French owned Areva has its operatives up in Nunavut trying to bedazzle and baffle the Inuit with coffee, donuts and door prizes. Areva tells them everything we know about nuclear is wrong and outdated. Meanwhile, in New Mexico, the Navahoe are still waiting for compensation over the Church Rock Uranium Tailings Spill 31 years ago. And in Niger, Areva employees kidnapped in September are still missing. People there know just how badly Areva treats people in the here and now with its uranium mining operations.
If you have contacts in the north, they really need to get the facts.
Kittoh
<kittoh@storm.ca>
http://nnsl.com/northern-news-services/stories/papers/nov10_10aq.html
Areva answers questions
Darrell Greer
Northern News Services
Published Wednesday, November 10, 2010
RANKIN INLET/KIVALLIQ - Areva Resources Canada began its most recent Kivalliq tour of open houses to answer questions about its Kiggavik uranium project near Baker Lake this past week.
Areva vice-president of safety, health environment and quality Dale Huffman dipslays a cup that was once made with radioactive material for the simple reason it was yellow during an open house in Rankin Inlet in November of 2010. - Darrell Greer/NNSL photo
The tour began in Baker and continued on to Rankin Inlet, Chesterfield Inlet and Repulse Bay.
After concluding in Repulse today, it will head to Coral Harbour, Whale Cove and Arviat.
A steady stream of people moved in and out of the community hall in Rankin to view a number of presentations and displays, as well as ask questions of a number of Areva personnel present for the event.
Areva vice-president of safety, health, environment and quality Dale Huffman said misconceptions still exist about radiation.
Huffman said people often talk about the uranium past, not the uranium present. He said radioactivity is, generally, something people don't understand.
"We've been trying to bring more information, tools and props to show people what radiation looks like," said Huffman.
"People fear radiation because they can't see it and don't understand how it works. We have instruments that can measure radiation and when you can measure something, you can manage it. That's something the uranium industry has become very good at over the years."
Huffman said many opinions on radioactivity and environmental issues have been formed based on practices of the 1920s to the 1950s.
He said the industry has learned from its past and is substantially better now.
"Radiation protection is actually quite a success story in terms of where it's come from and where's it at now. There were very high exposures to radon gas in the past, but that's all changed now.
"Our standards and measurement techniques are vastly improved. In modern uranium mines, there are no observable lung cancers above what would be seen in the general population and that's quite a success."
Huffman said if the Kiggavik project goes ahead, waste will be put into a tailings pit, and Areva will have to demonstrate over the long term that there will be no effects from that material.
He said the tailings are a manufactured product, not just waste.
"The waste is mixed with a collection of waste produced from the mill circuits that actually dilute the material.
"Yes, we are putting our waste back into a hole and covering it with dirt, but we have to make that material stable and, to get approval for the project, we have to demonstrate in advance that it will be safe to the environment.
"We also have to have a decommissioning plan in place on how to close the place down, and mitigative measures are generally in place to test the assumptions and science we advocate during the environmental assessment. So, as we go through time, things get increasingly certain."
Rankin Inlet economic development officer Damian MacInnis said the meetings were informative.
He said the material and information on display at the event showed people the Kiggavik project is not all about negative impacts.
"There would be a lot of areas positively impacted if this project goes ahead," said MacInnis.
"We hear a lot from groups in the south trying to push the negative side of uranium mining, but it's been proven to me there's a lot more positive than negative.
"I've listened to both sides and unless someone shows me something I'm not aware of, I'm fully in support of the project going ahead."
Luis Manza is the director of lands for the Kivalliq Inuit Association (KIA).
Manza said the Rankin meetings went well and he's impressed by the measures Areva takes to get information out to Inuit beneficiaries.
He said Areva is doing more than expected in giving everyone a chance to consult and have their concerns heard.
"Areva has been very consistent in getting information out, and it will be meeting with the KIA to address the labour force, so it was a very positive event," said Manza.
"This is a very strong company with deep pockets, and when it says it's going to do something, from what I've seen, it follows through.
"When a beneficiary had a question, they made sure they understood exactly what was being asked before responding to it.
"And they brought radiation technologists to show people, in a very clinical way, how radiation works and is monitored at a mine site, and how the decommissioning of a mine and its waste material has been carefully developed from an engineering point of view."
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for 3Mb pdf on areva explorations go to this link:
http://www.arevaresources.com/exploration/overview/
http://www.kiggavik.ca/
November 5th, 2010 - From Baker Lake to Rankin Inlet
author: AREVA-admin
The Kiggavik Project team has spent the last week in the Kivalliq region conducting open houses. So far, we have been to Baker Lake and Rankin Inlet to meet with local people. The intent of the open houses are to provide information on the Kiggavik Project, answer questions, and importantly, gather feedback from the public. This feedback is very important to us and we will use the information in our Environmental Impact Statement.
Never been to an open house and not sure what to expect?
Our open house is a "come and go" format. We have posters setup around a gym with nearly ten staff on hand, a Saskatchewan Elder, and a translator who will all help guide you through the project. Our staff includes technical experts on project design, radiation, environment, and wildlife. We are all here to answer your questions and provide you with more information on the project. Many of these conversations occur over coffee and snacks that are provided.
