Natives Get New Rights

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From the T/C.

The province plans to introduce a sweeping bill that would recognize the existence of First Nations as the original inhabitants of B.C., with their own laws, governments, territories and title to land.

Aboriginal Relations Minister Mike de Jong is expected to bring the Recognition and Reconciliation Act to the legislature this month. It gives First Nations the right to make decisions and share in revenues from their traditional land, so they would benefit from mining, forestry, fisheries and other economic development. It also envisions an aboriginal council working on equal footing with the provincial government.

"I think if we do this together, it will represent change on a seismic scale," said de Jong, in a speech yesterday to the First Nations Summit, meeting in Victoria.

Recognition of rights and title would mean that, during lawsuits, the federal and provincial governments could no longer use arguments that deny the existence of First Nations.

"This would recognize that aboriginal rights exist throughout the province without proof of claim," de Jong said. "You should not be required to stand in court and call evidence of your rich history and culture and centuries of presence in this part of the world."

That recognition should speed up treaties and court cases, saving millions of dollars for First Nations.

At the root of the planned legislation is an 1859 declaration by B.C. governor James Douglas that the province's lands were unoccupied and all land in B.C, and minerals beneath the land, belonged to the Crown.

"It's not true. It wasn't true and we need to change that," de Jong said. "I think that opportunity is now, but we have to do it together. We have to lock arms and agree that this is the time, this is the place and this is the measure we can take."

Summit chiefs yesterday followed the Union of B.C. Indian Chiefs and B.C. Assembly of First Nations and voted in favour of working toward the new legislation.

Chiefs will talk to the government about drafting details, said Ed John, grand chief of the First Nations Summit. After 150 years of repression, there is still skepticism about government's commitment, but most chiefs are optimistic, he said. "This means that First Nations should be able to benefit from resource development in their territory," he said.

The whole province was, at one time, Indian territory, so the sweep is provincewide, John said.

A discussion paper on the proposed legislation, circulated among chiefs of B.C.'s 203 First Nations last month, sets out broad concepts, with details still to be worked out. One contentious issue is a suggestion that First Nations be reconstituted with 30 indigenous governments -- instead of 203 -- based on history and geography.

Hupacasath Chief Judith Sayers questioned the need for reconstitution, but de Jong said legislation will not dictate how First Nations are configured.

About 150 years ago, Canada re-organized First Nations on an arbitrary basis, said de Jong, who admitted it would be easier to deal with 30 groups instead of 203. "The leadership has indicated a strong desire and preference for moving back to traditional alignments of approximately 30 indigenous nations that existed before contact," he said.

Guujaw, president of the Council of Haida Nation, said the bill represents a change of heart for government. "It's a far cry from where we were when the notion was to exchange all our titles for treaties -- last week," he said.

Phil Fontaine, national chief of the Assembly of First Nations, said every government in Canada will look carefully at the B.C. bill. "I know the federal government will be under considerable pressure if this proposal … makes it through the legislature," he said.

From a rocky start, Premier Gordon Campbell has evolved into one of the most supportive premiers in the country, Fontaine said. "He came to the realization that B.C. wasn't going to progress without First Peoples as an integral part," he said.


Bravo!!!

Take only what you need.
 
Howdy,

Overall this is good news for BC's First Nations peoples. However, it remains to be seen if the various Tribes can amalgamate and become cohesive and effective, rather than disjointed and screwed-up like our White-man government.

While Fontaine was praising Campbell, I couldn't help but wonder if he was aware that Gordy is, first and foremost - an ENVIRONMENTAL RAPIST!
 
It makes me wonder if this letter had anything to do with the "New position" of the BC government? I think I know how it would have played out in Court.

quote:January 2009

To Whom It May Concern:

Ahousaht and Hesquiaht Nations have united. Through the undersigned Hawiih and on behalf of our people, we carry a mandate to advance our inherent Aboriginal title, exercise our authority and give expression to our self- governance. Our commitment was witnessed in a public declaration at the First Nations Summit on November 27, 2008 in Vancouver.

By exercising our authority- we maintain and strengthen our political, legal, economic, social and cultural structures. We are hereby furthering our rights to own, to use our resources, and to develop and control our Hahoulthee . We are giving power to our significant contribution to the development of this province and country and to our economic strength. It is our intention to fulfill our inherited role and take our rightful place in this economy today. We are putting immediate and specific plans in place in regards to royalties, licenses, fees, sales, use and management of all lands and resources within our respective Hahoulthee. Furthermore, Ahousaht and Hesquiaht recognize and will uphold and bring to life the legal victories of the First Nations people in BC and Canada in our Hahoulthee. Through this letter, our intention is to communicate directly that effective immediately:

o We are systematically increasing our presence in our territories so that all will know the power and deepest meaning of Hahoulthee and Hawiih- whether government, businesses or organizations

o We will call upon our traditional laws to use and access the resources in our Hahoulthee with permission from our Hawiih

o Any economic activity in our Hahoulthee must be granted by the permission and authority of our Hawiih

o We are creating plans of action to work together for our economic benefit in our Hahoulthee by addressing- Self-governance, Lands and Resources, Parks and Industry in a phased approach

o We will manage and benefit from the wealth of our Hahoulthee

We extend an invitation to meet in regards to our plans and implementation. For further information please contact Guy Louie and Joe Tom at 250 726 2446.

