SPOTLIGHT ON
ABORIGINAL RIGHTS

April, 2000

Sechelt no Pushover - Community Speaks Out
We Want a Better Deal - A Fair Deal
Walk Away & Go To Court Message

News and Comment
by Tehaliwaskenhas - Bob Kennedy, Oneida

[Summary of this story
EXCLUSIVE TO TURTLE ISLAND NATIVE NETWORK
Some call it a significant sign of more British Columbia treaty turmoil, others say it's merely a healthy debate going on within the Sechelt First Nation on BC's Sunshine Coast. A community consultation process is producing loud and clear messages for the leadership - the governments' treaty offer is disgusting and going back to court may be the only way to level the playing field. The First Nation's reaction to the last offer is that the provincial and federal governments are trying to buy off Sechelt's aboriginal rights - such as tax exemption and gathering rights. However, not everyone is opposed to accepting a settlement now. The internal community debate has caused some friction and some casualties. For example, the First Nation's lawyer of thirty years is said to have resigned recently because of frustration over the situation. ]

April, 2000

Treaty Talk - Time to Walk , the latest episode in - As the Stomach Turns - a BC Treaty Drama (or is that trauma?)

To many government treaty watchers, the friendly Sechelt First Nation, with its local community-style self-government could easily have been expected to be one of the first to sign a modern-day treaty. Offer them some cash and a bit of land, buy off some of their aboriginal rights, such as 'gathering' and tax exempt status, force-feed the Nisga'a template, and presto you've got a settlement.

Wrong! The pendulum has swung, and easy deals are only available in the dreams of government negotiators. Enter the period of nightmares. First Nations, armed with Delgamuukw-affirmed aboriginal rights, and eyes-open leadership are not easily led down the garden path or to the altar for a marriage of convenience.

The Sechelt people, sturdy in their resolve to get compensated for past injustices, without sacrificing anymore of their aboriginal selves, are among those who are delivering the clear message. Grassroots community consultation is producing a resounding - let's go back to court.

It began last October when Sechelt's chief and council started to see the writing on the wall. They had come out of stage four with an agreement-in-principle that they believed moved them ahead and also allowed for good faith negotiations in stage five. That's when the light went on, as they saw government negotiators trying to 'cram final language down their throats'. They also started to see them trying to buy off aboriginal rights. Elders are said to be disgusted that dollars were offered to buy out 'gathering' rights. As well, the province refused to include the sharing of forestry resources as a topic for negotiation.

Although the loss of tax exemption is a thorny issue for any First Nation, not everyone at Sechelt thinks the overall offer of $42 million and 933 hectares should be easily rejected. Some have a real taste for settlement, and so the internal debate is a lively one, producing casualties along the way. Like one of their long time legal representatives, who is said to have resigned out of frustration.

But the so-called silent majority of Sechelt members are talking with their leaders and are demanding representatives who will fight tooth and nail for them, and not roll over, now that governments say they've exhausted their offers.

In Victoria, a top provincial official told me, "We remain committed to negotiating a final agreement with the Sechelt based on the agreement in principle signed on April 16, 1999. Since November 1999, the Sechelt have been reviewing the draft final agreement provisions with their community. When Sechelt notify us they are ready to proceed, we will be at the table to resume negotiations, including the development of options to resolve outstanding issues."

Don't hold your breath. From the First Nation's perspective, there's an obvious impasse. Word out of Sechelt in late March was that a community consultation process was nearing an end and it didn't look as though the First Nation would be rushing back to the treaty table. In fact, community leaders were being told that the only way to level the playing field was in court.

Despite the rumours and rumblings flowing from the 'healthy' internal debate at Sechelt, it's probable that Chief Gary Feschuk will surface with a stronger mandate, one that Victoria and Ottawa ought to pay heed to now.
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March 2000

BC Budget - Bringing Bounce Back to Bargaining

Let's not paint treaty talks with total doom and gloom. Out of the latest provincial budget came a promise to try to invigorate the negotiations. More money was committed to the TRM's, treaty related measures - interim measures aimed at trying to resolve tough issues that First Nations believe are crucial if any progress is likely.

It was a terse announcement, but if you're the least bit of an optimist, like First Nation Summit Grand Chief Ed John, then you'll see some hope in the few words that lay beneath the heading - CERTAINTY THROUGH TREATY NEGOTIATIONS.

Quoted here verbatim from the budget, "A critical part of our strategy to sustain our economic progress, and ensure its benefits are equally shared across our province, is to negotiate modern treaties, bringing greater economic stability and opportunity throughout B.C.

This budget sets aside $5 million, which will be enhanced with Crown land and resources, for the express purpose of reaching agreement on interim measures at the treaty table. These agreements will provide greater economic opportunities for aboriginal communities in the short term. And they will foster good will on all sides, helping to bring the larger negotiations to a more timely conclusion."

It leaves you hungry for more. How much crown land? Is five million dollars enough to really make a dent? Aboriginal Affairs spokesman, Bill Armstrong elaborated for Turtle Island Native Network," During the review process, the First Nations Summit expressed frustration with the length of time it was taking to complete treaties and the need for interim measures to address land and resource issues. B.C. and Canada responded by developing a set of policy tools -- Treaty Related Measures -- that are available to treaty negotiators to move forward specific issues under negotiation. Last fall, the provincial government approved its contribution of $20 million towards a Treaty Related Measures fund, and the hiring of 20 extra staff for the purposes of negotiating Treaty Related Measures.

In keeping with this commitment, Budget 2000 sets aside $5 million in cash, as well as Crown land and resources, for the express purpose of reaching interim agreements at the treaty table, as part of the Treaty Related Measures strategy.In addition to this money, the Ministry of Aboriginal Affairs budget includes $2 million for staff to support the negotiation of Treaty Related Measures.

The exact amount of Crown land and resources isn't known at this time. As stated previously, the cash, land and resources for interim measures is estimated at $20 million per year. The province is discussing the Treaty Related Measures with third-party advisory groups involved in the treaty process. We hope to be in a position to start implementing specific Treaty Related Measures this spring."

But as one First Nation official said, for those like Sechelt who are further along in the treaty process, the TRM's are of no use.

[ Tehalwaskenhas - Bob Kennedy, a member of the Oneida Nation, is the editor of Turtle Island Native Network http://www.turtleisland.org ]