VICTORIA – A 10-year-old aboriginal treaty that took more than a century to negotiate has transformed B.C.’s Nisga’a Nation from beggars in their own lands to individual entrepreneurs who hold the keys to economic revival in northwest B.C., says the Nisga’a president.

Hundreds of people were in the village of New Aiyansh, located about 1,500 kilometres northwest of Vancouver, to celebrate the 10th anniversary of the land-claims treaty agreement, the first modern-day treaty in B.C.

Nisga’a president Mitchell Stevens said his people have taken huge political and economic strides in the 10 years.

They’ve set up their own parliament, completed a highway system, connected its villages to the Internet, gained control of timber rights from the province and started work on a museum to house art they took back from world museums. But Stevens said one of the most important steps they’ve taken is a law that allows private property rights and gives members the ability to buy and sell their land even to non-band members.

The Nisga’a Landholding Transition Act, passed last October in the Nisga’a Lisims Government parliament, gives Nisga’a citizens the opportunity to own their residential property in fee simple.

”A Nisga’a citizen who obtains fee- simple title to their residential property under the act will subsequently be able to mortgage their property as security for a loan, or to transfer, bequeath, lease or sell their property to any person,” said a Nisga’a Lisims Government statement.

The treaty gave the Nisga’a 2,000 square kilometres of land, about $190 million and self-government provisions. The Nisga’a agreed to not pursue further claims and start paying income tax.

Stevens said the landholding law goes beyond what the original Nisga’a treaty-makers envisioned because while they were seeking to achieve ownership of their lands, this new law allows individual Nisga’a to use their land to explore business options.

”This provides more opportunities for members of our nations, more than ever,” he said. ”It’s available to our citizens if they choose.”

But Stevens said no matter who owns the land, the law stipulates it will always remain Nisga’a land and be subject to Nisga’a laws under the treaty.

At a press conference following the anniversary celebrations, Stevens said the Landholding Transition Act resulted from a series of Nisga’a public meetings where tribal members told their leaders to ”quit babying us.”

Stevens said the Nisga’a, who are about 6,400 people, said they no longer wanted the treaty land managed as it was prior to the agreement where obtaining rights to their territory was the primary goal.

The post-treaty Nisga’a wanted greater personal ownership of the land to pursue their own economic interests, he said. ”This is a real significant step in self government because it’s a process for us to increase our economic prosperity,” Stevens said.

A B.C. aboriginal studies academic said the landholding transition law is a shining example of Nisga’a pride and forward thinking, but there is little data on its use.

”It can be used as collateral for people if they want to borrow money from a bank, which was not an option previously,’’said Prof. Antonia Mills, from the University of Northern B.C. in Prince George.

”My thinking is First Nations should have greater rights to their land and much more compensation for resources that are extracted from it than is currently the policy in Canada,” she said.

B.C. Aboriginal Relations Minister George Abbott, who attended the anniversary celebrations in New Aiyansh, said he is looking forward to seeing first- hand what the Nisga’a have achieved. ”I know that the Nisga’a have worked very hard to build their economic base, to build their political and social base,” he said.

”I think they’ve achieved much in the 10 years. They are moving to a different property ownership model, which I think will be very constructive for their economic future.”

Abbott noted the irony of his appearance at the celebrations because his party fought against the Nisga’a treaty 10 years ago while they were in opposition.

Since forming government, the Liberals have come to support aboriginal issues, saying British Columbia needs to reconcile its past history of confrontation and work towards building relationships with First Nations that allow them to feel at home in the province.

Federal Indian Affairs Minister Chuck Strahl did not attend the anniversary celebrations, but sent a message of congratulations from Ottawa.

The statement said since the treaty was signed unemployment rates have dropped and high school graduation numbers have increased.

Eighty-nine children nicknamed Treaty Babies sang ”O Canada” to mark the anniversary.

The school-age children, who sang the national anthem in their Nisga’a language, were born after the effective date of the treaty a decade ago.

A coalition of First Nation groups on Vancouver Island has forced the Canadian government to defend its human rights record at an international tribunal.

The Hul’qumi’num Treaty Group has been successful in its efforts to have its human rights complaint against Canada heard by the Inter-American Commission on Human Rights in Washington D.C., likely as early as this spring.

The treaty group represents the Chemainus First Nation, Cowichan Tribes, Halalt First Nation, Lake Cowichan First Nation, Lyackson First Nation and Penelakut Tribe.

