----- Original Message -----
From: CNW Portfolio System
To: Portfolio E-Mail
Sent: Tuesday, June 01, 2010 5:02 AM
Subject: Canadian Human Rights Tribunal Hearing on Discrimination Against First
Nations Children in Child Welfare System : Federal Government Attempting to...



CNW Group Portfolio E-Mail


       ASSEMBLY OF FIRST NATIONS




Transmitted by CNW Group on : June 1, 2010 08:00
Canadian Human Rights Tribunal Hearing on Discrimination Against First Nations
Children in Child Welfare System: Federal Government Attempting to Stop Hearing
from Proceeding
OTTAWA, June 1 /CNW Telbec/ - An historic case, with potentially broad sweeping
national implications for First Nations, is set to be heard by the Canadian
Human Rights Tribunal in Ottawa on June 2 and 3.

A motion filed by the federal government, however, could stop the Tribunal from
hearing the complaint that the federal government is discriminating against
thousands of First Nations children in state care. The federal government
continues to ask the Tribunal to dismiss the long-awaited public hearing
initiated by the Assembly of First Nations and the First Nations Child and
Family Caring Society of Canada (FNCFCS) in 2007 citing that the Tribunal does
not have proper jurisdiction over this matter.

"This case is ultimately about protecting our children's health and safety, by
ensuring they receive services equal to those offered to all other children in
Canada," said Assembly of First Nations National Chief Shawn A-in-chut Atleo.
"Our children are six to eight times more likely to be in care compared to the
general population. This is largely due to the poor social and economic
conditions faced by too many of our people which include inadequate housing and
no access to critical services and necessary supports. We have brought this case
to reinforce the principle of equity for our children and we remain hopeful that
it will receive a fair and independent review."

The complaint, filed with the Canadian Human Rights Commission, alleges that
First Nations children in federally-funded child welfare agencies cannot access
the same services as other children in provincial agencies due to inequities in
funding - something that has also been documented in reports by the FNCFCS
(2005), Auditor General of Canada (2008) and the Standing Committee on Public
Accounts (2009). All note that the federal government is not funding First
Nations child welfare agencies at the same level as provincial services, that
case workers are overburdened and many agencies operate without the basic
necessities for tracking children's needs, such as computers.

To date, over 5000 Canadians have joined the FNCFCS's "I am a witness" campaign
- many of whom will observe the hearings this week. The growing interest and
awareness of this national issue relates to the fact that today, there are
27,000 First Nations children in care - more than at the height of the
residential schools system. Approximately 9,000 of these children are in First
Nations child and family service agencies.


The Assembly of First Nation is the national organization representing First
Nations citizens in Canada.


The First Nations Child and Family Caring Society of Canada is a national
non-profit organization providing services to First Nations child welfare
organizations.


-30-

For further information: Jenna Young, Communications Officer, at (613) 314-8157,
or jyoung@...



                   ASSEMBLY OF FIRST NATIONS - More on this organization



                   News Releases
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[Non-text portions of this message have been removed]

----- Original Message -----
From: First Peoples Human Rights Coalition
To: info@...
Sent: Tuesday, June 01, 2010 7:10 AM
Subject: Offensive Blackhawks logo has got to go


From the article below: ". the NHL and the Chicago Blackhawks seem awfully
casual about it, supremely confident that no one will dare question the racial
sensitivity of the large aboriginal likeness that serves as the logo of the
hockey club."

This is not only a question of "racial sensitivity" but also of basic respect
for the human rights and dignity of Indigenous peoples.

UN Declaration on the Rights of Indigenous Peoples, Article 2,

"Indigenous peoples and individuals are free and equal to all other peoples and
individuals and have the right to be free from any kind of discrimination, in
the exercise of their rights, in particular that based on their indigenous
origin or identity."

_____________________

[Forwarded by Maurice Switzer, Union of Ontario Indians]







Cox: Offensive Blackhawks logo has got to go



http://www.thestar.com/sports/hockey/nhl/article/815709--cox-offensive-blackhawk\
s-logo-has-got-to-go



May 28 2010



Chicago Blackhawks great Bobby Hull brandishes a cap with the team's famous -
many would say infamous -logo.

By Damien Cox

CHICAGO

With this year's Stanley Cup final fairly oozing with possibility and potential,
there's a great deal of preening going on at NHL headquarters.

Ask them and they'll tell you every indicator that matters is up, up, up and
business is good, good, good.

So, in the tradition of not letting these folks get too big for their britches
lest they order another lockout, we choose to ask an uncomfortable question.

Does anybody notice, or should anybody notice, that the team that will open this
series on home ice skates out with the cultural equivalent of a cigar store
Indian on their chests every night?

At a time when sports leagues and schools around North America are either
debating the dubious value of having native peoples used as mascots and
nicknames or getting rid of those mascots and nicknames entirely, the NHL and
the Chicago Blackhawks seem awfully casual about it, supremely confident that no
one will dare question the racial sensitivity of the large aboriginal likeness
that serves as the logo of the hockey club.

It's as if nobody notices, or wants to. The same folks who never would have one
of those disgraceful black jockey statues on their lawn will proudly wear a
cartoon aboriginal face on their chests.

The NCAA - no bastion of morality, it's true - declared five years ago that
using aboriginal imagery to promote sports teams was "hostile and offensive" and
put 18 schools on notice that change would be required.

Some did. St. John's University decided it would no longer be known by the
nickname "Redmen," but would change to "Red Storm." Closer to home for the
hockey folks, the issue produced a polarizing debate at the University of North
Dakota over the use of "Fighting Sioux" that finally reached a conclusion last
month when the state's Supreme Court ordered the school to dump the nickname
after years of squabbling.

The most salient argument was probably made by Standing Rock Sioux chairman Ron
His Horse Is Thunder, who argued his ancestors should not solely be remembered
for "buckskins and headdresses" and for "fighting the cavalry."

The connection between UND and the Blackhawks, meanwhile, is that the original
Fighting Sioux logo was based on that used by Chicago's NHL entry. So an image
now banned at a major NCAA hockey school is still happily in use in the NHL.

To be fair, the use of Blackhawks isn't as noxious as Redskins, as used by
Washington's NFL team. For the hockey team, the name came from the wish of
founder Frederic McLaughlin back in 1926 to honour his battalion from World War
I, which was nicknamed after Chief Black Hawk of the Saux Nation, who fought on
the side of the British in the War of 1812.

McLaughlin, described once as the "biggest nut" in the game by Conn Smythe,
wasn't looking to insult aboriginal people. Then again, the North American
ethnic majority has been not meaning to injure aboriginal culture and peoples on
the continent for centuries and has managed to do a rather comprehensive job of
it anyway.

McLaughlin's desire to honour his comrades, assuming they didn't fight the Great
War with tomahawks, doesn't explain why a large orange painted face needs to be
the crest of the Blackhawks.

All in all, this is one mangled piece of historical iconography.

But it has made for a very popular hockey uniform over the decades. Denis
Savard, while coaching the Hawks, said the players needed to "commit to the
Indian," meaning the crest. The underground publication that currently follows
and critiques the Blackhawks is called The Committed Indian.

Clearly, no right-thinking person would name a team after an aboriginal figure
these days any more than they would use Muslims or Africans or Chinese or any
ethnic group to depict a specific sporting notion.

Hockey fans, of course, being overwhelmingly male and white, hate these kinds of
discussions. Political correctness, they howl, just like the debate over putting
women in the Hall of Fame.

But you have to wonder if anyone in the Bettman administration has taken a break
from preening to thoroughly consider the racially insensitive image it publishes
every day on its website and is seeking to popularize even further over the next
10 days to two weeks of this Cup final.

Maybe the best result would be for the Hawks to win their first championship in
49 years, celebrate and then announce that while they'll keep the name, they'll
change the logo.

It's time.

________________________


[Non-text portions of this message have been removed]

From: Viola Thomas [mailto:Viola.Thomas@...]
Sent: Tuesday, June 01, 2010 6:56 AM
Subject: FW: TRC National Event News Release



Please feel free to share with your networks





Plans Set to Bring Together Canadians, Create Greater Awareness and
Understanding at TRC National Event in Winnipeg



June 01, 2010

For Immediate release



Winnipeg - Plans are set to bring together Canadians, survivors and their
families, former school staff and others affected by the Indian Residential
Schools (IRS) experience in Winnipeg, Manitoba at The Forks, June 16 -19, for
the first National Event of the Truth and Reconciliation Commission of Canada
(TRC).



"We are holding the National Event to listen to survivors and all those affected
by residential schools," said Justice Murray Sinclair, TRC Chair.  "However, we
want to reach out to the larger community as well, to provide opportunities for
healing and greater awareness. By sharing these experiences will we truly
understand them, and in the process, help future generations move forward with
respect."



At the Winnipeg National Event, those wishing to share their experiences with
the TRC will have the option to give a private statement in a confidential
setting.  Those who wish to have their history recorded will have the option to
have their statement video or audio recorded. Health supports will be available
on site to assist anyone who may be experiencing emotional or traumatic
difficulty.



"We encourage survivors, and those whose lives have been impacted by the schools
to come forward during the gathering, and to feel safe opening up about their
IRS experiences with the Commission," said Justice Sinclair. "Once these truths
are known, they will form a part of our country's historical record."



In addition, traditional healing and meditation practices will be offered, along
with opportunities for the community to provide gestures of reconciliation.
Church representatives will be available as well to promote a fuller
understanding of the impacts the schools have had, and continue to have on those
involved.



Additional programming will be available in other venues in addition to The
Forks. The Winnipeg Art Gallery will host an exhibit and Manitoba Theatre for
Young People will feature programming including a world premiere by playwright
Ian Ross.



Various musical artists, including Blue Rodeo, Buffy Sainte-Marie and Susan
Aglukark will add their voices to the call for healing and understanding the
impacts of residential schools. The official program begins with the Lighting of
the Sacred Fire and Pipe Ceremony on June 16, and concludes on June 19 with a
traditional powwow. Other event highlights include a performance by Inuit throat
singers and a Métis Jamboree.



Additional information about the TRC and the Winnipeg National Event program is
available at www.trc.ca <http://www.trc.ca/> , or by calling 1 (888) TRC-5554.



The Truth and Reconciliation Commission was established as a result of the 2007
Indian Residential Schools Settlement Agreement. Its mandate is to inform all
Canadians about what happened in the 150 year history of the residential
schools, and guide and inspire a process of reconciliation and renewed
relationships based on mutual understanding and respect.



-30-





Contact:

Nancy Pine

Senior Communications and Outreach Advisor

Truth and Reconciliation Commission of Canada

613-947-4647 office

613-316-5654 cell

Nancy.pine@... <mailto:Nancy.pine@...>









[Non-text portions of this message have been removed]

----- Original Message -----
From: Russ Diabo
To: Undisclosed-Recipient:;@...
Sent: Tuesday, June 01, 2010 8:54 AM
Subject: Native band removes Hwy. 11 toll in northern Ontario



Back to Native band removes Hwy. 11 toll in northern Ontario
Native band removes Hwy. 11 toll in northern Ontario
June 01, 2010


FORT FRANCES, ONT.-Members of the Couchiching First Nations have brought down a
toll booth on Highway 11 near Fort Frances, Ont.

Band members removed the booth Monday night at about 9 p.m.

They opened the toll booth on May 21, charging $1 per vehicle to raise awareness
about a highway land claim.

The band also called for funds to relocate six families living on what the band
claims is contaminated soil from a former sawmill.

A band spokesperson says the reason for the removal of the toll booth will be
explained in a statement later today.

Provincial police earlier said traffic flow was orderly through the toll with a
minimal wait.



[Non-text portions of this message have been removed]

----- Original Message -----
From: "UBCIC Latest News" <ubcic@...>
Sent: Tuesday, June 01, 2010 2:58 PM
Subject: Collective support for Amendments to Bill C-3 (Gender Equity in
Indian Registration Act)


Collective support for Amendments to Bill C-3 (Gender Equity in Indian
Registration Act)
June 1, 2010

We, the undersigned Indigenous organizations and individuals, have
considered Bill C-3 (Gender Equity in Indian Registration Act) introduced by
the Minister in response to the direction given by the B.C. Court of Appeal
in the McIvor v. Canada (Indian Registrar) case to eliminate discrimination
in Indian Act against descendants of Indian women who lost status due to
marriage.

We acknowledge that these changes are minor and will not address broader
issues of discrimination under the Indian Act (such as the second generation
cut-off under s. 6(2) which currently denies generations of children
status), or the recognition of Indigenous nationhood, citizenship and laws
as protected under s. 35(1) of the Constitution Act, 1982 and reflected in
the United Nations Declaration on the Rights of Indigenous Peoples which
directs that:

         * Indigenous peoples and individuals have the right not to be
subjected to forced assimilation or destruction of their culture.
         * States shall provide effective mechanisms for prevention of, and
redress for:
                 * Any form of forced assimilation or integration.

Recognition of Indigenous peoples' right to determine our own citizenship
according to our own laws - which respect and honour the role of Indigenous
women within Indigenous societies and cultures - is essential to our
continued survival as peoples.

There are immediate changes which can be made to Bill C-3 to address issues
of immediate discrimination against Indian women and their descendants. Such
changes were suggested by the Standing Committee, but overruled by the
Speaker. It is within the power of the Prime Minister and Cabinet to
institute changes to Bill C-3 which would eliminate several areas of
discrimination that remain against descendants of Indian women who lost
status due to:

(a) Their grandmother's marriage to a non-status man, if they were born
before the September 4, 1951 cut-off date currently reflected in Bill C-3;
and
(b) The fact that the Registrar "deemed" their father/grandfather to be
non-status. Currently, Bill C-3 restores status to people who lost status
due to marriage of an Indian woman to a non-status man, but does not address
the situation of people who were born outside of marriage and lost status
because the Indian Registrar deemed their father to be non-status.

There is an opportunity to prevent further discrimination against Indigenous
women and their descendants through some minor amendments to Bill C-3 to
apply the Act to both those who lost status due to marriage to a non-status
person, and those who lost status even though they were born outside of
wedlock because the Registrar deemed their father to be non-status.

We strongly urge the Government and opposition parties to make amendments to
Bill C-3 to:

1. Eliminate the 1951 Cut-Off date for return of status, and to include
those who are denied status, even though their Indian woman ancestor lost
status due to marriage, because they were born before September 1951.
2. Include those who lost status because they were born outside of marriage,
and the Registrar deemed their father to be non-status (under s. 11(e) of
the Indian Act as it then was).

These amendments are necessary to address issues of fundamental justice and
fairness to Indian women and their descendants who continue to face
discrimination under the Indian Act. If these minor amendments to Bill C-3
are not made, Canada will face future Charter challenges, and will
perpetuate discrimination against Indigenous women and their descendants.

Finally, long-term solutions do not lie in further tinkering with the Indian
Act. Our Nations have an inherent right to determine who is and who is not a
Citizen of our Nations in accordance with our own laws, customs and
traditions. This is fundamental to self-government. The real and ultimate
solution to addressing ongoing discrimination in the Indian Act lies in the
full recognition of First Nations' jurisdiction over our own citizenship.

Respectfully submitted on behalf of:

Union of B.C. Indian Chiefs
     Grand Chief Stewart Phillip, President
     Chief Willie Charlie, Vice-President
     Chief Bob Chamberlin, Secretary-Treasurer

First Nations Summit
     Grand Chief Doug Kelly
     Dan Smith
     Grand Chief Edward John

BC Assembly of First Nations
     Regional Chief Jody Wilson-Raybould

PDF COPY: http://www.ubcic.bc.ca/files/PDF/PTOConsensusLetter_C3.pdf



The UBCIC is a NGO in Special Consultative Status with the Economic and
Social Council of the United Nations

This page and all other News Releases can be found at:
http://www.ubcic.bc.ca/News_Releases/

================================
UBCIC text alerts to your cell phone, go to:
http://www.ubcic.bc.ca/subscribe/

Follow UBCIC on Twitter at http://twitter.com/UBCIC
------------------

----- Original Message -----
From: Clayton Thomas-Muller
To: turtle-island-defenders-of-the-earth@googlegroups.com ; ienenergy ; Climate
Justice Network ; naipc-list@... ;
climate-policy@googlegroups.com ; Evon Peter ; Enei Begaye ; Faith Gemmill ;
Faith Gemmil
Sent: Tuesday, June 01, 2010 11:06 AM
Subject: [Naipc-list] CNN: Oil spill threatens Native American land


Faith Gemmil is the Director of REDOIL Alaska:
http://www.ienearth.org/redoil.html

Go to original:
http://www.cnn.com/2010/US/06/01/oil.spill.native.americans/index.html?iref=24ho\
urs



Oil spill threatens Native American land
By Patrick Oppmann, CNN
June 1, 2010 11:44 a.m. EDT

STORY HIGHLIGHTS
   a.. Gulf oil spill threatens sacred burial ground of Louisiana's Point Aux
Chenes Indian Tribe

   b.. Most of the tribe's 700 members also rely on fishing and fear the spill
could end their way of life

   c.. Members say no federal or state officials have advised them on dealing
with the disaster

   d.. Native Americans from Alaska told the tribe how they dealt with the 1989
Exxon Valdez spill

Editor's Note: Is enough being done to protect the public from chemical
pollutants? Watch "Toxic America," a special two-night investigative report with
Dr. Sanjay Gupta, on Wednesday and Thursday at 8 p.m. ET on CNN.

