{"id":378,"date":"2014-06-17T18:25:34","date_gmt":"2014-06-17T18:25:34","guid":{"rendered":"http:\/\/opentextbc.ca\/geography\/?post_type=chapter&p=378"},"modified":"2014-08-27T16:27:41","modified_gmt":"2014-08-27T23:27:41","slug":"modern-treaties","status":"publish","type":"chapter","link":"https:\/\/opentextbc.ca\/geography\/chapter\/modern-treaties\/","title":{"raw":"Modern Treaties and Claims","rendered":"Modern Treaties and Claims"},"content":{"raw":"There are two types of claims relevant to treaty making: comprehensive claims and specific claims. Comprehensive claims involve\u00a0unfinished treaty making in Canada where Aboriginal rights are not covered by past treaties. Specific claims are meant to deal with past grievances of First Nations related to historic treaties or management of\u00a0First Nations resources.\r\n\r\nMost modern treaty negotiations in BC occur\u00a0within\u00a0the British Columbia Treaty Process (BCTP)<\/strong>, although there have been some\u00a0successful negotiation processes outside of BCTP. The BCTP is a voluntary process, and not all First Nations are interested in participating.\r\n\r\nIn 1999-2000, both the\u00a0McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement\u00a0and the\u00a0Nisga'a Final Agreement were ratified and went\u00a0into effect. The McLeod Lake agreement rectified the exclusion of the McLeod Lake Indian Band from Treaty 8 by transferring\u00a019,810 hectares of Crown land to the band. It received unanimous support in the BC Legislature. The Nisga'a agreement was hailed as the BC's first modern-day land treaty. It is\u00a0a comprehensive agreement that includes surface and subsurface rights, removal of Indian Act application, cash compensation, agreements around wildlife and\u00a0fisheries,\u00a0and self-government provisions.\r\n\r\nWithin the BCTP, 60 First Nations are\u00a0participating in\u00a049 sets of negotiations, representing about two-thirds of all First Nations people in BC. As a process, the BCTP\u00a0includes the six stages<\/a>\u00a0[footnote]Six stages http:\/\/www.bctreaty.net\/files\/sixstages.php<\/a>[\/footnote] as outlined in the table.\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n
Table 3.2 6 Stages of Treaty Negotiations<\/caption>\r\n
Stage Number<\/th>\r\nStage Name<\/th>\r\nDescription<\/th>\r\n<\/th>\r\n<\/tr>\r\n
Stage 1<\/td>\r\nStatement of Intent to Negotiate<\/td>\r\nA First Nation submits a statement of intent (SOI) stating, among other things, who is claiming, proof that the negotiating party is supported by the community and where the claim will be made.<\/td>\r\n<\/td>\r\n<\/tr>\r\n
Stage 2<\/td>\r\nReadiness to Negotiate<\/td>\r\nWithin 45 days of submitting the SOI the parties must sit down and show that all parties have the will and resources to negotiate a treaty.<\/td>\r\n<\/td>\r\n<\/tr>\r\n
Stage 3<\/td>\r\nNegotiation of a Framework Agreement<\/td>\r\nThis is basically the \"table of contents\" of a comprehensive treaty. The three parties agree on the subjects to be negotiated and an estimated time frame for Stage 4 agreement-in-principle negotiations.<\/td>\r\n<\/td>\r\n<\/tr>\r\n
Stage 4<\/td>\r\nNegotiation of an Agreement In Principle<\/td>\r\nThe negotiating parties examine in detail the elements outlined in their framework agreement with the goal of solving all the problems and creating a working treaty.<\/td>\r\n<\/td>\r\n<\/tr>\r\n
Stage 5<\/td>\r\nNegotiation to Finalize a Treaty<\/td>\r\nThe treaty for all intents and purposes is finished at this stage, but it\u00a0has to be approved by all parties of the negotiating team.<\/td>\r\n<\/td>\r\n<\/tr>\r\n
Stage 6<\/td>\r\nImplementation of the Treaty<\/td>\r\nThe final stage: applying and running the First Nation as set out by the treaty.<\/td>\r\n<\/td>\r\n<\/tr>\r\n<\/tbody>\r\n<\/table>\r\nAs of 2014, a few treaties have been completed, including\u00a0the Maa-nulth First Nations Treaty\u00a0and the\u00a0Tsawwassen First Nation Treaty. Other treaties are pending final ratification by the Canadian government, such as the\u00a0Tla'amin Nation Treaty and\u00a0Yale First Nation Treaty.\u00a0 The large majority of First Nations involved in BCTP are in Stage 4.\r\n\r\nThe status of BC treaty negotiations is outlined on this map <\/a>[footnote]Status of BC treaty negotiations (map) http:\/\/www.bctreaty.net\/nations\/nation_maps\/Treaty-Negotiations-in-British-Columbia-Map.pdf<\/a>[\/footnote] from the BC Treaty website.","rendered":"

There are two types of claims relevant to treaty making: comprehensive claims and specific claims. Comprehensive claims involve\u00a0unfinished treaty making in Canada where Aboriginal rights are not covered by past treaties. Specific claims are meant to deal with past grievances of First Nations related to historic treaties or management of\u00a0First Nations resources.<\/p>\n

