GREATER VANCOUVER REGIONAL DISTRICT ABORIGINAL … · 2015. 9. 25. · GREATER VANCOUVER REGIONAL...

GREATER VANCOUVER REGIONAL DISTRICT ABORIGINAL RELATIONS COMMITTEE

REGULAR MEETING

Thursday, October 1, 2015

1:00 p.m. 2nd Floor Boardroom, 4330 Kingsway, Burnaby, British Columbia.

A G E N D A1 1. ADOPTION OF THE AGENDA

1.1 October 1, 2015 Regular Meeting Agenda That the Aboriginal Relations Committee adopt the agenda for its regular meeting scheduled for October 1, 2015 as circulated.

2. ADOPTION OF THE MINUTES

2.1 July 22, 2015 Regular Meeting Minutes That the Aboriginal Relations Committee adopt the minutes of its regular meeting held July 22, 2015 as circulated.

3. DELEGATIONS 4. INVITED PRESENTATIONS

4.1 Celeste Haldane, Acting Chief Commissioner, and Jerry Lampert, Commissioner, BC Treaty Commission (BCTC) Subject: Overview of the Status of the BC Treaty Commission and Treaty Negotiations, and Initiatives Underway for Improving the BC Treaty Process

1 Note: Recommendation is shown under each item, where applicable.

September 25, 2015

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Aboriginal Relations Committee Agenda October 1, 2015

Agenda of 3

5. REPORTS FROM COMMITTEE OR STAFF

5.1 2016 Business Plan and Budget – Aboriginal RelationsDesignated Speaker: Ralph G. Hildebrand, General Manager, Legal & Legislative Services/Corporate Solicitor That the Aboriginal Relations Committee endorse the 2016 Aboriginal Relations Business Plan and Budget as presented in the report “2016 Business Plan and Budget – Aboriginal Relations”, dated September 25, 2015, and forward them to the Board Budget Workshop on October 21, 2015, for consideration.

5.2 Manager’s Report Designated Speaker: Ralph G. Hildebrand, General Manager, Legal & Legislative Services/Corporate Solicitor That the Aboriginal Relations Committee receive for information the report dated September 23, 2015, titled “Manager’s Report.”

6. INFORMATION ITEMS

6.1 Metro Vancouver Staff Article: “A Meet and Greet Breakfast Gathering.” August2015.

6.2 First Nations Fiscal Management Act Correspondence dated July 30, 2015 from Bernard Valcourt, Minister of Aboriginal Affairs and Northern Development Canada; correspondence was forwarded to Metro Vancouver via the Federation of Canadian Municipalities.

6.3 BC Treaty Commission Update/Status Report. Summer/Fall 2015.

6.4 British Columbia – First Nations Proposed Commitment Document 2015.

6.5 News Release Article from Aboriginal Affairs and Northern Development Canada: “Harper Government supports economic development at Tsawwassen First Nation.” July 31, 2015.

6.6 Katzie First Nation’s Invitation and Request for a Letter of Support to Secure Partial Funding to Host Two Community to Community Forums Correspondence dated September 18, 2015 from Greg Moore, Chair, Metro Vancouver Board, to Gary MacIsaac, Executive Director, Union of BC Municipalities.

6.7 An Analysis of a New Direction Report on the Renewed Federal Comprehensive Land Claims Policy in Relation to Local Government Interests Correspondence dated September 18, 2015 from Greg Moore, Chair, Metro Vancouver Board, to Honourable Bernard Valcourt, Minister of Aboriginal Affairs and Northern Development Canada.

September 25, 2015

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Aboriginal Relations Committee Agenda October 1, 2015

Agenda of 3

6.8 An Analysis of a New Direction Report on the Renewed Federal Comprehensive Land Claims Policy in Relation to Local Government Interests Correspondence dated September 18, 2015 from Greg Moore, Chair, Metro Vancouver Board, to municipalities within Metro Vancouver region.

6.9 News Release Article from Union of BC Municipalities: “UBCM Renews MOU with

MARR.” September 21, 2015.

7. OTHER BUSINESS 8. RESOLUTION TO CLOSE MEETING

Note: The Committee must state by resolution the basis under section 90 of the Community Charter on which the meeting is being closed. If a member wishes to add an item, the basis must be included below. That the Aboriginal Relations Committee close its regular meeting scheduled for October 1, 2015 pursuant to the Community Charter provisions, Section 90 (2) (b) as follows: “90 (2) A part of a meeting may be closed to the public if the subject matter being

considered relates to or is one or more of the following: (b) the consideration of information received and held in confidence

relating to negotiations between the municipality and provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.”

9. ADJOURNMENT/TERMINATION

That the Aboriginal Relations Committee adjourn/conclude its regular meeting of October 1, 2015.

Membership: Steele, Barbara (C) – Surrey Read, Nicole (VC) – Maple Ridge Becker, John – Pitt Meadows Booth, Mary-Ann – West Vancouver Dhaliwal, Sav – Burnaby Drew, Ralph – Belcarra Fox, Charlie – Langley Township

Hanson, Jim – North Vancouver District Jackson, Lois – Delta Martin, Gayle – Langley City Meggs, Geoff – Vancouver Williams, Bryce – Tsawwassen Zarrillo, Bonita – Coquitlam

Non-Voting Members: Stobbart, Al – Fraser Valley Regional District Crompton, Jack – Squamish-Lillooet Regional District Lewis, Lorne – Sunshine Coast Regional District

September 25, 2015

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GREATER VANCOUVER REGIONAL DISTRICT ABORIGINAL RELATIONS COMMITTEE

Minutes of the Regular Meeting of the Greater Vancouver Regional District (GVRD) Aboriginal Relations Committee held at 10:02 a.m. on Wednesday, July 22, 2015 in the 2nd Floor Boardroom, 4330 Kingsway, Burnaby, British Columbia.

MEMBERS PRESENT: Chair, Councillor Barbara Steele, Surrey Vice Chair, Mayor Nicole Read, Maple Ridge Mayor John Becker, Pitt Meadows Councillor Mary-Ann Booth, West Vancouver Councillor Sav Dhaliwal, Burnaby Mayor Ralph Drew, Belcarra Councillor Charlie Fox, Langley Township Councillor Jim Hanson, North Vancouver District Councillor Gayle Martin, Langley City Councillor Geoff Meggs, Vancouver Councillor Bonita Zarrillo, Coquitlam

MEMBERS ABSENT: Mayor Lois Jackson, Delta Chief Bryce Williams, Tsawwassen

OTHERS PRESENT: Lorne Lewis, Sunshine Coast Regional District∗ Bhar Sihota, Union of British Columbia Municipalities (observer)

STAFF PRESENT: Ralph Hildebrand, General Manager, Legal and Legislative Services/Corporate Counsel Janis Knaupp, Assistant to Regional Committees, Board and Information Services, Legal and

Legislative Services

1. ADOPTION OF THE AGENDA

1.1 July 22, 2015 Regular Meeting Agenda

It was MOVED and SECONDED That the Aboriginal Relations Committee adopt the agenda for its regular meeting scheduled for July 22, 2015 as circulated.

CARRIED

* Non-voting members from Fraser Valley, Squamish-Lillooet and Sunshine Coast Regional Districts do not constitute quorum.

Minutes of the Regular Meeting of the GVRD Aboriginal Relations Committee held on Wednesday, July 22, 2015 Page 1 of 7

2.1

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2. ADOPTION OF THE MINUTES

2.1 February 18, 2015 Regular Meeting Minutes

It was MOVED and SECONDED That the Aboriginal Relations Committee adopt the minutes of its regular meeting held February 18, 2015 as circulated.

CARRIED

The Committee was informed about a late delegation request and considered a motion to suspend the rules.

Suspension of the Rules It was MOVED and SECONDED That the Aboriginal Relations Committee, pursuant to Section 1.5 of the Procedure Bylaw, suspend at its July 21, 2015 regular meeting, the rule outlined in Section 13.6 relative to committee late delegations, to hear Hereditary Chief Gibby Jacob, Squamish Nation.

CARRIED

3. DELEGATIONS

3.1 Hereditary Chief Gibby Jacob, Squamish NationHereditary Chief Gibby Jacob, Squamish Nation, addressed the Committee on behalf of Squamish First Nation, also recognizing Musqueum Indian Band, Tsleil-Waututh Nation, and Chiefs and Councils. Chief Jacob spoke about local First Nations involvement in preparing for and hosting the 2010 Vancouver Winter Olympics, and expansion of the Sea to Sky Highway Project. Chief Jacob referred to his ancestors’ footprint on lands within Metro Vancouver and informed members about community programs and services and the positive impact on Squamish Nation youth from trades training programs being offered in their community.

Chief Jacob spoke about government rules and regulations being exclusionary and about the importance of First Nations and other order of government building relationships and moving ahead together on projects. Chief Jacob also spoke about existing infrastructure running through Squamish Nation lands for use by outside communities and Squamish Nation’s willingness to work together.

4. INVITED PRESENTATIONSNo items presented.


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5. REPORTS FROM COMMITTEE OR STAFF

5.1 An Analysis of A New Direction Report on the Renewed Federal ComprehensiveLand Claims Policy in Relation to Local Government Interests Report dated June 29, 2015 from Marino Piombini, Supervisor, Aboriginal Relations, Legal and Legislative Services, providing comments on the report by Douglas Eyford, Ministerial Special Representative to the federal Minister of Aboriginal Affairs and Northern Development Canada, in response to reviewing the report titled A New Direction: Advancing Aboriginal and Treaty Rights. The draft comments identify local government interests that are affected by the revised federal Comprehensive Land Claims Policy.

Members were provided a presentation on the analysis of A New Direction Report on the Renewed Federal Comprehensive Land Claims Policy highlighting timeline, overview, limitations and solutions, report recommendations, and local government concerns.

Presentation material titled “An Analysis of A New Direction Report” is retained with the July 22, 2015 Aboriginal Relations Committee agenda.

Members considered strengthening the motion to provide clarity and to express concerns about local governments not being contemplated in the report.

It was MOVED and SECONDED That the GVRD Board: a) write a letter to the federal Minister of Aboriginal Affairs and Northern

Development Canada to convey Metro Vancouver’s dismay and disappointment with the lack of recognition of local government and local government interests included in the report, dated June 29, 2015, titled “An Analysis of A New Direction Report on the Renewed Federal Comprehensive Land Claims Policy in Relation to Local Government Interests”;

b) request that the federal government include local governments in thefederal government’s policy review process; and

c) write a letter to member jurisdictions requesting they endorse MetroVancouver’s report and convey their responses directly to the federal Minister of Aboriginal Affairs and Northern Development Canada.

CARRIED

5.2 Katzie First Nation’s Invitation and Request for a Letter of Support to Secure Partial Funding to Host Two Community to Community Forums Report dated July 7, 2015 from Marino Piombini, Supervisor, Aboriginal Relations, Legal and Legislative Services, conveying Katzie First Nation’s invitation and request to the Metro Vancouver Board for a letter of support in order to secure partial funding from the Union of BC Municipalities to host two Community to Community Forums in October 2015 and January 2016.


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It was MOVED and SECONDED That the GVRD Board: a) accept Katzie First Nation’s invitation to attend two Community to Community

Forums as per the report, dated July 7, 2015, titled “Katzie First Nation’s Invitation and Request for a Letter of Support to Secure Partial Funding to Host Two Community to Community Forums”; and

b) forward a letter of support to the Union of BC Municipalities for Katzie’srequest to secure partial funding for hosting the two forums.

CARRIED

5.3 Manager’s Report Report dated July 7, 2015 from Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor, updating the Aboriginal Relations Committee on the Committee’s 2015 Work Plan, First Nation-Municipal Community Infrastructure Partnership Program (CIPP) Workshop, Tsleil-Waututh Nation and Kwikwetlem First Nation election results, 2015 Tsleil-Waututh Nation-Metro Vancouver Community to Community Forum, Katzie First Nation celebration, Truth and Reconciliation Commission, June 10, 2015 meeting of the Municipal Technical Advisory Committee on Aboriginal Relations, and the new Regional Chief of the Assembly of First Nations.

Members were informed that the Kwikwetlem First Nation election term is four years versus three years as identified in the report.

It was MOVED and SECONDED That the Aboriginal Relations Committee receive for information the report dated July 7, 2015, titled “Manager’s Report”.

CARRIED

Members were updated on the summary report on the Truth and Reconciliation Commission and a Statement of Reconciliation from Canada’s Big City Mayors Caucus with the Federation of Canadian Municipalities. Comments were offered about exploring whether Metro Vancouver has a role to play.

It was MOVED and SECONDED That the Aboriginal Relations Committee direct staff to report back at a future meeting, under the Manager’s Report, with an analysis of the summary report from the Truth and Reconciliation Commission of Canada, and recommendations in terms of Metro Vancouver’s role.

CARRIED


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6. INFORMATION ITEMS

6.1 Comprehensive Land Claims PolicyCorrespondence dated April 2, 2015 from the Honourable Bernard Valcourt, Minister of Aboriginal Affairs and Northern Development Canada, forwarded to Metro Vancouver regarding Canada’s Comprehensive Land Claims Policy.

6.2 First Nation Property Tax, Services and Economic Development in British Columbia Correspondence dated April 7, 2015 from Gary Holowatiuk, Director, Finance and Information Technology, City of New Westminster, addressed to Carol Mason, Commissioner/Chief Administrative Officer, Metro Vancouver regarding the Report on First Nation Property Tax, Services and Economic Development in British Columbia.

6.3 UBCM’s Request for Local Government Feedback on the Professor Bish/Fiscal Realities Report “First Nation Property Tax, Services and Economic Development in British Columbia” Correspondence dated April 28, 2015 from Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Counsel, Metro Vancouver, addressed to Gary Holowatiuk, Director, Finance and Information Technology, City of New Westminster, regarding the Union of British Columbia Municipalities’ request for local government feedback on the Report on First Nation Property Tax, Services and Economic Development in British Columbia.

6.4 Final Report: Tsleil-Waututh Nation – Metro Vancouver Community to Community Forum. May 13 2015

6.5 Metro Vancouver Staff Article: “Tsleil-Waututh Nation and Metro Vancouver Co-Hosted a Community to Community Forum.” May 2015

6.6 New Relationship Lands and Resources and Economic Development Initiatives First Quarter: 2015. March 31 2015

6.7 New Relationship Social Initiatives First Quarter: 2015. March 31 2015

6.8 Matrix: New Relationship Agreement in British Columbia, 2008-2015

6.9 Metro Vancouver Staff Article: “Katzie First Nation Opens Its Own Health and Community Centre in Pitt Meadows.” May 2015

6.10 Douglas Eyford Report on A New Direction: Advancing Aboriginal and Treaty Rights Correspondence dated June 12, 2015 from Barbara Steele, Chair, Metro Vancouver Aboriginal Relations Committee, addressed to the Honourable Bernard Valcourt, Minister of Aboriginal Affairs and Northern Development


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Canada regarding the Douglas Eyford Report on A New Direction: Advancing Aboriginal and Treaty Rights.