The group’s argument at the commission is that 810,000 hectares of its traditional territory in southeast Vancouver Island, most of which is now privately owned and developed properties, was illegally confiscated in 1884 as part of a land grant given to the Dunsmir Company to build the Island’s railway. They want to be adequately compensated for it because they say their human rights were ignored in the process.

Canadian officials unsuccessfully argued to the commission that the treaty group still has legal options in Canadian courts and the treaty processes to air their grievances, and the case should not be heard outside of the country.

While any ruling the commission makes will not be legally binding on Canada, Robert Morales, chief negotiator for the treaty group, said the country’s human rights reputation would receive a “black eye” internationally if it decides not to comply with a ruling that is favourable to the group.

He said the First Nations realize it’s “unrealistic” to expect to have the land returned to them, but the group would expect fair compensation at current market value, plus interest, which would likely be in the billions of dollars.

“There’s not enough money in Canada to adequately compensate us for the land, but we’re prepared to be reasonable and negotiate a fair settlement,” Morales said.

A spokeswoman for the federal Department of Justice said any decision of the Inter-American Commission on Human Rights will be taken seriously.

“The Commission has ruled only on the admissibility of the Hul’qumi’num Treaty Group’s petition, but not the merits of their claims,” said Carole Saindon, in a written statement. “Canada still considers negotiations as the preferred method for addressing their claims, and we remain committed to resolving their issues by negotiating workable agreements through the British Columbia Treaty Commission process.”

Doug White, the Snuneymuxw’s new chief, said the land grant to the Dunsmir Company that saw much of his band’s traditional territory handed over to private interests to build the railway was illegal in that it negated the Snuneymuxw’s land rights, which were supposed to be guaranteed under the Douglas Treaty, signed in 1854.

“The basic promises of the treaty were never fulfilled, so the tribunal hearing will put pressure on Canada to deal with its history of aboriginal relations and reconciliation,” White said. “The Harper government is now alone among nations of the world with its vigorous opposition to the rights of Canada’s indigenous people.”

Did you know that First Nations are the largest disadvantaged group in Canada?  First Nations children, youth and families receive fewer services and less federal funding on reserve. There are many stereotypes about First Nations communities, but here are some facts:

- There is at least 22% less child welfare funding

- There are more children in state care than at the height of residential schools

- Each student receives $2000 to $3000 less for elementary and secondary education

- Only 1 in 4 students will graduate from high school

- There is negligible support for voluntary sector services on reserves (e.g. food banks, literacy programs, recreation programs, Canadian Red Cross, etc.)

- The average annual income on reserve is $10,000

- The suicide rate among Aboriginals is two to six times that of the overall Canadian population

- Living conditions for First Nations people rank 63^rd in the world

The reasons for these frightening statistics lie in the Canadian government’s relationship with First Nations peoples and how that relationship undermines the ability of First Nations children, youth and families to live in healthy ways that honour their distinct cultures and languages.  Although some of the federal government’s most harmful policies, such as residential schools, have stopped, many misinformed practices continue, such as the federal government’s classification of First Nations children by blood quantum and the chronic under-funding of critical services on reserves. Oftentimes, funding inequalities emerge because provincial laws for children apply on reserves but the provinces typically expect the federal government to pay.  When the federal government does not pay for these services or do so to a lesser level, typically the provinces do not top up the funding level. Not only do First Nations receive less funding, but repeated studies show that poverty, poor housing, racial discrimination, lack of educational and social opportunities provide a disadvantage to First Nations children and youth placing them risk for a host of socio-economic and health problems. The challenge lies in finding solutions to these issues.

Although helping with such large scale issues seems like an insurmountable feat, people of all ages and organizations can help ensure First Nations children receive equitable child welfare services on reserve. The First Nations Child and Family Caring Society of Canada in consult with First Nations communities, has created 7 free simple ways to make a difference for First Nations children, youth and families in less than 15 minutes. Here’s how you can help:

7 Ways to Make a Difference:

1.    Be a Witness – to the federal government appearing before the Canadian Human Rights Tribunal to answer charges that it is discriminating against First Nations children today by providing them less child welfare supports than other children receive. A year after the apology for residential schools, this is your chance to follow this historic tribunal and decide for yourself whether or not yo u feel that the federal government is treating First Nations children fairly.

2.    Register your individual or organizational support for Jordan’s Principle which is a child first principle to resolving inter governmental jurisdictional disputes.

3.    Join Amnesty International Canada in putting an end to inequitable child welfare funding for First Nations children.

