SELF-GOVERNMENT AND TREATIES

Chapter 13

• a principal goal of First Nations is self-determination

o regain control of their lives and landso self-government is key component

different forms of governing being pursued

MODELS OF SELF-GOVERNMENT• 1996 Report of the Royal Commission

on Aboriginal Peoples (RCAP) acknowledged self-determination as basic right for First Nationso includes self-government

1. right to govern themselves in way they determine

2. having a say in how resources in traditional territories are used

3. derive economic benefit from resources

4. make improvements in economic, social, and cultural conditions in communities

o Cdn Constitution recognizes inherent right to self-government

• more than one way to self-governmento varying needs and circumstances of bando RCAP described 3 different models

1. Nation Government Modela) based on identified group of people with traditional land base,

controlling local governance of their territoriesb) would have a constitution stating beliefs, values, areas of responsibilities, and who can be a citizenc) jurisdiction over lands and responsibility for its membersd) Land as important issue and usually basis for identity of group

2. Public Government Model• all people who live in certain region (not just First Nations)• authority over everyone within boundaries• incorporates First Nations cultural values and practices throughout its jurisdiction• example: Nunavut – band and local municipal governments merge

3. Community of Interest Model• more limited type of government

o used where people come from different First Nations groups but have common needs and interests

• join voluntarily for specific responsibilities rather than all-encompassing government• land is less of an issue

o diverse backgrounds, multiple traditional territorieso suit those in cities not usually having access to self-government

• two groups as vanguard of making self-government happeno Sechelt Indian Band – unique form of local governmento Nisga’a Nation – Nisga’a Lisims Government

THE TREATY PROCESS• for over 125 years, First Nations

people seeking treaties to recognize title and lands

• first step was Constitution Act 1982o recognized and affirmed “existing

Aboriginal and treaty rights”o 1986, federal government agreed

to negotiate treaties under existing policies

BC still not recognize Aboriginal rights or treaties

o 1989 BC finally agreed to deal with Aboriginal issues

formed Ministry of Aboriginal Affairs

now Ministry of Community, Aboriginal, and Women’s Services

• BC Treaty Commission (BCTC) formed in 1992o agreement between federal government, BC government and First Nations Summit (members represent majority of First Nations in BC)o 1993, BC government and Summit approved treaty negotiations o 1995 federal government officially recognized BCTC

• Tripartite (3 party) meetings heldo representatives from federal government, BC government, and First Nationso discuss what will be included in final treatyo a First Nation is a group which representing an Aboriginal group within their traditional territory and has the approval of its constituents to negotiate

Summit group is an umbrella group bringing all nations participating in negotiations together treaty negotiations are government-to-government

o 3 types of First Nations governing bodies1. traditional governance based on hereditary leadership or traditional

system2. individual band established under Indian Act3. tribal councils – bands together within traditional territories of on First

Nation most common

o negotiations involve hundreds of meetings among the representatives of the 3 parties

Creating a Treaty: Steps and Process

THE CREATION OF THE NISGA’A LISIMS GOVERNMENT

• never gave up struggle for sovereignty of own lando took over 115 years to

achieveo finally saw self-government

in 2000• long journey and many

obstacleso Frank Calder ran in

provincial election 1949 President of Nisga’a Land

Committeeo Nisga’a land claims to court

in 1976 (Calder Case) under federal

comprehensive claims policy

o negotiations took nearly 25 years

o stayed outside of BC Treaty Commission in 1990s making progress on own treaty had opposition from public and some Nisga’a people – giving up too much widely supported by most Nisga’a people and passed through BC government, federal government and Senate

o royal assent 2000 first modern day treaty in BC first treaty since Treaty 8 in 1899

• what did they gain?o primarily self-governmento full control of a portion of their traditional territories

2,019 square kmo financial compensation for the rest of their lands

cash settlement - $196.1 million to be paid out over 15 years

o other features $37.5 million paid for lost revenues from forest resources support for initiatives in managing fisheries and forestry resources

ALTERNATIVES TO THE TREATY PROCESS

• some nations not joined in treaty process or opted outo looking for other options

in reaching settlements• Interior Nations Alliance

composed of 6 nationso collectively support each

other in developing alternative process that would not involve extinguishing Aboriginal title for reduced treaty rights

DIRECT ACTION

• throughout history protested peacefully and with dignityo attempted to meet with

politicians on nation-to-nation basis

• however, anger and frustration with the persistent struggle has resulted in some groups taking direct actiono usually in form of blockading

a road or access routeo public demonstration by

blockading logging road, public highway or railway track

o resolve of all members of the community demonstrates undying commitment

• Native Youth Movement emerged as strong militant voice for land claims and other issues

o developed in Vancouver in 1990s by young urban Aboriginals o 1997 occupation of the BCTC offices

30 Aboriginal youth spent 2 days and a night in the office, protesting lack of representation by youth in treaty process

o supported Secwepemc Nation in protest at Sun Peaks ski resort helping to protect Aboriginal title

THE 2002 PROVINCIAL REFERENDUM• 2001 Liberal government

promised to hold referendum on treaty negotiation process

• not supported by First Nations• referendum cost $9 million and

put treaty process on hold• First Nations organizations

rejected idea of referendum and wording of questions put to publico Hupacasath Nation filed

motion before Supreme Court of BC to have language of referendum declared unconstitutional

court dismissed the case

• less than 36% of the voting population respondedo First Nations organizations actively boycotted the referendum

• despite low voter response, Premier Gordon Campbell called referendum a milestone in treaty-making in BC

o of voters who sent in ballots, majority in favour of province’s questionso government said this was an overwhelming support for its statements of principles for conducting treaty negotiations

?? but do these results truly represent the majority ??