6.11 Statement of Reconciliation from Canada’s Big City Mayors Statement of Reconciliation signed by Mayor Gregor Robertson, Chair, Big City Mayors Caucus, Federation of Canadian Municipalities. June 1, 2015.

It was MOVED and SECONDED That the Aboriginal Relations Committee receive for information the following Information Items: 6.1 Comprehensive Land Claims Policy 6.2 First Nation Property Tax, Services and Economic Development in British

Columbia 6.3 UBCM’s Request for Local Government Feedback on the Professor Bish/Fiscal

Realities Report “First Nation Property Tax, Services and Economic Development in British Columbia”

6.4 Final Report: Tsleil-Waututh Nation – Metro Vancouver Community to Community Forum. May 13 2015

6.5 Metro Vancouver Staff Article: “Tsleil-Waututh Nation and Metro Vancouver Co-Hosted a Community to Community Forum.” May 2015

6.6 New Relationship Lands and Resources and Economic Development Initiatives First Quarter: 2015. March 31 2015

6.7 New Relationship Social Initiatives First Quarter: 2015. March 31 2015 6.8 Matrix: New Relationship Agreement in British Columbia, 2008-2015 6.9 Metro Vancouver Staff Article: “Katzie First Nation Opens Its Own Health and

Community Centre in Pitt Meadows.” May 2015 6.10 Douglas Eyford Report on A New Direction: Advancing Aboriginal and Treaty

Rights 6.11 Statement of Reconciliation from Canada’s Big City Mayors

CARRIED

7. OTHER BUSINESSIn response to questions, members were informed that the federal government has notresponded to concerns conveyed by Metro Vancouver on Bill S-8: The Safe Drinking Waterfor First Nations Act.

Members requested an update on the Additions to Reserve Act.

Request of StaffStaff was requested to report back to the Aboriginal Relations Committee, through theManager’s Report, with an update on the Additions to Reserve Act, at its meeting ofOctober 1, 2015.


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8. RESOLUTION TO CLOSE MEETING

It was MOVED and SECONDEDThat the Aboriginal Relations Committee close its regular meeting scheduled forJuly 22, 2015 pursuant to the Community Charter provisions, Section 90 (1) (m) as follows:“90 (1) A part of a meeting may be closed to the public if the subject matter being

considered relates to or is one or more of the following: (m) a matter that, under another enactment, is such that the public may

be excluded from the meeting.” CARRIED

9. ADJOURNMENT/TERMINATION

It was MOVED and SECONDEDThat the Aboriginal Relations Committee adjourn its regular meeting of July 22, 2015.

CARRIED (Time: 10:59 a.m.)

____________________________ ____________________________ Janis Knaupp, Barbara Steele, Chair Assistant to Regional Committees

11692689 FINAL


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To: Aboriginal Relations Committee From: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate

Solicitor Date: September 25, 2015 Meeting Date: October 1, 2015 Subject: 2016 Budget and Business Plan – Aboriginal Relations RECOMMENDATION That the Aboriginal Relations Committee endorse the 2016 Aboriginal Relations Business Plan and Budget as presented in the report “2016 Budget and Business Plan – Aboriginal Relations”, dated September 25, 2015, and forward them to the Board Budget Workshop on October 21, 2015, for consideration. PURPOSE To present the 2016 Aboriginal Relations Budget and Business Plan for consideration by the Aboriginal Relations Committee. BACKGROUND All 23 members of the Greater Vancouver Regional District participate in the Aboriginal Relations function that provides support to: corporate-wide initiatives, local government interests in treaty negotiations, and responds to pan-municipal First Nations’ issues. Aboriginal Relations is guided by the Board Strategic Plan, with a focus on the following strategic direction and goal: enhance relationships between Metro Vancouver and other orders of government, First Nations and stakeholders. The Metro Vancouver financial planning process is evolving to include a more formalized focus on the longer term. Beginning with the 2016 process, staff will be creating financial plans that will include a 5-year outlook. While these longer term plans are being developed, in this year of transition, staff will be focusing on the 2016 budget this fall and present the longer term view in the second quarter of 2016. 2016 BUDGET AND BUSINESS PLAN This report is structured to provide the budgetary highlights of Aboriginal Relations functions. The Budget Details (Attachment 1) and the Business Plan (Attachment 2) are provided for the Committee’s consideration. In addition, an organizational chart is attached that shows the department structure of Aboriginal Relations within Legal and Legislative Services (Attachment 3). The 2016 Aboriginal Relations Budget and Business Plan has been prepared to respond to: the strategic direction provided by the Board; active treaty table discussions involving local government interests; and regional district initiatives that involve communication and engagement with Aboriginal communities.

5.1

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Operating Budget Highlights The Aboriginal Relations operating budget is proposed to increase by $2,869 (or 0.8%) in 2016 for a total operating budget of $369,724. This increase is primarily due to labour costs, which will increase by $7,369 (or 2.3%) from 2015 to 2016. Non-labour costs will decrease by $4,500 (or 9.4%) in 2016. The 2016 operating budget includes the following key actions:

• Implementing a corporate communications process for engaging with First Nations on Metro Vancouver projects and initiatives.

• Participating in active treaty table meetings in the region as part of the provincial negotiation teams.

• Completing an annual review/update of Metro Vancouver’s Profile of First Nations. • Hosting an annual event (e.g. workshop) involving staff of First Nation and local government

administrations on a topical issue in local government-First Nation relations. The program has one consulting project anticipated to be undertaken in 2016 to respond to work plan requirements. This will be hosting an annual event involving local governments and First Nations’ elected leaders (e.g. a Community to Community Forum): $21,900. There are no proposed staffing changes for this program. Business Plan Performance Indicators Within the Aboriginal Relations Business Plan, four performance indicators developed are being tracked. These include:

• Number of local government interests represented at treaty tables • Number of special Aboriginal Relations events hosted by Metro Vancouver • Number of bilateral meetings between Metro Vancouver and the nine area First Nations with

lands • Responding to external requests for information or advice related to First Nations and/or

Aboriginal Relations The trend in these performance measures suggest that activities will continue at the same level or increase slightly. The 2016 Budget has been prepared to respond to the growing demands on the service and to track Metro Vancouver’s involvement in Aboriginal Relations. BUDGET APPROVAL PROCESS The proposed 2016 Business Plan and Budget for Aboriginal Relations is presented to the Aboriginal Relations Committee for consideration and endorsement before being forwarded to the Board for consideration. The next steps of the budget process:

• The 2016 Budget and Business Plan for Aboriginal Relations will be presented at the Board Budget Workshop on October 21, 2015.

• The Board will consider adoption of the Budget on October 30, 2015.

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ALTERNATIVES 1. That the Aboriginal Relations Committee endorse the 2016 Aboriginal Relations Budget and

Business Plan as presented in the report “2016 Budget and Business Plan – Aboriginal Relations”, dated September 25, 2015, and forward to the Board Budget Workshop on October 21, 2015 for consideration.

2. That the Aboriginal Relations Committee make recommendations and endorse the 2016 Aboriginal Relations Budget and Business Plan and Budget as amended and forward to the Board Budget Workshop on October 21, 2015 for consideration.

FINANCIAL IMPLICATIONS The 2016 Budget and Business Plan for Aboriginal Relations as presented in Alternative 1 comprises part of the overall Corporate Support costs. The 2016 Aboriginal Relations budget, if approved, will increase by $2,869, representing an increase of 0.8% on expenditures. The 2016 Aboriginal Relations budget of $369,724 supports the operations of all Metro Vancouver Districts and Housing Corporation and is allocated to, and supported by, the revenue sources of each. Under Alternative 2, the Committee may wish to consider recommending amendments to the operating budget. The financial implications of Alternative 2 would affect the requisitions of the other functions. SUMMARY / CONCLUSION As part of the annual budget process for 2016, Business Plans have been prepared to accompany service and Budgets in order to provide Committee and Board members with a high level overview on the role of the service, the total budget, overall staff complement, performance indicators and key actions for the coming year. Within the overall Aboriginal Relations function, operating expenditures as outlined in the 2016 Business Plan are projected to increase by $2,869 (0.8%) over 2015. The increase can be attributed to increasing labour costs. The budget for 2016 has been prepared to respond to direction provided in the Board Strategic Plan, ongoing activity at treaty tables in the region, and increasing communication and engagement activities with Aboriginal communities. Staff recommend endorsing the 2016 Budget and Business Plan as presented under Alternative 1. Attachments: 1. 2016 Aboriginal Relations Operating Budget Detail 2. Aboriginal Relations 2016 Business Plan 3. Organizational Chart for Legal and Legislative Services 11875498

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ATTACHMENT 1

2016 Operating Budget Detail

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LEGAL AND LEGISLATIVE SERVICES Aboriginal Relations

Description of services Aboriginal Relations provides information, advice and support to Metro Vancouver on First Nations’ interests and issues and analyses how such First Nations’ interests and issues may affect corporate programs, processes and projects. Aboriginal Relations also responds to pan-municipal First Nation issues and represents and supports Metro Vancouver local government interests at treaty negotiation tables as well as provincial and federal venues.

The annual budget for this business area for 2016 is $369,724.

Strategic directions supported Board Strategic Plan: • Enhance relationships between Metro Vancouver and other orders of government, First Nations

and stakeholders.

Performance indicators

Indicator Historical and/or industry benchmark

Current performance

2016 performance objective

Number of local government interests represented at treaty table meetings

MV 2-year average (2012-13):

25 2014: 30 30

Number of special Aboriginal Relations events hosted by Metro Vancouver (e.g. Community to Community Forums)

2012: 0 2014: 2 2

Number of bilateral meetings between Metro Vancouver and the nine area First Nations with lands

2012: 6 2014: 9 12

External requests for information or advice related to First Nations and/or Aboriginal Relations

MV 2-year average (2012-13):

40 2014: 40 80

2016 key actions • Implement a corporate communications process for engaging with First Nations on Metro

Vancouver projects and initiatives.• Participate in active treaty table meetings in the region as part of the provincial negotiating

teams.• Complete an annual review/update of Metro Vancouver’s Profile of First Nations.• Host an annual event involving local governments and First Nations’ elected leaders (e.g. a

Community to Community Forum).• Host an annual event (e.g. workshop) involving staff of First Nations and local government on a

topical issue in local government-First Nations relations.

ATTACHMENT 2

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Organizational Chart for Legal and Legislative Services

ATTACHMENT 3

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5.2

To: Aboriginal Relations Committee

From: Ralph G. Hildebrand, General Manager, Legal and Legislative Services/Corporate Solicitor

Date: September 11, 2015 Meeting Date: October 1, 2015

Subject: Manager’s Report

RECOMMENDATION That the Aboriginal Relations Committee receive for information the report dated September 11, 2015, titled “Manager’s Report.”

Aboriginal Relations Committee 2015 Work Plan Attachment 1 of this report sets out the status of the Committee’s Work Plan for 2015. This does not include all items brought before the Committee, but rather priorities previously determined by the Board and Committee.

Of the 22 items listed on the Committee’s Work Plan for 2015, 20 of them have been completed. The two outstanding items include:

• Adopt and implement a corporate-wide First Nations’ communications and engagement processThis item remains in process. A pilot approach has been in practice within the Water Services andLiquid Waste Services for utility projects over the past few years and continues to be refinedbased on court decisions, advice from the federal and provincial Crown, and organizationalexperience. It is anticipated that the pilot approach will be completed by the end of 2015 and willbe presented to the Aboriginal Relations Committee in early 2016.

• Host an event involving staff of First Nations and local government (e.g. to discuss localgovernment-First Nations engagement)A workshop for the Municipal Technical Advisory Committee (MTAC) on Aboriginal Relations isscheduled to take place on Wednesday, December 9, 2015 at 1:30pm on the topic of localgovernment/First Nations engagement, with guest presenters from the Federal and Provincialgovernments, as well as the Resort Municipality of Whistler (to provide a local governmentperspective) and Tsawwassen First Nation (to provide an Aboriginal perspective).

Update on the Additions to Reserve Policy At the last meeting of the Aboriginal Relations Committee on July 22, 2015, Committee members requested a staff report on the Additions to Reserve Policy and other federal initiatives noted in this Manager’s Report.

In January 2014, federal representatives from Aboriginal Affairs and Northern Development Canada (AANDC) had reported to UBCM on concerns heard from local governments during the public comment period. In November 2014, federal staff indicated that this issue was still at the policy review stage. Local governments were also advised, by UBCM, that local governments would not

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likely have an opportunity to comment further on this issue prior to the release of the final policy. No further updates have been provided by AANDC staff, which have advised that, for the foreseeable future, they will be using the existing 2001 Additions to Reserve policy, and that the government is still considering what types of changes will need to be made to the policy at some point in the future.

Update on Bill S-8, The Safe Drinking Water for First Nations Act Since the Act came into force, federal staff have been in contact with UBCM staff regarding local government consultation on regulation development and implementation. UBC staff reports that in Fall 2014, the regulatory development process began on a region-by-region basis, starting with Atlantic Canada, Northwest Territories and Yukon. Although it has yet to be determined when the BC Region will have an opportunity to provide feedback, Aboriginal Affairs and Northern Development Canada (AANDC) staff recently told UBCM staff that it will likely be at least one year. The reason for this lengthy delay is the time it takes to move through the regulatory development process internally within AANDC. Notwithstanding the regulatory process, AANDC will be making efforts to speak with First Nations and other stakeholders in all regions in order to get a more detailed comments. AANDC staff are looking for convenient opportunities to visit each region. Staff will continue to work with UBCM staff, which is monitoring this issue, and will respond to any queries that Metro Vancouver may receive from AANDC or UBCM.

Update on the Comprehensive Land Claims Policy (Eyford Report) The Board considered Metro Vancouver’s draft comments on the Eyford Report at its meeting on July 31, 2015 and instructed staff to forward the comments to the federal minister. A letter has now been sent to the federal minister. A courtesy copy of the correspondence was also sent to the local office of Aboriginal Affairs and Northern Development Canada (AANDC) and UBCM. A delegation from the local office of AANDC was scheduled to brief Metro Vancouver staff and staff from member jurisdictions on various federal government updates at the September meeting of the Municipal Technical Advisory Committee on Aboriginal Relations (MTAC) but later declined citing the current federal election campaign and the sensitivities of federal staff speaking at such fora. Metro Vancouver staff will continue to monitor the progress of this report and provide updates on any new developments.

