For information on each First Nation in the treaty negotiations process, see negotiations, and for current information on the status of negotiations, please read our latest annual report.
Reconciliation is the collective responsibility of all Canadians. Everyone has a role in supporting reconciliation and learning about our shared history and current efforts to recognize and protect Indigenous rights. Treaty-making is an important part of the fabric of our country.
The BC Treaty Commission is mandated to provide public education and information about modern treaties, agreements and other constructive arrangements. Our frequently asked questions page is meant to be used as a resource for any member of the public looking to learn more about the Commission’s vision, mandate and work.
This section provides more context for anyone looking to increase their knowledge and understanding of modern treaties, agreements and other constructive arrangements.
Treaties constitutionally entrench reconciliation between: First Nations, Canada and British Columbia. Treaties are constitutionally protected, government-to-government agreements that identify, define and implement a range of rights and obligations, creating long-term, mutually binding commitments. Treaties negotiated through the BC treaty negotiations process are tripartite agreements between the governments of Canada, British Columbia, and a First Nation. The goal of treaties is reconciliation. The establishment of a new relationship based on mutual trust, respect, and understanding. Certainty of this relationship is another goal.
Treaties signed with First Nations in Canada between 1701 and 1923 are commonly referred to as historic treaties. In BC, there are Douglas treaties, signed with First Nations on Vancouver Island, and Treaty 8 covering a portion of northeastern BC. Treaties signed today are called modern treaties, and cover where there are no historic treaties, and can also deal with matters not addressed in historic treaties.
Treaties address the unresolved land question in British Columbia.
Before Canada was a country, Britain recognized that Indigenous Peoples living here had title to land. The Royal Proclamation of 1763 declared that only the British Crown could acquire land from First Nations, and that was typically done through treaties. In most parts of Canada, the British Crown established treaties with First Nations before Confederation. The new Dominion of Canada continued this policy of making treaties before the west was opened for settlement, but in BC this process was never completed.
When BC joined Confederation in 1871, only 14 treaties on Vancouver Island (Douglas treaties) had been signed, and aboriginal title to the rest of the province was left unresolved. It wasn’t until 1970 that First Nations in Canada were able to pursue aboriginal rights in the Supreme Court of Canada. With the exception of Treaty 8 and negotiations with the Nisga’a Nation, most First Nations in BC had to wait until 1993 to pursue their aboriginal rights through the BC treaty negotiations process.Section 35 of the Constitution Act, 1982, affirmed that aboriginal title, and the rights that go along with it, exist whether or not there is a treaty. However, Section 35 does not define those rights, and uncertainty about how and where these rights apply can discourage investment and economic development in BC. Treaties provide certainty and will clarify aboriginal rights and title, ownership of BC’s land and resources.
The BC treaty negotiations process is a process of reconciliation. It is a tripartite negotiations process among First Nations, Canada and BC, who are collectively negotiating a treaty. It is a voluntary process of political negotiations. In treaty negotiations, a First Nation does not have to prove aboriginal rights and title – these rights are already recognized and protected by the Canadian Constitution. This is the basis of the negotiations.
The BC treaty negotiations process comprises six stages, and is open to all First Nations in BC. For current information on First Nations in the process, please see Negotiations Update.
The Principals of the BC treaty negotiations process are the Government of Canada, as represented by the Prime Minster of Canada and the Minister of Crown-Indigenous Relations and Northern Affairs Canada and the Government of British Columbia, as represented by the Premier of British Columbia and the Minister of Indigenous Relations and Reconciliation, and the First Nations Summit. The Parties to each negotiation table are the Government of Canada, the Government of British Columbia, and the individual First Nation.
For more information, see Principals and Parties.
The three main roles of the Treaty Commission are:
The Treaty Commission is not a party to the negotiations and does not negotiate treaties. The Treaty Commission is the only tripartite statutory body in the country whose mandate is to support reconciliation. The British Columbia Treaty Commission Agreement and associated legislation states that the primary role of the Treaty Commission is to assist the Parties and the Principals as an independent facilitator of the negotiations.
