A brief history of B.C. treaty talks

The slow march to aboriginal title recognition started with Social Credit, and included a referendum still misunderstood today

Former premier Mike Harcourt changed the province's legal position to recognize aboriginal title in the early 1990s

VICTORIA – A few weeks before the landmark decision declaring aboriginal title proven by the Tsilhqot’in Nation, I picked up a used university textbook that looked like a handy reference.

Geography in British Columbia: People and Landscapes in Transition, by Brett McGillivray (UBC Press, Second Edition) is a good reference, except where it strays from geography into politics.

This 2005 edition came out not long before the B.C. Treaty Commission started producing agreements, notably with the Tsawwassen First Nation. It recounts the establishment of the Ministry of Native Affairs by the Bill Vander Zalm government in 1990, and the election the next year of Mike Harcourt’s NDP, who reversed the province’s historical legal position and tried to accept the existence of aboriginal title.

At this point the textbook departs from the facts and leads its freshman pupils into left-wing dogma.

McGillivray writes: “When the Liberal Party won the 2001 election (with all but two seats), it launched a province-wide referendum on treaty negotiations, prompting commentators to suggest the government was ‘trying to impose 19th century ideas on a 21st century problem’.”

“Commentators” in the above quote is of course only one commentator, veteran lefty Vancouver columnist Stephen Hume.

This quote was indeed representative of the media consensus at the time. On TV, aboriginal leaders burned their ballots while denouncing the referendum as racist and divisive. The public, and later university students, were taught that Gordon Campbell’s government was exploiting racism for political gain.

In fact, this referendum was one of a long series of efforts to untangle the legal knot left by Canada and B.C.’s failure to complete historical treaties after 1900.

Seven of the eight questions in the 2002 referendum were simply to confirm the existing position of B.C. treaty negotiators. The purpose, then as now, was to settle treaties.

The first question asked if private land should be exempt from expropriation for treaty settlements. Private property rights are not so much a 19th century idea as a 17th century one, defined in 1690 by John Locke.

What remains true today is that no society has made significant social and environmental progress without individual property rights. See the woeful state of most of Canada’s communally owned aboriginal reserves, where individually owned property isn’t permitted.

When their appeal reached the highest court, the Tsilhqot’in dropped claims of private property held by non-aboriginal residents in the region. This was a wise move considering that pushing people from their homes would lead to violent confrontations.

Other referendum questions related to preserving public access to Crown land for hunting, fishing and park use. All were endorsed.

The only new question asked if aboriginal self-government “should have the characteristics of local government, with powers delegated from Canada and British Columbia.”

Arguably, that’s what has emerged from the Tsilhqot’in case, which upholds provincial jurisdiction over public forest policy on environmental and fire protection on aboriginal title lands.

By 2009, frustrated with a lack of progress, due to Ottawa’s inaction as well as inconsistent leadership from aboriginal communities, the Campbell government tried to cut the knot. Its proposed Recognition Act would have accepted a form of aboriginal title across the province, based on 30 historical “indigenous nations.”

That idea originated not with the province but with the First Nations Leadership Council. It was rejected by a broader group of aboriginal leaders later that year.

The best way forward, also endorsed in the 2002 referendum, is sharing land use planning. B.C. has also begun sharing resource revenues.

The most likely path, however, is back to court for years to come.

Tom Fletcher is legislature reporter and columnist for Black Press. Twitter: @tomfletcherbc

 

Just Posted

Area restrictions rescinded in northwest B.C.

The orders will be rescinded Sept. 19 at noon

Verdun Mountain and Nadina Lake fires 100 per cent contained

Area restriction orders in effect for several fires

Vigil for Jessica Patrick

VIDEOS: Hundreds honour a young mother who lost her life. Jessica Patrick was 18.

Still unclear if Houston will benefit from new opioids crisis funding

Canada’s health minister has recently announced $71.7 million in emergency funding

Houston participant at the BC 55+ Games

This year’s 55+ BC Games (previously the BC Seniors Games) had one… Continue reading

VIDEO: Messages of hope, encouragement line bars of B.C. bridge

WARNING: This story contains references to suicide and may not be appropriate for all audiences.

VIDEO: B.C. deer struggles with life-preserver caught in antlers

Campbell River resident captures entangled deer on camera

Scheer pushes Trudeau to re-start Energy East pipeline talks

Conservative Leader Andrew Scheer questioned the Prime Minister over Trans Mountain project

Mistaken identity: Missing dog claimed in Moose Jaw belongs to another family

Brennen Duncan was reunited with a white Kuvasz that was found in Saskatchewan

Abandoned kitten safe and sound thanks to B.C. homeless man

‘Jay’ found little black-and-white kitten in a carrier next to a dumpster by a Chilliwack pet store

Police chief defends controversial marijuana seizure

Advocates said cannabis was part of an opioid-substitution program in Vancouver’s Downtown Eastside

Trans Mountain completes Burrard Inlet spill exercise

Training required, some work continues on pipeline expansion

Supporters of B.C. man accused of murdering Belgian tourist pack courtoom

Family and friends of Sean McKenzie, 27, filled the gallery for brief court appearance in Chilliwack

Pot, cash, mansions: Judge divvies up illegal estate of divorcing B.C. couple

The Smiths ran a multi-million marijuana operation that spanned three counties

Most Read