From gars@speakeasy.org Wed Jan 16 21:45:31 2002 Date: 16 Jan 2002 02:09:41 -0000 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews10.003 WOTANGING IKCHE -- Lakota -- Common News Kanoheda Aniyvwiya -- Cherokee -- Journal of the People Otapi'sin Atsinikiisinaakssin -- Blackfeet -- News for All the People Es'te Opunvk'vmucvse -- Creek -- People's New News Aunchemokauhettittea -- Naragansett -- Let Us Share News Ni-mah-mi-kwa-zoo-min -- Ojibwe -- We Are Talking About Ourselves Ha-Sah-Sliltha -- Ditidaht Nation -- News of the People Un Chota -- Susquehannic Seneca -- The People Speak Ximopanolti tehuatzin, inin Mexika tlahtolli -- Nahuatl -- For you we offer these words It-hah-pe-hah Ah-num pah-le -- Chickasaw -- Together We Are Talking Sho-da-ku-ye -- Teehahnahmah -- Talking Birchbark Native American News -- Language of the Occupation Forces Wotanging Ikche and Native American News Copyright c. 1996-2002 nanews.org ==>If you want your Nation represented in the banner of this newsletter<== email gars@nanews.org with the equivalent of "News of the People" in your tribal language along with the english translation O +-----------------------------+ O o O | Much more happens in Indian | O o O VOLUME 10, ISSUE 003 | Country than is reported in | O o o o o O | this weekly newsletter. For | O o O January 19, 2002 | For daily updates & events | O o O | go http://www.owlstar.com/ | O | dailyheadlines.htm | Oneida snow moon - resting moon +-----------------------------+ Blackfeet aisstoyiimsstaa/cold weather moon <================<<<< >>>>================> This issue contains articles from www.pechanga.net; www.owlstar.com; www.indianz.com; Minn-Ind, Rez Life & Innu-L Mailing Lists; UUCP email IMPORTANT!! ----------- In accordance with Title 17 U.S.C. section 107, all material appearing in this newsletter is distributed without profit to those who have expressed a prior interest in receiving this information for educational purposes. <================<<<< >>>>================> This newsletter is a way of keeping the brothers and sisters who share our Spirit informed about current events within the lives of those who walk the Red Road. ++ It may be subscribed to via email by sending a request from your own internet addressable account to gars@speakeasy.org ++ It is archived at http://www.nanews.org <================<<<< >>>>================> As historian Patricia Nelson Limerick summarized in The Legacy of Conquest: The Unbroken Past of the American West, "Set the blood quantum at one-quarter, hold to it as a rigid definition of Indians, let intermarriage proceed as it had for centuries, and eventually Indians will be defined out of existence. When that happens, the federal government will be freed of its persistent 'Indian problem.'" "The Great Spirit is in all things; he is in the air we breathe. The Great Spirit is our Father, but the earth is our mother. She nourishes us; that which we put into the ground she returns to us." __ Big Thunder, Wabanaki Algonquin +- -- -- -- -- -- -- -- -- -- -- -+ | Indian Pledge of Allegiance | The Indian Pledge of Alleg- | | iance was first presented | I pledge allegiance to my Tribe,| on 2 December '93 during the | to the democratic principles | opening address of the Nat- | of the Republic | ional Congress of American | and to the individual freedoms | Indian Tribal-States Relat- | borrowed from the Iroquois and | ions Panel in Reno, NV. NCAI | Choctaw Confederacies, | plans distribution of the | as incorporated in the United | Indian Pledge to all Indian | States Constitution, | Nations. | so that my forefathers | | shall not have died in vain | Walk in Beauty! Night Owl +- -- -- -- -- -- -- -- -- -- -- -+ +- -- -- -- -- -- -- -- -- -- -- -- -- -+ | Journey | In the summer and early fall | The Bloodline | of 1998 the Treaty Unity Riders | | rode a thousand miles on horse- | For all that live and live by law | back, carrying a staff and | We Stand, we Call, We Ride | praying each step of the way. | For All that fear and fear by sight | | We Hear, we Listen, we Ride | These prayers were offered for | For all that pray and pray by strength| each of us, and that the Unity | We Feel, we Move, we Ride | of all Peoples might happen. | For all that die and die by greed | | We Hurt, we Cry, we Ride | Tatanka Cante forwarded this | For all that birth and birth by right | poem on behalf of all the Unity | We Smile, we Hold, we Ride | Riders that we might stop and | For all that need and need by heart | ask if the next words we say, the | We Came, we Went, we Rode. | next act we make is for the good | | of the People or is it from ego | Treaty Unity Riders | for self. +- -- -- -- -- -- -- -- -- -- -- -- -- -+ O'siyo Brothers and Sisters! BIA Assistant Secretary Neal McCaleb continues to tour Indian Country as the Department of Interior's "point man" in a belated attempt to secure support for DoI Secretary Norton's reorganization plan. He's not being received well by tribal leaders. The proposed reorganization would further obscure responsibilities between the U.S. government and Indian Nations, creating a sub-cabinet level department, the Bureau of Indian Trust Assets Management (BITAM) handling trust responsibilities under the management of Ross Swimmer, and continuing a downsized BIA covering housing, medical, educational and other management issues under McCaleb. The most frequently heard objection is the process by which the plan was devised in the first place -- without even the pretense of consultation with any tribal leadership. Other objections include the possibility for even more obfuscation of nation-to-nation responsibility, and an apparent last-ditch ploy to "start over" after months of non- compliance to a court order to find records, account for funds paid in the past, and establish a credible accounting for funds collection and disbursement in the future. Tribal leader after tribal leader has denounced the plan, the attempted effort to railroad it through a review process that is smoke and mirrors, at best. Many are holding their breath knowing Norton, McCaleb and company are hoping to flush out even one "around the fort" tribal leader who will endorse the plan so they can proclaim they have support for it. If that happens, the Indian Nations will have their Judas. Already press editorials are following the BIA line, blaming Judge Royce Lamberth for the total shutdown of Interior computers and Internet connections - a shutdown that has created life-threatening problems among tribal peoples as they spend months without even the reduced-by-fraud-and- incompetence checks they count on for sustenance. The truth is, Judge Lamberth never ordered ALL Internet ties to be cut. That decision was made by the Department of Interior, and the responsibility for Interior's failure to fulfill their responsibilities to Indian Country rests on their watch, as it has for far too many years. -=-=- Date: Mon, 7 Jan 2002 18:40:45 EST From: NaAmerican2002@aol.com Subj: art contest >To: gars@nanews.org There is an art contest in conjunction with the winter games in Salt Lake City. It is for school age children. For more information contact: Mario Platero mplatero.nradm@state.ut.us or call (801) 538-7369 Thanks! Chester Native American 2002 Foundation Dohiyi Ani Oginalii , , Gary Night Owl gars@nanews.org (*,*) P. O. Box 672168 gars@speakeasy.org (`-') Marietta, GA 30006, U.S.A. gars@olagrande.net ===w=w=== gars@sdf.lonestar.org ----------- News of the people featured in this issue ---------- - Crossings - Montana Court Upholds - Tribes move toward Compromise chase onto Blackfeet Land - Tribal Leaders meet to - Accused Mountie Killers discuss BIA Reorganization appear in Court - Tribal Leaders angered by Plan - Shooting of Seminole - Navajos to Norton: Pay us Now Tribal Counsel was Planned - Reversal of Tribe's Status Blasted - Seminoles' Lawyer recovering - Opinion From The Journal: from Gunshot Wounds A Mouse has Roared - Charlie Smoke detained/ - Coeur d'Alene Tribe U. S. refuses Deportation suspends Executive - Mescalero Tribe Official's - Inuit oppose Son Charged Non-native Hunting Rights - School Age Children - Ontario's First being Arrested Aboriginal Lieutenant-governor - Native Prisoner - Rocco Galati on -- Prison's Racial Disparity Canada's Globalization - John Rustywire: Headed Home - Plot Thickens in - Poem: The Gift of Morning Oklahoma Water Sale Issue - Verse: Hawaiian Book of Days - Texaco's Dine' Land Violations - Native America Calling cost $295K - Upcoming Events --------- "RE: Crossings" --------- Date: Sat, 12 Jan 2002 18:10:47 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CROSSINGS" January 9, 2002 Doris Ghost Bear Fleming KYLE - Doris Ghost Bear Fleming, 48, Kyle, died Sunday, Jan. 6, 2002, in Rapid City. Survivors include her husband, Kyle Fleming, Hot Springs; five sons, Richard Hollow Horn and Corey Hollow Horn, both of Gallup, N.M., Michael Hollow Horn and Bruce Hollow Horn, both of Wounded Knee, and Jared Fleming, Hot Springs; one daughter, Amber Fleming, Hot Springs; three brothers, Donroy Ghost Bear, Martin, George Ghost Bear, Batesland, and Guy Dull Knife Jr., Potato Creek; three sisters, Virginia Ghost Bear, Martin, Barbara Dull Knife, Oglala, and Delmarie Dull Knife, Denver; and three grandchildren. Two-night wake begins at 1 p.m. Thursday, Jan. 10, at Our Lady of Sorrows in Kyle. Services will be at 10 a.m. Saturday, Jan. 12, at Our Lady of Sorrows, with the Rev. Cordelia Red Owl and the Rev. Darrell New officiating. Burial will be at St. Barnabas Episcopal Cemetery in Kyle. Sioux Funeral Home of Pine Ridge is in charge of arrangements. Angel Rose Cortier POTATO CREEK - Angel Rose Cortier, infant daughter of Charlene Wounded Head, Potato Creek, and Charles Cortier, Allen, died Saturday, Jan. 5, 2002, in Pine Ridge. Survivors include her parents; one brother, Asa Wounded Head, Potato Creek; her paternal grandmother, Minerva Bear Killer, Allen; and her maternal grandparents, David and Anita Wounded Head, Potato Creek. Graveside services will be at 10 a.m. Saturday, Jan. 12, at St. Timothy's Episcopal Cemetery in Potato Creek, with the Rev. Cordelia Red Owl and Orville Reddest officiating. Sioux Funeral Home of Pine Ridge is in charge of arrangements. January 10, 2002 Agnes Black Elk MANDERSON - Agnes Black Elk, 74, Manderson, died Sunday, Jan. 6, 2002, in Manderson. Survivors include two daughters, Emmaline Black Elk and Charlotte Black Elk, both of Manderson; one brother, Raymond Hollow Horn, Rapid City; 10 grandchildren; and six great-grandchildren. Mass of Christian Burial will be at 11 a.m. Monday, Jan. 14, at St. Agnes Catholic Hall in Manderson, with the Rev. Jim Ryan officiating. Burial will be at St. Agnes Catholic Cemetery in Manderson. Sioux Funeral Home of Pine Ridge is in charge of arrangements. January 11, 2002 Armine White Mountain MCLAUGHLIN - Armine White Mountain, 63, McLaughlin, died Thursday, Jan. 10, 2002, at Mobridge Regional Hospital. Survivors include her husband, Anthony White Mountain Sr., McLaughlin; seven sons, Anthony White Mountain Jr. and Lonnie White Mountain, both of Chadron, Neb., Micheal White Mountain, Rapid City, Steve White Mountain, Sioux Falls, Kevin White Mountain, Laverne, Minn., Ronnie White Mountain, Bismarck, N.D., and LeRoy White Mountain, Olympia, Wash.; two daughters, Theresa White Mountain, Laverne, and Debbie White Mountain, Chadron; 24 grandchildren; five great-grandchildren; five brothers, Eugene War Bonnet, Rapid City, Mathew War Bonnet, Everett, Wash., Art War Bonnet, Flandreau, and James War Bonnet and Joe War Bonnet, both of Mission; and five sisters, Beverly Prue and Amelia Shaw, both of Rapid City, and Judy Niesse, Janet Sierra and Venus Sierra, all of Mission. A prayer service will be at 7 p.m. today at Kesling Funeral Home in Mobridge. A one-night wake will begin at 3 p.m. Sunday, Jan. 13, at St. Thomas Catholic Church Hall in Mission. Mass of Christian Burial will be at 2 p.m. Monday, Jan. 14, at the church, with the Rev. Ed Witt officiating. Burial will be at Catholic Cemetery in Mission. Lorraine M. Shaw ALLEN - Lorraine M. Shaw, 62, Allen, died Tuesday, Jan. 8, 2002, in Wanblee. Survivors include her husband, Clayton Shaw Sr., Denver; three sons, Alvin Milk, Hisle, Melvin Milk Jr., Fairbanks, Alaska, and Louis Shaw, Wanblee; four daughters, Caroline Richards, Allen, and Winnie Randall, Zoey Shaw and Candra Shaw, all of Denver; 21 grandchildren; and one great- grandchild. A two-night wake will begin at 1 p.m. Saturday, Jan. 12, at the Wanblee CAP office. The second night begins at 2 p.m. Sunday, Jan. 13, at Inestimable Gift Episcopal Church in Allen. Services will be at 2 p.m. Monday, Jan. 14, at the church, with the Rev. Daniel Makes Good officiating. Burial will be at Inestimable Gift Episcopal Cemetery in Allen. Sioux Funeral Home of Pine Ridge is in charge of arrangements. January 12, 2002 Leonard E. `Buck' High Wolf PINE RIDGE - Leonard E. "Buck" High Wolf, Iyan Luta, 71, Pine Ridge, died Thursday, Jan. 10, 2002, in Martin. Survivors include one sister, Geraldine Janis, Pine Ridge, and two brothers, Raymond High Wolf, Topeka, Kan., and Charles High Wolf, Los Angeles. One-night wake begins at 3 p.m. today at Billy Mills Hall in Pine Ridge. Traditional ceremonies will be at 2 p.m. Sunday, Jan. 13, at Billy Mills Hall, with the Rev. Ben Tyon and Floyd Hand officiating. Burial will be at Holy Cross Episcopal Cemetery in Pine Ridge. Sioux Funeral Home of Pine Ridge is in charge of arrangements. Oglegla Wakan Hoof WOUNDED KNEE - Oglegla Wakan Hoof, infant son of Aaron Hoof, Rapid City, and Angel Winters, Pine Ridge, died Tuesday, Jan. 8, 2002, in Rapid City. Survivors include his parents; and two brothers, Jerome Bad Bear and Halin Hoof, both of Pine Ridge. Graveside services will be at 10 a.m. today at Fast Horse Creek Cemetery in Wounded Knee, with the Rev. Cecelia Spotted Bear officiating. Sioux Funeral Home of Pine Ridge is in charge of arrangements. Lester Ira Young Dog KYLE - Lester Ira Young Dog, 60, Kyle, died Thursday, Jan. 10, 2002, in Kyle. Survivors include three sons, Robert Young Dog Sr., Oglala, and Carlin Red Blanket and Ricky Red Blanket, both of Wanblee; one daughter, Dora Young Dog, Kyle; two sisters, Nancy Rouillard, Boulder, Colo., and Virginia Irving, Denver; four brothers, Verdell Young Dog, Aurora, Colo., Seymour Young Dog, Idaho Falls, Idaho, Marvin Young Dog, Phoenix, and Myron Young Dog, Garryowen, Mont.; and four grandchildren. Two-night wake begins at 2 p.m. today at St. Barnabas Episcopal Church in Kyle. Services will be at 10 a.m. Monday, Jan. 14, at the church, with the Rev. Cordelia Red Owl officiating. Burial will be at Trinity Episcopal Cemetery in Yellow Bear Camp. Sioux Funeral Home of Pine Ridge is in charge of arrangements. January 15, 2002 Rapid Leonard Moses Fiddler GREEN GRASS - Leonard Moses Fiddler, 66, Green Grass and formerly of White Horse Community, Cheyenne River, died Monday, Dec. 31, 2001. Survivors include his wife, Marie Elk Head Fiddler, Green Grass. A wake will begin at 7 p.m. Thursday, Jan. 17, at Eagle Butte Cultural Center. Services will be Friday, Jan. 18. Burial will be at Green Grass Community Cemetery. Luce Funeral Home of Gettysburg is in charge of arrangements. Raphael Bartholomew Long PINE RIDGE - Raphael Bartholomew Long, 34, died Jan. 12, 2002, at Pine Ridge Hospital. Survivors include his mother, Cynthia Catches, from Mission Flats, and his father, Bartholomew Long; one sister, Shannon Long Two Bulls; and two brothers, Xavier Long and Adrian Long; and his best friend and adopted brother, James White Face. Funeral services are pending with Sioux Funeral Home in Pine Ridge. Copyright c. 2002 The Rapid City Journal. -=-=-=- January 10, 2002 Paul Begay GALLUP - Services for Paul Begay, 71, will be held at 10 a.m., Friday, Jan. 11 at Rollie Mortuary-Palm Chapel. Rev. Samuel Walker will officiate. Burial will follow on private family cemetery, Jones Ranch. Begay died Jan. 6 in Gallup. He was born April 10, 1930 in Jones Ranch into the Red Running into the Water People Clan for the Black Streak People Clan. Survivors include his sons, Henry R. Begay Sr. of Albuquerque, Jimmie R. Begay Sr. of Pine Hill, Paul C. Begay Sr. of Farmington, Tommy Begay of Fort Wingate, Dennison Begay and Paul W. Begay both of Jones Ranch; daughters, Leilitta Begay of Mentmore and Linda Ben Donworth of Tucumcarri; brother, Frankie J. Begay of Jones Ranch; sisters, Mary Ann Begay of Gallup and Julia Francisco of Cedar Point, Ariz.; 41 grandchildren and 35 great-grandchildren. Begay was preceded in death by his wife, Mary C. Begay; parents, Julian and Sophie Begay; sons, James Paul Begay; brothers, Tony Begay and Willie Begay; sisters, Mary Etta Begay and Nellie Dennison. Pallbearers will be Alex Begay, Anthony R. Begay, Harvier Begay, Henry B. Begay Jr., Jonathan Begay and Paul C. Begay Jr. Rollie Mortuary is in charge of arrangements. Michael Nofchissey MORENCI, Ariz. - Services for Michael Nofchissey, 56, will be held at 1 p.m., Saturday, Jan. 12 at the Church of Jesus Christ of Latter Day Saints, St. Michaels, Ariz. Nofchissey died Dec. 28. He was born May 3, 1945 in Morenci into the Bitter Water for the Tower People Clan. Nofchissey was a military veteran who served in Korea, Vietnam and Germany. He received his Bachelor of Arts from The New School, New York City, NY and made the dean's list and was working on double Masters Degree in fiction and non-fiction creative writing. Survivors include his sons, Justin and Mika Nofchissey; mother, Ethel Woloshen; brothers, Harold, Bobby, Larry and Dennis Nofchissey; sisters, Alberta Mason, Arlene Williams, Christine McHorse and Clara Casteneda and many grandchildren. January 12-13, 2002 Calvin Y. White CHILCHINBETO, Ariz.