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Tsilhqot’in Nation welcomes recognition of full aboriginal title for the first time in Canadian history

Photo from http://rabble.ca/blogs/bloggers/brent-patterson/2013/11/council-canadians-supports-tsilhqotin-nation-supreme-court

By Tsilhqot’in Nation, June 26, 2014. Source: Intercontinental Cry

The Tsilhqot’in Nation welcomes the Supreme Court of Canada’s decision overruling the BC Court of Appeal’s judgment on Aboriginal title. The Supreme Court of Canada upheld the 2007 ruling of the BC Supreme Court and declared Aboriginal title to approximately 2000 km2 in the heart of the Tsilhqot’in homeland, in the Cariboo-Chilcotin region of British Columbia.

The Supreme Court of Canada’s ruling ends a long history of denial and sets the stage of recognition of Aboriginal title in its full form. Rejecting the BC Court of Appeal’s impoverished view of title as specific, intensely used sites is a step towards true and lasting reconciliation for all First Nations. The Tsilhqot’in Nation has worked tirelessly with many organizations to make this a reality.

“We take this time to join hands and celebrate a new relationship with Canada. We are reminded of our elders who are no longer with us. First and foremost we need to say sechanalyagh (thank you) to our Tsilhqot’in Elders, many of whom testified courageously in the courts. We are completing this journey for them and our youth. Our strength comes from those who surround us, those who celebrate with us, those who drum with us” said Plaintiff, Chief Roger William of Xeni Gwet’in.

Xeni Gwet’in Chief William states, “First Nations across this country have taken legal action, entered into treaty, practiced their language and demonstrated use of the land and through this they have supported us – we thank you. Non-First Nation organizations and First Nation organizations are adamant in helping us and we are grateful. We are especially grateful for the support we received from our neighbors, the non-Aboriginal residents and businesses in the title area, who intervened before the Supreme Court of Canada to say that they welcomed a declaration of Aboriginal title. These organizations have been interveners and in general support – sechanalyagh.”

“Under our own laws and teachings there is no question that these are our lands. This is the end of denying rights and title. We met the legal test in 2007 and that should have been the end of it. This decision will bring much needed certainty for First Nations, government and industry. This case is about us regaining our independence – to be able to govern our own Nation and rely on the natural resources of our land. We are ready to move forward in this new relationship with government and industry. That work starts today” said Chief Joe Alphonse, Tl’etinqox Government, Tsilhqot’in National Government Tribal Chairman.

Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs stated “amazing, absolutely amazing! Thank you Tsilhqot’in for your courageous leadership, temerity and relentless tenacity! The Supreme Court of Canada completely repudiated the greatly impoverished and highly prejudicial positions of the BC and Federal governments which formed the basis of the BC Court of Appeal decision. As parties supporting the Tsilhqot’in in this case, we worked collectively to ensure the Supreme Court of Canada would understand that recognizing Indigenous Title and Rights do not diminish Canadian society, it enriches it. Let us celebrate this momentous and historical victory!”

BCAFN Regional Chief Jody Wilson-Raybould stated, “This decision is a game changer. The court has clearly sent a message that the Crown must take Aboriginal title seriously and reconcile with First Nations honourably.” She continued, “The decision is an opportunity to truly settle, once and for all, the land question in BC – where our Nations are not simply making claims to the Crown under an outdated federal policy but where there must be true reconciliation based on recognition and where the outcome of negotiations is certain. On behalf of the First Nations in British Columbia, heartfelt congratulations to the Tsilhqot’in people.”

This decision needs to be acknowledged as a positive step forward in reconciliation between the government and First Nations. Resolving Aboriginal title reduces conflict, creates the opportunity for respectful relations and ends an era of denial. We stand in solidarity with all other First Nations and Indigenous people globally in the necessity of resolving land claims and moving forward.

Squaxin Island Tribe unveils new green natural resources building

SQ-new-building-1-small-for-web-300x199 — Joe Peters, salmon harvest manager for the Squaxin Island Tribe, examines a green wall in the tribe’s new natural resources building

Jun 3rd, 2014 NWIFC.com

The Squaxin Island Tribe’s natural and cultural resources departments recently moved into a new building that reflects the tribe’s dedication to the environment and their own culture. The new office includes elements of green building and reflects the cultural identity of the tribe. “It literally looks like a long house,” said Andy Whitener, natural resources director for the tribe.