When we have a good crowd of people, we do an overview presentation and explain AREVA's commitments to the environment, safety, wildlife, and society. After each presentation we draw for door prizes!
Radiation Education is Popular
In our past consultations, we have been asked to talk more about radiation. We listened, and this tour, we brought along some of our radiation experts, Kristine and Dale.
They do an interesting and effective demonstration on radiation. We took a video of the demonstration and will post it sometime soon. We are also showing a new video on radiation, which you can view here.
Come and talk!
We have more open houses planned in the next week. We are flying to Chesterfield Inlet today. Click here for the full schedule. If you can't make it, please take the time to ask questions here on the blog. We just launched a new survey to get your feedback on a number of important factors. Click here to fill out the survey.
http://groups.yahoo.com/group/FirstPeoplesNews
Why rethink Christopher Columbus?
Students at Jefferson High School in Portland, Oregon, commemorated the 500th anniversary of Columbus's arrival in the Americas by launching a school-wide "discovery." They invaded other classrooms, stole teachers' purses, and claimed them as theirs. Adapting a lesson described in the first edition of Rethinking Columbus (p. 17 in this edition), students emptied a purse in front of a teacher and her class, then remarked on its contents: "This sure is good gum, think I'll have a piece ... or two; you all know this is my purse, 'cause this is just my shade of lipstick." Kids in the assaulted classrooms figured out what was going on only when the invaders compared their "discovery" to Columbus's "discovery." The high-school students, with advance permission from other teachers, led discussions and described Columbus's policies toward the Taíno Indians on Hispaniola. They concluded by offering black armbands to students as a way to demonstrate solidarity with Native Americans' 500 years of resistance.Just two years before, in October of 1990, theChicago Tribune had promised that the Columbus Quincentenary would be the "most stupendous international celebration in the history of notable celebrations." The Portland students' "Discovery Day" is not what the Tribune had in mind.
Prompted by widespread Native American activism leading up to the Quincentenary, educators throughout the Americas re-evaluated the social and ecological consequences of the Europeans' arrival in 1492. Teacher unions, community groups, social justice organizations, universities, and school districts initiated workshops and teach-ins. New curricula, videos and children's books appeared. In 1991, Rethinking Schools published the first edition of Rethinking Columbus, which subsequently went through seven printings and sold 225,000 copies. We were pleased to be a part of a movement to question a myth that dismissed the very humanity of entire peoples. We believe this critical work by so many has made a profound impact in schools.
But we have a long way to go. Too many children's books, textbooks, and curricula continue to tout the traditional Columbus myth. For many youngsters, the "discovery of America" is their first curricular exposure to the encounter between two cultures and to the encounter between two races.
The "Columbus-as-Discoverer" myth teaches children whose voices to listen for as they go out into the world - and whose to ignore. Pick up a typical children's book on Columbus: See Chris; see Chris talk; see Chris grow up, have ideas, have feelings; see Chris plant the flag... In these volumes, native peoples of the Caribbean, the "discovered," are portrayed without thoughts or feelings. And thus children begin a scholastic voyage that encourages them to disregard the perspectives, the lives, of people of color. Both the words and images of the Columbus myth implicitly tell children that it is acceptable for one group of heavily-armed, white people from a "civilized" country to claim and control the lands of distant non-white others.
During the Quincentenary, a more "balanced" approach to European/Native American conflict also emerged. According to a Library of Congress-produced curriculum that exemplified this seemingly neutral inquiry, "The story of the Americas, more than any other area of the world, is the story of peoples and cultures coming together," resulting in"a cultural mixture." This newer framework suggested that world history since 1492 has been a series of trades and trade-offs. "They" gave "us" the potato, corn, and a great deal of gold. "We" gave "them" the horse, sugar, and, regrettably, germs. This process planted "seeds of change," in the words of the Smithsonian Institution. While offering important insights, this approach failed to address questions of the origins of racism, economic exploitation, and resistance.
In this new edition of Rethinking Columbus, we try to offer an alternative narrative. Our goal is not to idealize native people, demonize Europeans, or present a depressing litany of victimization. We hope to encourage a deeper understanding of the European invasion's consequences, to honor the rich legacy of resistance to the injustices it created, to convey some appreciation for the diverse indigenous cultures of the hemisphere, and to reflect on what this all means for us today.
We have tried to provide a forum for native people to tell some of their side of the encounter - through interviews, poetry, analysis, and stories. The point is not to present "two sides," but to tell parts of the story that have been mostly neglected.
It would be nice to think that the biases in the curriculum disappear after Columbus. But the Columbus myth is only the beginning of a winners' history that profoundly neglects the lives and perspectives of many "others": people of color, women, working-class people, the poor.
Columbus's Legacy
Columbus is dead but his legacy is not. In 1492, Columbus predicted, "Considering the beauty of the land, it could not be but that there was gain to be got." From the poisonous chemical dumps and mining projects that threaten groundwater, to oil spills on the coastal shorelines to the massive clearcutting of old-growth forests, Columbus's exploitative spirit lives on.Likewise, the slave system Columbus introduced to this hemisphere was ultimately overthrown, but not the calculus that weighs human lives in terms of private profit - of the "gain to be got."
