37
Interests in Treaty Making of the Fraser Valley Treaty Advisory Committee FVTAC Approved Draft August 1999 Fraser Valley Treaty Advisory Committee FVTAC 1.800.528.0061 Tel: 702-5060 Fax: 792-9684 [email protected] www.fvrd.bc.ca/TAC/home

Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

  • Upload
    dinhdat

  • View
    218

  • Download
    2

Embed Size (px)

Citation preview

Page 1: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Interests in Treaty Making of the Fraser Valley Treaty

Advisory Committee

FVTAC Approved Draft August 1999

Fraser ValleyTreaty AdvisoryCommittee

FVTAC1.800.528.0061Tel: 702-5060Fax: [email protected]/TAC/home

Page 2: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

The Fraser Valley Treaty Advisory Committee (FVTAC)

The FVTAC is a Committee of elected officials, staff, and observers which represent all thejurisdictions in the Fraser Valley Regional District, including six municipalities, eight electoralareas, and the Regional District itself. The FVTAC is not a party to the negotiations, but itrepresents local government interests in the BC treaty process, through membership as a fulladvisor on the Provincial Negotiating Teams. The FVTAC is coordinated by staff AboriginalAffairs Coordinator, Tamara Little.

1999 FVTAC MembershipExecutiveChair - Councillor Clint Hames, (City of Chilliwack) Vice-Chair - Mayor George Ferguson, (City of Abbotsford) FVRD Chairman John Les (City of Chilliwack) - Sto:lo Table RepresentativeCouncillor Jim Killer (Village of Harrison Hot Springs) - In-SHUCK-ch N’Quat’qua TableRepresentativeDirector Walter Kassian (FVRD) - Yale Table RepresentativeMembersDirector Rick Aitchison (FVRD) Mark Brennan, Administrator (Village of Harrison Hot Springs) Hedda Cochran, City Manager (City of Abbotsford) Councillor Al Fraser (District of Kent) Mayor Randy Hawes (District of Mission) Tony Lewis, Clerk/Treasurer (District of Kent) Bob Moore, Administrator (FVRD) Councillor Sylvia Pranger (District of Kent)Glen Robertson, Administrator (District of Mission) Councillor Patricia Ross (City of Abbotsford) Councillor Phyllis Stenson (Village of Harrison Hot Springs) Phil Taylor, Administrator (District of Hope) Ted Tisdale, Administrator (City of Chilliwack)Mayor Wilfried Vicktor (District of Hope) ObserversCommissioner Ruth Midzain (Cultus Lake Park Board) Malcolm Shanks (Cultus Lake Park Board) Councillor Karen Kersey (Lower Mainland Treaty Advisory Committee) David Didluck (Executive Director, Lower Mainland Treaty Advisory Committee) AlternatesCouncillor Randy Bergstrom (District of Hope)Councillor Ed Fast (City of Abbotsford) Councillor Moe Gill (City of Abbotsford) Councillor Patsy Graham (Village of Harrison Hot Springs) Director Eric LeBlanc (FVRD) Mayor Don Ramsay (Village of Harrison Hot Springs) Director Frank Sobkowich (FVRD) Councillor Arlene Webster (District of Hope)

Page 3: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

TABLE OF CONTENTS

1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.1 FVTAC Interests in Treaty Making . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.2 For More Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.3 The Fraser Valley Treaty Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.4 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.5 Audience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.6 1999 Plan for Identifying FVTAC Interests in Treaty Negotiations . . . . . . . . . . . . . . . . . . . . . 7 1.7 Methodology and Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.8 Specific Interest Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 1.9 Provincial Requirements in General and Specific Interest Identification . . . . . . . . . . . . . . . . . 9

2 Guiding Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 General Interests in Substantive Treaty Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

3.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3.2 Governance and Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

3.2.1 Jurisdiction of First Nations Governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3.2.2 Intergovernmental Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3.2.3 Harmonization of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3.2.4 Dispute Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3.2.5 Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.2.6 Land Use Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.2.7 Regional Provincially Mandated Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.2.8 Eligibility and Enrollment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.2.9 Policing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.2.10 Environmental Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3.3 Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.3.1 Certainty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 3.3.2 Treaty Settlement Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3.3.3 Expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.3.4 Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.3.5 Parks and Protected Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

3.4 Fiscal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.4.1 Affordability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.4.2 Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.4.3 Own Source Revenue and Fiscal Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

3.5 Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3.5.1 Subsurface Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3.5.2 Forestry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 3.5.3 Wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.5.4 Fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.5.5 Cultural and Heritage Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 3.5.6 Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

4 Tracking FVTAC Interests at the Treaty Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 4.1 Guide to Tracking FVTAC Interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Page 4: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

5 Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Appendix A - All Traditional Territories of First Nations in the BCTC . . . . . . . . . . . . . . . . . . . . . . 25 Appendix B - Yale First Nation Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Appendix C - In-SHUCK-ch N’Quat’qua First Nation Traditional Territory . . . . . . . . . . . . . . . . 29 Appendix D - Sto:lo First Nation Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Appendix E - Katzie First Nation Traditional Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Appendix F - Draft Checklist Local Government Interests in Yale and Sto:lo Negotiations . . . . . 35 Appendix G - FVTAC Brochure and Table Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Page 5: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

FVTAC

Interests in Treaty Making of theFVRD Local Governments

FVTAC Approved Draft August 1, 1999

1 Introduction

1.1 FVTAC Interests in Treaty Making

This paper outlines the interests of the local governments in the Fraser Valley Regional District intreaty making. The paper is a result of numerous Treaty Advisory Committee workshops oninterest identification held from 1996 through 1998. Additionally, the paper was reviewed indetail during three full FVTAC meetings over the summer of 1999. This document went throughthree drafts, all of which were public, and all of which were reviewed in a public setting withrepresentatives from the Provincial Negotiating Team present to hear discussion and provideclarification. It will be formally presented to the BC Chief Negotiator in August. It will also becirculated to all FVTAC member jurisdictions for their consideration and comment. This is apublic document which will be used to articulate the FVTAC’s interests in treaty making to thepublic and media.

This document represents the current interests of the FVTAC, but is to be considered anevolutionary document, open to feedback from municipal councils or other members of theFVTAC or the TAC itself.

