Future Port development could hinge on respect for the memories of the past

The twin themes of archaeology and development were front and centre at a recent gathering of the Allied Tribes of the Coast Tsimshian, as former Lieutenant Governor Iona Campagnola moderated a three day seminar into Prince Rupert Harbour Archaeological Management Planning.

In her role as moderator, Campagnola observed that, "Our world is moving at an ever accelerating pace, which give us a real sense of urgency. The Coast Tsimshian are aware that their's is one of the great histories of North America and the World and must be protected as such."

Comments which served to provide the theme of the seminar.

During the course of the three day event held last week, James Bryant, Cultural Liaison for the Lax Kw'alaams, outlined the how the leaders of Lax Kw'alaams and Metlakatla will work together to address their interests and concerns regarding archaeology and development, particularly around the Prince Rupert Harbour portion of the Coast Tsimshian territory.

The issue has been one of the more controversial aspects of the development of the Fairview Container Port in the recent past and will surely become centre point to ongoing negotiations over plans to expand the Terminal.

Part of the concerns of the Allied Tribes is the protection and commemoration of ancient burial sites, some of which go back close to 10,000 years.

Dr. George MacDonald, a world renowned authority on the archaeology of the Prince Rupert area told the seminar that these “wet sites” have been confirmed in the Phase II area of the container port expansion which repeats the conditions of a site destroyed by the Phase I development, from which more than 600 wooden and basketry items were found before bulldozers destroyed the main part of the site.

"Wet sites provide the kind of artworks in wood that trace the emergence of the Northwest Coast art form over thousands of years. This art form has been declared as significant to the heritage of mankind. , according to MacDonald earlier sites in the area have been dated to 10,000 years, with expectation of 14,000 years once sites higher on Kaien Island have been tested.

It’s that issue which may prove to be the most cumbersome to navigate in those ongoing discussions, with the key approach being one of communication and transparency among all sides of the process.

At the seminar Bryant suggested that one of the first items to be taken care of will be the commemoration of their ancestors, many of whom have been laid to rest under the pavement of Fairview Terminal. Taking one step at a time, they are hopeful that a new level of mutual trust will be built between all participants as they prepare to look at the larger issues.

While progress is a welcome thing for the north coast, a nod to tradition and commemoration of the past is also going to be a major ingredient to whatever may come from the Prince Rupert waterfront in the years to come.

The development of the port and its impact on First Nations culture has become a rather interesting point of discussion among archeologists and sociologists, with a few press releases turning up on American and Canadian public relations sites in the last few days, as well as an entry in an environmental blog, all in a bid to address the current situation.

It makes for an interesting view on some of the situations that the potential Container Port Expansion will have to navigate in the months and years to come.

PR-USA.net--Prince Rupert Harbour development threatens Coast Tsimshian remains
Marktewire--Prince Rupert Harbour development threatens Coast Tsimshian remains

Federal Government names key negotiator for First Nations concerns over Fairview Port development

A myriad of cabinet ministers shared the byline today, announcing that the Government of Canada had named Mr. Douglas Eyford, as the chief federal negotiator to work with First Nations, regarding their concerns over development issues related to the Fairview Container Port.

Lawrence Cannon, the Minister of Transport, Infrastructure and Communities hailed his appointment as “another step towards achieving our government's commitment to a timely long-term solution to First Nations concerns with Prince Rupert's container terminal projects."

David Emerson, who wore his trio of hats of Minister of International Trade and Minister for the Pacific Gateway and the Vancouver-Whistler Olympics, emphasized the partnership aspect of future development for Fairview. "Partnership was key to the new terminal being built and itwill continue to drive the development of the Port of Prince Rupert in the future."

While Chuck Strahl, the Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians got to the job at hand by outlining Mr. Eyford’s duties while tasked by the Federal Government. “He will be responsible for helping resolve outstanding issues with First Nations. Our government is committed to negotiating a fair and balanced agreement that will provide access to economic opportunities and benefits for local First Nations, their neighbours and all Canadians."

Mr. Eyford is a litigation partner with a Vancouver law firm and has specialized in practicing in civil litigation and alternative dispute resolution. He would appear to bring a great deal of experience in these types of negotiations, so his appointment perhaps could be viewed as a positive step forward in the process.

He has most recently been employed with the Federal Government’s acting as a chief federal negotiator. He brings a long list of experience in arbitration, mediation and consultation in both British Columbia and Manitoba.

The Fairview Port dispute has centered around First Nations concerns about accommodation and consultation regarding further development of Phases II and beyond of the Container terminal.

First made public back in May of 2007 during the construction of the first phase, the issue has been working its way through the Federal courts over the last year or so.

The appointment of a federal negotiator perhaps signals the intent of the Federal Government to speed up the process and bring some final resolution to the dispute, before the issues become a potential roadblock to future development of the port.

It will be interesting to see how the local First Nation governments approach the announcement and how it may impact on the state of proceedings as far as their concerns and wishes go. There have been no shortage of appointments made in the past and most of the talks that have taken place haven't led to a resoultion yet.

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No details were given as to when Mr. Eyford plans on meeting with the First Nations of the area, or what process will take place to try and resolve the outstanding issues of the day.

Funding secured for First Nation’s youth shelter for Prince Rupert

The Vancouver Sun has posted a story on its website that provides details on funding from the provincial and federal governments to help alleviate homelessness in the First Nations communities of British Columbia.

Across the province a total of 292 new units will be opened in 10 B. C. communities, following a one-time injection of $50.9 million from the provincial and federal government, working in conjunction with other funding partners, including several non-profit aboriginal societies and the Dr. Peter Centre.

Of interest to Prince Rupert will be funding provided for a 25-bed youth crisis shelter in the city.
The Sun article quotes Rudy Kelly, of the Prince Rupert Friendship House, as saying that a youth shelter in the city has been desperately needed for several years, with aboriginal teens and young people making up 88 per cent of street youth. "There is still a lot of poverty," Kelly said.

Full details on the announcement can be found on the BC Government website which provides some background on the plan as well as details for communities across the province.

Province boosts aboriginal housing
Darah Hansen, CanWest News Service
Published: Wednesday, July 25, 2007

Vancouver's homeless aboriginal population with HIV/AIDS will soon have access to 30 new single-resident housing units, courtesy of a major funding initiative announced Wednesday.
The project is part of a total of 292 new units to be opened in 10 communities across B.C. - 77 of them in Vancouver - following a one-time injection of $50.9 million from the provincial and federal government, working in conjunction with other funding partners, including several non-profit aboriginal societies and the Dr. Peter Centre.The new units are aimed at meeting the dire housing needs of B.C.'s urban aboriginal population.

"Thirty per cent of first nations households living off-reserve are living in inadequate housing or in places they can't afford," said Rich Coleman, the provincial minister responsible for housing.
Coleman was one of several political officials who, along with representatives of various aboriginal groups, attended a ceremony Wednesday in Vancouver marking the funding announcement.

Other projects receiving money include a 25-bed youth crisis shelter in Prince Rupert, a 17-bed halfway house in Vancouver and 20-unit apartment in Kamloops designed for families, elders and young people.

Rudy Kelley, of the Prince Rupert Friendship House, said a youth shelter in the city has been desperately needed for several years, with aboriginal teens and young people making up 88 per cent of street youth.

"There is still a lot of poverty," Kelley said.

Rosanna McGregor, vice president of the Aboriginal Housing Management Association, the organization that oversees funding for aboriginal housing needs in the province, said she was encouraged by the new funding.

"It's very pleasing for me to see how many different organizations stepped up to the plate and said, There is a need, and the need is across the province,'" she said.

First Nation's frustrations just under the surface

With the First Nations day of action last week focused on areas outside of the Northwest, people should not think that there are not any issues of interest in our part of the country.

To the contrary there are a number of things that local First Nations would like to see examined regarding relations between the First Nations and the Federal Government. Those are some of the thoughts of the local MP for the region.

