A brochure published by the Ministry of Aboriginal Affairs

Treaties In British Columbia

Openness & Consultation

Openness

• Each set of local treaty talks begins with negotiation of an "openness agreement" which spells out media access, how documents are made available to the public, public access to negotiations sessions and other openness measures.
• The first openness agreement in B.C. was reached in 1994 with the Sechelt Indian Band. This enabled reporters and the public to attend negotiating sessions, which were also broadcast on local cable television.
• The Nisga'a negotiations began years before the openness policy was established - and do not have the same public information procedures as other negotiations.

Consultation

• The public and local economic interests are represented in each set of negotiations by a volunteer Regional Advisory Committee which has direct access to the provincial government negotiating team.
• Each municipality in a treaty region is represented on a Treaty Advisory Committee. This group appoints one person to sit at the negotiating table as a member of the provincial negotiating team.

Treaties And The Economy:

• Treaties create economic certainty: Treaties will end uncertainty over the ownership and use of Crown lands and resources. Without treaties there would always be an element of uncertainty in developing Crown land in British Columbia. Treaties establish a more stable economic climate which business people, workers and local communities need to attract new investment, economic opportunities and jobs.
• Treaties guarantee access to Crown resources: Treaties will provide access across First Nations' lands if it is required to allow ranchers, forest workers, miners, commercial fishers, outfitters and others access to Crown resources.
• Treaties will guarantee public access: Treaties will provide access across First Nations' land for roads, railways, utilities and the delivery of government services.
• Treaties stimulate new economic activity: Treaties will include financing for new economic development. This creates demands for goods and services from local suppliers, and payrolls which are spent with local business. Many B.C. businesses are already participating in successful joint ventures with First Nations. Treaty settlement creates more opportunities for this kind of business activity.
• Job creation: The provincial government wants treaties which create new economic opportunities which strengthen regional economies, not simply reshuffle existing jobs.
• Healthy communities: The province will negotiate treaties which are fair to all people, and which foster community stability and development. Treaties will provide funding to improve roads, sewers, facilities and communications - which will benefit all communities.

"Any proposed treaty which doesn't support regional economic development will be rejected by Cabinet and sent back for more work. One of the many reasons local advisory committees are working with provincial negotiators is to make sure we get this right the first time."

John Cashore, B.C. Minister of Aboriginal Affairs, Fall 1995

Treaties And Land

• Private property is not on the table: The provincial government has made it clear from the outset of negotiations that private property will not be considered at the negotiation table.
• The target is 5 per cent of BC land: The B.C. government target in negotiations is 5 % of B.C. land to First Nations - in proportion to their presence in the total B.C. population. In urban areas where there is little Crown land available, the land proportion of settlements will be smaller. In more remote areas, the land proportion would likely be larger.
• Existing Crown leases will be respected: The terms and conditions of existing Crown leases and licences will be honoured during treaty negotiations. The "landlord" may change from the Crown to a First Nation, but existing leases will be respected.
• Fair compensation: Government may, where a Crown lease holder agrees, negotiate to buy-out a lease or exchange it for acceptable rights elsewhere. This may also occur with other types of tenures and licences on Crown land. Fair and timely compensation is guaranteed.
• Certainty of land-use: The B.C. negotiating position on land issues will be based on existing land-use plans and designated parks and protected areas. Treaties will establish clear title to all Crown lands. This will simplify and speed up land-use decisions and the issuance of land-use licences and permits. British Columbia will maintain its goal of doubling parks and protected areas.

Costs And Benefits

• How can we justify the costs of treaties? The economic and social costs of doing nothing will far outweigh the costs of settling treaties. If the parties don't settle aboriginal rights to land and resources by negotiating, they will be forced to settle in court. The courts will not consider cost, and may impose settle-ments which require further negotiations - in the end costing the taxpayer considerably more.
• How will governments pay for treaties? The intent of treaties is to make First Nations self reliant. This will eliminate ongoing payments from the federal Department of Indian Affairs. These savings, and increased tax revenues from increased economic activities, will be applied against treaty costs. Treaty payments will be spread out over several decades.

Equality Under The Law

• One criminal code: Under treaties the Canadian Criminal Code will continue to apply equally to all British Columbians.
• One Charter of Rights: Under treaties the Charter of Rights and Freedoms will continue to apply to all Canadians, everywhere in British Columbia.
• One justice system: Under treaties there will continue to be one justice system for all British Columbia. This system allows communities (including aboriginal communities) to develop local programs geared to local needs.
• Common environmental standards: Treaties may enable First Nations to create their own environmental laws on their own land, much like municipalities do now. However, the province will not sign treaties unless First Nations' environmental standards meet or beat the provincial standard. This will establish minimum standards across the province.
• Fair tax laws: The province wants treaties to create fair tax laws for all British Columbians. The provincial government wants to phase-out tax exemptions currently provided under the federal Indian Act.

How Do I Get Involved?

• Contact your local provincial regional negotiating team, the federal negotiators or the First Nations' Summit. (For names and phone numbers call the provincial info line at 1-800-880-1022 during office hours.)
• Watch the local media for notices of public information meetings or community TV town hall meetings.
• If you belong to a service club, church group, business group, labour union or any other organization, invite First Nations and government negotiators to speak to your group. If local advisory committees have already been formed in your community, invite their members to meet with your group.

If there are vocal critics of the land claims process in your community, invite them to debate their views with people involved in the treaty process.

Volunteer for an advisory committee

• Contact the local provincial government regional negotiating team and let your name stand as a volunteer on the Regional Advisory Committee. If the committee is full, volunteer to organize a public information forum in your community.

Provincial information line: 1-800-880-1022