Update on the First Nations Fiscal Management Act (FNFMA) At the end of July, Metro Vancouver received an e-mail via the Federation of Canadian Municipalities with attached correspondence from the federal Minister of Aboriginal Affairs and Northern Development Canada announcing that Mr. Warren Kinsella has been appointed to provide assessments and recommendations by December 18, 2015 on an approach that would facilitate access to pooled borrowing under the First Nations Fiscal Management Act to self-governing/treaty First Nations.. This legislation that into force in April 2006 and was designed to promote the continued economic development of participating First Nations. First Nations’ institutions established under this Act include: the First Nations Tax Commission (FNTC), the First Nations Financial Management Board (FNFMB), and the First Nations Finance Authority (FNFA). The FNFA issued its inaugural bond of $90 million in June 2014 and added $50 million to it in July 2015 for a total of $140 million. The 25 participating First Nations are using the funds raised by the FNFA to support projects in their communities. Since coming into force, a total of 138 First Nations have opted to use the array of tools afforded by the FNFMA to expand revenue options, improve financial management, and gain access to debenture financing. The Minister’s letter is included for information in this Agenda package under Item 6.2.

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Engagement with Métis In July 2015, the federal Minister of Aboriginal Affairs and Northern Development Canada appointed Tom Isaac as Ministerial Special Representative to lead engagement with Métis organizations. The Ministerial Special representative has a two-part mandate: • to lead exploratory talks with the Métis National Council, its governing members, Métis

Settlements General Council, provincial and territorial governments, other Aboriginal organizations and interested parties

• to engage with the Manitoba Métis Federation to explore ways to advance dialogue onreconciliation with Métis is Manitoba in response to the 2013 Manitoba Métis Federation et al. v. Canada declaratory decision of the Supreme Court of Canada.

The federal government’s goal in this endeavor is to build an effective process for dialogue to support the potential development of a Section 35 Métis Rights Framework.

Hwlitsum First Nation’s Claim In December 2014, Hwlitsum First Nation filed a claim in the Supreme Court of BC to seek the return of key lands and financial compensation for the loss of access to what it claims as its traditional territory. In June 2015, the Federal Court of Canada held several days of hearings to listen to Hwlitsum’s claim. Hwlitsum was seeking an order to engage in fisheries pursuant to their Aboriginal rights to fish year round, including unfettered access to commercial fisheries. Hwlitsum was also seeking damages from the federal government for what it claims is the First Nation’s inability to exercise its fishing rights within its traditional territory. The Federal Court of Canada has dismissed the injunction. Hwlitsum is currently appealing the court’s decision. Appeal hearings will likely take place in the next few months.

An Analysis of the Truth and Reconciliation Commission of Canada Summary Report At its July 22nd meeting, the Aboriginal Relations Committee directed staff to report back at a future meeting, under the Manager’s Report, with an analysis of the summary report from the Truth and Reconciliation Commission of Canada, and recommendations in terms of Metro Vancouver’s role. Included as Attachment 2 of this report is a copy of the analysis and recommended options for the Committee’s consideration.

Attachments: 1. Aboriginal Relations Committee 2015 Work Plan2. BACKGROUNDER: “Analysis of the Truth and Reconciliation Commission of Canada Summary

Report.”

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ATTACHMENT 1

Aboriginal Relations Committee 2015 Work Plan Report Date: September 2, 2015

Priorities 1st Quarter Status Invited Presentation on Working Effectively with Aboriginal Peoples Complete Appoint local government treaty table representatives to the Katzie and Tsleil-Waututh treaty tables

Complete

Appoint a representative to the UBCM First Nations Relations Committee Complete Appoint an observer to the Fraser Valley Aboriginal Relations Committee Complete Invite First Nations to attend or present at Aboriginal Relations Committee meetings in 2014

Complete

Provide updates, as and when available, on federal and provincial legislative initiatives in relation to local government interests (e.g. FNCIDA, Additions-to-Reserve, Bill S-8, The Safe Drinking Water for First Nations Act, Aboriginal Self-Governance, Crown lease renewals, etc.)

Complete

Liaise with UBCM First Nations Relations Committee (with updates as needed or when available)

Complete

Provide quarterly progress reports in treaty negotiations Complete Update Metro Vancouver’s Profile of First Nations Complete 2nd Quarter Status Host an event involving local governments and First Nations’ elected leaders (e.g. a Community-to-Community Forum)

Complete


Complete


Complete

Provide quarterly progress reports in treaty negotiations Complete 3rd Quarter Status Provide updates, as and when available, on federal and provincial legislative initiatives in relation to local government interests (e.g. FNCIDA, Additions-to-Reserve, Bill S-8, The Safe Drinking Water for First Nations Act, Aboriginal Self-Governance, Crown lease renewals, etc.)

Complete


Complete

Provide quarterly progress reports in treaty negotiations Complete 4th Quarter Status Adopt and implement a corporate-wide First Nations’ communications and engagement process

In Process

Host an event involving staff of First Nations and local government (e.g. to discuss local government-First Nations engagement)

In Process

Review the 2016 Aboriginal Relations program budget Complete

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Complete


Complete

Provide quarterly progress reports in treaty negotiations Complete

Notes: • The status of each of the above items represents progress made up to, and including, the date

of the meeting taking place in that quarter.

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ATTACHMENT 2

BACKGROUNDER: Analysis of the Truth and Reconciliation Commission of Canada Summary Report

PURPOSE This Backgrounder provides a brief overview of the Truth and Reconciliation Commission’s (TRC) of Canada1 summary report and includes recommended options for Metro Vancouver and member jurisdictions to contribute to the reconciliation process.

Following the recent release of TRC’s summary report, titled “Honouring the Truth, Reconciling the Future,”2 the Aboriginal Relations Committee, at its July 22, 2015 meeting, passed the following resolution:

That the Aboriginal Relations Committee direct staff to report back at a future meeting, under the Manager’s Report, with an analysis of the summary report from the Truth and Reconciliation Commission of Canada, and recommendations in terms of Metro Vancouver’s role.

BACKGROUND Residential School System in Canada The residential school system existed in Canada from the 1870s until the 1990s. In the 19th century, the Canadian government developed a policy of “aggressive assimilation” calling for Aboriginal children to be taught at church-run, government-funded residential schools. Pursuant to this federal policy, about 150,000 Aboriginal children were taken from their families and sent to residential schools.

According to the TRC summary report, many students were physically, mentally, and sexually abused; some committed suicide or died fleeing their schools. Most children died from malnourishment or disease. Seven generations of Aboriginal children were denied their identity as they were separated from their language, culture, spiritual traditions, and their collective history.

In the Lower Mainland, the St. Paul’s Indian Residential School operated in North Vancouver on the Squamish Nation IR# 1 between 1889 and 1958. Approximately 2,000 children attended the residential school during that time. The last residential schools, St. Michael's Indian Residential School and Gordon Indian Residential School, both located in Saskatchewan, closed in 1996.

To educate the public about Indian Residential Schools and to foster a process for healing between Aboriginal peoples and Canadians, the TRC was established in 2008 under the terms of the Indian Residential School Settlement Agreement.

1 The Truth and Reconciliation Commission of Canada (TRC) is an independent national organization that guides a process of reconciliation with Aboriginal families, communities, churches, government, and Canadians. 2 Honouring the Truth, Reconciling for the Future – Summary of the Final Report of the Truth and Reconciliation Commission of Canada, Truth and Reconciliation Commission of Canada, June 2, 2015.

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http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Exec_Summary_2015_05_31_web_o.pdf


That same year, Prime Minister Stephen Harper made a historic apology to former residential school students, saying that the “policy of assimilation was wrong, has caused great harm, and has no place in our country.”

In 2013, the TRC organized seven National Events across Canada. The BC National Event took place between September 18 and 21, 2013, in Vancouver at the Pacific National Exhibition. A number of events planned for September 2013 by Reconciliation Canada3 coincided with the TRC National Event.

Metro Vancouver’s Involvement in the Reconciliation Process The Metro Vancouver Board received correspondence from the TRC in March 2013 seeking Metro Vancouver’s support to foster reconciliation between Aboriginal and non-Aboriginal peoples in Canada. At the April 11, 2013, meeting of the Intergovernmental and Administration Committee, Marie Wilson, one of the three appointed TRC Commissioners, provided information about the BC National Event and inquired about potential Metro Vancouver’s in-kind contributions for this historic event.

In support of the TRC’s and Reconciliation Canada’s efforts to raise awareness about the residential school system, Metro Vancouver staff participated in the four kilometer “Walk of Reconciliation” through downtown Vancouver on September 22, 2013. Staff also attended some of the forums and witnessed survivors sharing their personal stories during the TRC’s BC National Event for the advancement of reconciliation.

TRC’s Summary Report After six years of hearings and testimony from nearly 7,000 witnesses, the TRC released its summary report on June 2, 2015 titled, “Honouring the Truth, Reconciling the Future.” The Honourable Justice Murray Sinclair, the Commission Chair, presented the findings that included 94 recommendations. The TRC directed several of their ‘Calls to Action’ toward local government.

With the release of the summary report, the TRC concluded a five-year mandate to create awareness about and document the history of the Indian Residential School system as well as guide a process of truth, healing, and reconciliation.

The more than 382-page document consists of four main chapters: commission activities, the history of residential schools, the legacy, and the challenge of reconciliation. The summary report provides some stories from survivors, including tales of children describing abuse and neglect they experienced at residential schools.

The report calls for all levels of government to make changes as to how they interact with Aboriginal peoples. The TRC Chair called for changes in policies and programs demanding that Canada move from “apology to action.”

According to the TRC, the Canadian government pursued the policy of assimilation and cultural genocide4 because “it wished to divest itself of its legal and financial obligations to Aboriginal people

3 Reconciliation Canada is a charitable project based on collaboration between the Indian Residential School Survivors Society and Tides Canada Initiatives Society. 4 Cultural Genocide involves the destruction of political and social institutions of a group, the seizure of their land, the forcible transfer of populations and restriction of their movements, the banning of their language and spiritual practices, the

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and gain control over their land and resources. If every Aboriginal person had been ‘absorbed into the body politic’, there would be no reserves, no Treaties, and no Aboriginal rights.”

Reconciliation is about “establishing and maintaining a mutually respectful relationship”, but “we are not there yet,” states the report. The TRC indicates that, although some progress has been made, significant barriers to reconciliation remain. Instead of moving towards reconciliation, there have been divisive conflicts with the federal government over Aboriginal education, child welfare, and justice. The Commission cites issues ranging from the call by Aboriginal groups for a national inquiry on missing and murdered Aboriginal women and girls to the impact of economic development of lands and resources on treaties and Aboriginal title and rights.

The TRC will release its final report in its entirety in the coming months.

TRC RECOMMENDATIONS Broader Recommendations The 94 recommendations in the TRC summary report aim to “redress the legacy of residential schools and advance the progress of Canadian reconciliation.” The recommendations are non-binding, meaning that the government does not have to act on them. However, the Commission calls upon federal, provincial, territorial, and municipal governments to take immediate steps to implement the recommendations contained in the TRC report.

The TRC calls for action on issues around Aboriginal child welfare, education, language and culture, health, justice, equity for Aboriginal people in the legal system, professional development and training for public servants, missing children and burial information, among others. All TRC’s recommendations are included in the “Calls to Action” document.5

Nearly all of the 94 recommendations fall under the federal jurisdiction. The recommendations fall into 2 primary headings (Legacy and Reconciliation) and 22 subheadings:

LEGACY Child Welfare 1 – 5 Education 6 – 12 Language and Culture 13 – 17 Health 18 – 24 Justice 25 – 42

RECONCILLIATION Canadian Governments and the UN Dec- laration on the Rights of Indigenous People 43 – 44 Royal Proclamation and Covenant of Re-conciliation 44 – 47 Settlement Agreement Parties UN Declaration 48 – 49 Equity for Aboriginal People in the Justice System 50 – 52 National Council for Reconciliation 53 – 56 Professional Development and Training for Public Servants 57

persecution of spiritual leaders and the disruption of families to prevent the transfer of its cultural values and identity to succeeding generations. 5 Truth and Reconciliation Commission of Canada. Calls to Action, 2015.

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http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf

Church Apologies and Reconciliation 58 – 61 Education for Reconciliation 62 – 65 Youth Programs 66 Museums and Archives 67 – 70 Missing Children and Burial Information 71 – 76 National Centre for Truth and Reconciliation 77 – 78 Commemoration 79 – 83 Media and Reconciliation 84 – 86 Sports and Reconciliation 87 – 91 Business and Reconciliation 92 Newcomers to Canada 93 - 94

Local Government-Centered Recommendations The summary report includes several recommendations that focus on the role local governments can play in the reconciliation process. Some of these recommendations include providing cultural competency training; adopting and implementing the United Nations Declaration on the Rights of Indigenous Peoples6 as a framework for reconciliation; collaborating with other orders of government to protect, maintain and commemorate residential school cemeteries; and conducting historic preservation. A full list of the TRC’s recommendations centering on local governments’ collective role can be found in the Appendix of this report.

BC LOCAL GOVERNMENT ACTIVITIES IN SUPPORT OF RECONCILIATION Canada’s Big City Mayors On June 1, 2015, in recognition of the TRCʼs undertaking, the Federation of Canadian Municipalities Big City Mayors’ Caucus released a Statement of Reconciliation.7 In his Statement, Mayor Gregor Robertson, Caucus Chair, acknowledged the traumatic impact of Canada’s Indian Residential Schools. Canada’s big city mayors committed themselves to learning from the lessons of the TRC and ensuring that local governments fully acknowledge the needs and aspirations of Aboriginal peoples in their policies. The Caucus committed to undertaking a new partnership “based on truth, dignity, and mutual respect.”

City of Vancouver The City of Vancouver responded to the TRCʼs recommendations at a June 23, 2015 Council Meeting when Council passed the following motion: • Have staff report to Council on how to move forward with the TRCʼs recommendations, while

being mindful of the Cityʼs jurisdiction;• Request the Cityʼs school board, police department and public library also conduct a review of

the recommendations; and,• That the Cityʼs motion be forwarded to UBCM and FCM to advocate on behalf of local government

to the Province and federal government to provide a response to the recommendations.

Cariboo Regional District The Cariboo Regional District (CRD) has undertaken a number of activities to create a culture of awareness, understanding, and collaboration with First Nation communities. For example:

6 The United Nations Declaration on the Rights of Indigenous Peoples, 2007. 7 Statement of Reconciliation from Canada’s Big City Mayors, Federation of Canadian Municipalities, June 1, 2015.