Nathan Cullen, the MP for Skeena-Bulkley Valley spoke out about some of the frustrations in the Northwest, issues that are just under the surface and need to be addressed.

He shared his thoughts with the Daily News, which featured his observations as part of a front page story for Wednesday's paper.

‘Frustration’ in region is below surface, says MP
By Leanne Ritchie
The Daily News
Wednesday, July 04, 2007

Although most of the rallies for the Aboriginal Day of Action took place down south, that does not mean there is no discontent among aboriginal communities in the Northwest, said Skeena-Bulkley Valley MP Nathan Cullen.

The National Day of Action took place on Friday and aboriginals across the country gathered in the hundreds of thousands in peaceful protest to call on the federal government to address the poverty that continues to exist in many First Nations communities.

"I would suggest there is a lot of frustration particularly just under the surface," said Cullen, of the state of federal government-aboriginal relations in the Northwest. "Certain communities are getting something done but overall I still don't think the pace has picked up enough but I will give it this - it has improved over the last year in terms of settling things."

The Coast Tsimshian - including Lax Kw'alaams and Metlakatla - has been expressing frustration with the federal government's negotiations about the Fairview Container Terminal since 2005. The federal government was only willing to consult over the new dock extension, but not any of the existing terminal that was built in the 1960s.

A coalition of First Nations from around the Northwest banded together to support the Coast Tsimshian, saying they would take action to stop the port's operation unless the federal government came back to the table. Finally, this June the federal government appointed a special representative to assist in its discussions with First Nations on the Fairview Container Terminal project.

Cullen said the issues that are at the heart of the day of protest exist in the Northwest; including poverty, substance abuse and teen suicide, and there are few economic options available.

"All the elements of the real problems that cause these protests exist within our region so I don't think they can let up and hope everyone will just stay civil forever," he said.

In Vancouver, hundreds of First Nations members from across B.C. marched across the Burrard Bridge to Library Square, protesting against the loss of their rights to land, culture and liberty.
Shawn Atleo, B.C. regional chief for the Assembly of First Nations, called for a moment of silence for those living on the Downtown Eastside or dying on the Highway of Tears between Prince George and Prince Rupert.

Cullen said he believes a lot of the day of action was born out of frustration with the Conservative government.

"They cancelled the Kelowna Accord, they cancelled a bunch of support that was going to First Nations communities and people are understandably frustrated," said Cullen.

"I can understand people being upset and people being frustrated but I can also see a lot of hope. Some communities are taking some new directions and figuring out their own paths.

There's nothing like strong leadership. When First Nations have strong leadership and good support from the community it's amazing what gets done."

Port's potential promoted at aboriginal conference

Delegates to the National Aboriginal Capital Corporation Association’s, received a comprehensive briefing about the progress of the Fairview Container Port project and preview of what is coming down the line over the next seven years for the Prince Rupert waterfront.

Shaun Stevenson of the Port Corporation and Doug Hayden-Luck of Canadian National Railways, outlined the current status of the project, what is planned for the future and how aboriginal people and first nations based businesses could benefit from the transportation link to the world.

The presentation was covered by the Daily News with a full article in Wednesday's paper.

PORT BUILDING 'NON-STOP' TO 2014
By Christian Webber
The Daily News
Wednesday, June 27, 2007
Page One

Dozens of financial experts from aboriginal communities throughout Canada got to hear first-hand yesterday about the potential of Prince Rupert's developing container port.

The general managers and chair persons from aboriginal financial institutions, in town for the National Aboriginal Capital Corporation Association's (NACCA) 11th annual general meeting being hosted by Tricorp, packed the meeting room at the Crest Hotel for the opening event, a presentation about the port.

Shaun Stevenson, the vice-president of marketing and business development with the Prince Rupert Port Authority, and Doug Hayden-luck, sales director for CN Rail's International Indermodal operations spoke about the benefits of the new Fairview Container Terminal Development in Prince Rupert for aboriginal businesses.

There were 60 delegates on hand from around Canada and parts of the United States for the general meeting.

Stevenson said that right now the cruise ships coming in to Atlin Terminal are bringing in $10 million and 120,000 passengers a year.

He said among the advantages of developing the Fairview Container Terminal are its proximity to Asia, the fact that Prince Rupert has one of the deepest harbours in the world, CN Rail is on board and capable of delivering, and the fact that Prince Rupert's capacity for growth and exports is huge.

Stevenson said their strategic direction is cruise ship and industrial development and containerization.

The first phase of Fairview will cost $160 million, and it has an estimated capacity of 500,000 20-foot equivalent containers, compared to Vancouver's two million TEUs.

"Construction is progressing well and it is on time and on budget," said Stevenson.

He said the future expansion plans include phase 2, to be completed in 2011, which is hoped to have a capacity of 1.5 million TEUs and 150 more acres of space, as well as a second berth. Terminal 2 is the next phase after that, it will include a capacity of yet another two million TEUs and the port hopes it will be under way after 2011.

So far, phase one is on time to be ready for operations in October of this year. Phase 2 will be ongoing from 2009 to 2011, and Terminal 2 is expected by 2014.

"To meet Pacific Gateway's projected demands, they must work non-stop until 2014," said Stevenson.

Stevenson said the total West Coast capacity is 23 million TEUs, and British Columbia's current rate is 2.1 million, and is expected to be doubled by 2020.

"Prince Rupert is critical and optimal for operations," said Stevenson.

The export side to the port has not been talked about as much as the import potential, but is half the reason why this is happening, he said. Alaska seafood will be the main export through Prince Rupert, then pork from Manitoba and Saskatchewan.

The port exports will have a capacity of 75,000 to 100,000 TEUs. Also the new Prince George Inland Port will ship out 60,000 40-foot equivalent containers of forest products annually to Asia.

Another plus for Prince Rupert and the aboriginal community is the number of youth that will be able to work, whether as longshoremen or for the authority.

"The young population is one of the strongest assets for the Port Authority," said Stevenson.
Doug Hayden-Luck of CN pointed out that Prince Rupert is 1,000 nautical miles closer to Asia than Los Angeles, which works out to a two-day sail.

From Hong Kong, Prince Rupert is 5,286 miles, Vancouver is 5,768, Seattle is 5,777 and L.A. is 6,380.

Hayden-Luck said CN will also be able to travel faster than their competitors through to Prince George, saving them valuable time getting to places like Chicago, Memphis, Detroit, Toronto and Montreal.

CN is responsible for $30 million of investment in the project, along with the Canadian Government's $30 million, Maher Terminals' $60 million, the Port Authority's $25 million and the government of British Columbia's $30 million.

"We really believe this will be successful," said Hayden-Luck.

CN also announced that Cosco, an Asian shipping company is on board. It is supplying nine vessels with a capacity of 55,000 TEUs that Hayden-Luck said are bigger than most cruise ships that dock in Prince Rupert. With Cosco, export out of Canada will be possible to anywhere in Asia.

Exporting will be a big part of the container port because as Hayden-Luck pointed out, there is hardly any money made by the shipping boats in the Asia-to-Canada aspect.

"Carriers need to make money on both trips," said Hayden-Luck.

Since Prince Rupert does not have very much local cargo, the exports will have to come from away. The primary growth in exports will be grain and specialty wood, and that is expected to double by 2015.

Federal liaison tasked with finding common ground for a deal

The federal government’s appointment of Robert S. Plecas comes with a three month window to find solutions to the Fairview Port controversy that will assist local First Nations to benefit economically from the development.

The Daily News provided further details on the appointment of Mr. Plecas and the reaction and expectations from it.


ALL PARTIES EAGER TO GET ON WITH CONTAINER PORT TALKS
Feds appoint liaison who is charged with working out a deal all can support
By Leanne Ritchie
The Daily News
Monday, June 4, 2007
Pages one and three

The federal government has appointed a special representative to assist in its discussions with First Nations on the Fairview Container Terminal project.

