GREATER VANCOUVER REGIONAL DISTRICT ABORIGINAL RELATIONS COMMITTEE

REGULAR MEETING

Wednesday, February 2, 2017 1:00 p.m. 2nd Floor Boardroom, 4330 Kingsway, Burnaby, British Columbia.

A G E N D A1

1. ADOPTION OF THE AGENDA

1.1 February 2, 2017 Regular Meeting Agenda That the Aboriginal Relations Committee adopt the agenda for its regular meeting scheduled for February 2, 2017 as circulated.

2. ADOPTION OF THE MINUTES

2.1 October 6, 2016 Regular Meeting Minutes That the Aboriginal Relations Committee adopt the minutes of its regular meeting held October 6, 2016 as circulated.

3. DELEGATIONS

4. INVITED PRESENTATIONS

4.1 Celeste Haldane, Acting Chief Commissioner, and Tom Happynook, Commissioner, BC Treaty Commission Subject: 2016 Annual Report – BC Treaty Commission

5. REPORTS FROM COMMITTEE OR STAFF

5.1 2017 Aboriginal Relations Committee Priorities and Work Plan Designated Speaker: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor That the Aboriginal Relations Committee endorse the work plan as presented in the report dated January 23, 2017 titled “2017 Aboriginal Relations Committee Priorities and Work Plan.”

1 Note: Recommendation is shown under each item, where applicable. . ARC - 1 5.2 Appointment of the 2017 Local Government Treaty Table Representatives to the Katzie and Tsleil-Waututh Negotiations Designated Speaker: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor That the Board appoint: a) ______as the local government treaty table representative to the Katzie negotiations for 2017. b) ______as the local government treaty table representative to the Tsleil-Waututh negotiations for 2017.

5.3 Appointment of Metro Vancouver’s 2017 Representative to the UBCM First Nations Relations Committee Designated Speaker: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor That the Board appoint the Chair or Vice-Chair of Metro Vancouver’s Aboriginal Relations Committee to the Union of British Columbia Municipalities’ (UBCM) First Nations Relations Committee for 2017.

5.4 Appointment of an Observer to the Fraser Valley Aboriginal Relations Committee Meetings for 2017 Designated Speaker: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor That the Board appoint ______as the Metro Vancouver Aboriginal Relations Committee observer to the Fraser Valley Aboriginal Relations Committee meetings for 2017.

5.5 Manager’s Report Designated Speaker: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor That the Aboriginal Relations Committee receive for information the report dated January 18, 2017 titled “Manager’s Report.”

6. INFORMATION ITEMS

6.1 2016 Annual Report. BC Treaty Commission.

6.2 Correspondence dated December 16, 2016 from Kristen Clark, Director of Legislative and Corporate Services, Squamish-Lillooet Regional District, to Chris Plagnol, Corporate Officer, Metro Vancouver, re: 2017 Squamish-Lillooet Regional District Representative.

6.3 Correspondence dated December 19, 2016 from Chris Plagnol, Corporate Officer, Metro Vancouver, to Barclay Pitkethly, Director of Regional Programs, Fraser Valley Regional District, re: 2017 Appointment of Non-Voting Members to the Metro Vancouver Aboriginal Relations Committee.

ARC - 2 Aboriginal Relations Committee Agenda Committee Meeting Date: February 2, 2017 Agenda Page 3 of 3

6.4 Correspondence dated December 19, 2016 from Chris Plagnol, Corporate Officer, Metro Vancouver, to Angie Legault, Manager of Legislative Services, Sunshine Coast Regional District, re: 2017 Appointment of Non-Voting Members to the Metro Vancouver Aboriginal Relations Committee.

6.5 Correspondence dated December 21, 2016, from Greg Moore, Chair, Metro Vancouver Board, to Chief Wayne Sparrow, Musqueam Indian Band re: Musqueam Indian Band’s Election Results.

6.6 Metro Vancouver’s Profile of First Nations. January 2017.

7. OTHER BUSINESS

8. BUSINESS ARISING FROM DELEGATIONS

9. RESOLUTION TO CLOSE MEETING Note: The Committee must state by resolution the basis under section 90 of the Community Charter on which the meeting is being closed. If a member wishes to add an item, the basis must be included below. That the Aboriginal Relations Committee close its regular meeting scheduled for February 2, 2017 pursuant to the Community Charter provisions, Section 90 (1) (m) as follows: “90 (1) A part of a meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following: (m) a matter that, under another enactment, is such that the public may be excluded from the meeting.”

10. ADJOURNMENT/TERMINATION That the Aboriginal Relations Committee adjourn/conclude its regular meeting of February 2, 2017.

Membership:

Steele, Barbara (C) – Surrey Hanson, Jim – North Vancouver District Non-Voting Members: Williams, Bryce (VC) – Tsawwassen Jackson, Lois – Delta TBA – Fraser Valley Regional Becker, John – Pitt Meadows Martin, Gayle – Langley City District Booth, Mary-Ann – West Vancouver Meggs, Geoff – Vancouver Crompton, Jack – Squamish- Dhaliwal, Sav – Burnaby Stevenson, Tim - Vancouver Lillooet Regional District Drew, Ralph – Belcarra Zarrillo, Bonita – Coquitlam Lewis, Lorne - Sunshine Coast Fox, Charlie – Langley Township Regional District

20281497 ARC - 3 2.1

GREATER VANCOUVER REGIONAL DISTRICT ABORIGINAL RELATIONS COMMITTEE

Minutes of the Regular Meeting of the Greater Vancouver Regional District (GVRD) Aboriginal Relations Committee held at 1:05 p.m. on Thursday, October 6, 2016 in the 2nd Floor Boardroom, 4330 Kingsway, Burnaby, British Columbia.

MEMBERS PRESENT: Chair, Councillor Barbara Steele, Surrey Vice Chair, Mayor Nicole Read, Maple Ridge Councillor Mary-Ann Booth, West Vancouver Councillor Sav Dhaliwal, Burnaby Councillor Charlie Fox, Langley Township Councillor Jim Hanson, North Vancouver District Councillor Gayle Martin, Langley City Councillor Geoff Meggs, Vancouver

MEMBERS ABSENT: Mayor John Becker, Pitt Meadows Mayor Ralph Drew, Belcarra Mayor Lois Jackson, Delta Chief Bryce Williams, Tsawwassen Councillor Bonita Zarrillo, Coquitlam

OTHERS PRESENT: Director Lorne Lewis, Sunshine Coast Regional District*

STAFF PRESENT: Ralph Hildebrand, General Manager, Legal and Legislative Services/Corporate Counsel Carol Mason, Chief Administrative Officer Janis Knaupp, Assistant to Regional Committees, Board and Information Services

1. ADOPTION OF THE AGENDA

1.1 October 6, 2016, Regular Meeting Agenda

It was MOVED and SECONDED That the Aboriginal Relations Committee adopt the agenda for its regular meeting scheduled for October 6, 2016, as circulated. CARRIED

* Non-voting members from Fraser Valley, Squamish-Lillooet and Sunshine Coast Regional Districts do not constitute quorum.

ARC - 4 2. ADOPTION OF THE MINUTES

2.1 February 4, 2016, Regular Meeting Minutes

It was MOVED and SECONDED That the Aboriginal Relations Committee adopt the minutes of its regular meeting held February 4, 2016, as circulated. CARRIED

3. DELEGATIONS No items presented.

4. INVITED PRESENTATIONS

4.1 Allyson Rowe, Associate Regional Director General, Indigenous and Northern Affairs Canada Allyson Rowe, Associate Regional Director General, Indigenous and Northern Affairs Canada (INAC), provided members with a presentation on effective partnerships with municipalities, highlighting municipal type service agreements, challenges and opportunities, changes to Additions to Reserve (ATR) policy, the Union of British Columbia Municipalities and First Nations Summit Community to Community (C2C) Forum, Urban Aboriginal Strategy, and federal interest in reconciliation efforts.

In response to questions, member were informed about: • INAC funding for Aboriginal Peoples to support municipal services, and reporting requirements for funding provided • the need to streamline the individual ATR application process • no minimum lot size requirements as part of ATR criteria • federal interest to examine opportunities to support urban Aboriginal Peoples

Members suggested that INAC provide clarity to local governments on the status of the Urban Aboriginal Strategy expiring in March 2017, and identify government roles and responsibilities and strategies for future funding initiatives.

Presentation material titled “Effective Partnerships with Municipalities” is retained with the October 6, 2016 Aboriginal Relations Committee agenda.

4.2 Anita Boscariol, Director General, Negotiations West, Indigenous and Northern Affairs Canada Anita Boscariol, Director General, Negotiations West, Indigenous and Northern Affairs Canada, provided members with a verbal update on developments in treaty negotiations in BC highlighting stages of various treaty negotiations for First Nations located in the Metro Vancouver and lower mainland regions, treaty stakeholders, the multi-lateral engagement process, and Truth and Reconciliation

Minutes of the Regular Meeting of the GVRD Aboriginal Relations Committee held on Thursday, October 6, 2016 Page 2 of 6 ARC - 5 Report recommendations in terms of exploring process efficiencies and new approaches to commencing land and cash offers, and exploring First Nations rights and mandate development.

In response to questions, members were informed about the establishment of a working group to examine Truth and Reconciliation Commission recommendations and about the status of the appointment of the Commissioner for the BC Treaty Commission.

5. REPORTS FROM COMMITTEE OR STAFF

5.1 2017 Budget and Annual Work Plan – Aboriginal Relations Report dated September 21, 2016 from Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor, presenting the 2017 Aboriginal Relations Budget and Work Plan for consideration by the Aboriginal Relations Committee.

Comments were offered about consideration being given to exploring opportunities to develop performance indicators to track Metro Vancouver efforts related to reconciliation.

It was MOVED and SECONDED That the Aboriginal Relations Committee endorse the 2017 Aboriginal Relations Work Plan and Budget as presented in the report “2017 Budget and Annual Work Plan – Aboriginal Relations”, dated September 21, 2016, and forward them to the Board Budget Workshop on October 21, 2016, for consideration. CARRIED

5.2 Supreme Court of Canada Decision on the status of Metis and Non Status Indians Report dated April 25, 2016 from Marino Piombini, Supervisor, Aboriginal Relations, Legal and Legislative Services, informing about the April 2016 Supreme Court of Canada decision on the status of Métis and non-status Indians.

It was MOVED and SECONDED That the Aboriginal Relations Committee receive for information the report dated April 25, 2016, titled “Supreme Court of Canada Decision on the Status of Métis and Non-Status Indians.” CARRIED

5.3 Metro Vancouver’s Reconciliation Activities Report dated September 12, 2016 from Marino Piombini, Supervisor, Aboriginal Relations, Legal and Legislative Services, providing examples of Metro Vancouver’s Reconciliation activities.

Minutes of the Regular Meeting of the GVRD Aboriginal Relations Committee held on Thursday, October 6, 2016 Page 3 of 6 ARC - 6 It was MOVED and SECONDED That the Aboriginal Relations Committee receive for information the report dated September 12, 2016, titled “Metro Vancouver’s Reconciliation Activities.” CARRIED

5.4 An Analysis of the Multilateral Engagement Report on Improving and Expediting Treaty Negotiations in British Columbia Report dated August 12, 2016 from Agnes Rosicki, Senior Policy Analyst, Aboriginal Relations, Legal and Legislative Services, providing, for information, an overview of the May 24, 2016 report titled, “Multilateral Engagement Process to Improve and Expedite Treaty Negotiations in British Columbia Report – Proposals for the Principals’ Consideration”.

It was MOVED and SECONDED That the Aboriginal Relations Committee receive for information the report dated August 12, 2016, titled “An Analysis of the Multilateral Engagement Report on Improving and Expediting Treaty Negotiations in British Columbia.” CARRIED

5.5 Manager’s Report Report dated September 12, 2016 from Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor, updating the Aboriginal Relations Committee on: Musqueam Indian Band’s Addition to Reserve, observers at the Aboriginal Relations Committee; National Energy Board decision on the proposed Kinder Morgan Trans-Mountain pipeline; Municipal Technical Advisory Committee on Aboriginal Relations (MTAC) workshop on consulting and engaging with First Nations; 2016 Metro Vancouver-Squamish Nation Community-to-Community (C2C) Forum; report release on reconciliation with Métis; federal government inquiry into Missing and Murdered Indigenous Women and Girls; Metro Vancouver staff Lunch-and-Learn session on Reconciliation and Orange Shirt Day; postponement of the UBCM-First Nations Summit province-wide C2C Forum; Business Council of BC and BC Assembly of First Nations Memorandum of Understanding; new policy directive on Additions to Reserve/Reserve Creation released by the federal government; and the Aboriginal Relations Committee 2016 Work Plan.

Members were requested to encourage their respective municipal staff to participate in MTAC meetings. During a discussion about Metro Vancouver’s staff Lunch-and-Learn session, members suggested that consideration be given to sharing with MTAC examples of Reconciliation activities that local government staff could undertake.

It was MOVED and SECONDED That the Aboriginal Relations Committee receive for information the report dated September 12, 2016, titled “Manager’s Report.” CARRIED

Minutes of the Regular Meeting of the GVRD Aboriginal Relations Committee held on Thursday, October 6, 2016 Page 4 of 6 ARC - 7 6. INFORMATION ITEMS

It was MOVED and SECONDED That the Aboriginal Relations Committee receive for information the following Information Items: 6.1 Truth and Reconciliation Commission of Canada Summary Report on Indian Residential Schools - correspondence dated January 21, 2016 from John Rustad, Honourable Minister of Aboriginal Relations and Reconciliation, addressed to Greg Moore, Chair, Metro Vancouver Board 6.2 Katzie’s Ecological Restoration Workshop - correspondence dated March 7, 2016, from Jamie Vala, Regional Parks Central Area Division Manager, Regional Parks, addressed to Debbie Miller, Chief Negotiator, Katzie First Nation 6.3 Katzie First Nation Election Results - correspondence dated March 8, 2016, from Barbara Steele, Chair, Aboriginal Relations Committee, addressed to Chief Susan Miller and members of Council, Katzie First Nation 6.4 Tsawwassen First Nation Election Results - correspondence dated April 14, 2016, from Greg Moore, Chair, Metro Vancouver Board, addressed to Chief Bryce Williams and members of the Executive Council and the Legislature, Tsawwassen First Nation 6.5 BC Treaty Commission Update – Fall 2016 CARRIED

7. OTHER BUSINESS No items presented.

8. BUSINESS ARISING FROM DELEGATIONS No items presented.

9. RESOLUTION TO CLOSE MEETING

It was MOVED and SECONDED That the Aboriginal Relations Committee close its regular meeting scheduled for October 6, 2016, pursuant to the Community Charter provisions, Section 90 (1) (g), (i), and (m) as follows: “90 (1) A part of the meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following: (g) litigation or potential litigation affecting the regional district; (i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (m) a matter that, under another enactment, is such that the public may be excluded from the meeting.” CARRIED

Minutes of the Regular Meeting of the GVRD Aboriginal Relations Committee held on Thursday, October 6, 2016 Page 5 of 6 ARC - 8 10. ADJOURNMENT/CONCLUSION

It was MOVED and SECONDED That the Aboriginal Relations Committee adjourn its regular meeting of October 6, 2016. CARRIED (Time: 2:33 p.m.)

______Janis Knaupp, Barbara Steele, Chair Assistant to Regional Committees

19564826 FINAL

Minutes of the Regular Meeting of the GVRD Aboriginal Relations Committee held on Thursday, October 6, 2016 Page 6 of 6 ARC - 9 5.1

To: Aboriginal Relations Committee

From: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor

Date: January 23, 2017 Meeting Date: February 2, 2017

Subject: 2017 Aboriginal Relations Committee Priorities and Work Plan

RECOMMENDATION That the Aboriginal Relations Committee endorse the work plan as presented in the report dated January 23, 2017 titled “2017 Aboriginal Relations Committee Priorities and Work Plan.”

PURPOSE To provide the Aboriginal Relations Committee with the priorities and work plan for the year 2017.

BACKGROUND At its October 6, 2016 meeting, the Aboriginal Relations Committee endorsed the 2017 Business Plan and Budget for the Aboriginal Relations function, which served as the basis the 2017 Budget approved by the GVRD Board on October 28, 2016. The 2017 Business Plan included a list of key actions that has been used to develop the Aboriginal Relations Committee’s work plan presented in this report.

The work plan presented in this report is consistent with the Aboriginal Relations Committee’s Terms of Reference (Attachment 2) and with the Board Strategic Plan and is being brought forward for the Committee’s information and endorsement.

2017 WORK PLAN The Aboriginal Relations Committee is the standing committee of the Metro Vancouver Board that provides advice and recommendations on policies, bylaws, plans, programs, budgets and issues related to the Aboriginal Relations Committee function.

Key actions in the 2017 work plan for the Committee are described below and listed according to the Committee responsibilities in its Terms of Reference.

• Appoint local government representatives to the Katzie and Tsleil-Waututh negotiation tables. • Appoint a representative to the UBCM First Nations Relations Committee. • Appoint an observer to the Fraser Valley Aboriginal Relations Committee. • Review policies with respect to Metro Vancouver’s engagement and working relationships with First Nations. • Provide updates, when available, on federal and provincial legislative initiatives that may affect local governments’ relationships with First Nations. • Liaise with UBCM First Nations Relations Committee (with updates as needed and when available).

ARC - 10 2017 Aboriginal Relations Committee Priorities and Work Plan Aboriginal Relations Committee Meeting Date: February 2, 2017 Page 2 of 2

• Participate in active treaty table meetings in the region as part of the provincial negotiating teams. • Provide quarterly progress reports on treaty negotiations. • Update Metro Vancouver’s Profile of First Nations. • Co-host an event with First Nations’ elected leaders (e.g. Community to Community Forum, workshop, etc.). • Host an event involving staff from First Nations and local government administrations (e.g. to discuss First Nation engagement). • Review the 2018 Aboriginal Relations budget.

The 2017 work plan for the Aboriginal Relations Committee is provided in Attachment 1, including the expected time frame for reports to this Committee. The Committee will be updated on the status of the actions and projects in this work plan on a quarterly basis as per the Committee’s schedule.

ALTERNATIVES 1. That the Aboriginal Relations Committee endorse the work plan as presented in the report dated January 23, 2017, titled “2017 Aboriginal Relations Committee Priorities and Work Plan.” 2. That the Aboriginal Relations Committee endorse the work plan as presented in the report dated January 23, 2017, titled “2017 Aboriginal Relations Committee Priorities and Work Plan” with the amendments provided at the Aboriginal Relations Committee’s February 2, 2017 meeting.

FINANCIAL IMPLICATIONS The priorities in the 2017 work plan of the Aboriginal Relations Committee are consistent with the 2017 Budget approved by the GVRD Board on October 28, 2016 and with key actions included in the 2017 Business Plans.

SUMMARY / CONCLUSION The work plan presented in this report conveys the priorities for the Aboriginal Relations Committee in 2017 and is consistent with its Terms of Reference and the 2017 Budget approved by the GVRD Board. Staff recommends that Alternative 1 be approved.

Attachment: 1. Aboriginal Relations Committee 2017 Work Plan 2. Aboriginal Relations Committee Terms of Reference

20279713

ARC - 11 ATTACHMENT 1

Aboriginal Relations Committee 2017 Work Plan Report Date: January 17, 2017

Priorities 1st Quarter Status Invited presentation on BC Treaty Committee’s 2016 Annual Report In Process Appoint local government representatives to the Katzie and Tsleil-Waututh treaty In Process tables Appoint a representative to the UBCM First Nations Relations Committee In Process Appoint an observer to the Fraser Valley Aboriginal Relations Committee In Process Provide updates, as and when available, on federal and provincial legislative In Process initiatives that may affect local governments’ relations with First Nations Liaise with the UBCM First Nations Relations Committee In Process Provide quarterly progress reports in treaty negotiations In Process Update Metro Vancouver’s Profile of First Nations In Process 2nd Quarter Co-host an event involving First Nation elected leaders (e.g. Community to In Process Community Forum) Review Policies with respect to Metro Vancouver’s Engagement and Working In Process Relationships with First Nations Provide updates, as and when available, on federal and provincial legislative Pending initiatives that may affect local governments’ relations with First Nations Liaise with the UBCM First Nations Relations Committee Pending Provide quarterly progress reports in treaty negotiations Pending 3rd Quarter Provide updates, as and when available, on federal and provincial legislative Pending initiatives that may affect local governments’ relations with First Nations Liaise with the UBCM First Nations Relations Committee Pending Provide quarterly progress reports in treaty negotiations Pending 4th Quarter Invited Presentation on the Status of Treaty Negotiations (Provincial Treaty Pending Teams) Host an event involving staff of First Nation and local government administrations Pending (e.g. to discuss First Nations engagement) Provide updates, as and when available, on federal and provincial legislative Pending initiatives that may affect local government’s relations with First Nations Liaise with the UBCM First Nations Relations Committee Pending Provide quarterly progress reports in treaty negotiations Pending Review the 2018 Aboriginal Relations budget Pending

ARC - 12 ATTACHMENT 2

Aboriginal Relations Committee Terms of Reference

The Aboriginal Relations Committee is the standing committee of the Metro Vancouver Board that provides advice and recommendations on policies, plans, programs, budgets and issues related to treaty negotiations and the broader Aboriginal Relations function.

Committee Responsibilities Within the scope of the Board Strategic Plan, First Nations Strategy, and Metro Vancouver Financial Plan, the Committee provides guidance and oversight to staff on the implementation of the annual work plans and business plans that govern the Aboriginal Relations service. Among its responsibilities, the Committee is responsible for: • Understanding and providing advice on the implications for Metro Vancouver of First Nations’ land claims, interests, and rights and titles, as well as on the implications for Metro Vancouver of decisions taken by the courts, and positions or initiatives taken of other orders of government; and • Initiating and engaging in programs and activities that strengthen relationships between Metro Vancouver and First Nations within the region, and between member municipalities and First Nations. Over the course of its work, the Aboriginal Relations Committee may, from time to time, convene a pan-municipal discussion to address specific local issues.