- Services for Calvin White, 38, will be held at 10 a.m., Tuesday, Jan. 15 in Chilchinbeto. Burial will follow in Chilchinbeto. White died Jan. 8 in Gallup. He was born Dec. 22, 1963 in Chilchinbeto into the Near the Water People Clan. Survivors include his son, Vernen Nez; daughter, Tasha Nez; mother, Sally White; brothers, Johnny White Sr., Loyd White Sr. and Bernard Honie; sisters, Lillie Lee, Vickie Ann DeForest, Alice Albert and Lena Austin. Pallbearers will be Gerold Nez, Lloyd White Jr.,Bernard Honie, Johnny White Jr., Michael DeForest and Eric White. Tse Bonito Mortuary is in charge of arrangements. Nora Blackgoat OLD COAL MINE- Services for Nora Blackgoat, 66, will announced at a later date. Blackgoat died Jan. 10 in Gallup. She was born April 2, 1936 of Old Coal Mine. Cope Memorial Chapel is in charge of arrangements. Copyright c. 2002 The Gallup Independent. -=-=-=- January 8, 2002 Paul Edward Tso Sr. Navajo Code Talker Funeral services for Paul Edward Tso Sr., 83, who died Jan. 5, 2002, will be held at 10 a.m. Jan. 9, 2002, at the Church of Jesus Christ of Latter-day Saints in Chinle, Ariz. He will be laid to rest in the family burial grounds at Salt Water Canyon, Ariz. Paul Edward Tso Sr. was born June 20, 1918, in Fort Defiance, Ariz. He was Nashgalii Dine (Mescalero Apache) and born for Todachinii (Bitter Water). He served his country as a Navajo Code Talker with the United States Marine Corps. He was a self-made businessman for the Chinle community, a judge with the Judicial Branch of the Navajo Nation serving the Chinle court, and a rancher. He is survived by his wife, Theresa Tso of Chinle; sons, Eddie Tso of St. Michaels, Ariz., Jasper Tso and Paul E. Tso III, both of Chinle, Orvel Tso of Durango, Colo., Paul Tso Jr. and Harold Z. Tso, both of Ganado, Ariz., stepsons, Arthur Bahe of Many Farms, Ariz., and Eugene Bahe of Cottonwood, Ariz.; daughters, Mary Ann Benally of Shiprock, Harriett Mike of Kirtland, Evangeline Tso of Kayenta, Ariz., Rae Annette Platero of Farmington, Zoncho Tso of Chinle, and stepdaughter, Imogene Burbank of Many Farms; brothers, Donald Tso of Many Farms and Zhealy Tso Jr. of Chinle; sisters, Helen Begay and Lorraine Hardy, both of Chinle, and Virginia Begay of Many Farms; 47 grandchildren and 65 great-grandchildren. He was preceded in death by his father, Zhealy H. Tso, and mother, Zoncho Tso; brother, Howard Tso; sisters, Mary Sells and Martha Draper; daughter, Christine K. Tso; son, Wayne Henry Tso; and grandson, Jeffery Tso. The family will receive relatives and friends at 6 p.m. today, Tuesday, at Chinle Christian Center next to A & W. A reception will follow the service at Chinle Catholic Hall. Donations may be made to Tse Bonito Mortuary. Arrangements are with Tse Bonito Mortuary, (505) 371-5565. January 10, 2002 Willie B. Begay Sr. Our beloved Willie B. Begay Sr., 75, of Shiprock went home to be with his Heavenly Father Jan. 4, 2002. He was born June 4, 1927, in Shiprock to Jim and Bah Begay. Willie is survived by two sons, Willie Begay Jr. and Lester Begay; three daughters, Marilyn Peshlakai, Hilda Yazzie and Linda Peshlakai, all of Shiprock; two brothers, Raymond Begay of Shiprock and Chester Begay Sr. of Newcomb; four half-brothers, Jack and Ray Begay of Shiprock, Jimmy Begay of San Diego, Calif., and Clyde Begay of Farmington; three sisters, Lula Benally of Lower Fruitland and Helen Begay of Shiprock; half-sister, Clara Begay of Shiprock; and 14 grandchildren. He was preceded in death by his parents and a sister, Myra Begay. Funeral services will be at 10 a.m. this morning, Thursday, at Brewer, Lee and Larkin Chapel in Shiprock. The Rev. Eric Lee will officiate. Interment will follow at Shiprock Community Cemetery. Pallbearers will be Curtis Peshlakai, Harold Peshlakai, Hyrum Peshlakai, Harley Peshlakai, Gene Trujillo and Roland Yazzie. Honorary pallbearers will be Willie Begay Jr. and Lester Begay. Funeral arrangements are with Brewer, Lee and Larkin Funeral Home in Shiprock, (505) 368-4607. January 11, 2002 Juan Begay Juan Begay, 89, of Nenahnezad died Tuesday, Jan. 8, 2002, at Chinle Hospital after a lengthy illness. He is survived by his children, Anna Burton, Lucy Jean Benally, Virginia McCabe, James Begay and David Mays. He is also survived by his brothers, Frank Nez and Cous Nez Benally; and sisters, Alice Yazzie and Emma Yazzie. Juan had 57 grandchildren and 12 great-grandchildren. He was preceded in death by his parents, Frank Hosteen Nez and Ruth Nez, and the person who raised him, Juan Big Wife. He was also preceded in death by his children, John Begay, Teddy Begay, Johnny Henry Begay, Mable Gould, Judy Peshlakai and Joelene Werito; and his brothers and sisters, Jimmie Nez, Hosteen Benally, Phielden Nez, Francis Dale, Lewis Nez, Sara Shield, Ida Pinto, Esther Pinto, Elsie Yazzie and Elizabeth Bitsuie. Visitation will be from 10 a.m. until 5 p.m. today, Friday, Jan. 11, 2002, at Chapel of Memories Funeral Home, 458 County Road 6100 in Kirtland. Services will start at 10 a.m. on Saturday, Jan. 12, 2002, also at Chapel of Memories Funeral Home, with Bishop Jerry Wheeler officiating. Burial will follow at the family cemetery in Fruitland. Pallbearers will be Xenophon Harry, Reynaldo Harry, Bobby Harry, Cordell Halona, Garold Benally and Christopher Largo. Funeral arrangements are with Chapel of Memories Funeral Home in Kirtland, (505) 598-9636. January 13, 2002 Leonard N. Begaye Jr. Leonard N. Begaye Jr., 56, died at 6 p.m. Thursday, Dec. 27, 2001, in Crownpoint, of a heart attack. He was born March 19, 1945, to Tabahe and Mrytle in Ganado, Ariz. At the time of his death, Leonard was employed with Crownpoint Institute of Technology in Crownpoint as an ABE/GED Director. Leonard was married to Ella Raphael Begay, who works at the Crownpoint Dental Clinic. They lived in Crownpoint, and enjoyed traveling together to many faraway places. He sponsored and attended pow-wows, and was known worldwide as an educator who cared for everybody. Leonard had many professional affiliations. He was secretary/treasurer for the Family Harmony Domestic Violence Prevention Program in Crownpoint; public relations person for the Eastern Navajo Fair Board in Crownpoint; board member for the GEAR UP Program in New Mexico; worked with the GEM Program in New Mexico; was past president of New Mexico Adult Education in New Mexico; president of the Board of Education, Central Consolidated School District No. 22 in Shiprock; regional vice president, National Hispanic Caucus, National School Board Association in Washington, D.C.; New Mexico delegate, National School Board Association, Washington, D.C. He was a member of NSBA National Nominating Committee, National School Board Association, New Mexico School Boards Association, National Indian Education Association, Advisory Committee for AmeriCorps Tribal Program, School Improvement Team for Newcomb schools, Bureau Effective School Team in Washington, D.C., Alumni Association, University of Arizona. His hobbies included traveling with his wife throughout the country, cooking, camping, fishing, reading and photography. He was in the process of setting up a photo studio. He was also interested in music, singing, attending and sponsoring pow-wows, and had plans to put together his favorite church songs on CDs for others to learn to sing. He attended Chinle Boarding School, Henderson School in Barstow, Calif., and graduated from Chinle High School. He attended and graduated from the University of Colorado, the University of New Mexico, Navajo Community College and the University of Arizona. He was currently attending Western New Mexico University working toward his master's degree. Prior to his work with Crownpoint Institute of Technology, he was project director for the Title IV-A Bicultural Program with the Chinle Unified School District in Arizona; audio-visual/curriculum development specialist and instructor of Navajo Language and contemporary Indian affairs classes at Navajo Community College in Tsaile, Ariz.; a police officer with the Chinle Police Department in Chinle; and utility mechanic for the Bureau of Indian Affairs Facility Management in Chinle. In addition to his wife, survivors include his children, Dezbah Hatahli Klose of Scottsdale, Ariz., Nicole Biz Na Bah Chitwood of Phoenix, Ariz., Wovoka Leonard Begaye of Chandler, Ariz., Gene David Chitwood of Leupp, Ariz., Marietta Oliver of Tempe, Ariz., Rochelle Rae Begaye of McCloud, Okla., Cyrillia E. Chitwood of Crownpoint and Deanna Renee Begay of Scottsdale; grandchildren, Candace McCabe, Kendrix Begaye, Frances Pote Oliver, Tashena Chitwood and Izayah Tahe Roundtree; and brothers and sisters, Leo Begay, Chester Begay, Martin Begaye, Luther Begay, Mary Mitchell, Gerri Begay and Sharon Begay. Georgianne Tauglechee Georgianne Tauglechee, 53, of Shiprock died Thursday, Jan. 10, 2002. Funeral services will start at 9 a.m. on Monday, Jan. 14, 2002, at Bethel Christian Reformed Church of Shiprock, with the Rev. Fred Yazzie officiating. Burial will follow at the family cemetery at Oak Springs, Ariz. Funeral arrangements are with Chapel of Memories Funeral Home in Kirtland, (505) 598-9636. Copyright c. 1999-2001 MediaNews Group, Inc./Farmington Daily Times. --------- "RE: Tribes move toward Compromise" --------- Date: Wed, 9 Jan 2002 09:23:18 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BIA OKLAHOMA MEETING" http://www.owlstar.com/dailyheadlines.htm http://www.news-star.com/stories/010402/new_7.shtml Tribes move toward compromise By MICHAEL DODSON SNS Staff Writer An Oklahoma City hearing on the U.S. Interior Department plan to break apart the Bureau of Indian Affairs began Thursday with a continuation of the tribal opposition that marked earlier hearings in Albuquerque, N.M., and Bloomington, Minn. However, as a lunch break neared, Charles Tillman, Osage Nation chief, put the consultation process on a path toward possible compromise. Tillman asked Neal McCaleb, current BIA Director and former director of the Oklahoma Department of Transportation, about a 24-person task force that would consult with DOI on the proposal to set up a Bureau of Indian Trust Asset Management. "Is this task force being taken seriously, and what authority will it have?" Tillman asked. "Yes, it is being taken seriously," McCaleb responded. "It absolutely is the only way that we can arrive at any kind of accommodation, any kind of a plan." McCaleb, a Chickasaw, admitted that reaching consensus will be difficult. He said the task force will have "whatever authority it can seize by providing leadership." Tribal leaders have clearly demonstrated in these three meetings that they want to take possession of this process, McCaleb said. "I know (task force recommendations) will be clearly listened to by myself. I think they will be listened to by the Secretary of the Interior (Gale Norton)," he added. Tillman responded saying that Indians need to be "on the board of the bank," a reference to BIA trust asset management, so they will know that their deposits are safe. "I think that this task force can develop some kind of a board in doing that, in knowing what the Bureau's doing, from here on out," Tillman said. Merle Boyd, second chief of the Sac and Fox Nation, told McCaleb that the DOI commitment of $500,000 for the task force needs to be tripled if the panel is to be effective. "Neal, I'll tell you right now, that's not enough," Boyd said. "You're going to have a task force of 24 people. But, we're also going to have technical people...to help us develop a good process and do it legally." Estimating the cost of an effective process, Boyd said, "I think a million dollars to a million-and-a-half might do it. I hope we can do it." Boyd said the task force should spend less than a year on the project. He recommended "three- and four-day meetings, at least once a month, if not twice a month." He also recommended putting the task force in place before the final BITAM consultation hearing in Washington, D.C., on Feb. 1. Ken Chambers, Seminole Nation chief, said he is hopeful about a positive result from the task force process. "Mr. assistant secretary (McCaleb), we know we're going to have to meet on a level-playing field," he said. "I think that, with the new thought that has been implemented from the tribes, we could have a pretty good task involved." In an interview with the News-Star, McCaleb said he sees the consultation atmosphere changing from confrontation to cooperation. "In the meetings in Minnesota and here, I think there is a mindset developing that we need to roll up our sleeves...and fashion a better solution," he said. "One of the things everybody agrees on is there needs to be a remedy, a better system." McCaleb admitted that tribal leaders don't like the remedy that Norton has recommended. He is moving ahead with the task force process. "I will...appoint two representatives from each (BIA) regional office." he said. Those task force representatives will be chosen in caucuses of tribal leaders in each of the regions. McCaleb said the task force would go nowhere in the quest for a compromise if he selected its members. "That's a kamikaze mission, with not enough fuel to get to the target," was