1. SELF-GOVERNMENT AND TREATIES
Chapter 13
a principal goal of First Nations is self-determination
regain control of their lives and lands
self-government is key component
different forms of governing being pursued

2. MODELS OF SELF-GOVERNMENT
1996 Report of the Royal Commission on Aboriginal Peoples (RCAP) acknowledged self-determination as basic right for First Nations
includes self-government
right to govern themselves in way they determine
having a say in how resources in traditional territories are used
derive economic benefit from resources
make improvements in economic, social, and cultural conditions in communities
Cdn Constitution recognizes inherent right to self-government

3. more than one way to self-government
varying needs and circumstances of band
RCAP described 3 different models
Nation Government Model
based on identified group of people with traditional land base, controlling local governance of their territories
would have a constitution stating beliefs, values, areas of responsibilities, and who can be a citizen
jurisdiction over lands and responsibility for its members
Land as important issue and usually basis for identity of group

4. all people who live in certain region (not just First Nations)
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

5. 3. Community of Interest Model
more limited type of government
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
diverse backgrounds, multiple traditional territories
suit those in cities not usually having access to self-government
two groups as vanguard of making self-government happen
Sechelt Indian Band – unique form of local government
Nisga’a Nation – Nisga’a Lisims Government

6. THE TREATY PROCESS
for over 125 years, First Nations people seeking treaties to recognize title and lands
first step was Constitution Act 1982
recognized and affirmed “existing Aboriginal and treaty rights”
1986, federal government agreed to negotiate treaties under existing policies
BC still not recognize Aboriginal rights or treaties
1989 BC finally agreed to deal with Aboriginal issues
formed Ministry of Aboriginal Affairs
now Ministry of Community, Aboriginal, and Women’s Services

7. 1993, BC government and Summit approved treaty negotiations
BC Treaty Commission (BCTC) formed in 1992
agreement between federal government, BC government and First Nations Summit (members represent majority of First Nations in BC)
1993, BC government and Summit approved treaty negotiations
1995 federal government officially recognized BCTC

8. Tripartite (3 party) meetings held
representatives from federal government, BC government, and First Nations
discuss what will be included in final treaty
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
3 types of First Nations governing bodies
traditional governance based on hereditary leadership or traditional system
individual band established under Indian Act
tribal councils – bands together within traditional territories of on First Nation
most common
negotiations involve hundreds of meetings among the representatives of the 3 parties

9. Creating a Treaty:
Steps and Process

10. THE CREATION OF THE NISGA’A LISIMS GOVERNMENT
never gave up struggle for sovereignty of own land
took over 115 years to achieve
finally saw self-government in 2000
long journey and many obstacles
Frank Calder ran in provincial election 1949
President of Nisga’a Land Committee
Nisga’a land claims to court in 1976 (Calder Case)
under federal comprehensive claims policy
negotiations took nearly 25 years

11. making progress on own treaty
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
royal assent 2000
first modern day treaty in BC
first treaty since Treaty 8 in 1899

12. what did they gain?
primarily self-government
full control of a portion of their traditional territories
2,019 square km
financial compensation for the rest of their lands
cash settlement - $196.1 million to be paid out over 15 years
other features
$37.5 million paid for lost revenues from forest resources
support for initiatives in managing fisheries and forestry resources

14. ALTERNATIVES TO THE TREATY PROCESS
some nations not joined in treaty process or opted out
looking for other options in reaching settlements
Interior Nations Alliance composed of 6 nations
collectively support each other in developing alternative process that would not involve extinguishing Aboriginal title for reduced treaty rights

15. DIRECT ACTION throughout history protested peacefully and with dignity
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 action
usually in form of blockading a road or access route
public demonstration by blockading logging road, public highway or railway track
resolve of all members of the community demonstrates undying commitment

16. Native Youth Movement emerged as strong militant voice for land claims and other issues
developed in Vancouver in 1990s by young urban Aboriginals
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
supported Secwepemc Nation in protest at Sun Peaks ski resort helping to protect Aboriginal title

17. 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 public
Hupacasath Nation filed motion before Supreme Court of BC to have language of referendum declared unconstitutional
court dismissed the case

18. First Nations organizations actively boycotted the referendum
less than 36% of the voting population responded
First Nations organizations actively boycotted the referendum
despite low voter response, Premier Gordon Campbell called referendum a milestone in treaty-making in BC
of voters who sent in ballots, majority in favour of province’s questions
government said this was an overwhelming support for its statements of principles for conducting treaty negotiations
?? but do these results truly represent the majority ??