Core Business Areas

Successful negotiation of treaties and other agreements with First Nations provide certainty over Crown lands and resources and help to build economic strength and stability for all British Columbians. By reconciling past differences between the Crown and First Nations and by creating economic opportunities to materially improve the quality of life of Aboriginal people, we are helping to foster healthier community relationships across the province.

Negotiations

Treaties are constitutionally protected agreements negotiated between First Nations and the governments of British Columbia and Canada. Treaties set out a new relationship between the parties and define their respective rights and responsibilities. Negotiated agreements will create certainty over Crown land and resources by clearly defining land ownership and law-making jurisdiction across BC. Treaties contribute to a stable climate for economic investment on the provincial land base and allow for mutually beneficial governance arrangements, business relationships and land management processes.

Treaties are negotiated through a six-stage process¹ overseen by the BC Treaty Commission, an independent body established in 1993 by BC, Canada and the First Nations Summit. Currently, 114 of 197 Indian Act bands in BC are engaged in treaty negotiations. These bands comprise 53 First Nations negotiating at 42 separate treaty tables ².

During the six-step treaty process, the parties also negotiate other significant agreements that help to build certainty. These include agreements-in-principle, land protection agreements, self-government agreements and fiscal financing agreements. All negotiations conducted by the Treaty Negotiations Office adhere to British Columbia's publicly endorsed negotiating principles defined in the 2002 Referendum on Treaty Principles ³.

The courts have been clear that the Crown has a legal duty to consult and accommodate First Nations where their Aboriginal rights may be affected. Through accommodation agreements, government provides economic benefits to First Nations in order to fulfill its legal obligations and enhance certainty over the use of Crown lands and resources. Accommodation agreements with First Nations may include transferring economic benefits, engaging First Nations in land-use planning processes and seeking their input on resource management decisions. Efforts are focused on creating predictable day-to-day economic activity on Crown lands, increasing access to provincial lands and resources, and facilitating economic development.

The Treaty Negotiations Office is responsible for co-ordinating measures to consult and accommodate First Nations. The Office also has direct involvement in a number of specific accommodation negotiations and provides leadership to ministries across government on related matters.

The Government of British Columbia has a responsibility to represent and protect the interests of all British Columbians. As a result, provincial treaty negotiators engage in consultation as part of their negotiating responsibilities. Discussions on specific matters provide local government, business representatives and other community groups with opportunities to raise concerns and provide input on ways to reach resolutions to issues under negotiation. Through this process, critical support for treaty-making is built at the community level.

Once a final agreement or other negotiated agreement has been signed, it must be implemented to come into effect. The implementation process includes fulfilling program, financial, legislative or other commitments articulated in the agreement.

This core business area also includes executive services for the Treaty Negotiations Office, including the salaries, benefits, and operating expenses for the Deputy Minister. Core support services are also provided by the Ministry of Attorney General. For further information, see the Ministry of Attorney General Service Plan 2004/05 – 2006/07 at www.gov.bc.ca/ag.

Economic Development

The provincial government supports economic development opportunities for First Nations. Funding is provided to improve access to training, expand business skills and knowledge, and stimulate economic development by encouraging First Nation entrepreneurship, enterprise and participation in the BC economy.

The Treaty Negotiations Office administers this funding on behalf of the province. A total of $26 million has been allocated to 124 projects that will be completed through March 2005. Types of projects that have been funded include:

• Partnerships between Aboriginal communities and industry or local government;
• Increased First Nations access to resource tenures;
• Measures that address specific land and resource issues, including First Nations involvement in strategic land-use planning; and
• Measures that increase First Nations capacity to engage in the economy.

Reconciliation

The provincial government is committed to forging a new relationship with First Nations based on reconciliation of past differences, recognition of each other's rights and responsibilities, and renewed efforts to build a brighter future for all British Columbians. The Treaty Negotiations Office is responsible for developing and implementing an action plan outlining short and long-term goals for recognition and reconciliation initiatives. The scope of initiatives may include acknowledging the important role of First Nations in the province's history or agreements that support Aboriginal heritage, language and culture.