Annual Report 2020 FROM THE CHIEF COMMISSIONER 5 Pivoting Progress 6 Rights Recognition 7 International Mechanisms and Treaty Negotiations 8 Rights Recognition in BC Handbook 9 TRC Calls to Action Anniversary 9 Understanding Our Treaties Website 10 Effectiveness Review NISGA’A TREATY 12 Nisga’a Treaty 20th Anniversary – - 12 Nisga’a Vision - 14 Implementation and Legacy 16 Remembering Sim’oogit Hleek-, Dr. Joseph Arthur Gosnell NEGOTIATIONS UPDATE 18 Overview and Maps 22 About the Status Reports 23 Implementing Modern Treaties 28 Finalizing Negotiations 36 Actively Negotiating 43 Not Currently Negotiating a Treaty ABOUT THE BCTC 48 Mandate 49 Principals, Parties and the Public 50 Facilitating Treaty Negotiations 51 Allocating Negotiations Support 52 Public Engagement COMMISSIONERS 56 BCTC Commissioners Hello respected people naw ’si:y̓ém̓ məsteyəxʷ ʔəy̓ k̓ʷə nə sxʷqʷeləwən k̓ʷəns ʔi k̓ʷəcnalə I have a good feeling in my heart at seeing you Celeste Haldane CHIEF COMMISSIONER On behalf of the BC Treaty Commission (Treaty continues to develop federal UN Declaration Commission or BCTC), it is my pleasure to legislation and is currently consulting with present the 2020 Annual Report. First Nations and stakeholders. The Treaty Commission continues to encourage a timely Since the release of our last annual report, two tabling of the legislation in Parliament. significant achievements in Indigenous rights recognition were finalized and negotiations Another significant accomplishment was the were advancing under new policy initiatives, final step to eliminate the longstanding burden right before being faced with unprecedented of First Nations negotiation support loans. As challenges of a global pandemic outbreak. It is in of March 2020, the Government of Canada this context and ongoing crisis, that we report on fulfilled its 2019 budget commitment to forgive all activities and progress in treaty negotiations in outstanding comprehensive claims negotiation British Columbia. loan debt across Canada. This was a significant achievement and demonstrates progress towards On November 28, 2019 history was made reconciliation and the Treaty Commission when Bill 41, the Declaration on the Rights commends the federal government for this of Indigenous Peoples Act (Declaration Act), change, and also notes that since April 2018 received Royal Assent in the BC Legislature. First Nations negotiations support funding is 100 British Columbia became the first province percent contribution-only. or territory in Canada, and one of the first governments in the world, to enact legislation The Treaty Commission congratulates BC’s that implements the United Nations Declaration Premier, the Honourable John Horgan, and the on the Rights of Indigenous Peoples (UN BC NDP on the outcome of the province’s recent Declaration). The Government of Canada election. We extend special congratulations to 4 | BC Treaty Commission Annual Report 2020 JOSH BERSON PHOTO Melanie Mark (Nisga’a, Gitxsan, Cree, Ojibway), - While this year has brought with Ellis Ross (Haisla) and Adam Olsen (Tsartlip), and acknowledge all provincial Indigenous it overwhelming challenges due candidates for their involvement in this election. We also acknowledge the former Minister of to an unprecedented health Indigenous Relations and Reconciliation, the Honourable Scott Fraser for the positive and crisis, the work of negotiations constructive relationship he fostered with the and reconciliation continued. Treaty Commission, and his many contributions to treaty negotiations and reconciliation. continued facilitation and support for the treaty negotiations process, through investing in PIVOTING PROGRESS technology and supporting our incredible staff. The Treaty Commission has also been holding While this year has brought with it overwhelming ongoing internal strategy sessions on the challenges due to an unprecedented health challenges and opportunities in negotiations, and crisis, the work of negotiations and reconciliation undertaking governance training to ensure the continued. All the parties and the Principals are Commission can meet the challenges of these to be commended for responding, adjusting, and complex negotiations. making the necessary changes to maintain focus and progress to finalize treaties, agreements, The COVID-19 pandemic has affected us all. The and other constructive arrangements. The greatest burden, however, is borne by those with Treaty Commission has also pivoted to ensure insufficient infrastructure and health and safety BC Treaty Commission Annual Report 2020 | 5 resources. In Canada, this is all too often the case Implementation of the UN Declaration and the in Indigenous communities. The ability and means right to FPIC is one of the most challenging to protect