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http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

http://www.fcm.ca/Documents/letters/Statement_of_Reconciliation_from_Canada%E2%80%99s_Big_City_Mayors_BIL.pdf

• The CRD acknowledged the atrocities of residential schools and worked together with FirstNations to raise awareness of what happened through a Truth and Reconciliation event.

• The CRD worked with First Nations to host the St. Joseph’s Mission commemorative ceremonies.This reconciliation event has evolved into an annual event called “Orange Shirt Day”.8

• The Regional District has also held a series of Community to Community forums with First Nations.

Alberni Clayoquot Regional District The Alberni Clayoquot Regional District (ACRD) has been raising awareness and understanding about Indian Residential Schools through its own Truth and Reconciliation process. The ACRD Board adopted a resolution to embrace reconciliation and to dedicate a section of its website to provide the community with information on what happened in residential schools and the implications for Aboriginal peoples today.

RECOMMENDED OPTIONS FOR METRO VANCOUVER AND MEMBER JURISDICTIONS The TRC’s summary report states that reconciliation is about

establishing and maintaining a mutually respectful relationship between Aboriginal and non-Aboriginal peoples in this country. In order for that to happen, there has to be awareness of the past, acknowledgement of the harm that has been inflicted, atonement for the causes, and action to change behaviour.

The release of the TRC report is an opportunity for Canada, BC, and local governments to work in partnership with First Nations in advancing the process of reconciliation. While some of the options such as those set in TRC recommendations 43 and 47 below involve considerations beyond the scope of this report, Metro Vancouver may wish to consider some of the following recommended options:

Option 1: Liaise with the TRC • Invite a representative from the TRC to a meeting of the Municipal Technical Advisory Committee

on Aboriginal Relations (MTAC) or other relevant committee(s) to provide an overview of thesummary report.

Option 2: Raise Awareness about Indian Residential Schools

• Liaise with Reconciliation Canada to discuss future opportunities to participate in dialogueworkshops, providing participants with an opportunity to discuss issues related to reconciliation,explore Aboriginal history, and the intergenerational impacts of Indian Residential Schools.

• Organize a “Lunch & Learn” session at Metro Vancouver head office to provide staff withinformation on the history of the residential schools system and the mandate of the TRC.

• Publish an article for staff regarding the TRC summary report on the Metro Vancouver Intranetsite.

8 The “Orange Shirt Day” has been inspired by a survivor’s story about her first day at residential school. She was excited to wear a new orange shirt to school only to be stripped of all her clothes and the new shirt given to another child. Her story is now a symbol of defiance against bullying and racism and a commitment to ensure that every child matters.

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Option 3: Provide Cultural Competency Training

• Participate in Cultural Competency Training as part of the initiative currently being coordinatedby the Union of BC Municipalities.9

• Participate in the Provincial Health Services Authority’s online Indigenous Cultural Competency(ICC) training program which is designed to increase knowledge and further develop individualcompetencies. The program covers the following topics: terminology, timeline of historic events,context for understanding social disparities, and aspects of colonial history such as IndianResidential Schools. UBCM will be coordinating a pilot project for local governments in the fall2015.

Option 4: Strengthen Relationships with First Nations • Broaden relationship strengthening activities with area First Nations in support of reconciliation

efforts (e.g. Community-to-Community Forums, special events, forums and gatherings).10

APPENDIX:

1. Honouring the Truth, Reconciling for the Future. Calls for Action – Municipal Governments(selected recommendations).

REFERENCED WEBSITE RESOURCES: 1. Honouring the Truth, Reconciling for the Future – Summary of the Final Report of the Truth and

Reconciliation Commission of Canada, Truth and Reconciliation Commission of Canada, 2015. http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Exec_Summary_2015_05_31_web_o.pdf

2. United Nations Declaration on the Rights of Indigenous Peoples, 2007.http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

3. Truth and Reconciliation Commission of Canada. Calls to Action, 2015.http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf

4. Statement of Reconciliation from Canada’s Big City Mayors, Federation of CanadianMunicipalities, June 1, 2015.http://www.fcm.ca/Documents/letters/Statement_of_Reconciliation_from_Canada%E2%80%99s_Big_City_Mayors_BIL.pdf

9 UBCM has offered to coordinate on an annual basis a local government cohort for the indigenous cultural competency (ICC) training offered through the Provincial Health Services Authority. 10 As an example, Metro Vancouver is currently in discussions to co-host a Lunch and Learn session for its staff, along with presentations from Fraser Basin Council and Squamish Nation on the topic of working with Aboriginals on sustainability initiatives.

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http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf



APPENDIX

Honouring the Truth, Reconciling for the Future CALLS TO ACTION – MUNICIPAL GOVERNMENTS

The United Nations Declaration on the Rights of Indigenous Peoples as a framework for reconciliation 43. We call upon the federal, provincial, and territorial and municipal governments to fully adoptand implement the United Nations Declaration on the Rights of Indigenous Peoples as the framework for reconciliation.

The Royal Proclamation of 1763 and Treaty of Niagara, 1764 47. We call upon the federal, provincial, territorial, and municipal governments to repudiateconcepts used to justify European sovereignty over Indigenous peoples and lands, such as the Doctrine of Discovery and terra nullius, and to reform those laws, government policies, and litigation strategies that continue to rely on such concepts.

Canada’s Apology Professional Development and Training for Public Servants 57. We call upon federal, provincial, territorial and municipal governments to provide education topublic servants on the history of Aboriginal peoples, including the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal -Crown relations. This will required skills-based training in intercultural competency, conflict resolution, human rights, and anti-racism.

Missing children, unmarked graves, residential school cemeteries 75. We call upon the federal government to work with provincial, territorial, and municipalgovernment, churches, Aboriginal communities, former residential school students, and current landowners to develop and implement strategies and procedures for the ongoing identification, documentation, maintenances, commemoration, and protection of residential school cemeteries or other sites at which residential school children were buried. This is to include the provision of appropriate memorial ceremonies and commemorative markers to honour the deceased children.

The limitations of archives National Centre for Truth and Reconciliation 77. We call upon provincial, territorial, municipal, and community archives to work collaborativelywith the National Centre for Truth and Reconciliation to identify and collect copies of all records relevant to the history and legacy of the residential school system, and to provide these to the National Centre for Truth and Reconciliation.

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A Meet-and-Greet Breakfast Gathering

Metro Vancouver’s Aboriginal Relations Committee hosted an informal meet-and-greet

breakfast gathering with area First Nations before its regular meeting on the morning of July 22,

2015.

(L to R: Councillor Charlene Aleck, Tsleil-Waututh Nation and Director Geoff Meggs, Councillor, Vancouver)

“It was the first time that we have organized an event such as this one”, said Marino Piombini,

Supervisor, Aboriginal Relations. “Most of our events, such as Community to Community

Forums, have been co-hosted with First Nations in their communities. This was a good

opportunity for the 2015 Aboriginal Relations Committee to meet some of the chiefs and

councillors from First Nations in the region.”

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(L to R: Hereditary Chief Bill Williams, Squamish Nation; Director John Becker, Mayor, Pitt Meadows;

and Director Lorne Lewis, Sunshine Coast Regional District)

The Metro Vancouver region is home to 11 First Nation organizations with a combined total of

22 Indian Reserves and one treaty territory (Tsawwassen Lands). Representatives from several

First Nation organizations attended the event, including two hereditary chiefs, one elected

chief, several elected councillors, and two senior staff.

(L to R: Hereditary Chief Bill Williams, Squamish Nation and Director John Becker, Mayor, Pitt Meadows)

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The Chair of the Aboriginal Relations Committee, Barbara Steele (Councillor, City of Surrey)

welcomed the guests to Metro Vancouver head office and invited them to stay and observe the

proceedings during the public portion of the Aboriginal Relations Committee meeting.

(L to R: Hereditary Chief Gibby Jacob, Squamish Nation; Ralph Hildebrand, General Manager, Legal and Legislative Services,

Metro Vancouver; and Director Barbara Steele, Councillor, Surrey)

During the public portion of the Aboriginal Relations Committee, Hereditary Chief Gibby Jacob

spoke on behalf of the Squamish Nation about the importance of having good, strong First

Nation-local government relationships. He thanked the Committee members for hosting the

event and appreciated the efforts that Metro Vancouver is making to build and improve

relationships with area First Nations.

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(L to R: Director Nicole Read, Mayor, Maple Ridge and Hereditary Chief Gibby Jacob, Squamish Nation)

The breakfast meeting was also attended by Metro Vancouver Board Chair, Greg Moore; Allan

Neilson, General Manager, Planning, Policy and Environment who was sitting in for Carol

Mason, CAO (who could not attend); and Ralph Hildebrand, General Manager, Legal and

Legislative Services/Corporate Council and Manager of the Aboriginal Relations Committee.

(Clockwise: Director Barbara Steele, Councillor, Surrey; Chair Greg Moore, Mayor, Port Coquitlam; Director Lorne Lewis, Sunshine Coast

Regional District; Director John Becker, Mayor, Pitt Meadows; Director Charlie Fox, Councillor, Township of Langley; Director Nicole Read,

Mayor, Maple Ridge; and Director Geoff Meggs, Councillor, Vancouver)

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Metro Vancouver’s Aboriginal Relations Committee is made up of elected officials from 13

member jurisdictions as well as three non-voting observers from the neighbouring regional

districts of Squamish-Lillooet, Sunshine Coast and Fraser Valley.

(L to R: Director Lorne Lewis, Sunshine Coast Regional District, and Kathleen Callow, senior staff with Squamish Nation)

During the gathering, representatives from the Katzie First Nation noted the number of posters

at head office related to the Stage 3 water restrictions and requested copies. The First Nation

intends to adopt the same regulations at its next Council meeting. Katzie members live on three

of its five reserves within three local government jurisdictions. “Local government bylaws and

regulations don’t apply on Indian Reserves, which are federal lands”, explained Agnes Rosicki,

Senior Policy Analyst. “So having Katzie ask its members to abide by Metro Vancouver’s

regulations is a positive outcome of the breakfast event.”

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(Metro Vancouver waterwise poster)

Kiren Thandi, Program Assistant, who collects and distributes news articles for Aboriginal

Relations staff and the two committees she supports, noted: “Squamish Nation also just

recently adopted Metro Vancouver’s sprinkling regulations for its members living on its Indian

Reserves within this region.”

(L to R: Director Barbara Steele, Councillor, Surrey; Chief Susan Miller, Katzie First Nation;

Director Nicole Read, Mayor, Maple Ridge; and Councillor Mary-Ann Booth, District of West Vancouver)

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At the end of the hour-long breakfast event, the Aboriginal Relations Committee and the

invited First Nations guests had a group photo taken.

(Front row L to R: Debbie Miller, Katzie First Nation; Councillor Jennifer Thomas, Tsleil-Waututh Nation; Chief Bill Williams, Squamish Nation;

Director Ralph Drew, Belcarra; Councillor Gayle Martin, City of Langley; Director Barbara Steele, Surrey; Councillor Jim Hanson, District of North

Vancouver; Councillor Liana Martin, Tsleil-Waututh Nation; Councillor Bonita Zarrillo, Coquitlam; Chief Susan Miller, Katzie First Nation; Director

Nicole Read, Maple Ridge; Councillor Mary-Ann Booth, District of West Vancouver; and Councillor Charlene Aleck, Tsleil-Waututh Nation.

Back row L to R: Kathleen Callow, Squamish Nation; Chair Greg Moore, Port Coquitlam; Director Charlie Fox, Township of Langley; Director Sav

Dhaliwal, Burnaby; Director Geoff Meggs, Vancouver; Chief Gibby Jacob, Squamish Nation; Councillor Travis George, Tsleil-Waututh Nation;

Director John Becker, Pitt Meadows; and Director Lorne Lewis, Sunshine Coast Regional District)

“We’re hoping to have more of these opportunities in the future where elected officials from

local governments and First Nations can meet and engage in some good discussions”, added

Marino, who reminds us that one of the Metro Vancouver Board’s Strategic Directions is to

advance working relationships with First Nations.

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Contributed by Agnes Rosicki, Kiren Thandi, and Marino Piombini in Aboriginal Relations, Legal

and Legislative Services. Photos taken by Nathan Kolke, Web and Design, External Relations.

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update / Summer / Fall 2015

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top story /Treaty Commission in Ottawa to meet with federal officialsEvery year the Treaty Commission goes to Ottawa to meet with various federal departments to advocate for the importance of treaty negotiations, and emphasize the need for interdepartmental cooperation and coordination. This annual trek began a few years ago as a way to build relationships with federal departments other than AANDC, and to bring awareness…

Tsimshian Nations Kitselas and Kitsumkalum sign Agreement in Principle

August 4, 2015 marked an important day for the Kitselas and Kitsumkalum First Nations, British Columbia and Canada. Together they signed the third and fourth Agreements in Principle (AIP) of 2015. “This is a significant milestone on the journey to a Final Agreement for Kitselas and Kitsumkalum,” said Acting Chief Commissioner Celeste Haldane. “Congratulations to both…

Treaty NegotiationsStatus ReportThere are 65 First Nations, representing 200 Indian Act Bands, which are participating in or have completed treaties through the BC treaty negotiations process.

© BC Treaty Commission

Acting Chief Commissioner in placeIt is business as usual for the Treaty Commission, despite the absence of a full-time Chief Commissioner…

Treaty Commission presents nationally on overlapsThe Assembly of First Nations’ (AFN) 36th Annual General Assembly (AGA) was held in Montreal from July 7–9…

Get to know the Treaty Commission’s new CommissionersEarlier this year the Treaty Commission welcomed two new Commissioners Tom Happynook and Francis Frank…

Treaty Commission congratulates parties on Wuikinuxv Agreement in Principle signing

Commissioner Jerry Lampert travelled to Rivers Inlet on July 23, 2015 to witness the signing of the Wuikinuxv Agreement in Principle (AIP). The Treaty Commission congratulates Wuikinuxv, Canada and British Columbia on this important milestone. There are approximately 290 Wuikinuxv members, with traditional territory and waters located around their main community on the north side…

6.3

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http://www.bctreaty.ca



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This annual trek began a few years ago as a way to build relationships with federal departments other than AANDC, and to bring awareness to all of government’s Section 35 commitments to Aboriginal rights.

During the week of June 15 Acting Chief Commissioner Celeste Haldane and Commissioners Jerry Lampert, Tom Happynook and Francis Frank, along with Process Director Mark Smith, Funding Director Dan Gill, and Process Advisor Sashia Leung, participated in four days of meetings.

