bc treaty commission 2008 annual report

8/14/2019 BC Treaty Commission 2008 Annual Report

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BC Treaty

CommissionAnnual Report2008/ www.bctreaty.net


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Letter from the Acting

Chief Commissioner / 1

Overview

2008 / 3

Special

Report / 9

Progress

Reports / 13

About

Us / 31


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letter rom the

acting chiefcommissioner /Resolving the land question in BC remains a serious challenge and a necessary

task. The job of the Treaty Commission is to identify the challenges and help the

parties overcome those challenges to achieve lasting and fair settlements.

Progress is being made but the

pace is ar too slow despite

considerable investment. First Nations

expectations or the outcome o treaty

negotiations appear much greater

than currently supported by either

the government o Canada or BC.

This is worrying and should be o

concern to all British Columbians.

Failure to resolve the land question

through negotiations will only lead

to increased court action and thepotential or conrontation. Treaty

negotiations must be encouraged.

We need successes.

To date we have celebrated the

success o the Tsawwassen Treaty,

the frst fnal agreement to be ratifed

under the BC treaty process. The

eective date o the treaty is set or

April 3, 2009. We applaud

Tsawwassen First Nation or their

courage in taking this historic step

on their path o nation building.

As Tsawwassen moves orward

the Treaty Commission will closely

monitor the challenges and issues

they ace in implementation, both

with respect to the process o

implementation and interpreting the

substance o the treaty. The Treaty

Commission will be available to

support the parties and we hope to

learn rom this important experience.

We look orward to seeing

fnal approval o the Maa-nulth

First Nations Final Agreement.

Unortunately, the second treaty

that we had hoped would be

implemented this year is stalled

pending resolution o litigation.

The fnal agreement has been

signed by our o the fve First

Nations and passed in the BC

legislature. However, Canada has

not ratifed the agreement. Oureorts to see ratifcation completed

continue.

The Treaty Commission has identifed

the potential or agreements at other

tables. There are our First Nations

at Stage Five o our process that are

working in earnest on fnal agree-

ments and approximately eight tables

in Stage Four that are close to an

agreement in principle. We continue

to support those eorts.

This, o course, leaves more than

thirty tables either in a holding

pattern, stalled, pursuing other

activities or inactive. This means

we are still not close to making the

breakthrough in negotiations that

will see treaties or the majority o

those First Nations that are currently

committed to negotiations. The

reasons or this are complex and

serious eorts in the last year,

supported by the Treaty Commission,

were undertaken to move the

process orward. Key to this eort

was supporting the First Nation

requested common table, which

involved more than 60 First Nation

communities and the governments

o Canada and BC. Six key issues

were addressed at the common

table that are proving too difcult to

resolve or many individual tables.The Treaty Commission provided

a comprehensive report rom the

common table which perhaps best

summarizes the current impediments

acing treaty negotiations that need

to be resolved i signifcant progress

is to be made.

As chair o the common table, and

on behal o my ellow commissioners,

I can say we were impressed by

the high level o preparation and

engagement at the common table,

but we want to see the parties take

action on the opportunities that were

identifed. I progress is not made on

the opportunities identifed it is very

likely that the tables involved will,

at best, remain stalled and, at worst,

see their communities will explore

other avenues to resolve their land

claims, including recourse to

the courts.


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The Treaty Commission has been

supportive o what are being called

incremental treaty agreements. In

these agreements, elements o the

treaty package are implemented by

BC and the First Nation in advance

o the ull agreement. An agreement

was signed with Tla-o-qui-aht First

Nation and one is expected to besigned with Haisla First Nation.

The Treaty Commission sees such

agreements as mechanisms to

build trust and support First Nations

now. We are considering how these

agreements can benet many more

First Nations and how we can get

Canada to participate.

Fish issues remain a challenge,

not only or those First Nation

communities participating in the

common table, but also or tablesthat we have identied as close to

concluding agreements. The Treaty

Commission has requested and will

insist that the ederal government set

a rm timetable or obtaining a sh

mandate and or nding a solution

that recognizes and protects the

historic and continuing aboriginal

right to sh.

Outside the treaty process, but

o great interest to the Treaty

Commission, are the eorts being

made by the BC First Nations

Leadership Council and the provincial

government to develop a workable

recognition and reconciliation act

to address aboriginal title and rights.

This act, which would be the rst

in Canada, could go a long way to

establishing a legislative ramework

or reconciliation. It could help

resolve many o the conficts we

are seeing on the ground in First

Nations territories and would

complement the treaty making

process.

While the courts continue to dene

the scope and extent o aboriginal

title and rights and have been helpul

in orcing the parties to deal with theirdierences on the land, the Treaty

Commission, as do the courts, see

negotiations as the better way to

realize the goal o one day achieving

a resolution to the land question.

I have had the privilege o being the

acting chie commissioner or most

o 2008 and want to thank my ellow

commissioners or their support and

encouragement during a very busy

year. I also want to thank our sta

or their hard work, commitmentand support.

As acting chie commissioner, and on

behal o the BC Treaty Commission,

I am pleased to submit to the First

Nations Summit, the Government

o Canada, and the Government o

British Columbia our 15th annual

report. Our nancial inormation has

been prepared to coincide with the

release o Annual Report 2008 and is

submitted as a separate document.

Respectully,

Jody Wilson


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BC TreatyCommissionAnnual Report

2008/ Page 3

overview

2008 /Highlights

The Treaty Commissions primary focus is the BC treaty process. As such, we

are providing an update on the progress and challenges at the individual treaty

negotiation tables, but we also look at developments on the wider front.

These table reports reveal there is

progress and success, including the

rst nal agreement to be ratied

under the BC treaty process, a

second agreement close to being

ratied, and the emergence o

exciting, new incremental treaty

agreements. This new tool will

provide early access to signicant

treaty benets or First Nations.

The table reports also reveal that

signicant challenges exist, including

the lack o a sheries mandate

rom the ederal government.

Forging Linkages and Finding

Solutions was the theme or a

conerence the Treaty Commission

hosted recently in Vancouver, which

provided a orum or dialogue among

First Nations on their challenges and

the undamental issues essential

to their uture governance and

development. This annual report

contains a special report on what

was discussed at the conerence.

Forging linkages is, in many ways,

the challenge acing all parties in theBC treaty process. A treaty is not

the one, all encompassing answer to

every problem and challenge acing

First Nations; nor can negotiations

occur in isolation rom other

important initiatives and events

that impact aboriginal people.

There are other important events

occurring simultaneously with treaty

negotiations, which may or will have

an impact. These events orm part o

this overview, or example: important

legal developments; eorts to develop

a recognition and reconciliation act; the

prime ministers apology to Canadas

aboriginal peoples or the govern-

ments role in the Indian residential

schools system; and the impact o First

Nation territorial disputes. Harmoniz-

ing these initiatives should be and is

becoming an integral part o treaty

making. But when harmonization is not

clear, treaties should also be capable

o standing alongside other important

initiatives and tools without conficting

with or detracting rom them.

Out o rustration and in an eort

to resolve some o the many

outstanding treaty issues, more than

60 First Nation communities worked

together at a common table earlier

this year with the governments o

Canada and BC. Their rustration

arises, in part, rom the lack o a

connection between the positive

developments happening outside the

treaty process and what is achievablein treaty negotiations.

The commitment o the two

governments and their willingness

to reach agreements with First

Nations will be judged, in part, on

their responses to the opportunities

that emerged rom the discussions

and the report on the common table

prepared by the Treaty Commission.

More importantly, they will be

judged on how they harness the

opportunities identied by the

parties at the common table.

As our special report reveals,

treaty making is ultimately about

nation building, and that in turn

encompasses many things, like

governance, economic development

and capacity building. Getting there

is proving complex, and treaty

making is certainly a signicant and

important tool to resolving the land

question. There are other pathways

to get us there as well, and these

may be part o treaty making,

support it, or coexist alongside it.

When we look back on 2008 and

the events o 2007, we can see that

the parties have clarity on what it

will take to achieve the reconciliation

o Crown and aboriginal title. This

is true, in part, because the parties

have a clearer understanding o each

others perspective on the major

issues that remain obstacles to many

more treaties.

