Times of Change

posted December 1, 2008

Treaty negotiations in British Columbia continues to be a challenge. Despite the obstacles and the frustrations felt at all levels however, First Nation people persevere and maintain the path that will see more positive changes and better social and working circumstances for us all.

The United States has recently elected the first African-American person in their history to the highest position in that country – Barack Obama becomes President of the United States in January 2009. Imagine the changes and the struggles the black people of America have undergone – from slavery to Presidential profile in less than 200 years! First Nations in B.C. pursue similar results – that our people are able to care for themselves –not just to subsist but to live healthy, prosperous lives, where our people are no longer viewed as second class, where we have capable, intellectual and practical leaders in every segment of society – not just ours but of all society.

The current international economic crisis started in the United States but now covers the globe. How it may effect First Nations is not yet determined but rest assured we will be hurt. If history is any indication, when times are tough and government starts tightening its budget controls First Nations are near the top of cuts. Housing, Education, Health services and Economic Development may be visible impact areas that our Chiefs and Councils will face. Until we are in a stronger position that allows us to generate our own wealth and control our own economic circumstances we will always be subject to the will of the federal or provincial government’s direction.

On November 13, 2008, one of the West Coast of Vancouver Island Tribes – Tla-o-qui-aht First Nations signed an ‘Incremental Treaty Agreement’ with British Columbia. While not a full comprehensive treaty, it does provide that community with immediate access to some of their traditional territory for residential and economic purposes. The Incremental Treaty Agreement also provides them with $600,000 capacity funding to assist with development purposes. This is the first agreement of its kind as part of the BC treaty negotiation process. The Tsimshian First Nations of Kitselas, Kitsumkalum and Metlakatla were engaged in negotiation for a fishery Incremental Treaty Agreement through 2006-07 however have now set aside that effort to concentrate on full comprehensive treaty results.

British Columbia is now officially 150 years old! While that may be a reason for celebration to some, it is also a time for First Nations to re-state the fact that there is unfinished business involving First Nations. Grand Chief Ed John is well known to the Tsimshian through his involvement with the First Nations Summit. He recently wrote an editorial article to the Vancouver Sun and the Province Newspapers reminding people of the shortcomings of British Columbia and its successive governments. He states

“…We share an incredibly beautiful and resource-rich land which has provided for a livelihood for most British Columbians. Not necessarily for B.C. First Nations, however. The goodwill of the people and the political will of governments is required to address socio-economic disparities and honourably and fairly resolve the ‘land question.”

We have heard many prominent leaders say that as a result of legal victories by First Nations, government must come to grip with a changed landscape and work with and respect the fact that First Nations have rights, we have title and we must be involved in major decision making processes that may impact those rights or title. Ed John acknowledges that “This, however, is a difficult and complicated political and legal undertaking.” As with the Tsimshian effort, the Grand Chief maintains a position that government does not have the legal authority to extinguish first nations’ aboriginal rights and title and urges both the federal and provincial governments to provide workable mandates that will allow them to engage in positive discussion and negotiations with First Nations.

The B.C. Treaty Commission released its annual report on the status of treaty-making in BC on November 26. In that report, Acting Chief Commissioner Jody Wilson states the Commission sees four good opportunities to move treaty negotiations forward and see more treaties achieved. The opportunities are: an Incremental Treaty Process as with the recent Tla-o-qui-aht agreement; opportunity through effort of a Common Table approach to overcome key obstacles; opportunity for more agreements if Canada confirms a mandate over fishery issues similar to agreements reached with the Tsawwassen Nation and the Maa-nulth First Nations; and finally if the BC First Nations Leadership Council and the provincial government can achieve a workable ‘recognition and reconciliation act’ to address aboriginal rights and title in this province. Wilson also states “A treaty is not the one, all encompassing answer to every problem and challenge facing First Nations; nor can negotiations occur in isolation from other important initiatives and events that impact aboriginal people.” The annual report closes with statement that a sustained and determined focus is required by the parties if these opportunities are to be realized as a way forward for treaty negotiations.

2008 is rapidly coming to a close and we will enter a new year. Let us hope and pray for success, health and new opportunity for our members, whether we are at home or away. Times of change are always upon us, let us not change the strength of character, our resolve to get the job done and the need for maintaining our community values. Hug your children and your family.

Best of the season to you all!