Status of First Nations treaties in British Columbia
Indigenous peoples in Canada |
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The status of the First Nations, Aboriginal people of British Columbia (BC), Canada, is a long-standing problem that has become a major issue in recent years. In 1763 the British Crown declared that only it could acquire land from First Nations through treaties.[1] Historically only two treaties were signed with the First Nations of BC. The first of which was the Douglas Treaties, negotiated by Sir James Douglas with the native people of southern Vancouver Island from 1850-1854.[2] The second treaty, Treaty 8, signed in 1899 was part of the Numbered Treaties that were signed with First Nations outside of British Columbia.[3] British Columbian Treaty 8 signatories are located in the Peace River Country or the far North East of BC. For over nine decades no more treaties were signed with First Nations of BC; many Native people wished to negotiate treaties, but successive BC provincial governments refused until the 1990s.[4][5] A major development was the 1997 decision of the Supreme Court of Canada in the Delgamuukw v. British Columbia case that Aboriginal title still exists in British Columbia and that when dealing with Crown land, the government must consult with and may have to compensate First Nations whose rights are affected.[6]
History
![A map of Vancouver Island and the Lower mainland, with a dark patch showing Tsawwassen land](http://upload.wikimedia.org/wikipedia/commons/thumb/5/5b/Tsawwassen.png/200px-Tsawwassen.png)
In 1991 the Report of the BC Claims Task Force was released recommending a treaty commission be set up.[8] The British Crown passed its authority to negotiate treaties to Canada when it was created in 1867. Even though only the Canadian federal government has the authority to enter into treaties with First Nations[4] in 1992 the newly created British Columbia Treaty Commission (BCTP) and BC Treaty Process included the BC provincial government in the process by agreement among Canada, BC and the First Nations.[8] As of 2009 there are 60 First Nations participating in the BC treaty process. Because some First Nations negotiate at a common table, there are 49 sets of negotiations.[9] From 1992 to 2009 there have been a few treaties completed including the Maa-nulth First Nations Treaty signed on April 9, 2009,[10] and the Tsawwassen First Nation Treaty signed on April 3, 2009.[7] Another Treaty was ratified outside the BC Treaty process in 1999, the Nisga'a Treaty.[11] In May 1993 the Treaty Commission allocated approximately $432 million in negotiation support funding to more than 50 First Nations- $345.6 million in the form of loans and $86.4 million in the form of contributions.[12] Of that money the Treaty Commission's total operating costs from 1993 to March 31, 2009 has spent $34.2 million.[12]
![Old black and white photo of an old man in a suit](http://upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Sir_James_Douglas.jpg/200px-Sir_James_Douglas.jpg)
There is considerable disagreement about treaty negotiations; while polls have shown that 25% of British Columbians are opposed to it,[13] a substantial minority of native people consider the current treaty process inadequate and have therefore refused to participate. Tapping into this public sentiment in 2002, the BC Liberal Party mailed out ballots for a provincial British Columbia Aboriginal treaty referendum on principles for treaty negotiations, sparking protests and a boycott. Because of the boycott and general public apathy only about a third of eligible voters took part in the referendum,[14] which passed with 80% of those who responded voting "Yes" to continuing the Treaty Process.[15]
A November 21, 2007 court threatened the Treaty Process when the ruling for the Xeni Gwet'in First Nation was given. The judge ruled that the Xeni Gwet'in could demonstrate Aboriginal title to half of the Nemaiah Valley, and that the province had no power over these lands.[16] Under the BC treaty process, negotiating nations have received as little as 5% of their claimed land recognized. Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, member governments of which reject the treaty process and remain outside it, has called the court victory a "nail in the coffin" of the B.C. treaty process.[16] He went on to say, "Why would any First Nation be foolish enough to ratify any [treaty] settlement for less than five per cent of their territory when the Xeni Gwet'in [have] achieved recognition of their title to 50 per cent of their territory?"[16]
