4 — Sunday, February 5, 1989 - North Shore News ma ® strictly personal ¢ a nN te WHEN I was a young man out camping by myself in the winter near Kenora, Ontario, I came very close to freezing to death. I was rescued by a Huron Indian, whose property 1 happened to be on, who showed me how to stay alive in sub-zero weather. He caught 2 rabbit in a snare, showing me how to cook it over an open fire. I had a bottle of wine, which we shared. And there, under the moonlight in an ice-glazed forest, | re-experienced what my ancestors had gonc through upon their arrival in the New World — being kept from death by the will- ingness of an Indian to share his knowledge and food, and me to share my booze. I guess that was what you'd call a formative experience. Ever since then, I have been keenly interested in the story of the native people of North America. As the years went by and 1 became aware of ecological pro- blems, I also came to realize that the native people had a philosophy and religion which were essentially ecological. in my back yard, there is a Sweat Lodge, which various In- dians use from time to time in their religious ceremonies. | have been invited inside to share a ‘‘sweat’* with them. It was an interesting experience, to say the least, since it turns out that the sweat ceremony is an Indian version of going to church, They pray, literally, to Mother Earth. I have gotten to know quite a few Indians over the years. On various environmental campaigns, 1 found myself working with them closely from time to time. In- dividually, they are as intelligent as you or me. We get along well as equals, no problem. There is no mystery why so many Indians fare so poorly when they come to the city. Nor is there any great mystery why life on the rural reserves is the hell it is for the most part. For over a century, Indian bands have been struggling to survive on tiny parcels of land with their hands tied behind their backs by a white men. Unable to take any initiatives on their own because of the stifling regulations of the Indian Act which curtail their activities at every turn, they have had a hard enough time hanging on to any remnants of their culture, their religions and their social structure, let alone be able to make any headway economically. The struggle of the native people 7 Loong after Vander Zalm is a sad footnote to British Columbia’s history, ranked somewhere in the exalted category of loonies like Amour de Cosmos, the question of the ownership of the land is still going to be with us...’ RE for self-government is one of the great dramas of Canadian history and it is a long way from having run its course. In fact, as an issue, it is just warming up. The same can be said of native land claims. Politicians of the likes of Bill Vander Zalm, who appear to be utterly ignorant of the history of their adopied country, fail to ap- preciate the jurisdictional depths of Indian land claims, just as they fail to appreciate the political CRIMINAL LAW depth of the native organizations they are dealing with. Long after Vander Zalm is a sad footnote to British Columbia's his- tory, ranked somewhere in the ex- alted category of loonies like Amour de Cosmos, the question of the ownership of the land is stil! going to be with us, the reason be- ing, as anybody who has studied law can tell you, that democracy and original Indian title are inex- tricably linked. The question of land title on this continent goes back to the roots of Western-style democracy. In fact, it forms those roots. Unlike Europe, Asia or Africa, where territory changed hands strictly as a result of the applica- tion of superior military force, North American land was trans- ferred for the most part according to the rules of real estate trans- actions, rather than might being right. There is a common misap- prehension that the land was taken by force and the Indians were locked up in concentration camps called reserves in Canada and res- ervations in the Uiited States. This prevailing mythology notwithstan- ding, the facts are that south of the border nearly every inch of land was purchased. In Canada, under the British and French, we weren’t quite as fastidious. Nevertheless, the trans- fer of territory from natives to Europeans proceeded according to treaties which were legally binding — except in British Columbia, where a minority of white im- migrants voted to join Confedera- tion without asking the majority of native people what they thought about the matter. Accordingly, only a handful of treaties were signed. Otherwise, the legal basis for ownership of the province remains totally in limbo. This is all leading somewhere. Stay tuned ® smothering bureaucracy run by KEVIN J. GILLETT LEWYER ¢ Doctoral degroe in Criminal Procedure © Over 7% years experience in Criminal Law If you are charged with an offence, you should be aware of your rights, obligations and options, the penalties you face and the cost of a lawyer's services. I will be happy to discuss theee issues with you at a free initial consultation. FORREST, GRAY, LEWIS & GILLETT 201-145 East 15th St. N. 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