Annual Report 2018 Cover: Ryan Dickie Photo Melody Charlie Photo
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ANNUAL REPORT 2018 COVER: RYAN DICKIE PHOTO MELODY CHARLIE PHOTO WELCOME 4 Letter from the Chief Commissioner POLICY CHANGES 8 New Approaches to Reconciliation and Recognition of Rights 9 Federal Initiatives 11 Treaty Transformation 11 Rights Recognition in Treaty Negotiations 12 Innovations in Negotiations 12 Stage 5 Multi-Year Strategies 12 Funding Changes 2018 IN REVIEW 14 Reconciliation on the Ground 14 NStQ Agreement in Principle 16 Alliance of BC Modern Treaty Nations 18 Lheidli T’enneh Treaty Vote 19 BCTC Regional Engagement Event LEGAL OPINION 22 Free, Prior and Informed Consent NEGOTIATIONS 28 Overview 30 Map 31 Status Reports ABOUT THE BCTC 54 Facilitating Reconciliation 59 Commissioners COVER: RYAN DICKIE PHOTO | WELCOME naw’ si:y̓ém̓ məsteyəxʷ Celeste Haldane CHIEF COMMISSIONER NEGOTIATIONS ARE LEADING THE WAY in While these policy initiatives will result in positive Indigenous rights recognition. changes, treaty negotiations remain the best way to achieve fundamental reform leading to Complex issues are being debated regarding a new relationship with Indigenous Peoples. Indigenous rights and reconciliation in Canada A constitutionally entrenched treaty, negotiated today. As Chief Commissioner, I am proud to by the First Nation, for the First Nation, is the present our 2018 annual report that demonstrates essence of self-determination. how treaty negotiations are providing many of the answers to these important questions. This summer, the Northern Secwepem te Qelmucw (NStQ) Agreement in Principle was At this crucial time, several initiatives are signed. Multi-community First Nations, such underway by Canada, British Columbia, and First Nations. National and provincial engagements as NStQ and several others in advanced are exploring new ways to improve relationships negotiations, are doing the work of nation- with Indigenous Peoples. Indigenous rights building through treaty negotiations. These are recognition, nation-building, and implementing some of the best opportunities for Indigenous the fundamental rights of the UN Declaration nation-building in the country. on the Rights of Indigenous Peoples (UN Declaration) are some of the goals of these Treaty negotiations are the best means to policy initiatives. These are also the most implement the UN Declaration, and in particular challenging to achieve. the right to free, prior and informed consent (FPIC). In this report, lawyers specializing in Indigenous and constitutional law have provided Treaty negotiations remain an independent legal opinion on how to operationalize FPIC. The opinion confirms that the best way to achieve the BC treaty negotiations process facilitates fundamental reform leading voluntary, independent, and transparent nation-to-nation negotiations culminating in to a new relationship with constitutionally-protected agreements for shared Indigenous Peoples. sovereignty and reconciliation. We can proudly say our process is a rights recognition process that is entirely consistent with FPIC. 4 | BC Treaty Commission Annual Report 2018 We can proudly say our process is a rights recognition process that is entirely consistent with FPIC. MELODY CHARLIE PHOTO The success of the negotiations process is and shedding the shackles of the Indian Act possible with the hard work of individuals such makes it possible to flourish by investing in as Tom Happynook, who, after four years as the our own territory,” said Commissioner Tom provincially appointed Commissioner, will retire Happynook. “The treaty is pulling us out of from the Treaty Commission in 2019. Tom is the first over 150 years of poverty.” Commissioner who is a citizen of a modern treaty First Nation. Huu-ay-aht First Nations exemplifies Commissioner Tanya Corbet brings her the benefits a treaty can bring to small, regional extensive experience as an Executive economies — a message he continually reinforces. Councillor of Tsawwassen First Nation (TFN). Since 2009, TFN has been implementing “The Huu-ay-aht treaty has woven us into the fabric a modern treaty, unlocking the economic of Canada. Being constitutionally self-governing potential of their lands and transforming the BC Treaty Commission Annual Report 2018 | 5 Treaty negotiations continue to lead the way toward reconciliation. As First Nations, federal, and provincial governments continue to evolve policy, it is essential that this results in improvements to treaty negotiations and to all treaties. surrounding region. TFN’s government, capacity, The Treaty Commission continues to benefit and partnerships have attracted over $1 billion of from the experience and knowledge of Francis investments. Amazon’s recent decision to open a Frank, who has been a Commissioner since