According to Jack Weisgerber,
B.C.’s Minister of Native Affairs,
last Friday's ruling by Chief Jus-
tice Allan McEacherm is a clear
message for the province to find a
"new arrangement" with native
Indians. At the same time, Weis-
gerber sugeests a sense of urgency
in identifying this "arrangement".

"There is a long-standing, pro-
found sense of grievance on the
part of Native people who feel
they have not been fairly treated
through history," says Weisgerber.
And therefore, even without a clear
picture of just what this "new
arrangement" might look like, it is

important, according to Weis-

gerber, that the province responds
"quickly, fairly and honourably”,

Questions remain, though: How
to respond?. And, where does the
federal government fit into the
picture?

According to Weisgerber: "The
decision of the Chief Justice sets
aside for now the need to debate
the legal and constitutional fine

Oo ED aaah!  wabeotbol —- ales’ evs aed

Ad Terrace Review — Wednesday, March 13, 1991

Court decision lays new y obligations on province

__..by Tod Strachan

points of the issue. After twenty-
five million dollars and almost
four years, the fact remains that
the fundamental needs of abori-
ginal British Columbians remain
unmet."

He says the "outstanding land

question" remains the "overriding
concern of the aboriginal peoples
of British Columbia". But the
resolution of the land question,
according to the province, is a
federal responsibility.

Other factors involved in this
"new arrangement" are alluded to
in a press release. According to
Weisgerber, "As citizens they
(natives) remain in need of specific
social services, while as commun-
ities they lack the tools they need
for self-sufficiency."

Also, "...the appalling state of
native health and social conditions
are some of the fundamental fac-
tors which must be addressed.

And, "We must recognize that as
a society we have failed to address
the special needs of aboriginal
people and to find ways in which
they could more fairly share in the

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benefits of our natural and eco-
nomic resources."

But none of this is new. What is
new, according to Weisgerber, is
the fact that the McEachern deci-
sion is the first court ruling in
history to assign a province a
fiduciary relationship (a trust-like
obligation) with aboriginal peoples.

"This decision indeed has done
so ina manner which will remind
each member of this government
of our unique responsibility
towards the Indian people of
British Columbia," Weisgerber
said, but added, "The Chief Justice
indicates that this government must
always keep the honour and the
obligations of the Crown in mind
in directing the development of the
province."

Middle ground might be. found,
though, in another statement made
by Weisgerber: "The overriding

obligation indicated by this deci-
sion, however, is for governments
to develop new initiatives directed
at eliminating the social and eco-
nomic disadvantages of aboriginal

-peoples in British Columbia."

The key word here, perhaps, is
the plural form of government, and
with this said Weisgerber calls on
the federal government to lead in
the formulation of a new arrange-
ment. .

"The paternalistic and regulatory
structure of the Federal Indian Act
which governs Indian lives is not
compatible with the type of new
relationship towards which we
mist work," says Weisgerber,

Neither legislative changes at the
federal level nor a "new arrange-
ment" between natives and the
federal and provincial govern-
ments, will change the province’s

current roll in seeking and agree-
ment with the Nisga’a, says Weis-
gerber. But it may change the
"dynamics", he says.

Exactly how these "dynamics"
might change isn’t clear. But
Weisgerber does say in general
terms: "Whether our response to
this condition — a people isolated
by social and economic inequality
— is based on the platform of land
claims negotiations, or on the ‘new
arrangement’ and ‘reasonable
accommodations’ recommended by
the Chief Justice is not, in the final
analysis, of critical importance.

"What is important is that the
Province assure Indian people and
all British Columbians that we
intend to continue, and indeed to

accelerate, our efforts to change

the fundamental conditions which
have led to this present state."

It’s a crime.

Violence
Age ainst Women
‘isa Crime

What happens in some
homes is criminal.

One woman in six is abused
by her partner.

It’s not just a family matter.

And it has to stop.

Here in British Columbia,
ministries of the Provincial
Government are working
with community groups
to solve the problem.

If you’re a victim or

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