We've featured essays and interviews that underscore contemporary resistance to the spirit of Columbus. We believe that children need to know that while injustice persists, so does the struggle for humanity and the environment.
In a very real sense, most of us are living on stolen land. However, this knowledge must not be used to make white children feel guilty. There is nothing students can do to change history. And they should not feel responsible for what others did before they were born. However, we hope the materials inRethinking Columbus will help you teach that people of all backgrounds do have a responsibility to learn from history. We can choose whether to reverse the legacy of injustice or continue it. This is one reason that we've made special efforts in this edition to highlight people who have chosen to stand for justice.
We hope that these materials will also help students to discover new ways of understanding relationships between society and nature. Even the very words used by different cultures to describe the natural world are suggestive: compare the West's "environment" - something which surrounds us - to native peoples' "Mother Earth" - she who gives us life. Native views of the earth challenge students to locate new worlds of ecological hope.
Through critiquing traditional history and imagining alternatives, students can begin to discover the excitement that comes from asserting oneself morally and intellectually - refusing to be passive consumers of official stories. This is as true for 4th graders as it is for juniors in high school. Students can continue to renew and deepen this personal awakening as they seek out other curricular silences and sources of knowledge.
As the scholar Edward Said noted, "Nations are narratives." For too many, this country has been a narrative that started with the myth of Columbus. It's time to hear other voices. We offer this second edition of Rethinking Columbus as our contribution to a many-sided and ongoing discussion about the future.
Click here to go back to the Rethinking Columbus home page, or here to view the .pdf version of the RC Table of Contents.
Introduction
Beginnings
Elementary School Issues
Rethinking Thanksgiving
The Trial (The People vs Columbus, et al.)
The Taínos
Secondary School Issues
Contemporary Struggles
Environmental Issues
Final Words
Resources
FIRST NATIONS FILMS www.firstnationsfilms.com
ORDER NOW - FOR CLASSROOM, EDUCATORS, LIBRARIES (all films distributed on DVD with Public Performance Rights)
The Medicine Wheel (native spirituality)
Whose Land is This? (land settlement)
Making Treaties (land settlement)
Role Models (inspiration for our youth)
Beat of the Drum (native music)
Native Women: Politics (history)
Reclaiming Our Children (wellness)
The Residential Schools (other side)
Living in Two Worlds (old and new)
Sleep dancer (a dramatic journey)
Vanishing Links (returning to her roots)
HIV - If There's a Will ..(native people)
Indianer (honoring First Nations)
Echoes of the Sisters (breast cancer)
Kinja Iakaha (from Brazil)
The Storytellers (truth and honor)
The Pipe Makers (making the pipe)
Medicine People (ceremonies)
Sacred Buffalo People (culture)
FIRST NATIONS FILMS www.firstnationsfilms.com
"Stupid Indians" ... "Indians are of no use" ...
"Indians don't understand anything or how to do anything"
These are the kind of insults, from supervisors, made to indigenous workers at Giumarra Vineyards. And you can imagine the treatment that goes along with this attitude. Please read the below alert and then take action.
In January we reported that a young woman, 17 years old, was harassed sexually by a co-worker at Giumarra. She complained to the company about the unwanted sexual advances, and the company did something.
When she and fellow workers complained, they were fired.
These workers are all members of indigenous groups from Mexico. In a lawsuit filed by the former Giumarra employees who are Plaintiffs in the lawsuit, they claim they were the targets of abuse, insults, and discrimination by Giumarra supervisors just because they are indigenous.
The Kroger grocery chain is one of Giumarra's biggest customers. Giumarra may not care what you think, but Kroger's will. Kroger has the power to get Giumarra to clean up its act. Tell Kroger's that you, as a customer, will not accept this treatment of the workers who tend and pick the produce that we eat. Tell them to use their power to promote the social responsibility they say they believe in.
Indigenous farm workers are doubly vulnerable. Anti-immigrant sentiment leads to serious discrimination. And they face additional cultural and linguistic barriers because they are indigenous peoples.
Take a stand for indigenous rights. Tell Kroger to do the right thing.
http://action.ufw.org/page/m/3bed9d91/1456dfdd/462aab7f/2b46be18/270738600/VEsO/
* The Krogers grocery chain includes Ralphs, Food for Less, Fred Meyer, QFC, Frys, Baker's, City Market, Dillions, Foods Co, Gerbes, Hilander, JayC Stores, King Soopers, Owen's Market, Scotts Food & Pharmacy, Smiths Food & Drug, Smith's Marketplace, Turkey Hill, and more.
After you take action please share this campaign with your friends and family. You can send them an e-mail, post this campaign on your Facebook and/or Twitter page by clicking here or going tohttp://action.ufw.org/page/m/3bed9d91/1456dfdd/462aab7f/2b46be67/270738600/VEsHBA/
Check out our website at: www.ufw.org and keep up with the latest news.
Check out the UFW's Social Networking pages. Click to visit our Facebook Fan Page, Facebook Cause, YouTube, Flickr, MySpace,and Care2 pages. Please link to us and become our "Friend" and follow us on Twitter too!
