-- Nisga'a Is Neither Final Nor Fair To Taxpayers - A CTF Review Of The Nisga'a Treaty --


VICTORIA/OTTAWA: The Canadian Taxpayers Federation (CTF) today released a review of the Nisga'a Treaty now before Parliament. The review shows that:

The $490 million cost of the Nisga'a settlement for cash, land, and resource transfers is likely understated, as it does not include any estimates on mineral, water, or fisheries resources to be transferred. Also, third-party compensation is likely significantly underestimated.

The $490 million cost does not include taxpayer transfers to the Nisga'a government, which will cost taxpayers - according to federal negotiators - a minimum of over $400 million in additional transfers over 15 years - for one settlement with one native band.

The Nisga'a treaty is not final in a multitude of senses. Four appendices from constitutional and legal expert Mel Smith, Q.C., are attached to the review. One appendix lists 49 sections of the treaty where there are explicit requirements to consult or negotiate agreements, and a further 22 sections of the agreement where paramountcy is unclear or not stated.

There is a 'ratchet-up' provision where any favourable tax exemptions granted to select other bands over the next 20 years will need to be given to the Nisga'a as well.

There are 17 instances where the Nisga'a treaty and/or future Nisga'a laws will prevail over federal or provincial laws in the event of an 'inconsistency.'

The Nisga'a government will be anything but 'municipal' as proponents claim. Municipal governments do not possess power over citizenship, culture, adoption, and all levels of education, timber resources, and court systems. The Nisga'a under this treaty, will.

The decision on whether non-Nisga'a will be able to vote in Nisga'a elections is up to the Nisga'a government. Senior levels of governments have traded away a core political right - the right of taxpayers to be represented by those who will have the power to tax them.

"The Nisga'a Treaty is neither fair nor final to taxpayers, and it gives powers to one native band similar to powers possessed only by federal and provincial governments," said CTF-BC director Mark Milke. "In addition, it trespasses upon the basic political right to vote for those who would tax you. Canadians deserve better than a document negotiated by a distrusted BC government and rammed through Parliament by a federal government afraid of debate."

Milke noted that a referendum should have been held long ago on the Nisga'a treaty. "When politicians horse-trade core political rights and negotiate open-ended financial commitments, taxpayers deserve a vote on it."