“We are the People of the Water,” said Whitener. “Every time someone comes in here, they’ll be reminded of that.” All of the rain hitting the roof of the building is routed to two water features that bookend the entrance of the building. The rainwater will flow down two slopes that look like of fish scales.

Even the heating system indoors – driven by warm water pumped through the floor – will be reminiscent of the tribe’s connection to water.

Several systems throughout the building are lighter on the earth than traditional buildings. For example, much of the light will come from natural lighting. “When there isn’t enough light outdoors, the building’s system will kick in more light to make up for it,” said Jeff Dickison, assistant natural resources director. “In the end, we’ll use a lot less electricity.”

The building’s impact on stormwater is decreased by two large rain gardens and a pervious pavement parking lot. “Instead of water flowing off the property, increasing floods and pollution, it will seep into the soil in a more natural way,” Dickison said.

Even the computer networking system makes it easier to manage the temperature inside the building. “This building won’t have one big server room that will need to be cooled, using a lot of electricity,” Dickison said. “We’re using a cloud based system, which will take that work totally off site.”

“We have dedicated staff that work hard to protect our treaty rights and preserve and protect out natural resources,” said Whitener. “It makes sense that our new building would reflect that mission.”

Remembering the 47/Honoring the Earth

Source: Quinault Indian Nation

ABERDEEN,WA (6/26/14)– The Quinault Indian Nation, Citizens for a Clean Harbor, Grays Harbor Audubon Society, Friends of Grays Harbor and other concerned citizens will join together in a rally to “Honor Lac-Mégantic, Honor the Treaties and Honor the Earth” Sunday, July 6 at Aberdeen’s Zelasko Park. The public is invited.

“It’s no secret that we have been opposing the proposals by Westway, Imperium and U.S. Development corporations to build new oil terminals in our region, and the consequent massive increases in oil train and tanker traffic. But this event is intended to honor the 47 men, women and children who lost their lives in Lac-Mégantic, Quebec, on the first anniversary of their death due to a tragic oil train explosion,” said Fawn Sharp, President of the Quinault Indian Nation.

“The Tribe has made its position clear. Treaty-protected fishing rights and oil just do not mix,” said President Sharp. “We have to support sustainability in Grays Harbor, and that means protecting our environment. The fishing industry, tourism and all of the supportive businesses are far too important to let them wither away at the whim of Big Oil.”

The various sponsors of the July 6 rally also concur wholeheartedly that the rally is intended to honor the Earth. “This is what connects all of us here in Grays Harbor County. It’s what connected us with our brothers and sisters in Lac-Mégantic, too, and that’s why we honor their memory,” said President Sharp. “Chief Seattle is credited with saying that all things are connected. It is as true today as it was in his day. We all live on the same Earth, and we have got to work together to protect it for our children, and for future generations.”

The July 6 event will take place at Zelasko Park from noon to 7 pm. At various times during the day, the names of all 47 victims of the Lac-Mégantic oil train explosion will be read, as well as posted. There will also be rally signs, exhibited for the benefit of 4^th of July week end traffic, music, food and other festivities. The public is encouraged to come, participate and enjoy.

For more information please email ProtectOurFuture@Quinault.org or “like”

Facebook https://www.facebook.com/QINDefense.

