Aboriginal Title Recognition and Reconciliation Act

[The New Relationship]

First Nations Leadership Council and BC Postpone Aboriginal Title Recognition and Reconciliation Act

For Immediate Release March 14, 2009


Subject: BC First Nation's Leadership Council/Province of British Columbia jointly decide to postpone introduction of the proposed Aboriginal Title Recognition and Reconciliation Act until after the May 12th Provincial Election.


In response to a growing number of questions, concerns and issues being raised by First Nations, Business and Industry Leaders; Minister of Aboriginal Relations and Reconciliation, Mike de Jong and representatives of the BC First Nations Leadership Council have jointly decided to postpone introduction of the proposed 'Recognition and Reconciliation Act until after the Provincial election of May 12th, 2009.

Under the circumstances, it was felt that the decision to postpone the introduction of the proposed legislation was responsible, reasonable and appropriate and will allow for a more comprehensive period of consultations with our respective constituent groups.

To date, we have initiated a substantive dialogue with First Nation's Leaders and in many cases, their respective legal counsels. Similarily, we have entered into a dialogue with Business and Industry Leaders.

This process of ongoing dialogue needs to continue.

Finally, given the 'historical' dimensions and significance of the Aboriginal Title Recognition and Reconciliation legislative proposal, we need, to the greatest extent possible, make this journey together.

Grand Chief Stewart Phillip
President
Union of BC Indian Chiefs

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BC First Nations and the Reconciliation and Recognition Act . . .

NEWS . . .
http://news.google.com/news?=en&q=Briti ... iation+Act

MORE BACKGROUND. . .
http://www.google.com/search?q=British% ... =en&tab=nw

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Joint Statement of the Union of BC Indian Chiefs, BC AFN and the First Nations Summit

Discussion Paper: Instructions for Implementing the New Relationship

March 12, 2009

In 2005, the provincial government and First Nations entered into a positive era of co-operation, called the New Relationship. At the core of this relationship was a commitment to recognize Aboriginal title and rights, to respect each other’s laws and responsibilities, and to reconcile both Aboriginal and Crown titles and jurisdictions.

Since the New Relationship began we have worked honourably, thoughtfully and collaboratively through many issues, mindful and hopeful that we would reach a moment where our rights would be recognized in law.

In the 2009 Speech from the Throne, read by Lieutenant Governor Steven L. Point (Xwě lī qwěl těl), the government promised to introduce recognition and reconciliation legislation that will “further the implementation of the New Relationship” and acknowledge that “Indigenous People have long lived throughout British Columbia and that this fact does not require proof.”

The moment is upon us. In the weeks ahead we expect the government will fulfill its commitment by introducing legislation that recognizes Aboriginal title within our traditional territories and affirms our right to share the benefits and revenues that the resources in these territories can provide.

This is an historic step forward for our people. It represents the culmination of generations of struggle since the day that James Douglas unilaterally declared, 150 years ago, that “all the lands in British Columbia, and all the Mines and Minerals therein, belong to the Crown in fee”.

By moving away from the systemic, institutionalized denial of Aboriginal rights to full recognition of those rights in law, our elders will not have to be dragged into courtrooms to prove our existence or strength of claim. By no longer questioning the strength of our claims, precious time and resources can now be dedicated to the real tasks at hand: creating true independence in our territories; investing in our youth, our communities, and in our future; developing true partnerships between First Nations communities and all British Columbians.

The legislation will also create a greater degree of certainty for business activity in the province. It will provide for more collaborative, structured and, better decision making with regard to planning, management and tenuring decisions over lands and resources. We are confident it will help create lasting, respectful, mutually beneficial relationships throughout our province.

Importantly, the legislation represents an achievement for all British Columbians. While First Nations peoples know that our rights, inherited from our ancestors, are indisputable, we also know that we are all here to stay. We have to create a new path to move forward together. We must act on the opportunities this legislation will provide. As one chapter closes another one opens, and it is up to all of us to make the future brighter than the past.

PDF Copy of Joint Statement available at:
http://www.ubcic.bc.ca/files/PDF/JointS ... 120309.pdf

Discussion Paper: Instructions for Implementing the New Relationship available at:
http://www.ubcic.bc.ca/files/PDF/Discus ... 190209.pdf

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UBCIC Releases Video "Proposed Recognition and Reconciliation Legislation in
BC" on YouTube
May 19, 2009

The Union of BC Indian Chiefs has released the video Proposed Recognition
and Reconciliation Legislation in BC.

The video can be viewed on our website at:
http://www.ubcic.bc.ca/issues/newrelati ... nition.htm

As well, the UBCIC video and the videos of the BC Assembly of First Nations
and First Nations Summit can be found on YouTube channel at:
http://www.youtube.com/user/fnlcouncil

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"We have an opportunity unlike any other in our history.
The Province has been compelled through law and politics to agree to recognition of title.
We must use this opportunity well. " UBCIC
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Proposed Recognition and Reconciliation Legislation Process-to-Date and Next Steps
Open Letter to UBCIC Chiefs Council

July 14, 2009

Dear UBCIC Chiefs Council,

Re: Proposed Recognition and Reconciliation Legislation Process-to-Date and Next Steps

The UBCIC Executive takes this opportunity to provide an update regarding the proposed Recognition and Reconciliation Legislation.