Commissioners and staff met with senior officials from Aboriginal Affairs and Northern Development Canada (AANDC), the Federal Steering Committee, Central Agencies, the Department of Fisheries and Oceans, Department of National Defense (Infrastructure and Environment), Transport Canada, Natural Resources Canada, Canadian Environment Assessment Agency, and Environment Canada. The Treaty Commission also met with the Minister of AANDC and with the opposition and third party critics for Aboriginal Affairs.

Along with discussions on department specific issues related to treaties in BC, a number of overarching topics on Reconciliation were raised at each meeting. The inde-pendence of the Treaty Commission and its uniqueness as one of the only legally established tripartite bodies whose mandate is Reconciliation was highlighted.

The Treaty Commission reiterated that the negotiation process can lead to a new relationship between First Nations in BC, the federal and provincial governments, as well as with all British Columbians and Canadians. Modern treaties will create significant economic benefits for BC. When a First Nation prospers the whole region prospers. This is achieved through fairly negotiated and honourably implemented treaties.

The Treaty Commission’s mandate includes public information and education, and these annual meetings in Ottawa are an important outreach strategy within that mandate. This has become one way to bring attention to the importance of the treaty negotiations process in BC, and awareness of the role that all departments play in fulfilling Canada’s Section 35 obligations. The Treaty Commission will be initiating a similar outreach initiative with the provincial government and MLAs who may not be aware of the importance of the BC negotiations process to British Columbia.


top story /Treaty Commission in Ottawa to meet with federal officialsEvery year the Treaty Commission goes to Ottawa to meet with various federal departments to advocate for the importance of treaty negotiations, and emphasize the need for interdepartmental cooperation and coordination.

Commissioners and Staff in front of the Peace Tower on Parliament Hill after meeting with a minister. L-R: Process Advisor Sashia Leung, Commissioner Jerry Lampert, Commissioner Francis Frank, Director of Process Mark Smith, Acting Chief Commissioner Celeste Haldane, Director of Funding Dan Gill and Commissioner Tom Happynook.

Director of Funding Dan Gill, Process Advisor Sashia Leung and Commissioner Francis Frank debriefing after a meeting on Parliament Hill.

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Treaty Commission presents nationally on overlapsThe Assembly of First Nations’ (AFN) 36th Annual General Assembly (AGA) was held in Montreal from July 7–9. This year’s theme was Closing the Gap: Building Nations, Asserting Sovereignty.

The Treaty Commission presented on a panel titled Administrative Boards and Tribunals. The discussion was focused on administrative law, including First Nations overlapping territories. BCTC joined Richard Saunders, Chairman of the Cree-Naskapi Commission in Quebec, and Alisa Lombard from the Specific Claims Tribunal Canada.

Director of Process Mark Smith spoke on resolving over-laps as part of Nation Building. The Treaty Commission’s 2014 Annual Report, which focused on Recommendation 8

from the 1991 Report of the British Columbia Claims Task Force: “First Nations resolve issues related to overlapping traditional territories among themselves”, provided the backdrop to this presentation. In this special annual report interviews were featured with former chief commissioners, mediation experts, and First Nations to provide a range of perspectives on the issue. A key theme in each interview was the need for a more structured framework for supporting First Nations in resolving overlaps.

This panel was an excellent opportunity to bring national attention to overlaps and shared territory issues. These issues exist for First Nations across the country, and the AFN AGA was a good venue to have a conversation about best practices. By sharing knowledge and past experi-ences, First Nations can support each other in resolving overlaps between themselves.

The Treaty Commission is encouraged by the conver-sations that occurred during the panel and hopes to continue to participate in the discussion at future AFN meetings.

It is business as usual for the Treaty Commission, despite the absence of a full-time Chief Commissioner.

The Treaty Commission legislation states that, in the absence of a Chief

Commissioner, the four remaining Commissioners “may designate, by unanimous agreement, one of them to act as chief commissioner during the absence”. The Treaty Commission is the only legally established tripartite organization in the country whose core mandate is Reconciliation, and its legislated foundation enables it to continue this important work even when the Principals cannot reach agreement.

BCTC is pleased to confirm that Celeste Haldane has been named Acting Chief Commissioner.

“It is a honour to serve as Acting Chief Commissioner. I look forward to providing continuity to the organization as well as ensuring the Commission carries out its independent mandate to facilitate treaty negotiations and Reconciliation in the Province of British Columbia,” said Haldane.

Celeste was elected by the First Nations Summit to a third two-year term in February 2015. She is a member of the Sparrow family from the Musqueam Indian Band and is Tsimshian through Metlakatla. She and her husband Conrad have three children and one grandson.

Acting Chief Commissioner in place

Director of Process Mark Smith presenting on overlapping territory issues.

The Treaty Commission’s 2014 Annual Report can be read online at www.bctreaty.ca.

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Treaty Commission congratulates parties on Wuikinuxv Agreement in Principle signing

Commissioner Jerry Lampert travelled to Rivers Inlet on July 23, 2015 to witness the signing of the Wuikinuxv Agreement in Principle (AIP). The Treaty Commission congratulates Wuikinuxv, Canada and British Columbia on this important milestone.

There are approximately 290 Wuikinuxv members, with traditional territory and waters located around their main community on the north side of Wannock River, between Owikeno Lake and the head of Rivers Inlet on BC’s mid-coast.

The signing means Wuikinuxv Nation officially entered Stage 5 of the BC treaty negotiations process. Wuikinuxv Nation, the federal government and the provincial government initialled their AIP in December 2012. Wuikinuxv ratified it in July 2013.

The signed Wuikinuxv Agreement in Principle can be found on our website: www.bctreaty.ca For information on the first AIP signing of 2015, read Update Spring 2015.

“This is the second AIP signing this year, demonstrating the tangible progress that is being made in the treaty negotiations process. The Treaty Commission commends the hard work of the parties in achieving this important step towards a Final Agreement,” said Acting Chief Commissioner Celeste Haldane.

Paul Willie conducts AIP Signing Ceremony. Head table guests include BC Minister of Aboriginal Relations and Reconciliation John Rustad and Federal Parliamentary Secretary for AANDC Mark Strahl.

AIP signing by Wuikinuxv Chief Negotiator Alexander Chartrand and Chief Rose Hanuse Hackett witnessed by Wuikinuxv Elders and Leaders.

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http://www.bctreaty.ca/files/pdf_documents/BCTC-ENews-Spring2015.pdf


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Tsimshian Nations Kitselas and Kitsumkalum sign Agreements in PrincipleAugust 4, 2015 marked an important day for the Kitselas and Kitsumkalum First Nations, British Columbia and Canada. Together they signed the third and fourth Agreements in Principle (AIP) of 2015.

“This is a significant milestone on the journey to a Final Agreement for Kitselas and Kitsumkalum,” said Acting Chief Commissioner Celeste Haldane.

“Congratulations to both Nations for receiving strong community support for their Agreements in Principle.”

Commissioner Tom Happynook was in Kitselas and Kitsumkalum to witness the signings and celebrate with the three parties.

Kitselas ratified their AIP in February 2013 and Kitsumkalum in April of the same year. Both AIPs cover numerous topics, including governance, taxation and resources. Since the completion of the AIPs, the parties have continued their nego-tiations towards their Final Agreements, and are aiming to conclude within two years.

Kitselas and Kitsumkalum are two of the five Tsimshian First Nations, which total approxi-mately 3,460 members. Kitselas has a popula-tion of approximately 635, and Kitsumkalum

has about 740 citizens. Their core lands and waters are located in the Terrace area.

The two Nations now join In-SHUCK-ch, K’ómoks, Lheidli T’enneh, Te’Mexw, Wuikinuxv and Yekooche in Stage 5 of the BC negotiations process, which is the last stage leading to the completion of a modern treaty. Collectively they represent thirteen Indian Act Bands that are negotiating Final Agreements.

The signed Kitselas and Kitsumkalum Agreements in Principle can be found on our website: www.bctreaty.ca

Commissioner Tom Happynook, Director of Process Mark Smith, Kitsumkalum Chief Don Roberts and Process Advisor Sashia Leung at the Kitsumkalum AIP signing.

Left is Kitselas Chief Joe Bevan and right is Kitselas Negotiator and Elder Mel Bevan holding up the signed AIP.

Minister John Rustad, Kitsumkalum Chief Don Roberts, and Kitsumkalum Negotiator and Hereditary Chief Alex Bolton.

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Get to know the Treaty Commission’s new Commissioners

Tom Happynook from Huu-ay-aht First Nations

1. Why did you want to become a Commissioner?I wanted to become a Commissioner because I have spent 23 years, from 1992–2015, working through all of the stages of the BC treaty process, including implementation of Huu-ay-aht’s modern treaty for four years. When the opportunity was presented to work with the Treaty Commission as a Commissioner, I felt strongly that this was a natural step for me to take to bring the experience I have gained to the treaty tables that I have been assigned.

2. How have you found the first few months as a Commissioner?I have loved my first few months. The work is exciting and engaging. I have a lot of hope for the First Nations in British Columbia who are engaged in the treaty negotiations process because once you have a treaty, you have created a new relationship with the government of Canada and the province of British Columbia. Getting rid of the Indian Act is such an important part of First Nation’s futures in BC.

3. What have been some highlights?One of the highlights for me was attending the Te’Mexw Agreement in Principle signing in Victoria in April. It was great to see some old friends and to celebrate with them. In my view, the AIP is a difficult stage because it can create a stumbling block for Nations if they don’t understand that the AIP is not the treaty, and that the treaty is negotiated in Stage 5, with the Final Agreement.

4. What are you most looking forward to?In the next year and a half I am looking forward to working with the tables I have been assigned and helping them to move forward step-by-step, clause-by-clause, towards a treaty.

5. Anything else you would like to share with the readers?I strongly believe that the Treaty Commission still has an important role to play in the treaty negotiations in BC. At the Maa-nulth treaty negotiations, the BCTC’s Director of Process at that time, Peter Colenbrander, was instrumental as Chair of our negotiations in making sure we kept moving forward. Huu-ay-aht also really appreciated being able to access the expertise and knowledge of the BCTC.

We can’t lose that. Having access to an independent body is vital, in terms of transparency and accountability. It needs to continue into the future.

I believe strongly that BCTC made a significant contribution to the success of Maa-nulth getting their Final Agreement. This is the approach that I want to bring to my assigned treaty tables.

Earlier this year the Treaty Commission welcomed two new Commissioners. In February the province appointed Tom Happynook from Huu-ay-aht First Nations and the First Nations Summit delegates elected Francis Frank from Tla-o-qui-aht First Nations. To learn more about our newest Commissioners, Tom and Francis answered a few questions about their work and what they are looking forward to contributing to BCTC.

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Francis Frank from Tla-o-qui-aht First Nations

1. Why did you want to become a Commissioner?I thought of the many ancestors, past leaders (hereditary and elected), and past and present elders. They believed in the fight for improving First Nations communities through the expansion of land, expansion of control over resources and expansion of jurisdiction and authorities over all that impacts and affects our peoples’ lives. Many of those people believed the route forward was modern day treaty making and, notwithstanding the decision taken by my own community, I saw the Treaty Commission as my opportunity to help other communities advance what their Chiefs, people and communities believe will improve their lives and conditions.

2. How have you found the first few months as a Commissioner?Finding a balance has been the most challenging issue in the first few months because of my role as an elected representative on our First Nations’ Council. It has also been quite eventful with the political developments at the Provincial and Federal levels and the direct bearing it has on what we do at the Treaty Commission.

3. What have been some highlights?The highlight clearly has been meeting the different people and players at each table. Being surrounded at the BCTC office by high

quality, professional and good people also has made the transition to Commissioner enjoyable.

4. What are you most looking forward to?Being directly involved in more table negotiations and get-ting to know the people working at each table. I’m looking forward to assisting my tables in achieving nurturing and long lasting agreements that contribute to Nations help-ing themselves rebuild their communities.

5. Anything else you would like to share with the readers?It is my hope that people, whether First Nation or not, come to realize that treaty-making is only one piece to the puzzle. It’s imperative that we all appreciate that with-out that missing piece, the puzzle remains incomplete and the shape of that missing piece is fundamentally important to completing the puzzle. All parties play a very important role in deciding the shape and completion of the puzzle through direction, instruction and mandates provided to the respective teams.

BC Business selected former Chief Commissioner Sophie Pierre as one of their 50 most influential women in BC.

In their June 2015 issue, BC Business selected fifty women from a range of BC industries, including public

sector, non-profit, natural resource, health, technology, finance and professional services.

Sophie was recognized for her influence as a longtime First Nations leader in BC and a “driving force in building bridges with the provincial government”. She was also acknowledged for holding the Principals accountable to the negotiations, and taking them to task when needed.

Amongst those on the list along with Sophie are Wendy Grant-John from Musqueam First Nation, Green Party Leader and MP Elizabeth May, BC Premier and MLA Christy Clark, and BC Hydro President and CEO Jessica McDonald.

Former Chief Commissioner Sophie Pierre makes Influential Women list

get to know the treaty commission’s new commissioners! Continued from page 6

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Celeste Haldane attends the Governor General’s Canadian Leadership Conference

Acting Chief Commissioner Celeste Haldane was selected to attend this year’s prestigious Governor General’s Canadian Leadership Conference (GGCLC). The GGCLC happens every four years, with the goal to strengthen the skills of Canada’s future leaders. Celeste was one of 250 participants to attend the conference. This year had the largest number of Aboriginal participants to date.

The conference was held from May 22 to June 5 with the theme Leadership and Innovation. After an opening plenary in St. John’s, Newfoundland, participants went on study tours. The delegates were divided into sixteen

study groups representing the provinces and territories of Canada. Each team then travelled throughout their designated region learning more about leadership initiatives and innovations within that province.

Celeste was on Team New

Brunswick. Her team was made up of people with wide-ranging backgrounds such as police services, energy and mining, environmental, labour unions, education, government, Armed Forces, and non-profits.

The team spent 10 days on tour, in meetings and attending information sessions across New Brunswick. Included in her team’s study tour were visits to Government House, the Legislature, the Atlantic Cancer Research Institute, the Canadian Forces Base in Gagetown, post secondary institutions, Irving Oil, and Greener Village, a community based food centre.

“The GGCLC was transformational both personally and professionally. I was able to meet amazing people and discuss new ideas and perspectives, as well as understand the value in sharing personal experiences. Equally important was being able to learn more about the East Coast of Canada, to find out first hand their unique circumstances. I now have a deeper appreciation for the diverse population of the country,” Celeste said about the experience.

Team New Brunswick also explored issues relevant to British Columbia when they learned about collaborative efforts between stakeholders, government and First Nations to protect and restore wild Atlantic salmon.

