Let's Make A Deal
Author:
Tanis Fiss
2003/09/03
In an attempt to have the Haida Indians drop their lawsuit against the province, British Columbia offered the Haida 20 per cent of the Queen Charlotte Islands. This bold move sets a dangerous precedent and once again demonstrates the BC Liberals willingness to force BC taxpayers to pay a large portion of Ottawa's bill.
The Haida Indians of the Queen Charlotte Islands abandoned the treaty process in 1995. Last year the Haida Indians filed a lawsuit against the province of British Columbia and the federal government. The lawsuit claims aboriginal title to all the lands contained within the Queen Charlottes and the resources in and under the seabed, including oil and gas reserves believed to be under Hecate Strait.
The province's offer of 2,000 square kilometres - which was previously identified by the Haida Indians as having cultural significance and economic value - has strings attached. The Haida Indians must agree by March 2004 to suspend their lawsuit, return to the treaty negotiations table and continue to participate in land-use planning processes.
Negotiations are always preferred over litigation, but think of the precedent this offer creates. Got a land claim that's stalled at the treaty table Sue the province and they'll bend over backwards to settle.
Although the deal does not include cash - merely provincial Crown land - all Crown land has value. Yet, the provincial government refuses to seek compensation from the federal government for the provincial Crown land used to settle land claims.
Under Article 13 of the 1871 Terms of the Union the federal government was charged with authority over Indians and the trusteeship and management of the lands reserved for Indians. BC's obligation under Article 13 was to provide lands for more reserves.
British Columbia complied in spades to the terms under Article 13. In fact, over half of the native reserves in Canada are located in BC. As a result, in 1924 the federal government formally acknowledged that BC had satisfied all the obligations of Article 13. Therefore, BC is under no obligation to share the cost of treaty settlements with Ottawa.
British Columbia has an obligation to ensure the citizens of BC receive compensation, at fair-market value, from the federal government for any provincial Crown land used to settle land claims. The simple act of Canadian taxpayers compensating the province of British Columbia for provincial land used in land claims may limit the large tracts of land and cash offered to Indian bands to settle claims in BC.
The Haida offer sets a dangerous precedent, which may encourage other Indian bands to sue the provincial government over land claim disputes. Moreover, the BC Liberals once again displayed their willingness to give BC away for a song.