Status of First Nations treaties in British Columbia facts for kids

For a long time, there haven't been many treaties between the First Nations of British Columbia (BC) and the Canadian government. This has become a big issue lately. Back in 1763, the British Crown (the government at the time) said that only they could buy land from First Nations through special agreements called treaties.

In British Columbia's history, only two main treaties were signed. The first was the Douglas Treaties. These were made by Sir James Douglas with First Nations on southern Vancouver Island between 1850 and 1854. The second was Treaty 8, signed in 1899. This was part of a group of agreements called the Numbered Treaties that covered many areas across Canada. In BC, the First Nations who signed Treaty 8 live in the Peace River Country in the far northeast.

For more than 90 years after that, no new treaties were signed in BC. Many First Nations wanted to make agreements, but the BC government didn't agree until the 1990s. A big change happened in 1997. The Supreme Court of Canada decided in a case called Delgamuukw v. British Columbia that First Nations still had rights to their traditional lands in BC. This meant the government had to talk to and possibly pay First Nations if their rights were affected by decisions about Crown land (government-owned land).

History of Treaties in BC

Traditional land of the Tsawwassen First Nation. They gained ownership of 724 hectares (about 2.8 square miles) in their 2009 treaty.

In 1991, a report suggested creating a special group to help with treaties in BC. When Canada became a country in 1867, the British Crown gave Canada the power to make treaties with First Nations. So, only the Canadian federal government can officially sign treaties.

However, in 1992, a new group called the British Columbia Treaty Commission (BCTP) was created. It included the BC provincial government, the Canadian government, and First Nations. This was a special agreement among them.

By 2009, 60 First Nations were involved in the BC treaty process. Some groups worked together, so there were 49 sets of talks happening. A few treaties were finished between 1992 and 2009. These included the Maa-nulth First Nations Treaty and the Tsawwassen First Nation Treaty, both signed in April 2009. Another important treaty, the Nisga'a Treaty, was completed in 1999 outside of this main process.

The Treaty Commission also helped First Nations with money for their negotiations. From 1993 to 2009, about $432 million was given out. Most of this was in the form of loans, with some as contributions.

Sir James Douglas, governor of the Colony of Vancouver Island, signed the Douglas Treaties with First Nations from 1850 to 1854.

Not everyone agrees about the treaty talks. Some people in British Columbia are against them. Also, many First Nations people feel the current process isn't good enough and have refused to join. In 2002, the BC Liberal Party sent out ballots for a province-wide vote on treaty principles. This caused protests and a boycott. Because of the boycott and people not caring much, only about one-third of voters took part. Still, 80% of those who voted said "Yes" to continuing the treaty process.

A court decision on November 21, 2007, caused problems for the treaty process. A judge ruled that the Xeni Gwet'in First Nation could prove they owned half of the Nemaiah Valley. The judge said the province had no power over these lands. In the BC treaty process, First Nations usually get recognized for only about 5% of the land they claim.

Grand Chief Stewart Phillip, who leads the Union of British Columbia Indian Chiefs, called this court win a "nail in the coffin" for the BC treaty process. His group doesn't support the current process. He asked, "Why would any First Nation agree to a treaty for less than five percent of their land when the Xeni Gwet'in got 50 percent?"

Even with the Xeni Gwet'in ruling, many First Nations in BC are still working through the treaty process. They are moving through the six stages to finally get their treaties. While Chief Stewart Phillip thought First Nations might slow down or leave, it's actually the Canadian government that is holding up many treaties.

How Treaties Are Negotiated

In 1992, the Treaty Commission and the treaty process were set up by agreement among Canada, British Columbia, and the First Nations Summit. The Treaty Commission created a system where treaties would follow six stages to be successfully negotiated.

Stone mask of Nisga'a people (18th-early 19th century). The Nisga'a Treaty became law on May 11, 2000.

First Nation Treaty Status

See also

• British Columbia Treaty Process
• British Columbia Aboriginal treaty referendum, 2002
• List of First Nations governments in British Columbia
• The Canadian Crown and Aboriginal peoples
• Royal Proclamation of 1763