Tribe Loses Decades-Old Claim to New York Land

By MARLENE KENNEDY June 26, 2014

Courthouse News Service

MANHATTAN (CN) – Affirming dismissal of a decades-old tribal claim to a wide swath of land in upstate New York, the 2nd Circuit cited a trio of cases that also involved ancestral lands.
“It is well-settled that claims by an Indian tribe alleging that it was unlawfully dispossessed of land early in America’s history are barred by the equitable principles of laches, acquiescence and impossibility,” the unsigned decision filed Friday states.
The Stockbridge-Munsee Community of Wisconsin brought the appeal after a federal judge in Albany dismissed its claims to 36 square miles of land – about 23,000 acres – lying between Syracuse and Utica.
Originally filed in 1986, Stockbridge’s lawsuit against the state and others sought eviction and trespass damages.
The Oneida Indian Nation soon intervened as a defendant, claiming the land was part of its historic reservation.
A 2004 amended complaint argued that New York failed to get required federal consent for its acquisition of the tribe’s upstate land in 15 transactions between 1818 and 1842.
The court dismissed the lawsuit after a settlement attempt failed, finding that the state and the Oneida enjoyed sovereign immunity and that the claims against the towns and counties were barred by a 2005 U.S. Supreme Court decision.
The 2nd Circuit last week cited that case, City of Sherrill v. Oneida Indian Nation of New York, as one of three decisions that “foreclosed” the Stockbridge land claim.
Sherrill involved Oneida’s claim to a property-tax exemption on historic reservation land, but the Supreme Court deemed such a “disruptive remedy” time-barred by the “long lapse of time during which the Oneidas did not seek to revive their sovereign control through equitable relief in court and the attendant dramatic changes in the character of the properties.”
Judges Dennis Jacobs, Chester Straub and Reena Raggi concurred for the federal appeals court, which also cited circuit precedent from 2005 and 2010 that cited Sherrill in turning back other “disruptive” and “long delayed” land claims by the Cayuga and Oneida nations.
“In the wake of this trilogy … it is now well-established that Indian land claims asserted generations after an alleged dispossession are inherently disruptive of state and local governance and the settled expectations of current landowners, and are subject to dismissal on the basis of laches, acquiescence and impossibility,” the judges wrote.
They noted that the three decisions did not focus on “the elements of traditional laches but rather more generally on the length of time at issue between an historical injustice and the present day, on the disruptive nature of claims long delayed, and on the degree to which these claims upset the justifiable expectations of individuals and entities far removed from the events giving rise to the plaintiffs’ injury.”
Don Miller of Boulder, Colo., argued for the Stockbridge. Michael Smith of Zuckerman Spaeder in Washington, D.C., represented the Oneida Nation.
Assistant Attorney General Jeffrey Lang represented the state defendants: New York State; then-Gov. Mario Cuomo, father of current Gov. Andrew Cuomo; the state Department of Transportation; and then-DOT Commissioner Franklin White.
David Tennant of Nixon Peabody in Rochester argued for the town and county defendants in the affected region. They included the towns of Augusta, Lincoln, Smithfield, Stockbridge and Vernon; the village of Munnsville; and the counties of Madison and Oneida. The communities are small and mostly rural.

Young Eskimos Break Out on Their Own on TLC’s New Series ‘Escaping Alaska’

Escaping-Alaska-TLC-Show — Click image to preview series “Escaping Alaska”

This will be the first program from Discovery Networks International to debut in the U.S. first

The Wrap June 25, 2014

By Jethro Nededog

In a similar vein to its popular “Breaking Amish” franchise, TLC once again places its gaze on a subculture whose youth want to experience the outside world on new series “Escaping Alaska.”

The six-part series will be the first program from Discovery Networks International (DNI) that will air in the United States first before moving on to more than 200 countries and territories across the world.

Debuting on Sunday, July 27 at 9/8c, “Escaping Alaska” will feature the challenging journey of Alaska natives, broadly referred to as Eskimos, Mary, Frank, Tamara, Qituvituag aka Q and Nuala, as they set out to explore the world outside their villages and small towns. Though filled with love and pride in their heritage, these young people yearn to know life outside the insular communities. But, that’s not how their families will take it.

“‘Escaping Alaska’ provides a rare window into a remote world that is quite foreign to many of TLC viewers – a look at the lives of an endangered culture and private community that is seldom seen by the lower 48,” said DNI’s production and development vice president, Jon Sechrist in a statement.

He continued, “The series is a fascinating study of people struggling to preserve their traditional way of life, and the aspirations of its younger generation who are seeking their own way. The five characters featured are a microcosm of their community.”

