A8 - The Terrace Standard, Wednesday, August 2, 2000 Libs appealing Nisga’a ruling | By JEFF NAGEL THE B.C. LIBERAL party is appealing a court ruling last week that dismissed their challenge of the Nisga’a treaty. The decision, handed down July 24 by B.C. Su- preme Court Justice L. Paul Williamson, rejected the key argument of party leader Gordon Campbell and two other MLAs that treaty self-government pro- visions are unconstitution- al because they would cre- ate a third order of govern- ment. B.C. Liberal aboriginal affairs critic Mike de Jong said the ruling opens the door for many other native groups to also seek self- government powers. “This decision as il stands will have a fairly profound impact in terms of self-government around the country,” he predicted. Williamson, in his rul- Mike de Jong power was divided be- tween the federal govern- ment and the provinces at the time of Confederation. That, the Liberals had argued, extinguished in 1867 any self-government powers natives wielded prior to then. _ Therefore, they said, the law-making authority .of Nisga’a government - that must be struck down. “Although the right of ahoriginal people to gov- ern themselves was dimi- nished, it was not extin- guished,” Williamson ruled, One example, he said in his written judgement, of powers aboriginal gov- eriments have continued to hold and exercise is the power to make treaties binding on their people. The Liberals had cited the B.C. Court of Appeal tuling in the Deleamuukw Gitksan land claim case that “the division of gov- ernmental powers between Canada and the provinces left no room for a third order of government.” Williamson, however, said the Supreme Court of Canada’s decision to order a retrial in that case “indicates they disagreed with that conclusion.” In response to com- unusual. “Provinces have resi- dency requirements and citizens who move from one province to another may find there is a wailing period during which they may not vote,” he stated. “Citizens are. subject to the laws of regional dis- .tricts, municipalities, and various administrative boards, the regulations or by-laws of which have the force of law, yet frequently they are not eligible to vote in elections for such bodies, the members of many such agencies being appointed or the right to vote in elections for such bodies being restricted.” “It is worthwhile noting that while the Treaty en- sures that certain people are guaranteed Nisga’a ci- tizenship, it also permits the Nisga’a government fo grant such citizenship to other persons,” he said, ‘can’t supercede federal or provincial powers, and the parts of the treaty that do ing, rejected a key pre- mise of the court chal- lenge: that all legislative “He also noted many powers conferred to the Nisga’a by the treaty are plaints the treaty will deny non-natives voting rights, Williamson said that's not Health body waits for budget PLANS TO to improve health care services here are on hold because the Terrace and Area Community Health Council has no idea how much money it has to spend, Although the new fiscal year began April 1, the pro- vincial government has yet to approve budgets here or for any of the other 51 regional or community health au- thorities across the province. Instead, health authorities have been told to keep ser- vices at the level of last year for the time being. While it’s not unusual for public sector bodies to not have final budgets in hand when their new fiscal years begin, three and a half months have passed since the new fiscal year started. “From all appearances, we may not know until late fall,” said community health council chief executive of- ficer Dieter Kuntz last week. On hold here is a list of budget requests which in- clude hiring more nurses at Mills Memorial Hospital for its main ward and intensive care unit. Nursing shortages last year resulted in admittance re- strictions, drawing criticisms from local health care ad- vocates, Also wanted is more money for the ophthalmology program. The provincial government hasn’t increased its contribution for this service since 1994 and Mills has had to divert monies to keep up with expenses. Kuntz said the lack of a budget is a challenge. “We have a budget document here ready to send down but we haven’t been asked to do that yet,” he said. As things stand now, the health couneil is running a monthly deficit. That’s because while it is operating using last year’s budget figures, it has had labour, supplies and other cost increases to pay for since the new budget year began. Meanwhile, a health ministry official says it is work- ing diligently on figuring out how much health care au- thorities will have to spend this year. “There is no time line [to release budget figures] but we do realize the delay is causing some problems for health care authorities,” said Nadine Criddle. Last year, the local health council received its final budget in mid-May. Criddle did say the health ministry has provided some extra monies for wage increases in advance of knowing final budget figures. Kuntz speculates the delay may be caused by nego- tiations between