Third agreement since mid-December brings to 10 the number of successful accords between province and native communities

By Jonathan Fowlie and Kim Pemberton, Vancouver Sun – December 20, 2009

The provincial government signed another economic agreement last week with a group of first nations people, bringing the total number of deals reached since Dec. 10 to three.

Aboriginal Relations and Reconciliation Minister George Abbott said the agreements signed so far between his ministry and 10 first-nations communities commit the province to a better working relationship with first nations, spurring new economic and social opportunities in those communities. (There are 203 first nations in B.C.)

“I would characterize this as a new way of doing business,” said Abbott, although he noted the province is continuing to work to achieving full-scale treaties with first nations.

In B.C. only two modern-day treaties have been successfully negotiated since talks began 17 years ago. They are with the Tsawwassen First Nation and the Maa-nulth First Nations on Vancouver Island.

The province is currently negotiating final agreements with three other communities — the Sliammon Indian Band north of Powell River, the Yale First Nation on the Fraser River at Yale, and the In-SHUCK-ch Nation, near Port Douglas.

Abbott said that while the recent economic agreements are not full-scale treaties they do provide “a matrix for decision making.”

“All of them contain elements to strengthen communities, from an economic capacity and a social capacity.”

He said there are no other economic agreements pending. But in two to five years he expects two or three other first nations will sign “incremental treaties” with the province. 

Two weeks ago the province signed a land-use and economic-development agreement they termed Kunst’aa guu — which means “The Beginning” — with the Haida Nation for the Queen Charlotte Islands, now known as Haida Gwaii. The government also signed a “Strategic Engagement Agreement” with six Coastal communities — the Gitga’at First Nation, the Haisla Nation, Heiltsuk Nation, the Kitasoo Indian Band, Metlakatla First Nation and the Wuikinuxw Nation.

And on Thursday Abbot was in Fort St. John to sign another agreement, on behalf of the province, this time called an “Economic Benefit Agreement” with three more first nations — Doig River First Nation, West Moberly First Nation and Prophet River First Nation.

First Nations Summit spokesman Ed John said his organization, which represents the 150 B.C. first nations involved in the treaty process, has asked the government to commit to these kinds of “interim” agreements since the early 1990s.

“They’re building blocks we can work with now,” said John.

“These steps are small but important ones. Anything that helps move the government from a position of denial of our rights to a recognition of our rights is welcome.”

But some native leaders are questioning the timing of these announcements just weeks before the Olympics.

“It’s a political spin on the doorsteps of the Olympics,” said Union of B.C. Indian Chiefs president Stewart Phillip.

“The provincial government is trying to publicly convey [that] the relationship between the first nations people and the province is alive and well. The reality is it’s at the lowest ebb I can imagine. Once the athletes go home we’ll still wake up in crushing poverty.”

John agreed with Phillip that the timing is suspicious, given “this is a period when the international community is looking to what is going on with treaty negotiations.”

But John said he believes the first nations communities used the timing to secure agreements.

“I think the first nations are smart to use the timing to their advantage. They pushed their agenda knowing they have some leverage with the Olympics coming.”

Abbott said that while criticism of the treaty process’s historical success is legitimate, he said the timing of the recent agreements was not in anticipation of the Olympics.

“When we get an an agreement we celebrate it. These things are hard enough to secure without trying to build it around the Olympics,” said Abbot.

Last Thursday’s agreement, reached in Fort St. John, includes the following:

• A revenue-sharing agreement, with each of the three first nations receiving $1.8 million.

• A Parks Collaborative Management Agreement that allows the first nations and B.C. to work together in the planning, management and use of natural and cultural resources in the provincial parks identified in the agreement.

• A Wildlife Collaborative Management Agreement that will give first nations an “enhanced role” in wildlife management in the area covered by the agreement.

• A Strategic Land and Resource Planning Agreement.

The signing of these agreements represents a significant shift for the British Columbia government. Only months ago, the province was fixated on developing legislation to decisively answer the far-reaching question of aboriginal rights and title. But the planned Recognition and Reconciliation Act died in late August, when, after resistance on multiple fronts, aboriginal leaders who were helping to develop the idea finally declared it dead.

Now, Abbott said, the focus is on ensuring individual first nations have the tools they need to help generate economic opportunities and jobs, and to attract investment.

“The emphasis for government in the near term and, I hope, for the long term as well, is that we set aside some of the long-term discussions about rights and title and focus on getting first nations equal opportunities on the land base,” said Abbott.

“I’m certain that for some first nations, they will continue, at least for some time, to have a continuing focus on rights and title,” he said.

“The challenge around that is that more often than not it ends up in protracted litigation, where none of the parties advances the economic-development potential of a portion of the province.” 

Abbott said the creation of opportunities can take forms other than treaties. He characterized the “reconciliation protocols” signed in the last 10 days as similar to treaties, only far less robust.

Premier Gordon Campbell echoed this sentiment:

“At the end of the day, treaties are one tool of building reconciliation and recognition; there are many others,” he said about the deal with the Haida.

“The important thing is that this is actually a way of creating stability and building that level of trust that we need,” he said. “What we’ve said all along, for many years, is that we will follow the path that gets us where we need to be on behalf of first nations and British Columbia.” 

Abbot added he has been “really pleased with what’s been achieved in the recent months since the [recognition and reconciliation] legislation was officially ended.”

“There’s been lots of good work done in respect to the conclusion of treaties — in particular the Yale [First Nation] now has a [handshake agreement], In-SHUCK-ch Nation is very close to that, and [the] Sliammon Indian Band, we hope, will be ready for community consideration early in the new year,” he said.

Abbott also pointed out the significance of legislation introduced two weeks ago by the federal government to help ensure the Squamish First Nation can proceed with a planned development on the North Shore.

Reserve lands do not hold the same title rights as those off-reserve, meaning the status of ownership is much less secure. On private lands, owners get a title that is absolute. On reserves, the land is covered by a deeds-type registry, which lacks the same certainty.

The disparity means reserve lands are far less valuable for any potential commercial development, something Abbott said has been a significant barrier for a project planned by the Squamish.

“The developer has said to them, ‘This is a great location, great development potential, but the marketplace is going to be discouraged by the insecurity around the land ownership that might go, for example, with a long-term condo lease,’” he said. Abbott said the federal legislation would allow the Squamish to register the property in a system similar to the provincial land-titles registry.

That will help increase the value of the land, although a federal spokeswoman said it will not make it exactly on par with private property. In an e-mailed statement, Margot Geduld said the underlying title remains as first nation lands.

“[The amendments] don’t change the fact that absolute title to the lands will remain with the Crown, set apart for the use and benefit of a first nation,” read the statement. Geduld said negotiations are still underway over rights to collect property-transfer taxes under any new agreement.

She added that all other powers of taxation — such as property tax, sales tax and personal income tax — remain unchanged as prescribed by the Indian Act and the First Nations Fiscal and Statistical Management Act.

This entry was posted on Monday, January 25th, 2010 at 6:31 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.