his colorful description. Secretary Norton has signed on to the task force commitment, McCaleb said. "The issue is how to make the composition (of they panel). They've told us, in Minnesota and here, how to make the composition. I think that's enough for us to go ahead," he said. McCaleb said there also is a commitment from DOI to listen seriously to possible changes in the BITAM proposal. "Absolutely, absolutely (there) is, " he said. As in the first two consultation hearings, there was harsh criticism of Norton's proposal and BIA mismanagement of funds in Individual Indian Money and tribal accounts. Leaford Bearskin, chief of the Wyandotte Nation in northeast Oklahoma, said, "I recommend that we re-organize the whole BIA, not just the trust department. I believe that an outside entity should be give the responsibility of the trust funds. There are experts in the business that know what they're doing. I'm sure that they could do a better job." Copyright c. 1997-2001 The Shawnee News-Star. --------- "RE: Tribal Leaders meet to discuss BIA Reorganization" --------- Date: Thu, 10 Jan 2002 08:35:10 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BIA NEBRASKA MEETING" http://www.pechanga.net/ http://www.journalstar.com/nebraska?story_id=5245&past= Tribal leaders meet to discuss BIA reorganization BY JODI RAVE LEE Lincoln Journal Star RAPID CITY, S.D. - Tribal leaders from some of the poorest, though land- rich, tribes in America met Wednesday in preparation for a meeting today with a top Interior Department official regarding a proposed reorganization of the federal Bureau of Indian Affairs. Neil McCaleb, head of the BIA, and tribal representatives will discuss reorganization ideas at today's meeting. The attempt to reorganize and reform the Interior's management of Indian trust funds has been ongoing for decades but past attempts have failed miserably. "If it needs to be reformed, it isn't fixed," said Mark Fox, vice chairman of the InterTribal Monitoring Agency, a national clearinghouse for monitoring government trust fund management. "That's why we're talking about fixing it today," added Fox, who is also a tribal councilman for the Mandan, Hidatsa and Arikara Nation of North Dakota. Today's meeting marks the fourth of seven meetings scheduled since Dec. 13 between Interior officials and tribal leaders - three more may be scheduled to gather more tribal input on reorganization. McCaleb met Wednesday night with top tribal leaders in a closed-door session. Michael Jandreau, chairman of South Dakota's Lower Brule Tribe, said tribal leaders should embrace the opportunity for dialogue. "It's an essential part of laying groundwork for the tribes to preserve that government-to-government relationship with the United States," he said, "and it's an essential ideal to build back into the Bureau of Indian Affairs those capabilities that have been stripped that allow us to have that true trust relationship." Tribal leaders began Wednesday by meeting with each other and with their respective area organizations. One of the top reform ideas to emerge from tribal leaders calls for centralizing trust funds - both tribal and individual - while keeping trust fund management within the BIA. Trust fund management is now spread among a number of Interior and BIA departments. Like many others, Santee Sioux of Nebraska Tribal Chairman Roger Trudell believes in centralizing all trust fund management under one roof, but wants to go one step further. "The bottom line would be to get the bureau out of the Interior Department. Right now, fish get more money than an Indian person gets." Reach Jodi Rave Lee at 473-7240 or jrave@journalstar.com. Copyright c. 2002, Lincoln Journal Star. All rights reserved. --------- "RE: Tribal Leaders angered by Plan" --------- Date: Fri, 11 Jan 2002 08:59:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BIA SD MEETING" http://www.owlstar.com/dailyheadlines.htm http://www.argusleader.com/news/Fridayarticle2.shtml Tribal leaders angered by plan to alter land trusts By PETER HARRIMAN Argus Leader published: 1/11/01 500 gather in S.D. to discuss reforms to BIA management RAPID CITY - The black hole of mismanaged federal Indian trusts that has drawn Department of Interior Secretary Gale Norton into federal litigation and a contempt citation exerted its pull on South Dakota Thursday. About 500 leaders from across the Great Plains gathered here for a day of testimony on Norton's proposal to reform Bureau of Indian Affairs trust management, offering opposition to her plan and counter proposals of their own. The stakes are huge. Some 56 million acres of Indian trust land generates $500 million annually from grazing, agriculture, mining and oil production, logging and right-of-way easements. PREVIOUS COVERAGE + Reconstruction of trust accounts hasn't started + McCaleb cleared for BIA leadership + LOCAL NEWS FRONT The issue is of vital importance to tribes in South Dakota and other Great Plains states, because 46 million acres of trust land and 40 percent of all trust accounts are in the northern plains region administered by the BIA's Aberdeen office. An Arthur Andersen Accounting audit suggests that since 1972, the government cannot account for at least $2.4 billion of trust money. Cutbacks at the Bureau of Indian Affairs in recent years mean there are fewer people to make decisions to maximize trust land income. These facts are driving a federal class action lawsuit filed on behalf of 300,000 Indian trust beneficiaries, Cobell v. Norton. The monumental task of reforming how this land is managed was graphically illustrated here, in the fourth of seven meetings scheduled around the country. In response to the lawsuit, the Department of the Interior wants to shift $300 million of that $500 million annual trust income to a new agency it will create, the Bureau of Indian Trust Asset Management and is using the meetings to gather reaction. BIA Assistant Secretary Neal McCaleb headed the meeting here, and heard the plan roundly rejected, as it had been in prior meetings in Albuquerque, N.M., Minneapolis and Oklahoma City. But a countering proposal for a task force chosen by tribal chairman throughout Indian Country to develop a new reorganization proposal could not even make it out of a Holiday Inn Rushmore Plaza meeting room without generating controversy. Tex Hall, president of the National Congress of American Indians and chairman of the Mandan, Hidatsa and Arikara Nation, said such a task force would offer an Indian solution to trust management concerns. But when Cheyenne River Sioux tribal chairman Gregg Bourland learned task force members' expenses would be paid by the BIA, he declared: "I do not want tribal leaders bought and paid for by the federal government. This is too big an issue." Bourland recalled following a similar contingent of federally funded, Indian appointed reformers around the country in 1990. "We watched them rubberstamp document after document for the federal government. They were the secretary's men; it was the secretary's blood money. I tell you what, I won't be a Judas." Unhappy with done deal Daylong testimony on trust reform centered on several themes: Indians were not involved in developing the reform plan; opposition to Ross Swimmer, BIA director during the Reagan administration who has been named by Norton to head the proposed trust agency; and concerns that the new agency could weaken tribal sovereignty. "There was no true consultation. This is a done deal. Basically you are out here measuring how well we are going to accept it," said Roger Trudell, chairman of Nebraska's Santee Sioux. "I support trust reform and a task force of tribal leaders," said Roxanne Sazue, Crow Creek Sioux chairwoman. "Who else knows our needs and what will work for us in Indian Country?" Tom Ranfranz, Flandreau Santee Sioux tribal chairman, agreed. "Decisions for Indian people should be made by Indian people. Let us do it. We're good people. We know banking, we know business, we know farming. Let us do it." No praise for Swimmer Tribal leader after tribal leader rose to denounce Swimmer as director of a new Indian trust bureau. On his watch at BIA, they said, Navahos lost millions of dollars in coal revenue in an unfair agreement that he negotiated. A Cherokee Nation corporation failed after Swimmer made bad loans to corporation members. Richard Monette chairman of the Turtle Mountain Band of Chippewa, said if the new agency is created, it could drive a wedge between individual trustees and tribal governments when their interests collide, for example when a new tribal road or sewer system crosses a trust allotment. "The way to destroy a people is to separate government from the people. You can use land, property as a political football. This is truly insidious," he said of the proposed agency. "There will be endless disputes, and the only one who is going to get rich is me, because I'm a lawyer." Hall said the idea for a task force chosen by tribal leaders came out of the Albuquerque meeting. "Clearly there has to be a tribally driven solution," he says. Hall proposed two delegates and an alternate be named at each of the consultation meetings. In Rapid City, Monette and Lower Brule Sioux chairman Michael Jadreau were chosen. Trudell was named alternate. The task force also would have eight technical advisors and a representative from the plaintiffs in the Cobell v. Norton suit. Hall estimated the task force could work as long as 18 months before developing a new proposal. To prevent the task force from fracturing, each regional representative must be able to speak and vote for tribes in his region, Hall said. In addition, he said, once the task force comes up with a plan, individual tribes would have to adopt it. "They get two bites at the apple, one through the task force and one by individually adopting it," he said. The Cheyenne River Sioux and Oglala Sioux offered proposals of their own. Cheyenne River's plan is to consolidate all trust management in the BIA and allow tribes input on how they will be managed. Want Cabinet level The Oglalas call for taking all Indian issues from the Department of Interior and creating a new Cabinet level department of Indian Affairs. Trust management reorganization proposals were bolstered by further testimony on the need to straighten the accounts and get more money onto the reservations. Mark Fox, a Mandan, Hidatsa, Arikara council member, put it in human terms. On his reservation, he said, there are families unable to claim the bodies of relatives because they cannot pay funeral expenses. "There are 14 people living in two-bedroom houses," he said. Fox referred to the $2.4 billion of trust revenue missing since 1970. "How many people would have lived better lives during this time?" he asked. Reach Peter Harriman at 575-3615 or pharrima@argusleader.com Copyright c. 2002 Copyright Argus Leader. --------- "RE: Navajos to Norton: Pay us Now" --------- Date: Sat, 12 Jan 2002 18:10:47 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="PAY UP!" http://www.daily-times.com/ Navajos to Norton: pay us now By Jim Snyder/Staff writer Saturday, January 12, 2002 - 1:59:31 AM MST NAGEEZI - The U.S. government has frozen royalty payments to Navajos and other tribes across the country to the tune of more than $40 million. Those lost funds are hitting people where they live. Navajos have two messages for Secretary of Interior Gale Norton: Pay us our past due royalty checks. Our elders face their homes being reposed and are hungry, they said. Our livestock are hungry too, they added. "We're in a stage where we need help," said Calvert Garcia, Nageezi Chapter president. "It's time to address our Congressional leaders. Something has to be done immediately." The second message is for the Bureau of Indian Affairs Internet Web sites and e-mails to be restored. A federal judge ordered them shut down to everyone in the country. More than 300 Navajos met in a town hall meeting here Friday to get those two messages across to Washington. Native Americans were receiving royalty checks from the Interior Department for the commercial use of their land by gas and oil companies. Many elders depend on those checks to pay their rent and to buy food. Listening at the local meeting were Pete Valencia, representing Rep. Tom Udall, D-N.M., and Joseph Trujillio Jr., representing Sen. Pete Domenici, R-N.M. They said they were appalled by the actions of the federal government and the Interior Department. They promised the voice of the Navajo people would be heard back in Washington. "This is an outrage. This should not be happening. This is stupid," Trujillio said. "Gale Norton told me Dec. 13 don't worry about the computer problems. I believed her." Trujillio told the audience "You have the support of the Senate Committee on Indian Affairs." He said the problem with Indian trust funds goes back to 1972 when the Treasury Department shredded records. Also attending were Joe Shirley Jr., of Chinle, Ariz., a former Chinle, Ariz., Council delegate who is now the Apache County Supervisor in Arizona and is running for Navajo Nation president; Shiprock Council Delegate Wallace Charley and Garcia among other speakers. Shirley said "President Bush and Gale Norton have no right cutting our funding. One woman, her modular home is on the verge of being reposed. She has no food. This is an emergency. Their livestock is hungry. They're impoverished. Call the (Capitol) Hill, call President Bush." Noticeably absent was Navajo Nation Kelsey Begaye, who had been notified of the meeting but did not attend or send a representative from Window Rock, Ariz. "The president's office should have been on top of this to maximize everything they can do to minimize the problem," Charley said. "Where's our prez?" U.S. District Judge Royce Lamberth is overseeing the investigation into the mismanagement of Indian trust accounts worth $3 billion. He had ordered court-hired computer hackers to break into the Interior Department's computer systems to see how secure they were. They succeeded with the break in and were able to set up a false account. Because of that, Lamberth ordered the Interior department to shut down its Internet Web sites and e-mail accounts. The Internet was used by the Interior Department to track the royalty payments across the country. "The judge has unplugged the computers. We have to go back to the dark ages," Thompson Platero of Thoreau said to the audience. "Plug that computer back in so the Din people have something to use. I don't want to live in the dark anymore." Audience member Dick Charlie of Nageezi said "You have to eat. I have to eat. Nobody's working in Washington. We have one Indian (referring to Bureau of Indian Affairs director Neal McCaleb) out there. There's too many excuses." Royalty checks have not been paid since November. Jim Snyder: jims@daily-times.com Copyright c. 1999-2001 MediaNews Group, Inc./Farmington Daily Times. --------- "RE: Reversal of Tribe's Status Blasted" --------- Date: Sat, 12 Jan 2002 18:10:47 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DUWAMISH" http://www.owlstar.com/dailyheadlines.htm http://archives.seattletimes.nwsource.com/ Friday, January 11, 2002 Reversal of tribe's status blasted By Stuart Eskenazi Seattle Times staff reporter When former U.S. Interior Department official Michael J. Anderson signed an order a year ago directing the federal government to at long last recognize Seattle's Duwamish Indians