British Columbia is the only province in Canada where treaties were not signed with the vast majority of aboriginal people. The Province of British Columbia is committed to negotiating modern-day treaties with First Nations - treaties that will clarify aboriginal rights to land and resources and address issues like self-government and the social, economic and environmental concerns of all parties. In order to build a solid foundation upon which to negotiate fair and lasting agreements, the Province has also made the commitment to develop better relationships with First Nations - relationships based on mutual trust and respect. In keeping with these commitments, the Province recognized the concepts of aboriginal rights and the inherent right to self-government in 1991.
Settling aboriginal issues at the negotiation table - instead of in the courts - will benefit all British Columbians, not just aboriginal people. Treaties will bring certainty to land and resource use, help attract new investment for resource development, create social stability and put an end to costly legal battles between First Nations and the Province.
The Province of British Columbia is committed to open negotiations and has asked Canada and First Nations to help open up negotiations to the public and share information as widely as possible. Open negotiations are an essential part of making long-lasting and fair treaties that will benefit everyone.
Negotiating Modern-day Treaties
In 1990, the province, the First Nations Summit and the federal government created the B.C. Claims Task Force to recommend a process for negotiating treaties. All 19 of the task force's recommendations were accepted, including the establishment of an independent B.C. Treaty Commission to oversee and facilitate treaty negotiations. This made-in-B.C. approach to treaty-making is a six-step process.
Step 1
In December 1993, the B.C. Treaty Commission began accepting statements of intent to negotiate from First Nations. To date, 49 First Nations have taken this first step.
Step 2
Many First Nations, as well as British Columbia and Canada, are now in the second stage of the treaty negotiation process: preparing for treaty negotiations. During this stage, preliminary meetings are held between the three negotiating parties and the B.C. Treaty Commission determines the readiness of all three parties to begin negotiating.
Step 3
Framework agreements are worked out to identify the subjects of negotiation and the negotiating schedule. Topics for negotiation will likely include: self-government and jurisdiction; land, resource and cultural heritage management and protection; education, health, justice and family support issues; and treaty implementation.
Step 4
During this stage an agreement-in-principle - the major agreement - will be worked out and ratified by all parties. Step 5
During the fifth stage, the technical and legal details of the agreement-in-principle are concluded. The resulting final agreement is discussed fully and openly in the legislature, and voted on by the legislative assembly. After negotiation and ratification are complete, the job of implementation begins. During stage six, the specific details of the treaty that have been set down on paper are put into practice.
Public Education and Consultation
The Province's commitment to open negotiations includes sharing general treaty mandates with the public so that British Columbians know the direction our negotiators are taking at the table. Public forums, community meetings and various other consultation and education activities give the public meaningful input into every stage of negotiations. As a result of the Protocol Agreement Between the Province and the Union of B.C. Municipalities, signed in September 1994, municipal representatives form an active part of regional treaty negotiation teams. By providing advice to provincial negotiators, they ensure that the interests of their communities are fully represented. The Treaty Negotiations Advisory Committee (TNAC) which represents major industries, business, labour, environmental, recreational and other groups, is regularly updated on the progress of talks. Regional advisory committees also have direct access to negotiating teams before and during negotiations.
The Benefits and Costs
A cost-sharing agreement between Canada and B.C. sets out how costs will be shared. Canada will contribute most of the cash component of treaty settlements while the province's main contribution will be Crown land and/or resources. A 1999 study by management consultants Grant Thornton finds that the benefits of treaty settlements in B.C. will outweigh the costs. It is estimated that completing treaties will bring a net financial benefit of between $3.8 and $4.7 billion to B.C. in the next 40 years. In addition, treaties will end economic uncertainty caused by unsettled land claims that has cost the province investment opportunities.
In the Meantime
We need to make sure that 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 arrangements will be made to protect and balance the Province's interests in lands and resources with those of First Nations until settlements are reached. They can also ensure that First Nations have the opportunity to benefit from resource development in their area. In other cases, First Nations may acquire more control over the provision of certain social programs than they have had in the past. Interim measures agreements do not replace or limit the scope of treaties, but they can help build positive, cooperative relationships and make long-lasting and affordable treaties easier to achieve.
For further information on this, or other topics, contact:
Communications Branch
Ministry of Aboriginal Affairs
P.O. Box 9100, Stn Prov Govt,
Victoria, B.C. V8W 9B1
Telephone: (250) 356-0330
Fax: (250) 356-2213
Toll-free: 1-800-880-1022
Internet site: http://aaf.gov.bc.ca
August 1999