B.C. Aboriginal Relations Minister John Rustad signs agreement in principle with five Vancouver Island First Nations April 9. It establishes land and cash settlement

Treaty cash cow may dry up

Some B.C. Treaty Commission negotiations are making slow progress, while others have seen little or no movement

VICTORIA – The B.C. Treaty Commission and its federal and provincial financiers put on a brave show last week, celebrating a “milestone” in negotiations for a modern treaty with five Vancouver Island First Nations.

A regional group representing the Songhees, Beecher Bay, T’Souke, Malahat and Snaw-Naw-As (Nanoose) First Nations have reached the “agreement in principle” stage of negotiations with Canada and B.C., after 20 years of treaty talks.

This is similar to the treaty finalized in 2007 with another five-member Vancouver Island group called Maa-Nulth Nations. The Te’mexw Treaty Association agreed to accept 1,565 hectares of provincial Crown land and $142 million in federal cash to settle its historic aboriginal title.

Alas, agreement in principle is but the fourth of sixth stages. Now a platoon of lawyers takes over from the roomful of negotiators to produce the final legal text. It will be years before this treaty can be presented to the B.C. legislature and the House of Commons in Ottawa, if it ever is.

These elaborate ceremonies will never be viewed the same again after the release of federal treaty advisor Doug Eyford’s report last month. The Te’mexw event seemed to have an extra urgency after Eyford’s observation that much of this costly activity has become a job creation program for those involved.

These Vancouver Island communities deserve credit for setting aside their own territorial disputes. It’s more than most have done. Eyford concluded after a long summer of meetings last year that many treaty negotiation teams in this province and across the country show no such inclination.

In B.C. and elsewhere in Canada, there is a “conspicuous lack of urgency in negotiations” and “sharp divisions” between parties, most of which have been at the table for a decade or more, Eyford found.

This is what has come to be known as the “aboriginal industry,” where lawyers and consultants have a seemingly endless supply of lucrative work, much of it of questionable value. For some aboriginal participants, attending treaty meetings year after year is the best paying job they have ever had.

Indeed, a common feature of the province’s dealings with aboriginal communities is that their leaders demand meetings, and then demand to be paid to attend them.

This latest Vancouver Island treaty, assuming it is ever finalized, would at least in part replace the Douglas Treaties, signed by B.C.’s colonial governor James Douglas in the 1850s.

These treaties around Fort Victoria were quickly concluded if nothing else. The Beecher Bay Band was paid 45 pounds, 10 shillings for most of Sooke and another 43 pounds and change for its Metchosin territory.

One of the biggest missing pieces in the latest agreement in principle is the share of federally-regulated fisheries. This has been a theme of B.C. Treaty Commission reports in recent years, as Ottawa holds up treaties for years because it is unable or unwilling to offer shares of salmon in particular.

Hunting and fishing rights are acknowledged even in historic treaties, and reaffirmed by the Charter of Rights and Freedoms. Sharing these rights while maintaining conservation of fish stocks has been more than Ottawa, and in some cases neighbouring aboriginal communities, have been able to manage.

Eyford’s findings, and the B.C. government’s sudden refusal to keep staffing a B.C. Treaty Commission that shows so little progress, have sent one overdue message.

If participants aren’t prepared to make real compromises and show a willingness to conclude agreements rather than drag them out, they should leave and come back when they are ready to do so.

Tom Fletcher is legislature reporter and columnist for Black Press. Twitter: @tomfletcherbc

Just Posted

NDP executive steps down in North Okanagan Shuswap

in-house ‘spending scandal’ blamed for Saturday’s resignation decision

Vernon second-degree murder suspect found not criminally responsible

Angelo Gabriel Monfort’s matter will be put to the British Columbia Review Board

Penticton man dies in Lavington train incident

Sunday afternoon incident claims 25 year old

Revelstoke theatre students debut Shoe Tree

Flying Arrow Production’s contribution to the international AB Project debuted this weekend,… Continue reading

Revelstoke council calls for more clarity in RMR updated master plan

Revelstoke City Council has requested more clarity and detail from Revelstoke Mountain… Continue reading

Canada won’t ‘play politics’ on U.S. migrant children policy

The U.S. government is under fire over its ”zero tolerance” policy

UPDATED: Oliver wildfire extinguished, B.C. Wildfire mopping up

6-ha. brush fire contained before it could spread farther

Late goal gives England 2-1 win over Tunisia

At the last World Cup in 2014, England couldn’t even win a game

Canadian military police officer pleads not guilty to sex assault

Sgt. Kevin MacIntyre, 48, entered his plea today at a court martial proceeding in Halifax

Vernon cold case murder suspect bail hearing Tuesday

Paramjit Singh Bogarh will appear in Vernon Law Courts at 10 a.m. June 19

Elvis lives again in Penticton

Elvis Festival back this weekend for 17th year

Cheers erupt as Federal Court judge approves historic gay purge settlement

Gay military veterans said they were interrogated, harassed and spied on because of their sexuality

Remains of two people found on Vancouver Island

Officials have not said whether or not the remains belong to two missing men, last seen in Ucluelet in mid-May

Helping B.C.’s helpers cope

The MRT has helped almost 7,000 first responders and street workers in 57 communities in B.C.

Most Read