1.2 For More Information

For information on this paper, or on the role of local government in the treaty process, pleasecontact the Fraser Valley Treaty Advisory Committee or its staff person, Tamara Little, at1.800.528.0061 or visit the FVTAC website at www.fvrd.bc.ca/tac/tac. The FVTAC welcomespublic input and inquiries into its role representing local government interests in the treatyprocess.

1.3 The Fraser Valley Treaty Advisory Committee

A Treaty Advisory Committee (TAC) is a committee of elected officials and local governmentstaff designated by their jurisdictions to represent local government interests in the treaty process.TACs sit as part of the Provincial Negotiating Team as a full advisor through a Memorandum ofUnderstanding between the Provincial Ministry of Aboriginal Affairs and the UBCM. A TAC isnot a party to negotiations, but rather informs the Provincial negotiators directly of any local

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 5 of 37

Page 6: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

government interests in the policies or mandates of treaty making, the content of specific chapters,or issues relating to land selection in the treaty process. The FVTAC also serves to keep itsmember jurisdictions apprised of key Aboriginal law and policy issues as they relate to treaties.The FVTAC is funded primarily by its member jurisdictions, with additional funding provided bythe Provincial Ministry of Aboriginal Affairs.

The Fraser Valley TAC is a Committee of 31 staff, observers, and elected officials whichrepresent all jurisdictions within the Fraser Valley Regional District, including all sixmunicipalities, eight electoral areas and the Regional District itself. A Commissioner and staffperson from the Cultus Lake Park Board and the neighbouring Lower Mainland Treaty AdvisoryCommittee (LMTAC) are also appointed as observers. For each jurisdiction an elected politicalappointee has voting rights as well as a staff appointee who may be a member but does not havevoting rights. These appointments are for one year periods.

The FVTAC is currently chaired by Councillor Clint Hames of the City of Chilliwack who issupported by Vice-Chair Mayor George Ferguson and an Executive Committee includingChairman John Les, Councillor Jim Killer and Director Walter Kassian. It is administrated by theFVRD's Aboriginal Affairs Coordinator, Tamara Little. The TAC office is located at the FraserValley Regional District office.

The FVTAC was created in 1995, since which time it has been active at three negotiating tables -the In-SHUCK-ch N’Quat’qua, Sto:lo and Yale tables. The TAC assigns a representative foreach table to sit with the Provincial team and advise them and report to the full TAC on tableactivity.

For a map of the traditional territories of the First Nations involved in treaty negotiations, pleasesee Appendix A through E.

1.4 Objectives

The objectives of this Interests in Treaty Making paper are to:! express the Guiding Principles the FVTAC supports and believes should be integrated into

treaties negotiated with First Nations in the Fraser Valley Regional District;! catalogue and clarify the General Interests local government has in the substantive elements of

Agreement in Principles and Final Agreements as negotiated under the BC Treaty Process;! provide a mechanism to track how local government advice is considered and implemented by

the Provincial Team at the negotiating table.

1.5 Audience

There are three audiences for this paper:

FVTAC Membership This paper will solidify the FVTAC’s understanding of its interestsand Member Jurisdictions by clarifying and organizing the considerations of the FVTAC over

the last four years;The Public This paper will serve as a presentation of local government interests

in treaty making as researched and expressed by the FVTAC;The Provincial As a full member and advisor to the Provincial Negotiating Team

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 6 of 37

Page 7: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Negotiating Team working to negotiate treaties in the Fraser Valley and the FraserValley Regional District, it is incumbent upon the FVTAC tocommunicate its interests and the interests of the constituencies itrepresents to the Parties at the table. This document will assist theProvincial Team by clearly presenting the interests of the FVTAC,as they relate to treaty making.

1.6 1999 Plan for Identifying FVTAC Interests in Treaty Negotiations

In February 1999 the FVTAC endorsed a plan for identifying General and Specific Interests intreaty making as submitted by the Aboriginal Affairs Co-ordinator titled 1999 Plan for IdentifyingFVTAC Interests in Treaty Negotiations. It emphasizes the importance of articulating GuidingPrinciples and General Interests in treaty making to the Provincial Negotiating Team and thepublic.

The plan identifies four key objectives:! Presentations to Councils on the FVTAC and Interest Identification process! Facilitation of Specific Interest Identification process at Municipal level where appropriate! Update of FVTAC General Interests Paper to address current AiP status of some BC treaties! Promotion of General and later Specific Interests to Provincial Negotiating Team

Through these activities, the FVTAC’s interests will be identified, articulated, and promoted tothe Provincial Team and the public.

This paper meets the requirement of the third objective of updating the General Interests toaddress current AiPs being negotiated in the Fraser Valley Regional District.

Updating the FVTAC General Interests

As substantive Agreement in Principle negotiations in the Fraser Valley progress, and FirstNations, provincial, and federal policies change, so will local government interests vis a vis treatymaking. This document will be revised and updated accordingly.

1.7 Methodology and Context

In 1992 the Union of BC Municipalities (UBCM) and the Ministry of Aboriginal Affairs signed aMemorandum of Understanding on local government involvement in treaty negotiations. In 1995the FVTAC was formed to represent the interests of the jurisdictions of the Fraser ValleyRegional District in treaty negotiations. Its goal specifically is to identify, detail and prioritizelocal government interests throughout the Fraser Valley Regional District as they relate to TreatyNegotiations, and to provide those interests to the Provincial Negotiating Team. As a mechanismof gathering these interests, a process of Interest Identification was chosen.

This process was based on a model defined by the UBCM through a paper Defining the LocalGovernment Interest: An Approach to Development of Treaty Negotiation Interests. To furtherthe objective of identifying local government interests, the FVTAC assembled a Workplan in 1997

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 7 of 37

Page 8: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

July 1996 Interest Identification

In July 1996 the FVTAC invited Cornerstone Planning Group, an organization that had beeninvolved in Interest Identification with the UBCM and other TACs in BC, to facilitate the initialtask of listing key interests under the format suggested by the UBCM. This resulted in “DefiningLocal Government Interests: Summary of the FVTAC Worksession,” which lists principles andGeneral Interests which spoke primarily to policy and mandates in the treaty process.