Pointe Aux Chenes, Louisiana (CNN) -- The marshes here have long been a refuge
for the Native Americans living in Louisiana's bayou.

"We came to live here because it was marshland, where nobody else wanted to
live," said Chuckie Verdin, the chairman of the Pointe Aux Chenes Indian Tribe.

The tribe is made up of about 700 members whose ancestors were forced from their
lands and resettled to Louisiana more than 100 years ago.

That refuge, already strained from coastal erosion, is facing a new menace: the
oil spill spreading uncontrollably across the Gulf of Mexico.


Chuckie Verdin looks at sacred tribal burial grounds. The tribe is trying to
protect the area from the invading oil.
On Saturday, the same day that the state closed fishing in the area, Verdin
addressed some of the tribal members in the town's cinder block church.

Before the tribal meeting, the members recite a prayer in a French dialect, a
language picked up by their ancestors from European settlers generations ago.

Several men have come directly from hauling in the last catch of shrimp and blue
crab. They sit in the pews still wearing their calf-length rubber fishing boots.

Verdin, a veteran fisherman and oil rig worker, doesn't downplay the threat
growing just a few miles away.

"This could be the end of our way of life," Verdin tells the crowd from the
altar.

He is wearing a black T-shirt that reads "I am a Point Aux Chenes Tribal Member
and I Count."

Grim expressions cover the faces in the small crowd in the church. People ask if
there has been any response from a letter sent to Louisiana Gov. Bobby Jindal
asking for help. Verdin shakes his head.


Erosion and oil company trenches have ravaged Pointe Aux Chenes, or "Oak Point."
Saltwater has killed many oak trees.
Since the tribe is still fighting for federal recognition, it is not empowered
to appeal to Washington. That recognition, tribe members said, would give them
special protections and expanded powers to push for the help they say they need.

They are uncertain of how to negotiate with BP, which has set up an office on
the second floor of the church to hire people to place protective booms off the
coast.

People complain they feel cut off and alone.

The tribal members say no federal or state officials have come to advise them on
what to do. However, a small delegation of Native Americans has made the long
journey from Alaska to share their experience dealing with the aftermath of the
1989 Exxon Valdez disaster.

"There were severe human impacts with the workers who tried to clean up the oil
spill in Alaska," said Faith Gemmill, who spent 14 hours flying to get to
Louisiana. "These are persistent impacts, they don't go away."

But if this area is going to be protected from the encroaching oil spill, the
residents of Pointe Aux Chenes will have to do it themselves.

Taking a boom supplied by BP, Verdin and about 25 other tribal members set off
in their fishing boats to seal off their wetlands from the oil, which is already
reaching the shoreline.


Faith Gemmill, a Native American who saw the Exxon Valdez spill's effects,
talked about dealing with spills in Louisiana.
Before they leave, a BP worker inspects the boats and orders the men -- most who
have been fishing for all their lives -- to wear life jackets.

Verdin says if BP provided him with more boom and agreed to hire more workers,
he could probably get 100 people on the job.

What concerns the tribe the most is a small island off the coast of Pointe Aux
Chenes they call their sacred grounds. It is the land where many of their
ancestors are buried.

Hurricanes carried away the headstones years ago. It is bare ground except for a
large, simple white cross.

From the back of their boats -- some with names like "Geronimo" and "Crazy
Horse" -- the workers place the boom on the water's edge.

Several large globs of a reddish-brown oily substance are floating inside the
boom. The clumps have been spotted in other areas where the tribal members fish.
But this is the closest they've seen it to Porte Aux Chenes.

It is not the first time the tribe has made a stand to protect the burial
ground.

If we get oil up in here and you get a hurricane, I don't see them letting us
come back.
--Chuckie Verdin, Point Aux Chenes tribal member
In the 1970s, Verdin said, tribal members stood on the shores of the sacred
ground cradling shotguns and rifles to face down oil company workers intent on
dredging the land for a pipeline.

The oil company dredged elsewhere, but the results were still catastrophic.
Tribe members say the deep cuts made through the marshes brought in saltwater
and led to coastal erosion.

That erosion has turned the once abundant oak trees in Pointe Aux Chenes --
which means "Oak Point" in French -- into empty husks. Erosion has also turned
areas where people once lived into waterlogged marshes or open water.

In 2005, Hurricane Rita brought up to 8 feet of water to parts of the town,
Verdin said.

Adding oil to such a storm surge would prove disastrous.

"If we get oil up in here and you get a hurricane, I don't see them letting us
come back," Verdin said. "Who's going to clean that after, how long is that
going to take?"

But for tribe member Lulu Dardar, the disaster already has struck. A single
mother of four, she ekes out a living from catching shrimp and blue crab off her
small boat.

Dardar's face is a deep brown from a life working in the sun. On the last day of
fishing before the state closes the water because of the spill, Dardar unloads
baskets of blue crab in the pouring rain.

Once the crab is on the dock, she is out work but with mouths still to feed.

"I don't know what I do next, this is all I know how to do," Dardar said. "I
don't know what I do tomorrow."



--
Join the IEN Newsletter!
https://www.mynewsletterbuilder.com/tools/subscription.php?username=ienearth
~~~~~~~~~~~~~~~~~~~~~~~~
Clayton Thomas-Muller
Indigenous Environmental Network
Canadian Indigenous Tar Sands Campaign
294 Guigues Ave.
Ottawa, Ontario, Canada
K1N 9H8
Home Office: 613 789 5653
Cell: 218 760 6632
http://www.ienearth.org/tarsands.html
Take Action Right Now! Go to: http://ien.thetarsandsblow.org
~~~~~~~~~~~~~~~~~~~~~~~~
Please visit Defenders of the Land: http://www.defendersoftheland.org

"It don' take a whole day to recognize sunshine..."




--------------------------------------------------------------------------------


_______________________________________________
Naipc-list mailing list
Naipc-list@...
http://lists.nativeweb.org/listinfo.cgi/naipc-list-nativeweb.org


[Non-text portions of this message have been removed]

----- Original Message -----
From: Debra Harry
To: ipcb-net@... ; naipc-list@...
Sent: Tuesday, June 01, 2010 10:06 PM
Subject: [Ipcb-Net] TLCEE Protecting Cultural Property


Scholarships Available!


  Protecting Cultural Property in the Biotech Age: 10 WK on-line course starting
7/12/10.
This course will address ways in which tribes can protect their cultural
property, Indigenous knowledge, or human and non-human genetic material. A
particular focus will be on exercise of tribal sovereignty over research. The
course provides an overview of the problems posed by biocolonialism.
The Course instructor is Dr. Debra Harry, Executive Director of the Indigenous
Peoples Council on Biocolonialism.


--------------------------------------------------------------------------------


Scholarships Available!

Protecting Cultural Property in the Biotech Age: 10 WK on-line course starting
7/12/10.
This course will address ways in which tribes can protect their cultural
property, Indigenous knowledge, or human and non-human genetic material. A
particular focus will be on exercise of tribal sovereignty over research. The
course provides an overview of the problems posed by biocolonialism.

The Course instructor is Dr. Debra Harry, Executive Director of the Indigenous
Peoples Council on Biocolonialism.

_______________________________________________
Ipcb-Net mailing list
Ipcb-Net@...
http://lists.ipcb.org/listinfo.cgi/ipcb-net-ipcb.org


[Non-text portions of this message have been removed]

Water war waged in Vancouver courtroom

Halalt Band member Tracy Norris shows her protest concerns in February during a
blockade on Chemainus Road running through Halat territory.
Peter W. Rusland

Published: June 01, 2010 12:00 PM
Updated: June 01, 2010 12:06 PM
http://www.bclocalnews.com/news/95342094.html

It's the beginning of the end in the battle about Chemainus River groundwater
rights.

The years-long struggle that included stalled talks between North Cowichan and
the Halalt First Nation and a road blockade earlier this year is now in B.C.
Supreme Court.

Hearings started Monday, run until Friday, June 11 and then pick up again
between July 5 and 9.

The Halalt First Nation is seeking to repeal the environmental assessment
certificate that allows North Cowichan to pump groundwater from the aquifer to
provide H20 to Chemainus residents.

Defendants in the case are B.C.'s environment and community development
ministries plus North Cowichan.

"Halalt will argue (the ministries) failed in their duty to properly consult and
accommodate the Nation, whose reserve land is adjacent to the well site and
whose traditional territory includes much of the river's watershed," a May 31
Halalt media release states.

Halalt lawyer William Andrews, the release adds, will argue the environmental
assessment office had no jurisdiction to issue the certificate because the Crown
was aware of the Halalt claim to title and rights and failed to properly consult
and accommodate the band.

North Cowichan Mayor Tom Walker, meanwhile, said municipal lawyers plus a North
Cowichan engineer are in Vancouver waiting to testify at the hearing.

While Walker declined to comment at length on the matter while it's before the
courts, he said the Chemainus well water project should be complete by the end
of June.

He has stated in previous interviews that the municipality has tried to work
with the Halalt band and made adjustments to the plan to accommodate concerns.

The project process first started in 2003 to address surface water concerns in
Chemainus.

Boil-water advisories are commonplace in the area during periods of heavy rain.

The Chemainus River aquifer currently serves the Halalt and Penelakut nations.


[Non-text portions of this message have been removed]

----- Original Message -----
From: Russ Diabo
To: Undisclosed-Recipient:;@...
Sent: Tuesday, June 01, 2010 9:01 AM
Subject: Critics challenge special deal for new hydro project


Critics challenge special deal for new hydro project

AltaGas gets unprecedented 60-year contract from BC Hydro

By SCOTT SIMPSON, VANCOUVER SUNJune 1, 2010 5:24 AM




An unprecedented 60-year electricity purchase agreement between BC Hydro and
AltaGas Income Trust has prompted some critics to decry the secrecy surrounding
a $700-million run-of-river hydro project in northwest British Columbia. The
deal for the 195-megawatt project on Forrest Kerr Creek has the endorsement of
northwest first nations aligned under the Tahltan Central Council, who will
share in revenue from the project.
Photograph by: Graphics, Vancouver Sun
An unprecedented 60-year electricity purchase agreement between BC Hydro and
AltaGas Income Trust has prompted some critics to decry the secrecy surrounding
a $700-million run-of-river hydro project in northwest British Columbia.

The deal for the 195-megawatt project on Forrest Kerr Creek has the endorsement
of northwest first nations aligned under the Tahltan Central Council, who will
share in revenue from the project.

It also clears the way for construction of a $400-million high-voltage
transmission line that will benefit mine development in the remote but
resource-rich northwest.

Construction on Forrest Kerr will commence in July and the project is expected
to be ready in mid-2014.

Contracts between BC Hydro and independent power producers (IPPs) typically run
25 to 40 years -- and 40 years is the maximum length of term for a water license
under the B.C. Water Act. AltaGas will have to reapply for a water license after
40 years.

The 60-year term was apparently requested by the Tahltan, who wanted long-term
financial certainty, and was also awarded in recognition of the $180-million
contribution AltaGas will make to the high-voltage line connecting Forrest Kerr
to Hydro's grid.

The deal gives AltaGas full protection from inflation over the length of the
contract by indexing power sales to the Canadian consumer price index.
Independents typically get an inflation rider pegged at half the consumer price
index.

"A 60-year deal on a 40-year water licence -- I don't understand how they do
that, and we may not ever know," NDP energy critic John Horgan said Monday in a
phone interview. "The biggest concern is the length of the contract with no
oversight, no public accountability by government or the proponents."

Melissa Davis, executive director of B.C. Citizens for Public Power, suggested
that even the Liberals' supporters in the independent power sector will be
concerned that Forrest Kerr delivers benefits they were unable to obtain in
their own contracts.

"Ironically, both government and industry have, on multiple occasions, refuted
[and even trivialized] claims by opposition citizens groups and environmental
organizations regarding the length of these contracts," Davis said.

The federal government last year announced a $130-million contribution to the
transmission line.

Another $94 million will come from BC Hydro, via the rates charged to its
customers. Hydro expects to recover that money with a special tariff on
subsequent independent power projects and mine developers as they connect to the
new line.

"The thing that stands out for me is the increased economic security," Tahltan
Central Council chairwoman Annita McPhee said in a phone interview. "This
agreement [extends] for so many generations. It's an independent revenue
stream."

Blair Lekstrom, minister of Energy, Mines and Petroleum Resources, said the
60-year term reflects the AltaGas contribution to the transmission line.

"I think it's a legitimate question to [ask] why is this one longer than others.
It's simply because of the significant up-front capital cost agreement that we
reached with them on the NTL [northwest transmission line]."

David Cornhill, chairman and CEO of AltaGas Income Trust, described the trust as
the "anchor tenant" on a transmission line that will open up northwest B.C. to
new activity.

"It makes the economics far more attractive for mining opportunities down the
road, to have reliable electrical generation," Cornhill said in a phone
interview.

ssimpson@...


[Non-text portions of this message have been removed]

Five Questions
A peek inside someone's life

By Krista Bryce, The Daily News
June 1, 2010
http://www.canada.com/Five+Questions/3096730/story.html
National chief Shawn Atleo dreams of a united country where First Nations and
Canadians can focus on a future of mutual understanding and respect. Born in
Ahousat, Atleo fondly remembers his childhood. The aspiring chef turned to
politics to try to help address the "heavy legacy of the First Nations" so
future generation will be able to enjoy a better life.

If you could have dinner with one person, dead or alive, who would it be and
why?

I would want to have dinner with Grandpa Shamrock. I would want to know what his
life was like at that time in history. They say when an elder passes away it's
like losing a library. I'm very thankful I got to spend a lot of time with my
late great, great grandmother, my late grandmother and many other relatives, but
he's the one I never had a chance to meet.

What is the best piece of advice you've ever received and who gave it to you?

I spent a lot of time with my late grandmother, Elsie. She was just always very
encouraging and would encourage us as grandkids not to sell ourselves short and
to be open to the possibilities in life. The advice was: "You could have what
you say." It is really about getting out of your own way.

If you could relive one moment in your life what would it be?

Soccer was something my dad played in the residential schools and it was an
important bond between us. I dreamed of playing with the Whitecaps and playing
pro in Europe. When I was in college, I was invited to the Pacific Rim League
tryouts. There was something like 600 guys that tried out and I made it to the
final 30. The first game was to be played in the old Empire Stadium. Friends and
family paid their way in to watch and when I went down to the dressing room the
coach told me and a few other guys that we weren't dressing. Just out of
youthful exuberance I called the coach up a week later and said I was going to
go play in the other local semi-pro league. I've always regretted that brash
move. If I could do it over again, I would happily show up to the next practice
or game and sit on the bench.

What are five things you can't live without and why?

The theme so far speaks to family. They will always remain at the top.

Ahousat, my home. Not just because of the people, but because of the place.
That's my homeland where I can trace my roots back 26 generations.

Besides core values and being true to yourself, I don't know if there is
anything more I would add to that.

If you were granted one wish, what would it be and why?

In my lifetime, I would like to be able to say we've turned the page. My one
wish is that First Nations and Canadians would arrive at a time in the not too
distant future where we can say we have begun to fill the next chapter with
mutual understanding, mutual respect, shared prosperity and that our kids would
grow up understanding about one another.

As told to Nanaimo Daily News reporter Krista Bryce.

KBryce@...

250-729-4245


[Non-text portions of this message have been removed]

First Nations women on 300-mile march against Indian Act
By Gale Courey Toensing

Story Published: Jun 2, 2010

Story Updated: May 28, 2010

http://www.indiancountrytoday.com/global/canada/95116574.html

MONTREAL - Canada's Indian Act has had more than 20 major changes, but First
Nations leaders say it's still an instrument of gender discrimination and,
ultimately, bureaucratic genocide.

With a proposed new amendment to the 1876 act - Bill C-3 - a group of Native
women are on a month-long, 300-mile protest march to tell the federal government
that the latest fix to the Victorian-era legislation will not end Canada's
institutionalized discrimination against First Nations people, especially women.

The Amun March - "amun" means "a large gathering" - began May 4 on the
reservation in Wendake, the territorial lands of the Huron-Wendat First Nation
near Quebec City, and was scheduled to end June 1 in front of the Canadian
Parliament in Ottawa.

