Crown-Indigenous Relations Minister Carolyn Bennett in Whitehorse in 2017. (Joel Krahn/Yukon News file)

New rights-based approach to First Nations treaty-making rolled out

A new co-operatively developed policy could renew treaty-making with recognition of rights

It could kick-start treaty negotiations in B.C.

Canada, B.C. and First Nations Summit officials have together hammered out a new “rights-based” policy for treaty negotiations in B.C. to replace the previous one-size-fits-all approach.

The ‘Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia’ policy will usher in a new way of dealing with treaties.

“It’s a substantive transformation,” said Carolyn Bennett, federal minister of Crown-Indigenous Relations in a phone interview. “It felt historic because it means no longer do people have to surrender their rights in order to get out from under the Indian Act.”

Terry Horne, chief of Yakweakioose First Nation near Chilliwack, said his community is part of the six- member Stó:lō Xwexwilmexw Treaty Association, which is at Stage 5 in the treaty process.

“It’s all good stuff, and it’s what we had during our negotiations,” said Chief Horne about the rights-based approach. “The big change is not having to extinguish rights and title to enter the process got put back on the table.”

Although the SXTA expects to sign a final agreement within the next five years, and this new policy could help other Indigenous groups.

“It does set some standards,” said Horne. “When we were in negotiations, we were pushing these same boundaries, which were groundbreaking, and were the first.”

The new policy was co-developed by treaty principals — Canada, the First Nations Summit and British Columbia — to offer guidance on how treaties, agreements and other arrangements are to be negotiated, consistent with the constitution, and commitments to implement the UN Declaration on the Rights of Indigenous Peoples in B.C., as well as international law, Indigenous laws and legal orders.

With the federal budget of 2019 containing provisions for forgiving treaty loans, the new policy could also be incentive for those who left the treaty process or never entered to begin with, Minister Bennett said.

The new policy “clears the way” for recognition of Indigenous rights and title, including self-determination, and could lead to restoring trust in the process, said Robert Phillips, a member of the First Nations Summit political executive.

“I think this will be very significant in making progress in treaty negotiations,” Phillips said, calling it “a breakthrough, and a step toward reconciliation.”

There might be some naysayers but he urges them to look closely at what’s in the policy.

The central feature is basing negotiations on the recognition and continuation of rights without those rights being modified, surrendered or extinguished when a treaty is signed.

“From this recognition, and more importantly the implementation of this new approach, it will foster more of a relationship between First Nations and the Crown. Parties would enter negotiations in the past and it was like a divorce. This is more of a relationship,” said Phillips.

It could help address longstanding issues that became obstacles as the treaty policy stalled over the years.

“We look forward to the breakthroughs that should result from these long-awaited innovations,” he added.

It also includes commitments to address shared or overlapping territories, and to respect the rights of Indigenous groups not participating in the B.C. treaty process.

A made-in-B.C. treaty negotiations process was created in 1992. Since then, 11 First Nations in B.C. have reached modern treaties with self-government and 28 First Nations groups are now in the advanced stages of negotiation.

READ MORE: Six First Nations signed new treaty


@CHWKjourno
jfeinberg@theprogress.com

Like us on Facebook and follow us on Twitter.

Just Posted

Long-awaited Crofton road improvements finally happening

Paved shoulders on both sides will be a welcome addition

New ratepayers association forming in Area H

Organization will advocate for North Oyster, Yellowpoint and Diamond District residents

Mrs. Warren’s Profession a delightful comedic romp

Chemainus Theatre Festival did not disappoint with their production of Mrs. Warren’s Profession

Campground on the chopping block as ALC deadline looms

Owners fighting to continue facility’s operation, with a huge outpouring of support

Nanaimo-Ladysmith candidates try to chart a path to victory

Conservatives, NDP, Liberals set sights on votes needed to unseat Green incumbent

VIDEO: Drone footage documents work to free salmon at Big Bar landslide

Video shows crews working to remove rocks and wood, and transporting salmon by helicopter

Bear killed in Kimberley after chasing girl, wreaking havoc on town

This particular brown-coloured bear has been the subject of many calls this summer; very food habituated, CO says

Vancouver Island man bikes through B.C. Interior for mental health, addiction awareness

Vancouver Island Resident Mat Fee is approaching the final phase of his cross-Canada bike journey to raise awareness about addiction recovery.

Police investigate after intoxicated teens clash with security at B.C. fair

18-year-old woman arrested and RCMP looking at possible assault in Victoria-area fall fair incident

Boy overdosed on illicit anti-anxiety drug found on Kelowna classroom floor, RCMP say

Noah Mills, 8, ingested a pink powdery substance off his Kelowna classroom floor

BC SPCA investigating after three dogs found shot dead in Prince George ditch

The three adult dogs appeared to be well cared for before being found with gunshot wounds, BC SPCA says

Psychiatric assessment ordered for man accused in Salmon Arm church shooting

Lawyer tells court accused was diagnosed with psychosis hours after his arrest

Surrey mom allegedly paid $400,000 for son in U.S. college bribery scam

Xiaoning Sui, 48, was arrested in Spain on Monday night

Winnipeg student, killed in bus crash, remembered as passionate, kind

University of Victoria student Emma Machado, 18, was killed in the bus crash near Bamfield on Friday

Most Read