First Nations in the Capital Regional District — A PRIMER — DRAFT October 2013 Table of Contents INTRODUCTION 5 BACKGROUND AND CONTEXT 7 First Nations and Treaties 8 What are Douglas Treaties? 9 Today’s Treaty Process 10 Te’mexw Treaty Association 12 Pacheedaht Treaty Table 12 First Nations and Land Management in the CRD 12 REGIONAL FIRST NATIONS 15 Esquimalt Nation 16 Malahat Nation 18 Pacheedaht First Nation 20 Pauquachin 23 Sc’ianew First Nation (Formerly Beecher Bay) 25 Songhees Nation 28 Tsartlip First Nation 31 Tsawout Nation 35 Tseycum First Nation 40 T’Sou-ke Nation 43 INFORMATION SOURCES 47 3 FIRST NATIONS IN THE CAPITAL REGIONAL DISTRICT: A PRIMER 4 Introduction The Capital Regional District (CRD) includes ten First Nations with reserve lands in the region: • Esquimalt Nation • Songhees Nation • Malahat Nation1 • Tsartlip First Nation • Pacheedaht First Nation • Tsawout First Nation • Pauquachin Nation • Tseycum First Nation • Sc’ianew First Nation • T’Sou-ke Nation (Beecher Bay) There are a further eight First Nations whose traditional territories include a portion of the CRD (including the Southern Gulf Islands) who would have had historic political relationships with the 10 principal First Nations this guide features. These eight First Nations would have fished, hunted, gathered and, in some cases, had seasonal settlements in the region. This primer was created to provide a summary overview of the 10 principal First Nations with reserve lands within CRD. It is designed to introduce CRD staff, CRD board members, and member municipalities to these communities and provide supporting information for the CRD’s Regional Sustainability Strategy (RSS). It is the third document in a series of information products produced by the CRD. The other two documents, a CRD Fact Sheet and an RSS Fact Sheet, are designed to introduce First Nations governments to the regional district and its regional growth strategy planning process. In addition to meeting legislative requirements around First Nations engagement for the RSS, the CRD Board recognizes the value of greater collaboration with First Nations in providing an opportunity to identify common areas of interest and opportunities, build relationships and foster cooperation. Although First Nations are not obliged to participate in regional planning matters, nor are they signatories to the RSS, the RSS planning process provides an opportunity to learn about First Nations’ aspirations, better understand their interests on regional matters, and an opportunity to potentially expand and improve regional planning and service delivery between and amongst CRD member municipalities and First Nations in the region. FOR MORE INFORMATION, CONTACT Sue Hallatt Manager, Aboriginal Initiatives Capital Regional District, Executive Services 1 Malahat Nation has its primary settlement in the Cowichan Valley Regional District however they T: 250.360.3156, [email protected] have shared ownership with four W̱SÁNEĆ (Saanich) nations of a reserve in the CRD. 5 FIRST NATIONS IN THE CAPITAL REGIONAL DISTRICT: A PRIMER For each of the 10 First Nations with reserves in the CRD (see Figure 1), this primer provides the following information: • Overview: A brief summary overview of the First Nation, including its location and demographics (on- and off-reserve population), government, and language(s) • Treaty Status: An overview of the First Nation’s status as a Douglas Treaty community and/or where they are in the BC Treaty Process (i.e., which stage) • Service Agreements: An overview of any existing service agreements with the CRD or member municipalities, including service arrangements. • Protocols and Agreements: An overview of any existing protocols, memoranda of understanding, or other policy agreements with the CRD or member municipalities • Planning Context and Current Initiatives: An overview of the First Nation’s current planning initiatives and their status (e.g., land use plan, comprehensive community plan, Land Code) 6 Background and Context With its temperate climate and rich natural resources, the area that present day CRD occupies has been home to First Nations for thousands of years. The archaeological record is still incomplete, but it is clear that people have lived on Vancouver Island for at least 5,000 years and likely much longer2. In BC, first contact between European explorers and First Nations occurred in the 1770’s by Spanish and British navigators. Forts and trading posts established by the North West Company, Hudson’s Bay Company and others soon ► RIGHT: Songhees Village, followed, and First 1864. Courtesy BC Archives collections. Nations were confined to small reserves that were not reflective of the larger territories in which they previously lived and travelled. They