Treaty Process

February-March 2000

This is an article from WaveLength Magazine, available in print in North America and globally on the web.

by Alan Wilson

WaveLength recently posed a few questions regarding the BC First Nations Treaty Process directly to BC Minister of Aboriginal Affairs, Dale Lovick.

WL: Can you explain in broad terms why the province has entered the Treaty Process with First Nations?

"BC is unique in Canada in that we didn't sign treaties with the vast majority of our First Nations peoples. Therefore the issue of unresolved land claims remains hugely important.

"The absence of certainty on the landbase is increasingly perceived as a problem and an impediment to economic development.

"Broadly speaking there are three reasons to conclude treaties:

(1) to discharge legal obligations

(2) the economic imperative (some economists argue that the province is losing $1 billion in investment due to uncertainty)

(3) and finally, it's the right thing to do.

"The treaty process is an opportunity to do something about a dreadful part of our past and build a base of respect, understanding and appreciation for our two cultures in BC, which ultimately will benefit all of us."

WL: Where are we in the Process?

"We are at a crossroads. While the existing treaty process has worked well over the past six years, we are now seeing signs of unrest, dissatisfaction and frustration.

"Some First Nations are arguing that the process is not going fast enough, and they see resources in their traditional territories being depleted and exploited as they negotiate.

"We agree this is not acceptable and the government has taken major steps to ensure resources don't disappear in the interim. These include significant "Interim Measures" to (a) protect the landbase and resources and (b) to provide economic opportunities for First Nations engaged in treaties.

"For example, some 93 million cubic metres of wood is tied up in 'log arounds', to avoid lands under discussion.

"But there are many pressures and much impatience. Many First Nations regard recent court decisions (Delgamuuk'w, Marshall) as supporting their arguments that Aboriginal Title exists and they have rights to their traditional territories.

"The BC government is arguing that First Nations must prove title through the treaty negotiations.

"Another problem with the treaty process, ironically, is that it's been too successful! When it was set up in 1993, the government didn't foresee the high level of First Nations response. 70% of First Nations in BC have opted into the Treaty Process, stretching government resources to the maximum.

"Forty First Nations are at Stage Four of the process, engaged in serious negotiations for an Agreement in Principle, and close to the agreement.

"Meanwhile, the province is facing economic difficulties which is putting additional strains on this process, but the BC Cabinet is still very supportive.

"BC has reached a bit of a breakthrough in negotiations with the federal government regarding interim measures. Until recently, BC was covering the full cost of these measures (set aside lands, provincial licenses and assistance for First Nations). Now the BC and Fed. government will share these costs 50/50, which doubles the ability to provide interim measures. The moneys involved are still relatively small, $20 million on the BC side, so they have to be handled judiciously.

WL: Where do we go from here?

"I remain optimistic, but not naive. I have no illusions that it will be easy. There is some controversy around the concept of 'extinguishment of Aboriginal Title'. While some First Nations representatives have characterized the negotiations with the provincial government as extinguishment, the government is trying to assert the "certainty model" of the Nisga'a agreement.

"I have hopes that withinthe next year we could have another two to three Agreements In Principle in place. I am hoping we'll reach a deal in Sechelt soon.

"There were several First Nations which were close to agreement but they've come under enormous pressure from other First Nations not to settle for a per cent of traditional territories, but to shift to a model of co-jurisdiction or co-management over their entire territorial claim. The province sees this as problematic since many overlapping territorial claims exist.

"I'm optimistic that at the end of the day we'll successfully reach fair agreements which will benefit the whole province. But it's going to take real courage and leadership by First Nations representatives-just like it took tremendous leadership by the Nisga'a people to conclude their historic agreement."

Check out the BC Ministry of Aboriginal Affairs website at www.aaf.gov.bc.ca