The Treaty Process

Background

Why the Treaty Process?

The issue of aboriginal rights and title has never been settled in the Province of British Columbia with the exception of Treaty 8 and 14 treaties on Vancouver Island known as the Douglas Treaties. Throughout the rest of Canada, treaties were negotiated as non-native settlement occurred. These early treaties followed a formula of 640 acres per family with cash and other provisions.

Britain recognized aboriginal title through the Royal Proclamation of 1763 which stated that only the British Crown could aquire land from First Nations, and such aquisitions would happen through treaties. When BC joined confederation in 1871, one of the directives from Canada was to justly resolve the aboriginal rights and title issue. What BC aboriginals got were small, though stategically placed, reserves which continued to be carved down in the period of 1915-1920. The Provincial policy on aboriginal land title did little to address the numerous congregations of aboriginals who travelled to Victoria to voice their dissatisfaction over the treaty process.

It wasn't until 1970 that Canada's aboriginal peoples 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 had to wait until 1993 to pursue their aboriginal rights through the BC treaty 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. Continued uncertainty about how and where these rights apply discourages investment and economic development in BC. Through the give and take of negotiations, treaties will clearly define aboriginal rights and title, thereby clarifying ownership of BC's land and resources.