Certainty, as it relates to treaty making, refers to the need for all parties – each First Nation, Canada and BC – to have clearly defined land ownership and jurisdiction. Achieving certainty is a primary goal of the BC treaty negotiations process. Modern treaties establish clearly defined land ownership and jurisdiction, and foster a new relationship based on mutual respect, trust, and understanding. By improving this relationship and increasing certainty, many of the causes of conflicts over land and resources will be resolved.
What certainty really means is “predictability” – the familiarity that develops from a history of working together. Through interim measures agreements, aboriginal and non-aboriginal communities can start building mutually beneficial governance arrangements, business relationships, land management processes, and other cooperative relationships today. Treaties are not final in the sense that they are meant to signify an ongoing relationship between the parties.
In the past, the Government of Canada required First Nations to “cede, release and surrender” their aboriginal rights in exchange for treaty rights. This is referred to as an “extinguishment model”. The idea of extinguishing aboriginal rights and title, that form the essence of aboriginal culture and identity, is repulsive to aboriginal people and unacceptable to First Nations in the treaty process. It was also rejected by the architects of the Treaty Negotiations process, see the Report of the British Columbia Claims Task Force.