Leaving one’s home is considered a betrayal in that culture, so these young people will have to use cover stories to mask their true intentions for leaving for California. Their new experiences will include new jobs, dating and challenging their traditional upbringings. In the end, they’ll each make the decision to return home or continue their lives within the contiguous 48 states of the U.S.

Sechrist commissioned and executive produced the series. Hot Snakes Media is producing the series for DNI.

Tribe: Problems linger with child protection

By HENRY C. JACKSON, Associated Press

WASHINGTON (AP) – The chairman of the Spirit Lake Indian Tribe said Tuesday that his reservation in northeastern North Dakota still has difficulty handling child protection issues and finding resources.

“The problems still remain,” Leander R. McDonald told a House subcommittee hearing organized by U.S. Rep. Kevin Cramer. “We continue to struggle to meet the child protection needs of our community.”

McDonald said the Spirit Lake Indian Reservation is trying to change its culture and improve the way it handles justice and child care issues. But he said tribal officials have struggled to fill key social worker positions and have found limited help from the federal government.

Cramer, a North Dakota Republican, said he pushed for the hearing because he is trying to gauge whether Congress needs to take action in order to improve conditions at the reservation. He said he was disturbed by repeated cases of child abuse and two cases involving child deaths on the reservation.

“The system is failing,” he said.

Spirit Lake has had numerous documented cases of child abuse, and last year federal prosecutors successfully tried two cases involving child deaths on the reservation. The tribe has ousted a former chairman and taken other steps to fix what officials have called a broken child protection system, since it initially came under fire in 2012.

Last year, the federal Bureau of Indian Affairs intervened, taking over some operations to try and improve conditions. The agency assigned seven agents to the reservation.

Tribal members agreed about a year ago to remove Chairman Roger Yankton Sr. in a recall vote, saying his administration was corrupt and ineffective and had allowed a culture of child abuse and child sexual abuse to worsen on the reservation. Yankton has denied the allegations.

Members of Congress seemed skeptical Tuesday that enough was being done to correct dire problems on the reservation. Earlier in the hearing, Cramer and other members of the House Natural Resources subcommittee on Indian and Alaska Native Affairs pressed federal officials about why more wasn’t being done.

Rep. Don Young was dismissive when addressing remarks from Michael S. Black, director of the Bureau of Indian Affairs. Young said he was annoyed the bureau had not accomplished more during its stewardship of Spirit Lake.

“This is good words,” the Alaska Republican said. “It doesn’t necessarily accomplish something.”

Black and another federal official, Joo Yeum Chang, an associate commissioner with the Administration for Children and Families, defended the federal response and said they were doing the best they could with limited resources.

Black said conditions had improved but that his agency simply didn’t have enough resources to deal with all of Spirit Lake’s issues.

“We’re reaching a point where we’re talking to other tribes to try and recruit some of them,” he said. “To have them come up and address issues they can help us resolve.”

He added, “I think we as a community have been making progress.”

First American Indian to Play in World Cup Chris Wondolowski

by Levi Rickert / 26 Jun 2014

Nativenewsonline.net

RECIFE, BRAZIL— Chris Wondolowski, the first tribally enrolled American Indian to participate at the World Cup, will be on the field as the U.S. Men’s National Team will plays Germany at noon, Thursday, June 26 in the World Cup in Recife, Brazil.

Wondolowski is a tribal citizen of the Kiowa Tribe of Oklahoma. He is a forward on the U.S. team.

Wondolowski plays Major League Soccer for the San Jose Earthquake. He is known by the nickname “Wondo.”

In 2013, Wondolwski tallied 11 goals and three assists in 29 MLS games, becoming the 11^th player in league history to record double-digit goals in four consecutive seasons.

Wondolowski was born into the Kiowa Tribe through his mother, Janis Hoyt. He was given a tribal name, Bau Daigh, pronounced Bowe Dye, which means “warrior coming over the hill.”

His brother, Stephen Wondolowski, is also a professional soccer player.

Supreme Court hands Tsilhqot’in major victory in historic ruling

APTN National News
OTTAWA–The Supreme Court of Canada has granted a declaration of Aboriginal title to the Tsilhqot’in over 1,750 square kilometres of territory in a historic ruling handed down Thursday.

