Native Business Development Magazine

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Native conflict becomes show business

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 1

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2 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE ®

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NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 3

contents

VOLUME 1 NUMBER 3 • DECEMBER 2010

features

Editor-in-Chief Noll C. Derriksan,

Cover Story

EDITORIAL Managing Editor

Grand Chief WFN, UBCIC

Publisher Craig Brown

20 BLACKSTONE

Devon Brooks

Contributors Bobbi-Sue Manard Laurena Weninger Brandy Lynn Maslowski Darcy Nybo Racelle Kooy Lesley Gabriel Karen Luniw David Allison Andrea East

The hardest business in the country may be selling a dramatic, Canadianmade television series. Yet Ron Scott sold the riveting conflicts of life on the fictional reserve of Blackstone. So real you may grit your teeth watching.

10 Corrine Hunt, one year after the Olympics

Cover & BLACKSTONE Photography: DAN POWER

18 Just what is Indigenuity?

34 Mayor Madeleine Redfern’s Iqaluit insights

Business Development Manager

Roy Kunicky

Business Dev. Manager, West Coast

Jesse Kunicky Advertising Don Jack Arlene Paulsen

Articles

Creative Director

7 R-r-r-rolling up the rim way, W-W-W-waaaaay North 16 Yukon’s biggest meat eating business: GOING WITH THE DOGS 39 news flash: Look Who's added to the hall of fame 40 news flash: How much is too much?

Donna Szelest

Contributing Photographer

Shawn Talbot

Native Business Development Magazine is a member of:

Since the Canadian Federation of Taxpayers released numbers accusing some band members and councillors of ripping off their own reserves the argument has gotten louder and less forgiving.

42 news flash: China opens arms to seal products

departments

columns

14 MEMORIAL: JOSE

8

KUSUGAK

From the Editor-in-chief The Native Way Forward

30 ART & CUlTURE:

15 MARKETING 101: WHY PRINT

32 BOOK REPORT: Bad

22 top 10: GETTING ALL THE

STILL WORKS

Tanya Tagaq's throat singing.

Medicine

Retired Judge John Reilly opens up about his successes and failures to make justice work on the reserve.

BUSINESS YOU WANT

29 ONE IS THE LONELIEST NUMBER: Financing a startup business is always the hardest sell and you can't do it alone.

38 BUSINESS LAW:

THE FINE PRINT: What a partnership really means.

4 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

101B - 1979 Old Okanagan Highway, Westbank, BC V4T 3A4 T. 778-755-5727 F. 778-755-5728 www.prospermediagroup.ca President & CEO

Craig Brown

Vice President

Noll C. Derriksan VP Sales & Marketing

Chytra Brown

Assistant to the Publisher

Joanne Clarke

The Native Business Development Magazine is published in Westbank, BC by Prosper Media Group Inc. ©2010 All rights reserved.The views expressed in Native Business Development are those of the respective contributors and not necessarily those of the publisher or staff.

PUBLICATIONS MAIL AGREEMENT NO. 41835528.

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editor·in·chief’sdesk

TheNative

Way

Forward

I

n the past natives as a group, or tribe functioned as a cohesive unit, all had a role to play to survive and it worked well. This trait of cooperation should have survived into the modern age; it has not.

Often under the guise of native culture you will see a function open with a prayer in the native language for unity and guidance from the Creator. Once the ceremony is over all the petty family divides, biases and outright jealously, envy, and hate resumes.

It seems to me to be human nature, but it is not like this with every ethnic group. The Asians group together and pool their resources to assist one of their group to succeed, and when he has, they move to the next one and repeat the process. There are other ethnic groups that do this too, and some religious sects as well. Everyone prospers.

These groups often band together in a specific area, as natives do, but there the similarity ends.

These nonnative groups intermingle with the community at large, in business and social pursuits as well as numerous other activities.

Too many of our native communities have become ingrown and stick together on the Reserves refusing to mix with the community at large. Herein lies the problem as I see it – the lack of interaction with the outside community stunts the ability to grow and learn from such an experience. There is much to learn from others, and it is a rewarding experience to learn what these differences are. One can learn many things from interacting with other ethnic groups, and it enriches one’s self.

Is it not the ultimate goal to grow into a person with principles, ethics, generosity, truth, for your word to be your bond, to become a total person, and isn’t it true that that is a never ending task?

I believe that were we to simply treat others as we would wish to be treated we would literally change our world, and certainly for the better.

The reservations, to me, have been a major factor in inhibiting growth for our native peoples, in lifestyle, in careers, in economics, and in self-growth. Too many of our reservations are breeding grounds for drugs, alcohol, welfare, and a myriad of other negatives. Most reservations are filled with factions that splinter the native community, making it impossible to ever function as a cohesive unit.

None of this is what the Creator intended.

I pray to the Creator that our native peoples find their way, and thus contribute to the national fabric, for we must be a part of the melting pot that is Canada’s heritage.

Noll Derriksan is Grand Chief of Westbank First Nation Lands, Grand Chief of the Union of British Columbia Indian Chiefs and owner of NC Derriksan and Son Enterprises, which, among other business pursuits, is a development company.

Noll Derriksan is Grand Chief of Westbank First Nation Lands, Grand Chief of the Union of British Columbia Indian Chiefs and owner of NC Derriksan and Son Enterprises, which, among other business pursuits, is a development company.

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 5

E DI T O R I A L

from the

6 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

EMBRACING

Iqaluit

one travel mug at a time

By Brandy Lynn Maslowski

S

tepping in from frigid subzero temperatures, a young Inuk woman gently lowers her wolf fur hood to take in the warm scent of roasted arabaca beans and fresh baked goodness. Tim Hortons now provides Iqaluit, Nunavut, a customer experience taken for granted in southern Canadian cities.

Three Tim Hortons Express locations opened in early December and locals appear to be loving it.

An elder orchestrates a qulliq lighting ceremony at the Tim Hortons’ opening

The Nunavut capital, with a population of 7,200, seemed too small for a franchise to be feasible, but just the rumor of a new Tim’s stirred up a front page article in the local newspaper.

“People were carrying boxes of doughnuts on flights back to Iqaluit,” says Nick Javor, Senior Vice President of Corporate Affairs for Tim Hortons.

The logistics of transporting goods to this remote location 2,000 km north of Ottawa results in a price increase of 65¢ for a small and 84¢ for a large coffee, but Javor says local response has been good despite the higher cost.

“We use the exact same par-baked technology in stores across Canada,” he says, “so the product is the same quality everywhere.”

When asked about lessons learned in the first month, he says, “We found we didn’t have the capacity to handle the customer demand so we’ve already expanded the food display cases and coffee equipment.”

After three years of research Tim Hortons found the right partner, the publicly traded North West Company, to make the franchises work. According to Doug Anderson, NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 7

FAS T F O O D

article

IQALUIT TIM HORTONS continued

general manager of Major Market Stores, a North West Company subsidiary, North West is the largest aboriginal employer in Canada. It also traces its roots back to the famous historical trading company that went headto-head with the Hudson’s Bay Company over 200 years ago; although the two merged back in 1821, the North West Company was reborn in 1987 as a retailer working primarily in Canada’s far north.

Together Tim Hortons and the North West Company decided on three smaller locations using kiosks, rather than one full service restaurant.

“We are proud to be associated with Tim Hortons,” says Anderson. “They are a world class partner.”

Anderson explains, “They…have a comprehensive training program. It ensures that both sides will be structured for success in providing a top quality product for our customers.”

Iqaluit local Katie Inukshuk was sent to Oakville, Ontario for training as the new operations manager of the kiosks. “We are proud of Katie as our first manager of the north,” says Javor. “She is very passionate about doing a good job and represents Tim Hortons well. It is her quiet confidence and pride that shines through.”

Inukshuk says little, other than, “The training was good.”

Aside from herself, she says approximately half the staff is Inuit. Tim Hortons, says Javor, “had an operations training crew go to Iqaluit the week before opening and they stayed two weeks after opening. There were five people involved. Their role was to setup the

8 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

Manager Katie Inukshuk

equipment, provide staff training and to help with customer relations.”

For its part, Javor says the company has “an on-line, self instruction, aboriginal awareness and cultural diversity training program. This training program covers the indigenous peoples of Canada, history, issues and opportunities.”

On specifics about the local culture in Iqaluit Javor says the North West Company, the franchisee owner, is part of Iqaluit and other northern communities and demonstrates appreciation of, and sensitivity to, Inuit people.

Responding to countrywide murmurs about Tim’s cups creating unsightly litter, Javor outlines their solution. “To hear that our cups are littering the streets is a problem, so we have worked hard to implement 10¢ off with a travel mug nationwide,” says Javor. “We want

Singer Susan Aglukark with a child on stage at the charity event hosted at the local high school

customers to get on the antilitter bandwagon.” Javor states that between five and 10% of customers nationwide now use travel mugs and that number is even higher in university settings.

To kick things off he says they will be giving away 1,000 of the iconic travel mugs at the Iqaluit kiosks in mid-February printed with a special arctic blue design and Inuktitut language. Of course, each will have a coupon inside for a free first fill.

The grand opening at the main Northmart location, which houses the bakery, received a lot of attention.

Inukshuk participated in the opening ceremonies, clearly happy that it respected Inuit tradition. “I was proud to cut the ribbon at the opening with the ulu because it is a traditional women’s tool.”

Another opening highlight was the use of qulliq lighting. This is a traditional Inuit lamp with oil and moss lit by an elder to signify the importance of fire for warmth and life, and to honor and respect a gathering or celebration of culture, community, and life.

The festivities also included a fun run early Saturday morning when Tim Hortons, North West Company and renowned Inuk singer/songwriter Susan Aglukark worked together to raise over $10,000 for local charities. Aglukark performed a charity concert at the local high school with free Tim Hortons fare that evening. Proceeds went to programs such as the Arctic Children and Youth Foundation and the Kamajiit Safe Community Pilot Program.

