Tsay Keh Dene Band
Background
Negotiating status
: Negotiating a
comprehensive treaty settlement in the British Columbia Treaty
Commission six-stage treaty process.
Negotiating affiliation
: Negotiating independently with Canada and British Columbia. Not affiliated with a tribal council or treaty group.
Location
: Just south of where the Finlay River flows into the north end of Williston Lake. (Three reserves on 201 hectares and two federal land parcels yet to be designated as reserve.)
Number of Band Members: 417 (Source: Registered Indian Population by Sex and
Residence January 2010, Indian and Northern Affairs Canada)
Negotiations
The Tsay Keh Dene Band entered the treaty process in May 1994, and is in Stage 4 of the six-stage process, negotiating an agreement in principle.
The parties have been focusing on treaty-related measures designed to build the band's capacity in land and resource management, community programs and economic development. To help determine an eventual land settlement, the parties are also focusing on the Tsay Keh Dene's land needs.
Treaty-related measures agreed to so far include: a land, resources and governance accord; a forest resources accord; environmental monitoring; a land needs analysis; a community program and service delivery study; development of a business plan; protection of land for operating the Pelly Lake lodge; and, participation in land and resource management. Additional funding has been provided for winter maintenance of the road to Tsay Keh Village.
Tsay Keh Dene First Nations Final Agreement
In 1999, the Tsay Keh Dene First Nation commenced litigation against the Province, including BC Hydro and Canada, for alleged breach of fiduciary duty and infringement of Aboriginal rights, and damages related to the construction and operation of the W.A.C. Bennett Dam and Williston Reservoir.
Negotiations to address the impacts of flooding from the creation of the dam and reservoir commenced in 2002. In 2006, the provincial government announced an agreement-in-principle between the Province, BC Hydro and the Tsay Keh Dene First Nation to recognize the socio-economic impacts of the construction of the dam and reservoir.
The final agreement received ratification after two separate community votes held in Prince George on June 26, 2009 and in the Tsay Keh Dene village on June 30, 2009. Eighty per cent of the ballots cast were in favour of ratifying the final agreement. The voting standard for ratification was a simple majority of those who voted.
The majority of one-time funding received under the agreement will be deposited into an endowment fund. The fund will be professionally managed and invested to maximize long-term stability and returns for the Tsay Keh Dene First Nation.
Additionally, annual funds of approximately $2 million, adjusted every year to offset inflation, will be paid in perpetuity. After 10 years BC Hydro has the option to pay all its financial obligations at once. In that case, a capitalization fund will be established by the First Nation. Financial experts paid for by BC Hydro would calculate how much must be paid into the fund to ensure the First Nation will receive comparable amounts each year in the future.
Final Agreement documents
Earlier Agreements
Other Activities
In November 2009, Tsay Keh Dene Band received $250,000 in funding through the federal Community Adjustment Fund and the provincial Job Opportunities Program to maintain existing trails that provide access to forested lands and recreation and traditional use forested lands of the Tsay Keh Dene Band found within the Mackenzie Forest District.
Planned Meetings
As dates are established for open public meetings, they will be publicized through the local media and posted on the B.C. Treaty Commission Website Negotiations Calendar.
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Final Agreements
Principle
