Get tough or
resign, Nisga’a

leaders

told

Chiefs accused of giving away farm

Stories by
JEFF NAGEL
SOME NISGA’A natives are

calling on their leaders to
resign over their refusal to
lake a tougher stance in treaty
negotiations.

The Nisga’a Tribal Council is
pressing forward to settle the
Nisga’a land claim more or less
in line with the provisions of the
agreement-in-principle signed
two years ago.

But Ray Guno and other
Nisga’a say their leaders should
be fighting for a better deal than
that on the basis of the Supreme
Court. of Canada’s landmark
Delgamuukw ruling handed
down Dec. 11 on the Gitxsan
land claim.

“We're calling for them to do the
right thing and step down,’ said
Guno, a Nisga’a college instructor
and commercial fisherman in New
Aiyansh.

He said he and many other
Nisga’a natives feel the NTC exec-
utive aren’t
making the
most of the §
opening cre-
ated by the
Supreme
Court deci-
sion,
viewed by
many to
strengthen
native
claims —_—to
aboriginal
title. 2

“Tl feel :
and alotof Ray Guno
people feel that they are just not
taking advantage of it,”’ Guno said,
‘“We just feel they gave away the
farm.’”

He said he’s not sure if the
leadership is burned out, or is get-
ting poor advice or if they’ve simp-
ly got too much time and energy in-
vested in the treaty currently pro-
posed.

‘*When someone has a big invest-

TREATY TALKS UPROOTED

@ The Nisga’a have been negotiating a final treaty
since signing a March, 1996 agreement-in-

ment in something they can

rationalize it any way they want,’ Jj

Guna said,

‘All the peaple I’ve talked to are
very angry,” he added. ‘I’ve
talked to some lawyers, They all
tell me we're being shortchanged
here.”

Guno says the Nisga’a need to
seize the chance that Delgamuukw
offers, ‘‘even if it means shredding

‘the current ALP. document and jet-

tisoning the current leadership.”’
Willard Martin, who runs a bed-

. and-breakfast in Greenville, also

wants the Nisga’a Tribal Council to
conduct a full review of their cur-
rent treaty direction in light of the
court decision.

If the tribal council won't do it,
he said, it should release money to
allow people like himself to get in-
dependent legal advice,

“We should have access to the
same resources the NTC does be-
cause they’re nat answering our
questions,’’ he said.

‘*They’re looking for all kinds of
excuses not to reopen certain parts
of it and 1 think there’s a growing
desire among the people to do
that,”’? Martin said.

Martin and others, particularly in
the coastal village of Kincolith, are
angry because many families’ tradi-
tional territory there has been cut
out of the trealy.

The decision on the Gitxsan case
is Seen as one that might undermine
the province’s insistence up to now
that treaty lands be limited to a

$ small part of a group's traditional

territory.

The Nisga’a § agreement-in-
principle indicates the final treaty
will give the Nisga’a 1,930 square
kilometres of land — about eight
per cent of their traditional terti-
tory.

“I will probably never use the
land I’m addressing but that docs
not mean my descendents won't
need it,’’ Martin said. ‘‘That’s the
way I have to look at it.”’

*‘And that’s the mood the Kin-
colith people are in. They want
other legal opinions. And I think

" they’re entitled to it.’’

NISGA’A TRIBAL COUNCIL president Joe Gosnell signed the
agreement-in-principle two years ago that put his people on the
final road to a treaty. But a Supreme Court of Canada ruling now
has some of them thinking it's the wrong road.

While negoliations go on year
after year, the bill continues to go
up for the Nisga’a team’s lawyers,
travel, accomodation and other ne-
gotiating expenses,

Those bills are being paid by the
federal government, but it’s consid-
ered to be a loan that will be
deducted later from the $190 mil-
lion final cash settlement.

Federal governmeat officials
won't say how much money
they’ve paid on belalf of the
Nisga’a so far, but Guno says the
figure is around $45 million.

That would mean the Nisga’a -

have aiready spent nearly a quarter
of their final treaty settlement on
negotiations.

And every day ‘hat the talks con-
tinue and more money is spent, the
final payout to the Nisga’a goes
down.

That angers people like Guno,
who frequently watch their leaders
travel to Vancouver and Ottawa
ad stay in hotels like Vancouver’s
Chateau Granville.