as an official tribe, he figured his work was done. But the past 12 months have taught him otherwise. The Department's Bureau of Indian Affairs in September disregarded Anderson's order, saying it was not final, and issued a new ruling against the Duwamish. For the first time yesterday, Anderson spoke out publicly against his former agency, accusing it of violating procedural law and altering documents to make his order appear preliminary. Anderson, a Clinton appointee acting as Interior's assistant secretary for Indian affairs in the administration's final weeks, was clearing out his office on the same day he made the order recognizing the tribe: Jan. 19, 2001. President Bush was inaugurated the following day. "Until the evening of January 19, I was the decision-maker and under the regulations of the Administrative Procedures Act, the assistant secretary has the authority to make a final decision based on the record," Anderson said yesterday from his Washington, D.C., law office. "I made that decision, communicated it to the tribe and signed a memo on it. In my view, that was the final decision." Cecile Hansen thought so, too. For 23 years, the tribe's chairwoman, a great-great-great niece of Chief Seattle, had waded through what she considered an absurd bureaucracy in petitioning for official tribal status, a journey stained by dashed hopes and broken promises. When Anderson called her with the good news, she mistakenly assumed a denouement. Federal recognition would bring federal money for housing, health, education and other services to the tribe's 550-or-so members. It would vault the tribe to the standing of a sovereign government, the importance of which is not to be underestimated. It also would give the Duwamish the option to open a gambling casino, which Hansen says it has no plans to do. For Hansen, recognition also means something less tangible - justice, which she says is long overdue. It pains her that Seattle's indigenous people are treated as if they do not exist. Anderson's order was included within the stack of 11th-hour orders of the Clinton administration that the Bush administration put on hold. As the year stretched into summer without a final word from the bureau, Hansen hoped that the holdup had only to do with the delay in swearing-in Anderson's successor. But she feared that within the bowels of the bureaucracy, the order was being reconsidered. Neal McCaleb, whom Bush appointed to replace Anderson, took office July 4. On Sept. 26, McCaleb ruled the Duwamish did not warrant federal recognition, reducing Hansen to tears. "I also said some very bad words," she said. "My daughter told people, `Don't call Mom. She's really, really mad.' " She still is. Feeling as if enough is enough, Hansen is pressuring politicians who publicly have supported the tribe, demanding that they put action behind their words. The tribe is in the process of contacting U.S. Sens. Patty Murray and Maria Cantwell (a member of the Senate Indian Affairs Committee), U.S. Rep. Jim McDermott, Gov. Gary Locke and Seattle Mayor Greg Nickels. But the Duwamish's most influential ally may be Anderson. "I believe the tribe has an excellent case under the Administrative Procedures Act to get a judgment that my January 19 decision was final," Anderson said yesterday. "In addition, I believe the tribe has a breach of trust case against the Department of Interior for these delays as they are costing the tribe federal funding it should be receiving. With each passing day, the potential damages against the government mount." Dennis Whittlesey, the Duwamish's attorney in Washington D.C., said suing the federal government would be a last resort. The Duwamish did appeal McCaleb's ruling last month. Interior Secretary Gale Norton has two months to decide whether to kick the appeal back to McCaleb. If she does so, McCaleb has four months to rule whether the Anderson claim was, in fact, final. Nedra Darling, spokeswoman for Interior's Bureau of Indian Affairs, was unavailable yesterday to comment. According to Whittlesey, the Bureau of Indian Affairs maintains Anderson signed the document after Jan. 19, but backdated it, which Anderson denies. The Duwamish in 1855 ceded nearly 55,000 acres of land that today includes the city of Seattle. Considered the city's original residents, the Duwamish, nevertheless, are not among the 29 tribes in the state that have been recognized by the federal government. After a court decision granting Indian fishing rights excluded the Duwamish because of its unofficial tribal status, Hansen filed for federal recognition on the Duwamish's behalf in 1978. What she figured would take a couple years has taken nearly a quarter-century. In a 1996 decision, the Bureau of Indian Affairs ruled the Duwamish did not qualify as a tribe. It raised doubts as to whether current tribal members had ancestral ties to the original Duwamish Indians. The Duwamish appealed the 1996 decision and presented genealogical evidence on tribal membership, Whittlesey said. But the additional evidence did not convince Bureau of Indian Affairs staffers who recommended in late 2000 that the Duwamish be denied yet again. But Kevin Gover, Anderson's predecessor as assistant secretary, disagreed with the staff. Gover left office on Jan. 2, 2001, however, leaving the final decision to Anderson, who stepped in to take his place for the last couple weeks of his tenure. Anderson, who already was familiar with the Duwamish petition, reviewed it more thoroughly and ruled in favor of the tribe. Hansen said the only paperwork the Duwamish received from the bureau after Anderson's order was a one-page news release. On Oct. 1, the Duwamish requested the bureau send the tribe all official documents related to the petition in order to prepare an appeal. The documents arrived Dec. 26 - five days before the appeal deadline. Buried within the stack of documents was a copy of Anderson's January 2001 approval statement declaring his decision final. But it was stamped "Draft," something Anderson says is an alteration made after he prepared it. "I frankly think it was misleading, at a minimum, to put 'Draft' on that document," said Anderson, now an attorney with Monteau & Peebles, a firm that almost exclusively represents tribal governments. Whittlesey said the Anderson order also was altered with a typed disclaimer saying it had not been reviewed by legal counsel. Anderson maintains that the department's solicitor general was aware of his decision and made no objections. Stuart Eskenazi can be reached at 206-464-2293 or seskenazi@seattletimes.com. Copyright c. 2002 The Seattle Times Company. --------- "RE: Opinion From The Journal: A Mouse has Roared" --------- Date: Sat, 12 Jan 2002 18:10:47 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CROW CREEK" http://www.owlstar.com/dailyheadlines.htm http://www.rapidcityjournal.com/display/inn_opinion/opin01.txt Opinion From The Journal: A mouse has roared By Charmaine White Face, an Oglala Lakota, is a Rapid City writer. When Leonard Wibberley wrote his book, "The Mouse That Roared," I'm sure he did not have the Crow Creek Sioux Tribe in mind. But lately, the little tiny Sioux tribe, whose reservation is on the Missouri River in central South Dakota, has been doing a bit of its own roaring in Washington, D.C. The surprising part is, it is being heard. The roaring takes the form of an injunction against the United States Army Corps of Engineers and the state of South Dakota from transferring any federal land along the Missouri River to the state. The land in question is part of the land of the 1851 and the 1868 Peace Treaties the United States made with the Great Sioux Nation. This land was further taken from the Great Sioux Nation in the 1940s and '50s under the Pick- Sloan Act. That federal law created a series of dams up and down the Missouri River to control flooding. The dams have also been a boon in the form of hundreds of millions of dollars to the economies of North Dakota and South Dakota from electricity generation and recreation. The land that was flooded was mainly on American Indian reservations. Entire Indian towns and communities were displaced and the best lands put under water. The land, water and dams were and still are under the control of the U.S. Army Corps of Engineers. Any excess land that the Corps of Engineers didn't need was to go back to the tribes under the Pick-Sloan Act, never mind the treaties. The new congressional act authorizing this move was brought about jointly by Democratic Sen. Tom Daschle and Republican Gov. Bill Janklow against the vociferous and active opposition of the Great Sioux Nation, which had been physically divided up into tribes in the late 1800s. Using a modern divide-and-conquer tactic, Daschle and Janklow pulled in the Lower Brule and Cheyenne River Sioux Tribes so Congress would think the Indians were for this act. Originally geared for wildlife habitat mitigation, the onerous act was dubbed the Mitigation Act. To mitigate means to make less severe, to alleviate, to cause to put something in a less harsh light. The first Mitigation Act was repealed by Congress. There had never been any hearing as the original act was pushed through as a rider. After many letters and quite a bit of lobbying by tribal people, most members of Congress were made aware that there was another federal law involved, not to mention a treaty or two! While the repeal was in a joint conference committee, Daschle surreptitiously put the Mitigation Act in as another rider, called Title VI of the Water Resources Development Act of 1999, which slipped by Congress and was passed. Since that time, the Corps of Engineers has been under the gun to finish a complete Environmental Impact Statement as Sen. Daschle and Gov. Janklow have continually pushed for the immediate transfer of certain recreation areas. A complete EIS would take years to complete. Environmental groups are watching to see if the federal environmental law will be followed. They are also watching to see how federal land can be turned over to a state. How would that bode for national parks? The land transfer of the recreation areas was to happen on Dec. 21, 2001. Why the rush? Is there "gold in them thar recreation areas?" Is it in the form of increased tourism with the Louis and Clark Expedition anniversary coming up? Little Crow Creek Reservation lies on the east bank of the Missouri River and has a female chairperson, Roxanne Sazue, a rarity. Peter Capossela is the tribal attorney for the Crow Creek Sioux Tribe and he filed an injunction in federal court in Washington, D.C., titled, "Crow Creek Sioux Tribe vs. Secretary of the Army Thomas E. White et al." On Tuesday, Dec. 11, 2001, a hearing was held in Washington before Judge Paul L. Friedman. In a letter to the Crow Creek Tribal Council summarizing the hearing, Mr. Capossela states: "Judge Paul Friedman ... questions whether the federal historic preservation laws can be properly implemented by the Corps if the land transfer goes through ... (and) expressed some level of agreement with the Tribe's position in the lawsuit, that the Mitigation Act is unconstitutional because it contains conflicting directives to the Corps of Engineers, and that the Corps cannot transfer land to the state and implement the federal historic preservation laws, at the same time." His letter also stated that the attorney for the Justice Department, who represents the Corps of Engineers, further tried to argue that a government-to-government consultation was held with the Crow Creek Tribe on the land transfer by producing a letter that had been sent to President Sazue. Sazue told the judge that she had received the letter but the date for the consultation was at the same time as the hearing currently in session, and that it was very poor planning. The judge agreed with President Sazue and dismissed the Justice Department's argument. The result is the land transfer is stopped until after Feb. 8, leaving the Justice Department and the tribe time to submit amended complaints and responses. At a Sioux Nation Treaty Council meeting in Rapid City on Dec. 21, President Sazue and Peter Capossela were honored by the assembly. As the drum beat out the honor song and young men's voices carried the words to the universes, many tears rolled slowly from the eyes of men and women. Crow Creek is such a small little tribe but they were doing this for the Great Sioux Nation. As a nation, our victories are so few and far between. We are such a small nation to stand up to the most powerful nation in the world, the United States. Yet, many of us believe that if the U.S. Constitution was truly upheld, truth and true justice would be the outcome. This victory is small. We know that. And there will be more court appearances. But for now, Peter Capossela and Roxanne Sazue, along with the Crow Creek Tribal Council are our heroes. A mouse has roared on the Missouri River. Copyright c. 2002 The Rapid City Journal. --------- "RE: Coeur d'Alene Tribe suspends Executive" --------- Date: Sun, 6 Jan 2002 18:48:06 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COEUR d'ALENE SUSPENSION" http://www.pechanga.net/ http://www.spokesmanreview.com/news-story Coeur d'Alene Tribe suspends executive Investigation into missing funds focuses on enrollment office Saturday, January 5, 2002 Benjamin Shors - Staff writer WORLEY, Idaho - The Coeur d'Alene Tribe has suspended its enrollment director as part of an investigation into money missing from a tribal payment program, according to sources within the tribe. Two high-ranking tribal leaders -- speaking on a condition of anonymity -- said computers and records have been confiscated from the enrollment office in a federal investigation into $100,000 in missing funds from as far back as 1995. Enrollment director Pam Johnson, reached by phone Thursday, declined to comment. Tribal officials said she has been suspended with pay. Tribal officials say fake names and the names of deceased tribal members appear to have been used to funnel money from a tribal payment program. The rumors of missing money have circulated for months among tribal members. In an impromptu Thursday night forum at the Coeur d'Alene Casino, tribal leaders clarified the details of the investigation to concerned tribal members. A reporter was not allowed to attend the meeting, but a third tribal leader relayed the discussion on Friday. That person also asked to remain anonymous. All three tribal leaders requested anonymity saying their jobs would be in danger if they spoke publicly. Tribal officials have referred all inquiries to spokesman Bob Bostwick. Bostwick said he did not know if any tribal employees had been suspended, or how much money was missing. He declined to discuss details of the investigation. "Nobody in their right mind is going to discuss an ongoing investigation," Bostwick said. "The FBI is in charge of the investigation -- it's in their hands." Bob Davis, who is supervising the FBI probe, said Thursday that investigators are "making good progress. "There are a lot of rumors," Davis said. "We're trying to track down all of the information to verify it." Bostwick indicated that tribal employees had detected a problem with the tribe's finances, but he did not say how long the money had been missing. "We have people in place whose job it is to watch the dollars the tribe has and where they go," Bostwick said. "Those people did their jobs. That's why we have