For more information on the GGCLC visit their website at www.leadershipcanada.ca

Celeste meets the Governor General, the Right Honourable David Johnston.

All GGCLC delegates outside of Rideau Hall in Ottawa for the closing plenary.

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BCTC’s first photo contest! Best of BCTC InstagramEarlier this summer the Treaty Commission held its first photo contest. Nations in advanced treaty negotiations were asked to submit photos showcas-ing their communities and traditional territories. The photos are now included in a photo bank that BCTC will use for publications, web and social media.

Commissioners Jerry Lampert and Tom Happynook ran-domly drew the winners. First prize was an iPhone and went to Tina Ryan from Metlakatla First Nation. Second prize was a Nikon camera and was awarded to the Kaska Dena Council. Keep an eye on our Facebook and Instagram pages for more photo contests in the coming months!

Are you following BC Treaty Commission on Instagram and Facebook?

1st place photo — Tina Ryan and her daughter cleaning fish in Metlakatla.

Tina Ryan from Metlakatla after she heard she won an iPhone.

First Nations Summit Task Group member Robert Phillips joins Commissioner Tom Happynook at the Kitselas AIP signing in Gitaus.

#TBT from a 1992 press conference. The late Chief Joe Mathias holds up the Treaty Commission Act while then BC Premier Mike Harcourt and Minister of Aboriginal Affairs Andrew Petter look on.

Youth from Wuikinuxv Nation at the AIP signing in July.

Acting Chief Commissioner Celeste Haldane and Process Advisor Sashia Leung at the Ottawa head office of the Assembly of First Nations.

Ktunaxa Nation at St. Eugene’s, a former residential school turned golf course and casino.

Director of Process Mark Smith snapped this photo while in Smithers attending meetings with the Wet’suwet’en Hereditary Chiefs.

L-R: Commissioner Jerry Lampert draws the 1st place winner. Commissioner Tom Happynook draws the 2nd place winner.

Kaska Dena staff excited for their new camera! L-R: George Miller, KDC Chair, Melanie Miller, KDC receptionist, and Betty Shepherd, Acting Vice-Chair of Finance.2nd place photo — Kaska Dena territory.

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Status Reportfirst nations in active negotiations (22)Acho Dene Koe First Nation Allied Tribes of Lax Kw’alaams Council of the Haida Nation Da’naxda’xw/Awaetlala Nation Esk’etemc First Nation Gitanyow Hereditary Chiefs Gitxsan Hereditary Chiefs Haisla Nation Homalco Indian BandHul’qumi’num Treaty Group Kaska Dena Council Klahoose First Nation Laich-Kwil-Tach Council of Chiefs Lake Babine Nation Stó:lo- Xwexwilmexw Treaty Association Taku River Tlingit First Nation Tlatlasikwala Nation Tlowitsis First Nation Tsay Keh Dene Band Tsimshian First Nations* [Gitga’at, Kitasoo/XaiXais] Tsleil-Waututh Nation Wei Wai Kum and Kwiakah First Nations Wet’suwet’en Hereditary Chiefs

first nations not currently negotiating a treaty (20)Carcross/Tagish First Nation Carrier Sekani Tribal Council Champagne and Aishihik First NationsCheslatta Carrier Nation Heiltsuk Nation Hupacasath First Nation Hwlitsum First Nation

Kwakiutl Nation Liard First Nation McLeod Lake Indian Band Musqueam Nation Nazko First NationNuu-chah-nulth Tribal Council Quatsino First Nation Ross River Dena Council Sechelt Indian Band Snuneymuxw First NationSquamish Nation Teslin Tlingit Council Westbank First Nation

about the bc treaty commissionThe Treaty Commission is the independent body responsible for overseeing treaty negotiations among the governments of Canada, BC and First Nations in BC. It has three roles: facilitation, funding First Nations, and province-wide public information and education.

contact us at t 604 482 9200 f 604 482 9222 toll free 1 855 482 9200 700 – 1111 Melville St Vancouver BC Canada v6e 3v6

[email protected] www.bctreaty.ca

like us on facebook www.facebook.com/bctreaty

watch us on youtube www.youtube.com/user/BCTreatyInformation

first nations implementing treaty agreements (6)Maa-nulth First Nations [Huu-ay-aht, Ka:’yu:’k’t’h’/Che:k’tles7et’h’, Toquaht, Uchucklesaht, Ucluelet]Tsawwassen First Nation

first nations with completed final agreements (2)Tla’amin Nation [effective date April 2016]Yale First Nation [effective date April 2016]

first nations with completed agreements not ratified (3)Lheidli T’enneh First Nation [Final Agreement]’Na-mg- is Nation [Agreement in Principle]Tla-o-qui-aht First Nations [Agreement in Principle]

first nations in final agreement negotiations or completed agreements in principle (6)In-SHUCK-ch Nation K’ómoks First Nation Te’mexw Treaty AssociationTsimshian First Nations* [Kitselas and Kitsumkalum] Wuikinuxv Nation Yekooche First Nation

first nations in advanced agreement in principle negotiations (6)Ditidaht First NationPacheedaht First Nation Gwa’Sala-’Nakwaxda’xw Nation Katzie Indian Band Ktunaxa Kinbasket Treaty Council Northern Shuswap Tribal Council Tsimshian First Nations* [Metlakatla] *Tsimshian is counted as one First Nation, but has communities in various stages

There are 65 First Nations, representing 105 Indian Act Bands out of a total of 200 Indian Act Bands in BC, which are participating in or have completed treaties through the BC treaty negotiations process. Active or completed negotiations involve 45 First Nations, representing 81 Indian Act Bands, totalling 40% of all Indian Act Bands in BC.

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British Columbia – First Nations

Proposed Commitment Document

2015

To: First Nations Leaders and Members of the BC Cabinet

Over a year has passed since the historic Tsilhqot’in decision by the Supreme Court of

Canada, and we are now about to hold the 2nd Annual BC Cabinet-First Nations Leaders

Gathering to bring our respective leadership together to engage in common issues before

us. We also celebrate the 10th anniversary of the New Relationship vision document that

the Province and First Nations reached in 2005.

Today, we find ourselves with new circumstances and new opportunities informing this

relationship. We are experiencing changes on the landscape of social issues, lands and

resources, the economy, technology and case law such as the Tsilhqot’in decision. The

Tsilhqot’in decision confirms that we must revitalize our efforts to build new relations

grounded in the recognition of Aboriginal title and rights.

Over the past year, our shared understanding has deepened that change is needed and the

status quo cannot continue. The future of our children, families, the environment and the

economy depend on it.

Concrete action, and new and creative approaches, at all levels is required – in direct

government-to-government relationships, negotiations, policies and laws, fiscal relations

and decision-making.

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To help move this fundamental change forward, the First Nations Leadership Council and

the Province have developed a proposed Commitment Document setting out a proposed

joint agenda and action plan for significant work to be done.

We are seeking your review, input and guidance on the Commitment Document and

confirmation that it represents appropriate courses of action required to guide our mutual

work.

The Commitment Document will be presented at the September 8th – 10th BC Cabinet–First

Nations Leaders Gathering and will be the subject of follow-up dialogue and approvals

through our respective processes.

If the direction proposed is supported, the work will begin in earnest, with a robust process

of engaging First Nations and a commitment to inclusivity and transparency.

This is not intended to be a long, drawn-out process. It is meant to be about real action and

change, in real and tangible ways, that will set us collectively on course to a revitalized

relationship and a positive future grounded in recognition of Aboriginal title and rights, and

reconciliation of our respective titles and jurisdiction.

Sincerely,

John Rustad

Minister of Aboriginal Relations and Reconciliation

First Nations Leadership Council

Grand Chief Stewart Phillip Chief Bob Chamberlin Chief Judy Wilson Union of BC Indian Chiefs Union of BC Indian Chiefs Union of BC Indian Chiefs

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Grand Chief Edward John Cheryl Casimer Robert Phillips First Nations Summit First Nations Summit First Nations Summit

Regional Chief Shane Gottfriedson BC Assembly of First Nations

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We are all here to stay.

These are the words spoken by the Supreme Court of Canada in 1997, and the starting

words of our mutual acknowledgement in the New Relationship vision document,

developed in 2005.

Ten years later, we find ourselves with new circumstances and new opportunities

informing this relationship. We are experiencing changes on the landscape of social issues,

lands and resources, the economy, technology and case law such as the Tsilhqot’in decision.

Over the past 10 years, we have experienced both successes and challenges. Many strong

relationships have been built between the Province and First Nations through agreements

and community initiatives, which have supported First Nations to strengthen their

communities and culture and have led to partnerships in economic development. However,

there is still much work to be done. We have yet to come to a common understanding of

what it means to engage in a government-to-government relationship based on recognition

of Aboriginal title and rights as is evidenced by our different perspectives on the Four

Principles which were presented by Chiefs to the Province for endorsement at the inaugural

September 2014 BC Cabinet-First Nations Gathering.

Maintaining the status quo is not an option. Acknowledging our challenges and building on

our successes from the past 10 years, it is critical that we find a way forward with real and

concrete actions so we can together build a bright future for our children.

Commitment

We remain committed to a “government-to-government relationship based on respect,

recognition and accommodation of Aboriginal title and rights” and to the “reconciliation of

Aboriginal and Crown titles and jurisdictions”, as we agreed in the New Relationship.

Reconciliation of pre-existing Aboriginal societies with the assertion of Crown sovereignty

is an imperative set out in Section 35 of the Constitution Act, 1982. The Section 35

framework permits a principled reconciliation of Aboriginal rights with the interests of all

Canadians. The courts have provided some guidance on how to advance reconciliation, but

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have encouraged the Crown governments and First Nations to work out the details of

advancing reconciliation on the ground. Aboriginals and non-Aboriginal people are all here

to stay and must, of necessity, move forward in a process of reconciliation.

We commit to jointly design a creative, constructive, pragmatic and organized approach to

giving life to the Section 35 framework in British Columbia.

Reconciliation is a journey. There is a multitude of ways to express what reconciliation

means, and how it may be achieved through ongoing processes. The following are examples

of the many articulations and dimensions of reconciliation:

“Reconciliation requires constructive action on addressing the ongoing legacies of

colonialism that have had destructive impacts on Aboriginal peoples’ education,

cultures and languages, health, child welfare, the administration of justice, and

economic opportunities and prosperity.” (Truth and Reconciliation Commission,

2015)

“Reconciliation must create a more equitable and inclusive society by closing the gaps

in social, health, and economic outcomes that exist between Aboriginal and non-

Aboriginal Canadians.” (Truth and Reconciliation Commission, 2015)

“Convinced that the recognition of the rights of indigenous peoples in this Declaration

will enhance harmonious and cooperative relations between the State and indigenous

peoples, based on principles of justice, democracy, respect for human rights, non-

discrimination and good faith…” (UNDRIP)

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“As Delgamuukw explains, the process of reconciling Aboriginal interests with the

broader interests of society as a whole is the raison d’être of the principle of

justification. Aboriginals and non-Aboriginals are “all here to stay” and must of

necessity move forward in a process of reconciliation (para. 186).” (SCC, Tsilhqot’in,

para. 82)

“What is at stake is nothing less than justice for the Aboriginal group and its

descendants, and the reconciliation between the group and broader society.” (SCC,

Tsilhqot’in, para. 23)

We acknowledge there is a need for – and commit to jointly developing, advancing and

implementing – additional concrete actions and creative approaches that better reflect our

circumstances today, and which support reconciliation and this government-to-government

relationship.

The process used to shape and develop our work moving forward must be inclusive, open,

transparent and timely. Specifically, it is proposed that the engagement process:

must provide for effective and informed input from First Nations leaders and

communities;

will engage all levels of the BC Government;

will include business, industry and advocacy groups; and

will include the Government of Canada.

Joint Agenda: Core Elements of the Work

The Province and the First Nations Leadership Council (BC Assembly of First Nations, First

Nations Summit and Union of BC Indian Chiefs) (the “FNLC”) have developed the following

proposed joint agenda and action plan for advancing the Crown-First Nation relationship in

British Columbia, and to come up with a principled framework for reconciliation, including

concrete actions, measures and steps, in a manner that is appropriate for a post-Tsilhqot’in

environment.

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It is envisioned that this work will achieve a principled and substantive approach to

reconciliation that will include:

1. Vision

A joint updated vision for the Crown-First Nation relationship in British Columbia, which

builds from New Relationship, in the context of social issues, lands and resources and the

economy. The vision may also reflect on the role of the Government of Canada.

2. Guiding principles

Guiding principles for reconciliation, building from those set out in the New Relationship. It

is anticipated this will include or reflect principles about the relationship and reconciliation

as articulated by the courts, as well as principles agreed to in political accords to date in BC

between the Province and First Nations (e.g. Tsawwassen Accord, Transformative Change

Accord).

3. Goals and objectives

Mutual and respective goals and objectives for reconciliation, and associated actions,

measures and steps. It is anticipated these would include achieving predictability and

stability in the economy, and closing the socio-economic gap that persists between First

Nations and non-First Nations.

4. Partnerships and Cultural Understandings

Measures to build partnerships and strengthen cultural understandings between First

Nations and the Crown, as well as with others (e.g. industry). The objective of advancing and

achieving reconciliation is not an issue limited to the Crown and First Nations. It is an

imperative of society as a whole and there are many potential partners to help successfully

achieve this objective.

5. Processes and structures

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Action with regard to:

a. Identifying and establishing new institutions, processes, and structures to

support or facilitate reconciliation efforts;

b. Designing new negotiation and dispute resolution approaches;

c. Supporting First Nations capacity and governance development; and

d. Determining and advancing strategies and actions to ensure the Government

of Canada fulfills the federal Crown’s obligations.

6. Systemic Supports: Legislation, Policy and Other Options

Concrete legislative, policy or other options and ideas for facilitating and supporting an

improved and constructive relationship. These may initially focus on key legislation or

policies that have given rise to conflict in the relationship (e.g. environmental assessment,

online mineral staking). It is anticipated that options will include a process for improved

and effective engagement on the development of new legislation and policies, or reform of

existing ones.

Themes to Address

The work will require dialogue about a number of key themes, including:

Reconciliation and Recognition – Aboriginal rights and title exists in British

Columbia. First Nations, the Province and Canada must find ways to reconcile our

respective jurisdictions, governance, laws and responsibilities.

Strengthening the Economy – Having a strong and resilient economy is a shared

interest and is critical to our mutual success. First Nations must be full partners in

economic development and growth.

