fade hee “cal in nature, such as: taxation of real property PES Aedes sak Sait Ae Yrs ere Ne wR Lae UE Wednesday, September 30, 1998 y no stretch of the imag- ination can the Nisga’a Lisim government, to be « established under the Nisga’a treaty, be considered merely — municipal-like in nature, as gov- ernment ° spokespeople - and publications claim. ; Municipal government isreF, atively easy to recognize when you see it. First and foremost, it .is ~ not an order of government established by the Canadian -Constitution — only the fed- eral and provincial govern- ments are that. Municipal governments are established by.a provin- -cial legislature delegating. certain limited and local powers to a municipal body -which it creates. The: important. point. is that whatever powers the ‘Jegislature delegates to a “municipality, it can at any * time in the future retrieve. It. can even abolish altogether the very municipality it has created. The recent forced amalgamation and - consolidation. of municipal: ‘governments. in Toronto is a case in. point. «The second hallmark of genuine minicipal ' “ government is that the powers given to it arelo- Zoning and land-use. planning, building inspe ion of noise; animals anid waste d posal, local road construct cal business and. trade "There are other pow essence they result in. the passage ‘of bylaw Te ~ Jating to local community. : The third feature of municipal government is that all adult residents within an nunicipality have - ~ the right to run for municipal office and, most’. importantly, vote for their municipal governs “ments. above for a municipal-type government. It fails the first test, because the powers itis given by the province under the treaty are not. delegated to it but are, in fact, forever irretriev- ~ cable because they are contained within a land. claim agreement “constitutionalized” by section - 35 of the Constitution Act, 1992. No city or lesser municipality i in Canada is is - given that kind of irrevocable status, The federal . , minister of Indian and Northern Affairs ac: ; knowledges this is the first time in the history of treaty-making in Canada that this kind of abo- riginal self: government is included within a‘ ‘con- with Steven C OX Oct. 2 Vat the. Salt S Spring Centre "278 includes (uition, commotion R delicicnis vegetarian meals call 250+ “SST-AS26 DH econ seat nest bin ae “Far from being municipal government, this puts Nisga’a Lisim government in a category never before seen in Canada” cial laws on the. subjects mention d above if - The.form of Nisga’a Lisim gover nment pro- ~~. “posed under the Nisga’a final agreement fails to ~‘meet'the test of any of the three criteria set out” ssercengtnyeomenatemearent asa pet Seteoanetn eames Mane Benet nt et HAN SOLE HI CETL OTN TOON LLCS FI OO 8 a ELI CUSTOM EMBROIDERY - | - SPECIALTY CLOTHING. | Aviation Wear - Flight Suits | Hats, Jackets/Golf Clothing ‘Helly Hansen Wear - Storm Tech" ue Team Sports Wear 7 . GREEN MOUNTAIN EMBROIDERY WORKS: 656-0597 - 9800 MeDonald Pk. Rd. se nae rein seo en Armanak mma nieaetsouvnink wanswwcertr 8 poH40T ervey emi seamamivariyeenvimien val "Wholesome hom home cooke food delivered to yourd door ® e Compl ¢ Dinne — [vr y tn eeenmanumneneh aceraereramnaaeniemmnnemmcra ae a ae stitutionalized” land agreement. Hl’ ° It also fails the second test of :-a municipaltype government, -in that the powers to be given to it go far beyond the right to pass bylaws on what are essen- tial community-type matters of - the kind listed above. Jt will have the right “to make laws” (the language used in the Canadian Constitution . to. describe federal and ‘provincial powers) on what are clearly provincial legisla- tive powers and some fed- eral ones. For example, laws on education (K-12), laws on’ higher education (including establishing: one or more — universities) , laws to do with “the delivery of healthy ser- vices, child and family ser- - vices laws, laws over busi- nesses, trades and profes- _ sions (except accreditation), and laws to do with their fish, aquatic plants -and . wildlife entitlements. The list goes on. These Nisga’a laws — yet - to be passed ‘by. a Nisga’ a government, yet to be . established under a Nisga’a constitution, and yet - to be written — - will supplant federal and provin- - there i is any. conflict between ther rom voting iced a Se orerunent el jections To merely have some. vaguely-defined advi-’ ~ sory input to lower level public bodies has not , ~ proven. effective where it has’ been tr ied else where.” To sum up, the kind of central government that is proposed in the Nisga’a agreement is a far ery from municipal government, Any govern- - ment ad, radio or TV spot, or ‘spokesper son who ~ says itis, is not being truthful. mantics. It is fundamental restructuring of how this provinée is to. he governed in the future | “without our consent... Sasa teed ahs .. What can be done about it? Mel Smith is a long-time constitutional adviser ‘to previous B.C, governments and author of Our Home or Native Land? y inet hare: wosn ea " reef resh Sandw ches COMMENTARY | HALF PORKLOWN.. issues, the writ of Nisga’ a overs ss ee outside of the Nass carey ton per , ylive in! | vithstanding that such persons are subject to. Nisga’a laws of general application and:are po- “tentially liable to Nisga’a property taxes. This, however, is far. more than an issue of se ~ SIDNEY AL PORK LOIN ROAST .... 6.59 kg ; TENDERLOIN END “CUT INTO ee . 5.03 kg Prices Effective Sept.29 - ots M8 28] BLACK FOREST HAM ETTS We Reserve the Right to Limit Quantities “YERESH ISLAND GROWN. CUT FROM CANADA GR. A BEEF | CUT FROM CHANDAGR ABEEE ee ISLAND GROWN DUTCH 11 BOY STANDING RIB FRYIN ‘8) OLD FASHIONED f LB. HAM FOODS 2531 SEACON AVE. “Sidney B “The-Sea” 98 5 VARIETIES, TROZEN 6 MEAT Pi ES, a epi SW AIUEMUEST AF _PENINSULA NEWS REVIEW 2.3. INSTANT SAVINGS.” NO: WAITING, . NO MEMBERSHIP. REQUIRED i “ EQUALLY!. “OPEN Evi EVERYDAY PICKLED HERRING « “S-VARIETIES’ giTenom RIB PREMIUM OVEN ROAST.....8.77 kg MIRABEL FROZEN ; coo | SHRIMP RINGS...312 Q PK. 98 | La § B HEINZ POTAT F “SIDE DISH" , POTAT' Nodessendtdunenietes 145 - SUP .4 Pouch DAN-D-PAK ; GREEN ise SPUT PEAS. 4 ko. ; FOOD. 156.6 IN A TiO LIQUID = LAUNDRY’: FLEECY FABRIC - H SOFTENER ... | DEEP BROWNED © BEANS.:........ 1.398 ML. TIN 2009 BOX 6g° 449 BOX 1 23 sare 99° 83: 8 kg BAG A JANH , for w OB | sore O° | DETERGENT ., 1.9L JUG 49 SOVA poor Jus 38 'OGURT ISLAND BAKERY WilTE OR 60% WW. . | BREAD. thee srooion BEF | J CANADIAN RYE...cooo 8°” | THICK, SEEDED, CRUSTINI DTTALIANO v1” 49. | “S70 675 c , 1] GARLIC & PESTO D'TWALIANO BREAD. SAUSAGE OR CRUSTINI \DTALIANO entaerommamt Breakfast * Homemad eenihenianenammemcnaiuae : Course Chino ; i Parane ee har , 19 rio eneanianenanacineatareneensentitienananteaanineetarsi seit for | & French Beans * Rhubarb rumble Ples* Individual Dinners and i aes corre maameaaanimneinn nt $3.75 Wy Smacks ” Meanie of Deter Husiness lade i Soe eeinloapealemediiol econ uma a ara