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If you want to change your mailing address and/or phone number click here
If you want to receive our alerts at a different e-mail address, send an e-mail to ufwofamer@aol.com
Please add us to your safelist: Please add ufwofamer@aol.com to your address book so that our messages don’t get trapped in your spam filter. If you have questions about how to do this, drop us an e-mail.
I am writing this letter concerning the impeding destruction of a sacred Native American site for the proposed Sports Complex. I am writing this letter on behalf of the Strong Heart Preservation Movement in Jacksonville, Alabama. I am the Co-director of this group and our work involves educating the public on the important of cultural preservation. My husband and I are both teachers who realize the importance of the human-nature connection. This connection defines us as human beings as well as identifies our interconnectedness to all life. Our prehistoric ancestors honored our connection to nature and all life, which is exemplified through sacred sites such as located in Oxford, Alabama. Modernity and economic development threaten this connection and convolutes our identities as human beings. It is up to all of us to act as a social and moral conscience to protect these sacred sites so that we preserve our identities as human beings. We learn from the past so that the present and future are better. We must think of our children and their children’s children. We have to set the positive examples now so that these sacred sites are more than a picture in a book, but very real and intact. These sacred sites are important to all of us, of all cultures and ethnicities, because they do signify our identities as human beings and define our cultures as well as exemplify and honor our spiritual essence. We can do it, and we will do anything possible to ensure that this sacred site is not further destroyed. The past must be preserved so that, in the future, our children are not lost and suffering. I thank you for your time.
Sincerely,
Cora Dunaway
Co-Director Strong Heart Preservation Movement
League of Indian Nations of North America Counselor
cbell420@yahoo.com
Leon Smith, Mayor
City of Oxford, Alabama
Attention: Mayor Lean Smith
145 Hamric Drive East, P.O. Box 3383
Oxford, Alabama 36203
http://www.facebook.com/l/800b6Qz3t7toVbpZBWvly_J9hLw;www.oxfordalabama.org/Default.asp?ID=672
2. Phil Gardner, Councilman Place 1
Home Phone: 256-831-9518
Email: philgardner@bellsouth.net
City of Oxford, Alabama
145 Hamric Drive East, P.O. Box 3383
Oxford, Alabama 36203
3. June Land Reaves, Councilwoman Place 2
Home Phone: 835-0714
City of Oxford, Alabama
145 Hamric Drive East, P.O. Box 3383
Oxford, Alabama 36203
4. Mitch Key, Councilman Place 3
Home Phone: 831-8968
City of Oxford, Alabama
145 Hamric Drive East, P.O. Box 3383
Oxford, Alabama 36203
5. Chris Spurlin, Councilman Place 4
Council President
Home Phone: 835-1323
Email: lbcchris@bellsouth.net
City of Oxford, Alabama
145 Hamric Drive East, P.O. Box 3383
Oxford, Alabama 36203
6. Steven Waits, Councilman Place 5
Home Phone: 831-8105
Email: steven.waits@alacare.com
City of Oxford, Alabama
145 Hamric Drive East, P.O. Box 3383
Oxford, Alabama 36203
7. Mr. Patrick Robbins
Department of the Army
Mobile District, Corps of Engineers
Attention: CESAM-DX
Post Office Box 2288
Mobile, Alabama 36628-0001
(251) 690-2512
ervin.p.robbins@usace.army.mil subject line: Concerning Sports Complex in Oxford, Alabama@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
Immediately Available - Open Until Filled
The National Indian Education Association is seeking resumes from highly motivated individuals to work on a full time basis as the Director of Policy who will lead NIEA’s educational policy efforts and manage an education grant presently held by the organization.
Position Summary
The Director of Policy position will be responsible for managing a NIEA grant and ensuring the goals of this grant are being met. The position will also focus on furthering NIEA’s mission through effective educational research and national policy advancement. The position supervises a Policy and Research Associate and interns recruited to support the policy team’s efforts. The position reports directly to the Executive Director.
A key role of this position is to create connections between research and policy, to monitor and analyze existing research trends, and to suggest and develop future research needed to improve educational outcomes for Native children.
Essential functions of the position include: manage the daily operations of a NIEA grant and NIEA’s high school policy agenda; collaborate with taskforce members, educational leaders, federal, state and local educational partners, tribal leaders, and other partners to advance the grant and NIEA’s broader policy and educational mission; develop briefing papers, talking points and policy materials and work with other staff to communicate this information to appropriate audiences; attend, advocate and provide training on NIEA’s educational policies at meetings, conferences, workshops, and forums; assist in developing NIEA’s research agenda and building a strategic plan to accomplish it; supervise the Policy and Research Associate and assist in achieving the goals of the grant and the educational and policy goals of the agency; work closely with NIEA Executive Director and other members of the NIEA team to advance NIEA’s educational and policy objectives; build strategic relat! ionships with researchers, legislative staffers, federal, state and tribal educators to achieve the policy goals of the organization.
Qualifications
Master’s degree required, Ph.D. in education or related field preferred. Emphasis on Native education policy issues preferred.
Minimum of 7-10 years of experience in public policy, government relations, research, and Indian and/or Native education desired.
Knowledge, commitment, and at least 7-10 years experience in Native education across the p-20 spectrum, including experience addressing high school issues and driving and implementing education reform, especially for Native children.