July/August 1997 Interest Identification

The following July, the FVTAC held another workshop chaired by Chairman Hames, with thepurpose of further defining the interests of local government in the Treaty process. With theassistance of resource staff and senior Provincial staff working on treaty issues and mandates, theFVTAC addressed the following interest topics:! Governance/Jurisdiction! Infrastructure/Services! Lands/Resources! Revenue/Taxation/Fiscal Arrangements

The process of identifying interests from a FVTAC perspective has been a successful one: theTAC has a good idea of what key General local government interests must be brought to theNegotiating Table by the FVTAC table representatives.

1999 Interest Identification

In late 1998 the FVTAC hired an Aboriginal Affairs Co-ordinator and General InterestIdentification became a key priority for this position. Throughout early 1999, the AboriginalAffairs Co-ordinator (AAC) reviewed the previous documents and minutes from sessions whereGeneral Interests were identified. This current General Interests Paper represents the combinationof all the previous FVTAC interests and new interests that have arisen since the FVTAC wasaccepted as a full member of the Provincial Team at the In-SHUCK-ch N’Quat’qua negotiatingtable. At this table, the FVTAC is asked to review and submit input on substantive Agreement inPrinciple chapters.

As the In-SHUCK-ch N’Quat’qua table progresses to an initialled AiP targeted for fall 1999, theYale table begins to accomplish substantive work on AiP chapters, and the Sto:lo table begins toconsider an increased level of activity, it is essential that the FVTAC’s general interests are clearlyarticulated to the Province. This document represents the first iteration in this process.

! Lands/Resources! Governance and Jurisdiction! Infrastructure and Services

! Revenue, Taxation and FiscalArrangements

! Intergovernmental liaison, PublicConsultation and Public Education

that set forth a mechanism that used subcommittees to address specific aspects of localgovernment interests expected to be impacted by treaties.

Committees:

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 8 of 37

Page 9: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

1.8 Specific Interest Identification

As treaty tables progress to a land selection stage, where Crown land and fee simple land (wherethere is a willing seller and willing buyer) is chosen to become part of the First Nation TreatySettlement Land, it is increasingly important for local government to identify their own specificinterests in Crown land. This process will be accomplished by assessing key current andlong-term land based interests that municipalities and electoral areas may have, and identifyingthem in a confidential manner under the guidance of the FVTAC. These interests will becatalogued and prioritized according to needs expressed by the Provincial Negotiating Teams, andsubmitted to the Provincial Teams for consideration. It is the hope of the FVTAC that theseSpecific Interests, once identified for the Provincial Team, will be considered exempt frompossible transfer to First Nations, both in terms of land title and jurisdiction. The FVTAC hasheard this commitment by the Province and feels confident that these principles will continue toinform the Provincial negotiations.

Specific Interest identification is a complicated and sensitive process that will require thecommitment of considerable effort and resources on behalf of local government and the FVTAC.It is, however, essential to ensure that long-term local government goals in terms of land useplanning, infrastructure building, and governance are accommodated in the treaty process,particularly in the establishment of First Nations Treaty Settlement Lands and First Nationsself-government and jurisdiction. This process will be undertaken with full consultation with theProvincial team as treaty tables progress towards land selection.

1.9 Provincial Requirements in General and Specific Interest Identification

The FVTAC represents its interest in treaties through the Provincial Negotiating Team, to whichit is an advisor. It is not a party to the negotiations independently; however, it is technically fullmember of the Provincial Negotiating Team. Therefore, it is essential that the FVTAC work withthe Provincial Negotiators to ensure they carry its interests forward.

The Provincial Team and General Interests

The FVTAC is invited to provide comment on early drafts of both Agreement in Principlechapters as well as the interest statements that serve to form joint principles for chapters. ThisGeneral Interest Paper will be a primary mechanism by which the FVTAC articulates localgovernment interests as they relate to AiP and Final Agreement negotiations. This paper will bepresented to the Provincial Negotiating Teams and formally reviewed with them to provide anopportunity for them to seek clarification or more information from the FVTAC. In addition, asindividual AiP and FA chapters progress, the FVTAC, through its table representatives, willcontinue to promote General Interests by remarking specifically on those chapters.

The Provincial Team and Specific Interests

The Provincial Team has provided a “Draft Checklist of Local Government Interests in Yale andSto:lo Negotiations” (see Appendix F) that indicates the types of information and mapping theyrequire for use at negotiating tables. This will serve to guide the development of local

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 9 of 37

Page 10: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

government Specific Interests. As the Interest Identification process continues, the AAC willwork with Provincial Negotiators to update and add to this list.

2 Guiding Principles

There are a number of Guiding Principles that inform local government interests in treaty making.These principles provide the context for other more Specific Interests related to topics covered inAgreement in Principles and Final Agreements. They do not point to Specific Interests inAgreement in Principles or clauses therein, but rather illustrate overarching principles that serve tounify and summarize General Interests. General Interests serve to more specifically illustrate alocal government interest in particular clauses or concepts embodied in an element of anAgreement in Principle or Final Agreement.

FVTAC Supports the FVTAC does, in general, support the current process byTreaty Process which treaties will be negotiated in British Columbia. The

FVTAC may not, however, always support individualaspects of the treaty process or specific treaty agreements, norwill the FVTAC always endorse the Provincial mandates fortreaty negotiation. The FVTAC considers itself a full member ofthe Provincial Negotiating Team and will work to contribute tothe process of treaty making.

Application of the Charter The Canadian Charter of Rights must continue to apply to allcitizens of Canada.

Recognition of Section 35 The FVTAC supports the affirmation and protection ofAboriginal Rights as articulated in Section 35 of the ConstitutionAct.

Role of TAC The FVTAC is the body designated to speak to localgovernment interests in the treaty process. The FVTACrecognizes there is an important role for individual jurisdictionsto play in treaty making and possibly in the creation of interimmeasures and other interim agreements. However, the parties atthe negotiating table must respect the FVTAC as the body thatreceives and forwards the interests of the local governmentswithin the Fraser Valley Regional District.

