B.C. Treaty Commission Chief Commissioner Celeste Haldane speaks during a news conference after the commission released its annual report, in Vancouver, B.C., on Wednesday September 20, 2017. The often bumpy and slow path toward treaty making in British Columbia has a new tool that can help glide over major obstacles and potentially help produce more than three dozen agreements near completion, says Haldane.THE CANADIAN PRESS/Darryl Dyck

B.C. Treaty Commission Chief Commissioner Celeste Haldane speaks during a news conference after the commission released its annual report, in Vancouver, B.C., on Wednesday September 20, 2017. The often bumpy and slow path toward treaty making in British Columbia has a new tool that can help glide over major obstacles and potentially help produce more than three dozen agreements near completion, says Haldane.THE CANADIAN PRESS/Darryl Dyck

B.C. treaty commissioner expects UNDRIP bill to speed treaty talks, more deals

The declaration was adopted by the General Assembly of the UN in 2007 after 20 years of debate

The often bumpy and slow path toward treaty making in British Columbia has a new tool that can help glide over major obstacles and potentially help produce more than three dozen agreements near completion, says Treaty Commissioner Celeste Haldane.

The B.C. government’s recent passage of Bill 41, legislation implementing the United Nations Declaration on the Rights of Indigenous Peoples, should result in smoother and less cumbersome treaty negotiations, she said.

“I also think it’s complementary to the negotiation process because everything that’s envisioned in the declaration is available in the treaty process, and UNDRIP and Bill 41 provide a framework to move forward in B.C. and that’s whether in treaty talks or not,” said Haldane.

She said the B.C. legislation could provide the final impetus for reaching 37 treaty agreements with Indigenous nations who are in the final stage of talks with the provincial and federal governments.

Haldane said Indigenous nations from Vancouver Island, the northwest coast and the Interior have reached stage five in the six-stage process.

“I would say the treaty negotiations process will be complementary to the legislation in B.C., and why I say that is because in our process our mandate has changed to include the implementation of UNDRIP,” she said. “We are already seeing that happen at treaty tables where treaty negotiations are incorporating the declaration into negotiations and into their treaties.”

READ MORE: UN Indigenous rights becoming law in B.C., John Horgan tells chiefs

Haldane said she did not want to put time estimates on when the 37 nations will reach treaty settlements, but suggested once stage five is reached, final treaties are signed within two years.

B.C. introduced modern-day treaty making in the early 1990s and seven Indigenous Nations have reached treaty agreements since then. The Nisga’a Nation in B.C.’s northwest negotiated a treaty outside of the process.

Of B.C.’s more than 200 Indigenous nations, only about two dozen have signed treaties, with most dating back to the 1800s when the province was a British colony.

Last month, B.C. became the first province in Canada to pass legislation to implement the UN declaration, mandating the government to bring its laws and policies into harmony with the declaration’s principles.

The federal government said in its throne speech this week that it will also introduce legislation to implement UNDRIP.

“I see the legislation finally putting a place marker in B.C. to level the playing field when it comes to human rights issues,” Haldane said. “I don’t think we’re taking away from anyone. I think in B.C. we’re looking at ensuring there’s equity and equality between everyone.”

The declaration was adopted by the General Assembly of the UN in 2007 after 20 years of debate. Canada was originally one of four countries that voted against it. Among other things, the declaration says Indigenous Peoples have the right to self-determination, which means they can determine their political status and pursue economic, social and cultural development.

The declaration requires governments to obtain “free and informed consent” from Indigenous groups before approving any project affecting their lands or resources, but B.C. Indigenous Relations and Reconciliation Minister Scott Fraser said neither the legislation nor the declaration includes wording that grants a veto over resource development projects.

Haldane said the B.C. legislation brings all parties in treaty talks closer together.

“It’s not about a veto,” she said. “I believe it’s about moving to consent. It’s about having a seat at the table at the same time as everyone else when you are looking at decision making. It’s not something to be scared of.”

Haldane said recent moves by the federal and B.C. governments to reform the negotiation process have also improved the climate and flexibility to reach settlements.

A Recognition and Reconciliation of Rights Policy for Treaty Negotiations in B.C. announced last September features a B.C.-specific policy that Indigenous rights guaranteed in the Constitution cannot be modified, surrendered or extinguished when a treaty is signed.

