Here is the Statement sent to Affiliates, Labour Councils, etc. by the BC Federation of Labour.

A Message to the People of British Columbia.

Only fair and honorable treaties with BC's First Nations can provide the reconciliation, the social justice and the economic opportunity our province so desperately seeks.

In communities across BC, treaties will make for good business, good relationships and good opportunities. Every finalized treaty will lead to greater economic certainty for British Columbia. Treaties will open the door to investors who have avoided our province due to continued uncertainty over lands and resources.

Time and again, the highest courts in this country have confirmed that negotiating treaties is the best and most effective way to resolve the land question in British Columbia.

Regrettably, the referendum now under way in this province is a step back from the treaty process. It will postpone the day of reconciliation, not hasten it.

Why?

First of all, it is wrong to use the referendum process on questions of fundamental rights. Secondly, the questions in the treaty process are ambiguous and misleading. It is likely that voters with opposing views on certain aspects of the treaty process will vote the same way on some questions, rendering the result worthless. This undermines the integrity of the referendum process. Finally, the referendum debate is likely to produce confusion and division in our province, postponing the conclusion of treaties and extending the economic and social uncertainty we face in the absence of treaties.

For all these reasons, we the undersigned respectfully recommend to our fellow British Columbians to abstain from participation in this referendum. By your abstention, you will demonstrate your commitment to reconciliation with First Nations, your support for the treaty process and your respect for democracy.

Questions and Answers

The Treaty Referendum: Why abstention is the best option

Why is a referendum a bad idea?

· The moral and legal rights of one group (First Nations) should not be determined by a majority. This is especially true when we are talking about constitutionally protected rights.

· First Nations have inherent rights that have been recognized and affirmed in the Constitution Act as well as in numerous court rulings up to the Supreme Court of Canada. The First Nations' preferred approach to resolving issues is through negotiation or litigation, not confrontation.

· The referendum is confusing and cannot provide meaningful direction to the province, but it can create division and tension, stall the treaty process and intensify existing economic instability.

· The issues the treaty process must address have largely been laid down in law, as have 19 commitments made by Canada, BC and First Nations as the foundation of the process. The BC Treaty Commission has warned that "those will not change, referendum or no referendum." If the BC government seeks to revise fundamental principles "there could be irreparable damage to the negotiation process."

Isn't the treaty process in crisis?

No, but it is at a turning point. In a review released last year, the BC Treaty Commission made this assessment:

Achievements of the treaty process

· Road blockades, confrontation and court cases have been replaced by negotiation.

· A formal province-wide process exists to address major common issues.

· 42 First Nations have advanced to agreement-in-principle since 1993; 12 offers have been exchanged on key issues; seven First Nations are at earlier stages. By contrast, the entire Nisga'a process took 23 years and the Yukon process 21 years.

· In the last 18 months more than 60 interim agreements have been signed on forestry, fisheries, land use and planning.

· A majority of British Columbians tell pollsters they support the treaty process.

Why the delays and cost?

· There are many more First Nations negotiating treaties than was anticipated - negotiators are overloaded.

· The Supreme Court of Canada's Delgamuukw decision in 1997 forced all parties to reeconsider their approach when it confirmed the existence of aboriginal title as a right to the land itself.

· Negotiations have been virtually suspended since the run-up to the federal election in 2000 and further slowed by the anticipated BC referendum.

What's needed to move forward?

· The BC Treaty Commission has assessed the first eight years of negotiation and developed five key proposals to move the process forward, including more interim agreements, intensified talks and other measures. They can be reviewed on the Commission's website at www.bctreaty.net in a comprehensive report called Looking Back, Looking Forward.

· Business, labour and community leaders agree that a referendum will not move treaties forward, but could irreparably harm the treaty process.

Isn't Gordon Campbell delivering on his election commitment?

· Campbell promised to "give all British Columbians a say on the principles that should guide BC's approach to treaty negotiations through a one-time, province-wide referendum." But the referendum questions are contradictory and touch on areas that are outside the provincial government's jurisdiction. There is no meaningful way for British Columbians to "have a say" through this process.

· The government has backed down on other commitments - including ones not to tear up contracts or to cut health and education.

· Premier Campbell said he supports resolution of treaties, but has cut spending on negotiations by 36 percent over three years. The number of treaty negotiators was cut by 41 percent.

· Sixty percent of those attending hearings of a Legislative Committee on the matter recommended that the referendum be scrapped. (Michael Smyth, Vancouver Province, March 14, 2002)

· Attorney General Geoff Plant personally edited the referendum questions to expand the cabinet's latitude to determine the final negotiating position. The final say will always rest with the provincial cabinet.

Why not spoil my ballot?

A spoiled ballot would be counted as a "rejected ballot" by Elections BC.

As Elections BC points out, "the outcome of the vote for each question is based on a threshold of 50 percent plus 1 of the validly cast votes for that question (total Yes and No votes). As rejected votes are not considered to be "validly cast", they are not included in the determination of the outcome of the vote for each question. Rejected votes lower the percentage of total ballots cast required for a question to pass or fail. " (emphasis added)

In other words, spoiled ballots actually make it easier for the referendum questions to pass.

Example:

If 100 voters cast votes for a question, and none of the votes are rejected, then the outcome of the vote for each question will be determined by 51 votes, and at least 51 percent of the votes. If 100 voters cast votes for a question, and 50 percent of the votes are rejected, then the outcome of the vote for each question will be determined by only 26 votes.

Why not vote no?

Several of the questions are so ambiguous they could be answered either way.

· For example, the first question asks voters to say "yes" or "no" to the statement "Private property should not be expropriated for treaty settlements." In fact, private property has never been on the table in treaty talks, so a yes answer seems appropriate. On the other hand, would it not make sense to expropriate private property on a sacred site if that resolved a treaty? We do that to build bridges, why not to build treaties? In that sense, a no answer is best.

· Likewise, the referendum proposes the principle that "Aboriginal self-government should have the characteristics of local government, with powers delegated from Canada and British Columbia." Aboriginal people might argue for a "no" position, believing that aboriginal governments can only arise from the pre-existing laws and institutions of aboriginal peoples and can not be created by statute. Those who oppose treaty settlements of any sort would also vote no, on the basis that they oppose the "creation of a new level of government." Two diametrically-opposed perspectives could produce the same referendum answer.

What should I do with my ballot? Abstain from the referendum process

· Throw your ballot away or Contact your local church, band office or labour council to see if unused ballots are being collected as part of a local or regional effort to show solidarity with First Nations and support for the Treaty process.