Committee Membership and Meetings The Chair, Vice-Chair and members are appointed annually by the Chair of the Metro Vancouver Board. The Committee meets quarterly and holds special meetings as required. A quorum of 50% plus one of the Committee membership is required to conduct Committee business.

Committee Management The Committee Chair, or in the absence of the Chair the Vice-Chair, is the chief spokesperson on matters of public interest within the Committee’s purview. For high profile issues the role of spokesperson rests with the Metro Vancouver Board Chair or Vice-Chair. On technical matters or in cases where an initiative is still at the staff proposal level, the Chief Administrative Officer or a senior staff member is the appropriate chief spokesperson. Where necessary and practical, the Board Chair, Committee Chair and Chief Administrative Officer confer to determine the most appropriate representative to speak.

The Chief Administrative Officer assigns a Committee Manager for the Committee. The Committee Manager is responsible for coordinating agendas and serves as the principal point of contact for Committee members.

ARC - 13 5.2

To: Aboriginal Relations Committee

From: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor

Date: January 23, 2017 Meeting Date: February 2, 2017

Subject: Appointment of the 2017 Local Government Treaty Table Representatives to the Katzie and Tsleil-Waututh Negotiations

RECOMMENDATION That the GVRD Board appoint: a) ______as the local government treaty table representative to the Katzie negotiations for 2017. b) ______as the local government treaty table representative to the Tsleil- Waututh negotiations for 2017.

PURPOSE To nominate local government treaty table representatives to the Katzie and Tsleil-Waututh negotiations for 2017.

BACKGROUND To ensure ongoing and effective local government representation in treaty negotiations, treaty table representatives for the Katzie and Tsleil-Waututh negotiation tables need to be nominated for 2017.

The Memorandum of Understanding (MOU) between the Union of BC Municipalities and the Ministry of Aboriginal Relations and Reconciliation (Attachment 1) was renewed at the September 2015 UBCM Convention in Vancouver. The MOU commits the parties to work together on matters related to First Nations, including a process for local government participation in the negotiation and implementation of treaties. Under the renewed MOU, local governments located within a specific First Nation’s Statement of Intent (SOI) area, can collectively determine how they wish to be organized to participate in active treaty negotiations and select table representatives to participate in the area treaty negotiations as part of the provincial negotiations team.

Given the complexity of treaty issues and benefits of continuity and direct discussions with the Aboriginal Relations Committee, Metro Vancouver’s practice, as established by the Board Chair, is to have the treaty table representative be a member who is already serving on the Aboriginal Relations Committee and whose jurisdiction is within the treaty First Nation’s SOI claim area (Attachments 2 and 3).

In 2016, these two active treaty tables were represented by Director Barbara Steele, City of Surrey, at the Katzie table, and Councillor Mary-Ann Booth, District of West Vancouver, at the Tsleil-Waututh table, as per the following table:

ARC - 14 Appointment of the 2017 Local Government Treaty Table Representatives to the Katzie and Tsleil-Waututh Negotiations Aboriginal Relations Committee Meeting Date: February 2, 2017 Page 2 of 3

TREATY TABLE LOCAL GOVERNMENT JURISDICTION Katzie City of Surrey (Director Barbara Steele) Tsleil-Waututh District of West Vancouver (Councillor Mary- Ann Booth)

Given the composition of the 2017 Aboriginal Relations Committee, only the following eight (8) local government jurisdictions, whose boundaries are located within the Katzie Statement of Intent (SOI) area (i.e. traditional territory), are eligible to represent local government interests at the Katzie treaty table:

Jurisdictions Eligible to Represent Local Government Interests at the Katzie Treaty Table Burnaby Coquitlam Delta Langley City Langley Township Maple Ridge Pitt Meadows Surrey (2016 representative, Director Barbara Steele)*

At the treaty table, the Katzie First Nation has indicated a strong preference and need for continuity of representation and satisfaction with the current local government representative.

At the Tsleil-Waututh treaty table, only the following six (6) local government jurisdictions, whose boundaries are located within the Tsleil-Waututh Statement of Intent (SOI) area (i.e. traditional territory), are eligible to represent local government interests:

Jurisdictions Eligible to Represent Local Government Interests at the Tsleil-Waututh Treaty Table Belcarra Burnaby Coquitlam North Vancouver District Vancouver West Vancouver (2016 representative, Councillor Mary-Ann Booth)*

If there is only one Committee member from a local government jurisdiction potentially affected by the respective First Nation(s) and particular table who is interested in becoming a local government treaty table representative to that particular table, then the Committee may wish to endorse that member for appointment by the Board.

If, on the other hand, more than one Committee member from potentially affected local government jurisdictions are nominated and wish to be considered for the role of treaty table representative at a particular treaty table (Attachment 4) then, pursuant to the terms of the MOU, Metro Vancouver will facilitate the appointment process by sending correspondence to those jurisdictions affected by the respective Katzie (Attachment 5) and/or Tsleil-Waututh (Attachment 6) areas, with a list of the interested candidates from the Committee and asking the municipalities to select their preferred

ARC - 15 Appointment of the 2017 Local Government Treaty Table Representatives to the Katzie and Tsleil-Waututh Negotiations Aboriginal Relations Committee Meeting Date: February 2, 2017 Page 3 of 3

candidate. The preferred candidate endorsed by the municipalities must be a member of the committee and be one of the candidates nominated by a member of the Committee.

ALTERNATIVES 1. That the GVRD Board appoint ______as the local government treaty table representative to the Katzie negotiations for 2017, and ______as the local government treaty table representative to the Tsleil-Waututh negotiations for 2017. 2. That the Board facilitate a process for appointing local government treaty table representatives for 2017 by canvassing local governments affected by the respective Katzie and Tsleil-Waututh Statement of Intent areas.

FINANCIAL IMPLICATIONS If the Board reappoints representatives to the Katzie and Tsleil-Waututh tables, the financial implications are moderate. Up to 10 meetings may be held annually at each treaty table. Expenses incurred relate to honoraria and staff time to attend meetings. Some Tsleil-Waututh treaty table meetings are held in Victoria so additional expenses are incurred for travel and accommodation. The costs of representation at the treaty tables have been included in the 2017 budget.

OTHER IMPLICATIONS In accordance with the terms of the MOU between BC and UBCM, and as per the requirements placed upon local governments under the Community Charter, confidential information/updates reported out at the treaty tables only appear in closed meetings of the Aboriginal Relations Committee and can only be reported out or shared with the respective municipal councils on an in-camera basis.

In addition, a recommendation from the Aboriginal Relations Committee is required at each Committee meeting on whether the non-voting elected representatives from the neighbouring regional districts will be able to observe the proceedings during those closed Committee meetings.

SUMMARY / CONCLUSION To ensure ongoing and effective local government representation in treaty negotiations, treaty table representatives for the Katzie and Tsleil-Waututh negotiation tables need to be nominated for 2017.

Further, to ensure the continuity of representation at the treaty tables and help Metro Vancouver foster relations with these First Nations. Alternative 1 is recommended: That the GVRD Board appoint ______as the local government treaty table representative to the Katzie negotiations for 2017, and ______as the local government treaty table representative to the Tsleil-Waututh negotiations for 2017.

Attachments 1. Memorandum of Understanding between the Province of British Columbia and Union of British Columbia Municipalities on Local Government Participation and the New Relationship with First Nations, September 21, 2015 (20282824) 2. Statement of Intent (map): Traditional Territory Boundary, Katzie Indian Band (20284933) 3. Statement of Intent (map): Traditional Territory Boundary, Tsleil-Waututh Nation (20282624) 4. The Roles and Responsibilities of Table Representatives (20286845) 5. Local Government Jurisdictions within the Katzie Statement of Intent Area (20279502) 6. Local Government Jurisdictions within the Tsleil-Waututh Statement of Intent Area (20279712) 20280812 ARC - 16 ATTACHMENT 1

ARC - 17 ARC - 18 ARC - 19 ATTACHMENT 2 Whistler.!

Produced by the BC Treaty Commission

Statement of Intent Traditional Territory Boundary Katzie Indian Band

Squamish .!

Lions Bay .! Gibsons ± .! North Vancouver Port Moody Vancouver.! Burnaby .! .! Maple Ridge New Westminster.! Coquitlam.! .! Richmond .! Mission Chilliwack .! Surrey .! .! .! Langley (City) Delta .! Abbotsford .! White Rock .! .! This map represents approximate boundary of the traditional territory Washington State described in the First Nation Statement of Intent. The boundary is for illustrative purposes only, and may be updated in the future. Kilometers 0 2 4 6 8

ARC - 20 ATTACHMENT 3

Produced by the BC Treaty Commission

Statement of Intent Traditional Territory Boundary Tsleil-Waututh Nation Squamish .! ± Lions Bay .!

Gibsons .!

North Vancouver .! Port Moody Vancouver .! .! Burnaby Coquitlam .! .! Maple Ridge New Westminster .! This map represents approximate .! boundary of the traditional territory Richmond described in the First Nation .! Surrey Statement of Intent. The boundary is .! for illustrative purposes only, and may be updated in the future. Kilometers 0 1 2 3 4

ARC - 21 ATTACHMENT 4

The Roles and Responsibilities of Table Representatives

Provide information to the Aboriginal Relations Committee from the Treaty Table

1. Attend Metro Vancouver’s Aboriginal Relations Committee meetings, engage in discussion, and record outcomes.

2. Provide regular verbal information reports on table activities.

3. Provide advice and commentary on emerging issues.

4. Complete and circulate issue tracking reports.

5. Provide regular written information reports and related documentation for circulation to the Aboriginal Relations Committee

6. Regularly forward original table documentation to keep the master record updated.

7. Forward technical and other information requests from the treaty table to the Aboriginal Relations Committee for action.

8. Develop a personal information records system for table specific documentation.

9. Adhere to all confidentiality requirements.

Provide information from the Aboriginal Relations Committee to the Treaty Table (via BC negotiators)

1. Attend table meetings, engage in discussion, and record outcomes.

2. Keep informed on treaty issues and aboriginal relations.

3. Represent member local government interests.

4. Provide advice and commentary from a community perspective on issues impacting local government interests.

5. Report back on technical and other information requested by the treaty table.

6. Develop personal information records system for table specific documentation.

ARC - 22 ATTACHMENT 5

Local Government Jurisdictions within the Katzie Statement of Intent Area

• Burnaby

• Coquitlam

• Delta

• Metro Vancouver (Electoral Area A)

• Langley City

• Langley Township

• Maple Ridge

• New Westminster

• Pitt Meadows

• Port Coquitlam

• Richmond

• Surrey

• White Rock

ARC - 23 ATTACHMENT 6

Local Government Jurisdictions within the Tsleil-Waututh Statement of Intent Area

• Anmore

• Belcarra

• Burnaby

• Coquitlam

• Metro Vancouver (Electoral Area A)

• New Westminster

• North Vancouver City

• North Vancouver District

• Port Coquitlam

• Port Moody

• Vancouver

• West Vancouver

ARC - 24 5.3

To: Aboriginal Relations Committee

From: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor

Date: January 23, 2017 Meeting Date: February 2, 2017

Subject: Appointment of Metro Vancouver’s 2017 Representative to the UBCM First Nations Relations Committee

RECOMMENDATION That the GVRD Board appoint the Chair or Vice-Chair of Metro Vancouver’s Aboriginal Relations Committee to the Union of British Columbia Municipalities’ (UBCM) First Nations Relations Committee for 2017.

PURPOSE To appoint a Metro Vancouver representative to UBCM’s First Nations Relations Committee for 2017.

BACKGROUND UBCM’s First Nations Relations Committee, comprising five (5) elected representatives from across the Province, oversees all policy development work related to aboriginal issues, including treaty negotiations, self-government and taxation. The Committee’s role is to focus on relationship-building between First Nations and local governments through best practices and initiatives such as the Community to Community Forum program.

Metro Vancouver has had representation on the UBCM First Nations Relations Committee since 2012. Prior to 2012, the former Lower Mainland Treaty Advisory Committee (LMTAC) had appointed a representative on behalf of local governments in the Lower Mainland.

In May 2012, the UBCM President conveyed the results of deliberations of the President’s Committee on the matter of the appointment by Metro Vancouver to the UBCM First Nations Relations Committee. The following motion was put forward to the UBCM Executive and endorsed:

That the Executive approve the appointment of the Chair or Vice-Chair of Metro Vancouver’s Aboriginal Relations Committee to the UBCM First Nations Relations Committee.

As a result of the above motion, only the Chair or Vice-Chair of the Aboriginal Relations Committee may be considered for appointment to the UBCM First Nations Relations Committee.

ALTERNATIVES 1. That the GVRD Board appoint the Chair or Vice-Chair of the Aboriginal Relations Committee as Metro Vancouver’s representative to the UBCM First Nations Relations Committee for 2017. 2. That the GVRD Board decline to appoint a representative as there is no requirement to appoint a member to UBCM’s First Nations Relations Committee, and provide alternative direction to staff.

ARC - 25 Appointment of Metro Vancouver’s 2017 Representative to the UBCM First Nations Relations Committee Aboriginal Relations Committee Meeting Date: February 2, 2017 Page 2 of 2

FINANCIAL IMPLICATIONS If the Board appoints a representative to the UBCM First Nations Relations Committee, the financial implications are minimal; the only financial considerations are the members’ honoraria for attending approximately five (5) or six (6) meetings per year. On occasion, as meetings are held in Victoria, additional expenses may be incurred for travel and accommodation. Metro Vancouver staff does not attend UBCM First Nations Relations Committee meetings, and any assistance provided by staff in support of this initiative is minimal. The expected costs of representation has been included in the budget for 2017.

If the Board declines to appoint a representative, Metro Vancouver will not have input into the Committee discussions that take place on matters relating to local governments and First Nations, such as servicing, provincial and federal legislation, treaty negotiations, and aboriginal relations, and will not have the opportunity for contact with the Minister of Aboriginal Relations and Reconciliation or Ministry staff on these important issues.

OTHER IMPLICATIONS The appointment involves building relationships with other local governments in other regions of the Province that are also addressing local government-First Nations relations.

SUMMARY / CONCLUSION The appointment of a representative to the UBCM First Nations Relations Committee will ensure that their inter-agency relations are sustained and that Metro Vancouver will have representation and input on discussions affecting local government-First Nations relations. Therefore, Alternative 1 is recommended.

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To: Aboriginal Relations Committee

From: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor

Date: January 9, 2017 Meeting Date: February 2, 2017

Subject: Appointment of a Metro Vancouver Observer to the Fraser Valley Aboriginal Relations Committee for 2017

RECOMMENDATION That the GVRD Board appoint ______as the Metro Vancouver Aboriginal Relations Committee observer to the Fraser Valley Aboriginal Relations Committee meetings for 2017.

PURPOSE To recommend that the Board appoint an observer to the Fraser Valley Aboriginal Relations Committee (FVARC) meetings for 2017.

BACKGROUND The FVARC currently participates in treaty negotiations at the Yale Nation, In-SHUCK-ch Nation, and Sto:lo Xwexwilmexw Treaty Association treaty tables. The seven Sto:lo communities currently in treaty negotiations are: Aitchelitz, Leq’a:mel, Popkum, Skawahlook, Skowkale, Tzeachten and Yakweakwioose.

FVARC is made up of elected officials, staff and observers who represent the municipalities of the City of Abbotsford, the City of Chilliwack, the District of Mission, the District of Kent, the District of Hope, the Village of Harrison Hot Springs, and the eight electoral areas of the Fraser Valley Regional District (FVRD). A commissioner and staff person from the Cultus Lake Park Board are also appointed as observers. Metro Vancouver has had observer status since 2012. The Vice-Chair of the Aboriginal Relations Committee represented Metro Vancouver in 2016.

FVARC and Metro Vancouver local governments have, since, 2000, shared cross-observer representation at one another’s respective public and closed meetings through the former Lower Mainland Treaty Advisory Committee (LMTAC), which ceased to operate in 2012.

Traditionally, because the Katzie Statement of Intent Area crosses into the Fraser Valley, the LMTAC local government representative at the Katzie treaty table was an observer to the FVARC meetings. The Tsleil-Waututh Statement of Intent Area also crosses Metro Vancouver’s boundary and into the FVRD.

Although there is no requirement to share cross-observer status with FVARC, given that both the Tsleil-Waututh and Katzie Statement of Intent Areas include portions of the FVRD communities, there is value in having a member of the Aboriginal Relations Committee appointed as an observer at FVARC meetings in order to share information and have the opportunity to dialogue on issues of mutual

ARC - 27 Appointment of a Metro Vancouver Observer to the Fraser Valley First Nations Relations Committee Aboriginal Relations Committee Meeting Date: February 2, 2017 Page 2 of 2

interest to both regional districts. FVARC has had an elected representative observe Metro Vancouver’s Aboriginal Relations Committee meetings since 2012.

In recent years, FVARC meetings have been held approximately four (4) times annually and take place at the regional district offices of the FVRD in Chilliwack, BC.

ALTERNATIVES 1. That the GVRD Board appoint ______as the Metro Vancouver Aboriginal Relations Committee observer to the Fraser Valley Aboriginal Relations Committee meetings for 2017. 2. That the GVRD Board decline to appoint an observer to the Fraser Valley Aboriginal Relations Committee, and provide alternative direction to staff.

FINANCIAL IMPLICATIONS If the Board appoints a member of the Aboriginal Relations Committee as an observer to the Fraser Valley Aboriginal Relations Committee meetings for 2017, the financial implications are minimal (i.e. the member’s honoraria for attending approximately four meetings per year). Metro Vancouver staff also participates in the FVARC meetings. The costs of attending the Fraser Valley Aboriginal Relations Committee meetings have been included in the 2017 budget.

If the Board declines to appoint an observer, Metro Vancouver will not have representation or the opportunity to provide input into discussions of mutual interest that may affect Metro Vancouver and FVRD, such as matters relating to servicing, treaty negotiations, and aboriginal relations.

OTHER IMPLICATIONS The appointment involves building relationships with other local governments within the neighbouring Fraser Valley Regional District that are also addressing local government-First Nations matters.

SUMMARY / CONCLUSION Alternative 1 is recommended since Metro Vancouver local governments have benefitted from having shared cross-observer representation with local governments within the Fraser Valley Aboriginal Relations Committee over the past five years. The relationship has proven useful for the opportunity to engage in dialogue and share information on land claims, such as Katzie, Tsleil- Waututh and Sto:lo, as well as other treaty negotiation and local government-First Nations relations issues.

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To: Aboriginal Relations Committee

From: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor

Date: January 18, 2017 Meeting Date: February 2, 2017

Subject: Manager’s Report

RECOMMENDATION That the Aboriginal Relations Committee receive for information the report dated January 18, 2017 titled “Manager’s Report.”

The Passing of Chief Rocky (Raymond Clayton) Wilson, Hwlitsum First Nation On October 20, 2016, Chief Rocky Wilson, Hwlitsum First Nation, passed away. A letter expressing Metro Vancouver’s condolences to the Wilson family was cosigned by the Chair of the Board and the Chair of the Aboriginal Relations Committee. Among his accomplishments, the late Chief won a 15- year Supreme Court of Canada decision to regain his full Indian status. However, Hwlitsum has been unable to get official federal and provincial recognition and has remained a First Nation in name only. The First Nation also does not have any lands.

Musqueam Indian Band’s Election Results On November 30, 2016, the Musqueam Indian Band held its election for Chief and Council. Chief Wayne Sparrow was successful in his re-election bid. In addition to the Chief, the Musqueam Indian Band Council includes 10 Councillors. Musqueam elections were held every two years up until the end of November 2016. Musqueam Council members will now serve a term of four years (to 2020). A congratulatory letter was sent to Chief Sparrow and Members of Council by the Board Chair, on behalf of Metro Vancouver, on December 21, 2016. A copy of the letter is attached as Information Item 6.5 of the Agenda.

Semiahmoo First Nation’s Election Results On December 22, 2016, Semiahmoo First Nation held its election for Chief and Council. Chief Harley Chappell was elected as Chief, replacing Chief Willard Cook. Joanne Charles and Roxanne Charles were re-elected as Councillors. The new Council’s term is for two years, ending on December 27, 2018. A congratulatory letter will also be sent to Semiahmoo First Nation’s new Chief and Council.

Attendance at 2017 Standing Committee Events Participation at external events provides important learning and networking opportunities. The following event that falls under the purview of the Aboriginal Relations Committee: • Event: UBCM-First Nations Summit Province-wide Community to Community Forum • Date and Place: June 6, 2017 at the Musqueam Community Centre in Vancouver • Number of attendee(s): 2 This forum is designed to bring together First Nation and local government elected officials and senior staff to encourage dialogue and understand areas of common responsibility and mutual concern. With a theme of “Joint Ventures”, the forum will focus on communities that are embarking on ARC - 29 Manager’s Report Aboriginal Relations Committee Meeting Date: February 2, 2017 Page 2 of 2

journeys of reconciliation and relationship strengthening, and exploring joint opportunities to the mutual benefit of their communities.

Please notify the Committee Chair or Committee Manager as soon as possible, but no later than April 1, 2017 if you are interested in attending the above-noted event. Although the funds for this event are budgeted in general attendance/participation in other meetings/events within the purview of the Aboriginal Relations Committee, they were not included in the 2017 Leadership and Engagement budget approved by the Finance and Intergovernment Committee. Final approval on attendance for this event, therefore, rests with the Board Chair.

