Lake Babine Nation Incremental Treaty Agreement - Summary and Q&A
Lake Babine Nation Incremental Treaty Agreement - Summary and Q&A Background Summary
Lake Babine Nation has been in the BC Treaty Process since January 2003 and is in the Agreement-in- Principle stage. The Lake Babine Nation - British Columbia Incremental Treaty Agreement (the "ITA") was negotiated to address aspirations of Lake Babine Nation members in the area of forestry and tourism economic opportunities as well as achieve early access to land and benefits within the treaty process. It also meets the Provincial interests to support Lake Babine Nation participation in the local economy and increase governance capacity. Canada is not participating directly in this ITA.
The key benefits of the ITA are land and cash for capacity development purposes. Lake Babine Nation members had input into the location and type of land that is part of the agreement and its negotiators worked to address Lake Babine Nation interests in an agreement with the Province. The ITA is not a Treaty. It is a legal pre-Treaty Agreement that advances treaty-related benefits to a Lake Babine Nation, and serves as a milestone on the way to achieving a Final Treaty Agreement.
Key parts of the ITA
Land
Under the Lake Babine Nation ITA, the Province will transfer a total of 13 parcels of land comprising 510 hectares (1,260 acres) to Lake Babine Nation at different time intervals based on milestones in the treaty negotiations. The initial parcels to be transferred are McKendrick Island, Michell Pierre, Donald's Landing "B" and Fort Babine Lodge. Fort Babine Lodge will be transferred to Lake Babine Nation once an agreement has been reached between Lake Babine Nation and the leaseholder (a Lake Babine Nation member). The parcels will be surveyed and registered in the Land Title Office. These steps will take some time, but will provide legal certainty of ownership for Lake Babine Nation.
The lands will be held in fee simple by Lake Babine Nation and will not be Federal land or Indian Reserves. Lake Babine Nation will be able to decide what to do with the land, including an ability to sell specific parcels if it wishes and use the money to buy other land available on the market. The other parcels of land that are part of the ITA are:
> 2nd transfer: Donald's Landing "A", Tachet, and Smithers Landing; and,
> 3rd transfer: Augier Lake, John Dennis Landing, Pendelton Bay, Pinkut Lake North, Topley Landing, and Pinkut Lake West.
If a comprehensive treaty agreement is reached with Lake Babine Nation, these lands may become treaty settlement lands, and, along with other lands that will form part of a final treaty, the Lake Babine Nation would have taxation and governance powers over them.
Cash
A total of $100,000 will be provided to build capacity: $80,000 upon signing the Agreement; and $20,000 when Lake Babine Nation has provided the Province with a business plan to support the operation of the Fort Babine Lodge.
Q&A
What happens to my aboriginal rights and title when this Agreement is signed?
Your Aboriginal Rights and Title do not change and will not be affected by signing this Agreement.
Who will be able to use the land?
Lake Babine Nation leadership are responsible for developing a management and administrative process to determine use of the land. The lands are intended to provide economic development opportunities for Lake Babine Nation members and to address part of the land claims.
Why only these lands? What happens to the rest of the Lake Babine Nation Territory?
This is a first agreement reached between the Province and Lake Babine Nation regarding the Lake Babine Nation land claims. Lake Babine Nation members' rights remain over the territory and will be the subject of ongoing treaty and other negotiations with the Province and Canada.