**They’ve upped their per diems
from $350 to $500 per day,’* Guno
says, adding he thinks that’s too
much,

‘T believe they no longer have
the imterests of the people at
heart,”’ he said. “‘They’re in it for

the personal gain, And they could
drag this on for a few more years.’’

As for the money spent on treaty
negotiations, Guno says, the leader-

Ship just gives a total number and —

provides no detailed breakdown of
how it was spent.

Martin shares Guno’s cynicism.

“The people on the general exec-
utive board are making something
like $80,000 a year in different
forms of compensation through
reimbursed travel expenses and
their per diem,'’ Martin says. “‘I
was on the negotiating team at one
point. I know how it works.”

While those in charge of the tribal
council are enjoying the good life,
Martin says, most of the Nisga’a
population is unemployed.

“They’re getting rich and we’re
getting poorer,’’ Martin says.

The annual Nisga’a Tribal Coun-
cil convention is coming up this
spring, but unlike past years, dis-
gruniled Nisga’a like Guno and
Martin won’t have a chance to vote
out their leaders this time.

That’s because last year the tribal
council changed the mules, switch-
ing from a one-year term of office
to a four-year lerm, 50 opponents
will have to wait until 2001 for a

chance to oust the current leader- |

ship.

B.C. guns for treaty

The Terrace Standard, Wednesday, March 18,1998 - AS

CORRESPONDENCE FOR THE TERRACE STANDARD

principle. It called for transfer of 1,930 square kilo-

metres of ‘core lands” In the Nass valley (8 per
cent of thelr traditional territory), $190 million,
resource rights, access to fish and wildlife, and
self-government options.

gi Numerous other native groups around the pro-

vince have also been negotiating treaties, most

expected to be patterned after the Nisga’a treaty.

w@ But the Gitcsan, whose territory Is centred on

the Hazeltons, always refused to buy Into the Idea

of selecting just a portion of thelr territory as

“core lands” and giving up the rest, They Instead
proposed co-management — they and the govern-
ment would together manage land and resources

on the entire 57,000 square kilometre traditional
territory. The province rejected that and the
Gitiean appealed lower court decisions against
them on thelr Delgamuukw court case, ;
@ The Supreme Court handed down its rullng
Dec. 11. It sald aboriginal title has not been ex-
tinguished, but the extent to which natives still
hold title Is up to them to prove. In the Gitxsan
case, It ordered a retrial, but continued to sug-
gest negotiations are a better option. Interpreta-
tions of what the ruling means are varied but

most observers agree that it slgnificantly strength-
ens the hand of native groups in treaty talks. One

likely outcome Is much greater consultation will
go on with native groups about land use deci-

sions. Tho court says In some cases government
will need the full consent of the native group and

that compensation will have to be paid.

Certainty words key

issue for Nisga’a talks

THE MAN who brought the Nisga’a talks
to an agreement in principle is now back al
the table to bring the final treaty home.

Jack Ebbels, now the deputy premier of
the ministry of aboriginal affairs, is also
now overseeing the final siages of the talks.

The move is lo convey that B.C. is
serious about concluding the Nisga’a treaty
— something Premicr Glen Clark under-
scored at the recent NDP convention,
saying he wants a final deal this year.

Clark also applauded the Nisga’a for their
decision to move forward with negotia-
tions, instead of radically altering course on
the basis of the Supreme Court of Canada’s
decision on Delganneukw.

While other native groups bave talked
about pulling out of the treaty pracess or
even launching their own court cases to a5-
sert aboriginal title, in the manner the
Gitxsan did, the ruling has caused barely a
stir at the Nisga’a trealy table so far.

Federal, provincial and Nisga’a uegotia-
tors are unanimous in saying that the deci-
sion is being studied, but has not resulted in
sweeping changes, pauses, slowdowns, or
other major deviations in course.

The central obstacle to the negotiations
now is certainty — the necd to find Jan-
guage all partics can agree to that guaran-

tees the deal is final and protects all sides.

Libera] leader Gordon Campbell is among
those who say natives must ‘‘cede, release
and surrender’’ their undefined aboriginal
rights and title, in exchange for defined
treaty rights.

