SELF-GOVERNMENT AND TREATIES Chapter 13 a principal goal of First Nations is self-determination regain control of their lives and lands self-government is key component different forms of governing being pursued

MODELS OF SELF-GOVERNMENT 1996 Report of the Royal Commission on Aboriginal Peoples (RCAP) acknowledged self-determination as basic right for First Nations includes self-government right to govern themselves in way they determine having a say in how resources in traditional territories are used derive economic benefit from resources make improvements in economic, social, and cultural conditions in communities Cdn Constitution recognizes inherent right to self-government

more than one way to self-government varying needs and circumstances of band RCAP described 3 different models Nation Government Model based on identified group of people with traditional land base, controlling local governance of their territories would have a constitution stating beliefs, values, areas of responsibilities, and who can be a citizen jurisdiction over lands and responsibility for its members Land as important issue and usually basis for identity of group

all people who live in certain region (not just First Nations) 2. Public Government Model all people who live in certain region (not just First Nations) authority over everyone within boundaries incorporates First Nations cultural values and practices throughout its jurisdiction example: Nunavut – band and local municipal governments merge

3. Community of Interest Model more limited type of government used where people come from different First Nations groups but have common needs and interests join voluntarily for specific responsibilities rather than all-encompassing government land is less of an issue diverse backgrounds, multiple traditional territories suit those in cities not usually having access to self-government two groups as vanguard of making self-government happen Sechelt Indian Band – unique form of local government Nisga’a Nation – Nisga’a Lisims Government

THE TREATY PROCESS for over 125 years, First Nations people seeking treaties to recognize title and lands first step was Constitution Act 1982 recognized and affirmed “existing Aboriginal and treaty rights” 1986, federal government agreed to negotiate treaties under existing policies BC still not recognize Aboriginal rights or treaties 1989 BC finally agreed to deal with Aboriginal issues formed Ministry of Aboriginal Affairs now Ministry of Community, Aboriginal, and Women’s Services

1993, BC government and Summit approved treaty negotiations BC Treaty Commission (BCTC) formed in 1992 agreement between federal government, BC government and First Nations Summit (members represent majority of First Nations in BC) 1993, BC government and Summit approved treaty negotiations 1995 federal government officially recognized BCTC

Tripartite (3 party) meetings held representatives from federal government, BC government, and First Nations discuss what will be included in final treaty a First Nation is a group which representing an Aboriginal group within their traditional territory and has the approval of its constituents to negotiate Summit group is an umbrella group bringing all nations participating in negotiations together treaty negotiations are government-to-government 3 types of First Nations governing bodies traditional governance based on hereditary leadership or traditional system individual band established under Indian Act tribal councils – bands together within traditional territories of on First Nation most common negotiations involve hundreds of meetings among the representatives of the 3 parties

Creating a Treaty: Steps and Process

THE CREATION OF THE NISGA’A LISIMS GOVERNMENT never gave up struggle for sovereignty of own land took over 115 years to achieve finally saw self-government in 2000 long journey and many obstacles Frank Calder ran in provincial election 1949 President of Nisga’a Land Committee Nisga’a land claims to court in 1976 (Calder Case) under federal comprehensive claims policy negotiations took nearly 25 years

making progress on own treaty stayed outside of BC Treaty Commission in 1990s making progress on own treaty had opposition from public and some Nisga’a people – giving up too much widely supported by most Nisga’a people and passed through BC government, federal government and Senate royal assent 2000 first modern day treaty in BC first treaty since Treaty 8 in 1899

what did they gain? primarily self-government full control of a portion of their traditional territories 2,019 square km financial compensation for the rest of their lands cash settlement - $196.1 million to be paid out over 15 years other features $37.5 million paid for lost revenues from forest resources support for initiatives in managing fisheries and forestry resources

ALTERNATIVES TO THE TREATY PROCESS some nations not joined in treaty process or opted out looking for other options in reaching settlements Interior Nations Alliance composed of 6 nations collectively support each other in developing alternative process that would not involve extinguishing Aboriginal title for reduced treaty rights

DIRECT ACTION throughout history protested peacefully and with dignity attempted to meet with politicians on nation-to-nation basis however, anger and frustration with the persistent struggle has resulted in some groups taking direct action usually in form of blockading a road or access route public demonstration by blockading logging road, public highway or railway track resolve of all members of the community demonstrates undying commitment

Native Youth Movement emerged as strong militant voice for land claims and other issues developed in Vancouver in 1990s by young urban Aboriginals 1997 occupation of the BCTC offices 30 Aboriginal youth spent 2 days and a night in the office, protesting lack of representation by youth in treaty process supported Secwepemc Nation in protest at Sun Peaks ski resort helping to protect Aboriginal title

THE 2002 PROVINCIAL REFERENDUM 2001 Liberal government promised to hold referendum on treaty negotiation process not supported by First Nations referendum cost $9 million and put treaty process on hold First Nations organizations rejected idea of referendum and wording of questions put to public Hupacasath Nation filed motion before Supreme Court of BC to have language of referendum declared unconstitutional court dismissed the case

First Nations organizations actively boycotted the referendum less than 36% of the voting population responded First Nations organizations actively boycotted the referendum despite low voter response, Premier Gordon Campbell called referendum a milestone in treaty-making in BC of voters who sent in ballots, majority in favour of province’s questions government said this was an overwhelming support for its statements of principles for conducting treaty negotiations ?? but do these results truly represent the majority ??