What is the BC Treaty Process? The BC Treaty process is a process of political negotiations between First Nations, the Provincial Government and the Federal Government. The Supreme Court has recognized Aboriginal title to the land in a series of legal cases, one of the more recent being Delgamuukw. Although the courts have recognized Aboriginal title each First Nation must still prove their title. In general, the purpose of the Treaty process is to reconcile Crown Title with Aboriginal Rights and Title and to develop a new relationship between the three parties involved. In particular questions of how First Nations will participate in governance, economic development and natural resource management in B.C. Negotiations pursuant to the British Columbia Treaty Commission process involve six stages: 1. Statement of Intent A First Nation files a Statement of Intent with the BC Treaty Commission (BCTC). This document identifies the governing body of the First Nation and affirms that there is a mandate from the people to enter the treaty process. 2. Preparation for Negotiations Within 45 days of filing the Statement of Intent an initial meeting between the three parties involved in the treaty process is held. This is an opportunity for the parties involved to exchange information and determine the readiness of the participants to negotiate. 3. Negotiation of Framework Agreement This stage can be described as the table of contents of the negotiation. Here the goals, procedures, subject matter and timetables for negotiations are outlined. 4. Negotiation of an Agreement in Principle At this stage the parties begin to examine in detail the elements of the frame work agreement. The goal is to reach the major agreements that will form the basis of the treaty. The agreement in principle identifies a range of interests including existing and future rights to land, sea and resources, governance, jurisdiction and others. 5. Negotiation to Finalize a Treaty Technical and legal details are worked out and the treaty will be signed and formally ratified by all three parties at the conclusion of this stage. 6. Implementation of a Treaty Long term implementation strategies will be developed and applied to each treaty agreement. This process makes up the framework in which modern treaties in British Columbia take place. There are currently 51 First Nations sitting at 41 negotiation tables throughout BC. Of these 51 First Nations, 2 are in Stage 2, 4 are in Stage 3, 44 are in Stage 4 and 1 is in stage 5. |
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