In 1990 the First Nations Summit, along with BC and
Canada, created the British Columbia Claims Task Force which came
up with 19 recommendations for negotiating treaties. One recommendation
was to establish an independent British Columbia Treaty Commission
(BCTC) to oversee and assist treaty negotiations. There are six
stages to the process.
STAGE ONE: Statement of Intent
A First Nation (or group of First Nations) files a Statement
of Intent with BCTC. This indicates to BC and Canada that the
First Nation is planning to enter into negotiations. The In-SHUCK-ch
Statement of Intent described our traditional territories.
STAGE TWO: Preparing for Negotiations
Stage two brings the three negotiating parties together for
an initial meeting where BCTC informs them of the criteria
to be used to determine when each party is ready to enter into
negotiations. The criteria includes:
demonstrating a commitment to the six stage process,
identifying Chief Negotiators(In-SHUCK-ch, Canada, and British
Columbia)
identifying overlap issues with bordering First Nations,
Canada and BC acquiring background information on the First
Nation(s) and establishing a method of consultation with non-native
interests.
Each party files a "readiness submission" with
BCTC who decides if all three parties have completed preparations
and are ready to move to Stage Three.
The three parties also agree on information sharing guidelines.
As well, the parties negotiate an Openness Agreement which
is intended to allow public access throughout the treaty process.
STAGE THREE: Negotiating A Framework Agreement
The Framework Agreement is essentially an agenda for the Agreement
in Principle (Stage Four). Specifically, the parties: establish
a method for conducting negotiations, set up a time table,
consult with local interest groups or third parties, and identify
the main issues for negotiation.
STAGE FOUR: Negotiating An Agreement In Principle
The Agreement in Principle stage is where the general categories
agreed to in Stage 3 are expanded for clarification and are
approved by all parties. Negotiators reach preliminary agreements
on issues such as, but not limited to:
governance (system of government, type of powers, law making
authority, etc.),
land use and ownership,
resources (forest, mineral, water, etc.),
social development (health and education),
cultural preservation (pictographs, artifacts, language, etc),
and
protection of the environment.
STAGE FIVE: Negotiating A Treaty
The parties will reach agreement on technical and legal issues
to finalize the treaty. In-SHUCK-ch membership will vote on
the Final Agreement while BC presents it to the Legislative
Assembly, and Canada presents it to Parliament for full and
open discussion before a vote is conducted. Once approved,
the document will form a lasting agreement between In-SHUCK-ch
and the governments of BC and Canada, and will be protected
by the Canadian Constitution.
STAGE SIX: Implementation of the Treaty
The implementation phase is the application of all of the
treaty chapters and agreements; it will include the legal transfer
of land ownership, the setting in place of the First Nation
Government and the receipt of the cash settlement. It is expected
to take place over a long period of time and continue to be
an exercise between the First Nation, the Canadian and the
Provincial governments.
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