Through the Indian Act, Canada's federal government made First Nations people
wards of the state and took control of all aspects of their lives and
communities. The act provided for government registration of Natives, and the
government continues to register First Nations people today.

Those granted "Indian status" are entitled to health, education and other social
services. But the act's overarching theme was "assimilate or die." Natives could
seek Canadian citizenship if they renounced their rights, privileges, culture,
languages and traditions.

Michele Audette, who lives with her family at Wendake, helped organize the event
to raise awareness of Bill C-3.

"There is nothing to stop the Canadian Parliament from completely correcting the
discriminatory aspects of the Indian Act registration rules. We are marching to
raise awareness and to educate the Quebec population and the rest of Canada on
the injustices that have been stigmatizing us for almost a century and a half."

At the act's core was a policy that deprived women, who married non-Native men,
and their children of Indian status. A Native man who married a non-Native woman
could keep his status, and his wife and children would gain status. But if a
child's mother and paternal grandmother did not have a right to Indian status
other than by virtue of having married Indian men, the child had status only up
to the age of 21.

"It's a slow genocide," Audette said. "It's not the same as genocide in Africa,
but it's a kind of genocide to make sure we no longer exist as First Nations."

Bill C-3 would give Indian status to the grandchildren of women who lost their
Indian status since 1985.

In 1985, Parliament passed Bill C-31 to amend the Indian Act. Indian women who
had married non-Indian men prior to 1985 were allowed to apply to regain their
Indian status. The bill gave all first generation children of these marriages
and Natives, who were not counted and who now wished to regain status, the right
to re-apply.

The bill created a patchwork of identities even within families.

"Because my mom fell in love and got married to the most beautiful Quebecer - my
dad - she was kicked out from her community and also from the Indian Act, and
her story reflects the story of thousands and thousands of women across Canada,"
Audette said. "In 1985, my mom got back her status as an Indian woman, and
everyone thought the struggle was finally over and we had won. But a few years
later, we realized that the gender discrimination is still in place in so many
ways."

She said the government began giving status numbers to Indians, such as 6.1,
which signified a person whose parents are both First Nation. A person
identified as 6.2, such as Audette, has only one parent registered under the
Indian Act.

"My oldest son is not recognized because his grandmother didn't register herself
in 1985," Audette said.

In 2009, the British Columbia appeals court ruled the Indian Act's registration
status provisions are unconstitutionally based on sex discrimination. The
government was ordered to amend the act and has proposed Bill C-3 as the fix.

But the bill still leaves in place discriminatory practices involving: the
division of property when a couple divorces; a requirement to disclose the
father's name at the birth of a child or be deprived of services; issues
regarding who determines band membership and residence in the community; and the
inability of Indian women to pass on Indian status to their children in some
circumstances.

"Bill C-3 is called the General Equity bill, but it really isn't because there
are still discrepancies between men who marry non-Native women and their sisters
and children, who don't have the same kind of equal status opportunities," said
Ellen Gabriel, president of Quebec Native Women and a Mohawk from Kanehsatake.

"It's a kind of token gesture by the Canadian government to try to get
international pressure off its back."

The Canadian government is facing a human rights complaint in the Inter-American
Commission on Human Rights filed by the Hul'qumi'num Treaty Group that says
Canada continues to violate the human rights of the area's aboriginal people. It
also has come under fire for considering a limited endorsement of the U.N.
Declaration on the Rights of Indigenous Peoples, which it referred to as "an
aspirational document."

Ultimately, the women marchers and the many organizations backing them say they
want the federal government entirely out of the business of defining Indians.

"We're all saying the same thing: The right to define who is a Native doesn't
belong to the federal government, it belongs to us," Audette said.

The Indian Act, which is all about policy and regulations, not human rights,
should be abolished entirely, Gabriel said.

"I think we need to go back and look at what the impacts have been of the Indian
Act upon our people and have discussions about how we can move forward and have
access to our lands and territories, get rid of this Indian Act and see how many
people were lost over the hundred and something years since it was created, and
respect the treaties.

"Treaties are signed between sovereign nations, not between governments and
minorities. And we need to examine the legitimacy of Canadian sovereignty,
because it is illegitimate."



[Non-text portions of this message have been removed]

Former chief chairs treaty commission
Financial service firm projects $6.4 billion post-treaty windfall for province

       Michael McCarthy
       Special to Vancouver Courier


Friday, May 28, 2010
http://www2.canada.com/vancouvercourier/news/story.html?id=e2692472-3036-426a-a3\
43-252d85201ba4


Sophie Pierre looks pensively out the window of her Coal Harbour apartment
toward the North Shore mountains. Such rare moments of peace and quiet are
treasured in her hectic new life as chair of the B.C. Treaty Commission. It's
Pierre's position that "certainty" through the signing of treaties is needed to
stimulate economic development throughout the province. In Vancouver, the
ongoing lack of certainty about aboriginal rights has some municipal officials
worried another level of government is evolving to which they will have to
answer.

"I was always taught that if you want to get something done right, don't ask
somebody to do it for you," says Pierre in a calm voice, while sipping a cup of
tea. "The federal Indian Act makes it virtually impossible to get positive
changes accomplished for First Nations people, but I think there are other ways
to get things done, like using the treaty process. We need to get inventive."

Pierre's business model emphasizes self-government for aboriginals based on
sound economic planning, which is exactly what she accomplished with her own
First Nation. The St. Mary's band of Ktunaxa (pronounced 'k-too-nah-ha') people
have lived near Cranbrook for more than 10,000 years. The arrival of Europeans
irrevocably altered their lives, with the horrific legacy of residential schools
still being felt.

"I spent nine years at St. Eugene's Mission School," says Pierre calmly, "and I
would never allow my children to go to such a horrible place. A lot of our
people wanted the building burned down, but the idea was raised to transform the
school into a resort. That has been very successful."

After Pierre was elected St. Mary's chief in 1978, that former source of
humiliation has evolved into a $40 million, 4.5-star resort employing 250 people
in summer peak season and generating in excess of $10 million annually in
revenue for the Cranbrook region. It's the fifth largest private employer in the
area and a great source of pride. "Our business model is not like the
exploitation of raw resources," says Pierre. "The money doesn't leave town and
go to some foreign head office. It all stays home and benefits everyone in the
community."

Approaching retirement age, Pierre might just well have collected a pension but
that's not her way. Upon her appointment as chair of the treaty commission in
April 2009, she commissioned a report by PricewaterhouseCoopers that showed if
all 60 First Nations involved in B.C.'s treaty process completed treaties by
2025, the province could receive $6.4 billion in economic benefits, after
deducting the costs of reaching those treaties. In 2010 dollars (the value in
today's dollars of the stream of future income), that works out to $4.3 billion.
The money would come in the form of new employment income generated both by
First Nations and other British Columbians, estimated to increase by $14.4
billion over 40 years.

"More than $1 billion has been wasted since 1993 in treaty negotiations with
little to show for the money in many cases except for massive legal bills being
paid for by the taxpayer," says Pierre. "There's no template for any treaty that
will satisfy every First Nation. We have problems of overlapping territories
throughout the province and many other serious issues to deal with, but we do
have momentum building [with our new model]. What's the option? Maintaining the
status quo is unacceptable. Nobody wants to live in poverty."

Jock Finlayson agrees. The executive vice-president of the Business Council of
B.C. notes that B.C.'s resource-based economy, outside of the energy sector, has
been in constant decline for a decade and economic certainty in the form of
signed treaties will invigorate investment in the province.

"Sophie is very well regarded in the aboriginal community and there is obviously
new energy being developed around the treaty process," he says. "The Business
Council of B.C. is very supportive of the treaty process and Sophie's argument
is increasingly being accepted among First Nations leaders, too. I think we'll
see a couple of dozen treaties signed in the next five to 10 years, and maybe
five or six in the next year or two. What a treaty means is that it will allow
each First Nation control over its own affairs, and that will help provide the
certainty that the entire province needs."

The B.C. treaty process currently has 60 First Nations, or 110 of the 198 B.C.
Indian Act bands, working on 49 sets of negotiations. There are six stages in
the process, ranging from "intent to negotiate" to final signed treaty. There
are 44 First Nations in Stage 4 (agreement in principle) negotiations, and seven
First Nations in Stage 5 negotiations (finalize a treaty) and one in Stage 6.

The Tsawwassen First Nation was the first to sign a treaty April 3, 2009. Prior
to the current treaty process, the Nisga'a signed an agreement that is
considered a blueprint for present negotiations. It went into legal effect in
April 2000.

At the North Vancouver offices of the Tsleil-Waututh Nation (SLAY-wah-tooth,
formerly known as the Burrard Band), there have been new developments since the
Olympics ended that may pertain to furthering a treaty settlement.

Leah George-Wilson, former chief and now the Tsleil-Waututh's treaty negotiator,
explains that her people want a settlement. Trouble is, they've been stuck in
stage three (negotiating a framework agreement, agreeing on the subjects to be
negotiated and an estimated time frame for stage four agreement-in-principle
negotiations) for more than a decade. The Tsleil-Waututh are prepared to become
just as inventive as the new treaty commissioner to achieve their own economic
development. Only they may go outside of the treaty process to accomplish their
plans, which may have far-reaching repercussions.

"We have been in negotiations with the provincial government since 1995," says
George-Wilson, "and all we've heard is endless talk from bureaucrats who really
have no power to do anything. We've repeatedly asked for written proposals, with
exact dollar figures and land settlements, and we've never received one. It's
time to move on."

The Tsleil-Waututh Nation's newest initiative has raised concerns among Lower
Mainland municipal officials. The band has circulated a "Stewardship Policy" to
all local governments on whom it intends to levy various fees on certain
projects within its newly defined territorial area, a 413,000-hectare area
spanning much of Metro Vancouver.

The Tsleil-Waututh had previously defined their traditional territory for the
purposes of treaty negotiations as being the North Shore, Vancouver, Burnaby,
New Westminster and most of the Tri Cities--an area of 179,000 hectares. But its
new stewardship policy sets out an area on lands wherever the TWN hunted, fished
or had seasonal camps, an area more than twice as large. The 447-member band
says municipal governments must pay these new fees as part of "their duty to
consult and accommodate native bands" or else run the risk of illegally
infringing First Nation interests.

"The Olympics were a great moment for aboriginal people," says George-Wilson.
"It showed the world that these are our traditional lands and that we have
aboriginal title, and that we need to be consulted about what happens on these
lands. The Supreme Court has ordered that governments and First Nations must
consult and work together as equals. For instance, if the federal government
decided to sell or re-develop any of their downtown Vancouver property, we'd
expect to be consulted on that, in advance, in writing. The Musqueam and
Squamish people also claim traditional territory in downtown Vancouver, so there
are overlapping claims and that's also something that needs to be clarified
through the treaty process."

The TWN stewardship fees (which are subject to increase) include a $250 set-up
fee; application fees ranging from $200 to $400 for Cultural Heritage
Investigation Permits; and rates of $50 to $100 per hour to reimburse TWN staff
members for time spent on any projects that require active involvement. Not
paying the fees may mean facing court action, and some local politicians, such
as Metro Vancouver's treaty representative Ralph Drew, know the TWN aren't
kidding.

Drew, who is also the mayor of the village of Belcarra, is keenly aware of the
impact these new actions by TWN will have on municipal governments. Drew says
that everyone he's talked to in local municipal government is worried about the
Stewardship Policy.

Now the TWN is taking the position that municipal governments are an extension
of the Crown and the same laws must apply to them as well. This could have
serious ramifications for Lower Mainland property owners. Drew says regional
leaders were left stunned after hearing band representatives lay out their
policy last November.

The policies could result in massive delays for construction projects, add a new
layer of bureaucratic costs, and leave TWN with a veto power that trumps local
and regional plans.

Drew fears that once other First Nations in the Lower Mainland hear about the
policy, they may also start the same process. It's unknown what would happen if
different First Nations who claim the same traditional territory took opposing
positions on the merits of any particular project because only a formally
negotiated treaty could answer these complicated questions.

Drew has first hand experience with what can occur if the TWN's requests for
project involvement are ignored. A $6-million project to build a new drinking
water line under Burrard Inlet to serve Belcarra was held up for a year and that
may be just the first of many projects that could be frozen by aboriginal
interests if the First Nation relationship with municipalities is not clarified.
"We spoke to the Federal government about the new stewardship policy and
eventually they told us to deal with the Tsleil-Waututh directly," says Drew,
who also chairs the Lower Mainland Treaty Advisory Committee (LMTAC).

Belcarra initially agreed to pay the $250 application fee but the village was
subsequently presented an estimate of $34,000 for the total costs. TWN noted the
fee was "not final and might be subject to further increases." In the end, the
band charged only the original $250. George-Wilson explains that amount was "for
assisting the village with writing the proposal," but the warning shot was heard
loud and clear in many city halls.

Are these actions simply a calculated tactic by the Tsleil-Waututh to get the
ear of provincial and federal officials and speed up the slow-moving treaty
process? TWN's George-Wilson says that's false.

She claims that Supreme Court of Canada's rulings require that First Nations, as
well as various levels of government, have a legal responsibility to "consult
and participate" with each other, but the TWN's main problem is that while
certain levels of governments have budgets and staff to deal with processing
infrastructure and development projects, First Nations like hers have no money
at all.

"All the money we have spent over the past decade on lawyers for treaty
negotiations is borrowed money," she says. "We need funding to pay our people
for processing these development applications, not just on reserve but off
reserve on our territory as well."

Exactly what type of property development would involve TWN's stewardship policy
is unclear.

Tsleil-Waututh policy adviser Chris Knight told the Surrey Leader last November
the policy is currently a "work in progress." The band is not interested in
delaying building permits or the extension of somebody's deck but would want to
study anything that disturbs the soil in areas of high cultural or
archaeological importance. Knight said the band already receives 800 referrals a
year from various project proponents but can't afford to properly analyze them
with its existing funding. He said the new fees are to simply recover costs, not
become a profit centre.

Some "agencies" have already begun to pay the stewardship fees, but Knight
refused to identify these agencies or the types of projects involved. He claimed
the fees are "something that is understood if not welcomed" by the private
sector, which knows there are necessary costs associated with project approvals.

Peter Simpson, CEO of the Greater Vancouver Home Builders Association, says the
private sector views the TWN's new stewardship policy with great concern.
Simpson says any attempt to charge aboriginal permits and fees on home
construction or renovations is "wrongheaded" and could result in serious impacts
on private property. He considers the Belcarra situation a "test case" for the
TWN to see what reaction will occur. "These fees are another layer of
bureaucracy that nobody needs," he says. "I have a lot of empathy for the
Tsleil-Waututh but this is the wrong way to go about getting attention. I am
sure that homeowners all over the Lower Mainland are sure to be very concerned."

In an Oct. 15 letter to Victoria, LMTAC said the Tsleil-Waututh request
"misrepresents" the province's policy of consulting First Nations. MLA George
Abbott, aboriginal relations and reconciliation minister, replied in a written
statement that while the Crown has an obligation to consult First Nations on
decisions impacting aboriginal rights, "there is no legal authority" for a First
Nation to charge a fee to an individual who is applying to government for a
permit covering an activity on either Crown land or privately held land.

Pierre doesn't see it that way.

"I'm not a lawyer," says Treaty Commissioner Pierre, "but, generally speaking, I
think the Supreme Court ruling gives the Tsleil-Waututh a leg to stand on."

Metro Vancouver officials also fear civic-owned lands, including regional parks,
will ultimately be handed over to native bands to secure treaties or
reconciliation agreements. The province last year expropriated a 22-hectare
portion of Metro-owned Pacific Spirit Regional Park and transferred it to the
Musqueam band to settle a land dispute. Metro Vancouver is still challenging
that transfer in court.

Coun. Ellen Woodsworth, Vancouver's LMTAC representative, says the matter of
fees has been discussed at length both at the committee and at city council.
Copies of the TWN stewardship policy have been distributed to all councillors
for study. She says that according to the city's legal counsel, the city has no
legal need to consult with the Tsleil-Waututh or any other First Nation.

"Municipalities are not at the treaty negotiation table, and we have no budgets
or authority to deal with any of this," says Woodsworth. "Municipalities are now
getting caught up between First Nations and the province and the federal
government, but treaty negotiations are not our responsibility. There is a great
deal of unfounded fear, whether by homeowners or at the municipal level, that
First Nations issues such as this are going to affect them directly. People need
to calm down and assess this rationally, but there is no doubt that we all have
a responsibility to honour aboriginal land claims. It's obvious that if the
provincial government doesn't sit down and solve these treaties, this kind of
situation is exactly what will happen."