Continued Involvement of The FVTAC encourages the Province to consider formal LocalGovernment opportunities to continue to involve local government

in post-treaty implementation to ensure that local governmentparticipation and consultation does not end with the signing of aFinal Agreement.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 10 of 37

Page 11: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Certainty Treaties must result in certain and final definitions of AboriginalRights, and a final and exhaustive listing of powers that FirstNations Governments may exercise. Treaties must be full andfinal settlements of any specific or comprehensive land claims,and result in a final definition of lands and resources over whichFirst Nations Governments will have ownership and/orjurisdiction.

Efficiency in Governance The creation of efficient and effective First Nations governancestructures is a key interest for neighbouring local governments.Unnecessary bureaucracy and complicated systems that replicateregulatory or servicing bodies already established in localcommunities should be avoided. Treaties must provideopportunities for First Nations and non-First Nations people towork together to provide services in creative ways to maximizeefficiency while maintaining the goal of Aboriginal control overgovernance of their communities and the need for programsdelivered in culturally sensitive ways. Economies of scale shouldbe considered.

Full Access to Treaty Rights In more urban areas there is a possibility that First NationsBy All First Nations Citizens citizens will neither reside nor work on Treaty Settlement Lands.

The Aboriginal Rights and Title of all First Nations people mustbe met through the treaty process, and accommodation must bemade to address the interests of off-TSL citizens. Treaties mustcreate no disincentives for First Nations citizens to fullyparticipate in the larger society.

Consistency of Standards Harmonization and consistent standards of service must be aresult of treaty making. Programs should be delivered in amanner consistent throughout local regions. The FVTAC has aparticular interest in ensuring that standards for hard services aremaintained throughout the Regional District. Land use planningmust continue to address regional needs, not only those ofindividual jurisdictions. There must be certainty in land useplanning as well as consistency between First Nations lands andthose of neighbouring jurisdictions. The FVTAC endorses alltreaty and non-treaty initiatives that encourage communication,notification, and consultation on land use issues between FirstNations and local governments.

Tax Base Protection At the end of treaty making, there must be zero net costs toFor Local Governments local governments. Specifically, this means there should be

adequate compensation for municipal and regional servicesrendered by a local government on TSL. The FVTAC

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 11 of 37

Page 12: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

recognizes the importance of designating a land base over whichFirst Nations have jurisdiction as Treaty Settlement Lands.Municipalities are bound by the financial stability provisions ofthe Municipal Act. Maintenance of a stable and adequate taxbase that can support the services local governments provide totheir constituencies is also a priority. Once treaties arecompleted, there must be certainty that the changes injurisdictions that impact local government are also complete.

Local Government Any crown land which has a local government interest shouldInterests In Crown Land be preserved and respected by the Crown.

Economic Opportunities The treaty process must result in stronger, healthier First For First Nations Nations communities with increased opportunities to engage in

the broader economic system. The FVTAC supports elementsof treaties that provide and encourage an integrated economy.Land tenure systems on Treaty Settlement Lands must bedeveloped in a way that addresses potential commercial andeconomic needs. Use of the BC Land Registry should beencouraged. First Nations governance must make fiscalresponsibility and full participation in a Canadian economyparamount. The First Nations desire for communal ownership ofTreaty Settlement Land must be balanced against theexpectations of the broader economic system.

Balance of First Nations The FVTAC supports treaty settlements for First Nations thatNeed for Self-Governance ensure opportunities for all citizens to participate in aWith Democratic Rights of democratic government that governs them. Right to vote mustAll Citizens not be denied because of lack of membership in a particular

group. Taxation of a population should only be permitted if thatgroup has opportunities to vote on how the taxes are used andto elect their governing officials. The FVTAC endorses agovernance structure that addresses the importance of allcitizens who live on or hold interests in Treaty Settlement Landsto vote for their elected officials who make relevant decisionsthat affect them on local issues. However, the FVTAC alsorecognizes the concern First Nations may have thatnon-Aboriginal people may, due to economic needs, represent alarge proportion of Treaty Settlement Land populations, andcould significantly affect the nature of government and lawmaking on these lands. A balance between these two interestsmust be sought.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 12 of 37

Page 13: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Application of Provincial Provincial and federal standards in areas such as health,and Federal Standards environment, building codes, etc. must be followed or replicated

on Treaty Settlement Lands. Enforcement of standards shouldbe done by an external body to that which provides the serviceto ensure no conflicts of interest.

Open, Transparent, The FVTAC strongly believes that for treaties to be successfuland Accessible to the Public in BC, they must be negotiated in as open and accessible a

manner possible. To ensure this, the three parties must engagein public education, open debate, and effective communicationstrategies to ensure the public may access information that isappropriate to them. Financial and other support of the publicunderstanding of treaty issues must be made by the three parties. The FVTAC will encourage and supplement this access toinformation where appropriate, but does not accept that ensuringthat public education and open discussion of treaty issues occursis a local government responsibility.

ConsultationWith Third Parties: Those third parties who may be more specifically impacted by

treaty making must be sought out and consulted in an ongoingway. They must be offered meaningful opportunities to beeducated by Provincial negotiators about and comment onelements of treaties.

With Local Government: Currently, there is no formal requirement for local governmentto consult or make referrals to First Nations, as they would withneighbouring local governments. However, the FVTACwelcomes opportunities to engage in mutual consultation withFirst Nations Governments. In the event that First Nationsjurisdiction is negotiated off TSL, (e.g. Special First Nation’sManagement Areas), consultation with local governments overdecisions in those areas must be ensured by the treaty. Thisconsultation will be based on the concept of “good neighbours.”For further clarity, consultation may entail such things asnotification (i.e. exchanges of information in advance of decisionmaking or a simple referral process which notifies governmentsof planned activity and provides them with an opportunity tomake further inquiries or note their concerns, similar to a bylawreferral process); or fuller consultation such as invitations tocomment on planned activities, direct meetings with betweenlocal government and First Nations representatives to brief themof planned activities in these areas (both activities that will likelyaffect local government as well as activities of a scale likely to beof interest to local government, despite any immediate impactson contiguous lands).

