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Gathering Place First Nations
Canadian News ALERT
October
11, 2002
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Press Release -
Independence
Day
From Coast Salish
Territory - Vancouver Island BC
Band Members Throw a
Monkey Wrench into Treaty Negotiations
in BC Today - Wish Indipendence and a "Duty Free Zone" Approximately 20 First
Nations Coast Salish Signatories have, in a move guaranteed to throw a monkey
wrench into BC's Treaty Process - declared their bid of independence from
"Cowichan Tribes Indian Band" today - Oct 10, 2002. The declaration comes in the
wake of long standing concerns from Cowichan Band Member over fiscal
irresponsibility, lack of accountability, transparency or redress - and what is
perceived as on-going nepotism, graft and
corruption in their Band Administration by the Chief and some members of the Cowichan Band's Council. This move also comes on the heels of the Minister of Indian Affairs, Robert Nault's re-introduction of his "Governance Initiative" Unhappy band members declare that Robert Nault's department has never heeded their warnings about financial problems and accountability with their band, and has stonewalled their requests for forensic audits and disciplinary action for the Current Chief and Councils' (and former Chief and Council)s' - lack of adherence for nearly 4 years to the Comprehensive Funding Agreement. (A yearly contract between their band and the DIA each year which provides for 10s of millions of core funding.) The "Indian Act" only
allows Indian Band members one mechanism for formal redress in their
accountability woes.Section 11(4)of the Indian Act deals with "Where Bands
Amalgamate or Divide". Signatories to the "Declaration" which they plan to
release this evening at 5:00 pm PST at the Maintable of Negotiations between the
Province, Feds and Hul'qumi'num Treaty Group.
Recently Cowichan Tribes
was the site of controversy this summer over the proposed "Community Improvement
Fee" tax. This tax was
unilaterally imposed on Band Members without their consent, and strictly against the very specific direction given to Former Band Officials in August 2000 - requiring a proper balloted referendum, garnering 50%+1 support of the entire membership before imposition of the quasi-GST tax on alcohol, fuel and tobacco products sold to all people on reserve (native or not). The new tax has merely replaced the GST for non-natives - but has increased the costs for purchase of these goods for all First Nations people buying these goods on the Cowichan Tribes reserve. Angry protestors
occupied the Band Office for 8 hours 3 days after the tax came into effect, June
3rd - demanding that the tax be repealed until a proper referendum was held. The
Chief and Council promised to hold that referendum, and to revoke the tax until
such a time as a referendum indicated support from the membership - but reneged
on that promise and ran what Band members called a "rigged" open vote on July
23rd. When Chief and Council broke their promise to repeal the tax until the
proper referendum occurred - approximately 150 Band members, including 35 elders
picketed the Band Office on June 10th demanding that the Chief and Council keep
their promise. The response to the proposed protest at 1:00 that afternoon - by
Chief and Council was to shut down the entire band office for the day -
including vital services like Health, Welfare, and Child and Family
services.
Band welfare recipients were later told that if they were caught participating in the protest that they would not be allowed to enter the Band Building to gain access to social services. Historically - Cowichan
Tribes has been comprised of 7 Nations - Somena, Comiaken, Quamichan,
Clmclemaluts, Khenipsen, Koksilah, and
Kilpahlas. (Each Band having their own "Chief" and a few Councilors to represent them) Hereditary Leaders were removed by the Indian Agent, and In the 1940's the Band's were amalgamated under the promise of "free housing" for every family by the Indian Agent. The 20+ Signatories to the declaration having been unhappy with the status quo for some years, simply want to return to a more traditional and more representative model of governance that is based more on "Snuywueth" or "traditional laws and teachings" rather than Indian Act bureaucracy which many blame for the band's current housing, financial and poor accountability woes. Two of the families
involved in the initial Declaration of Independence are owners of large swaths
of land - which they say will form the basis of the initial traditional reserve
for Somena Peoples. The band signatories plan to purchase more lands from
non-natives and businesses in the Traditional Title areas of Somena and
associated families lands an annex them to the "new" reserve as needed. The "new
band" insists that nobody is going to be forced to join the new band, and while
they wish their fellow Cowichan's well in the future with the "Chief and
Council" of Cowichan Tribes - they simply want no part in being governed by that
body of representatives
. Signatories also declare
that they are going to use the opportunity of forming their new band to engage
in a model/experiment of economic development - concerning the creation of a
low-tax/no-tax territory for ALL people who wish to conduct business or come and
shop on their new reserve. Essentially the Somena group suggests that since the
Federal Government has vacated the collection of GST from non-natives in this
region, they wish that this lack of collection of any federal GST tax on
Alcohol, Fuel or Tobacco products continues to take place. This will mean that
non-natives in this region will be able to enjoy the same tax-breaks as First
Nations when they shop for those products on the
reserve.
"The Cowichan Tribes
government has had their right to tax in their territory recognized by the
Federal Government" - said Meaghan Walker-Williams--one spokesperson for the new
Somena First Nation, "All we are doing is saying that if this is a true form of
self-government-- the authority to tax, it's up to us, as the original owners,
occupants and sovereign peoples of our territory to set that rate at which
taxation will be applied to all people in our territory. In our case, we wish to
eliminate the collection of this oppressive and "temporary" tax by the Chretien
Federal Government and successive governments".
The new band, at present
does not wish to seek any form of Government funding, for the Province and the
Feds - and instead wishes to raise capital, revenues and funding by private
ventures and partnerships with non-natives who would be interested in working
with the Band in developing it's "low/no tax" or "duty-free" zone. They ask that
the Federal and Provincial Governments put any money that would ordinarily be
given to the Cowichan Band to provide services and programs for them into a
Trust Account - should the "no-tax/low tax" or "duty-free" zone fail, or the
Federal Government does not accept their jurisdictional rights to set the rate
of taxation.
The new band members
believe that in short order - the creation of a "no/low Duty Free Zone" - will
show immense benefits to not just the New Somena Nation, but to all Cowichans,
and their non-native neighbors in this region, who are already living under
terrible conditions in the face of a damaged forest industry, slowed economy and
massive government cutbacks. Like Freeport Bahamas, HongKong, or the Jebal-Ali
Freezone - this First Nation wishes to bootstrap it's way to financial
independence from Taxpayers - by focusing on "free-market" solutions to the
terrible problems associated with Poverty, plaguing so many First Nations
communities.
The novel idea - which
has been promoted over the last 3 years by Somena members in National, Regional
and local print, has been explored by other Bands across Canada. Notably the
Mohawk First Nations - who declared a "tax-haven" 2 years ago, along the
St.Lawrence. The difference in approach between the Mohawk "tax-haven" and the
Somena "duty-free" zone, is that the Somena people have no wish to flaunt
current tax laws - or break the law
in challenging it. However, they would like to have the laws changed, by Treaty Negotiations with the Federal Government to make this "duty-free" zone happen. "If Airports across
Canada can do this - why can't we?" says Walker-Williams. "I think Canadians who
are not native are getting a little sick of the paternalistic approach to Native
Affairs. They are tired of their hard-earned money being wasted on programs to
benefit Aboriginal people, when it's so clear that very few Aboriginal people
are actually benefiting from the Billions being spent on us" - she
continues.
"Help us - by not giving
our Band any money, and letting us, and our visitors be economically free - and
we will never seek a hand-out from already over-tax burdened
Canadians"
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