Introductory Note

The Honourable Garde Gardom
Lieutenant Governor of the Province of British Columbia

May it please Your Honour:

It is my pleasure to submit the annual report of the Ministry of Aboriginal Affairs of the Province of British Columbia for the period of April 1, 1994, to March 31, 1995.

During 1994/95, staff of the Ministry of Aboriginal Affairs continued, in a variety of ways, to help the Government of British Columbia fulfill its pledge to build new, more cooperative relationships with First Nations in this province.

One of the ministry's major responsibilities is to lead the province in negotiating fair and just treaties with First Nations. In 1994/95, we continued this crucial and necessary work with staff of the Government of Canada and representatives of First Nations throughout the province. The independent B.C. Treaty Commission fulfilled its role as "keeper of the process" ending the year with 44 First Nations in the six-stage process to negotiate treaties. Further, in 1994/95 six of those 44 First Nations reached the fourth stage of the treaty process where a Framework Agreement is negotiated. And after restructuring our third-party advisory committee, we made consultation and cooperation with third parties even more effective and meaningful.

Our continued work with First Nations, other ministries and third parties brought other valuable results. Structural and procedural changes were made to improve cross-cultural awareness and to ensure the involvement of all British Columbians in bringing social, environmental and economic certainty to this province.

In 1994/95 the Ministry of Aboriginal Affairs continued to work positively for aboriginal and non-aboriginal British Columbians. We will work hard to continue that progress and success in 1995/96.

Signed
The Honourable John Cashore
[Minister of Aboriginal Affairs]

• Mission Satement

• Organization

  • Treaty Negotiation Division
  • Policy Planning & Research Division
  • Aboriginal Relations Division
  • Management Services Division
  • Public Affairs Division

• relationships between aboriginal people and all British Columbians are based on equality and respect;
  
• aboriginal people can fulfill their aspirations for self-determining and self-sustaining communities;
  
• all British Columbians enjoy the social and economic benefits of cooperation and certainty.

Treaty Negotiations Division

Currently a total of 47 First Nations have filed their Statements of Intent to negotiate a treaty with the BC Treaty Commission.

During the 1994/95 fiscal year: 13 First Nations entered the treaty negotiation process; 6 treaty tables were declared ready to proceed to stage 3 of negotiations; and 3 treaty tables initialed stage 3 Framework Agreements.

As part of the provincial government's commitment to open negotiations, a strategy for addressing openness in negotiations was developed. All three parties to the negotiations have taken an active role in drafting openness protocol agreements. The agreements outline guidelines and instructions to be followed by all three parties during the negotiating sessions.

Strategic Planning

The Strategic Planning Branch is responsible for developing and overseeing a provincial approach to treaty negotiations.

In March 1994, the Integrated Model for the treaty negotiation process was approved. It describes the corporate approach to treaty negotiations. The model identifies:

• the process of development and approval for policies, mandates and financial limits;
  
• the structure for treaty negotiations;
  
• roles and responsibilities in mandate development, treaty negotiations and fiscal controls;
  
• fiscal controls on the treaty negotiation process.

As part of this integrated approach, the Treaty Negotiations Interministerial Committee was established to receive input from all line ministries and to address specific concerns with respect to the treaty process.

Regional Negotiating Teams

North West Coast Regional Negotiating Team

• June 1994 -- The Accord of Recognition and Respect was signed by the Gitxsan and Wet'suwet'en and the province. As a result of the accord, the Delgamuukw court action was adjourned for one year, allowing time to address issues through the treaty process and other bi-lateral negotiations.
  
• December 1994 -- The Bulkley-Skeena Regional Advisory Committee (RAC) for the Gitxsan and Wet'suwet'en negotiations was formally established.
  
• January 1995 -- Gitxsan and Wet'suwet'en treaty tables were declared ready by the B.C. Treaty Commission (BCTC). Framework negotiations were initiated immediately with both First Nations.
  
• March 1995 -- The Gitsxan and the province signed a Significant Progress Agreement which laid out a number of clearly defined goals with respect to both treaty and bi-lateral negotiations under the Accord of Recognition and Respect.
  

Stage four procedural agreements, including an Openness Protocol and a Treaty Framework Agreement were initialed by Gitsxan, federal and provincial chief negotiators.

A first draft interim measure Memorandum of Understanding (MOU) was negotiated with the Tsimshian First Nation.

Lower Mainland Regional Negotiating Team

• December 1994 -- The Sechelt treaty table was declared ready by the BCTC. The Sechelt Framework Agreement, which included an Openness Protocol Agreement, was initialed immediately after readiness was declared.
  
• February 1995 -- The Squamish treaty table was declared ready by the BCTC.

Vancouver Island Regional Negotiating Team

• January 1995 -- An Openness Protocol Agreement was signed by the Nuu-chah-nulth Tribal Council, the province and the federal government.
  