“We welcome new businesses with good corporate citizens to our community,” says the newly elected Mayor of Iqaluit, Madeleine Redfern. “It is important to know it doesn’t just affect our community. This is a gateway now to even more remote communities.”

An elder and Katie Inukshuk with an ulu at the opening ceremony

Throat singers add their distinctive sound to the Tim Hortons opening celebrations in Iqaluit

Photos contributed NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 9

These sunglasses, manufactured for Claudia Alan Inc., incorporate some of Corrine Hunt’s distinctive vision

10 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

A RT & CU LT U RE

featurearticle

Corrine Hunt: the

Post Olympic

Legacy

By Racelle Kooy

“Hunt” is a well known name among the northwest coast artistic community. Family members include internationally renowned Henry, Richard and Tony Hunt, all of whom influenced Corrine Hunt’s art.

Photo Courtesy of the University of Regina

I

n 2010 Corrine pushed the family name to stratospheric heights with her artwork taking centre stage, literally, at the 2010 Winter Olympics. She had the privilege of co-creating the medals.

Her artwork was a much sought after storyline for countless media outlets around the world.

When asked directly about what she thought her legacy was from the 2010 Winter Olympics, Hunt states simply: “The important thing for me is that we all find a way to communicate with one another. The medals were about the individual athletes, about the story of the athletes. We all live in a community, we can only thrive in a community. That is a really important part of the story…

“Storytelling was my gift to the medals. I really had to reflect on what this meant. I had to reflect on what this meant from my culture; the images of the raven and orca and what it would symbolize for the athletes.”

The Olympics might be over, but Hunt’s vision and work continues.

Many others see it too, as demonstrated by her winning of the 2011 National Aboriginal Achievement Award for a lifetime of artistic work.

Hunt’s clearest Olympic related followup is her current role as art director for a major exhibit that spans two continents and two cultural institutes. The assignment got its official start during the Winter Olympics. At the Saxon House, a partnership signing took place between the Staatliche Kunstsammlungen Dresden (SKD), which is based in Germany, and the U’mista Cultural Centre.

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 11

CORRINE HUNT continued

The Albertinum in Dresden (also pictured centre right in the photo below) is the Dresden, Germany museum that will be showing some of Corrine Hunt’s work as part of its exchange with the Alert Bay U’mista Cultural Centre.

Photo courtesy of the Staatliche Kunstsammlungen Dresden Museum

SKD, in English the Dresden State Art Collection, is a formidable conglomerate of 12 prestigious museums from around the world that cover a diversity of themes.

The U’mista Cultural Centre, a First Nation’s cultural centre located in Alert Bay, B.C., was built to house the repatriated Kwakwaka’wakw potlatch artifacts. U’mista Cultural Society’s work in the late '70s and early '80s was ground breaking for its stubborn insistence on the repatriation of ceremonial items.

Together, SKD and U’mista are making history by committing to an artifact exchange resulting in an equitable cross-cultural collaboration. The result is “The Power of Giving” exhibits, showcasing gifts from the Saxon Ruler’s Court and the Kwakwaka’wakw Big House.

The exhibit opens on April 21 for U’mista and May 6 for

12 DECEMBER FEBRUARY 2011 2010••NATIVE NATIVEBUSINESS BUSINESSDEVELOPMENT DEVELOPMENTMAGAZINE MAGAZINE

SKD, and closes on August 28, 2011.

Closer to home, Hunt has been keeping busy with new commissions and other artistic c ol l ab or at i ons .

The Canadian Museum of Civilization recently collected two of her furniture pieces.

She is also directing another art project and working with two British Columbian businesses, Boma Manufacturing and Claudia Alan Inc. For Boma, Hunt developed a tableware line. She says greatly values the artistic freedom that she was given in her design work by the company.

She also appreciates that they manufacture much of their products in house, regularly using recycled materials such as Hunt’s “Sea to Sky” tableware line, which features either recycled glass or pewter.

These 16 men and women are graduates from the Introduction to Construction Course in Berens River First Nation, and will be among the first to find work on the road expansion projects.

Her designs are also found in shawls, belt buckles, something in her work, be it the aesthetic of the lines, cast jewelry and handbags. The artwork and even the will intrigue viewers enough to find out a little more. shape of the tableware itself reflects Hunt’s wish to show Hunt says she seeks to bring First Nations art forwho she is through her ancestral lines and how she conward and have people look at it in a new way. tinues to push the design envelop. She literally wanted Websites to View Hunt’s work: to bring something new to the table.

“Power of Giving” exhibits at SKD and U’mista: As Hunt puts it: “Always, there is something else out www.umista.orgwww.skd.museumAYA Accessories: www. there. The First Nations people that I come from – we claudiaalan.com/aya.phpBoma Manufacturing: www.bomamfg. comONEXONE nonprofit foundation: www.onexone.orgCorrine adorned everything with art. It was part of our life, not Hunt: www.corrinehunt.ca just something that we did on the side. It was everyPhotos contributed thing we did. If we could have, we would have put it on sunglasses.”

This explains her enthusiasm for a continued partnership with Claudia Alan Inc. Since 2008 Hunt has been collaborating on the AYA Brand of sunglasses, readers and optical eyewear line. Currently AYA frames feature Hunt’s sun, eagle, hummingbird, raven wolf and killer whale artwork, with more on the way.

Part of Hunt’s decision to collaborate with Claudia Alan was because it gave back. Claudia Alan created a pink ribbon, breast cancer fundraising line of readers and through the AYA eyewear and accessory brand, is committed to donating partial proceeds from their sales to the ONEXONE nonprofit foundation.

Empowering First Nations By Part of ONEXONE outreach includes Enhancing Their Daily Business supporting First Nations nutritious Interactions & Transactions. breakfast programs.

Asked what advice she would give 2680 to up and coming artists, Hunt says besides choosing projects she wants to do and doing them to the best of her ability, Hunt does not embrace “Indian time” in her work ethic.

Success requires living in both worlds (artistic and business). Creating and honoring relationships includes that 9999 129 you honor and respect yourself.

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KUSUGAK revered for his Service to

InuitCauses

By Bobbi-Sue Menard

Photo by Franco Buscemi

BRIEF

newsflash

Jose Kusugak receiving the Elijah Menarik Award from CBC North late in 2010

Jose Kusugak occupied a space in the history of Inuit that seemed created for him, as much as it was created by him.

14 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

On January 19, 2011, Jose passed away from cancer at his home in Rankin Inlet.

The public life of Jose was defined by loving service and leadership to fair treatments of Inuits and their culture. At news of his passing, tributes poured in from across Canada; known figures from Canadian public life including Shawn Atleo wrote of their lasting affections and pride at having worked with a man of Jose's accomplishments.

He started young. At the age of 20 Jose began to respectfully agitate for the codified establishment of common written Inuktitut language. His persistence is credited with creating a standardized syllabic structure.

The results are seen in the most modern of ways as Inuktitut language threads through the websites of the north. It means the Inuit are able to engage the modern world in their own language.

Jose was on the board of Arctic College for years. Current President David Vander Muelen credits Jose’s leadership with the establishment of a community learning centre in each community in Nunavut. “Jose was the type of person who could animate an entire organization.

He was a proponent of community based learning, online and distance learning. He saw the power of technology, but wanted our university to have [a] front door in every one of our communities.”

As a result of Jose's work with the CBC, he helped communicate the complexities of the land claims process to the Inuit in their own language. Even though he is gone now, online audio clips of his radio work will remind his listeners of his distinctive voice and legendary sense of humour.

Possibly no one else in the north has had Jose's way with words. His phrase, “Inuit are first Canadians and Canadians first,” defined a relationship, a point of view and a foundation for the future that few politicians in Canada can dream of.

Public institutions are created by government, and from Jose’s leadership, Nunavut institutions are much more able to respond to the needs of the people. Jose served as the president of Nunavut Tunngavik Inc. from 1994 to 2000, an incorporated body responsible for monitoring the Nunavut Land Claims Agreement.

He also sat as president for both the Inuit Taipiriit Kanatami from 2000 to 2006, the national Inuit organization in Canada and the Kivalliq Inuit Association from 2006 to 2010. The Kivalliq Association represents the Inuit in the Kivalliq region that Jose called home.

In such a broad and influential life well lived and by all accounts well loved, there are many achievements to point out. A useful symbol for a reference point might be the Partnership Accord between Canada and the Inuit, which was put into effect in 2005. The Accord was signed between the Federal Government of Canada and Inuit Taipiriit Kanatami during Jose’s leadership tenure. Not only did it define a relationship between the Inuit and Canada, it did so in English, French, and Inuktitut.

Jose Kusugak is survived by his wife Nellie, three daughters Alana, Alicia, Special, son Pujjuut and 13 grandchildren.

CO LU M N

businessmarketing

Advertising still Works

Print

The New-School Print Ad

I

f you’re a regular reader of this column, you will notice I write frequently about social media, but even in today’s online-allthe-time marketplace, some wellplaced column-inches can work wonders.

Print ads aren’t the cornerstone of a marketing campaign like they used to be, but they still have an important role to play – albeit a different one than the role they played in pre-recessionary times.

In small markets, especially, where the local newspaper is widely read, print ads are a great way to remind people who you are and what you do. Daily newspapers are read by three out of four adults a week, and, according to the Canadian Newspaper Association, community newspapers are read by 74% of Canadians each week.

Those are pretty compelling numbers to consider, if you’re looking at print ads in a smaller market.

And for niche audiences – avid photographers keen to learn tips for how to choose the right macro flash; hardcore skiers or snowboarders eager to read more about a foray into Whistler’s alpine; or people who love to cook and entertain – a print presence makes even more sense. For these kinds of audiences, there are magazines that offer a very targeted readership interested exclusively in

the products and services that serve the special needs of that audience.