one’s community require not only commitments for negotiations. What is Indigenous resources, but governance jurisdiction. consent? Who provides that consent? How to implement consent? These are questions that are One of the foundational elements of modern continuously asked — and often avoided — which treaties includes the recognition and transfer create uncertainty and conflict. Modern treaties of jurisdiction on matters essential to the well- are an integral mechanism to answer these being and survival of Indigenous peoples. The questions and a way for governments to live pandemic has highlighted the critical need to up to their commitments to implement the UN support Indigenous peoples to achieve self- Declaration. government through modern treaties, ensuring they have constitutionally entrenched authority One way to look at FPIC is as an aspect of to protect their communities and people, and in sovereignty. Indigenous sovereignty is a doing so, protecting surrounding communities. foundational principle of Indigenous rights, fundamental to reconciliation. Modern treaties are in fact a sharing of power — a sharing of RIGHTS RECOGNITION sovereignty, between First Nations and the Crown (the governments of Canada and BC). In 2017, the Treaty Commission obtained an independent The Treaty Commission’s 2019 Annual Report legal opinion from the late constitutional legal focused on policy initiatives which advanced expert, Peter Hogg, C.C., Q.C., and Roy Millen, on and improved the negotiations process, which the status of modern treaties negotiated in the BC were developed in collaboration with the three treaty negotiations process, and the effect on the Principals (Canada, BC and the First Nations sharing of jurisdictions between the First Nations Summit), and individual First Nations at their and governments. Their conclusion is that a treaty respective negotiation tables. represents a constitutionally-protected sharing of sovereignty among the signatories to the treaty. In September 2019, the Principals endorsed a new The vacating of power by the Governments Recognition and Reconciliation of Rights Policy of Canada and British Columbia — through the for Treaty Negotiations in British Columbia (Rights permanent constitutional mechanism of modern Recognition Policy). This new treaty negotiations treaties — is unique in the world. It is also policy explicitly details how negotiations will supported by the Canadian Constitution, and be grounded in the recognition of Indigenous benefits all the parties and all Canadians. rights and ownership of Indigenous lands and resources. This ground-breaking policy is the first While modern treaties have provided a tripartite public policy recognizing and protecting mechanism for sharing sovereignty with Indigenous rights in British Columbia, and is a Indigenous peoples, the next stage of our framework to implement the UN Declaration, collective work, the implementation of FPIC and including the right to “free, prior and informed the UN Declaration, will require governments to consent” (FPIC). Putting these commitments continue to vacate power, and trust Indigenous into action is critical work for all the negotiating Nations to govern and make decisions. parties, and the Treaty Commission has a crucial role in supporting the implementation of rights recognition. 6 | BC Treaty Commission Annual Report 2020 MELODY CHARLIE PHOTO All relevant government departments must lead agreements for the joint exercise of a statutory the way in assessing whether their old authorities power, and agreements requiring the consent and ministerial discretion are still needed in of an Indigenous nation before the exercise of a a time of reconciliation and partnership, and statutory power of decision. This demonstrates vacate jurisdictions to make greater space for that the sharing of sovereignty with Indigenous Indigenous self-government. Failure to do so nations is expanding, and modern treaties are will impede Indigenous self-determination, and an established negotiation mechanism to enable impede the negotiations of treaties, agreements these complex discussions. and other constructive arrangements, and will impede reconciliation. An expanded sharing of sovereignty is possible, and is consistent with government authorities needed for good INTERNATIONAL MECHANISMS public governance. By vacating powers and AND TREATY NEGOTIATIONS authorities through negotiations, the parties can achieve the goals and commitments of the new Rights Recognition Policy, the commitments In 2018, the Treaty Commission’s mandate was to implement the UN Declaration, and each enhanced to include supporting negotiating government’s respective commitments to Parties in implementing the UN Declaration, the reconciliation. Truth