Not all B.C. bands are part of the treaty process. The Squamish First Nation has
stopped negotiating, though it hasn't officially pulled out of the process.
"It's not in our best interest to stay involved," chief Gibby Jacob says. "In
the end, because of the cost of lawyers, the process becomes something of a net
loss. We have our own plans for economic development."

One of those plans is a massive development underneath the south end of the
Burrard Bridge, which the Courier reported on last week. Then there are the
"side deals" outside of the formal treaty process that have added to uncertainty
about how key Lower Mainland lands will be developed in the future. For
instance, Richmond city council recently agreed to buy the Garden City lands for
$59 million from the Musqueam, who have also laid claim to vast tracts of the
Lower Mainland. With such huge amounts of cash being offered by governments, why
would the Musqueam, or any other First Nation offered such deals, ever sign a
formal treaty?

"These side deals have nothing to do with the treaty process," says Pierre. "The
Musqueam deal had to do with litigation, not negotiation. My position is that we
still need certainty through treaties to guarantee economic development."

Pierre insists its time to get past political ploys and tactics, get inventive,
move forward, and settle treaties for the economic benefit of everyone.

"The problem is that there are too many bureaucrats at the negotiating table who
just want to keep discussions going forever," says Pierre. "If we can't abolish
the federal Indian Act then we can simply get things done through the provincial
treaty process, so First Nations people can finally get control over their own
affairs and start to develop their own economy. It's something that works for
everybody. Whatever we have been doing to date is obviously not working, and
personally I refuse to take no for an answer."

newsribe@...


[Non-text portions of this message have been removed]

Neighbours help Ahousaht cope
By Judith Lavoie, Times Colonist
June 2, 2010
http://www.timescolonist.com/technology/Neighbours+help+Ahousaht+cope/3101586/st\
ory.html

There are glimmers of hope through the grief enveloping Ahousaht First Nation
following a float-plane crash that took the lives of three young band members,
Chief John Frank said yesterday.
"The challenge is just so extreme. You watch your people walking aimlessly in
shock. How do you deal with some of this?" said Frank, who was the great-uncle
of 22-year-old Katrina English, her brother Hunter (Edward) Sam, 28, and their
cousin Samantha Mattersdorfer, 24, who died in the crash.

The answer lies in the help offered by neighbouring communities, said Frank,
adding he is overwhelmed by support, such as food and teams of counselors,
offered by other First Nations and Tofino residents.

"There is a real show of unity that has inspired me so much," said Frank, who
hopes coming together in grief will lead to Nuu-chah-nulth bands working more
cohesively in future.

The pain is particularly sharp for Qaamina and Ruth Sam, parents of Katrina and
Hunter, who have lost two of four children, Frank said.

Qaamina spearheaded a project in March where 30 band members with drug and
alcohol problems were told to leave the reserve for eight weeks of intensive
treatment rooted in Nuu-chah-nulth culture.

"He was the one that carried them for eight weeks. He's a really fine artist and
he taught them artwork and how to make masks and paint paddles," Frank said.
"It's very difficult for him to lose two children."

Frank would not say whether any of the crash victims were part of the
rehabilitation group or respond to reports that, before the plane went down,
they had been drinking and flew home after being banned from a water taxi. "It
is a tragedy on its own, so you don't want to point fingers at what made it
happen," he said.

"Maybe in time, when we are stronger we can take a look at it. Right now, we are
vulnerable and weak and we wouldn't want to add anything more to what has
happened. "

Community members are taking comfort from the unusual appearance of killer
whales in the harbour and four wolves that turned up on the beach, Frank said.

The whales played near the boat float belonging to national Assembly of First
Nations Chief Shawn Atleo, who is at his home in Ahousaht, and the wolves sat on
the beach looking toward the village, Frank said.

"It is a really strong message for us. It's like the ancestors are saying, 'We
are here to support you.'"

Funerals for the three Ahousaht members will be held tomorrow. According to
Facebook, a service for pilot Damon York will be held Friday at the Tofino Royal
Canadian Legion, followed by a beach fire and musical jam session on South
Chesterman Beach.

Elections for Ahousaht chief and council, which were supposed to take place
yesterday, have been postponed until June 16.

jlavoie@...


[Non-text portions of this message have been removed]

----- Original Message -----
From: CNW Portfolio System
To: Portfolio E-Mail
Sent: Wednesday, June 02, 2010 4:05 PM
Subject: National Chief Shawn A-in-chut Atleo welcomes announcement on First
Nations University



CNW Group Portfolio E-Mail


       ASSEMBLY OF FIRST NATIONS




Transmitted by CNW Group on : June 2, 2010 19:04
National Chief Shawn A-in-chut Atleo welcomes announcement on First Nations
University
OTTAWA, June 2 /CNW Telbec/ - Today, Assembly of First Nations National Chief
Shawn A-in-chut Atleo welcomed an announcement by Indian and Northern Affairs
Canada Minister Chuck Strahl that he will restore $4 Million in funding to the
First Nations University (FNUniv), which will cover expenses from Sept. 1 to
March 31.

"This is good news for students, and First Nations across Canada who deeply
value the First Nations University and who, until now, have been concerned about
the future of this institution," said National Chief Shawn A-in-chut Atleo.
"It's an acknowledgement from Indian and Northern Affairs Canada Minister Chuck
Strahl that many improvements have been made to ensure the future accountability
and sustainability of the First Nations University."

The National Chief also congratulated students, the Interim Board of Governors,
the Federation of Saskatchewan Indian Nations and AFN Regional Chief Guy
Lonechild for their clear and strong commitment to FNUniv.


The Assembly of First Nations is the national organization representing First
Nations citizens in Canada.


-30-

For further information: Alain Garon, Bilingual Communications Officer, (613)
292-0857 or agaron@...; Jenna Young, Communications Officer, Assembly of
First Nations, (613) 314-8157 or jyoung@...



                   ASSEMBLY OF FIRST NATIONS - More on this organization



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----- Original Message -----
From: Russ Diabo
To: Undisclosed-Recipient:;@...
Sent: Wednesday, June 02, 2010 10:39 AM
Subject: Children's services on reserves and human rights



Back to Children's services on reserves and human rights
Children's services on reserves and human rights
June 02, 2010

Craig Benjamin


Over the next two days, the Canadian Human Rights Tribunal will decide whether
or not to continue hearings into the federal government's underfunding of
children's services in First Nations reserves. The decision should be of
pressing interest to anyone concerned about human rights in Canada.

First Nations children on reserves are eight times more likely than other
children to be put into foster care or government institutions. These children
are being taken from their families and their communities for a wide range of
reasons, but the most common is what's called "neglect." This includes
conditions of poverty, poor housing and physical and mental illnesses suffered
by their parents. In other words, their families have not been able to provide
the care that these children need. Not without support.

Advocates for the rights of First Nations children have long pointed out that
things don't need to be this way. If children's services on reserves were linked
to the needs of the children and equitable to services available in other
communities, early intervention programs and other services could assure that
more children receive the care they need and deserve without taking them away
from their homes and their culture.

In 2000, the Department of Indian Affairs took part in a study that determined
that, on average, the federal government spends 22 per cent less per child for
children's services on reserves than their provincial counterparts spend in
predominantly non-aboriginal communities. This is despite the greater expense
and greater need created by the remoteness of many aboriginal communities and
the lasting harm caused by past government policies, such as the residential
schools.

Canada's only response is a model called "enhanced funding" that the auditor
general has already ruled inequitable. Even this approach is not available in
all regions.

The fact that this issue is now before the Human Rights Tribunal reflects the
failure of successive federal governments to do the right thing for children and
families by acting on the findings of their own reports and independent experts.

Two years ago, the federal government formally apologized for the forced removal
of children from their homes and families during the residential school era.
Like many Canadians, I felt that this apology was a welcome step toward the
necessary and long-overdue reconciliation of aboriginal and non-aboriginal
peoples. Justice, however, requires more than just words. Justice requires that
every effort must be made to undo the harm that has been done and to ensure that
the wrong is never repeated.

Sadly, it's a test that the Government of Canada is failing. Overall, the number
of First Nations children placed in foster care is higher today than at the
height of residential school operations. And the federal government is fighting
against being held accountable for its failings.

The Human Rights Tribunal has been asked to determine whether the underfunding
of First Nations child services constitutes discrimination under the Canadian
Human Rights Act. The Federal Court has already denied government requests to
prevent the tribunal hearing on this case. Now the government is trying the same
tactics at the tribunal. This week the tribunal will consider the government's
claim that the Human Rights Act applies only to the delivery of government
services, and not to the funding decisions that ultimately determine the kind
and quality of services that can be provided.

This is legal hairsplitting but it has potentially serious consequences for
human rights. The area of child and family services is only one among many where
First Nations institutions deliver services based on funding formulas set by the
federal government. If the government is able to convince the tribunal to throw
out this case, it would create a large gap in human rights accountability for
government decisions in critical areas such as First Nations health and
education.

One of the ironies of this case is that this is the same government that two
years ago refused to the support the UN Declaration on the Rights of Indigenous
Peoples, arguing that Canada was better off relying on the Canadian Human Rights
Act alone. Now, in its submission to the tribunal, the government is arguing
that its funding of services on First Nations reserves should be excluded from
both domestic and international human rights standards. What happens to the
children if they are successful?

Canadians should demand better. For the welfare of First Nations children. And
for the basic principle of universal human rights protection.

Craig Benjamin is Amnesty International's campaigner for the human rights of
indigenous peoples. cbenjamin@...




[Non-text portions of this message have been removed]

----- Original Message -----
From: CNW Portfolio System
To: Portfolio E-Mail
Sent: Thursday, June 03, 2010 5:01 AM
Subject: First Nations University put on lifeline: Future still uncertain



CNW Group Portfolio E-Mail


       CANADIAN FEDERATION OF STUDENTS




Transmitted by CNW Group on : June 3, 2010 08:00
First Nations University put on lifeline: Future still uncertain
OTTAWA, June 3 /CNW/ - The federal government's decision to extend funding to
First Nations University for another year buys time but leaves an uncertain
future for many Aboriginal students.

"Students are relieved that First Nations University will be able to keep its
doors open for another year," said Cassandra Opikokew, Chairperson of the
National Aboriginal Caucus of the Canadian Federation of Students. "However, the
federal government must end the uncertainty and commit to sustained long-term,
Aboriginal-controlled funding."

Following years of difficulties, the federal and Saskatchewan governments cut
funding to the University in February. Despite an institutional restructuring
and the decision by the Saskatchewan government to restore funding, the federal
government has refused to commit to funding beyond March 2011.

"While the government has stopped short of restoring permanent funding, we are
one step closer to ensuring First Nations University has a future," added
Opikokew. "The restoration of funding is a clear sign that students' actions are
having an impact."


The First Nations University of Canada is the only institution of its kind in
Canada and has been a leader in Indigenous education for over 30 years. First
Nations University was designed to be the home of treaty education and to serve
as a model for First Nations-controlled education.


Founded in 1981, the Canadian Federation of Students is Canada's largest student
organisation, uniting more that one-half million students from ten provinces.
The National Aboriginal Caucus is the voice for Aboriginal students in Canada
with members on campuses from St. John's to Victoria.


-30-

For further information: Cassandra Opikokew, National Aboriginal Caucus
Chairperson, (306) 537-2043; David Molenhuis, National Chairperson, (613)
232-7394



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----- Original Message -----
From: Russ Diabo
To: Undisclosed-Recipient:;@...
Sent: Wednesday, June 02, 2010 8:01 AM
Subject: Firm helping to restore degraded forests


Ecology
Firm helping to restore degraded forests
  An ERA worker plants a seedling. The firm is helping the City of Langley, B.C.,
to restore woodlands logged more than a century ago. ERA

Invasive species removed from B.C. woodlands by ERA Carbon Offsets, which sells
the resulting carbon credits

Augusta Dwyer

Special to The Globe and Mail Published on Wednesday, Jun. 02, 2010 6:00AM EDT
Last updated on Wednesday, Jun. 02, 2010 10:24AM EDT

Three years ago, Langley Mayor Peter Fassbender started looking for ways to
reduce the British Columbia city's carbon footprint. Some of those involved
reducing energy consumption and greenhouse-gas emissions from corporate
operations.

But, Mr. Fassbender said, "we had areas of park and public lands along our flood
plain where there was the potential to make a positive impact and enhance what
we already had."

Logged more than a century ago, those areas had been invaded by species such as
alder, Himalayan blackberry and English ivy that, as Mr. Fassbender described
it, "didn't necessarily have a positive footprint."



An ERA worker stakes a tree. In Langley, B.C., 1,500 trees have been planted
with an ultimate goal of 30,000.


He decided to investigate a Vancouver-based company called ERA Carbon Offsets
Ltd. that was replanting degraded woodlands across the Fraser River in the town
of Maple Ridge with long-living trees more in tune with the region's traditional
forest habitat.

"What we basically saw was that their program made sense for the community," Mr.
Fassbender said.

For company CEO Robert Falls, ERA offers communities a win-win situation. "We
say, look, we'll fix up your forest ecosystem," he said. "We will do absolutely
everything. We'll take out the invasive species. We will plant what should be
there, according to a prescription that's written by an ecologist, and then we
maintain it until it is what we call 'free to grow.' "

In British Columbia's Lower Mainland, that takes about seven or eight years, he
added. By then, the trees will have reached a height where their canopies can
shade out more invasive species.



Robert Falls, CEO of Vancouver-based ERA Carbon Offsets Ltd.


ERA doesn't charge for the reforestation work. Its profits come from selling the
resulting carbon offsets in a continually expanding international marketplace.

Each tonne of CO2 either avoided or removed from the atmosphere counts as one
carbon offset. These are then sold to companies wanting to offset their
greenhouse-gas emissions. Some are obliged by new European Union regulations to
do so, while others, such as Mr. Fassbender, simply feel compelled to make a
difference in the fight against global warming.

"It has finally become apparent to people that you can't accomplish this
international policy objective of stabilizing atmospheric concentrations of CO2
without the land base, without forests involved," Mr. Falls said. "They're the
only thing that remove carbon from the atmosphere."

In 2004, the year he co-founded the company, the voluntary and compliance carbon
offset markets were worth $727-million (U.S.). By last year, its staff having
grown to 35 employees, half of them working in the field, that figure was
$136-billion, Mr. Falls said.

As the market developed, however, some critics began voicing concern with how
the amount of CO2 removed or avoided is calculated, pointing out potential
problems such as fires, insect infestations or even logging in newly planted
forests. But together with the market expansion, standards for verifying offsets
have been sharpened.

"The first really strong standard to come out was the ISO 14064-2," Mr. Falls
said. With that, he added, "there is no over-estimation. A calculation is made,
that is peer reviewed, and we take away 20 per cent of the carbon benefits as a
buffer, in case something does go wrong - and that's based on a risk assessment
done by a third party."

ERA registers their metric tonnage of carbon offsets internationally "so people
can see the paper trail as we produce the tonnes," he said. "It really comes
down to our clients, as to what they want, what they're comfortable with."

Those clients include large firms such as Shell Canada and German energy giant,
HSE-Entega, along with smaller companies such as Rolling Stone magazine and
Vancouver Film Studios.

ERA went public in 2008 and while its stock price took a battering during the
recession, the company won a vote of confidence last February when an Entega
subsidiary, Forest Carbon Group AG, bought a 29.9 per cent stake for
$5.5-million (Cdn.). According to analysts, FCG is anticipating increased demand
for forestry offsets among German voluntary buyers.

Having generated 900,000 tonnes of carbon offsets to date, ERA is "selling
everything we can produce," Mr. Falls said. Moreover, plans to establish
so-called cap-and-trade mechanisms in the United States could boost both the
demand for, and the price of, carbon credits. As some see a potential market
value of $3-trillion by 2018, the company is expanding its inventory - and
horizons - beyond Canadian municipalities and first nations to the developing
world.

Last year, ERA inked a deal with Burundi to restore that country's Kibira
National Park. Working on similar agreements with Congo, Rwanda and Madagascar,
it wants to make sure that local communities are involved in the forest
protection and restoration projects, Mr. Falls said. In some cases, that means
planting alternative sources of wood for cooking.

"People have to feel ownership over these forests and incentivized to
participate in their protection over time," he said.

In Langley, with 1,500 trees planted and an ultimate goal of 30,000, restoring
forest habitat "is a long-term strategy," Mr. Fassbender said. "It also fits
into raising public awareness, getting corporate involvement and making a
difference in the environment. So it all works together."