Case in point, the publication you have in your hand at this very moment. It’s geared toward a specific audience acutely interested in the subject matter. Any business aligned with these topics and stories would do well placing an advertisement in these pages.

You don’t need a full-page ad in the Globe and Mail to captivate an audience and get noticed, but for companies that have a broader base of appeal for their products and services, large daily papers and more general interest publications can still be a very cost-effective way to raise awareness about your company.

Think about it for a moment: you can buy a piece of a page in a targeted publication, and if your print ad is well designed you can get people to seek more information, bringing eyeballs to your website or calls to your phone line. What marketer wouldn’t want that? It almost seems laughably simple when compared to the complex and interconnected world of building a brand via online channels.

Regardless of the kind and scale of publication that makes the most sense for your company, here are some print advertising rules to keep in mind: 1) Simple is better. The less you say,

By David Allison

2)

3)

4)

5)

the more people will remember.

Try picking a very competitive benefit that distinguishes you from your competitors and focus on that.

Have a clear and concise call to action. Tell people what you actually went them to do. Today, those instructions must absolutely include a website address, so people can learn more about you.

Make sure something about the advertisement is attention grabbing. People flip through magazines and newspapers. What’s in your ad that will make them stop?

You don’t want to blend into the rest of the page.

Remember that in today’s market, print advertising is best viewed as an awareness-building tool (except in very rare circumstances).

It’s about educating your customers by reminding, introducing or reintroducing people to your brand.

Be committed and consistent with your advertising. Don’t expect too much from one or two advertising insertions. You need to keep advertising over a long period of time, and keep saying the same things until you are absolutely bored of them. Around the same time you get bored, your audience will have finally started to remember your message.

Continued on page 23

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 15

TOURISM

article

GoingWITH the DOGS

By Bobbi-Sue Menzard

T

he Yukon winter might be long, but the dog sled season for tourists from around the world is short. First Nations tourism company Fishwheel Charter Services relies on a single dog sled race to attract most of the clients for their dog sled season.

Inuit Dawn Kisoun, the tour guide and part owner, along with Tommy Taylor (Han First Nation) operate Fishwheel out of a winter camp located near Dawson City and a summer base of operations in town.

In the winter, business focuses on dog sled and snow machine tours for customers hardy and adventurous enough to make the short plane hop north from Whitehorse. The one true busy time during winter occurs when the Yukon Quest dog sled race has a mandatory layover in Dawson City. Tourists, who flock to the race, are eager to try dog sledding for themselves and Fishwheel’s team of dogs is put through their paces.

“People are in love with dog sledding. They are excited from the moment the dogs are being hitched and stay that way through the whole hour-and-a-half tour,” says Kisoun. “So many of our customers have put dog sledding on their ‘list’ of things they need to do in their lifetime.”

It can be a tough sale to entice customers to leave the confines of the Yukon capital city.

The cost of the extra flight from Whitehorse to Dawson City deters many customers who have generally come via a multileg flight to the Yukon in winter.

16 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

This camp is the Dawson base of operations for Fishwheel Charters in the winter

In comparison the summer is simple for tourists; direct flights arrive from Frankfurt for European tourists to explore the territory.

“Our winter customers are still mostly Europeans who appreciate the wilderness and want to experience the North,” says Kisoun.

German tourist and Fishwheel customer Susan Heyne says the trip to Dawson City is worth it on many levels, but especially for the peace and quiet. “Where we live in Germany there is always noise. It is so quiet out with the dogs in nature. It is a wonderful experience.”

Tommy Taylor loves the quiet of nature. His father brought him up on the Yukon River and the adamant pull of the Yukon seasons and land

Snowmobiles are another part of Fishwheel’s winter business, and unlike dogs, when there are no tourists the snowmobiles don’t require feeding

has given Taylor his business today.

When Taylor founded Fishwheel in 1996 there were no other First Nations guiding on the Yukon River out of Dawson City. “I did this in part for the lifestyle and to get paid.”

Fishwheel was relatively easy to launch in the summer months.

After a year of planning Taylor had the pieces together to start the business in time for the Yukon centennial celebrations. Advertising at the local campground drove business to his boat, and continues to do so today. The summer boat tours remain Fishwheel’s bread and butter.

It is during the winter months, when Taylor must contend with fewer tourists and the expense of keeping the dogs, that cash flow is tenuous.

Fishwheel relies on word of mouth for advertising, since the traditional marketing of a rural tourist business in a major centre, Taylor feels, is pointless. He says, “Whitehorse really doesn’t share customers, and advertising there is too expensive and tourists just don’t get to the outof-town stuff. Businesses outside of Whitehorse are under threat because the government and other businesses in Whitehorse don’t see us.”

Dog sledding enjoys a romantic reputation that belies the constant hard work of feeding and caring for elite athletes who are born to run on four legs. Each fall Taylor harvests between 1,000 and 1,500 pieces of salmon just for the dog’s winter diet.

Local friends and hunters donate butchered scraps from the wild harvest to help fill the freezers, but straw bedding must be shipped in at $15 per square bale, and fuel is not getting any cheaper. Taylor has slowly sold off members of the pack. From over 50 dogs just a few years ago he is down to a single team of 12 dogs today.

“We are slowly going to get completely out of dogs and keep the snowmobiles. There is just not enough business to keep the dogs going,” says Taylor.

If winter touring goes to the snowmobiles, and without dogs to care for, Kisoun is hoping to someday get her own winter vacation somewhere south. The summer business will keep Taylor and Kisoun busy, when the steady stream of customers from Europe and North America are lured to the wild joys of the Yukon wilderness.

Photos contributed

new HOME TM

CHBA-CO.com NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 17

CHBA-CO sxth pg ad OBEx.indd 1

11-02-14 4:40 PM

18 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

Digging Outfrom

Entrenched

POSITIONS

By Laurena Weninger

Cheryl Brooks’ consulting company, Indigenuity, is committed to avoiding conflict

A

ccording to Cheryl Brooks, president of Duncan, B.C.’s Indigenuity Consulting Group, the best method for conflict resolution is to avoid conflict in the first place.

“People get very entrenched in their positions,” Brooks says about situations in which the process of negotiation goes bad between corporations and First Nations groups. “There are two parties [that end up] walking along separate but parallel roads. The government in the middle.”

Brooks, a Sto:lo from the community of Sts’ailes in the Upper Fraser Valley of B.C., started Indigenuity Consulting in 2000.

“We have worked on a number of projects where a big part of the work has been removing challenges,” says Brooks. “Basically we provide skills and experience in connecting the corporate sector with the First Nations sector.”

It’s a natural fit for Brooks, who has run the gamut when it comes to working with those involved in making decisions affecting corporations and First Nations groups. For nine years, she worked for the Federal government, focusing on conflict resolution related to First Nations. Then she jumped into the corporate world, as the founder and manager of BC Hydro’s Aboriginal Relations Department. Five years of that led her to the B.C. Ministry of Energy and Mines, where she became Associate Deputy Minister.

According to Brooks’ company website, in 1994, the Canadian Business Review recognized her as one of the first people in Canada to publicly express that relationship building between indigenous and other peoples was the needed foundation for solutions to socioeconomic disparity and its resulting tensions and conflict.

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 19

CO N S U LT I N G

featurearticle

DIGGING OUT continued

Francis Phillips, a.k.a. Bear, with Brooks while they are at a longhouse doing some cultural immersion training for one of her corporate clients

“One of the biggest impediments that applies equally to all parties is they are dealing with too many agenda items at once.”

These days, that’s commonly recognized, but even though strong relationships and comprehensive agreements are credited for the success of both First Nations and corporations, those agreements aren’t always easy to establish. Sometimes, even when they are established, they don’t last.

“I found large corporations…tended to touch on things on maybe too high [a level], and didn’t stick with it,” she says adding some plans and goals seem like a great idea until the rubber hits the road. “One of the biggest impediments that applies equally to all parties is they are dealing with too many agenda items at once.”

It was exactly this that led Brooks to starting her own business. She felt there was not enough focus, and that led to a sense that nothing was being done as well as it could be.

Much of the time in her work with government or a large corporation, she had unlimited resources including a broad spectrum of experts she could call on – but First Nations groups aren’t nearly as well connected.

“It just seemed like the scales were really unbalanced,” she says, pointing to this as one of the biggest barriers corporations hit when it comes to making effective agreements with First Nations groups.

“The process of reaching those agreements must be meaningful to First Nations,” says Brooks. “And [result in] solutions that will really work, that both parties can live and work with.”

That means a First Nations group must have adequate resources to draw on and be involved from the earliest stages of a process in more than a superficial way.

20 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

“A company must be honest and transparent about what it is seeking and why – this means it must understand its own business case and be prepared to commit real time and resources to achieving its goals.”

Brooks leads a team of three, including Janis Brooks, Dana Bellis and Brock Endean. They spend about 65% of their time working with the private sector and 35% with First Nations and aboriginal organizations. The majority of their work has been in British Columbia.

Right now, Indigenuity focuses on building working relationships between the private sector and First Nations, and on supporting self-reliance and capacity development for First Nations and aboriginal organizations through strategic planning and business development.

As part of this, she works with First Nations groups to help them develop strategic plans for the future. Such plans can help keep focus on future land use, cultural direction, economic goals and socioeconomic priorities.

This process alone helps a First Nation group make future directions that are deliberate, made in the knowledge of what is right for them as a group, with specific plans for introducing change.

It can help corporations, too. Agreements made with First Nations groups that feel empowered and a core part of the process tend to be more solid agreements because the signing partners have both thought things through.

Government can help, too, says Brooks.

