Appendix 1. Strategic Context

Vision, Mission and Values

Our Vision

Treaty and other agreements with First Nations are concluded, bringing certainty to the land, and economic and social benefits to all British Columbians. By reconciling the difficult nature of our past relationships, we will develop co-operative associations and build mutual respect and trust in our communities.

Our Strategic Vision

The Treaty Negotiations Office plans to allocate its resources strategically to meet business objectives and deliver results for our partners and the public. In doing so, the Treaty Negotiations Office is building on its reputation for dedicated service and gaining the confidence of key stakeholders.

The Office is characterized by its organizational capability, with a skilled workforce that is innovative and demonstrates expertise in designing and implementing treaties and other agreements. This produces lasting agreements, practical self-government arrangements and a clear understanding of the respective rights and responsibilities of governments and First Nations. Staff is committed to continuous learning and cost-effective business practices.

Our Mission

The Treaty Negotiations Office provides leadership in concluding agreements with First Nations. The Office works collaboratively with other provincial ministries, First Nation organizations, the federal government and other partners to establish workable arrangements with First Nations and increase certainty over Crown lands and resources in British Columbia.

Our Values and Managerial Principles

The Treaty Negotiations Office recognizes that achieving its goals depends on the continued support of a professional, skilled and knowledgeable workforce. Staff works to accomplish these goals in a progressive, innovative and results-oriented manner. They deliver services efficiently, effectively and with a clear sense of pride and purpose.

Planning Context

Achieving certainty and reconciling the interests of the Crown with First Nations involves complex, multi-party negotiations that are influenced by changing external and internal forces. The planning context takes these environmental factors into account. An assessment of opportunities and challenges guided the development of this service plan and decisions about operational focus and resource allocation.

The provincial government faces a range of challenging external factors, most notably the uncertainty associated with unresolved Aboriginal land claims. This uncertainty over the ownership and use of Crown lands and resources discourages investment and sustainable, long-term economic growth.

Treaty and other negotiations with First Nations aim to address these uncertainties by establishing agreements that can enhance economic stability and opportunity in British Columbia.

According to the British Columbia Treaty Commission, "the cost of not settling treaties is far greater than the cost of treaty making." ⁴

A study conducted by Price Waterhouse in 1990 estimated that uncertainty surrounding unresolved Aboriginal rights and title could cost B.C. $1 billion in lost investment and 1,500 jobs in the forest and mining sectors alone.

In 1999, independent consultant Grant Thornton estimated that completing treaties will bring a net financial benefit of between $3.8 billion and $4.7 billion to British Columbia over the next 40 years. The provincial government's share of the overall cost is estimated at $2 billion, or $50 million annually over 40 years, plus rural Crown lands with a notional value of $2.8 billion to $3.5 billion. BC's annual portion is equal to about 25 cents of every $100 in the current provincial budget.⁵

Some of the key external factors which limit the Treaty Negotiations Office's ability to negotiate and conclude lasting agreements are listed below:

• Some First Nations are critical of the treaty process or are uncertain about engaging the province on land and resource issues;
• The evolving legal landscape as a result of court decisions on Aboriginal rights; and
• Social and practical pressures within First Nation communities that prevent many First Nations from engaging in long-term negotiations.

Enterprise-Wide Risk Management

Every business enterprise is subject to various risks, some of which can be managed or mitigated. The Treaty Negotiations Office is no exception. Legal judgments, historical considerations, competing economic interests and changing social values can influence negotiations at any given time. As a result, the Office is engaged in a volatile enterprise that must approach risk management with creativity, flexibility and innovation.

The Office manages its risks within government-approved policies. Key identified risks and treatments include:

Key negotiations stall or collapse

• Risk management of negotiations involves identifying opportunities on an ongoing basis and a diversified set of negotiation tools.

First Nations initiate civil action or litigation

• Proactive consultation, negotiation and project implementation to minimize the probability of such action.

Limited resources make it difficult to fully capitalize on all negotiation opportunities

• Action and contingency plans are in place to reallocate resources to priority areas in order to ensure continued progress towards achieving agreements.
• The Office is working on finding new ways to conduct its business to streamline practices, increase efficiencies and extend resources.

Attracting and retaining skilled and knowledgeable staff

• A strategic human resources plan is under development to integrate employee development and succession planning and to broaden the skills and knowledge base throughout the Office.
• The plan also looks at ways to offset the loss of knowledge that results from staff departures.

Natural or other disaster results in significant facilities damage or loss of data

• Proactive maintenance and development activities are ongoing, and business and information technology continuation plans are in place to mitigate the effects of unforeseen events.

Highlights of Strategic Shifts and Changes from Previous Service Plan

There have been no significant shifts in ministry priorities since the Ministry of Attorney General and Ministry Responsible for Treaty Negotiations 2003/04 – 2005/06 Service Plan was tabled in the Legislative Assembly in February 2003. However, this is the first stand-alone service plan for the Treaty Negotiations Office, and several changes have been made to the plan structure as a result. Reconciliation has been added to core business areas, including measures to track performance of new and existing services. In response to direction by the courts, accommodation has been acknowledged as an additional component of Goal 1.

Further changes include:

• Core business areas have been expanded;
• Performance measures have been completely reworked and updated with more informative and outcome-focused measures;
• A distinction between signed treaty agreements and other agreements that build certainty provides a more accurate measure of progress;
• Background information has been expanded for each core business area; and
• The publicly endorsed principles that guide treaty negotiations have been added as an appendix.

The Treaty Negotiations Office has responded to significant negotiation opportunities, which has resulted in agreements-in-principle at several treaty tables. The Office's goals, objectives and performance measures have been expanded to better define the level of services provided and outcomes sought through treaty and other negotiations.

Consistency with Government Strategic Plan

The Treaty Negotiations Office Service Plan supports the Government Strategic Plan in the following key areas:

Goal 1: A Strong and Vibrant Provincial Economy.

Goal 2: A Supportive Social Fabric.