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Yale First Nation Treaty Agreement

Treaties, Agreements, Aboriginal Rights! A place to post useful information regarding treaty talks and ongoing treaty issues. Modern-Day Treaties and First Nations and Tribal Historic Treaty Issues, as well as Agreements to Advance First Nations interests
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Yale First Nation Treaty Agreement

Postby admin » Fri Feb 05, 2010 12:24 pm

Yale Final Agreement intialled by negotiators . . .
February 5th, 2010

"This agreement gives us our life, our freedom and confirms our
land. The certainty it brings provides a solid economic foundation upon
which to build for future generations of Yale members." Yale First Nation Chief Robert Hope
Image
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(From L-R, Federal Chief Negotiator Bill Dymond, Yale First Nation Chief Robert Hope, and B.C. Minister of Aboriginal Relations and Reconciliation George Abbott, celebrate today’s initialling of the Yale First Nation Final Agreement in Yale.)


"The Yale people have been in the Fraser Canyon for more than 9,000
years leading up to this moment," said Yale First Nation Chief Robert
Hope. "This agreement gives us our life, our freedom and confirms our
land. The certainty it brings provides a solid economic foundation upon
which to build for future generations of Yale members."

"Initialling this agreement demonstrates Canada's commitment to find
common solutions through negotiation," said Minister Strahl. "It also
shows the B.C. Treaty process is producing results. Yale First Nation
will have the tools and authority to take control of its future, to
build a healthy, prosperous and strong community, and to contribute to
a stronger Canada."

The Final Agreement contains provisions for self-government, financial
and land transfers. The land component will consist of approximately
1,966 hectares of Treaty Settlement Lands, made up of 217 hectares of
former Indian reserves and 1,749 hectares of Crown lands owned in fee
simple. In addition to this, approximately 21 hectares of provincial
Crown land that is currently designated as Agricultural Land Reserve,
will be transferred to Yale First Nation as Yale First Nation Land.
This designation will not change except in accordance with the
province's Agricultural Land Commission Act.

In addition, Yale First Nation will receive a capital transfer of $10.7
million and economic development funding of $2.2 million. The treaty
provides mineral rights, forestry and domestic fish resources, as well
as gathering and harvesting rights, within a context spelled out in the
treaty. Yale First Nation's access to commercial fishing opportunities
for Fraser River sockeye and pink salmon are outside of treaty in a
separate Harvest Agreement.

"Today's announcement, the latest in a series of significant agreements
negotiated recently with First Nations in B.C., is a celebration of the
spirit of the New Relationship," said Aboriginal Relations and
Reconciliation Minister George Abbott. "This treaty will be the
foundation upon which Yale members can realize self-government and
economic certainty, and will help to close the social and economic gaps
between Yale and their non-Aboriginal neighbours. I congratulate Chief
Hope for his commitment to negotiations and his vision for a brighter
future for his community."

Through self-government, treaty First Nations realize the means to make
decisions about matters that affect them, such as health, education and
child welfare. Self-government may also include the ability of
Aboriginal governments to raise revenues (e.g., fees and taxation), to
manage lands and resources on lands, and to negotiate with other
governments on such matters as joint service delivery and economic
development.

As part of the negotiation process, agreements are initialled by chief
negotiators and then voted on by eligible First Nation members to
ratify. Once ratified, the Final Agreement will be introduced as
legislation in the provincial and federal parliaments.

Yale First Nation entered the BC treaty process in April 1994. In March
2006, Yale First Nation and the governments of British Columbia and
Canada signed an Agreement-in-Principle, laying the foundation for
final agreement negotiations. Yale First Nation has approximately 150
members. Their traditional territory and reserve land are located
within the Fraser Valley Regional District just north of Hope.

For more information about Yale First Nation and treaties in B.C. and
Canada, please visit these websites:
http://www.ainc-inac.gc.ca.
http://www.gov.bc.ca/arr.

-30-

A backgrounder follows.

Contact:

Jim Wild
Yale First Nation Communications
778 846-6326

Maria Wilkie
Ministry of Aboriginal Relations and Reconciliation\
Director of Communications
250 886-9055 (cell)

Media Relations
Indian and Northern Affairs Canada
819 953-1160

BACKGROUNDER

For Immediate Release

Feb. 5, 2010
Ministry of Aboriginal Relations and Reconciliation
Yale First Nation
Indian and Northern Affairs Canada

YALE FIRST NATION FINAL AGREEMENT

Chief Negotiators for Canada, British Columbia and Yale First Nation
have initialled a Final Agreement, an important step towards a treaty.
A Final Agreement will bring certainty with respect to Yale First
Nation's Aboriginal rights including title, and resources, and will
provide economic benefits to the First Nation and the Fraser Canyon
region.

Eligible members of Yale First Nation now have the opportunity to vote
to ratify the Final Agreement. If passed, B.C., and then Canada, will
begin their respective approval processes. Once it is ratified by all
three parties, the next step would be signing followed by
implementation of the treaty.

Final Agreement Financing
The Final Agreement provides Yale First Nation with a capital transfer
of $10.7 million on Effective Date, less any outstanding negotiation
loans, and economic development funding of $2.2 million. Programs and
services related to social development, education, local programs and
services, physical works, and a community development officer will be
supported by approximately $0.7 million in on-going annual funding
including British Columbia's annual contribution of $125,000. A
combination of $0.9 million in one-time funding and approximately
$0.6 million in on-going annual funding will be provided to support
incremental implementation and governance activities such as lands and
resource management, governance and treaty management, fisheries
management, culture and heritage management, and migratory birds
management. Yale First Nation will contribute to the funding of agreed-
upon programs and services from its own sources of revenue.