The legislative initiative was a step which the UBCIC, First Nations Summit and BCAFN mandated the FNLC to advance with the Province, designed to compel the Province to implement commitments contained in the New Relationship (2005), including to recognize Aboriginal title and rights, to respect First Nations' laws and responsibilities, to reconcile Aboriginal and Crown titles and jurisdictions, and to close the socio-economic gap through agreements about revenue and benefit sharing.

In February 2009, a "Discussion Paper on Instructions for Implementing the New Relationship" (the "Discussion Paper") was released to generate dialogue on the proposed legislative initiative. A series of regional sessions and community visits to explore the content of the Discussion Paper have been held with First Nations across the Province, and these are continuing.

In many ways, the first several community/Tribal group visits represented a 'test drive' of the original discussion paper. Based on the feedback, it is clear that many concepts expressed in the Discussion Paper are unacceptable. Concerns have been raised, including that 'reconstitution' will interfere with self-determination; that the Indigenous Nation Commission could become another bureaucracy; that there is risk of including Aboriginal title recognition in legislation which also recognizes Crown title in any form; that the nature, scope and substance of the title being recognized will weaken the title recognition within s. 35. We have heard questions raised whether the Province has jurisdiction to pass such legislation, and doubts expressed whether they will implement it. Questions have also been raised about the absence of Canada.

We have also heard expressed the opportunities which title recognition could bring. Consistently we heard the message, "we generally accept and support the concept of the need to achieve recognition, but not in its current form". In other words, not as currently articulated in the original Discussion Paper. The Discussion Paper has done its job, but it has now become an impediment to carrying forward a constructive and productive dialogue.

Consequently, on June 25th, the FNLC made a decision to 'set aside' the discussion paper to provide the space and opportunity to carry on an inclusive and cohesive dialogue. The Recognition Working Group ("RWG"), who had been instructed to develop with the Province language that might serve as detailed instructions to legislative drafters, has been directed to stop that work and not engage in any legislative drafting.

We believe our decision has significantly improved the tone of our dialogue; both politically and legally. When we finalize our Regional and community sessions, we will be in a position to deliver a summary report to the delegates of a Provincial-wide meeting at the end of August.

We welcome the formation of a lawyers' caucus comprised of First Nations' lawyers who wish to participate, who are working together to prepare other options for consideration at the All Chiefs' Assembly this summer.

We are at an important time in answering the land question. We have an opportunity unlike any other in our history. The Province has been compelled through law and politics to agree to recognition of title. We must use this opportunity well. Through recognition legislation or other initiatives, we must now compel the provincial government and every civil servant to act based on recognition and not denial of Aboriginal title. Now it is time to listen to our communities. We believe we will be given clear direction in terms of a 'forward looking' mandate when we next meet.

United we stand; divided we perish. We will work together to identify consensus for the steps we will collectively take together.

Sincerely,

Grand Chief Stewart Phillip
President

Chief Robert Shintah
Vice-President

Chief Robert Chamberlin
Secretary-Treasurer


For more information contact Grand Chief Stewart Phillip at (250) 490-5314

[admin]

It is Dead!

All Chiefs Assembly United in Rejection of Proposed Legislation: The Legislation is Dead

(Coast Salish Traditional Territory/Vancouver, BC - August 28, 2009)

Chiefs and leaders came together this week in a BC All Chiefs Assembly to discuss the proposed Recognition and Reconciliation legislation.

The Assembly unanimously endorsed an action strategy to be implemented by an Indigenous Title Action Group on a provincial, national and international level.

“When we travelled through the province, to the many regional sessions and community meetings, we consistently heard the deep concerns of the potential impacts of the proposed legislation on our Indigenous Title and Rights. Our people and leadership judge the Province not by their words but their continued actions that infringe on their territories and resources. The Province of British Columbia cannot and does not have jurisdiction over our Indigenous Title and Rights and as such the proposed legislation is dead,” said Grand Chief Edward John of the First Nations Summit Task Group.

“The Assembly is calling for an immediate implementation and enforcement of our Indigenous Title and Rights as called for by the United Nations’ Declaration on the Rights of Indigenous Peoples,” said Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs. “Clearly the Premier and his government have not acted honourably through the course of the so-called ‘New Relationship.’ Indigenous communities demand substance not empty platitudes. Rather than breaking down the outdated legal barriers and the archaic colonial attitudes of the bureaucracy, Indigenous communities, such as the Xeni Gwet’in or those of the Common Table, are facing deliberately constructed and illegal denial strategies of their Title and Rights in court and in their negotiations. That must stop.”

“This week’s All Chiefs Assembly has strengthened our unity to work collectively on the outstanding and unresolved title issues of this province. We call on the Province of British Columbia to immediately change its deplorable conduct and fully implement on an honourable basis our Indigenous Title and Rights that are constitutionally recognized and judicially reaffirmed. We have reaffirmed that our Title and Rights are inherited from our ancestral origins as Indigenous Peoples and we recognize our inherit responsibility to bestow our Title and Rights to those unborn,” concluded Chief Nelson Leon, BCAFN spokesperson.

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For more information:
Grand Chief Edward John, FNS, (778) 772-8218
Grand Chief Stewart Phillip, UBCIC, (250) 490-5314
Chief Nelson Leon, BCAFN Spokesperson, (250) 572-5594