The Treaty Commission assists in advancing reconciliation through the made-in-BC treaty negotiations process by ensuring the work of the Parties is effective and is making progress.
To do this, the Treaty Commission:
• assists the Parties in developing solutions and in resolving disputes
• observes and reports on negotiations progress and encourages timely negotiations
• chairs key meetings at negotiating tables
• reports publicly on key opportunities and obstacles
• works with the Principals on improving the treaty negotiations process
• monitors and reports on progress and encourages timely negotiations
For information on each First Nation in the treaty negotiations process, see negotiations, and for current information on the status of negotiations, please read our latest annual report.
There are seven First Nations implementing modern treaties that were negotiated in the made-in-BC treaty negotiations process: the five Maa-nulth First Nations, Tla’amin Nation, and Tsawwassen First Nation. Maa-nulth is structured as five independent governments, and is counted as such by the Treaty Commission.
The Nisga’a treaty began negotiations prior to the establishment of the Treaty Commission and negotiations process. There are eight constitutionally entrenched modern treaties in BC when the Nisga’a Treaty is included.
The Yale Final Agreement is ratified by all three Parties, but the effective date has been postponed.
Treaty making cannot be done in isolation. Everyone has a role in reconciliation, including the public. It requires the will of communities to initiate change, to embrace the process of moving forward as British Columbians in a new relationship.
Although the three parties conduct negotiations, the public has a number of important roles and ways to be involved in the BC treaty negotiations process. Learning about the BC treaty negotiations process — and becoming informed about important local issues and our shared history — is a responsibility that must be taken seriously by all British Columbians and Canadians.
Non-aboriginal interests are represented at the negotiation table by British Columbia and Canada. Another important feature of negotiations is the participation of Municipalities and Regional Districts. Intergovernmental relationship between Municipalities/ Regional Districts and First Nations will be an important part of treaties.
The United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) also referred to as UNDRIP, is an international set of standards to protect the rights of Indigenous peoples. As described by the United Nations, the UN Declaration is a “universal framework of minimum standards for the survival, dignity and well-being of the Indigenous peoples of the world and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of Indigenous peoples .” It outlines rights in all areas of life – like human rights, education, language, culture, health and other rights. It was developed in 2007, and Canada fully endorsed the declaration in 2016.
In November 2019, the provincial Bill 41, the Declaration on the Rights of Indigenous Peoples Act (Declaration Act), received Royal Assent in the BC Legislature. British Columbia became the first province or territory in Canada to enact legislation that implements the UN Declaration.
The Declaration Act was developed in collaboration with Indigenous partners. It sets out a process to ensure provincial laws are consistent with the rights defined in the UN Declaration, an action plan to achieve the objectives, and annual reporting on progress. The Declaration Act also includes a provision for the provincial government to enter into agreements with Indigenous governments for joint decision-making and consent.
On June 21, 2021, federal Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, (UN Declaration Act) received Royal Assent. This federal legislation affirms and upholds the rights of Indigenous peoples as recognized by section 35 of the Constitution Act, 1982 and the UN Declaration. It affirms that “the Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration” and develop a national action plan.
The UN Declaration Act further emphasizes that “all relations with Indigenous peoples must be based on the recognition and implementation of the inherent right to self-determination, including the right of self-government” in its preamble.
Modern treaties do not extinguish Aboriginal rights and title.
Aboriginal title and rights continue through treaties, agreements and other constructive arrangements. The Principals agree that the made-in-BC treaty negotiations framework is grounded in the recognition, affirmation and implementation of Aboriginal title and rights.
Affirmed in the Principals’ Accord on Transforming Treaty Negotiations, signed on December 1, 2018:
Therefore, through this Accord, The Principals:
5. Agree that extinguishment and surrender of rights, in form or result, do not have any place in modern-day Crown Indigenous relations, treaty negotiation mandates, treaties or other agreements. Rather, Aboriginal title and rights are continued through treaties, agreements and other constructive arrangements. The Principals agree that the made-in-BC treaty negotiations framework is grounded in the recognition, affirmation and implementation of Aboriginal title and rights. The Principals also agree to support the implementation of existing treaties and treaty rights.
