SELF-GOVERNMENT AND TREATIES

1. SELF-GOVERNMENT AND TREATIES • a principal goal of First Nations is self-determination • regain control of their lives and lands • self-government is key component • different forms of governing being pursued Chapter 13

2. MODELS OF SELF-GOVERNMENT • 1996 Report of the Royal Commission on Aboriginal Peoples (RCAP) acknowledged self-determination as basic right for First Nations • includes self-government • right to govern themselves in way they determine • having a say in how resources in traditional territories are used • derive economic benefit from resources • make improvements in economic, social, and cultural conditions in communities • Cdn Constitution recognizes inherent right to self-government

3. more than one way to self-government • varying needs and circumstances of band • RCAP described 3 different models • Nation Government Model • based on identified group of people with traditional land base, controlling local governance of their territories • would have a constitution stating beliefs, values, areas of responsibilities, and who can be a citizen • jurisdiction over lands and responsibility for its members • Land as important issue and usually basis for identity of group

4. 2. Public Government Model • all people who live in certain region (not just First Nations) • authority over everyone within boundaries • incorporates First Nations cultural values and practices throughout its jurisdiction • example: Nunavut – band and local municipal governments merge

5. 3. Community of Interest Model • more limited type of government • used where people come from different First Nations groups but have common needs and interests • join voluntarily for specific responsibilities rather than all-encompassing government • land is less of an issue • diverse backgrounds, multiple traditional territories • suit those in cities not usually having access to self-government • two groups as vanguard of making self-government happen • Sechelt Indian Band – unique form of local government • Nisga’a Nation – Nisga’a Lisims Government

6. THE TREATY PROCESS • for over 125 years, First Nations people seeking treaties to recognize title and lands • first step was Constitution Act 1982 • recognized and affirmed “existing Aboriginal and treaty rights” • 1986, federal government agreed to negotiate treaties under existing policies • BC still not recognize Aboriginal rights or treaties • 1989 BC finally agreed to deal with Aboriginal issues • formed Ministry of Aboriginal Affairs • now Ministry of Community, Aboriginal, and Women’s Services

7. BC Treaty Commission (BCTC) formed in 1992 • agreement between federal government, BC government and First Nations Summit (members represent majority of First Nations in BC) • 1993, BC government and Summit approved treaty negotiations • 1995 federal government officially recognized BCTC

8. Tripartite (3 party) meetings held • representatives from federal government, BC government, and First Nations • discuss what will be included in final treaty • a First Nation is a group which representing an Aboriginal group within their traditional territory and has the approval of its constituents to negotiate • Summit group is an umbrella group bringing all nations participating in negotiations together • treaty negotiations are government-to-government • 3 types of First Nations governing bodies • traditional governance based on hereditary leadership or traditional system • individual band established under Indian Act • tribal councils – bands together within traditional territories of on First Nation • most common • negotiations involve hundreds of meetings among the representatives of the 3 parties

9. Creating a Treaty: Steps and Process

10. THE CREATION OF THE NISGA’A LISIMS GOVERNMENT • never gave up struggle for sovereignty of own land • took over 115 years to achieve • finally saw self-government in 2000 • long journey and many obstacles • Frank Calder ran in provincial election 1949 • President of Nisga’a Land Committee • Nisga’a land claims to court in 1976 (Calder Case) • under federal comprehensive claims policy • negotiations took nearly 25 years

11. stayed outside of BC Treaty Commission in 1990s • making progress on own treaty • had opposition from public and some Nisga’a people – giving up too much • widely supported by most Nisga’a people and passed through BC government, federal government and Senate • royal assent 2000 • first modern day treaty in BC • first treaty since Treaty 8 in 1899

12. what did they gain? • primarily self-government • full control of a portion of their traditional territories • 2,019 square km • financial compensation for the rest of their lands • cash settlement - $196.1 million to be paid out over 15 years • other features • $37.5 million paid for lost revenues from forest resources • support for initiatives in managing fisheries and forestry resources

14. ALTERNATIVES TO THE TREATY PROCESS • some nations not joined in treaty process or opted out • looking for other options in reaching settlements • Interior Nations Alliance composed of 6 nations • collectively support each other in developing alternative process that would not involve extinguishing Aboriginal title for reduced treaty rights

15. DIRECT ACTION • throughout history protested peacefully and with dignity • attempted to meet with politicians on nation-to-nation basis • however, anger and frustration with the persistent struggle has resulted in some groups taking direct action • usually in form of blockading a road or access route • public demonstration by blockading logging road, public highway or railway track • resolve of all members of the community demonstrates undying commitment

16. Native Youth Movement emerged as strong militant voice for land claims and other issues • developed in Vancouver in 1990s by young urban Aboriginals • 1997 occupation of the BCTC offices • 30 Aboriginal youth spent 2 days and a night in the office, protesting lack of representation by youth in treaty process • supported Secwepemc Nation in protest at Sun Peaks ski resort helping to protect Aboriginal title

17. THE 2002 PROVINCIAL REFERENDUM • 2001 Liberal government promised to hold referendum on treaty negotiation process • not supported by First Nations • referendum cost $9 million and put treaty process on hold • First Nations organizations rejected idea of referendum and wording of questions put to public • Hupacasath Nation filed motion before Supreme Court of BC to have language of referendum declared unconstitutional • court dismissed the case

18. less than 36% of the voting population responded • First Nations organizations actively boycotted the referendum • despite low voter response, Premier Gordon Campbell called referendum a milestone in treaty-making in BC • of voters who sent in ballots, majority in favour of province’s questions • government said this was an overwhelming support for its statements of principles for conducting treaty negotiations • ?? but do these results truly represent the majority ??