From our viewpoint, there is much

more clarity on aboriginal issues than

was the case a decade ago when

substantive treaty negotiations were

just getting underway. Where there is

clarity we believe there is opportunity.

What is required is action by all

parties that will see many more

agreements concluded.


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overview

2008 /Highlights

First Treaty A Signifcant

Achievement

The Tsawwassen First Nation treaty,the frst approved in the BC treaty

process, is a positive achievementor all British Columbians and an

encouragement or other First Nations

to seek their own unique treaties.

Seventy per cent o the registeredTsawwassen First Nation members

voted in avour o the treaty on July 25,2007. The treaty was subsequently

ratifed in the BC legislature andapproved in Ottawa. It is now being

made into law and will take eect onApril 3, 2009.

The treaty provides the First Nationwith approximately 724 hectares

o treaty settlement land and aone-time capital transer paymento $13.9 million over 10 years, $2

million or relinquishing mineralrights, $13.5 million or startup and

transition costs, $7.3 million or anumber o unds or the purposes o

resource management and economicdevelopment and $2.6 annually orongoing programs and services.

There is provision or salmon, crabsand intertidal bivalves and unding to

establish a Forest Resource Fundand Wildlie Fund.

Maa-nulth Treaty

Requires Royal Assent

The fve Maa-nulth First Nations votedin avour o their fnal agreement in

October 2007 and provincial legislationwas approved in November 2007. The

treaty still requires royal assent romederal parliament.

The treaty provides a one-time capitaltranser payment o $73.1 million

over 10 years, $1.2 million annuallyin resource royalty payments or 25years and $9.5 million annually or

program unding. There is one-timeimplementation unding o $47.3 million

or transition and implementation insuch areas as fsheries, parks, public

works, governance and land andresource management to be paidover eight years. A urther $11.1 million

has been provided outside the treatyor capital projects.

The treaty also provides 22,375

hectares o land including subsuraceresources, in addition to the existing

reserves o 2,084.

Final approval is delayed because

one o the fve First Nations is parto a court action over the aboriginalright to sell fsh. The treaty would

have been delayed temporarily in anyevent because o the ederal election

which ended the parliamentarysitting. The ederal government is not

expected to proceed with approvaluntil the court case is resolved or theFirst Nation drops the legal action.

The two parties will have anotheropportunity to review their options

when the new parliament beginssitting this all.

Four o the fve Maa-nulth FirstNations Ucluelet, Toquaht,

Uchucklesaht and Kyoquot/Checklesaht have signed the

fnal agreement. Huu-ay-aht FirstNation has vowed not to sign until

their fsheries case is resolved in theBC Supreme Court. The court case,

launched by the Nuu-chah-nulthTribal Council, resumed in February

2008 ater a 17-month recess butmay not be decided or some time.

More Agreements On

The Way

O the First Nations actively pursuing

fnal agreements or agreementsin principle, none is a certainty.

However, several First Nations arepreparing to have their membersvote on treaties in 2009 or in 2010.

Yale First Nation, In-SHUCK-chNation, Sliammon First Nation and

Yekooche Nation all have their sightson fnal agreements within the next

year i members approve.

Perhaps another eight First Nations

may be in a position to consideragreements in principle as well. Those

First Nations closest to agreementsin principle include Komoks FirstNation, Na-mg-

is Nation, Nazko First

Nation, Northern Shuswap TreatySociety, Oweekeno Nation, TeMexw

First Nation, Tla-o-qui-aht First Nationand Tsimshian First Nations. There are

now 60 First Nations in the BC treaty

process o which two have concludedtreaties, and six others are in stage 5

seeking a fnal agreement and 43 FirstNations are in stage 4 seeking

an agreement in principle.

Circumstances in each set o treaty

negotiations will play a large partin determining Treaty Commission

priorities and actions. Whateverthe action, the underlying objective


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2008/ Page 5

will be to move orward the treatyprocess so that more agreementscan be achieved. Facilitation by the

Treaty Commission will continue intreaty table negotiations and also in

discussions among First Nations onterritorial issues.

First Nations AwaitResponses To Common

Table Report

During the past year, BC First Nation

communities called or the establish-ment o a common table. More than60 BC First Nation communities,

through their chie negotiators, cametogether to engage the governments

o Canada and British Columbia onkey issues in the treaty process, to

identiy obstacles, address barriersand promote the speedy conclusiono air and viable agreements based

on recognition and reconciliation oaboriginal title and rights.

With support rom the TreatyCommission, the First Nations

were able to bring the other twogovernments into ar-ranging

discussions on six major issuesthey see as obstacles to progress in

treaty negotiations. All parties agreed

the issues or consideration wouldbe: recognition/certainty, including

shared territory issues; constitutionalstatus o lands; governance, co-

management, including structuresor shared decision-making; fscal

relations, including own sourcerevenue and taxation; and fsheries.

The Treaty Commission provided$400,000 in Negotiation Support

Funding to assist the representatives

o the First Nation communities inworking together to prepare or andundertake the discussions at the

common table. The three partiesadopted an aggressive timetable

and met or a total o 13 days overa three-month period.

In the Treaty Commissions view, thecommon table proved to be an inten-

sive and worthwhile undertaking due,in large part, to the commitment and

hard work o all parties at the table.

There is no question the worko the common table representsa promising basis or reaching

agreements with a signifcant numbero the First Nations involved in treaty

negotiations.

It is the expectation o the First

Nations and the understanding othe Treaty Commission that represen-

tatives or both Canada and BC willtake the opportunities agreed to

at the common table, along withappropriate background and docu-mentation, to their principals or

decision-making on options.

Aboriginal and Reconciliation MinisterMichael de Jong, speaking at the

recent Treaty Commission conerencesaid, I think that next step involvesre-engaging with the ederal govern-

ment now and seeing i we canactually turn the ideas that revealed

themselves in the report intosomething tangible that we can talkabout at individual tables.

Id like us to challenge ourselves

to take that discussion and turn it

into something tangible that we canbring to the table and help move the

process orward.

The Treaty Commission will hold

the parties to their commitment torespond to the common table report

and will work with the parties on

specifc ollow up steps to ensurethat the work o the common table

is acted on and translated intoconcrete results.

Revitalization Not Yet

Addressed

The treaty revitalization table, alsodiscussed by the Principals, has not

yet been struck. The Principals-leveltable is to be the venue or discussion

o such matters as First Nationsunding and debt issues, compensa-tion, capacity with respect to treaty

negotiations, treaty implementationissues and overlaps as well as the role

and, perhaps, enhanced authority othe Treaty Commission. When and

how this work will begin is an issuethe Principals must address soon.

Progress Possible

Through Interim

Measures

One area where the Treaty Commissioncontinues to see the potential or

progress at individual treaty tables iswith interim measures. There contin-

ues to be a need or more interimmeasures agreements earlier in the

treaty process and these agreementsneed to be more strategically linkedto treaty negotiations.


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overview

2008 /Highlights

The incremental treaty agreement

option being proposed by the BC

government or at least two tables

shows promise in providing a new

pathway to treaties. It also provides

economic opportunities or First

Nations. The Province is expected

to announce incremental treaty

agreements with Tla-o-qui-aht FirstNation and Haisla Nation. (See

Progress Report pages 1330)

The Treaty Commission is monitoring

this approach closely and will explore

ways in which incremental treaty

agreements might be applied more

generally to beneft more First Nations.

The Treaty Commission sees this as

an area where the ederal government

should be involved, but at a minimum

it must be an observer.

First Nations Address

Territorial Issues

With so many more First Nations in

the advanced stages o negotiations,

territorial issues and disputes, more

than ever, are ront and centre in the

negotiations over land and resources.

As such, the Treaty Commission is

much more involved in resolving ter-

ritorial disputes among First Nations.

Territorial disputes have hindered

progress in some treaty negotiations

and caused tensions between First

Nations as treaty agreements are

concluded. To assist and encourage

First Nations to address territorial

issues in a more timely ashion, the

Treaty Commission initiated a pilot

project currently underway in the

Kwakwakawakw territories o north-

ern Vancouver Island and the adjacent

mainland. Supporting the shared

territory pilot project is consistent with

the Treaty Commissions mandate to

acilitate the treaty process while also

enabling First Nations to resolve

territorial issues among themselves.

