This past year was one of progress toward reconciliation. This time last year we challenged you to consider what you would do in 2018 to advance reconciliation, such as “educate yourself and others about reconciliation, build relationships and create partnerships.” In each region of this beautiful province, reconciliation is happening; we need to continue this important work.
Throughout this year I have seen reconciliation in action. Indigenous and non-Indigenous businesses are creating critical partnerships, organizations and boards are stepping forward with reconciliation statements and commitments, governments are changing relationships with Indigenous peoples and Indigenous nations are doing the hard work of nation-building for self-government.
Treaty negotiations continue to lead the way in reconciliation and provide answers to complex questions about Indigenous rights in Canada.
No more extinguishment. No more treaty loans. No more rights denial. No more status quo. These are the most notable changes this year.
The principals of the treaty negotiations process, the First Nations Summit and the governments of Canada and B.C. agree that extinguishment and surrender of rights have no place in treaty negotiations, and that rights recognition will be the new foundation. Treaties are to be living agreements that must be flexible and adapt over time. These were always the goals of the made-in-B.C. treaty negotiations process.
This year was bookended with significant milestones by the principals and First Nations. At the beginning of this year, the principals expanded the BC Treaty Commission’s mandate to include, through its role as the independent facilitator, the implementation of the UN Declaration on the Rights of Indigenous Peoples and the Truth and Reconciliation Commission of Canada’s calls to action, and the recognition of First Nations rights and title.
Towards the end of this year, the principals signed the Principals’ Accord on Transforming Treaty Negotiations in British Columbia, signalling a commitment to implementing necessary changes to improve treaty negotiations, including treaties being based on recognition of Aboriginal title and rights and consistent with case law, including the Tsilhqot’in decision (2014), and the UN declaration.
The parties are already advancing and leading unique solutions directly into negotiations, capturing the new commitments to reconciliation and exemplifying flexibility within the negotiations framework. This summer, the parties signed the Northern Secwepemc te Qelmucw Agreement in Principle, advancing the table to Stage 5. More recently, negotiators at Stó:loō Xwexwilmexw Treaty Association and Ktunaxa Kinbasket Treaty Council signed unique memorandums of understanding. Collectively these three negotiation tables represent 14 First Nations communities – that is 14 communities significantly closer to a treaty this year.
Free, prior and informed consent (FPIC) remains a complex question in relation to industry here in B.C. To support work on understanding FPIC, the BC Treaty Commission recently obtained a legal opinion determining that the treaty negotiations process is a rights-recognition process that operationalizes FPIC.
Treaty First Nations are unlocking the economic potential of their lands through self-government. The Tsawwassen First Nation (TFN) treaty, the first of its kind completed in the B.C. treaty negotiations process, has transformed the Lower Mainland, attracting over $1 billion in investments to the area. In September, Amazon announced plans to open a major shipping facility on TFN lands, creating jobs and economic prosperity in the region.
One last reflection is about the important role all British Columbians have when it comes to understanding why treaty negotiations are of utmost importance to the future of our province, and why committing to reconciliation is equally important. I encourage everyone to create a future based on mutual understanding and respect. It will benefit all British Columbians – especially our future generations.•
Celeste Haldane is chief commissioner of the BC Treaty Commission.
