1. The Self-Determination of Aboriginal Peoples

2. Self-Determination + Self-Government  Of paramount importance to First Nation people in the 21 st Century is the principal goal of self- determination; to regain control of their lives, and the lands and resources that were taken away by colonization.

3. Self-Determination + Self-Government  Self-government is a key component in this struggle, and different forms of governing are being pursued by various First Nations in BC.

5. Self-Determination + Self-Government  What is meant by the term sovereignty?

6. Self-Determination + Self-Government  Sovereignty = having supreme authority; a nation that is sovereign is independent and free with the rights to a territory of its own.  The UN International Bill of Rights Declares:

7. Self-Determination + Self-Government  Indigenous people have the rights to self- determination, in accordance with international law by virtue of which they may freely determine their political status and institutions and freely pursue their economic, social and cultural development. An integral past of this is the right to autonomy and self-government.

8. Self-Determination + Self-Government  The 2007 UN Declaration on the Rights of Indigenous Peoples sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education and other issues.

9. Self-Determination + Self-Government  It also "emphasizes the rights of indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations".

10. Self-Determination + Self-Government  It "prohibits discrimination against indigenous peoples", and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".

11. Self-Determination + Self-Government  What is meant by the term nation?

12. Self-Determination + Self-Government  Nation = a group of people who share a common heritage, beliefs, culture and history and occupy a particular territory.

13. Self-Determination + Self-Government  What is the difference between self- determination and self- government?

14. Self-Determination + Self-Government  Self-determination = more encompassing, includes the ability to make decisions about political, economic, social and cultural development.

15. Self-Determination + Self-Government  Self-government = is the ability of a nation to decide and carry out its own governance.  The Canadian Constitution recognizes the inherent right of self-government.

16. Self-Determination + Self-Government  What is meant by the term Aboriginal Rights?

17. Self-Determination + Self-Government  Aboriginal Rights = the surrender of Aboriginal rights to lands an resources in exchanged for rights granted in a treaty.

18. Self-Determination + Self-Government  What is meant by the term treaty?

19. Self-Determination + Self-Government  Treaty = a solemn agreement negotiated between sovereign nations.  The BC Treaty Commission Office defines treaty as follows:

20. Self-Determination + Self-Government  A treaty is a negotiated agreement that will spell out the rights, responsibilities and relationships of First nations and the federal and provincial governments.

21. Self-Determination + Self-Government  The negotiation process is likely to deal with far- reaching issues such as land ownership, governance, wildlife and environmental management, sharing of resources, financial benefits and taxation.

22. Self-Determination + Self-Government  What is meant by the term extinguishment?

23. Self-Determination + Self-Government  Extinguishment = the surrender of Aboriginal rights to lands an resources in exchanged for rights granted in a treaty.

24. Self-Determination + Self-Government  What do you think of the fact that as of 2002, Canada still maintains extinguishment of title to land and resources is a condition of land settlement claims?

25. Self-Determination + Self-Government  First Nations communities have differing positions on the best way to settle land claims and achieve self-government.

26. Self-Determination + Self-Government  Nonetheless, the ability to exercise Aboriginal Rights is key to economic development in First Nations communities when working towards self-determination and self-government.

29. Models of Self-Government  There is more than one way that self- government can be put in place, since First Nations communities have varying needs and circumstances.

30. Models of Self-Government  For instance, the situation of the Musqueam, who are surrounded by the largest urban area in the province (Vancouver), is quite different from that of the Tahltan in the vast northwestern corner of the province.

31. Models of Self-Government  The 1996 Royal Commission on Aboriginal Peoples described three different models of self-government that First Nations may choose:  The Nation Government Model  The Public Government Model  The Community Model

32. Models of Self-Government  Using the additional handout to fill in the information using your text (pages 195 – 197) or this PPT’s slides on the 3 Models of Self- Government.

33. Models of Self-Government  The Nation Government Model = is based on an identified group of people, usually a band or a group of bands, that identify as a First Nation, with a traditional land base, controlling the local governance of their territories.

34. Models of Self-Government  A Nation Government Model of government would have a constitution that states, among other things, its beliefs and values, its areas of responsibility, and who can be a citizen.

35. Models of Self-Government  The governing body would have justification over certain lands that are past of its traditional territories.  It would also have responsibility for its members, who may or may not live in the territories.

