B.C. Aboriginal Relations Minister John Rustad signs agreement in principle with five Vancouver Island First Nations April 9. It establishes land and cash settlement

Treaty cash cow may dry up

Some B.C. Treaty Commission negotiations are making slow progress, while others have seen little or no movement

VICTORIA – The B.C. Treaty Commission and its federal and provincial financiers put on a brave show last week, celebrating a “milestone” in negotiations for a modern treaty with five Vancouver Island First Nations.

A regional group representing the Songhees, Beecher Bay, T’Souke, Malahat and Snaw-Naw-As (Nanoose) First Nations have reached the “agreement in principle” stage of negotiations with Canada and B.C., after 20 years of treaty talks.

This is similar to the treaty finalized in 2007 with another five-member Vancouver Island group called Maa-Nulth Nations. The Te’mexw Treaty Association agreed to accept 1,565 hectares of provincial Crown land and $142 million in federal cash to settle its historic aboriginal title.

Alas, agreement in principle is but the fourth of sixth stages. Now a platoon of lawyers takes over from the roomful of negotiators to produce the final legal text. It will be years before this treaty can be presented to the B.C. legislature and the House of Commons in Ottawa, if it ever is.

These elaborate ceremonies will never be viewed the same again after the release of federal treaty advisor Doug Eyford’s report last month. The Te’mexw event seemed to have an extra urgency after Eyford’s observation that much of this costly activity has become a job creation program for those involved.

These Vancouver Island communities deserve credit for setting aside their own territorial disputes. It’s more than most have done. Eyford concluded after a long summer of meetings last year that many treaty negotiation teams in this province and across the country show no such inclination.

In B.C. and elsewhere in Canada, there is a “conspicuous lack of urgency in negotiations” and “sharp divisions” between parties, most of which have been at the table for a decade or more, Eyford found.

This is what has come to be known as the “aboriginal industry,” where lawyers and consultants have a seemingly endless supply of lucrative work, much of it of questionable value. For some aboriginal participants, attending treaty meetings year after year is the best paying job they have ever had.

Indeed, a common feature of the province’s dealings with aboriginal communities is that their leaders demand meetings, and then demand to be paid to attend them.

This latest Vancouver Island treaty, assuming it is ever finalized, would at least in part replace the Douglas Treaties, signed by B.C.’s colonial governor James Douglas in the 1850s.

These treaties around Fort Victoria were quickly concluded if nothing else. The Beecher Bay Band was paid 45 pounds, 10 shillings for most of Sooke and another 43 pounds and change for its Metchosin territory.

One of the biggest missing pieces in the latest agreement in principle is the share of federally-regulated fisheries. This has been a theme of B.C. Treaty Commission reports in recent years, as Ottawa holds up treaties for years because it is unable or unwilling to offer shares of salmon in particular.

Hunting and fishing rights are acknowledged even in historic treaties, and reaffirmed by the Charter of Rights and Freedoms. Sharing these rights while maintaining conservation of fish stocks has been more than Ottawa, and in some cases neighbouring aboriginal communities, have been able to manage.

Eyford’s findings, and the B.C. government’s sudden refusal to keep staffing a B.C. Treaty Commission that shows so little progress, have sent one overdue message.

If participants aren’t prepared to make real compromises and show a willingness to conclude agreements rather than drag them out, they should leave and come back when they are ready to do so.

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

Just Posted

Repen: FOI data proves Telkwans being ripped off by ICBC

Former Telkwa mayor received a response from ICBC and says the results don’t look good for residents

Fires still burning near Telegraph Creek

BC Wildfire Service assures residents of a proactive plan heading into wildfire season

Northwest entrepreneurs pitch their plans for cash prizes

ThriveNorth announces 12 finalists in this year’s business challenge

Gas prices spike in northern B.C. ahead of the long weekend

Fuel went up 17 cents overnight in Prince Rupert

Cyclist braking stigma on addiction from coast to coast

Mathew Fee aims at world record for longest distance on BMX bike while sharing his story of recovery

Homeless activists outside Notre Dame demand ‘a roof too’

Wealthy people have donated millions to effort to rebuild cathedral after devastating fire

PHOTOS: Green Party Leader Elizabeth May says ‘I do’ on Earth Day

May and John Kidder got married Monday morning in Victoria

Fire forces 36 people at Vanderhoof care home to evacuate

No one was hurt after the fire at Stuart Nechako Manor

Sri Lanka invokes war-time military powers after nearly 300 killed in Easter bombings

Sri Lanka’s minister of tourism says 39 foreign tourists were killed in the Easter Sunday attacks

B.C. Interior yoga studio raises $2,500 for woman leaving abusive relationship

The 100 Mile House studio held a fundraiser yoga class and accepted donations from members to help the woman

Deadly synthetic drug found in Kamloops that puts users in ‘zombielike’ state

Interior Health warning says substance causes ‘speedy, trippy-like symptoms’ and hallucinations

Trudeau to be portrayed on ‘Simpsons’ episode

Toronto journalist who’s posted videos of himself doing impressions of the PM voiced him for the show

Elizabeth May’s wedding dress a ‘walk through a garden’ on Earth Day

Green Party leader set to get married in Victoria

Bodies of 3 mountain climbers recovered after last week’s Banff avalanche

The men disappeared while attempting to climb the east face of Howse Peak in the Icefields Parkway

Most Read