On Friday, the Ministries of Transport, Indian Affairs and Northern Development and International Trade announced Robert S. Plecas has been given three months to work toward solutions that will ensure First Nations benefit economically from the development of the container terminal and that there are no black marks on the track record of Canada’s newest gateway.

“I know Mr. Plecas to be a person who is capable of cutting a deal and moving files forward rather than having a wheel-spinning exercise,” said David Emerson, Minister of International Trade and Minister for the Pacific Gateway.

“That’s really critical for Prince Rupert because right now Prince Rupert has enormous goodwill in the international community, it’s seen as a new port, a blank page.

“What we have to avoid at all costs is allowing Prince Rupert to build a reputation for a lack of reliability.”

The announcement came on the same day the coast Tsmishian – Lax Kw’alaams and Metlakatla, received a decision from the federal court of Canada granting them the right to further challenge the Ministry of Transport’s decision to authorize construction of Phase 1.

The judge granted the Coast Tsmishian leave to file a judicial review of the decision, but also suggested the parties return to the negotiating table.

The Coast Tsmishian argued last year that the ministry should not have authorized construction because consultation and accommodation were inadequate – government’s position at the time was that they only had to consult about the new portion of the dock, not the construction taking place on the existing terminal.

Given the frustration of the two bands, last month they announced they would not allow Phase 1 to commence operations unless an agreement was reached.

On Friday, chief councillor’s Gary Reece and Harold Leighton welcomed the court’s decision and said they were willing to return to the negotiating table.

“We are willing to meet the federal government half way; we are prepared to meet in a proper process, and work together to find a fair solution that is respectful of our interests,” said chief councilors Gary Reece and Harold Leighton.

Emerson, who met with First Nations leaders two months ago, said the decision to appoint Plecas is a result of the desires expressed at that meeting and not the recent court case.

However, he was not surprised at the level of antagonism and animosity that has been noted in the courtroom discussions surrounding the issue. And, in his experience within softwood lumber and commercial disputes, he added, legal avenues most often gobble up enormous amounts of money and provide little progress.

“If you are relying on lawyers to do your business for you, you are in serious, serious trouble, he said.

“I am hoping all parties can work constructively to bring this to a conclusion that will benefit the communities of the North and First Nations.”

He said First Nations need to be part of the wealth and job creation that comes from this development, not only now but in the future.

Working with the local First Nations communities, Plecas will look at their outstanding concerns regarding Phase 1 of the Fairview Container Terminal project, including employment and training, business opportunities, and financial considerations. He will also identify issues and protocols for Phase II of the project.

Plecas will submit his recommendations to the Minister of Transport, Infrastructure and Communities within 90 days.

Plecas is a government relations consultant and the former president of the B. C. Lumber Trade Council.

He worked for more than 20 years as a civil servant in the British Columbia provincial government. He served under six premiers, as deputy minister for 25 ministers in 10 portfolios. He is the author of more than 20 major pieces of provincial legislation.

A "climate of antagonism and animosity"

The ongoing court case between the Coast Tsimshian and the Port of Prince Rupert continues to meander its way through the system. A lenghty process of deliberation that is increasing to the tension surrounding the Fairview Container port issue.

Friday's paper provided details on the latest developments from Ottawa as the courts express concern over the growing antagonistic positions that the two sides have taken of late.

Port case lawyers chastised by judge
By Leanne Ritchie
The Daily News
Friday, June 01, 2007
Page one

Legal wrangling between the Port of Prince Rupert and Coast Tsimshian is turning antagonistic and coming out in court.

In a decision on what evidence may be presented during a future judicial review on the federal government's decision to fund Phase 1 of the Fairview Container Terminal, a member of the Federal Court of Canada noted just how bad the situation had become.

"I have mentioned earlier the climate of antagonism and animosity that exists between the parties," said Madam Prothonotary Mireille Tabib, in a decision released last Thursday.

"That climate seems to have affected counsel; the cross-examinations on affidavits clearly reflect this and I cannot say that it was the finest hour of either counsel for the bands or for the port. It is just as well that I need say no more on the subject."

Thursday's ruling addresses what evidence should be brought before the court during the judicial review. The parties involved in this matter are the Port of Prince Rupert, Ministry of Western Economic Diversification and Minister of the Environment on one side and Lax Kw'alaams and Metlakatla on the other.

The two bands are seeking a review of the decision of the Minister of Western Economic Diversification, made Sept. 26, 2005, to enter into a grant agreement with the Prince Rupert Port Authority for $30 million in order to build Phase One of the Fairview Container Terminal.

One of the issues ruled on by the court has to do with an agreement that was supposed to bring down a veil of secrecy over the meetings between the port, Coast Tsimshian and the federal government.

The parties signed what is known as "the Fairview Agreement" in August 2005. This agreement says that even though the port was in discussions with and providing funding to the two bands as early as 2004, the work done could not be brought up in court in regards to the consultation or accommodation of aboriginal title.

The Coast Tsimshian, made up of the Lax Kw'alaams and Metlakatla bands, were seeking to have an affidavit from port employee Lorne Keller stricken from record because it referenced meetings and correspondence on the port development that occurred under the agreement that the bands say was supposed to bind the parties to secrecy.

However, the court noted the confidentiality in regards to existence of the Fairview Agreement has long been lost.

In fact, the bands themselves filed an affidavit from Chief Councillor Gary Reece, and entered it into the public record, that referenced this agreement.

Madam Prothonotary Mireille Tabib ruled that Keller's affidavit could remain for the time being, but the bands could bring the issue up when the minister's decision is actually reviewed by the court.

The port and government also asked if they could introduce additional evidence in the case, given the court's previous ruling. In September 2006, Justice Von Finckenstein dismissed an application by the bands on "the pending decision of the Minister of Transport to authorize the conversion of Fairview Terminal" but the Justice also noted the Crown's assessment of its duty to consult, limited only to the new water portion of the dock, was unreasonable.

The port and government were seeking to add evidence as they say the bands appear to be relying heavily on the statement made in this judgement - that consultation was unreasonable.
However, Madam Prothonotary Mireille Tabib said they should have foreseen this at the outset of this new application.

"They have not satisfactorily explained why they could not have foreseen the relevance of such evidence and they cannot now supplement their case."

She ruled the parties are limited to new evidence that enforce the facts that - a decision to proceed with a environmental screening decision was made Jan. 22, 2006; construction began March 2005 and should be completed in August 2007; the fact the Transport Canada advised the bands in May 17, 2005, that consultations were complete and that in 2006 the federal government made three transfer payments to the Port Authority.

It is entirely possible that further legal wrangling over the evidence that will be allowed at the judicial review could occur before a date for the review is even set.

Emerson working for a resolution

David Emerson, the Minister of International Trade says that the Government is committed to moving ahead and trying to resolve the current impasse with local First Nations over the Port of Prince Rupert’s Containerization project.

Emerson said that his fellow cabinet ministers were aware of the concerns regarding the project and that we should all expect to hear something in the next few days.

The full story can be found on the front page of Monday’s Daily News.

EXPECT PORT PROGRESS ‘IN NEXT FEW DAYS’: MINISTER
David Emerson says members of federal cabinet are working on a resolution
By Leanne Ritchie
The Daily News
Monday, May 7, 2007
Pages one and three

Canada’s Minister of International Trade said federal cabinet ministers are aware of the concerns of the Coast Tsimshian and don’t want to see a confrontation develop around the Fairview Container Terminal.

Speaking from Vancouver on Friday, David Emerson said government is “committed to moving ahead and trying to resolve that,” and said the federal government expects to make a move within the next few days.

“It would be tragic if we got into an ugly confrontational situation because historically, if there has been one factor that has hurt the Gateway, it has been the perception in international markets that we were not reliable – labour stoppages and other stoppages could put at risk the smooth movement of shipments that have to be preserved in having a successful gateway,” said Emerson.

“I think everyone recognizes it would hurt everyone – that would hurt Prince Rupert, that would hurt aboriginal communities, that it would hurt Canada and we are all seized of the need to not allow that to happen,”

The Coast Tsimshian expressed their concerns last week that the federal government had continually failed to consult and accommodate their aboriginal title in regards to the development of the Fairview Container Terminal.

