HUL’QUMI’NUM TREATY GROUP TREATY TALK SPECIAL POINTS OF VOLUME 14 ISSUE 3 FALL 2007 INTEREST: Annual General Assembly Meeting Halalt First Nation Water Report Chief Negotiators Report on Indige- nous Declaration Current State of Negotiations INSIDE THIS ISSUE: Current State 3 of Negotiations HTG Chief Negotiator Robert Morales speaking at October 15 Rally in Victoria Mustimuhw 4 Hul’qumi’num Treaty Group Chief Negotiator Report Justice I want to extend the very best to recognizing the rights of In- As we stated in our press release you and your family. I am happy digenous Peoples release “We are disappointed Shared 5 to report to you that on Septem- The vote marks a historic day that Canada was one of four na- Decision Mak- ber 13, 2007 the United Nations for the world’s Indigenous Peo- tions who voted against the decla- ing General Assembly adopted the ples. This is the first time that ration,” said Robert Morales, a Indigenous Peoples have been spokesperson for the Unity Proto- Gulf Islands 6 Declaration on the Rights of In- National Park digenous Peoples. recognized as “Peoples” with- col group. out qualification in an interna- The HTG joins other indigenous tional legal document. “The declaration represents a Ancient River 7 peoples throughout the world to positive and significant step to- Villages celebrate the adoption but are The Declaration recognizes wards the reconciliation between expressing our frustration in Indigenous Peoples’ inherent the colonizing nations and the Canada’s vote. rights to self-determination, indigenous peoples.” History of 8 141 states (“countries”) voted in traditional lands, territories and Treaty Process support, 4 voted against and 11 natural resources, cultures and The Unity Protocol nations are abstained. sacred sites, means of subsis- gratified that many of the articles Halalt First 10 tence, languages, identities as in the declaration support the Nation The United States, Canada, Aus- well as their traditional life issues that we are raising with tralia and New Zealand voted ways and concepts of develop- Canada and British Columbia in against the adoption, stating that ment based on free, prior and the BC treaty negotiation process. in their view “goes too far” in informed consent, among oth- ers. (Continued on page 2.) PAGE 2 Chief Negotiator’s Report (Continued from page 1.) indigenous groups before enacting new laws or administrative measures. “Several articles in the declaration are well-aligned with the mandate of Article 26 of the UN declaration states: the Unity Protocol. For example, "Indigenous peoples have the right to the Articles 3 and 4 speak to governance, lands, territories and resources which and support the concept that First they have traditionally owned, occupied Nations have a right to self- or otherwise used or acquired.” determination or self-government in matters relating to their internal McNee said the provision is "overly affairs,” added Morales. broad, unclear and capable of a wide Canada and variety of interpretations" that could BC are out of “The Declaration states that it pro- lead to the reopening of previously set- step with the vides full protection for the territo- tled land claims and existing treaties. other nations of rial integrity and political unity of the world by sovereign and independent States,” Indian Affairs Minister Chuck Strahl continuing to said Chief Robert Louie, Chair of said Canada opposed the declaration rely upon out- the First Nations Unity Protocol because it lacks clear guidance for imple- dated coloniz- group. “The Unity Protocol group mentation and conflicts with the existing ing attitudes to and the 300 million members of Canadian Charter of Rights and Free- support their other Indigenous Nations around the doms, which the government believes policies and world are seeking to undo colonial- already protects the rights of aboriginals. mandates they ism and exploitation, not by break- "I am sorry we can't sign on. "It's not are bringing to ing apart existing countries, but balanced, in our view, and inconsistent the BC treaty rather by working to build fair, with the Charter." negotiation equal and respectful partnerships.” These views expressed by Canada are indicative of the positions that are taken Despite Canada’s vote and the black at our treaty table. We have indicated mark on the country's international that this is unacceptable and that the reputation, the Unity Protocol group treaty must form the basis of a fair and continues to call on the governments respectful relationship. of Canada and British Columbia to engage in fair, honorable and good We will continue to work for change in faith negotiations through the estab- the government positions. We continue to lishment of a joint negotiating table. be committed to the Unity Protocol and we have filed a complaint with the The group is hoping for an end to United Nations Inter American Commis- poverty and for recognition of Abo- sion on Human Rights. riginal title. Canada and BC are out of step with the other nations of the This is in relation to the E&N Railway world by continuing to rely upon