The Treaty Commission is alsosupporting talks on territorial issues

between Tsawwassen First Nation

and Cowichan First Nation being

acilitated by ormer BC Court o

Appeal Justice Lambert.

The courts have given their views

on territorial disputes involving First

Nations that are fnalizing treaties and

those that are eeling the impact o

those agreements. Those decisions

have avoured the First Nation that is

completing a treaty, indicating thereare sufcient protections in place or

those First Nations that are impacted

by the treaty.

Recent court decisions suggest

assertions o aboriginal rights and

title are strengthened where First

Nations have territorial protocols

in place and are weakened where

competing claims remain unresolved.

Agreements can also beneft the

First Nations in their interactions with

other governments, businesses and

those interested in partnering on

economic development projects

and other initiatives.

Tsilhqotin Title Case

Signifcant

The BC Supreme Court, in the

Tsilhqotin Nation case, brings us

the closest yet to an outright fnding

o aboriginal title.

BC Supreme Court Justice Vickers

concluded the Xeni Gwetin proved

aboriginal title to about 200,000

hectares or about 50 per cent o

their traditional territory in the Nemiah

Valley. However, Justice Vickersdenied the request or a declaration

o aboriginal title, given the all-or-

nothing nature o the pleadings and

he urged the parties to negotiate.

The BC government set an October

30 deadline or bringing an oer to

the Tsilhqotin but no signifcant oer

was orthcoming by the deadline.

Minister o Aboriginal Relations and

Reconciliation Michael de Jong said

in media reports that bringing the

ederal government into negotiationsis vital, but the province hasnt been

able to do that.

Gitanyow Case Reveals

Crown Recognition

Lacking

The BC government has spent

considerable time deending itsel

in court as First Nations seek the

courts assistance in resolving

disputes primarily over land and

resources. Its hard-line stance

in court has made its position

on aboriginal issues somewhat

conusing. But these recent court

decisions brought by First Nations

against BC have been helpul in

urther defning aboriginal rights

to the beneft o both parties and,

in some cases, providing interim

solutions.


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2008/ Page 7

For example, the BC government ailed

to recognize Gitanyow house groups

and boundaries in decision-making re-

lating to the issuing o six orest licence

replacements, the BC Supreme Court

ound in Wiilitswx v. British Columbia.

The province also ailed in its

obligations to ully involve the Gitanyowin orest activities on its traditional

territory where there has been a long

and troubled history o over-logging

and unulflled silviculture obligations.

The court action revolved around how

the province renewed or replaced the

six orest licences, the impact rom

licensees activities on all acets o

Gitanyow lie and the uture impact

rom their orestry activities.

Madame Justice Neilson ound thatthe province generally met, in the

short term, accommodation and

consultation obligations to provide

monies to the Gitanyow or resource

use, and in terms o domestic use

o harvested wood.

Regarding the provinces ailure to

recognize the Gitanyows hereditary

system, the court said, Dismissing

such recognition as impractical,

without discussion or explanation,

ell well below the Crowns obligation

to recognize and acknowledge the

distinctive eatures o Gitanyows

aboriginal society and reconcile

those with Crown sovereignty.

No Fish On The Table

There is a no clarity regarding fsh

mandates. That lack o a ederal

mandate on fsh is hindering fnal-

agreement negotiations and fsh may

not be part o agreements in principle

signed in the short term. The delay in

any new fsh allocations in either fnal

agreements or agreements in principle

is the result o a major review o the

west coast salmon fshery by Fisheries

and Oceans Canada.

First Nations have been told the

Government o Canada is not prepared

to complete fnal agreements without

a fsh mandate and no timetable has

been given on when a mandate might

be achieved. The Treaty Commission

has requested and will insist that the

ederal government set a timetable

or obtaining a mandate and fnd a

solution that recognizes and protects

the historic and continuing aboriginal

right to fsh.

These stalled fsh negotiations come

at a time when fsh returns are low,

there are serious concerns about the

decline in wild fsh stocks and the

need or fsh security among First

Nations has never been greater.

Special Fishing Rights

Meet Charter Test

The Supreme Court o Canada, in

June o this year, ruled that granting

special fshing licences to aboriginal

groups is consistent with the Charter

o Rights and Freedoms and does

not discriminate against non-

aboriginal fshers.

The licences, being challenged by

non-aboriginal fshers in R. v. Kapp,

allowed fshers designated by First

Nations to fsh or sockeye salmon 24

hours in advance o non-aboriginal

fshers and to use the fsh caught or

ood, social and ceremonial purposes

and or sale.

Charter section 15(2) gives

governments the right to implement

a program that has as its objectivethe amelioration o conditions o

disadvantaged individuals or groups.

In the Kapp case, the court ruled that

granting communal fshing licences

to the Musqueam, Tsleil-Waututh and

Tsawwassen First Nations met the

test or disadvantaged.

The court noted the licences address

aboriginal rights claims, provide

economic opportunities and promote

First Nation sel-sufciency, thereby

improving conditions.

First Nations Endorse

Economic Plan

First Nation Summit chies voted in

September in avour o the BC First

Nations Economic Development

Action Plan that was developed by

the BC Assembly o First Nations,

First Nations Summit and Union o

BC Indian Chies ollowing a series

o regional sessions in 2007 and a

province-wide orum in February

2008. A copy o the plan is available

on the First Nations Summit website

at www.ns.bc.ca

Actions set out in the plan will assist

First Nations in the treaty process in

fnding new economic opportunities

while treaty negotiations continue

and in a post-treaty world.


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overview

2008 /Highlights

Talks Continue On

Proposed Recognition

Legislation

A joint working group involving theFirst Nations Leadership Council and

the BC government is considering

rights, title, governance, consultationand accommodation in a proposed

recognition and reconciliation act.

Aboriginal Relations andReconciliation Minister Michaelde Jong, speaking at the Treaty

Commission conerence Forging

Linkages and Finding Solutions in

October, characterized the proposedrecognition and reconciliation act as

overarching legislation to supersedethe myriad outdated statutes that

do not refect current understandingso aboriginal rights and title.

I we can work together andcan establish a model we are

comortable with and build thatlegal model, British Columbia wouldbe the rst and only province to

establish legislation that wouldenshrine aboriginal title, rights,

governance and consultation andaccommodation requirements ina provincial statute.

The minister acknowledged there are

rustrations relating to consultationand the management o lands and

resources within traditional territories.

That is what lies at the heart o

the discussions that are takingplace around the recognition and

reconciliation legislation. That work istaking place at the very highest level,

he said. We are hoping to complete

that work in a way that will allow usto move orward legislatively priorto the expiration o the term o this

government.

New Relationship

Addresses Major Issues

The main objective o the NewRelationship introduced in 2005 and

agreed to by the Leadership Counciland the BC government, is to close

the gap between aboriginal andnon-aboriginal British Columbiansin ve key areas: education, health,

housing, economic developmentand intergovernmental relationships.

This vision and these objectives arebacked by the $100 million New

Relationship Trust Fund.

Additional inormation on New

Relationship initiatives can be oundat http://www.gov.bc.ca/arr/index.

html or http://www.ns.bc.ca

Prime Minister

Apologizes To

Residential School

Survivors

In June, the prime minister

acknowledged a sad chapter inCanadian history in an apology to

Canadas aboriginal peoples orthe governments role in the Indian

residential schools system. ManyCanadians now have a betterunderstanding o the severity o

the impact o the Indian residentialschools. The Truth and Reconciliation

Commission established in June

2008 has an opportunity to educate

many more Canadians about thelingering harmul consequences o

the Indian residential schools.

For over a century Indian residentialschools separated more than 150,000children rom their amilies and

communities. Two primary objectiveso the schools were to remove and

isolate children rom the infuence otheir homes, amilies, traditions andcultures, and to assimilate them into

the dominant culture.

There were 132 schools nancedby the ederal government in both

territories and in most provinces,except or Newoundland, NewBrunswick and Prince Edward Island.

In the apology he said, Today,we recognize that this policy oassimilation was wrong, has causedgreat harm, and has no place in our

country

The government now recognizesthat the consequences o the

Indian residential school policy wereprooundly negative and that thispolicy has had a lasting and damaging

impact on aboriginal culture, heritageand language.