[Non-text portions of this message have been removed]

----- Original Message -----
From: CNW Portfolio System
To: Portfolio E-Mail
Sent: Wednesday, June 02, 2010 6:16 AM
Subject: Anishinabek set to turn up anti-HST volume



CNW Group Portfolio E-Mail





ANISHINABEK NATION


Transmitted by CNW Group on : June 2, 2010 09:16
Anishinabek set to turn up anti-HST volume
UOI OFFICES, NIPISSING FN, June 2 /CNW/ - Anishinabek Nation Grand Council Chief
Patrick Madahbee wants all First Nation citizens to continue to support
organized peaceful protests against the proposed Harmonized Sales Tax and
encourages everyone to fax and e-mail their concerns to federal Finance Minister
James Flaherty.

"We need to crank this up a notch," said Madahbee. "We need to make sure
Minister Flaherty knows how we feel about this illegal tax when his senior staff
meet with Chiefs in Ontario officials in Ottawa next Monday."

Anishinabek Nation leaders have been seeking a chance to voice their concerns
directly to the federal finance minister since plans were announced in March,
2009 to merge the 8 per cent Ontario Provincial Sales Tax with the 5 per cent
federal Goods and Services Tax. The new HST is to be implemented July 1st and
will be applied to a broader range of goods and services including gasoline,
costs to heat homes with fuel oil or electricity, haircuts, retirement planning
fees and funeral expenses.

"We've been waiting for this meeting for well over a year - we can't let
Flaherty give us a song and dance about how they can't continue to recognize
First Nations point-of-sale tax exemption," said the Grand Council Chief. He
said he was hearing concerns from community members and chiefs that the federal
agreement to meet Monday is a stalling tactic to avoid the embarrassment of
First Nations protests during the June 25-27 G8 Summit of world leaders in
Huntsville.

"If we continue to be illegally taxed we will make sure that the whole world
knows that Canada has once again threatened to erode the treaty and inherent
rights of First Nations," said Madahbee.

On Monday 300 people participated in a Lake Nipigon protest to support Red Rock
First Nation in their demonstration to retain the point-of-sale tax exemption on
July 1.

First Nations along the Highway 69 corridor joined together on May 21 to slow
down traffic and hand out information on the impacts the proposed HST would have
on their citizens, estimated by York University economist Dr. Fred Lazar as high
as $100 weekly for each Anishinabek Nation household.

Several First Nations have served notice they will be setting up toll booths
this summer to slow traffic on the TransCanada Highway and to block rail traffic
through their territories.


The Anishinabek Nation established the Union of Ontario Indians as its
secretariat in 1949. The UOI is a political advocate for 40 member communities
across Ontario, representing approximately 55,000 people. The Union of Ontario
Indians is the oldest political organization in Ontario and can trace its roots
back to the Confederacy of Three Fires, which existed long before European
contact.


-30-

For further information: Marci Becking, Communications Officer, Union of Ontario
Indians, Phone: (705) 497-9127 (ext. 2290), Cell: (705) 494-0735, E-mail:
becmar@..., www.facebook.com - add Anishinabek Nation as a "friend"



ANISHINABEK NATION


                   ANISHINABEK NATION - More on this organization



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UNION OF ONTARIO INDIANS


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Fish-bearing lakes to be destroyed to become tailings ponds
Council of Canadians to sue federal government over Fisheries Act amendment

By Tiffany Crawford, Vancouver Sun
June 4, 2010
http://www.vancouversun.com/technology/Fish+bearing+lakes+destroyed+become+taili\
ngs+ponds+Council+Canadians/3109850/story.html



Say goodbye to this lake: Fish Lake, a trout-bearing body southwest of Williams
Lake, is set to be destroyed by a mining company.
Photograph by: Handout, Brent Patterson
VANCOUVER -- More than a dozen fish-bearing lakes across Canada, including one
near Williams Lake, could be destroyed because of a legal loophole intended to
allow mining companies to use dead lakes for dumping waste, says the Council of
Canadians.

The organization will launch a legal challenge today seeking to overturn
Schedule 2, an amendment to the Fisheries Act that allows mining companies to
dump toxic waste in lakes and rivers by reclassifying them as "tailings
impoundment areas."

That means companies can strip lakes of their normal habitat and use them to
stockpile mine tailings, large piles of crushed rock and chemicals left over
after metals have been extracted.

Council chair Maude Barlow said details of the lawsuit against the federal
government, which will be filed in an Ottawa court, will be released today at a
news conference in Ottawa.

"I can say that we believe the amendment to the Fisheries Act violates the
original intent of the act itself and although the challenge is coming from a
Newfoundland legal team, it is Schedule 2 itself that we are challenging," said
Barlow, a former United Nations senior adviser on water.

The amendment to the act was introduced by the Liberals in 2002 and was
originally intended for companies to use already dead lakes that had been
historically used for mining waste.

Then in 2006, the Conservatives used the loophole to approve the destruction of
two healthy lakes in Newfoundland and Labrador.

Under the Fisheries Act, it is against the law to harm fish-bearing waters.

The council argues the Fisheries Act is mandated to protect Canada's water
bodies and an amendment should not be allowed to violate the act as a whole.

As is its custom, Environment Canada won't comment on a legal challenge, but
said Thursday that storing tailings in lakes is not permitted unless there has
been an environmental assessment.

The federal agency addressed the legal disparity - between the law prohibiting
harm to fish-bearing lakes and the amendment allowing their destruction - by
saying that before a lake is destroyed, companies must prove that dumping waste
in a fresh water body "makes the most environmental, technical and
socio-economic sense."

Companies must develop a habitat compensation plan to ensure there is no net
loss of fish habitat as the result of the approval of a tailings impoundment
area, said Brigitte Lemay, a media spokeswoman for Environment Canada, in an
e-mail.

There are five fish-bearing lakes that have been reclassified by both levels of
government and at least another dozen under consideration. (A proposal must go
through environmental assessments by the provincial government and then the
federal government.)

Ironically, one of the lakes under threat is called Fish Lake.

Located about 125 kilometres southwest of Williams Lake, the mountain lake is
home to about 85,000 rainbow trout.

Vancouver-based Taseko Mines received environmental approval from the province
in January for its proposed Prosperity copper and gold mine on the traditional
territory of the Tsilhqot'in First Nations.

The approval was contingent on fulfilling 103 commitments - including the
creation of an artificial lake as a replacement for the destruction of Fish
Lake.

Brian Battison, Taseko's vice-president of corporate affairs, said the plan is
to transport "some of the fish" from Fish Lake to the new one.

"Our proposal is to build a new lake in the same watershed and it will be larger
and slightly deeper," said Battison, adding the company would also introduce
larger fish to the artificial lake for sport fishing.

"The [fish] that are there now are small and unhealthy. Out of the loss of one
lake you get a new lake and the opportunity for enhanced fishing in the region."

Environment Canada said it is more environmentally sound to destroy a natural
lake than build a tailings pond because tailings can release acidic drainage
when they are exposed to air, which can pollute nearby lakes and streams. The
agency said underwater storage prevents acidic drainage, a reaction that can
occur when sulphides in the rock acidify the water.

"In some cases, use of a natural water body may provide the best storage option
to ensure that the tailings are stored in a safe, controlled way, as it may have
fewer risks of engineering failure than on-land storage under water in some
cases," said Lemay.

A federal environment panel review process on the Prosperity mine proposal
wrapped up last weekend.

The panel will write a report to be finished by July 2. The report then goes to
Minister of Environment Jim Prentice for a decision.

Critics of the mine say the destruction of Fish Lake - considered sacred by the
Tsilhqot'in First Nations- could also harm salmon in the Fraser River if the
chemicals leak into the Taseko River, which is a major salmon run into the
Fraser River system via the Chilko and Chilcotin rivers.

"Fish Lake is connected to an existing water system that is connected to the
Fraser River. How many more hits can the Fraser take?" said Barlow.

Battison strongly denied the suggestion and said there is "absolutely no
evidence" the mine would harm the Taseko River and noted that both the
provincial and federal environmental studies found there to be no significant
impact to wildlife or human health from the mining project.

He said opposition to the project was based on emotion, not sound science.

Taseko estimates the cost to bring Prosperity into production is $800 million.
It would support 700 jobs for two years during construction, and up to 500
full-time jobs during operation, Battison said.

The Council of Canadians is a not-for-profit organization that describes itself
as fighting on behalf of Canadians for progressive policies on fair trade, clean
water, energy security, public health care, and other social and economic
issues.

ticrawford@...



Meera Karunananthan, a spokeswoman for the Council of Canadians, standing in
front of Fish Lake southwest of Williams Lake. The group is fighting to save the
lake from being destroyed by a mining company.
Photograph by: Handout, Brent Patterson

[Non-text portions of this message have been removed]

The anti-HST initiative is doomed. Here's why
By Geoff Plant, Special to the Sun
June 4, 2010
http://www.vancouversun.com/news/anti+initiative+doomed+Here/3110571/story.html

If media statements are to be believed, the organizers of the anti-HST
initiative petition are on the verge of success. But their initiative petition
is fundamentally flawed and cannot possibly achieve the purpose that they
intend.
To understand why, it is necessary to say something about the process under the
Recall and Initiative Act, and to examine the actual petition.

An initiative petition is not just a political campaign, it is a legal process.

At the heart of every initiative petition is a draft statute. The purpose of an
initiative campaign is not simply to complain about government policy -- there
are lots of other ways to do that. The purpose of an initiative campaign is to
require the legislature to pass a statute. The proposed statute is part of the
petition itself.

The Recall and Initiative Act states clearly that an initiative may be
undertaken in respect only of an issue that is within the jurisdiction of the
province. In addition, the act also states that the draft bill must be clear and
unambiguous. The initiative petition fails on both these grounds.

The draft bill prepared by the anti-HST campaign is called the HST
Extinguishment Act. Its central provision states very simply "[T]he HST is
hereby extinguished in British Columbia."

As everyone knows or should know, the HST is not provincial legislation. It's
part of a federal statute, which can be amended or "extinguished" only by the
federal Parliament. The legislature of British Columbia has no ability to
extinguish federal legislation.

The draft bill is therefore a constitutional impossibility. It cannot be passed
by the provincial legislature.

It's important to realize that the question is not whether the anti-HST
campaigners could have drafted a valid bill, but whether they did. No lawyer
ever succeeded in court by asking a judge to ignore the words of a statute and
decide the case on the basis of what the legislature should have said.

The proposed initiative bill is flawed on other grounds. Its preamble states
that the HST "contravenes" the provisions of our constitution under which the
provinces have the power to impose direct taxation.

Unfortunately for the anti-HST campaigners, this is simply not the law. If they
had asked, any constitutional law student could have explained that the federal
government has the power to raise money by any mode or system of taxation.
Therefore, the federal government has all the constitutional authority it needs
to enact the HST, which is just the GST by another name. Similarly, while the
provincial government clearly has authority to enact the PST, it is equally
capable of deciding not to, and that is what it did when it repealed the PST.

It is hardly satisfactory to have the statute books of British Columbia filled
with preambles that are constitutional nonsense.

Other provisions of the proposed bill fail to satisfy the requirement that it be
"clear and unambiguous." For example, the section of the bill that tries to
provide for some kind of refund to British Columbians is particularly
problematic. How will eligibility for this refund be determined? By whom? Where
will the money come from to pay for it? None of this is answered in the bill.

In addition, the bill would reinstate the PST as the "only" sales tax in British
Columbia. It is completely silent on what therefore would happen to, for
example, the Hotel Room Tax, and the Motor Fuel Tax -- are they to be repealed
or reinstated? If so, on what basis?

The fact is that this proposed initiative bill should never have been accepted
by Elections B.C. It does not meet the statutory requirements. But somehow it
was accepted, and thousands of British Columbians have been induced to sign it
in the belief that it will cause the repeal of the HST, when it can do no such
thing.

And what next? There is no procedure in the Recall and Initiative Act for
correcting the flaws in an initiative bill, once it has been accepted by the
chief electoral officer. If the necessary signatures are obtained, the bill goes
to a committee of the legislature. The committee either recommends that the bill
be introduced in the legislature, or refers it back to Elections B.C. for a
provincewide vote.

To undertake a provincewide vote in the face of the constitutional issues I have
described would be a mistake.

There is another option. Under a statute called the Constitutional Question Act,
the provincial cabinet has the power to refer any matter to the Supreme Court or
Court of Appeal of B.C. for hearing and consideration. (This is the procedure
that the government is using to test the constitutionality of the Criminal Code
provisions outlawing polygamy.)

My suggestion is this: If the signature drive succeeds, the committee should be
convened and recommend that the draft bill be tabled in the house, and
immediately thereafter the bill should be referred to the courts for an opinion
on its constitutional validity.

Nothing will be lost by such a procedure and much will be gained. If the bill is
found to be valid, it can be debated and voted on in the house. If not, the
petitioners will be free to try again, but this time the campaign will be
conducted against the backdrop of a much clearer understanding of how our
Constitution works.

Some may say it would be a shame if it turns out that so much energy has been
invested by so many people in a failed undertaking. But that is what the rule of
law is all about -- making sure that we conduct our politics according to law.

This petition fails that test. If it is fatally flawed, as I believe, its
proponents alone are to blame.

Geoff Plant is a partner at Heenan Blaikie LLP and a former Liberal
attorney-general of British Columbia.


[Non-text portions of this message have been removed]

Sad news: ATTAWAPISKAT YOUTH LEADER DIES IN TRAGIC ACCIDENT: PEACE PRIZE NOMINEE
DIES AT AGE 15
----- Original Message -----
From: Russ Diabo
To: Undisclosed-Recipient:;@...
Sent: Friday, June 04, 2010 6:53 AM
Subject: Fw: Sad news: ATTAWAPISKAT YOUTH LEADER DIES IN TRAGIC ACCIDENT: PEACE
PRIZE NOMINEE DIES AT AGE 15


FYI


From: Christa Big Canoe
Sent: Friday, June 04, 2010 9:30 AM
Subject: Sad news: ATTAWAPISKAT YOUTH LEADER DIES IN TRAGIC ACCIDENT: PEACE
PRIZE NOMINEE DIES AT AGE 15


Dear Colleagues and Friends,
You may have recalled  articles I sent some of you almost two years ago
regarding a young shooting star of community advocacy who demonstrated amazing
dedication to her community.  Shannen Koostachin was recently killed in a car
accident.  She was a youth leader from Attawapiskat who lobbied government and
brought international attention to the contaminated school in the community. 
The webpage and YouTube videos  youth promoted garnered a lot of attention and
Shannon was nominated for an International Children's Peace Prize.  She was a
strong supporter of education, spoke articulately in advocacy for her community,
showed no fear challenging policy & law makers and at such a young age was well
beyond her years in wisdom.  The loss of this young life will be a devastation
to her community and to other Aboriginal youth in the north and in Ontario---she
was truly a leader.

When she was only 14, one of the strongest messages she was sharing about the
youth in her community was:
"We want what every other kid takes for granted, we want a new school,"
Another remarkable comment made when she was 13:
"I would like to talk to you what it is like to be a child who grows up never
seeing a real school. I want to tell you what it is like to never have the
chance to feel excited about being educated. You know that kids in other
communities have proper schools. So you begin to feel as if you are a child who
doesn't count for anything. That's why some of our students begin to give up in
grade 4 and grade 5. They just stop going to school. Imagine that. Imagine a
child who feels they have no future even at that young age. But I want to also
tell you about the determination in our community to build a better world. We
are not going to give up. We want our younger brothers and sisters to go to
school thinking that school is a time for hopes and dreams of the future. Every
kid deserves this."

She will remain a strong voice for education in our communities and a role model
who will be dearly missed.   Like others, I hope that all of our youth take up
her cause and find in her wonderful character traits and spirit an inspiration
in advancing our rights.

MP Charlie Angus (Timmins)  is working with the First Nations Child and Family
Caring Society Of Canada to create a special scholarship for Attawapiskat
students in the memory of Shannen Koostachin. Anyone wanting to help the cause
can contact us at: angusc@...

Teen mourned

Posted By KATE MCLAREN, THE DAILY PRESS

A Northern First Nation community is in "shock and disbelief " after the loss of
a prominent youth leader Monday night.

Fifteen-year-old Shannen Koostachin, originally from Attawapiskat First Nation,
was killed when the mini-van in which she was a passenger was struck by a
transport truck near Temagami.

http://www.timminspress.com/ArticleDisplay.aspx?e=2606585

ATTAWAPISKAT YOUTH LEADER DIES IN TRAGIC ACCIDENT: PEACE PRIZE NOMINEE DIES AT
AGE 15

http://www.charlieangus.net/newsitem.php?id=577&PHPSESSID=f96b32c32409dec6e9e651\
439c80a00c



Previous news releases on Shannon Koostachin:

April 2, 2008- Voices in the Night  http://attawapiskat.com/
Shannon Koostachin, a 13 year old student in Attawapiskat said that she wants
her younger brothers and sisters to have a better school than the portables she
received her schooling in, " I don't want others to go to school in portables
that leak, windows don't open, washroom doors don't close and ceilings are
cracked. This is not an atmosphere for learning."

