TFN Treaty Negotiations Update February 2010

posted February 12, 2010

Background:

•  Tsimshian First Nations (along with most other First Nations in BC) have been seeking treaty or treaty-like provisions with government for over 100 years on the basis that we have a special attachment called Aboriginal Title (indeed a form of ownership) to traditional territories and with that special attachment is a special Aboriginal Right to govern our own societies and to the land and its natural resources.

•  Government has not readily recognized nor agreed that we have Title and Rights which has been frustrating and detrimental to our people and our territory.

•  Courts have confirmed Aboriginal Rights and Title - Courts have also helped to promote a negotiations process.

•  In 1993 Canada and BC agreed to make a major step when they signed off on the establishment of a neutral negotiations process “BC Treaty Commission” was formed.

•  The Tsimshian Nation group pursued the option recommended in 1991: that The First Nations, Canada, and British Columbia establish a new relationship based on mutual trust, respect, and understanding–through political negotiations.

•  It has been a tough go and now in 2010, 5 of our communities continue this path and effort: Kitselas, Kitsumkalum, Metlakatla, Hartley Bay, and Kitasoo.

We want to ensure our people continue to be recognized. For that to be reality, we need a land base, we require Self-Governance that will allow us to set up strong leadership and provide services, we need an economic base to provide necessary infrastructure and contribute to the social well being of our members. We also know that it is crucial to protect the tangible benefits of our Aboriginal Rights – right to harvest fish, right to hunt, right to gather from our lands and do so in fashions that will be long-lasting and consistent with our traditional and cultural values.

Where we are:

•  Progressing towards Agreement in Principle (AIP) – not one overall but with provision for uniqueness and individual requirements for each community.

•  Kitselas and Kitsumkalum have chosen to work very closely together. There may only be minor differences but they both want their own AIP and following that, their own Final Agreement or treaty!

Key issues:

•  Land

•  Governance and law-making authority or jurisdiction

•  Fishery

•  Resource Management participation within the entire territory

•  Financial capacity (cash & revenue sharing )

Timing:

•  We cannot say with certainty but hope to see substantive progress this year, potentially with an AIP for Kitselas and Kalum.

•  Some factors are beyond our control – state of economy, minority federal government, mood of our people, … but I am optimistic that the treaty process is doable and it's the right thing to do.

•  Today marks the opening of the 2010 Winter Olympics in Vancouver-Whistler. First Nations will be at the forefront and very prominent for that event – it shows there can be cooperation, there can be positive benefits working with First Nations, and I note clearly that the Four Host First Nations are showing that they have capacity, they have ability and they have a vision to better their communities. We the Tsimshian do as well!

Chief Negotiator Gerald Wesley