law AT A federai-provincial conference in the now-fading past, Bill Vander Zatm may have delivered his finest speech as premier. And — as often is the case in these affairs — no one paid any attention.. The meeting had been called to discuss the inclusion of aboriginal peoples in the Constitu- tion. Prime Minister Brian Mulroncy’s proclamation in favor of native self-government was a focal point of conversation. Vander Zalm’s speech was widely criticized and eventually ignored. It was obvious, however, that everyone was so obsessed _ with their own phoney rhetoric on the topic, that no one had listened _to what the British Columbia - premier had said. ' The ‘‘vibes’? were that Vander Zalm was contradicting the ‘‘in’’ - sentiment in favor of theoretical self-government and a general pandering to the wildest cliches in the political lexicon. Oblivious to the words being expressed, the critics perceived Premier Vander Zalm as being “anti-Indian.”” With this quick dismissal, the eastern politicians, the media and all of the expensive observer dele- gations continued their wasteful, useless and unsuccessful mutual admiration. . Bill Vander Zalm told the coun- ‘tryin very simple terms that Brit- ish Columbia is different. It is in- correct, he said, for standards to. evolve concerning provinces with “ clearly delineated native geogra- phy and signed treaties, that would apply in B.C., where there is no hard evidence. , There are over 220 native In- ‘dian bands in Canada. Of these, 196 are in British Columbia. .° With only rare exception, the two dozen bands outside of B.C. can produce treaties and historic * contracts that define their birth- u right. Little such evidence exists in this province. ~ . Premier Vander Zalm merely begged his colleagues to under- stand the difference in British ‘Columbia. Where the premier of Nova Scotia might anly have to _ negotiate with Mic Macs and Mailiseets, and Quebec talks would be Mohawk-dominated — in all cases with treaties an both sides — B.C, would face 196 separate ‘governments, ‘This is the constitutional © nightmare of Canada. Two pro- . vinces are so culturally different, and independently proud and. mighty, that they can’t possibly be OPEN LINES asked to dance in step with everyone else. Quebec and British Columbia are unique. The principal contributor to the | unappreciated Vander Zaln speech — if not its author — was adviser Mei Smith. Smith is still addressing this topic, In the current edition of British Columbia Report maga- zine, Smith attacks the dual standard of law as it applies to natives and everyone else, focus- ing on the current fishery debates. But he goes further than that. “tt is particularly disturbing, therefore, to see an increasing ~ tendency on the part of senior governments in this country to implement policies for which there is a highly dubious basis in law and, in some instances, to even do so while falsely claiming that court decisions support them in doing so." Smith and other independent observers nave pointed out that all native claims are having a very rocky path through the courts, Without treaties or legal prece- dent, native bands argue their claims ‘*on the basis of right,”’ essentially stating that they do not recognize constituted government authority, The politicians uniformly agree with every native claim. And then the courts toss them out. The judges are not amused, They have become pawns of dishonest politi- cal practice, There is a potentially fascinating conference taking place in early April under the auspices of the Asia-Pacific In- stitute, tiled ‘First Nation Gam- ing and Resort Development.” Lawyer William Cooper is the sparkplug of the event. A tax specialist who has worked for Revenue Canada and who has taught university programs, Coo- per has acquired considerable ex- pertise in the legal difficulties associated with native business developments. Almost daily, we hear storics about reserves across the country that are toying with the prospect of Las Vegas-style casino or hotel resorts, claiming the right to prac- tices otherwise prohibited by ci- ther federal or provincial law. The natives point to many suc- cessful American ventures as their inspiration. Cooper explains that since the early 1980s, the Americans have established a ‘‘compact’’ between federal criminal law and state jurisdictions. Huge gaming parlors and casinos have evolved and resorts are planned that will ultimately cost more than $50 mil- lion. There are only two prototypes in Canada: Kingsclear in New Brunswick, a hotel and resort complex that will soon open a gaming facility, and British Col- umbia’s more modest Cape Mudge recreational resort, which Chartered Bank Guaranteed Cashable Anytime Quarterly Income * Minimum $10,000 U.S. For more information, please call The North Shoro’s only tull Service Investment tirm & 67) REC. DOMINION SECURITIES Mertrcy of te Rarys! Rew Croe 925-3131 201-250 15th Street, West Vancouver BRING YOUR CAR TO AIRPRO FIRST FOR OUR CERTIFIED $34.95 EMISSIONS SYSTEMS CHECK* AND WE WILL TAKE Auto - _. Emissions ’ Specialists YOUR CAR THROUGH THE AIRCARE TEST FOR YOU. “(Includes computer scope check, minor adjustment & AirCare Test fee) If our emissions check determines that no repairs are necessary you are back on the road to aute insurance renewal. 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The Canadian Criminal Code . prohibits gambling, except under clearly defined circumstances (lot- teries, horse racing, charities) and the provincial governments are obligated by law to enforce the standards. There is an additional difficulty faced by business in joint ventures with native bands. If the band does not recognize the jurisdiction of Canadian courts, how can the investments of joint venture part- “ners be protected? ust govern native claims What guarantees exist for the halimarks of a civilized society: protection of trademarks, copy- rights, licence agreements and property? Lasked William Cooper if there might be a parallel to the dif- ficulties faced by Western firms attempting to do business in East- ern Europe. Multinationals sense fabulous business opportunitics, but if these countries have no system of cominon law, or definition of private property, what security can exist for invested capital? “*This is a very good parallel,’’ he said. ‘‘The Americans have evolved a regulatory environment, We must do so as well.”’ We'll give the final word to Mel Smith: “What does all this mean? Simply stated: fair-minded Cana-. dians can only be expected to support policies to redress legiti- mate native grievances if put for- ward within the context of regular law.”? ELENA HALL Realtor BUYING OR SELLING Real Estate? Committed to working with you 623-7053 / 925-1111 | Sutton Group - Sentinel Realty: | Jf ass T WINDOW DESIGNS & DECORATING CONCEPTS The designer quality you've come to expect from JABOT Window Designs now has an added bonus, our lowest price ‘guarantee. Shop February 15th to March 31st and your purchase will be protected. 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