Is a citizen's democratic right to be heard evil? It is if you believe what is being written in our newspapers and said on our radios and televisions lately. What brought about this hoopla is the provincial government's decision to solicit the opinions of British Columbians on treaty principles, by conducting a referendum. Arguments have been made that referenda are dangerous to minorities and there have even been charges of racism.

Concerns over referenda being dangerous to minorities are invalid. British Columbia is not a stranger to conducting referendums on minority rights. In 1916, an all-male referendum was conducted to determine voting rights for women. The men voted 68% in favour and 32% opposed to giving women the vote. This vote, on minority rights, took place before Canada had its own constitution. Since then, the Charter of Rights and Freedoms explicitly protects certain rights, for example "aboriginal treaty or other rights". Constitutionally defined rights cannot be overruled by a referendum vote.

Are we not grown-ups? When it becomes important to clarify the position of the majority of citizens, referendums provide citizens with the opportunity to vote directly on a specific issue. For years, the Swiss have used referendums to settle contentious issues. Recently, the Swiss used a referendum to reject joining the European Union. In the past, they voted in favour of immigration and against abolishing the army. Canada has also used referendums to decide controversial issues such as, wartime conscription and more recently, the Charlottetown Accord.

Some people are concerned that the results of a referendum are binding, and are apprehensive about participation rates. If you believe in polls, it would appear that the participation rate in the referendum will be high. According to a recent Ipsos-Reid poll a whopping 82% of British Columbians said they intend to participate in the referendum. This is a large percentage considering the average voter turnout for provincial elections is 71%. Clearly, the citizens of this province want a say in treaty principles.

The very thought of garnering the public's opinion on treaty principles, has some individuals referring to the referendum as "racist". Any privilege or exception that sets apart one individual or a group of individuals from the rest of society in terms of rights or responsibilities - that are not imbedded in the constitution - should be open for debate. Knowing that the vast majority of British Columbians are not racist, those who throw the racism charge use it to intimidate or silence any opposition to the status quo. When such cheap and inaccurate charges are used as verbal weapons rather than accurately debating a policy or position, it weakens the credibility of those making the claims.

This referendum isn't about racism or rights; it's about a political bargaining position for the provincial government. Clarifying the position of the citizens will provide a concrete set of principles for the province's treaty negotiators. This is not to assure that all treaties will be identical. The historical and current situation of each aboriginal claim is unique. Variations will likely occur in order to reach agreement, but all parties involved in the negotiations need to know where each other stands, this will be provided if the majority of British Columbians provide clear direction in a referendum.

Treaties are made between groups of people or collectives - in British Columbia treaties are made between the federal and provincial governments and aboriginal people. All parties, aboriginal, provincial and federal negotiators alike, will know precisely what fundamental principles the province will or will not negotiate.
Hopefully this clarity, within a few years, will bring finality to the treaty negotiation process in British Columbia.

If you were to listen to the current rhetoric you would inevitably come to the conclusion that a recognizable democratic principle, such as the referendum on treaty negotiations, was the beginning of the end. British Columbians, participating in the referendum will be acting wholly within the Constitution. British Columbians want their opinions to be known, after all, any finalized treaty will affect the citizens of this province for generations.