2017 Aboriginal Relations Committee Meeting Dates The following are the scheduled 2017 Aboriginal Relations Committee meeting dates:

Thursday, February 2, 2017 Thursday, May 4, 2017 Thursday, July 6, 2017 Thursday, October 5, 2017

Unless otherwise noted, all meetings will take place on the above dates at 1pm in the 2nd Floor Boardroom at Metro Vancouver’s Head Office.

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reconciliation today 4 negotiations overview 22 tla’amin treaty empowers 5 negotiations map 23 voices of reconciliation 6 negotiations report 27 unpfii expert member 15 mandate for reconciliation 40 united nations submission 17 commissioners 44 closing the gaps 20 un declaration key articles 46

ARC - 32 Letter From the Commissioners

There is no greater expression of reconciliation than a modern treaty, fairly negotiated and honourably implemented. The British Columbia Treaty Commission emphasizes this foundational concept in all facets of its work. reconciliation and negotiations to make those words our words — and to This year was another milestone for the BC treaty turn words into action — to translate them into negotiations process with the coming into effect practical benefits on the ground in communities.” of the Tla’amin treaty. The success of Tla’amin is The UN Declaration can also breathe life into a model of self-determination and reconciliation. negotiations by encouraging new approaches when needed. It reminds all the Parties — Canada, This year was also significant with the election of a British Columbia, and First Nations — that these new federal government which for the first time in are negotiations of the highest importance to our Canada’s history has made reconciliation a priority country. Treaty negotiations are not a program. across the entire government. They are negotiations for constitutionally entrenched and protected reconciliation. In his recent mandate letters Prime Minister Trudeau states, “No relationship is more important to me and The principles of UNDRIP that structure our dialogue to Canada than the one with Indigenous Peoples. today are consistent with the 1991 Report of the It is time for a renewed, Nation-to-Nation relationship British Columbia Claims Task Force Report with Indigenous Peoples, based on recognition [Task Force Report], the blueprint for the treaty of rights, respect, co-operation, and partnership.” negotiations process in BC, including the estab- The British Columbia Treaty Commission [Treaty lishment of the Treaty Commission. The Task Force Commission or BCTC] looks forward to working Report describes reconciliation as “the establishment with the federal government to implement this of a new relationship based on mutual trust, mandate through treaty negotiations. respect, and understanding — through political negotiations.” Recently the dialogue around reconciliation has grown, which now includes the role of the United While the UN Declaration constitutes the minimum Nations Declaration on the Rights of Indigenous standards “for the survival, dignity and well-being Peoples [UN Declaration or UNDRIP]. of the indigenous peoples of the world” [Article 43], the Task Force Report provides a solid framework A strength of the UN Declaration is its potential to to implement those standards through good faith mobilize change when efforts towards reconciliation negotiations. stall or stumble. In September, the Minister of Justice, Jody Wilson-Raybould stated in her Self-determination is a core principle of the address to BC First Nations Chiefs, “Our collective UN Declaration, a core goal of treaty negotiations, challenge now is to implement the UNDRIP and and a founding principle of the BCTC.

ARC - 33 Treaty Commission Annual Report 2016 | 1 Treaties take time, reconciliation takes time, of proposals, including an increased role for the and negotiations are not without challenges. Treaty Commission. This includes an enhanced The Tla’amin treaty demonstrates how true role in supporting Stage 5 final agreement tables reconciliation can be achieved. There is no to set time frames and tripartite multi-year strategies one pathway to achieve reconciliation, but the to achieve them. These strategies will be endorsed treaty negotiations process offers an established by the leadership of the First Nation and by federal framework leading to the highest expression of and provincial ministers — an important expression reconciliation: constitutionally entrenched modern of political will. treaties with self-governance. Some tables will explore new concepts, such as In May 2016, the Treaty Commission attended the condensed agreements in principle, stepping Fifteenth Session of the UN Permanent Forum on stone approaches, incremental treaty agreements, Indigenous Issues [Permanent Forum or UNPFII] sectoral agreements, and core treaties. The Treaty to highlight the potential that negotiations hold Commission may assist in the facilitation of these for the advancement of Indigenous rights and new developments. Many of these are consistent reconciliation in Canada. BCTC believes the with Recommendation 16 of the Task Force Report, connections between UNDRIP, the benefits of the use of interim measures to support the modern treaties, and the BC treaty negotiations negotiations, and which is also consistent with process is vital to the dialogue on reconciliation Article 37 of the UN Declaration, emphasizing in Canada. Recognizing and respecting the treaties, agreements and other constructive potential of the negotiations process will assist arrangements. in focusing commitment and political will of all the Parties — Canada, British Columbia and First The Treaty Commission will continue to assist in Nations — to make progress, achieve treaties, the resolution of overlapping and shared territory and create lasting reconciliation. issues by assessing not only the efforts of First Nations to address issues among themselves, closing the gap but also Canada’s and British Columbia’s support Treaties must empower First Nations to prosper of these efforts. and benefit in their traditional territories. A study from Deloitte LLP, commissioned by BCTC and In carrying out its commitment to facilitate released concurrently with this report, confirms reconciliation through treaty negotiations, the the significant economic benefit of treaties for BCTC will continue to look to its roots in the First Nations, BC, and Canada — a range between Task Force Report as it draws from the relevant $1.2 billion to $5.8 billion. Broader benefits from articles and standards of the UN Declaration and treaties will assist in closing the gaps between gives them life as they are articulated in unique First Nations and non-First Nations communities. ways through negotiations.

As the Treaty Commission has often said, when a commissioners First Nation prospers, the entire region prospers. Celeste Haldane, Jerry Lampert, Tom Happynook, Francis Frank the future of negotiations and facilitation On May 24 of this year, the Principals endorsed its report the Multilateral Engagement Process to Improve and Expedite Treaty Negotiations in British Columbia [Multilateral Engagement Report]. In doing so, they confirmed their commit- ment to treaty negotiations and made a number

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ARC - 35 Reconciliation Today

Who better to speak to reconciliation than those living it today. The following pages are interviews with seven First Nation leaders, six from modern-day treaty First Nations. They talk about how treaty embodies their vision of self- determination and how treaties reflect the principles of the UN Declaration.

Hegus [Tla’amin word for leader] Clint Williams focusing political will from governments to address speaks about how the Tla’amin treaty empowers this element of reconciliation. the Tla’amin people, protects their rights and traditional territory, creates a Nation-to-Nation Consent is also mirrored in strength. Tla’amin is now relationship, and has made Tla’amin the largest the largest landholder in its region. Toquaht owns fee simple land holder in the region. The Tla’amin and governs 42 km of waterfront lands, and has treaty is the latest treaty to come into effect, purchased a forest company with a forest licence demonstrating that reconciliation through negotia- that covers almost the whole of its territory. Nisga’a - tions is achievable with will and commitment from underscores that nothing happens in its territory all three governments. without its consent. Tsawwassen is developing a billion-dollar retail and residential development, Grand Chief Edward John — the longest serving the Tsawwassen Mills and Tsawwassen Commons First Nations Summit Task Group member and malls, the largest non-resource development on an Expert Member of the Permanent Forum — First Nations land in Canadian history. shares his valuable knowledge and wisdom on reconciliation, negotiations, and the power of the The process of reaching a treaty means choices UN Declaration. He describes Article 3 on self- have to be made by all Parties to resolve outstand- determination as the “heart”, and Article 25 as ing issues. The discussion on “extinguishment” its “spirit,” affirming the rights of Indigenous continues to feature prominently in negotiations. Peoples as something much deeper — they are The Task Force Report established from the responsibilities to future generations. This right outset that extinguishment should not be part of to a deeper connection to traditional territory reconciliation, and this position is reinforced in the underlies the importance of self-government UN Declaration. The Nisga’a state, “We have never - to Indigenous rights, and is the promise that extinguished our rights. We have perfected them constitutionally entrenched treaties have for and they are protected.” Tsawwassen view on-the- reconciliation. ground change as more significant than the model set out in its treaty, and is focusing on governance, The UN Declaration offers a lens through which economic development, and building a successful, to reflect on the success of reconciliation for the sustainable community. First Nations interviewed. Self-determination and self-government, and the change that treaty has The Treaty Commission appreciates the time these brought to First Nations, features prominently. First Nations leaders generously provided. Free, prior, and informed consent is reflected in the role the treaty has solidified for First Nations throughout their territories. Cultural repatriation has formed an important part of modern treaties,

4 | Treaty Commission Annual Report 2016 ARC - 36 Tla’amin Treaty Empowers Reconciliation

Moving away from the Indian Act is the biggest part of this process, to get away from the Indian Act shackles, and move forward and succeed as the Tla’amin Nation. — clint williams reconciliation given effect key statements from leaders On April 5, 2016 at 12:01 am, the Tla’amin Final Agreement came into effect, ushering in a new era of reconciliation for the governments of Hegus Clint Williams Canada and BC and for the Tla’amin people as a Tla’amin Nation self-governing First Nation. With this achievement, Tla’amin will strengthen its culture and government, Our Nation has always been very progressive. and create a more prosperous future for its families It’s not surprising that we have evolved past the and the Powell River region. point of the Indian Act to take our rightful place as a self-governing Nation. The Indian Act never defined us or made us Tla’amin people; if anything, Tla’amin Nation became the it has held us back. eighth First Nation to implement a constitutionally protected modern This is an incredible tribute to our ancestors, elders, and our entire community. I want to also acknow- treaty in BC. The Tla’amin legislature ledge our youth because they were so passionate passed over 50 laws beginning its about wanting this change. vision of self-government. Tla’amin citizens and the Tla’amin Nation I also acknowledge the leadership shown by the City of Powell River and the Regional District for continue to exercise their inherent working together with us to improve our relation- right of self-determination through ships over the years. These types of developments the Tla’amin treaty. and accomplishments are still rare in BC, and across Canada, and we celebrate them today.

Citizens and leaders gathered to celebrate this Carolyn Bennett momentous milestone. Copies of the Indian Act Minister of Indigenous were burned in the memorial fire pit in front of the and Northern Affairs Government House to acknowledge this historic change and the beginning of a new relationship. Today is a historic day, a real testament to what can be achieved when we work together in the spirit of co-operation to resolve outstanding issues and reconcile with Indigenous people in Canada. The Tla’amin can now take control of their future and chart their own path to social and economic growth. This treaty benefits all Canadians and has set us on a path towards true reconciliation and

ARC - 37 Treaty Commission Annual Report 2016 | 5 a renewed relationship with Tla’amin based on key statements from tla’amin recognition of rights, respect, co-operation, youth: next generation of leaders and partnership.

John Rustad Drew Blaney Minister of Aboriginal Relations Tla’amin Nation Citizen and Reconciliation When the Statement of Intent for our treaty was put I congratulate the Tla’amin people on this into place, back in December of 1993, I was 22 days generational achievement. Through the Tla’amin old. Today, when our treaty is being implemented, treaty, we’ve reconciled our past and created I am 22 years old. It is a great achievement for a foundation for a brighter future. Certainty and our Nation, and over that time I have seen a lot of opportunity afforded by the final agreement will great effort from a lot of our leaders, and I’ve seen support economic growth for Tla’amin Nation, a lot of progress. and strengthen its culture and traditions. Ryan Pielle Today, the hard work of self-governance begins, Tla’amin Nation Citizen as do the enduring benefits of being a treaty First Nation in the Province of British Columbia. Words can’t express how I feel today. I am happy, excited, exhilarated. It’s amazing. Especially knowing that my kids will not have to live a day under the Indian Act. That’s a good feeling.

Tla’amin Nation Clint Williams

On August 30, 2016, the Treaty Commission path to self-government interviewed Hegus Clint Williams in Tla’amin’s The road to self-government was a difficult road for newly opened Government House, a proud us. There was miscommunication out there that our feature of its new governing body. rights are totally removed. We were looking and weighing the options of self-government early in Since then, the Tla’amin Nation had its first the process. We felt that it was important to establish non-Indian Act election for their leadership and that high level of protection within our traditional legislature. Clint Williams was the last Indian territory. Treaty empowers our people to protect Act Chief Councillor, and is now the first elected our rights within our traditional territories. Tla’amin Nation Hegus. We have a whole new set of tools, including fee simple lands, cash, and some economic develop- ment monies. So with this, we now are the largest fee simple land owner in the Powell River area.

6 | Treaty Commission Annual Report 2016 ARC - 38 We’ve always had our traditional territory to work The roundabout in front of the entrance to our with, but we’ve never had any of these resources Government House is a dedicated memorial to available to us before self-government. people that have passed on. We have a brick wall set up around there and a fire pit and we are trying I think the symbolism of our new Government to tie in the change that took place. That is where House shows what we can achieve as self- we burned the Indian Act to progress forward as governing people heading into the future. a self-governing Nation.

I don’t want this to be the limit: I want this to repatriation and culture be the minimum that our people look at as It’s very exciting. The Royal BC Museum will what we can achieve as a self-governing Nation. return some artefacts here to our new Tla’amin We’ve come from some pretty humble buildings Government House as part of our final agreement. down below, in our old band office. It is very powerful to see this new self-governing embracing the un declaration status acknowledged and to have the follow- Canada acknowledging the UN Declaration is through as promised in the final agreement. huge, and it complements our Constitution and It is so powerful to see these returned home, our laws. Our community developed our own and we look forward to more in the future. Constitution and that is what our laws are all created on.

One of the big things that we have in our final agreement is kind of an “us too” clause. If some new policy comes about and things are improved upon, then we are not excluded from any of these developments. This was all prior to the UN Declaration being acknowledged. It is very good that our final agreement with BC and Canada acknowledges this. reconciliation This is not just our agreement; it is our agreement with BC and Canada. Their names are on it too. We entered self-government making a statement to our people that the sky is the limit and we can achieve a lot by working through this process and working collaboratively with our people for the benefit of our entire Nation.

ARC - 39 Treaty Commission Annual Report 2016 | 7 Nisga’a Nation - Mitchell Stevens Kevin McKay

Nisga’a President Mitchell Stevens and Executive as individual families and houses. So they used - Chairperson Kevin McKay were interviewed a common bowl, “Sayt-K’il’im-Goot,” it means we in Vancouver on Coast Salish territory on all eat out of the same bowl. All the Hereditary September 8, 2016. leaders took their landholdings and put them in a bowl. And they went there with one voice and self-determination whatever comes out of this it belongs to us, every Nisga’a person. Now that is culture at its utmost. - Mitchell In order to know where you are going, That is why our treaty is so strong. It is based on you have to know where you have come from. In our culture and values. 1913 the Nisga’a Nation filed its petition to the Privy - Council. It said, number one, they wanted to be out reconciliation from the Indian Act. That is the most archaic piece of legislation this country has ever written. Number Mitchell Treaty may not be for everybody. There two, they wanted to be autonomous. They wanted are those who don’t have treaty who have done to govern their own people as they have done for very well because of geographic location. For centuries. Number three, they wanted land with most Aboriginal people who live in outlying and absolute control. Number four, they wanted to pay remote areas, they must have that autonomy to their own way; and number five, they wanted to deal with the resources so that they can provide provide for all Nisga’a citizens. for their people the services that are required. -

Now if that isn’t a statement of the UN May 11, 2000 we got political independence. Declaration what is? The Nisga’a Final We are now left with the tools to bring our people - Agreement embodies all of those principles. forward. And through that document we will gain our financial independence. We respect the I will give you a good example. Vancouver wanted decision of all our neighbours. There will come a to protect its property from foreign investment. time when they have to make a decision for their They couldn’t do it. They had to get the provincial people. We were very fortunate early on — in the government to change the Vancouver Charter birth of this country — that our hereditary leaders because the Vancouver City Council is under the had the vision and the foresight to make that auspices of the Minister of Municipal Affairs. That is decision on our behalf. a delegated authority. If the Nisga’a Nation wants - to change its Constitution, it changes it. It does Aboriginal people must walk through that door that not have to ask BC’s, nor Canada’s, permission. the Calder case opened. They have to take that step. Then and only then can they get those rights We have never lost our cultural capacity. We are constitutionally protected. As a Nisga’a person - a cultural people, and that is why the Nisga’a Final I am very pleased about the UN Declaration, but - Agreement is so strong. When the Nisga’a people it is useless unless Aboriginal people step forward - decided to negotiate, the Hereditary Chiefs of the and walk through that door and start taking care day said we will surely get beaten if we go there of their own interests.

8 | Treaty Commission Annual Report 2016 ARC - 40 In their decision-making for one common bowl, The Supreme Court of Canada is reluctant to our Hereditary Chiefs understood that they were prescribe the rights of Aboriginal people. There is part of the land, so they said, “We are not going coming a time, and it’s going to be a very sad day, to be separate from this country. One heart, one that the Supreme Court of Canada prescribes the path, one nation.” It doesn’t say one Aboriginal rights of Aboriginal people in this country. It will be Nation. It says one Nation, which means Canada, very prescriptive just like the Indian Act. Aboriginal because we all share the same space. That is what people should be the decision-makers of their non-Aboriginal people have to understand. It says: own rights. one heart, one path, one nation. We are going to remain one Nation. Kevin It will not only be prescriptive, it will be the modern version of the Indian Act. So the people Kevin We knew that we were going to have who are reluctant to negotiate treaties do so at to give up something, we were going to have their own risk. to compromise. We were not going to get 100%, but we had the peace of mind knowing that we nisg- a’a consent accepted it on our own terms and conditions. People like to throw around the word sovereign. Mitchell Nothing goes on within the 26,000 km² Well guess what? The Nisga’a Nation was every of our traditional territory without consulting us. - bit as sovereign as any other Aboriginal group in If the Nisga’a Nation says “no” within that area, - Canada. We exercised our sovereignty by entering it means “N-O”, full stop. into BC’s first modern treaty on our own terms and conditions. Chapter 10 of the Nisga’a treaty, Environmental - Assessment and Protection, is our free, prior, and The Nisga’a treaty is not a book of guarantees, informed consent. There is no economic chapter - rather the Nisga’a treaty is a book of opportunities. in the Nisga’a treaty. The rights and interest of the - - When you look at it that way it’s a more realistic Nisga’a citizens are in Chapter 10, and they are - way in which you maximize the provisions of perfected and constitutionally protected to provide the treaty. certainty for all Parties. Through our treaty we will gain our financial independence. perfection of rights For example, we had a disagreement with a Mitchell We have not lost one speck of dirt mining company about their proposed tailings and and we will not ever lose any dirt to anyone. management plan. They changed their engineering. That, in itself, is what true self-government is It cost them one third of $1 billion to do it, but they about. It’s giving the people the choice, giving did it, and that was because of the requirements them the power. of Chapter 10.

Our treaty provides certainty. There is no question Kevin I’ve heard the consultation provisions about the perfected, protected rights of the of the Nisga’a treaty described as the best in - Nisga’a citizens. We have never extinguished Canada. They go far beyond the assertive rights - our rights. We have perfected them and they of consultation and accommodation. With respect are protected. to free, prior and informed consent, on 2,000 km² of Nisga’a land, we have exclusive jurisdiction, - This is the closest thing you get to sovereignty. including sub-surface on the Nass wildlife area and People talk about sovereignty. How much closer the Nass area. All those three categories of land do you get to sovereignty than the Crown saying, in the Nisga’a treaty comprise the 26,000 km² that - “we are out of here.” We [Nisga’a Nation] occupy the were described by legal survey reference in the - tax base. Tell me, what government gives up tax? 1913 petition. This is really remarkable.

ARC - 41 Treaty Commission Annual Report 2016 | 9 Tsawwassen First Nation Bryce Williams Tom McCarthy

The Treaty Commission sat down with Chief These include putting together a housing Bryce Williams [elected September 2012] and initiative with other partners, BC Housing and Tom McCarthy, Chief Administrative Officer of non-profit housing providers; a major review of Tsawwassen First Nation [TFN] on September 19, our Membership Act; a facilities plan for the next 2016 in their administration building. stage of infrastructure — the renewal of all of our buildings; and working on the land tenure question The Tsawwassen Final Agreement was imple- for our community housing. mented seven years ago, on April 3, 2009. Since that time, TFN has developed a billion-dollar retail I think that our treaty has changed people. It and residential development, the Tsawwassen Mills seems to me more people want to be involved and Tsawwassen Commons retail malls. It is the in governance, being able to have a say for the largest non-resource development on First Nations people. People have grown together in certain land in Canadian history. areas, and the community has grown together. It’s really interesting to see how it has sparked our self-determination and involvement from some of the youth. self-government This would not have been possible without treaty. Bryce Our treaty reflects our self-determination Both the practical elements — such as access to and self-government. It’s been a journey, and water from the region — as well as setting TFN quite a learning curve getting set-up and getting on a new and different legal footing. Being in the it rolling. But it’s really becoming a true, effective room at the Metro Vancouver table has been an body and a true reflection of that self-governance opportunity to voice concerns to a different regional we envisioned. audience — this has been a neat opportunity for reconciliation. We have been able to do more — It’s been great to be a part of, and good to see way more — than under the Indian Act. how it’s really evolving and taking its rightful place within the governance system that is set Tom The Indian Act is fundamentally contradictory up around BC and Canada. We are really happy to the UN Declaration. to be able to have such a big say in the region. Now being a treaty First Nation we are part of The treaty doesn’t really impact the kind of agree- the Metro Vancouver region, we have a spot ments you enter into with commercial partners, on the Translink board and it’s just been really and you still have to negotiate. If you screw it great so far. up it is on you. The difference of course is that you don’t have to go back to the Department [of We have put more resources into our core Indigenous Affairs] for approvals. The advantage programs, particularly our health and education of having a strong set of laws and self-government programming have seen important investments legislation is that your process is well defined; and have delivered better services. We are also it makes you a lot more attractive to talk to as a working on a number of important new priorities. potential partner. Tsawwassen knew that on day

10 | Treaty Commission Annual Report 2016 ARC - 42 one it was going to get tons of pressure from the There are more job opportunities than our Nation external development community to build right can fill, with industrial, commercial, and residential away, to buy land. So setting out those rules under developments. Through our development partner- Tsawwassen’s jurisdiction was critical. ships there’s been member benefit opportunities, and employment opportunities. cultural resurgence The great success of the treaty is our ability to Bryce One of our main priorities is incorporating create strong partnerships not only with developers language and culture into modern life, and uphold- but with private sector investors. A lot of partners ing the old values and traditions. For us, we have a came in when they realized that we have other lot of developments on the go: residential, commer- big partners involved with us. They see that we cial, and industrial. And involved in all of those is are serious. a lot of cultural elements. With the mall being developed, there has been so much opportunity We are here to stay. We are here to develop. for TFN artists. There’s a Coast Salish section in the We are here to self-govern and be successful mall. It’s really going to uplift: not only our commun- in this modern day and age. So it’s really cool ity members, but also any Coast Salish person that just to see everything roll together and it is walks in will be able to recognize the strong Coast really great to see how progressive we are Salish values. and how successful we are along the way.

