Indigenous peoples in Canada |
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The lack of treaties between the First Nations of British Columbia (BC) and the Canadian Crown, is a long-standing problem that became a major issue in the 1990s. In 1763, the British Crown declared that only it could acquire land from First Nations through treaties. [1] Historically, only two treaties were signed with the First Nations of British Columbia. The first of which was the Douglas Treaties, negotiated by Sir James Douglas with the native people of southern Vancouver Island from 1850-1854. [2] The second treaty, Treaty 8 , signed in 1899 was part of the Numbered Treaties that were signed with First Nations across the Prairie regions. [3] British Columbian Treaty 8 signatories are located in the Peace River Country or the far North East of BC. For over nine decades no more treaties were signed with First Nations of BC; many Native people wished to negotiate treaties, but successive BC provincial governments refused until the 1990s. [4] [5] A major development was the 1997 decision of the Supreme Court of Canada in the Delgamuukw v. British Columbia case that Aboriginal title still exists in British Columbia and that when dealing with Crown land, the government must consult with and may have to compensate First Nations whose rights are affected. [6]
In 1991, a Report by the BC Claims Task Force was released recommending a treaty commission be set up. [8] The British Crown passed its authority to negotiate treaties to Canada when it was created in 1867. Even though only the Canadian federal government has the authority to enter into treaties with First Nations [4] in 1992 the newly created British Columbia Treaty Commission (BCTP) and BC Treaty Process included the BC provincial government in the process by agreement among Canada, BC and the First Nations. [8] As of 2009 there are 60 First Nations participating in the BC treaty process. Because some First Nations negotiate at a common table, there are 49 sets of negotiations. [9] From 1992 to 2009 there have been a few treaties completed including the Maa-nulth First Nations Treaty signed on April 9, 2009, [10] and the Tsawwassen First Nation Treaty signed on April 3, 2009. [7] Another Treaty was ratified outside the BC Treaty process in 1999, the Nisga'a Treaty. [11] In May 1993 the Treaty Commission allocated approximately $432 million in negotiation support funding to more than 50 First Nations- $345.6 million in the form of loans and $86.4 million in the form of contributions. [12] Of that money the Treaty Commission's total operating costs from 1993 to March 31, 2009 has spent $34.2 million. [12]
There is considerable disagreement about treaty negotiations; while polls have shown that 25% of British Columbians are opposed to it, [13] a substantial minority of native people consider the current treaty process inadequate and have therefore refused to participate. Tapping into this public sentiment in 2002, the BC Liberal Party mailed out ballots for a provincial British Columbia Aboriginal treaty referendum on principles for treaty negotiations, sparking protests and a boycott. Because of the boycott and general public apathy only about a third of eligible voters took part in the referendum, [14] which passed with 80% of those who responded voting "Yes" to continuing the Treaty Process. [15]
A November 21, 2007 court ruling threatened the Treaty Process. [16] The judge ruled that the Xeni Gwet'in First Nation could demonstrate Aboriginal title to half of the Nemaiah Valley, and that the province had no power over these lands. [17] Under the BC treaty process, negotiating nations have received as little as 5% of their claimed land recognized. Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, member governments of which reject the treaty process and remain outside it, has called the court victory a "nail in the coffin" of the B.C. treaty process. [17] He went on to say, "Why would any First Nation be foolish enough to ratify any [treaty] settlement for less than five per cent of their territory when the Xeni Gwet'in [have] achieved recognition of their title to 50 per cent of their territory?" [17]
Even with the Xeni Gwet'in ruling First Nations across BC are still continuing the Treaty process advancing through the six-stage process to eventual Treaty implementation. While Chief Stewart Phillip had claimed that the First Nations themselves would slow down or leave the treaty process it is the Canadian government who is holding up many of the treaties. [18]