an investigation, and that's all I can tell you." The missing money reportedly comes from the tribe's biannual enrollment payments. The payments, which are funded by the tribe's casino, farm and market, have been buoyed by the success of the Coeur d'Alene Casino in Worley and are vital to many tribal families. This year's payments totaled about $2,100 per person. As the tribe's economic success grew in recent years, enrollment numbers climbed steadily. This year, enrollment payments totaling $3.8 million were divided among more than 1,800 members. The money is separate from a federal fund created in the late 1800s, which the federal government created to compensate Native Americans for mining, logging and grazing on tribal lands. Tribal leaders across the country have charged that the Bureau of Indian Affairs and other Interior Department agencies have squandered more than $10 billion from that program. Benjamin Shors can be reached at (208) 765-7147 or by e-mail at benjamins@spokesman.com Copyright c. 2001, The Spokesman-Review. --------- "RE: Inuit oppose Non-native Hunting Rights" --------- Date: Fri, 4 Jan 2002 08:09:56 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HUNTING RIGHTS" http://www.owlstar.com/dailyheadlines.htm http://www.canoe.ca/AtlanticTicker/CANOE-wire.Nfld-Inuit-Hunting.html January 3, 2002 Inuit oppose bid by Nfld. government to secure non-native hunting rights ST. JOHN'S, Nfld. (CP) -- Labrador's largest Inuit group has rejected a bid by the Newfoundland government to ensure non-native hunters aren't restricted from Inuit-controlled land. The 5,200 members of the Labrador Inuit Association are in the final stages of securing a land claim that would cover 72,000 square kilometres, an area about half the size of Prince Edward Island. But non-native hunters have long argued the final agreement should contain a provision that recognizes their right to hunt in the land-claim area. The existing agreement in principle, signed last June, doesn't restrict access for hunters. But some critics are worried Inuit leaders will change their minds once an Inuit government assumes power. That's why Ernie McLean, the province's minister of aboriginal affairs, has said his negotiators will push for recognition of non-native hunters in the final land-claim agreement. McLean's pledge drew an angry response Thursday from an Inuit leader. "I can save Mr. McLean's government time and money . . . by giving (the association's) answer right now. (The) answer is No," said Richard Pamak, the association's vice-president. The Inuit "will not agree to put anything in our land-claims agreement that gives non-aboriginal people from outside our territory special harvesting privileges on Labrador Inuit lands." Such a decision can only be made by Inuit leaders after the final land- -claim agreement is signed this fall, he said. Meanwhile, the mayor of Happy Valley-Goose Bay has made it clear non- natives should be given more of a say in the process. "This is a major issue for my community and also impacts on all non- aboriginals (a population of about 25,000) who call Labrador home," John Hickey said in a editorial published last year. "Rest assured, we here in Labrador will not sit by and allow our hunting, fishing and other land-use rights and privileges to be bartered away by the provincial and federal governments for larger resource-harvesting issues." Happy Valley-Goose Bay, home to about 9,000 people, is Labrador's largest city. It is in central Labrador, about 300 kilometres from the closest Inuit settlement. The land-claim area includes the communities of Nain, Rigolet, Makkovik, Postville and Hopedale, most of which are close to the Labrador coast, north of Lake Melville. Copyright c. 2002, Canoe, a division of Netgraphe Inc. All rights reserved. --------- "RE: Ontario's First Aboriginal Lieutenant-governor" --------- Date: Fri, 11 Jan 2002 08:59:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LT GOVERNOR" http://www.owlstar.com/dailyheadlines.htm http://www.canoe.ca/NationalTicker/CANOE-wire.Ont-Lieutenant-Governor January 10, 2002 James Bartleman named Ontario's first aboriginal lieutenant-governor TORONTO (CP) -- After years of defending Canada's interests abroad, the country's most senior aboriginal diplomat is returning home to become Ontario's first native lieutenant-governor. James Bartleman's appointment as the Queen's representative in Canada's largest province was announced Thursday by Prime Minister Jean Chretien. The father of three succeeds Hilary Weston, the wife of wealthy grocery magnate Galen Weston, who was appointed to the post five years ago and championed the causes of battered women, the homeless and disadvantaged youth during her term. "It's a tremendous sense of honour to have been asked to take on these responsibilities," he told CTV Toronto affiliate CFTO from Brussels. "It's something that I never expected. I will do my very best to represent the people of Ontario." From his roots in Orillia and the cottage country town of Port Carling, the member of the Minjikanig First Nation rose to become a seasoned diplomat and prime ministerial adviser. He will leave his current post as the head of the Mission of Canada to the European Union to serve as Ontario's 27th vice-regent. Premier Mike Harris welcomed the appointment of the distinguished public servant who he said has a deep understanding of Ontario's history and developed relationships in every continent. "His personal and professional experiences should serve him well in his new capacity as Her Majesty's representative in Ontario," Harris said in a statement. "His heritage and travels have given him a deep appreciation for Canada's cultural diversity and an important understanding of its position in the world." Native leaders hailed the appointment as a recognition of the importance of aboriginal people in Canadian society. "I'm happy for the recognition of aboriginal people," said Grand Chief Vernon Roote of the Union of Ontario Indians. While he hopes Bartleman will be able to highlight some of the concerns that exist among native people in Ontario, Roote acknowledges that the position is largely symbolic. Bartleman will represent the Ontario government, whose relationship with native communities have been strained since the 1995 shooting of a native protester in the Ipperwash Provincial Park. Richard Powless, special adviser to Assembly of First Nations Chief Matthew Coon Come, said aboriginal people are realistic about what can be accomplished by a governor-general and other representatives of the Crown. But he said the appointment is important to native youth. "It's important as a role model that First Nation kids can see that you can rise to that level," he said. Bartleman entered the public service after graduating with a Bachelor of Arts degree in history from the University of Western Ontario in 1963. He has advised Canadian prime ministers back to Lester B. Pearson. For 41/2 years he was foreign and defence policy adviser to Chretien. He has also held senior posts in several countries including Cuba, Israel, South Africa and Australia. In the 1970s, he designed the first federal action plan to bring First Nation's people into the public service. Yet he never credited his heritage for his advancement. "I never felt my aboriginal background either helped me or hindered me," he said after receiving the 1999 National Aboriginal Achievement Awards for public service. "But I thought that it gave me, as an individual, a much richer life, knowing what aboriginal life was like." The new lieutenant-governor met his wife Marie-Jeanne while shuttling between Brussels and Vienna, after preparing Canada's positions for a Cold War arms control summit. He will be sworn-in during a ceremony in March. Copyright c. 2002, Canoe, a division of Netgraphe Inc. --------- "RE: Rocco Galati on Canada's Globalization" --------- Date: Sun, 6 Jan 2002 23:24:38 -0600 From: Chris Spotted Eagle Subj: FW: A sweet little article from our brothers and sisters to the north. I'd like to meet this man. Mailing List: Minnesota Indian Affairs FYI Date: Sunday, January 06, 2002 3:39 AM Subj: Rocco Galati on Canada's Globalization, Militarization, Police State Agenda in anti Terrorism laws Canada's Anti-Terrorism Laws - Bills C36, C22, C35, C42 Presentation by Rocco Galati at a forum sponsored by the Scientists For Peace Toronto, December 2001 (Canada's Globalization, Militarization, Police State Agenda) My name is Rocco Galati. I am a constitutional lawyer. I was a lawyer for the Crown for a few years before I went into private practice cases against the government. I was the counsel who brought the MAI case up through the courts to the Supreme Court of Canada, and argued the Quebec city injunction perimeter fence case up to the Supreme Court of Canada. I have been doing CSIS terrorist certificate cases under the Immigration Act, the so called secret trials that are now going to be part of C36 secret trial mechanism. In a nutshell, what is in Bill C 36, and is undoubtedly not open for debate, what Bill C36 does is as follows. It has very little to do with terrorism. Terrorism is very easy to define. I have defined it for clients of mine appearing before parliamentary and senate committees. Terrorism is a very simply definition. It is the application of terrorism that is all the problem. I define terrorism as the threat of or use of violence and arms by an armed group or individual against an unarmed group or individual for political, racial, religious, social, or economic reasons including state terrorism. You can take any other armed conflict whether it is two people dueling at dawn over a woman 200 years ago, or two groups in an insurrection or civil war, or war, or somebody doing it for profit, or drug running. We have laws to cover that, but that is not terrorism. The only problem with a definition of that sort is that you have to apply it equally, and that's where we get into problems, because certain states want to be able to support terrorism when it suits their needs. My only point is that this bill has very little to do with terrorism in the sense that the first speaker was speaking about. 1. What this bill does is really codify militarization and a police state, and further globalization interests. You see it right in the bill. The Bill is overly broad. Even though they took out the "lawful", the Bill still catches dissent. It still catches protest. Protests that interrupt public facilities are acts of terrorism under this bill. No question about it, whether they are "lawful" or not, if they endanger life. Any protest that is going to cut off a part of the city from essential services like ambulances by definition endangers life. That is the price we pay in democracy. That is a terrorist act under this Bill. 2.The other thing the Bill does is that it can convict you of facilitating terrorism without any knowledge or intent. The government pretended that they changed the definition, but they didn't. They changed it in one section and they took ir away in another. Even if you don't know you are facilitating, you are going to get caught. So the guy who sells the envelopes and the stamps at the corner store in my view is facilitating terrorism when the purchaser puts anthrax in them and mails them off, whether he knows it or not. 3. Then there is the 72 hour arrest on suspicion. The only test here is you can be held here for 72 hours without being charged on suspicion. That is not a test. That is not even a smell test. What is the suspicion going to be based on? It will be based on another portion of the Bill which allows the Court and police "in determining whether an accused participates in or contributes to any activity of a terrorist group the court may consider among other factors whether the accused uses a name, word, symbol, or other representation that identifies or is associated with the terrorist group". Now if I look around this room, I can probably pick out five or six women here who I find suspicious because the legislation allows it. So if you use the same religious or codeful symbols that some terrorist group has misappropriated for their own purpose, even though they are valid religious or cultural symbols of Islam or being Arab or being Tamil or being Sikh, then the legislation grants the police and the Courts the right to use that as the basis of suspicion. In my language that is just racist profiling. Racism, that is all it is. So the 72 hour detentions are also problematic because there is no stop to the revolving door. One police officer on suspicion will arrest you for the 72 hours. You are released. That is not to say they can't come back in 12 hours or 12 minutes and re-arrest you on another suspicion. So you can go around the revolving door this way. And they can put conditions on you similar to bail conditions even though you are not charged or arrested with anything, for a year at least without charging. 4. Investigative hearings are nothing short of Roman Catholic Inquisitions. That is all they are, maybe without the torture, maybe not. But who knows what people get tortured. Every group in this country has suffered torture at police hands. That's documented. So you are hauled in, and you have to answer questions. If you don't answer questions, you are subject to criminal charge. They say they can't use the answers against you in a court. Well, that's not true because (1) they can use the answers to go engage in further investigation outside the answers, and that evidence can be used in court. (2) If you ever take the stand to defend yourself, the case law is clear they can use your answers to say that you are lying. So it is not true that they can haul you in and anything you say will never be used against you in court. 5. Really nasty provisions that no one seems to be talking about, quite frankly because they are so foreign to our law and our experience, are the secret trial provisions. Right now in Canada, there is only one instance where you get secret trials - that is on CSIS terrorist cases under the Immigration Act. That is where someone is accused of being a terrorist or associated with terrorism. What happens when they allege that you are a terrorist is that you never get to see the evidence. Your lawyer never gets to see the evidence. All you get is a summary of the allegations against you. And then the lawyer for the government sits with the judge and they review the evidence. And then you go into open court, and the judge says, "What do you have to say in response to the fact that we say you are a terrorist?" And so the game goes something like this: "I was born in a little village" somewhere, wherever. "I knew all these people", and you literally have to ransack through a person's life and hope that in doing so that you are addressing whatever evidence, distorted rumor or hearsay evidence that is before the judge. So these secret trials are really foreign. They've been around since 1990 in Canada (under Immigration cases, not the Criminal Law) . There has only been one case where it was fought and won. That was a case I fought and won two years ago. It was called Jibala. A case from Egypt. But lo and behold they re-arrested him again even though the federal court said there is nothing to the allegation. They re-arrested him this August and we are back on the merry go round. So now under, C36 at various stages, if the police or the CSIS or RCMP say, "I can't answer that question, I can't divulge that evidence because it's "national security" (they usually lower their voice to say that) then you don't get to see it. That's very dangerous because our whole system is based on testing the evidence against you. 6. That also goes for the confiscation of property. These secret trials allow for the confiscation of property as well. So your daughter has a friend who is Muslim who has a brother who may be associated with a group that is on the list. Let's say there is any money that transfers. Let's say your daughter is helping you with the mortgage, but she gets some help from her brother to pay the mortgage. They can and will confiscate your house. You will never know why. Because that money is coming indirectly from a terrorist source, even though you don't know that your daughter is getting money from her brother, and he's associated with somebody, that property can and will be confiscated, and you will never know why. You will never see the evidence, and nobody will know why your property is getting confiscated, except for a bald allegation that is tied to terrorism. 