Even with the Xeni Gwet'in ruling First Nations across BC are still continuing the Treaty process advancing through the six-stage process to eventual Treaty implementation. While Chief Stewart Phillip had claimed that the First Nations themselves would slow down or leave the treaty process it is the Canadian government who is holding up many of the treaties.[17]
BC Treaty negotiation stages
In 1992 The Treaty Commission and the treaty process were established in by agreement among Canada, British Columbia and the First Nations Summit. Through the Treaty Commission a process was reached where treaties would follow a six-stage system to successful Negotiation.[18]
![A dark stone mask, free standing](http://upload.wikimedia.org/wikipedia/commons/thumb/d/de/Nisgaa_mask_Louvre_MH_81-22-1.jpg/200px-Nisgaa_mask_Louvre_MH_81-22-1.jpg)
Stage Number | Stage Name | Description | Reference |
---|---|---|---|
Stage 1 | Statement of Intent to Negotiate | A First Nation submits a Statement Of Intent (SOI) stating among other things who is claiming, proof that the negotiating party is supported by the community and where the claim will be made. | [18] |
Stage 2 | Readiness To Negotiate | Within 45 days of submitting the SOI the parties must sit down and show that all parties have the will and resources to negotiate a treaty. | [18] |
Stage 3 | Negotiation Of a Framework Agreement | Basically the "table of contents" of a comprehensive treaty. The three parties agree on the subjects to be negotiated and an estimated time frame for stage four agreement-in-principle negotiations. | [18] |
Stage 4 | Negotiation Of An Agreement In Principle | The negotiating parties examine in detail the elements outlined in their framework agreement with the goal of solving the all problems and creating a working treaty. | [18] |
Stage 5 | Negotiation to Finalize a Treaty | The treaty for all intents and purposes is finished at this stage the treaty has to be approved by all parties of the negotiating team. | [18] |
Stage 6 | Implementation of the Treaty | Applying and running the First Nation as set out by the treaty. | [18] |
First Nation treaty status
See also
- British Columbia Treaty Process
- British Columbia Aboriginal treaty referendum, 2002
- List of First Nations governments in British Columbia
- The Canadian Crown and Aboriginal peoples
- Royal Proclamation of 1763
References
- ^ "FAQ - Why, in this day and age, are treaties being negotiated in BC?". bctreaty.net. 2009. Retrieved July 29, 2009.
- ^ a b c d e f g h i j k l m n "Douglas Treaties: 1850-1854". Executive Council of British Columbia. 2009. Retrieved July 28, 2009.
- ^ "Numbered Treaty Overview". canadiana.org. 2009. Retrieved July 29, 2009.
- ^ a b Helena Kajlich (2002). "The British Columbia Treaty Referendum:An Appropriate Democratic Exercise?". University of New South Wales. Australasian Legal Information Institute. Retrieved July 29, 2009.
- ^ Anthony J. Hall (March 2002). "The Denigration of A Great National Question". University of Lethbridge. Department of Native American Studies. Retrieved July 29, 2009.
- ^ "A Lay Person's Guide to DELGAMUUKW" (PDF). bctreaty.net. 2009. Retrieved July 29, 2009.
- ^ a b c "Tsawwassen First Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b "About Us". bctreaty.net. 2009. Retrieved July 29, 2009.
- ^ a b c d e f g h i j k l m n o p q r s t u "Negotiation Update". Executive Council of British Columbia. B.C. Treaty Commission. 2009. Retrieved July 18, 2009.
- ^ a b c d e f "Maa-nulth First Nations". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c "Nisga'a Final Agreement". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
- ^ a b "FAQ - How much will treaty negotiations cost?". bctreaty.net. 2009. Retrieved July 29, 2009.
- ^ "There are Compelling Economic Reasons". bctreaty.net. 2009. Retrieved July 29, 2009.
- ^ "Voter response low to B.C. treaty referendum". CBC News. May 16, 2002. Retrieved July 29, 2009.
- ^ "B.C. treaty referendum". CBC News. July 2, 2004. Retrieved July 29, 2009.
- ^ a b c d "Huge win for Interior natives". Canwest. The Province. November 22, 2007. Retrieved July 27, 2009.
- ^ Andrew MacLeod (November 26, 2008). "Federal government delaying several treaties: BC Treaty Commission". The Hook. Retrieved July 29, 2009.
- ^ a b c d e f g "Six-Stages: Policies and Procedures". Executive Council of British Columbia. B.C. Treaty Commission. 2009. Retrieved July 18, 2009. Cite error: The named reference "bctreaty.net.six" was defined multiple times with different content (see the help page).
