Federal Treaty Negotiation Office
PO Box 11576
2700-650 West Georgia Street
Vancouver, BC V6B 4N8
Tel: (604) 775-7114 FAX: (604) 775-7149
Tel: 1-800-665-9320
Treaty News is published by the Federal Treaty Negotiations Office. It is
distributed to organizations and individuals interested in the progress of
treaty negotiations in British Columbia. Readers are invited to reprint
articles from Treaty News in other publications.
The Federal Treaty Negotiations Office of the Department of Indian Affairs
and Northern Development represents all federal departments, agencies and
the people of Canada in treaty negotiations with First Nations in British
Columbia.
Editor: Jonathan Rayner (604) 775-8144
Aussi disponible en francais
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Vol 2 NO.1 APRIL 1995TREATY NEWS
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page 1:
FEDERAL TREATY NEGOTIATION OFFICE
Inside This Issue:
* Recognizing Diversity
* Communities Have A Say
* Interest Papers Highlight Priorities
* BC Wildlife Federation
* Reader Survey
CHIEF FEDERAL NEGOTIATORS NAMED
The last issue of Treaty News profiled Chief Federal Negotiators Robin
Dodson, John Langford and Tom Molloy. Recently, the Federal Treaty
Negotiation Office appointed two new Chief Federal Negotiators.
Pauline LaMothe previously held the position of regional head of the
Prairie Region for the Customs arm of Revenue Canada where she was
responsible for consulting with stakeholders including First Nations.
Prior to that, she worked with the Correctional Service of Canada as a
psychologist and manager. She has experience in many aspects of crisis
resolution and program development.
LaMothe will head up negotiations with the Kaska-Dena, Taku River Tlingit,
Tsawwassen, and the Tsey Keh Dene and will share a number of negotiations
with Tom Molloy.
Tim Koepke is the Chief Federal Negotiator for the Council for Yukon
Indians' Comprehensive Land Claim. He has been involved with the
Champagne-Aishihik band land claim, which spans the B.C. and Yukon border.
Koepke is a B.C. and Canada Lands Surveyor and a registered professional
engineer in B.C., Yukon and Northwest Territories. He worked in the
Underhill Group of Consulting Engineers and Land Surveyors for more than 25
years, giving him extensive experience in the area of land and resource
development projects. He has been working on the Yukon land claim
negotiations since 1987.
page 2:
RECOGNIZING DIVERSITY
=====================
A repeatedly expressed concern is that land claim settlements will be
racially based. The following is a portion of a recent Vancouver Sun
article (March 3, 1995), written by Thomas R. Berger in response to this
concern.
Thomas R. Berger, Q.C., was counsel for the Nisga'a Tribal Council in the
Calder case in 1973. The former Supreme Court Justice headed the Mackenzie
Valley Pipeline Inquiry, a royal commission dealing with Indian and Inuit
health-care programs and the Alaska Native Review Commission. He was also
instrumental in including aboriginal rights in the Canadian Constitution.
Some say land claims are racially based. Other minorities do not have land
claims. Why Indians? Why should there be a special place for the Indians
in the Constitution - for the Constitution has recognized and affirmed
aboriginal rights since 1982 - and in the life of the nation? No such
provision was made for the Ukrainians, the Italians or any other ethnic
group or nationality. Opponents of a treaty have alleged that a settlement
will give Natives special rights and privileges solely because of their
race, and that such a policy is itself racist.
But the Native people did not immigrate to Canada as individuals or
families who expected to be assimilated. Immigrants, on the other hand,
chose to come to Canada and to submit to the nation's laws and
institutions; their choices were individual choices. The Native peoples
were already here: they were forced to submit to the laws and institutions
of the dominant White (European) society, and forced to give up their land
and resources.It is not the Indians' fault that when the Europeans came
here the Indians were all of one race.Their communities are joined by
culture, tradition, and language. But they are still distinct peoples in
our midsts, with rights enforceable under the Constitution.
If the will to achieve settlement wavers under the attacks upon the treaty
process by its opponents, and the majority is silent, that silence will
leave the Nisga'a and other First Nations as politically isolated as their
impoverished reserves.
The land claims settlements made in Quebec in the 1970s, in the Northewest
Territories in the 1980s, and in the Yukon in the 1990s, had the support of
all parties in the federal Parliament.The issue now is one that should
attract the support of all parties in the B.C. legislature. Of course, any
proposed settlement must be closely studied, closely scrutinized. The
legislature must approve of all the settlements reached in the Northwest
Territories and the Yukon. And any settlement, when it is reached, must be
the subject of open and vigorous debate before it is ratified.
But this is not the occasion for turning our backs on our own history, for
spurious arguments that can only undermine the prospect of good relations
between aboriginal and non-aboriginal peoples.It is an opportunity to do
what our legal tradition and our best instincts tell us to do.
