It could kick-start treaty negotiations in B.C.
Canada, B.C. and First Nations Summit officials have together hammered out a new 香蕉视频直播渞ights-based香蕉视频直播� for treaty negotiations in B.C. to replace the previous one-size-fits-all approach.
The 香蕉视频直播楻ecognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia香蕉视频直播� policy will usher in a new way of dealing with treaties.
香蕉视频直播淚t香蕉视频直播檚 a substantive transformation,香蕉视频直播� said Carolyn Bennett, federal minister of Crown-Indigenous Relations in a phone interview. 香蕉视频直播淚t felt historic because it means no longer do people have to surrender their rights in order to get out from under the Indian Act.香蕉视频直播�
Terry Horne, chief of Yakweakioose First Nation near Chilliwack, said his community is part of the six- member St贸:l艒 Xwexwilmexw Treaty Association, which is at Stage 5 in the treaty process.
香蕉视频直播淚t香蕉视频直播檚 all good stuff, and it香蕉视频直播檚 what we had during our negotiations,香蕉视频直播� said Chief Horne about the rights-based approach. 香蕉视频直播淭he big change is not having to extinguish rights and title to enter the process got put back on the table.香蕉视频直播�
Although the SXTA expects to sign a final agreement within the next five years, and this new policy could help other Indigenous groups.
香蕉视频直播淚t does set some standards,香蕉视频直播� said Horne. 香蕉视频直播淲hen we were in negotiations, we were pushing these same boundaries, which were groundbreaking, and were the first.香蕉视频直播�
The new policy was co-developed by treaty principals 香蕉视频直播� Canada, the First Nations Summit and British Columbia 香蕉视频直播� to offer guidance on how treaties, agreements and other arrangements are to be negotiated, consistent with the constitution, and commitments to implement the UN Declaration on the Rights of Indigenous Peoples in B.C., as well as international law, Indigenous laws and legal orders.
With the federal budget of 2019 containing provisions for forgiving treaty loans, the new policy could also be incentive for those who left the treaty process or never entered to begin with, Minister Bennett said.
The new policy 香蕉视频直播渃lears the way香蕉视频直播� for recognition of Indigenous rights and title, including self-determination, and could lead to restoring trust in the process, said Robert Phillips, a member of the First Nations Summit political executive.
香蕉视频直播淚 think this will be very significant in making progress in treaty negotiations,香蕉视频直播� Phillips said, calling it 香蕉视频直播渁 breakthrough, and a step toward reconciliation.香蕉视频直播�
There might be some naysayers but he urges them to look closely at what香蕉视频直播檚 in the policy.
The central feature is basing negotiations on the recognition and continuation of rights without those rights being modified, surrendered or extinguished when a treaty is signed.
香蕉视频直播淔rom this recognition, and more importantly the implementation of this new approach, it will foster more of a relationship between First Nations and the Crown. Parties would enter negotiations in the past and it was like a divorce. This is more of a relationship,香蕉视频直播� said Phillips.
It could help address longstanding issues that became obstacles as the treaty policy stalled over the years.
香蕉视频直播淲e look forward to the breakthroughs that should result from these long-awaited innovations,香蕉视频直播� he added.
It also includes commitments to address shared or overlapping territories, and to respect the rights of Indigenous groups not participating in the B.C. treaty process.
A made-in-B.C. treaty negotiations process was created in 1992. Since then, 11 First Nations in B.C. have reached modern treaties with self-government and 28 First Nations groups are now in the advanced stages of negotiation.
READ MORE:
jfeinberg@theprogress.com
Like us on and follow us on .