• February 1995 -- The Nuu-chah-nulth Tribal Council treaty table was declared ready by the BCTC. An Openness Protocol Agreement was signed by the Ditidaht First Nation, the province and the federal government.
  
• March 1995 -- The Ditidaht treaty table was declared ready by the BCTC.
  

North and South Interior Regional Negotiating Team

• December 1994 -- A Framework Agreement was initialed with the Champagne and Aishihik First Nations who are negotiating a transboundary agreement.
  

Provincial Team

Major Activities

• Cost-sharing activities focused on the development of general procedures to implement the cost-sharing MOU, in particular with respect to Nisga'a and McLeod Lake negotiations and with a concentration on foregone revenue procedures.
  
• Bi-lateral negotiations were held with Canada on the development of an Information Sharing Protocol which would define the cost-sharing arrangements and timing of information provided to the negotiation tables.
  
• Agreements were reached on the cost-sharing of the majority of pre-treaty activities, such as the operation of the treaty commission and negotiation funding to First Nations.

Among the provincial team's major accomplishments were the establishment of a cost-sharing reference group and treasury board reporting mechanism, the provision of cost-sharing strategic advice to the Nisga'a negotiations, the completion of negotiation funding contribution and loan agreements including the allocation of almost $19 million, with $1.5 million coming from the province, and the establishment of linkages between the joint Senior Official Committee, the federal Regional Director General and the provincial Deputy Minister.

As well, team members were instrumental in helping to fill the treaty commission appointments with qualified candidates. Team members participated in the successful tripartite search and replacement of the BCTC Chief Commissioner, the appointment of federal and First Nations Summit Commissioners and the re-appointment of provincial and second First Nations Summit Commissioners.

Nisga'a Negotiations

Policy, Planning and Research Division

Staff of the Policy, Planning and Research Division provide policy advice and support on aboriginal issues to the Minister, Cabinet, ministry staff and other provincial government staff.

Aboriginal Policy Branch

The Aboriginal Policy Branch is organized into four units: Intergovernmental Forums Secretariat, Lands and Resources, Self-Government and Social and Economic Development. Branch staff are responsible for:

• monitoring and influencing policy initiatives of other ministries and Crown corporations affecting aboriginal peoples;
  
• developing over-arching government policy, except for treaty mandates, to lead to the province's new relationship with aboriginal peoples;
  
• implementing the provincial strategic plan through joint policy work with the Union of British Columbia Indian Chiefs and the First Nations Summit;
  
• other analytical, research and related support services.
  

Ongoing work took place on Commission on Resources and the Environment (CORE) and the Protected Areas Strategy processes to help ensure that aboriginal concerns and issues were properly considered.

A national database on expenditures was started and the branch coordinated an inter-ministry analysis of the Federal Program Review and its potential impact on aboriginal peoples. Inter-governmental relations and taxation issues were also handled as part of the branch's mandate.

Treaty Mandates Branch

The Treaty Mandates Branch consists of three units: Lands and Resources, Self-Government and Fiscal Arrangements. In consultation with other ministries and third parties, the branch is responsible for developing the province's treaty mandates. Treaty mandates are the instructions the province's negotiators take into treaty negotiations. These include province-wide mandates that apply to every negotiation and specific mandates that are tailored to the individual circumstances of each negotiation.

In 1994/95, Treaty Mandates released several papers including the following:

• Provincial Interests in Treaty Negotiations which identifies province-wide interests in each of the three major mandate areas;
  
• Interim measures policy for the protection of lands and resources in the context of treaty negotiations;
  

Aboriginal Relations Division

The Aboriginal Relations Division manages the day-to-day relationship between the province and aboriginal people. Division staff assist aboriginal people to meet their social, economic and cultural goals by fostering new, cooperative relations between government ministries and First Nations.

Aboriginal Initiatives

Staff of the Aboriginal Initiatives Branch deal directly with aboriginal communities throughout the province. Provincial Aboriginal Advisors are the field people of the ministry who are in direct daily contact with aboriginal people.

In 1994/95, the branch focused on the following four main areas:

• Development of self-sustaining aboriginal communities. The branch worked closely with all communities to identify, prioritize and develop a plan of action to ensure that social, economic, land, resource and infrastructure issues/concerns are addressed;
  
• Supported and built upon a working relationship between the Province of B.C. and aboriginal people. Branch staff worked to develop and manage a new, more positive working relationship among all levels of government and First Nation communities by providing cultural awareness, dispute resolution, mediation and negotiation services;
  
• Facilitated consultation and communication between government and First Nation communities; and
  
• Worked closely with all treaty teams to ensure issues of concern for First Nation communities are addressed in an appropriate forum.
  