4.    Help the children of Attawapiskat First Nation get a safe school. Join the Attawapiskat School Campaign.

5.    Help reshape the child welfare system so that it better supports Aboriginal children, youth and families by endorsing the Reconciliation in Child Welfare: Touchstones of Hope for Indigenous children and youth.

6.    Learn how to respectfully engage young people in your organization’s work by registering your support for the Declaration of Accountability on the Ethical Engagement of Young People and Adults in Canadian Organizations.

7.    Join us in supporting the Many Hands One Dream principles to guide improvements to Aboriginal health care resulting in healthier Aboriginal children and young people.

Because of caring individuals who have registered their support for these initiatives, here are some of the positive results:

 The Human Rights Tribunal will be heard by the Human Rights Commission on June 2^nd and 3^rd, 2010. To date, over 4500 caring people and organizations have signed up to follow the case making this the most formally followed legal proceeding in Canadian history.

 Jordan’s Principle is one of the most broadly supported children’s policy movements in Canadian history. Four provinces (BC, Ontario, Saskatchewan and Manitoba) have adopted Jordan’s Principle and New Brunswick has just announced its support. Jordan’s Principle has ensured that First Nations children are no longer left behind because of government wrangling. To date, it has helped 37 children in Jordan’s own community receive critically needed medical care in their homes in stead of having to go unnecessarily into foster care and it has helped a child in BC receive speech therapy so that she could learn to talk before losing her hearing. Jordan’s Principle was also recently cited by the United Nations as a best practice.

The Touchstones of Hope are being piloted in northern British Columbia and there is interest from the rest of the province (www.northerbctouchstones.ca)

To sign up for our 7 Ways to Make a Difference, please visit the First Nations Child and Family Caring Society of Canada website at www.fncaringsociety.com.

Federal lands bordering the Beecher Bay reservation could be part of the asking price as confidential treaty negotiations continue.

Negotiators from the Te´Mexw Treaty Association and the province offered the public an update and a rare glimpse into treaty making May 18 at the Metchosin Community Hall.

While no specifics were provided concerning Crown lands, the amount of money involved or governmental structures, the province and Beecher Bay both alluded that the Department of National Defense lands on Rocky Point could be part of the treaty settlement. A representative from the federal government was not at the meeting.

“The Beecher Bay people view this area around the reservations as their home,” said Robert Janes, legal council for the Te´ Mexw Treaty Association. “What they want to do is find a way for it to continue to be their home.”

The province has no jurisdiction over federal crown land. The federal government isn’t interested in discussing the land, preferring to let the province bargain with provincial parcels that are detached and spread out from the reservation, Janes said.

The TTA, which represents the Malahat, Nanoose, Songhees, T’Sou-ke and Beecher Bay First Nations, are engaged in Stage 4 negotiations, discussing an agreement in principal – the nuts-and-bolts details of the treaty.

“We have all gotten to a point now where we see some hope,” Janes said. “What the process is about is trying to find a way to resolve some of the outstanding issues … without doing things like going to court.”

The province hopes its next negotiated land and cash offer, which it hope to make in 2010, will be accepted and made public with the agreement of all three parties, said Arlene Paton, assistant deputy minister for the Ministry of Aboriginal Relations and Reconciliation.

“We look forward to the day we may share the information for you,” said Marilynn Graham, a negotiator with Ministry of Aboriginal Relations and Reconciliation. “When the time is right, we will be a s transparent as we can be.”

Residents at the meeting voiced criticism of the secrecy surrounding negotiations that could influence land use on the municipal border. More than 60 people attended the meeting. Graham asked attendees to trust in Metchosin council.

While not directly involved in negotiations, council has been kept in the loop, albeit sworn to confidentiality until all three negotiating parties agree to make information public. For now, residents are left with no specifics to ponder.

“We want to let the people of Metchosin know we are not hiding anything. It is not our intent to anger people, it is to work with people,” said former Beecher Bay chief and treaty negotiator Patricia Chipps. “We don’t want money. It is useless, money is here today and gone tomorrow.”

It is expected that once an agreement in principal is reached, the federal government would be more heavily involved in negotiations.

“I think we are quietly optimistic we can reach an agreement in principal over the next 12-18 months,” Paton said. “The province is hopeful if we show commitment to treaty process to address an agreement in principal, that potentially looking at some federal crown land could become an option.”

“I really believe a treaty can be accomplished that will strengthen both of our communities,” said Metchosin Mayor John Ranns. “The success of that outcome will depend largely on the province.”