Land
With respect to provincial laws, Yale First Nation Land, also referred
to as Treaty Settlement Land, will be treated as private land. Under
the treaty, Yale First Nation will own in fee simple approximately
1,966 hectares of treaty lands, made up of 217 hectares of former
Indian reserves and 1,749 hectares of Crown lands. The Final Agreement
will include ownership of sub-surface resources on or under Yale First
Nation Land.

Approximately 21 hectares of the provincial Crown land to be
transferred to the First Nation as Treaty Settlement Lands is currently
designated as part of the Agricultural Land Reserve; this designation
will not change.

Fishery
Under the treaty, Yale First Nation will have the right to harvest fish
and aquatic plants for food, social and ceremonial (FSC) purposes. This
right will be exercised within defined geographic areas as described in
the Final Agreement. The Final Agreement provides for Yale First Nation
treaty allocations of sockeye, pink, coho, chinook and chum salmon for
FSC purposes. The Harvest Agreement, separate from the Final Agreement,
will provide for commercial fishing licences (sockeye and pink salmon)
to be issued by the Department of Fisheries and Oceans Canada to Yale
First Nation. The federal and provincial governments retain authority
to manage and conserve fish, aquatic plants and fish habitat, according
to their respective jurisdictions. The terms and conditions of
commercial licences issued to Yale First Nation will be comparable to
those for licences issued to other commercial harvesters.

Access
With some exceptions, public access to, occupation of, and trespass on
Yale First Nation Lands becomes subject to the same rights, obligations
and limitations as other private lands. Yale First Nation will allow
reasonable public access to Frozen Lakes Land for temporary
recreational uses and temporary non-commercial purposes, including
reasonable opportunities for the public to hunt and fish.

Wildlife and Plant Harvesting
Under the Final Agreement, Yale First Nation will have the right to
harvest wildlife and migratory birds and to gather plants for their own
use. Yale First Nation will have law-making authority to regulate their
members' harvest of wildlife and migratory birds. Overall management
of these activities remains the responsibility of the provincial or
federal minister. Within the terms set out in the Final Agreement, Yale
First Nation members do not need to have federal or provincial
licences, or to pay any fees or royalties to harvest wildlife,
migratory birds or plants.

Culture
The treaty ensures that Yale has the right to continue practicing its
culture, including use of its language and developing laws that
preserve its history and promote its feasts and ceremonies.

This includes Yale First Nation history, feasts, ceremonies, naming
practices, symbols, stories, songs, and dances. It also includes the
conservation, protection, and design and management of heritage sites,
as well as the ability to make similar laws respecting Yale First
Nation Artifacts owned by Yale First Nation.

Forestry
Yale First Nation will own all forest resources on Yale First Nation
Land. As a treaty First Nation, the Yale Government may make laws
respecting forest resources and practices on their land.

Yale First Nation
Yale First Nation has approximately 150 members. Their traditional
territory and 217 hectares of reserve land is located within the Fraser
Valley Regional District (FVRD) north of Hope. Yale First Nation
entered the treaty process in April 1994. In March 2006,
representatives from Yale First Nation, B.C. and Canada signed an
Agreement-in-Principle, laying the foundation for Final Agreement
negotiations.

Treaties
Some of the issues typically discussed as part of treaty negotiations
will fall within the scope of provincial responsibilities while others,
such as the salmon fishery and Indian reserve lands, are the
responsibility of the federal government. The treaty negotiation
process in this province was developed to provide a framework for
treaty negotiations among First Nations, and the governments of British
Columbia and Canada. The treaty process is managed by the British
Columbia Treaty Commission (BCTC), an independent, neutral body that
helps facilitate negotiations among the three negotiating parties.

The B.C. treaty process has been in place since 1992 and is open to all
First Nations in the province on a voluntary basis. It is up to First
Nations to decide how they organize themselves for the purposes of
treaty negotiations. At some tables there is a single First Nation
represented, while at others there may be two or more.

The treaty process consists of six stages as follows:
* Stage 1 - Statement of intent to negotiate
* Stage 2 - Readiness to negotiate
* Stage 3 - Negotiation of a framework agreement
* Stage 4 - Negotiation of an Agreement in Principle
* Stage 5 - Negotiation to finalize a Final Agreement or treaty
* Stage 6 - Implementation of the treaty

In addition to improving the quality of life for Aboriginal people,
treaties stimulate investment, create jobs and expand economic
opportunities throughout the province.

Fact sheets and a summary of the Yale First Nation Final Agreement are
available online at:
http://www.gov.bc.ca/arr and http://www.ainc-inac.gc.ca.

-30-

Media Contacts:

Jim Wild
Yale First Nation Communications
778 846-6326 (cell)

Maria Wilkie
Ministry of Aboriginal Relations and Reconciliation
Director of Communications
250 886-9055 (cell)

Media Relations
Indian and Northern Affairs Canada
819 953-1160

For more information on government services or to subscribe to the
Province's news feeds using RSS, visit the Province's website at
http://www.gov.bc.ca.
admin
Site Admin
 
Posts: 6535
Joined: Tue Jul 23, 2002 11:33 am
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