British Columbia Treaty Process facts for kids
The British Columbia Treaty Process (BCTP) is a way for the government of British Columbia and Canada to work with First Nations to solve old problems. These problems include land claims and indigenous rights that were never officially settled. This process started in 1993.
Three treaties have been completed through this process. The Nisgaʼa Treaty is special because its talks began even before the BCTP started. It's seen as a guide for how the current process works. The First Nations Summit was created to help First Nations in these talks. About 60% of First Nations groups in BC are part of the process, but only 20% are making fast progress. About 40% of First Nations are not involved in the treaty process at all.
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Why Are Treaties Important?
Understanding Past Agreements
Long ago, the Royal Proclamation of 1763 said that the Crown (the government) had to make agreements, called treaties, with Indigenous peoples. This had to happen before land could be used by settlers. This led to many Numbered Treaties being signed in places like the Canadian Prairies.
However, the government of the Colony of British Columbia didn't sign many treaties. Because of this, most of the land in BC is not covered by old treaties. There are a few exceptions, like the 14 Douglas Treaties on Vancouver Island and Treaty 8 (signed in 1899) in Northeast BC. The 2000 Nisgaʼa Final Agreement is another important one.
Recognizing Aboriginal Rights
Over time, the relationship between Indigenous peoples and the BC government became difficult. Laws like the Indian Act made it hard for First Nations to organize or raise money to claim their lands.
In the second half of the 1900s, First Nations pushed for their Aboriginal title to be recognized. Aboriginal title means the original right of Indigenous peoples to their lands. Important court decisions in BC, like Calder v British Columbia (AG) and R v Sparrow, helped support these claims.
In 1990, the governments of Canada and BC, along with First Nations, created the B.C. Claims Task Force. This group looked into how treaty talks could begin and what they should cover. The next year, the provincial government agreed to recognize Aboriginal rights, including the right of First Nations to govern themselves. The Task Force suggested a six-stage process for new treaties.
How the Treaty Process Works
The British Columbia Treaty Commission
The British Columbia Treaty Commission is an independent group that manages the treaty process. Treaty commissioners were first chosen in April 1993. The treaty process officially began in December 1993. By 1996, 47 First Nations were taking part. This included over 60% of status Indians in BC.
After a few years, the Treaty Commission said that governments needed to give more money and support to First Nations. This would help them negotiate treaties better.
Key Court Decisions and Agreements
In 1998, the Supreme Court of Canada made a big decision in Delgamuukw v British Columbia. The court said that Aboriginal title is "a right to the land itself." This right comes from First Nations living on and owning the land before the Crown took control. The court also said that governments can sometimes affect Aboriginal title, but they must pay fair compensation.
The Sechelt First Nation was the first group to sign an agreement-in-principle (AIP) in 1999. An AIP is a major step in the treaty process. The Sliammon First Nation (Tlaʼamin First Nation) first rejected their AIP in 2001 but approved it in 2003. Their final agreement became law in 2016.
Some groups have also rejected agreements. Six of 12 groups in the Nuu-chah-nulth Tribal Council rejected their AIP. However, five Maa-nulth First Nations ratified their treaty in 2007.
In 2002, the BC government held a referendum (a public vote) on treaty principles. But it failed due to disagreements about how it was set up.
Funding and Progress
Since 1993, the Treaty Commission has given about $432 million to First Nations for negotiations. Most of this money ($345.6 million) was in the form of loans, and some ($86.4 million) were grants.
In 2007, the Tsawwassen First Nation voted to approve their treaty. This treaty more than doubled the size of their reserve. It also provided money for things like economic development and services. In return, the Tsawwassen gave up other land claims and will eventually pay taxes.
A court ruling in 2007 for the Xeni Gwetʼin First Nation raised questions about the treaty process. The judge suggested that the Xeni Gwetʼin could prove Aboriginal title to half of the Nemaiah Valley. This ruling, and a later one in 2015 (Tsilhqotʼin Nation v British Columbia), showed that First Nations could prove title to their lands in court.
Despite these court cases, the BC Treaty Process continues. More than half of all First Nations in BC are still working through the stages. As of 2016, four Nations had completed and were putting their treaties into action. Seven were in Stage 5, and 42 were in Stage 4.
The Six Stages of the Treaty Process
The treaty process is a six-stage negotiation. It involves the federal government, the provincial government, and First Nations. Both governments provide money to First Nations to help them with the talks.
The British Columbia Treaty Commission accepts First Nations into the process. It also gives out money for negotiations and checks on how the talks are going.
Here are the six stages:
- Stage 1: A First Nation says they want to negotiate.
- Stage 2: The First Nation gets ready for talks.
- Stage 3: Everyone agrees on a framework (a basic plan) for the negotiations.
- Stage 4: They negotiate an agreement in principle (a detailed plan).
- Stage 5: They negotiate to finish the final treaty.
- Stage 6: The treaty is put into action.
Concerns About the Process
Many people have shared their concerns about the BC Treaty Process. These concerns come from Indigenous communities and others. About two-thirds of First Nations are not part of the process. Some have created the "Unity Protocol," asking for the whole process to be changed.
Main concerns include:
- The idea of "extinguishment" of Aboriginal title. This means giving up Aboriginal title in exchange for treaty rights.
- Worries that the process continues old ways of trying to make Indigenous peoples fit into non-Indigenous society.
- Concerns about changing First Nations from self-governing nations into local governments, like municipalities.
Experts have also looked at why the treaty process takes so long. They have suggested ways to make it better. Many reports point to a lack of commitment from governments. They also highlight the burden of loans that First Nations have to take out. These loans help them pay for their part in the long negotiation process.
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