Treaty Negotiation

The First Nations Summit: Role in the BC Treaty Negotiations Framework

The First Nations Summit (the “Summit”) was founded in 1990 by BC First Nations to support the establishment of a made in BC treaty negotiations framework (also known as the BC treaty process) to facilitate the reconciliation of Indigenous and Crown title and rights, which is the overarching purpose of the BC treaty negotiations framework.

The Summit’s mandate is to represent the interests of First Nations participating in the BC treaty negotiations framework in addressing obstacles to progress that may be impeding negotiations. In carrying out its mandate, the Summit does not participate in negotiations at any treaty tables. Instead, the Summit carries out its mandate by engaging in advocacy with Canada and British Columbia to address obstacles to progress in the BC treaty negotiations framework and build on successes. Canada, British Columbia and the Summit are the Principals to the BC treaty negotiations framework. The Principals’ Accord concluded on December 1, 2018 commits the Principals to meet at least twice a year to collaborate on addressing issues that may be impeding progress in treaty negotiations.

First Nations in the BC treaty negotiations framework participate in the Summit process to share ideas on how to collectively advance reconciliation of their title and rights with Canada and BC and provide direction to the Summit, through resolutions, on specific obstacles to progress to address.

In working together to advance common interests and address obstacles to progress, First Nations in the BC treaty negotiations framework respect the autonomy and self-determination of all First Nations. A collective strategy developed through the Summit process only applies to those First Nations that opt to have it apply to them.

Not all BC First Nations have chosen to participate in the BC treaty negotiations framework. The Summit respects each First Nation’s right to determine its own pathway to reconciliation.

First Nations participating in the BC treaty negotiations framework have adopted fundamental principles, which form the basis of their discussions with Canada and British Columbia.

The BC Treaty Negotiations Framework

The blueprint for the BC treaty process is set out in the 19 recommendations and the body of the 1991 Report of the BC Claims Task Force, which was endorsed by BC First Nations, Canada and British Columbia.

Following endorsement of the Report of the BC Claims Task Force, Canada, British Columbia and the Summit (the “Principals”) established the BC treaty negotiations framework in 1992 with formation of the BC Treaty Commission (“BCTC”), the neutral, independent keeper and overseer of the framework. Establishment of the BC treaty negotiations framework and the BCTC was accomplished through the 1992 BC Treaty Commission Agreement among the Principals, federal and provincial legislation British Columbia Treaty Commission Act (S.C. 1995, c. 45) and Treaty Commission Act (RSBC 1996), Chapter 461 and through First Nations Summit resolutions and federal and provincial legislation to implement the BC Treaty Commission Agreement.

On September 4, 2019 the Principals endorsed the Recognition of Rights Policy for Treaty Negotiations in British Columbia (the “RRR Policy”). Since its endorsement by the Principals, the RRR Policy serves as an expanded foundation for the BC treaty negotiations framework, which supplements the blueprint set out in the 1991 Report of the BC Claims Task Force.

Pathways to Reconciliation under the BC Treaty Negotiations Framework

The reconciliation of pre-existing First Nations sovereignty, titles and jurisdictions with assumed Crown sovereignty, title and jurisdictions negotiated through the BC treaty negotiations framework is embodied in treaties, agreements and other constructive arrangements.

Flexibility is built into the BC treaty negotiations framework, which provides multiple pathways for achieving the reconciliation of First Nations and Crown sovereignties, titles and jurisdictions. These pathways include:

1. The six-stage process to conclude comprehensive treaties.
2. Incremental or stepping stone approaches to the negotiation of treaties, agreements and other constructive arrangements.
3. Any other process agreed to by the parties.

Regardless of which path a First Nation chooses to take, these treaties, agreements and other constructive arrangements are intended to be grounded in the recognition of First Nations’ pre-existing, inherent rights, and do not extinguish, surrender, or require the modification of their rights, including title, in form or result. Instead, treaties, agreements and other constructive arrangements are intended to be living documents, with agreed upon provisions being capable of evolving over time.

Participation in negotiations under the BC treaty negotiations framework is voluntary and is funded by non-repayable contribution funding through the BCTC.