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Lands and Resources – Aboriginal people have a unique connection to the land and

resources in British Columbia, and sustainable resource development is a key

component of British Columbia’s economy. Collaborative environmental

stewardship can ensure our lands and resources are used sustainably and into the

future.

Social and Economic Gaps – Closing the social and economic gap between Aboriginal

peoples and other British Columbians to achieve healthy and strong Aboriginal

communities is a shared objective and priority.

Advancing Successful Negotiations – Negotiation offers a path to collaboration and

finding creative ways to address our respective interests, and the preferable path to

reconciliation.

In addressing these themes, the work should reflect upon and consider lessons learned

since 2005, including:

progress and opportunities that have been made;

a frank assessment of what has and has not worked;

the implications, challenges, and opportunities for implementing the principles and

standards of Tsilhqot’in across British Columbia, including recognizing the proper

Title and Rights holders;

the respective work that First Nations and Crown governments must do to effect a

transformation in relations; and

reflect on strengths and how to address gaps in the relationships.

Acknowledging that a large body of work already exists and should be built upon moving

forward, the work should consider relevant materials including the following:

New Relationship Vision;

Transformative Change Accord;

The Supreme Court of Canada’s decision in Tsilhqot’in and other jurisprudence;

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The Four Principles developed by First Nations Chiefs in 2014;

The strategic objectives of the Premier and Cabinet;

The United Nations Declaration on the Rights of Indigenous Peoples;

Truth and Reconciliation Commission Report;

Recognition Working Group materials;

Recognition and Reconciliation legislative initiative;

All Chiefs Task Force Report (2009);

Materials developed by the Union of BC Indian Chiefs, First Nations Summit, and BC

Assembly of First Nations that inform the development of a reconciliation

framework, and movement to a post-Tsilhqot’in environment;

Royal Commission on Aboriginal Peoples Report;

First Nations Leadership Council report on shared territories and overlaps;

Industry and business reports and publications;

Government reports and publications.

Proposed Implementation & Engagement Process

The implementation of this joint agenda will be overseen by the Members of the Provincial

Cabinet and the FNLC.

A Joint Core Working Group will be established to undertake this work in accordance with

this proposed commitment document.

We recognize that meaningful engagement and information sharing will be critical in

making progress in the coming year. We commit to developing a joint engagement

workplan that is based on an inclusive, open, transparent and timely process.

First Nations Engagement

The FNLC proposes the following processes for First Nations engagement:

Two All Chiefs Assemblies, in addition to regularly scheduled BCAFN, UBCIC and

FNS assemblies;

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Team/working group to present in any Nation;

Regional sessions; and

Legal advisory team (to which any First Nation can send a representative).

BC Government Engagement

The Premier and Cabinet provide the policy direction of Government and will be informed

by:

Policy and legal working group to include and encourage advice from cross-

government; and

Premier’s office involvement and linkage to core working group.

The following components are engagement pieces that will be approached jointly:

Business and Industry Engagement

The engagement process will create diverse opportunities for outreach and engagement

with business and industry. Engagement with business and industry will occur through

existing associations and groups including Business Council of British Columbia, sector

associations such as Clean Energy BC, Mining Association of BC, AME-BC, COFI, etc.

Engagement may take a variety of forms including dialogue sessions, presentations, written,

etc., and may be joint or bilateral.

Federal Government Engagement

The Federal Government has a critical role to play in reconciliation and engaging on a

Nation-to-Nation basis with BC First Nations. The FNLC and Province of BC agree that it’s

important to jointly approach the Federal Government and ensure the Federal Government

fulfills the federal Crown’s obligations.

Public Awareness and Other Stakeholders

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We jointly agree there will be other relevant stakeholders such as social service agencies

that may want input and information regarding this work. This will be considered as part of

the overall engagement workplan.

Consideration will be given to finding ways to raise public awareness and understanding of

the unique and important nature of the relationship between First Nations and the

Provincial Crown.

Decision-Making and Reporting Out

The proposed commitment to action now forms the agenda for the coming year between

First Nations Leadership Council and the Province. It is proposed that the Province be

represented by members of the BC Cabinet. This will include an annual meeting on progress

to include the Premier.

A formal report out will occur at the next annual BC Cabinet-First Nations Leaders

Gathering.

The Province commits to resourcing the joint work and engagement process.

A proposed engagement and reporting structure is attached.

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MEMBERS OF PROVINCIAL

CABINET

FIRST NATIONS LEADERSHIP

COUNCIL

JOINT CORE WORKING GROUP

SOCIAL SERVICE OTHER

RELEVANT ENTITIES

FEDERAL GOVERNMENT

BUSINESS INDUSTRY

POLICY & LEGAL

CHIEF ASSEMBLIES

LEGAL ADVISORY

TEAM/WORKING GROUP

REGIONAL SESSIONS

Reporting out at AllChiefs Gathering 2016

Annual progressmeeting with Premier

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Harper Government supports economic development at Tsawwassen First Nation Development of Tsawwassen First Nation’s Industrial Park could generate 1,300 jobs and spin-off businesses July 31, 2015 – Tsawwassen, BC – Aboriginal Affairs and Northern Development Canada

Today, the Honourable Kerry-Lynne D. Findlay, P.C., Q.C., MP for Delta—Richmond East and Minister of National Revenue, on behalf of the Honourable Bernard Valcourt, Minister of Aboriginal Affairs and Northern Development, announced $1.7 million in funding to support the construction of a drainage pump station at Tsawwassen First Nation’s (TFN) industrial park.

Through the development of the 135 hectare industrial park (Tsawwassen Gateway Logistics Centre), TFN has the potential to create approximately 1,300 construction jobs and 10 new spin-off businesses over the next three years.

Quick facts • On April 3, 2009, Tsawwassen First Nation became a Treaty First Nation under

the terms of the Tsawwassen First Nation Final Agreement.• Tsawwassen First Nation launched Tsawwassen Gateway Logistics Centre on

June 21, 2010.• The Government’s funding is from the Community Opportunity Readiness

Program, which provides project-based funding to First Nation and Inuitcommunities for a range of activities to support communities’ pursuit of economicopportunities and leverage private sector resources necessary to realize the fullpotential of these opportunities.

Quotes "Improving the lives of Aboriginal people and their families is one of our Government's priorities. That is why we are proud to invest in projects like this one at Tsawwassen First Nation. Our Government is delivering results for Canadians and supporting measures that will help create jobs and opportunities for Aboriginal people."

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Bernard Valcourt, Minister of Aboriginal Affairs and Northern Development

"I would like to commend the Tsawwassen First Nation (TFN) for their leadership in creating a sustainable economy for their community and its members. Through the development of its industrial park, TFN will generate revenues and create jobs and business opportunities not only for its members, but the local economy."

Kerry-Lynne D. Findlay, Minister of National Revenue

"TFN is very pleased to be the recipient of a grant under the Community Opportunity Readiness Program. This program is intended to help communities prepare for economic development on Tsawwassen Lands. TFN is investing over $100 million into the necessary servicing infrastructure to support our Land Use Plan, including sustainable development of commercial, residential, and industrial properties, as we build our revenue base to support a culturally, economically, and socially healthy community. This contribution of $1.7 million demonstrates Canada’s commitment to support partnerships between First Nations and private sector investment, which is key to Canada’s continued growth and prosperity."

Bryce Williams, Chief, Tsawwassen First Nation

Associated links • TFN Economic Development Corporation• Community Opportunity Readiness• Tsawwassen First Nation Web Page

Contacts Emily Hillstrom Press Secretary Office of the Minister of Aboriginal Affairs and Northern Development 819-997-0002

Media Relations Aboriginal Affairs and Northern Development Canada 819-953-1160

Follow us on Twitter: @AANDCanada

ARC - 62

http://www.tfnedc.com/development/industrial-lands/

http://www.aadnc-aandc.gc.ca/eng/1100100033414/1100100033415

http://tsawwassenfirstnation.com/

https://twitter.com/AANDCanada

metrovancouverSERVICES AND SOLUTIONS FOR A LIVABLE REGION

Office of the ChoirTel. 604 432-6215 Fax 604 451-6614

SEP 1 82075 File: CR-12-O1

Mr. Gary Macisaac, Executive DirectorUnion of BC MunicipalitiesSuite 60— 10551 Shellbridge WayRichmond, BC V6X 2W9

Dear Mr. Macisaac:

Re: Katzie First Nation’s Invitation and Request for a Letter of Support to Secure PartialFunding to Host Two Community to Community Forums

We are writing to seek your support for the Union of BC Municipalities to contribute fundingtowards two Katzie First Nation Community to Community Forums. Katzie First Nation recentlysubmitted an application to the Union of BC Municipalities to secure partial funding to host thesetwo Forums for the purpose of developing an Eco-Cultural Restoration Plan for its traditionalterritory.

At its regular meeting on July 31, 2015, the Greater Vancouver Regional District Board of Directorsunanimously adopted the following resolution:

That the GVRD Board:a) accept Katzie First Nation’s invitation to attend two Community to Community Forums

as per the report, dated July 7, 2015, titled “Katzie First Nation’s Invitation and Requestfor a Letter of Support to Secure Partial Funding to Host Two Community to CommunityForums”; and

b) forward a letter of support to the Union of BC Municipalities for Katzie’s request tosecure partialfunding for hosting the two forums.

We have attached a copy of the Board’s report for your reference.

The Metro Vancouver Board supports this initiative and the planning work being undertaken byKatzie First Nation for this funding proposal and values our working relationship with Katzie FirstNation. Metro Vancouver, as an organization, understands that part of Katzie’s planning workinvolves dialogue and relationship building with several partners and stakeholders including MetroVancouver, and our organization looks forward to taking part in these Community to CommunityForums, which will permit Metro Vancouver to provide input into the Eco-Cultural Restoration Planthat Katzie develops.

4330 Kingsway, Burnaby, BC, Canada V5H 4G8 • 604-432-6200 . www.metrovancouver.org

Greater Vancouver Regional District • Greater Vancouver Water District • Greater Vancouver Sewerage and Drainage District • Metro Vancouver Housing Corporation

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Mr. Gary Macisaac, Executive Director, Union of British Columbia MunicipalitiesKatzie First Nation’s Invitation and Request for a Letter of Support to Secure Partial Funding to Host Two Community to

Community ForumsPage2of2

We look forward to your favourable consideration of this request.

Yours truly,

CC: Debbie Miller, Chief Negotiator, Katzie First Nation

End: Report - dated July 7, 2015, “Katzie First Nation’s Invitation and Request for a Letter of Supportto Secure Partial Funding to Host Two Community to Community Forums” (11569884)

Chair, Metro Vancouver Board

GM/RGH/mp

11742411

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metrovancouverSERVICES AND SOLUTIONS FOR A LIVABLE REGION

Office of the Chair

Tel, 604 432-6215 Fax 604 451-6614

SEP 1 82015 File: CR-12-01

The Honourable Bernard ValcourtMinister of Aboriginal Affairs and Northern Development CanadaThe House of CommonsOttawa, Ontario K1A 0A6

Dear Minister Valcourt:

Re: An Analysis of a New Direction Report on the Renewed Federal Comprehensive Land

Claims Policy in Relation to Local Government Interests

I am writing to inform you that at its July 31, 2015 regular meeting, the Greater Vancouver RegionalDistrict Board of Directors unanimously adopted the following resolution:

That the GVRD Board:a) write a letter to the federal Minister of Aboriginal Affairs and Northern Development

Canada to convey Metro Vancouver’s dismay and disappointment with the lack ofrecognition of local government and local government interests included in the reportdated June 29, 2015, titled “An Analysis of A New Direction Report on the RenewedFederal Comprehensive Land Claims Policy in Relation to Local Government lnterests’

b) request that the federal government include local government in the federalgovernment’s policy review process; and

c) write a letter to member jurisdictions requesting they endorse Metro Vancouver’s reportand convey their responses directly to the federal Minister of Aboriginal Affairs andNorthern Development Canada.

A copy of the Board’s report is attached for your review.

The Board expresses its concerns that the contents of Metro Vancouver’s submission to Mr. DougEyford were not referenced or addressed in his report.

When the Chair of Metro Vancouver’s Aboriginal Relations Committee and staff met with Mr.Eyford and staff from Aboriginal Affairs and Northern Development Canada on October 24, 2014 atthe offices of the Union of BC Municipalities in Richmond, BC to discuss the earlier federal report,titled Renewing the Comprehensive Land Claims Policy: Towards a Framework for AddressingSection 35 Aboriginal Rights, Mr. Eyford assured us that comments would be taken into account aspart of his final submission to you.

Given that the points raised by local governments in Metro Vancouver’s letter to the Union of BC

Municipalities, dated October 17, 2014 (Attachment 2 of the enclosure), did not form part of Mr.

4330 Kingsway, Burnaby, BC, Canada V5H 4G8 • 604-432-6200 www.metrovancouver.org

_______

Greater Vancouver Regional District Greater Vancouver Water District • Greater Vancouver Sewerage and Drainage District • Metro Vancouver Housing Corporation

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ARC - 65

The Honourable Bernard Valcourt, Minister, Aboriginal Affairs and Northern Development CanadaAn Analysis of A New Direction Report on the Renewed Federal Comprehensive Land Claims Policy in Relation to Local

Government InterestsPage 2 of 2

Eyford’s report, we are respectfully sending you our complete submission for your review andconsideration.

Local governments, as members of the provincial treaty negotiation teams, have a strong interest incontinuing to dialogue with other orders of government about any significant changes to the BCTreaty Process and federal and provincial negotiation mandates.

Mr. Eyford’s report is of concern to local governments because it regards local governments as thirdparties and special interest groups, not as the elected governments of their constituencies. Thislack of recognition is particularly disappointing as local governments have been strong supportersof the timely and effective conclusion of treaty negotiations in BC since the inception of the BCTreaty Process more than 20 years ago.

Further, the Board’s report underscores the concern that moving away from the current approachin treaty negotiations in favour of non-treaty agreements could have serious financial implicationsfor local governments as unresolved outstanding Aboriginal rights and titled issues have thepotential to affect local government land use planning decisions, land acquisitions, projectcompletion schedules and investment opportunities in local communities. Treaties, on the otherhand, are intended to achieve finality and certainty with respect to ownership and use of lands andresources, enabling BC communities to move toward economic and social sustainability.

For these reasons, the GVRD Board believes it is critically important that the federal governmentinclude local governments in your Department’s land claims policy review process.

I look forward to the earliest opportunity to speak to you or your representatives on this matter.

