Treaty Forum 2007

On March 27-28, 2007 the CSTC hosted a 2-day TREATY FORUM to discuss recent developments regarding treaty negotiations between the CSTC, Canada and BC.  This event was well attended with over 200 CSTC members (including a large youth contingent) for each day in the Kwah Hall in Nak’azdli (Fort St. James). 

While this forum was not a public meeting, senior officials from the government (Canada, British Columbia) and the BC Treaty Commission (BCTC) attended the forum on the 27th to listen to opening presentations from Tribal Chief David Luggi, CSTC Chief Negotiator Grand Chief Edward John, CSTC Chiefs and concerned grassroots CSTC members.  Members of the CSTC First Nations affirmed their position that was enunciated in the CSTC’s 1982 Declaration and Claim submission to the then Federal Claims Commission.  The provincial, federal and BCTC officials were given an opportunity to present their perspectives and address some issues raised.  Afterwards, an open floor discussion took place, which spilled over into the second day. 

The main points of the Tribal Chief’s presentation were:

Federal Government Policy Framework

  • A formula based template that is applied in uniformity across BC; 
  • The policy has remained consistent since its original development in the late 1970’s and adoption in the 1980’s;
  • All 20 existing modern day treaties in Canada have subscribed to the framework; 
  • No recognition of Aboriginal rights and involves surrender of Aboriginal title; 
  • Power imbalance; Governments have much more funding resources than CSTC;
  • BC and Canada spend a combined $52 million a year on negotiations BC wide and have a combined staff 140 and CSTC struggles with an average of $1.5 million of loan funding to support it’s negotiations; 
  • The underpinnings of the federal government’s existing negotiations policy is the 1969 “White Paper”.

Costs to CSTC

  • Loan funding for CSTC is currently at $14,582,000; 
  • Contribution funding is currently at $3,645,586; 
  • Total loan and contribution funding is $18,227,929;
  • Negotiations have not resulted in a treaty.

During the 28th, a unanimous vote was made by the CSTC membership to abandon the BCTC process.    The BCTC process is not capable of resolving the CSTC governance and land grievances.  Clear direction was given to the CSTC Chiefs and Staff, from the present community members, that the framework for treaty negotiations currently being used by BC and Canada is not working. 

Treaty Negotiations Review - CSTC Presentation

The following is a summary of the following PowerPoint presentation given by Tribal Chief David Luggi during the 2-day Treaty Forum.  Download Presentation. (67 KB)

Introduction
- Review of the Carrier Sekani Tribal Council Treaty Negotiations;
- Reference CSTC fiscal and other  data;
- Government Policy framework related to treaty negotiations;
- Canada’s Auditor General Report 2006.
CSTC Treaty Negotiations Review
- 1982- CSTC Declaration and Statement of Claim filed April 15, 1982 with Federal Claims Commission.
- 1983 - CSTC Declaration and Claim accepted for negotiation under federal Comprehensive Claims policy.
- 1992 - BC, Canada and First Nation’s organizations established BC Treaty Commission (BCTC).
- Between December 1993 and May 1994 over 40 First Nations submitted Statements of Intent to negotiate treaties to the BCTC. 
- CSTC Statement of Intent filed on December 14, 1993, and is accepted into the BC treaty process.
- 1997 - CSTC signed its Framework Agreement with BC and Canada on April 25. This agreement is an agenda for treaty negotiations.
- 2001- CSTC signed an interim Forestry Bridging Agreement with BC and Canada.
CSTC Treaty Negotiations Funding
- Funding is designated in 2 parts:
     Loan funding for CSTC is currently at $14,582,000
     Contribution funding is currently at $3,645,586

- Total loan and contribution funding is $18,227,929

Year
BCTC Funding
Cost per meeting
2001
$1,552,330
(10 meetings) $155,233
2002
$2,271,260
(3 meetings) $757,086
2003
$1,323,000
(1 meetings) $1,323,000
2004
$1,477,525
(5 meetings) $295,505
2005
$1,525,870
(1 meetings) $1,528,870
2006
$1,797,390
(2 meetings) $898,695
Auditor General’s Report 2006
- Introduction;
- Observations & Recommendations;
- Conclusion;
- List of Recommendations
Auditor General
- Negotiations have not resulted in a treaty;
- There are differing views on the nature of treaties;
- Competing options to the BC Treaty process;
Negotiation Costs in BC
- Federal government  =  $426 million;
- BC government          =  $260 million;
- BC First Nations        =  $300 million;
Government Policy Framework
- Provides guidance to BC and Canada’s negotiations;
- A formula based template that is applied in uniformity across BC;
- The policy framework has remained consistent since its original development in the 1970’s and adoption in the 1980’s.
- All 20 existing modern day treaties in Canada have subscribed to the framework;  
Government Treaty Negotiations Policy
- The Government of Canada’s Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government policy framework.
- The foundation of the existing policy is the 1969 “White Paper” ;
BCTC Process
- No Recognition of Aboriginal rights and involves surrender of Aboriginal title;
- CSTC Negotiation loan funding has a growing debt load each year;
- Power imbalance; Governments have much more funding resources than CSTC; 
- This federal government’s treaty policy framework is at the exact opposite of the philosophies and ideologies that were captured and submitted in the 1982 CSTC Declaration and Claim.                             
Options for Resolution
- Abandon BCTC negotiations;
- Negotiate within the BCTC process;
- Pressure Canada to alter their policy framework;
- Direct Action;
- Litigation;

Abandon BCTC Treaty Negotiations
- Continue accepting existing government program funding;
- Negotiate economic Consultation and Accommodation benefits agreements with 3rd parties and other levels of government;
-Title & Rights are neither extinguished nor compromised; 

Direct Action
- Blockading roads; forest access routes, railways and other transportation corridors;
-Confrontation with 3rd parties and others. May or may not result in accelerated negotiations with governments. 
-The offensive strategy generally turns to a defensive strategy via the Canadian judicial system.
Litigation Option
- Filing an action on the assertion of CSTC’s Aboriginal title & rights in the Canadian judicial legal system:
Expensive and high risk. Decisions at this level are left to a third party (judges) to decide in favour of the defendant or the plaintiff. Decisions are narrow and subject to the government’s even narrower policy interpretations. Most title and rights decisions are really not decisions in the truest sense; rather they are limp parameters or guidelines.
Discussion Questions
- Is the BCTC process capable of resolving CSTC governance and land grievances?
- How much financial debt is acceptable?
- Next Steps