Ministry Overview

The Government of British Columbia is leading the nation in developing a new relationship with First Nations and Aboriginal people.¹ Guided by principles of trust, and by recognition and respect of First Nations rights and title, we are building a stronger and healthier relationship between government and Aboriginal people that will benefit all British Columbians.

The Ministry of Aboriginal Relations and Reconciliation will work with ministries and agencies across government and with our Aboriginal partners to coordinate efforts in three key areas: practical steps to narrow social and economic gaps between Aboriginal and non-Aboriginal British Columbians, building strong and respectful relationships between government and Aboriginal organizations, and long-term reconciliation through treaties and other lasting agreements.

British Columbia's history has been marked by confrontation, litigation and failure to reconcile differences with Aboriginal people. For over 100 years, our relationships have been more often characterized by denial than by recognition: denial of rights, denial of culture and denial of services.

Basic human rights did not come easily nor automatically to Aboriginal people. First Nations did not have the right to hire lawyers to pursue land claims until the law was changed in 1951 and did not have the right to vote in federal elections until 1960.

Cultural ceremonies critical to the social structures of Aboriginal people, such as potlatches, were outlawed. Children were forced into residential schools, resulting in the loss of traditional language and oral history and the breakdown in family structure. Traditional Aboriginal governing structures were not recognized when the Indian Act was created and implemented under the federal Department of Indian and Northern Affairs.

Aboriginal people have also not had access to services at the same level as non-Aboriginal people. Fundamental services such as basic community infrastructure, including housing and water facilities and appropriate education curriculum including Aboriginal history in the educational system have, until recently, been ignored or inadequate.

This history of denial has had a catastrophic effect on Aboriginal communities. Rampant poverty, prevalence of illness and chronic disease, inadequate housing, long-term unemployment, high levels of family violence and notoriously low high-school completion rates are measures of our collective failure. High suicide rates, lower life expectancy, higher infant mortality and intolerably high levels of substance abuse are a reality in communities and cannot be allowed to continue.

Innovative and respectful strategies are required to reverse the trends that have left too many Aboriginal people shut out in areas of education, health and economic opportunity.

A number of critical events have helped put us on the path towards reconciliation that we are on today. The recognition and affirmation of existing Aboriginal and treaty rights in Section 35 of the Constitution Act of 1982 entrenched Aboriginal rights into the fabric of our country. Over the last dozen years and more, the courts have said very clearly to governments, to the private sector and to First Nations that the recognition and affirmation of Aboriginal rights and title in the constitution is a statement that has direct legal consequences.

The creation of the British Columbia Treaty process in 1992 was the result of recognizing these legal consequences and direction from the courts that negotiation, versus litigation, is the best way to resolve these outstanding issues.

More recently, in March 2005, leadership from First Nations political organizations came together, for the first time since 1969, to work collectively with the Province. The First Nations Leadership Council is represented by the Executive members of the First Nations Summit Task Group, Union of British Columbia Indian Chiefs and British Columbia Assembly of First Nations. Together with the Province, the First Nations Leadership Council drafted a joint vision and principles for a new relationship with Aboriginal people. Founded on principles of mutual respect, recognition and reconciliation of First Nations and Aboriginal rights, the New Relationship vision establishes a framework for a government-to-government relationship and partnership as well as an agreement to engage on legal, economic and social matters.

In November 2005, at the First Ministers meeting on Aboriginal issues, national commitments were made to close the socio-economic gap between Aboriginal people and other Canadians. A communiqué was endorsed aimed at achieving better education and health outcomes, increased housing and economic opportunities and improved relationships through performance measurement and annual public reporting. In British Columbia, the Transformative Change Accord was signed by Canada, the Province and the First Nations Leadership Council to outline specifically how the gap would be closed in this Province.

In May 2006, the Province and the Métis Nation British Columbia signed the Métis Nation Relationship Accord. The Accord acknowledges the influence of Métis people on history as well as their emergence as a people with their own language, culture, traditions and self-government structures. The Accord commits government and the Métis Nation to strengthen existing agreements and continue efforts to close social and economic gaps between Métis and other British Columbians.

In addition, October and December 2006 saw three treaty tables, Lheidli T'enneh, Tsawwassen and Maa-nulth, conclude their negotiations and embark on the formal ratification process. The final agreements must be ratified and signed before they become treaties.

The goal of this government is to eliminate, within 10 years, the inequities that have plagued all Aboriginal people throughout British Columbia's history. Reconciliation is at the heart of this initiative, and it involves building a positive, enduring relationship built on trust, mutual respect and recognition of the constitutional rights of Aboriginal people.

This new relationship must recognize the Crown's legal and moral duty to consult where decisions impact constitutionally protected Aboriginal rights and title. It will require all governments to build capacity that will enable Aboriginal people to participate fully in the multiple bounties of British Columbia.

