First Nation in B.C. calls for delay in its neighbour's treaty

A First Nation located in the Campbell River area of Vancouver Island says it's concerned about a potential treaty for a neighbouring nation because it could infringe on its own rights and titles.

The Wei Wai Kum First Nation wants a delay as representatives from the K'ómoks First Nation — with reserves near Sayward, north of Campbell River and south in the Comox Valley — attended a ceremony Monday with the B.C. and federal governments to "initial" the treaty, which marks the end of negotiations and a move toward ratification of the agreement next year.

Chris Roberts, elected chief councillor of the Wei Wai Kum First Nation, said prior to the meeting that the initialling should have been paused while the two First Nations come to an agreement over shared rights and title.

"There's a lot that's within there that respects their core territory that we would happily support," Roberts said. "We just have some fundamental issues around how do we describe and refer to decision-making responsibilities and what additional consultations are going to look like."

Roberts says the K'ómoks reserve near Sayward lies within the greater Liǧʷiłdax̌ʷ (also written Laich-kwil-tach) Nation, which Wei Wai Kum was historically part of but K'ómoks was not. The treaty as written would extinguish the rights of the Liǧʷiłdax̌ʷ Nation, he said.

The Wei Wai Kum requested changes to the treaty document, but those requests were not met, Roberts said.

Melissa Quocksister, who is on the K'ómoks treaty team, acknowledges that the two nations' territories overlap with one another, which the treaty process is cognizant of.

"I understand there's a lot of fear," she said. "At the end of the day, our intent is not to impact or infringe on anybody else's rights. We hope that one day we can move forward together, because ultimately we are much stronger together."

The K'ómoks say there is specific language in the treaty that ensures no other nations' rights will be affected by it. 

1941 Indian Affairs Amalgamation

The disagreement exposes the delicate balance governments and nations must strike in pursuing modern treaties where territories and heredity overlap.

In this case, a 1941 Department of Indian Affairs decision to merge a Liǧʷiłdax̌ʷ community living up the Salmon River north of Campbell River with the K'ómoks has presented a challenge for the descendants who as part of the K'ómoks Nation are negotiating the treaty. 

But Liǧʷiłdax̌ʷ descendants who live outside of the K'ómoks Nation will not have a chance to vote on the K'ómoks Treaty.

The descendants of that community and members of the wider Liǧʷiłdax̌ʷ  Nation live across multiple reserves, including the Wei Wai Kum, Wei Wai Kai on Quadra Island and others.

Brian Thom, a former B.C. treaty negotiator and now anthropologist at the University of Victoria, says it is left up to First Nations to decide who gets to sit at the negotiating table, but side agreements can be included over titles and rights.

"These are really nuanced points of history and culture that an instrument like a modern-day treaty doesn't get into the details of, really," he said. "Governments have been, by and large, leaving it to First Nations to sort out amongst themselves who the proper title holder is."

Moreover, the Wei Wai Kum say they have claim to their own territory on the east coast of Vancouver Island through a military conquest in the early 19th century.

Through that, they say, they had exclusive right to the land and water from Johnstone Strait to south of Comox by right of Indigenous law.

Fast-forward to 2024, and it now creates overlapping claims of traditional territory between the two nations.

The K'ómoks say their treaty would not extinguish those rights claimed by the Wei Wai Kum. Both nations began the treaty process negotiating together but ultimately split off into separate groups, running in parallel. The Wei Wai Kum are now also nearing a similar stage of their own treaty negotiations.

Roberts says his nation is not trying to block or stop the K'ómoks treaty from going ahead but he hopes speaking out about his nations' concerns will put pressure on the province to hear them.

'We have time to do this work'

In a statement, B.C.'s Minister of Indigenous Relations and Reconciliation Murray Rankin recognized the long journey both nations have been on in the treaty process. He acknowledged the concerns of the Wei Wai Kum First Nation with the K'omoks First Nation treaty.

Rankin said his government is "committed" to addressing concerns, "including through discussions of Nation-to-Nation protocols as well as formal consultation approaches."

"We have time to do this work, as the K'ómoks Treaty, if approved, would not be effective for several years," said the statement.

Thom, the anthropologist, says these sorts of disputes are not unheard of and referenced the final stages of the Tsawwassen treaty. Neighbouring nations had similar concerns rooted in a different particular history and took the Tsawwassen to court. 

The judge disagreed with the challenge to the Tsawwassen treaty and suggested processes for further dialogue and ways to resolve through discussion and negotiation. 

"These conversations between nations about the implications of the treaty have been ongoing; not everybody agrees on every point," he said.

As the initialling ceremony went ahead Monday, Roberts says the path forward will involve continued negotiations and the need to have every party at the table.

"It's very difficult to deal with," he said. "It's not a personal thing. We have a lot of personal relationships and friendships with the K'ómoks Nation and a lot of that ought to be celebrated."

K'ómoks Nation members are expected to vote on the treaty in early 2025.