Tsawwassen vote could derail treaty process: aboriginal leaders

The treaty vote in a few weeks by the tiny Tsawwassen First Nation, located south of Vancouver, could make or break the entire B.C. treaty process, some chiefs say.

The July 25 ratification vote comes after the rejection of a treaty by the Lheidl T'enneh First Nation of Prince George. It also comes after more than 50 chiefs currently negotiating treaties with the federal and provincial governments demanded a faster, more flexible process.

'The treaty process could be in jeopardy if we simply are unable to get past these major issues.' —First Nations negotiator Robert Morales

Robert Morales, chairman of the First Nations Summit chief negotiators, said government negotiators are too fixed on issues such as taxes, fisheries, land and governance.

Morales said he believes the government will use the Tsawwassen vote as a litmus test.

The 358 members of the Tsawwassen First Nation, which is about 25 kilometres south of Vancouver, will vote on the package that includes 724 hectares of land, almost $35 million in cash, hunting and fishing rights and law-making powers connected to lands, resources and its own governance.

"If they vote yes, the government won't change its stand," Morales said.

On the other hand, he said, another treaty rejection could force the government to reconsider its position and perhaps kick-start the stalled treaty process.

"The [government] negotiators that come to the table are not mandated to actually move us forward. They're given marching orders."

Chiefs sent letters to PM, premier

He said the message needs to get through to the government that something needs to change because the current process isn't working.

Morales and about 50 other leaders in the treaty process have signed onto a unity protocol demanding more flexibility from the government side of the table.

"We have been writing letters to the prime minister and to the premier … indicating to them that we believe this is likely the best option to try and get movement at a large number of tables."

Treaty Commission chief optimistic

The head of the B.C. Treaty Commission —the independent body responsible for facilitating treaty negotiations among the governments and First Nations —said he is stilloptimistic and believes good progress is being made at the tables.

Steven Point, who is alsoa former provincial court judge and tribal chair in the Sto:lo First Nation, noted that it has taken Yukon more than 20 years to come close to agreements with 12 First Nations.

"We're only 13 years into the process. From the Treaty Commissions perspective, we're going, 'Yeah, this is moving along pretty good,'" Point said.

"But from everybody else's perspective they're going, 'What the heck is happening here."'

B.C.'s treaty process 'outdated': aboriginal leader

Stewart Phillip, grand chief of the Union of B.C. Indian Chiefs, said he believes the whole process has been a big failure.

His union has never endorsed the process because it requires that natives give up their rights and territorial title.

Phillip said several Supreme Court of Canada decisions on native rights in the last decade have eclipsed B.C.'s treaty process by ruling that rights and title must be considered.

"So now you have a process that's based on an outdated policy that doesn't recognize title."

When the Lheidl T'enneh Band narrowly voted against its proposed treaty last April, B.C's Aboriginal Relations Minister Mike de Jong called it a body blow, but not a fatal blow for the treaty process.

Point said recent news that the federal government will start to deal with specific native claims dating back hundreds of years could help the process.

"You know First Nations don't generally trust the government very much," he said.

"I think that if they can see movement on some of these smaller issues then I think that will build trust … and help sort of grease the wheels to resolve some of the larger issues."