Treaty Presentations

Terrace Community Leaders

Presentation to Public Opinion Leaders Dinner,Terrace, B.C. July 15, 2008

Tsimshian First Nations (TFN’s) include 5 First Nations:

• Kitselas, Kitsumkalum, Metlakatla, Hartley Bay & Kitasoo.

This presentation refers to the effort of Kitselas and Kitsumkalum as they have been the two active in negotiations.

• Area encompassed surrounds Terrace
  East along Highway 16 part way to Hazelton (Gitxsan)
• South towards Kitimat (Haisla & Wet’suwet’en)
• North to Gainor Lake (Nisga’a)
• West along the Skeena River (other Tsimshian)

• Kalum & Kitselas currently have ‘Reserve Lands’ that are small in size and cannot provide for membership needs (other than housing & some fishing interests).

Objective

“Work together to develop strong, healthy, self-sustaining Tsimshian First Nations through the negotiation and conclusion of treaties.”

Clearly we want a fair and comprehensive treaty agreement with Canada and British Columbia.

Process

Follow BCTC criteria,

• Entered the process in 1993 – table became active in 1996,
• 2005 saw renewed effort and reorganization to form the structure in place now,<
• Annual funding provisions (80% repayable loan) – it’s in our direct interest to move quickly!  - Here we are 15 years later.
• Currently in Stage 4 – AIP negotiations – seek a formal handshake agreement.
• We generally are meeting monthly, Chief Negotiator level &/or various working group levels
• Time to complete ( _?_ ).  Still to be determined,

• Once AIP is reached, the TFN’s will seek community approval before B.C. and Canada approve,

Following AIP, the Parties will enter the next stage – Final Agreement negotiations (estimate another 2 years).

Main Topics of Negotiation

• Self-Government,
• Eligibility and Enrollment,
• Lands (what lands, where, how much, what is protected etc.),
• Resources (Fish/Forests/Wildlife & Birds etc),
• Environmental Protection,
• Culture,
• Fiscal and Tax issues including economic opportunities,
• There are others in the various 25 chapters of the Agreement In Principle, but these are the ‘big ones’.

Will We Ever Achieve Treaty?

• Nisga’a treaty came into effect in 2000 (provided for $200million to area & 2000sq. km. of land to Nisga’a),
• Lheidli T’enneh (Prince George area) failed its community approval in 2006/07,
• Tsawwassen Treaty has been approved at all three levels and will come into effect at some point in the next couple of years,
• Maa-nulth (West Coast of Vancouver Island) is very similar in make up to TFN’s and is waiting for federal approval.

This shows that treaty can be done!  And if we look at the Nisga’a – it has resulted in positive results to the community surrounding them.

 Obstacles

There are impediments to TFN treaty:

• Uncertainty of respective objectives and approach,
• Federal fish provisions,
• Provincial land/cash & resources,
• Taxation,
• Time requirements,
• FN community support,
• TFN Structure and constitutions.

What’s Needed to Finish?

• Greater Political will to do a treaty – Canada/BC/TFNs;
• Perseverance;
• Patience;
• Clear vision & objectives that can be applied.

Results

• Treaty will not be the answer for all of our issues; however it will be a key component for the future of the Tsimshian First Nations,
• First Nations will have more land – will be defined and publicized,
• FN’s will have a level of law-making jurisdiction,
• FN’s will have economic opportunities and economic clout,
• FN members will be more able and willing to return home,
• Continuing relations between FN’s, the City and the Regional District – hopefully improved beyond an already favourable relationship that provides for cost sharing and community services i.e. Water, sewer, fire and safety,
• Anticipate an overall economic growth to the area,
  
• Constitutionally protected treaty agreement – providing certainty, responsibility and opportunity!

_____________________

Gerald D. Wesley
July 15, 2008

Tsimshian First Nations

Terrace, B.C.