We have paved the road to renewing language Tom I think what we would say is that the debate and culture. This has been a major achievement about extinguishment or modification or assertion that I am very proud of. Our business partnerships is behind us — Tsawwassen is moving forward have generated huge amounts of work for artists, down the path to build this successful, sustainable carvers, and weavers alike. We also have had community. The on-the-ground change is a lot language classes since 2013 in an effort to keep more relevant than the model that’s set out in the Hul’qumi’num language alive in the community. the document. economic prosperity

Bryce Since 2009, TFN has attracted over $1 billion of private sector investment onto Tsawwassen lands. Approximately $750 million in commercial development, over $200 million in industrial development, and the remainder in residential investment. This will continue to grow over the next 10 years.

TFN has also invested over $100 million into renewing its infrastructure. The INAC legacy left us with poor infrastructure, a small sewer treatment plant at capacity, one paved road, and poor housing. We have renewed most of our infrastructure: new water and sewer pipes, new roads, including a major road, Salish Sea Drive.

ARC - 43 Treaty Commission Annual Report 2016 | 11 Toquaht Nation Anne Mack

Chief Anne Mack was interviewed in her home self-determination in the traditional Toquaht village of Macoah on Land was one of the most difficult issues at the September 1, 2016. negotiation table. To see my father sit down and choose something that he knew was already ours Toquaht Nation determined its own destiny and was a little bit difficult. We got 42 km of waterfront achieved self-government when the Maa-nulth which is very valuable, but there is a difference treaty came into effect on April 1, 2011. During our in value of the land in the minds of First Nations interview, in the background, a new wastewater people. It is not just valuable because it is water- system was being built to accompany a new front lands. Through our culture, we know our water treatment facility. These major infrastructure territories. My father and his father before him upgrades support the Toquaht vision of bringing have told us exactly where our boundaries are, citizens home to a thriving community. and that never changes regardless of if we only have a portion of it back. Our whole traditional toquaht governance territory will always be acknowledged within our My traditional name is Wii-tsuts-koom. My father people’s minds as Toquaht territory. traditionally seated me in 2009. The new Toquaht governance system keeps our traditional system In this day and age, in order to be a part of the intact: two traditional chiefs, the “Tyee,” head chief, economy, you have to plan on what is going to and “Chaa-maa-taa,” the second chief. To be sustain your people. These 42 km are some of democratic we vote in three councillors to work the best waterfront lands in the world and will with us. We determined this; it is in our Constitution. do just that.

The [UN Declaration] article about self-governance consent over our territory is really important for First Nations to be able to We have fee simple land and control over take on their own responsibility, whether it be economic development. We purchased a forest economics, social development, land, ownership license which covers just about the entire over their land and how they want to manage it, is Toquaht traditional territory, which means that all something that is attainable through the treaty. we manage what happens to that forest, and our next generation will have a forest that they Since governing under treaty, we have a different can manage themselves. relationship with Canada. There is more open communication with different agencies. We are Everyone is ruled by the economy, but now we regarded differently — I can feel that respect of us have the ability to work more within our territory, being a government, and we are treated as such. with the resources and how we would like to It is a good feeling. achieve that. We have a campsite with 66 sites just down the road which is fairly new. It is just What I say to new treaty Nations: it’s very now, like I said, that things seem to be moving, liberating, not instantly, but you do feel that and it’s a really good feeling after all the work you are in control. You have the ability to and time we put in to see things visually. It is plan for the future with your citizens as you a great thing to see. please, without having to get agreement from anyone else.

12 | Treaty Commission Annual Report 2016 ARC - 44 building our nation vision would have to develop the economy and work In year five now, we have electricity, clean water, at building our own base. We are going through a water treatment system, and today we are that process now, because of our treaty, with all almost completing our wastewater system for the of the infrastructure we are putting into place and community. The community is now able to expand, having our two top leaders as traditional leaders whereas in the previous Indian Act government working together to incorporate traditions into system, we were on a wait list. You know how that our government. is across Canada — it’s not working for a lot of communities. With all this infrastructure that we put It is not an easy task, but, wherever we can, our into place, we now have the ability to expand and tradition comes before our laws, and we learn develop our own housing for members to come how to incorporate them into the laws. That all home. That is our vision. Our biggest vision is to comes through cultural revival, getting back to bring people home. your land. That is how I see our vision: to bring people home and live again as once we had. My father had the intuition that, in order for his people ever to be able to come home, he

Huu-ay-aht First Nations John Jack

John Jack was interviewed in Vancouver on Treaty provides tools to go in almost any direction. Coast Salish territory on September 20, 2016. You can achieve the things you hope to set up to do and treaty should be neutral on the successes. Huu-ay-aht First Nations became self-governing on April 1, 2011, when the Maa-nulth Final Agree- I think treaty allows leaders to actually lead ment came into effect. John Jack has worked for their people in a direction that they see as his Nation for many years, and is now serving his an improvement over what came before and second term as an elected councillor. what is now. self-determination Our failures are our own, but our successes are First Nations want a degree of self-determination, our own, and those successes allow us surplus rule of their lands and access to the wealth that is energy, willingness, goodwill, and resources to be generated from living on the land. For Huu-ay-aht, a part of BC, and part of Canada, in a way that may it started with the generation immediately before not be expected. my own, seeing all of the wealth that was generated on the land and how none of it was being shared It turns out the solution isn’t a one-time thing, but with us. We saw that it was only by accessing the rather a system of systems that will allow us to wealth generated on our lands, we would be able make better decisions and improve over time. to dig ourselves out of the underdevelopment I think that is what First Nations have been asking created by colonization. for and wanting to pursue over generations: not

ARC - 45 Treaty Commission Annual Report 2016 | 13 necessarily having everything now in some grand treaty good for Huu-ay-aht, but also it was good set of reparations, but rather the power to make for British Columbia and Canada in terms of the their own decisions and let their chips fall where process by which the Crown was able to reconcile. they may. For reconciliation, you need a degree of Treaty allows First Nations to pursue what they willingness, seeded with the understanding believe should have been if they were included that forgiveness is possible. There needs to be in Canada from the get-go, if the fathers of a point in which communities won’t hold past Confederation were so enlightened to allow transgressions over one or another. An age-old for that to happen, then maybe this is what grudge can’t be held onto if you truly want we might have been. to reconcile. un declaration If you have a lot of historical baggage that There are certain things that need to be estab- prevents those relationships from being productive, lished in order for First Nations to effectively and then you are inherently blocked from the network actually have those principles that are aspired to of opportunities that could be around you: eco- in the UN Declaration. These cannot be given. logically, economically, socially, politically, legally, They are created for oneself, if you have the tools and spiritually. Treaty allows for those relationships to create them. The treaty does that. Our treaty to exist with the new impetus for interaction does that. because of the legal certainty, political stability, and economic possibility. There will be better ways to put treaties together and negotiate them, but until such time, we have We are just now understanding what it means the best tool available to us to attempt to achieve to exist as a community in the modern political the principles of the UN Declaration. economy and what tools we need in order to exist somewhat like how we wanted to exist before. There are calls to action for BC, Canada, Treaty is the number one step in allowing for us to local governments, courts — but what are do that, free of the baggage of what’s come before, the calls to actions for First Nations? I think or at least giving us the opportunity to put that the idea behind the UN Declaration and treaty baggage down at some point and move on and is that First Nations choose what those calls see what happens. to action will be. Treaty establishes a degree of certainty not just Some may focus inward, others may focus for the Crown. As long as the legal and political outward, and still others may try to find a groundwork can be laid, that legal certainty can different path. But in order to even get to that be created, effective self-governance can be point, they have to have the ability to make achieved, and economic sustainability can those decisions, and the resources to get them be attempted. there. The treaty sets the framework for that to happen. First Nations in treaty have the best chances amongst all First Nations to achieve what they reconciliation through aspire to as a people. negotiations The negotiation process was tough. The ratification process was harrowing and exciting, and overall I knew that I was completely, as an individual, committed to the good of my Nation and what the treaty could represent. Not only was the

14 | Treaty Commission Annual Report 2016 ARC - 46 UNPFII Expert Member Edward John

Grand Chief Edward John was interviewed A really big part of the strategy [to advance in Vancouver on Musqueam territory on Indigenous rights] has been around redress. September 9, 2016. There’s a number of articles in the Declaration, from 25 onwards, that deal with issues relating the un declaration to redress. Article 28 talks about how Indigenous The reason I got involved with the UN was people have the right to redress by a means that because of what was going on locally. I saw the can include restitution, or, where it’s not possible, limitations in Canada and wanted to help create just, fair, equitable compensation. international standards and then have those standards work their way back domestically. independent body So it took us a long time, a very circuitous route. There’s a couple of places where it’s mentioned in the Declaration about mechanisms for fair, That’s why the UN Declaration is so important. independent bodies. And in a way we’re ahead There is now a set of standards that can help shape of the game in BC, and in a way not, because of Section 35 of the Constitution. Article 43 of the limitations on the Treaty Commission. There’s Declaration states they are the minimum standards only one mandate in there that’s really clear. for the rights of Indigenous Peoples’ survival, dignity, It’s about facilitating negotiations. It doesn’t say and well-being. What is the relationship between chair meetings, it says to facilitate negotiations. Section 35 and the Declaration? Well, Section 35 It’s broader than how that power has been exer- are just a few words, right? Are you going to litigate cised over the years, and I’ve encouraged the everything to the Supreme Court of Canada to find Treaty Commission to be more pro-active in resolution? What you ought to do is take this human this regards. rights standard in the Declaration, and use that to help shape Section 35, not the other way around. We saw early on, in all the negotiations that were taking place in Canada, there was a very tight The most important of the articles in the control over the process of negotiations by Declaration, in my opinion, is Article 25. This is Canada in all aspects: funding, agenda, outcomes. really the spirit of the Declaration. This is where Pretty much predetermined outcomes that were the word responsibility comes in. In all of our not the earmarks of good-faith negotiations teachings, the teachings that we have don’t talk between equals, or between Parties that had about rights. They talk about responsibilities first a legitimate legal interest. It’s really the whole and foremost. The teachings we as Indigenous assimilation strategy deeply embedded Peoples always learn is about responsibilities in laws, in policies and practices of Canada. to our lands, to everything around that. I think that articles in the Declaration like this These agreements should do that. They should be about independent processes are matters that premised on these principles. We want our respons- need to be reviewed, including the mandate ibility to our territories reflected in our agreements. of the Treaty Commission. There should be an The government wants to view this as a real estate impartial adjudication body as well. If negotiations transaction. We have really completely different are not working in BC, then there should be an visions of what these agreements are. impartial process for adjudicating.

ARC - 47 Treaty Commission Annual Report 2016 | 15 negotiations for treaties, argued that Section 91 and 92 exhaustively shared agreements and other power between the two governments, therefore constructive arrangements there was no room for First Nations governments. Ultimately it’s about three parties sitting down at The Court completely rejected that, and said there a table to negotiate resolution, and that there’s a is an independent source of power and authority commission in place to help facilitate that, and that in First Nations. They still exist. the product of that could be many different things, including, interim agreements, and ultimately a So what is the intention of these treaties? To find treaty. Article 37 talks about treaties, agreements, coexisting legal relationship structures. In the and other constructive arrangements. That’s Haida decision, the Supreme Court of Canada the new standard now. Even though the highest says that treaties serve to reconcile pre-existing of those standards might be treaties, there’s Aboriginal sovereignty with assumed Crown still a whole lot of multilateral or even bilateral sovereignty. That’s the essence of co-existence — agreements that can be entered into between and then it’s written into agreements. Indigenous Peoples and the state. The intention should always be to see these Read recommendation 16 [of the Task Force treaties as part of the constitutional framework Report]. It’s there, and it’s one that’s not been of Canada. Elevate these agreements, not as properly used. Canada has its treaty related final full and final settlement agreements. Not measures, and BC has its program. But they minor agreements, not contracts, but part of the unilaterally developed these, instead of sitting constitutional framework of this country on a down and working out an interim measures Nation-to-Nation basis, as Prime Minister Trudeau agreement with the First Nations. And they says. It’s coexistence at the very highest level. want to limit the scope. In Delgamuukw, the Supreme Court of Canada reconciliation states that we are all here to stay. I think those Every peoples globally have the right to self- words are a good framework: that we’re all here to determination. We’ve articulated that in articles stay in this multi-cultural framework within a federal 3 and 4 of the UN Declaration, the right to self- state. And the federal state has been slow to determination, the right to self-government. Then recognize that place of sovereignty of Indigenous you read that with article 46 [the territorial integrity Peoples as part of the coexistence framework. or political unit of states, and human rights and fundamental freedoms, are to be respected], free prior and informed consent and that creates a sense of balance. Does free, prior and informed consent [Article 19] mean a veto? I am going to say “it means veto,” Within the traditional territories of ancient tribal if necessary. But it’s not that. Veto assumes that governments and entities that have been here you’re in an inferior position. Free, prior and for thousands of years, you have new states, like informed consent, the way I see it is that you’re Canada, that is 150 years old, and the colonial on an equal position with governments. exercise of their own powers. The court cases are clear: Indigenous laws were not extinguished, Free, prior and informed consent is about and continue. The problem is the political will to decision-making. The right to make decisions. find resolution for co-existing governments. You exercise that authority in many ways, but it’s a decision making right. The ability to make We do have co-existing governments. It’s called decisions really underscores free, prior and federalism in this country. In the Nisga’a case informed consent. - involving Gordon Campbell, BC and Canada

16 | Treaty Commission Annual Report 2016 ARC - 48 BCTC Submission United Nations

treaty negotiations multi-party negotiation, there are challenges. an opportunity to However, recognizing the potential and promise lead reconciliation of negotiations will assist in focusing commitment At the opening ceremony of the Fifteenth Session and political will of all the Parties — Canada, British of the United Nations Permanent Forum on Columbia and First Nations — to make progress Indigenous Issues [UNPFII], the Minister of Justice in achieving treaties and lasting reconciliation. and Attorney General of Canada stated, “We must complete the unfinished business of Confederation. The Treaty Commission emphasized the shared Rebuilding the Nation-to-Nation relationship goals of the treaty negotiations process and the and achieving reconciliation lies at the heart of a UN Declaration at the UNPFII, and submitted strong Canada.” Rebuilding the Nation-to-Nation recommendations that were accepted into the relationship also lies at the heart of the BC treaty Fifteenth Session UNPFII final report. negotiations process and mirrors the goals of the UN Declaration. When fully embraced and nation-to-nation supported, treaties will achieve Canada’s goal Reconciliation is today — and has always been — of rebuilding a Nation-to-Nation relationship. the fundamental goal of the BC treaty negotiations process. The 1991 Report of the British Columbia In May this year, the Treaty Commission attended Claims Task Force, which stands as the foundation the UNPFII to highlight negotiations as an estab- of the BCTC and the blueprint for the negotiations lished mechanism to advance Indigenous rights process, describes reconciliation as “the establish- and reconciliation in Canada. In turn, endorsement ment of a new relationship based on mutual trust, of the principles and articles in the UN Declaration respect and understanding — through political provides an opportunity to reinvigorate treaty ne­go­tiations” [Task Force Report Recommendation 1]. negotiations in British Columbia and to build on It further states that “recognition and respect this foundation. for First Nations as self-determining and distinct nations with their own spiritual values, histories, While the Task Force Report provides a solid languages, territories, political institutions and framework for reconciliation, and there are ways of life must be the hallmark of this new success stories being lived through modern relationship” [Task Force Report, pages 7-8]. treaties, misinformation and misunderstandings have become widespread. This misinformation Self-determination is at the heart of the BC can lead to the erosion of support for treaty negotiations process and is one of the primary negotiations within First Nations, the federal and principles of the UN Declaration. It leads to the provincial governments, and the general public. recognition of Nation-to-Nation relationships, This situation does not advance reconciliation. a recognition that shapes the negotiations and leads to constitutionally entrenched treaties. Negotiations, including self-governance, facilitated by an independent body and leading Although self-determination is a foundational to constitutionally entrenched treaties, make the principle, it is challenging for Indigenous Peoples BC negotiations process one of the most unique to enact as they work through the process of and promising in the world. As with any complex Nation building. Forcing amalgamation of Nations

ARC - 49 Treaty Commission Annual Report 2016 | 17 into collective approaches to negotiations is new era of reconciliation contrary to self-determination and is bound to The Treaty Commission’s submission contained fail [Task Force Report, page 19]. recommendations, that were endorsed by the Permanent Forum in its final report, urging states The Treaty Commission’s submission to the to engage in “good-faith negotiations of treaties, Permanent Forum emphasized that lasting Nation- agreements and other constructive agreements,” to-Nation relationships through treaty negotiations based on “the unequivocal recognition of require recognition — not extinguishment of indigenous peoples’ rights;” to “fully reject the Indigenous rights. The concept of extinguishment extinguishment of indigenous rights;” and to was rejected by the architects of the treaty “address the call for full and effective redress for negotiations process who recognized that the loss of lands, territories and resources and First Nations should not be required to abandon State breaches of treaties, agreements and other fundamental constitutional rights simply to achieve constructive arrangements.” The recommendation certainty [Task Force Report, page 11]. reiterates the need for “high-level oversight bodies to guide and oversee the conduct of negotiations overlapping and shared and implementation of treaties, agreements and territorial claims other constructive arrangements in the light of Overlapping and shared territory issues are best ongoing negotiation and implementation issues.” resolved by First Nations [Task Force Report, Recommendation 8]. These issues — and their Flexibility is an essential part of negotiation unique solutions — have long been part of [Task Force Report, Recommendation 2] and efforts traditional Indigenous governance, are essential to develop new mechanisms and approaches, to Nationhood, and are foundational to self- such as those proposed in the recent Multilateral determination and self-governance. Engagement Report, are promising. These approach- es are consistent with the UN Declaration, informed Overlap disputes between Indigenous Nations by the World Outcome Document 1 and influenced interfere with reconciliation. These issues are more by past recommendations of the Permanent Forum complex because of the fracturing of Indigenous related to treaties.2 Peoples and by the creation of colonial and neo-colonial Indigenous entities. Rebuilding the Nation-to-Nation relationship lies at the heart of treaty negotiations in Canada, and Governments have an important role in supporting mirrors the goals of the UN Declaration. The BC First Nations — not imposing solutions — in their treaty negotiations process is well established to efforts to resolve overlapping and shared territory lead the country in reconciliation and embrace the disputes. This important support was recognized opportunities the UN Declaration offers. by the Permanent Forum in endorsing the Treaty Commission’s recommendation, and it was also accepted into the Multilateral Engagement Report of the Principals in May of this year.

1 Outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, Adopted by the GA on September 22, 2014 2 See recommendation 36, Report of the 14th session of the Permanent Forum on Indigenous Issues, 20 April – 1 May, 2015, E/2015/43-E/C.19/2015/10

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ARC - 51 Closing The Gaps

One of the goals of treaties is the reconciliation of Aboriginal title, including its inescapable economic component. For treaties to achieve reconciliation, they must enable First Nations to prosper and benefit in their traditional territories.

financial benefit to first nations The broader “multiplier” effect of this investment and british columbia is determined by the actual allocation of capital Closing the social gaps between Indigenous and transfers and resource revenue sharing determined non-Indigenous people is a key goal of reconciliation. by each treaty Nation. A new study from Deloitte commissioned by BCTC, Socio-Economic Benefits of Modern Treaties, 2016 The billion-dollar retail and residential development, [Deloitte Report], validates the findings of previous the Tsawwassen Mills and Tsawwassen Commons studies that there are significant future economic malls, which resulted in the largest non-resource benefits from treaties to First Nations, ranging development on First Nations land in Canadian between $1.2 and $5.8 billion total dollars. The history, exemplifies this. Deloitte Report also begins to examine the broader socio-economic benefits that come from self- closing the gaps determination and self-government. Deloitte explored the socio-economic benefits of treaty using the Community Wellbeing Index. The Deloitte Report quantifies the benefits of In reviewing this data for a First Nation with a treaties to all British Colombians. Negotiations result modern treaty, it appears that there are benefits in a considerable infusion of federal capital into during the treaty negotiations period through to BC's regions where First Nations are implementing the implementation period. Further work is needed a modern treaty. to better quantify the benefits of treaties on community well-being. As the Treaty Commission has often said, when a First Nation prospers, the entire Through interviews with leaders from treaty First region prospers. Nations, the Deloitte Report provides insight to a broader range of benefits resulting from treaties investment in the local economy and negotiations. These include addressing The majority of benefits assumed in the Deloitte historical damage related to the Indian Act Report are generated from direct cash settlements by providing a framework for reconciliation and resource revenue sharing paid to First consistent with Articles 3 and 4 of the UN Nations as part of the settlement, resulting in Declaration and Section 35 of the Constitution positive financial growth to the surrounding Act, 1982. Other benefits include decision-making local economies. and implementation of systems of government grounded in First Nations values. These financial benefits are used by treaty First Nations in a variety of ways to grow First Nation businesses, invest in financial securities for long term wealth creation and income, develop community projects and infrastructure, and for direct consumption on goods and services.