“Governments impede progress by not resolving longstanding grievances and concerns that contribute to a tense and distrustful climate between the parties, by not defining policy and procedures to guide the implementation of court decisions, by making political commitments that are not backed up by resources and programs, by not assigning decision-making authority so that matters are endlessly caught up in the tug-of-war between agencies completing for mandates, turf and resources and One of Brooks' long time business associates and friends, Tim Isaac from the Okanagan Indian Band

never getting down to dealing with the issues,” she says.

A recent example of this – but Celebrating with Shawn 'A-In-Chut' Atleo after hearing not one that the news that Atleo had been elected National Chief Indigenuity was involved in – was the Prosperity Mine, an $800-million copper and gold mining project located 125 kilometres southwest of Williams Lake, B.C. The local First Nations, the Tsilhqot’in, opposed the development.

“From day one, the company (Taseko Mines Ltd.) said they were going to use a lake as the tailings pond,” Brooks says. “The First Nations in the area said, ‘Absolutely not.’”

Then, instead of a collaborative process, both parties dug in their heels to defend their stance through the multiyear government approval process.

“The lawful obligation to consult has been in place IMI_Sept_Ad:Layout 1 01/02/11 3:59 PM Page 1

for some time now – there must be a better way to implement consultation and permitting processes,” Brooks says.

She recommends the government make decisions earlier in the process about opening up the conversation.

That would mean less investment would be required to reach milestone decisions, and more motivation would be created to work collaboratively.

Past Indigenuity clients include the Assembly of First Nations, Avanti Mining, the B.C. Aboriginal Fisheries Commission, the B.C. Transmission Corporation, Comox Valley Regional District, the B.C. Ministry of Energy and Mines, and Natural Resources Canada.

Milestone projects include an Aboriginal Housing Needs Assessment and Strategy, strategic planning with key Aboriginal organizations such as the First Nations Leadership Council and the BC Assembly of First Nations and several Bands and economic development corporations, First Nations Review on the Offshore Oil and Gas Moratorium, and planning and development of the National Aboriginal Literacy Foundation.

Photos contributed

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The company was established to allow First Nations to become directly involved in the insurance industry, which in turn has allowed IMI Brokerage to create jobs and reap educational and monetary benefits.

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NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 21

CO LU M N

socialmedia

Top 10

Tips forAttracting all the bUSINESs

YOU WANT

By Karen Luniw

I

n the ‘New Economy’, that is in the post-recession economy, many people still have money, but how they spend it is very different. Many are still fearful about their jobs and so they are cautious about whom they spend their money with.

It’s easy to blame the economy or others for how your business is hurting, but here are a few tips to make sure you get out of your own way, so you can attract the customers you want.

Tip #1 – Get in Front of People

This seems obvious, but it is amazing how many people don’t do this enough. You’ll know if this is you if: you’d rather send an e-mail than phone someone; you’d rather put up a website than advertise, and; you’d rather go to a networking meeting and talk with your cronies than speak in front of an audience.

The people that are thriving are the ones out in front, reaching people face-to-face or phone-to-phone.

It struck me the other day how many businesses have cut back on advertising, not only because I am witness to the newspaper, TV and radio stations struggling, but because I

22 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

saw a commercial the other day that I hadn’t seen for a long time. I literally forgot about the business and because of that I hadn’t spent any money with them.

Businesses marketing themselves in a variety of ways to build a relationship are getting the business.

Tip #2 - Learn to Use Social Media

You’re not alone if you don’t understand social media and how it can help your business, but that doesn’t mean you should avoid it. Quite the opposite. Learn about it and create a simple strategy. It isn’t going away AND it’s another way to create a relationship with your customer.

Tip #3 – Take Action

Virtually everyone is avoiding at least three things in any given moment that could incredibly impact their business. Figure out what those are for you, and take action.

Tip #4 – Do something different

Move out of your comfort zone.

What always worked before will not always work in the future. What worked for your grandfather just might not work now.

Tip #5 – Are You Stopping the Flow?

If you’re not getting enough business – look to see where you are stopping the flow – communication; money; praise. Taking action in one area frees up energy in another and allows things to flow. Waiting for a contract to be signed? Is there someone waiting to get paid when you have the money in the bank? Free up the energy – pay the bills you can pay, sign the contracts and watch movement of energy in other areas.

Tip #6 - Maintain Integrity

It’s amazing that I need to write about this, but I see too many businesses operate without integrity for their customers, their vendors or staff and then wonder why business is difficult. You get what you give. In this economy, more than ever – integrity is a MUST or you will fail! Social media will see to that!

Tip #7 – Opportunity in Challenge

When a challenge comes up it always comes with some opportunity to grow, learn and prosper. It requires looking at the challenge in a new way.

Where’s the silver (or gold!) lining?

TOP 10 continued BUSINESS MARKETING continued from page 15

Tip #8 –Law of Rhythm

Learn to trust the ebb and flow in your business. It happens in every business. This is the natural process of everything that exists – business is no different. When you can trust this rather than panic – your actions will be different and you’ll automatically continue to attract more business.

Tip #9 - Invest in Yourself

We may have become used to investing in our business – it’s technology and capital resources, however, the most important aspect of your business is you and your continued growth and learning. If you stagnate, so does your business.

To people in larger, sophisticated companies, these ideas may seem self-evident. To that I can only say that it doesn’t hurt any of us to go back to the basics from time-to-time to ensure we are doing things the best way possible.

It’s unlikely that print advertising alone will be enough to help you achieve your marketing goals.

Even an aggressive print campaign will not have your product flying off the shelves, but as part of an integrated campaign with multiple

communication channels, print advertising is still an essential ingredient for success.

David Allison is a member of the Metis Nation, a Director of the Canadian Council for Aboriginal Business, and a partner at Braun/Allison Inc., the only aboriginal owned real estate and resort marketing campaign company in the world. You can read more of his articles about marketing in BC Business Magazine online at www.bcbusinessonline.ca/ onebrand. You can read about his company, and get his free book Sell The Truth, about real estate development marketing at www. braunallison.com. Follow him on Twitter @ BAdavid, or email him directly at david@ braunallison.com.

Tip #10 - Find Happiness in your Business

www.nbdm.ca

It’s pretty easy to identify ourselves in our business as problemsolvers and it’s not a stretch to think of our customers as the problem or problem-creators. When this happens, business suddenly starts to slow down. Reconnect with why you went into business and who you must love to serve. When we make our business fun, we automatically start to attract more customers. Have you noticed that Disneyland rarely lacks customers?

Karen Luniw is a Personal and Business Attraction expert, Author and Speaker who works with highly motivated individuals to up-level their life. Karen’s Law of Attraction Tips podcasts have been downloaded over 10 million times by people all over the world and has been on the top of the U.S. and Canadian iTunes charts. Find out more at KarenLuniw. com or read more of her material at www. thehuffingtonpost.com/karen-luniw.

www.nbdm.ca

BDC’S FIRST-HAND ABORIGINAL EXPERTISE HELPS YOU GROW YOUR BUSINESS. Making an Aboriginal business work requires innovative thinking and perseverance. So you need a partner with a particularly thorough understanding of growth and an open mind.

At BDC, we offer financing and consulting solutions specially tailored to fit your needs, along with the tools and know-how to help you reach your objectives.

For more information, contact Patrick Lamarre Monica James 514 697-5659 204 983-8924 (Quebec & Atlantic) (Prairies & West)

Cheryl K. Watson 204 983-3993 (Ontario)

bdc.ca

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 23

24 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

COVER STORY

featurearticle

Blackstone: Conflict and Resolution

By Devon Brooks

The new TV series’ creator explains the balancing act between creative desire and business acumen needed to put a show on air

W

ith a rich history embedded in story telling, there has been relatively little television done on aboriginal culture in North America. What has been created is too often buried in stereotypes of, on one hand, savages that had to be civilized or, on the other hand, of all-reverent nature lovers benefitting from perfect interaction with the wilderness.

There is the other side, of complex human beings, struggling forward in modern society with all the attendant pressures.

Canada has fared better than any other country at telling some serious stories about the life of the Inuit and First Nations people, but that’s not saying much. The better dramas have all been fairly recent, including The Rez, Spirit Bay, North of 60 and Moccasin Flats, but all of those are out of production now.

Perhaps the success of some of those shows, and the current lack of fresh material created the opportunity for Ron Scott to successfully pitch his new drama series, Blackstone. Blackstone is, as it says in their press release, an “exploration of First Nations’ power and politics.” The story covers the fictional Blackstone First Nation, which suffers from the corruption of chief and council and the fights arising from new leaders challenging them. The backdrop is a community in thrall to apathy and addiction. The political power struggle is directly connected NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 25

BLACKSTONE continued

This gas station near Edmonton stands in for the general store on the fictional Blackstone reserve

"It's not a documentary and it's not meant to be.

There's no comment here; we're just telling a story."

to very personal struggles of individual band members who are wrestling with alcoholism, drug addiction, greed and a chasm of directionless wandering.

Asked how realistic the story is Scott, ironically, comes down on both sides of the question. He replies, “It’s not a documentary and it’s not -Ron Scott meant to be.” Then he adds, “There’s no comment here; we’re just telling a story.”

At the same time he acknowledges that the first episodes are striking a chord with many First Nations people. Scott says, “On the Facebook pages you’ll see people saying, ‘That’s what my reserve is like,’ and that’s them talking, not me.”

Asked if the nasty, bleak subject matter might be helping to build another stereotype for aboriginals in Canada, Scott says he sees it differently. Any story must have conflict. There must be some challenge for the protagonist(s) to overcome. He also stresses these issues, while set on a reserve, are common across all of parts of modern society.

The modern reserve provides plenty of challenges and rich material for dramatic content. Without giving away any of the plot, Scott says Blackstone carries some positive messages to offset the darker dramatic tones of the stories. “The interesting thing is that Blackstone doesn’t tie it up in a bow, but I see it as hopeful.”

26 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

On the surface it might seem like getting a series like this on to the air would be easy. As noted earlier no new material with an aboriginal theme has been on any network for five years, and television’s demand for new material is insatiable.