Most modern treaty negotiations in BC occur\u00a0within\u00a0the British Columbia Treaty Process (BCTP)<\/strong>, although there have been some\u00a0successful negotiation processes outside of BCTP. The BCTP is a voluntary process, and not all First Nations are interested in participating.<\/p>\n

In 1999-2000, both the\u00a0McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement\u00a0and the\u00a0Nisga’a Final Agreement were ratified and went\u00a0into effect. The McLeod Lake agreement rectified the exclusion of the McLeod Lake Indian Band from Treaty 8 by transferring\u00a019,810 hectares of Crown land to the band. It received unanimous support in the BC Legislature. The Nisga’a agreement was hailed as the BC’s first modern-day land treaty. It is\u00a0a comprehensive agreement that includes surface and subsurface rights, removal of Indian Act application, cash compensation, agreements around wildlife and\u00a0fisheries,\u00a0and self-government provisions.<\/p>\n

Within the BCTP, 60 First Nations are\u00a0participating in\u00a049 sets of negotiations, representing about two-thirds of all First Nations people in BC. As a process, the BCTP\u00a0includes the six stages<\/a>\u00a0[1]<\/sup><\/a> as outlined in the table.<\/p>\n\n\n\n\n\n\n\n\n\n
Table 3.2 6 Stages of Treaty Negotiations<\/caption>\n
Stage Number<\/th>\nStage Name<\/th>\nDescription<\/th>\n<\/th>\n<\/tr>\n
Stage 1<\/td>\nStatement of Intent to Negotiate<\/td>\nA First Nation submits a statement of intent (SOI) stating, among other things, who is claiming, proof that the negotiating party is supported by the community and where the claim will be made.<\/td>\n<\/td>\n<\/tr>\n
Stage 2<\/td>\nReadiness to Negotiate<\/td>\nWithin 45 days of submitting the SOI the parties must sit down and show that all parties have the will and resources to negotiate a treaty.<\/td>\n<\/td>\n<\/tr>\n
Stage 3<\/td>\nNegotiation of a Framework Agreement<\/td>\nThis is basically the “table of contents” of a comprehensive treaty. The three parties agree on the subjects to be negotiated and an estimated time frame for Stage 4 agreement-in-principle negotiations.<\/td>\n<\/td>\n<\/tr>\n
Stage 4<\/td>\nNegotiation of an Agreement In Principle<\/td>\nThe negotiating parties examine in detail the elements outlined in their framework agreement with the goal of solving all the problems and creating a working treaty.<\/td>\n<\/td>\n<\/tr>\n
Stage 5<\/td>\nNegotiation to Finalize a Treaty<\/td>\nThe treaty for all intents and purposes is finished at this stage, but it\u00a0has to be approved by all parties of the negotiating team.<\/td>\n<\/td>\n<\/tr>\n
Stage 6<\/td>\nImplementation of the Treaty<\/td>\nThe final stage: applying and running the First Nation as set out by the treaty.<\/td>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

As of 2014, a few treaties have been completed, including\u00a0the Maa-nulth First Nations Treaty\u00a0and the\u00a0Tsawwassen First Nation Treaty. Other treaties are pending final ratification by the Canadian government, such as the\u00a0Tla’amin Nation Treaty and\u00a0Yale First Nation Treaty.\u00a0 The large majority of First Nations involved in BCTP are in Stage 4.<\/p>\n

The status of BC treaty negotiations is outlined on this map <\/a>[2]<\/sup><\/a> from the BC Treaty website.<\/p>\n

  1. Six stages http:\/\/www.bctreaty.net\/files\/sixstages.php<\/a> ↵<\/a><\/li>
  2. Status of BC treaty negotiations (map) http:\/\/www.bctreaty.net\/nations\/nation_maps\/Treaty-Negotiations-in-British-Columbia-Map.pdf<\/a> ↵<\/a><\/li><\/ol><\/div>","protected":false},"author":37,"menu_order":3,"template":"","meta":{"pb_show_title":"on","pb_short_title":"","pb_subtitle":"","pb_authors":[],"pb_section_license":""},"chapter-type":[],"contributor":[],"license":[],"class_list":["post-378","chapter","type-chapter","status-publish","hentry"],"part":225,"_links":{"self":[{"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/pressbooks\/v2\/chapters\/378","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/pressbooks\/v2\/chapters"}],"about":[{"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/wp\/v2\/types\/chapter"}],"author":[{"embeddable":true,"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/wp\/v2\/users\/37"}],"version-history":[{"count":11,"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/pressbooks\/v2\/chapters\/378\/revisions"}],"predecessor-version":[{"id":1214,"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/pressbooks\/v2\/chapters\/378\/revisions\/1214"}],"part":[{"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/pressbooks\/v2\/parts\/225"}],"metadata":[{"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/pressbooks\/v2\/chapters\/378\/metadata\/"}],"wp:attachment":[{"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/wp\/v2\/media?parent=378"}],"wp:term":[{"taxonomy":"chapter-type","embeddable":true,"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/pressbooks\/v2\/chapter-type?post=378"},{"taxonomy":"contributor","embeddable":true,"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/wp\/v2\/contributor?post=378"},{"taxonomy":"license","embeddable":true,"href":"https:\/\/opentextbc.ca\/geography\/wp-json\/wp\/v2\/license?post=378"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}