====================
page 3:
COMMUNITIES HAVE A SAY
======================
Get involved and be informed. That's the message from the federal and
provincial governments in the treaty negotiation process. They want to
ensure those with regional interests in treaty making have a chance to
speak out. Throughout the province, Regional Advisory Committees (RAC) are
being set up to give communities that opportunity. They are a way for
community members to work together and advise federal and provincial
negotiatiors of the treaty issues important to the region. RACs also help
people understand the whole package of issues involved in making treaties.
Sechelt and Smithers are two communties with active RACs. Representatives
from different sectors have organized themselves into groups intent on
discussing how treaty settlements will affect their communities. The
purpose of RACs at the local level is similar to the role of the Treaty
Negotiation Advisory Committee at the provincial level: to ensure the
negotiating parties understand the full range of local interests.
For instance, this is how the RAC in Sechelt was formed. When the Sechelt
Indian Band submitted a Statement of Intent, the provincial and federal
governments had to meet with the band within 45 days, as required by the
B.C. Treaty Commission. During that same time, governments met with
community leaders to inform them about the upcoming negotiations and to
suggest that the community get involved in the process by forming a RAC.
Government representatives then held an open meeting in Sechelt to ask
representatives of local interest groups to organize themselves into a
structured Regional Advisory Committee. Community members decided
cooperatively which regional interests should be represented. At present,
there are 14 members on the Sechelt RAC, providing a balance of local
interests including fishing, local government, forestry, tourism,
recreation and community issues.
Sometimes, one RAC wll be formed for one negotiation table. In other
regions of the province, a single RAC may serve as the advisory group to
negotiators involved in more than one negotiation. The Smithers RAC, for
instance, advises governments negotiating with both the Gitxsan and
Wet'suwet'en.
If treaties are to work, they must be acceptable to the community at large.
The task of RACs throughout B.C. is to bring the issues and advice of
interests and communities likely to be affected by treaty settlements to
the attention of those at the negotiating table.
UPCOMING FORUMS
...............
UBC FORUM
Treaty Making in B.C. - An Examination of the Current Negotiating Process
Saturday, May 6, 1995
UBC Law School
9:00 am to 12:30 pm
Free Admission
UPCOMING TRIPARTITE PUBLIC EDUCATION COMMITTEE FORUMS
April 19 Vancouver
May 3 Campbell River
May 17 Powell River
May 31 Nanaimo
June 14 Kamloops
June 28 Cranbrook
====================
page 4:
INTEREST PAPERS HIGHLIGHT PRIORITIES
====================================
The Treaty Negotiation Advisory Committee (TNAX) monitors the pulse of
B.C.'s economic and enviromental interests. TNAC is made up of
representatives from B.C.'s major organizations with interests in the
treaty-making process.These include environmental, business, labour and
outdoor recreation groups. Established in 1993 by the federal and
provincial governments, TNAC contributes to treaty negotiations by advising
governments about B.C.'s third party interests.
Within TNAC, there are five sectoral groups that meet to discuss common
interests. Each major sectoral group - Wildlife; Lands and Forests;
Energy, Minerals and Petroleum; Governance; Fisheries - has developed
interest papers to highlight its priorities for treaty negotiations.
The sectors all share two goals; access to land and resources once treaties
have been made, and consultation during the treaty-making process.
The following summarizes the interests of two sectoral groups.The other
three will be printed in the next issue of Treaty News.
WILDLIFE
........
* Defines conditions essential to wildlife management that must be
maintained during and after the treaty process. These conditions are:
conservation; protection of endangered, threatened and vulnerable species;
control of disease and parasites; and introduction and transplants of fish
and wildlife.
* States that all three parties should work together, after treaties are
settled, to set aside land to protect wilderness ecosystems and
biodiversity. The principles of designating protected areas should also be
retained through the treaty process, and treaties should not affect access
to or management of existing protected areas.
* States that clear guidelines for protected area jurisdiction, enforcement
and management should be established and local consultation should take
place in treaty negotiations throughout the province.
* The Wildlife sector of TNAC is composed of the BC Wildlife Federation,
the Canadian Parks and Wilderness Society, the B.C. Trappers Association
and the Guide Outfitters Association of B.C., with participation from the
B.C. Environmental Network.
page: 5:
ENERGY, MINERALS AND PETROLEUM
* Lists the basic requirements of the mining industry that apply throughout
the world: political stability, access to land for exploration and
development, and security of mineral title. The industry must have uniform
and consistent regulatory and environmental standards, a competent
workforce and a diverse service sector.
* Recommends that First Nations become part of the existing process to
adminster mining resources after treaties are made. During treaty
negotiations, the current regulatory approval process should be maintained.
* Continues access through claim areas for exploration and development
purposes. Where development of existing claims is denied because of treaty
settlements, fair and timely compensation must be paid to tenure holders.