36. Models of Self-Government  Land is an important issue in the Nation model style of government, since it will usually be the basis for the identity of the group.  Most treaty negotiations today are working towards a Nations Government model.

37. Models of Self-Government  The Public Government Model = includes all the people who live in a certain region, not just the First Nations people.  It has authority over everyone who lives within its boundaries, like other Canadian government such as a province or a municipality.

38. Models of Self-Government  However, the Public Government model incorporates traditional First Nations cultural values and practices throughout its jurisdiction.  An example of such government is Nunavut (created in 1999).

40. Models of Self-Government  This type of government could be put into practice in a region of a province if a band and local municipal government merged, or if existing local governments in a predominantly Métis communities were changed.

41. Models of Self-Government  The Community Government Model or Community of Interest Model = is a more limited type of government that might be used in places where people come from different First Nations but share common needs and interests.

42. Models of Self-Government  Members would share common needs and interests.  Members would join together voluntarily to take on specific responsibilities rather than an all- encompassing government structure.

43. Models of Self-Government  For instance, people might join together to form a body that will provide First Nations eduction or health services.  Certain factors would need to be in place for this type of model to work.

44. Models of Self-Government  There would need to be a large enough population willing to put it into practice and other levels of government would need to be willing to empower the Community of Interest government.

45. Models of Self-Government  Land is less of an issue with this type of government because its members would be from diverse backgrounds, they could not associate with one traditional territory.

46. Models of Self-Government  The Community of Interest Model would suit people living in cities, away from their home communities and reserves, who otherwise would not have access to self-government.

49. Vanguards of Self-Government  True and realized self-government is still in the future for most BC First Nations.  Two groups have been the vanguard of making self-government happen: the Sechelt and Nisga’a.

51. Sechelt First Nations + Self-Government  The Shishalh or Sechelt people live in a region called the Sunshine Coast (Gibsons, Sechelt, Powell River).  Their traditional territories include the islands and fjords (inlets) of Howe Sound.

55. Sechelt First Nations + Self-Government  Their reserve lands total more than 1,000 hectares.  The Sechelt Nation has a unique form of self- government, very much like municipal governments elsewhere in the province.

56. Sechelt First Nations + Self-Government  Even before their self-government solution was negotiated, the Sechelt people were well known for their enterprise, seeking to manage their own affairs in any way possible under the India Act.

57. Sechelt First Nations + Self-Government  In the 1970s and 1980s they decided that the only way to make social and economic improvements in their community was to forge a new relationship with government; they had to change the laws that governed them.

58. Sechelt First Nations + Self-Government  The leaders of the Sechelt Band made recommendations to the federal government about how the new laws should look and entered into negotiations with the DIA to create a blueprint for self-government.

59. Sechelt First Nations + Self-Government  Instead of the band council system, the community was set up as a legal body with the same powers as other local governments, such as the ability to sell property, borrow money, and enter into contracts.

60. Sechelt First Nations + Self-Government  The legislation gave the community the power to create its own constitution.  The Sechelt Band would own its land in fee simple (owned completely) rather then the limited powers of the reserve system.

61. Sechelt First Nations + Self-Government  In September of 1986, the members of the Sechelt Band voted in favour of the self- government agreement.  The next month, Parliament passed the Sechelt Indian Band Governance Act.

62. Sechelt First Nations + Self-Government  The following April, the BC government unanimously passed a bill to give the Sechelt community municipal status.  As a result, the Sechelt people moved from federal government under the Indian Act to the provincial government under the Municipal Act.

63. Sechelt First Nations + Self-Government  At the same time as they were negotiating self- government, the Sechelt people began the land claim process, submitting their comprehensive land claim proposal in 1984.

64. Sechelt First Nations + Self-Government  Progress was inevitably slow, but the Sechelt Band was the first band in BC to have their framework agreement (Stage 2; readiness to negotiate) signed and also the first to have their agreement in principle/AIP (Stage 4; negotiation of an agreement in principle) signed.

65. Sechelt First Nations + Self-Government  The Sechelt were also the first to enter BCTC (BC Treaty Commission) Stage 5 in 1999 which is the negotiation to finalize a treaty; the treaty was initialed and signed.  Stage 6, the implementation of the treaty, is still in the works.

