Tsimshian First Nations Negotiations

posted December 1, 2008

Tsimshian First Nation (TFN) negotiations can be broken down to 3 different approaches. The central office for Tsimshian First Nations Treaty Negotiations is responsible to coordinate and facilitate or lead these efforts. Recent meetings have been held on Sept. 3 & 4 at Kitsumkalum; Oct. 15 & 16 at Indian Affairs in Vancouver; and Nov. 12 & 13 at Kalum. The next one will be held Dec. 10 & 11 in Vancouver. We have 3 distinct efforts because of the differing circumstances among the five TFN’s including detailed readiness and political direction from the community itself.

Kitselas and Kitsumkalum

Kitselas and Kitsumkalum are the most directly engaged in negotiations with Canada and British Columbia. These two communities have chosen to maintain negotiations by addressing every specific line of detail necessary to finalize an Agreement in Principle (AIP). This has resulted in slow and tedious work which has been eased somewhat with agreement to utilize provisions and issues already agreed upon in other treaty agreements as much as possible. This has included review, analysis and adaptation of concepts within the Nisga’a agreement, the Tsawwassen agreement, the Maa-nulth etc.

The result has been a rolling draft containing the 25 chapters expected for AIP. There is still pretty big ‘gaps’ within this effort – fish, land, cash and elements of self-government continue to be outstanding. However Kitselas and Kalum’s negotiators feel we have made substantial progress and may be within sight of end results although no dates are anticipated at this point.

While negotiations continue, these two communities are stepping up efforts to make members aware of work to date, the objectives for treaty and to ensure membership has opportunity to gain good practical understanding of what the treaty provisions are. Negotiators Mel Bevan for Kitselas and Alex Bolton for Kalum continue to state that no agreement can be finalized without the formal approval of members therefore it’s important you have a good understanding of what is in the proposed treaty.

Kitasoo and Metlakatla

Kitasoo and Metlakatla have both participated in direct negotiations in order to prepare and determine that a basic framework was in place. Now they have opted to take that work, compare it to community requirements and have been preparing a draft AIP from their specific community perspective. One of the reasons for this approach is to overcome the apparent obstacle of weak mandates from federal and provincial negotiators to address key topics such as fish, taxation and law-making authority which is the same reason Kitselas and Kalum see gaps in their AIP effort.

Kitasoo completed their internal community review process which allowed their negotiators to share detail information with the other three TFN’s and then to present the Kitasoo AIP proposal to Canada and British Columbia on October 16. Canada and BC will be reviewing the Kitasoo presentation document and are expected to provide formal response during the December session in Vancouver.

Metlakatla was a full participant with Kitselas and Kitsumkalum until the beginning of 2008 when they opted to revise efforts and align with the Kitasoo model. Metlakatla’s Negotiator, Harold Leighton expects their AIP proposal will be presented to government early in the new year. Metlakatla has served notice to government that satisfactory fishery provisions are a paramount outcome if they are to achieve a treaty. Canada has primary jurisdiction over fishery issues for negotiations.

Hartley Bay (Gitga’at)

Gitga’at has not been active in negotiations however has maintained communications by attending planning and review meetings along with each of the other Tsimshian First Nations. Chief Councillor Jack Clifton has advised that Gitga’at will continue to monitor progress at all levels and will seek community direction as to how they move forward. Gitga’at as well as each of the other TFN’s have maintained effort to increase their role in surrounding economic opportunities while the negotiations process continues.

General Issues

With 2008 soon behind us, TFN’s will be meeting to review results and plan steps into the next year. Each year a collective Strategic Planning session is held involving leadership from each of the five first nations. No date has been set however past meetings have been held close to the end of the current fiscal period (March) in order to consider any funding realities.

All community members are encouraged to contact their treaty office for current updates and to share information.