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 13 of 37

Page 14: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Regionally Mandated In the areas where services are delivered by local governmentsRegionally Delivered in a regional fashion (i.e. by a regional district) to the benefit ofPrograms all citizens, First Nations should be required to participate in the

decision making, regulations, and funding of such programs. Inthese cases, services affect all area residents, and delivery ofprograms regionally realizes beneficial economies of scale.Examples of this include Regional Growth Strategies, RegionalParks, Solid Waste Management, Hazard Assessment (i.e.geotechnical reports on land slide and avalanche risks), and AirQuality Management. In some cases the Provincial government has mandated thatthese programs must be delivered in this regional fashion (i.e.solid waste management). In all these areas, there is a regionalapproach to the jurisdiction, coordinated through a regionaldistrict. These programs are of a regional nature and benefit allcommunity members, including First Nations citizens; all citizens should have representation on these issues, and assist inthe funding of such areas.

3 General Interests in Substantive Treaty Issues

3.1 Introduction

The interests documented and explained in this paper are linked directly to the type of substantiveissues covered in standard Stage 4 Agreement in Principle treaty documents. In this way, theFVTAC is able to specifically address its interests in negotiations, recognizing that there isvariation in the nature of each First Nation’s Framework Agreement and eventually its Agreementin Principle and Final Agreements.

The FVTAC accepts that some of its interests expressed in this paper may be best met inprocesses separate from the treaty negotiation process itself. However, these interests areexpressed here because the treaty table is the primary mechanism by which First Nationsself-government and land claims interests are being addressed. The FVTAC and membermunicipalities are prepared to work with First Nations in many forums to ensure the quality oflife, environment, and economic health of its communities are maintained and increased.

This section is organized according to broad categories (e.g. jurisdiction, lands, resources), underwhich there are substantive issues akin to those normally addressed by specific Agreement inPrinciple chapters (e.g. First Nation governance, courts, fisheries).

3.2 Governance and Jurisdiction

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 14 of 37

Page 15: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

3.2.1 Jurisdiction of First Nations Governments

! The FVTAC supports the granting of powers to First Nations in the areas of local governancethat do not extend beyond those exercised by local governments under the Municipal Act.

! The FVTAC appreciates that First Nations Governments may have an interest in securingjurisdiction over some areas that are currently under provincial or federal jurisdictions, as aresult of their particular needs to ensure culturally appropriate programs and services aredelivered, and to address what is understood as Aboriginal Rights.

! However, the FVTAC has grave concerns about the potential paramouncy of First Nationsjurisdictions over those of the province and federal government. It also has concerns over theapplication of laws to individuals who may not have adequate opportunities to elect thelawmakers.

3.2.2 Intergovernmental Relations

! It is essential that effective working relationships based on mutual respect and understandingbe fostered by the treaty process to ensure that all local and First Nations governmentsmaximize opportunities for cooperation post-treaty. It is local government that will remain asa constant and close neighbour to First Nations governments after federal and provincialadministrations complete treaty making.

! Provisions for Intergovernmental Relations must be generated with the full participation oflocal governments through Treaty Advisory Committees, despite the level of interest in such aproject by any particular First Nation or treaty table. Creative and new methods of promotingharmonization and meaningful communication between local governments and First Nationsgovernments must be encouraged at the treaty table. Consideration of Municipal Act reformmay be necessary to provide for additional representation by First Nations in RegionalDistricts or as municipalities. The FVTAC has an interest in seeing all Provincial Ministrieswork together to make the institutional and legislative changes necessary to encourage suchharmonization.

! Similar models of local governments and First Nations intergovernmental relations should bedeveloped at each table, to ensure that each local government relate in a similar fashion toeach First Nation.

! The FVTAC supports the model for considering intergovernmental relations being undertakenby the Intergovernmental Relations Working Group at the In-SHUCK-ch N’Quat’qua table.

3.2.3 Harmonization of Standards

! Local governments adhere to various standards and codes set out by federal, provincial andlocal governments. Treaties should encourage harmonization of standards on and off TreatySettlement Land.

3.2.4 Dispute Resolution

! The FVTAC appreciates that local government is not a party to treaty negotiations andtherefore no mechanisms of dispute resolution provided in the treaty are available to itsjurisdictions. However, the FVTAC anticipates there may be some potential future need forsuch a mechanism to solve disagreements on issues with First Nations governments. Local

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 15 of 37

Page 16: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

government would prefer to have opportunities beyond the court available to address thesesituations, should they occur.

! A process by which First Nations and local governments solve differing interests in land useplanning and potential zoning decisions that may have transboundary impacts, especially incontiguous regions, should be considered.

3.2.5 Services

! When First Nations and local governments make arrangements for servicing for fees, standardassessment systems must be recognized and used. It is the recommendation of the FVTACthat, for these and related tasks, the BC Assessment service be used to ensure equality inpayment for services received.

! There are some services offered by local governments that are provided based on use, notresidence. For instance, local government provides up to 40% of capital costs of health carecentres, which First Nations citizens will be eligible to use. Treaties should provide amechanism by which providers of these services receive input, and, where appropriate,reimbursement.

! When treaties are negotiated with First Nations who currently have servicing agreementcontracts with local governments, there must be some type of transition provided for in thetreaty to ensure that servicing and payment continue until a new arrangement is made. Incases where there are outstanding debts to local government for services rendered to FirstNations, these debts must be paid at the time of the completion of treaties.

3.2.6 Land Use Planning

! Mutual notification of land use planning initiatives and land code changes should be made byFirst Nations Governments and local governments to ensure satisfactory coordination. Thesigning of protocols to this effect should be encouraged at the treaty table as part ofIntergovernmental Relations development. This process would not only ensure localgovernment knowledge of First Nations projects on TSL, but would also be a mechanism bywhich First Nations governments would receive notification on local government landmanagement that would potentially affect them.

3.2.7 Regional Provincially Mandated Programs

! There are many regional services offered to communities, including First Nationscommunities, that are less tangible in terms of direct benefits to individuals. These programsare often mandated by the Province to be delivered by local governments in a regional fashion. Examples of this are Solid Waste Management, Regional Parks, and Regional GrowthStrategy (including transportation planning).

! These programs must be undertaken by local governments at a regional level to ensuremaximum efficiency in service delivery and maximum participation by residents.