68. The Treaty Process  For over 130 years, BC First Nations have been seeking treaties to recognize their Aboriginal title and lands.  Finally, albeit incredibly and frustrating slowly, the treaty process in underway.

69. The Treaty Process  The first step was the Constitution Act of 1982, which recognized “existing Aboriginal and treaty rights.”  In 1986, the federal government conditionally agreed to negotiate treaties, but only under existing policies.

70. The Treaty Process  At this time, the BC government still would not recognize Aboriginal rights or entertain the idea of treaties.

71. The Treaty Process  This changed in 1989 when the province agreed to deal with Aboriginal issues and formed the Ministry for Aboriginal Affairs (later the Ministry for Community, Aboriginal, and Women’s Services and now the Ministry of Aboriginal Relations and Reconciliation).

72. The Treaty Process  The BCTC (BC Treaty Commission) was formed in 1992 through an agreement among the government of Canada, and the First Nations Summit, whose members represented the majority of First Nations in BC.

73. The Treaty Process  In 1993, both the First Nations Summit and the provincial legislature formally approved treaty negotiations, and in 1995, the federal government passed an act to officially recognize the BC Treaty Commission; both acts became effective in March 1996.

74. The Treaty Process  Tripartite (three-party) meetings are held with representatives and lawyers for each First Nation, the government of Canada, and the government of BC; the three parties discuss what will be in the final treaty.

75. The Treaty Process  There are six steps in the BC treaty process (see page 198 in your texts): Stages 1 – 6.  What do you notice?

77. The Treaty Process  According to Section 1.1 in the BCTC Agreement, a First Nations is “an aboriginal governing body, however organized and established by aboriginal people within the traditional territory in BC, which has been mandated by its constituents on enter into treaty negotiations on their behalf with Canada and BC.”

78. The First Nations Summit  The First Nations Summit is an umbrella group that brings together all those nations participating in treaty negotiations.  However, treaty negotiations are conducted on a government to government basis.

79. The First Nation Governing Bodies  There are three different types of First Nations governing bodies that participate in the treaty process: traditional government, bands, and tribal councils.

80. The First Nation Governing Bodies  Some groups are defined as traditional government whose political organization is based on hereditary leadership or other traditional systems.

81. The First Nation Governing Bodies  In other cases, an individual band established under the Indian Act is negotiating on its own.  Most negotiating groups are tribal councils which bring together the bands within the traditional territories of one First Nation.

82. The First Nation Governing Bodies  Approximately, 50 separate negotiating groups have filed treaty claims.  The negotiations involve hundreds of meetings among the representatives for the three parties.

85. Nisga’a Lisims Nations Self-Government  For over 135 years, the Nisga’a have resisted the imposition of reserves and never gave up their struggle to have sovereignty over the traditional territories.

86. Nisga’a Lisims Nations Self-Government  In 2000 Nisga’a citizens finally saw the dream of self-government in their own territories become a reality with the creation of the Nisga’a Final Agreement.

89. Nisga’a Lisims Nations Self-Government  The Nisga’a had a very long canoe journey before arriving at self-government.  At every attempt to make their case, the chiefs were ignored or had obstacles put in their way.

90. Nisga’a Lisims Nations Self-Government  Then in 1949, Frank Calder took advantage of the new laws permitting First Nations people not only to vote in provincial elections, but to run as candidates.

91. Nisga’a Lisims Nations Self-Government  Calder ran for the CCF (Co-operative Commonwealth Federation) the predecessor to the NDP and was elected to represent Atlin in the BC legislature.

92. Nisga’a Lisims Nations Self-Government  He was also the president of the Nisga’a Land Committee (changed to Nisga’a Tribal Council)and it was in his name the Nisga’a tool the question of Aboriginal title to land to court in 1973.

93. Nisga’a Lisims Nations Self-Government  In 1976, the Nisga’a seized the first opportunity to present their land claims case under the federal government’s comprehensive claims policy; the negotiations would take 25 years.

94. Nisga’a Lisims Nations Self-Government  When the BCTC began in the 1990s, the Nisga’a decided to stay out of that process, as they were already progressing on their own.

95. Nisga’a Lisims Nations Self-Government  The treaty negotiations and the treaty itself were widely supported by most Nisga’a citizens and passed through both provincial and federal parliaments, including the final government body, the Senate.