- ^ a b c d e f g h i j k "Shuswap Nation Tribal Council". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e f g h i j k l m "Nuu-chah-nulth Tribal Council". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e f g h i j k l m n o p q r s "Stó:lo Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e "Tsilhqot'in National Government". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
- ^ a b c d e "Nlaka'pamux Nation Tribal Council". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e "Te'mexw Treaty Association". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
- ^ a b c d e f g "Treaty 8 First Nations". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e f "Lillooet Tribal Council". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e f g h "Carrier Sekani Tribal Council". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Esketemc First Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b "Xaxli'p First Nation (formerly Fountain Band)". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c "Hamatla Treaty Society". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d "Northern Shuswap Treaty Society / Tribal Council". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c "Northern Regional Negotiations Table". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e f "Hul'qumi'num Treaty Group". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Cheslatta Carrier Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e f g h "Nicola Tribal Association". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
- ^ a b c d e "Ktunaxa Kinbasket Tribal Council". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Cowichan Tribes". Government of Canada. Indian and Northern Affairs Canada. 2009. Retrieved July 26, 2009.
- ^ a b c d "Winalagalis Treaty Group". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e f "Kaska Nations". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e "Gitxsan Treaty Society". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Office of the Gitanyow Hereditary Chiefs". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e f "Tsimshian First Nations". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Gwawaenuk Tribe". Government of Canada. Indian and Northern Affairs Canada. 2009. Retrieved July 26, 2009.
- ^ a b "wetsuweten". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Heiltsuk Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b "Tahltan Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c "Fraser Canyon Tribal Administration". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
- ^ "Katzie First Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Haisla Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d "Carrier Chilcotin Tribal Council". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b "Musgamagw Tsawataineuk Tribal Council". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Kwikwetlem". Government of Canada. Indian and Northern Affairs Canada. 2009. Retrieved July 26, 2009.
- ^ "Lake Babine Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "lax-kwalaams". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b "Lheidli T'enneh Band". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d e f "Okanagan Nation Alliance". Executive Council of British Columbia. 2009. Retrieved July 26, 2009. Cite error: The named reference "gov.bc.ca.okanagan" was defined multiple times with different content (see the help page).
- ^ "The McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Mamalilikulla-Qwe'Qwa'Sot'Em". Government of Canada. Indian and Northern Affairs Canada. 2009. Retrieved July 26, 2009.
- ^ a b "Nazko First Nation". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
- ^ "Nee-Tahi-Buhn". Government of Canada. Indian and Northern Affairs Canada. 2009. Retrieved July 26, 2009.
- ^ "N'Quatqua". Government of Canada. Indian and Northern Affairs Canada. 2009. Retrieved July 26, 2009.
- ^ "Wuikinuxv First Nation (formerly Oweekeno Nation)". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
The Nuxalk Nation is not involved in the treaty process.
- ^ a b "Haida Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ a b c d "Queen Charlotte Islands renamed Haida Gwaii in historic deal". CBC News. December 11, 2009. Retrieved December 16, 2009.
- ^ a b c d "Alliance maps out at-risk treaty lands". CanWest MediaWorks Publications Inc. June 22, 2006. Retrieved July 26, 2009.
- ^ "Peters". Government of Canada. Indian and Northern Affairs Canada. 2009. Retrieved July 26, 2009.
- ^ "Uncovering her roots". Canwest News Service. New Westminster Record. June 6, 2009. Retrieved July 26, 2009.
- ^ a b "Sechelt Indian Band". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Skin Tyee". Government of Canada. Indian and Northern Affairs Canada. 2009. Retrieved July 26, 2009.
- ^ a b "Sliammon First Nation". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
- ^ "Snuneymuxw First Nation". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
- ^ "Squamish First Nation". Executive Council of British Columbia. 2009. Retrieved July 27, 2009.
- ^ "Tlowitsis Tribe". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Tsay Keh Dene Band". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Tsleil-Waututh First Nation Also Burrard Indian Band". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Union Bar First Nations". unionbarfirstnations.com. 2009. Retrieved July 29, 2009.[dead link]
- ^ "Westbank First Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Wuikinuxv First Nation (formerly Oweekeno Nation)". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Yale First Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.
- ^ "Yekooche First Nation". Executive Council of British Columbia. 2009. Retrieved July 26, 2009.