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

MBSS visual art students helped make the Cottage Restaurant’s protective barrier stand out for the summer. (Barry Coulter photo)
Artists give Cottage patio blocks a blast of colour

Mount Baker Secondary School visual art students gave the protective barrier at… Continue reading

Stuart Ashley Jones, 56, was at Grand Forks provincial court for sentencing on May 5, 2021. Photo: Laurie Tritschler
Grand Forks man shot by police during massive flood sentenced to house arrest

Stuart Ashley Jones was shot by a Grand Forks Mountie after ramming two police cruisers in May 2018

SD5 and SD6 have added electric school buses to their transportation fleets. Photo courtesy B.C. Government.
East Kootenay school districts add electric buses to fleets

Two school districts in the East Kootenay are adding an electric school… Continue reading

Two Pileated Woodpeckers sharing the bounty! Kathleen Opal photo
Urban wildlife Part XI: The East Kootenay birds (and others) of 2021

The work of local photographers in the Advertiser throughout 2021. Part XI. With links to Parts I-X

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2021. THE CANADIAN PRESS/Darryl Dyck
57 new cases of COVID-19 in Interior Health region

Thirty people in the region are in hospital, 16 of whom are in intensive care

Protesters attempt to stop clear-cutting of old-growth trees in Fairy Creek near Port Renfrew. (Will O’Connell photo)
VIDEO: Workers, activists clash at site of Vancouver Island logging operation

Forest license holders asking for independent investigation into incident

Victoria police say the photo they circulated of an alleged cat thief was actually a woman taking her own cat to the vet. (Black Press Media File Photo)
Victoria police photo of suspected cat thief was just a woman with her own cat

Police learned the she didn’t steal Penelope the cat, and was actually taking her cat to the vet

The Canadian Coast Guard icebreaker Louis S. St-Laurent sails past a iceberg in Lancaster Sound, Friday, July 11, 2008. The federal government is expected to end nearly two years of mystery today and reveal its plan to build a new, long overdue heavy icebreaker for the Canadian Coast Guard. THE CANADIAN PRESS/Jonathan Hayward
Vancouver, Quebec shipyards to each get new heavy icebreaker, cost remains a mystery

Vancouver’s Seaspan Shipyards and Quebec-based Chantier Davie will each build an icebreaker for the coast guard

Findings indicate a culture of racism, misogyny and bullying has gripped the game with 64 per cent of people involved saying players bully others outside of the rink. (Pixabay)
Misogyny, racism and bullying prevalent across Canadian youth hockey, survey finds

56% of youth hockey players and coaches say disrespect to women is a problem in Canada’s sport

People line up outside an immunization clinic to get their Oxford-AstraZeneca COVID-19 vaccine in Edmonton, Tuesday, April 20, 2021. THE CANADIAN PRESS/Jason Franson
Hospital investigating whether Alberta woman who died after AstraZeneca shot was turned away

Woman was taken off life support 12 days after getting vaccine

People line up for COVID-19 vaccination at a drop-in clinic at Cloverdale Recreation Centre on Wednesday, April 27, 2021. Public health officials have focused efforts on the Fraser Health region. (Aaron Hinks/Peace Arch News)
B.C. reports first vaccine-induced blood clot; 684 new COVID cases Thursday

Two million vaccine doses reached, hospital cases down

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Most Read