B.C. Indigenous Relations Minister Scott Fraser and Crown-Indigenous Relations Minister Carolyn Bennett speak briefly to the press following Thursday’s discussions with the Wet’suwet’en hereditary chiefs. (Quinn Bender photo)

B.C. Indigenous Relations Minister Scott Fraser and Crown-Indigenous Relations Minister Carolyn Bennett speak briefly to the press following Thursday’s discussions with the Wet’suwet’en hereditary chiefs. (Quinn Bender photo)

EXCLUSIVE: A first look at the Wet’suwet’en land title agreement with B.C., Ottawa

Exclusive and/or shared jurisdiction will be handed over to First Nation houses over time

Black Press Media has obtained a copy of the Memorandum of Understanding (MOU) between Canada, B.C. and the Wet’suwet’en regarding Indigenous rights and title.

The agreement was reached Feb. 29 following several days of discussions in Smithers.

The MOU commits the parties to negotiations through an agreed-upon unnamed mediator. It asserts exclusive, in some cases and in other cases shared jurisdiction over lands will be transferred to the Wet’suwet’en over time.

Canada and B.C. will pay for the process.

Last week, in a joint statement, the three parties committed to signing the MOU on May 14, which prompted opposition from the elected councils of the five Wet’suwet’en reserves and four hereditary chiefs from the Skin Tyee First Nation (Francois Lake). The elected chiefs called for the joint statement to be withdrawn.

“This MOU consultation process has lacked any semblance of credibility,” a statement from the elected chiefs states.

“The federal government, the provincial government and the hereditary chiefs have completely ignored many clan members and elected chiefs. These discussions have not included openness and respect for all parties.”

READ MORE: Wet’suwet’en elected chiefs call for withdrawal of ‘premature’ agreement on rights and title

The nine other hereditary chiefs responded with an invitation for further discussions.

“We would like to continue building on the good work that took place in February 2020 with the community-based dialogue sessions that occurred before the COVID-19 pandemic and public health crisis,” the letter states, referencing clan meetings across the territory, sessions in Prince George and Vancouver and more recent virtual meetings.

In an emailed statement to The Interior News, Minister of Indigenous Relations and Reconciliation Scott Fraser said he could not speak to the issue, but would be following up.

“Wet’suwet’en Hereditary Chiefs committed to bringing the proposal to all Wet’suwet’en clan members for discussion and endorsement, including elected leaders,” he said. “They would be best placed to speak to the Wet’suwet’en ratification process. I am aware of concerns raised by the elected Wet’suwet’en Chiefs and I will be reaching out to them to discuss this further.”

Below is the complete text of the MOU:

Immediate

a) Canada and BC recognize that Wet’suwet’en rights and title are held by Wet’suwet’en houses under their system of governance.

b) Canada and BC recognize Wet’suwet’en aboriginal rights and throughout the Yintah

C) Canada and BC recognize Wet’suwet’en commit to the negotiations described below (commencing immediately)

d) BC commits to engage in those negotiations consistent with the Declaration on the Rights of Indigenous Peoples Act

e) Canada and BC will provide the necessary resources to Wet’suwet’en for these negotiations

f) The parties agree these negotiations are to be intensively mediated by an agreed upon mediator.

Agreement to be Negotiated Over the Next three months

a) Legal recognition that the Wet’suwet’en Houses are the indigenous governing body holding the Wet’suwet’en aboriginal rights and title in accordance with our Innc Nuaden

b) Legal recognition of Wet’suwet’en title as a legal interest in land by Canada and BC

i) There will be no impact on existing rights and interests pertaining to land until jurisdiction is transferred to the Wet’suwet’en

ii) Jurisdiction that flows from Wet’suwet’en aboriginal rights and title will be transferred to Wet’suwet’en over time based on an agreed upon timetable (with the objective for transition within of some areas within 6 months and a schedule for the remaining areas of jurisdiction thereafter)

iii) In some cases the jurisdiction that is transferred to the Wet’suwet’en will be exclusive and in some cases it will be shared with Canada or BC

c) the area of jurisdiction that will need to be addressed include the following (without limitation)

i) Child and family wellness (5month timeline)

ii) Water (6month timeline)

iii) Wet’suwet’en Nation Reunification Strategy (6month timeline)

iv) Fish

v) Land use Planning

vi) Lands and Resources

vii) Revenue Sharing, Fair and Just Compensation and Economic Component of Aboriginal Title

viii) Informed decision making

ix) Such other areas as the Wet’suwet’en propose

d) Title will be implemented and jurisdiction (exclusive or shared) will be transferred once specifics on how aboriginal and crown titles interface have been addressed – this includes the following