Those words, in particular ‘ ‘surrender’’,
are a problem for the Nisga’a because they
bring connotations of coming out with their
hands up as a defeated people.

**That really leaves a bad taste in every-
body’s mouth,’’ said Nisga’a negotiator
Nelson Leeson. ‘We have a lot of pride.
We want to bring this treaty to a close ina
way that all of us can leave with our pride
intact and get on with life.”

The Nisga’a say the final treaty will ex-
haustively sct out their rights for all time,
and that the three words arent required.

That’s a non-starter, says Campbell.

‘‘When the federal government negotia-
ted with the aboriginal communilics in the
Yukon, they said they needed certainty and
the only way they could come up with is

‘cede release and surrender’,’’ Campbell
said. ‘It’s absolutely critical. British
Columbians want to resolve this issue but it
has to be one that creates long term
certainty.”

Clark indicated last week he is directing
negotiators to find some kind of com-
promise that avoids using those three
words.

Tsimshian to get more say in land use

NEGOTIATORS in the Tsimshian treaty talks
have agreed to more aggressively explore ways
to protect resources before a treaty is reached.

The issue of interim measures — taking steps
now while negotiations are underway — has
long been a big issue for the Tsimshian, who
see their future resource base declining each
year they negotiate.

The province generally agreed to consult with

natives, But the Tsimshian said the consultation.

never gave them a real role in decision making
on things like proposed developments, logging
plans, and new fisheries,

All three parties have now decided that’s
going to change and a more concerted effort

will now be made to give the Tsimshian a reat .

role.

The Tsimshian will also identify specific areas.
they’re interested in preserving from logging.

while negotiations are underway.

But Tsimshian chief negotiator Gerald Wesley

emphasized they're not out to simply torpedo
development.

‘We're interested in a process where we're
clearly involved for planning development and
énsuring there’s a way of benefitling from new
developments,’’ he said,

“I's been bugging us for too damn long now

Wesley Stevenson

aid it’s time to get on with it,” added Alex
Bolton, of the Kitsumkalum band.
The Tsimshian, whose territory covers much

of the north coast and mins inland as far as the

Terrace area, is also interested in establishing an
exclusive commercial clamming operation,
Wesley said.

Provincial treaty negotiator Mark Stevenson
sald the action is being taken because interim

measures were “becoming a crucial issue to the

success of this table.’’

“There are some things we will be able to
do,” be added, ‘‘and there are others that are
beyond my government’s abilities,’

Stevenson said interim measures have always
been a hot issue for the Tsimshian, but it’s be-
come more so since a Supreme Court of Canada
decision on the Gitxsan native land clainy in de-
cision.

The Delgamunkw case bas been interpreted by
many natives as slrengthening their case.

Stevenson says it’s too early to tell what it
will mean, but says the case will undoubtedly
mean changes to treaty negotiations.

“All of us are going to have to review our
mandates nd the way we do things,’’ Stevenson
said, “‘We may have to revisit some of the
things we've said at the table,”

Wesley said action on interim measures would
give Tsimshian leaders something to show their
band. members — who are increasingly im-
patient for results.

He sald expectations have been raised greatly
by the Delgamuukw decision,

“We as negotiators have patience,’’? Wesley
stid. ‘But our people are giving us pretty clear
signs that they may not have the same levels of
patience, There’ 8 pressures coming towards
us.’ ;

The Mail Bag

Yes to condoms

Dear Sir:

T reel with wonder at the thought that anyone would
think condoms cause (eens to have sex. ;

Think back to when you were a teen. Would the sight
ofa condom machine or a demonstration of how to put
one on have made you rush out and engage in premari-
tal sex? ;

A condom is more embarrassing than anything. To
consider its use must cause great anxiety in the average
teen. I wonder if condoms might even discourage teens
from having, sex, Condoms can prevent an unwanted
pregnancy and sexually transmitted diseases.

Teaching kids abstinence can help them make up
their minds. Religion and guidance cannon guarantee a
teen won’t succumb to her/his biological urge.

I get this creepy feeling that those against condom
machines kind of want the teen who makes the (possib-.
ly wrong) choice of having premarital sex to be
punished with pregnancy or disease.

Parents who don’t want their kids to be subjected to
the apparently overwhelming magnetic pull of a con-
dom machine can always tell them to look the other
way, and call on the strength of their God io help them
resist the temptation.