Grant and the position that government outdated colonizing attitudes to sup- has taken that private lands are not on port their policies and mandates they the table for negotiation, except on a will- are bringing to the BC treaty nego- ing seller willing buyer basis. I will re- tiation process. port on this more fully in our next news- letter. Canada's UN ambassador, John McNee, said Canada had Huy ch qu "significant concerns" over the dec- laration's wording on provisions ad- Robert Morales dressing lands and resources, as well Chief Negotiator as another article calling on states to Hul’qumi’num Treaty Group obtain prior informed consent with HTG Chief Negotiator Robert Morales Senior Negotiations Support PAGE 3 decisions of First Nations leaders in the ries in favour of fee-simple title to the sur- past 100 years. veyed parcels, transforming also their exist- ing reserve land to this fee-simple status. In many ways, this is a three way choice: settle Tsawwassen-type treaties Perhaps most significantly, they must le- Dr. Brian now, press governments to change the gally sign off on all of the historical rights, Thom mandates of their negotiators and offer claims and properties that may have not different kinds of deals, or withdraw been described between the covers of these Now is a critical moment: The from the treaty table and seek the best treaty agreements, giving ‘certainty’ to gov- State of BC Treaty negotiations alternative to a negotiated agreement. ernments that the courts will not look at other elements of First Nations cultures and in the history of land claims The Tsawwassen and Maa-nulth Final declare them as constitutionally protected Agreements offer a path to resolution rights. This is an important moment in time in of these issues. They provide the First the relationship between First Nations Nation a certain amount of cash, land These issues have been the backbone of the people and mainstream Canadian soci- and fish. concerns expressed by the members of the ety. Unity Protocol – a group of over 60 First They set out a system of governance Nations, also supported in principle by the After 13 years of negotiations in the BC outside the Indian Act, including much Union of BC Indian Chiefs-as being key Treaty Process, we are on the cusp of stronger provisions for the manage- barriers that need to be resolved. having two Final Agreements made into ment of and benefit from “treaty settle- law. ment lands” (Indian Reserves and new Though this process has considerable sup- Crown Lands acquired in treaty), and port from First Nations, Canada and British We have the provincial Liberal govern- on matters that are of a local nature. Columbia have to date made no serious ment having declared an era of New commitments to engaging high-level man- Relationships with First Nations people, They detail the long-term legal obliga- date dialogues at a unity table. and have been putting political and fis- tions and relationships between First cal resources behind this declaration. Nations and other levels of government Public outcry and support from the BC and will certainly fulfil their expecta- Treaty Commission may be critical ele- The powerful voice of the Supreme tions as being ‘final’ constitutional ments in spurring these Unity Protocol Court of Canada has time and again in agreements regarding rights and title. hopes into action. recent years held the Crown to a high standard of duty and honour, requiring However, the land base these agree- These debates around treaty negotiations government to develop significant and ments provide is much smaller than the often generate the criticism that talks are meaningful relationships with First Na- traditional territories of these First Na- moving too slow, making too little progress. tions, extending power and resources to tions communities. these frequently impoverished commu- Indeed, the HTG workplan is tooled around nities. The cash component, based largely on achieving medium and long-term desired a nation-wide formula of a one-time results of mandate change and a final agree- The federal government, seemingly inert payment of $35,000-$45,000 per per- ment, with attention to shorter-term results in the aboriginal policy forum since son, certainly does not fulfil any calcu- largely being done through the work of the shelving the 1996 Royal Commission lus of compensation for the loss of referrals and fisheries staff at HTG, and in report, has recently implemented signifi- these territories and resources. the implementing of the Parks and Archae- cant legislation to allow Indian Bands ology Branch agreements. greater economic development opportu- In exchange for these benefits, First nities on their reserves, more flexible Nations must give up their Indian Act One option some First Nations are consider- means of managing band assets, and in a tax exemptions (something that First ing is to put aside big-picture questions of sweeping move, have this week begun Nations with treaties in other areas of certainty and constitutional agreements in paying compensation to generation’s of Canada have not had to do).