Transcription
Ac10-aClip04
First of all we're dealing with two things. One is the general land claim based
on Aboriginal Title which, in fact, the highest court in the land came to a
split decision, you know, they didn't go one way or the other, three were for,
three were against, the judges- seven judges sat on this Supreme Court and one
of them voted against it on a technicality that didn't go anywhere near the
existence or non-existence of Aboriginal rights. But Aboriginal rights in short
is that Indian people owned this country before the white people came and the
colonial powers that became existent in this country were given explicit
directions of how they were to deal with Indians and their lands and they had to
pay in cash or in kind when taking over Indian lands and this they did in the
prairie provinces where they had treaties, but in British Columbia and a number
of other provinces, there are no treaties, no agreements. So as far as the legal
situation is concerned the issue has not been settled and this is what we're
talking about is the unsurrendered title of Indian people to the province we now
know as British Columbia, that's what we're dealing with. In setting up of the
reserves, they set up a legal area that was defined for the use of Indian
people. This is all the Indian people got. And then they set up a commission
forced by the provincial government of the time that Indian people probably
weren't using the land in the way that the provincial government thought they
should be and the commission had very clear terms of reference that the they
wouldn't take any land away from Indian people unless they had their
participation, but the provincial government forced the federal government or
prodded them on to going into taking this land without the participation or
knowledge of Indian people and this is the issue. The indian people in these 22
bands want that 36,000 acres returned to them and if we succeed in doing that
then we're dealing the larger issue of the general land claim. And that is the
disctintion between the two I hope I've clarified.