This is the first time the high court has ever granted a declaration of Aboriginal title to a First Nation. The ruling also acknowledges Indigenous nations can claim occupancy and control over vast swaths of land beyond specific settlement sites, provides more clarity on Aboriginal title and sets out the parameters for government “incursion” into land under Aboriginal title.

The ruling also hands a final victory to the Tsilhqot’in Nation, which encompasses six communities with a population of about 3,000 people, over British Columbia in a long-running battle, which included blockades, over logging permits in their claimed territory.

“I would allow the appeal and grant a declaration of Aboriginal title over the area at issue, as requested by the Tsilhqot’in,” said the unanimous ruling, written by Chief Justice Beverley McLachlin. “I further declare that British Columbia breached its duty to consult owed to the Tsilhqot’in through its land use planning and forestry authorization.”

British Columbia and Ottawa both opposed the Tsilhqot’in claim to title.

The Supreme Court blasted the B.C. Court of Appeal, which had overturned a lower court ruling on what territory the Tsilhqot’in could claim under Aboriginal title. The high court found the Court of Appeal’s definition of occupancy too narrow.

“There is no suggestion in the jurisprudence or scholarship that Aboriginal title is confined to specific village sites or farms, as the court of appeal held,” said the ruling. “Rather, a culturally sensitive approach suggests that regular use of territories for hunting, fishing, trapping and foraging is ‘sufficient’ use to ground Aboriginal title.”

The high court said that Aboriginal title could be declared over territory “over which the group exercised effective control at the time of assertion of European sovereignty.”

Tsilhqot’in Nation Tribal Chair Joe Alphonse called the ruling “amazing” and said it marked the beginning of a “new Canada.”

Alphonse said the ruling also sent a message to Canada’s political leaders.

“It sends a strong message to all provincial leaders and Stephen Harper to deal with us in an honourable and respectful way,” he said.

Second suspect in break-in of Governor’s office appears in court

By Jeremy Pawloski, The Olympian

A judge found probable cause Wednesday to support an accusation that a 28-year-old Seattle woman was one of two women who burglarized Gov. Jay Inslee’s private office in the Legislative Building in Olympia on June 15.

Thurston County Superior Court Judge Gary Tabor said there is probable cause to support accusations that Rachel Kamiya committed second-degree burglary, third-degree theft and third-degree possession of stolen property. However, Tabor allowed Kamiya to be released on her personal recognizance, meaning she was released from custody at the Thurston County Jail without having to post bail.

Kamiya, who has no prior criminal record, was arrested Tuesday afternoon at a coffee shop in Capitol Hill in Seattle where she works.

On Monday night, a Washington State Patrol segreant arrested the other suspect, Emily Huntzicker, 22. The sergeant arrested Huntzicker when he pulled her vehicle over for speeding on Interstate 5 in Chehalis. During the stop, the sergeant noticed a ceremonial WSP campaign hat lying on the floor of Huntzicker’s vehicle that was similar to a WSP hat reported stolen during the burglary of Inslee’s office.

Huntzicker gave a full confession, and helped State Patrol detectives find Kamiya, court papers state. As of Tuesday afternoon, Huntzicker, who is from Beaverton, Oregon, had been released from the Thurston County Jail after posting $2,000 bail.

WSP spokesman Bob Calkins said Tuesday that neither of the suspects realized they had burglarized the governor’s office.

Items reported stolen during the burglary included the WSP hat, a Native American blanket from the Squaxin Island Tribe, a bottle of wine, a Native American mask and a framed photo of Inslee and retired basketball star Earvin “Magic” Johnson.

According to court papers, Kamiya also stole a framed photo of Inslee and former President Bill Clinton. Kamiya recognized Clinton, but “could not recognize the second male in the photograph (Governor Inslee),” court papers state.

Huntzicker has told detectives that she and her friend had been drinking alcohol and were walking on the Capitol Campus about 7 p.m., when they came to an open window on the second floor of the Legislative Building, court papers state. Calkins has said that the suspects had to have boosted one or the other up onto the ledge in order to enter Inslee’s second-floor office.