! In most cases where advisory boards exist for these services, there are currently opportunitiesfor formal First Nations participation and involvement. However, there is no obligation forFirst Nations to fully participate in these programs and no opportunity to enforce regulationson reserves.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 16 of 37

Page 17: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

! Treaties should provide a harmonization of regulations for regionally mandated programsthrough opportunities for programs to apply on and off TSL.

Other Programs of General Application

! In some cases regional programs are not mandated by the Province, but rather taken up byregional districts and their members to improve the quality of life of residents. Examples ofthese may be soft services like regional recreation centres.

! There must be no “opting out” by First Nations of programs of regional general benefit.Consultation with First Nations on these programs must occur, as well as reimbursement ofcosts to run programs.

! The cost of soft services such as library and recreation, which all citizens may access, shouldbe shared with First Nations. Mechanisms in the treaty should be considered to address thesetypes of services.

Regional Growth Strategy

! First Nations growth issues should be included in the Regional Growth Strategy (RGS) of theFraser Valley, a process legislated under the Municipal Act. Growth issues affect allcommunities, regardless of treaties. Issues such as air quality, transportation needs, andeconomic development are both impacted by and impact Aboriginal and non-Aboriginalcommunities. For this reason it is essential that First Nations be involved more formally in theRGS. This should include information sharing of a technical nature as well as opportunities tohear their visions for growth in their communities.

! First Nations Governments must see themselves as part of larger regions, not enclaves, andshould work with neighbouring jurisdictions to address issues related to managing growthtogether.

! As one TAC member put it, “we would like to participate and would like [First Nations] toparticipate and that way both have input into it - we all have to live in the land together.”

Agricultural Land Reserve

! Agricultural Land Reserve (ALR) lands that become designated as Treaty Settlement Landmust be not be removed from the ALR without due process.

! The FVRD has heard this commitment made by the Province, and hopes the Provincecontinues to maintain and promote this interest.

! The Agricultural Land Reserve (ALR) is an essential mechanism that ensures the Valley’smost fertile land agricultural is protected. The FVTAC appreciates that First Nations citizensand Governments will need a diverse land base to ensure adequate economic opportunitiesand housing. However, the continued health of land for agricultural activities is anoverarching need for all British Columbians. Lands currently held in ALR must continue to bedesignated as such after transfer to First Nations as Treaty Settlement Land. All existingavenues for appeal should be available to First Nations Governments. Repeal of ALR statusto TSL, however, should not be undertaken through the treaty negotiating process.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 17 of 37

Page 18: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

3.2.8 Eligibility and Enrollment

! The FVTAC has an interest in certainty in the treaty process. A mechanism that provides foran exhaustive listing of those whose Aboriginal Rights are being addressed through a treaty isessential to ensure this certainty.

3.2.9 Policing

! Local governments would prefer to see policing needs of First Nations Governments met bythe policing agencies currently used in that region. Training in First Nations laws and culturalneeds could be integrated into the training of these agencies to better meet First NationsGovernments’ needs. This would create a more efficient service, and create consistency andclarity of jurisdictional boundaries.

! Policing on reserve lands is done in different ways throughout the Fraser Valley. In somecases, such as Matsqui First Nation, the municipality provides servicing for a fee. However,in some cases, the RCMP is the key local policing agency, and is also responsible for reservelands. Treaties should provide mechanisms for negotiating policing issues betweenneighbouring policing agencies and local governments, where appropriate.

3.2.10 Environmental Assessment

! Provincial and federal laws should prevail for environmental assessment on Treaty SettlementLands.

! Any provincial or federal Crown lands designated as Treaty Settlement Lands must be broughtup to environmental standards as soon as possible after the transfer. If there are outstandingcontamination problems that have not been addressed by the federal government, they must beaddressed and mitigation paid for by the federal government once they are transferred to FirstNations.

3.3 Lands

3.3.1 Certainty

Protection of Crown Leases

! The FVTAC requires assurances that the Crown will fully protect the interests of currentCrown land tenure holders. Transfer of title to the land from Crown to First Nations willcreate considerable uncertainty and confusion. The interests of those parties must be fullyprotected and they must receive considerable opportunity to be consulted and informed on anychanges in title, including how their relationship with the Crown may change post-treaty.

Certainty in Amount of Add-ons to TSL

! There must be a cap on the amount of land First Nations may purchase fee simple post-treatyover which First Nations jurisdiction will apply. If fee simple land that is within localgovernment boundaries is purchased to add on to Treaty Settlement Lands, that jurisdictionmust be consulted and should approve the transfer. This is essential to ensure certainty and astable tax base for municipalities.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 18 of 37

Page 19: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

! FVTAC has an interest in ensuring that local government tax bases and jurisdiction are certainand do not decrease without appropriate adjustments in expenditures and servicing. One wayto meet this need is to ensure that local government jurisdictions have the opportunity toapprove the add-on of land to TSL, and that compensation be made where tax bases areadjusted. Alternatively, add on lands should remain fee simple, without taxation.

! If lands are added into TSL post-treaty, they should be lands contiguous to established TSL.

Overlaps of Traditional Territory

! The FVTAC appreciates that First Nations territories, as now indicated by Statement of Intentmaps, often exhibit overlaps. The resolution of overlapping claims by First Nations is of greatconcern to the FVTAC because of its interest in the certainty and finality of treaties. TheFVTAC also recognizes that not all First Nations in BC are currently engaged in or supportthe BCTC process; however, every attempt to ensure that all Aboriginal Rights and Titleassociated with particular lands are carefully considered before final offer of land is made to aFirst Nation.

! The FVTAC accepts that as treaty negotiations evolve, there may be additional modelscreated to address overlap of First Nations traditional territory. The FVTAC reserves theopportunity to review and comment on future methods of resolution of this issue, such asco-management or overlapping jurisdictions in terms of self-governance.

Non-BCTC First Nations

! The FVTAC has grave concerns about the certainty of treaty settlements in the Fraser Valleywhen there are so many First Nations not currently engaged in the BCTC process. TheFVTAC encourages renewed examination on how to best ensure that all Aboriginal Rightsand Title issues in the FVRD area are addressed in a timely fashion.