Social and Economic Initiatives Branch

• Implementation of recommendations made by the Select Standing Committee on Aboriginal Affairs to improve the First Citizens' Fund, Business Loan Program;
  
• Activities to enhance aboriginal involvement in the Vancouver Island Highway Project;
  
• Membership in the Clayoquot Sound Interim Measures Economic Development Working Group, to promote training, infrastructure and business opportunities within Clayoquot Sound;
  
• Involvement in the implementation of the Significant Progress Agreements with the Gitxsan and Wet'suwet'en First Nations;
  
• Further development of tripartite information forums for off-reserve aboriginal people and for Metis;
  
• Assisting aboriginal groups and communities in community development and planning.
  

First Citizens' Fund

• a business loan program to assist aboriginal entrepreneurs to start, expand or upgrade small businesses;
  
• a student bursary program to assist aboriginal post-secondary students who demonstrate financial need;
  
• a friendship centre program to assist Native Friendship Centres to hire program directors; and
  
• an elders transportation program to assist aboriginal elders attending special heritage, cultural, or educational events.
  

• The business loan program approved 101 loans to support aboriginal businesses - a total of $3.33 million;
  
• Student bursaries were awarded to 129 individuals attending a variety of B.C. colleges and universities - a total of $118,244;
  
• Elders transportation grants were approved for 33 elders groups -- a total of $29,338; and
  
• The friendship centre program provided $30,000 to each of the 21 Native Friendship Centres in the province and $110,000 to the B.C. Association of Native Friendship Centres. The friendship centre program also provided an additional $35,000 to each of three centres in the form of a pilot project promoting capacity-building and economic development opportunities within the urban aboriginal population.

First Peoples' Heritage, Language and Culture Council

Lands and Resources

Examples of agreements reached between the province and First Nations in 1994/95 include:

• the Scheidam Flats Settlement Agreement with the Kamloops Indian Band and Canada, signed March 1, 1995. This agreement transferred Scheidam Flats from the province to Canada for reserve purposes.
  
• The Penticton/Seven Peaks initial agreement with the Upper and Lower Similkameen and Penticton Bands, signed on December 14, 1994. This initial agreement ensures First Nation input into environmental impact assessments and other related matters.
  
• the Mowachaht/Muchalahat Relocation Settlement Agreement with the Band and Canada signed in early 1994. This agreement resulted in the transfer of 125 hectares of land from British Columbia to Canada for reserve purposes.
  

Information Management Branch

Information Systems Section:

• acquires and installs hardware and software for ministry use;
  
• provides systems training and technical support; and
  
• develops systems applications.
  

Freedom of Information and Records Section:

• coordinates the ministry's responsibilities under the Freedom of Information and Protection of Privacy Act;
  
• provides records management services to the ministry including centralized storage and retrieval; and
  
• manages a resource centre consisting of books, reports, videos and other information specific to First Nations.
  

During the year, the ministry converted all records to the provincial standard format. Ministry records now reside on an automated inventory database.

Information Provision Section:

Organizing and implementing an Information Provision Section that will collect, integrate and display information for use in treaty negotiations began in 1994. The section is also responsible for determining costs associated with information provision, partly for federal/provincial cost-sharing purposes.

During the year, roles and responsibilities were developed and a manager recruited, so that the section will become fully operational next year.

Finance and Administration Branch

During the year, branch staff handled the ongoing financial and administrative needs of the ministry. They also began to develop ministry-specific policies and procedures manuals to enhance the effective and efficient administration of financial matters within the ministry.

Human Resources Branch

Public Consultation Branch

This year marked the first full year of operation for the Treaty Negotiation Advisory Committee (TNAC). Discussions concentrated on policy issues such as self-government, certainty, taxation, fiscal arrangements, interim measures and the start up of the B.C. Treaty Commission. Sectoral committees on lands and resources, fisheries, wildlife, governance and energy, mineral and petroleum resources developed a series of interest papers to assist the provincial and federal governments.

Information meetings describing the treaty commission process were held throughout the province. More than 130 mayors, councillors and regional board members and 100 interest group representatives participated. Branch staff also met with individual municipal and regional governments, industry groups, other stakeholders and communities to identify and clarify local interests.

Consultation activities related to the Nisga'a negotiations were ongoing, including meetings of four sectoral advisory committees, public meetings and other special events.

Other branch accomplishments during the year included:
Formal establishment of the Bulkley-Skeena Regional Advisory Committee (RAC) for the Gitxsan and Wet'suwet'en treaty tables. Additional advisory committees were started for negotiations in Port Alberni, Sechelt and the Lower Mainland.

The signing of a protocol agreement with the Union of B.C. Municipalities guaranteeing representation for local governments on provincial treaty negotiation teams, including Nisga'a.

Facilitation of the work of the Penticton Community Consultation Process on aboriginal issues and continued consultation with local governments and stakeholders on the McLeod Lake Treaty Adhesion negotiation.

Communications Branch

Communications staff continued their efforts to raise British Columbians' awareness and understanding about treaty negotiations and the issues facing aboriginal people. Working with representatives of the federal government, the First Nations' Summit and the B.C. Treaty Commission, tripartite public information forums were held in all regions of the province.