In 1992 the Treaty Commission and the treaty process were established in by agreement among Canada, British Columbia and the First Nations Summit. Through the Treaty Commission a process was reached where treaties would follow a six-stage system to successful negotiation. [19]
Stage number | Stage name | Description | Reference |
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Stage 1 | Statement of Intent to Negotiate | A First Nation submits a statement of intent (SOI) stating, among other things, who is claiming, proof that the negotiating party is supported by the community and where the claim will be made. | [19] |
Stage 2 | Readiness to Negotiate | Within 45 days of submitting the SOI the parties must sit down and show that all parties have the will and resources to negotiate a treaty. | [19] |
Stage 3 | Negotiation of a Framework Agreement | Basically the "table of contents" of a comprehensive treaty. The three parties agree on the subjects to be negotiated and an estimated time frame for stage four agreement-in-principle negotiations. | [19] |
Stage 4 | Negotiation of an Agreement in Principle | The negotiating parties examine in detail the elements outlined in their framework agreement with the goal of solving the all problems and creating a working treaty. | [19] |
Stage 5 | Negotiation to Finalize a Treaty | The treaty for all intents and purposes is finished at this stage. The treaty has to be approved by all parties of the negotiating team. | [19] |
Stage 6 | Implementation of the Treaty | Applying and running the First Nation as set out by the treaty. | [19] |
The In-SHUCK-ch Nation, also known as Lower Lillooet people, are a small First Nations Tribal Council on the lower Lillooet River south of Pemberton-Mount Currie in the Canadian province of British Columbia. The communities of the In-SHUCK-ch are of the St'at'imcets-speaking St'at'imc people, but in recent years seceded from the Lillooet Tribal Council to form their own organization. The name In-SHUCK-ch is taken from Gunsight Peak, a distinctive mountain near the south end of Lillooet Lake.
In Canada, an Indian band or band, sometimes referred to as a First Nation band or simply a First Nation, is the basic unit of government for those peoples subject to the Indian Act. Bands are typically small groups of people: the largest in the country, the Six Nations of the Grand River First Nation had 22,294 members in September 2005, and many have a membership below 100 people. Each First Nation is typically represented by a band council chaired by an elected chief, and sometimes also a hereditary chief. As of 2013, there were 614 bands in Canada. Membership in a band is controlled in one of two ways: for most bands, membership is obtained by becoming listed on the Indian Register maintained by the government. As of 2013, there were 253 First Nations which had their own membership criteria, so that not all status Indians are members of a band.
Yekooche First Nation is based 75 kilometers northwest of Fort St. James, British Columbia at the north end of Stuart Lake on Yekooche reserves. It is known in English as Portage due to its location along the portage route between Babine Lake and Stuart Lake.
The Stone First Nation or Yunesitʼin First Nation is a band government of the Yunesit'in subgroup of the Tsilhqot'in people, whose territory is the Chilcotin District in the western Central Interior region of the Canadian province of British Columbia. It is a member of the Tsilhqot'in Tribal Council. The people of the Stone First Nation are known as the Yunesit'in in the Chilcotin language.
The British Columbia Treaty Process (BCTP) is a land claims negotiation process started in 1993 to resolve outstanding issues, including claims to un-extinguished indigenous rights, with British Columbia's First Nations.
The Kitasoo/Xaixais First Nation, also known as the Kitasoo/Xaixais Nation, is the band government of the First Nations people of Klemtu, British Columbia, Canada. The band comprises two ethnic groups who share an ancient alliance, the Kitasoo, a Tsimshian group, and the Xai'xais, a north-wakashan speaking group. The government is a member of the Oweekeno-Kitasoo-Nuxalk Tribal Council and a member of the Tsimshian First Nations treaty council.
Treaty 8 Tribal Association (T8TA) is an association of six of the eight Peace River Country First Nations bands who are signatories to Treaty 8 in northeastern British Columbia. They have joined in an effort to negotiate with British Columbia and Canada outside the British Columbia Treaty Process.
