Native American Press / Ojibwe News (Bemidji, Minnesota), 2009-03-01

              INDEX
NEWS AROUND INDIAN COUNTRY
NEWS BRIEFS
2
3
How well did we
really know our
former chairman?
COMMENTARY/EDITORIALS
CUSSIFIEDS
4-5
7
page 5
Recreational Miners
attack traditional Indian
salmon fishing
page 4
Karbowaski
Exonerated
page 4
Obama proposes
$475M for Great
Lakes restoration
page 3
2nd Installment
Letter to
President Obama
page 4
Coalition wants to be compensated for land grant
By Robert Barron
Daily News
A coalition of First Nation
groups on Vancouver Island
will have their human rights
complaint against Canada
and B.C. heard by the Inter-
American Commission on
Human Rights on March 23 in
Washington, D.C.
The preliminary hearing
is to consider whether the
complaint by the Hul'qumi'num
Treaty Group, stating that up
to 810,000 hectares of land on
south east Vancouver Island was
illegally confiscated in 1884 as
part of a land grant given to the
Dunsmir Company, warrants a
full hearing. At issue is whether
treaty group members, who
claim the land as part of their
traditional territories, should
be compensated.
Robert Morales, a negotiator
with the treaty group (which
represents the Chemainus First
Nation, Cowichan Tribes, Halalt
First Nation, Lake Cowichan
First Nation, Lyackson First
Nation, and Penelakut Tribe) said
the decision was made to bring
the case to the international
commission because senior
levels of government have
"made it clear" that they will
only consider Crown land and
not private land as part of any
negotiated treaty settlements.
The disputed land, almost all
of which is now private property,
also includes the 290-kilometre
rail line belonging to the Island
Corridor Foundation, which
owns the Island's railway
corridor and is campaigning to
raise $103.8 million to improve
the neglected railway line.
Doug Backhouse, executive
director of the ICF, said the
foundation is not concerned
about the treaty issue.
"This land claim includes
almost all of the east coast of
Vancouver Island so it could
have impacts on all private land
owners in this area and not just
the ICF," he said. "It's a part
of the Hul'qumi'num Treaty
Group's negotiations with the
government and is above, and
GRANT to page 6
VOICE       OFTHE       PEOPLE
Tribal court
bans reporter
from covering
fraud claims
A tribal court in Michigan has
issued an injunction ordering
a journalist not to report
on issues related to "blood
quantum" and qualifications
for tribal enrollment.
Judge Melissa Pope of the
Little River Band of Ottawa
Indians Tribal Court entered
the injunction last month,
after another judge issued a
temporary restraining order
in August 2008. According
to Pope's February 19 order,
"Defendants and Plaintiffs
shall not discuss any parties'
enrollment in the Little River
Band of Ottawa Indians with
respect to enrollment fraud,
meaning questioning whether
any of the parties, are properly
enrolled; status as a descendant;
or blood quantum."
Judge Pope issued the
injunction in connection with
a libel case against reporter
Nancy Kelsey and three other
defendants. Among other
allegations in their complaint,
the plaintiffs claim that Kelsey
"sent numerous e-mails
claiming that Plaintiffs and
their families have engaged
in enrollment fraud and are
not rightful members of this
Tribe."
Kelsey has worked for several
newspapers, including the
Argus Leader in Sioux Falls,
South Dakota. Currently in
graduate school, Kelsey writes
for Reznet, a University of
Montana School of Journalism
project focusing on Native
American news. Though
Kelsey's statements allegedly
were written in e-mail and not
as part of a news story, Pope
made clear that the injunction
also limited Kelsey's reporting,
writing that "this Preliminary
Injunction applies to Defendant
Kelsey as a journalist."
