Interim Measures

Ministry of Aboriginal Affairs, Province of British Columbia

Information about . . .

Interim Measures

Unlike the rest of Canada, very few treaties were signed with First Nations regarding the use of land and resources. This has left the question of aboriginal rights unresolved for more than 100 years. The courts in B.C. have indicated that treaty negotiations, rather than costly court battles, are the best way to arrive at fair and lasting solutions. The Province is committed to negotiating treaties with First Nations and Canada that will put an end to the uncertainty.

In the meantime

We need to make sure the business and economy of the province are able to run as smoothly as possible while treaties are being negotiated. In certain cases, interim measures agreements will be made to protect and balance the Province's interests in lands and resources with those of First Nations. Interim measures agreements do not replace or limit the scope of treaties but they can help build positive, cooperative relationships and make long-lasting affordable treaties easier to achieve.

Interim measures range from formal agreements -- such as a Memorandum of Understanding between a government ministry and a First Nation -- to less formal day-to-day arrangements.

They encourage aboriginal and non-aboriginal interests to take cooperative approaches to identifying, conserving and enhancing natural resource interests in traditional territories. They can also ensure that First Nations have the opportunity to benefit from resource development in their area. In other cases, First Nations may be given more control over the provision of certain social programs than they have had in the past.

Interim measures arrangements do not:

transfer the jurisdiction of lands and resources to First Nations;
include broad moratoria over land and resource development;
predetermine the outcome of treaty negotiations.

Why are we negotiating interim measures?

The Province is negotiating interim measures because:

The Province accepted the 1991 B.C. Claims Task Force recommendation to negotiate interim measures where interests are being affected that could undermine the treaty negotiation process.
In its ruling on the Delgamuukw case in June of 1993, the B.C. Court of Appeal found that the Province must respect and protect aboriginal rights to traditional territories.
The Province recognizes the need to promote cooperative resource management which balances the interests of all British Columbians.

Who negotiates interim measures?

Individual government ministries are responsible for notifying and consulting First Nations whenever aboriginal rights might be affected within that ministry's jurisdiction. For example a forestry issue may be resolved by the Ministry of Forests, a fishing issue may he handled by the Ministry of Agriculture, Fisheries and Food, or a dispute over a protected area may be addressed by the Ministry of Environment, Lands and Parks. These consultation processes, like those of Aboriginal Affairs, fully recognize and include third-parry interests. These types of agreements can include measures that:

provide for management or co-management of lands and resources where aboriginal rights may be affected;
protect a specific cultural site while allowing land and resource development to continue;
establish a framework to transfer responsibility for child welfare, social services or education from the Province to a First Nation in a particular region.

Once negotiations begin on an agreement-in-principle with a First Nation, provincial treaty negotiators take the lead in addressing interim measures issues at the table. Interim measures will be considered at the treaty table if they are necessary to enable negotiations to continue or to protect specific components of the treaty until agreements are concluded.

Negotiators may also agree to keep certain interim measures arrangements or modify them for final treaty settlements. Individual ministries will continue to consult with First Nations about matters that are not under discussion at the treaty table.

How are my interests represented?

Ministries are responsible for making sure all interests -- aboriginal and non-aboriginal - are represented and respected through open and accessible negotiations.

If interim measures arrangements are about to be negotiated in your area, the ministry involved will notify local government and other interested parties, including business, environmental, fish, wildlife, industry and labour organizations. The ministry will also make sure that all stakeholders are kept up to date on the negotiating process and have plenty of opportunity to make their views known before a final interim measures agreement is signed.

For further information on this or other topics, contact:

Ministry of Aboriginal Affairs
Communications Branch
PO Box 9100 Stn Prov Govt
Victoria BC V8W 9B1

Or visit 1st Floor, 908 Pandora Avenue, Victoria, B.C.
Telephone: (250) 356-0330 or toll-free at 1-800-880-1022
Fax: (250) 387-1785

URL: http://www.aaf.gov.bc.ca/aaf/pubs/interim.htm
Last Update: 1996 Dec 10 by Webmaster