Thank you.
First I would like to acknowledge the Tsawwassen First Nation as well as thank the committee for the invitation for the treaty commission to come and briefly present this morning from a modern treaty perspective.
The key point I would like to raise is that the treaty commission is the independent body that oversees negotiations for the reconciliation of indigenous rights through modern treaties. The evolution of case law in Canada and, internationally, the UN Declaration of the Rights of Indigenous Peoples have further clarified that treaty negotiations are a constitutional imperative mandated by section 35 of the Canadian Constitution. As such, the treaty commission's role is critically important in assisting the three parties, Canada, British Columbia, and indigenous nations, to live up to this constitutional and legal imperative. A new era of recognition of indigenous rights is at hand, and the B.C. treaty negotiations process is well placed to embrace this change and leave the country in reconciliation. Reconciling must not only include the sharing of land and resources but also the sharing the jurisdiction, the sharing of sovereignty.
True self-determination for indigenous peoples, as mandated by section 35 of our Constitution and the UN declaration, cannot happen without it. I understand the importance of your committee's work and the questions that you're trying to answer when it comes to nationhood, nation to nation, as well as proper title and rights holders.
For starters, the recognition of indigenous rights must be a lasting nation-to-nation relationship through treaty negotiations, which requires the recognition of indigenous rights, not extinguishment. The notion of extinguishment has been rejected outright by indigenous peoples participating in negotiations and has no place in modern-day treaties. The treaty commission recommends continuing to support the ongoing work of rights recognition because this is a fundamental component of reconciliation. The rights recognition mandate must be at treaty negotiation tables, and at the heart of nationhood is the thorny issue of overlap and shared territory.
Overlap disputes between indigenous peoples interfere with the implementation of the declaration by disrupting negotiations and slowing the advancement and implementation of treaties and reconciliations in general. These issues are made more complicated by the fracturing of indigenous peoples by colonialism and the creation of colonial and neo-colonial indigenous entities.
Indigenous peoples are best placed to resolve overlapping and shared territory issues amongst themselves. These issues and their resolution have been a part of traditional indigenous governance for thousands of years. It's an essential function for self-determination and self-governance. The treaty commission has been involved in this type of work, supporting nations and engaging with nations to resolve their territory and overlap issues. We have some examples, and I would be more than happy to discuss this issue later on. We also covered it in our previous annual report that looked at shared territory and overlap issues, which are best resolved amongst indigenous nations. That's why one of our recommendations to the Government of Canada is that there be dedicated funding to support first nations' or indigenous nations' efforts to resolve shared territory and overlap issues.
I'll provide a brief update as to where the status of treaty negotiations are in British Columbia. We have 14 first nations in advanced negotiations with seven nations in final agreement stages. We have seven nations in advanced AIP negotiations. Five of these are multi-community with several Indian Act bands coming together to build their vision of nationhood.
These efforts must be supported and are Canada's best opportunities to advance reconciliation in their nation-to-nation relationship. The completion of several of these advanced negotiations is possible within the next two years. To accomplish this, political will is needed from all parties. From the federal government, this political will must mean that the current efforts and energy devoted to reconciliation and nation-to-nation relationships as expressed in the 10 principles must find their way to these advanced treaty negotiations.
Another way to advance these negotiations is with a recommendation that the treaty commission puts forward, around loan funding. The required borrowing provisions in the comprehensive claims policy must be eliminated for given loans that are currently outstanding to communities that have been engaged in treaty negotiations. There is, I know, a lot of work happening at the federal level to address this issue. To the extent that any community has repaid any portion of its loans, that community should be reimbursed for those funds.
Reconciliation is a shared prosperity, and from the treaty commission's perspective, reconciliation means a true sharing of prosperity: of lands; of resources; of economic, social, and cultural as well as governmental space. Nowhere does the sharing of prosperity become more of a reality than at the community, local, and regional levels. Understanding that shared prosperity has the ability to advance reconciliation significantly in British Columbia and in Canada. When a first nation prospers, the entire region prospers—the theme of our 2017 annual report. My understanding is that a copy of our 2017 annual report has been provided to the committee.
The treaty commission has long held the view that modern treaties, when fairly negotiated and honourably implemented, are a successful mechanism for the protection and reconciliation of indigenous rights and can generate significant economic benefits for indigenous peoples as well as for the local, regional, provincial, and Canadian governments and their communities.
If we're going to maximize the full potential that treaties bring to advancing reconciliation, then consideration needs to be given to addressing some of the recommendations the treaty commission has provided in both our verbal as well as our written submission.
I will turn briefly to my colleague Tom, who will share his perspective on implementing a modern treaty within his community.
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