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Page SECTION B THE HERALD April 1083 Understanding Native rights in Constitution Canada la on the thres hold of a changed rela with the decend- of its original people On April 17 Her Majesty queen Elizabeth proclaimed in force a Law called the Constitutional Act That law Is the last of Canada a Constutlon- laws that will have to be enacted by Greut Brit ain That is because a part of thai law gives to Can ada the power to amend Its own constitution a power we did not have before April 17 Henceforth when our provincial and federal governments a gree to add special rights to our beyond those that are now guaranteed to us they can be added by Canadians by follow ing the procedure set out in Part V of the Constitu tional Act To understand the changes affecting native people that might take place because of our new constitution It is impor tant to look at the law under the older part of our constitution The Brit ish North America Act Act The Act passed in gave Canadas fed eral government the pow er to make laws about Indians and Indian lands But who was to aay who actually was an Indian in 1867 The term was Invented by the first Eur opean settlers In Canada not by Canadas native people Since It is when creating a law to know who the law applies to the federal parliament set out a de finition of Indian In the Indian Act By using thla definition Parliament created the concept of status as an Indian If you fit the definition of an Indian in the Indian Act you had status an an Indian Having status as an Indian means that you had certain property and voting rights on the re serve set aside for your Band Status as an Indian is In effect a passport to membership In the Band and to the rights that flow from membership in the tadlon persons reserve since the Indian Act was first passed is who has and who does not nave status as an Indian This problem arises for two reasons First the Indian Act sets out sever al ways In which a status Indian can lose status For example The Indian Act says that when an Indian woman marries a nonIndian she loses her status and her children may lose their Secondly It has never been clear just who was Included under the term Indian as it was used In the 1867 Act For example In a court case in the Supreme Court of Canada decided that Inuit people should be considered Indians a result of this decis ion the Federal passed an amend ment to the Indian Act to say that were not Included Does the Constitution change things for our native people The an swer la not clear The problem lies In the word ing of the Constitution Act 1362 The Constitution Act introduces new words to refer to Can original people It recognizes and affirms that the aboriginal peo ples of Canada Including Indian Inuit and Metis people have certain rights But what rights does the Constitution Act say that aboriginal peo ple Section soys their existing abor iginal and treaty rights are recognized and af firmed The wording used In the Constitution poses some real difficulties First what exactly are aborig Inal and treaty rights Our courts have never said what property rights or rights to land and resources ore Included In aboriginal rights Second ly what rights arise from the treaties and what do these rights mean today For example If a treaty promises a medicine chest does that mean in todays terms a promise of free hospitalization and medical treatment Third the rights by our constitution existing aborig inal and treaty rights Does this mean that if some of those rights were lost before our 1B83 Con recognized them that they no longer