According to the Canadian Media Production Association (CMPA) there were 752 television services in Canada in 2010. A ‘television service,’ in plain English, is a television channel, specialty service, payper-view, video-on-demand or a non-Canadian satellite service authorized for distribution. It does not include Internet broadcasts.

In short there are more channels, more shows and more people watching so you have to wonder why Liz Shorten, the Managing Vice-President, Operations and Member Services for the CMPA, says, “It has become harder to get a show on today.”

Scott, the executive producer and creator of Blackstone, which aired on APTN and Showcase starting last month, agrees. Getting Blackstone on air, he says, “It’s a huge process. It’s not an easy one.”

He points out that among those 752 services, “There are less than 10 Canadian dramas on television done by Canadians.”

Blackstone, one of those select few, will air nine episodes this season, including the pilot produced last year.

The large cast is almost completely aboriginal. Two of the three main writers (which includes Scott) are Métis.

Behind the cameras he admits there are not many aboriginals yet. Not enough First Nations people have taken the technical training to do the job; although he’d like to see more of them there.

Shorten explains why it is so difficult to take a series from an idea, no matter how good, to the small screen.

For the industry as a whole, she says, “There’s been a huge consolidation of broadcasters. There are more offerings, but there are fewer doors for producers to go through.”

Once you have enough experience, as Scott does, having worked on several TV series like Mixed Blessings, some animation and several other productions, you have a better shot of getting in the front door, but it’s still very tough.

Once there he says, you can’t really persuade a network to pick up a series. “It’s not so much convincing as it is a competitive process and it just comes down to a decision at the networks.”

APTN, obviously committed to aboriginal news and stories was a natural, but to help fund the cost of the show Scott had to get at least one more network to sign on. In this case that turned out to be Showcase.

He has a guess why Showcase backed the show, but admits he’s not really certain. “Showcase obviously liked Blackstone’s groundbreaking storyline. They made a decision based on the strength of the work, but to be honest I don’t know why they picked us.”

One of the reasons it is so hard to fund a television series is that those who invest in it have little chance of return.

Scott won’t give out details on what it cost his Alberta-based production company, Prairie Dog Film

Creator and executive producer Ron Scott talks to lead Carmen Moore (who plays Leona Stoney, the new chief trying to offer guidance and hope to her band)

+ Television, to produce each episode, but Shorten says the average cost for a one-hour show in Canada is $1 to $1.5 million.

The recipe is simple enough: if enough viewers watch a show then broadcasters can earn enough back from advertisers to cover the investment of buying in.

Broadcasters buy a show from an independent producer like Scott, but before he has a product to sell them, he has to persuade someone to invest enough money to make a show happen.

Blackstone used 70 actors in the nine episodes, with crews of 40 to 50 behind the cameras and another 20 people working on post-production. They all have to be

All these people and equipment gives an idea of the kind of expertise and skills required to film one scene from the new dramatic series Blackstone

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 27

BLACKSTONE continued

On the future of Canadian-made television dramas: "It's somewhere between neutral and rosy. People are still watching conventional television."

paid. Even before the filming Scott and a lot of other people had to invest a considerable amount of time and money to develop the idea to pitch. He says the idea first came to him in 2008.

Shorten says investors who help to fund a show’s development and then the filming may never see any - Liz Shorten of their investment again because many shows aren’t picked up. That means the development costs disappear.

Part of the problem is the huge change in the media world. The Internet is growing day by day, competing with television, but no one knows where that will go or how to make it work. “Webisodes,” the word coined to describe people watching TV shows on their computer, are unknown territory. Shorten says, “Webisodes are still mostly in the future, but there still isn’t a good business model.”

Scott says once he had the commitment he was able to keep costs down by doing block shooting. Since it costs a lot of money to get a set ready for shooting it is best to shoot all the scenes in one location at one time if possible. Since he had all nine episodes written up in advance, they could do that. Viewers may see those scenes in episode numbers two, four, five, seven and nine, but they were all shot at once. Viewers may seen scenes shot in the bar in eight different episodes, but they were all shot at once.

Since the whole season must be written in advance to make use of block shooting it can make things difficult if something goes wrong or needs to change. He gives an example of one character written around a heavier set woman. Her dialogue was geared to her weight issues, but when it came time to shoot those scenes, Scott says they couldn’t find any qualified actor to fit the requirements so they had to rewrite.

Changing something in midseason can be tricky because you have to be careful that what you change part way doesn’t mess up the story before or after that moment. He says, “Things can go different ways so you have to be dancing as you go.”

At this point Scott says response to the show has been positive enough that he feels fairly confident Blackstone will be picked up next year. “We’re doing scripts for season two and we’re feeling pretty good we’ll get another season.”

28 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

He also says, beyond watching the show, there is something vital that fans can do. Writing to APTN and Showcase to tell them they watch the show will make a big difference. It has kept shows alive before.

After all, while making television is very much a business, it is also a passionate business for those who want to tell good stories. Concludes Scott, “I’m a content creator, not a politician or consultant. I’m a storyteller and I want to tell the best story I can.”

Photos by Dan Power

Series “bad guy” former Chief Andy Fraser (played by Eric Schweig) discusses plot with series creator Ron Scott

CO LU M N

firststeps

Show me the Money

D

uring the height of the recession in 2008, an Okanaganbased aspiring entrepreneur, Charles Kruger, threw caution to the wind and decided he wanted to start his own business. He wanted do something that he loved, which in his case was riding his ATV through bush trails while learning about nature in his community.

Big Horn ATV Tours Ltd. is a far cry from a traditional bush trail ATV riding adventure. That’s because, while Charles was attending school and learning about the land in the Okanagan area, he became fascinated about eco-communities and species at risk within the Penticton Indian Band Reserve.

He decided to use ATV tours to teach others what he was learning.

After a few counseling sessions with the Penticton Indian Band’s general manager and business officer, Charles created a business plan and incorporated Big Horn ATV Tours Ltd. Charles sent out his business plan in hopes of getting a small business loan.

The financial institution he applied with advised him that he would not be considered for a loan unless he had equity and/or capital invested in his company that he could borrow against.

For any startup businesses, this

can be a major obstacle as most banks may require you to put up your personal assets before they will give you a loan. When applying for money, there are two common types of financing to consider. An entrepreneur can apply for: 1.) Equity Financing – This is known as financing yourself, if you have cash on hand to put into the business to cover your startup costs. Maybe you also have family or friends who are interested in your business idea and would be willing to invest in your business; although you might have to give up partial control.

You use your cash and/or that of your investors instead of making larger loan payments to financial institutions and/or individuals. You can start your business without the burden of a huge debt.

2.) Debt Financing – If you decide that you do not want to take on investors and want control of your business, you may want to pursue debt financing. This probably means getting your funding, by applying for a business loan, personal loans, home equity loans, or even credit cards.

The disadvantage of borrowing money for a small business could be great.

You may have large loan payments at precisely the time you need funds for startup costs.

With help and advice from the

by Leslie Gabriel

financial institution, Charles decided to pursue debt financing and put up nine registered ATV’s as a promise for the loan. In turn, the financial institution agreed to lend him the money to start up his business. A precautionary warning (even if your business is incorporated): if you decide to put up your personal assets and your business goes under, you will lose your personal assets to the bank and still might owe for the loan.

In this case, Charles decided the best option, in order to have control of his company without investors, was debt financing.

Which is the best financing option for you, debt or equity? It depends on your situation. That includes your financial capital, willing investors, your credit standing, the strength of your business plan and the type of business you plan to start. All of these factors will have an impact on your ability to get money and the decision you make in the end.

Lesley Gabriel, B.B.O, is the business officer for the Penticton Indian Band Development Corporation in British Columbia. For more information on how to become an entrepreneur, or if you have questions you would like to see answered in a future column, please contact her at lgabriel@pib.ca or by calling 250-492-3154.

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 29

A RT & CU LT U RE

article

TANYA TAGAQ The

World’s Favourite Throat Singer

By Darcy Nybo

Completely overlooked in her native land Tanya Tagag is an international sensation

30 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

H

er music has been described as a’cappella with a twist, jazz with a northern attitude, and folk with a spark of funk. Tanya Tagaq’s music is none of this and yet, more.

Tagaq grew up in Cambridge Bay (Ikaluktuutiak), Nunavut and is a vocal soloist in a craft usually performed as a duet. She brings her own special style and interpretation to Inuit throat singing and manages just fine on her own. Her fierce energy is heard with the ears but felt with the heart and soul.

Tagaq is not well known in Canada; however, she is an internationally renowned artist. She was recently awarded Best Multi Media by the Western Canadian Music Awards at their BreakOut West conference held in Kelowna, B.C. in late 2010. Outside of that, few Canadians have ever heard of her.

Tagaq’s foray into throat singing came as a lark. She was at the Great Northern Arts Festival for Painters displaying her works in oil. She had been experimenting in throat singing when she was asked to fill in for a performer at the Festival.

“It was fun,” she says from her home in Yellowknife, Northwest Territories. “A couple of Icelandic people in the audience wanted to record me and they said they were friends with Bjork and would give her the video.

I was just messing around with it and the next thing I knew I was on tour with Bjork!”

Tagaq started her tour in Stuttgart, Germany on September 11, 2001. “I was a little hick from Nunavut and it scared the pants off me,” she recalls of that now notorious day. “It was my first time out of the country and my first introduction to touring. I thought it was going to be World War III. I ended pushing myself way to hard and had to come off the tour just before we did Jay Leno because of a double kidney infection.”

Tagaq recovered and was later asked by Bjork to come to the Canary Islands and help her record her Medule album. Tagaq obliged, bringing her four month

old baby with her. A few years later, Bjork’s husband Matthew Barney (touted as the most important artist of his generation by New York Times Magazine); asked her to do some sound tracks for his film Drawing Restraint Nine.

