Treaty Presentations

First Nations and Fish/Wildlife Resources

Presentation to BC Wildlife Federation Annual General Meeting, April 10, 2008

Thank you for the opportunity to be with you today.  My appreciation to Mr. Rod Wiebe for approaching me and to Jan Siwinski for organizing logistics.

198 First Nations in British Columbia; several of them in the Salmon Arm area.

• Indian Reserves are located in key water and travel corridors

• Traditional territories cover British Columbia

Aboriginal Rights have been recognized through the Constitution:

Section 35 (1)  The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

BUT—the determination of what aboriginal rights are, where they apply, and how they are incorporated into provincial and federal systems is not absolutely clear. This results in expensive (to everyone) court action, protests and uncertainty and confusion for managing resources, monitoring and enforcing regulations and for supporting aboriginal rights. Common sense says find a solution—work it out! People have to talk!

One example is the Kitsumkalum Band meeting with provincial Conservation Officers and with the federal Fisheries & Oceans to review monitoring and enforcement concerns in the Kalum Valley. Another is through the Kalum and North-Coast LRMP’s. On a larger scale it is through the treaty making process and the BC Treaty Commission (not all are involved).

And none of it is easy! People will have different viewpoints, we will have different priorities, we have different ways of communicating, and, we have to deal with government officials who may have their own perspectives.

The current ‘BCTC’ treaty process started in 1991. Three ‘Principals’ sat together to find a solution. They recommended the establishment of a new process and negotiations. They said treaty making is to “establish a new relationship based on mutual trust, respect and understanding—through political negotiations” (Recommendation No. 1, BC Claims Task Force Report)

Key components to First Nations:  Rights, Ownership, Jurisdiction, Governing Structures. 

This involves:

• Confirming Special Aboriginal Rights of First Nations (government seeks modification)
• Expanding the land base and describe the land First Nations will own or control
• Identifying and confirming the governing institutions of  First Nations, the jurisdictions of First Nations and government and their relationship together

The process is ongoing – and it is taking much more time than expected

The Tsimshian started in 1993 with direct meetings and negotiations starting in 1996.  We are now only at Stage 4 of a six stage process and at a cost of millions of dollars—to First Nations who are charged with loan repayment and to all of us as taxpayers in footing the bill for government involvement.  Indian people are taxpayers too!

The Nisga’a completed their treaty in 1996 and was implemented in 2000. They are the only group with direct practical experience in treaty results and effects in BC. In 2007 the Nisga’a worked with the Ministry of Environment to restrict a seven day open hunting season to address rapidly declining moose population. They still have Limited Entry access.

Two other First Nations, Tsawwassen (July 2007) and Maa-nulth (October 2007), approved their respective treaty agreements within the BCTC process. They are still passing through government requirements before they can be implemented.

Some of the detailed effort for the treaty I’m involved with:

• Conservation (I shudder when I think of the East Coast Atlantic Cod fishery being shut down before extinction)

• Access for food, social and ceremonial purposes

• Provision to participate in any related economic opportunities – guiding & recreation

• Enhancement provisions

• Improved enforcement and direct management relations

• Recognition that there may be some areas that will be avoided – Beaver River LRMP Protected area. (I have been urging river boat restrictions on the Kalum River fearing irreparable damage to the spring salmon spawning grounds.)

More work is required politically, practically and for the sustainability of our natural resources in this province. Not just fish and wildlife but the land, the waters, the forests and the environment that provides for them. First Nations will say that if they don’t have access, they will not survive as a people. I hope nobody has that as even a remote thought

How is it to be done?

Relationships are essential for:

• Education and awareness

• Understanding of the issues

• Identifying the problems

• Posing solutions

Simple?  Hardly, but it can be done

• Forums and interaction such as this presentation to the 52^nd Annual General Meeting of the BC Wildlife Federation is one of the steps

• Meetings at the community level involving First Nation representatives, local chapters of BCWF to gain understanding of issues or concerns

• Lobby to establish effective fish and wildlife data – in many areas, fish and wildlife management estimates are a hodge-podge of ‘best estimates’

• Seek cooperative funding regimes between Canada and British Columbia to improve and where possible, integrate field enforcement activities

• Understanding of the treaty negotiation process and pressure on all Parties to finalize agreements – sooner than later

• See a bigger picture that is the mosaic of our society.  We’re here for the long haul, let’s find a better way to meet requirements.

Common sense based on practical experience can go a long ways.

 

Thank you for the opportunity to be with you today – good luck and positive results is my closing comment!

_____________________

Gerald D. Wesley
April 10, 2008

Tsimshian First Nations

Terrace, B.C.