Treaty rises above tangle of B.C. politics, says fed FEDERAL INDIAN affairs minister Jane Stewart brought a message of recon- ciliation on land claims dur- ing a quick visit to Terrace Nov. 5. And she declined to get into the over-heated partisan arena of provincial politics ° that has dominated debate on the Nisga’a treaty since it was initialed Aug, 4, “From our point of view this is a priority, not a short term one, but a long term one to meet the constitu- tional and legal obligations we have,”’ said Stewart of the Nisga’a treaty and of land claims in general. “We are of the belief Brit- ish Columbians must have information on what the treaty is. This is not about | _ politics. We're trying to build awareness and under-- standing.” Stewart described the fed- eral strategy as slow and steady. “This supersedes politics, I don’t want to speak about what's happening in B.C.,’’ she responded to a question about the provincial politi- cal atmosphere surrounding land claims. Instead, Stewart described treaties as ways of defining native rights that are enshrined in the constitution and then using them to build new relationships. “People need time to un-. derstand these things, to un- derstand the issuwes,’? she said. And in the case of the Nisga’a deal, Stewart said it FEDERAL INDIAN Affairs minister Jane Stewart pauses with Mayor Jack Talstra following a Nov. 5 luncheon in Terrace. The city was one of three Stewart visited last week to give the federal side on the Nisga’a trealy. was realistic and fair. **This is an opportunity to move forward from a better platfonn than we have had in the past,’’ she said. Stewart spoke to a lun- cheon crowd of municipal politicians and business leaders. She told the audience she expects federal legislation to bring the treaty into force will be before Parliament carly in the new year. That will be done in co- operation with the provin- cial government — which has to introduce its own legislation in the legislature Treaty clause gives Nisga’a loss coverage | A SECTION in the Nisga’a treaty could | see receiving cash if they lost any treaty bencfits because of land claims overlaps. The seclion concerns replacing benefits should the Nisga’a lose any of them to another native group when it settles its own land claim, The section is intended to address overlapping claims and a federal policy which once held that it wouldn't conclude treaties unless conflicting claims to the same resources or land were setiled first between the na- _tive groups. In the case of the Nisga’a, it primarily concerns the Gitanyow who have their own claim and whe have slated for years that their resources and lands are wrongfully part of the Nisga’a trealy negotialions. The seclion also applies to any court decision which could’ rile that another proup’s rights are adversely affected by Nisga’a treaty benefits. In a Nisga’a intemal docu- ment explaining the treaty, the clause concerning anoth- er group’s claim settlement is explained as follows, Should ‘the provisions of the other agreement adver- BC Tel in court again LAWYERS for BC Tel en- tered a not-guilty plea in a Smithezs courtroom Nov. 3 on one charge of introduc- ing waste into the environ- ment. The company has hired Alan Blair from the Vancouver-based Jaw firm Lawson Lundell Lawson & McIntosh. The charge — with a max- -imum penalty of $1 million — stems from an Aug, 1997 incident when 4,000 litres of diesel fuel allegedly spilled from a BC Tel repeater sta- tion near Meziadin Lake. The next scheduled court date is Apr. 6, 1999 when lawyers will confirm a fixed: trial date. them . sely affect Nisga’a rights set out in the Nisga’a...Treaty,. ‘Canada or British Columbia, - as the case may be, must provide the Nisga’a Nation with additional or replace- ment rights or other ap- propriate remedies,”* Federal treaty negotiator Tom Molloy said it is hard to speculate on how the sec- tion will be interpreted when it comes to replace- ment benefits, It may be, for instance, in the case of a fishing site, that treaty rights for both Nisga’a and another native group could be accom- modated, he said. Molloy did concede a re- placement