The path to prosperity does not lie in the denial of Aboriginal rights or in the discredited approaches of the past. Confrontation or endless litigation that has held us back as a people and a province is not the way forward. The future we all seek for our families and communities will not be won through the uncertain path of denial, resistance, and short-sightedness. It is ours to claim together through a new relationship that is honourable, constructive, and grounded in immediate and practical progress for all British Columbians.

This government has set high goals to achieve: to become the most educated; the healthiest; provide the best systems of support for the most vulnerable; have the best environmental stewardship; and create the most jobs and employment opportunities. None of these goals for the Province is achievable unless we bridge the gap that for too long has separated Aboriginal people from other British Columbians.

At a time when virtually every community is grappling and dealing with labour shortages, the fastest growing segment of our population has been historically shut out. Never before in the history of British Columbia have we been confronted by a situation like we face today, where we need one another to succeed. The challenge is for the collective will that exists across government to show tangible benefit for the people themselves.

None of the initial steps that the Province has taken over the last two years in and of themselves can resolve these destructive problems that have taken decades, if not centuries to develop. But these steps are a start towards building a strong foundation from which we can move forward.

As Chief Justice Lamer stated in his judgement in the Supreme Court of Canada decision in Delgamuukw: "Let's face it. We're all here to stay".

Purpose of Ministry

The Ministry of Aboriginal Relations and Reconciliation is tasked to be the centre of excellence on innovative approaches on Aboriginal policy across government. The Ministry leads government's efforts to build the social and economic capacity within First Nations communities and with Aboriginal people and to reconcile First Nations and provincial interests. These results bring tangible social and economic benefits to Aboriginal people and advance government's Five Great Goals for all British Columbians.

The goals of the Ministry will be met by focusing the majority of its efforts in three areas:

• Closing the socio-economic gaps between Aboriginal people and other British Columbians through the Transformative Change Accord and the Métis Nation Relationship Accord;
• Building strong and respectful relationships between government and Aboriginal organizations through the development of a consultation framework; and
• Continuing efforts to conclude treaties and other lasting agreements.

The Transformative Change Accord, signed by the Government of British Columbia, the First Nations Leadership Council and the Government of Canada, signals a tripartite commitment to work together to close the socio-economic gap between First Nations and other British Columbians.

The Accord sets out priorities and outlines some key actions to work aggressively to meet this important goal. It also commits us to monitor and report out to First Nations people and to the public on our progress.

The Accord recognizes that a holistic approach is needed to improve outcomes for First Nations people. For example, children without adequate housing are unlikely to be as successful at school and health outcomes can only improve if education and income levels increase. This approach will build on some of the early successes the Ministry has achieved, such as: working with the Ministry of Health on the development of the First Nations Health Action Plan released in November 2006; working with the Ministry of Education on the Education Jurisdiction Framework Agreement signed in July 2006; and, the 296 new or sustained full and part-time employment positions created through the First Citizens Fund in fiscal 2005/2006.

The following five priority areas must move forward together to achieve the transformative change we are all envisioning:

• Improved Crown – First Nations relationships;
• Education and Life Long Learning;
• Housing and Infrastructure;
• Health; and
• Economic Opportunities.

The First Nations Health Plan, released on November 27, 2006, outlines government's and First Nations' planned actions to improve health outcomes for First Nations people in British Columbia. Other priority areas of the Transformative Change Accord are also being developed for implementation and will reflect the need for improved relationships among the three signatories to the Accord. The implementation plans will incorporate academic research demonstrating that outcomes improve when First Nations have jurisdiction over their own services, when First Nations cultures are honoured, and when attention is paid to supporting First Nations in building their own capacity to achieve success. These themes will be reflected in each plan's tangible actions and strategies.

Each area will focus on how to measure progress, establishing milestones and reporting mechanisms so that the partners, the public and First Nations can assess progress.

The following examples of actions planned for the next 18 months will produce positive change in First Nations communities:

• Ensure all First Nations have access to high speed broadband;
• Devolve social housing units to the Aboriginal Housing Management Authority;
• Enact legislation for the First Nations Education Jurisdiction Agreements;
• Review barriers and recommend solutions to improving First Nations access to financing for economic development;
• Establish a Provincial First Nations Health Advisory Committee;
• Implement a Maternity Access Project to improve maternal health services for Aboriginal women; and
• Launch an Aboriginal youth internship program within the provincial public service.

Several factors have created pressure for change in the way that the Province works with First Nations to address constitutionally protected Aboriginal rights and title. These include:

• The legal uncertainty over Crown land can negatively affect the investment climate and represents an obstacle to economic development. If left unaddressed, this could adversely impact provincial revenues and economic growth in British Columbia.
• Recent court rulings, such as Haida, Taku River Tlingit, and Mikisew Cree have created increased legal obligations for British Columbia to consult and, where appropriate, accommodate asserted Aboriginal rights and title. Previous policy frameworks are increasingly unable to address these legal obligations. British Columbia's ability to administer the estimated 100,000 statutory decisions required of it every year to manage Crown lands and resources is increasingly difficult.
• There is a need to address the Aboriginal rights and title of First Nations who have not yet concluded a treaty or have not engaged in the treaty process.

