Post Delgamuukw partnerships

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National Chief Matthew Coon Come made three statements at the Assembly of First Nations annual general assembly that set out some parameters for the future:

1. The rule of law recognizes Aboriginal rights and title - the Delgamuukw Supreme Court decision.

2. Businesses wanting to extract wealth from First Nation traditional lands will have to do business with those First Nations.

3. First Nations will not be silent about the denial of their rights - the final arbiter is the international court.

Welcome to the post-Delgamuukw era.

First Nations people in British Columbia and across Canada are beginning to assert their legal jurisdiction over access to land and resources.

There are four categories of land in Canada today:

1. Treaty land - includes reserves and specific land claim areas as well as traditional territory.

2. Crown land - includes lands not under treaty.

3. Claimed land - includes comprehensive claims over land that was not ceded or taken, mostly Crown land.

4. Fee simple land - land administered by the Crown and sold or transferred to other jurisdictions or private owners, although Crown title is now being questioned.

To understand Matthew Coon Come, one has to understand that most of the land in Canada belongs, in part, if not entirely, to First Nations people. The numbered treaties intended that the land and the economic benefits derived from the land would be shared. Land under treaty or that was not ceded or taken is subject to First Nation consultation over access for development or resource extraction.

People who have read the late Mel Smith's book Our Home or Native Land should read the decision by the Supreme Court regarding Delgamuukw. As much as Mr. Smith's generation would like to return to less complicated times with Ozzie and Harriet, the hoola-hoop and five cent Pepsi colas, the rule of law will prevail. In fact, Mr. Smith's book makes a strong case for bilateral negotiations between industry/business and First Nation leaders in British Columbia and elsewhere. Forget government. This is too important to be left to bureaucrats and the Department of Justice. This is business.

The government of Canada alone has spent more than $60 billion on First Nations since 1970. This does not include the amount spent by the provinces. What are the results?

It is time for First Nation leaders and the captains of industry to sit down and develop a protocol for development that is respectful of the legitimate legal jurisdiction of First Nations. Once this is done, governments must adjust to the fact that there is a third order of government in Canada. It's not a matter of policy. It is the rule of law.

Government to government fiscal relations are long overdue. Royalty sharing on natural resource extraction is a good place to begin. Now, are First Nations governments prepared for wider jurisdictional benefits and responsibilities? This is the flip side of Mr. Coon Come's challenge. Bilateral relations with industry and business can help.