Status of First Nations treaties in British Columbia

In 1991, a Report by the BC Claims Task Force was released recommending a treaty commission be set up.^[8] The British Crown passed its authority to negotiate treaties to Canada when it was created in 1867. Even though only the Canadian federal government has the authority to enter into treaties with First Nations^[4] in 1992 the newly created British Columbia Treaty Commission (BCTP) and BC Treaty Process included the BC provincial government in the process by agreement among Canada, BC and the First Nations.^[8] As of 2009 there are 60 First Nations participating in the BC treaty process. Because some First Nations negotiate at a common table, there are 49 sets of negotiations.^[9] From 1992 to 2009 there have been a few treaties completed including the Maa-nulth First Nations Treaty signed on April 9, 2009,^[10] and the Tsawwassen First Nation Treaty signed on April 3, 2009.^[7] Another Treaty was ratified outside the BC Treaty process in 1999, the Nisga'a Treaty.^[11] In May 1993 the Treaty Commission allocated approximately $432 million in negotiation support funding to more than 50 First Nations- $345.6 million in the form of loans and $86.4 million in the form of contributions.^[12] Of that money the Treaty Commission's total operating costs from 1993 to March 31, 2009 has spent $34.2 million.^[12]

There is considerable disagreement about treaty negotiations; while polls have shown that 25% of British Columbians are opposed to it,^[13] a substantial minority of native people consider the current treaty process inadequate and have therefore refused to participate. Tapping into this public sentiment in 2002, the BC Liberal Party mailed out ballots for a provincial British Columbia Aboriginal treaty referendum on principles for treaty negotiations, sparking protests and a boycott. Because of the boycott and general public apathy only about a third of eligible voters took part in the referendum,^[14] which passed with 80% of those who responded voting "Yes" to continuing the Treaty Process.^[15]

A November 21, 2007 court ruling threatened the Treaty Process.^[16] The judge ruled that the Xeni Gwet'in First Nation could demonstrate Aboriginal title to half of the Nemaiah Valley, and that the province had no power over these lands.^[17] Under the BC treaty process, negotiating nations have received as little as 5% of their claimed land recognized. Grand Chief Stewart Phillip, president of the Union of B.C. Indian Chiefs, member governments of which reject the treaty process and remain outside it, has called the court victory a "nail in the coffin" of the B.C. treaty process.^[17] He went on to say, "Why would any First Nation be foolish enough to ratify any [treaty] settlement for less than five per cent of their territory when the Xeni Gwet'in [have] achieved recognition of their title to 50 per cent of their territory?"^[17]

Even with the Xeni Gwet'in ruling First Nations across BC are still continuing the Treaty process advancing through the six-stage process to eventual Treaty implementation. While Chief Stewart Phillip had claimed that the First Nations themselves would slow down or leave the treaty process it is the Canadian government who is holding up many of the treaties.^[18]

In 1992 the Treaty Commission and the treaty process were established in by agreement among Canada, British Columbia and the First Nations Summit. Through the Treaty Commission a process was reached where treaties would follow a six-stage system to successful negotiation.^[19]

• British Columbia Treaty Process
• British Columbia Aboriginal treaty referendum, 2002
• List of First Nations governments in British Columbia
• The Canadian Crown and Aboriginal peoples
• Royal Proclamation of 1763