An offer of $7.5 million had been made, of which about two thirds was supposed to apply to the Coast Tsimshian.

Despite having taken the issue before the Federal Court of Canada, the two bands – Lax Kw’alaams and Metlakatla – sought the support of other Coastal First Nations and are developing plans not to allow Phase One to commence operation unless their concerns are addressed.

When asked specifically if a process was in place to address the concerns, Emerson, said: “I’ve been talking with my cabinet colleagues and you should expect to hear something in the next few days.”

“I met a couple of months ago with some of the chiefs and I have certainly spoken to the various stakeholders, Transport Canada and the Port Authority and elsewhere. I have also discussed this with Minister (of Transportation Lawrence) Cannon and Minister (of Indian Affairs Jim) Prentice,’ said Emerson. “We are seized of the urgency of setting up a process that works effectively. Canada recognizes that the aboriginal communities have to be a part of this opportunity going forward. It’s a question of working through the appropriate mechanisms and agreements that are necessary. The province will have to be a large part of that. We are committed to moving ahead and trying to resolve that.”

Emerson was in Vancouver along with Prime Minister Stephen Harper talking about the Asia-Pacific Gateway and a further investment of $410 million in the Asia-Pacific Gateway and Corridor Initiative, a mass infrastructure undertaking that will enhance Canada’s access to Asian markets.

This brings the total federal commitment to more than a billion dollars.

“At the dawn of the 21st century, no country in the world is better positioned than Canada to prosper in the emerging global economy, and the Gateway Initiative is obviously critical to realizing our potential,” said Harper.

“We recognize the strategic importance of Prince Rupert and the Northwest corridor that really extends down to Chicago and we are committed to ensuring it is able to grow and it has to grow if Canada is going to become the successful Gateway we believe it has the potential to become,” said Emerson.

“So Phase One, Phase To, Phase Six it that’s what the economics dictates. I can assure you Canada is committed to the strategy and the success of our strategy.”

Coast Tsimshian take their concerns to print

Friday’s Daily News provided the first official word on the current controversy surrounding the Prince Rupert Container Port at Fairview Terminal.

The Coast Tsimshian Tribal Society placed a half page advertisement on the lower half of page 18 of Friday’s paper, outlining their position and concerns.

It is perhaps the first bit of information that has filtered out to the public at large, about their side of the discussion and provided some background on where the Coast Tsimshian would like to see the discussion go from here.

The ad as it appeared in the paper is shown above, the text of the advertisement is provided below.

COAST TSIMSHIAN TRIBAL SOCIETY
JOINT INITIATIVE

MESSAGE FROM THE COAST TSIMSHIAN FIRST NATIONS:
YOUR NEIGHBOURING COMMUNITIES OF
LAX KW’ALAAMS AND METLAKATLA

For thousands of years prior to contact the Prince Rupert harbour was an area of bustling population, commerce, and culture. It was home to members of the Metlakatla and Lax Kw’alaams First Nations (commonly know as the Coast Tsimshian peoples).

In an effort to revitalize the regional economy the Prince Rupert Port Authority and the Federal Government are in the process of developing a container port in that area.

The Port is being constructed on unceded lands and over an ancient village site:

The Coast Tsimshian believe that the Port Development provides an opportunity to create a healthy economy for all residents in Prince Rupert and the surrounding region. All that we are asking is to share in the benefits from our lands and to become an active partner in developing a healthy regional economy.

In light of this our people cannot allow Phase I of the port development to commence operations until our interests have been addressed.

The Supreme Court of Canada has clearly stated that the Federal Government has a duty to consult and accommodate the aboriginal rights and title interests of the Coast Tsimshian. In a recent court ruling on the expansion of the Prince Rupert Port, Judge J. Finkenstien stated:

“I fail to see how the court can find the consultation and the accommodation offered to be reasonable where the process started out on such a misconception and minimization of the Coast Tsimshian’s claim.”

We are calling on the Federal Government to meet its obligations with respect to our First Nation communities.

We are pleased, as well, with the support give to us by other Coastal First Nation communities including the Council of the Haida Nation, the Gitga’at, Heiltsuk, Homalco, Haisla, Kitasso/Xaixais, Skidegate, Wuikinuxv, and Old Massett, who have resolved to stand with us.

On behalf of our respective first Nations:

Chief Councillor Garry Reece
Lax Kw’alaams

Chief Councillor Harold Leighton
Metlakatla Band

Blame the Bureaucrats!

They’re faceless, stay in cubicles and if Nathan Cullen is right they are responsible for the current controversy over the First Phase of the Fairview Container Port and the local First Nation Bands which have been making headlines of late.

Cullen, the NDP MP for the Skeena-Bulkley Valley riding, took aim at those dwellers of the back rooms, the bureaucrats of the federal government, as easy a target as you could ever hope to find.

In an interview with the Daily News, the MP expressed his concerns over the state of the situation and outlined his plan is to have the issue returned to the hands of the politicians, who he feels may have the will to get a deal done and move the process along.

The full details of the Cullen contemplations, complete with his bureaucratic bypass were provided in Friday’s Daily News.

MP lays port blame at bureaucrats’ feet
By Leanne Ritchie
The Daily News
Friday, May 04, 2007

Skeena-Bulkley Valley MP Nathan Cullen is hoping to get the concerns of the Coast Tsimshian out of the hands of bureaucrats and back into the hands of politicians who have a will to see the Fairview Container Terminal move forward.

This week, other coastal First Nations announced their support for the Coast Tsimshian (Metlakatla and Lax Kwalaams) who say their rights and title have been ignored in the process of building Phase One of the Fairview Container Terminal and who and promised aid if necessary when it comes to blocking the opening of Phase One.

When asked what he has been doing about the conflict between the feds and Coast Tsimshian since the Coast Tsimshian went public with their intention to pursue the matter through the courts more than a year ago, Cullen said it is the federal bureaucrats who have been stalling and derailing any negotiated settlement.

The main place this is going to get settled is around the table with the feds supporting the initial offer that the port put up. Up until about two months ago and even a month ago, some of the federal bureaucrats have been working in direct opposition to a negotiated settlement and kept scuttling every deal that weve had, said Cullen, from Ottawa yesterday.

Ive asked for patience on all sides and its finally got to the where Ive got the Minister (of the Pacific Gateway David Emerson) for the last four months directly involved.

Cullen called it a yes minister scenario where the bureaucrats are taking way too much control of the file.

The minister has to regain control of them. I am actually quite optimistic we can get this thing settled and the minister has been made aware of what the consequences are if we dont get settled. Hes really concerned about it and my timelines are in weeks not months now.

The alliance backing the Coast Tsimshian, include the Haida Nation, which two years ago fought their way to the Supreme Court of Canada over the failure of the provincial government to consult them about the transfer of land on the Queen Charlotte Islands to Weyerhaeuser.

Lax Kwalaams and the Haida have both taken issue with the provincial governments failure to consult over the transfer of forest tenure in their traditional territory, with Lax Kwalaams fighting for their title over the transfer of tenure from Skeena Cellulose to New Skeena Forest Products.

The band was successful in October 2002 in preventing the transfer of the forest licence and tree farm licence of Skeena Cellulose.

In a previous interview with the Daily News, Reece noted that prior to the court action taken by Lax Kwalaams and the Haida over forest tenure: Industry and government showed little respect for our interests and our legitimate right to be an active participant in commercial and other activities within our traditional territory.

Since the SCI decision, Lax Kwalaams was the first band member to negotiate a forest agreement with the province that saw the band secure 650,000 cubic metres of timber and $6.85 million over five years, and the band has negotiated agreements with a number of forest companies.

We have excellent agreements with Triumph Timber, Brinkman & Associates, International Forest Products and Heli-Tech Services that are seeing us being able to become strong partners in business, job creation and environmental protection.

