The Treaty Process and BC Treaty Commission

Before Canada was a country Britain recognized that the Aboriginal people living here had title to the land and put forth the Royal Proclamation of 1763.  It stated that the British Crown could acquire land from the Aboriginal people but that it must be done through treaties.  This was done with most of Canada but in British Columbia this process was not completed.  At the time British Columbia joined confederation in 1871, only 14 treaties were signed.  This left the rest of the province’s land title unresolved.

Over the years First Nations of British Columbia have continued their petitions to have their rights affirmed and treaties settled.  In 1990 the current treaty process began.  Canada, BC and First Nations created a BC Claims Task Force that provided 19 recommendations that formed the foundation of the treaty process, which the three parties accepted.  In September 1992, First Nations, Canada and BC signed an agreement and thus established the BC Treaty Commission.  By December of 1993, the Treaty Commission began receiving Statements of Intent from First Nations wanting to negotiate treaties with Canada and BC.

The Six Stages of the Treaty Process

Stage One: Statement of Intent
A First Nation wanting to initiate treaty negotiations must file a statement of intent with the Treaty Commission. The statement must:

• identify the First Nation and its members;
• describe the First Nation's traditional territory;
• indicate that the First Nation has a mandate to enter into and represent its members in treaty negotiations; and
• appoint a formal contact person.

Stage Two: Preparation for Negotiations
The three parties confirm their commitment to negotiate a treaty, establish that they have the authority and resources to commence negotiations, have a means of developing their mandates and broadly outline what each of them wishes to negotiate.

By the end of Stage Two, Canada and BC must also submit readiness documents to the Treaty Commission in which they identify community interests in the region and establish ways to address those interests. The table moves on to Stage Three when the Treaty Commission is satisfied that the parties have met these requirements.

Stage Three: Negotiation of a Framework Agreement
The Framework Agreement defines the issues the parties have agreed to negotiate, establishes the objectives of the negotiation, identifies the procedures that will be followed and sets out a timetable for negotiations. The parties expand their public consultation in local communities and initiate a program of public information. 

Stage Four: Negotiation of an Agreement in Principle
Substantive treaty negotiations take place in this stage. Land, resources, self-government and financial components usually form part of the negotiations. The Agreement in Principle sets out the key objectives and elements to be part of the treaty.

Stage Five: Negotiation to Finalize a Treaty
At this stage, outstanding legal and technical issues are resolved. Formal signing and ratification of the agreement brings the parties to Stage Six.

Stage Six: Treaty Implementation
The plans to implement the treaty are put into effect or phased in as agreed. The table remains active to oversee the implementation of the treaty.