GLOSSARY
Guide to the Glossary:
- "see" is used to refer to a synonymous term;
- "see also" refers to a related term;
- terms which appear in bold typescript are defined in the glossary.
aboriginal people:
Descendants of the original inhabitants of North America. The Canadian Constitution recognizes three groups of aboriginal people; Indians; Metis people and Inuit. All are separate distinct groups of people with unique heritages, languages, cultural practices and spiritual beliefs. All indigenous people of Canada, including Indians (status and non-status), Metis, and Inuit people (as defined in the Constitution Act of 1982)
aboriginal rights:
refer to practices, traditions or customs ("activity[ies]") which are integral to the distinctive culture of an aboriginal society and were practiced prior to European contact, meaning they were rooted in the pre-contact society (the date is no longer prior to 1846, the date British sovereignty was asserted in B.C.);
- must be practiced for a substantial period of time to have formed an integral part of the particular aboriginal society's culture;
- must be an activity that is a central, defining feature which is independently significant to the aboriginal society;
- must be distinctive (not unique), meaning it must be distinguishing and characteristic of that culture;
- must be based on an actual activity related to a resource: the significance of the activity is relevant but cannot itself constitute the claim to an aboriginal right;
- must be given a priority after conservation measures (not amounting to an exclusive right);
- must meet a continuity requirement, meaning that the aboriginal society must demonstrate that the connection with the land in its customs and laws has continued to the present day;
- may be the exercise in a modern form of an activity that existed prior to European contact;
- may include the right to fish, pick berries, hunt and trap for sustenance, social and ceremonial purposes (for example, ceremonial uses of trees and wildlife locations);
- may include an aboriginal right to sell or trade commercially in a resource where there is evidence to show that the activity existed prior to European contact "on a scale best characterized as commercial" and that such activity is an integral part of the aboriginal society's distinctive culture;
- may be adapted in response to the arrival of Europeans if the activity was an integral part of the aboriginal society's culture prior to European contact;
- do not include an activity that solely exists because of the influence of European contact; and
- do not include aspects of aboriginal society that are true of every society such as eating to survive.
Aboriginal rights arise from the prior occupation of land, but they also arise from the prior social organization and distinctive cultures of aboriginal peoples on that land. Treaty negotiations will translate aboriginal rights into contemporary terms.
aboriginal title:
a sub-category of aboriginal rights dealing solely with land claims.
agreement in principle (AIP):
document produced in the fourth phase of the six stage treaty negotiation process. The AIP outlines the major points of agreement between the parties regarding provisions which will form the basis of the treaty. An AIP is not binding on the parties, and changes may occur in negotiating the final agreement.
AIP:
see agreement in principle.
band:
an organizational structure defined in the Indian Act which represents a particular body of Indians as defined under the Indian Act.
band council:
body elected according to provisions of the Indian Act, charged with the responsibility for "the good government of the band" and delegated the authority to pass by-laws on Indian reserve lands.
BCTC:
see British Columbia Treaty Commission
BCTC process:
see six-stage process
blanket extinguishment:
see extinguishment
British Columbia Treaty Commission (BCTC):
an independent body of five commissioners appointed by Canada, the Province and the First Nations Summit. BCTC oversees and facilitates the six-stage process for negotiating treaties.
capacity-building:
the development of human, technical and financial resources in First Nation communities. For example, some First Nations may require capacity building to respond to provincial requests for consultation concerning aboriginal rights, and subsequently to carry out the authorities that they will assume under treaties.
certainty provisions:
treaty provisions designed to clearly define the authorities, rights and responsibilities for all parties to the treaty. See also extinguishment.
claim area:
area identified by a First Nation as the basis for negotiating treaty settlement land. A First Nation's claim area may or may not be the same as their traditional territory.
comprehensive claim:
a claim made by a First Nation based upon continuing aboriginal rights and title which have not been dealt with by treaty or other legal means. In British Columbia comprehensive claims are being negotiated under the BCTC process. See also cut-off claim and specific claim.
cooperative management:
arrangements made between the Province and First Nations to involve First Nations in provincial land and resource management processes.
core land:
(obsolete term) see treaty settlement land
Cost Sharing Memorandum of Understanding (MOU):
the 1993 political agreement between Canada and British Columbia which outlines the financial responsibilities of the federal government and the Province pursuant to treaty settlements. The agreement is entitled: Memorandum of Understanding between Canada and British Columbia Respecting the Sharing of Pre-treaty Costs, Settlement Costs, Implementation Costs and the Costs of Self-Government.
Crown activity:
any activity for which Canada or the Province is responsible through legislation, regulation, or policy. These activities may involve the issuance of tenure (permit, license, lease) or grants, or the approval to conduct a specific activity.
Crown grant:
usual mechanism by which the Crown conveys land to persons or corporate bodies who then hold the land in private ownership.
Crown land:
land or an interest in land, owned by Canada or the Province. Almost all Crown land in British Columbia is owned by the Province.
Crown Lands Activities Policy:
provincial policy designed to meet the Province's legal obligations to aboriginal people by requiring that Crown activity does not unjustifiably interfere with the aboriginal rights of aboriginal people. Full title: "Crown Land Activities and Aboriginal Rights Policy Framework".
Crown tenure:
a legal interest in Crown lands or resources, issued by the Province in the form of a permit, license, lease or approval.
cut-off claim:
a claim by a First Nation arising from the removal of portions of Indian reserves which occurred following the recommendations of the 1913-1916 federal-provincial McKenna-McBride Commission. Negotiated outside the treaty process.
Delgamuukw obligations:
informal term used to refer to the legal obligations of the Crown to aboriginal people arising out of the Court of Appeal decision in Delgamuukw.
Douglas treaties:
fourteen treaties struck between 1850 and 1854 between the British Crown, represented by Sir James Douglas, and some Vancouver Island First Nations.
eligibility:
entitlement to treaty benefits.
enrolment:
process of registering eligible treaty beneficiaries.
entrenchment:
term occasionally misused in the context of treaties to refer to protection under the constitution. Aboriginal rights and treaty rights are protected under s.35 of the Constitution Act, 1982. Entrenchment of treaty rights does not mean that treaties become part of the Constitution.
extinguishment:
term used to describe the cessation or surrender of aboriginal rights to lands and resources in exchange for rights granted in a treaty. To date, Canada has required full or partial extinguishment to conclude treaties.