The U. S. Supreme Court
noted in 1976 in Nebraska
Press Ass'n v. Stuart that prior
restraints on speech are "the
most serious and the least
tolerable infringement on First
Amendment rights." Kelsey
argued in court papers that
the analysis is the same in
tribal courts, writing that "[i]
t is well settled that the loss of
COURT to page 6
Hundreds expelled from
Chukchansi tribe
Those who remain could receive significantly
larger share ofCoarsegold casino payouts
By Chris Collins
The Fresno Bee
With millions of dollars
flowing into the Chukchansi Gold
Resort & Casino near Coarsegold
each month, the Indians of the
Picayune Rancheria have tapped
into a source of wealth they hope
"will end decades of poverty.
But not everyone gets to share
the bounty.
Over the last several years,
the tribe has expelled about half
its members, stripping them of
their Native American heritage,
former members say.
Hundreds have been cut from
the rolls even though many
could clearly document their
Chukchansi descent, they said.
Some had been tribal leaders.
Even two of the last 10 people
who speak the tribe's language
were removed, one former
member said.
Those who were kicked out.
of the tribe, including the
jobless or elderly, lost healthcare benefits, Pacific Gas &
Electric Co. subsidies, college
scholarships and any hope for a
share of casino profits.
Those who remain could
receive significantly larger
payouts from the casino now that
membership has been slashed,
former members say.
"What better way to get more
money in the future than to
whittle down your tribe?" asked
Mary Chapman, a 71-year-old
retired Fresno County worker
who says she was expelled after she
questioned the disenrollments.
Tribal Chairman Morris
Reid says the disenrollments
were necessary to correct past
membership mistakes and had
nothing to do with increasing
the wealth of remaining tribal
members.
"We had to find out if they were
qualified Chukchansi," he said.
"It was a process and procedure
that had to be followed."
But some who have been
expelled say the move contradicts
the original purpose of Indian
gaming: to draw a long-suffering
people out of poverty and unite
them in prosperity.
"It's really a sad day when
your people are engaging in
the theft of your identity to line
their pockets," said Cathy Cory,
a special-education teacher in
Porterville who was disenrolled
TRIBE to page 6
Former Eastern Idaho
superintendent blames alcohol
By Casey Santee
Idaho State Journal
POCATELLO, Idaho - Prenatal
exposure to alcohol is the reason
a high percentage of American
Indian students in School
District 25 are identified as
disabled and placed into special
education programs, according
to a former superintendent of
Shoshone-Bannock schools.
He should know.
Jody Crowe spent 18 years as
an educator on four American
Indian reservations during
his. career. He now lives in
Minnesota, where he advocates
for awareness of fetal alcohol
spectrum disorders, previously
called fetal alcohol syndrome.
Crowe said the Idaho State
Department of Education,
which last fall notified District
25 that it was identifying too
many tribal students for special
education, is off base. He said
Creeks roiled over chiefs
seizure of casino cash
by CLIFTON ADCOCK
World Staff Writer
Concern by Muscogee (Creek)
Nation citizens over the principal
chiefs taking control of casino
money that had been overseen
by local communities came
to a head Monday night when
the National Council called an
emergency session and sued
the chief.
Principal Chief A.D. Ellis
issued an executive order Friday
that keeps six individually
chartered Indian communities
in the tribe from controlling any
casino funds.
They are Bristow, Checotah,
Duck Creek (in Beggs), Eufaula,
Holdenville and Okemah.
He also filed a lawsuit seeking
an accounting of finances and an
injunction against interference
or spending of gaming money by
the community organizations.
Several councilors expressed
outrage at the move during
the council's regular meeting
Saturday.
Some said they believed that
Ellis wanted to use casino funds
from other communities to fund
the tribe's new Tulsa casino,
which is scheduled to open
March 31.
Ellis said in his order that he
wants all communities in the
tribe to benefit from gaming
revenues.
For years, local community
boards within the Creek
Nation received 50 percent of
the revenue from their local
casinos.
But the system is ripe for
abuse, Ellis said in a telephone
interview.