Assembly o First Nations National

Chie Phil Fontaine said the apologysignies a new dawn in the relationshipbetween us and the rest o Canada.


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2008/ Page 9

The conference, Forging Linkages and

Finding Solutions, provided a forum

for dialogue among First Nations, both

inside and outside the treaty process,

on fundamental issues essential

to their future governance and

development. In essence it was about

nation building or nation re-building.

Conference attendees heard from

a number of guest speakers and

panelists and participated in facilitated

workshops on these three topic areas.

The following article provides an

overview of some of the conference

highlights as well as some insights

into the challenges First Nations aired

at the conference as they seek to

reconcile their title and rights with

that of the Crown.

Treaty Making Is About

Nation Building

Stephen Cornell, a co-ounder o the

Harvard Project on American Indian

Economic Development who has

studied First Nations governance

or over 20 years, observed that First

Nations in the BC treaty process are

engaged, most undamentally, in

nation building.

He said treaty making is about

rebuilding nations that once exer-

cised governance over lands and

peoples and did so superbly well.

Traditionally, many First Nations

organized their societies through

houses or clans, which preserved

their authority through complex

variations o matrilineal or patrilineal

systems. These traditional govern-

ments exercised control over vast

territories. They also ormed the

basis or larger political units, oten

reerred to as tribes or nations.

Ater British Columbia entered

Conederation in 1871, Canada

began to impose the band council

system. The traditional governments

and their ability to exercise authority

over territories were discouraged

and, at times, outlawed. Today, these

traditional governments survive side-

by-side with the band council system.

This treaty process, I would think

rom a First Nations point o view,

is about bringing that kind o worldback to lie again. It seems to me

you are engaged in a proound and

colossal eort to rescue your nations

rom the legacies o colonialism; to

reclaim your place on this land; and

to reinsert your voice in the major

decisions that aect your lives.

Cornell said the treaty process

represents an opportunity not only to

make a treaty, but to put in place the

kinds o tools that First Nations need

to exercise their rights eectively.

At the end o the struggle or rights

there is a prize or the winners which

Cornell reers to as the governance

challenge.

The rights challenge has an end

point. It is the point where youve

either got them in your hand or you

dont. You have a treaty in hand that

specifes your rights; or you have

a court decision that specifes your

rights; or you have an agreement that

specifes your rights.

Cornell said that is not true or gover-

nance because governance doesnt

come to an end.

In the governance challenge the ocus

o the work isnt on some opposition

out there, or some them the

ederal government, the province,

somebody who has been leaning on

you or decades, generations. Now the

ocus is on you; it is on what you do.

Governance is a critical piece o

deending aboriginal rights, according

to Cornell, because i the First Nation

cannot govern well then eventually

somebody is going to step in and

take those rights away.

What good is it to have a right to the

land i you cant make and implement

good decisions about what happens

on the land? What good is it to have

special

report /On Nation Building

First Nations from throughout BC gathered in Vancouver in November 2008

at the invitation of the Treaty Commission to discuss governance, economic

development and capacity building.


12/38

special


the right to decide what happens in

your community i your community is

in such disarray that it cant decide

what to do?

Cornell said it is not the assets that

determine the success o a First

Nation, it is whether or not the First

Nation can take whatever assets ithas generous assets or minimal

assets and put them to work in

eective ways.

He said First Nations need gover-

nance tools that are robust, that are

capable o realizing their dreams.

To me, governance reers to a set

o principles and mechanisms that

enable you to translate your vision,

the will o the people, into action.

The principles are the undamentalunderstandings o the community

that come out o your own experience

and culture, o what the community

is about, what its purposes are, the

basis o authority in the community

and the appropriate use o that

authority.

Cornell said good governance means

having a constitution, separations o

powers and limits on the abilities o

politicians to disrupt enterprises and

programs; provisions or continuity

instead o upheaval when there are

elections; and sound management

practices and the like.

But, i these are going to be suc-

cessul nations, they have to respect

their own ideas o governance and

fnd ways to make them work in the

contemporary world.

Planning And

Preparation Key To

Treaty Implementation

Tsawwassen First Nation Chie

Kim Baird understands well the

challenges Cornell describes. The

challenges are daunting or this small

First Nation that must be prepared

or sel government by April 3, 2009,

the eective date o their treaty.

The First Nation has no special und-ing to prepare or the eective date.

When the treaty was approved Treaty

Commission loan unding stopped

and no treaty payments are made

beore the eective date.

So ar, Tsawwassen has identifed

18 laws that will be required on

the eective date and 39 separate

projects that must be completed by

then. All the projects can be catego-

rized under governance, economic

development and capacity building.

We elt strongly we needed to go

beyond the bare minimum or it to

be a true expression o sel govern-

ment while staying within our limited

capacity as a small First Nation,

said Baird.

She said that to go rom an Indian

Act band with INAC-based policies

and bylaws approved by ministers,

which are very limited, to a sel-

governing First Nation is difcult.

We never really had policy capacity

in Tsawwassen let alone lawmaking

capacity. Suddenly, we will haveultimate responsibility.

Chie Baird said Tsawwassen will

need people who can understand

program policy, develop and present

positions or the decision-makers

and who understand the impacts

o external changes.

We must be able to stand behind the

decisions we make and ensure that

those decisions are respected by

everyone, member and non-member.Without good enorcement that

treats everyone on the same basis,

we will not be able to make decisions

because we wont have the trust o

the people we act or.

Chie Baird said fnding the right

balance between the needs o CP

holders (First Nation land owners with

Certifcates o Possession) and the

needs o the community in land use

planning is challenging balancing

the livability o the community with

economic activities.

Tsawwassen held more than two

dozen consultations including

community and amily meetings to

get eedback on their land use plan

which was approved in July.

I believe this is as critical as the

treaty vote, she said.


13/38


2008/ Page 11

Rebuilding Economies

Essential To Sustain

Communities

St. Marys Indian Band chie and

Ktunaxa Nation Council Tribal Chair

Sophie Pierre has come to under-

stand that good government, and

good governance, is essential to

economic success.

The vision statement or the Ktunaxa

Nation ends with the words as a sel-sufcient, sel-governing First Nation.

The Ktunaxa made a commitment

to creating wealth, and to do that,

they had to re-embrace the idea o

rebuilding their economy.

Every one o our nations had thriving

economies that over the years have

been broken down just like every-

thing else, said Pierre. My mother

used to call this little reserve where

we lived living inside the corral.

It is almost impossible to sustain

First Nation economies within the

tiny little corrals in which we live.

Well, now we have an opportunity

through the BC treaty process where

we are going to get beyond those

corrals. Now we can recreate the

economies in our communities but

we need real strong governance to do

that. It is very hard to attract good busi-

ness to our communities i we dont

have good governance in place.

The Ktunaxa also have to take care

o social development; protect lands

and resource; protect language and

culture; and develop ecosystem-based land use planning, and not

just resource development.

I a young person wants to set up a

business we are not prepared to

deal with that. I that same young

person went into the City o Cranbrook

they can obtain licences, they can

hook into water, power and sewer.

There is an inrastructure that we

dont have.

Pierre said all First Nations haveopportunities. Some have oppor-

tunities or large-scale commercial

and residential developments like

Westbank First Nation and Squamish

First Nation; others have potential or

independent power projects; while

others have opportunities in mining,

oil and gas.

To rebuild economies Pierre said First

Nations need access to capital and

credit. To attract capital, First Nations

need to have inrastructure. But to

borrow money to build inrastructure

a First Nation needs equity.

For some First Nations annual tax

revenues will be a source o equity.

Revenue sharing in the resource sec-

tor is a source o equity and Pierre is

hoping gaming revenue will become

a new source o income. Gaming rev-

enue is not currently shared with First

Nations in BC although it is shared in

other jurisdictions in Canada. It is an

issue that BC First Nations, through

their gaming revenue-sharing initiative,

are lobbying the BC government or.

Economic Success

Is Achievable With

Good Governance

Westbank First Nation is enjoying

tremendous economic success, said

Chie Robert Louie. Their fnancialachievement is due, in part, to their

ideal location in the booming

Okanagan. But its also about good

management, managing growth

and change.