major shipping facility on TFN lands exemplifies 2015 and brings expertise as a negotiator and how modern treaties provide First Nations with leader of Tla-o-qui-aht First Nation. significant opportunities for economic prosperity. “The treaty process is a tool for nation-building, “As treaty negotiations continue to make capacity-building, and self-government,” said progress, I can’t help but reflect on my Nation’s Commissioner Francis Frank. “These are treaty — which has brought the region significant essential for good governance and strong First prosperity, transforming and rebuilding our Nations, and I am honoured to continue to Nation in a short time,” said Commissioner Tanya contribute to this meaningful work.” Corbet. “Our treaty, the first one in the made-in- BC treaty process, has generated an economic Treaty negotiations are leading the way return that will, if not already is, greater than the to reconciliation. As First Nations, federal, cost of the entire process to date. We should all and provincial governments work on new be proud of this.” policies, it is essential these changes result in improvements to treaty negotiations and to all This past spring, Commissioner Jerry Lampert treaties. retired from the Treaty Commission after , e dedicating over ten years of valuable service to Hay čxw q treaty negotiations. In May, we welcomed a new federal appointee, Mary-Ann Enevoldsen, the Celeste Haldane former Chief of Homalco First Nation. CHIEF COMMISSIONER “During my time as a leader for my First Nation, I worked directly with BCTC to resolve overlap issues with two neighbouring First Nations. I witnessed the value of BCTC support, and together we reached a mutual resolution,” said Commissioner Mary-Ann Enevoldsen. “In my role as Commissioner, I look forward to bringing this experience to other tables to help overcome similar challenges.” 6 | BC Treaty Commission Annual Report 2018 POLICY CHANGES MELODY CHARLIE PHOTO BC Treaty Commission Annual Report 2018 | 7 POLICY CHANGES » NEW APPROACHES TO RECONCILIATION AND RECOGNITION OF RIGHTS FIRST NATIONS HAVE BEEN CHAMPIONING negotiations, and not hinder them. As the Truth nation-to-nation recognition since Canada’s and Reconciliation Commission’s (TRC) final report inception. The governments of Canada and noted: British Columbia are now promising fundamental changes to their relationship with Indigenous It is important for all Canadians to Peoples through initiatives that will result in understand that without Treaties, Canada improved legal and policy frameworks. This would have no legitimacy as a nation. political alignment on Indigenous relations has Treaties between indigenous nations seldom been seen since the launch of the BC and the Crown established the legal and treaty negotiations process in the early 1990s. constitutional foundation of this country. […] Some of these initiatives will be covered in Treaties are a model for how Canadians, as this annual report to highlight how new policy diverse peoples, can live respectfully and frameworks can impact treaty-making, and how peacefully together on these lands we now negotiations are already leading some of these share. changes. Given the fundamental importance of treaties It remains to be see to what extent these to our country, how the BC treaty negotiations initiatives will advance government relationships process intersects with these initiatives will need with Indigenous Peoples. It is essential that to be clarified. As Indigenous Nations choose the initiatives result in improvements to treaty their best path forward, they will ask important questions such as, how do modern treaties compare to other reconciliation options? How The governments of Canada do treaties advance rights recognition and the and British Columbia are now implementation of the UN Declaration? The Treaty Commission will be working together with promising fundamental changes to the Principals to align policy changes with treaty their relationship with Indigenous mandates. This will be critical to the success of the negotiations process. Peoples through initiatives that will result in improved legal Prior to the announcement of these new initiatives, 2016’s final report from the Multilateral and policy frameworks. Engagement Process to Improve and Expedite Treaty Negotiations in British Columbia 8 | BC Treaty Commission Annual Report 2018 AMANDA LALIBERTE PHOTO (Multilateral Engagement Report) was already FEDERAL INITIATIVES creating important changes in the BC treaty negotiations process. Endorsed by the Principals, the Multilateral Engagement Report outlines Canada’s first significant statement on its new specific proposals and action items to expedite Indigenous relations mandate came in July 2017 negotiations. The proposals that have been with the release of the Principles Respecting