Existing mines should continue to operate under provincial jurisdiction on
lands covered by interim measures agreements and treaties. There should
also be assured access to water and power sources which may pass through
First Nations lands, and access to provincial resources beyond First
Nations lands.
* States that organizations that lose mineral rights by expropriation
should be compensated quickly and fairly for development costs and lost
income, and costs for retraining and relocating displaced workers.
* States that when treaties are made, the province should determine how
taxes generated from mineral production on First Nations lands will be
distributed. Taxes and royalties collected by a First Nation must not
exceed current provincial rates.
* Members of the Energy, Minerals and Petroleum sectoral advisory committee
are the B.C. and Yukon Chamber of Mines, the Canadian Association of
Petroleum Producers, the Mining Association of B.C. and the United
Steelworkers of America.
page 6:
BC WILDLIFE FEDERATION SUPPORTS TNAC PROCESS
============================================
According to Bill Wimpney, moving all parties forward in treaty
negotiations is not an easy process, but it's worth the effort. Wimpney,
Executive Assistant of the BC Wildlife Federation and member of TNAC, feels
the process has the potential to solve a lot of problems.
The BC Wildlife Federation is an association of 149 fish, game and
conservation clubs. Its mandate is to promote conservation of resources
while maintaining access to these resources for recreational purposes.
The federation got involved in Aboriginal issues after a government policy
paper stated that native groups have the right to hunt at any time on
unoccupied crown land.Wimpney's organization then passed a resolution
that made dealing with First Nations issues a top priority. He became
chair of the federation's Aboriginal affairs committee and, later, its
representative to the wildlife sectoral committee of the TNAC.
Working with the TNAC has been a good thing because it has shown him and
other members that resources are integrated. "You can't do something in
fisheries or logging without it affecting wildlife. It has been a great
opportunity to network with other groups in the resource sector."
Relationships between federation members and some Aboriginal groups have
improved dramatically."Our goals, in many cases, are the same, especially
in the areas of salmon enhancement, conservation and wildlife protection."
He's happy that third parties are involved, but wishes government would let
them see how their recommendations are used. "Our information goes to the
negotiators, and they take that information to the government for
direction. It then gets used during negotiation, but we never know what
it's being used for. We want a bigger role in the final stages of the
process."
Aboriginal groups have legitimate complaints and legitimate needs, says
Wimpney. "It's important to establish fair access to resources by
Aboriginal groups. But there must be equity in the final outcome, so that
all groups live under the same rules, the same laws and the same
limitations. It's no use establishing a situation where the law applies
differently to different groups."
The ideal outcome, to Wimpney, is to establish a system that eliminates
clashes between jurisdictions, where groups can look upon one another as
neighbours rather than as adversaries.
But the BC Wildlife Federation wants access to the actual negotiations.
"Third parties need to have someone representing them during the
negotiation phase," he says. "It's one thing for us to give our honest
recommendations, but we need to be at the table to make sure our concerns
are properly expressed."
The federation communicates with members at conferences and meetings, and
will be setting up a major public information campaign, where Wimpney will
visit every club in the organization to update them on TNAC and on the
negotiations.
====================
====================
page 8:
UPDATE ON NEGOTIATIONS
======================
Three First Nations, the federal government and the province of B.C. have
reached the Framework Agreement stage in the treaty negotiation process.
This outlines the procedures and time frame for future negotiations and
sets out specific issues which will be discussed.
CHAMPAGNE-AISHIHIK FRAMEWORK AGREEMENT: DECEMBER 5, 1994
Negotiations with the Champagne-Aishihik are unique because of their
transboundary land claim. In 1993, they signed the Yukon Final Agreement
which covered their land claim in the Yukon. The First Nation is now
seeking rights within their traditional territory in B.C., which includes
the Tatshensini-Alsek Park.
SECHELT INDIAN BAND FRAMEWORK AGREEMENT: DECEMBER 14, 1994
Preliminary discussions about the agreement established an opennesss
protocol to ensure residents of the Sunshine Coast are kept informed about
the negotiations. This is the first Framework Agreement to be initialled
under the B.C. Treaty Commission treaty-making process.
GITXSAN FRAMEWORK AGREEMENT: MARCH 8, 1995
The negotiators also signed an openness protocol which is intended to allow
public access throughout the process while recognizing the need to conduct
effective negotiations. The three parties also signed a procedures
agreement which sets out detailed procedures to guide Agreement in
Principle negotiations.
These three First Nations will move into Stage 4 (Agreement in Principle
negotiations) of the process once the Framework Agreements have been
ratified by the three parties.
The Wet'suwet'en, Squamish, and the Nuu-chah-nulth Tribal Council are
currently in Framework negotiations.
====================
page 7:
READER SURVEY
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