Treaty Process
The BC Treaty Process What is it?
Modern treaty negotiations in BC have been ongoing since 1973 and earlier in Canada.
The BC Treaty Process – began in BC in 1990.
LBN accepted into the Treaty Process in January 12th 1994
BC Treaty negotiations are open to all First Nations who wish to negotiate with Canada and BC.
These negotiations are voluntary. Each First Nation community decides whether they want to participate. Canada, BC or the Treaty Commission cannot force a First Nation community to enter the Treaty Process.
Negotiations involve BC, Canada and the Lake Babine Nation.
The Treaty Process is overseen by the BC Treaty Commission.
The main issues in treaties for the First Nations are title to land and (ownership), use of land and resources, jurisdiction (law making) and self-government.
What is the BC Treaty Commission (BCTC)?
Established in 1993
“Keeper of the Process” – NOT government
3 main roles
facilitation/monitoring
Funding
public information and education
Report to the Principals (Annual Report)
First Nations in the Treaty Process
5 First Nations in Stage 2
3 First Nations in Stage 3
42 First Nations in Stage 4 (LBN in here)
8 First Nations in Stage 5
Approximately 113 “Indian Bands” are in the BC Treaty Process with 46 sets of negotiations underway. (two thirds of 1st Nations in BC)
The six stage treaty process
Stage 1 - Statement of Intent to negotiate
LBN files with BCTC a Statement of Intent (SOI) to negotiate with Canada and BC in December 1993. SOI is updated in October 2009.
The SOI must identify the First Nation’s territory, its governing body and the people that body represents.
The SOI must also indicate how a mandate was received from those people to enter the Treaty Process.
Stage 2 – Readiness to Negotiate
Purpose of Stage 2 is:
To bring the parties together for an initial meeting (45 days after SOI is received)
For the parties to do the necessary preparation and for each party to file readiness submission
The Commission will assess each party’s readiness submissions and to declare each party and the table ready to proceed.
Stage 3 – Negotiating a Framework Agreement
The first item to negotiate is what the parties want to negotiate. 
It can be compared to the Table of Contents of a book. It tells you what is in the book but not the details of each chapter of the book.
Stage 4 – Agreement-In-Principle (AIP)
The 3 parties examine in detail the elements outlined in their Framework Agreement and substantive negotiations begin.
The goal is to reach agreement on each of the topics that will form the basis of the treaty.
For example, the chapter on Forests will define a range of rights and obligations including existing and future interests in the land and its resources.
…Stage 4
The forestry chapter should set out the structures and authorities over which the 3 parties will manage the forests.
Examples of other topics one might find in the Framework Agreement (depending on what we want to negotiate)
Lands (selection and quantum, tenure, access, parks and protected areas)
Natural Resources and Resource Management
Environmental Management
Culture and Heritage
…Stage 4
Economic Development
Taxation / Fiscal
Governance
Eligibility and Enrolment
Ratification and Approval
Dispute Resolution
Implementation
Certainty
Etc.
End of Stage 4
The parties must notify BCTC when they plan to sign an AIP (Agreement in Principle).
First Nations communities must vote on whether they accept the AIP.
BC and Canada each have an approval process they must follow as well.
Once all three parties approve an AIP the Commissioners will pass a resolution that declares the table has moved into Stage 5.
Stage 5 – Negotiation to Finalize Treaty
Once the AIP is approved and signed by each party, the BCTC will acknowledge this by declaring that the table has moved into Stage 5 of the Process.
The treaty formalizes the new relationship among the parties and embodies the agreements reached in the AIP. Technical and legal issues are resolved at this stage.
Once signed and formally ratified, the final agreement becomes a treaty.
Stage 6 – Implementation of the Treaty
Long-term implementation plans need to be tailored to specific arrangements. The plans to implement the treaty are put into effect or phased in as agreed.
The table remains active in order to oversee implementation of the treaty.
With time, all aspects of the treaty will be realized and with continuing goodwill, commitment and effort by all parties, the new relationship will come to maturity.