WSP has clear surveillance footage of the women rummaging around Inslee’s office for about 10 minutes, taking items, court papers state. Calkins has said high-value items were passed up in favor of the seemingly random items that were stolen.

When a trooper visited Kamiya Tuesday at the Capitol Hill coffee shop where she works, Kamiya said “she had intended on returning the items back to the Capitol building and turning herself in to law enforcement,” court papers state.

Both suspects are tentatively scheduled for arraignments in Thurston County Superior Court in Olympia on July 8.

Read more here: http://www.theolympian.com/2014/06/25/3199633/second-suspect-in-break-in-of.html#storylink=cpy

ACLU Report Reveals Increasingly Militarized Police In U.S.

A woman carries a girl from their home as a SWAT team searching for a suspect in the Boston Marathon bombings enters the building in Watertown, Mass., Friday, April 19, 2013. (AP/Charles Krupa)

SWAT teams were designed to capture dangerous criminals, but unnecessary SWAT deployments are putting innocent lives at risk.

By Katie Rucke @katierucke | June 26, 2014, Mint Press News

A new report from the American Civil Liberties Union compares U.S. police officers’ treatment of American citizens to the U.S. military’s treatment of the country’s enemies in 800 different instances.

In its report, “War Comes Home,” the ACLU determined that police departments throughout the U.S. are growing increasingly militarized.

State and local law enforcement agencies are unnecessarily employing military-grade weapons and tactics used in war zones to police American citizens — especially in communities of color — without first obtaining public permission or implementing any sort of oversight program. This is happening even though law enforcement agencies are supposed to use the minimum amount of force necessary and not violate the civil rights of any individual.

From 2011 to 2012, 50 percent of Americans affected by unnecessary SWAT deployments were black or Latino, according to the report, while whites were only affected about 20 percent of the time.

Of all SWAT deployments in that same year, 62 percent were for drug-related searches in which heavily armed SWAT teams, which often included 20 or more officers outfitted with assault rifles and grenades, served search warrants to homes.

Officers would sometimes use dangerous equipment such as flashbang grenades to temporarily blind and deafen residents before searching a home.

SWAT teams often conducted no-knock raids if the homeowner was suspected of possessing a weapon — even a legally-owned firearm. In these no-knock raids, officers broke down doors and smashed windows in order to enter homes. They screamed at the people inside, telling them to get on the floor, while often pointing weapons at the individuals, even when there were children present.

Due to the violent nature of the SWAT teams entrances, many innocent people were seriously hurt or even killed. For example, Tarika Wilson, 26, was holding her 14-month-old son when the SWAT team broke down the front door of her home and began shooting. Wilson’s son was shot, but survived, and she was fatally wounded in the officers’ search for her boyfriend, a suspected drug dealer.

Other victims who were not suspects included Eurie Stampe, 68, who was shot and killed while watching a baseball in his pajamas when a SWAT team entered his home, and 19-month-old Bounkham Phonesavanh, who was put into a medically induced coma after a flash grenade was thrown into his crib, piercing his cheek and chest and scarring his body with third-degree burns.

Although SWAT teams were designed to apprehend school shooters, hostage takers and escaped felons, 8 in 10 SWAT raids were initiated solely for the purpose of serving a search warrant. Only about 7 percent of the SWAT raids were “for hostage, barricade, or active shooter scenarios.”

As the ACLU reported, “Law enforcement agencies have become equipped to carry out these SWAT missions in part by federal programs such as the Department of Defense’s 1033 Program, the Department of Homeland Security’s grants to local law enforcement agencies, and the Department of Justice’s Edward Byrne Memorial Justice Assistance Grant (JAG) Program.”

In 36 percent of the SWAT raids, no contraband was found, but the ACLU noted that this figure may be closer to 65 percent, since there are incomplete police reports for a number of raids that produced nothing.

While the ACLU’s report is full of startling data proving the existence of an increasingly militarized law enforcement community throughout the U.S., the advocacy group ultimately concluded that the report was incomplete because “[d]ata collecting and reporting in the context of SWAT was at best sporadic and at worst virtually nonexistent.”