7. Lastly, I want to say I personally find all this legislation C36, C35, C22, C 42 offensive: C35 which broadens state immunity to state terrorists or dignitaries from abroad from international organization. If they are terrorists its OK. They are immune from our law; C22 that makes lawyers spies for the government. They have to report suspicious activity and not tell their client; and C42 that's just been introduced which allows ministers to delegate authority to their officers to declare military security zones on the spot, issue orders on the spot, and nobody can discuss the orders, even the subject of the order, because if you discuss it or publicize it, that's a separate criminal offence; If you take all these bills together, it doesn't take a rocket scientist to see that what we have here is a road map for, essentially, I am not exaggerating, a military junta, really in the hands of four cabinet ministers who can delegate right down to the ground. That what's happening. If you look at, and there's no argument against this if you look at the legislation, it is so offensive. 8. The last point I want to make about this globalization and the militarization of that agenda is that if you look at the definition of terrorism, what they have done is very reptilian, very slivery, so nasty. They have included in the definition of terrorism "threats to and including its economic security". So if you do anything that threatens the economic security of Canada, you are engaging in a terrorist act. Now, in addition to all the problems of protest, there is something even more insidious than this than just what is found in the definition of terrorism. Another part of this omnibus bill (Bill C 36) is that they've re-defined the Official Secrets Act and renamed it the State Security Act. Under that legislation, S3 of that act (Official Secrets Act) which is S.27 of this Bill C36, it says "for the purpose of this act a purpose is prejudicial to the safety or interest of the state if a person..." Then there are various thing that a person can do to endanger the security of the state: (a) "interferes with the service facility or system or computer program" (b) "damages property" (c) (really offensive) "adversely affects the stability of the Canadian economy, a financial system, or any financial market in Canada without reasonable economic or financial justification" So boycotts of the markets or the banks on ethical or environmental grounds are now an act of terrorism. When you grasp that that's "the economic security of the country" via the Official Secrets Act, now the State Security Act, you can't even have financial dissent. And then, here are the ones that are really nice. (d) "impairs or threatens the capability of the government or the Bank of Canada to protect against or respond to economic or financial threats or instability (e) "impairs or threatens the capability of the government of Canada to conduct diplomatic or consular relations or conduct and manage international negotiation. So, no more Quebec city protests. They are all an act of terrorism. No protesting any stock marke,t any financial market, or ethical or environment laws. So that's how broad this bill is, and that's how broad the net has been cast. Answers to questions: 1.Q; Charter Rights: A: There is not one single right in the Charter that has been developed from the Magna Carta to the English Bill of Rights, to the French Declaration of the Rights of Man, to the U.S. Bill of Rights, to the U.N. Charter, to the Canadian Bill of Rights, and to our Charter that has not been urinated upon and buried. There is not one right that it does not completely undo. You name me the right and I will tell you how it does it. 2. Q; A: CSIS secret trials: CSIS secret trials in our Immigration law resulted from pressure from the USA against the Muslim and Arab communities. The Mulroney government put in the secret trial provisions back in the 80's. 3. Q: Can these Bills be overruled? A: Once you get handcuffed, and you get a lawyer, and you spend so much time in pre-hearing custody in the Metro West Detention Center where they put you in a hole for 18 out of 24 , you get 5 minutes in the yard if you are lucky. You do not get to phone your family or your lawyer. That is what is happening now with an immigration hold. Then you go in front of judge and you can make a Charter challenge. Then the court may or may not strike it. But you know, charter challenges and judicial court review are no substitutes for proper political debate and social economic balance in a society. We were in front of the Senate the other day, and they sighed in relief that of course we were going to challenge it in the Courts and we said, "That is not a proper substitute. Do not be going to sleep hoping that we challenge it. It is your job to put in a proper bill." This is where it is offensive. 4. A: I was an ex Crown Attorney. I read this bill as if I were prosecuting. 5. A: C42 is even worse than C36 . 6. Q: What motivated our government to put in these Bills? A: I am not shy in saying this given my work on the MAI case and the Quebec city case. Anyone in tune with globalization protests and the agenda of the government (whether or not globalization is a good or bad thing, I am not going to reveal my true beliefs cause I don't want to get fired by my clients but ) it became clear to the government of Canada that they were losing the handle on the globalization issue and I think they stomped on us. --------- "RE: Plot Thickens in Oklahoma Water Sale Issue" --------- Date: Wed, 9 Jan 2002 09:23:18 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="WATER SALE" http://www.owlstar.com/dailyheadlines.htm http://www.zwire.com/site/news Plot thickens in water sale issue By:TONY PIPPEN, Staff writer January 07, 2002 ADA - Will southeast Oklahoma water be sold to Texas? At this point, nobody knows, not even the Shadow. As the plot thickens, more players are entering the saga. The latest players are members of the Caddo Indian Tribe of Oklahoma. In letters to U.S. District Court for Washington, D.C. and U.S. Bureau of Indian Affairs, Tribal Chairwoman LaRue Parker set forth her tribal claims. She said these were omitted in negotiations on the water compact covering 22 counties in southeast Oklahoma. The Caddos gave notice of archaeological and land and stream water claims on the area in question. Parker noted the project area was both historic and prehistoric (before Columbus) home lands to the Caddo people before the Choctaws and Chickasaws were placed there upon their removal from Mississippi. Parker's letters and notice to federal and state authorities may require tribal ownership issues to be dealt with by federal courts before the compact can be finalized. Parker is against the compact between the state of Oklahoma and the Choctaw and Chickasaw nations and its proposed sale of Oklahoma water to Texas. The Pontotoc County chapter of Southern Oklahoma Water Alliance, which also opposes the water sale, held an instructional meeting at the Ada Area Chamber of Commerce Thursday and invited supporters on both sides of the issue to attend. Area legislators, who could vote on the issue in the next session of the Oklahoma Legislature, were also in attendance. State Reps. Bob Plunk of District 25, Danny Hilliard of District 22, and Paul Roan of District 20, told the standing-room only crowd they would assess all information and get the consensus of the people in their districts before deciding which way to vote. They all said they didn't know for sure the issue would come to a vote of the Legislature this year. Hilliard said if it does, it will be monitored as it goes along and won't be rushed through. John Elliott served as master of ceremonies at Thursday night's meeting. Speakers included Harold Witcher, attorney for SOWA, who discussed the compact; David Brown, secretary-treasurer of SOWA; Dick Scalf; Donna McSpadden; Theophilus Inslee, president of Oklahoma Aquaculture; and Charlotte Hearn, chair of SOWA. Hearn announced a counter bill will be introduced to oppose the sale of water without a comprehensive water plan. She said Oklahoma does not have a comprehensive water plan at this time. She said a SOWA Day on Capitol Hill is also being planned for February, when members of the organization will work with several legislators and organizations opposing the water sale. Witcher said there is still an issue over title to the water in southeast Oklahoma. He said he's convinced the Choctaws or Chickasaws do not own the water in the contested basin. Referring to the sale of water to Texas, Witcher said, "If the Legislature passes this, there will be a case in federal court. There will be a long federal fight." He challenged assurances that money from the sale of water would stay in southeast Oklahoma. "This is a joke," he said. "Our constitution prohibits it. This (water) is a state asset and the money from the sale of it goes to general revenue. Don't you think for a moment those boys in short-grass country are going to vote for Little Dixie to have the money." He maintained the sale of water would eventually lead to a shortage in Oklahoma. "I see a water shortage coming," he said. "This is the most colossal, stupid plan I have ever seen in my 74 years." Witcher said every state in the Union that has signed one of these contracts is engaged in lawsuits in federal court. "You can put all you want in that contract and you can't wave the Constitutional rights of a state," he said. "When two government entities make a contract, the U.S. Court can change it for the welfare of the people in this country." George Braly, a member of the audience, asked "Is there an official position on this issue by the city of Durant and Ada? It seems the political subdivisions have the most to lose in the long run." Witcher said he didn't know the answer to that question, but he would love to see the cities take the lead in opposing the sale of water. Brown said he wanted to present a different perspective to the issue. "I'm a Chickasaw Indian and I'm against the sale of water. We have one issue here tonight and that's to oppose the sale of water from Oklahoma. We need to pass legislation not only to stop the sale of water to Texas, but to change the way the Water Resources Board controls our water rights." Scalf, a member of the Ada Water Resources Board, said he was at the meeting representing himself. He said Texas has other options, but if it can get water cheaper from Oklahoma, it will do it. He said he wants to know more about the issue, but he is concerned that when proponents of the sale of water say excess water, 90 percent of that might be from the couple of floods Oklahoma might have each year. McSpadden said Oklahomans need to ask Gov. Keating to finish the discounted purchase of Sardis Reservoir. She said $40 million is owed on the reservoir, but Washington is waiting to settle on a $20 million payout from the state of Oklahoma. The state can pay this off and have an asset of well over $100 million, she said. "And it won't have to sell our water to anybody." She said the surface water issue started over the Sardis Lake project and has now spread to 29 counties. "If the water is sold, your children and grandchildren will get a letter in the mail saying 'your grandfather's land is condemned and we're going to take your land.'" She maintained that "every time Texas needs a drink, you are going to build another lake to provide it." Inslee said he was representing the aquaculture association. "We've got to hustle," he said. "Don't give that stuff away. It don't give us a chance to grow. It's going to push all the little guys out. Growth is gonna go with the water. It our water is sold, it's gonna kill southeast Oklahoma." Copyright c. 2002 The Ada Evening News. --------- "RE: Texaco's Dine' Land Violations cost $295K" --------- Date: Wed, 9 Jan 2002 09:23:18 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TEXACO VIOLATIONS" http://www.owlstar.com/dailyheadlines.htm http://www.gallupindependent.com/todaysnews.html#anchor2 Texaco's Dine' land violations cost $295K Larry Di Giovanni Staff Writer WINDOW ROCK - Texaco Exploration and Production Inc.,will have to pay a $295,000 settlement to the U.S. Environmental Protection Agency (EPA). The suit involved violations of the federal Clean Air Act and Community Right-to-Know Act that occurred in late 1997 and early 1998 on the Navajo Nation in the Aneth (Utah) Oil Field. Settlement details were announced this week by EPAs Region 9 in San Francisco. The violations involved undisclosed releases of sulfur dioxide at Texaco's natural gas plant and oil field in Aneth. Under an enforcement action handled by the Department of Justice, Texaco has agreed to pay a $243,000 penalty and perform an environmental project worth $51,000. The project will see Texaco provide emergency response equipment and preparedness training to the tribe's Montezuma Creek (Utah) Volunteer Fire and Rescue Department. In addition, Texaco agrees to ensure that its gas plant complies with the leak detection and repair requirements of the Clean Air Act. "You know, it's a long time coming," said Arlene Luther, director of Navajo EPA's Waste Regulatory Compliance Office. "These are things we try to identify and report, but it's a long process." "Facilities have an obligation to the community for operating safely and being in compliance with environmental laws," said Jack Broadbent, the EPA's Pacific Southwest Air Division director. "We are pleased that Texaco has agreed to amicably resolve this enforcement action." The judicial complaint, filed Dec. 28 in the Central Division of the U.S. District Court for Utah, alleges that Texaco failed under the Clean Air Act to monitor and file reports on equipment leaks, and failed to properly equip and test its gas plant flare. John Kim of the EPA Region 9 in San Francisco said the first illegal, undisclosed release of sulfur dioxide by Texaco occurred from Dec. 24, 1997, to Jan. 9, 1998. A second release occurred from Jan. 17-19, 1998. The undisclosed leaks were supposed to have been reported under the federal Emergency Planning and Community Right-to-Know Act to the Tribal Emergency Response Commission. The complaint also alleges that both Texaco and its contractor, Envirotech Inc., failed to properly remove and