29 May 2008 ... CUPE joins Aboriginal Day of Protest. Shannon Koostachin, age
13, from Attawapiskat, Ontario speaks to a rally on Parliament

http://cupe.ca/aboriginal/Appel__laction_pour_

August 6, 2008- Attawapiskat Youth Nominated for International; Children's Peace
Award  http://tomorrowstrust.ca/?p=2460



THUNDER BAY, ON Thursday August 7, 2008: Nishnawbe Aski Nation (NAN) Grand Chief
Stan Beardy together with Deputy Grand Chief Terry Waboose and the NAN Executive
Council are proud to learn of thirteen-year-old Shannen Koostachin's nomination
for the International Children's Peace Prize for her fight to get a much-needed
school built in her community of Attawapiskat.



"Education is a basic right for every child in Canada, but for far too long the
children of Attawapiskat have been denied the opportunity to learn in safe,
clean and comfortable surroundings," said Nishnawbe Aski Nation (NAN) Grand
Chief Stan Beardy. "Children are our future, and it is shameful that in this day
and age our children are crowded into drafty, leaky portables that challenge the
delivery of their academic programs instead of learning in a proper facility."

Koostachin has garnered national attention for challenging Minister of Indian
and Northern Affairs Canada Chuck Strahl over his refusal to honour a federal
commitment to build a new school in the remote Cree community. She was nominated
on behalf of the children of Attawapiskat by the First Nations Child and Family
Caring Society of Canada for being an inspiring young leader.

The International Children's Peace Prize is awarded annually to a child that has
devoted a lot of his or her energy to improving the rights of children. It is an
initiative of the KidsRights Foundation with the support of the Nobel Peace
Prize Laureates. The 2008 recipient will be announced at the end of the year.

Attawapiskat First Nation has fought for a new school for eight years and
launched an awareness campaign after plans for a new school were cancelled in
December 2008 by the Government of Canada. A YouTube campaign entitled
Attawapiskat School Fight (http://www.youtube.com/watch?v=QzLMuW1N50IHYPERLINK
"http://www.youtube.com/watch?v=QzLMuW1N50I"www.youtube.com/watch?v=QzLMuW1N50I)
has received more than 68,000 hits.

"I am very proud and inspired by the work of Shannen Koostachin and the children
of Attawapiskat, but I am very discouraged and disheartened by the Government of
Canada's failure to address these basic educational needs," said NAN Deputy
Grand Chief Terry Waboose, who supported Koostachin's nomination on behalf of
NAN. "It is shameful and unethical that these young leaders and this community
has been forced into a position to lobby for what every other Canadian child has
the right to - a quality education."

Nishnawbe Aski Nation is a political territorial organization representing 49
First Nation communities in James Bay Treaty 9 and Ontario portions of Treaty 5
- an area covering two thirds of the province of Ontario.

27 Nov 2008 ... Reserve Teens wants school 
http://www.parentcentral.ca/parent/article/544363
Serena Koostachin, 16, Shannen's older sister, said yesterday she will continue
to fight for a new school. Toronto Star. Editor's Picks ...

June 2009 --School issue off to UN 
http://timminspress.com/ArticleDisplay.aspx?archive=true&e=1118402

MP Charlie Angus (Timmins)  is working with the First Nations Child and Family
Caring Society Of Canada to create a special scholarship for Attawapiskat
students in the memory of Shannen Koostachin. Anyone wanting to help the cause
can contact us at: angusc@...



   Christa Big Canoe
   Policy Counsel, Aboriginal Strategy
   Employee Engagement Committee Member
   Legal Aid Ontario
   40 Dundas Street West, Suite 200,
   Toronto, ON M5G 2H1
   Phone 416-979-2352  ext.6414






[Non-text portions of this message have been removed]

----- Original Message -----
From: Russ Diabo
To: Undisclosed-Recipient:;@...
Sent: Friday, June 04, 2010 7:02 AM
Subject: Signals mixed on Tory support for UN native rights declaration


Signals mixed on Tory support for UN native rights declaration
By Mia Rabson, Winnipeg Free Press
June 4, 2010




Maka natives dance on April 19 during festivities marking the American
Indigenous People Day, in Mariano Roque Alonso, Paraguay.
Photograph by: Norberto Duarte, AFP/Getty Images
OTTAWA - The Harper government's response to a human rights challenge has called
into question its throne speech commitment to ratify the United Nations
Declaration on the Rights of Indigenous Peoples.


In its speech in March, the Tories delivered a surprise about-face on the
declaration, pledging to give it qualified support.


Canada was one of four countries which refused to ratify the declaration in
2007, citing a conflict between the declaration and Canada's Constitution.


This week, in a submission to a Canadian Human Rights Tribunal case on funding
for First Nations child welfare, the government said the declaration is
meaningless in Canada and shouldn't be used to determine the human rights
challenge.


"In its explanation of vote at the (United Nations General Assembly) Canada
stated that it had significant concerns with the wording of the text, and
underlined that it is non-binding, has no legal effect in Canada and that its
provisions do not represent customary international law," reads the submission
from the attorney general of Canada.


"Canada's position on the declaration has not changed."


Liberal aboriginal affairs critic Todd Russell said that is a "shocking"
statement which shows Canada is not living up to its throne speech commitment.


"They got a hell of a lot of credit for saying they were going to (adopt the
declaration)," said Russell. "I've rarely seen such a two-faced approach."


The declaration sets out international standards for the treatment of indigenous
peoples worldwide, including protection of culture, language and identity, and
rights to access employment, health and education.


It is more symbolic than anything and is not legally binding.


However, aboriginal Canadians lobbied Ottawa hard to adopt the declaration - and
the statement in the throne speech was seen as an act of good faith by the
federal government.


"This commitment offers the potential for real, transformational change in the
relationship between First Nations and Canada," Assembly of First Nations
national chief Shawn Atleo said at the time.


Atleo was unavailable to comment Thursday.


A spokeswoman for Indian Affairs Minister Chuck Strahl said the government still
plans to give the declaration qualified approval.


"I can tell you that our government is committed to endorsing the (declaration)
in a manner that is fully consistent with Canada's Constitution and laws," said
Michelle Yao in an e-mail. "We will continue to dialogue with Canada's
Aboriginal people and our international partners, in order to recognize this
document within the context of our own legal framework and the Canadian
Constitution."


She could give no explanation for the submission to the Human Rights Tribunal,
saying she can't comment because it is a matter currently before the courts.


© Copyright (c) Winnipeg Free Press

[Non-text portions of this message have been removed]

----- Original Message -----
From: Russ Diabo
To: Undisclosed-Recipient:;@...
Sent: Friday, June 04, 2010 7:22 AM
Subject: From Ski Hills to the Summit


June 19, 2010
From Ski Hills to the Summit
Indigenous activists challenge Canada's claims to traditional lands
by Dawn Paley

The Dominion - http://www.dominionpaper.ca




A demonstration in solidarity with Grassy Narrows in Toronto. Defenders of the
Land, a network of communities that includes Grassy Narrows, is calling for a
nationwide day of action to "Tell the world the truth about Canada's record on
Indigenous rights" on June 24. Photo: Allan Cedillo Lissner

VANCOUVER-"Recovery and New Beginnings" is the slogan Canada will be pushing at
the G20 summit in Toronto, but for many Indigenous people, what's going on
inside the meeting represents more of the same.
Activists like Arthur Manuel begin_of_the_skype_highlighting    
end_of_the_skype_highlighting of the Secwepemc Nation think the impacts of a
Canada-hosted summit are clear.

"The G8/G20 impacts Indigenous people because Canada, who's hosting the session,
is actually claiming they have 100 per cent exclusive power, jurisdiction,
authority over Aboriginal and treaty territories, and that's totally wrong," he
said.

Manuel and others will be working to ensure that the illegitimacy of the G20,
and the Canadian government's ongoing denial of Indigenous sovereignty, take
centre stage during the meetings.



What is Defenders of the Land?

In a declaration entitled, "Tell the world the truth about Canada's record on
Indigenous rights!", the Defenders of the Land, a network of Indigenous
communities and activists, is appealing for a "cross-Canada day of non-violent
action" on June 24, timed to coincide with the opening of the G20 summit in
Toronto.

According to the declaration, actions could include "blockades, occupations,
rallies, or economic disruptions, in addition to spiritual ceremonies and
community gatherings, all of which maximize respect for life and our rights as
Indigenous Peoples."

First Nations signed on include the Algonquins of Barriere Lake in Quebec, the
Ardoch Algonquin and Big Trout Lake in Ontario, and the Carrier Sekani Tribal
Council, which represents eight communities in the central interior of British
Columbia.

They aim to draw attention to what they say is the Canadian government's
"continued policy...to terminate Indian Peoples by removing our land and
resource base and denying us the right to self-determination."

Canada, alongside New Zealand, Australia and the United States, were the only
countries to vote against the United Nations Declaration on the Rights of
Indigenous Peoples in 2007. Australia reversed its position last year and was
recently followed by New Zealand, which declared its support at the United
Nations Permanent Forum on Indigenous Issues in New York on April 19. The next
day, Washington's UN Ambassador Susan Rice announced the United States would
review its opposition.

In his Speech from the Throne in March, Canadian Prime Minister Stephen Harper
indicated the Conservative Government might give "qualified recognition" to the
UN Declaration, which critics argue would drastically limit its full
implementation.

During the national day of action, Defenders of the Land will demand the
Canadian government adopt and implement the UN Declaration, recognize Indigenous
land rights, stop criminalizing Indigenous human rights activists, and
investigate and take action to end the murder and disappearance of hundreds of
Indigenous women (582 since 1974, by the latest count of the Native Women's
Association of Canada).

-Martin Lukacs
From climate change to Indigenous rights, the government of Canada lags far
behind.

The G8 is a power play by participating countries, said Ben Powless, a Mohawk
from Six Nations who works with the Indigenous Environmental Network. "It's an
effort to try and get out of their international obligations in terms of the
[United Nations] and in terms of their own actual moral and legal
responsibilities to the people most impacted by their decisions."

Manuel and Powless are part of a push to bring Indigenous resistance to the
international, macroeconomic level. Both are involved with Defenders of the
Land, a national-level organization that attempts to bring together a national
response to Indigenous struggles that are often isolated and fragmented.

"The AFN [Assembly of First Nations] has already tried to deal with all these
issues, and so have all the provincial, territorial and tribal organizations,"
said Manuel. "They've all written their letters, they've all had their
resolutions, but the government doesn't respond to it. The Defenders is just
another added level of reaction that is coming from a body that isn't really
controlled through any sort of government-type funding," he said.

The AFN and the territorial and tribal organizations receive yearly core and
project funding from the federal government.

"But I don't think Defenders in itself is adequate. I think the real answer is
the local people have to get involved, local people have to take action on the
ground and force the federal government and the provincial government to change
basic fundamental policy," said Manuel.

This push for bottom-up action is a concerted, purposeful response to the
top-down, undemocratic powers exercised by the G20.

"Right now all of the major economic decisions are top-down; that's what the
G8/G20 is all about," said Manuel. "All the top dogs get together, and they make
decisions in private meetings. And the decisions float down-which is wrong. One
of the things about Aboriginal treaty rights is that it's a very bottom-up kind
of approach, especially vis-a-vis the G20."

Manuel emphasized that non-Native support for Indigenous struggle is not only
possible, but also an effective way to push back against corporate power.

"The real thing for Canadian people to realize is that Indigenous people are
really the only ones who have a legitimate interest in pushing back government
and pushing back industry, and you can tell that just by the court decisions
that Indian people have won," he said. "If Canadians can understand that, that's
how they can counterbalance big companies: by supporting Indigenous people, and
the recognition of Aboriginal treaty rights-as opposed to just leaving it up to
the government. If you leave it up to the government then you're endorsing the
top-down approach."

While 2010 is the second time Canada has hosted the Winter Olympics and the G8
in a single year, it is the first time anti-capitalist and anti-colonial
movements will converge on both events.

For those who were part of the anti-Olympics convergence in Vancouver, the
G8/G20 protests in Ontario mark the next step forward.

"The step forward I want to take from anti-Olympics organizing is from here to
Toronto," said Lyn Highway, a community organizer in Vancouver. "Convergences
are places where Indigenous resistance can connect with other anti-capitalist
resistance."

For Highway, being able to work on an autonomous action and also plug into legal
and media infrastructure set up as part of the convergence, was one of the key
successes of the anti-Olympics convergence.

"The anti-globalization movement never really mobilized Native people in North
America, although there were large numbers involved in Mexico and South
America," said Gord Hill, an artist from the Kwakwaka'wakw nation involved in
anti-Olympics organizing. But he thinks many Native people were encouraged by
the expressions of resistance during the Games in Vancouver.

"No movement has ever succeeded without using a diversity of tactics, which
arises from the involvement of diverse social movements, and this is a strength
that should be promoted," said Hill. "Expressions of resistance in non-Native
movements shows a fighting spirit, a warrior spirit," he said.

A day of action on Indigenous rights, called by the Defenders of the Land, will
take place June 24 in Toronto.

An Indigenous counter-summit planned for Toronto evolved out of an Indigenous
summit in Hokkaido, Japan, which took place during the G8 summit there in 2008.

The decision to focus on the G8 in 2008 was a telling moment in the
international Indigenous movement, said Powless, because it brought together
those people living in G8 countries who are directly impacted by economic and
colonial policies.

The four-day gathering at Toyako, Hokkaido, in Ainu territory, included Ainu
performances and cultural events, as well as open- and closed-door meetings, all
of which took place alongside public events surrounding the G8 summit. "It did a
good job of opening up the spotlight in terms of Indigenous issues there, and
gave a fairly prominent voice to a lot of the Indigenous representatives who
were able to attend," said Powless.

In addition to the actions of June 24, Indigenous people will be active around
the G20 in labour unions, anarchist collectives, and national and youth
organizations.

Dawn Paley is a journalist based in Vancouver. She is a member of the editorial
collective of the Vancouver Media Co-op.

This story was published in The Dominion's special issue on the G8 and G20
summits in Ontario. We will continue to publish independent, investigative news
about the G8 and G20 throughout the month of June.

For up-to-the-minute G8/G20 news from the streets of Toronto, visit the Toronto
Media Co-op.


[Non-text portions of this message have been removed]

----- Original Message -----
From: Russ Diabo
To: Undisclosed-Recipient:;@...
Sent: Thursday, June 03, 2010 8:07 AM
Subject: Boreal countdown


News


Boreal countdown
By Enzo Di Matteo

The details of the greenprint signed two weeks ago by eco groups and the forest
industry to save the boreal forest are emerging after the 39-page pact was
leaked last week. Is the historic Canadian Boreal Forest Agreement (CBFA) as
good as advertised?

We break it down in five easy pieces.


1. Burning question

The one on everybody's mind: why weren't First Nations included in the
discussions?

That was deliberate, says Larry Innes, executive director of the Canadian Boreal
Initiative. The nine ENGOs that are signatories to the pact, he says, didn't
want discussions to be encumbered by baggage from three decades of land claims
squabbles between native groups and timber companies. The practical
consideration was also that there are some 600 First Nations in Canada. As it
was, the deal took two years to finalize. (As well as the nine ENGOs, 21 timber
companies signed the agreement.)

Innes says work is under way to bring First Nations into the fold. Some First
Nations in Quebec and Labrador have offered qualified support for the agreement.
Others, like Nishnawbe Aski Chief Stan Beardy have called the pact
"disrespectful" for not including natives from the outset.

Says Innes, "We understand that the lands we're fighting for belong to
government and First Nations. We see ourselves as stakeholders in this. It was
always our hope that aboriginal communities and provincial governments would be
brought in later to be the ultimate decision-makers."

2. The devil in the details

The positive: the agreement defines what areas are off limits to logging, some
29 million hectares in all. The trade-off: huge areas, so-called "commercial
forestry zones," making up some 50 per cent of the boreal forest, will be opened
to logging.

Also, under section 28, lands sold by a signatory to the agreement to a third
party are removed from the conditions of the deal, which could be a good thing
or bad thing, depending on who ends up being the purchaser.

Clayton Thomas-Muller of the Ottawa-based Indigenous Environmental Network
worries that the pact is a precursor to a deal on carbon offsets that will allow
forest companies to continue clear-cutting in other areas, like the tar sands
and native territories already being deforested. 

3. The big risk for the environmental movement

ENGOs know they're taking a big gamble abandoning what Innes calls "old but
reliable approaches," i.e., boycotts, in the fight against logging interests.
Can timber giants that have shown reckless disregard for native claims and a
cavalier attitude toward environmental concerns over clear-cutting in the past
be trusted to change their evil ways? Or will they use the agreement to apply
the old strategy of divide-and-conquer against ENGOs that are signatories to the
agreement and smaller eco groups that are not part of it and are engaged in
struggles on the ground against timber interests?

