It could kick-start treaty negotiations in B.C.

Canada, B.C. and First Nations Summit officials have together hammered out a new B次元官网网址渞ights-basedB次元官网网址� for treaty negotiations in B.C. to replace the previous one-size-fits-all approach.

The B次元官网网址楻ecognition and Reconciliation of Rights Policy for Treaty Negotiations in British ColumbiaB次元官网网址� policy will usher in a new way of dealing with treaties.

B次元官网网址淚tB次元官网网址檚 a substantive transformation,B次元官网网址� said Carolyn Bennett, federal minister of Crown-Indigenous Relations in a phone interview. B次元官网网址淚t felt historic because it means no longer do people have to surrender their rights in order to get out from under the Indian Act.B次元官网网址�

Terry Horne, chief of Yakweakioose First Nation near Chilliwack, said his community is part of the six- member St贸:l艒 Xwexwilmexw Treaty Association, which is at Stage 5 in the treaty process.

B次元官网网址淚tB次元官网网址檚 all good stuff, and itB次元官网网址檚 what we had during our negotiations,B次元官网网址� said Chief Horne about the rights-based approach. B次元官网网址淭he big change is not having to extinguish rights and title to enter the process got put back on the table.B次元官网网址�

Although the SXTA expects to sign a final agreement within the next five years, and this new policy could help other Indigenous groups.

B次元官网网址淚t does set some standards,B次元官网网址� said Horne. B次元官网网址淲hen we were in negotiations, we were pushing these same boundaries, which were groundbreaking, and were the first.B次元官网网址�

The new policy was co-developed by treaty principals B次元官网网址� Canada, the First Nations Summit and British Columbia B次元官网网址� to offer guidance on how treaties, agreements and other arrangements are to be negotiated, consistent with the constitution, and commitments to implement the UN Declaration on the Rights of Indigenous Peoples in B.C., as well as international law, Indigenous laws and legal orders.

With the federal budget of 2019 containing provisions for forgiving treaty loans, the new policy could also be incentive for those who left the treaty process or never entered to begin with, Minister Bennett said.

The new policy B次元官网网址渃lears the wayB次元官网网址� for recognition of Indigenous rights and title, including self-determination, and could lead to restoring trust in the process, said Robert Phillips, a member of the First Nations Summit political executive.

B次元官网网址淚 think this will be very significant in making progress in treaty negotiations,B次元官网网址� Phillips said, calling it B次元官网网址渁 breakthrough, and a step toward reconciliation.B次元官网网址�

There might be some naysayers but he urges them to look closely at whatB次元官网网址檚 in the policy.

The central feature is basing negotiations on the recognition and continuation of rights without those rights being modified, surrendered or extinguished when a treaty is signed.

B次元官网网址淔rom this recognition, and more importantly the implementation of this new approach, it will foster more of a relationship between First Nations and the Crown. Parties would enter negotiations in the past and it was like a divorce. This is more of a relationship,B次元官网网址� said Phillips.

It could help address longstanding issues that became obstacles as the treaty policy stalled over the years.

B次元官网网址淲e look forward to the breakthroughs that should result from these long-awaited innovations,B次元官网网址� he added.

It also includes commitments to address shared or overlapping territories, and to respect the rights of Indigenous groups not participating in the B.C. treaty process.

A made-in-B.C. treaty negotiations process was created in 1992. Since then, 11 First Nations in B.C. have reached modern treaties with self-government and 28 First Nations groups are now in the advanced stages of negotiation.

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