dispose of material containing asbestos. Envirotech is required to pay $10,000 for its involvement with asbestos. In addition to the Texaco Clean Air Act case, the EPA is pursuing enforcement actions in the Aneth area of the Navajo Nation against both Exxon Mobil and Texaco for alleged violations of the Clean Water Act, and against Exxon Mobil for alleged violations of the Clean Air Act. Copyright c. 2001 The Gallup Independent --------- "RE: Montana Court Upholds chase onto Blackfeet Land" --------- Date: Wed, 9 Jan 2002 09:23:18 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TEST CASE" http://www.pechanga.net/ http://indiancountry.com/?1010430454 Montana state court upholds chase onto Blackfeet land Seen by some as whittling at sovereign powers January 07, 2002 - 2:05PM EST by: David Melmer/Indian Country Today BOZEMAN, Mont. - The hand of the Hicks ruling has fallen on Montana, in a state Supreme Court ruling upholding off-reservation law authority activity on Indian country. The high court of Montana reversed a lower court ruling that had excluded evidence gathered on the Blackfeet Reservation during a chase by city police. The state Supreme Court reversal is seen by some as whittling at tribal sovereign powers. A lower court ruled that evidence gathered on the Blackfeet Reservation against Daniel Bird, a member of the Blackfeet Nation, was not admissible in court. The state Supreme Court overturned the ruling and allowed evidence gathered while Bird was on the reservation to be used in court. The reservation boundary was not considered as a protector for Bird, who had committed a crime off the Blackfeet Reservation, but was chased onto the reservation. He was stopped by city police and then arrested by tribal police who turned Bird over to local authorities of Cut Bank, Mont. The court in its 4-1 decision cited a 1997 court ruling that an officer has the authority to stop a motorist to determine if he has jurisdiction over the offender. Bird was followed on May 25, 1999, by Cut Bank city police officer Joshua Olson who observed a pickup truck with three occupants traveling erratically through the city at a slow rate of speed. He assumed the driver might be intoxicated. When he attempted to stop the vehicle it increased its speed. He then pursued the vehicle toward the reservation boundaries. At that time Olson stated in his report the vehicle was speeding in an erratic manner. The truck crashed through a fence and stopped in a field. The Blackfeet tribal police was called and they arrested Bird and a companion who were both members of the Blackfeet Tribe. Tribal officer Chris Cadotte transported Bird to the Glacier County jail. Bird was the driver of the vehicle and charged with reckless driving. He asked for a dismissal and argued that the city had no jurisdiction on the reservation. He also asked the court to suppress all evidence collected while on the reservation. His motions were denied in city court, and he was convicted of the reckless driving offense. On appeal to the district court, Bird was granted his motion to suppress all evidence that was gathered after his truck crossed onto the reservation. The court also concluded that the officers from Glacier County and the city of Cut Bank did not have jurisdiction. The state Supreme Court concluded that the officers had jurisdiction and cited the hot pursuit statutes as precedent. The city of Cut Bank conceded that Bird was not extradited from the reservation under the Blackfeet Tribal Code procedures, but it asserted that the failure to follow the extradition procedures should not result in the exclusion of evidence. The Supreme Court disagreed with the conclusion that Bird was improperly extradited from the reservation in violation of the tribal code. It stated that a good faith effort was made to use proper procedures in removing Bird from the reservation. Justice Terry N. Trieweiler dissented. He agreed with the lower court's decision to suppress evidence collected while on the reservation. He stated that the offense was committed within the city limits of Cut Bank and that the police officer had no jurisdiction beyond the city limits. "The important point is that Bird was not charged with reckless driving based on conduct that occurred on the Blackfeet Reservation nor would any Cut Bank police officer have had authority to arrest him based on conduct that occurred on the Reservation. Therefore, Bird's conduct after he crossed onto the Reservation was irrelevant and evidence was properly excluded," Trieweiler wrote. The federal case of Nevada vs. Hicks looms large in this case, although it was not cited by the judges. The Montana case brings the jurisdiction debate among states and tribes to a new level. Hicks dealt with an investigation conducted on a reservation by off reservation law officers. The U.S. Supreme court ruled that evidence in that case was admissible. The Montana Supreme Court case number is 00-246 - 2001 MT 296. Copyright c. 2001 Indian Country Today. --------- "RE: Accused Mountie Killers appear in Court" --------- Date: Tue, 8 Jan 2002 08:19:30 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MOUNTIE KILLERS" http://www.owlstar.com/dailyheadlines.htm http://cbc.ca/cgi-bin/templates/ Accused Mountie killers appear in court Last Updated Mon Jan 7 15:42:33 2002 BRANDON, MAN. - Two Albertans showed little emotion Monday as they appeared in court accused of killing RCMP Const. Dennis Strongquill. Robert Marlo Sand, 23, and Laurie Anne Bell, 20, are charged with first- degree murder in the Dec. 21 shooting death of Strongquill. They were remanded in custody until their next court appearance Jan. 21. They appeared separately in the Brandon courtroom. Outside, however, the common-law wife Strongquill left behind told reporters she was angry. "What am I supposed to do?" said Ramanda Delaronde, holding Korrie, the daughter born to her and Strongquill on Nov. 2. "I have her. I have to take care of her for the rest of her life without her dad being there." Strongquill left behind six children, including Korrie. Delaronde had travelled 300 kilometres from Barrows, Man., to attend the court session. During their clients' brief appearances, the defence lawyers requested more information from the Crown. He and his partner Brian Auger pulled over a pickup truck between Russell and the Waywayseecappo First Nation reserve where Strongquill was a member of an all-aboriginal RCMP detachment. Shortly afterwards, Strongquill was shot in the parking lot of the Russell detachment. After a 14-hour police chase through Manitoba and Saskatchewan, three suspects were surrounded at a motel in Wolseley, east of Regina. Sand's younger brother Danny Wayne Sand was killed in a shootout with police. Both brothers were recently released from jail and were wanted for parole violations. An investigation is under way into their release. Written by CBC News Online staff. Copyright c. 2002 CBC. All Rights Reserved. --------- "RE: Shooting of Seminole Tribal Counsel was Planned" --------- Date: Fri, 11 Jan 2002 08:59:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SEMINOLE HIT" http://www.owlstar.com/dailyheadlines.htm http://www.sun-sentinel.com/news/local/broward/sfl-110seminole.story Shooting of Seminole tribal counsel was planned attack By Vicky Agnew, Tanya Weinberg, and Jeff Shields Staff Writers Posted January 11 2002 HOLLYWOOD -- Seminole Tribal Council members were under armed guard Thursday after the tribe's top lawyer, Jim Shore, was shot in what appeared to be a planned attack. General counsel Jim Shore, 56, a respected tribal member who has recently acted as the tribe's primary spokesman during politically controversial times, was shot several times in the torso. An unknown assailant fired through the sliding glass door of Shore's home in the upscale Emerald Hills neighborhood between 10 and 10:30 p.m. Wednesday, Hollywood police said. Home alone, Shore, who is blind, called 911. He calmly told a dispatcher that while standing near a glass door he heard what sounded like two shots or electrical pops. He said he was certain no one had entered his home. "I'm blind, and I don't know what happened," Shore said. "I don't know if I've been shot at or [it's] an electrical thing. But my arm hurts - I feel some bleeding here." Shore was taken from his home at 3800 N. Hills Drive to Memorial Regional Hospital in Hollywood and was in critical condition after the shooting. No information about his condition was available Thursday at the request of relatives, a hospital spokeswoman said. But Gloria Wilson, a second cousin, said her family thought Shore would pull through after he underwent surgery Thursday. Relatives were shocked that someone would go after Shore, she said. "They're just like `Why? What would anybody try to accomplish by doing this?'" she said. "We've had our problems, but it wasn't anything that should be personal." One of Shore's neighbors, who declined to give his name, said he heard what sounded like three shots at 10:19 p.m. He said he walked outside to see an older-style Ford Econo van with glittery light blue paint, tinted windows and a Florida tag driving away from Shore's home. "I think it's too premature to say that this was some type of professional hit, but I think it's safe to say that this was not a random act of violence," Hollywood police Lt. Tony Rode said. "It appears that Mr. Shore was targeted." The Seminole Tribe issued a statement expressing shock at the shooting. "We pray for the speedy recovery of Jim Shore, and we pledge our complete cooperation to the authorities as they seek to apprehend the person or persons responsible." Defender of the tribe Widely respected as the first Seminole to attain a law degree and recognized at home and nationally as a staunch defender of the tribe, Shore has been the subject of recent controversy. As lawyer to the Tribal Council, he has been closely involved with the politically divisive move to suspend longtime Chairman James E. Billie, 57. At the council's direction, Shore drafted the resolution to suspend the charismatic chairman. A Web site, www.seminole-truth.com, has posted disparaging commentaries on Shore that include personal attacks and question his competence. One entry concludes: "Jim Shore needs to retire for the sake of the tribe." No individual has taken responsibility for the pro-Billie Web site, which focuses in part on the tribe's dispute with ex-employees' business dealings in Nicaragua. Recently, Billie held meetings at the tribe's five reservations in a campaign to challenge his suspension and has collected hundreds of signatures on petitions he plans to present to the council. The day before the December meeting on the Brighton reservation, where Shore grew up, someone put a copy of one of the Web site's disparaging commentaries about Shore in tribal members' mailboxes, said Wilson, who co-hosted the meetings with Billie. Business success It was Billie who hired Shore in 1982 as deputy counsel, and Shore helped successfully defend Billie against state and federal charges after he shot and killed an endangered Florida panther. The two worked together well for many years as the Seminoles fought precedent-setting battles with the state and federal governments over the right to operate casinos and sell tax-free cigarettes. The proliferation of gaming on Indian lands across the country and the resulting cash windfall for the tribes is a direct result of the Seminoles' legal success. The Seminoles now take in over $600 million in revenues annually. Almost all tribal business must pass the scrutiny of Shore's office. Before he was suspended, Billie sometimes lashed out at Shore at council meetings for holding up projects he favored for the tribe. The dollars have also brought along a flood of outside business proposals and collaborations with non-tribal members. Shore has always been meticulous in his defense of the tribe's best interests, said attorney Michael Kamen, whose firm Kamen & Orlovsky has handled outside litigation for the tribe for the past decade. "Through a period of time, other people have cautioned him and felt concerned for his safety," Kamen said. "They felt he was a straight shooter and there were forces around that felt he was an impediment to whatever they were after." "He pretty much doesn't worry about it, because he does what he does and he's not going to live in fear," Kamen said. "One thing Jim Shore is besides a consummate Indian lawyer is a very brave person." Christine O'Donnell, a former employee and a good friend of Shore's, said she had brought him dinner at home Wednesday and later talked to him on the phone at 8 p.m. and again at 9 p.m. "I always tell him to lock your door. You can never be too careful," said O'Donnell, who is suing Billie for sexual harassment. Billie and his administration's financial dealings - including investments in land for a casino and hotel complex in Nicaragua - are the target of an ongoing federal grand jury investigation. Thus far, the investigation has resulted in the conviction on tax-evasion charges of Billie's former pilot, Charles Kirkpatrick. In a letter sent to the Bureau of Indian Affairs, Shore wrote that authorities were investigating Billie for allegations of embezzlement and theft involving federal grant money. The tribe has also brought suit against Billie, former administrator Tim Cox, who was fired, and brokerage firm Raymond James for mismanagement of the tribe's investment fund. Thursday, the tribe stationed a Seminole police officer outside Billie's home on the Big Cypress reservation and assigned officers to provide security for the four active council members. Shore is nationally respected for his work in gaming contracts, lawsuits against big polluters, land claims and Indian rights issues over the years, said retired Bureau of Indian Affairs Eastern Regional Director Bill Ott. "He was a strong fighter for what he believed was right. Sometimes that meant locking horns with the federal government. But it was always above the table," Ott said. "I hope the gentleman lives to fight many more battles for the Indian people." Copyright c. 2002, South Florida Sun-Sentinel. --------- "RE: Seminoles' Lawyer recovering from Gunshot Wounds" --------- Date: Sat, 12 Jan 2002 18:10:47 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SHORE RECOVERING FROM HIT" http://www.owlstar.com/dailyheadlines.htm http://www.sun-sentinel.com/news/local/broward/sfl-sshore Seminoles' lawyer recovering from gunshot wounds By Tanya Weinberg Staff Writer January 12, 2002 With no suspects, but with the cooperation of the FBI, the Seminole Tribe Police, and tribal members, Hollywood police continued their investigation Friday into the attempted murder of Seminole Tribe general counsel Jim Shore. FBI agents have visited Shore, 56, at Memorial Regional Hospital in Hollywood, where he was taken Wednesday night after an unknown attacker fired shots through the sliding glass door of his Hollywood home. On Friday, he was recovering well from multiple gunshot wounds in his torso and arm, relatives said. "Thank God Jim's got medicine. That protected him," said his first- cousin Wanda Bowers. Shore, son of a medicine man, comes from a family learned in traditional tribal medicine considered to have curative and protective effects. "He carries a medicine bundle, I'm sure," Bowers said. "You only use it when you think you need it." Friends and colleagues have warned Shore, who is