B.C. Aboriginal Relations Minister John Rustad signs agreement in principle with five Vancouver Island First Nations April 9. It establishes land and cash settlement

Treaty cash cow may dry up

Some B.C. Treaty Commission negotiations are making slow progress, while others have seen little or no movement

VICTORIA – The B.C. Treaty Commission and its federal and provincial financiers put on a brave show last week, celebrating a “milestone” in negotiations for a modern treaty with five Vancouver Island First Nations.

A regional group representing the Songhees, Beecher Bay, T’Souke, Malahat and Snaw-Naw-As (Nanoose) First Nations have reached the “agreement in principle” stage of negotiations with Canada and B.C., after 20 years of treaty talks.

This is similar to the treaty finalized in 2007 with another five-member Vancouver Island group called Maa-Nulth Nations. The Te’mexw Treaty Association agreed to accept 1,565 hectares of provincial Crown land and $142 million in federal cash to settle its historic aboriginal title.

Alas, agreement in principle is but the fourth of sixth stages. Now a platoon of lawyers takes over from the roomful of negotiators to produce the final legal text. It will be years before this treaty can be presented to the B.C. legislature and the House of Commons in Ottawa, if it ever is.

These elaborate ceremonies will never be viewed the same again after the release of federal treaty advisor Doug Eyford’s report last month. The Te’mexw event seemed to have an extra urgency after Eyford’s observation that much of this costly activity has become a job creation program for those involved.

These Vancouver Island communities deserve credit for setting aside their own territorial disputes. It’s more than most have done. Eyford concluded after a long summer of meetings last year that many treaty negotiation teams in this province and across the country show no such inclination.

In B.C. and elsewhere in Canada, there is a “conspicuous lack of urgency in negotiations” and “sharp divisions” between parties, most of which have been at the table for a decade or more, Eyford found.

This is what has come to be known as the “aboriginal industry,” where lawyers and consultants have a seemingly endless supply of lucrative work, much of it of questionable value. For some aboriginal participants, attending treaty meetings year after year is the best paying job they have ever had.

Indeed, a common feature of the province’s dealings with aboriginal communities is that their leaders demand meetings, and then demand to be paid to attend them.

This latest Vancouver Island treaty, assuming it is ever finalized, would at least in part replace the Douglas Treaties, signed by B.C.’s colonial governor James Douglas in the 1850s.

These treaties around Fort Victoria were quickly concluded if nothing else. The Beecher Bay Band was paid 45 pounds, 10 shillings for most of Sooke and another 43 pounds and change for its Metchosin territory.

One of the biggest missing pieces in the latest agreement in principle is the share of federally-regulated fisheries. This has been a theme of B.C. Treaty Commission reports in recent years, as Ottawa holds up treaties for years because it is unable or unwilling to offer shares of salmon in particular.

Hunting and fishing rights are acknowledged even in historic treaties, and reaffirmed by the Charter of Rights and Freedoms. Sharing these rights while maintaining conservation of fish stocks has been more than Ottawa, and in some cases neighbouring aboriginal communities, have been able to manage.

Eyford’s findings, and the B.C. government’s sudden refusal to keep staffing a B.C. Treaty Commission that shows so little progress, have sent one overdue message.

If participants aren’t prepared to make real compromises and show a willingness to conclude agreements rather than drag them out, they should leave and come back when they are ready to do so.

Tom Fletcher is legislature reporter and columnist for Black Press. Twitter: @tomfletcherbc

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Greater Victoria thrift shop quietly closes two locations indefinitely

Society of St. Vincent de Paul shut down Sooke and Central Saanich storefronts

Sooke councillor pitches another way to improve transit

Coun. Jeff Bateman wants free passes for youth on local routes

Severe thunderstorm watch in effect for Greater Victoria

Thunderstorm may produce strong wind gusts, large hail and heavy rain, warns Environment Canada

Sooke couple that owned Sooke Harbour House given $4 million after lengthy court case

B.C. Supreme Court rules in favour of Frederique and Sinclair Philip

Local MP Elizabeth May likes aspects of throne speech, but questions execution

According to May nobody is as ‘reckless’ as BC’s John Horgan in dismissing snap election

B.C. reports 91 new cases as officials remain worried over ‘clusters of COVID-19

There have now been a total of 8,395 cases in B.C. since the pandemic began

Canada’s active COVID-19 cases top 10,000 as daily new cases triple over the past month

Dr. Tam repeated her warning to young people, who have made up the majority of recent cases

First 8 months of fatal overdoses in B.C. have now exceeded 2019 death toll

Nine people died every two days in August, BC Coroners Service data shows

Liberal effort to reset policy agenda panned by rivals as too much talk, not action

Trudeau said it’s ‘all too likely’ families won’t be able to gather for Thanksgiving next month

‘Show us the money’ for cannabis, local governments tell B.C.

Municipal tax, transit revenues falling as costs rise

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Cops for Cancer: COVID-19 can’t stop Tour de Rock

‘having the chance to come back and ride this year means everything to me’

People ‘disgusted’ by COVID-19 election call, B.C. Liberal leader says

Andrew Wilkinson speaks to municipal leaders from Victoria

Horgan blasts B.C. Greens for refusing youth overdose detention

Lack of support key to B.C. election call, NDP leader says

Most Read