April 4, 1991
Enclosed for your information is a copy of a resolution on the
recent Gitksan-Wet'suwet'en decision passed by the Union of British
Columbia Indian Chiefs.
UNION OF B.C. INDIAN CHIEFS
CHIEFS' COUNCIL
MARCH 13, 1991
RESOLUTION
WHEREAS in the Gitksan case Chief Justice McEachern has ruled that
aboriginal title and aboriginal rights do not exist in the
territory known as British Columbia; and
WHEREAS we, the original peoples of this land, have never
surrendered our title and rights, have never been conquered and
have never ceded our territories by treaty or otherwise; and we
reject the Chief Justice's brutal pronouncement that Might is
Right; and
WHEREAS the Chief Justice has ruled out that the Province of
British Columbia has fiduciary obligations to our people arising
from the extinguishment of our title and rights, we wholly reject
the concept of provincial fiduciary obligations since to do
otherwise would mean agreeing that our title and rights have been
extinguished, which they have not; and
WHEREAS, following upon the racist extinguishment and termination
doctrine propounded by Chief Justice McEachern, the federal and
provincial governments are now trying to seize the opportunity to
once and for all obtain our consent to extinguish our title and
rights through hasty negotiations; and
WHEREAS, even before the decision by the Chief Justice, the federal
government maintained and continues with its comprehensive claims
policy which requires extinguishment of aboriginal title and rights
and excludes self-government from treaty negotiations on the Land
Question; and
WHEREAS the provincial government continues to put forward "Guiding
Principles" for their "Made-in-B.C." land claims policy, which
reflects the same extinguishment and termination agenda found in
the Gitksan decision and the 1969 "White Paper"; and the provincial
government has served notice it intends to have these principles
adopted by the Legislature of British Columbia; and
WHEREAS the federal government has embraced the province's "Guiding
Principles"; and
WHEREAS, despite the genocidal Gitksan decision, some Indian
leaders remain willing to participate in the governments' cynical
land claims process by serving on a tripartite Task Force; and
WHEREAS, following the Gitksan decision, these leaders continue to
express "optimism" that something positive will come out of the
Task Force; and this amounts to saying you are "optimistic" facing
the firing squad because it will be over quickly; and
WHEREAS the First Nation members of the B.C. Land Claims Task Force
have no right to negotiate positions or to "streamline processes"
to settle the Land Question on behalf of B.C. First Nations -- to
do so being a violation of the Order of Respect; and
WHEREAS we member the words of our late Grand Chief George Manuel,
that "it is better to leave our children with the legitimacy of the
struggle than to leave them a settlement they cannot live with;"
1.) That the Union of B.C. Indian Chiefs calls for the operations
of the B.C. Land Claims Task Force to be suspended or terminated
until aboriginal title and rights are affirmed by the courts,
legislation or political agreement and until extinguishment is
removed from the agendas of the federal and provincial governments;
2.) That the Union of B.C. Indian Chiefs encourages all First
Nations to stand together behind the recognition and affirmation of
our aboriginal title and rights and to oppose all court decisions
and policies of extinguishment;
3.) That, as a consequence of the Gitksan decision, the Union of
B.C. Indian Chiefs cautions all First Nation leaders and citizens
against serving on any committees with the federal and provincial
governments, or accepting any benefits from the "provincial
fiduciary obligation";
4.) That the Union of B.C. Indian Chiefs rejects the Province of
British Columbia's "Guiding Principles" and condemns all efforts to
pass them in the Legislature;
5.) That the Union of B.C. Indian Chiefs rejects the federal
government's "comprehensive land claims" policy and the federal
government's support of British Columbia's "Guiding Principles";
6.) That the Union of B.C. Indian Chiefs reaffirms its position
that it is the sovereign right of each tribal First Nation to
represent itself, if it so chooses, in any discussions or
negotiations on the outstanding Land Question in British Columbia;
7.) That the Union of B.C. Indian Chiefs reaffirms it support of
the nation-to-nation treaty-making process and the fundamental
principles put forward in the Comprehensive Framework Treaty
proposal;
8.) That the Union of B.C. Indian Chiefs encourages all First
Nations to reject the racist assimilationist doctrine propounded by
Chief Justice McEachern and attend an Emergency Special Assembly at
Kamloops on April 12, 13 and 14, 1991.
CARRIED UNANIMOUSLY.
--- FD 1.99c
* Origin: Lubicon News Station: Edmonton, Alberta Canada (89:682/32)
--
Terri Kelly - via IMEx node 89:681/1
Terri.Kelly@f32.n682.z89.onebdos.UUCP