Treaty mandates are the instructions that provincial treaty negotiators receive from the Province of British Columbia. They provide negotiators with general direction and/or a range of realistic policy options. To prepare for treaty negotiations with First Nations and the federal government, the Province is developing two types of treaty mandates to guide its negotiators.
The Treaty Mandates Branch of the Ministry of Aboriginal Affairs takes the lead in developing these mandates. The branch consults with all interested provincial agencies and works closely with the Treaty Negotiations Advisory Committee (TNAC) to ensure that the interests of local government, industry, communities, labour and environmental organizations are given full consideration.
In addition, advice is sought from regional caucuses which include provincial agencies and local governments. The development of province-wide mandates is also shaped by extensive public consultation, as well as discussions with First Nations umbrella organizations.
Province-wide mandates must be approved by Cabinet. The Minister of Aboriginal Affairs, in providing instructions to treaty negotiators, conveys the direction of Cabinet as a whole. It is the responsibility of the Minister of Aboriginal Affairs to ensure that the Province s overall objectives are implemented during all negotiations. Province-wide mandates will reflect the interests of all British Columbians and include the following principles:
After the B.C. Treaty Commission deems a particular First Nation, the Province and Canada ready to begin treaty negotiations, the three parties prepare a Framework Agreement. This agreement sets out the topics and procedures for negotiations. Negotiation-specific mandates are developed during this stage. As with province-wide mandates, negotiation-specific mandates must be approved by Cabinet to ensure they remain consistent with the Province's objectives.
The main responsibility for the development of negotiation-specific mandates also rests with the Ministry of Aboriginal Affairs' Treaty mandates Branch. The branch will work closely with provincial negotiating teams to translate the general approach or range of options laid out in province-wide mandates, into a potential settlement package. All affected provincial agencies and local governments will participate in the development of specific mandates through negotiating caucuses, inter-ministry working groups and review bodies.
In addition, local advisory bodies will be established in areas where treaties are being negotiated to provide advice to treaty negotiators. Input from these advisory bodies will ensure that local interests and issues help guide the development of negotiation-specific mandates.
It is anticipated that, over the course of negotiating a treaty, mandates may need to be revised or clarified. However, any revisions will be considered in relation to the settlement package as a whole and fit within the framework established by province-wide mandates.
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