Tagaq says she always believed herself to be a “crap singer,” and she found it easier to express herself through throat singing. “I actually am getting my voice now and I think it’s a nice one,” she says.

When asked how she learned to throat sing, the answer is as unique as her career path. “I had a few tapes that my mom sent me when I was in school and I tried to copy the tapes, but I didn’t really have anyone teach me.”

Since then Tagaq has had a cousin and some other throat singers teach her more traditional Inuit songs. “It kicks butt,” she laughs. “It takes it to a whole different level than what I’ve been doing.”

At 35, this tiny woman with the throaty voice now thinks nothing of doing world tours. “We just came back from China,” she says. “I’ve been to 29 countries now.

I have a lot more success outside of Canada, which is very typical of Canadiana. Next I am going to Australia, Prague, Italy, Scotland and Bordeaux.”

Like many Canadian artists Tagaq is a little baffled how the rest of the world can see her talent, but her country folk do not. “It’s like we can’t celebrate what we have [here in Canada], we have to go and get famous somewhere else. It’s easier money wise and in all matters to tour outside of Canada anyway. I think it’s sad. I want to come home because I love my country so much.”

Tagaq doesn’t have a favourite performance memory; instead, she has an eclectic variety of them. “I did Carnegie Hall, which was just amazing,” there is a minor pause and in the same breath she adds, “and one of my favourite performances was in Courtney, B.C., outdoors on a small stage; it was magical.”

A moment later, she brings forth another memory.

“Sometimes, when I sing outside, the animals come to hear me. I would sing to animals when I was younger and they’d come right up to me. But you know, some of the best times are in those little café’s where I’m dripping sweat at the end because I’m singing so hard.”

When asked what she’s most looking forward to in her upcoming tour she laughs. “Believe it or not I’ve got a gig coming up at the nastiest bar in the whole world and it will be great. I can really let loose in a bar. I can’t shake my bootie at Carnegie Hall.”

For more info to go at www.tanyatagaq.com

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 31

CO LU M N

bookREPORT

Bad Medicine:

A JUDGE'S STRUGGLE FOR JUSTICE

Bad Medicine: A Judge’s Struggle for Justice in a First Nations Community

By John Reilly

© Rocky Mountain Books, 2010 $22.95 Softcover 261 pp.

H

32 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

ow to solve the problematic relationship between First Nations and the Canadian justice system is an ongoing and dispiriting debate. Bad Medicine, A Judge’s Struggle for Justice in a First Nations Community is an inside look at the difficulties facing the justice system, the jumbled continuum of relations between First Nations communities and various governance structures and the devastating effects of institutional and political failure.

Author and judge John Reilly writes from a first person perspective, as a long serving criminal judge with jurisdiction over the Stoney Nakoda Nations’ three reserves, located west of Cochrane, Alberta.

In the introduction Reilly says, “I think that if everyone were to learn the lessons I have learned, some might change their attitude toward the Indian people.”

He might say it is about greater understanding, but the real thesis comes to light about a third of the way into the book when Reilly discusses the impact of the 1996 amendments to the Criminal Code on his sentencing practices for aboriginal people.

“The last nine words of subsection 718.2(e) – “With particular attention

to the circumstances of Aboriginal offenders”- in my view opened the door to a whole new approach to the sentencing of Aboriginal offenders.

This was a new deal created by the Parliament of Canada…here for a change was a piece of legislation that I felt was tremendously enlightened.”

Reilly’s embrace of the new sentencing guidelines comes in the midst of a short chapter about Ernest Hunter, a Stoney nation member who pled guilty to a drunk, violent assault. Judge Reilly freely admits Hunter, “Might not have been the ideal individual for a test case, but his circumstances were.”

‘Circumstances’ becomes Judge Reilly’s watchword. His frustration at the circumstances of life for so many of Stoney people animates his crusade for relevant sentencing and justice. Determination to see change holds him in good stead when his decisions attract hostile political attention and media light.

This mix of philosophy, explanation and narrative provides a quick read, but the book is structurally weak.

Reilly’s recall of the slow pace of the courts and the interactions with people within the community is fascinating, but the digressions span up

BOOK REPORT continued

to a quarter of the text. Judge Reilly is really writing two books in one here, and the jumping back and forth between his memoir of friendships and a polemic arguing for a rethink of aboriginal treatment within the Canadian justice system take away from both aims.

In these shifting story strands, Judge Reilly pulls no punches against the Reverend Doctor Chief John Snow. Early in the book Judge Reilly posits that his opposition to Chief Snow gained so much attention because, “I broke the taboo that says you do not criticize an Indian chief.”

Judge Reilly peppers Bad Medicine with instances of Chief Snow’s failings, from missing funds to shuttered social programs. The continuing, public desperation on the Stoney Reserve Chief Snow left behind after his death in 2006 after decades of established leadership, should be open for criticism on the merits of his failed record.

It is unfortunate, with so many of Chief Snow’s failings in the public eye, that instead, Judge Reilly’s rhetorical flamethrower for Chief Snow becomes so personal. Bon mots include: “…I shook his [Snow’s] hand.

It was an eerie feeling. I have since come to the conclusion that I was being touched by the most evil man I have ever encountered.”

When Judge Reilly couldn’t justify his low opinion of Chief Snow he repeats a rumor: “One of John Snow’s first actions after being re-elected as chief was to discontinue the law suit.

There was a reasonably well founded suspicion that he was benefiting from the logging and that the proceedings would have been an embarrassment to him.”

Oh really? While it’s not fair that a memoir be held to the same standard as evidence in a courtroom, it is a bit rich for an author, who was a judge, to throw devastating hearsay onto

the printed page without even attributing the rumor’s source.

The nastiness directed against Chief Snow distracts the reader from Judge Reilly’s disappointments as his approach to justice for aboriginal peoples ran into institutional inertia.

The way the book reads Chief Snow’s decisions harmed his people locally, but the justice system, which damaged many more people, comes in for gentler criticisms.

In 1999 Judge Reilly hosted a sentencing circle and decided on two years probation with terms for a violent assault, but the Alberta Court of

“It's hugely disappointing to me that the Canadian criminal justice system so focuses on denunciation and deterrence that it cannot see the benefit of forgiveness and healing.”

Appeal was not pleased. The Appeals Court opts for imprisonment instead of the treatment Judge Reilly believed Ernest Hunter really needed.

Judge Reilly later laments, “It's hugely disappointing to me that the Canadian criminal justice system so focuses on denunciation and deterrence that it cannot see the benefit of forgiveness and healing.”

Near the end of the book Judge Reilly devotes a single chapter to the suicide of Sherman Labelle, aged 17. Judge Reilly presided over the 1999 inquiry into Labelle’s death and used the process to do extensive research on the much wider problem of aboriginal suicides to make recommendations.

It is an episode that deserves a larger portion of the book. Instead Judge Reilly writes a summation of the inquiry process at breakneck

speed, discussing the family life of the deceased, the lack of community services, The Royal Commission of Aboriginal Peoples and then makes summaries of his recommendations.

All in a mere 20 pages. Perhaps Judge Reilly felt too much time on the inquiry would unbalance the book, but his most thorough arguments come in this short chapter.

Judge Reilly then drops the 1999 inquiry to shift down into anecdotes.

That is a shame since his recommendations are worthy of a broader conversation.

The epilogue is a barn burner, recounting a 2010 spat over political interference in education on reserve.

The author indulges in more speculation, pours out damning facts and includes some snappy judgments, “In my view there is no democracy on this reserve. My impression is that reserve elections are decided by payoffs, scare tactics and intimidation.”

Judge Reilly acted, backing up his scorn for current Stoney leadership. The book reprints a letter he sent in May 2010 to Minister Chuck Strahl and Alberta Minister of Justice Alison Redford with a heartfelt plea for action. It will be cold comfort to every decent aboriginal in Canada that INAC’s non-response to a former judge is as Orwellian and banal as any rejection letter ever penned by the department.

When Judge Reilly does what he does best, Bad Medicine puts forward good arguments for restorative justice, worthy of a read. It is heartening to read of Judge Reilly’s relationships with the community he judged. The two appended judgments should not be missed for information’s sake if nothing else. If you are looking for a sustained discussion of restorative justice without incendiary digressions, use Bad Medicine as an illustration to the research you have left to do.

Reviewed by Bobbi-Sue Menard.

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 33

Pond Inlet (population 1,315) pictured here is typical of many Nunavut communities, small and isolated, yet surprisingly modern

34 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

Nunavut's Business

G OV E R N M E N T

featurearticle

By Racelle Kooy

Photo Courtesy of the University of Regina

C

anada’s newest (and largest) territory seems to be coming into its own. It’s been just over a decade since the creation of Nunavut in 1999. These lands are not lacking for attention. Politically, Nunavut remains part of federal and international political buzz because of geographical and historical muscling regarding Arctic sovereignty. Economically, modern prospectors are keen to explore and exploit what the territory’s vast lands have to offer. There be iron ore, gold, diamonds and uranium in ‘them thar hills.’

Far north economic projects have a ‘here today, gone tomorrow’ aspect to them, making it difficult to plan and develop in the long term.

Two prominent Inuit residents, newly elected Mayor of Iqaluit Madeleine Redfern and businessman Victor Tootoo weigh in to on two crucial issues: strengthening environmentally responsible economic development and power generation in Nunavut.

Victor Tootoo has enough direct relatives to form a small Inuit community on his own, but he always likes to clear up one item when he meets anyone new. Yes, he is related to Jordin. In fact, Tootoo and his 45 other first cousins can all lay claim to their famous right-winger, NHL-playing relative, currently with the Nashville Predators.

In addition, as Nunavut is so small (population hovering around 30,000), Tootoo knows pretty much everybody he is working with over an immense area of nearly 2 million sq. km. (approximately half the size of Europe).