96. Nisga’a Lisims Nations Self-Government  It received Royal Assent (formal passing of a bill by the Governor General of Canada) in 2000 and became law.  The Nisga’a Treaty was the first modern day treaty entered into BC – the first since Treaty 8 was signed in 1899.

97. Nisga’a Lisims Nations Self-Government  The Nisga’a gained self-government, full control of a portion of their traditional territories, and financial compensation for the rest of their lands.

98. Nisga’a Lisims Nations Self-Government  The cash settlement was $196.1 million, to be paid over fifteen years.  The land amounted to 2,019 square kilometres.

99. Nisga’a Lisims Nations Self-Government  Other features included a sum of $37.5 million paid for lost revenues from the forest resources on Nisga’a land.

100. Nisga’a Lisims Nations Self-Government  There was support for initiatives in managing and seeing economic benefit from Nisga’a fisheries and forestry resources, such as $10.3 million towards the Lisims Fisheries Conservation Trust to support fisheries science.

103. Alternatives to the Treaty Process  Some nations have not joined the treaty process and others have recently opted out.  They look for different approaches to reaching settlement.

104. Alternatives to the Treaty Process  The leading group in seeking alternatives is the Interior Nations Alliance.  Their spokesperson is Chief Arthur Manuel, son of George Manuel.

105. Alternatives to the Treaty Process  The Interior Nations Alliance is composed of six First Nations: Southern Carrier, Tsilhqot’in, St’at’imc, Secwepemc (Shuswap), Nlaka’pamux, and Okanagan.

106. Alternatives to the Treaty Process  They collectively support each another in developing an alternative process to the BC treaty process; one that would not involve the extinguishment of Aboriginal title in exchange for reduced treaty rights.

108. Direct Action + Native Youth Movement  Frustration and anger with the persistent struggle for recognition of rights and title have resulting in some groups and nations taking direct action, which has usually been in the form of blocking a road of access route.

109. Direct Action + Native Youth Movement  Typically a band or community with a particular and significant grievance, having tried every other avenue of change, enacts a public demonstration by blocking a logging road, public highway, or railway track.

110. Direct Action + Native Youth Movement  The resolve of all the members of the community, from youth to Elders, to stand their ground, demonstrates the underlying commitment to achieve recognition of what they believe is owned to them.

111. Direct Action + Native Youth Movement  In recent year, the Native Youth Movement, has emerged as a strong, militant (warrior) voice for land claims and other issues.

112. Direct Action + Native Youth Movement  The movement developed in Vancouver in the 1990s as young urban Aboriginals who felt excluded from the treaty process formed and informal association.

113. Direct Action + Native Youth Movement  One of their first actions was the occupation of the BCTC office in 1997.  30 Aboriginals spend 2 days and a night in the downtown Vancouver offices, protesting he lack of representation by youth in the treaty process.

114. Direct Action + Native Youth Movement  The Native Youth Movement has also supported the Secwepemc (Shuswap) Nation in their protest at the Sun Peaks Ski Resort development near Kamloops.

115. Direct Action + Native Youth Movement  More recently, the Native Youth Movement has protested again the 2010 Olympics in Vancouver and has been an integral part of the Idle No More movement.

118. Referendum on Treaty Negotiations  In 2001, when the Liberal government was elected in BC, they promised to hold a province- wide referendum on the treaty negotiation process.  The referendum was controversial from the beginning to the end.

119. Referendum on Treaty Negotiations  First Nations opposed it and received support from many non-Aboriginal organizations, including churches, labour unions, environmental groups, as well as many individual British Columbians.

120. Referendum on Treaty Negotiations  The referendum was conducted by mail at a cost of $9 million.  The treaty process during the referendum was put on hold; it has been underway since1990.

121. Referendum on Treaty Negotiations  First Nations organizations in BC and the rest of Canada rejected the referendum idea and the wording of the question.  Lawyers for the UBCIC (Union of BC Indian Chiefs) stated that it was unconstitutional and perpetuated a colonial relationship.

122. Referendum on Treaty Negotiations  The Hupacasath Nation in Alert Bay filed a motion before the Supreme Court of BC to have the language of the referendum declared unconstitutional.  The courts dismissed the case shortly before the results were announced.

123. Referendum on Treaty Negotiations  The First Nations Summit, among other Aboriginal organizations, denounced the referendum on the grounds of the rights of a minority should never be subject to the whim of the majority.

