Self-Government and Treaties

1. Self-Government and Treaties BC First Nations 12

2. 
"After more than a century of struggle, we are once again a self-governing people.” - President Joseph Gosnell of the Nisga'a Nation (p. 202)

3. First Nations people in British Columbia face many roadblocks to having their Aboriginal rights recognized. For over 125 years, their leaders have requested treaties. The treaty process is finally under way, but many people are frustrated with the time it is taking to reach treaty agreements. • An overview of the first modern-day treaty, the Nisga'a Treaty signed in 2000, is presented in this chapter. As well, we look at other options for self-government. • Some First Nations did not join the treaty process and some have recently opted out. They are looking for different approaches to reaching just settlements. The section ends with a look at the 2002 provincial referendum on treaty negotiation.

4. Self-Determination and Self-Government Terms Self-Determination • Self-Determination is the right of a nation of people to control all aspects of their own lives without external interference or control. Under international treaty law, nations must respect Aboriginal people’s right to self-determination. • The United Nations International Bill of Rights declares:Indigenous peoples have the right to self-determination, in accordance with international law by virtue of which they may freely determine their political status and institutions and freely pursue their economic, social, and cultural development. An integral part of this is the right to autonomy and self-government.

5. Aboriginal Rights • Indigenous peoples have the right to dispose of and benefit from their wealth and natural resources. Under international treaty law, Canada is obligated to respect the First Nations’ right of self-determination.

6. Self-Determination and Self-Government Terms Nation • A group of people who share a common heritage, including language, beliefs, culture, and history, and occupy a particular territory. Sovereignty • Having supreme authority. A nation that is sovereign is independent and free, with the right to a territory of its own.

7. Treaty • A solemn agreement negotiated between sovereign nations. The B.C. Treaty Commission Office defines a treaty as follows: • A treaty is a negotiated agreement that will spell out the rights, responsibilities, and relationships of First Nations and the federal and provincial governments. The negotiation process is likely to deal with far-reaching issues such as land ownership, governance, wildlife and environmental management, sharing resources, financial benefits, and taxation.

8. Extinguishment • Surrender of Aboriginal rights to lands and resources in exchange for rights granted in a treaty.

9. For purposes of treaty negotiations, the B.C. Government has defined the following terms: Band: an organizational structure defined in the Indian Act which represents a particular body of Indians as defined under the Indian Act.

10. First Nation: a)  an aboriginal governing body, organized and established by an aboriginal community, or b)  the aboriginal community itself. It is each aboriginal community’s choice to identify itself as a Band or a First Nation. Tribal Council: a self-identified entity which represents aboriginal people or a group of bands.

11. List of Ongoing BC Negociations • http://www.bctreaty.net/files/first_nations.php

12. 1) In point form or chart form, identify three models of self-government and outline the principles behind each model. [15 Marks] 2) What are the six steps in the BC Treaty Process? [6 marks]  3) What is the role of the BC Treaty Commission? [4 marks] 4) The Nisga'a Treaty was the first modern day treaty entered into in BC. What did the Nisga'a gain through their long journey? You may answer in point form. [4 marks] 5) What was the intent of the 2002 Provincial Referendum? Name three reasons for the widespread opposition to the Referendum. [6 marks]