As the majority of his family reside in Nunavut, his business credo makes sense — from a perspective of family. He stated: “If you want to continue to do business, you need to have an understanding of the business family that you are working with, especially in Nunavut. I am helping my friends to solve their problems on a professional level.”

Not only does Tootoo have a handle on the business family, he has a handle on the territorial government as he got in at the ground floor in the development of Nunavut. He was the second person hired for the Department NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 35

NUNAVUT'S BUSINESS continued

of Finance for the precursor of the territorial government: the Interim Office of the Commissioner of Nunavut. Over his decade of service to the territorial government, he served as Assistant Deputy Minister in Finance and Health and Social Services and as Deputy Minister of Human Resources and Executive & Intergovernmental Affairs.

Currently, Tootoo is VP, general manager and partner of Aarluk Consulting, an Inuit majority-owned firm in Iqaluit. Aarluk offers consulting services in community development, policy and planning, economic and social development, training, organisational and business development, evaluation, project management and communications.

Since starting work with Aarluk, 18 months ago, Tootoo and his team have managed over 200 active files.

In addition, he has chosen to branch out where he felt he could add value. He sought opportunities that he believed in and where he could work with friends.

With the resurgence of the mining industry, Tootoo branched out in two joint ventures serving the sector: construction and off strip aviation. As a partner in Nahanni Nunavut Construction Ltd, the company secured the job of pouring all the concrete for the gold mine at Meadow Bank. In partnership with Discovery

The inukshuk pictured here is an ageold tradition of Inuit people used as way-finders across Nunavut’s enormous, sparsely populated landscape

36 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

Mayor Madeleine Redfern of Iqaluit, Nunavut's largest community, stresses that sustainable development and power generation are two priorities for her community and Nunavut

Air, they are meeting exploration companies’ off strip aviation needs.

In Iqaluit, Tootoo is involved in a property development known as Green Acres Nunavut. He and his partner acquired, relocated and retrofitted existing housing infrastructure to create a seven unit heavy industrial commercial space. He is interested in installing an alternative energy source for the site and is investigating the viability of new wind turbine technology.

Currently all power generation in Nunavut is done via diesel generators. There is a proposed 19% increase in power rates to order to upgrade the existing generators,

Victor Tootoo has served as a bureaucrat in the Nunavut government, but now works as a businessman in construction, air services and consulting

as many of the diesel generation plants in Nunavut are already beyond their useful lifecycle. Tootoo declared: “To reduce the dependency is beneficial a number of ways: better for the environment and creates less of a strain on the existing power generation systems.”

Madeleine Redfern may not have jurisdiction over power generation, but as Mayor of Iqaluit, she is alsoconcerned about the state of the diesel power generators. At the time of the creation of Nunavut, many of the power plants were already midway or past their lifecycle of 20 to 25 years.

The implications of loss of power cannot be taken lightly, with the some of the world’s harshest winters.

It becomes an immediate issue as people’s lives become at stake. As Madeleine stated: “Without power, our city does not function.”

Iqaluit is the largest community in Nunavut with 7,000 residents. Nonetheless, it’s very different from the south because for the most part it is accessible by plane only, and even then not every day. Ship access, used primarily for the movement of nonperishable goods, has a window of only a few months in the summer.

The cost of living is very high. A litre of orange juice runs to around $10 and renting a small, one-bedroom apartment will cost about $1,400 per month.

At the same time, this is home for the people who choose to live here and the people who were born here.

When asked about economic development, Madeleine says: “Iqaluit supports development. We wish to maximize the benefits and reducing the harms that are not just for the environment but also the impacts on our communities. The challenge is there are such high unemployment rates in our communities; residents are looking for opportunities for employment. They wish to [be] independent, self sufficient and not reliant on government for social assistance or employment insurance. At the same time, residents also recognize, that

depending on what type of mining activity, there is potential for impact in the environment. It would [be] incorrect to believe that any type of mining does not have environmental impact.”

In her capacity as a political figure and as a concerned citizen, Madeleine believes part of her job is trying to ensure people have sufficient background on projects to make informed decisions. She pushes project proponents to share accurate information with the communities.

In addition, community members possess much valuable information about what the migration routes are of particular animals, or spawning periods, the change in environmental conditions through the seasons and their usage of the land. The more information that community members are given, the more information that community members are able to give back.

That allows better the planning by the companies and government bodies.

Madeleine declared: “We are proud to be part of Canada. We are all in this together. There is a lot of opportunity in the north and Canada will benefit.”

Photos contributed

Working with First Nations to build homes and opportunity for everyone.

Wayne Brown e-mail: wayne@bigfoot-mfg.com

Ph: 250-835-8885

www.bigfootloghomes.com

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 37

CO LU M N

businesslaw

Partners, Partnering, Partnership:

LEGAL Implications

tHE

T

hree business associates sit down for a meeting to discuss buying a business. They decide to proceed, but do not sign a contract. After several failed attempts to reach a deal with the seller, one partner goes off and buys the business on his own.

The other two claim there is a partnership, sue for breach of duties owed to the partnership and claim a share of the business. The lawsuit was unsuccessful, but it was time consuming, expensive and very public. This is a simplified version, but essentially what happened in the case of an undocumented “partnership” for purchase of the Vancouver Canuck’s hockey team.

The lesson? Partnerships can be dangerous vehicles.

“Partners” is currently a popular word among First Nations communities and other businesses, often used to describe relationships between people who want to work on a project or do business together. It connotes working towards a common goal and mutual benefit, but that word – partners – has a very specific meaning in law. It carries with it duties and liabilities you may not want.

The Legal Definition of Partnership In law a partnership exists if there is an agreement, written or verbal, to carry on business in common with a view to profit. This means that if two or more people or organizations have an agreement to carry on business 38 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

By Andrea East

together in the hopes of making a profit (actual profit is not a requirement, just the desire), then they are partners and have the legal rights and obligations of partners.

A formal written agreement is recommended, but not required.

Where there is no formal agreement, legislation sets out rules for handling various situations.

The Consequences of Partnership Partnership is a fiduciary relationship, that is one based on trust, and the law imposes a duty of utmost loyalty and good faith. Each partner must work for the benefit of the shared business, and is not entitled to direct opportunities or customers away from the partnership. No partner can compete with the business of the partnership.

The partners share the profits, and are all liable for the debts and losses of the partnership. The partners are also liable for money owed by the partnership or if any of the partners is negligent or causes damage while carrying on the partnership’s business.

Any person owed money by the partnership can sue any of the partners for payment, whether or not it was that partner who caused the damage or debt. It is this shared, and sometimes unpredictable liability (lawyers call it “joint and several liability”) that is one of the biggest concerns.

Partnership Structures There are several different partnership structures available.

A “general partnership” is the standard partnership with no liability protection, and is the default structure that applies if the partners do not take consciously decide to create one of the other structures.

The other structures are “limited partnerships” and “limited liability partnerships.” Both of these limit the liability of partners for the actions of other partners. These structures are governed by provincial legislation, and you should consult a lawyer about whether either or both of these are available for business in your province.

Limited partners are basically silent partners; they put in money, but have no control over management.

The limited partners, so long as they do not get involved in management, have no liability beyond the amount of money they contributed to the partnership. This structure requires a formal agreement and registration with the provincial government.

Limited liability partnerships are generally used by professionals such as law and accounting firms, but in British Columbia, for example, this structure is available to any type of business.

This model allows all partners to be active in the business, and provides Continued on page 41

B.C. DUO added to Aboriginal BUSINESSHallofFame At the Canadian Council for Aboriginal Business (CCAB) thirteenth annual dinner gala in Toronto two more inductees will be added to the Aboriginal Business Hall of Fame. This year the CCAB is honouring the contributions of two British Columbia business people, including Chief Clarence Louie of the Osoyoos Indian Band and Ruth Williams, the CEO of the All Nations Trust Company (Antco). Antco is based in Kamloops, while Williams is a member of the Shuswap First Nation.

It is seven years since the CCAB started up the Business Hall of Fame.

Since then 13 people have been inducted from across a wide variety of businesses. Past notables include Irvin Goodon, Chief Billy Diamond, Suzanne Rochon Burnett, Fred Carmichael, Garfield Flowers, Chief Harry Cook, Chief Victor Buffalo, Nellie Cournoyea, Ron Jamieson, Chief Jim Boucher, Mervin Dewasha and Pita Aatami.

Inductees for the Hall of Fame are nominated by members of the aboriginal community.

Louie, who has been chief since 1984, has worked to provide his band with a variety of businesses giving opportunities for employment, advancement and a steady income for individuals and the band itself. For his efforts Chief Louie has received a series of awards and recognitions as long as his arm. They include ‘Economic Developer of the Year’, ‘Inspirational Leadership Award’, one of the ‘Top 50 Canadians to Watch’ and the ‘Order of British Columbia’ among others.

Chief Clarence Louie (left) and Ruth Williams (right) are to be honoured at the Canadian Council for Aboriginal Business (CCAB) gala dinner in Toronto

Williams, who also received an honourary Doctor of Laws from Thompson River University in Kamloops in 2010, has headed up a financial organization with great numbers. Solidly profitable again last year Antco boasts of having a loan loss ratio of less than 1% over the past seven years. Aboriginal financial institutions as a whole have averaged 6% loan losses over that period.

In addition to being Antco’s CEO, a position she has held for 11 years, Williams works on seven different boards, most related to financial or housing issues like the First Nations Market Housing Fund and the National Aboriginal Capital Corporation Association.

Photo of Ruth Williams contributed Photo of Chief Louie by Shawn Talbot

NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 39

BRIEF

newsflash

BRIEF

newsflash

ASSEMBLYof

First Nations comes out Swinging in Band

Pay Debate

In December the Canadian Taxpayers Federation (CTF) raised the temperature for many Canadians, native and nonnative alike, when it unveiled salary numbers for band chiefs and councillors.