In 2019, the First Nations Summit, and the Governments of BC and Canada introduced the new Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia.
Among other points, this new policy states that:
9. This policy will support, improve, and enable, and not limit, approaches to the negotiation of treaties, agreements and other constructive arrangements between and among Canada, British Columbia and Participating Indigenous Nations in British Columbia that:
a. are grounded in the recognition of the rights of Participating Indigenous Nations;
b. reconcile pre-existing Indigenous sovereignty with assumed Crown sovereignty;
c. do not extinguish the rights, including title of Participating Indigenous Nations, in form or result; and
d. are able to evolve over time based on the co-existence of Crown and Indigenous governments and the ongoing process of reconciliation of preexisting Indigenous sovereignty with assumed Crown sovereignty.
This policy details how negotiations will be grounded in the recognition of Indigenous rights and ownership of Indigenous lands and resources.
The policy was also expanded to support “treaties, agreements, and other constructive arrangements.” This ground-breaking policy is the first tripartite public policy recognizing and protecting Indigenous rights in British Columbia and is a framework to implement the UN Declaration.
The following responses aim to provide deeper understanding of the content being negotiated in a modern treaty.
Self-determination is a core principal of self-government, the BC treaty negotiations process and is also reflected in the United Nations Declaration of the Rights of Indigenous Peoples (PDF).
Under the BC treaty negotiations process, self-government will be established, and administered through the treaty. Self-government provisions may include education, language, culture, police services, health care, social services, housing, property rights, child welfare, and other provisions agreed to by the three parties. A First Nation implementing a modern treaty will be self-governing and will have a constitution and law-making authority over treaty land and provisions of public services. Treaty sets out how the First Nations governance interacts with the Canadian Constitution and the Charter of Rights and Freedoms will apply to First Nations’ governments as it does to all other governments in Canada.
For more on self-government, see Why Treaties: Self-Government.
Treaties signed with First Nations in Canada between 1701 and 1923 are commonly referred to as historic treaties. In BC, there are Douglas treaties, signed with First Nations on Vancouver Island, and Treaty 8 covering a portion of northeastern BC. Treaties signed today are called modern treaties, and cover where there are no historic treaties, and can also deal with matters not addressed in historic treaties.
Under the BC treaty negotiations process, the parties: each First Nation, Canada and BC, may introduce any issue at the negotiation table which it views as significant to the new relationship. Although each treaty negotiation is unique, there will be some commonalities among modern treaties:
Treaties will also establish processes for resolving disputes and making changes to the treaty in the future. To get an idea of the kinds of provisions that may be included in a modern treaty.
For more information, see Treaties.
In urban areas where Crown land is limited, private property available from willing sellers will be critical to achieving treaties.
The following information provides deeper insight into the impact and certainty of modern treaties.
Self-government strives to provide better opportunities for Indigenous people living within their traditional territory, while not excluding those Indigenous people who choose to live elsewhere.
Treaties signed with First Nations in Canada between 1701 and 1923 are commonly referred to as historic treaties. In BC, there are Douglas treaties, signed with First Nations on Vancouver Island, and Treaty 8 covering a portion of northeastern BC. Treaties signed today are called modern treaties, and cover where there are no historic treaties, and can also deal with matters not addressed in historic treaties.
Through treaties, First Nations will acquire a land base and establish a government with powers to access revenues, borrow, receive transfers from other governments and levy taxes. The governments of Canada and BC will seek to gradually eliminate tax exemptions as First Nations move towards greater economic self-sufficiency. For example, the current modern treaty tax exemptions to transaction taxes such as sales tax will be eliminated eight years after the effective date. Exemptions for all other taxes, including income tax, will be eliminated twelve years after its effective date.
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.
Site by Inspired.