Treaty Process: First Nations Negotiator

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 spoke to Dan Smith, Chief Negotiator for the Kwagiulth Laich-Kwil-Tach First Nations.

"The public, as well as both Federal and Provincial governments, recognize that First Nations peoples occupied North America for thousands of years, lived in organized communities, and were subject to what could be called Aboriginal Common Law, much like British Common Law.

"Our Big Houses are like the Parliament Buildings. They are where we engage in the formal transfer of lands, title, marriage, etc. Although our records were largely oral, they are no less real.

"We are the owners of the land. Aboriginal lands were never ceded, sold or surrended.

"How did Canada and British Columbia get jurisdiction over our people, lands and resources? The answer is that the Government of Canada assumed responsibility for First Nations in 1867 under the British North American Act, and specifically in 1876 under the Indian Act-which was intended to create assimilation into the dominant society. The Act specifies 37 ways in which First Nations people could lose their status and give up their Aborginal Rights. And this Act is still in place today.

"BC got its jurisdiction over First Nations by joining Confederation with the rest of Canada in 1871.

"Both levels of government recognize the legitimacy of Aboriginal Title and Rights which are enshrined in the Canadian Constitution of 1982 (section 35.1). To my knowledge, Canada is the only country in the world which recognizes Aboriginal Rights in the Constitution.

"After all this time, the government and the public want to make things right, to finally see social justice for First Nations people.

"Most First Nations communities suffer from 70-90% unemployment. The downturn in the resource sector has hurt us badly.

"Treaties will provide certainty so we can all get on with our lives, and so First Nations will become significant contributors to the economy, with benefits spreading to native and non-native communities.

"For example, in Campbell River, First Nations own the Discovery Harbour Shopping Centre, providing nearly 900 jobs to non-aboriginal people, as compared with 100 jobs for aboriginals.

"We recognize the value of joint ventures with non-natives.

"But the government is not negotiating fairly. They continue to sell, trade and lease crown lands which we claim. We're not saying that business should stop, but we are saying that we need good faith on all sides in the negotiations.

"The Interim Measures promised by the government have been very slow in developing. The recent Treaty Related Measures concluded with both federal and provincial governments offer some hope.

"I am optimistic that Treaties will be reached so long as the political will remains. In the past, we've undertaken roadblocks, logging, etc. to demonstrate our position, but we don't want to alienate the non-native population. Our Chiefs tell us to strengthen the circle of cooperation with our native and non-native brothers and sisters.

"The provincial government likes to point out that First Nations represent only 3 to 5% of the total population, so they tend to favour a land settlement model which emphasizes cash over land, a few tens of thousands of dollars per capita and just a few percent of traditional territories.

"But the pre-contact economy was based on land and resources. We don't think cash will ever do it.

"The Chiefs would of course like 100% of our traditional lands but we agreed in 1992 when we entered this process that private lands weren't on the table, so we know this won't happen. What the final agreements will look like is hard to say, but they will probably include some mix of cash compensation and land settlement.

"Recently First Nations formed the First Nations Treaty Negotiation Alliance, a technical working group to compare notes and negotiate 'common areas' which have become accepted principles in Regional Negotiations.

"My guess is that Agreements will be reached within 3 to 5 years, as long as the political will remains."                                               

Dan Smith can be reached at the offices of the Kwakiutl First Nations Treaty Society in Campbell River. Phone: 250-287-9460. Toll Free: 1-888-900-5720. Website: http://www.island.net/~klntssoc/. Email: klntssoc@island.net