K'watamus Speaks

I wanted to explain why I think the Sechelt Indian Band is making a drastic political mistake.

You should ask, if the Sechelt Indian Band is going to court to assert its aboriginal title and rights over its traditional territory, what for? is it worth the price of our future generations?

This may be a useless exercise for the following reasons:

1. What is meant by aboriginal title? Has the band ever tried to define it so that it can be accepted? Until this definition is established they will be trying to establish an amorphous *(with out a distinct shape) title which the courts are likely to reject precisely because it is non-specific. The band has consistently omitted to state in treaty negotiations just what this is - despite the Federal and Provincial negotiators asking for such. Does the band expect it to be open-ended so that only they can go to court any old time to establish a "new" right?

2. What good will it do if the band gets aboriginal title? This title is not saleable or transferable except to the federal government - so it has no economic value even if defined. Even then the province and the Feds can infringe on this aboriginal title for various good government reasons. Aboriginal Title does not produce wealth.

• Self-government gives the Sechelts the political clout to create wealth.

• Yes, it’s self-government that gives the Sechelt Indian Band the opportunity to create wealth at the Community level.

• It’s self-government that initiates the workable processes to enhance the renewable resources through co-management initiatives.

3. The band in recent years has consistently refused to allow any-off reserve involvement in its community planning. This must change in years to come or Sechelt continues to fall behind in economic development. How will the band meet it’s financial obligations if funding is reduced as a result? Just look at the atmosphere today and think about it.

4. If the band does win aboriginal title this doesn’t mean that it can do anything any time it feels like it. There’s a cost! And it still has to abide by the laws of general application. So what does aboriginal title do for the band’s negotiating position?

5. If the band’s aim is to have its aboriginal title registered at Land

Registry it doesn’t need to go to court. One band already lost in the courts. The SIB should check first with other bands and watch for positive developments

6. What makes the band think that the provincial government and Ottawa will come to it if the band does win in the courts? The governments just may say "so what". Example is the Delgamuukw Supreme Court Case, which says aboriginal rights and title are already constitutionally entrenched and protected. But has it brought the Gitskan/Wet su’wetan instant wealth that many of its members believe and expect?

7. It seems to me that for the Sechelt Indian Band to proceed it must define aboriginal rights - and if it does then the big winners will be the governments as they have been pushing for this for quite some time. Does it mean ownership?

8. Further, anything won by the band prior to a treaty settlement will just erode the governments’ appetite to subsidize the band for any more than the absolute necessities. It’s happening now as we speak..........

Take for instance the matter of erosion grants. These were outside the Annual Financing Agreement so the governments refused. Yes, it’s happening now, especially around the many complex issues that the band should understand before acting and making a mistake in judgement.

The SIB stands to lose this if it continues the way it is going. What the band has to keep in mind is that all governments in Canada including Aboriginal governments are all interdependent and that this interdependence is crucial to any successful government.

The Sechelt Indian Band has to commit to educating the membership to succeed in the political arena. The world is getting smaller each day.

Unfortunately a percentage of the membership continue to live in the past. Sechelt has to tidy up a lot of unfinished ‘in-house’ business, like the membership section. All members must be allowed to vote in all elections and referendums regarding general elections, land transactions, financing resouce extraction and land use. All bandmembers no matter where they reside must be notified of any election or vote.

So the mandate by the Band Council should be to: amend the Sechelt Constitution as soon as possible.

It’s also unfortunate, since 1986 we’ve lost about 15 years in economic development production and positive employment for more members. For the past few years Sechelt has been ill advised. And it cost the membership millions of dollars. Let’s get those years back. We have to redeem our plan to bring economic development to the forefront of our agenda, before we bring Ottawa and BC back to the negotiating table for the final inning to be played out so every Canadian is a winner..

The Delgamuukw Decision was a great decision for all First Nations and especially for Sechelt it gave us the tool to finish the political game and bring our people closer to compensation we seek.

Our request to negotiate for compensation is best dealt with through our self-government empowerment. I’ve always said that we’re at second base in our quest for justice. To hit a home run we’ve got to make the best decisions for all the Sechelt membership, on or off Sechelt Band Lands, not just go along with what comes out of the media outlets; newspapers, TV, AFN ... et cetra.

I don’t want a freeby, I want Sechelt to have its compensation. The future will then look after itself through our cooperation with the other two governments because we will be defining what the Delgamuukw Supreme Court asks of us.