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ARC - 53 Negotiations Overview

65 First Nations, representing over half of all Indian Act Bands in BC, are participating in, or have completed treaties through, the treaty negotiations process.

first nations implementing Homalco Indian Band treaties [7] Hul’qumi’num Treaty Group Kaska Dena Council Maa-nulth First Nations [Huu-ay-aht, Laich-Kwil-Tach Council of Chiefs Ka:’yu:’k’t’h’/Chek’tles7et’h’, Toquaht, Lake Babine Nation Uchucklesaht and Yuułu ił ath] Nazko First Nation Tla’amin Nation Taku River Tlingit First Nation Tsawwassen First Nation Tlatlasikwala Nation Tlowitsis First Nation first nations in final agreement Tsay Keh Dene Band negotiations [8] Tsimshian First Nation* [Gitga’at] Tsleil-Waututh Nation In-SHUCK-ch Nation Wei Wai Kum/Kwiakah First Nations K’ómoks First Nation Wet’suwet’en Hereditary Chiefs Lheidli T’enneh First Nation [second ratification vote] first nations not currently Te’mexw Treaty Association negotiating a treaty [25] Tsimshian First Nations* [Kitselas and Kitsumkalum] Wuikinuxv Nation Acho Dene Koe First Nation Yale First Nation [ratified final agreement; Allied Tribes of Lax Kw’alaams effective date postponed] Carcross/Tagish First Nation Yekooche First Nation Carrier Sekani Tribal Council Champagne and Aishihik First Nations first nations in advanced agreement Cheslatta Carrier Nation in principle negotiations [9] Council of the Haida Nation Esk’etemc First Nation Ditidaht and Pacheedaht First Nations Haisla Nation Gwa’Sala-’Nakwaxda’xw Nation [land and cash offer] Heiltsuk Nation Katzie First Nation [second AIP vote] Hupacasath First Nation Ktunaxa Kinbasket Treaty Council Hwlitsum First Nation [land and cash offer] Klahoose First Nation ’Namgis Nation [initialled AIP; membership voted - - Kwakiutl Nation not to accept] Liard First Nation Northern Shuswap Tribal Council [AIP approved McLeod Lake Indian Band by NStQ; Canada and BC approvals pending] Musqueam Nation Stó:lō Xwexwilmexw Treaty Association Nuu-chah-nulth Tribal Council Tla-o-qui-aht First Nations [initialled AIP; Quatsino First Nation membership voted not to accept] Ross River Dena Council Tsimshian First Nations* [Metlakatla] Sechelt Indian Band Snuneymuxw First Nation first nations in active Squamish Nation negotiations [16] Teslin Tlingit Council Da’naxda’xw/Awaetlala Nation Tsimshian First Nation* [Kitasoo/XaiXais] Gitanyow Hereditary Chiefs Westbank First Nation Gitxsan Hereditary Chiefs *Tsimshian is counted as one First Nation, but has communities in various stages

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8 23 | Treaty Commission Annual Report 2016 ARC - 55 Implemented Treaties* Initialled AIPs / Land and Cash Offers* 1 Maa-nulth First Nations 13 Gwa’Sala-’Nakwaxda’xw Nation 2 Nisga’a Nation  - [land and cash offer] 3 Tla’amin Nation 14 Katzie First Nation [second AIP vote] 4 Tsawwassen First Nation 15 Ktunaxa Kinbasket Treaty Council *Representing 11 former Indian Act Bands [land and cash offer] 16 ’Namgis Nation [initialled AIP;  - - membership voted not to accept] 17 Northern Shuswap Tribal Council Final Agreement [AIP approved by NStQ; Canada Negotiations* and BC approvals pending] 18 Tla-o-qui-aht First Nations [initialled AIP; membership voted not to accept] 5 In-SHUCK-ch Nation *Representing 12 Indian Act Bands 6 K’ómoks First Nation 7 Lheidli T’enneh First Nation [second ratification vote] 8 Te’mexw Treaty Association 9 Tsimshian First Nations Other First Nations in [Kitselas and Kitsumkalum] Treaty Negotiations* 10 Wuikinuxv Nation *Representing 72 Indian Act Bands 11 Yale First Nation [effective date postponed] 12 Yekooche First Nation *Representing 14 Indian Act Bands

a view of progress The First Nations highlighted in the map represent 37 Indian Act Bands, or 18.5% of all Indian Act Bands in BC. The territories represented in the Statements of Intent of these First Nations cover approximately a third of BC.

ARC - 56 Treaty Commission Annual Report 2016 | 24 a view of progress The First Nations highlighted in the map represent 37 Indian Act Bands, or 18.5% of all Indian Act Bands in BC. The territories represented in the Statements of Intent of these First Nations cover approximately a third of BC.

• 65 First Nations, representing • When Nisga’a is included with • In 2016, the four Indian - 105 current and former other implemented modern Act Bands represented by Indian Act Bands out of all treaties, the total increases Northern Shuswap Tribal 200 Indian Act Bands in BC, to eight modern treaties, Council [NStQ] voted to are participating in, or have implemented by 11 former accept the AIP. completed treaties through, Indian Act Bands. The Nisga’a - the treaty negotiations Final Agreement concluded • Land and cash offers have process. This is 52.5% of as the BC treaty negotiations been tabled at the Ktunaxa all BC Indian Act Bands. process was unfolding. Kinbasket Tribal Council and Gwa’Sala-’Nakwaxda’xw • Active or completed negotia- • The Yale Final Agreement is Nation negotiation tables. tions involve 40 First Nations, ratified, but the effective date Together these two First representing 76 Indian Act has been postponed. Nations represent five Bands in BC and one in North- Indian Act Bands. west Territories. This means • There are seven First Nations, 38% of all BC Indian Act Bands representing 13 Indian Act • Two First Nations are are actively negotiating or Bands, in Stage 5 final preparing for second votes: are already implementing agreement negotiations: Lheidli T’enneh for its final a modern treaty. In-SHUCK-ch, K’ómoks, agreement, and Katzie for Lheidli T’enneh, Te’mexw its AIP. • There are seven First Nations Treaty Association, Tsimshian implementing modern treat- [Kitselas and Kitsumkalum], ies in British Columbia: the Wuikinuxv, and Yekooche. five Maa-nulth First Nations, Tla’amin Nation, and Tsawwassen First Nation.

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ARC - 58 Table Negotiations Report

AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

65 First Nations, representing over half of all The treaty provides the First Nations with 24,550 Indian Act Bands in BC, are participating in, or hectares of treaty settlement land and a one-time have completed treaties through, the treaty capital transfer payment of $73.1 million over ten negotiations process. years. In addition, it provides $1.2 million annually in resource royalty payments for 25 years, and Active or completed negotiations involve 40 $9.5 million annually for program funding. First Nations, representing 76 Indian Act Bands, totalling 38% of all Indian Act Bands in BC. Huu-ay-aht has approximately 720 citizens; Ka:’yu:’k’t’h’/Chek’tles7et’h’ has approximately A “First Nation” in the BC treaty negotiations 570 citizens; Toquaht has approximately 150 process is a self-defined governing body, citizens; Uchucklesaht has approximately 225 established and mandated by its people within citizens; and Ucluelet has approximately 670 its traditional territory in BC to enter into treaty citizens. The traditional territory is located on negotiations with Canada and British Columbia. the west coast of Vancouver Island surrounding The BCTC Agreement and legislation set out this Barkley and Kyuquot Sounds. Maa-nulth has principle of self-definition. overlapping and/or shared territory with its First Nation neighbours: Ditidaht, Hupacasath, For statistical purposes the Treaty Commission Tla-o-qui-aht and Tseshaht. continues to refer to “Indian Act Bands” to provide a common reference point. huu-ay-aht first nations Since treaty implementation, Huu-ay-aht First completed treaties Nations has enacted approximately 21 acts and 30 regulations. The HFN Development LP First Nations Implementing pursues economic development opportunities Treaties [7] for the First Nation. These ventures include forestry, fisheries, gravel, a campground, a maa-nulth first nations market, and a gas station. Huu-ay-aht joined The Maa-nulth First Nations Final Agreement the Alberni-Clayoquot Regional District Board effective date was April 1, 2011. These five former in 2012. Indian Act Bands implemented the Maa-nulth treaty as five independent governments. Huu-ay-aht, ka:’yu:’k’t’h’/chek’tles7et’h’ Ka:’yu:’k’t’h’/Chek’tles7et’h’, Toquaht, Uchucklesaht, first nations and Yuułu ił ath. [Ucluelet] First Nations, and Since treaty implementation, Ka:’yu:’k’t’h’/ Canada and British Columbia are five years into Chek’tles7et’h’ First Nations has enacted the implementation of the new relationship. approximately 37 acts and 13 regulations.

ARC - 59 Treaty Commission Annual Report 2016 | 27 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

toquaht first nation tla’amin nation Since treaty implementation, Toquaht First The Tla’amin Final Agreement effective date was Nation has enacted approximately 39 laws April 5, 2016. Tla’amin Nation, Canada, and British and 20 regulations. The First Nation has built Columbia have begun implementing the new a water treatment plant after being on boil relationship. The treaty provides the First Nation water restrictions for 20 years, and it added with 8,323 hectares of treaty settlement land and a 68 hectares of treaty settlement lands. The one-time capital transfer payment of approximately construction of a waste water system has $31.1 million over ten years. In addition, it provides recently broken ground, with a scheduled economic development funding of approximately completion of December 2016. These $7.3 million and a fishing vessel fund of $0.3 infrastructure upgrades will allow new homes million. The Tla’amin Nation will also receive to be built, enable tourism ventures, and bring $0.7 million annually in resource revenue sharing citizens home. Toquaht also entered into the payments for 50 years. All dollar amounts are in Barkley Sound Community Forest partnership 2012 dollars and were adjusted for inflation. with the District of Ucluelet, purchased an area-based forest licence, and created two Since treaty implementation, Tla’amin Nation has corporations to carry out operations associated enacted approximately 50 laws and opened its Gov- with the forest licence. ernment House. In March 2016, Tla’amin purchased and began operating the historic Lund Hotel, which uchucklesaht first nation is now situated on treaty settlement land. Since treaty implementation, Uchucklesaht First Nation has enacted 47 acts and 26 There are approximately 1,085 Tla’amin citizens, regulations. This fall the First Nation will open with traditional territory around the Powell River a new administration and cultural building in area, including Lasqueti and Texada Islands, Port Alberni, with residential tenancies above. and down through Cortes Island and the Comox The First Nation has also upgraded its water Valley. Tla’amin has overlapping and/or shared system and built new roads. Uchucklesaht territory with its First Nation neighbours: K’ómoks, joined the Alberni-Clayoquot Regional District Klahoose, Homalco, Sechelt, and Qualicum. Board in 2014. tsawwassen first nation yuułu ił ath. [ucluelet] first nation The Tsawwassen First Nation Final Agreement Since treaty implementation, Ucluelet First effective date was April 3, 2009. Tsawwassen Nation has enacted approximately 33 laws and First Nation, Canada, and British Columbia are 30 regulations. This summer the First Nation seven years into the implementation of the new completed a water treatment pumping system, relationship. The treaty provides the First Nation and in 2015 opened its new Government with 724 hectares of treaty settlement land and a House. Yuułu ił ath. added treaty settlement one-time capital transfer payment of $13.9 million lands when it purchased a significant economic over ten years. In addition, it provides $2 million development property at the highway juncture for relinquishing mineral rights under English between Ucluelet and Tofino. The First Nation Bluff, $13.5 million for start-up and transition currently operates Wya Point Resort, Wya costs, $7.3 million for a number of funds for the Welcome Centre, and the Thornton Motel. purposes of resource management and economic Ucluelet joined the Alberni-Clayoquot Regional development, and $2.6 million annually for District Board in 2012. ongoing programs and services.

28 | Treaty Commission Annual Report 2016 ARC - 60 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

Since treaty implementation, Tsawwassen First recognize harvesting and resource rights Nation has enacted approximately 23 acts and throughout its territory, and establish the complete 82 regulations. This year Tsawwassen held its land, cash, and governance provisions of the treaty. third election as a self-governing First Nation. Tsawwassen First Nation signed the biggest real There are approximately 780 In-SHUCK-ch estate, non-resource development agreement members from the two communities of Skatin and in BC of 2014. The Tsawwassen Mills and Samahquam. In-SHUCK-ch traditional territory is Tsawwassen Commons malls will open this fall located between the middle point of Harrison and are creating thousands of jobs. Tsawwassen Lake, northward to the middle point of Lillooet did not sell its treaty settlement land for this Lake. In-SHUCK-ch Nation has overlapping and/ development, and leased 108 acres for ninety- or shared territory with its First Nation neighbours: nine years. Tsawwassen joined the Board of Chehalis, Douglas, Katzie, Lil’wat, Squamish, Stó:lō, Metro Vancouver in 2009. and Tsleil-Waututh.

There are approximately 365 Tsawwassen citizens, k’ómoks first nation with traditional territory in the Lower Mainland, from The K’ómoks treaty table is in Stage 5 negotiations. the watersheds that feed into Pitt Lake to Burns The Parties have been working on final agreement Bog to the Salish Sea, including Saltspring, Pender, outstanding items, and the land and cash package. and Saturna Islands. Tsawwassen has overlapping K’ómoks continues to engage its membership and/or shared territory with its First Nation neigh- on the treaty as negotiations advance. TRM bours: Cowichan Tribe, Hwlitsum, Musqueam, funding supported transition activities related to Tsleil-Waututh, and Semiahmoo. fisheries and governance, engagement with local governments on an official community plan for the final agreement area, economic development research, land and resource planning, and water and sewer issues. First Nations in Final Agreement Negotiations [8] The AIP was signed on March 24, 2012 and sets out the land and cash basis for final treaty negotiations. in-shuck-ch nation K’ómoks will receive approximately 2,043 hectares The In-SHUCK-ch treaty table is in Stage 5 of land, including former reserves, and a capital negotiations. The Parties have substantially transfer of approximately $17.5 million. The final completed negotiations, and In-SHUCK-ch is agreement will establish how the First Nation’s laws engaging community and addressing internal interact with federal and provincial laws, recognize governance matters before moving forward harvesting and resource rights throughout its with a final agreement ratification vote. territory, and establish the complete land, cash, and governance provisions of the treaty. The AIP was signed on August 25, 2007 and sets out the land and cash basis for final There are approximately 330 K’ómoks members, treaty negotiations. In-SHUCK-ch will receive with traditional territory spanning the central eastern approximately 14,518 hectares of treaty settlement part of Vancouver Island, extending into Johnstone land, including former reserves, and a capital Strait. K’ómoks has overlapping and/or shared transfer of approximately $21 million. The final territory with its First Nations neighbours: Homalco, agreement will establish how the First Nation’s Hul’qumi’num Treaty Group, Snaw-naw-AS, laws interact with federal and provincial laws, Nuu-chah-nulth Tribal Council, Sechelt, Snuneymuxw,

ARC - 61 Treaty Commission Annual Report 2016 | 29 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

Tla’amin, T’emexw Treaty Association, Laich- te’mexw treaty association Kwil-Tach Council of Chiefs, and Wei Wai Kum/ The Te’mexw treaty table is in Stage 5 negotiations. Kwiakah. The five Te’mexw First Nations are developing constitutions and addressing the transition of land- lheidli t’enneh first nation holdings. ITAs with British Columbia have resulted The Lheidli T’enneh treaty table is in Stage 5 in the transfer of lands for all five communities. negotiations. Lheidli T’enneh is moving forward The Te’mexw First Nations are also Douglas treaty with a second final agreement vote. In 2007, the beneficiaries and are negotiating an approach on membership voted not to accept the agreement. fisheries that will reflect their Douglas treaty rights. The Parties have been completing ratification Te’mexw is in discussion with the Department of preparations and Lheidli T’enneh has undertaken National Defence [DND] for lands held by DND. extensive community engagement. TRM funding These discussions are important given the scarcity of supported Lheidli T’enneh governance transition available lands in the area. TRM funding supported activities, a traditional use study, and further work transition activities, including research on fisheries to update its Constitution. and land interests, and constitution development.

The Lheidli T’enneh treaty will provide the First The AIP was signed on April 10, 2015, and sets out Nation with 4,330 hectares of treaty settlement the land and cash basis for final treaty negotiations. land and a one-time capital transfer payment of The five First Nations will receive approximately approximately $16 million over 10 years. In addition, 1,565 hectares of land, including former reserves, the First Nation will receive $493,000 annually in and a capital transfer of approximately $142 million, resource revenue sharing payments for 50 years, including a land fund. The final agreement will and a combination of $16.4 million in one-time establish how the First Nation’s laws interact with funding and $2.3 million in annual funding to federal and provincial laws, recognize harvesting support programs and implementation of the and resource rights throughout its territory, and treaty. All dollar amounts are in 2016 dollars. establish the complete land, cash, and governance provisions of the treaty. There are approximately 420 Lheidli T’enneh members, with traditional territory around Prince There are approximately 1,675 Te’mexw members, George, including the Nechako and Fraser River with traditional territory located in two main areas: basins to the Alberta border. Lheidli T’enneh has on southern Vancouver Island in the Greater overlapping and/or shared territory with its First Victoria area and on the east coast of Vancouver Nation neighbours: McLeod Lake, Lhtako Dene, Island around Nanoose Bay. Te’mexw Treaty Nak’azdli, Sai-Kuz, and Simpcw. Association represents five First Nations: Scia’new [Beecher Bay], Malahat, Snaw-naw-AS [Nanoose], Songhees, and T’Sou-ke [Sooke]. Te’mexw has overlapping and/or shared territory with its First Nation neighbours: Esquimalt, Saanich, Sechelt, Qualicum, Snuneymuxw, Pacheedaht, and some of the Nuu-chah-nulth and Hul’qumi’num First Nations.

30 | Treaty Commission Annual Report 2016 ARC - 62 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

tsimshian first nations neighbours: Gitxsan Hereditary Chiefs, Haida, [kitselas and kitsumkalum] Heiltsuk, Allied Tribes of Lax Kw’alaams, Gitxaala, The Tsimshian First Nations are in varying stages Nisga’a, and Wet’suwet’en Hereditary Chiefs. - of treaty negotiations. Kitselas and Kitsumkalum negotiate together and are in Stage 5 negotiations; wuikinuxv nation Metlakatla is in advanced Stage 4 negotiations The Wuikinuxv treaty table is in Stage 5 negotiations. [see page 34]; Gitga’at is in Stage 4 negotiations The Parties have been working on a number of final [see page 38], and Kitasoo/XaiXais remains agreement negotiation items, including fisheries, inactive. roads, and governance. TRM funding supported cultural artefact identification, as well as the second The Kitselas and Kitsumkalum treaty table phases of multi-year land and resource planning and made significant progress in final agreement management initiatives. negotiations. The Parties focused on fisheries, forestry, and lands technical work for a land and The AIP was signed on July 23, 2015, and sets out cash offer in the near future. Both Kitselas and the land and cash basis for final treaty negotiations. Kitsumkalum continue to engage their respective Wuikinuxv will receive over 14,646 hectares of land, communities on treaty and on the development including former reserves, and a capital transfer of of their constitutions. TRM funding supported $7.3 million. The final agreement will establish how governance transition activities, environmental the First Nation’s laws interact with federal and assessment work, shared land use planning, provincial laws, recognize harvesting and resource and a multi-year fisheries study. rights throughout its territory, and establish the complete land, cash, and governance provisions The AIPs were signed on August 4, 2015 in two of the treaty. separate community celebrations. Each agreement sets out the land and cash basis for final treaty There are approximately 290 Wuikinuxv members, negotiations. Kitselas will receive over 36,158 with traditional territory located around its main hectares of land, including former reserves, and community on the north side of Wannock River, a capital transfer of $34.7 million. Kitsumkalum will between Owikeno Lake and the head of Rivers receive over 45,406 hectares of land, including Inlet on BC’s mid-coast. Wuikinuxv has overlapping former reserves, and a capital transfer of $44.2 and/or shared territory with its First Nation million. The final agreements will establish how neighbours: Gwa’Sala-’Nakwaxda’xw and Heiltsuk. the First Nation’s laws interact with federal and provincial laws, recognize harvesting and resource rights throughout its territory, and establish the complete land, cash, and governance provisions of the treaty.

