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Strong Arm for Natural Resources

Author: Tanis Fiss 2003/02/13
Recent allegations of native bands demanding money from private contractors working on Crown land, particularly within the oil and gas sector in northern Alberta, may soon escalate if action is not taken.

Several oil and gas contractors have come forward alleging native bands are demanding the companies give band members jobs on Crown land, and demand 10 to 15 percent of the pay from any non-native who works for the firm. In addition, the contractors allege that if they do not comply, the bands threaten to build a roadblock to halt the drilling. Can you say extortion

A British Columbia Court of Appeal decision has been cited in the media as grounds for the native demands. The BC Court of Appeal ruled 2-1, in what has become known as the Haida decision, that third parties or industry must consult with native bands regarding activities that take place on land "claimed" by the native band. However, this decision was not unanimous; in fact some of the judges' reasons conflicted with one another. Consequently Weyerhauser, the plaintiff in the case, is appealing the decision to the Supreme Court of Canada.

The Haida decision arose due to unique circumstances in British Columbia. There are only two signed treaties in BC; Treaty 8 signed in 1899 and the Nisga'a Treaty signed in 1999. As a result, the majority of native bands in BC have not surrendered or extinguished their claim to the land. This has lead to the creation of more than 50 unsettled land claims comprising over 110% of British Columbia.

Alberta is not BC. Alberta has signed treaties, in which the Indians surrendered the land to the Crown. In other words, the Indians have forfeited any claims.

The natural resources of a province belong to all citizens of a province and all citizens of a province - native and non-native - benefit from the revenue generated from the development of natural resources. This is because hospitals, schools and roads for example, are financed in part through tax dollars and revenue generated from natural resources. The act of handing over a percentage of this revenue to native bands has the affect of reducing the amount of general revenue that can be used to benefit other citizens of the province. Furthermore, the jobs that are created in the natural resource sector have direct and indirect benefits for the region.

In Alberta, Premier Klein has publicly criticized the alleged actions of northern Alberta native bands accused of extorting money and jobs from contractors. However, Premier Klein has yet to request action by the RCMP as he fears sparking another Oka crisis.

No one has a right to intimidate, extort or bully another. When allegations as severe as the ones listed above are made, citizens rightly assume the authorities will investigate and take appropriate action. Unfortunately, when allegations of roadblocks involve Aboriginal people, governments and the RCMP are slow to intervene. This lack of response from authorities merely exacerbates the intimidation and bullying.

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