They now see this as good business practice, and have learned that we are not taking the position to stop commercial activity but want to strengthen it by incorporating our tradition, cultural, heritage and environmental values, said Reece.

When it comes to the Fairview Container Terminal, Reece and Metlakatla Chief Coun. Harold Leighton have both said they would prefer to see their communities involved and benefit ting from the development, but wont allow their rights and title to be ignored.

A halt to phase two expansion plans and no operations for phase one until consultations are completed!

The Daily News added some background information to the story we first discovered here two days ago, that of the possibility of “strong action” by two local First Nations bands, in response to what appears from their viewpoint to be the unsatisfactory state of consultations over the Fairview Container Port project.

The Daily News reviewed a joint press release from Chief Councillors Harold Leighton and Gary Reece that stated; “The Federal Crown has still not met its duty of consultation and accommodation in respect of the existing Fairview Terminal expansion. The consultation process on the Phase 2 expansion cannot proceed until the Phase 1 issues have been dealt with.”


And with that issue still unresolved, the threat of both local and national action is now added into the mix. The two First Nations representatives pledged to take strong action to protect their rights if necessary, including direct protest at home, and seeking allies outside of Prince Rupert.

The latest developments, including the response from the Port of Prince Rupert to the issue were provided as the front page story in Friday’s Daily News.

‘STRONG ACTION 'THREATENED OVER PORT DEVELOPMENT
By Leanne Ritchie
The Daily News
Friday, April 27, 2007
Pages one and three

The Chief Councillors of the Lax Kw’alaams and Metlakatla bands are calling on the federal government to halt plans for the Phase 2 expansion of the Fairview Terminal and say they have no plans to allow Phase 1 to start operations unless consultations are completed.

However the Prince Rupert Port Authority (PRPA) says both it and the federal government have completed consultations on Phase 1 and have made offers to begin consulting on Phase 2.
“The Federal Crown has still not met its duty of consultation and accommodation in respect of the existing Fairview Terminal expansion. The consultation process on the Phase 2 expansion cannot proceed until the Phase 1 issues have been dealt with,” said Chief Coun. Harold Leighton and Gary Reece in a joint press release.

“Both the Federal Government and the PRPA have been trying to push forward and ignore our outstanding issues. The approach of the PRPA and the Federal Crown seems designed to take us down a continuing path of confrontation. We will not cease our opposition.”

Phase One is expected to open in October of this year.

“The PRPA seems determined to proceed with construction on Phase 1 without having dealt with our concerns. They do so at their own risk. We have no intention of continuing to be ignored, and we will do what is necessary to protect our interests. We will not allow Phase 1 to commence operations unless our concerns have been addressed,” said Leighton.

The two Coast Tsimshian Bands advised that they have met to develop a strategy to commence a more active approach to protecting their rights, and will be making a series of announcements over the coming weeks. The bands have also decided to seek the support of other First Nations.
“If necessary, we will take strong action to protect our rights,” said Reece, “including direct protest at home, and seeking allies outside of Prince Rupert.”

The Coast Tsimshian are in the process of taking their case on Phase 1 through the Federal Court of Canada.

They maintain that they have not been consulted adequately .

Despite this, the PRPA noted that it, in conjunction with Transport Canada, has initiated consultations with Metlakatla, Lax Kw’alaams (the Coast Tsimshian), Kitselas and Kitkatla First Nations bands for Phase 2 of Prince Rupert’s Fairview Container Terminal project.

“We are excited to be progressing on the planning and engineering for the proposed expansion of the Fairview Container Terminal and are committed to conducting ongoing meaningful consultations with the Coast Tsimshian on Phase 2,” said Don Krusel, Prince Rupert Port Authority president and CEO.

“We are making every effort possible to engage the First Nations bands by soliciting their comments on project plans, mitigate where possible any potential adverse impacts on current uses for traditional purposes of the lands, or provide compensation where these traditional activities may be lost. As part of this dialogue, we hope to explore how their communities, as well as other communities in the area, can benefit from the construction and operations of the container terminal.”

Letters inviting First Nations input into the project and participation in the consultation process for the Phase 2 expansion of Fairview Terminal were delivered last week.

And the federal government did make an offer of accommodation on Phase 1 of the Fairview Container Terminal on Feb. 28, 2006.

The $7.65 million offer of accommodation featured employment opportunities, human resource development initiatives, and support for First Nations business ventures associated with the port development. Around two-thirds of the offer was specific to the Coast Tsimshian, with the remainder aimed at other Tsimshian bands that also have land claims.

The Coast Tsimshian were advised by the Government of Canada in a letter dated May 22, 2006, that the Phase 1 consultation process was complete. However, says Krusel, PRPA and project contractors continue to live up to the spirit of the Offer of Accommodation by hiring local qualified First Nations people and subcontracting to First Nations-owned businesses whenever possible.

“We are disappointed that the Coast Tsimshian have chosen to take court action or threaten direct protest rather than respond to the Offer of Accommodation presented upon the completion of the consultation process,” said Krusel.

“We are confident the Crown will demonstrate to the court that meaningful consultation did occur, that the consultation was appropriate, and that indeed a generous Offer of Accommodation was made as a result of that consultation. We must stress that this issue is currently before the Courts and has been not been ruled on, contrary to statements made by the Coast Tsimshian. In the meantime, we welcome the opportunity to engage the local Coast Tsimshian bands in meaningful consultations to ensure they and their communities achieve significant and long-term economic and social benefits from the construction and operation of Phase 2.”

The dispute continues to make its way into the international media and was carried across Canada and the U.S. this week on Reuters news services.

Port says their overtures were ignored

The Port of Prince Rupert has provided their side of the story on the simmering dispute between the Port Authority and the Metlakatla and Lax Kw' alaams bands over the container port.

The issued popped up again on the radar yesterday, when Reuters quoted the two bands as saying; that they will not allow the container port to begin operating until their land rights concerns over the project are addressed.

Contacted by Reuters to answer to charges yesterday from Gary Reece about the Port ignoring their claims, Don Krusel said that the Port made a C$7.65 million "offer of accommodation" to the Metlakatla and Lax Kw'alaams bands in February 2006, which was never responded to.

Instead, the issue went to the courts, with the Port stating that they are still awaiting a decision over whether or not the bands were provided with proper consultation.

Judging by the events of the last few days, it would appear that the interpretations of the same event seem to be coming from different directions. With the residents of the northwest to be found somewhere in the middle.

Port says native critics ignored overture
Reuters
Thu Apr 26, 2007 4:01 PM EDT

VANCOUVER, British Columbia (Reuters) - The Prince Rupert Port Authority said on Thursday that two small native Indian groups threatening to block expansion plans at the port on the Pacific coast have ignored offers to address their concerns.

Port officials said they made a C$7.65 million "offer of accommodation" to the Metlakatla and Lax Kw'alaams bands in February 2006, but they never responded and instead filed lawsuits alleging their concerns were being ignored.

The city of Prince Rupert, near the southern tip of Alaska's panhandle, expects to complete work this fall on the first phase of a new container facility that will handle increasing trade between North America and Asia.

The Metlakatla and Lax Kw'alaams say the port is in their historic territories, and warned on Wednesday they would stop the facility from going into operation until their concerns are addressed.

The port is "making every effort possible to engage First Nations bands" to reduce the impact of the expansion on their traditional uses of the land, said Don Krusel, the port authority's president.

The courts have ruled that governments and private companies have a duty to consult with Indians over development on the natives' historic territories, although the native groups do not have an automatic veto power.

The issue is especially complicated on the Pacific coast because of a lack of modern day land treaties in the area and disagreements between aboriginal bands over the historic boundaries of their territories.

Other Indian bands not involved in this dispute also make territorial claims to the Prince Rupert area.

The port authority said it is still awaiting a court ruling on the Metlakatla's and Lax Kw'alaams' claim that they were not adequately consulted in this case, although the bands say that legal issue has already been settled.