Innes argues that the agreement will give environmental groups leverage to
contrast the bad practices of non-participating logging companies with the new
commitments made by signatories to the agreement.

Proponents of the deal point out that huge swaths of the area involved in the
deal are already under licence to lumber companies.

Says Canopy executive director Nicole Rycroft: "One hundred per cent of nothing
gets you nothing."

4. Most misunderstood about the pact

It's not a done deal, but rather a first step - a ceasefire, if you will -
between two long-time warring factions. It's voluntary and non-binding and still
requires the blessing of provincial governments and aboriginal communities.

Much hard work and goodwill will be required to make it work. It's not a land
use planning agreement; it's aspirational and part demonstration, as in "to
demonstrate to governments that practical, broadly supported outcomes are
possible through voluntary and collaborative measures, in the hope that
governments will respond by adopting them," says Innes.

Just as important as which companies signed, however, is which didn't. In that
group is Domtar, the largest paper company in North America, which runs a pulp
mill in Dryden whose toxic releases continue to poison the nearby Grassy Narrows
reserve. Who's supplying the chips to Domtar's Dryden pulp mill? The question
has been asked. Could it be one of the signatories to the Boreal Forestry
Agreement?

5. Why now?

A confluence of factors made the pact doable and provided the necessary
breathing room for negotiations. First, forest companies are hurting, feeling
the strain of boycott campaigns over the last decade, and had no choice but to
cut a deal with environmental groups. Many of the signatories to the agreement
are in bankruptcy protection and see the deal as a green lifeline.

For environmentalists, the sense of urgency was being pushed by the coming
climate change bomb and the need to preserve the boreal forest, or at least
large parts of it, as a carbon sink to counteract ever-growing amounts of
greenhouse gases.

Saving the woodland caribou was the other big consideration. Half of the 57
herds roaming the country are in steep decline. The hope, says Rycroft, is that
the deal will provide a model to save other important stands on the planet like
the Amazon rainforest.

enzom@...


NOW | June 3-10, 2010 | VOL 29 NO 40

[Non-text portions of this message have been removed]

----- Original Message -----
From: Russ Diabo
To: Undisclosed-Recipient:;@...
Sent: Friday, June 04, 2010 8:25 AM
Subject: Fw: June 4, 2010 Message from William Commanda to Algonquins. Please
forward to Algonquins on your lists.


FYI


From: Romola
Sent: Friday, June 04, 2010 11:00 AM
To: circleofallnatios@...
Subject: June 4, 2010 Message from William Commanda to Algonquins. Please
forward to Algonquins on your lists.


June 4, 2010 Message from William Commanda to Algonquins of the Ottawa River
Watershed


Greetings!


I have been blessed by the guidance and strength of the Sacred Wampum Belts of
our Anisninabe ancestors to assert their presence over the past forty years, and
many, Indigenous and non-Indigenous, have been awakened to our history, wisdom
and relevance in these times of unprecedented global uncertainty and chaos.  But
in our traditional way of thinking, the individual is only a cornerstone of a
community, and we must bring our individual strengths together to recreate the
strong communities we developed in the past. I have often said that Indigenous
Peoples are the only ones who have never gone elsewhere to make new homes, we
are at home here; we maintain the sacred unbreakable connections with Mother
Earth, and we have to assert this reality with even greater vigour and
perseverance in these times of war and strife, climate change and environmental
crisis.  Without doubt, Mother Earth's voice is loud now, and she is calling
urgently to draw us back to her. We have a crucial role to play in restoring
balance on Earth, and our Earth based and cyclical ways of thinking have a
vitally important role to play in human evolution and growth. We can all see the
huge deficit and spiritually bankrupt legacy looming in the global landscape.


I have been fortunate to express and assert my relationship with the Algonquins
of the Ottawa River Watershed for many years, despite the fact that we have been
separated by history, provincial and reserve boundaries, language, politics, and
innumerable other devastatingly divisive factors that have been imposed on us,
our ancestors and our children; and my life has been immeasurably enriched and
strengthened by this experience with all my Algonquin brothers and sisters. I
see in younger people of Algonquin ancestry unique strengths, skills, abilities
and passions, which, when combined, will constitute a strong, wise and
influential voice in the heart of the country.  Still, our painful history of
many centuries, of many generations, affects us all in various ways, and it has
prevented us from unifying and finding our zones of common voice and purpose. It
has also prevented the Algonquin Nation from occupying its rightful position in
the national capital region, obliterated the real history of the region, as well
as the contribution of our grand natural resources and labour, so crucial to the
development of the entire country, from most minds.  The capital city, which
lies in the heart of our traditional territory, is only barely beginning to hear
of us. Our history has also impacted the strength of other Aboriginal Peoples
across the country, since it is us Algonquins of the Ottawa River Watershed who
belong in the National Capital Region, and our invisibility here has been
detrimental to the overall organic strengthening of the Aboriginal voice.


The challenges are great for all First Peoples; they are even greater and indeed
more unique for  Algonquins in this national capital region, who, having lost
our common language, have been further separated by the English and French
languages, hostilities and religious affiliations, both on and off reserve.


On June 4, 1613, our ancestors encountered Samuel de Champlain at our ancient
meeting ground at Akikpautik, the Sacred Chaudière Falls, the pail rapids, that
for centuries represented for us the womb of Mother Earth and the bowl of the
pipe that took our prayers up to Kitchi Manitou; and they witnessed his arrival
with prayer.  Though recent history has removed us from this sacred site,
Indigenous Peoples have nonetheless been drawn back there over the past forty
decades to find strength to assert their voices.  Despite the differences that
continue to ravage the Algonquin Peoples, Algonquins from both sides of the
Might Kitchisippi have expressed support for the vision for an Indigenous Centre
of national and international potential at this sacred heartland.


This can be the starting place for us to find our common purpose, and in time,
our restrengthened relationships will enable us to build bridges and
understanding in the more contentious areas that divide us.  But we need to make
a start towards such healing now; the plight of our people - poverty, suicide,
health, despair besiege us everywhere - is desperately urgent. It is said You
make the road by walking it, and indeed, that the journey is the goal - we must
embrace this idea and trust that new ideas and strengths for transforming old
realities will present themselves to us again and again, if we give them a
chance to emerge.


We need an Algonquin leadership group to focus energy into a common purpose that
will serve not only the Algonquins of the Kicthisippi Watershed, but our
relatives in the 84 Algonquin Nations beyond, Aboriginal Peoples across the
country,  Native Americans across the border, and all others who now occupy
Turtle Island.  We will not have to do all the work - but we must catalyze the
energy for change and transformation as we are the peoples of this sacred
heartland.


We can no longer let the differences that have been imposed upon us for years to
continue to divide and oppress us - we must humble ourselves and in that process
find true strength and transformation. That was the strength of our ancestors
revealed in the sweat lodge fires dotting this valley when Champlain arrived;
and though our spiritual heritage has been eroded, we can still reclaim its
essential teachings.  Indigenous Peoples are a miniscule number when compared
with the thirty six million people who now occupy Canada; every voice returning
to the source is essential for our journey forward.


When I look back over my almost one hundred years of life, I see much change; I
see that despite near genocide, the authentic voice of our people is
irrepressible. Today, younger people are seeking its strength in growing
numbers, while the reality is also bleak for many others of our young people;
once the door opens, more will move forward to reclaim their rightful heritage. 
I already see much strength reflected in our diverse voices - we have strong
ceremonial people, Pipe Carriers and Sacred Fire Keepers and Elders who keep our
spiritual heritage alive; high ranking bureaucrats who understand the workings
of government; lawyers who know our rights and the legal system; traditional
governance experts; academics, teachers and healers; environmental experts;
historians who know our story; elders who keep our languages alive; chiefs who
know the challenges our communities face; activists who push the edges; people
with business and economic development expertise; we have expertise and passion
in so many areas - but we need to regenerate a sense of community for these
strengths to blossom, multiply and serve our people collectively.


It is time for the next steps forward.


As I have said, Algonquins of different backgrounds and from both Quebec and
Ontario and beyond, see common purpose in supporting the vision for Asinabka
National Indigenous Centre. We need a small group of Algonquins to initiate next
steps to advance this work.  Many non-Aboriginal peoples at grass roots and
politically influential levels have been awakened and stand ready to assist and
support.  The larger Aboriginal community is also on alert. This central vision
will in time give us an opportunity to find the wisdom to work together on other
issues.


Beyond this, there is a tremendous need for Algonquin presence in key events and
activities in the National Capital Region - for prayers, opening ceremonies,
drumming and dancing, for visibility and influence.  Since this is the capital
city of a major globally important country, such activities are of national and
international relevance.  The demands could be overwhelming for one or a few;
many of these opportunities are unfunded, and travel is not always easy; but a
team of Algonquins could ensure our consistent,regular and visible presence
here.  The city of Ottawa is embarking on a cultural renewal program, but do not
know where to go to find the genuine Aboriginal voice in the city, nor how to
distinguish the Algonquin from the other urban Aboriginal voices.  Communities
are looking for Algonquin participation in their many activities, but don't know
how to find this.


June 4, 2013 is four years away - this is when Canada will celebrate Champlain's
four hundred year anniversary arrival in the Ottawa valley; in 2017, Canada
celebrates its one hundred and fiftieth birthday.  Many already know that the
Sacred Chaudiere Site lies at the heart of these celebrations; and the vision of
Ginawaydaganuc, We Are All Connected is indeed the message of the times for the
nation and the world, its peoples and Mother Earth herself.


I pray that Algonquins come together to prepare for taking our rightful place in
our sacred heartland.  After all, 2013 is also the time of great transformation
in Indigenous Prophecies, and our Sacred Wampum Belts, the ancient belt of the
Seven Fires Prophecy, the Three Figure Welcoming and Sharing Belt, and the
Border Crossing Belt, are preparing us for this moment.  May we prepare
ourselves now for the next stages of our unfolding destiny.


We need leadership to inspire and fire the next stages of our growth.   On this
June 4, 2010, may we light our individual and collective prayers in
commemoration of the historic moment of 1613 and draw on the eternal strength of
our ancestors to blaze a trail for our children.


I am looking for someone to organize a gathering of interested Algonquins to
spark the next stages of our work in this uncharted area.  The Gathering of
Nations Pipe Ceremony on June 21 and the Circle of All Nations Spiritual
Gathering August 6, 7 and 8 present as two opportunities to initiate such
discussion. A gathering focused solely on Algonquin community building is also
highly desirable - and this could be accommodated at my lodge or elsewhere
during the summer.


I am anxious to hear from you before June 14, 2010.


Sincerely,


William Commanda
Algonquin Elder




********************************************************************************\
********************************************************************************\
**********************


Take good care,


Romola


Coordinator / Coordonnatrice
Circle of All Nations / Cercle de toutes les nations
506 Stratas Court
Kanata, ON K2L 3K7
613-599-8385
819-449-2668

http://web.mac.com/circleofallnations
Blog updated April 11, 2010
An Officer and a Gentleman - What a Lifetime Achiever!





[Non-text portions of this message have been removed]

Minister Strahl Visits Russia to Discuss Northern Economic Development
----- Original Message -----
From: Marketwire
Sent: Friday, June 04, 2010 2:42 PM
Subject: Minister Strahl Visits Russia to Discuss Northern Economic Development







                                 Indian and Northern Affairs Canada


                                 Other Recent News




                         June 4, 2010
                         Minister Strahl Visits Russia to Discuss Northern
Economic Development
                         ST. PETERSBURG, RUSSIA--(Marketwire - June 4, 2010) -
The Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development
and Federal Interlocutor for Metis and Non-Status Indians and Minister for the
Canadian Northern Economic Development Agency, wrapped up his inaugural visit to
Russia today following successful meetings with Russian officials to discuss
Northern development and Aboriginal issues.

                         Minister Strahl's trip to Russiafollows a recent visit
to Canadaby Viktor Fyodorovich Basargin, Minister of Regional Development of the
Russian Federation, for the signing of a new work plan to implement activities
under a 2007 Memorandum of Understanding between the two countries to cooperate
on Northern Development and Aboriginal issues.

                         "Canada's participation at these meetings is a tangible
example of the true relationship that is being built between Canadaand Russia.
Now that we have in place the Northern Strategy, the CanNor Agency, and the
Federal Framework for Aboriginal Economic Development, we have the right tools
and the potential to further deepen our cooperation to strengthen our northern
economies," said Minister Strahl.

                         The Minister met with Russian and Canadian business
leaders to discuss the importance of the Government of Canada's collaborative,
strategic approach to economic and social development in the North. In addition
to discussing the enhancement of diversified economies with Mr. Basargin, the
Minister met with representatives of the Russian Association of Indigenous
Peoples of the North (RAIPON), Siberia and Far East.

                         "As a Northerner, I understand how important and
effective collaboration and working together can be, to improve the lives of
people in the Arctic," said the Honourable Leona Aglukkaq, Canada's Minister of
Health. "I am pleased that both Canadaand Russiarecognize and encourage the
unique interests and special relationship of Aboriginal peoples of the Arctic."

                         Canada and Russiahave a shared northern heritage that
enables our countries to focus on the preservation of culture, language and
traditional knowledge. Minister Strahl's visit to Russiasupports the Northern
Strategy objectives of strengthening Canada's Arctic sovereignty, protecting the
North's environmental heritage, promoting social and economic development, and
improving and devolving northern governance.

                         Background - Memorandum of Understanding (MOU) between
the Department of Indian Affairs and Northern Development (Canada) and the State
Committee on Northern Affairs of the Russian Federation Concerning Cooperation
on Aboriginal and Northern Development
http://www.ainc-inac.gc.ca/ap/pubs/mourus/mourus-eng.asp

                         This release is also available on the Internet at
www.inac.gc.ca

                         RSS Feed

                         Subscribe to Indian and Northern Affairs Canada's (INAC)
RSS feed to receive updates to our Media Room. Subscribers will receive the
content title, a brief summary, the date published and a link to the full
content on the INAC website.

                         Subscribe

                         Media Room RSS Feed

                         URL: http://www.ainc-inac.gc.ca/1info/rssinfo-eng.asp

                         Description: News releases and speeches on current and
historical matters relevant to Aboriginal people and Northerners.



                         CONTACT INFORMATION:
                         Minister's Office
                         Office of the Honourable Chuck Strahl
                         Michelle Yao
                         Press Secretary
                         819-997-0002

                         or

                         Indian and Northern Affairs Canada
                         Media Relations
                         819-953-1160



                         INDUSTRY: Government - Local, Government - National









[Non-text portions of this message have been removed]

----- Original Message -----
From: First Peoples Human Rights Coalition
To: info@...
Sent: Saturday, June 05, 2010 5:10 AM
Subject: "Indian" Status Issue: QNW Demands Amendments to Bill C-3: Aboriginal
Women Deserve Better


From the Press Release attached and also copied below: "QNW calls upon all
Aboriginal communities and their organizations, as well as all Canadians and
Québeçois to join our efforts in urging the government to accept amendments to
Bill C-3 as per the recommendations of Aboriginal organizations, so that Canada
can finally end the gender discrimination endured by Aboriginal women and their
families."

________________________

[Forwarded by Ellen Gabriel - President, Quebec Native Women Inc./Femmes
Autochtones du Québec]









June 3, 2010

Ottawa, ON:  Parliament Hill



"Indian" Status Issue: QNW Demands Amendments to Bill C-3: Aboriginal Women
Deserve Better



Quebec Native Women held a press conference today in Parliament to demand that
the Government of Canada place Bill C-3 on hold so that they may make
amendments.  QNW president Ellen Gabriel was joined by Liberal MP Anita Neville,
Status of Women critic, and Bloq Québeçois MP Marc Lemay, Aboriginal Affairs
critic, in demanding amendments to Bill C-3, an "Act to promote gender equity in
Indian registration".



Opposition parties have been consistent in their positions on Bill C-3, which in
its current form will not end gender discrimination.  They have also been
critical of the Conservative government's unwillingness to make amendments to
this Bill as per the recommendations by Aboriginal organizations and opposition
parties.



Canada was ordered by the BC Court of Appeal to amend S.6 of the Indian Act.
Motivated by economics, the government has created the very minimum possible in
its writing of Bill C-3.  Canada has failed to uphold the honour of the Crown
with a lack of consultations and dialogue with Aboriginal communities and
organizations.  Canada ignored its constitutional duties as stated in S. 35 of
Canada's Constitution Act1982, by failing to accommodate the concerns of
Aboriginal peoples.