Familiarity and experience preparing policy instruments and communicating with policymakers and other strategic partners to improve the education of Native children.
Excellent written and verbal communication and interpersonal skills.
Creative problem solving and organizational skills.
Ability and proven track record of successfully working as a part of a team.
Ability and proven track record of designing assessment and measurement tools to measure the impact of policy changes adopted and implemented.
Ability to create and maintain relationships with strategic partners and to build and monitor a database of research policy issues.
Must be proficient in Microsoft Office programs (Word, Excel, PowerPoint) and should have significant experience with contact database management. Website writing and HTML experience is a plus.
Compensation
Lower end of salary range is $65,000 per year, upper end of salary range is dependent upon qualifications, experience, and budget. Competitive benefits provided.
Contact Information
NIEA will be accepting resumes and writing samples (3-5 pages) from qualified applicants. Please complete the attached application (see below) and send with cover letter, resume, writing samples and the names of three references who are familiar with your ability to accomplish the requirements of the present position tondewire@niea.org or fax them to 202-544-7290, attn: Nancy Dewire.
Click here for the Director of Policy employment application. @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
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For The HTML Format of the Newsletter:
(Having Problems With The Links? Try this version instead.)http://www.cherokee.org/home.aspx?section=newsletter&Date=11/15/2010
<BR>AOL - <A HREF="http://www.cherokee.org/home.aspx?section=newsletter&Date=11/15/2010">11/15/2010 Newsletter</A>
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Osiyo,
The Cherokee Nation honored our country’s veterans and celebrated the pending construction of a new veterans center at the tribal complex south of Tahlequah, OK. last Wednesday. The Cherokee Nation is asking for your help in the search for Cherokee "code talkers". Read the details here:http://www.cherokee.org/NewsRoom/FullStory/3399/Page/Default.aspx
To see photographs of the Veterans Day ceremony, view the slide show in the "Check It Out" section ofhttp://www.cherokee.org.
Cherokee Nation volunteers will once again be donating their time and expertise to file federal and state income tax returns for those earning less than $50,000 annually and living within the Cherokee Nation’s 14-county jurisdiction. To learn more, read the entire story here: http://www.cherokee.org/NewsRoom/FullStory/3401/Page/Default.aspx
The newly-redesigned Cherokee Nation College Resources Center is open in the W.W. Keeler Tribal Complex near Tahlequah, offering assistance to qualified college-bound students in many different areas ranging from scholarships to college and university information in general. You can learn more here: http://www.cherokee.org/Services/179/Page/default.aspx
Wado! (Thank you)
Cherokee Nation
P.O.Box 948
Tahlequah, OK 74465
918 453-5000
communications@cherokee.org
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***Cherokee Nation News***
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Newly Approved Trust Land Slated for Economic Development: 11/10/2010 7:57:00 PM
(C) Cherokee Nation
Cherokee Nation is pleased to report that the Department of the Interior announced today that the Cherokee Nation is “eligible to conduct gaming activities on newly acquired trust lands.” This land is located at the intersection of Highway 62 and Highway 82 south of Tahlequah. Below are comments from Principal Chief Smith and CNB Chief Executive Officer David Stewart.
http://www.cherokee.org/news.aspx?id=3397
Cherokee Nation Marshal Service Loses Beloved K-9 Officer: 11/10/2010 9:37:00 AM
(C) Cherokee Nation
The Cherokee Nation Marshal Service lost a devoted K-9 officer recently. Ringo, a Belgian Shepherd, was a nine year veteran of the service. He was humanely euthanized last week following a ruptured tumor.
http://www.cherokee.org/news.aspx?id=3396
Cherokee Nation Announces Holiday Closures: 11/9/2010 4:39:00 PM
(C) Cherokee Nation
Cherokee Nation is announcing scheduled closures at tribal offices during the upcoming holiday season.
http://www.cherokee.org/news.aspx?id=3395
Cherokee Nation Fills Medical Director Slot at Health Center: 11/8/2010 9:18:00 AM
(C) Cherokee Nation
Cherokee Nation has announced the new medical director for its Redbird Smith Health Center in Sallisaw. Dr. James David Busby of Alma, Ark., will serve as medical director for the health center, which provides more than 70,000 patient visits each year. Busby is a graduate of the University of Tennessee College of Medicine and is a board-certified physician who has practiced both family and emergency medicine.
http://www.cherokee.org/news.aspx?id=3394
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**** Other Links of Interest ****
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Games - http://www.cherokee.org/home.aspx?section=culture&culture=games
Community Calendar - http://www.cherokee.org/home.aspx?section=calendar
RSS Feed - http://rss.cherokee.org
Podcasts - http://podcasts.cherokee.org
E-Cards - http://ecards.cherokee.org
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**** Cultural Tidbits ****
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The holocaust of the forced Cherokee Removals were not just a product of the Ross and Treaty Party factions. There were at least half a dozen political factions within the old Cherokee Nation, and most were guided by outside interests.@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
415-577-1492
http://www.facebook.com/l/0ef0ch5nn_FJyrzbgi8qyp8D5VA;www.aimwest.info
AIM-WEST hosts 42nd Anniversary of American Indian Movement
AIM-WEST will be host to the American Indian Movement (AIM) International Conference, celebrating its 42nd anniversary in San Francisco, November 22-26, 2010.