Haldane said federal forgiveness of loans for Indigenous groups to fund treaty negotiations this year also eased the financial burden involved in negotiations.

Judith Sayers, president of the 14-member Nuu-chah-nulth Tribal Council on Vancouver Island, said provincial adoption of the bill is a step forward but many are waiting for the federal government to implement UNDRIP legislation.

Sayers says five of the tribal council’s 14 nations have signed modern treaties and the Ditidaht First Nation is in the final stage, but the eight other nations are not ready to enter treaty talks.

“I’m assuming as long as we’ve got the provincial government on side, that is going to make it easier,” she said. “The federal government says it’s going to pass legislation. They are all promising UNDRIP legislation, whether they get it through is another question.”

Dirk Meissner, The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

From now to November, WildsafeBC will be educating the public through its various programs in the community of Bella Coola. (Black Press Media file photo)
Bears are back, and so is WildSafeBC

Rae will be working hard to reach out to community members in new and innovative ways

Bella Coola’s new WildSafeBC co-ordinator, Rae Kokeš, has spent the last 10 years in Africa working in lion, human, conflict, and is a wildlife biologist by trade. (Photo submitted)
From the savannas of Africa to the Bella Coola Valley

New Wildsafe BC coordinator ready to tackle wildlife conflict

Bella Coola Valley Ridge Riders Horse Club board member Annika Granander watches, and participates in the gymkhana Sunday (Photo submitted)
Sunshine and smiles all around Bella Coola Ridge Riders Horse Club gymkhana

The event was the first of the year, with COVID-19 safety precautions in place

RCMP crest. (Black Press Media files)
Stolen truck found broken down on Highway 97C, Williams Lake suspect arrested near Ashcroft

A security guard first noticed the truck, and thought it looked suspicious

A build up of lint in a clothes dryer is believed to have caused a house fire in Alexis Creek Sunday evening, April 4, 2021. (Photo submitted)
Clothing dryer suspected cause of Alexis Creek home fire, owner wants to warn others

Neil Miller is thankful he still has his horses, community support and his life

Protesters attempt to stop clear-cutting of old-growth trees in Fairy Creek near Port Renfrew. (Will O’Connell photo)
VIDEO: Workers, activists clash at site of Vancouver Island logging operation

Forest license holders asking for independent investigation into incident

Starting Tuesday, May 11, B.C. adults born in 1981 and earlier will be able to register for a vaccine dose. (Haley Ritchie/Black Press Media)
BC adults 40+ eligible to book COVID-19 vaccinations next week

Starting Tuesday, people born in 1981 and earlier will be able to schedule their inoculation against the virus

Parks Canada and Tla-o-qui-aht Tribal Parks dig the washed up Princess M out from sand along the south shore of the Pacific Rim National Park Reserve. (Nora O’Malley photo)
Rescue attempt costs man his boat off Pacific Rim National Park Reserve

Coast Guard response questioned after volunteer responder’s speedboat capsizes in heavy swells

Al Kowalko shows off the province’s first electric school bus, running kids to three elementary and two secondary schools on the West Shore. (Zoe Ducklow/News Staff)
B.C.’s first electric school bus making the rounds in Victoria suburbs

No emissions, no fuel costs and less maintenance will offset the $750K upfront expense

Road sign on Highway 1 west of Hope warns drivers of COVID-19 essential travel road checks on the highways into the B.C. Interior. (Jessica Peters/Chilliwack Progress)
B.C. residents want travel checks at Alberta border, MLA says

Police road checks in place at highways out of Vancouver area

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Victoria police say the photo they circulated of an alleged cat thief was actually a woman taking her own cat to the vet. (Black Press Media File Photo)
Photo of suspected cat thief released by Victoria police actually just woman with her pet

Police learned the she didn’t steal Penelope the cat, and was actually taking her cat to the vet

The Canadian Coast Guard icebreaker Louis S. St-Laurent sails past a iceberg in Lancaster Sound, Friday, July 11, 2008. The federal government is expected to end nearly two years of mystery today and reveal its plan to build a new, long overdue heavy icebreaker for the Canadian Coast Guard. THE CANADIAN PRESS/Jonathan Hayward
Vancouver, Quebec shipyards to each get new heavy icebreaker, cost remains a mystery

Vancouver’s Seaspan Shipyards and Quebec-based Chantier Davie will each build an icebreaker for the coast guard

Most Read