To ignore the sound recommendations made by Aboriginal peoples before and after
the Bill was introduced into Parliament is another indication of the lack of
respect and apparent disdain towards Aboriginal peoples rights.  The government
is failing to uphold the Rule of Law, both domestically and internationally
without regard to the discrimination perpetuated under the current legislation.



QNW calls upon all Aboriginal communities and their organizations, as well as
all Canadians and Québeçois to join our efforts in urging the government to
accept amendments to Bill C-3 as per the recommendations of Aboriginal
organizations, so that Canada can finally end the gender discrimination endured
by Aboriginal women and their families.



The Government of Canada can request an extension from the Court of Appeals of
British Columbia and create a special parliamentary committee to examine the
Bill which would make recommendations.  This would accommodate Aboriginal
peoples' concerns and support a sincere dialogue that will move towards true
reconciliation.



We would like to thank all the opposition parties who have genuinely expressed
concerns regarding the inadequacies of Bill C-3, and who have listened intently
to the concerns and recommendations of Aboriginal women, organizations and our
communities.



While the Indian Act continues to control the lives of Aboriginal peoples in
Canada, we urge that the Government of Canada incorporates this amendment that
QNW has proposed in its November 13, 2009 memoire submitted to Indian and
Northern Affairs:



"that the Indian Act amendments eradicate all forms of discrimination against

Aboriginal women and their male and female descendants by removing the

element of categorization of Indian Status i.e. 6(1), 6(2).".





Skén:nen - In peace

Ellen Gabriel

President

Quebec Native Women Inc./Femmes Autochtones du Québec



Phone :  450-632-0088

Web : http://www.faq-qnw.org





____________________________


[Non-text portions of this message have been removed]

----- Original Message -----
From: First Peoples Human Rights Coalition
To: info@...
Sent: Saturday, June 05, 2010 4:28 AM
Subject: United States Review of the UN Declaration on the Rights of Indigenous
Peoples



      U.S. DEPARTMENT OF STATE

       DIPLOMACY IN ACTION




http://www.state.gov/r/pa/prs/ps/2010/06/142662.htm

United States Review of the UN Declaration on the Rights of Indigenous Peoples
Office of the Spokesman

Washington, DC

June 4, 2010




--------------------------------------------------------------------------------

The Department of State has created a new website to enable public input during
the U.S. review of its position on the UN Declaration on the Rights of
Indigenous Peoples. On April 20, 2010, United States Permanent Representative to
the United Nations Ambassador Susan E. Rice announced at the United Nations
Permanent Forum on Indigenous Issues that the United States has decided to
review the U.S. position on the Declaration.



The Administration recognizes that, for many around the world, this Declaration
provides a framework for addressing indigenous issues. During President Obama's
first year in office, tribal leaders and interested non-governmental
organizations (NGOs) encouraged the United States to reexamine its position on
the Declaration - an important recommendation that directly complements our
commitment to work together with the international community on the many
challenges that indigenous peoples face.



As part of the U.S. government's review, the U.S. Department of State, together
with other Federal agencies, will be hosting consultations with
federally-recognized tribes and dialogues with interested NGOs and other
stakeholders. The consultation and meeting schedules will be listed on the
website located at
http://www.state.gov/s/tribalconsultation/declaration/index.htm. Tribal leaders,
NGOs, and others are encouraged to contribute to the review by emailing us at
Declaration@..., or by submitting comments via mail to the Department of
State at: S/SR Global Intergovernmental Affairs, U.S. Department of State, 2201
C Street N.W., Suite 1317, Washington, D.C. 20520. Written comments are
requested by July 15, 2010 to ensure that they can be given due consideration in
the review.



PRN: 2010/730



The Office of Electronic Information, Bureau of Public Affairs, manages this
site as a portal for information from the U.S. State Department.
External links to other Internet sites should not be construed as an endorsement
of the views or privacy policies contained therein.



+++++++++++++++++++++++++++++++++++




[Non-text portions of this message have been removed]

Massive tankers, crude oil and pristine waters: Can the unthinkable be
prevented?
A $5.5-billion project would transport 83.5 million litres a day from Edmonton
to Kitimat and beyond by sea.

By Scott Simpson, Vancouver Sun
June 5, 2010
http://www.vancouversun.com/news/Massive+tankers+crude+pristine+waters+unthinkab\
le+prevented/3115151/story.html



Tankers moving down Douglas Channel and along the B.C. coast pass through a
range of environmentally sensitive areas, as well as important habitat for
birds, fish and mammals. Some observers say the risk of adverse impact from an
oil spill is too great to allow tanker traffic. Northern Gateway pipeline
project proponent Enbridge says a large spill could have both immediate and
long-term effects on the health of wildlife, fish and humans, and reduce habitat
quality. But it contends that 'such incidents would be unlikely' because of
accident prevention measures the company promises to implement if the project is
approved.
Photograph by: graphics, Vancouver Sun
See also: Minimal spill risk from proposed pipeline: Enbridge

- - -

Calgary's Enbridge Inc. is promising state-of-the-art technology and oil spill
prevention plans for its proposal to ship an average of 83.5 million litres of
crude oil per day through British Columbia's environmentally sensitive north
coast waters.

Critics and government advisers both wonder if those plans are sufficient - and
even B.C.'s environment minister is questioning the federal government's
commitment to provide the coast with the best possible emergency spill response
if the unthinkable comes to pass.

After years of speculation, Enbridge late last month filed with federal
regulators a massive set of documents in support of its application for a
project with an estimated construction cost of $5.5 billion.

The company proposes a pipeline carrying crude oil from Edmonton to Kitimat, a
deepsea oil-loading terminal, and the yearly movement of about 149 oil tankers -
some more than three times longer than a Canadian football field - through the
fiord of Douglas Channel and other tight marine sounds, channels and passes,
around Haida Gwaii to the outer coast, and away to refineries in Asia.

The type, size and range of environmentally sensitive areas along the tanker
route is overwhelming.

In its documents, Enbridge identifies provincially and nationally significant
areas for fish, mammals, birds and sea creatures, spawning areas for pelagic
species such as herring and oolichan, critical orca habitat and areas of
provincial, ecological and biological significance including conservation areas,
parks and reserves.

The tanker activity would comprise 86 per cent of marine traffic in Douglas
Channel if Enbridge proceeds, but make far less of an impact in the waters
beyond that channel relative to existing marine traffic.

The project requires approval from both the National Energy Board and the
Canadian Environmental Assessment Authority - and it's off to a challenging
start in the court of public opinion.

A Mustel Group opinion poll, accurate to within 4.5 percentage points, 19 times
out of 20, found last month that 80 per cent of British Columbians support an
outright ban on oil tanker traffic in B.C. coastal waters.

ssimpson@...

© Copyright (c) The Vancouver Sun


It's difficult to envision the size of the oil spill in the Gulf of Mexico until
it's transposed it over a land mass with which we're more familiar. An estimated
83 million to 136 million litres of oil have gushed into the Gulf since the
British Petroleum-leased Deepwater Horizon drilling rig exploded
Photograph by: graphics, Vancouver Sun files

[Non-text portions of this message have been removed]

Minimal spill risk from proposed pipeline: Enbridge
But 'gaps remain' in federal rules designed to curtail damage in case of a major
oil leak, experts say

By Scott Simpson, Vancouver Sun
June 5, 2010


A digram of a double-hulled oil tanker similar to the type that would transport
oil from Kitimat, the terminus of Enbridge's proposed pipeline carrying crude
oil from Alberta to refineries in Asia.
Photograph by: Handout, Enbridge
See also: Massive tankers, crude oil and pristine waters: Can the unthinkable be
prevented?

- - -

There is only a remote chance that British Columbia north coast waters would
suffer a major spill from new oil tanker traffic, according to proponents of the
Northern Gateway pipeline project.

Enbridge Inc. says in a recent filing to federal regulators that the odds of a
major spill - at least 40,000 cubic metres of oil, or half the daily output from
a proposed oil shipping terminal at Kitimat - is once in 1,500 years near the
terminal.

That extends to once in 15,000 years when tankers reach the relative open waters
of Hecate Strait, between Haida Gwaii and the B.C. mainland.

The calculations are derived from a Transport Canada formula designed to measure
spill risks, filtered through worldwide tanker data and factoring in local
vessel movement, average wind and current speed, plus marine traffic conditions
in the areas where oil tankers would travel after filling up in Kitimat.

Northern Gateway involves a 1,172 kilometre pipeline carrying Alberta crude oil
from facilities near Edmonton to Kitimat, at the head of Douglas Channel on the
B.C. coast, as well as a shipping terminal that will feed international-class
double-hulled oil tankers destined for refineries in Asia.

A smaller secondary pipeline will move a natural gas product called condensate
from Kitimat to Edmonton for use in the processing of crude from Alberta's
oilsands. Condensate evaporates and is considered to be substantially less of a
risk to the coastline.

"Preliminary findings suggest that the overall risk is comparable to other
marine tanker and terminal operations with similar meteorological, oceanographic
and physical conditions [areas with fiords, fog and wind]," says Enbridge in one
of a series of three marine transportation studies recently filed to the
National Energy Board and the Canadian Environmental Assessment Authority.

The studies are part of Enbridge's application for the $5.5-billion Northern
Gateway pipeline and oil tanker terminal project.

The company states that oil and liquid natural gas (LNG) tankers on average have
fewer accidents than other bulk material carriers and that, internationally, the
average number of spills from oil and LNG tankers has fallen to 17 per year from
an average of 79 per year in the 1970s.

However, Enbridge states that "incidents in the study area are so infrequent
that no statistical conclusion on the historic and future trend in incidents can
be made," without extrapolating from the numbers available from other tanker
traffic areas around the world.

According to Enbridge spokesman Alan Roth, "facilities similar to the proposed
Kitimat marine terminal operate safely off the coasts of Norway and Sweden in
very similar geographical conditions."

Enbridge's filings take note of a patchwork of environmentally sensitive areas
that, together, encompass virtually the entire north coast route along which the
tankers would travel.

"Enbridge is very aware of the coastal ecosystems along the shipping routes and
as part of project planning our team of more than 200 environmental experts and
scientists have been analyzing the proposed route and the marine environment,"
Roth said in an e-mail. "Northern Gateway is committed to implementing the
highest worldwide safety standards for this project."

High-tech solutions

The company is promising state of the art technology and infrastructure in
support of tanker movement through the narrow fiords and passages between
Kitimat and the open coast.

It is also dismissing comparisons, coming from several environmental groups,
between its proposal and the BP oil pipeline disaster in the Gulf of Mexico.

"If Enbridge believed that it was not possible to transport petroleum products
safely whether over land or water, we would not have proposed the project," Roth
said.

Stafford Reid, a member of a committee that advises the federal government on
issues involving oil spill response efficiency on the Pacific Coast, said the
B.C. coastal shipping industry has a good track record.

That includes a half-century's worth of bulk oil shipments from a terminal in
Burnaby, now owned by Texas-based private company Kinder Morgan.

However, after 20 years running a company that consults on marine spills of
hazardous material, Reid said Canadian federal standards are not high enough to
minimize risks - or impacts in the event of an actual spill.

"I'm saying that those standards are so low, that it could actually work against
them," Reid said in a phone interview.

He said the West Coast oil spill response system, operated out of Burrard Inlet
by Burrard Clean on behalf of oil shipping companies and other fuel carriers, is
good.

But Reid added that the federal standards with which they comply "are very, very
lean when it comes to shoreline cleanup, oil waste management, wildlife
response."

"The standards were written in 1995. They are now being repackaged for
administrative reasons and pushed as new environmental response standards - and
they haven't changed."

Reid said "gaps remain."

For example, a system that captures and recovers oil is working on only half the
problem. The other threat, not addressed in Canadian federal regulation, is
managing a distressed vessel before it can founder, sink or get grounded and
break up - and siphoning all the oil out of it before a potentially minor
incident degrades into a disaster.

"Everybody focuses on oil. Oil is the product of a marine casualty. You've got
to deal with the marine casualty in a parallel fashion with the oil spill.
You've got to be doing something with the vessel casualty, period."

Reid said there are also major gaps, compared to the United States, in Canada's
current ability to recover the broader costs of a spill from the company that is
responsible for it.

Paying for cleanup

He said that is particularly true when it comes to compensation for long-term
social and economic disaster that can attend a major spill - such as a loss of
income for workers and entrepreneurs in small coastal communities that rely on
activities such as tourism, fishing and aquaculture.

"In the United States they do a national resource damage assessment, and assess
the economic losses. Then they bill the responsible party. In the Exxon Valdez
case it was $900 million. Canada does not have a national resource damage
assessment policy and process."

International funds are not available to provide that.

"It's not even discussed in the States. It's a given. That could be a real
problem on the south coast if we had a spill that washes over the Juan de Fuca,
or the San Juan Islands [along the Canada-U.S. Border] - and someone in the
States asks for a national resource damage assessment while in Canada we are
just sitting here shrugging our shoulders."

Enbridge is proposing to use two escort tugs with each tanker moving through the
inside waters, including one that would be tethered to the tanker in order to
keep it from running adrift in the event of a mechanical failure.

It also commits to international protocols whereby all tankers coming into
Kitimat would be vetted for their safety and for the integrity of their
ownership records before they're allowed to berth or load up.

However, Environment Minister Barry Penner, in a recent interview, said that the
province has a continuing concern about the lack of coordination and
communication between the Canadian Coast Guard and other agencies that would
respond in the event of a spill.

Penner saw the problem first-hand four years ago, when he travelled to Prince
Rupert to visit the command centre that had been set up to deal with fuel leaks
after the sinking of the Queen of the North ferry.

"It was kind of like a war room. We had people from ministry of environment,
somebody from B.C. parks, BC Ferries, Environment Canada, DFO and Transport
Canada but I believe the Canadian Coast Guard wasn't in that room," Penner said.
"Their view traditionally has been that they have to be a bit standoffish and
separate - yet that's not how it works in the United States. The U.S. Coast
Guard is willing to integrate themselves into a unified command structure
involving state agencies and federal agencies in the U.S.

"It seemed [in Prince Rupert] like there was the opportunity for less
coordination than might be possible if everybody was literally around the same
table at the same time, hearing the same information in real time.

"I on behalf of the B.C. government have worked on behalf of my federal
counterpart in the Department of Fisheries and Oceans to request that the
Canadian Coast Guard be more willing to integrate themselves into a unified
command."

Penner said that he and officials in his ministry have raised the issue several
times with the federal government - so far without success.

"We have a pretty solid plan to respond to a potential spill but there is likely
always ways you can do even better.

Coordinating action

Jennifer Lash, executive director of the Living Oceans Society, said that unless
the problem is addressed, there is a risk that the response to a spill could be
mishandled.

"What we need is a much better coordinated, single strategy with all agencies
from the different levels working very well together in partnership with first
nations and environmental groups," Lash said.

"Add more oil tanker traffic on the B.C. coast - as Enbridge is proposing - and
you increase the risk for a potential disaster, as well as the likelihood that
the provincial and federal governments will be too bound up in
interjurisdictional disputes to take effective control of the situation in the
event of a tanker spill."

The owner of the tanker is liable for the costs of oil recovery, cleanup and
compensation for environmental damage - but only to the limit of the owner's
liability insurance.

There are additional funds, up to $1.27 billion per incident, available through
international marine organizations.

Lash said Living Oceans remains concerned that Canadian taxpayers could end up
digging money out of their own pockets if those third party funds are exhausted.

"It is our understanding that the shipper is responsible up to a certain amount
based on their insurance. What that amount is, is very unclear. We don't know
that and they don't have to tell us."

Questioning the demand

Meanwhile a rival pipeline company is asserting that there's no need for the
Enbridge project in the first place.

Kinder Morgan, which manages the Trans Mountain pipeline system that has carried
Alberta oil to B.C. for more than 50 years, argued this week in written comments
to the National Energy Board that Enbridge does not have sufficient "commercial
support'' - or pipeline customers - to justify the cost of the project.

Kinder Morgan said that its own plan to increase the capacity in the Trans
Mountain line from 300,000 barrels of oil per day to 700,000 won't proceed
without more customers, and is asking the NEB to halt the Northern Gateway
hearing unless Enbridge can prove it has enough customers to keep its pipeline
running full.

ssimpson@...

© Copyright (c) The Vancouver Sun



Tankers moving down Douglas Channel and along the B.C. coast pass through a
range of environmentally sensitive areas, as well as important habitat for
birds, fish and mammals. Some observers say the risk of adverse impact from an
oil spill is too great to allow tanker traffic. Northern Gateway pipeline
project proponent Enbridge says a large spill could have both immediate and
long-term effects on the health of wildlife, fish and humans, and reduce habitat
quality. But it contends that 'such incidents would be unlikely' because of
accident prevention measures the company promises to implement if the project is
approved.
Photograph by: graphics, Vancouver Sun

[Non-text portions of this message have been removed]