The five Tsimshian First Nations total approximately 3,580 members. Kitselas has approximately 655 members, and Kitsumkalum has approximately 745. Its traditional territory spans the northwest coast, including the Prince Rupert and Terrace areas. The Tsimshian First Nations have overlapping and/or shared territories with its First Nation

ARC - 63 Treaty Commission Annual Report 2016 | 31 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

yale first nation There are approximately 235 Yekooche The Yale First Nation treaty table has concluded members, with traditional territory near Stuart Lake, Stage 5 negotiations. On June 19, 2013 the Yale Cunningham Lake, and Lake Babine. Yekooche First Nation Final Agreement received Royal has overlapping and/or shared territory with its Assent. The effective date has been postponed First Nation neighbours: Lake Babine, McLeod from the original date of April 2016. Lake, Nadleh Whut’en, Nak’azdli, Saik’uz, Stellat’en, Takla, Tl’azt’en, Ts’il Kaz Koh, and Treaty 8. The Yale treaty will provide the First Nation with 1,966 hectares of treaty settlement land advanced and a one-time capital transfer payment of approximately $10.7 million. In addition, it will First Nations in Advanced Agreement in Principle Negotiations [9] provide approximately $2.2 million in economic development funding, $0.7 million annually in program funding, and a combination of $1.4 million ditidaht and pacheedaht in one-time funding and $0.6 million in annual first nations funding to support implementation. Ditidaht and Pacheedaht are separate First Nations negotiating together and the treaty table is in There are approximately 170 Yale members, with Stage 4 negotiations. The Parties are working traditional territory located around Yale and in the to complete AIP negotiations in 2017 and are Fraser Canyon, north of Hope. Yale has overlap- committed to intensified negotiations to complete ping and/or shared territory with its First Nation the AIP as well as to substantially complete neighbours: Stó:lō communities from Stó:lō [SXTA], some final agreement chapters. Federal parks Stó:lō Nation, and Stó:lō Tribal Council. continue to be discussed between Pacheedaht, Ditidaht, and Canada. TRM funding supported yekooche first nation governance capacity development, economic The Yekooche treaty table is in Stage 5 negotiations. development research, land and resource planning In 2015 the Parties re-engaged in final agreement and management, community engagement, negotiations after being stalled for multiple years due an aquaculture feasibility study, phase three to Canada’s suspension of fish and to governance of a comprehensive community plan, and a challenges within the First Nation. Since then the communications strategy. treaty table has been working to finalize the treaty. TRM funding supported two economic development There are approximately 770 Ditidaht members feasibility studies and constitution development. and approximately 280 Pacheedaht members. Ditidaht and Pacheedaht traditional territory spans The AIP was signed on August 22, 2005 and the southwestern corner of Vancouver Island. sets out the land and cash basis for final treaty Ditidaht and Pacheedaht share a boundary. negotiations. Yekooche will receive approximately Ditidaht has overlapping and/or shared territory 6,400 hectares of land, including former reserves, with its First Nation neighbours: Huu-ay-aht and and a capital transfer of $6.5 million. The final Lake Cowichan. Pacheedaht has overlapping and/ agreement will establish how the First Nation’s laws or shared territory with its First Nation neighbours: interact with federal and provincial laws, recognize T’Sou-ke and Lake Cowichan. harvesting and resource rights throughout its territory, and establish the complete land, cash, and governance provisions of the treaty.

32 | Treaty Commission Annual Report 2016 ARC - 64 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

gwa’sala-’nakwaxda’xw nation ktunaxa kinbasket treaty council The Gwa’Sala-’Nakwaxda’xw [GNN] treaty table is The Ktunaxa treaty table is in Stage 4 negotiations. in Stage 4 negotiations. Gwa’Sala-’Nakwaxda’xw Ktunaxa Kinbasket Treaty Council [KKTC] has completed extensive community engagement, and undertaken extensive community engagement on the Parties are approaching a significant milestone the AIP negotiations to date, including the potential of a land and cash offer to bring to the GNN land and cash components of the treaty. membership. The Parties continue to negotiate to complete the AIP. TRM funding supported phase There are approximately 1,100 Ktunaxa members, two of the First Nation’s heritage study, as well as with traditional territory including the Kootenay, governance research and development. Flathead, and Columbia River watersheds within the area that extends from the Arrow and There are approximately 990 Gwa’Sala- Kinbasket Lakes east to the Alberta border. KKTC ’Nakwaxda’xw members. Many reside at the represents ?akisq’ nuk [Columbia Lake], ?aqam Tsulquate reserve where the community was [St. Mary’s Indian Band], ?akinkumŧasnuqŧi?it relocated half a century ago. Gwa’Sala- [Tobacco Plains Band] and Yaqan nu?kiy [Lower ’Nakwaxda’xw traditional territory is located on Kootenay Band]. Ktunaxa has overlapping and/or the BC mainland across from the northern tip of shared territory with its First Nation neighbours: Vancouver Island. Gwa’Sala-’Nakwaxda’xw has Osoyoos, Okanagan, Penticton, Shuswap Nation overlapping and/or shared territory with its First Tribal Council, Spallumcheen, Upper and Lower Nation neighbours: Kwicksutaineuk, Kwa-wa-aineuk, Similkameen, Upper Nicola, and Westbank. Kwakiutl, ’Namgis, Tlatlasikwala, Tsawataineuk, - - and Wuikinuxv. ’na- mg- is nation The ’Namgis treaty table is in Stage 4 negotiations. - - katzie first nation The Parties completed an AIP that sets out the land The Katzie treaty table is in Stage 4 negotiations. and cash basis for final treaty negotiations. In March The Parties substantively completed AIP 2013 the ’Namgis membership voted not to accept - - negotiations and signed a negotiators’ letter the AIP. In 2016, after a period of hiatus, the Parties of understanding, which acknowledged that began to meet again. There has been active outstanding substantial issues will be addressed community engagement, including consideration in final agreement negotiations. In April, Katzie of next steps. TRM funding supported a fisheries held its community AIP vote and the membership study to address a gap in negotiations related to voted not to accept the AIP. Katzie is engaging rights and title. its membership and will have a second vote in the future. TRM funding supported community There are approximately 1,855 ’Namgis members, - - engagement. with traditional territory at the north end of Vancouver Island, extending from the Nimpkish There are approximately 575 Katzie members, watershed to the east and west. ’Namgis Nation - - with traditional territory around Pitt Meadows, has overlapping and/or shared territory with its First Maple Ridge, Coquitlam, Surrey, Langley and New Nation neighbours: Kwakiutl, Tlowitsis, Tlatlasikwala, Westminster. Katzie has overlapping and/or shared Mamalilikulla-Qwe’Qwa’Sot’Em, Kwikwasut’inuxw territory with its First Nation neighbours: In-SHUCK-ch, Haxwa’mis, Da’naxda’xw/Awaetlala, Mowachaht/ Kwikwetlem, Kwantlen, Musqueam, Stó:lō, Muchalaht, Gwawaenuk, Gwa’sala-’Nakwaxda’xw, Tsawwassen, and Tsleil-Waututh. and Dzawada’enuxw.

ARC - 65 Treaty Commission Annual Report 2016 | 33 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

northern shuswap tribal council south-western BC, centralized around the upper The Northern Shuswap Tribal Council [NStQ] Fraser and Chilliwack River Valleys, lower Harrison treaty table is in Stage 4 transitioning into Stage Lake and the lower Fraser Canyon. SXTA repre- 5 negotiations. The Parties have concluded AIP sents seven communities: Aitchelitz, Leq’á:mel, negotiations, and the four NStQ communities are Popkum, Skowkale, Skawahlook, Tzeachten and focusing on community engagement. AIP votes Yakweakwioose. SXTA has overlapping and/or were held in February and April. All votes resulted shared territory with its First Nation neighbours: in community support to move forward into final Chawathil, Cheam, Peters, Chehalis, Katzie, Kwantlen, agreement negotiations. All three Parties must Kwawkwawapilt, Kwikwetlem, In-SHUCK-ch, sign the AIP. On February 5, 2016 the Government Matsqui, Musqueam, New Westminster, of British Columbia and NStQ signed an ITA Nl’akapamux, Sem­iahmoo, Scowlitz, Seabird, agreement which provides for the transfer of up to Shxw’owhámél, Soowahlie, Sumas, Skwah, Skway, 3,760 hectares to the four communities in advance Squamish, Squiala, Tsawwassen, Tsleil-Waututh, of treaty implementation. TRM funding supported Union Bar, and Yale. community engagement activities and governance- related work for post-treaty programs and services. tla-o-qui-aht first nations The Tla-o-qui-aht treaty table is in Stage 4 negotia- There are approximately 2,600 NStQ members, tions. The Parties completed an AIP that sets out with traditional territory in the central Cariboo the land and cash basis for final treaty negotiations, from Valemont and McBride in the northeast, to and in November 2012 the Tla-o-qui-aht member- the Fraser River in the west. NStQ represents ship voted not to accept the AIP. Tla-o-qui-aht four communities: Tsq’escen’ [Canim Lake], continues to engage internally to determine if a Stswecem’c/Xgat’tem [Canoe Creek/Dog Creek], second AIP vote should take place. Xats’ull/Cmetem’ [Soda Creek], and T’exelc [Williams Lake]. NStQ has overlapping and/or There are approximately 1,120 Tla-o-qui-aht shared territory with its First Nation neighbours: members, with traditional territory extending from Lheidli T’enneh, Lhtako Dene Nation, Esk’etemc, Tofino, including the ocean, to Kennedy Lake in the the Secwepemc Nations, and the Tsilhqot’in south, Adder Mountain in the east, and Rhine Peak National Government. to the north. Tla-o-qui-aht has overlapping and/or shared territory with its First Nation neighbours: stó:lō xwexwilmexw Ahousaht, Ucluelet, Hupacasath, and Toquaht. treaty association The Stó:lō [SXTA] treaty table is in Stage 4 tsimshian first nations negotiations. The Parties are nearing completion [metlakatla] of a land and cash package and expect to The Tsimshian First Nations are in varying stages finalize it by end year. SXTA continues to engage in treaty negotiations. Kitselas and Kitsumkalum its membership on treaty and strengthen its negotiate together and are in Stage 5 negotiations intergovernmental relations. TRM funding [see page 31]; Metlakatla is in advanced Stage supported community engagement through 4 negotiations; Gitga’at is in Stage 4 negotiations the development of outreach tools, and [see page 38], and Kitasoo/XaiXais remains governance community planning. inactive.

There are approximately 1,410 Stó:lō members, The Metlakatla treaty table continues to work with traditional territory in the Lower Mainland of on a land package and address outstanding

34 | Treaty Commission Annual Report 2016 ARC - 66 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

AIP issues. Metlakatla is approaching treaty Nation is exploring governance initiatives with both negotiations in conjunction with key resource and Canada and BC, as the Parties continue to engage economic developments in its territory, including on lands, resources, and governance. In April 2016, LNG interests. The Nation completed foreshore Gitanyow recommenced a legal action from 2003 and marine resource planning, and continues to for title to its traditional territory. engage its neighbours on potential collaborative initiatives. TRM funding supported a multi-year There are approximately 855 Gitanyow members, land and resource management study. with traditional territory in areas of the Kitwanga and Nass watersheds, and the upper Kispiox River The five Tsimshian First Nations total approximately in the Swan Lakes area. Gitanyow has overlapping 3,580 members. Metlakatla has approximately and/or shared territory with its First Nation neigh- 905 members. Its traditional territory spans bours: Gitxsan Hereditary Chiefs and Nisga’a. - the northwest coast, including Prince Rupert and Terrace areas. The Tsimshian First Nations gitxsan hereditary chiefs territories have overlapping and/or shared The Gitxsan treaty table is in Stage 4 negotiations. territories with their First Nation neighbours: This year the tripartite table focused primarily on Gitxsan Hereditary Chiefs, Haida, Heiltsuk, fisheries and governance. Gitxsan has also been Allied Tribes of Lax Kw’alaams, Gitxaala, Nisga’a, working with neighbouring First Nations to explore - and Wet’suwet’en Hereditary Chiefs. possible collaborative initiatives in the area.

active There are approximately 6,805 Gitxsan members. In treaty negotiations, the Gitxsan Hereditary First Nations in Active Negotiations [16] Chiefs represent the majority of the house groups and membership. Gitxsan traditional territory is da’naxda’xw/awaetlala nation located in the Hazelton area and watersheds The Da’naxda’xw/Awaetlala treaty table is in of the upper Skeena and Nass rivers. Gitxsan Stage 4 negotiations. Da’naxda’xw/Awaetlala is has overlapping and/or shared territory with its finalizing a multi-year governance TRM. Canada First Nation neighbours: Carrier Sekani Tribal and Da’naxda’xw/Awaetlala had discussions on Council, Gitanyow Hereditary Chiefs, Nisga’a, - a potential bilateral federal ITA. Tahltan, Tsimshian First Nations, and Wet’suwet’en Hereditary Chiefs. There are approximately 225 Da’naxda’xw/ Awaetlala members, with traditional territory on homalco indian band the BC mainland across from northern Vancouver The Homalco treaty table is in Stage 4 negotiations. Island. Da’naxda’xw/Awaetlala has overlapping This year the First Nation focused on overlap and and/or shared territory with its First Nation shared territory disputes that exist with three of its neighbours: Mamalilikulla-Qwe’Qwa’Sot’Em First Nations neighbours. Resolving these overlaps and Mumtagila. will assist in moving forward with an updated provincial ITA. On September 16, 2016, Homalco gitanyow hereditary chiefs hosted the Tsilhqot’in Nation as an initial step in The Gitanyow treaty table is in Stage 4 nego- renewing traditional trading relations between the tiations. Tripartite meetings resumed in 2014, nations. Homalco has already implemented a and Gitanyow and British Columbia continue to community engagement plan and a reconciliation implement a reconciliation agreement. The First agreement with British Columbia.

ARC - 67 Treaty Commission Annual Report 2016 | 35 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

There are approximately 475 Homalco members, three communities: Kwadacha, Daylu Dena with traditional territory extending from Phillips Arm, Council, and Dease River First Nations. Kaska west of the mouth of Bute Inlet, to Raza Passage Dena Council has overlapping and/or shared and Quantum River and to Stuart Island and Bute territory with its First Nation neighbours: Carrier Inlet and its watershed. Homalco has overlapping Sekani Tribal Council, Liard, Ross River Dena, and/or shared territory with its First Nation neigh- and Tahltan. bours: K’ómoks, Klahoose, Qualicum, Wei Wai Kum/ Kwiakah, Tla’amin, and Laich-Kwil-Tach Council laich-kwil-tach council of chiefs of Chiefs. The Laich-Kwil-Tach Council of Chiefs [LCC] treaty table is in Stage 4 negotiations. The tripartite hul’qumi’num treaty group table continues to negotiate AIP chapters. The The Hul’qumi’num [HTG] treaty table is in Stage 4 Communications Protocol signed by We Wai negotiations. The Parties are negotiating outstand- Kai, Wei Wai Kum, and Kwaikah in 2014 is being ing chapters, and are continuing to address the implemented. TRM funding supported community critical issue of available private lands for treaty planning, land and resource planning, and a settlement. The tripartite table is on target to governance capacity assessment. complete AIP chapter work in 2017. There are approximately 1,130 LCC members. There are approximately 7,570 HTG members, with LCC is now comprised solely of We Wai Kai, traditional territory encompassing part of southern with traditional territory around Campbell River, Vancouver Island, a narrow corridor on the mainland Quadra Island, and surrounding inlets. LCC has to Yale in the east, and sections of the Salish Sea. overlapping and/or shared territory with its First HTG represents six communities: Cowichan Tribes, Nation neighbours: D’anateuk, Homalco, Klahoose, Halalt, Lake Cowichan, Lyackson, and Penelakut. K’ómoks, Kwiakah, Mamalilikulla-Qwe’Qwa’Sot’Em, HTG has overlapping and/or shared territory with its ’Namgis, Snaw-naw-AS, Qualicum, Tla’amin, - - First Nation neighbours: Ditidaht, Katzie, Musqueam, Tlowitsis, Snuneymuxw, and Wei Wai Kum/Kwiakah. Snuneymuxw, Te’mexw Treaty Association, Tsawwassen, and Yale. lake babine nation The Lake Babine [LBN] treaty table is in Stage 4 kaska dena council negotiations. The Parties continue to negotiate and The Kaska Dena treaty table is in Stage 4 address outstanding AIP issues. LBN continues negotiations. The Parties are nearing completion to engage its membership on areas of interests on outstanding chapters and are working towards for a future land package. In March 2014, British a land and cash offer. The First Nation completed Columbia and LBN signed an ITA that will transfer its draft Constitution, and British Columbia and four land parcels for economic opportunities and Kaska are implementing a Strategic Engagement provide funding to support capacity development. Agreement and an ITA. TRM funding supported TRM funding supported governance capacity land and resource planning and economic building, and land and resource planning. development research. There are approximately 2,490 LBN members There are approximately 740 Kaska Dena representing the communities of Woyenne, Old members, with traditional territory stretching from Fort, Tache, Donald’s Landing, and Fort Babine. north-central BC into Yukon and the Northwest LBN traditional territory spans the area from Burns Territories. The Kaska Dena Council represents Lake in the south to the Babine and Nilkitaw

36 | Treaty Commission Annual Report 2016 ARC - 68 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

rivers to the north, including most of Lake Babine. There are approximately 65 Tlatlasikwala LBN has overlapping and/or shared territory with members, with traditional territory located on the its First Nation neighbours: Carrier Sekani Tribal northern tip of Vancouver Island. Tlatlasikwala Council, Wet’suwet’en Hereditary Chiefs and Nation has overlapping and/or shared territory with Yekooche. its First Nation neighbours: Kwakiutl and Quatsino. nazko first nation tlowitsis first nation The Nazko treaty table is in Stage 4 negotiations. The Tlowitsis treaty table is in Stage 4 negotiations. The First Nation took time out from negotiations In 2014, the table re-engaged in tripartite negotia- to work on community engagement. Since then, tions. The Parties continue to explore land options Canada and Nazko resumed negotiations, and are — Tlowitsis’ reserves are isolated and without beginning to explore the potential of a bilateral housing and infrastructure. TRM funding supported federal ITA. fisheries and marine knowledge development to inform fisheries negotiations. There are approximately 385 Nazko members, with traditional territory extending from Quesnel There are approximately 420 Tlowitsis members, to Prince George. Nazko has overlapping with traditional territory spanning part of northeast- and/or shared territory with its First Nation ern Vancouver Island and an area on the mainland neighbours: Lhtako Dene, Lhoozk’us Dene, just northwest of Sayward. Tlowitsis has overlapping and Alexandria. and/or shared territory with its First Nation neigh- bours: Da’naxda’xw/Awaetlala, Tnak-teuk, ’Namgis, - - taku river tlingit first nation Homalco, K’ómoks, Mamalilikulla-Qwe’Qwa’Sot’Em, The Taku River Tlingit treaty table is in Stage 4 and Laich-Kwil-Tach Council of Chiefs. negotiations. The Parties completed some AIP chapter work and addressed some outstanding tsay keh dene band issues. Taku River Tlingit are also focusing on The Tsay Keh Dene treaty table is in Stage 4 community engagement. negotiations. The tripartite table continues to meet and engage on the treaty settlement lands, land There are approximately 410 Taku River members, quantum, shared decision-making, and resource with traditional territory in northwest BC and revenue sharing. TRM funding supported land southwest Yukon. Taku has overlapping and/or and resource planning and management related shared territory with its First Nation neighbours: to fisheries. Carcross/Tagish and Teslin Tlingit Council. There are approximately 485 Tsay Keh Dene tlatlasikwala nation members, with traditional territory from Mount Trace The Tlatlasikwala treaty table is in Stage 4 in the north, South Pass Peak in the west, Nation negotiations. Canada and Tlatlasikwala negotiated River in the south and Mount Laurier in the east. an incremental treaty agreement in principle, and Tsay Keh Dene has overlapping and/or shared are now working on the Framework Agreement. territory with its First Nation neighbours: Carrier TRM funding is supporting a multi-year fisheries Sekani Tribal Council Nations, Kaska Dena Council, study and lands strategic planning. Gitxsan Hereditary Chiefs, Wet’suwet’en Hereditary Chiefs, Tahltan, and Treaty 8 Tribal Council.

ARC - 69 Treaty Commission Annual Report 2016 | 37 AIP: Agreement in Principle The overlap and/or shared territory information comes from each First Nation’s ITA: Incremental Treaty Agreement Statement of Intent and Readiness documents. Approximate population numbers TRM: Treaty Related Measure are from the First Nations Community Profiles: www.aandc-aadnc.gc.ca.

tsimshian first nations [gitga’at] wei wai kum/kwiakah first nations The Tsimshian First Nations are in varying stages Wei Wai Kum/Kwiakah First Nations [WKTS] treaty in treaty negotiations. Kitselas and Kitsumkalum table is in Stage 4 negotiations. In 2014 WKTS negotiate together and are in Stage 5 negotiations formed it own treaty negotiations table when it [see page 31]; Metlakatla is in advanced Stage separated from Laich-Kwil-Tach Council of Chiefs 4 negotiations [see page 34]; Gitga’at is in [LCC]. A Communications Protocol between WKTS Stage 4 negotiations, and Kitasoo/XaiXais and LLC is being implemented. The Parties have remains inactive. been negotiating AIP chapters. TRM funding supported constitution development, a water The Gitga’at treaty table has been making substan- reserve availability study, and a fish resource tial AIP progress. TRM funding is supporting a planning study. multi-year land and marine resource planning to identify areas of interests for economic, cultural, There are approximately 835 Wei Wai Kum/ and community development and protection. Kwiakah members. WKTS traditional territory is located around the east-central area of Vancouver The five Tsimshian First Nations total approximately Island and mainland coastal watersheds. WKTS has 3,580 members. Gitga’at has approximately overlapping and/or shared territory with its First 755 members. Its traditional territory spans the Nation neighbours: Homalco, Klahoose, K’ómoks, northwest coast, including the Prince Rupert Mamalilikulla-Qwe’Qwa’Sot’Em, Mowachaht, and Terrace areas. The Tsimshian First Nations Muchalaht, ’Namgis, Snaw-naw-AS, Qualicum, - - territories have overlapping and/or shared Snuneymuxw, Tanakteuk, Tla’amgis, and Laich- territories with its First Nation neighbours: Kwil-Tach. Gitxsan Hereditary Chiefs, Haida, Heiltsuk, Allied Tribes of Lax Kw’alaams, Gitxaala, Nisga’a, wet’suwet’en hereditary chiefs - and Wet’suwet’en Hereditary Chiefs. The Wet’suwet’en treaty table is in Stage 4 negotiations. The First Nation is conducting tsleil-waututh nation extensive community engagement on governance The Tsleil-Waututh treaty table is in Stage 4 while working to finalize its constitution, including negotiations. The tripartite table has completed discussions for integrating the Wet’suwet’en most of its chapter work, but the lack of available hereditary system. urban land remains a challenge in reaching agreement on a land package. Tsleil-Waututh There are approximately 3,160 Wet’suwet’en continues to engage its community as well members, with traditional territory in the Bulkley as local government. River drainage area in northwest BC. Wet’suwet’en represents four communities: Hagwilget, Morice- There are approximately 580 Tsleil-Waututh town, Skin Tyee, and Nee Tahi Buhn. Wet’suwet’en members, with traditional territory around North Hereditary Chiefs have overlapping and/or shared Vancouver and the Lower Mainland. Tsleil-Waututh territory with its First Nation neighbours: Carrier has overlapping and/or shared territory with its Sekani Tribal Council, Gitxsan, and Lake Babine. First Nation neighbours: Katzie, Kwikwetlem, Musqueam, Squamish, and Stó:lō.

