WHAT IS BEING NEGOTIATED?
The substantive issues that are being discussed in the British Columbia Treaty Process break down into the following major topics. They are land, self-government, access to resources, financial transfers and social programs, cultural and heritage, and the future relationship with the governments and protection of our existing rights.
The five member First Nations have initially joined together to form the Te’mexw Treaty Association. With one common objective, to reach a Final Agreement that is acceptable to each of our individual communities that will sustain us well into the future for our children and great grandchildren and the many generations to come.
While negotiation is not a process where you achieve everything you want, the negotiators are determined to protect our core values, rights and land. This involves a delicate process of give and take where we try to find solutions that protect our most important interests.
LAND
First Nations are intricately connected to the land and always have been. Many First Nations currently reside on very small reservations that was determined by an Indian Agent that placed First Nations on parcels of land where he saw fit. This usually was land that did not deem to be significant to the settlers at that time and they were not in need of those lands. These reservations do not meet the needs of First Nations communities. Land is important in order to provide to First Nation citizens social needs (incorporates housing, playing fields, administration buildings, schools etc), cultural needs and economic needs.
SELF GOVERNANCE
Canada has a policy on what the First Nations Inherent Right to Self-governance is. The Government of Canada recognizes the inherent right of self-government as an existing Aboriginal right under section 35 of the Constitution Act, 1982. . It recognizes, as well, that the inherent right may find expression in treaties, and in the context of the Crown's relationship with treaty First Nations. Recognition of the inherent right is based on the view that the Aboriginal peoples of Canada have the right to govern themselves in relation to matters that are internal to their communities, integral to their unique cultures, identities, traditions, languages and institutions, and with respect to their special relationship to their land and their resources.
The Government acknowledges that the inherent right of self-government may be enforceable through the courts and that there are different views about the nature, scope and content of the inherent right. However, litigation over the inherent right would be lengthy, costly and would tend to foster conflict. In any case, the courts are likely to provide general guidance to the parties involved, leaving it to them to work out detailed arrangements.
For these reasons, the Government is convinced that litigation should be a last resort. Negotiations among governments and Aboriginal peoples are clearly preferable as the most practical and effective way to implement the inherent right of self-government.
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British Columbia’s position on self-governance is simply the delegated municipal style governance.
First Nations strongly affirm that they were self-governing prior to first contact and it is a existing aboriginal right and delegated municipal style governance does not go far enough to effectively say we are self-sufficient nor does it allow for First Nation jurisdiction. It simply does not meet the needs of First Nations. In order to be truly a sovereign nation we must have true self-governance.
We are working on alternative approaches to how we can meet the needs of the First Nations
ACCESS TO RESOURCES
Resources have continually been drained from First Nations traditional territories. First Nations have always viewed that the land, sea and resources have provided for and supported First Nations survival, economic needs and cultural needs since time immemorial. To date First Nations continue to hunt, fish, trap and gather resources and remains to be an integral part of the traditional activities of First Nations people. Economic opportunity has always been a part of the First Nations governing body and we want to be a part of new emerging economic developments that the resources from the land and sea are able to provide.
We also understand that the land, sea and resources are similarly important to the non-aboriginal citizens of British Columbia, and what we are and have always stated, we want to co-exist harmoniously.
FINANCIAL COMPONENT
There are 3 main components to the financial arrangements between the governments and the First Nation, these include a capital transfer, funding for agreed upon programs, and resource revenue sharing. There will also be negotiations around how to develop First Nations revenue through economic development and taxation and how this will be taken into account.
All Governments, First Nation’s; BC; and Canada fully expect First Nation governments to become self-sufficient. To what extent and to what time frame remains to be negotiated. Federal obligations to the health and well-being of Te’mexw citizens on Te’mexw lands is expected to be no less than that of the average Canadian.
Building the capacity of our citizens in order to take over our own governments will of course take time, as in all communities. Time frame of Training and education in various fields must be taken into consideration as well as the financial cost of such training.
Revenue Sharing and the First Nations’ Own Source Revenue remain topics that must be addressed in a full and comprehensive manner.
CULTURE AND HERITAGE
All cultural activities of the Te’mexw and therefore coast Salish people will remain in the care of the coast Salish people. All cultural burials; objects and buildings on our future Treaty Settlement Lands will remain under our control. The major concern is how will the cultural ancestral lands located off Treaty Settlement Lands be protected.
The Provincial government claims not in a position to provide special consideration to the First Nation’s of BC and request that we abide and utilize their current policies. The negotiators are actively advancing a stronger role for our nations off Treaty Settlement Lands.
PROTECTION OF EXISTING RIGHTS
FISH and SHELLFISH
Te’mexw citizens have a Douglas Treaty right to fish as formerly. This is an ideal situation, however, fish stocks have dwindled to the point of extinction in some cases. As well, management of some areas lead toward more conservation issues. This coupled with the fact that criminal charges are brought against our younger Douglas Treaty citizens who attempt to exercise their Douglas Treaty rights have prompted Te’mexw to work toward better management of the fisheries. This will serve to protect our citizens as well as ensure that our grandchildren will be able to enjoy seafood as we once did.
WILDLIFE
We want to find ways of ensuring that we continue to have access to hunting grounds; that we continue to be able to hunt; and that we have a degree of decision making in the management of this extremely important resource. .
FORESTRY
As the Te’mexw First Nation utilized all aspects of the forest, we remain entitled to this right after European contact. With the harmonious co-existence that we as Te’mexw people strive for – we agree that certain areas will be designated as forestry endeavours and other areas are for residential and business. We, as Te’mexw remain entitled to enjoy the benefits of the forest, both by revenue sharing and access to the forests for our own needs as we identify them.