The National Indian
Gaming Commission has tight
restrictions on what gaming
revenues can be spent on, he
said, adding that there had
been little oversight on the
communities.
A violation or misspent funds
could jeopardize the tribe's
entire gaming operation, Ellis
said.
He denied that the gaming
revenue would be used to pay
for the Tulsa casino. It will go
to health care and services for
poorer Indian communities
that have no gaming operations,
he said.
"All communities will benefit
from (gaming revenues), not
justafew,"'hesaid.
CREEKS to page 3
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Volume 20 Issue 19
March 1, 2009
the unfortunate fact is that
alcohol use by American Indian
mothers is higher than average,
compared with other racial or
ethnic groups.
"In the tribal schools that
I've worked, we've been told we
shouldn't have more than 15
percent of the kids identified
in special education. That's the
average across the nation. (The
U.S. Department of Education)
says if you have more than that,
you must be misidentifying
students," Crowe said. "What I
told them is, there's an elephant
in the middle of the room and
we're all talking around it. The
elephant is the brain damage
from prenatal exposure to
alcohol."
Krissy Broncho, a licensed
clinical social worker at
Shoshone-Bannock Tribal
ALCOHOL to page 6
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Darrell Dennis is shown in a scene from "Tales of an Urban Indian.
'Urban Indian' explores beyond the reservation
By PETER SANTILLI
The Associated Press
NEW YORK - In the opening
scene of "Tales of an Urban
Indian," Darrell Dennis'
semi-autobiographical one-
man play about his struggles
with substance abuse and his
identity as a Canadian Indian,
Dennis explains his reason for
writing it.
"It's a story I need to tell, not
because it's extraordinary, but
because it's common," he tells
the audience. "Too common.
And it's not told enough."
The play, which is alternately
engaging and slow-moving,
opened Sunday at off-
Broadway's Public Theater. It
takes us on the lifelong odyssey
of its main character, who goes
by the name Simon Douglas.
The journey begins with an
absorbing account of Simon's
experience as an impressionable,
young boy coming of age in the
sheltered isolation of an Indian
reservation.
His development takes an
interesting turn when he and
his single mother relocate to
Vancouver, a move that presents
a unique set of challenges as
the boy strives to assimilate
to a new culture and urban
lifestyle.
To further complicate
matters, the two later return
to live on the reservation,
before moving to Vancouver a
second time.
This back-and-forth between
worlds, and more specifically,
Dennis' observations about
Indian culture and his own
place in the world beyond
the reservation, are mostly
engrossing and highly
original.
Unfortunately, the play
descends too quickly into an
all-too-common, cautionary
tale of alcoholism and drug
abuse.
It's not that the main
character isn't easy to
sympathize with or that his
vices aren't relevant to the
rest of the play. The problem
is his tangle with addiction
is predictably less interesting
than everything that preceded
it. His slow descent to rock-
bottom occupies too much of
the play, which is nearly two
hours with no intermission.
Far more compelling, for
instance, is his depiction of
the heavy-handed Christian
education he was forced to
endure, like many other
Canadian Indian children of
his generation. There is also a
poignant portrayal of Simon's
grandmother, who represents
his ties to native culture and
tradition.
Under the direction of Herbie
Barnes, Dennis' performance is
pleasantly theatrical. But too
many attempts at humor fall
flat and dilute the story rather
than enhance it.
"Tales of an Urban Indian,"
running through March 15,
is part of PUBLIC LAB, a new
play series presented by the
Public and the LAByrinth
Theater Company. Itse goal is
to present new works quickly
with minimal stage design and
a short rehearsal period. The
production is also presented
as part of the Public's Native
Theater Initiative.
North Dakota
nickname
committee sets
schedule
By DAVE KOLPACK
Associated Press Writer
FARGO, N.D. - A member
of the committee considering
the future of the University of
North Dakota's Fighting Sioux
nickname says the group needs
the blessing of tribal leaders
before meeting with other
tribal members.
