Province's veterans reach out across the country

Page 1

The Saskatchewan First Nations Veterans' Association is hoping to use its legal action against the government of Canada as a rallying point for First Nations veterans all across the country.

That was the intent of Keeping Our Strength, a three-day conference at Winnipeg's Best Western International Inn from August 25 to 27.

Representatives from local veterans' associations in Nova Scotia, the Yukon and all points in between responded to the invitation to the conference. From the first hour onwards, it was apparent that many veterans feel under-served by their existing federally-funded national organization, the National Aboriginal Veterans Association or NAVA. Executive members of the Saskatchewan First Nations Veterans' Association, which filed suit against the federal government on behalf of its members last year, made no secret of the fact that they have little use for NAVA or its predecessor, the National Indian Veterans Association (NIVA).

The conference was initiated by the Federation of Saskatchewan Indian Nations (FSIN) who worked with the Assembly of Manitoba Chiefs (AMC) to organize the three days of meetings. Sixty-nine veterans were included in the crowd of close to 200 people who attended.

Perry Bellgarde, grand chief of the FSIN and Assembly of First Nations (AFN) vice-chief for Saskatchewan, holds the AFN's veterans' portfolio. He urged the veterans to get organized on a national level and join his province's veterans' association in putting intense pressure on the federal government. Bellegarde explained the legal strategy behind the lawsuit for the visitors from other regions. He said that non-Native veterans who returned from overseas were entitled to a quarter-section of land, which they owned outright with fee simple title. Native veterans received a certificate of possession to occupy Crown land on their own reserve.

The non-Native veterans could use their land as collateral for loans to buy more land. Native veterans didn't receive that benefit.

Returning Second World War veterans received $6,000 in 1946, a sizable amount of money in those days.

"Indians received maybe $2,200," said Bellegarde. "Some received less. In the statement of claim we ask the government of Canada, 'Why was there a difference?' That was a large amount of money at that time."

Spousal benefits for survivors of Native servicemen are substantially lower than for non-Natives and access to grants and other benefits was blocked or hidden, the lawsuit alleges.

AFN vice-chief for Manitoba, Dennis White Bird, noted that many Native soldiers also lost their treaty status when they enlisted. He said that Native soldiers were not required to enlist for action because treaties stipulated that they not be forced to serve in the armed forces of the colonial powers. But he noted that Native people enlisted in numbers far higher per capita than those of the general population.

"We want you to know we're proud of you," he told the veterans. "Not because you fought in the war but because you fought for what you believed in."

"You were equals when you were fighting over there," said Bellegarde, "but when you came home, you became Indians again. It's sad that even today - 1999 - you have to fight again."

One important factor that has fueled, and added a sense of urgency to the fight, is that the veterans are aging.

"We continue to say time is of the essence," Bellegarde said. "This room should be full - there should be two rooms full of our veterans - but the sad part is that many are passing on. It's time for action."

Three lawyers who have worked closely on many similar fights are representing the Saskatchewan veterans in this matter. Delia Opekokew, Murray Klippenstein and Andrew Orkin have teamed up to attempt to force the Ontario government to hold an inquiry into the shooting of Dudley George at Ipperwash Provincial Park in 1995; Orkin and Klippenstein have led the legal fight for compensation for exposure of the DelineDene to uranim they mined for the atomic bomb which ended the Second World War. Opekokew, originally from a Saskatchewan First Nation, returned home to become the general legal counsel for the FSIN. She and Klippenstein were on hand on the opening day of the conference to answer questions about the lawsuit.

Opekokew said there were 818 individuals - living and deceased - named as plaintiffs in the class action suit. She later added that others could be added to that list or could file their own statement of claim.

"There are three ways, if you wish to become a party," she said. "One: you can add yourself to our list. Two: you can have the group representing you become a party. Three: you can file your own action."

Klippenstein said that if more groups joined the action, the FSIN would be relieved of some of the burden of paying the legal bills. He warned those contemplating joining the action that if they lost, they'd be on the hook for their share of the cost.

He noted that Dennis Wallace, associate deputy minister of Indian and Northern Affairs, had already written a letter proposing that the veterans' claims could be negotiated on an individual basis.

Klippenstein and others believe that is part of a government divide and conquer strategy. He advised unity and one lawsuit.

The Toronto-based lawyer said there are three strategies that must be employed simultaneously in such matters. The threat of a lawsuit can force the government to participate in meaningful negotiations, he said. Making sure that the issue gets in front of the general public at the same time will also put pressure on the politicians and bureaucrats.

"I have this deep feeling that the Canadian public knows your cause is just," he told the veterans. "You were wrongfully treated and that must be undone. Canadians know they benefited from your service and they know in their hearts, this injustice must be undone."

The legal team believes they can prove that Indian Affairs intentionally tied to keep Native sodiers from reaping the full benefits of their service.

"The Indian agent only had to say, 'Why not go to Veterans' Affairs and explore your options?'," Klippenstein said of how Native vets were served by the government upon their return. "That may have happened, but we've never heard of it and we've listened to the stories of many, many veterans. The government was negligent. They were clearly wrong."

On the final day of the conference, Chief Bellegarde tried to close the deal. He informed the audience that the AFN's director of social development, Art Dedam, was now going to take on the task of being the national co-ordinator of veterans' issues and those issues would be looked after through Dedam's Ottawa office. He then asked the representatives from the various regions if there was any consensus on expanding the lawsuit. Many speakers from many regions spoke of being impressed with the Saskatchewan initiative, but none were prepared to commit that morning. Plans were made to use the AFN as a contact point so that an organized approach could be developed over the next several months.

Many of the veterans signed a declaration to adopt the Saskatchewan approach in principle. The declaration also "recommends and requests that the Assembly of First Nations, provincial and territorial First Nations organizations and First Nations governments, including chiefs and councils, adopt and provide necessary resources to this common effort in support of their respective First Nations veterans."

The original copy of the declaration was presented to National Chief Phil Fontaine who arrived for the final hour of the conference.

Fontaine commended the Saskatchewan veterans for their persistence and stated "the AFN stands firmly with you."