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

Oak Bay High students Mimi Hill and Aine O’Donnell run along the Jack Wallace Memorial Track. The old track is due to be resurfaced. (Black Press Media File Photo)
Oak Bay track resurfacing delayed

Oak Bay commits $50,000 towards renewed Jack Wallace track

Swiftsure International Yacht Race 2018. (Black Press Media file photo)
Popular Swiftsure yacht race cancelled for second consecutive year

International sailing race hopes to run its 77th event in 2022

Saanich golfer and top B.C. junior and juvenile player Willy Bishop was named to the 2021 Canadian National Junior Golf Squad on Nov. 19. (Photo courtesy Jenny Bishop)
Saanich student to tee-off with national golf team

Willy Bishop, 16, named to Canadian National Junior Golf Squad in 2021

The Oak Bay Police Department has announced plans to purchase the municipality’s first electric marked police vehicle. (Devon Bidal/News Staff)
Electric police vehicle could soon be patroling Oak Bay streets

Oak Bay police plan to purchase first marked electric police vehicle in 2021

Wild Wise Sooke is pushing to get local waste management companies to hop on board to provide bear-resistant bins as an option for residents. On Nov. 23, Sooke council voted to write a letter of support for Wild Wise to send to companies such as GFL Environmental Inc. and Sooke Disposal Ltd. (Black Press Media file photo)
Wild Wise Sooke continues push for bear-resistant bins as option for residents

Bins could cost anywhere from $150 to $300 or more, according to 2019 study

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, Nov. 9, 2020. THE CANADIAN PRESS/Darryl Dyck
Another 694 diagnosed with COVID-19 in B.C. Thursday

Three more health care outbreaks, 12 deaths

(AP Photo/Paula Bronstein)
POLL: Has COVID-19 changed your plans for the holidays?

The lights are going up, the stacks of presents under the tree… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Dec. 1

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Watch Messiah at home with the Sooke Philharmonic

Concert available to stream Dec. 12

Emergency crews used a backhoe loader to clear fire debris from the scene of a fire on Wesley Street Thursday as police and firefighters gathered up propane tanks, stoves and fireplaces used by camp residents to heat tents. (Chris Bush/News Bulletin)
City of Nanaimo dismantles downtown homeless encampment after fire

Four to six tents burned up in Wesley Street fire Thursday, Dec. 3

A demonstrator wears representations of sea lice outside the Fisheries and Oceans Canada offices in downtown Vancouver Sept. 24, demanding more action on the Cohen Commission recommendations to protect wild Fraser River sockeye. (Quinn Bender photo)
First Nations renew call to revoke salmon farm licences

Leadership council implores use of precautionary principle in Discovery Islands

Ten-month-old Aidan Deschamps poses for a photo with his parents Amanda Sully and Adam Deschamps in this undated handout photo. Ten-month-old Aidan Deschamps was the first baby in Canada to be diagnosed with spinal muscular atrophy through Ontario’s newborn screening program. The test was added to the program six days before he was born. THE CANADIAN PRESS/HO, Children’s Hospital Eastern Ontario *MANDATORY CREDIT*
First newborn tested for spinal muscular atrophy in Canada hits new milestones

‘If Aidan had been born any earlier or anywhere else our story would be quite different’

BC Ambulance Services reassures people that the service is well staffed and ready to respond. Photo by Don Bodger
BC Ambulance assures the Island community they’re ‘fully staffed’

‘Paramedics are not limited to a geographical area.’ — BCEHS

(Pixabay)
Canadians’ mental health has deteriorated with the second wave, study finds

Increased substance use one of the ways people are coping

Most Read