Snuneymuxw/Nanaimo First Nation's
Strategic Treaty Offer

January 16, 2000
HIGHLIGHTS --- Summary of the Treaty Offer
This is an offer for a fair and lasting treaty settlement. The offer reflects negotiations to date with the federal and provincial negotiators based on the input and mandate from members of the Snuneymuxw First Nation . It also takes into account from non-First Nation citizens and stakeholders within Snuneymuxw Territory. The offer is without prejudice and is not legally binding.
The Snuneymuxw First Nation has legal claims that are likely worth hundreds of millions of dollars. The claims relate to lands and resources that were wrongfully taken. prior to the arrival of Europeans, the Snuneymuxw owned and managed nearly 300,000 acres of Territory and resources. the lands and resources were never legitimately purchased from Snuneymuxw.
Instead of going to court under Delgamuukw the first Nation has comitted to try to resolve these issues through treaty negotiations in a way that guarantees a better future for its members but also accomodates other citizens and governments that are now in their territory. If treaty negotiations fail, the Snuneymuxw will be forced into the courts where local citizens and governments will have no input into the process.
ELEMENTS OF THE OFFER
LAND
*No citizens will be evicted or have their land expropriated to settle the treaty.
*The Snuneymuxw Settlement Lands will include enough land to meet the community, cultural and economic development of future generations of Snuneymuxw.
*The Snuneymuxw will continue to share 91% (453,00 acres) of its territory with non-First Nation citizens. Snuneymuxw will retain exclusive ownership of 9% (18, 750 hectares or 46,00 acres).
*The Snuneymuxw lands will total 4,300 hectares (10,600 acres) of Crown lands including:Mount Benson, Gabriola Island (woodlot,petroglyph sites, and other Crown lands), and federal DND lands.
*The Snuneymuxw lands will include approximately 14,450 hectares(35,600 acres) of private lands from willing sellers. Negotiations are under way.
*Snuneymuxw will have reversion rights to crown lands that become available in the future.
*The treaty will provide for Snuneymuxw to purchase additional lands in the future and make them part of Snuneymuxw treaty settlement lands.
PROTECTION OF CULTURAL AND SACRED SITES
*Snuneymuxw will work with land-owners and governments to establish special management zones for important cultural and sacred sites outside of treaty settlement land.
*Snuneymuxw and government negotiators will explore options with willing land-owners to purchase key sites or provide incentives for voluntary protection of sites.
WATER
*Snuneymuxw will have rights to a portion of the available water in the Nanaimo River Watershed subject to salmon spawning requirements.
FISH AND WILDLIFE
*Snuneymuxw will retain its hunting and fishing rights but will agree to exercise them in a way that ensures conservation.
*Snuneymuxw will work with local residents and government agencies to share harvest data, manage fish and wildlife populations and protect habitat.
RESOURCES AND ROYALTY SHARING
*Snuneymuxw will have rights to at least 150,00 cubic metres of AAC in forestry and will manage the forests to the highest cultural and environmental sustainability standards.
*Snuneymuxw will own all forest, mineral, gas and other resources on or under Snuneymuxw lands.
*Snuneymuxw will have a right to a share of the royalties, taxes or stumpage for resources taken from Snuneymuxw territory.
PARKS
* Snuneymuxw will agree to keeping specified parks public including Newcastle Island.
*Snuneymuxw will have shared title and management over parks including Newcastle.
GOVERNANCE
*Snuneymuxw agrees to exercise its right of self-government within the Canadian Constitution.
*Snuneymuxw will have governance authority over a wide range of subject areas necessary to protect the lands, resources, culture, health and future of the Snuneymuxw.
*The Snuneymuxw government will be accountable based on a constitution approved by its members.
Non-Snuneymuxw citizens will have input into decisions that significantly and directly affect them.
*The Treaty will provide sufficient funding to bring Snuneymuxw health, education and infrastructure up to national standards and to ensure effective program and service delivery.
*the Treaty will clearly set out the areas where Snuneymuxw laws take precedence over the laws of other governments and what happens in the event of conflicts.
TAXATION
*Snuneymuxw has already contributed billions of dollars worth of lands and resources to the local and provincial economy. Snuneymuxw will retain its tax exemption.
CERTAINTY AND PREDICTABILITY
*Snuneymuxw remains committed to a treaty that creates certainty and predictability so that rights, responsibilities and jurisdiction are clearly defined and coordinated and there is a stable climate for business investment and economic development.
*Snuneymuxw rejects the Nisga'a model which extinguishes aboriginals rights and title.
*The Treaty will confirm and clarify the Douglas Treaty and Snuneymuxw aboriginal rights and title.
*Snuneymuxw will agree not to fully exercise or enforce aspects of their rights and title provided the governments live up to their committments in the treaty.
RELATIONSHIPS WITH LOCAL GOVERNMENTS
*Snuneymuxw will agree to harmonized land-use planning and zoning with the city, RDN and Islands Trust provided the local governments agree to cooperate.
LOCAL INPUT INTO NEGOTIATIONS
*Snuneymuxw remains committed to ensuring public input into treaty negotiations.
*Snuneymuxw has arranged or attended more than 60 public meetings relating to treaty negotiations in the past three years.
*Snuneymuxw requested governments ensure a public question-and-answer session at the end of each main table negotiations and the governments eventually agreed.
NEXT STEPS
*Complete negotiations with private land-owners who are willing to sell their lands.
*Seek more input from Snuneymuxw members and the general public and try to complete Agreement-in-Principle negotiations.
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