Lax Kw'alaams and Metlakatla sound a warning about Fairview port

Unfinished issues are popping up on the radar of the Fairview Container Port waterfront project, issues that may bring things to a standstill before they even get the first container ship underway.

A story moving across the Reuters wire on Wednesday evening, says that the Lax Kw’alaams and Metlakatla bands have stated; that they will not allow the container port to begin operating until their land rights concerns over the project are addressed.

Gary Reece, chief councilor for Lax Kw'alaams expresses frustration at the lack of communication and progress since the issue first came to the courts in 2006. The story doesn’t specify how the two bands might approach the issue of stopping the terminal from operating, nor what kind of timetable the two bands are operating under.

No port officials or government representatives from any level were available to Reuters for a reply, though one imagines that they will be scrambling to find a position shortly as the completion date gets closer and closer.

The story will certainly serve as the topic of conversation around town for the next little while, until the issues and the repercussions of any planned events become a little clearer.

PACIFIC PORT PLAN FACES NATIVE OBJECTIONS
Wed. April 25, 2007 5:53 EDT
Reuters

VANCOUVER, British Columbia (Reuters) - Native Indians said on Wednesday they will not allow a container port on Canada's Pacific coast to begin operating until their land rights concerns over the project are addressed.

Two aboriginal bands said the federal government has failed to adequately consult them about the facility being built in Prince Rupert, British Columbia, the first phase of which is expected to start handling traffic late his year.

The Lax Kw'alaams and Matlakatla Indian bands said the government has ignored a 2006 Federal Court ruling that it had used a flawed process to address native claims that the project is in their historic territories.

"We thought we'd be back at the table. Nothing is really happening, so we're getting frustrated," said Garry Reece, chief councilor of the Lax Kw'alaams.

A port official was not immediately available for comment.

The government and Canadian National Railway (CNR.TO: Quote) announced in 2004 they wanted to use Prince Rupert to handle increasing trade with Asia. The port is a day's sailing closer to Asia than are ports on the U.S. Pacific coast.

Canada's courts have ruled that governments and private companies have a duty to consult with Indians over development on the natives' historic territories, although the native groups do not have an automatic veto power.

"We lost and we don’t know what comes next"

The long process that made up the process of negotiations towards the Lheidli T’enneh treaty vote, ended on Saturday with the treaty being defeated after two weeks of voting in Prince George, Prince Rupert and other northern BC locations.

To the memory of many of those involved in the negotiations, this marks the first time that a negative vote has been handed in regarding treaty negotiations.

The Opinion 250 website had the details of the vote, which turns down the offer of an estimated $13 million and 4,000 hectares of land in addition to rights on fisheries, governance and natural resources.

The developments leave the treaty process in a state of limbo, with all sides now having to consider their options and what course of action is to follow this weekend’s result.

Lheidli T'enneh Treaty Rejected
By 250 News
Saturday, March 31, 2007 11:27 AM

"We lost and we don’t know what comes next". Those are the comments of Rick Krehbiel, on the results of the Lheidli T’enneh treaty vote which took place over the past two weeks.
Krehbiel is the Director of Policy & Research and the lead negotiator on several aspects of this treaty process.

"This is the first treaty to ever be voted down to the best of my understanding" says Krehbiel.

"We now are going to have to sit down and talk to the Province and Canada to see what we can do next. We have spent $6 million dollars trying to negotiate the treaty and now we will have to step back to see where we go from here."

Last fall, Premier Campbell, Federal Indian Affairs Minister Jim Prentice and other dignitaries were on hand to initial the treaty with Lheidli T’enneh Chief Dominick Frederick.

The voting took place over the past two weeks, and the final count was 123 against, 111 in favour. The Band had set an acceptance threshold of 70%. The voter turnout was a true account says Krehbiel with 234 of the 273 eligible voters casting ballots.

"There has been a great deal of work started on projects. That work is now in limbo" says Krehbiel. Some of that work includes the Master Agreement with the Regional District of Fraser Fort George which was waiting on property tax assessments before proceeding. There was also a great deal of discussion about services, and shared responsibilities with the City of Prince George.

No one knows what the next step will be or when it will be taken.

Krehbiel says the irony comes in the other ballot that was conducted at the same time as the treaty vote "The constitution for the new treaty government passed by a vote of 121 for, and 112 against, but that is meaningless when you have no treaty. We will definitely be sitting down with everyone in the next few days to look over this entire matter."

Peter Quaw, who recently ran (unsuccessfully) for the position of Chief, said at the initial signing that he, along with his supporters would vote against the treaty.

The Treaty would have given given the The Lheidli T’enneh about $13 million and 4,000 hectares of land in addition to rights on fisheries, governance and natural resources.

First Nations leaders ponder options in light of Federal Budget

Canada's First nations leaders are warning of the potential for a confrontational reaction to the recently delivered Federal budget earlier this week. Chiefs from across Canada want to make the Federal Government aware of a growing sense of militancy and frustration in the nation's aboriginal youth, with the possibility of blockades and other protests for this spring and summer.

The reaction comes as a response to Jim Flaherty's budget, which First nations leaders suggest virtually ignored their people. Describing the budget as a black day for First Nations, with the Conservatives not pledging the same level of support that was offered in the Kelowna accord.

There is a growing desire for a return to the Kelowna accord of 2005, which many felt was a template for improvement of relations between First Nations and the Federal and provincial governments. The accord was scrapped by the Conservatives after last years federal election.

The possibility of blockades and growing discontent was the featured topic on CKNW's the Bill Good show on Thursday, Good used the 10-11 am hour to discuss First nations issues and the possibility of protest actions with Grand Chief Stewart Phillip, the president of the Union of B. C. Indian Chiefs.

You can listen in to the conversation and the variety of opinions offered on the open lines by exploring the CKNW Audio Vault, click on the Thursday listing and select 10-11 am for the full hour of information.

A press release from the Union of B. C. Indian Chiefs, outlined their frustration with the recent budget and in the state of relations at the moment.

Budget Backlash Shall Surely Trigger a "Summer of Protest" Across Canada
VANCOUVER - COAST SALISH TERRITORY, March 21 /CNW/ -

"As sure as spring, follows winter, Stephen Harper's Budget 2007 shall trigger a summer of
Aboriginal protests from one end of this country to the other," predicted
Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs.

The rage and anger of Aboriginal leaders continues to reverberate across
the country in the aftermath of the release of Harper's Budget 2007.

"In our view, this latest deliberate attack against Aboriginal people
represents 'strike three' for the Harper government. First it was the complete
rejection of the Kelowna Accord, second it was Canada's refusal to support the
United Nations' Declaration of the Rights of Indigenous People and now we have
the announcement of $21 million in new spending for Aboriginals in the face of
a $9 billion dollar surplus," added Grand Chief Phillip.

"Enough is enough. Our communities have long since reached their breaking
point," stated Grand Chief Phillip. "The internalized violence of poverty in
terms of increasing infant mortalities, suicides, homicides, drug-related gang
violence, child apprehensions and massive unemployment is dangerously close to
flashing over to an outward expression of externalized violence in the form of
roadblocks, rail blockades and more Caledonia-style occupations of disputed
lands."

Grand Chief Phillip continued, "Let's be clear. We do not need more
Federal government welfare payments. What we do need is for the Government of
Canada to fully meet its Constitutional and lawful obligations in the area
outstanding land rights issues. We need the Government of Canada to take heed
of the recently released Senate Report, entitled, 'Negotiation or
Confrontation: It's Canada's Choice' which outlines the over 1000 outstanding
specific claims across Canada. We need the Government of Canada to recognize
and accommodate our Aboriginal and Treaty entitlements to the Lands and
Resources within our respective territories. Further, economic development
needs to become a major priority within Federal Government spending.
Currently, economic development represents only 4% of Federal Government
Aboriginal program spending," stated Phillip.

"Obviously the Government of Canada is not listening. Perhaps a summer of
barricades, balaclavas and burning tires will serve to draw attention to the
urgency of the desperate situation of the Aboriginal people of Canada,"
concluded Grand Chief Stewart Phillip.

