Treaty process in British Columbia still faces challenges

While there have been a couple of major successes, when it comes to negotiating treaty settlements in B. C. there are still a number of challenges ahead for the B. C. Treaty Commission.

The Commission released is annual report on Tuesday and the changing dynamic of relations between First nations and government was high among the issues that they explored.

The Daily News featured details from that report on their front page in Thursday’s paper.

TREATY SUCCESS IS STILL FAR FROM A DONE DEAL IN B. C.

Treaty commission says time is right to look at other options
By Leanne Ritchie
The Daily News
Thursday, December 06, 2007

Pages one and two

Despite recent breakthroughs, the treaty process still faces major challenges, according to the B.C. Treaty Commission.

"The successful ratifications in Tsawwassen and Maa-Nuulth are taking place against a backdrop of growing provincial, national and international unrest surrounding the rights of indigenous peoples," the commission said in its annual report, released Tuesday.

"Many [B.C.] First Nations are a long way from achieving their idea of 'true reconciliation.' No one can be complacent. There remains much work to be done despite the progress."
Of the 58 nations negotiating, only 20 are "making progress" notes the report.

Of the remaining 38 nations, the commission says 14 are "struggling due to significant differences in positions" and 24 are "doing very little or nothing at all at the treaty table."
The Commissioner for the B. C. Treaty Commission suggested now us the time to look at different formats for negotiation, including a common table.

The common table would allow the parties to negotiate and develop options for the treaty issues that many First Nations say are preventing progress in treaty negotiations. Specifically, they want changes to certainty provisions, constitutional status of treaty lands, governance, co-management throughout traditional territories, fiscal relations and taxation, and fisheries.

The Treaty Commission said it would be prepared to convene and facilitate a high-level, common table for those First Nations with a shared interest in negotiating specific treaty chapters.

In the Northwest, most nations are in the early stages of treaty negotiations, following the dissolution of the Tsimshian Tribal Council more than a year ago.

The newly organized Tsimsian Nation, which includes the Giga’at of Hartley Bay, Metlakatla, Kitselas, Kitsumkalum and Kitasoo. Xaixai from the Prince Rupert and Terrace areas, are working on an agreement in principle. This is considered stage four of the six stage process and includes laying out the basic elements of a treaty.

Meanwhile the Allied Tribes of Lax Kw’alaams, who are currently waiting on the results of litigation from the B. C. Supreme Court on fisheries rights, are at Stage 2, having declared their readiness to negotiate independently.

The Council of the Haida Nation is also at this stage.

Meanwhile, First Nations across the province issued a declaration affirming Aboriginal Title to their respective traditional territories across British Columbia earlier this week. The declaration entitled “All Our Relations”, celebrates the victory of the Tsilhqot’in and Xeni Gwet’in peoples near Williams Lake in last week’s important BC Supreme Court decision in Tsilhqot’in Nation v BC.

In late November, B. C. Supreme Court Justice David Vickers awarded the Xeni Gwet’in title to half the 400,000 hectares they claimed west of Williams Lake in the Nemiah Valley.

Vickers also ruled that the province had no power over the Xeni Gwet’in lands, which means the band has greater control over logging, mining and exploration on its lands.