The CTF information obtained under access-to-information requests, was based on partial numbers and the Federation complained that many band chiefs and councillors were grossly overpaid.

CTF criticisms were based on comparisons between the band officials and the prime minister of Canada or the premier of the respective provinces. Since band salaries are mostly nontaxable the numbers used were inflated by the CTF to the equivalent purchasing value for politicians who pay taxes. The salaries seemed even larger when a comparison was made between the numbers of residents the average chief and council were responsible for versus the senior Canadian politicians.

In January the CTF repeated its claims when it published more complete information on band pay rates.

The newer figures were made public under the provocative title of ‘New jaw-dropping reserve pay numbers.’

Using the new information the Federation claims that more than 50 reserve politicians made more than the prime minister in 2008-09 while 160 made more than the premier in their provinces. Alberta reserves seemed to come off the worst with more than 32 band officials making 40 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

more than the prime minister. The highest pay went to Mike Halliday on the Glooscap reserve in Nova Scotia, who was paid $978,468 tax free, comparable to $1.8 million if earned off-reserve and taxed.

Chief Shirley Clarke of the Glooscap band, who earned $243,000 a year for looking after the band of 304 people, has criticized the CTF for its reporting. In a CBC interview Clarke said, “It has singled out native communities in a way that deepen prejudice and reinforces stereotypes, and that is not fair.” She insists she and the councillors work hard for their money.

Responding to questions about Halliday’s earnings, Clarke said he earned that amount for doing work on the reserve and described him as one of the band’s better entrepreneurs.

According to INAC numbers only 87 people lived in 27 homes on the Glooscap reserve as of December 31, 2009. Neither Statistics Canada nor INAC have income figures but the employment rate for reserve inhabitants on Glooscap is 37.5%, of which two-thirds are listed as being in retail sales positions.

Residents, apparently unaware of the earnings of the chief and council, have requested a meeting to discuss the hefty salaries.

In response to the first CTF publication Conservative MP Kelly Block proposed Bill C-575, the First Nations Financial Transparency Act.

C-575 is a private member’s bill that would, if passed, require all band salaries paid by the federal government to be published annually with separate data on expenses for transportation, accommodation, incidentals and hospitality.

Grand Chief Guy Lonechild of the Federation of Saskatchewan Indian Nations endorsed the proposed act shortly after the first CTF publication. Talking to APTN Lonechild said, “I think it’s just another step in the direction to ensure that First Nations are accountable and a prime example of how transparent we need to be.”

The Assembly of First Nations is apparently having none of it. In a release published this February the Assembly is apparently taking Chief Clarke’s stance, suggesting that the study is unfairly tarnishing all reserve councillors and chiefs. The Assembly says the CTF’s numbers “once again, misrepresent the First Nations reality.”

The Assembly’s release suggests that First Nations are already overburdened with paperwork and that First Nation salaries need to be “grounded in reciprocal accountability and self-determination, rather than a smear campaign that sacrifices analysis for big headlines.”

The CTF numbers were criticized for including all payments to the reserve politicians, something the Assembly says is not fair because payments to the senior Canadian

NEWS FLASH continued BUSINESS LAW continued from page 38

politicians for expenses or outside remuneration are not included, as it was for the First Nations officials.

The Assembly’s other telling point was that the average salary for one of Canada’s 3,297 First Nation’s elected officials is $36,845. Even with the extra purchasing power afforded by tax free status, these are not exorbitant pay rates.

The Assembly of First Nations did not mention if or how accountability for First Nations should be achieved, nor did they suggest that it is desirable that the figures be made public.

liability protection to the partners for the actions of another partner so long as they did not know of the activity that caused the liability.

This structure also requires a formal partnership agreement and registration with the provincial government.

What’s in a Word?

In a dispute, a court will look at the intentions of the parties and the form of the relationship, not just what they called it, to determine whether there is a partnership. Being aware of the legal consequences of being partners, and choosing words

that match your intentions for the relationship, can go a long way to protecting yourself. A relationship may be better described as a “joint venture,” a “collaboration,” a “business alliance” or something else which describes the circumstances.

Andrea East is a business lawyer at Pushor Mitchell LLP practicing in the area of First Nations Law and commercial transactions.

You can reach Andrea at 250-869-1245 or email her at east@pushormitchell.com. This article is intended for general informational purposes only and should not be construed or relied upon as legal advice. Always seek legal advice concerning any specific issues affecting you or your business.

Comments from First Nations individuals posting on the Canadian Taxpayers Blog in response to the release of First Nations elected official pay rates “I have no problem with my elected officials....we get yearly reports and financial statements, we own companies and are a healthy community. But as long as we are being “transparent,” let’s post the salaries of all the government workers online, just to be “fair” and “equal.” -“It’s only fair to Canadian tax payers who fund Indian Affairs and all of their employees, which is part of government, who in turn provides the money to bands to run programs, and maintain salaries. I am native.

I agree with the CTF on this issue, and believe me, the amounts are way off.” --“ As someone who managed First Nations finances for many years, I can say with certainty that there are good leaders and not so good leaders. Some leaders make little money and do a very good job while others make a lot of money and accomplish nothing. The payments shown by the CTF are understated and would not include honoraria or per diems paid from Tribal Council, Band owned companies, and other organizations.” -“I hate that there is greed but what do you expect when you give money to a population living in a third world condition? Did you expect happiness and sharing the bounty? Our communities are devastated and need help. We are too scared to appear like we don’t know what we are doing and we don’t want to ask the oppressor for help.” --

“The issue in my mind, is not the tax dollars going to reserves – it’s the way the funds are squandered

by SOME tribal elite at the misfortune of others.” -“Know lots of people on our closest reserve (pop: 577 give or take)...and my comments concern this reservation specifically.....believe me when I say these salaries will never be willingly disclosed, the “native public” on the reserve will go ballistic. To those on “normal assistance” $50k tax free is a crap load of bucks, so there will be quite the uproar!!!” -“The totals used to claim that 82 First Nations leaders earned more than the Prime Minister include travel and per diem allowances, and honoraria. Did the CTF also take into consideration, at the very least, the Prime Minister’s travel expenses which totaled $74,613 last year? This all seems very misleading to me. Anyone care to explain?” -“It’s not really fair to paint all elected officials as “Thiefs,” but I fully agree that the salaries should be made public. The Chiefs (at least our current Chief, and past Chiefs) will and would not share the information with the band members. At times, there were figures briefly mentioned during band meetings, but anyone can throw in a “rough” figure to please the band members.

The best practice would be is to have audited financial statements prepared by auditors and provide this documentation to the people.” -NATIVE BUSINESS DEVELOPMENT MAGAZINE • FEBRUARY 2011 41

BRIEF

newsflash

CHINAopens arms

toSeal ProductsfromCanada

The Canadian government has secured a deal that allows the sale of edible seal products in China.

Federal Fisheries and Oceans Minister Gail Shea inked the deal in mid-January of this year, which became effective immediately.

The agreement allows for the immediate sale of the seal meats and oils. The industry is fairly small, amounting to a total of $3 million in 2008 and there is no guarantee that the Chinese will consume any more seal in the future than before

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42 FEBRUARY 2011 • NATIVE BUSINESS DEVELOPMENT MAGAZINE

the deal was signed. Prior to the European ban Canada had shipped about $5.5 million in seal products to that continent. Since the ban seal pelt prices have fallen to a fifth of previous values; a pelt that went for $105 in 2006 sold for $21 in 2010.

With the European ban on seal products China and Russia have been the primary product for seal products, fur in this case, for some time; although there are some small amounts of seal meat going to South Korea and Japan. The sale of fur by itself causes problems because the annual hunt is seen as wasteful if it is only for the fur and images of seal slaughters have been effective in causing public revulsion for the hunt in Europe.

This is even though seal populations have tripled or quadrupled, depending on who is speaking, since the 1970s when they fell to a low of approximately 2 million. The Department of Fisheries and Oceans catch allotment varies between 200,000 and 300,000 seals per year.

Minister Shea, on signing the agreement, said, “China is the world’s largest consumer of fish and seafood. It is a market that represents great prospects for Canadian harvesters and processors and great growth potential for our exports.”

For Inuit in Labrador and the northern territories the new market is welcome. Nunavut Tunngavik (NTI) is the corporation formed to oversee the terms of the Nunavut Land Claims Agreement with the federal government. Nunavut Tunngavik’s president, Cathy Towtongie, says they are delighted with the new agreement. She says, “I applaud Minister Shea for signing the agreement and boosting Canada’s seal trade, and enabling Inuit to participate in a healthy traditional economy. NTI fully supports the proposed agreement.”

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Thanks to all our advertisers, readers and supporters...

Left to right: Owners of Prosper Media Group - Suki Derriksan, Noll Derriksan, Craig Brown, Chytra Brown.

Rising stars always start out from flat horizons. Our horizon at Prosper Media Group started less than two years ago with the Okanagan Business Examiner, during a time of downturn and recession.

We started with newsprint copy, uncertain distribution and the belief that Okanagan readers would support local news about what’s happening here, not in Vancouver or Washington, DC. You proved us right. From that horizon we’ve expanded into 10 publications and a custom publishing division that offers excellent service right across Canada.

We were, and are honoured, that the Kelowna Chamber of Commerce recognized our hard work with the Rising Star Award.

One thought is always foremost in our minds – making products that are content rich, beautifully photographed and portrayed, on the best paper money can buy. This allows us to provide what other media is no longer able to with their continual cutbacks in budget and coverage – a damn good read and the best ROI for our advertisers.

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Who Owns Our Food?

inside:

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On the Road Again in Manitoba

ALsO: Your LocaL Farmers’ market DIrectorY

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The 10 Commandments of Customer Service

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Financial literacy needs to start young

Feeling Better Yet? saFetY anD Green thInkInG DestroY aGrIcuLture In B.c.

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