MLA PIMM’S FIRST NATIONS STAKEOLDER ADVISORY COMMITEE Submitted by MLA Pat Pimm, Peace River North Abstract The purpose of this report is to identify parcels of land that have been set aside by Government that could possibly be involved in future Government discussions with First Nations. In clarification, this report has been compiled and edited by MLA Pat Pimm as a source of education for public policy users. Table of Contents Executive Summary .................................................................................................................. 2 Introduction ............................................................................................................................... 5 Provincial Map showing MARR NOIs....................................................................................... 6 Terms of Reference................................................................................................................... 7 Background ............................................................................................................................. 7 Purpose ............................................................................................................................... 7 Meeting Logistics ................................................................................................................. 7 Membership ......................................................................................................................... 8 Summary of Responsibilities ................................................................................................ 9 Letters of Invitation ................................................................................................................. 10 MLA Stakeholder Questions .................................................................................................. 14 Letters from Peace River Stakeholders ................................................................................. 15 General Recommendations from Committee ........................................................................ 22 Minister’s Response to Recommendations .......................................................................... 25 Peace River Regional District Presentation .......................................................................... 29 Treaty 8 First Nations Population Statistics.......................................................................... 38 Letter from the Honorable John Rustad Re: Agreeing to Meet Committee ........................ 39 Letter to Honorable Christy Clark Re: Committee Requests ............................................... 40 Letter from Honorable John Rustad Re: Confirming Consultation Process ...................... 42 Response from MLA Pimm to Honorable John Rustad ....................................................... 44 Section 17 Conditional Withdrawal Application ................................................................... 47 Response from MLA Pimm Re: Section 17 Withdrawal Application ................................... 49 Response from Charlie Lake Representative ........................................................................ 51 Email from Honorable John Rustad Re: Withdrawing Section 16 Application ................... 53 Provincial Crown Lands currently Under NOI ....................................................................... 55 No Lands Identified for Land Transfer ................................................................................... 92 Conclusion .............................................................................................................................. 94 1 EXECUTIVE SUMMARY In February 2016, I was contacted by members of the Fort St John Rod & Gun Club asking if I was aware of the details regarding the full status of the Government to Government discussions that were ongoing between the Province and Treaty 8 First Nations. At that time, I was aware of ongoing discussions but I was not aware of the details. The Fort St John Rod & Gun Club filled me in on what they knew and I left feeling quite uninformed, by what was my BC Liberal Government at the time. I arranged a meeting with the Premier and her staff regarding my constituent’s concerns. Following the meeting, the Premier gave me the green light to create my MLA First Nations Stakeholder Advisory Committee with the support and supervision of Ministry of Aboriginal Relations and Reconciliations (MARR). On March 12, 2016 I attended a public meeting put on by the Fort St John Rod & Gun Club, in which approximately 300 local BC Wildlife Federation members, South Peace MLA Mike Bernier and Kootenay West MLA Katrine Conway were also in attendance. At this meeting the Fort St. John Rod & Gun Club presented their concerns about the lack of transparency regarding land transfer in the Peace Country. They stressed that there was a need for public and stakeholder input. Moose management troubles were also discussed. At the end of this meeting I notified the audience that the Province was going to put together a committee to create a provincial strategy on moose management and secondly that I had been given the approval to form a MLA First Nations Stakeholder Advisory Committee. In May of 2016, I established the first ever non-partisan MLA First Nations Stakeholder Advisory Committee, consisting of North and South Peace River constituents that are the best representatives of the general public. I also included representatives from the largest locally affected property owners in the North Peace, namely the Charlie Lake and Mile 63.5 resident associations. Our committee consists of locals that have an extensive history in the Peace Country with hundreds of years of experience in the area. We also have on our committee, former Provincial managers from Environment and Forests Ministries with over fifty years of combined experience. These groups are listed in the “Terms of Reference” and was established and approved by MARR. The Treaty 8 First Nations and Federal Government representatives were invited to participate as members of the committee and discussions, however those requests were not answered. Our non-partisan committee had many questions throughout the process such as why were certain lands even part of any Government to Government discussions, as they already had Section 16 or 17 designations attached to the properties, and in some instances for nearly 50 years as Watershed Reserve. This report is a complete team effort and I am extremely proud of the hard work and effort put in by all members. Until this committee was established, the government had been working in isolation and with zero transparency. Our committee has definitely re-shaped how government will be negotiating in the future, and for that I am very satisfied. Our committee feels very strongly that our model should be held up and used by other MLA’s around the province so that all BC residents can have an active voice on land discussions that affect us all. The lack of public consultation has been extremely poor by Government and many of the Peace Country Regional Directors and their constituents have expressed their disappointment. The committee felt very strongly from the very first day that the lack of transparency in Government to Government discussions was extremely disturbing. This committee is 2 determined to demand consistent transparency of all government negotiations. This committee is not opposed to the discussions that are ongoing, but we are opposed at how the discussions are being conducted. This committee is demanding the following: 1. TRANSPARENCY; 2. PROPER PUBLIC CONSULTATION; 3. PROPER STAKEHOLDER CONSULTATION; 4. PROPER COMMUNICATION TO PUBLIC and 5. ABSOLUTE ACCESS TO BACK COUNTRY FOR ALL General definitions important to discussion Notice of Interest (NOI) means that once a Ministry such as Ministry of Aboriginal Relations and Reconciliation (MARR) asks The Ministry of Forest Lands and Natural Resource Operations (FLNRO), for a NOI designation for a particular parcel of land, it would be extremely unusual for that NOI to be removed for a different use. Section 16 Application is when a Ministry applies to the Government to have lands moved from NOI status to an enhanced status that allows the land to be used for multiple temporary discussions such as: land transfer, Treaty Land Entitlement (TLE) discussions, special management area, park, etc. Section 17 Application is when a Ministry applies to have a NOI or Section 16 Application moved to a designated purpose, at which time it is used for that particular designation only. The first task that our committee addressed was to identify properties that were presently under serious discussion (NOI) between the Government and First Nations. What our committee found was a bit astonishing, in that so many discussions were taking place, with zero input from the general public, or in other words complete secrecy. Our committee found that there were 32 properties in the Peace Country that were under the NOI designation, with a total approximate land mass of 128,437 hectares, (317,374 acres) of land under discussion. The committee also found out that Site C land discussions and TLE discussions could be over and above that previously stated amount. Finally the committee found that lands in the Peace Moberly Track (PMT) identified on MARR’s website did not include the lands within the District of Hudson’s Hope. However, when the Section 17 Application