The Northern Regional Negotiations Table handles treaty negotiations in the British Columbia Treaty Process for a number of First Nations located in the far north of British Columbia and the south of the Yukon Territory in Canada.
The Hamatla Treaty Society handles Treaty negotiations in the BC Treaty Process for a number of First Nations located in the northern Strait of Georgia of British Columbia.
The Te'mexw Treaty Association handles Treaty negotiations in the BC Treaty Process for a number of First Nations located in the northern Strait of Georgia of British Columbia. The members of the association are former signatories of the Douglas Treaties, a group of treaties signed in the 1850s.
The We Wai Kai Nation, also known as the Wewaikai First Nation, the Cape Mudge First Nation and the Cape Mudge Indian Band, is the band government of the We Wai Kai subgroup of the Laich-kwil-tach group of the Kwakwaka'wakw peoples, based on Quadra Island offshore from Campbell River, British Columbia, Canada, which is on the east coast of Vancouver Island at the northern end of the Strait of Georgia. The Laich-kwil-tach include the Wei Wai Kum, who are organized as the Campbell River First Nation, and the Kwiakah Nation, whose traditional territory is in the Discovery Islands to the northeast of that city and on the adjoining mainland coast. All three are part of the Kwakiutl District Council, a tribal council which includes other Kwakwaka'wakw bands farther northwest in the Queen Charlotte Strait region and on northern Vancouver Island.
The Kwiakah First Nation, also known as the Kwiakah Band or Kwiakah Nation, is the band government of the Kwiakah people, a subgroup of the Laich-kwil-tach group of the Kwakwaka'wakw peoples. Their mailing address is in Campbell River, British Columbia, Canada, where most their 19 band members live, although their traditional territory is in the Discovery Islands to the north of that city and their two Indian Reserves are located on the mainland coast adjacent to that archipelago. The band is making an effort to "go back to the land" and re-occupy their traditional sites.
The Ɂakisq̓nuk First Nation, also spelled Akisqnuk First Nation, and formerly known as the Columbia Lake First Nation are a Ktunaxa First Nation in the Kootenays district of the Canadian province of British Columbia. In the British Columbia Treaty Process they are part of the Ktunaxa Nation Council.
The Lower Kootenay First Nation is a First Nation based in the East Kootenay region of British Columbia. In the British Columbia Treaty Process They are part of the Ktunaxa Kinbasket Tribal Council.
ʔaq̓am, also called St. Mary's Indian Band, are a First Nation based in the East Kootenay region of British Columbia. In the British Columbia Treaty Process They are part of the Ktunaxa Kinbasket Tribal Council.
The Tobacco Plains Indian Band are a First Nation based in the East Kootenay region of British Columbia. In the British Columbia Treaty Process They are part of the Ktunaxa Kinbasket Tribal Council.
The Tsartlip First Nation is a First Nation located on the Saanich Peninsula, in Saanich territory on Vancouver Island. They are a member of the Sencot'en Alliance fighting for Native rights. In the 1850s they were signatories to one of the Douglas Treaties.
The Pauquachin First Nation is the band government of the Pauquachin group of North Straits Salish-speaking indigenous peoples. Their reserve communities and traditional territories are located in the Greater Victoria area of Vancouver Island, British Columbia, Canada.
The Aitchelitz First Nation, also known as the Aitchelitz Band, is a First Nations band government of the Sto:lo people, located at Sardis, British Columbia, Canada (Chilliwack). It is a member of the Sto:lo Nation tribal council.
The K'ómoks First Nation, is the Indigenous band government of the Island Comox or K'ómoks people of Vancouver Island, British Columbia, Canada. Closely allied to the Cape Mudge and Campbell River First Nations, historically they were a Coast Salish people since integrated into Kwakwaka'wakw society. Originally part of the Laich-kwil-tach Council of Chiefs, which is a treaty society, they are now negotiating independently in the BC Treaty Process. They remain a member government of the Kwakiutl District Council.
The Nuxalk Nation is not involved in the treaty process.