Crown-Indigenous Relations Minister Carolyn Bennett in Whitehorse in 2017. (Joel Krahn/Yukon News file)

New rights-based approach to First Nations treaty-making rolled out

A new co-operatively developed policy could renew treaty-making with recognition of rights

It could kick-start treaty negotiations in B.C.

Canada, B.C. and First Nations Summit officials have together hammered out a new “rights-based” policy for treaty negotiations in B.C. to replace the previous one-size-fits-all approach.

The ‘Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia’ policy will usher in a new way of dealing with treaties.

“It’s a substantive transformation,” said Carolyn Bennett, federal minister of Crown-Indigenous Relations in a phone interview. “It felt historic because it means no longer do people have to surrender their rights in order to get out from under the Indian Act.”

Terry Horne, chief of Yakweakioose First Nation near Chilliwack, said his community is part of the six- member Stó:lō Xwexwilmexw Treaty Association, which is at Stage 5 in the treaty process.

“It’s all good stuff, and it’s what we had during our negotiations,” said Chief Horne about the rights-based approach. “The big change is not having to extinguish rights and title to enter the process got put back on the table.”

Although the SXTA expects to sign a final agreement within the next five years, and this new policy could help other Indigenous groups.

“It does set some standards,” said Horne. “When we were in negotiations, we were pushing these same boundaries, which were groundbreaking, and were the first.”

The new policy was co-developed by treaty principals — Canada, the First Nations Summit and British Columbia — to offer guidance on how treaties, agreements and other arrangements are to be negotiated, consistent with the constitution, and commitments to implement the UN Declaration on the Rights of Indigenous Peoples in B.C., as well as international law, Indigenous laws and legal orders.

With the federal budget of 2019 containing provisions for forgiving treaty loans, the new policy could also be incentive for those who left the treaty process or never entered to begin with, Minister Bennett said.

The new policy “clears the way” for recognition of Indigenous rights and title, including self-determination, and could lead to restoring trust in the process, said Robert Phillips, a member of the First Nations Summit political executive.

“I think this will be very significant in making progress in treaty negotiations,” Phillips said, calling it “a breakthrough, and a step toward reconciliation.”

There might be some naysayers but he urges them to look closely at what’s in the policy.

The central feature is basing negotiations on the recognition and continuation of rights without those rights being modified, surrendered or extinguished when a treaty is signed.

“From this recognition, and more importantly the implementation of this new approach, it will foster more of a relationship between First Nations and the Crown. Parties would enter negotiations in the past and it was like a divorce. This is more of a relationship,” said Phillips.

It could help address longstanding issues that became obstacles as the treaty policy stalled over the years.

“We look forward to the breakthroughs that should result from these long-awaited innovations,” he added.

It also includes commitments to address shared or overlapping territories, and to respect the rights of Indigenous groups not participating in the B.C. treaty process.

A made-in-B.C. treaty negotiations process was created in 1992. Since then, 11 First Nations in B.C. have reached modern treaties with self-government and 28 First Nations groups are now in the advanced stages of negotiation.

READ MORE: Six First Nations signed new treaty


@CHWKjourno
jfeinberg@theprogress.com

Like us on Facebook and follow us on Twitter.

Just Posted

Shawnigan Lake’s Kubica gets 25 to life for murder in California

Former Shawnigan Lake man convicted of killing woman in 1990

Pedestrian dies in motor vehicle incident along the highway near Nanaimo Airport

Police investigating scene where 37-year-old woman from Nanaimo died

Victoria police make arrest in Centennial Square stabbing

One man was left with non-life-threatening injuries Saturday morning

Visitors and bylaw officers targetted by vandals on Vancouver Island’s West Coast

Tofino mayor condemns vandalism against tourists, says bylaw staff also being targeted

Lamborghini driver slapped with nearly $1,000 in fines while speeding in Central Saanich

Vehicle impounded by Central Saanich police, 11 points issued

Weekend sees 267 cases, 3 deaths in B.C.; Dr. Henry says events leading to COVID spread

There are currently 1,302 active cases in B.C., while 3,372 people are under public health monitoring

Lightning strike: Tampa Bay blanks Dallas 2-0 to win Stanley Cup

Hedman wins Conn Smythe Trophy as playoff MVP

Liberals seek to fast track new COVID-19 aid bill after CERB expires

Government secured NDP support for legislation by hiking amount of benefits by $100 to $500 per week

B.C. VOTES 2020: Echoes of HST in B.C. debate over sales tax

Cannabis, tobacco, luxury cars still taxed in B.C. Liberal plan

She warned her son about toxic drugs, then he was dead

Donna Bridgman’s son died at the age of 38 in Vancouver

Duration of Tour de Rock stop in Chemainus much shorter than usual

Four alumni riders don’t get to come for breakfast in COVID year

B.C. food and beverage producers set record sales in 2019

Farmed salmon again leads international exports

Thief steals ice cream bars from Oak Bay Dairy Queen

Oak Bay resident out nearly $10,000 as CRA scam strikes again

Most Read