summary

Summary of the B.C. Government's Approach
to Consultation on Treaty and Non-Treaty Negotiations

PURPOSE

To provide an overview of the Government of British Columbia's approach to consultation on treaty and pre-treaty negotiations with First Nations.

VISION

British Columbia is unique in Canada in both its history and the broad diversity of cultures and values that are a product of that history. It is in the interests of all British Columbians not to allow these differences to result in misunderstanding, conflict and economic stagnation, but to nurture and promote a rich and creative cultural mix that will advance our common vision of a strong and prosperous society.

Aboriginal people make an important contribution to this diverse cultural heritage and, as First Nations , deserve a degree of respect and dignity that, unfortunately, has not always been present in the years since European colonization took place.

Through the negotiation of modern-day treaties and pre-treaty arrangements, British Columbians now have an opportunity to forge a new relationship and respect for each other that will allow us to work together toward common goals.

A clear and consistent approach to government consultation with First Nations and others will provide the foundation for this new relationship.

MAIN ELEMENTS

I. Provincial Relationship with First Nations

The Province's overall relationship with First Nations is guided by a series of government-to-government forums involving the leaders of key provincial political organizations representing on- and off-reserve aboriginal populations, members of Cabinet, and senior provincial government officials. Working groups and technical committees are formed as needed to develop options and provide recommendations on specific issues. Discussions cover a broad range of issues, programs and policies brought forward by the Province and First Nations in a joint process agreed to by the parties. A memorandum of understanding outlines the roles and responsibilities of the parties in the process.

II. Local Relationship with First Nations

Provincial ministries will work directly with individual First Nations to ensure that the Province's responsibilities with respect to consultation are met, including consultation regarding aboriginal title as set out in the Delgamuukw decision. In addition Provincial Ministries will negotiate non-treaty agreements with First Nations that reflect the commitment to a new relationship.

III. Provincial Approach to Third Party Consultation

In accordance with the recommendations of the Provincial Third Party Advisory Committee on Land Claims and the B.C. Claims Task Force as a guide, the Province and Canada have jointly created a provincial advisory structure, consisting of the Treaty Negotiation Advisory Committee (TNAC) and five sectoral advisory committees, to ensure that the interests and expertise of provincial organizations representing major industries, business, labour, environment and outdoor recreation groups local governments and other provincial organizations with a direct interest in treaty and other negotiations, are understood and taken into account. On issues that are exclusively provincial or federal in nature, bilateral discussions are possible. First Nations are invited to participate in this process as much as possible to assist in clarifying issues and reaching creative solutions.

IV. Local Approach to Third Party Consultation

Regional consultation processes will also be established for treaty and pre-treaty negotiations affecting third parties. These processes are carried out cooperatively between the provincial and federal governments. First Nations participation is invited, whenever possible, to clarify issues and explore creative solutions. It is understood that every regional consultation process will have to be tailored to the nature of the negotiations and the local situation. Wherever possible, existing advisory committees and local structures will be used to avoid duplication of effort and expense.

A memorandum of understanding between the Government of British Columbia and the Union of B.C. Municipalities recognizes that local governments, as a provincially-delegated level of government, have a special interest and role to play in the negotiation and implementation of modern-day treaties and other aboriginal agreements. The Memorandum of Understanding outlines issues on which local governments will be consulted. The Province has also signed a protocol agreement with the UBCM that ensures local government participation and presence at all treaty negotiations through membership on provincial negotiating teams and establishment of local Treaty Advisory Committees comprised of local governments representatives.

V. Principles of Openness

The following principles for public involvement guide provincial negotiators:

Open negotiations must be the starting point, closed negotiations the exception;

All British Columbians must have the opportunity to provide meaningful input into the negotiating process;

British Columbia's negotiation mandates will be made public;

The province will pursue the most effective means of opening up and sharing information about negotiating sessions as widely as possible;

All treaty settlements will be approved by the B.C. legislature.

URL: http://www.aaf.gov.bc.ca/aaf/pubs/summary.htm Last Update: 1998 October by Webmaster

Summary of the B.C. Government's Approach to Consultation on Treaty and Non-Treaty Negotiations