CITY OF NANAIMO 7.1 SFN Treaty CITY POSITION Process

Issue City of Nanaimo Involvement in the Snuneymuxw First Nation Treaty Process

Position The City of Nanaimo is the only government that can properly and legitimately represent the local interests of the citizens of Nanaimo in the SFN Treaty Process. The City expects to be included as a full and independent party in all treaty negotiations and related discussions that consider:

• future jurisdiction over fee-simple lands that are included in SFN treaty settlement package • the provision of municipal services to all treaty settlement lands • commitments which would require changes to the City's Official Community Plan, Zoning Bylaw and other land-use policies/regulations that have been developed by the community pursuant to provincial statutes • any proposed changes to the operation and/or protected status of Newcastle Island • the future of the Linley Valley provincial Crown lands (District Lot 56)

Due to the extraordinary level of resources required, the City believes that its involvement in the SFN Treaty Process, as an independent party, should be financed by the Province of British Columbia.

Discussion The recent Community Charter Council Act (Bill 12) introduced by the Honourable Ted Nebbeling affirms the following views of the provincial government:

• municipalities are recognized as an independent order of government • municipal governments have authority to determine the public interest of their communities • the Province of British Columbia must respect the needs of municipalities when taking actions that directly and specifically affect municipalities

The City of Nanaimo, as an autonomous government, is the principal vehicle through which the municipality's citizens collectively determine public policy in areas such as land use, service provision, quality of life and economic development. The City of Nanaimo Council is directly elected by the citizens to serve as the municipality's governing body. As the governing body, Council has a legal and moral responsibility to represent and safeguard the interests of the community.

It is Council's view that the provincial government, in its desire to achieve quick success in the SFN Treaty Process, has completely disregarded the legitimate local interests of the citizens of Nanaimo. Indeed, in Council's view, the actions of the Province represent a serious affront to the community and its government. Any treaty settlement that is negotiated by the Province will have significant implications for land-use, economic and other policy decisions formulated by the citizens of Nanaimo. The Province has appeared, to date, to be unaware of – if not uninterested in – such implications.

The reality for the City is that the Province appears to be incapable of respecting or representing Nanaimo's interests. The recent announcement on the Nanaimo Estuary Management Partnership illustrates the Province's lack of sensitivity to local concerns. According to a Ministry of Sustainable Resource Management press release, dated 2001-SEP-05, the Province and the Snuneymuxw First Nation have entered into a joint planning process for the Nanaimo River estuary. The City of Nanaimo, to the astonishment of City officials, was not included in the discussions leading up to the Partnership, and will not be included as an equal member of the planning team. The facts that:

Fall, 2001 Page 1 of 2 • much of the Nanaimo River estuary is located within the City of Nanaimo's boundaries, • City taxpayers view the estuary as an important natural resource for the benefit of the entire community, and • the community has a significant interest in the estuary's future management

appear to have been completely overlooked by the Province in its drive to promote provincial – SFN relations.

The City of Nanaimo, as recognized by the Province's own statements on the Community Charter, is an independent government with the authority to determine the interests of its community. Only the City of Nanaimo can properly represent and safeguard the local interests of Nanaimo's citizens in the SFN Treaty Process. The City of Nanaimo should be included in the Treaty Process as a full and independent party.

Other There are three additional comments: Comments • First, the SFN Treaty Process is being touted as Canada's first urban treaty undertaking  a template of sorts for future treaty negotiations in urban areas. Surely it stands to reason that the full and direct participation of the local city government in an urban treaty process is essential. How can the Province expect any urban-area settlement arrived at without the participation of the city government to be supported by the local citizenry?

• Second, the City of Nanaimo believes that the Province of British Columbia should finance the City's direct participation in the treaty negotiations. The citizens of Nanaimo are already helping to support the involvement of the Provincial and Federal governments in the process. Nanaimo's citizens should not be expected to contribute additional funds to facilitate the involvement of the City.

It should also be noted that the SFN Treaty Process, once amended to include the City, has the potential to become a meaningful guide for future urban area processes across BC. City of Nanaimo taxpayers should not be expected to finance an undertaking that will benefit taxpayers throughout the province.

• Third, the City of Nanaimo's position expressed in this document should not be interpreted as a statement against the Snuneymuxw First Nation. The City supports the right of the Snuneymuxw Nation to negotiate a treaty and to promote its legitimate interests. The City's frustration is with the provincial government's refusal to recognize the City of Nanaimo's right to promote the equally-legitimate local interests of its citizens in the Treaty Process.

City of Nanaimo taxpayers are asking for nothing more, and nothing less, than equal status with the SFN in the Treaty Process, on issues that the City considers to be within the purview of local government.

Related City Position 7.2: Jurisdiction Over Fee-Simple Lands City Position 7.3: Providing Services to Lands Outside of the City of Nanaimo City Position 7.4: Newcastle Island Marine Park

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