3.3.2 Treaty Settlement Land

! Local government has an interest in treaty settlements focusing on cash that can be used byFirst Nations Governments to purchase fee simple lands held in a manner similar tonon-Aboriginal land owners. Local government would prefer cash offers to large land offersbecause of the certainty involved in cash compared to the transfer of land into TreatySettlement Land.

! This interest is particularly focussed on treaty negotiations based in more urban areas. Inareas where Crown land is more available, such as in the Fraser Canyon, more land can beoffered to First Nations.

! Where possible, Treaty Settlement Land should be contiguous plots of land, not individual,isolated sections like current reserves in the Fraser Valley. If very different laws, legislation,and rules will apply to these zones, there must be very distinct and central areas where thezones exist to make it more feasible for all citizens to understand where the laws may apply.The FVTAC understands that this may be a challenge in the Fraser Valley.

3.3.3 Expropriation

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 19 of 37

Page 20: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

! The FVTAC believes expropriation powers of First Nations Governments should not beextended beyond those held by local government.

3.3.4 Access

! Reasonable access to TSL should be ensured for recreation activities of all citizens. ! Access to rights of way must be ensured.! Access to all local government sites of interest (e.g. dykes, water intake sites, etc.) must be

ensured.! Access across TSL must be available to all citizens. In cases where key local roads run

through TSL, the treaty must formalize agreements for access to these roads.! In terms of local government interests, “access” means free access, made available in the same

way to First Nations and non-Aboriginal citizens. Tolls or fees targeted at onlynon-Aboriginal people, for instance, could potentially create tension in communities betweenneighbours, and limit the opportunities for all citizens to access public areas.

! In the interests of good intercommunity relations, as much access to Treaty Settlement Landsas feasible should be offered to the community at large. All citizens should have a certainamount of freedom to access residential streets, commercial enterprises, and First Nations’government offices.

3.3.5 Parks and Protected Areas

! The FVRD has significant interest in designating parks to meet the needs of its own residentsas well as the considerable number of residents from the Greater Vancouver Regional Districtwho use the FVRD park regions.

! The FVTAC will not support the allocation of any current or designated Regional orMunicipal parks as Treaty Settlement Land.

! The FVTAC does not support the change in status of any park in the FVRD area in a way thatwould somehow restrict access for recreational use.

! The FVTAC is amenable to creative ways to increase First Nations use of parks, forAboriginal or recreational uses, and to increase the interpretation of First Nations culture andhistory in the parks of the FVRD area.

! The FVTAC supports the consideration of co-management agreements for parks with FirstNations.

3.4 Fiscal

3.4.1 Affordability

! Treaties must be affordable to Canadians and British Columbians. No extraordinary burdensmust be imposed. Fiscal responsibility of all levels of government must be a principle at thetreaty table.

3.4.2 Taxation

! The net financial impact of treaties on local government should be zero.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 20 of 37

Page 21: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

! First Nations should be able to take on taxation responsibilities of its citizens on TreatySettlement Lands. However, provincial and federal taxes (GST) should be paid by all FirstNations post-treaty.

! Taxation powers should only be available by First Nations Governments over non-Aboriginalcitizens if adequate democratic representation is provided.

! Local government has an interest in ensuring that Treaties and taxation rules are not used byAboriginal or non-Aboriginal business or citizens as a mechanism to evade normal taxationthat otherwise would be applied to income or profits.

3.4.3 Own Source Revenue and Fiscal Financing

! Once First Nations Governments are in a position to generate revenue, this revenue must beused to offset the costs of governance, and accounted for by the provincial and federalnegotiating teams when Fiscal Financing arrangements are renegotiated over time.

! Fiscal financing of First Nations government should be provided on a service and programbasis, and not as block funding. Monies should be targeted, just as they are in the fundingsystems for other jurisdictions.

3.5 Resources

Many citizens of the FVRD depend on the resource sectors for their livelihoods. The FVTACsupports the use of the resource sectors in a manner that is sustainable for all communitymembers.

! The impact of uncertainty of Aboriginal Rights and Title has a significant and detrimentalimpact on the resource sector, including trapping, mining, and forestry. The need for clarityand certainty for the successful functioning of these industries must be considered whenestablishing timelines for conclusion of treaty making.

3.5.1 Subsurface Resources

! The same opportunities for ownership of subsurface resources must be offered to Aboriginaland non-Aboriginal companies and individuals.

3.5.2 Forestry

! The Mission Tree Farm License must not be affected by the settlement of treaties. Inaddition, the jurisdiction and ownership of this land must remain with the Crown, and not betransferred in any manner to a First Nation for TSL or other purposes.

! The Forest Practices Code should continue to apply to lands transferred to First Nations.! There must be a level playing field for all participants in the forest industry, including First

Nations businesses.! Compensation must be made to licensees or tenure holders whose access to forest resources is

eliminated or reduced through treaty settlements. This does not, however, address thepotential loss of employment by individual sector employees. Creative strategies to encouragethe economic health of all families in the FVRD who rely on the forest sector must be sought.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 21 of 37

Page 22: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

3.5.3 Wildlife

Management of Wildlife! The health of local wildlife is integral to the recreation of many members of our community,

whose family and community traditions may include activities such as hunting, bird watching,etc. and to whom biodiveristy of our natural environment is essential. The FVTAC has aninterest in seeing the future health of the wildlife in its jurisdiction. This may necessitate theregional management and protection of wildlife.

! If distinct First Nations “Wildlife Areas” are designated under some level of management byFirst Nations Governments, the FVTAC would like clarity on the jurisdictions negotiatedbefore the conclusion of the Final Agreement. The FVTAC would also like to stress theimportance of regional planning for wildlife management and the need for First Nations andlocal government and regional orgnizations to co-ordinate such management together.

Access! Many residents in the Fraser Valley rely on access to wilderness and other areas for the

purposes of recreation to which wildlife is integral (e.g. hunting, bird watching, etc.). Areasof particular importance for hunting and related activities that are currently accessible to thebroader public should remain so post-treaty.

Conservation Methods! Regional, national and international efforts (and agreements) designed to protect the

populations of some species should be respected by treaties.

3.5.4 Fish

! Fishing is an important part of the economy of the Fraser Valley. The FVTAC appreciatesand respects the unique relationship First Nations have with fish and the important role thisresource plays in the cultural, social and economic lives of the First Nations. Aboriginalcommercial fishers and their fish allocation needs must be met on an equal footing, however,to those of non-Aboriginal fishers.

