The Treaty Process

Six-Stage Treaty Process

The six-stage treaty process is set out in the BC Claims Task Force Report of 1991 and incorporated in the tripartite British Columbia Treaty Commission Agreement of 1992. The process is voluntary and open to all First Nations in British Columbia.

Stage 1 - Statement of Intent to Negotiate

A First Nation files with the Treaty Commission a statement of intent (SOI) to negotiate a treaty with Canada and BC. The SOI must identify the First Nation's governing body for treaty purposes and the people that body represents and show that the governing body has a mandate from those people to enter the process. The SOI must describe the geographic area of the First Nation's distinct traditional territory and identify any overlaps with other First Nations.

In 1994, under the direction of Chief and Council, Sliammon enters the Treaty Process by submitting a statement of intent to negotiate a treaty. Permission is granted by the Sliammon Elders group to pursue our rights and title through this process.

Stage 2 - Readiness To Negotiate

The Treaty Commission must convene an initial meeting of the three parties within 45 days of accepting a statement of intent. For most First Nations, this will be the first occasion on which they sit down at a treaty table with representatives of Canada and BC. This meeting allows the Treaty Commission and the parties to exchange information, consider the criteria for determining the parties' readiness to negotiate and generally identify issues of concern. The meeting usually takes place in the traditional territory of the First Nation. The three parties must demonstrate that they have a commitment to negotiate, a qualified negotiator, sufficient resources, a mandate, and a process to develop that mandate and ratification procedures. The First Nation must have begun addressing any overlaps. The governments of Canada and BC must have a formal means of consulting with third parties, including local governments and interest groups. When the three parties have everything in place, the Treaty Commission will declare the table ready to begin negotiating a framework agreement.

Jan 10, 1996: Sliammon, the Province, and the Federal Government sit down with the BC Treaty Commission and decide how they will share information, and work together. The parties determine the readiness to negotiate and the resources necessary to begin negotiations.

Stage 3 - Negotiation of a Framework Agreement

The framework agreement is, in effect, the "table of contents" of a comprehensive treaty. The three parties agree on the subjects to be negotiated and an estimated time frame for stage four agreement-in-principle negotiations. Canada and BC engage in public consultation at the regional and local levels. A municipal representative sits on the provincial negotiation team at each treaty table.

June 27,1996: Sliammon, BC and Canada completed a framework agreement covering those major issues to be negotiated i.e. fish, land, cash, child welfare, etc... The three parties agree on the subjects to be negotiated and an estimated time frame for stage four agreement-in-principle negotiations.

Stage 4 - Negotiation of An Agreement In Principle

This is where substantive treaty negotiations begin. The three parties examine in detail the elements outlined in their framework agreement. The goal is to reach agreement on each of the topics that will form the basis of the treaty. These agreements will identify and define a range of rights and obligations, including: existing and future interests in land, sea and resources; structures and authorities of government; relationship of laws; regulatory processes; amending processes; dispute resolution; financial component; fiscal relations and so on. The agreement in principle also lays the groundwork for implementation of the treaty.

Dec 6, 2003: The three parties examined in detail the issues described in Stage 3, and attempted to reach some ballpark figures which will be negotiated further in stage 5. In October 2003 Sliammon voted to accept the negotiated Sliammon AiP as a basis to move forward to final agreement negotiations.

Stage 5 - Negotiation to Finalize a Treaty

The treaty formalizes the new relationship among the parties and embodies the agreements reached in the agreement in principle. Technical and legal issues are resolved at this stage. A treaty is a unique constitutional instrument to be signed and formally ratified at the conclusion of Stage 5.

Sliammon is currently in Stage 5; in Stage 5 the issues outlined in the agreement in principle are hammered out. Technical and legal issues are resolved at this stage. Stage 5 is expected to take 3 years. At the end of Stage 5 Sliammon will have the chance to vote on the treaty, whether or not it is good enough for Sliammon people.

Stage 6 - Implementation of the Treaty

Long-term implementation plans need to be tailored to specific agreements. The plans to implement the treaty are put into effect or phased in as agreed. With time, all aspects of the treaty will be realized and with continuing goodwill, commitment and effort by all parties, the new relationship will come to maturity.

This is where Sliammon takes control of its lands and resources. Sliammon will gradually phase in self-government, control of lands, taxation, the fisheries harvest agreement and all other aspects of the Treaty. Canada will fund many of Sliammon's implementation activites and responsibilities.