the federal and provincial governments for more money. Since the mid-1990s, cuts in federal health transfer payments to the provinces have resulted in severe bud- get squeezes. But improvements in federal finances now raise the possibility of increased payments to the provinces which will then be parcelled out to hospitals and other facili- ties. The health ministry's Criddle did acknowledge that one reason for the budget delay comes from a one-time cash payment made by the federal government to B.C. for the current budget year. “There are still discussions underway as to how some of the money is to be utilized,” she said. - As well, a new round of talks are now underway be- tween Ottawa and the provinces which could result in an additional amount of money this year, severely limited. In some cases in a conflict federal or provincial laws override Nisga’a laws. In other cases Nisga'a-created standards must meet or cx- ceed federal and provin- cial standards. “The legislative powers of the Nisga'a Government are significantly limited by the Trealy,” he said. B.C. aboriginal affairs minister Dale Lovick called the decision confir- mation the treaty is valid, and denounced the oppasi- tion plan to appeal it fur- ther. - e-mail: nhst@ke: r ny ‘Northern Hearing | if ty Training. IWA likes contract MEMBERS OF the [WA have voted in preat num- bers to accept a three-year contract giving them raises of two per cent in each of those years. The contract was reached after a nine-day strike which shut down sawmills the end of June and beginning of July, The acceptance rate was 83.6 per cent among coastal workers, which in- cludes northwest IWA members, There are more than 30,000 IWA workers in BC. NOTICE TO ALL CONSTRUCTION WORKERS IN THE TERRACE AND KITIMAT AREA The Carpenters’ Union is raquesting information from alt resident construction workers who applied to work on the new Kitimat Hospital currently under construction. INFORMATION REQUESTED: When did you apply? Position applied for: Carpenter, Labourer, lron Worker, Teamster, Plumber, etc. Which company did you apply to? Were you called for an interview? Were you hired? If so, in what capacity? If not hired were any reasons given? Please {ill in the blanks, and mail or fax to: Carpenters Union RO. Box 94, Prince Rupert, B.C. V8 3P4 Phone (250) 624-5617. Fax (260) 624-3497 or (250) 635-4687 Leave a message at (250) 695-4747 or (250) 639-9339 ALL REPLIES WILL BE HELD IN THE STRICTEST CONFIDENCE. ’ Phone: 604-689-0878 ut sy “< 3 James W. Radelet RADELET & COMPANY Barristers & Solicitors Tax Law ¢ Trusts * Corporate & Commercial 1330 - 1075 West Georgia Street, Vancouver, B.C, V6E 3C9 steak night in town! Royal Canadian Legion Branch 13 - Terrace a RRO BR RR ERR EB SERRE First Friday of Every Month Juicy Steak - Baked Potato - Salad 5:00 p.m. servings BRR RRR RR UBER RRR eee: Member & Bonafide Guests Welcome. 19 years and over only please. Fax: 604-689-1386 MAJOR AMENDMENT #1 by a windstorm in July 20, 1999. and Parks, and the Ministry of Forests. July 12, 2000 to August 10, 2000 {Monday to Friday, 8:00 am to 4:00 pm) July 12} 2000 to August 10,2000 (Regular Operating Hours) Office to arrange an appointment. blocks. ms PUBLIC VIEWING OF PROPOSED RTSH 1999-2003 FOREST DEVELOPMENT PLAN SPRING CREEK AND DEEP CREEK COMMUNITY WATERSHEDS Notice is hereby given that the Small Business Forest Enterprise Program will hold a public viewing of a proposed Major Amendment to the Forest Development Plan for the Kalum District. This amendment covers operations in the Spring Creek and Deep Creek Community Watersheds, and dperations adjacent to Spring Creek Community Watershed. This amendment is to-allow for the salvage of timber that was damaged This draft Forest Development Plan amendment shows the location and development of proposed harvesting and road development that is planned to occur over the next year. The amendment also includes information on the maintenance and protection of other resource values in tie area. Itis available for raview by resource agencies and the public before joint approval is considered by the Ministry of Environment, Lands ° The purpose of presenting the plan, is to provide the opportunity to address any con- cerns of the public or other resource users. The Forest Development Plan Amendment will be available for review at the dates, times and locations listed below: Ministry of Farests - Kalum Forest District #200-5220 Keith Avenue, Terrace, British Columbia V8G 1L1 Terrace Public Library 4610 Park Avenue, Terrace, British Columbia V8G 1V6 Anyone wishing to view and discuss the proposed Forest Development Plan amend- ment with a Ministry of Forests representative, may contact the Kalum Forest District Please forward any comments, questions or concerns In writing to Barb Lenardi, R.B.E, or to David Nicholson, A.P.F, at the Ministry of Forests, #200-5220 Keith Avenue, Terrace, British Columbia V8G 1L1 no taler than July 21, 2000, for the pro- posed road construction, and no later than August 10, 2000, for the proposed cut 2) , Ministery of Forests Sees & EB _ Anytime. Anywhere, aR ad a.