negotiate in good faith. The judge said that, once the Crown enters into a treaty negotiation, it has a legal obligation to negotiate in good faith, which includes "at least the absence of any appearance of sharp dealing, disclosure of relevant factors and negotiation without oblique motives."

Gitanyow chief negotiator Glen Williams was delighted by the decision.

"Now the Crown has to come to the table with clean hands," he said.

The Gitanyow are trying to negotiate a treaty despite the fact that a good portion of the land they claim is already covered in the Nisga'a Treaty. The went to court to ask the court to stop that process until their situation has been resolved.

Williams called on the federal and provincial governments to get back to the table to help them do whatever it takes to solve their overlap problem with the Nisga'a agreement.