It could kick-start treaty negotiations in B.C.
Canada, B.C. and First Nations Summit officials have together hammered out a new sa国际传媒渞ights-basedsa国际传媒� for treaty negotiations in B.C. to replace the previous one-size-fits-all approach.
The sa国际传媒楻ecognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbiasa国际传媒� policy will usher in a new way of dealing with treaties.
sa国际传媒淚tsa国际传媒檚 a substantive transformation,sa国际传媒� said Carolyn Bennett, federal minister of Crown-Indigenous Relations in a phone interview. sa国际传媒淚t felt historic because it means no longer do people have to surrender their rights in order to get out from under the Indian Act.sa国际传媒�
Terry Horne, chief of Yakweakioose First Nation near Chilliwack, said his community is part of the six- member St贸:l艒 Xwexwilmexw Treaty Association, which is at Stage 5 in the treaty process.
sa国际传媒淚tsa国际传媒檚 all good stuff, and itsa国际传媒檚 what we had during our negotiations,sa国际传媒� said Chief Horne about the rights-based approach. sa国际传媒淭he big change is not having to extinguish rights and title to enter the process got put back on the table.sa国际传媒�
Although the SXTA expects to sign a final agreement within the next five years, and this new policy could help other Indigenous groups.
sa国际传媒淚t does set some standards,sa国际传媒� said Horne. sa国际传媒淲hen we were in negotiations, we were pushing these same boundaries, which were groundbreaking, and were the first.sa国际传媒�
The new policy was co-developed by treaty principals sa国际传媒� Canada, the First Nations Summit and British Columbia sa国际传媒� to offer guidance on how treaties, agreements and other arrangements are to be negotiated, consistent with the constitution, and commitments to implement the UN Declaration on the Rights of Indigenous Peoples in B.C., as well as international law, Indigenous laws and legal orders.
With the federal budget of 2019 containing provisions for forgiving treaty loans, the new policy could also be incentive for those who left the treaty process or never entered to begin with, Minister Bennett said.
The new policy sa国际传媒渃lears the waysa国际传媒� for recognition of Indigenous rights and title, including self-determination, and could lead to restoring trust in the process, said Robert Phillips, a member of the First Nations Summit political executive.
sa国际传媒淚 think this will be very significant in making progress in treaty negotiations,sa国际传媒� Phillips said, calling it sa国际传媒渁 breakthrough, and a step toward reconciliation.sa国际传媒�
There might be some naysayers but he urges them to look closely at whatsa国际传媒檚 in the policy.
The central feature is basing negotiations on the recognition and continuation of rights without those rights being modified, surrendered or extinguished when a treaty is signed.
sa国际传媒淔rom this recognition, and more importantly the implementation of this new approach, it will foster more of a relationship between First Nations and the Crown. Parties would enter negotiations in the past and it was like a divorce. This is more of a relationship,sa国际传媒� said Phillips.
It could help address longstanding issues that became obstacles as the treaty policy stalled over the years.
sa国际传媒淲e look forward to the breakthroughs that should result from these long-awaited innovations,sa国际传媒� he added.
It also includes commitments to address shared or overlapping territories, and to respect the rights of Indigenous groups not participating in the B.C. treaty process.
A made-in-B.C. treaty negotiations process was created in 1992. Since then, 11 First Nations in B.C. have reached modern treaties with self-government and 28 First Nations groups are now in the advanced stages of negotiation.
READ MORE:
jfeinberg@theprogress.com
Like us on and follow us on .