The conference is being held at San Francisco City College, 1125 Valencia Street, Mission Campus (and 22nd St. near 24th St. BART station).
The theme for this year’s annual gathering of AIMsters is “Climate Change Affects All Our Relations”. The conference will focus on Land, Sovereignty and Self-Determination for Indigenous peoples. Last year at the annual conference Mr. Clyde Bellecourt, co-founder of national AIM, proclaimed an international conference be held in an effort to re-energize communities, strengthening chapters and affiliates, and for unity and coordination of strategies including the release of Leonard Peltier, held in prison 34 years today.
This year’s annual conference is an opportunity for friends of AIM to join in solidarity with Indigenous peoples of the Western Hemisphere, and Pacific region, to share related issues of concern for Mother Earth and All our Relations, develop strategic plans, alliances and networking together. Among the highlights, or focus of the conference addressed include
Climate Change,
Green Economy Conversion for Sustainable Futures,
Food Sovereignty and Security,
Impact due to Mining and Mineral Extraction,
Sacred Sites and Religious Freedom,
Health and Obesity and Diabetes,
Immigration,
Institutional Racism,
Youth Gang Prevention and Cultural Healing,
Political Prisoners and Leonard Peltier,
BIA and Federal Tribal Disenrollment,
Treaties and Agreements,
and the
UN Declaration on the Rights of Indigenous Peoples.
The program begins at 12 noon until 6pm at the Bahai Center, 170 Valencia St. in San Francisco with ceremony and blessing, dance performances, special guests, and national AIM speaker Clyde Bellecourt.
The week’s schedule of activities will be posted on websitehttp://www.facebook.com/l/0ef0ch5nn_FJyrzbgi8qyp8D5VA;www.aimwest.info
The AIM conference is webcast daily on http://www.facebook.com/l/0ef0ccMvsCqAU1LtBeynEFjBG4w;www.earthcycles.net@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
The non-binding U.N. Declaration on the Rights of Indigenous Peoples recognizes rights including self-determination, language, equality and land.
Canada, Australia, New Zealand and the United States voted against the declaration when it was adopted by the General Assembly in September 2007. Australia and New Zealand have since reversed course, and the Americans now say they will review their stance.
Canada had expressed concerns about provisions on land and natural resources, saying they were overly broad and could reopen previously settled land claims, the Canadian Broadcasting Corp. reported.
In March, the government said it wanted to "take steps to endorse this inspirational document in a manner fully consistent with Canada's constitution and laws."
But on Friday, the government released a statement saying: "After careful and thoughtful consideration, Canada has concluded that it is better to endorse the UNDRIP while explaining its concerns, rather than simply rejecting the overall document."
Posted By: TjMaxx Henhawk
To: Members in First Nations & Aboriginal Rights
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@NDN News THE REAL STORY OF THANKSGIVING
Here's one of those legalistic kind of articles that reveals some pretty devious manoevres. That is why we seriously doubt that the Canadian courts are a venue for resolving Indigenous issues. The Crown which never had any honour in the first place will do whatever it takes to slip out of its responsibilities. Look how they address the matter of "duty to consult"!
Kittoh
<kittoh@storm.ca>
http://www.mondaq.com/canada/article.asp?articleid=114516&tw=0
Canada: Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council: Administrative Tribunals have Jurisdiction to Assess Adequacy of Crown Consultation
04 November 2010
Article by Shawn M. Munro and E. Bruce Mellett
Comment | View All Comments
The Supreme Court of Canada released its unanimous decision in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, 2010 SCC 43 providing guidance in three areas related to the issue of consultation with First Nation, and the role of regulatory tribunals in assessing the adequacy of such consultation.
First, the Court provides some clarification on the circumstances when the duty to consult will be triggered. Second, the decision addresses the role of statutory tribunals in the assessment of consultation. Finally, the Court rules that in this specific case, the circumstances were such that the British Columbia Utilities Commission (BCUC) was not unreasonable in determining that the approval of the Purchase Agreement did not give rise to a potential adverse impact on First Nation's interests such as to trigger the duty to consult.
Background
In 2006, Alcan announced plans to modernize and expand its smelter at Kitimat, B.C., which was powered via a large water diversion project. The Modernization Project depended on the successful conclusion of a power sale agreement with British Columbia Hydro and Power Authority. In 2007, B.C. Hydro entered in an Energy Purchase Agreement (EPA) under which it would buy Alcan's surplus electricity. Under s. 71 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, the EPA required the approval of the BCUC, a quasi-judicial tribunal with the power to decide questions of law. The Carrier Sekani Tribal Council intervened on the issue of consultation. The Tribal Council had asserted its interest in the subject water and related resources in an action for Aboriginal title and in the treaty process. On reconsideration, the BCUC found that the EPA would not affect the volume, timing or source of water flows, nor the volumes released. It dismissed the motion for reconsideration and subsequently approved the EPA. Having granted leave to appeal, the British Columbia Court of Appeal allowed the Tribal Council's appeal.