Westbanks success, according to

Louie, can also be attributed to the Sel

Government Agreement negotiated by

Westbank with the ederal government,

which came into eect on April 1, 2005,

and the accompanying constitution

that describes how the government

operates and how it relates to

its citizens.

In Westbank we have governance

over our lands and peoples within

our lands, said Louie. So, we have

that recognition and understanding

by our membership residents on

reserve the ederal, provincial and

local governments, third parties, First


14/38

special


Nations who are part o our wholestructure (Okanagan Nation Alliance)and the general public.

More than 9,000 people who are not

members o Westbank First Nationreside on the reserve and are repre-sented by a ve-member advisory

council. Under the sel government act,the leaders are accountable, rst and

oremost, to the members and thatosters good governance practices

which in turn results in economicstability and community prosperity.

Westbank generates about 80 percent o its $30 to $40 million annual

budget while the ederal governmentcontributes approximately 20 per cent.

Louie said the economic development

is not without responsibility and roma governance perspective Westbankmust address the social issues.

It is one thing to be economicallyviable and prosper but it is also im-

portant to build a healthy and vibrantcommunity with social responsibility.

A community protection act is one o

the most controversial pieces o legisla-tion under consideration by Westbank.I approved, the act targeting sexual

predators, drug dealers and othercriminals, would enable Westbank to

banish people rom the community.

A community benet charge, leviedon all developers, helps und capitalimprovements that benet the entire

community such as sidewalks andstreet lights or saety, elder, youth,

sports and recreational programs,and culture and health initiatives.

The perception today with ourchildren and the youth is dierent.

It was not so many years ago thatWestbank didnt have its fag on

our building. So we fy our fagwith pride. That generates more

community pride.

Governance ChallengesCan Be Overcome

Conerence participants agreed thatcapacity the ability to implement

a treaty and provide good gover-nance is a challenge or manyFirst Nation communities.

Workshop participants produced a

list o things that First Nations willneed to build capacity including: a

shared vision; strong ocused leader-ship; a constitution and a communityplan in keeping with traditional and

cultural knowledge; training anddistance education; and advice rom

other First Nations and proessionals.

Treaty Implementation

Challenging

In the Yukon, where First Nations

have treaties that were ratied in

1995, many o the challenges havebeen with implementation, not withthe agreements themselves.

The Yukon First Nations and theother First Nations in Canada with

modern-day treaties ormed the LandClaims Agreements Coalition to lobby

the ederal government to properlyund treaty implementation activitiesand to work with First Nations on

implementation as was envisioned

when the treaties were signed.

In response to the coalitionsconcerns the Senate Standing

Committee on Aboriginal Peoplesexamined matters aecting theimplementation o land claim

agreements. Committee memberscame to the conclusion that the

ederal government is ailing toproperly implement the provisionso modern treaties.

We endorse the view that ailure to

properly implement the provisions omodern treaties puts Canada at risk

or generating new legions o brokenpromises.

Council o Yukon First Nations Grand

Chie Andy Carvill said, Generallyspeaking, I believe we have goodagreements, remembering that theyare agreements derived rom the

process o compromise. Nonetheless,they are very strong on governance

and the sharing o public health andsaety responsibilities.

Chie Carvill believes criticism othe body o the agreements is

unwarranted.

The agreements arent the answer toall our problems. But they denitely

give us the tools that we didnt havebeore under the Indian Act. Theygive us the tools that can assist us to

make our own laws and implementour laws. They give us the tools

to really make a dierence in ourcommunities and peoples lives. Theymake a dierence in the economy

and the relationships that we build.


15/38

8 First Nations in Stage 5

In-SHUCK-ch Nation

Lheidli Tenneh Band

Maa-nulth First Nations*

Sechelt Indian Band

Sliammon Indian Band

Tsawwassen First Nation*

Yekooche Nation

Yale First Nation


Carcross/Tagish First Nation

Carrier Sekani Tribal Council

Champagne and Aishihik

First Nations

Danaxdaxw Awaetlatla Nation

Ditidaht First Nation

Esketemc First Nation

Gitanyow Hereditary Chiefs

Gitxsan Hereditary Chiefs

GwaSala-Nakwaxdaxw Nation

Haisla Nation

Heiltsuk Nation

Homalco Indian Band

Hulquminum Treaty Group

Hupacasath First Nation

Kaska Dena Council

Katzie Indian Band

Klahoose Indian BandKomoks First Nation

Ktunaxa/Kinbasket

Treaty Council

Kwakiutl Nation

Laich-Kwil-Tach Council of Chiefs

Lake Babine Nation

Musqueam Nation

Na-mg-is Nation

Nazko Indian Band

Northern Shuswap Treaty Society

Nuu-chah-nulth Tribal Council

Oweekeno Nation

Pacheedaht Band

Quatsino First Nation

Snuneymuxw First Nation

St:lo- Nation

Taku River Tlingit First Nation

TeMexw Treaty Association

Teslin Tlingit Council

Tla-o-qui-aht First Nation

Tlatlasikwala Nation

Tlowitsis Nation

Tsay Keh Dene Band

Tsimshian First Nations

Tsleil-Waututh Nation

Westbank First Nation

Wetsuweten Nation


Cheslatta Carrier Nation

Council of the Haida Nation

Squamish Nation


Acho Dene Koe First Nation

Allied Tribes of Lax kwalaams

Hwlitsum First Nation

Liard First NationMcLeod Lake Indian Band

Ross River Dena Council

*Ratifed Final AgreementsSee Table Report page 30

progress

reports /60 First Nations

There are 60 First Nations participating in the BC treaty process. Because some

First Nations negotiate together, there are 49 sets of negotiations. There are 8

First Nations in Stage 5 and 43 First Nations in Stage 4.


16/38

progress


First NationsIn Stage 5

In-SHUCK-chNation

The parties are in the intensive closing

phase o treaty negotiations, working

toward a fnal agreement, which the

parties chie negotiators expect to

initial sometime in the frst hal o 2009.

In-SHUCK-ch Nation traditionally

occupied and used the land generally

located between the middle point

o Harrison Lake, northward to the

middle point o Lillooet Lake and has

936 members.

Lheidli TennehBand

Lheidli Tenneh is considering a

second ratifcation vote and has

initiated a community consultation

process to determine what members

would like to see in the governance

process. As part o the consultation

process, they are reviewing the

fnal agreement, in particular, the

our pillars o governance, land,

resources and the fscal transer, to

ensure members ully understand the

agreement. A fnal report, on whether

or not to proceed to a ratifcationvote, is expected to be delivered to

chie and council in December 2008.

The Lheidli Tenneh traditionally used

and occupied the land and water

around Prince George, including the

Nechako and Fraser River area to the

Alberta border. Today, the First Nation

has approximately 320 members

and 685 hectares o reserve land just

outside o Prince George.

Maa-nulthFirst Nations

The fve Maa-nulth First Nations

voted in avour o accepting the FinalAgreement in October 2007. Provincial

legislation to ratiy the agreement

was introduced in the legislature on

November 21, 2007; it was ratifed

on November 29, 2007. The treaty

will require royal assent rom ederal

parliament beore taking eect.

Approval o the Maa-nulth First Nations

Final Agreement has been delayed

because one o the fve First Nations

is part o a court action over the

aboriginal right to sell fsh. Four o the

fve Ucluelet, Toquaht, Uchucklesaht

and Kyoquot/Checklesaht signed

the fnal agreement during the summer

o 2008; however Huu-ay-aht First

Nation has vowed not to sign until

their fsheries case is resolved in theBC Supreme Court. The court case,

launched by the Nuu-chah-nulth Tribal

Council, resumed in February 2008

ater a 17-month recess, but may

not be decided or some time. The

ederal government is not expected to

proceed with ratifcation until the court

case is resolved or the First Nation

drops their legal action.

The Maa-nulth First Nations

comprise the Ucluelet, Huu-ay-aht,

Toquaht, Kyoquot/Checklesaht andUchucklesaht First Nations, with

a total population o almost 2,100.

Until 2003 they were part o the

Nuu-chah-nulth Tribal Council treaty

table. The traditional territories o the

Maa-nulth are concentrated in the

Barkley Sound area and towards the

northwest end o Vancouver Island.