For further information: For further comment: Grand Chief StewartPhillip, (250) 490-5314, President

Nisga'a statesman elevated to nation's highest honour

Dr. Joseph Gosnell, has been promoted from the title of an Officer of the Order of Canada to a Companion of the Order of Canada, the highest ranking a Canadian citizen can reach.

The past leader of the Nisga'a nation has been a major participant in First Nation's affairs not only in his duties with the Nisga'a Lisims government, but with the larger issue of First Nation's affairs in Canada.

The Daily News provided details of the new honour and some background on Dr. Gosnell in the Friday edition of the paper.

Veteran Nisga’a statesman is given nation’s highest honour
By Leanne Ritchie
The Daily News
Friday, February 23, 2007

A state leader for the Nisga’a Nation, Dr. Joseph Gosnell, has been promoted within the Order of Canada to the highest level of membership.

On Tuesday, Canada’s Governor General, the Right Honourable Michaëlle Jean, announced 89 new appointments to the Order of Canada, including Gosnell’s promotion from Officer of the Order of Canada to Companion.

The Order of Canada was established in 1967 to recognize outstanding achievements and service to the country. It is Canada’s highest honour for lifetime achievement and has three levels: Companion, Officer and Member.

Skeena-Bulkley Valley MP Nathan Cullen said was a fitting tribute for a remarkable man.
“Dr. Gosnell has spent his lifetime bringing modern education, health care and resource management to the Nass Valley,” Cullen said. “His dedication as president of the Nisga’a Tribal Council and chief negotiator for the landmark Nisga’a Treaty helped to create a model of aboriginal self-government that has been felt around the globe.

“I know I join with all Canadians in thanking Dr. Gosnell for his extraordinary contributions to our country and our world.”

Fewer than 500 of the 5,200 recipients to date of the Order of Canada have been named Companions. A maximum 165 living people may hold this title. Today, there are 158 Companions in the Order of Canada.

“Dr. Gosnell has spent his lifetime revitalizing Nisga’a culture,” said North Coast MLA Gary Coons.

“His work as president of the Nisga’a Tribal Council and chief negotiator for the landmark Nisga’a Treaty was remarkable.”

Gosnell stepped down from his role as president of the Nisga’a Lisims Government in 2004.

You have the right to shoot your hunting buddy in the night

In what is sure to be a controversial ruling, the BC Supreme Court has upheld the right of two First Nation’s hunters to hunt their prey at night using a light. A practice normally frowned upon and considered illegal for most living in the province.

In the 4-3 decision, the Court upheld the right of two men from Vancouver Island to hunt at night, overturning their convictions under the BC wildlife act. They had been arrested after BC Game Wardens had set up a decoy target and arrested the two after their hunting session after nightfall.

The men had claimed that under a treaty provision of 1850, they had the right to hunt deer at night with a light. They had lost at trial, but upon appeal to the Supreme Court the decision was overturned.

Besides the obvious danger of the practice of hunting at night, one wonders what source of light would have been used at night back in 1850 to assist hunters of the day. While the courts are right to protect past practices of the First Nations and guard against any infringement on their traditional patterns, still common sense sometimes has to prevail once and a while one would think.
Simply put, hunting at night is not a safe activity to take part in regardless of your ancestry and using a light to hunt your prey isn’t a particularly fair approach to the project either. Sometimes a law makes sense, this one did, and it’s puzzling how the courts could see things any other way.

Cullen looks for a way forward in port dispute

Nathan Cullen, the areas Member of Parliament is pointing his finger squarely at the federal government over the current controversy over the negotiations with the Coast Tsimshian about the container port expansion project.

Cullen, who represents Skeena-Bulkley Valley, describes the federal approach to the issue as having dropped the ball and mishandling the entire process, but feels that there is a way forward. A process which he partially outlines in the Daily News.

The current situation between the federal government and the Coast Tsimshian seems to be in a state of limbo at the moment, the federal minister of Industry David Emerson, unable to say if the negotiations are ongoing or suspended.

The latest twists and turns of the headline dominating story appeared on page one of Wednesday’s Daily News.

CULLEN WANTS A NEW WAY FORWARD FOR PORT TALKS
He lays blame squarely at door of the feds for lack of progress to date
By James Vassallo
The Daily News
Wednesday, October 18, 2006
Pages One and Seven

The Federal government dropped the ball and screwed up an otherwise good negotiation process with the Coast Tsimshian over the container port expansion, says Skeena-Bulkley Valley MP Nathan Cullen.

“The last place people want to be is in court… it’s going to mean a certain number of jobs, it’s going to mean training dollars and all of that makes sense for the entire region,” said Cullen. “When the feds came in, they just walked over top of everybody and made a mess of it.

“We’ve got to get them back at the table and I’m trying to find a way that will make sense for all the parties to step back.”

The MP said he’s spoken with Port CEO Don Krusel and some of the local chiefs and council and is fairly confident that there is a way forward.

“The offer I’m considering putting to the First Nations is we need someone at the table who can make the decisions – you put forward your representatives that account for your hereditary systems as well as your current elected systems and you make that decision,” said Cullen. “I think when outside forces start to pick and choose who should sit at the table, that’s when we run into problems and the federal government has been the most guilty of picking one side or another.”

The issue of how government should be negotiating with First Nation’s communities is something that goes right across the region and the province with projects from forestry to mining, he said.

“Who speaks for the First Nations when you have a traditional governance system and then what is a relatively modern and new governance?” said Cullen. “What we’re going to find out of this is actually a much stronger method for negotiating future agreements by allowing the communities to choose for themselves who it is what will speak for them and not saying that Ottawa gets to pick and choose.”

Minister of Industry David Emerson said he “can’t answer” if negotiations are ongoing with the Coast Tsimshian at this point, but that the government is hoping to resolve the issue.

“I have been involved in correspondence and we’ve certainly been attempting to resolve that and find a compromised solution,” he said.

“We are committed to ensuring that First Nations are included, that they’re part of the wealth-creation process and that everyone is working collaboratively and benefits from the opportunity.

“I think the thing that is most absolutely critical is that we not drop the ball and that everybody continue to work in good faith to making sure that this initiative continues to be executed smoothly and we will try very hard to ensure that everyone is involved and benefits from it.”

Court date could beckon in bid to have Nisga’a treaty declared unconstitutional

Two members of the Nisga’a nation are suggesting that with the implementation of the Nisga’a accord of 2000, that historic rights of hereditary governance and culture have been lost. And because of that they plan on taking the accord through the legal process to have it declared unconstitutional.

Claims which are being dismissed by the current President of the Nisga'a Nation, Nelson Leeson. Who suggests that the hereditary governance aspect, is one that hasn't actually been in use for a very long number of years.

The legal efforts of the two are being financed by an organization called the Canadian Constitution Foundation, which it would appear has its roots with the Canadian Taxpayers Federation.

The Foundation is picking up the tab for the legal costs of the two men as they look for a ruling on the accords status under the constitution, a situation that has more than a few people raising their eyebrows at the unconventional alliance.

It took many years of legal efforts and political debate for the Nisga’a accord to move from talking point to act of governance. With potential legal work on the horizon, it would seem that four years after it’s implementation, the process may soon begin anew.

The Globe and Mail had an in-depth article on its website Tuesday, which looks at the potential court challenge, recounts just what is being debated and provides a review of the history of the accord.

Internal dispute imperils historic Nisga'a treaty
GREG JOYCE
Canadian Press
Globe and Mail website
Tuesday, October 10, 2006
VANCOUVER -- The first modern-day aboriginal treaty in British Columbia's history was hard won by the Nisga'a through decades of political protest and arduous slogging in the courts.

The contentious treaty and the Nisga'a Lisims Government it created in 2000 could be in jeopardy -- but because of a challenge from within.

Two band members say the treaty, which provides limited powers of self-government and rights not found in the Indian Act, is destroying traditional hereditary governance and culture. They want it declared unconstitutional.