38 | Treaty Commission Annual Report 2016 ARC - 70 c l a r a t i e o n d n u

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ARC - 71 The BC Treaty Negotiations Process

An independent commission is central to the BC treaty negotiations process. Independence is at the heart of facilitation, and the mandate and work of the Treaty Commission. The right to fair, independent, impartial, and transparent mechanisms to assist with the recognition of Indigenous rights is also enunciated in the UN Declaration [Article 27]. the treaty commission’s work — The Treaty Commission does not negotiate treaties in today’s era of reconciliation — encompasses and is not a party to the negotiations. The Parties three main roles across a broad range of activities: to negotiations are the governments of Canada, facilitating negotiations including assisting the British Columbia, and individual or collective First Parties in finding solutions and resolving disputes, Nations. The First Nations Summit is not a Party to allocating negotiation support funding to enable treaty negotiations. Instead it acts as a forum for First Nation participation in the negotiations, and First Nations in the BC treaty negotiations process. educating the public about treaty negotiations by engaging the public about the constitutional The operating costs of the Treaty Commission are imperative of treaty making. funded by the federal and provincial governments. In the 2015-16 fiscal year, operating funding The Principals to the BC treaty negotiations was $2.55 million. The Government of Canada process are the Government of Canada, contributes 60% of the Treaty Commission’s represented by the Minister of Indigenous and budget, and the Government of British Columbia Northern Affairs Canada, the Government of contributes 40%. British Columbia, represented by the Minister of Aboriginal Relations and Reconciliation, and The Treaty Commission is comprised of a Chief the First Nations Summit, represented by the Commissioner, four Commissioners, and ten three-member Task Group. staff members. Currently there is a vacancy in the Chief Commissioner position, and one of the In 1991, the three Principals set out their responsibil- Commissioners is Acting Chief Commissioner. ities with the acceptance of the 19 recommendations of the Task Force Report. The recommendations independent facilitator called for the creation of the Treaty Commission The Treaty Commission is the only tripartite and the six-stage made-in-BC treaty negotiations statutory body in the country whose mandate is process, which were both officially established in to support reconciliation. The BCTC Agreement 1992 when the Principals signed the BC Treaty and associated legislation states that the primary Commission Agreement. role of the Treaty Commission is to assist the Parties and the Principals as an independent facilitator of the negotiations.

40 | Treaty Commission Annual Report 2016 ARC - 72 The BCTC assists in advancing reconciliation In recent years, the Treaty Commission has begun through the made-in-BC treaty negotiations to take on special initiatives to support treaty nego- process by ensuring the work of the Parties tiations and provide First Nations with more tools. is effective and is making progress. These have included:

To do this, the Treaty Commission: • hosting forums that create a venue for sharing knowledge, experiences, and best • assists the Parties in developing solutions practices, especially between First Nations and in resolving disputes currently negotiating and First Nations that are implementing modern treaties • observes and reports on negotiations progress and encourages timely negotiations • publishing resources, such as the Ratification Guide, created to assist First Nations with • chairs key meetings at negotiating tables community approval and ratification votes, and the Human Resource Capacity Tool Kit, • reports publicly on key opportunities and to support First Nations in preparing for obstacles self-government

• works with the Principals on improving the • providing assistance to address overlaps and treaty negotiations process shared territory disputes so First Nations can resolve these issues earlier in negotiations • monitors and reports on progress and encourages timely negotiations multilateral engagement process Treaty negotiations in British Columbia have Commissioners and staff are involved in an been complex, lengthy, and challenging for all increasing variety of facilitation initiatives. Parties. Between June 2015 and May 2016 the This increased demand has arisen from a number Principals took part in a Multilateral Engagement of circumstances, including: intensified treaty Process exploring ways to improve and expedite negotiations at Stage 5 and Stage 4 tables, treaty negotiations in BC. The Treaty Commission completion of final agreement negotiations and participated in this process in an advisory capacity. the ratification requirements for First Nations, The Multilateral Engagement Process resulted in stalled treaty negotiations, intensified inter-First affirmation by all the Principals of their commitment Nation dialogue on overlapping and shared to treaty negotiations, and adoption of proposals territories and complex consultations between to expedite and improve negotiations. the Crown and First Nations affected by overlaps, as well as intensified internal First Nations Two committees were established: A Senior dialogue, especially in multi-community First Officials Group monitored progress and provided Nations with respect to issues of shared territory, direction, and a Technical Working Group governance, and capacity. developed action items for the Senior Officials

ARC - 73 Treaty Commission Annual Report 2016 | 41 and Principals to consider. The committees were recommendation of the Multilateral Engagement tasked with developing proposals in five key areas: Report that the BCTC play a larger and more direct role in evaluating shared territory work. This • Process efficiencies increased role includes working with Canada and BC, as well as individual First Nations, in finding • Negotiation support funding constructive solutions and accessing efforts.

• Shared territory and overlap issues funding The Treaty Commission is the independent • Certainty funding authority for treaty negotiations in BC, as recommended in the Task Force Report and • Role of the Treaty Commission set out in the BCTC Agreement and associated legislation. On May 24, 2016, the Principals endorsed the 24 proposals and action items in the Multilateral The role of the BCTC is to “ensure that the process Engagement Report. It can be read online on the is fair and impartial, that all parties have sufficient websites of both Indigenous and Northern Affairs resources to do the job, and that the parties work Canada [INAC] and the Ministry of Aboriginal effectively to reach agreements” [Task Force Report, Relations and Reconciliation [MARR]. p. 35]. The allocation of negotiation support funding to First Nations assists with this principle. The Multilateral Engagement Report recognizes First Nations have the choice of accepting the role of the Treaty Commission in supporting contribution funding or taking any portion of negotiating tables as they advance to final the loans allocated. agreement negotiations, and proposed that the Treaty Commission “request, at agreement in Allocations are made up of a maximum of 80% principle signing, a Stage 5, multi-year, tripartite loans advanced by Canada, and a minimum of 20% strategy to conclude final agreement within a non-repayable contribution funding. Typically for specified time frame, endorsed by the leadership every $100 of negotiation support funding allocat- of the First Nation and federal and provincial ed, $80 is a loan from Canada, $12 is a contribution ministers” [p. 13]. from Canada, and $8 is a contribution from BC.

Overlaps and shared territory disputes have Loan advances to a First Nation must end at least become increasingly challenging. In recent 30 days prior to the three Parties signing the years, the BCTC has increased its facilitation final agreement. However, contribution funding role in overlap and shared territory discussions is available until the effective date of a treaty. both directly and indirectly, and has been able to provide contribution-only allocations to First Since negotiations began in May 1993, the Treaty Nations for overlap work when surplus funds are Commission has allocated approximately $682 identified. The Treaty Commission welcomes the million in negotiation support funding to 60 First

42 | Treaty Commission Annual Report 2016 ARC - 74 Nations. Approximately $534 million of that funding The governments of Canada and BC also share is loans and $148 million is contributions. the responsibility of providing public information on negotiations, and the three Parties to each set At March 31, 2016, outstanding negotiation loans of negotiations are required to provide specific totaled approximately $523 million [excluding information on the progress of their treaty tables. accrued interest]. The Tsawwassen First Nation, the five Maa-nulth First Nations, and Tla’amin To fulfill this mandate, the Treaty Commission: Nation have begun to repay their negotiation loans [as Nisga’a did] under the terms of their • reports on the status of treaty negotiations - final agreements. throughout the year in its newsletter, Update, and consolidates this information in its annual report A key funding action item in the Multilateral Engagement Report instructs the Senior Officials • organizes Forums bringing First Nations to work with the Treaty Commission to “link funding together to learn from each another decisions more closely to activities in a tripartite work plan” [p. 14]. This is already underway, and • writes publications to share best practices the Treaty Commission will be more involved with First Nations and the public, such as the in assisting the Parties to produce tripartite Ratification Guideand the Human Resources work plans. Capacity Tool Kit

Two other action items are also proceeding: • communicates with the public on treaty Senior Officials now may request that BCTC negotiations at conferences, tradeshows, provide “a brief explanatory note to funding special events, community forums, meetings, agreements setting out a summary of internal and schools First Nation activities” taken into account when allocating funding [p. 15]; and loan due dates for • meets with federal and provincial departments First Nations are in the process of being extended to advocate for the importance of treaty for another five years. negotiations in fulfilling Canada and BC’s constitutional obligations Lastly, a Technical Working Group is currently developing a discussion paper that will explore • maintains a website with current and historical new funding models to support the participation information on treaty negotiations and all of First Nations in treaty negotiations. publications, including annual reports, news releases, newsletters, forum materials, videos, public education and information and teaching materials The Treaty Commission’s third role is to provide the public with information on treaty negotiations • engages with the public using social media in BC, and to educate the public on its role in channels such as Facebook, Instagram, supporting and understanding treaty making. YouTube, and most recently Twitter

ARC - 75 Treaty Commission Annual Report 2016 | 43 BCTC Commissioners

The Chief Commissioner is appointed by agreement of the three Principals. One Commissioner is appointed by Canada and one is appointed by British Columbia. The First Nations Summit elects two Commissioners. Commissioners do not represent the Principals who appoint them, but act independently.

celeste haldane jerry lampert acting chief commissioner commissioner Jerry Lampert was first Celeste Haldane was elected appointed in December Commissioner for a third two- 2007 by the Government year term by the First Nations of Canada. His current term Summit in February 2015. She runs to February 2017, marking is currently the Acting Chief more than nine years as a Commissioner. Commissioner.

Celeste is a practising lawyer and holds an LL.M. Jerry served for 15 years as President and in Constitutional Law from Osgoode Hall Law Chief Executive Officer of the Business Council School [York University], and an LL.B. and B.A. of British Columbia, where he was a vocal both from the University of British Columbia. advocate for developing better business In 2015 she began her Doctorate at UBC in relationships with First Nations in British Columbia. Anthropology & Law. Prior to joining the Business Council, Jerry was a The Provincial Government appointed her to serve principal in a government relations/public affairs on the UBC Board of Governors and the Legal consulting firm offering strategic and tactical Services Society. Celeste is an active member of advice to private sector corporations in their the Canadian Bar Association and the Indigenous dealings with governments. He has held many Bar Association. She is a 2015 alumni of the Governor key political organization and advisory positions, General’s Canadian Leadership Conference. including serving as Chief of Staff to two Premiers of British Columbia and managing two successful Celeste is a member of the Sparrow family from provincial election campaigns in British Columbia. Musqueam and is Tsimshian through Metlakatla. She previously served as the Chair of the Musqueam Land Code Committee, a member of the Intergovernmental Affairs Committee, the Housing & Capital Committee, and the Matrimonial Real Property Committee. Celeste is the proud mother of three and grandmother of two.

44 | Treaty Commission Annual Report 2016 ARC - 76 tom happynook francis frank commissioner commissioner Tom Happynook was Francis Frank was elected appointed in February 2015 as Commissioner by the by the Province of British First Nations Summit for a Columbia to serve a two-year two-year term beginning in term. He is from Huu-ay-aht March 2015. He is from First Nations and is the Head Tla-o-qui-aht First Nations on Hereditary Whaling Chief. the west coast of Vancouver Island and is a trained social worker with a BSW Huu-ay-aht is one of the five communities that from the University of Victoria. make up the Maa-nulth First Nations, which has been implementing their modern-day compre- Prior to joining the Treaty Commission, Francis hensive treaty since April 1, 2011. Tom played a served his Nation in a variety of roles, including large role in the negotiations and implementation as Chief Councillor for fourteen years, negotiator of Huu-ay-aht’s treaty. He was elevated to Chief for ten years, and band manager for six years. Treaty Negotiator with the mandate to bring the He has extensive experience in negotiations, Huu-ay-aht treaty to conclusion in July 2007. He and was directly involved in the negotiation of then took on the role of Treaty Implementation the first interim measures agreement, as well as Team Leader from June 2009 to March 2011 to the first incremental treaty agreement in British ensure the Nation had a smooth transition to Columbia, successfully securing land and finances self-governance. for his First Nation.

Tom was a firefighter for sixteen years, retiring in 1998 as a Deputy Platoon Chief [Captain]. He is married to Kathy Happynook, and together they have three children and four grandchildren.

ARC - 77 Treaty Commission Annual Report 2016 | 45 UN Declaration Key Articles

The UN Declaration in its entirety constitutes “the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” Some articles hold more prominence for treaty negotiations, but all apply in advancing reconciliation. These have been described in the interviews as the heart, spirit, purpose, and processes of the UN Declaration.

These articles and others will continue to inform the negotiations and the progress of reconciliation in Canada. For full text please refer to the United Nations Declaration on the Rights of Indigenous People.

heart processes Article 3 Article 27 Indigenous peoples have the right to self- States shall establish and implement, in determination. By virtue of that right they freely conjunction with indigenous peoples concerned, determine their political status and freely pursue a fair, independent, impartial, open and transparent their economic, social and cultural development. process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure Article 4 systems, to recognize and adjudicate the rights Indigenous peoples, in exercising their right to of indigenous peoples pertaining to their lands, self-determination, have the right to autonomy or territories and resources, including those which self-government in matters relating to their internal were traditionally owned or other­wise occupied and local affairs, as well as ways and means for or used. Indigenous peoples shall have the right financing their autonomous functions. to participate in this process. spirit Article 37 Article 25 Indigenous peoples have the right to the recognition, Indigenous peoples have the right to maintain and observance and enforcement of treaties, agreements strengthen their distinctive spiritual relationship with and other constructive arrangements concluded with their traditionally owned or otherwise occupied and States or their successors and to have States honour used lands, territories, waters and coastal seas and and respect such treaties, agreements and other other resources and to uphold their responsibilities constructive arrangements. to future generations in this regard. The following articles also relate to treaty purpose negotiations. Article 43 The rights recognized herein constitute the Article 19 [Free, prior and informed consent] minimum standards for the survival, dignity and Article 26 [Right to/recognition of traditional lands] well-being of the indigenous peoples of the world. Article 28 [Redress, restitution and compensation] Article 29 [Right to protection of the environment] Article 34 [Right to institutional structures] Article 45 [No extinguishment] Article 46 [Political unity]

46 | Treaty Commission Annual Report 2016 ARC - 78 photography — Alex Sutcliffe [back cover + dividers 3, 19, 39] and W.J. Jamie Sterritt [front cover + divider 21].

The Treaty Commission would like to thank Tla’amin Nation for allowing us to photograph its Government House.

ARC - 79 bctreaty.ca 700 – 1111 melville st vancouver bc v6e 3v6 t 604 482 9200 / f 604 482 9222 tf 1 855 482 9200

ARC - 80 6.2

Box 219, 1350 Aster Street Pemberton, BC V0N 2L0 P. 604-894-6371 TF. 800-298-7753 F. 604-894-6526 [email protected] www.slrd.bc.ca

December 16, 2016

BY EMAIL ONLY ([email protected])

Greater Vancouver Regional District 4330 Kingsway Burnaby, BC V5H 4G8

Attention: Chris Plagnol, Corporate Officer

Dear Mr. Plagnol:

Re: 2017 Squamish-Lillooet Regional District Representative

On behalf of the Squamish-Lillooet Regional District (SLRD) Board of Directors, I am pleased to advise that at the Regular Board Meeting on November 23/24, 2016, the SLRD Board made the following appointment to the Metro Vancouver (Greater Vancouver Regional District) – Aboriginal Relations Committee for 2017:

 Director Jack Crompton.

Please forward all correspondence, agendas and minutes directly to Director Crompton at the following address (there is no need to send duplicate copies to the SLRD):

Jack Crompton Councillor, Resort Municipality of Whistler c/o Resort Municipality of Whistler 4325 Blackcomb Way Whistler, BC V0N 1B4 Tel: (604) 902-8747 Email: [email protected]

Yours truly,

Kristen Clark Director of Legislative and Corporate Services cc. Chair Crompton (by email only)

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ARC - 83 Greater

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METRO VANCOUVER’S PROFILE OF FIRST NATIONS with Interests in the Region JANUARY 2017 Aboriginal Relations, Legal and Legislative Services

ARC - 87 ARC - 88 CONTENTS

Introduction ______4

First Nation Reserves and Treaty Lands in Metro Vancouver ______5

First Nations Located Within Metro Vancouver ______6

Katzie First Nation ______6

Kwantlen First Nation ______8

Kwikwetlem First Nation ______10

Matsqui First Nation ______12

Musqueam Indian Band______14

Semiahmoo First Nation ______16

Squamish Nation ______18

Tsawwassen First Nation ______20

Tsleil-Waututh Nation ______22

First Nations without Reserve Lands ______24

Qayqayt First Nation ______24

Hwlitsum First Nation ______24

First Nations in the Metro Vancouver Region ______25

First Nations, Tribal Councils, Treaty Groups and Associations Located Outside

Metro Vancouver with Interests in the Region ______26

Did You Know? ______27

ARC - 89 Metro Vancouver’s Profile of First Nations 3 INTRODUCTION

One of the objectives in Metro Vancouver Board’s Strategic Plan is to “enhance relationships between Metro Vancouver and other orders of government, First Nations and stakeholders.”

This document is a resource guide for building and fostering better local government- First Nation relations. Metro Vancouver’s Profile of First Nations provides Metro Vancouver, its Board, committees, and the public with information on neighbouring First Nations and First Nations outside Metro Vancouver that have interests within the region.

METRO VANCOUVER’S ABORIGINAL RELATIONS PROGRAM:

• Provides advice, information and support on First Nations’ interests that may affect corporate programs, initiatives and projects

• Responds to pan-municipal First Nation issues

• Represents and supports Metro Vancouver local government interests at treaty negotiation tables and related activities, and

• Provides staff support to the Metro Vancouver Board’s Aboriginal Relations Committee and the Municipal Technical Advisory Committee on Aboriginal Relations (MTAC)

For additional information on Aboriginal Relations, please contact Metro Vancouver: 604.432.6200; [email protected]

4 Metro Vancouver’s Profile of First Nations ARC - 90 FIRST NATION RESERVES AND TREATY LANDS IN METRO VANCOUVER

ARC - 91 Metro Vancouver’s Profile of First Nations 5 FIRST NATIONS LOCATED WITHIN METRO VANCOUVER

KATZIE FIRST NATION

Katzie’s five Indian Reserves are located within four different Metro Vancouver jurisdictions: Pitt Meadows, Maple Ridge, Township of Langley, and two Indian Reserves within Metro Vancouver’s Electoral Area ‘A’.

Katzie’s main reserve (Katzie Indian Reserve No. 1) is located in Pitt Meadows. The First Nation has the largest reserve in the region (Pitt Lake I.R. No. 4, 2.18 sq.km.) as well as some of the smallest reserves (Katzie I.R. No. 2, Barnston Island I.R. No. 3, and Graveyard I.R. No. 5, a cemetery).

The name “Katzie”, or q‘eyts’i, describes the action of a person’s foot pressing down on moss.

CONTACT 10946 Katzie Road Pitt Meadows, BC, V3Y 2G6 Tel: 604.465.8961 Fax: 604.465.5949 Email: [email protected] Web: www.katzie.ca

STATUS OF TREATY NEGOTIATIONS Stage 4: Agreement-in-Principle

FIRST NATION OFFICIALS Chief Susan Miller Councillor Rick Bailey Councillor Peter James Councillor Robin Green

REGISTERED POPULATION AS OF Total Registered Population 579 DECEMBER 2016* Living on own reserves 312 Living on other reserves 7 Living off reserve 260

INDIAN RESERVES IN MV (HECTARES)* Total: 335.2 Hectares Katzie I.R. No. 1 (43.1) Katzie I.R. No. 2 (23.1) Barnston Island I.R. No. 3 (54.6) Pitt Lake I.R. No. 4 (214) Graveyard I.R. No. 5 (0.4)

REGISTERED POPULATION ON Katzie I.R. No. 1 – 229 RESERVES** Katzie I.R. No. 2 – 0 Barnston Island I.R. No. 3 – 0

* Sources: Indigenous and Northern Affairs Canada; Katzie First Nation Web Site; BC Treaty Commission ** Sources: Census 2011

6 Metro Vancouver’s Profile of First Nations ARC - 92 KATZIE FIRST NATION RESERVES

KATZIE STATEMENT OF INTENT

BC Treaty Commission: www.bctreaty.net/sites/default/files/Katzie_SOI_Map.pdf

ARC - 93 Metro Vancouver’s Profile of First Nations 7 FIRST NATIONS LOCATED WITHIN METRO VANCOUVER

KWANTLEN FIRST NATION

Three of Kwantlen First Nation’s six Indian Reserves are located within the Metro Vancouver region. The other reserves are located within the Fraser Valley Regional District including, Peckquaylis, a Reserve shared with Matsqui First Nation.

