Lawyer fears new amendment

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The proposed Kamloops Amendment to the Indian Act announced at the Native law conference in Vancouver is "going to make no difference at all," says a University of Saskatchewan law professor.

Speaking on the second day of the conference, Richard Bartlett said the amendment may help some bands in British Columbia where industrial parks and tourist attractions have already begun, but for the vast majority who have no economic base, there will be little change.

"The most effective way of getting an economic base is through income tax," he told delegates. Bartlett explained that according to the Canadian constitution, only the federal government has the power to collect income tax. Provincial governments can implement sales taxes and municipal governments only have the power to enforce property taxes.

"This amendment reinforces the fact that the government wants to ensure Indian nations only have municipal 'self-government' because bands will only be able to collect property taxes," he said.

However, Bartlett pointed out that Indian nations did not "surrender the power to tax in the treaties. But that unfortunately is not a proposition that Canadian courts accept."

The amendment does not address the real problems facing most bands, and although many of these problems could be addressed through implementing income tax, any band bylaw must be approved by the minister, said Bartlett.

"The minister may or may not approve the bylaws. Bands encounter a faceless bureaucracy and the 'deadly-duo' of the Justice Department and the Department of Indian Affairs. I am sure I don't need to tell you that the decision is based on what is good for the government, not on what is good for the Indian people involved," he said.

"This is clearly a conflict of interest. The department of justice isn't interested in the bands, but in government protecting its position. There is no chance that income tax would be approved."

Bartlett is also concerned over the provision for an advisory board because although the minister said the board would contain some Indian board members, these people would be appointed by the minister.

"The advisory board is just that ? it advises the minister. It doesn't have any power. It becomes clear that the board's advice will go to the minister and whether he should approve a particular 'band bylaw.'

Bartlett says he is concerned over the future of Indian nations because of such legislation as the Kamloops amendment.

"I am not enthralled with the DIA model of municipal government . . . the government is doing very well, especially in getting the word 'self-government' in the Sechelt Act," he said.

However, Bartlett predicts that "some kind of breakthrough" in Indian rights will be made this year either in Ontario or British Columbia.

"Ontario, because of its history of land rights . . .and B.C., the most belligerent . . . is the most notorious and it's because of this there may be the possibility of change."

Bartlett was speaking on the final day of a two-day conference on Native taxation and economic development held at the Justice Institute in Vancouver on the Aug. 31 weekend.