The Court of Appeal ruled that the BCUC had an obligation, arising from the honour of the Crown, to determine whether the duty to consult had been discharged in the context of accepting the EPA. It held that the BCUC had this obligation based on its jurisdiction to decide questions of law, which it presumed extended to questions of constitutional law. The Court of Appeal also referred to the public interest component of the BCUC's jurisdiction, questioning how a contract alleged to be in breach of a constitutional duty could be in the public interest. As such, this was an additional basis upon which to find that the existence and extent of a Crown duty to consult should form part of the public interest inquiry.
Refining the Duty to Consult
The Supreme Court decision reiterates the three criteria which give rise to a duty to consult. First, there must be Crown knowledge, actual or constructive, of a potential Aboriginal claim or right. Second, there must be contemplated Crown conduct. Third, that conduct must give rise to the potential that it may adversely affect an Aboriginal claim or right. On this latter point, the Court explained that a claimant must show a causal relationship between the proposed government conduct or decision, and the potential for adverse impacts on pending Aboriginal claims or rights. It commented that past wrongs, including previous or continuing breaches of the duty to consult, do not suffice to create this relationship, nor do what the Court described as "mere speculative impacts".
The Court went on to comment that adverse impacts extend to any effect that may prejudice a pending Aboriginal claim or right. This may include "high level management decisions or structural changes to the resource's management [which] may also adversely affect Aboriginal claims or rights even if these decisions have no immediate impact on the lands and resources". For example, a contract that transfers power over a resource from the Crown to a private party "may remove or reduce the Crown's power to ensure that the resource is developed in a way that respects Aboriginal interests in accordance with the honour of the Crown".
The decision suggests, therefore, that proposed government conduct or decision, which impacts the Crown's ability to ensure that a resource is developed in a way respectful of Aboriginal interests and in accordance with the honour of the Crown, will give rise to a potential consultation obligation.
In arriving at this explanation, however, the Court rejected a broader approach suggested by respondents on the case, whereby a government decision, however inconsequential, suffices to create a duty to consult because it is part of a larger project. Referring to its previous decision in Haida Nation, the Court concluded "it confines the duty to consult to adverse impacts flowing from the specific Crown proposal at issue – not to larger adverse impacts of the project of which it is a part. The subject of the consultation is the impact on the claimed rights of the current decision under consideration".
Thus, an order compelling consultation will only be appropriate where the proposed Crown conduct, either immediately or prospectively, may adversely impact established or claimed rights. Speculative impacts, or a decision which does not reduce or remove the power of the Crown to ensure that a resource is developed in accordance with the honour of the Crown, will likely not suffice to trigger the duty to consult.
Role of Tribunals
On the issue of the place of government tribunals in consultation, the Supreme Court noted that in this case, the BCUC was not engaged in consultation, but was rather reviewing whether the Crown had discharged its duty to consult. The Court found that the legislature may choose to delegate the Crown's duty to consult to a tribunal. It was argued before the Court that every tribunal with the jurisdiction to consider questions of law has a constitutional duty to consider whether adequate consultation has taken place, and if not, to fulfill that duty itself. The Supreme Court rejected this argument, affirming that a tribunal has only those powers which are expressly or impliedly conferred on it by statute, and for a tribunal to enter into consultations with a First Nation, such express or implied statutory authority must exist. The matter of the options available to a tribunal in the event that it found inadequate consultation for a project otherwise in the public interest was not fully at issue, and the Court did not provide specific direction on this point. The decision does suggest that if the statutory powers of the tribunal do not give rise to effective remedial powers, parties will need to pursue consultation issues in the courts.
With respect to the much-awaited determination regarding the role of tribunals in assessing the duty to consult, the Supreme Court found that the BCUC's power to decide questions of law implied the power to decide constitutional issues properly before it. The Supreme Court found that the BCUC was empowered to assess the adequacy of consultation, notwithstanding that B.C. legislation expressly provided that the BCUC does not have jurisdiction over "constitutional questions", defined as questions challenging the validity or applicability of a law or being a claim for a constitutional remedy under s. 24 of the Charter or s. 52 of the Constitution Act, 1982. In the specific case, the power to consider the adequacy of consultation appears to derive at least in part from the public interest component of the decision being made.
The Supreme Court's determination raises interesting questions in relation to regulatory tribunals in Alberta. Under the Designation of Constitutional Decision Makers Regulation, the Alberta Utilities Commission and the Energy Resources Conservation Board, among others, are authorized to consider "all questions of constitutional law". The Supreme Court's decision confirms that such tribunals are empowered to rule on the adequacy of aboriginal consultation by the Crown, where such issues properly arise in applications before those tribunals.
Conclusion
While the impact of the Rio Tinto decision will take time to fully assess, there are arguably three clear points which emerge from the ruling.
First, not every government decision or conduct which touches a resource project will necessarily trigger the duty to consult. Speculative impacts, or decisions which do not impair the Crown's ability to ensure development in accordance with the honour of the Crown, may not attract the duty.
Second, tribunals authorized to determine questions of law have the power to assess consultation where the issue is properly before it, absent a statutory provision to the contrary. A public interest component to the decision in question may be sufficient to empower the tribunal to entertain such issues.