The name “Kwantlen” translates into “tireless runners.”

Kwantlen First Nation is affiliated with the Sto:lo Tribal Council.

CONTACT 23690 Gabriel Lane, PO Box 108 Fort Langley, BC, V1M 2R4 Tel: 604.888.2488 Fax: 604.888.2442 Web: www.stolotribalcouncil.ca

STATUS OF TREATY NEGOTIATIONS Sto:lo Negotiations Stage 4: AIP Currently not in treaty negotiations

TRIBAL ASSOCIATION Sto:lo Tribal Council

FIRST NATION OFFICIALS Chief Marilyn Gabriel Councillor Tumia Knott Councillor Leslie Antone

REGISTERED POPULATION AS OF Total Registered Population 284 DECEMBER 2016* Living on own reserves 70 Living on other reserves 34 Living off reserve 180

INDIAN RESERVES IN MV (HECTARES)* Total: 356 Hectares McMillan Island I.R. No. 6 (181) Langley I.R. No. 5 (140.6) Whonnock I.R. No. 1 (34.4)

REGISTERED POPULATION McMillan Island I.R. No. 6 – 70 ON RESERVES** Langley I.R. No. 5 – 0 Whonnock I.R No. 1 – 0

* Sources: Indigenous and Northern Affairs Canada; BC Treaty Commission ** Source: Census 2011

8 Metro Vancouver’s Profile of First Nations ARC - 94 KWANTLEN FIRST NATION RESERVES

ARC - 95 Metro Vancouver’s Profile of First Nations 9 FIRST NATIONS LOCATED WITHIN METRO VANCOUVER

KWIKWETLEM FIRST NATION

Kwikwetlem has two Indian Reserves: Coquitlam I.R. No. 1 is located in Coquitlam, at the mouth of Coquitlam River, where it drains into the Fraser River; and Coquitlam I.R. No. 2 is located further up the Coquitlam River in Port Coquitlam.

The name “Kwikwetlem” means “red fish up the river.”

CONTACT 2-65 Colony Farm Road Coquitlam, BC, V3C 5X9 Tel: 604.540.0680 Fax: 604.525.0772 Email: [email protected] Web: www.kwikwetlem.com

STATUS OF TREATY NEGOTIATIONS Not involved in treaty negotiations

FIRST NATION OFFICIALS Chief Ron Giesbrecht Councillor Fred Hulbert Sr. Councillor Ed Hall

REGISTERED POPULATION AS OF Total Registered Population 98 DECEMBER 2016* Living on own reserves 36 Living on other reserves 4 Living off reserve 58

INDIAN RESERVES IN MV (HECTARES)* Total: 84.5 Hectares Coquitlam I.R. No. 1 (2.6) Coquitlam I.R. No. 2 (81.9)

REGISTERED POPULATION Coquitlam I.R. No. 1 – 39 ON RESERVES** Coquitlam I.R. No. 2 - 5

* Sources: Indigenous and Northern Affairs Canada; Kwikwetlem First Nation Web Site; BC Treaty Commission ** Source: Census 2011

10 Metro Vancouver’s Profile of First Nations ARC - 96 KWIKWETLEM FIRST NATION RESERVES

ARC - 97 Metro Vancouver’s Profile of First Nations 11 FIRST NATIONS LOCATED WITHIN METRO VANCOUVER

MATSQUI FIRST NATION

Matsqui First Nation has four reserves, as well as another shared with Kwantlen First Nation, but only one is located within Metro Vancouver. Matsqui I.R. No. 4 is in the Township of Langley, where a majority of the First Nation members live.

The name “Matsqui” translates into “easy portage” or “easy travelling.”

Matsqui First Nation is affiliated with the Sto:lo Nation, an alliance of 11 First Nation communities in the Fraser Valley.

CONTACT 31989 Harris Road, PO Box 10 Matsqui, BC, V4X 3R2 Tel: 604.826.6145 Fax: 604.826.7009 Email: [email protected]

STATUS OF TREATY NEGOTIATIONS Sto:lo Negotiations Stage 4: AIP Currently not in treaty negotiations

AFFILIATION Sto:lo Nation

FIRST NATION OFFICIALS Chief Alice McKay Councillor Louis Julian Councillor Brenda Morgan

REGISTERED POPULATION AS OF Total Registered Population 265 DECEMBER 2016* Living on own reserves 100 Living on other reserves 16 Living off reserve 149

INDIAN RESERVES IN MV (HECTARES)* Total: 24.3 Hectares Matsqui I.R. No. 4 (24.3)

REGISTERED POPULATION Matsqui I.R. No. 4 – 498 ON RESERVES**

* Source: Indigenous and Northern Affairs Canada

** Source: Census 2011

12 Metro Vancouver’s Profile of First Nations ARC - 98 MATSQUI FIRST NATION RESERVE

ARC - 99 Metro Vancouver’s Profile of First Nations 13 FIRST NATIONS LOCATED WITHIN METRO VANCOUVER

MUSQUEAM INDIAN BAND

Musqueam’s three reserves are located in Vancouver, Richmond and Delta. Musqueam’s main community is located in the marshy lowlands overlooking the north arm of the Fraser River (in the south-west corner of Vancouver) and the species of grass that once thrived on the foreshore may be the root of the Indian Band’s ancient name, X’muzk’i’um.

CONTACT 6735 Salish Drive Vancouver, BC, V6N 4C4 Tel: 604.263.3261 Fax: 604.263.4212 Web: www.musqueam.bc.ca

STATUS OF TREATY NEGOTIATIONS Stage 4: Currently not in treaty negotiations

FIRST NATION OFFICIALS Chief Wayne Sparrow Councillor Rosalind Campbell Councillor Nolan Charles Councillor Allyson Fraser Councillor Gordon Grant Councillor Howard Grant Councillor Wendy Grant-John Councillor Morgan Guerin Councillor Tammy Harkey Councillor Michele Point Councillor Nora Stogan

REGISTERED POPULATION AS OF Total Registered Population 1,396 DECEMBER 2016* Living on own reserves 675 Living on other reserves 117 Living on no band Crown land 1 Living off reserve 603

INDIAN RESERVES IN MV (HECTARES)* TTotal: 254.2 Hectares Musqueam I.R. No. 2 (190.4) Musqueam I.R. No. 4 (57.3) Sea Island I.R. No. 3 (6.5)

REGISTERED POPULATION Musqueam I.R. No. 2 – 1,569 ON RESERVES** Musqueam I.R. No. 4 – 5

* Sources: Indigenous and Northern Affairs Canada; Musqueam Indian Band Web Site; BC Treaty Commission ** Source: Census 2011

14 Metro Vancouver’s Profile of First Nations ARC - 100 MUSQUEAM INDIAN BAND RESERVES

Musqueam Indian Band: www.musqueam.bc.ca/sites/default/files/musqueam_regional_soi_with_reserves.pdf

MUSQUEAM DECLARATION Musqueam Indian Band: www.musqueam.bc.ca/sites/default/files/musqueam_declaration.pdf

ARC - 101 Metro Vancouver’s Profile of First Nations 15 FIRST NATIONS LOCATED WITHIN METRO VANCOUVER

SEMIAHMOO FIRST NATION

Semiahmoo First Nation has one reserve located in South Surrey.

The Semiahmoo First Nation is named after the Semiamu Indians. The name is said to mean “half moon.”

CONTACT 16049 Beach Road Surrey, BC, V3S 9R6 Tel: 604.536.3101 Fax: 604.536.6116 Web: www.semiahmoofirstnation.org

STATUS OF TREATY NEGOTIATIONS Not involved in treaty negotiations

FIRST NATION OFFICIALS Chief Harley Chappell Councillor Roxanne Charles Councillor Joanne Charles

REGISTERED POPULATION AS OF Total Registered Population 98 DECEMBER 2016* Living on own reserves 51 Living on other reserves 7 Living off reserve 40

INDIAN RESERVES IN MV (HECTARES)* Total: 129.1 Hectares Semiahmoo I.R. (129.1)

REGISTERED POPULATION Semiahmoo I.R. – 108 ON RESERVES**

* Source: Aboriginal Affairs and Northern Development Canada (AANDC)

16 Metro Vancouver’s Profile of First Nations ARC - 102 SEMIAHMOO FIRST NATION RESERVE

ARC - 103 Metro Vancouver’s Profile of First Nations 17 FIRST NATIONS LOCATED WITHIN METRO VANCOUVER

SQUAMISH NATION

On July 23, 1923, 16 Squamish-speaking tribes amalgamated to form the Squamish Nation “to guarantee equality to all Squamish and to ensure good government.” * Today, Squamish Nation is the largest First Nation in the region in terms of the number of Reserves, combined area of Reserves, Registered Indian population, and total member population on its Reserves. Members of the Squamish Nation continue to live primarily at the North Vancouver reserves – Mission, Capilano and Seymour – and at four of nine reserves in the Squamish Valley to the north.

CONTACT PO Box 86131, North Vancouver, BC, V7L 4J5 Tel: 604.980.4553 Fax: 604.980.4523 Web: www.squamish.net

STATUS OF TREATY NEGOTIATIONS Stage 3: Currently not in treaty negotiations

FIRST NATION OFFICIALS Co-Chair Councillor Byron Joseph Co-Chair Councillor Ann Whonnock Councillor Alroy ‘Bucky’ Baker Councillor Deborah ‘Debbie’ Baker Councillor Richard ‘Ritchie’ Baker Councillor Veronica Baker Councillor Chief Ian Campbell Councillor Carla George Councillor Dennis Joseph Councillor Joshua Joseph Councillor Christopher Lewis Councillor Danielle Mellish Councillor Anthony ‘Tony’ Moody Councillor Chief Richard ‘Dick’ Williams Councillor Wilson Williams

REGISTERED POPULATION AS OF Total Registered Population 4,214 DECEMBER 2016* Living on own reserves 2,232 Living on other reserves 193 Living on no band Crown land 1 Living off reserve 1,788

INDIAN RESERVES IN MV (HECTARES)* Total: 265.1 Hectares Capilano I.R. No. 5 (155.6) Kitsilano I.R. No. 6 (4.4) Mission I.R. No. 1 (59.6) Seymour Creek I.R. No. 2 (45.5)

REGISTERED POPULATION Capilano I.R. No. 5 – 2,700 ON RESERVES** Mission I.R. No. 1 – 574 Seymour Creek I.R. No. 2 – 107

* Indigenous and Northern Affairs Canada; Squamish Nation Web Site; BC Treaty Commission ** Source: Census 2011 18 Metro Vancouver’s Profile of First Nations ARC - 104 SQUAMISH NATION RESERVES

SQUAMISH STATEMENT OF INTENT

BC Treaty Commission: www.bctreaty.net/sites/default/files/Squamish_01_SOI_Map.pdf

ARC - 105 Metro Vancouver’s Profile of First Nations 19 FIRST NATIONS LOCATED WITHIN METRO VANCOUVER

TSAWWASSEN FIRST NATION

On April 3, 2009, Tsawwassen First Nation ratified the first urban treaty in British Columbia, thereby reconciling Aboriginal rights and title and fulfilling its right to self-government. The treaty provides Tsawwassen with jurisdiction over its land base of 724 hectares. On that date, Tsawwassen also became a full member of Metro Vancouver (both the Greater Vancouver Regional District and Greater Vancouver Water District).

Tsawwassen Lands are located on the coast overlooking the Strait of Georgia, near the Tsawwassen Ferry Terminal. The name “Tsawwassen” means “facing the sea.”

CONTACT 1926 Tsawwassen Drive Tsawwassen, BC, V4M 4G2 Tel: 604.943.2112 Fax: 604.943.9226 Email: info@tsawwassenfirstnation.com Web: www.tsawwassenfirstnation.com

STATUS OF TREATY NEGOTIATIONS Treaty Effective Date: April 3, 2009

TRIBAL ASSOCIATION Naut’sa mawt Tribal Council

FIRST NATION OFFICIALS Chief Bryce Williams Executive Councillor Tony Jacobs Executive Councillor Ken Baird Executive Councillor Laura Cassidy Executive Councillor Louise Ahlm

REGISTERED POPULATION AS OF Total Registered Population 366 DECEMBER 2016* Living on Treaty Lands 185 Living on other reserves 8 Living off Treaty Lands 173

REGISTERED POPULATION ON Tsawwassen Lands – 720 TREATY LANDS**

* Sources: Tsawwassen First Nation Membership Registry; Tsawwassen First Nation Web Site; BC Treaty Commission ** Source: Census 2011

20 Metro Vancouver’s Profile of First Nations ARC - 106 TSAWWASSEN LANDS

TSAWWASSEN STATEMENT OF INTENT

BC Treaty Commission: bctreaty.net/sites/default/files/Tsawwassen_SOI_Map.pdf

ARC - 107 Metro Vancouver’s Profile of First Nations 21 FIRST NATIONS LOCATED WITHIN METRO VANCOUVER

TSLEIL-WAUTUTH NATION

Tsleil-Waututh, the “people of the inlet”, live near, but not quite on, Indian Arm looking out across the Burrard Inlet.

Tsleil-Waututh has three reserves. The main community is located on Burrard Inlet I.R. No. 3 in North Vancouver. Tsleil-Waututh Nation’s land base of 110.7 hectares is the second smallest of the First Nations located within Metro Vancouver.

CONTACT 3075 Takaya Drive North Vancouver, BC, V7H 2V6 Tel: 604.929.3454 Fax: 604.929.4714 Web Site: www.burrardband.com

STATUS OF TREATY NEGOTIATIONS Stage 4: Agreement-in-Principle

TRIBAL ASSOCIATION Naut’sa mawt Tribal Council

FIRST NATION OFFICIALS Chief Maureen Thomas Councillor Charlene Aleck Councillor Deanna George Councillor Travis George Councillor Liana Martin Councillor Jen Thomas

REGISTERED POPULATION AS OF Total Registered Population 586 DECEMBER 2016* Living on own reserves 287 Living on other reserves 45 Living off reserve 254

INDIAN RESERVES IN MV (HECTARES)* Total: 110.7 Hectares Burrard Inlet I.R. No. 3 (108.2) Inlailawatash I.R. No. 4 (0.5) Inlailawatash I.R. No. 4A (2)

REGISTERED POPULATION Burrard Inlet I.R. No. 3 – 1,472 ON RESERVES**

* Sources: Indigenous and Northern Affairs Canada; Tsleil-Waututh Nation Web Site; BC Treaty Commission ** Source: Census 2011

22 Metro Vancouver’s Profile of First Nations ARC - 108 TSLEIL-WAUTUTH NATION RESERVES

TSLEIL-WAUTUTH STATEMENT OF INTENT

BC Treaty Commission: www.bctreaty.net/sites/default/files/Tsleil_Waututh_SOI_Map.pdf

ARC - 109 Metro Vancouver’s Profile of First Nations 23 FIRST NATIONS WITHOUT RESERVE LANDS

QAYQAYT FIRST NATION

Qayqayt First Nation (New Westminster Indian Band) has the distinction of being one of the smallest First Nations in Canada (in terms of its membership) and does not have a land base.

CONTACT Suite 105 – 3680 Rae Avenue Vancouver, BC, V5R 2P5 Tel: 604.451.0531 Fax: 604.451.9231

STATUS OF TREATY NEGOTIATIONS Not involved in treaty negotiations

FIRST NATION OFFICIALS Chief Rhonda Larrabee Councillor Robert Bandura Councillor Rodney Bandura Councillor Ronald Lee

REGISTERED POPULATION AS OF Total Registered Population 14 DECEMBER 2016* Living on own reserves 0 Living on other reserves 0 Living off reserve 14

* Source: Indigenous and Northern Affairs Canada

HWLITSUM FIRST NATION

Hwlitsum First Nation claims that its unofficial membership of 300 people includes a Registered Indian Population of 185 members. Although it is currently without Reserve lands, Hwlitsum’s traditional territory encompasses a large portion of the Metro Vancouver region, the Gulf Islands, and a portion of Vancouver Island.

CONTACT To be confirmed when available

STATUS OF TREATY NEGOTIATIONS Stage 2: Currently not in treaty negotiations

FIRST NATION OFFICIALS To be determined

REGISTERED POPULATION AS OF Total Registered Population N.A. DECEMBER 2016* Living on own reserves N.A. Living on other reserves N.A. Living off reserve N.A.

* Source: Indigenous and Northern Affairs Canada

24 Metro Vancouver’s Profile of First Nations ARC - 110 FIRST NATIONS IN THE METRO VANCOUVER REGION

First Nations Treaty Stage of Current Indian Reserve Indian Reserves Next First Nation within Metro the BC Treaty Membership or TSL Area in in Region/of Council Elections Vancouver Process (Dec 2016) Region (ha) Total Reserves

KATZIE Stage 4: Active 579 335.2 5/5 March 31, 2018 Negotiations

KWANTLEN Part of Sto:lo 284 356 3/6 (+ 0.5) N.A. Tribal Council; not in treaty

KWIKWETLEM Not in the BC 98 84.5 2/2 March 31, 2019 Treaty Process

MATSQUI Part of Sto:lo 265 24.3 1/4 (+ 0.5) June 30, 2019 Nation; not in treaty

MUSQUEAM Stage 4: not 1,396 254.2 3/3 November 30, 2020 negotiating

SEMIAHMOO Not in the BC 98 129.1 1/1 December 27, 2018 Treaty Process

SQUAMISH Stage 3: not 4,214 265.1 4/24 December 11, 2017 negotiating

TSAWWASSEN Treaty First 366 Treaty Lands Treaty Lands April 20, 2019 Nation Treaty: 724.0 April 3, 2009

TSLEIL- Stage 4: Active 586 110.7 3/3 March 31, 2017 WAUTUTH Negotiations

QAYQAYT Not in the BC 14 0 0/0 N.A. Treaty Process

HWLITSUM Not in the BC N.A. 0 0/0 N.A. Treaty Process

* Sources: Indigenous and Northern Affairs Canada; BC Treaty Commission

ARC - 111 Metro Vancouver’s Profile of First Nations 25 FIRST NATIONS, TRIBAL COUNCILS, TREATY GROUPS AND ASSOCIATIONS LOCATED OUTSIDE METRO VANCOUVER WITH INTERESTS IN THE REGION

Contact

HUL’QUMI’NUM TREATY GROUP Mr. Al Anderson, Executive Director PO Box 21028 (representing 6 member First Nations) Duncan, BC, V9L 0C2 Tel: 250.245.4660 Fax: 250.245.4668 Web Site: www.hulquminum.bc.ca/news

STO:LO NATION Chief David Jimmie, President Bldg. #8B – 7201 Vedder Road (representing 11 member First Nations) Chilliwack, BC, V2R 4G5 Tel: 604.858.3366 Fax: 604.824.5129 Web Site: www.stolonation.bc.ca

STO:LO TRIBAL COUNCIL Grand Chief Doug Kelly, President 2855 Chowat Road, PO Box 440 (representing 8 member First Nations) Agassiz, BC, V0M 1A0 Tel: 604.796.0627 Fax: 604.796.0643 Web Site: www.stolotribalcouncil.ca

TE’MEXW TREATY ASSOCIATION Chief David Bob, Chairperson 13-D Cooper Road (representing 5 member First Nations) Victoria, BC, V9A 4K2 Tel: 250.360.2202 Fax: 250.360.2206 Web Site: www.temexw.org

TSEYCUM FIRST NATION Chief Tanya Jimmy 1210 Totem Lane Sidney, BC, V8L 5S4 Tel: 250.656.0858 Fax: 250.656.0868 Web Site: www.tseycum.ca

26 Metro Vancouver’s Profile of First Nations ARC - 112 DID YOU KNOW?

• In 2013, 1,400,685 individuals in Canada had an Aboriginal Identity1 , which represented 4.3 percent of the nation’s population.2

• In BC, there were 232,290 individuals identifying themselves as Aboriginal, or 5.4 percent of the province’s population.3

• One in four Aboriginal Peoples in BC lives in the Metro Vancouver Region.4

• Aboriginal Peoples were granted the right to vote in provincial elections in 1947, and in federal elections in 1960.

• National Aboriginal Day is on June 21, the summer solstice and the longest day of the year.

• In many Coast Salish languages, the maple tree is called “paddle tree” as it is the preferred wood for making paddles.

• Status Indians in Canada were not allowed off reserves between 1882 and 1935 unless they showed a pass.

• Aboriginal Peoples used their knowledge of the land to develop safe trails that became the basis for many present highways.

• Aboriginal place names in BC include “Squamish” (mother of winds), “Kamloops” (meeting of water), “Chilliwack” (going back up), “Lillooet” (wild onions), and “Qualicum” *(where you find dog salmon).

• Aboriginal Peoples invented lacrosse and hockey.

1. Aboriginal identity includes persons who reported being an Aboriginal person, including: First Nations (North American Indian), Métis or Inuk (Inuit) and/or those who reported being registered or having Treaty Indian status, under the Indian Act of Canada, and/or those who reported membership in a First Nation or Indian band. Aboriginal peoples of Canada are defined in the Constitution Act, 1982, section 35 (2) as including the Indian, Inuit and Métis peoples of Canada.

2. National Household Survey, Statistics Canada, 2013

3. National Household Survey, Statistics Canada, 2013

4. 2011 Census

ARC - 113 Metro Vancouver’s Profile of First Nations 27 SERVICES AND SOLUTIONS FOR A LIVABLE REGION

4330 Kingsway, Burnaby, BC, V5H 4G8 www.metrovancouver.org

JANUARY 2017

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