In the spirit of the New Relationship, and for the well-being of our people,

Take only what you need.
 
Litany of concerns’ delays bill for natives
Action on expanding rights postponed until after election

By Katie DeRosa, Times Colonist March 15, 2009

The provincial government and First Nations leaders will postpone a controversial bill expanding the rights of aboriginal people until after the election, allowing more time to consult with business and industry groups left out of the decision-making process.

Aboriginal Relations Minister Mike de Jong was set to introduce the proposed Recognition and Reconciliation Act to the legislature this month, but announced Saturday it would be delayed.

Grand chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, cited a “growing litany of questions, concerns and issues” from First Nations, business and industry leaders. “We felt it was reasonable to postpone the legislation until there is an opportunity for broader consultation,” Phillip said.

Announced at a First Nations summit earlier this month, the legislation would recognize First Nations people as the original inhabitants of the province with their own laws, governments, territories and title to land. It would also give First Nations decision-making powers and a cut of the revenues from their traditional land, which includes mining, forestry, fisheries and other economic development. That came as a shock to the business community.

“There were some serious issues and concerns that needed to be addressed in the act,” said Rick Jeffery, CEO of Coast Forest Products Association. He pointed, for example, to the complex legal process of determining a revenue-sharing agreement between businesses and aboriginals.

The government has heard concerns from the mining and forestry industries, the B.C. Business Council and chambers of commerce worried about “unintended consequences” of the act, said Jeffery, who has been in talks with the government over the issue in the last few weeks.

Norman Ruff, political science professor emeritus at the University of Victoria, said the government demonstrated “undue haste” in trying to rush the act forward. Industry groups who will be affected were left out of the consultation process until recently, he said.

“Alarm bells started to ring in the business community,” Ruff said, adding their biggest concern is how much aboriginal land rights will expand beyond what the courts have already recognized.

Ruff said instead of putting the act on the legislative backburner, the government should have tabled it as an “exposure” bill, allowing submissions and making clear that it is open to changes until it can be revisited after the election.

First Nations groups said they are confident the bill will not die after the May 12 election.

“We remain firmly committed to having this brought forward after the election,” said Shawn Atleo, B.C. regional chief with the Assembly of First Nations. The goal is to strengthen the act and create benefits for business and aboriginal communities, Atleo said, so that once it passes, B.C. will be seen as the most attractive investment area in the country.

In the next few months, the government will consult industry players and First Nations groups to create more certainty around aboriginal land title, said de Jong.

“People need to have a clear understanding of what is proposed,” he said — something that’s unrealistic before the provincial election.

The act is meant to bring aboriginals, the government and the business community together, not create division, de Jong said.

The University of British Columbia and Simon Fraser University will hold an open forum March 20 at the Wosk Centre for Dialogue in Vancouver where people can ask questions and share feedback about the proposed legislation.

kderosa@tc.canwest.com
© Copyright © Canwest News Service

http://www.timescolonist.com/Litany+concer...1103/story.html
.....................................................................

Could be in error here, but the scuttlebutt on the street suggests El Gordo had to be forced by his own caucus to delay this one due to fears over the potential impact to their party in the upcoming election. If true, this represents amongst the first of such occurrences here in BC. Too Little, Too Late IMHO. Looks like the Fool at the Helm kinda forgot where his support base has historically been, and has raised the ire of the business community, all in an effort to garner the FN vote.
There's been more than sufficient grounds for concern that have been blatantly ignored by this gov (small "g" intentional) to this point. Thus, my mind is already well made up, and Gordo & The Clowns don't even enter the picture.

Cheers,
Nog
 
quote:The University of British Columbia and Simon Fraser University will hold an open forum March 20 at the Wosk Centre for Dialogue in Vancouver where people can ask questions and share feedback about the proposed legislation.

This will meet the requirement for the public to have had "consultation"?

Take only what you need.
 
quote:Could be in error here, but the scuttlebutt on the street suggests El Gordo had to be forced by his own caucus to delay this one due to fears over the potential impact to their party in the upcoming election. If true, this represents amongst the first of such occurrences here in BC. Too Little, Too Late IMHO. Looks like the Fool at the Helm kinda forgot where his support base has historically been, and has raised the ire of the business community, all in an effort to garner the FN vote.
There's been more than sufficient grounds for concern that have been blatantly ignored by this gov (small "g" intentional) to this point. Thus, my mind is already well made up, and Gordo & The Clowns don't even enter the picture.

Cheers,
Nog

Well you can always vote NDP...



Take only what you need.
 
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