Proposed Statement of Principle
The LBN must be able to continue to exercise its section 35 rights throughout 100% of the territory (includes surface, subsurface, land, water and air resources) and beyond. The treaty should provide certainty for all parties but will not extinguish rights and title. At the same time, a certainty model must be found that will ensure that the rights to be exercised will be those outlined in the treaty, and the LBN will agree not to assert rights not identified and included in the treaty. Negotiations must root out all aspects of extinguishment.
Treaty Settlement Lands
LBN Treaty Settlement Lands will not be traditional provincial fee simple lands. Treaty Settlement Lands will not be Indian reserve lands under the exclusive control of the federal government, but the same sorts of protections as exists under the Indian Act should continue. LBN Treaty Settlement Lands will be under the ownership and jurisdiction of the LBN. Treaty Settlement Lands must be constitutionally protected.
At the same time, a mechanism needs to be developed so that at the option of the LBN, Treaty Settlement Lands can be used to lever traditional financing in order to take advantage of available economic opportunities.
Indian Act Tax Exemption
The LBN recognizes that taxes are a tool which governments use to raise revenues in order to provide services to its citizens. All tax revenues on Treaty Settlement lands must go to the LBN. The tax exemptions under section 87 of the Indian Act, or an equivalent, must remain until the LBN decides to raise revenues through LBN tax powers. If the LBN decides to do enact its own tax laws then individuals on Treaty Settlement Lands will pay taxes to the LBN government.
Resources Revenue Sharing
Any LBN treaty must include resource revenue sharing that will ensure a percentage of revenues from the resources extracted from the traditional territory go to the LBN. A mechanism must be found to ensure this resource revenue sharing is not time limited, but provides a model for sustainability into the future.
A self-government model will be developed that is based on the prinicple of equality, that respects the hereditary chiefs and ensure that principles of democracy and transparency are adhered to. These priniciples will be incorporated into a LBN Constitution. The governance model will be a LBN model and will not be something imposed by governments. While the LBN recognizes and respects the application of federal and provincial laws to LBN citizens, LBN laws must be paramount in areas related to Language and Culture, Citizenship, Education, Children, Lands, and matters internal to the administration of the LBN government.
The historic fishery of the LBN was up to a million sockeye per year. The Barricade Treaty recognizes the nature of the historic LBN commercial catch. Any LBN Treaty must be consistent with and without prejudice to the Barricade Treaty.
The Food Social and Ceremonial fishery under the treaty must be of a volume to accommodate future FSC needs to all LBN members. Additionally, the treaty must recognize a commercial element of the FSC fishery and allow for the sale of the FSC fishery on a controlled basis.
Land Use Planning
Subject to first establishing a LBN land use plan for the Traditional terrritory, the LBN fully supports joint Land Use Planning which may involve many different stakeholders. Provinical lands use plans must be approved by the LBN at a Government to Government level and must conform to LBN rights and title. In addition, any land use plan must also conform to a broader LBN land use plan.
Management of all resources in the LBN traditional territory must accommodate the principle of “shared decision making” by the Crown and the LBN. Wildlife, migratory birds, fish and other natural resources must be managed in a way that genuinely recognize LBN interests as equal to Crown interests.
The Balhats is a part of who we are as nation. It stands on its own, and is outside of the Treaty. At the same, the Treaty must build on the strength of the Balhats and we must be vigilant in ensuring that a treaty will not adversely affect the Balhats in any way.