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8/14/2019 BC Treaty Commission 2008 Annual Report
1/38
BC Treaty
CommissionAnnual Report2008/ www.bctreaty.net
8/14/2019 BC Treaty Commission 2008 Annual Report
2/38
Letter from the Acting
Chief Commissioner / 1
Overview
2008 / 3
Special
Report / 9
Progress
Reports / 13
About
Us / 31
8/14/2019 BC Treaty Commission 2008 Annual Report
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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.
8/14/2019 BC Treaty Commission 2008 Annual Report
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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
8/14/2019 BC Treaty Commission 2008 Annual Report
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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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BC TreatyCommissionAnnual Report
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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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BC TreatyCommissionAnnual Report
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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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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.
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special
report /On Nation Building
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.
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BC TreatyCommissionAnnual Report
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
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special
report /On Nation Building
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.
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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
43 First Nations in Stage 4
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
3 First Nations in Stage 3
Cheslatta Carrier Nation
Council of the Haida Nation
Squamish Nation
6 First Nations in Stage 2
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.
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progress
reports /60 First Nations
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
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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.
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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
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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
governments o Canada and BC.
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.
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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
First Nation communities and the
governments o Canada and BC.
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
First Nation communities and the
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
First Nation communities and the
governments o Canada and BC.
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.
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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.
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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
at the common table involving 60
First Nation communities and the
governments o Canada and BC.
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.
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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
governments o Canada and BC.
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.
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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.
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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
at the common table involving 60
First Nation communities and the
governments o Canada and BC.
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
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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,