Justice delayed justice denied, delegates told

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The Native Council of Canada in Alberta hosted a conference Sept. 11 to deal with problems resulting from the delay by First Nations and the federal government in implementing Bill C-31. About 60 delegates directly affected by the 1985 Indian Act amendments attended.

Doris Ronnenberg, president of the council, addressed the assembly regarding the group's 12-year battle to have people's band membership rights restored following the Federal Court of Appeal judgement in the "Twinn" case. Ronnenberg linked denial of band membership rights with denial of women's rights.

"The tragedy," Ronnenberg said, "is that government and the Twinn case is penalizing poor people. If we pride ourselves in being traditional people, we would not discriminate [against our own]."

Delegates, most of whom were familiar with the issues, heard how Walter Twinn, Wayne Roan and Bruce Starlight sued Canada on behalf of themselves and their respective bands - Sawridge, Ermineskin and Sarcee (now T'suu T'ina) - petitioning the court to invalidate the 1985 amendments enacted by Bill C-31. The appellants oppose the reinstatement of full band membership to "C-31s." The most basic issues are who has the right to band membership, who has the right to live on reserve land and who decides the questions.

The appeal court did not dispute the trial judge's conclusions, which upheld Bill C-31; nevertheless it set aside the lower court's judgement and ordered a new trial based on its finding that there was "a reasonable apprehension of bias on behalf of the trial judge." Now some reserves are using the excuse that the case is still before the courts to avoid granting band membership and membership rights to their own relatives, attendees heard.

Richard Long, Native Council of Canada's executive director, also spoke to the delegates. Keith Chief Moon from the Blood Reserve in Stand Off, Alta. chaired the meeting. Special guest was Native Council of Canada's barrister, P. Jon Faulds.

The meeting's specific objective was to seek a mandate from delegates as to how they want the organization to proceed on their behalf immediately, as opposed to waiting until the Twinn case is disposed of by the Supreme Court of Canada, which Foulds estimates could take another four years.

Delegates got an overview of the 18 categories of people who were labeled "non-status" Indians before Bill C-31 was passed, and heard how the legislation has allowed some, but not all of them, to regain their status as registered Indians where it had been removed, or obtain status where it was previously denied.

The morning was given over to remarks from delegates on how their lives had been adversely affected by their home communities denying them full or any membership rights. They talked about the ways individual bands choose to interpret or ignore the law, denying them housing, education funding, employment or training, economic development opportunities and health benefits.

By late afternoon delegates were putting forth suggestions for action.

Two points dominated. The people expressed "a desire, mandate and wish to have something [done] now," as Richard Long summed it up, and they wanted to know how they would pay for their activism.

Delegates told the Native Council of Canada they want a Native Council of Canada local created in Edmonton to work on C-31 reinstatement issues affecting nearby reserves. People are submitting their names to Ronnenberg and the board for consideration. At press time, Long confirmed that three of the five people needed to initiate the groundwork have been selected, one being a youth. The parent organization will incorporate them as a legal entity that will control its own funds.

Native Council of Canada is also attempting to form locals in Calgary, Lethbridge and HighLevel. Fort McMurray already has a local, of which Henry Cook is president. Cook was among the delegates.

Foulds will initiate action in court this month to make the federal government enforce their ights through a writ of mandamus. Minister of Indian and Northern Affairs Robert Nault, or the Justice Department may be named as parties to the suit.

Long said he, on behalf of Native Council of Canada, will look for financial support from the Court Challenges Program of Canada. He said that program is administered by Heritage Canada, yet is arm's length from government. Up to $50,000 is available for legal fees for a trial and up to $30,000 for an appeal, he added.

At the same time, Foulds will interview people who want to sue Her Majesty in Right of Canada, and who will be willing to stick with the case to the end.