Legally Speaking a CLEO publication exist and are therefore will happen if this occurs claiming her rights under to call to section Representatives of relationship between Can not protected For example an Indian a treaty of the Constitution Act the aboriginal people will and her aboriginal There will also be woman who has lost her Many of these and other The conference Is to be there The conference peoples for another about whether the status under the Indian questions should bo ad Identify and define the Is called for March 15 and the Prime Mini- prelected by the Act may be able to claim dressed at Const rights of the aboriginal is the provincial conflict with membership in her Band Hon Conference that the peoples Of Canada for The results of the con- Federal taws and what and rights to property by Prime Minister is obliged addition to the Const lu- will fashion the Continued on Page MAPLE LEAF HOCKEY BROADCAST GOAL RUSH CONTEST you could wins Gift Certificate each time a Maple Leaf player scores a goal Name Address Phone SPRITE SUGAR FREE SPRITE OR REGULAR OR DIET CocaCola Case of 24 OUR REGULAR PRICE 999 REGULAR OR SUGAR FREE SPRITE OR REGULAR OR DIET CocaCola 2 PACK 750 OUR REGULAR PRICE EACH AUTOMATIC REGULAR OR DRIP COFFEE Maxwell House 59 OUR REGULAR PRICE 69 Peanut Butter 99 1kg tar OUR REGULAR PRICE 1PLY BATHROOM TISSUE ASSORTED COLOURS White Swan Tissue 39 OUR REGULAR PRICE I MACARONIS CHEESE A P Dinner 289 COME ON DOWN AND SAVE Youll do SPAGHETTI SPAGHETTINI OP READY CUT MACARONI Lancia Pastas 69 ALL PURPOSE OR CAKE PASTRY Monarch Flour kg BAG 179 OUR REGULAR PRICE 19 OUR REGULAR PRICE 99 PRODUCT OlnCANADA LAWN GARDEN AERO GRIIn Fertilizer 20 bag CANADA NO 1 GRADE PROD OF CHILE PRODUCT OF CALIFORNIA SWEET SEEDLESS SIZE 138 S CANADA FANCY PROD OF ONTARIO Red Delicious Apples Red Grapes Oranges Red Delicious A 2 OUR REGULAR PRICE OUR REGULAR PRICE lb PROD FLORIDA JUICY SEEDLESS JUMBO Pink Grapefruit 5 1 CANADAEXFANCY PROD Oh Delicious Apples 09 CANADA NO GRADE PROD OF TEXAS Green Cabbage 59 CANADA NO 1 GRADE PROD OF ONTARIO Fresh Carrots PRODUCT OF CALIFORNIA fln Green Onions I BAKED GOODS PRODU I OF FLORIDA FRESH QUEEN Escarole or Endive 59 CANADA NO PROD OF CHILE 0 Pears Fresh Spinach 98 CANADA NO I GRADE PROD Baking Potatoes LIS 99 PRODUCT OF ONTARIO rt Bean Sprouts 1JP2J Health Aids Gintral Mirchindlsa 1 PRODUCT OF CALIFORNIA SWEET RIPE Strawberries PRODUCT OF S A REOENBACHER GOURMET Popping Corn tfl PROD OF CANADA OF Fireplace Logs 2 1 CANADANO PROD Cooking Onions 99 PROD OF FLORIDA BEAUTIFUL BLOOMING Azaleas ST FROZEN FOODS JANE PARKER SLICED Raisin Bread OUR REGULAR PRICE 1 LOAF NEWBORN WITH GATHERS BOX OF FROZEN ASSORTED VARIETIES 450 g LOAF 89 Pampers QC99 Diapers OUR REGULAR PRICE FARMS SLICED Bran Bread JANE PARKER Spanish Bar Cake JANE PARKER HAMBURGER RUNS OF Wiener Rolls JANE PARKER Apple Pie PARKER ORANGE Chiffon Cake ASSORTED VARIETIES Quick Loaf Mixes MONARCH VEGETABLE OIL Soft Margarine KRAFT Mayonnaise toil 69 i149 I 199 Tl69 MINT MacLeans Toothpaste 159 Brylcreem IT 289 MOUTHWASH MM Listermint 399 MAXISIZE REGULAR OR DEODORANT New Freedom Pads ASSORTED COLOURS WHITE WAN LUNCHEON Serviettes Swanson Dinners OUR REGULAR PRICE UP TO if FROZEN FANCy SWEET PEAS OR CORN Green Giant Vegetables 89 Totinos Pizza IMPORTED ASSORTED Fancy Biscuits TEIRABRIK Tang Fruit Drinks 169 89 499 Hash Browns FROZEN Fish Sticks High liner 69 a 189 189 Plum Tomatoes OUR REGULAR PRICE 123 BRAVO PLAIN 28 TIN 79 14 TIN 79 OUR REGULAR PRICE 25 Cod Fish Chips VANILLA OR CHOCOLATE Silverwood DESSERT STYLE Silverwood 2S99 HOLIDAY Orange Drink 189 OUR REGULAR PRICE lb