By JOYCE LANGERAK
Penticton Herald Staff  
Sept 21, 2000

Chief sued by railway for protest

Action against Stewart Phillip of Penticton band arises 
from blockade of rail line in support 
of Mi'kmaq fishermen

Penticton Indian Band Chief Stewart Phillip is being sued by Canadian Pacific Railway for his 
role in a blockade near Chase.

Also named in the suit is Richard Manuel, a councillor with the Neskonlith Band, whose reserve is crossed by the CPR line.

In his capacity as president of the Union of B.C. Indian Chiefs, Phillip, with some 70 others, parked an aluminum 
boat and trailer hung with protest signs across the line about four kilometres west of Chase on Wednesday.

The blockade, which lasted several hours, was lifted at about 4 p.m. after stranding 13 trains between it and Calgary.

The action was taken to protest treatment of Mi'kmaq lobster fishermen of Burnt Church, N.B.

The natives claim they have the right to catch lobster following a Supreme Court decision a year ago, upholding 18th-century treaties.

They have continued to set traps after the season closed to commercial fishing, and there have been at least two confrontations resulting in injury to aboriginal people and loss of native fishing boats.

"The rail lines represent a national interest," said Philip. "It was felt it would have a national impact as 
opposed to blocking Highway 97, which would only serve to inconvenience local travellers."

The suit has been referred to the Union of B.C. Indian Chiefs' legal counsel. Phillip has no idea what 
damages, if any, would be sought.

It might be wise for CPR officials to back off, he said Sunday.

"I think they have to consider whether they want to pick a fight with aboriginal people, 
given that the track goes through literally hundreds of Indian reserves across Canada."

Canadian National Railway lines also cross many reserves, often paralleling routes taken by the CPR, 
and it's not impossible CNR lines could also become the subject of blockades, Phillip warned.

"The Canadian government, through both the RCMP and the Department of Fisheries and Oceans, 
has sponsored two savage and violent attacks against the people of Burnt Church," he said.

"The people of Burnt Church are merely exercising their aboriginal treaty rights to fish to feed their families. 
The whole point of my action is to protest those savage, vicious assaults against aboriginal people."

If violence escalates on the East Coast, aboriginal protest action will escalate across the country, said Phillip.