BC Treaty Commission Sees Lack of Urgency in Negotiations

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VICTORIA, BRITISH COLUMBIA,

Oct 12, 2011

Chief Commissioner Sophie Pierre says no one should be satisfied with the progress being made in treaty negotiations in British Columbia.

British Columbians and Canadians should be asking: Has there been a sufficient return on investment in the BC treaty process given the time and money spent? Has it been worth it?

As we approach the 20th anniversary of the BC treaty process in 2012 it is time to realize a return on the significant investment that has been made to achieve treaties.

"There are hopeful signs in treaty negotiations, but no real sense of urgency by the parties and some disturbing developments," said Pierre at a news conference to release the Treaty Commission's 18th annual report. "Perhaps the next big opportunity to focus on moving treaty negotiations forward will be the 20th anniversary."

The Treaty Commission sees the potential for 16 treaties in the near term. Tsawwassen First Nation and Maa-nulth First Nations have implemented treaties and a third, with Yale First Nation, is expected to be ratified by Parliament this fall. Lheidli T'enneh First Nation and Sliammon First Nation have completed final agreements, but the parties have not yet completed ratification. In-SHUCK-ch First Nation and Yekooche Nation each have issues to resolve but are considered to be close to final agreements.

K'omoks First Nation has completed an agreement in principle and 8 First Nations are close to concluding agreements in principle. Another 26 First Nations are active in treaty negotiations.

"The lack of urgency in treaty negotiations, for which all parties must accept some of the responsibility, remains a concern for the Treaty Commission," said Pierre. "It is disturbing that 19 years into treaty making and we don't know when a final agreement is approved in the federal system so the parties can proceed with ratification; time-limited deals are the priority for the BC government; and there are fewer human and financial resources for treaty negotiations."

Given the emphasis on the economy, British Columbians should know that treaties are an effective way to ensure there is economic growth in all regions of the province. Treaties are an untapped source of economic growth and when a First Nation prospers the whole region prospers.

The Treaty Commission will continue to focus on the catalysts to move treaty negotiations forward:

-- Seeking a 20th anniversary recommitment to the BC treaty process;
-- Promoting the economic benefits of treaties for all British Columbians;
-- Promoting interim measures agreements, including Incremental Treaty
Agreements, that provide benefits to First Nations now, and are directly
linked to treaties;
-- Helping to resolve territorial issues among First Nations; and
-- Helping with human resource capacity development to strengthen and
prepare First Nations for governance after treaty.

About the BC Treaty Commission

The Treaty Commission is the independent body responsible for overseeing treaty negotiations among the governments of Canada, British Columbia and First Nations in BC. It has three roles: facilitation, funding, and public information and education.

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BC Treaty Commission Annual Report 2011

October 13, 2011

Letter from the Chief Commissioner

The state of the economy worldwide has been on everyone’s mind in 2011. The BC government recently unveiled their plan for ensuring the economy remains strong for all British Columbians including First Nations.

The Treaty Commission has been consistent in its view that settling treaties is an effective way to ensure there is economic growth in all regions of the province. In a report we commissioned in 2009, PricewaterhouseCoopers confirmed those economic benefits will accrue to all British Columbians.


Treaties are an untapped source of economic growth and when a First Nation prospers the whole region prospers.

My first annual report was in 2009, at which time I mentioned my concern regarding the lack of progress in treaty negotiations, especially given the growing debt load being carried by First Nations and the fragile state of the economy. In 2010 I asked the Principals to do more, in a concerted effort, to deliver results.

The lack of urgency in treaty negotiations, for which all parties must accept some of the responsibility, remains a concern of the Treaty Commission. Direction is urgently required from the highest level — the Prime Minister, Premier and First Nations Summit Task Group — to shake the status quo.

The 20th anniversary of the BC treaty process occurs next September. It may be the next big opportunity to move treaty negotiations forward. I am asking the Principals to formally recommit to the intent of the BC Treaty Commission Agreement signed in 1992.

My name is on that agreement, an agreement we signed with great expectations. I am certainly not satisfied with the progress that is being made in treaty negotiations. There are hopeful signs, but no real sense of urgency and some disturbing developments.

have asked the Principals for a one year extension to my three-year term which ends in March 2012 because the 20th anniversary has taken on so much more importance. The governments of Canada and BC are considering the request. The First Nations Summit has asked me to consider a second, full term. In 2009 I made a commitment to return to my family and community after three years as chief commissioner. So, with my family’s blessing, I may be around for another year.

Prospects for the coming year provide some hope we can turn this thing around in a meaningful way. Treaty revitalization work being undertaken by senior officials for each of the three Principals is important if we are to see real change and progress in the negotiations. This work includes the reconsideration of the role of the Treaty Commission. I would like to be part of those discussions.

It is clearer to me this year that the parties must move away from entrenched positions and move towards the interests of true reconciliation through fair and timely negotiations.

From the federal government we need clarity as to their mandate and transparency in its delivery. It is expected, and indeed vital, that the parties give clear mandates to their chief negotiators. Once an agreement has been reached that has taken years of work and millions of dollars, there should be no need to subject it to a long, internal review without an explanation to the other parties.

From the provincial government we need to see strong ties between interim measures such as Reconciliation Agreements and Strategic Engagement Agreements and treaty negotiations. While beneficial to First Nation communities, these are timelimited arrangements.

Lasting reconciliation can only be achieved through a treaty, protected in Section 35 of the Constitution. As the Supreme Court has reminded us, Section 35 represents the promise of rights recognition. This promise is realized and the competing claims of the parties are recognized through the process of honourable negotiations.

From the First Nation leaders, we are asking for the same commitment as from the other governments. It is no less challenging for First Nation leaders to maintain a sense of urgency when faced with a long process and delays. There are difficult choices to be made on mandates given the need to improve the quality of life in our communities and escape the limitations of the Indian Act. There are pressing business, development and territorial issues to deal with on a daily basis. There is the growing burden of debt to consider.

The Treaty Commission will continue to be focused on the catalysts to move treaty negotiations forward — the potential economic benefits, interim measures to provide benefits now, resolution of territorial issues among First Nations and capacity building to help prepare for governance under a treaty.

Finally, I must express my deep gratitude to an incredibly hard working team of commissioners and staff. I appreciate their continued dedication and perseverance which is needed to ensure we remain vigilant keepers of the process.

Sincerely,
SOPHIE PIERRE OBC
CHIEF COMMISSIONER

Read the 2011 Annual Report:
http://www.bctreaty.net/files/pdf_docum ... Report.pdf