B.C. Claims Task Force Report

6. Conclusion

Representatives of the First Nations, British Columbia and Canada, working together, have produced in this report recommendations which we believe will contribute to the success of treaty negotiations in British Columbia. To implement the recommendations, the task force urges Canada, British Columbia and the First Nations to take the following steps:

1. Following their expeditious reviews of the report, to meet as soon as possible to confirm their acceptance of the task force's recommendations;
2. As a first priority and in the interest of the early start of negotiations, to create the British Columbia Treaty Commission, provide for its authority and funding, and appoint its members; and
3. To implement the remainder of the recommendations.

Back to B.C. Claims Task Force Report Table of Contents

Appendices

Appendix 1
The British Columbia Claims Task Force Terms of Reference

1.0 Membership:

1. Initial members may be nominated to the task force as follows;
   
   - Two persons nominated by the Government of British Columbia;
   - Two persons nominated by the Government of Canada;
   - Two persons nominated by the First Nations Congress;
   - One person nominated by the Union of British Columbia Indian Chiefs
   
   
2. Responsibility to chair the group will rotate among the members.
3. The task force members will determine how they wish to communicate publicly on their activities.
4. The task force will be supported by a small administrative staff.

2.0 Responsibilities of the Task Force:

The task force shall define the scope of negotiations, the organization and process of negotiations including the time frames for negotiations; the need for and value of interim measures and public education.

The task force may consult with individuals and groups that can provide information and advice required for the preparation of this report.

The costs of the task force will be shared equally by the three parties, being the two governments and the B.C. Indians.

The task force shall complete its work within six months of being appointed.

Upon receipt of the report of the task force, the parties. will forthwith take such steps as are necessary to seek approval of its contents.

Signed December 3, 1990 by:

Government of Canada
Tom Siddon
Minister, Indian Affairs and Northern Development.

Government of B.C.
Jack We sgerber
Minister of Native Affairs.

Indians of B.C.
Bill WiIson
Chairman
First Nations Congress

Appendix 2
Members of the Task Force

Murray Coolican

Chief Edward John

Chief Joe Mathias

Chief Mathias sits on various boards, committees, and working groups at the Regional level. From 1985 to 1990 he was B.C. Regional Vice-Chief of the Assembly of First Nations. Chief Mathias has been involved with the Assembly of First Nations Constitutional Working Group, and was a member of the 1985 Task Force to Review Comprehensive Claims Policy.

Miles G. Richardson

Tony Sheridan

Audrey Stewart

Allan Williams

Return to top

Appendix 3
People with Whom the Task Force Consulted

Nisga'a Tribal Council: President Alvin McKay, Chairman Joe Gosnell and legal counsel Jim Aldridge

• E. Anthony Price, Lawyer, Consultant on Native Affairs
• Paul Okalik, Tungavik Federation of Nunavut
• Ovila Gobeil, Senior Negotiator, Comprehensive Claims Branch, Indian and Northern Affairs Canada
• Harry LaForme, Indian Commissioner of Ontario
• Ian Potter, Director General Comprehensive Claims, Indian and Northern Affairs Canada

Appendix 4
People and Organizations who Made Written Submissions

• Carrier Sekani Tribal Council
• Coast Salish Nation
• The First Nations of South Island Tribal Council
• Fisheries Council of British Columbia
• Fort George Band
• Gillie, Mavis M
• Heiltsuk Band Council
• Hibbs, Wayne
• Interior Logging Association
• Lowe, Richard J
• Mid-Island Tribal Council.
• Musgrove, Mark H.
• Oweekeno-Kitasoo-Nuxalk Tribal Councils
• Project North
• Squamish Nation
• United Northern Citizens of B.C. Smithers Branch
• Unrau, Norman

Appendix 5
Issues in Framework Agreements to Date

• Access
• Amendment procedure
• Approval and ratification process
• Beneficiary organizations
• Certainty and finality
• Claims of other aboriginal peoples/overlapping claims
• Communication, consultation
• Compensation/cost of settlement
• Constitutional matters
• Direct and indirect taxation
• Dispute resolution process
• Economic development
• Eligibility and initial enrolment procedure
• Environmental issues
• First Nation government
• Funding
• Government programs
• Implementation
• Interim protection measures
• Lands/territory
• Language, culture, archaeology and heritage
• Objectives
• Offshore areas and ocean management
• Parties
• Public awareness/information
• Renewable and non-renewable resources (including wildlife, flora and fisheries)
• Signatories
• Social development
• Steps in negotiations
• Target dates/schedule
• Traditional activities: hunting, fishing, trapping, gathering
• Working methods

Return to top

Appendix 6
Recommendations of the British Columbia Claims

Task Force The Task Force recommends that:

1. The First Nations, Canada, and British Columbia establish a new relationship based on mutual trust, respect, and understanding–through political negotiations.
2. Each of the parties be at liberty to introduce any issue at the negotiation table which it views as significant to the new relationship.
3. A British Columbia Treaty Commission be established by agreement among the First Nations, Canada, and British Columbia to facilitate the process of negotiations.
4. The Commission consist of a full-time chairperson and four commissioners -- of whom two are appointed by the First Nations, and one each by the federal and provincial governments.
5. A six-stage process be followed in negotiating treaties.
6. The treaty negotiation process be open to all First Nations in British Columbia
7. The organization of First Nations for the negotiations is a decision to be made by each First Nation.
8. First Nations resolve issues related to overlapping traditional territories among themselves.
9. Federal and provincial governments start negotiations as soon as First Nations are ready.
10. Non-aboriginal interests be represented at the negotiating table by the federal and provincial governments.
11. The First Nation, Canadian, and British Columbian negotiating teams be sufficiently funded to meet the requirements of the negotiations.
12. The commission be responsible for allocating funds to the First Nations.
13. The parties develop ratification procedures which are confirmed in the Framework Agreement and in the Agreement in Principle.
14. The commission provide advice and assistance in dispute resolution as agreed by the parties.
15. The parties select skilled negotiators and provide them with a clear mandate, and training as required.
16. The parties negotiate interim measures agreements before or during the treaty negotiations when an interest is being affected which could undermine the process.
17. Canada, British Columbia, and the First Nations jointly undertake public education and information programs.
18. The parties in each negotiation jointly undertake a public information program.
19. British Columbia, Canada, and the First Nations request the First Nations Education Secretariat, and various educational organizations in British Columbia, to prepare resource materials for use in the schools and by the public.
20. Back to B.C. Claims Task Force Report Table of Contents