Third, if the tribunal does not have effective powers to remedy a consultation breach, or the issue is effectively divided among a number of bodies, a claimant may need to resort to the courts to address consultation issues.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
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Case comment - Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council
Miller Thomson LLP Sarah Hansen and Chantelle Rajotte Canada
November 3 2010
.On Thursday, October 28, 2010, the Supreme Court of Canada released its decision in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, overturning the British Columbia Court of Appeal and confirming the decision of the British Columbia Utilities Commission (the “Commission”) approving the 2007 Energy Purchase Agreement entered into by Alcan and BC Hydro (the “2007 EPA”).
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If you are not an existing Lexology subscriber, please register for the free daily legal newsfeed service. Register @@@@@@@@@@@@@@@@@@@@@@@@@Esoterica
Esoteric no more
I need your help to change that -- and fast.
Please watch NRDC’s new, two-minute video about this approaching disaster.
Global mining giants -- including the Anglo American corporation, Mitsubishi and Rio Tinto -- would gouge one of the world’s largest open-pit mines out of Alaska’s incomparable Bristol Bay wilderness.
My friends at NRDC call it the worst project they’ve ever seen -- and they’ve seen hundreds of them. That’s because this colossal mine would be built at the very headwaters of our planet’s greatest wild salmon river systems: the Kvichak and the Nushagak.
Tens of millions of salmon course through this unspoiled Eden, feeding not just an abundance of bears, whales, seals and eagles but also the Alaskan Native communities that have thrived here for thousands of years.
Nothing like this place exists anywhere else on Earth. It is a remnant of American wilderness as it used to be, the kind of mythic landscape that Norman MacLean had in mind when he famously wrote:
“Eventually, all things merge into one, and a river runs through it.”
And it is right here -- in the heart of this American Eden -- that foreign mining giants want to excavate their 2,000-foot-deep Pebble Mine. This monstrosity will spew some 10 billion tons of mining waste, laced with toxic chemicals,that must be held back forever by massive earthen dams up to 50 stories tall -- all in an active earthquake zone.
The Pebble Mine is an environmental disaster waiting to happen. If it pollutes the Kvichak and the Nushagak River systems, it will take down not only the world’s greatest sockeye salmon fishery but the awe-inspiring ecosystem that depends on it.
America has sacrificed too many rivers and wildlands to the mining industry, which has consistently left them despoiled and unrecognizable -- before sticking us with the astronomical cleanup costs.
There is still time to save Bristol Bay from a similar fate.
After you watch our new video, tell the mining giants you won’t let them plunder and destroy one of America’s greatest natural treasures in order to line their own pockets.
Please join with me and NRDC -- and thousands of Alaskan Natives, fishermen and conservationists -- in fighting the Pebble Mine and saving this remnant of our disappearing natural heritage.
Sincerely,
Robert Redford
Trustee, Natural Resources Defense Council
P.S. After you watch the video and take action, you’ll have an opportunity to forward my message to other environmentally concerned people. Please take a few seconds to spread the word. I am convinced we can stop the Pebble Mine by alerting one million Americans to what’s at stake. Building this kind of outcry needs to happen one person at a time, starting with you. Thank you for doing your part!
Many special thanks to everyone that came out to Rocking the Rez or mailed in donations! It was a fabulous day of great music, and good weather!
We are happy to announce that the funds raised during the 1st “Rockin’ The Rez" totaled $2,640.00 and it was sent out Monday, Nov. 15, 2010 to Lakota Plain Propane.
The "Rockin' The Rez" account at Lakota Plain Propane, was set up by Thunderwolf (http://www.facebook.com/l/326c1x21is_srBCAaArrWSS3KVw;www.bicona.com), However, If you send a check to the Chumash museum, it will be forwarded to Lakota Plains Propane. If you wish to send it directly to the propane Company, just ask them them to place it in the “Rockin” The Rez” account. All accounts at the Lakota Plains Propane are under account names, not account numbers
Those who wish to send a donation can write a check or money order made out to Lakota Plains Propane and send it to:
Lakota Plains Propane
Highway 407
Pine Ridge, SD. 57770
IMPORTANT: BE SURE TO NOTE THAT THE CHECK WILL BE FOR THE “ROCKIN’ THE REZ” ACCOUNT, SO THAT THE PROPANE COMPANY KNOW’S.
We would like to take a moment to thank : Gray Wolf, the members of GrayWolf’s blues band, The Patrick Outlaw Trio, Jimmy James and the Blue Flames, The Joe Corso Band, Cody Blackbird, Bill Neal, DJ Milton Carillo and our host - comedian, Sardia Marley, AIM Santa Barbara who took their time out to help with security and first aid, , a BIG thanks Anne Begay and Kathy Peltier who fed all the volunteers with FANTASTIC chili beans and frybread, Tim Keenan, photographer and all the volunteers that took time to participate and lend a hand, and Finally, last but not least all the vendors that were there.
A special shout out to all the musicians in El-Vuh, who came by to show support, make a donation and enjoyed the music with the rest of us.
Thank you all again and we’ll see you for “Rockin’ The Rez” 2011.
Thunderwolf
http://www.facebook.com/l/326c1x21is_srBCAaArrWSS3KVw;www.bicona.com
"When crazy people call you crazy, you know you're sane.
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