were provided with inadequate education and discriminated against in numerous ways. As a glaring example, status Indians only gained the right to vote in 1960. Despite massive population declines due primarily to introduced diseases like smallpox, and formal government policies of control, displacement and assimilation, First Nations communities and cultures have survived. The CRD encompasses the traditional territories and historic villages of nine principal Coast Salish First Nations (Esquimalt, ► RIGHT: “Spirit of Lekwammen” pole (detail). Songhees, Pauquachin, Tseycum, Victoria, British Columbia. Tsawout, Tsartlip, Sc’ianew, T’Sou-ke, and Malahat) and one Nuu-chah-nulth First Nation (Pacheedaht). Between these First Nations six languages are represented (four of which are sometimes considered dialects of a common language). A further 8 First Nations have traditional territory in the CRD who would have had political relationships with the 10 principal First Nations this guide profiles, and who would have traded, fished, hunted, gathered and had small, seasonal settlements in the region. Traditionally, the people of each First Nations village lived a distinct way of life in terms of their governance and ceremony. 2 Namu, on BC’s north central coast is considered one of BC’s earliest radiocarbon dated site on BC’s coast. Archeological investigations at Namu have provided a cultural chronology that extend back almost 10,000 years (source: Simon Fraser University, Department of Archeology) 7 FIRST NATIONS IN THE CAPITAL REGIONAL DISTRICT: A PRIMER Today, many First Nations are reconnecting with their culture and traditional practices, asserting control over the management of their lands, and developing new and expanded governance and land use planning capacities. Many are also pursuing self-governance. “First Nations”, “Nations”, “Bands” – What do they mean? What’s the difference? “Band” or “Indian Band” is a term that was created through the Indian Act. When the Act was created in 1876, First Nations communities throughout BC were grouped and designated to specific reserves. Often this meant that communities traditionally connected were split apart and others were grouped together – for the purposes of federal government administration. Locally, the W̱SÁNEĆ People (Saanich) were divided into the Pauquachin, Tsawout First Nation, Tsartlip First Nation and Tseycum First Nation. Similarly, the Lekwungen speaking people were divided into the Esquimalt Nation and Songhees Nation, Many First Nations no longer refer to themselves as “Band” or “Indian Band.” The term “Band” is rejected by some because of its association with the Indian Act. Instead, some now refer to themselves (formally or informally) as Nation, First Nation, Tribe or Government. Others have chosen to take a name that has no English qualifiers at all, like Pauquachin. First Nations and This section explores the BC’s unique history of treaty making with Treaties Past and First Nations. It explores the two types of treaties that exist or are in Present development in the CRD – Douglas Treaties and the modern BC treaty process. Aside from a small number of treaties – called the Douglas Treaties (or Vancouver Island Treaties) and Treaty 8 - signed in the mid-1800s, no treaties were completed in BC until the end of the 20th century. Most other regions in Canada had signed formal treaties by the early 1900s, or even as early as the mid-1700s in parts of eastern Canada. The BC Treaty Commission and accompanying modern treaty process were established in 1992 with the belief that settling outstanding land and title issues would be good for First Nations and good for the Province. The Tsawwassen Treaty (effective in 2009) was the first Treaty completed in this new process and the Maa-nulth Treaty (effective in 2011) was the second (the Maa-nulth Treaty includes five First Nations located in the Alberni-Clayoquot and Strathcona Regional Districts). The Nisga’a Treaty (located on the northwest coast of BC) was the first modern day treaty brought into effect in 2000, but it was completed outside of the current BC Treaty Commission process. Bands that have completed the treaty process and have an effective treaty are referred to as ‘Treaty First Nations’. 8 As modern treaties What is a modern day treaty? are finalized and implemented across Negotiated between First Nations in the the province, local BC Treaty Process and the federal and governments and Treaty provincial governments, a treaty is a legal First Nations will be and constitutional agreement outlining better able to understand the respective rights, responsibilities and how their neighbouring authorities those parties have over areas governments function, such as land ownership, governance, wildlife and