The rest of us can cross our fingers our kids wait to
have sex until they are ready, And when they are, that
there’s a condom machine lurking nearby.

Marianne Brorup Weston,
Terrace, B,C.

Rock on, CFNR

Dear Sir:

Thanks to CFNR for irying to bring some good eve- |
ning and weekend radio to this town which has lived in
the shadow of the Okanagan Skeena Group, specifical-
ly Skeena Broadcasters and CFTK Radio for far too
long.

When CFNR started to rebroadcast Rock 101 CFMI
as its wrap-around programming, myself and a lot of
people that I know were beside ourselves with joy.
Finally, redio in this town worth listening to!

But once again, we had our hopes up too high and
Skeena Broadcasters, instead of changing their pro-
gramming and trying to be competitive, whined to the
CRTC until CFNR was forced to stop broadcasting
CFMI,

If CFTK thinks it can censor what we listen to by
whining to the CRTC and using pirale-like tactics, they
are Wrong.

If you agree that censorship is wrong and the people "
of Terrace have a right to listen to what they want
when they want, then join me in writing letters, signing ,
the petitions that will be circulating and phoning OSG
to tell them that they can’t whine to whoeyer will listen:
when something doesn’t go their way.

Adam Kirkwood, Terrace, BC.

. kk kkk
Dear Sir:

Hats olf radio CFNR for delivering enterlaining radio
for the area listeners. Their association with CFMI,
Vancouver, has prompted me to dust off my FM .
receiver and enjoy classic rock again! Thanks to
everyoue at ‘the people's radio’, CFNR!

Andrew Wright, Terrace, B.C.
(received via email)

A man’s point of view

Dear Sir:

In reply to the March 4 letters from Debbie Scar-
borough and Karla Hennig.

There is no doubt that shelters and halfway houses
are operated at their best by ladies in our society, Never
ever have I seen a report of the other side of the coin. ]
am talking about the man who comes home from the
bush or place of work after 12 hours, looking for sup-
per, only to be told ‘‘il’s in the fridge, stupid”? while
the couch potato is watching Gilligan’s Island.

Ms. Scarborough lists six items as the reason her job
is there — let me turn this around. Some ladies should
never get married in the first place. They should be de-
pendents of ihe state or province. Please aote that not .
all men are psychiatrists or psychologists — some
ladies need one of them ever so often.

Most ladies ending up in Ms. Scarborough’s care are
those which can not look after iheir own. As the old
saying goes, you hit the dog too many times and he
will bite you. Tolerance is supposed to be the word but
please, both ways.

Marriage is a partnership in a sense, not a male in-
heriting a concrete block around his neck. Ladies using
the system as some clouds appear is not the answer.
Where there grow roses, there are thorns.

As to the RCMP and domestic violence, they have to
do what the law tells them but ] caution some would be
better served to clean up their own yard before coming
in to ours. Abuse of power and misconduct must be
published in your paper, { can only encourage Ms.
Hennig to get to the facts and have them released.

Men in general do not whine, they rather swallow. As
a pastor said, men have been crawling on their bellies
for so long they do not know how to go upright.

Manfred Lubke, Terrace, B.C.

Is this a telethon?

Dear Sir:

Applause 98. What is it? Telethon or half telethon,
half annual financial report.

I watch on television and attended this function
March 1 and was confused by this, mainly how the dol-
lars were reported on the tote board. The phones were
not exactly ring off the hook, And then the profits from
events were added in and then at the end, bingo profits.

How much money actually came out of telephone?
To me this Is not a telethon in the irue sense of the
word. I felt duped. Really glad I did not pledge.

There was also a lack of theatrical acts. Isn’t this sup-
posed to be a Terrace Little Theatre fundraiser? Where
were the actors? The skits? Something. I'm confused,
Someone please explain this concept to me. Won't be
going next year,

Larry Kowalski, Terrace, B.C.

The Terrace Standard welcomes letters to the editor.
Our deadline is noon Friday for the following Wed-
nesday's issue. Our mailing address is 3210 Clinton
St, Terrace, B.C. V8G 5R2. Our fax number is 250-
638-8432, We particularly welcome letters via e-mail.
Our e-mail address is
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