blind and widely considered a meticulous, straight-talking and influential figure, to be careful in the 2,800-member tribe's politically charged atmosphere. A federal investigation, an internal audit into tribal operations and finances, the firing of employees and the suspension of longtime Chairman James E. Billie have stirred up lawsuits, resentments and talk that Shore could be a target. "He says, `Just go ahead, go ahead and do it then.' He has that real laid-back attitude," Bowers said. Some Seminoles say they were completely shocked at the outbreak of violence. Although some tribal members oppose the directions in which Shore's advice has led tribal council decisions, Bowers and others said they could not imagine that Shore's attacker was a Seminole. "We argue and we debate. We don't go around killing each other," Bowers said. Some advocates of efforts to clean up improper financial practices and distribution of the gaming tribe's $600 million plus annual revenues worried that fear might stop the process. "We aren't pointing any fingers. We just want to keep the momentum going, " said tribal member and employee Josephine Motlow North. She said personal discussions with some of the four active council members reassured her that the tribe would go forward in its cleanup efforts. "The rest of the people said it's not going to stop us," North said. Since suspending Billie in May, the tribe has filed two lawsuits against him and his fired top administrator, Tim Cox. The two deny the allegations that they embezzled $2.7 million and that they, together with a broker at the Raymond James brokerage firm, mismanaged the tribe's investment fund, costing the tribe $20 million. Cox and other ex-employees from Billie's inner circle are fighting the tribe for control of a hotel deal Cox put together in Nicaragua. Seminole- related business there has drawn the scrutiny of the FBI. On Friday, Billie said he did not wish to comment on recent events. "When I get back in office, we'll talk," he said. A tribal council meeting scheduled for Friday was canceled and even veteran employees found strict security while passing through two checkpoints to enter the tribe's Hollywood headquarters. Staff Writers Vicky Agnew and Noaki Schwartz contributed to this report. Vicky Agnew can be reached at vagnew@sun-sentinel.com or 954-385-7922. Copyright c. 2002, South Florida Sun-Sentinel. --------- "RE: Charlie Smoke detained/U. S. refuses Deportation" --------- Date: Fri, 11 Jan 2002 08:59:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DEPORTATION" http://www.owlstar.com/dailyheadlines.htm http://www.canada.com/regina/leaderpost/story 'Violating my rights' Locked up in Regina's jail, Smoke remains defiant Neil Scott Regina Leader Post Charlie Smoke, the man that Canada wants to deport but the U.S. will not take, was in a defiant mood Thursday as he waited for an appearance today before an immigration adjudicator. In a telephone interview from the Regina Provincial Correctional Centre, Smoke said he believes there is "a pretty good" chance he will eventually win his case to stay in Canada. But, in the intervening time, Smoke said he was commencing a hunger strike to protest his treatment by Citizenship and Immigration officials, who snatched him from his Regina home Tuesday and then attempted to ship him across the border to the U.S. on Wednesday. Immigration officials "are violating my rights," said Smoke, adding that Canadian officials have no authority to put him in jail or to prevent him from living in Canada. Smoke's supporters, including those at the Peepeekisis Indian reserve, northeast of Regina, were also getting riled up Thursday and were planning a demonstration at noon today in front of a downtown office building, at 1871 Hamilton St., where Smoke will -- at 3 p.m. -- get his hearing. Lydia Desnomie, who is one of the organizers of the demonstration, said she doesn't understand what authority Canadian officials have to lock up "a true sovereign Indian" or to prevent him from living in Canada. Desnomie said she is determined to win Smoke's freedom and his right to live in Regina. "We're not going to quit until we have him released one way or another," Desnomie vowed in a telephone interview from the reserve. The interview with Smoke Thursday was done under unusual circumstances. Using a telephone from the jail, Smoke telephoned his wife Lisa Big Eagle, who in turn telephoned the Leader-Post on a separate telephone line and asked if the newspaper had any questions. She than acted as an intermediary, passing on the questions and answers. Smoke says he was born on an Indian reserve in Ontario but he considers himself to be a "pre-Canadian" aboriginal person rather than a Canadian citizen. And, as an aboriginal person, Smoke claims he has the right to live in Canada. But the 39-year-old Smoke lived for several years in the U.S. and Canadian officials claim he is a U.S. citizen. Smoke was escorted to the U.S. border Wednesday but U.S. officials refused to let him into the country because they determined there was insufficient evidence presented to them to prove that Smoke was a U.S. citizen. Smoke was escorted back to Regina Wednesday,and has been held in custody since then. The next step in the process will be the appearance today before the immigration adjudicator. Immigration officials have said they will continue their efforts to have Smoke deported and it is expected that today's hearing will deal only with the issue about whether Smoke will be held in custody or allowed to go free while the fight about his deportation continues. Smoke got in trouble with immigration officials after it was discovered that he was working at Scott Collegiate in Regina without the proper authorization. While working at Scott Collegiate, Smoke met Prince Charles and demonstrated some aboriginal games for the benefit of the prince, who was on a Royal tour to Canada. Copyright c. 2002 Regina Leader Post. --------- "RE: Mescalero Tribe Official's Son Charged" --------- Date: Fri, 11 Jan 2002 08:59:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MESCALERO SHOOTING" http://www.owlstar.com/dailyheadlines.htm http://www.borderlandnews.com/stories/borderland/ Thursday, January 10, 2002 Mescalero tribe official's son charged in shooting Associated Press MESCALERO, N.M. -- The son of the Mescalero Apache tribe's vice president has been jailed in the fatal shooting of a man in a Mescalero home, tribal officials said. Sheldon Shanta, 32, was shot in the back early Sunday after confronting Jericho Chino, 18, about shooting at another person, police and the FBI said. Chino was arrested by tribal police and charged with assault and battery, intoxication, negligent use of a weapon, criminal trespass and disturbing the peace, which are misdemeanors. Chino, son of tribal Vice President Freddie Chino, pleaded guilty to all charges except negligent use of a weapon, said Troy Bolen, U.S. Bureau of Indian Affairs police chief in Mescalero. Jericho Chino was sentenced to 720 days in jail and fined $1,440. FBI Special Agent Bill Elwell said felony charges could be filed in the shooting. Copyright c. 2001 El Paso Times. --------- "RE: School Age Children being Arrested" --------- Date: Fri, 11 Jan 2002 08:59:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHILD ARRESTS" http://www.owlstar.com/dailyheadlines.htm http://www.okit.com/news/2002/january/children.html School age children are being arrested for minor incidents at South Dakota School, Parents and Tribe file Complaint By Ruth Steinberger Numerous families with children in the Winner School System in Tripp County, South Dakota are angry at the way that minor infractions by Indian youth are handled by school officials. Many families have experienced their children, accused of minor infractions such as shoving and minor fights, to be removed from the school by local police, arrested and taken to the police station without notification of the parents. Parents believe that racially motivated discipline by a system that has little regard for the civil rights of youth has created an unusual set of procedures that damages their children's educational career. According to parents, the school system does not notify the family that the child is being, or has been, removed from the school. Parents are not called until after the children are booked, including finger printing and having mug shots taken, and are told they must write "their side of the story" before they are allowed to call home. The children are not told they have a right to remain silent and are not offered contact with an attorney. The statements they write out will then be used to implicate them and other children in legal action, either at that time or later on. Effectively, charges against the children are "stockpiled" for possible later use when the child has committed an infraction too minor to be charged with, at which time an earlier incident is pulled out and charges are then filed. Problems with that school system have caused an alarming number of families to move children to the Todd County School System and to consider other alternatives to keeping their children in the Winner School system. Rose Chasing Hawk told of an ordeal that started over a year ago when her son and a relative got into a minor altercation at school. The incident took place in a lunch line, no weapon was involved and no one was injured. Immediately after the incident both children were taken to the police station where after being booked, both were told that they would have to write out their side of the story. By the time Chasing Hawk was called to come pick up her son he had inadvertently implicated himself and the other child. His "statement" would later arrive stapled to court papers. Chasing Hawk explained that children don't realize that when they write, "He did this-so I did that", and it becomes a statement admitting to an action (a confession) as well as an accusation against another child. According to Chasing Hawk when she arrived at the police station, the boy was brought out to the car with a letter from the school, preventing her from going into the police station to hear from an adult what had actually happened. After the incident, Chasing Hawk asked her son if they read him his rights and the boy responded by asking, "What's that?" At no time surrounding the ordeal did any adult from the school or police department who called to tell her to pick the boy up, speak with Chasing Hawk about the event or about the arrest of her child. According to several families, at times no further action is taken at the time of the child's removal to the police station, but the "statement" will be retained by the court and often pulled out at a later time if the child has said or done something to offend someone at the school. Additionally, problems at school and in the community may be "overlapped". Chasing Hawk explained that her daughter was charged following a very minor incident in school several months after a minor incident at the local swimming pool. Though the situation at the pool was handled between the two parents with no court involvement, when the incident occurred at school several months later, the child was told she would be charged with both incidents. Chasing Hawk said she was offered the deal that if she plead guilty to simple assault from the incident in school, the incident at the pool would not be pursued. Chasing Hawk said, "They build a legal case against our children so that by the time they are young teenagers they look like hardened criminals." In the case of Chasing Hawk's son, no immediate legal action followed the original incident. However, when the other boy was later overheard making a comment that upset a teacher, the boy was immediately detained for assault and the charges were based entirely on the earlier incident. Chasing Hawk explained that this style of handling problems for Indian children is nothing new. Robert Black Feather also had a child removed from the Tripp County Middle School and taken to the police station. His daughter was told she had to write a statement and sign a form declaring herself a juvenile delinquent, before she was permitted to call home. Black Feather explained, "We have six kids and all have been subjected to various forms of racism there. For instance, kids are overheard badmouthing Indian kids with comments like, `my parents have to work to put you through school'. They're getting this stuff from the parents, when actually the situation is just the opposite. The school gets impact aid money and JOM, yet our kids are subjected to that kind of thing. The administration seems to look the other way when things are done to our children. When we go over there to defend our children, they defend their faculty." Black Feather also explained that when his daughter was taken into custody no effort was made to contact he and his wife by the school. They were not contacted by police until after she had been arrested and made to sign a paper declaring that she is a juvenile delinquent. Black Feather said, "There is no due process at all." The Black Feathers took their children out of the school and put them in school at Todd County where Black Feather said they enjoy their own culture. However, because of the distance, the children have to sleep there overnight and come home on the weekends. But according to Black Feather, in order for their children to get an education, once again Indian families are being broken up. Dana Hanna is the public defender for the Rosebud Tribe and has been authorized by the Rosebud Sioux Tribe to take action to address these issues. Hanna said, "There's supposed to be a wall between criminal prosecution and education and in Winner it's difficult to see that wall. A little school girl shoving match between two twelve year olds should not be the beginning of criminal prosecution." Hanna explained that Indian youth in Winner are routinely taken from the school into police custody with no due process. State code in South Dakota states that when a youth is taken into custody without a court order an immediate attempt must be made to contact the parents. Vonna Lopez', described an incident that happened last year that resulted in her removing her son from the Winner School District and placing him in an Indian run school in the Todd County School system for the duration of the year. Lopez' son was removed from school, arrested and booked without being allowed to call home following an incident which began when he was targeted with racist comments. Lopez said, "I'm not saying there were no problems but the reaction was way out of bounds. The process used by the school singles Indian kids out." Lopez had the same experience of the school making no attempt to reach Lopez when the child was taken off school premises and into police custody. Her son had been finger printed, and his photograph was taken by police. He explained that a girl had made comments about him being a dirty Indian. As Lopez' son made comments back, the incident escalated and the principal overheard the incident. Her son was taken to the principal's office. No other child in the incident was disciplined, including the girl who used racial slurs and taunts at Lopez son. "The principal said `we only give three strikes and you're out', this is more like the courts than a school, " said Lopez. "He was definitely singled out and he suffered a lot." Because of the way a mi