Landmark Tsawwassen and Maa-Nulth Treaties
The British Columbia treaty process reached an historic milestone with the passage of the Tsawwassen First Nation treaty and the Maa-Nulth First Nation treaty in the legislature. These treaties create templates which will inevitably impact North Shore residents at some time in the future. Our local Squamish Nation and Tseil Watuth (Burrard Band) are not yet engaged in the treaty process (chiefs shown in accompanying photograph).


The Tsawwassen First Nation, located south of Vancouver, adjacent to the municipality of Delta, entered treaty negotiations in 1993 and initialed a Final Agreement with B.C. and Canada in December 2006.

In July of this year, Tsawwassen band members voted 70 per cent in favour of ratifying the Final Agreement, which provides the band with approximately 724 hectares of treaty settlement land and a cash transfer of $13.9 million over 10 years. The treaty now goes to the Parliament of Canada for ratification, which is expected to occur.

The Tsawwassen Treaty encompasses land in the vicinity of the BC Ferries Terminal and the adjacent Roberts Bank commodities port, immediately north of Point Roberts and the U.S. border.

Significantly, the Tsawwassen people will now pay taxes like other Canadians – although in this case, to their own government. The Ministry of Aboriginal Relations and Reconciliation describes the final agreement in these terms:

The agreement includes a land package of approximately 724 hectares, including 372 hectares of former provincial Crown land, 290 hectares of Indian reserve land, together forming the Tsawwassen treaty settlement lands ("Tsawwassen Lands") over which Tsawwassen First Nation will have jurisdiction and 62 hectares of additional lands that will remain under the jurisdiction of the Corporation of Delta.

When the treaty comes into effect, Tsawwassen will own their land in fee simple and there will be no more Indian reserves.

The Final Agreement sets out law-making authorities that Tsawwassen may exercise on their lands. It will also allow the Tsawwassen government to become a member of the Greater Vancouver Regional District and appoint a director to sit on the GVRD board.
The second milestone agreement involves aboriginal peoples living on the West Coast of Vancouver Island. In November of this year, Bill 45 titled “Maa-Nulth First Nations Final Agreement” was introduced to the Legislature. This proposed treaty encompasses five different First Nations living in traditional areas which may be described approximately as follows:
  • The Huu-ay-aht who live south of Bamfield
  • The Ka:’yu:’k’t’h’/Che:k’tles7et’h’ who live in an area surrounding Kyuquot Sound
  • The Toquaht Nation who live in an area surrounding Toquart Bay
  • The Uchuckesaht who live in an area facing Barclay Sound
  • The Ucluelet who live in areas northwest of Alberni Inlet
Put another way, if you circumnavigated Vancouver Island in a counter-clockwise direction, you would pass, on your port bow, traditional Maa-Nulth territory all the way from Brooks Peninsula south to Barkley Sound at the mouth of the Alberni Canal.

These two sets of treaty documents and agreements create an impressive pile of paper. Final agreement documents given to MLA’s constitute several hundred pages, encompassing a list of topics including:
  • Lands
  • Title
  • Subsurface rights
  • Access
  • Crown corridors and roads
  • Water
  • Forest Resources
  • Fisheries
  • Wildlife
  • Migratory Birds
  • Governance
  • Regional government
  • Indian Act transition
  • Capital transfers and loan repayment
  • Resource revenue sharing
  • Fiscal relations
  • Taxation
  • Artifacts, heritage sites and place names
  • Culture and heritage
  • Environmental assessment and protection
  • Federal parks and protected areas
  • Provincial protected areas
  • Dispute resolution
  • First Nations Eligibility and enrollment
  • Implementation, and
  • Ratification
To reach agreement in principle, to reach consensus support from a majority of the members of different aboriginal bands, to gain agreement from members of the provincial legislature, and to gain agreement for the Parliament of Canada on such a long list of items, is no small achievement.

Six down, about 150 to go. There is a lot of unfinished business for British Columbia and our First Nations, but these treaties demonstrate how the world may evolve.

Interestingly, the two North Shore First Nations are not involved in the treaty negotiation process. Leadership of the Squamish First Nations – whose reserve lands dominate the Park Royal Shopping Centre area and our beloved “doggy walk” at Ambleside Beach, as well as two other reserve areas in North Vancouver outside this riding – seem less interested in negotiating their tax status than in enhancing the economic development, education and social opportunities for their people. Similarly, leadership of the Tseil Watuth Nation (sometimes known as the Burrard Band) whose reserve lands stretch along the waterfront east of the Ironworkers Bridge in North Vancouver, have a similar agenda, and are engaged in upscale waterfront condominium development.

Is there a lot going on with First Nations in our communities? There certainly is. And not all of it relates to treaty making.

 

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