SecheltIndian Band

No tripartite activity occurred at

the Sechelt table in 2008. The last


17/38


2008/ Page 15

meeting between the parties was

held in April 2007, at which time

Sechelt addressed the issues they

had identifed to move discussion

orward and requested a written

response rom the governments

o Canada and BC. To date, no

response has been received and

there have been no urther meetings.

Sechelt has been sel-governing

since 1986 when it signed the

frst sel-government agreement in

Canada, the Sechelt Indian Band Sel-

Government Agreement. Sechelt, a

First Nation with approximately 1,225

members, traditionally occupied and

used the land and water around the

Sechelt Peninsula.

SliammonFirst Nation

Tripartite activity continued at the

Sliammon table during 2008 and the

First Nation has been at the oreronto developments across a wide range

o treaty areas. Sliammon is now

nearing completion o a fnal agree-

ment with Canada and BC, with legal

drating well under way.

While the parties are close to a fnal

agreement, anticipated or spring 2009,

the major obstacle to completion is fsh,

an area o vital interest to Sliammon.

The lack o a ederal mandate on fsh is

hindering negotiations.

In early 2008, Sliammon and

Komoks First Nation signed a

shared territory agreement between

their two nations.

Sliammon First Nation has a populationo approximately 960 and traditionally

occupied and used lands and waters

in the vicinity o Powell River and

Powell Lake and parts o the Gul

Island, the Courtenay area and

Desolation Sound.

TsawwassenFirst Nation

The Tsawwassen First Nation Final

Agreement received senate approval

and royal assent in parliament on

June 26, 2008. The eective date

o the treaty is April 3, 2009. In

anticipation o the eective date,

Tsawwassen is continuing work onimplementation, including community

planning and dealing with territorial

disputes. The community plan was

approved by Tsawwassen First

Nation members in July, paving

the way or uture development on

treaty settlement land. It provides

Tsawwassen with a vision or the

uture development o its land, allows

them to fnalize inrastructure planning

and provides the certainty to proceed

with economic development.

Tsawwassens traditional territory

spans the Pitt Lake area and the

Fraser River Delta to Point Roberts

and Saltspring Island. Their popula-

tion numbers approximately 330.

YaleFirst Nation

The parties at the Yale First Nation

treaty table are working to conclude a

fnal agreement and are hopeul that

progress on outstanding issues can

be made through early 2009. Most o

the treaty chapters are substantially

complete and undergoing legal review,

although a ew key elements in fsher-

ies and land remain. Consultations by

Canada and BC with First Nations and

stakeholders in the area are ongoing.

Yale has taken advantage o treaty

related measures (TRM) over the past

year and made good progress inimportant areas. Yale recently

completed the frst part o an intergov-

ernmental TRM which supported their

work with the Fraser Valley Regional

District (FVRD) on the development o

the local government chapter o their

treaty. The second component o that

TRM is now underway and will enable

Yale and the FVRD to develop a

master service agreement.


18/38

Beore fsh negotiations stalled across

the province this spring, Yale was able

to conclude a fshery TRM, enabling

them to work with Fisheries and

Oceans Canada on a drat harvest

agreement and the development o

a joint fsheries committee.

Yale traditionally used and occupiedthe land around Yale, north o

Hope. Their population numbers

approximately 150 members.

YekoocheNation

Yekooche is working to fnalize a

treaty with Canada and BC. This

includes a high level o activity at

the main table and in technical

working groups, ongoing community

consultations and capacity building.

In anticipation o a fnal agreement,

Yekooche is also devoting consider-

able attention to overlaps with otherFirst Nations. In the preceding year,

Yekooche held numerous meetings

with its neighbours and has made

progress with some in addressing

these overlaps.

Yekooche First Nation has a population

o approximately 220 and traditionally

occupied and used lands and waters

northwest o Fort St. James.

First NationsIn Stage 4

Carrier SekaniTribal Council

The Carrier Sekani Tribal Council

(CSTC) table was inactive in 2008

and there are no indications that

negotiations will resume in 2009.

CSTC represents eight First Nationsin the treaty process, including:

Burns Lake Indian Band (Tsil Kaz

Koh First Nation), Nadleh Whuten

Band, Nakazdli Indian Band, Saikuz

First Nation (ormerly Stony Creek),

Stellaten First Nation, Takla Lake

First Nation, Tlazten Nation and

Wetsuweten First Nation. The

combined population o CSTC

is approximately 5,945 and the

traditional territories o its members

span an area o more than 90,000

square kilometres in north central BC.

Dididaht First Nation /Pacheedaht Band

Tripartite negotiations ceased in

early 2008 as a result o court action

by Dididaht against Canada and

others or an alleged inringement

o Dididaht aboriginal rights and

title arising rom the Maa-nulth First

Nations Final Agreement. Canada

eectively suspended negotiations

pending an internal review o the

implications o the lawsuit or the

treaty table and Canadas ability to

conduct negotiations. This internal

review by Canada has been ongoing

or more than nine months.

In the meantime, the parties at

the Dididaht table have requested

a comprehensive review o the

status o the table by the Treaty

Commission to identiy obstacles to

progress in negotiating an agreement

in principle, as well as to suggest

potential solutions.

Both Ditidaht and Pacheedaht were

participants at the common table involv-

ing 60 First Nation communities and the

governments o Canada and BC.

Ditidaht and Pacheedaht have been

negotiating at a common table

since 1997. Ditidaht, located near

Nitinaht Lake, has approximately

progress



19/38


2008/ Page 17

700 members, while Pacheedaht,

with approximately 260 members,

is based at Port Renrew. The First

Nations traditional territories span the

southwest corner o Vancouver Island.

EsketemcFirst Nation

Progress in negotiations at the

Esketemc table has been slow. Last

year it was reported that, in addition

to the process chapters, the parties

had eight chapters currently under

negotiation including parks, orestry,

land, subsurace resources, water,

migratory birds, wildlie, and local

government relations. Work has

continued on those chapters; a ew

are closer to substantial completion,

but no new chapters have been

introduced. The parties maintained

a regular negotiation schedule over

the past year.

The traditional territory o theEsketemc is centred around their

community at Alkali Lake, 50

kilometres to the southwest o the

Williams Lake, and has approximately

765 members.

GitanyowHereditary Chiefs

Tripartite activity at the Gitanyow

table has stalled despite recent

eorts by the Treaty Commission to

revive negotiations. Basic dierences

in approaches to treaty making,

including Gitanyows rejection o the

treaty land selection model advocated

by Canada and BC, remain major

obstacles to successul negotiations.

In September 2007, Gitanyow initiated

court action arguing the Province has

not abided by the terms o the 2004

Gitanyow Forest Agreement, given their

decision to renew orest licences within

Gitanyow traditional territory. In August

o this year, the Gitanyow secured a

legal victory with a court decision fnd-

ing the provincial government renewed

a orest licence in northern BC without

meaningul consultation or adequate

accommodation o aboriginal inter-

ests. The Gitanyow Hereditary Chiesheaded back to the BC Supreme

Court in October seeking direction on

orders rom the court; the status o

which is not currently known.

Gitanyow was an observer at

the common table involving 60

First Nation communities and the


The Gitanyow population is

approximately 740 and its traditional

territory spans the middle reaches o

the Nass River.

GitxsanHereditary Chiefs

The Gitxsan table has completed

acilitated discussions on the impasse

around governance. However, the

Gitxsan chies proposed an alternative

governance model and undertook

public education through newspaper

and television ads in the summer o

2008 to demonstrate their interest in

reconciling with Canada and BC on

specifc issues identifed or

exploration and negotiation. The

parties have addressed the common

areas where urther exploration can

move negotiations orward in an eort

to achieve identifed goals.

In November, the Gitwangak Band

part o the Gitxsan was one o ourFirst Nations that agreed to a land

and cash settlement with the BC

and Canadian governments to return

lands cut o rom reserves nearly a

century ago under what was known

as the McKenna-McBride commission

o 19121916. These are the last

o 22 historic claims that took more

than 40 years to resolve.


20/38


21/38


2008/ Page 19

HomalcoFirst Nation(Xwemalhkwu)

Homalco plans to conduct an internal

review o the status o the treaty table

beore resuming tripartite negotiations.