GM/RGH/mp

End: Report — dated July 22, 2015, “An Analysis of A New Direction Report on the Renewed FederalComprehensive Land Claims Policy in Relation to Local Government Interest” (11261766)

Yours truly,

Greg MooreChair, Metro Vancouver Board

11744472

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~ metrovancouver ~ SERVICES AND SOLUTIONS FOR A LIVABLE REGION

Office of the Chair Tel. 604 432-6215 Fax 604 451-6614

SEP 1 B 2015

Mayor <First Name> <Last Name> and Members of Council <Municipality> <Street Address> <City>, BC <Postal Code>

Dear Mayor <Last Name> and Council:

File: CR-12-01

Re: An Analysis of a New Direction Report on the Renewed Federal Comprehensive Land Claims Policy in Relation to Local Government Interests

At its meeting on July 31, 2015, the Greater Vancouver Regional District Board of Directors unanimously adopted the following resolution:

That the GVRD Board: a) write a letter to the federal Minister of Aboriginal Affairs and Northern Development

Canada to convey Metro Vancouver's dismay and disappointment with the lack of recognition of local government and local government interests included in the report, dated June 29, 2015, titled "An Analysis of A New Direction Report on the Renewed Federal Comprehensive Land Claims Policy in Relation to Local Government Interests",

b) request that the federal government include local government in the federal government's policy review process; and

c) write a letter to member jurisdictions requesting they endorse Metro Vancouver's report and convey their responses directly to the federal Minister of Aboriginal Affairs and Northern Development Canada.

A copy of the Board's report is attached for your information and action.

As part of the resolution, the Board is recommending that member jurisdictions endorse Metr'o Vancouver's report and convey your responses directly to the federal Minister of Aboriginal Affairs and Northern Development Canada:

The Honourable Bernard Valcourt Minister of Aboriginal Affairs and Northern Development Canada The House of Commons Ottawa, Ontario K1A OA6

Metro Vancouver's submission to Minister Valcourt, including a conveyance letter and copy of the report and attachments, are included for your reference.

4330 Kingsway, Burnaby, BC, Canada VSH 4GB • 604-432-6200 • www.metrovancouver.org ------------------------------------- ----Greater Vancouver Regional District • Greater Vancouver Water District • Greater Vancouver Sewerage and Drainage District • Metro Vancouver Housing Corporation

6.8

ARC - 67

Mayor <Last Name> and Members of Council An Analysis of A New Direction Report on the Renewed Federal Comprehensive land Claims Policy in Relation to local

Government Interests Page 2 of 2

It is important for member jurisdictions to write to the Minister to express concerns that local governments and local government interests were not identified or referenced in the report, "A New Direction", authored by Mr. Doug Eyford, and that the federal government needs to include local governments in the federal government's policy review of the land claims process.

Moreover, moving away from the current approach in treaty negotiations towards non-treaty agreements where local governments are not involved in the negotiation process, poses significant financial implications for local governments. Unresolved Aboriginal rights and title issues have the potential to affect local government land use planning decisions, land acquisitions, project completion schedules and investment opportunities. Treaties, on the other hand, are intended to achieve finality and certainty with respect to ownership and use of lands and resources, enabling BC local communities to move toward economic and social sustainability.

Please send me a courtesy copy of your correspondence to Minister Valcourt so that Metro Vancouver staff can track this issue and engage the regional offices of Aboriginal Affairs and Northern Development Canada during the federal election campaign when the Minister may be unavailable to provide a direct response.

In the meantime, if you or your staff have any questions about Metro Vancouver's submission, feel free to contact Mr. Marino Piombini, Supervisor, Aboriginal Relations, Metro Vancouver at 604-432-6388; [email protected]

Yours truly,

.__._ooA.,Juo-"-' e Chair, Metro Vancouver Board

GM/RGH/mp

Encl: Letter- dated September 17, 2015, "An Analysis of a New Direction Report on the Renewed Federal Comprehensive Land Claims Policy in Relation to Local Government Interests" (11744472)

11743982

Report- dated July 22, 2015, "An Analysis of A New Direction Report on the Renewed Federal Comprehensive Land Claims Policy in Relation to Local Government Interest" (11261766)

ARC - 68

! First Name I

I Title last Name

I

Municipality Municipality Address 1 I I I

Mayor Wayne Baldwin City of White Rock 15322 Buena Vista Avenue

Mayor John Becker City of Pitt Meadows 12007 Harris Road

Mayor Malcolm Brodie City of Richmond 6911 No. 3 Road

Mayor Karl Buhr Village of Lions Bay 400 Centre Road

Mayor Mike Clay City of Port Moody 100 Newport Drive

Mayor Derek Corrigan City of Burnaby 4949 Canada Way

Mayor Jonathan Cote City of New Westminster 511 Royal Avenue

Mayor Ralph Drew Village of Belcarra 4084 Bedwell Bay Road

Mayor Jack Froese Township of Langley 20338 65 Avenue

Director Maria Harris Electoral Area A 4330 Kingsway

Mayor Linda Hepner City of Surrey 13450- 104 Avenue

Mayor Lois Jackson Corporation of Delta 4500 Clarence Taylor Crescent

Mayor John McEwen Village of Anmore 2697 Sunnyside Road

Mayor Greg Moore City of Port Coquitlam 2580 Shaughnessy Street

Mayor Darrell Mussatto City of North Vancouver 141 West 14th Street

Mayor Nicole Read City of Maple Ridge 11995 Haney Place

Mayor Gregor Robertson City of Vancouver 453 West 12th Avenue

Mayor Ted Schaffer City of Langley 20399 Douglas Crescent

Mayor Murray Skeels Bowen Island Municipality 981 Artisan Lane

Mayor Michael Smith District of West Vancouver 750- 17th Street

Mayor Richard Stewart City of Coquitlam 3000 Guildford Way

Mayor Richard Walton District of North Vancouver 355 West Queens Road

Chief Bryce Williams Tsawwassen First Nation 1926 Tsawwassen Drive

ARC - 69

pgoingo

Text Box

UBCM Renews MOU with MARR Sep 21, 2015

The 2015 UBCM pre-conference workshop “Moving Forward with First Nations” focused on agreements and partnerships. To open the session, John Rustad, Minister of Aboriginal Relations & Reconciliation; UBCM President Sav Dhaliwal, and First Nations Relations Committee Chair Murry Krause formally renewed the MOU on Local Government Participation in the New Relationship with First Nations.

The MOU is a three-year agreement that recognizes local governments as a unique interest in negotiations with First Nations, and acknowledges local governments as respected advisors to the Province. It also represents a joint commitment by both parties to ongoing consultation and information sharing.

“This agreement ensures fulsome engagement and dialogue as we continue to walk this path together”, commented President Dhaliwal, as he addressed the over 200 delegates in attendance at the session.

MOU implementation will be a topic of discussion at an upcoming MARR/UBCM Joint Staff Working Group meeting.

The text of the MOU is the following:

This Memorandum of Understanding (MOU) replaces three previously signed MOUs and two supporting Protocol Agreements which dealt with local government participation in treaty negotiations and other activities under the Province’s New Relationship with First Nations, and reflects the spirit and intent of those commitments.

THE PARTIES:

The parties to this MOU are:

• The Province of British Columbia (the Province) as represented by the Ministry of Aboriginal Relations andReconciliation (MARR); and

• The Union of British Columbia Municipalities (UBCM) representing all municipalities and regional districts of BritishColumbia, as well as several post-treaty First Nations.

WHEREAS:

The Parties agree that court decisions have resulted in changes to the way the Crown consults with First Nations with respect to decisions made by the Crown that have the potential to impact Aboriginal rights and title.

The Parties acknowledge that the Province and B.C. First Nations organizations are working together to develop new government-to-government relationships to improve the process of decision-making as it relates to land, resources, social, and economic development.

The Parties recognize that local government jurisdictions may be affected by the negotiation of land, resource and economic development agreements with First Nations. The Parties accept that local government constitutes a unique and special interest in the negotiation of a range of agreements with First Nations including modern treaties and non-treaty land, resource and economic development arrangements.

The Parties acknowledge that local governments endeavour to develop positive working relationships with First Nations neighbours, fostering relationships built on the principles of honesty and respect. This MOU encourages local governments and First Nations to communicate and inform each other about matters of mutual interest.

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ARC - 70

THEREFORE:

This MOU reflects the development of the relationship between the Parties in response to the evolution of the treaty process and progress made since the New Relationship vision document was developed in 2005, as well as subsequent legal developments. It defines a renewed commitment by the Parties to:

• continue a process for local government participation in the negotiation and implementation of treaties;• consult and exchange information with local governments on other agreements outside the B.C. treaty process; and• consult on matters of mutual interest including those matters that will impact local government jurisdiction.

TOPICS

The Province will share information, consider local government interests and seek advice on matters affecting local government jurisdiction including but not limited to the following:

• Land management and land use planning• Land selection• Dispute resolution• Property taxation• Environmental assessment and protection• Local government access to resources for public purposes and access to adjacent lands• Servicing arrangements• Regulatory arrangements• Governmental relations• Economic development• Reconciliation efforts and initiatives

CONSULTATION AND INFORMATION SHARING PRINCIPLES

The Parties agree to the following principles governing consultation and information sharing:

• flexibility for local government to identify and represent their interests in a way that they consider appropriate to theirlocal circumstances;

• early notice to local government of a matter that may affect local government jurisdiction;• sufficient information early on and reasonable time for local government to document their interests and views and to

provide advice to provincial negotiators and/or provincial representatives;• due consideration of local government interests, views and advice;• a response from provincial negotiators/representatives on how local government advice was used; and• ongoing information exchange between the Province and local government.

DEFINITIONS

The following definitions cover the types of agreements referred to in this MOU:

Treaty: a comprehensive agreement negotiated among B.C., Canada and a First Nation under the B.C. Treaty Commission process that is a full and formal expression of reconciliation between First Nations and the Crown.

Treaty Related Measure (TRM): a temporary arrangement negotiated by B.C., Canada and a First Nation at a negotiation table that is tied directly to treaty topics under negotiation. They are cost-shared between Canada and the Province.

Incremental Treaty Agreement (ITA): a legally- binding, longer term arrangement negotiated at a treaty negotiation table.

An ITA permits the parties to conclude agreements on topics typically addressed under treaty negotiations and to implement the agreement in advance of a final treaty.

ARC - 71

Other Agreements: refers to social, land, resource or economic development agreements negotiated between a First Nation and the Province outside the B.C. treaty process that have the potential to impact local government.

ROLES AND RESPONSIBILITIES RESPECTING TREATY NEGOTIATIONS, TREATY-RELATED MEASURES, INCREMENTAL TREATY AGREEMENTS, AND TREATY INTERIM MEASURES

The Province

Structure: The Chief Negotiator leads the provincial negotiating team in all aspects of the negotiations and provides direction to all team members.

Information: Provincial negotiators will, in a timely manner, provide their local government representative with table-specific agendas, work plans, documents for discussion and other relevant information.

Consultation: Provincial negotiators will consult and exchange information in a timely manner with potentially impacted local governments on issues considered important by either the Province or the local government, according to the consultation principles stated in this MOU.

Side Tables: Where the local government and First Nation agree, the provincial negotiators will undertake to establish a side table or working group for local government and the First Nation to negotiate and come to agreement on issues related to the future local government-First Nation relationship. The provincial negotiators will give full and fair consideration to results produced and agreements reached by these tables.

Low Activity Tables: Where the level of activity at a treaty table is low, the provincial negotiators will keep local government representatives informed of any developments at the table through regular information updates and exchanges.

Local Government

Role: Local government representatives are members and respected advisors on provincial treaty negotiation teams until a negotiation is concluded and the treaty takes effect.

Treaty Implementation: Prior to the effective date, local government and the Province will discuss local government involvement in treaty implementation and make every effort to come to an agreement that identifies the significant issues of interest to local government and how local government will be involved/informed during the implementation of these issues.

On the effective date, the First Nation and neighbouring local governments will deal directly with each other.

Local governments and the First Nation will work together to develop and build their relationship.

Attendance: Local government representatives will have the opportunity to attend treaty-related discussions and negotiations including main tables, side tables, working groups and bilateral meetings.

Interests: Local government representatives are responsible for defining and representing their interests in matters related to negotiations and for sharing these interests and other relevant information with the provincial negotiating team.

Providing advice: Local government representatives will engage in discussions and contribute advice on all matters concerning the future local government-First Nation relationship, including engagement on overall treaty process changes.

Structure: Within the area defined by a First Nation’s Statement of Intent, local governments will collectively determine how they will be organized to participate in a negotiation – e.g. as an alternate local government structure – and will advise the appropriate provincial negotiator of their chosen structure as well as the primary contact(s).

Involvement: Based on their interests and the level of activity at the specific treaty table, local governments may determine the level to which they wish to be involved ranging from receiving information to participation at meetings and providing advice.

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Confidentiality: Participating local government representatives are subject to any and all confidentiality rules and practices that apply to a negotiation. They may, after consultation with the lead provincial negotiator, share confidential information with their respective councils and regional district boards, other local governments, and with UBCM on an in-camera basis.

ROLES AND RESPONSIBILITIES RESPECTING OTHER AGREEMENTS

The Province

The Province will initiate contact with a local government when:

• an agreement with a First Nation on a matter relating to land, resources or economic development will be negotiated;and

• the outcome of negotiations will affect the local government’s jurisdiction, operations or provision of services.

The Province will consult and exchange information in a timely manner with the local government according to the consultation and information sharing principles stated in this MOU.

The Province and the local government will jointly determine the level of the local government’s involvement ranging from receiving information to participation at meetings and providing advice.

Local Government

Local governments will serve as respected advisors to the Province in negotiations that affect their interests.

Based on their interests and the level of activity of a negotiation, local governments and the Province will jointly determine the level of involvement ranging from receiving information to participation at meetings and providing advice.

Local governments are responsible for defining and sharing their interests and other relevant information with the Province, and will advise the Province how their interests may be addressed.

Local government representatives are subject to any and all confidentiality rules and practices that apply to a negotiation. They may, after consultation with the Province, share confidential information with their respective councils and regional district boards, other local governments, or local government structures, and with UBCM on an in-camera basis.

COMMUNICATION BETWEEN THE PROVINCE AND THE UBCM

The Province will share information with UBCM and/or a body designated by the UBCM on the Province’s approaches to the development of non-treaty initiatives under the New Relationship. The Parties will work together on identifying the appropriate avenues for this information sharing to ensure clear, and full understanding of the processes and activities underway.

The Province will provide UBCM with:

• a list of all concluded agreements with First Nations updated semi-annually; and• a current list of provincial government contacts updated semi-annually.

UBCM will monitor the progress of provincial notification and consultation with local governments on relevant agreements with First Nations.

REVIEW

This MOU will be reviewed three years from the date of signing unless the Parties jointly agree to an earlier review.

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