Through the New Relationship and the establishment of the First Nations Leadership Council, government seeks to develop mutually beneficial government-to-government relations with First Nations based on respect, recognition and reconciliation of Aboriginal title and rights.

One of the activities undertaken jointly between the First Nations Leadership Council and the Province was the passing of the New Relationship Trust Act and the transfer of $100 million to the New Relationship Trust. The Trust is intended to assist First Nations communities to enhance their capacity to participate in the processes and activities that arise from the New Relationship with British Columbia through effective partnerships in land and resource consultation, advanced training and skill development, and improved social and economic well-being.

In addition, the Province worked jointly with the First Nations Leadership Council to make changes to the Forest and Range Agreements, which provide revenue-sharing and access to timber volume to First Nations.

Finally, government worked with First Nations to ensure involvement in the response to the mountain pine beetle epidemic through the development of the British Columbia First Nations Mountain Pine Beetle Action Plan and the creation of the British Columbia First Nations Interim Mountain Pine Beetle Working Group. These activities, along with the provision of resources, helped First Nations communities identify and plan for any long-term impact of the mountain pine beetle infestation.

Through the next year, the Province will continue working with the First Nations Leadership Council and ministries to finalize and implement a consultation framework that is consistent with recent court decisions and is reflective of the New Relationship principles. This framework will guide the direction of all ministries that have statutory responsibility for land and resource decisions and ensure that First Nations interests continue to be appropriately incorporated into the decision-making process.

The provincial government is committed to treaty negotiations as a full and formal expression of reconciliation. Treaties are a means of achieving greater certainty over the land and resources, through clarifying who has what rights, what those rights mean, who has what obligations and what processes will be followed in decision-making. Treaties are also a means to advance First Nations interests in developing their economies and governing their communities.

With greater certainty created by negotiated treaties, the Province can better attract and retain investment and create jobs, which will result in stronger First Nations communities and benefit all British Columbians.

In 2001, the government set about to break through the log jam that was preventing the British Columbia treaty process from achieving success. The first step was to carry out a province-wide referendum to gain support for the treaty process and to establish a set of principles to guide provincial negotiators at treaty tables. Secondly, the government re-examined its existing mandates on issues to ensure that the approaches being taken would demonstrate to First Nations that the Province was serious about concluding treaties.

In 2003, the reinvigorated approach resulted in initialled agreements-in-principle with the Lheidli T'enneh, Tsawwassen, Maa-nulth and Sliammon First Nations. For the first time the treaty process showed real promise for success.

Four First Nations moved into Final Agreement negotiations and the parties have collectively and collaboratively dealt with the tough issues facing those tables. This has resulted in the first initialled Final Agreements in the treaty process. Now, after initialling Final Agreements in the Fall of 2006, the Lheidli T'enneh, Tsawwassen and Maa-nulth are moving through their ratification processes with the goal of signing treaties and enacting provincial legislation in the Spring of 2007.

The challenge facing the treaty process in 2007 is to share the success achieved in 2006 with other First Nations in other regions of the province. The future looks bright. Further agreements-in-principle have been achieved with the Yekooche, Yale, and In-SHUCK-ch First Nations and these three, along with the Sliammon First Nation, are working hard to conclude Final Agreement negotiations later in 2007. There is also pressure on the Province and Canada at a number of other tables to advance negotiations and finish the job of getting to treaty.

With this renewed approach and a real sense that success is possible, actual treaties are within grasp and reconciliation with First Nations is finally becoming a reality.

Vision, Mission and Values

Guided by principles of trust, recognition, respect and reconciliation of Aboriginal rights and title, we will build a healthy and prosperous future for the benefit of Aboriginal people and all British Columbians.

The Ministry provides leadership across the provincial government that will, over the next decade, bridge the social and economic gaps (see table)² that many Aboriginal people face in British Columbia. While working collaboratively with Aboriginal organizations, the federal government and other partners to support the goals of the New Relationship, the Ministry will continue to negotiate and implement treaties and other lasting agreements with First Nations.

The Ministry of Aboriginal Relations and Reconciliation values are based on recognition, respect and reconciliation of the important historical, cultural and political contributions of Aboriginal people in our province. While balancing the interests of all British Columbians with those of Aboriginal people, the Ministry seeks to reflect:

Accountability — We are committed to being accessible and responsive to our partners and stakeholders; measuring and reporting on our performance at all levels.

Innovation — We seek bold and innovative solutions to the unprecedented challenges of reconciliation.

Respect and Integrity — We embrace integrity and respect as a pivotal part of our day-to-day business and conduct ourselves in an open and ethical manner.

Trust and Honesty — We believe in maintaining open and transparent activities and actively responding to public, partner and stakeholder feedback.