benefit to the Nisga’a could be assigning them other land in another location. **There is also cash as an oplion,”’ said federal Indian Affairs minister Jane Stewart while here on a short visit last week. She said that could happen if the benefit to be replaced was negotiated as having a cash value. The section indicates the Nisga’a and the federal and provincial governments, as the case may be, will go to arbitration should they fail to reach agreement on re- placement benefits. — and with the Nisga’a to ensure what's enacted fils treaty terms, said Stewart. As for the provincia] Lib- eral court challenge of the treaty which, if successful in declaring it a constitutional amendment, could result in a referendum, the minister said her government is pre- paring its statement of defence. ; ‘*This is putting the con- stitution into practice in a realistic and rational way,” said Stewart of the Nisga’a treaty. She was accompanied at the luncheon by Nisga’a Tribal Council president Joe Gosnell who told the audience the Nisga’a simply want what everybody else has, ‘T envy you people here. I lock out the window and I see a major highway, black- top,’’ said Gosnell. , ‘We're in, the rainy sea- son now, we walk around in muud,”’ “We envy what we see around us. We want to be at the same level, nothing more, nothing less,” Gos- nell continued. He said there will be op- portunities for joint ventures using resources that will go to the Nisga’a when the treaty comes into effect. The Terrace Standard, Wednesday, November 11, 1998 - A15 CRAVE al 635-TIPS STOPPERS The ultimate gift in personal expression. Personal, private, professional photography. A husband and wife professional team. Spice Up Your Special Someone’s Christmas: Open Weekdays until 7:00 pin. A eS fal Images by Karlene and Custom Video & Photography now offers Boudoir photography: 4652 Lazelle Avenue 635-4997 eee o — Sunday Brunch Buffet 10:00 AM - 2:00 PM “THE BEST. Chet Georg Troeher and Staff have created a beautifully presented buffet with Eqgs Benedict, Eggs Pacifico, Eggs Florentine, Omelettas, Pancakes, Bacon, Ham, Sausage, Meee =oour Famous Bread Pudding, an Assortment of mem Frash Baked Goods, Various Salads, Fresh Fruit, A oand Entrees that change weekly and more. Only $10.95 Children Under 12 $5.00 Children Under 3 Free RESERVATIONS: 635-0083 In the Best Western Terrace Inn Fri. Nov 13 Sat. Nov 14 McCalls Simplicity __ - PATTERNS | al instore stock! *Members 99 ea cote B Guiermann THREAD 90% holyestor 100m Spoals * Members Butterick a : PATTERNS 7 > All instore stock! *Members FABRICS ; Fashion, Quilting, Drapery, Upholstery, Christmas. All regular priced instore stock! * y 30°-7 10° of Regular Price Burda PATTERNS All instore stock! *Members BUY 1 GET 2 FREE pase (Of equal or lesser valve) tam 9:30 -6:30 ff 9:30 - 9:00 & 9:30 - 5:30 Mon. - Thurs. | The government is misleading you about the Nisga’a Treaty. The Nisga'a Government The tresty atfows the Nite peat te yewun Unerndtlees ti way oo rayurbic ie wrnull pal gayenment. the Canvdian Con sttitlon the rare ar Elahts did [reeduiny, and Was Calas. { nas will apply cathy Nigga people, They, say t the Nisga’a government will be like a municipal government. "The Treaty allows. the Nisga’a people to govern themselves in a way comparable to a municipal _ Bovernment, The Canadian Constitution; the Charter of Rights and Freedoms and the Criminal Code will apply to the Nisga'a people.” . “NOT TRUE. The Treaty Says: : . + Nisga’ a goveriment nil consist ofa central government, four village governments and even extend j its reach lo Nisge a living Isewhere.in Britis ° Columbia There are 9500 Nisga’a in British Col umbia, of whom 2500 live in nthe Nass valley. . : _ 7" This government is ethnically based. Ethnically based municipal government would be egal ee 2 Municipal powers can nbe reduiced at any time by the province Nisga'a powers can never be. areas, ance land use, education, lamily services, health delivery, business laws, culture and citizenship *On the subjects listed above Nise a laws will overside federal and provincial laws if there! isa conflict SPONSORED BY NLACHK PRESS ;