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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, as represented by a three-member Task Group.
The Principals are signatories to the BC Treaty Commission Agreement that established the BC Treaty Commission. The Principals’ responsibilities are established by their acceptance and commitment to the 19 recommendations of the Report of the BC Claims Task Force, 1991.
In December 2018, the Principals signed the Principals’ Accord on Transforming Treaty Negotiations in British Columbia. This Accord further strengthens the goals of treaty negotiations: recognition and protection of Aboriginal title and rights, nation-building, and establishing a government-to-government relationship.
In September 2019, the Principals endorsed the Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia which was co-developed by Canada, British Columbia, and the First Nations Summit. The policy makes it clear that negotiations are based on the recognition of the inherent rights of Indigenous peoples.
Rights recognition was always the intention of treaty negotiations. At the 1992 signing of the BC Treaty Commission Agreement, establishing the made-in-BC treaty negotiations process, Chief Joe Mathias proclaimed: “Negotiations, in our view, will not be based on that tired old notion of extinguishment. We will not tolerate the extinguishment of our collective Aboriginal rights. Let us set that clear today.”
The Parties to the negotiations are individual or collective First Nation(s), the Government of Canada, and the Government of British Columbia.
Canada and BC represent non-aboriginal interests at the negotiation table including local officials represent municipalities and regional districts.
The First Nations Summit is not a party to treaty negotiations; it is a forum for First Nations in the BC treaty negotiations process.
The Treaty Commission is not a party to the negotiations; it is the independent facilitator of negotiations.
For the list of First Nations in the BC treaty negotiations process see Negotiations Update.
When the three parties engage in treaty negotiations, they commit as follows:
| The Government of Canada | The First Nation | The Government of BC |
|---|---|---|
| Makes a formal commitment in writing to the First Nation to negotiate a treaty under the BC treaty negotiations process | Makes a formal commitment in writing to Canada and BC to negotiate a treaty under the BC treaty negotiations process | Makes a formal commitment in writing to the First Nation to negotiate a treaty under the BC treaty negotiations process |
| Appoints a Chief Negotiator and a negotiating team | Appoints a Chief Negotiator and a negotiating team | Appoints a Chief Negotiator and a negotiating team |
| Confirms that its negotiators have a comprehensive and clear mandate to negotiate a treaty, and a timely and effective process to develop and modify its mandate throughout the negotiations.This includes the ability to access other government departments | Confirms that its negotiators have a comprehensive and clear mandate from its constituents to negotiate a treaty, and a timely and effective process to develop and modify its mandate throughout the negotiation | Confirms that its negotiators have a comprehensive and clear mandate to negotiate a treaty, and a timely and effective process to develop and modify its mandate throughout the negotiations.This includes the ability to access other government departments |
| Dedicates resources to support an effective negotiating team with cross-departmental support | Dedicates resources to support an effective negotiating team [the Treaty Commission allocates First Nation Negotiation Support Funding to financially support negotiating requirements] | Dedicates resources to support an effective negotiating team with cross-departmental support |
| Adopts a ratification procedure for how agreements will be approved | Adopts a ratification procedure for how agreements will be approved | Adopts a ratification procedure for how agreements will be approved |
| Identifies the substantive and procedural matters for treaty negotiations, which are set out in a Framework Agreement that is the “table of contents” for the negotiations | Identifies the substantive and procedural matters for treaty negotiations, which are set out in a Framework Agreement that is the “table of contents” for the negotiations | Identifies the substantive and procedural matters for treaty negotiations, which are set out in a Framework Agreement that is the “table of contents” for the negotiations |
| Establishes mechanisms for consultation with non-aboriginal interests | Addresses overlapping and shared territory issues with neighbouring First Nation | Establishes mechanisms for consultation with non-aboriginal interests |
| The Government of Canada |
|---|
| Makes a formal commitment in writing to the First Nation to negotiate a treaty under the BC treaty negotiations process |
| Appoints a Chief Negotiator and a negotiating team |
| Confirms that its negotiators have a comprehensive and clear mandate to negotiate a treaty, and a timely and effective process to develop and modify its mandate throughout the negotiations.This includes the ability to access other government departments |
| Dedicates resources to support an effective negotiating team with cross-departmental support |
| Adopts a ratification procedure for how agreements will be approved |
| Identifies the substantive and procedural matters for treaty negotiations, which are set out in a Framework Agreement that is the “table of contents” for the negotiations |
| Establishes mechanisms for consultation with non-aboriginal interests |
| The First Nation |
| Makes a formal commitment in writing to Canada and BC to negotiate a treaty under the BC treaty negotiations process |
| Appoints a Chief Negotiator and a negotiating team |
| Confirms that its negotiators have a comprehensive and clear mandate from its constituents to negotiate a treaty, and a timely and effective process to develop and modify its mandate throughout the negotiation |
| Dedicates resources to support an effective negotiating team [the Treaty Commission allocates First Nation Negotiation Support Funding to financially support negotiating requirements] |
| Adopts a ratification procedure for how agreements will be approved |
| Identifies the substantive and procedural matters for treaty negotiations, which are set out in a Framework Agreement that is the “table of contents” for the negotiations |
| Addresses overlapping and shared territory issues with neighbouring First Nation |
| The Government of BC |
| Makes a formal commitment in writing to the First Nation to negotiate a treaty under the BC treaty negotiations process |
| Appoints a Chief Negotiator and a negotiating team |
| Confirms that its negotiators have a comprehensive and clear mandate to negotiate a treaty, and a timely and effective process to develop and modify its mandate throughout the negotiations.This includes the ability to access other government departments |
| Dedicates resources to support an effective negotiating team with cross-departmental support |
| Adopts a ratification procedure for how agreements will be approved |
| Identifies the substantive and procedural matters for treaty negotiations, which are set out in a Framework Agreement that is the “table of contents” for the negotiations |
| Establishes mechanisms for consultation with non-aboriginal interests |
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