VANCOUVER ISLAND - October 10, 2002 - Approximately 20 First Nations Coast Salish Signatories, in a surprise move, threw a monkey wrench into British Columbia's Treaty Process by issuing a declaration of independence from the Cowichan Tribes Indian Band. The declaration comes in the wake of long-standing unresolved concerns of Cowichan Band members over fiscal irresponsibility, lack of accountability, transparency or redress - and what is perceived as on-going nepotism, graft and corruption in their Band Administration by the Chief and some members of the Cowichan Band's Council.

     This move also comes on the heels of the Minister of Indian Affairs, Robert Nault's re-introduction of his "Governance Initiative".

     Unhappy band members declare that Robert Nault's department has never heeded their warnings about financial problems and accountability with their band leadership, and has stonewalled their requests for forensic audits and disciplinary action for the current (and former) Chief and Councils' lack of adherence for nearly four years regarding the Comprehensive Funding Agreement (a yearly contract between their band and the Department of Indian Affairs [DIA] which each year provides for 10s of millions of dollars in core funding).

     The "Indian Act" allows Indian Band members only one mechanism for formal redress regarding their accountability woes. Section 11(4) of the Indian Act deals with "Where Bands Amalgamate or Divide".

     So signatories to the "Declaration" presented documentation invoking this provision of the Indian Act to provide legal justification to divide their Band and return to their traditional governance. This report was introduced to the main table of negotiations between the Province, Feds and the Hul'qumi'num Treaty Group.

     The Cowichan Tribal area was the site of considerable controversy this summer over a so-called "Community Improvement Fee" tax. This tax was unilaterally imposed on Band Members without their consent - and strictly against the very specific direction given to Former Band Officials in August 2000 which required a properly balloted referendum, garnering 50%+1 support of the entire membership before imposition of the quasi-GST tax on alcohol, fuel and tobacco products could be levied. The new tax has merely replaced the GST for non-natives - but has increased the costs for purchase of these goods for all First Nations people buying them on the Cowichan Tribes reserve.

     Three days after the tax came into effect on June 3rd, angry protestors occupied the Band Office for 8 hours - demanding that the tax be repealed until a proper referendum was held.

     The Chief and Council promised to hold that referendum, and to revoke the tax until such a time as a referendum indicated majority support from the membership - but reneged on that promise and later ran what Band members called a "rigged" open vote on July 23rd.

     When Chief and Council broke their promise, approximately 150 Band members, including 35 elders, picketed the Band Office on June 10th demanding that the Chief and Council keep their promise. The response by Chief and Council to the proposed protest at 1:00 that afternoon - was to shut down the entire band office at 9:00 am the next day - which resulted in the denial of vital services like Health, Welfare, and Child and Family services.

     The 20+ Signatories to the declaration having been unhappy with the status quo for some years, simply want to return to a more traditional and more representative model of governance that is based more on "Snuywueth" or "traditional laws and teachings" rather than the dictates of the Indian Act bureaucracy which many blame for the band's current housing, financial and poor accountability woes.

     Band welfare recipients were later told that if they were caught participating in the protest that they would not be allowed to enter the Band Building to gain access to social services. Historically, the Cowichan Tribe has consisted of 7 Nations - Somena, Comiaken, Quamichan, Clemclemaluts, Khenipsen, Koksilah, and Kilpahlas (each Band having its own "Chief" and a few Councilors to represent them).

     In the 1940's hereditary leaders were removed by the Indian Agent, and the Bands were amalgamated under the promise of "free housing" for every family.

     Two of the families involved in the initial Declaration of Independence are owners of large swaths of land - which they say will form the basis of the initial traditional reserve for Somena Peoples. The band signatories plan to purchase more lands from non-natives and businesses in the Traditional Title areas of Somena and associated families' lands and annex them to the "new" reserve as needed.

     The "new band" is emphatic that nobody is going to be forced to join the new band, and while they wish their fellow Cowichans well in the future under the governance of the current "Chief and Council" of Cowichan Tribes - they simply want no part in being governed by that body of representatives.

     Signatories also declare that they are going to use the opportunity of forming their new band to engage in a model experiment of economic development - i.e. the creation of a low-tax/no-tax territory for ALL people who wish to conduct business or come and shop on their new reserve. Essentially the Somena group suggests that since the Federal Government has vacated the collection of GST from non-natives in this region, on alcohol, fuel or tobacco products, that this tax-free status will continue.

     This will mean that non-natives in this region will be able to enjoy the same tax breaks as First Nation persons when they shop for those products on the reserve.

     Meaghan Walker-Williams, a spokesperson for the new Somena First Nation, explained, "The Cowichan Tribes government has had the right to levy taxes in their territory recognized by the Canadian Federal Government - All we are doing is saying that if this is a true form of self-government and we have the authority to tax, it's up to us, as the original owners, occupants and sovereign peoples of our territory to set the rate at which taxation will be applied to all people in our territory. In our case, we wish to eliminate the collection of this oppressive and 'temporary' tax by the Chretien Federal Government and successive governments."

     The new band, at present does not wish to seek any form of Government funding from the Province and the Feds and instead wishes to raise capital, revenues and funding through private ventures and partnerships with non-natives who would be interested in working with the Band in developing it's "low/no tax" or "duty-free" zone.

     They ask that the Federal and Provincial Governments put any money that would ordinarily be given to the Cowichan Band for services and programs into a Trust Account - should the "no-tax/low tax" or "duty-free" zone fail, or if the Federal Government does not accept their jurisdictional rights to set the rate of taxation.

     That "Trust money," could ultimately be used in a device similar to the Alaska Permanent Fund - which is a kind of "reverse taxation" program in Alaska, which pays for Government services and infrastructure from the profits of the Trust, while not seeking any tax-funded support from Alaska residents.

     The new band members believe that in short order the creation of a "no/low tax, Duty Free Zone" - will produce immense benefits - not just to the New Somena Nation, but to all Cowichans, and their non-native neighbors in this region, who are already living under terrible conditions in the face of a damaged forest industry, a slowed economy and massive government cutbacks. Like Freeport Bahamas, Hong Kong, or the Jebal-Ali Freezone - this First Nation wishes to bootstrap its way to financial independence from Taxpayers - by focusing on "free-market" solutions to the terrible problems associated with poverty that plagues so many First Nations communities.

     The novel idea - which has been promoted over the last 3 years by Somena members in National, Regional and local print, has been explored by other Bands across Canada. Notably the Mohawk First Nations, who declared a "tax-haven" two years ago along the St. Lawrence river. The difference in approach between the Mohawk "tax-haven" and the Somena "duty-free" zone, is that the Somena people have no wish to flaunt current tax laws - or break the law in challenging it. However, they do want to have the laws changed, by Treaty Negotiations with the Federal Government to make this "duty-free" zone happen.

     "If Airports across Canada can do this, why can't we? I think non-native Canadians are getting a little sick of the paternalistic approach to Native Affairs. They are tired of their hard-earned money being wasted on programs to benefit Aboriginal people, when it's so clear that very few Aboriginal people are actually benefiting from the billions being spent on us."

     "Help us - not by giving our Band any money, but by letting us, and our visitors, be economically free on our lands - then we will never seek a hand-out from already over-burdened Canadians, for the rest of our lives."

For more information call Meaghan Walker-Williams at +250-746-4500
E-mail: somena1@shaw.ca
Full copies of the petition available upon request.