I. transparency, accountability, and administrative fairness mechanisms including clear process and remedies to address grievances of any person, pertaining to all areas of shared and exclusive jurisdiction

II. clarity on the Wet’suwet’en governance structures, systems, and laws that will be ratified by the Wet’suwet’en and will be used to implement their title to the extended required to understand the interface between the Crown and the Wet’suwet’en jurisdiction.

e) This agreement is to ratified by Canada, BC and the Wet’suwet’en under their respective systems of governance.



editor@interior-news.com

Like us on Facebook and follow us on IndigenousPipeline

Just Posted

RCMP say a woman turned herself in to police after hitting a pedestrian and fleeing the scene of the accident in downtown Nanaimo on Friday morning. (File photo)
Driver flees, then turns herself in after hitting pedestrian in downtown Nanaimo

Nanaimo RCMP say woman was struck in marked crosswalk after driver ran red light

Wayne Allen's graduation photo from Chemainus Secondary School. (Photo submitted)
Brother charged with murder in Chemainus teenager’s Ontario death

Jesse James Allen stands accused in the death of Wayne Allen, a 2020 Chemainus Secondary grad

Kim McGregor died in the Feb. 14 hit-and-run accident in Chemainus. (Photo submitted)
Victim identified in Valentine’s Day Chemainus hit-and-run

Kim McGregor grew up in Chemainus and had recently returned to be close to his parents

Tyson Popove placed second in his category at the Mt. Washington Viewtour Virtual Slopestyle event. Photo by Shawn Corrigan
10-year-old soars high above Mount Washington, slopestyle

Campbell River skier Tyson Popove goes big in ski hill’s virtual competition

Carolyn Howe, a kindergarten teacher and vice president of the Greater Victoria Teachers’ Association, says educators are feeling the strain of the COVID-19 pandemic and the influx of pressure that comes with it. (Nina Grossman/News Staff)
Stress leave, tears and insomnia: Island teachers feel the strain of COVID-19

Teachers still adjusting to mask and cleaning rules, pressures from outside and within

Dr. Bonnie Henry leaves the podium after talking about the next steps in B.C.’s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
COVID: 589 new cases in B.C., and 7 new deaths

No new outbreaks being reported Feb. 26

Police in Nanaimo found multiple graffiti tags they allege were made by three men arrested for mischief in Maffeo Sutton Park on Feb. 15. (Photo submitted)
Graffiti taggers caught in Nanaimo with paint on their hands

Three suspects arrested at Maffeo Sutton Park last week

The first of 11 Dash 8 Q400 aircraft's have arrived in Abbotsford. Conair Group Inc. will soon transform them into firefighting airtankers. (Submitted)
Abbotsford’s Conair begins airtanker transformation

Aerial firefighting company creating Q400AT airtanker in advance of local forest fire season

The Canada Revenue Agency says there were 32 tax fraud convictions across the country between April 2019 and March 2020. (Pixabay)
Vancouver man sentenced to 29 months, fined $645K for tax evasion, forgery

Michael Sholz reportedly forged documents to support ineligible tax credits linked to homeownership

Then-Liberal leader Andrew Wilkinson looks on as MLA Shirley Bond answers questions during a press conference at Legislature in Victoria. (Chad Hipolito / THE CANADIAN PRESS)
B.C. Liberal party to choose next leader in February 2022

Candidates have until Nov. 30 to declare whether they are running

After nearly 10 months of investigations, Mounties have made an arrest in the tripping of an elderly woman in Burnaby this past April. (RCMP handout)
VIDEO: Mounties charge suspect for tripping elderly woman near Metrotown in April

32-year-old Hayun Song is accused of causing bodily harm to an 84-year-old using her walker

British Columbia provincial health officer Dr. Bonnie Henry arrives to view the Murals of Gratitude exhibition in Vancouver, on Friday, July 3, 2020. THE CANADIAN PRESS/Darryl Dyck
Death threats mount against Dr. Bonnie Henry, sparking condemnation from Horgan, Dix

Henry has become a staple on televisions in homes across British Columbia since January 2020

Bryan Adams with his mom, Jane Adams Clark, at Lions Gate Hospital. (Bryan Adams)
Bryan Adams gives shout out to North Shore hospital

The singer’s mom was in Lions Gate Hospital for care

Shoppers will be able to get their hands on signed bottles of Ryan Reynolds’ new gin at B.C. liquor stores this summer. (Twitter/Ryan Reynolds)
Ryan Reynold’s Aviation Gin autographed and coming to B.C. stores

This summer 100 bottles will be available to the public for purchase across five B.C. liquor stores

Most Read