Homalco was a participant at

the common table involving 60



Homalco has a population oapproximately 460. The lands and

waters traditionally occupied and

used by the Homalco people extend

rom Phillips Arm, west o the mouth

o Bute Inlet, to Raza Passage and

Quantum River, and to Stuart Island

and Bute Inlet and its watershed.

HulquminumTreaty Group

In early 2008, tripartite activity at the

table ceased as rustration over lack

o progress increased. Hulquminum

fled a petition against Canada with

the Inter-American Commission on

Human Rights citing breaches by

Canada o its obligations under the

American Declaration on the Rights

o and Duties o Man. Tripartite

activity at the Hulquminum table

resumed in all 2008; however,

concern has been expressed bythe HTG over an apparent lack o

commitment to negotiations by BC.

There were, however, two important

developments aecting the table.

One was the decision o Cowichan

Tribes and BC to conduct bilateral

negotiations on a Cowichan

Reconciliation Agreement. The HTG

also assumed a prominent role at

the common table, involving 60


governments o Canada and BC, inan eort to help overcome some o

the major issues at the table.

The Hulquminum Treaty Group

represents six communities:

Chemainus, Cowichan Tribes,

Halalt, Lake Cowichan, Lyackson

and Penelakut. It has a combined

population o approximately 6,615

and traditionally occupied and used

lands and waters encompassing part

o southern Vancouver Island, the

waters o the Strait o Juan de Fuca

and the Strait o Georgia, and on

the mainland along a narrow corridor

extending rom the coast to Yale in

the east.

HupacasathFirst Nation

Hupacasath has been working

towards an agreement in principle

during 2008. To accelerate

negotiations, the parties agreed to

increase the number o meeting

days each month. Although major

challenges remain, including the

constitutional status o treaty

settlement land, governance, and

the role o the Hupacasath o treaty

settlement land, progress has been

made on elements o the agreement

in principle.

Hupacasath is pursuing several

initiatives outside the treaty process

to build community capacity and

economic development opportunities.

Hupacasath was also a participant

at the common table involving 60



The First Nation won a legal victory

in its dispute with the provincial

government over the transer o a

orest licence within their traditional

territory. The BC Supreme Court has

ordered that a mediator be appointed

to resolve the dispute between the

First Nation, the Province and the

orest company.


22/38

Madam Justice Smith ruled the

mediator is necessary because the

provincial government has ailed to

engage in meaningul consultation

despite a 2005 court order requiring

the orests ministry to do so and the

government had ailed to make a

reasonable eort at accommodation.

Located in the Port Alberni area, the

First Nation has approximately 265

members.

KaskaNation

In May 2008, ater several years

o stalled negotiations resulting

rom ongoing litigation by some

Kaska communities, the parties

have agreed to resume treaty

negotiations with the BC Kaska

communities represented by the

Kaska Dena Council. In October a

new KDC leadership was elected

representing Kaska communities inBritish Columbia, and a resolution

was passed to re-engage in treaty

negotiations.

Despite minimal progress over the

last ew years in negotiating an

agreement in principle, many o the

chapters are in an advanced stage

o development. The work done

outside o treaty negotiations by the

Kaska Dena Council in relationship

building with neighbouring First

Nations, industry, environmentalnon-government organizations and

with the Yukon and BC governments

will be benefcial in concluding treaty

arrangements once the parties

resume negotiations.

Kaska Nation includes Kaska

Dena Council, Liard First Nation

and Ross River Dena Council

with a combined membership o

approximately 3,000. The First

Nations traditional territory ranges

rom north central BC to the Yukonand Northwest Territories.

Katzie

Indian BandNegotiations toward an agreement

in principle at the Katzie table

continue, with the parties meeting

regularly. However, urther progress

on the substantial completion o

chapters is proving difcult without

the meaningul engagement by the

parties on lands. While preliminary

discussions are underway ollowing

the tabling o Katzie land priorities in

late 2007, no timelines or a land and

cash oer, or the conclusion o an

agreement in principle have yet been

agreed to by the parties.

Negotiating fsh is also a challenge

at the Katzie table due to the lack

o a ederal mandate on fsh. Like

many other BC First Nations, Katzieis unable to negotiate the key issues

in the fsheries chapter while Canada

awaits the results o an internal review

by Fisheries and Oceans Canada.

Katzie members number approximately

490 and traditionally used and

occupied the land and water around

Pitt Lake, Pitt River, Surrey, Langley,

New Westminster and Vancouver.

KlahooseFirst Nation

No tripartite negotiations have

occurred in the past year; however,

some bilateral discussions withBC ministries and industry related

to resources and economic

opportunities are occurring. Regular

meetings with our neighbouring First

Nations regarding land use planning

as well as overlap discussions with

the Sliammon and Homalco First

Nations are being held.

progress



23/38


2008/ Page 21

Community consultation meetings

with on- and o-reserve members to

discuss territorial overlaps, governance,

land use processes and community

planning have also been occurring.

Klahoose has approximately

315 members and a traditional

territory on the mainland opposite

Campbell River.

KomoksFirst Nation

The Komoks table continued to

make good progress in negotiations

throughout the year. The table has

substantially completed most o the

chapter work or their agreement

in principle (AIP). The parties have

completed important work on

Komoks First Nations land interests.

The governments are consulting with

local and regional governments in the

area and third party interests.

Progress or the parties has notbeen without challenges though;

negotiation on the fsh chapter is

on hold due to the lack o a ederal

mandate on fsh. The delay likely

means the parties will not be able to

meaningully address fsheries prior

to their conclusion o the agreement

in principle in early 2009. Komoks

was looking orward to a land and

cash oer by Canada and BC

late this all. However, in light o

outstanding fsheries issues and the

governments ongoing stakeholder

consultations the parties have

decided to delay the tabling o the

oer until the frst quarter o 2009.

This will give the governments more

time to continue their consultations

with local and regional governments

in the area and third party interests.Komoks will also use this time

to continue its consultation with

members living in the community

and away rom home.

Komoks has been actively

pursuing agreements with their First

Nation neighbours on overlapping

territories. In early 2008, Komoks

and Sliammon First Nation signed

a shared territory agreement that

has been o interest to other First

Nations looking to make progress inresolving long-outstanding issues o

overlapping traditional territories.

Komoks has approximately 300

members. Their traditional territory

covers the central east part o

Vancouver Island and extends to

Johnstone Straight.

Ktunaxa KinbasketTreaty Council

Signifcant progress has been made

at the Ktunaxa Kinbasket Treaty

Council (KKTC) table in developing

an agreement in principle. However,

major dierences exist in several

areas including the role o KKTC

o treaty settlement land. In 2008,

ollowing extensive work, KKTC

identifed lands o interest to its

members or treaty settlement. This

was ollowed by a response to these

land interests by Canada and BC.

In 2009, discussions at the KKTC

table on land selection and other

issues will continue.

The Ktunaxa Nation was a participant




Ktunaxa/Kinbasket Treaty Council

includes Lower Kootenay IndianBand, Columbia Lake First Nation,

Shuswap Indian Band, St. Marys

Indian Band and Tobacco Plains

Band. They have a combined

population o approximately 1,225

and their traditional territories are

located between the Rocky Mountain

Trench and Kootenay Lake together

with adjacent watersheds.


24/38

Lake BabineNation

The Lake Babine table has beenmeeting regularly in 2008 to reviewagreement- in-principle chapter

language. Attention is ocused ongovernance and settling the eastern

portion o Lake Babines traditionalterritory. Lake Babine and BC arecurrently exploring all options related

to land opportunities.

A priority or Lake Babine is achievinga treaty to obtain recognition o

their unique fshing rights underthe Barricade Treaty concluded in190607, under which they and a

number o other First Nations agreedto stop using weirs to catch salmon

in the Stuart Lake system.

Lake Babine was also a participant

at the common table involving 60First Nation communities and the


Lake Babine Nation comprisesfve communities Woyenne, OldFort, Tachet, Donalds Landing and

Fort Babine and the combinedpopulation is approximately 2,235.

Its traditional territory spans an arearom Burns Lake in the south to the

Babine and Nilkitkaw rivers to thenorth including most o Lake Babine.

