[Witness speaks in Ktunaxa]
First of all, I acknowledge Tsawwassen First Nation for allowing us to do this important business on their territory.
Also, thank you for the opportunity to make a presentation to you in your study on specific claims and comprehensive land claims agreements.
We have prepared a kit for you with a USB that includes my speaking points; the summit's submission to the federal working group of ministers on the review of laws and policies related to indigenous peoples and a list of recommendations that form part of that report; the national treaty loan amounts described for you; principles of a new first nations-crown fiscal relationship, a stand-alone document; a copy of the British Columbia Claims Task Force report; and copies of the British Columbia Treaty Commission Act and the Treaty Commission Act, B.C.
As a bit of background on the First Nations Summit, we were established in 1993 to support first nations' engagement in the made-in-B.C. treaty negotiations framework. The First Nations Summit is one of the three principals, along with Canada and British Columbia.
Our mandate arises from the tripartite 1991 B.C. Claims Task Force report, which was jointly developed by first nations, Canada, and B.C.; the 1992 agreement to set up the B.C. Treaty Commission as the independent body to facilitate treaty negotiations; and subsequent federal and provincial legislation and the First Nations Summit chiefs' resolutions.
The summit is the only body with the exclusive mandate to support first nations in conducting their own direct treaty negotiations with Canada and B.C. A critical element of the summit's efforts includes the identification of concrete, actionable steps to overcome negotiation barriers. In first nations-crown treaty negotiations with B.C., we are facing a number of process and substantive issues that pose significant challenges in treaty negotiations and must be overcome in order to reach treaties, agreements, and other constructive arrangements.
Addressing process and substantive negotiation issues and barriers must be undertaken in the context of implementing the Truth and Reconciliation Commission's calls to action and the United Nations Declaration on the Rights of Indigenous Peoples. Any review and redesign of the made-in-B.C. treaty negotiations framework or any federal or provincial initiative that might impact the made-in-B.C. treaty negotiations framework, including review and revision of Canada's comprehensive claims policy and related laws and policies, must include the summit from the outset and be consistent with the United Nations declaration and existing case law.
As to some key federal and provincial commitments, the summit acknowledges that we are currently discussing these important issues with the Standing Committee on Indigenous and Northern Affairs in a new political and legal environment that has important implications on these discussions. The summit welcomes the federal and provincial governments' unequivocal commitment to implementation of the Truth and Reconciliation Commission's 94 calls to action and the United Nations Declaration on the Rights of Indigenous Peoples, and parallel reviews of federal and provincial legislation. Further, B.C. has made the welcome and necessary commitment to implement the historic Tsilhqot'in Nation decision regarding aboriginal title and rights issues.
We collectively have a historic opportunity to positively and dramatically transform the relationship between all levels of government and first nations government. There is absolutely nothing to fear in the Truth and Reconciliation Commission's 94 calls to action and in the human rights standards in the United Nations declaration. We must put our minds together and combine our collective best efforts for constructive and long-lasting solutions.
Yesterday, during the reconciliation walk, the Attorney General of Canada, Minister Jody Wilson-Raybould, once again reaffirmed and recommitted that in order to have a positive crown-indigenous relationship, we must do it together.
In terms of our path forward and opportunities for collaboration, the summit takes this opportunity to highlight that full and effective collaboration from the outset of undertaking this important work is consistent with key international instruments and documents as outlined in the 46 articles of the United Nations Declaration on the Rights of Indigenous Peoples, the American Declaration on the Rights of Indigenous Peoples, and the outcome document of the September 2014 World Conference on Indigenous Peoples, all three of which Canada has agreed to.
As we move forward, what is required to accomplish transformation of barriers and challenges is new attitudes and tone in leadership and in the bureaucracy as a whole.
This work requires strong, bold leadership from all levels of government, including those bodies monitoring government initiatives. In this regard, the summit is optimistic about the perceptible shift in leadership at the federal level, with Canada's new 10 principles guiding its relationship with indigenous peoples, as well as the recent dissolution of Indigenous and Northern Affairs Canada and the creation of the two new ministries: Crown-Indigenous Relations and Northern Affairs, and Indigenous Services. These are a hopeful sign that Canada is serious about decolonizing its approach to indigenous issues, and to building a new relationship from a more appropriate foundation.