124. Referendum on Treaty Negotiations  In addition, they objected to that the referendum questions failed to make any reference to the Crown’s obligation to do justice after more than a century of denying Aboriginal rights and title.

125. Referendum on Treaty Negotiations  In April of 2002 Elections BC mailed out over 2.12 million referendum packages to registered voters.  A total of 736,480 ballots were returned; less than 36% of the voting population choose to respond.

126. Referendum on Treaty Negotiations  Voters were encourage to actively boycott the referendum, by the UBCIC and other First nations organizations, though mailing unsigned ballots to specific collection points.

127. Referendum on Treaty Negotiations  They collected over 28,000 ballots which they disposed of at public ceremonies.  A substantive majority of more than 1.5 million British Columbians choose to boycott or spoil their ballots.

128. Referendum on Treaty Negotiations  Despite the low voter response, Liberal Premier Gordon Campbell called the referendum an incredible milestone in the history of treaty- making in BC and an unprecedented act of direct democracy.

129. Referendum on Treaty Negotiations  Of the voters who sent in ballots, the majority were in favor of the province’s questions.  Over 80 per cent of those ballots indicated agreement with all eight principles/questions.

130. Referendum on Treaty Negotiations  See page 206 in your textbooks to view the 2002 referendum questions on the treaty negotiation process.  What do you notice?

131. Referendum on Treaty Negotiations  1. Private property should not be expropriated for treaty settlements. (Yes/No)  2. The terms and conditions of leases and licences should be respected; fair compensation for unavoidable disruption of commercial interests should be ensured. (Yes/No)  3. Hunting, fishing and recreational opportunities on Crown land should be ensured for all British Columbians. (Yes/No)

132. Referendum on Treaty Negotiations  4. Parks and protected areas should be maintained for the use and benefit of all British Columbians. (Yes/No)  5. Province-wide standards of resource management and environmental protection should continue to apply. (Yes/No)  6. Aboriginal self-government should have the characteristics of local government, with powers delegated from Canada and British Columbia. (Yes/No)

133. Referendum on Treaty Negotiations  7. Treaties should include mechanisms for harmonizing land use planning between Aboriginal governments and neighbouring local governments. (Yes/No)  8. The existing tax exemptions for Aboriginal people should be phased out. (Yes/No)  Voters were also told that, for each principle, a Yes vote would compel the provincial government to adopt the principle in treaty negotiations, while a No vote would mean that the government was not bound to adopt the principle when taking part in treaty negotiations.

134. Referendum on Treaty Negotiations  It remains to be seen what impact the referendum will have on treaty negotiations with BC First Nations.

137. Modern Day Treaty Negotiations  Modern Treaties represent nation-to-nation and government-to-government relationships between an Aboriginal signatory, the Government of Canada and in some cases, a province or territory.

138. Modern Day Treaty Negotiations  They are intended to further define and recognize the Aboriginal land and resource rights of the Aboriginal signatory, and to meaningfully improve the social, cultural, political and economic well-being of the Aboriginal people concerned.

139. Modern Day Treaty Negotiations  At the same time, these agreements provide all signatories with a mutual foundation for the beneficial and sustainable development and use of Aboriginal peoples’ traditional lands and resources.

140. Modern Day Treaty Negotiations  Modern treaties address such matters as:  Ownership and use of lands, waters and natural resources, including the subsurface;  Management of land, waters, and natural resources, including fish and wildlife;

141. Modern Day Treaty Negotiations  Harvesting of fish and wildlife;  Environmental protection and assessment;  Economic development;  Employment;

142. Modern Day Treaty Negotiations  Government contracting;  Capital transfers;  Royalties from resource development;  Impact benefit agreements;

143. Modern Day Treaty Negotiations  Parks and conservation areas;  Social and cultural enhancement;  The continuing application of ordinary Aboriginal and other general programming and funds; and  Self-government and public government arrangements.

144. Historical Treaties in Canada = Number Treaties

146. Modern Day Treaty Negotiations  See the additional handouts for current treaty negotiation information:  Nations List in Treaty Negotiations  Negotiation Update: The Stages  What do you notice?

148. Chapter 13 Assignments  See the additional handouts for Chapter 13 assignments:  Ch 13 Vocab (as a class)  Ch 13 Review Questions (individually)