MusqueamNation

There have been no agreement-in-principle negotiations in 2008.Musqueam has been involved

in litigation, and subsequentnegotiations, over the disposal

and development o our parcelso Crown land in the First Nationstraditional territory. Although an

injunction obtained by Musqueamover the disposal o two buildings

in downtown Vancouver was struckdown by the Federal Court o Appeal,

the Musqueam were successul inreaching other agreements.

In March, the Musqueam Nationsigned a reconciliation, settlement

and benefts agreement with theProvince, outside the treaty process.

The agreement gives the Musqueam

$20.3 million in cash, title to theseven hectares o land on which

the River Rock Casino in Richmondwas built, the 59-hectare University

Gol Club lands and more than 20hectares o land in Pacifc Spirit Park,bordering the University o British

Columbia.

The First Nation has approximately1,210 members, with a traditional

territory spanning the GreaterVancouver area.

Na-mg-isNation

The Na-mg-is Nation table has

made progress over the past yearin negotiations on key elements o

their comprehensive agreement inprinciple (AIP). It was expected the

AIP would be concluded in early2008, but a land and cash oerrom the governments o Canada

and BC has not been orthcoming.Negotiations on fsh are stalled due

to a lack o mandate by the ederalgovernment. Na-mg-

is Nation interests

in a collaborative managementapproach have received limitedresponse rom the other two

governments in the negotiations.Despite the issues, the parties remain

hopeul an AIP will be concluded inthe coming months.

The Na-mg-is Nation has also been

active in discussions with their First

Nation neighbours on shared andoverlapping territory issues. They

are currently participating in aBC Treaty Commission initiativeto address overlaps with six other

Kwakwakawakw Nations.

progress



25/38


2008/ Page 23

The Na-mg

-is Nation comprises

approximately 1,600 members with

a traditional territory at the north end

o Vancouver Island and extending

rom the Nimpkish watershed to

the east and west. The majority o

their members live in Alert Bay on

Cormorant Island.

NazkoFirst Nation

The Nazko First Nation table made

progress towards an agreement in

principle in 2008. The majority o AIP

chapters are substantially complete

and ollowing extensive consultations

with community members, Nazko

tabled a detailed document which

identifes lands that are areas o

interest. A land and cash oer by

Canada and BC is expected in 2009.

Nazko First Nation has a population

o approximately 340 and its

traditional territory extends romsouthwest o Quesnel to Prince

George in the north.

NorthernRegional Negotiations

The Treaty Commission has been in

discussions with Taku River Tlingit

(TRT) over the past year about

engaging in tripartite negotiations

separate rom the other First Nations

o the Northern Regional Table. None

o these First Nations have been

active in negotiations since spring

2003 when the BC government let

the table to reassess its mandate or

transboundary negotiations. TRT has

advised they intend to meet with their

membership to confrm a mandate

on how or even i they might move

orward in negotiations. The Treaty

Commission is hopeul a decision will

be orthcoming by the end o 2008.

Champagne and Aishihik First

Nations, Carcross/ Tagish First

Nation, Taku River Tlingit First

Nation and Teslin Tlingit First

Nation represent approximately2,320 members who traditionally

used and occupied the lands in

southwest Yukon and northwest

British Columbia. With the exception

o Taku River Tlingit, who assert

traditional territory predominantly

in British Columbia, these First

Nations have negotiated land claims

agreements with the Government

o Yukon. All the members o the

Northern Regional Negotiation table

have transboundary claims claims

to land and resources that span the

British Columbia and Yukon border.

Northern ShuswapTribal Council Society

The Northern Shuswap Tribal Council

Society (NSTCS) continued to make

progress in negotiations in 2008.

All chapters o the agreement in

principle have been substantially

completed and many o the key

outstanding issues that need to be

addressed beore an agreement can

be concluded have been identifed.

The parties had expected to

conclude an agreement in principle

in early 2008. However, their eorts

have been hampered by a lack o

negotiations on the land and cash

component o the treaty. While

Canada and BC are working toward

tabling an oer, the extended delay isrustrating or the NSTCS leadership

and community members who want

to see tangible results rom their

lengthy treaty negotiations. The

lack o a ederal mandate on fsh

is another signifcant challenge or

the NSTCS.


26/38

Progress was made in other areas

during the year. Among the highlights

were land tours NSTCS conducted

in their traditional territory or

provincial and ederal government

representatives and their community

members, and their participation

in the Museum Heritage Park Tour.

Another important achievement wasthe NSTCS identifcation o lands in

which they have an interest in holding

as treaty settlement lands.

NSTS represents more than 2,165

people o Northern Secwepemc te

Qelmucw (NStQ) ancestry rom our

member communities in and around

the Williams Lake area: Williams Lake

Band (Texelc), Soda Creek Band

(Xatsull/ Cmetem), Canoe/ Dog

Creek Band (Stswecemc/ Xgattem)

and Canim Lake Band (Tsqescen).

Nuu-chah-nulthTribal Council

No signifcant tripartite activity has

occurred at the Nuu-chah-nulth treaty

table since mid-2005. The Nuu-chah-

nulth Tribal Council (NTC) continues

to work internally on treaty-related

matters. In 2008, Tla-o-qui-aht First

Nation announced its decision to

negotiate a treaty with Canada and

BC on its own. In the absence o new

developments, tripartite activity at the

NTC table is unlikely to resume or

the oreseeable uture.

Nuu-chah-nulth was a participant




The Nuu-chah-nulth treaty tablecomprises Ahousaht, Ehattesaht,

Hesquiaht, Mowachaht/Muchalaht,

Nuchatlaht and Tseshaht First

Nations, with a combined population

o approximately 4,525. The

traditional territories o these First

Nations span the west coast o

Vancouver Island rom Barkley

Sound to Kyuquot Sound.

Oweekeno(Wuikinuxv) Nation

Wuikinuxv has substantially

completed an agreement in principle,

although outstanding issues remain

in a number o chapters. The partiesanticipate the tabling o a land and

cash oer by Canada and BC late

this all; ideally this will help ocus

negotiations and enable the parties

to quickly come to agreement on

key issues.

One o Wukinuxvs key interests is

the negotiation o a collaborative

management agreement on land

and resource use in their traditional

territory and they have tabled an

approach or discussion with Canada

and BC. Wuikinuxv is also working

on two treaty-related measures; one

on governance is currently underwayand a fnal report on the Penrose

Island Marine Park treaty-related

measure is expected by the end

o 2008.

Wuikinuxv has approximately 280

members with a community at

Rivers Inlet.

SnuneymuxwFirst Nation

There have been no tripartite

treaty negotiations in the past

year. However, there have been

developments outside the treaty

process. Snuneymuxw is innegotiations or parcels o land

the First Nation claims as their

traditional territory promised to

them in the Douglas Treaty signed

in 1854. The Snuneymuxw have

been in discussions, under the

Specifc Claims Tribunal Act, or a

79-acre parcel in Nanaimo or fve

years and hope to settle soon. Talks

or fve other specifc sites will also

progress



27/38


2008/ Page 25

begin. Snuneymuxw was also a

participant at the common table

involving 60 First Nation communities

and the governments o Canada

and BC.

Snuneymuxws traditional territory

ranges rom central Vancouver Island,

including Gabriola Island, MudgeIsland and other adjacent islands,

to the Nanaimo River watershed.

The First Nation has approximately

1,540 members.

St:lo- Nation / St:lo-Xwexwilmexw TreatyAssociation (SXTA)

Currently seven communities within

the St:lo- Nation, working with

the SXTA, are actively engaged

in Stage 4 negotiations. They are

also participants at the Common

Table, with SXTA negotiators playing

a lead role in discussing Fiscal

Relations. Treaty work plans and

negotiations in 200708 ocused

on a number o substantive issues

including lands, shared decision

making, land use planning and

governance. The SXTA community

outreach program continues to share

treaty-related inormation and gain

community eedback on treaty-

related issues. The SXTA engaged in

consultations over the Tsawwassen

Final Agreement, In-shuck-ch Final

Agreement, and the Yale treaty

negotiations.

The seven St:lo- First Nations

currently in treaty negotiations are:

Aitchelitz, Leqa:mel, Popkum,

Skawahlook,

bc treaty commission 2008 annual report

Documents