The committee announced
Thursday that it plans to
hold four meetings in the
next three months, including
sessions with tribal leaders
and members from the Spirit
Lake and Standing Rock
reservations.
Committee member Erich
Longie, a Spirit Lake member,
said during a conference call
the group should meet with
tribal leaders before meeting
with other tribal members.
Failure to do that could turn
tribal members against each
other for years, he said.
"I already have relatives
who are mad at me. I think a
NICKNAME to page 3
Court rules
for state in
American
Indian land
case
The Associated Press
WASHINGTON~The Supreme
Court on Tuesday limited the
federal government's authority
to hold land in trust for Indian
tribes, a victory for states
seeking to impose local laws
and control over development
on Indian lands.
The court's ruling applies to
tribes recognized by the federal
government after the 1934
Indian Reorganization Act.
The U.S. government argued
that the law allows it to take land
into trust for tribes regardless
of when they were recognized,
but Justice Clarence Thomas
said in his majority opinion that
the law "unambiguously refers
to those tribes that were under
the federal jurisdiction" when
it was enacted.
The ruling comes in a case
involving the Narragansett
Indian Tribe in Rhode Island
and a 31-acre tract of land.
At issue was whether the land,
in Charlestown, R.I., should be
subject to state law, including a
prohibition on casino gambling,
or whether the parcel should be
governed by tribal and federal
law.
The dispute dates to 1991,
when the Narragansetts
purchased the land to build an
elderly housing complex, which
remains incomplete.
The 1st U.S. Circuit Court of
LAND to page 6
1975 AIM trial set for May in
Rapid City
By Carson Walker
Associated Press Writer
SIOUX FALLS, S.D. -An oft-
delayed trial has been rescheduled
for two men charged with the
1975 killing of a fellow American
Indian Movement activist.
John Graham and Richard
Marshall were set to stand trial
last week in Rapid City on charges
they committed or aided and
abetted the first-degree murder
of Annie Mae Aquash on the Pine
Ridge Indian Reservation.
The judge postponed the trial
to give the defense more time
to prepare and reset it for May
12, more than 33 years after
Aquash's body was found in the
Badlands.
"We've gotten so used to
these delays, it's almost like
it's expected now and is part
of the journey," said her older
daughter, Denise Maloney
Pictou.
"We've always believed it's
going to come because we
believe in truth and we believe
in justice."
Marshall was indicted in
August, five years after Graham
and Arlo Looking Cloud were
charged.
Looking Cloud, a Lakota who
was living homeless in Denver,
was convicted in 2004 for his
role in Aquash's murder and
sentenced to life in prison. He is
cooperating with the government
in its case against Graham and
Marshall.
Witnesses at Looking Cloud's
trial said he, Graham and Theda
Clarke drove Aquash from
Denver in late 1975 and that
Graham shot Aquash, a fellow
Canadian, as she begged for her
Anna Mae Aquash
life.
The prosecution accuses
Marshall of providing the
handgun Graham used to kill
Aquash on orders from AIM
leaders who suspected she was a
government informant.
Clarke, who lives in a nursing
home in western Nebraska, has
not been charged.
Graham has denied killing
Aquash but acknowledged being
in the car from Denver. He is
from the Tsimshian Tribe in the
Yukon and fought his return
to South Dakota in Vancouver,
British Columbia, for more
than four years. Graham was
extradited in December 2007
after the Supreme Court of
Canada refused to review his
case.
His trial has since been delayed
several times and was joined with
Marshall's case, though defense
lawyers have asked that the men
be tried separately.
The 30-year-old Aquash, a
member of Mi'kmaq Tribe of
Nova Scotia, was killed by a
gunshot wound to the head
near Wanblee. She was among
Indian militants who occupied
the village of Wounded Knee in
a 71-day standoff with federal
authorities in 1973 that included
exchanges of gunfire with agents
who surrounded the village.