! Treaties should ensure that Aboriginal communities are able to access fish needed for cultural,ceremonial or food purposes.

! However, there should not be a separate Aboriginal commercial fishery. Fishing licensesshould be purchased by First Nations citizens and their governments separate from the treatyprocess, and these licenses must be used to generate economic revenue based on fishing.

3.5.5 Cultural and Heritage Sites

! Aboriginal peoples have existed on this land for a significant time, and during that time havedeveloped unique relationships to particular sites on the land. The need to protect these sitesis recognized by local government. Land development must be balanced with the need torespect First Nations culture. Clear guidelines and designation of traditional territory must bemade available to those who have an interest in lands. For example, clear maps should becreated delineating which regions are of an interest to First Nations and the definitions of sitesmust be very clear.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 22 of 37

Page 23: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

! Current legislation such as the Heritage Conservation Act and Historical Resources Act aresupported by the FVTAC.

! The FVTAC also respects the interests of other communities to seek protection andinterpretation of their unique heritages.

3.5.6 Water

! The Fraser Valley has an abundance of watersheds and rivers. Protection and propermanagement of watersheds must be a priority.

! All local governments must maintain their jurisdiction and autonomy over water which may beused to supply potable water to their communities.

! Flood protection is an essential service provided by local government. Treaties must ensurethat there are consolidated and coordinated approaches encouraged between First Nations andlocal governments to manage flooding in the Valley including the use of dykes or dredging toaffect water levels.

! Zoning on TSL must ensure that residential and other developments are not built belowfloodplains. Local governments cannot secure the safety of developments on TSL threatenedby floods.

4 Tracking FVTAC Interests at the Treaty Table

4.1 Guide to Tracking FVTAC Interests

The FVTAC has heard the Province’s commitment to track and articulate when and how FVTACinterests in the treaty process have been received and have or have not been integrated into theProvincial mandate. To assist in this, the FVTAC and BC will endeavor to use a RollingConsultation Record (see example) to enable the FVTAC to best understand how its advice isused by the Province. In some cases the Province will also respond to written comments onchapters or related treaty activity in writing.

The below example can be used by BC and the FVTAC to track the advice and record how it is oris not used.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 23 of 37

Page 24: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

General Interests Rolling Consultation RecordSample Record

FVTAC-BC Rolling Consultation Record

Intergovermental Affairs Working Group

etc.

written (seeattached memodated May 4/99

articulated asjoint principle atIntergov Affairssession

There should be certainty in land useplanning as well as consistency betweenFirst Nations lands and those ofneighbouring jurisdictions.

May 5/99

Misc.(i.e. verbal,written, etc.)

How Used orRelation to BCMandate

Recommendation and Interest Expressedto Provincial Negotiator

Date

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 24 of 37

Page 25: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Appendix A

All First Nations Traditional TerritoriesAs Identified to the BC Treaty Commission

Through Statement of Intents

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 25 of 37

Page 26: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 26 of 37

Page 27: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Appendix B

First Nations Traditional TerritoriesAs Identified to the BC Treaty Commission

Through Statement of Intents

Yale First Nation

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 27 of 37

Page 28: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 28 of 37

Page 29: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Appendix C

First Nations Traditional TerritoriesAs Identified to the BC Treaty Commission

Through Statement of Intents

In-SHUCK-ch N’Quat’qua First Nation

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 29 of 37

Page 30: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 30 of 37

Page 31: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Appendix D

First Nations Traditional TerritoriesAs Identified to the BC Treaty Commission

Through Statement of Intents

Sto:lo First Nation

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 31 of 37

Page 32: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 32 of 37

Page 33: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Appendix E

First Nations Traditional TerritoriesAs Identified to the BC Treaty Commission

Through Statement of Intents

Katzie First Nation

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 33 of 37

Page 34: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 34 of 37

Page 35: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Appendix F

Draft Checklist of Local Government Interests inYale and Sto:lo Negotiations

to be identified on 1:20,000 Map Sheets

Boundaries

• Regional District and Municipal boundaries • Proposed revisions to any boundaries • Area covered by emergency services such as fire, police and ambulance (911 service area) • Zoning templates - industrial; non industrial; other • Planning templates • Assessment boundaries • Designated land use boundaries

Infrastructure

• Roads and bridges owned and/or maintained by local government • Municipal water works - water reservoirs, wells and other water service sites - water distribution system • Sewers and pumping stations • Gas lines • Utilities that influence growth such as compressor stations, substations, gas, hydro and telephone lines, repeater sites

Land interests

• Community watersheds and other domestic use watersheds • Gravel pits • Storage sites • Dump sites - legal, illegal, proposed • Parks and recreation sites - owned or managed by local government - identified for future ownership by local government • Unofficial recreation sites • Flood plains • Dikes • Terrain hazards • Contaminated sites • View corridors • Natural resource features • Lands of cultural significance

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 35 of 37

Page 36: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Planning

• Regional growth strategies - future demographic requirements; lands selected for future growth • Land identified for future municipal structures • Sites identified for future expansion of schools, hospitals, recreational facilities, solid and liquid waste management, etc. • Developable land or identified for development • Current planning processes in place or under development and role of Sto:lo and Yale First Nations.

Tenures

• Water licences • Easements • Parks and recreation

Other

• Federal Crown land within municipal boundaries • Boundaries for provision of "soft services", recreational facilities, library, etc. • Servicing agreements currently in place

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 36 of 37

Page 37: Interests in Treaty Making - CivicInfo · jurisdictions in the Fraser Valley Regional District, ... 3.2.10 Environmental Assessment ... Provincial Team by clearly presenting the interests

Appendix G

Fraser Valley Treaty Advisory Committee Brochure and Table Update

Please contact the FVTAC Aboriginal Affairs Coordinator1.800.528.0061, for a copy of this document,

or visit the FVTAC website at www.fvrd.bc.ca/TAC/home todownload an up to date copy.

Fraser Valley Treaty Advisory Committee Interests in Treaty Making Approved Consultation DRAFT August 1, 1999 Page 37 of 37