In reflecting on Canada's commitment to achieving reconciliation with indigenous peoples through a renewed, nation-to-nation, government-to-government, and Inuit-crown relationship based on recognition of rights, respect, co-operation, and partnership as the foundation for transformative change, we stress the recognition of aboriginal rights, especially through mechanisms such as modern-day treaties, agreements, and other constructive arrangements.
The summit has prepared a 50-page submission, which sets out key perspectives on the status of treaty negotiations in B.C. and key challenges and barriers. Further, it contains 30 recommendations to transform first nations-crown treaty negotiations in B.C., as well as highlighting key intersections between treaty negotiations and the new federal framework for reconciliation, including the reform of Canada's laws and policies.
In 1991, the B.C. claims task force reported, and the subsequent made-in-B.C. treaty negotiations framework was established in response to the profound failures of the federal government's comprehensive claims policies, which required first nations to prove their connection to their lands through a cumbersome and inappropriate process. The task force report provided a blueprint for a new and different made-in-B.C. negotiations framework. The policy-set direction in the task force report has over time been displaced by Canada's increasing reliance on its pre-existing, outdated, and unacceptable comprehensive claims policy. The intrastate negotiations have become position-based, as government bureaucrats are assigned to oversee the process, and in many cases, negotiate treaties. This is not helpful or conducive to reconciliation.
The summit continues to remain mindful of the Supreme Court of Canada's statements at paragraphs 20 and 38 of the Haida Nation v. British Columbia judgment, which provide that “Treaties serve to reconcile pre-existing Aboriginal sovereignty with assumed Crown sovereignty” and also that “negotiations, the preferred process for achieving ultimate reconciliation”.
The BCTC, established in 1992 by agreements among the principles, which are summit, Canada, and B.C., started its operations in 1993. Its role is set out in the B.C. Treaty Commission Agreement, and in ratifying legislation and resolution of the principles. The BCTC's independence is a fundamental component of the made-in-B.C. treaty negotiations framework. Among other responsibilities, the BCTC facilitates negotiations in B.C., a role that could be expanded to include dispute resolutions.
At various points in time since the inception of the BCTC, concern has been raised that Canada and B.C. have encroached too closely on the independence of the treaty commission. The summit continues to advocate that Canada and B.C. must meaningfully commit to fully respecting the independence of the B.C. Treaty Commission's allocation of negotiation support funding, and the principles that no one party should have unilateral control over first nations-crown treaty negotiations in B.C., and no party should have its expenditures reviewed by another party to the negotiations.
To provide important context about the importance of the made-in-B.C. treaty negotiations framework, it should be noted that 57 of the 99—or 58%—of the comprehensive land claim and self-government negotiating tables are in British Columbia.
This is all about relationships. We seek Canada's and B.C.'s commitment to take a leadership role in working toward reconciliation with first nations in B.C., including the negotiations of viable, fair, workable, and equitable treaties, agreements, and other constructive arrangements. It is not always about full comprehensive treaties; it can be a number of arrangements. Further in this regard, we are seeking Canada's commitment to a process that will ensure the decisions of the courts relating to lands, territories, and resources are fully implemented. We also seek Canada's commitment to finding creative solutions and working toward reconciliation and moving beyond dialogue regarding barriers to negotiations, and to the implementation of agreed concrete commitments, and to implementing steps to overcome challenges. We can see 30 recommendations in our submission related to that.
Governments must provide space for engaging bodies, such as the First Nations Summit, the first nations governments, and other key parties in developing instructions concerning the scope and content of the mandate.
The last point I wanted to make is about our negotiation support funding. Very quickly, that support funding is a hindrance to first nations in the negotiation process. There needs to be serious consideration given to the forgiveness of all existing treaty loans. To date, they total $528 million across Canada. We know that mounting debt is deducted from the final capital transfer payment, which erodes the net value of the treaty. There is also tremendous uncertainty regarding what happens to the debt if the parties are unable to reach a treaty.