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Ottawa should pay for BC treaties

Author: Tanis Fiss 2003/05/29
The British Columbia Liberal government's actions on Aboriginal policy are not only costly; they are completely contrary to their election platform and the results of a province-wide referendum. Perhaps it is time; British Columbia reduced its role in the treaty negotiation process and left the responsibility for paying and settling land claims for Ottawa.

Recent flip-flops have made it blatantly obvious the BC government has little power or authority over the BC treaty process. It is the federal government that has the ultimate authority to settle BC land claims. British Columbia's only apparent role is to share in the cost of treaty settlements by providing cash, resource revenue and Crown land.

For example, the BC Liberals had a long history in taking a strong stance on Aboriginal issues. While in opposition, Gordon Campbell referred to native only commercial fisheries as being morally, ethically and legally wrong. In the referendum, British Columbians overwhelmingly supported the idea of hunting, fishing and recreation opportunities on Crown land for all British Columbians. In addition they agreed with respecting the terms and conditions of leases and licenses and that fair compensation for unavoidable disruption of commercial interest should be ensured.

Yet the recently released treaty agreement-in-principle with the Vancouver Island Snuneymuxw native band grants an exclusive native only commercial fishery, native only commercial logging and native only hunting. There is no mention of any compensation to be paid to non-native commercial fishermen, loggers or hunters who may be displaced as a result of this agreement.

If this AIP is an indication of how native governments in BC will be formed, native governments will not resemble a municipal-style of government as approved in the referendum. As indicated by the BC minister responsible for treaty negotiations, Geoff Plant, the self-government model for Snuneymuxw will include a range of powers broader than those of municipal governments.

Furthermore, in addition to the exclusive commercial activities and self-government provision; the Snuneymuxw band will receive $74.4 million in cash, land and other assets (including a federal building in downtown Nanaimo) and the native band will see their land holdings increase from 300 hectares to 5,000 hectares.

Let us remember for a moment where the money governments use to settle land claim disputes comes from - taxpayers. The federal government uses tax dollars from all Canadian taxpayers and the provincial governments use tax dollars from the province. As a result of the BC government participating in the BC treaty process, British Columbian taxpayers pay twice for any land claim settlement - once as a BC taxpayer and once as a Canadian taxpayer.

But that need not be the case for BC taxpayers. 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. Not only did British Columbia comply, they did so in spades. In fact, over half of the native reserves in Canada are located in BC. As a result, the federal government formally acknowledged that BC had satisfied all the obligations of Article 13 in 1924. Therefore, BC is under no obligation to share the cost of treaty settlements with Ottawa.

British Columbia provides Crown land, which is owned by all BC citizens, to settle land claims. Therefore, British Columbia must have a seat at the negotiation table to ensure the best deal for its citizens. But, that seat is not to give the farm away, but rather ensure the province is being compensated, at fair-market value, for Crown land used to settle land claims. The act of Canadian taxpayers compensating the province of BC for Crown land may limit the large tracts of land and cash offered to native bands to settle land claims.

Since the federal government has the ultimate authority to settle land claims, Ottawa should pay for treaties in British Columbia. The BC government should limit their involvement in the process to merely assist the federal government. As a result, Canadian taxpayers would share the cost to compensate both native people and the province of British Columbia, and BC taxpayers would no longer get stuck with the bill twice.

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