"Through the treaty process, we lost our native rights," said James Robinson, a hereditary chief known as Chief Mountain in the eagle house. All Nisga'a traditionally belong to one of four houses: eagle, wolf, raven or killer whale.

"Our whole hereditary system is being dismantled right now. Our culture is the hereditary system."

Mr. Robinson and fellow plaintiff Mercy Thomas have launched the challenge, but they have a willing partner in the Calgary-based Canadian Constitution Foundation, which is paying their legal fees.

The foundation's website says it was founded in 2002 to explain to Canadians "the role of the Constitution in their daily lives, to teach them how to recognize infringements and abuse of the Constitution in the world around them and to help them defend its principles from improper decisions or actions of governments, regulators, tribunals or special-interest groups."

The foundation, which believes the Constitution recognizes just two levels of government -- federal and provincial -- has a board of directors comprised of some prominent conservatives.

Its board includes Ezra Levant, publisher of the Western Standard magazine, and William Johnston, a family physician in Vancouver and president of Canadian Physicians for Life.

Foundation executive director John Carpay, a former Alberta director of the Canadian Taxpayers Federation, says the Nisga'a dissidents claim the treaty "violates their constitutional rights as Canadians. It does so by creating a third order of government that is not accountable to Ottawa or Victoria.

"The Nisga'a treaty is in conflict with the traditional Nisga'a culture, which the plaintiffs want to see preserved, and they feel this treaty doesn't preserve it."

Mr. Carpay says the foundation is paying "the bulk" of the legal costs for the treaty challenge. It gets its money from charitable foundations and private donations.

In an interview from his home in Prince Rupert, Mr. Robinson said the cultural upheaval he has felt from the treaty outweighs the constitutional arguments.

The president of the Nisga'a Nation, however, scoffed at Mr. Robinson's suggestion that the treaty is destroying the traditional hereditary system.

Nelson Leeson said the system, which follows a matriarchal line and puts all the Nisga'a into one of the four houses, was outlawed long ago by non-native governments in favour of elections supervised by Indian Affairs.

The challenge, which will be heard in B.C. Supreme Court, also faces a long and winding legal road. Last year in B.C. Supreme Court, the challenge was thrown out with a ruling that the plaintiffs had not properly prepared their case.

But only last month, a three-member B.C. Court of Appeal panel reinstated the challenge by referring the case back to another appeal court panel. That court will decide whether the 2005 lower court decision was correct.

The Nisga'a battle goes back two centuries to 1793, the nation's first recorded contact with Europeans, when British naval Captain George Vancouver sailed into their territory to map the northwest coast.

Through the years, federal and B.C. governments paid scant attention to B.C.'s natives. But the treaty finally gave the Nisga'a ownership of about 2,000 square kilometres in the remote Nass Valley. It is also worth $190-million in cash and millions more in grants and program funds in Nass Valley improvements.

Mr. Robinson and Mr. Thomas said they are not opposed to treaties in general -- just this particular deal.

"There is a legal side to this and a cultural side," Mr. Thomas said. "We represent the cultural side. It's taken away our identity as a people."

Mr. Robinson bristled at the suggestion that he and Mr. Thomas are being used by the foundation.

"Who's using whom?" he asked. "Where are the Chief Mountain people going to get $700,000 to fight for our rights?"

But Mr. Leeson said that if the Nisga'a can battle the provincial and federal governments for a century, they can handle this too. The Nisga'a negotiated a treaty they believed was "fair and just and honourable and that will benefit us all," he said.

Mr. Leeson rejected another claim by Mr. Robinson that the Nisga'a Lisims Government is autocratic, although he acknowledged that for some Nisga'a, the treaty might be startling.

"It's different for a lot of our people because they were used to band elections, where a guy from Indian Affairs would come in and run the election." After living under the Indian Act for more than a century, it might be hard for some people to have a democracy in which people "don't have to vote for friends, cousins, and relatives," he said.

Gitaxaala Nation finds agreement with provincial government

The lengthy process of consultation has yielded some success at Kitkatla, as the Gitxaala Nation and the provincial government signed a land use planning agreement and also found some common ground on collaborative protected area management agreement in a ceremony held in Kitkatla on Monday afternoon.

Described as a step forward for the Gitxaala nation, a historical day that gives the people a say in how their territory is to be used. For the provincial government it’s another success story in the aboriginal affairs section of the government’s legislative agenda. It marks a change in perceptions on both sides and an achievement that didn’t seem as likely when the Campbell Liberals first took office five years ago.

It’s been a slow process, but perhaps there is a hint of promise in the always complicated issue of First Nations affairs, suspicions have run deep at times in both camps on land. Economic and social issues, with the result of sometimes it seemed that three steps backwards happened for every step forward.

In the Gitxaala nation it seems that Monday brought very much a step forward, something that might be used as a template for other disputes across the province.

The Daily news had the details on the long anticipated agreements.

GITXAALA SIGNS OFF ON HISTORIC DEALS
Agreement with province gives band more control over territory
By Patrick Witwicki
The Daily News
Tuesday, October 3, 2006

A monumental agreement was signed between the Gitxaala nation and the provincial government Monday afternoon in Kitkatla.

The land use planning and collaborative protected area management agreements were signed by Clarence Innes, Matthew Hill, and Clifford White of the Gitxaala nation and provincial ministers Pat Bell and Barry Penner.

It was an agreement that both sides are pleased with, and believe will continue to protect the North Coast area for generations to come.

“We finally have a say on how our territory is used,” said Innes.

Matthew Hill, representing the hereditary leaders and elders for the Gitxaala nation, said that the agreement guarantees a future for generations to come.

“We have been coastal inhabitants of this territory for thousands and thousands of years,” he said. “It’s been a very difficult journey for us, considering what is going on here and around the world.

“This reassures us that we are on the right track. Now that we are reassured, we are stepping forward.

“I’m very proud of all the children who took part in this today. It is their future we are dealing with.”

Clifford White, elected chief and council for the Gitxaala nation, said that years of hard work have gone into the agreement.

“It’s an important historical day for all us,” he said. “Our territories are controlled by our hereditary process, and (it is important) that we work in conjunction with our hereditary people to ensure that the well being, the economic opportunities and social issues are being carried forward in respect to our traditional ways.

“We are hoping if gets fulfilled. There are treaties in place that never get honoured, but we are hoping that this is just one small stepping stone in being able to work with the provincial government and get things done.”

Through the collaborative agreement, Kitkatla and the province will work together on conservation planning, and recommendations for economic activity that will incorporate First Nations’ culture, ecological, and economic interests as part of the Central and North Coast Land and Resource Management Plans (LRMPs).

“This is a very important agreement,” said Pat Bell, Minister of Agriculture and Lands. The importance of this land-use agreement… when I look at all these children, that’s what this agreement is about. It’s about ensuring these children have a future.”

Barry Penner, Minister of the Environment, said the agreement ties into continuing to protect the resources and eco-systems of the North Coast.

“You are the best environmentalists in the world, because you had to be in order to have a sustainable land-base,” he said. “And we acknowledge that… these agreements are a reflection of that understanding. On this day, we mark the beginning of a new chapter. Most importantly, and the reason we are here today, is to celebrate the signing of this momentous agreement, and through that, we honour the heritage, the culture, and history of the Gitxaala people.

“The collaborative part of the agreement is about sharing. It’s about sharing responsibility, and protecting our ecological integrity. It’s about being able to speak of a mutual goal to preserve the pristine beauty of this area.”

Prior to the signing, the provincial government put into place the new park ranger program, involving Dave Mason and Richard Robinson of the Gitxaala nation.

Then, after the documents were signed, Bell presented Kitkatla with a cheque for $50,000 to assist with the economic development of the agreement, and Penner handed over a framed document in celebration.

Everyone involved also talked about the importance of hereditary chief Russell Gamble, who was unable to attend the ceremony due to illness. For more background on the historic day check tomorrow’s edition of the Daily News.