Attorney general talks treaty

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Attorney General and Minister Responsible for Treaty Negotiations Geoff Plant stopped in Port Alberni on July 30 during his tour of British Columbia First Nations treaty tables. His message: "This visit is a small step of reaffirming that we, as the province, are willing to look at new ideas and look at old ideas in different ways (with respect to treaty negotiation)."

Plant was met with a barrage of pointed questions from Nuu-chah-nulth treaty negotiators.

The delegation wanted to know when the province would get back to the negotiating table and what its mandate would be.

Co-chair Nelson Keitlah opened with a prayer and Tseshaht Chief Councillor Dave Watts welcomed the attorney general and his delegation to Tseshaht territory.

Watts, speaking on behalf of the Nuu-chah-nulth treaty table, reviewed the eight questions in B.C.'s controversial referendum, giving their perspective on the validity of the questions.

"We started negotiations in 1995," said Watts. The only reason we stopped is because you guys got elected, then you said you had to have a referendum, and now you're having mandate issues. It's not us that stalled the process. You are trying to project an image to the public that you are kick-starting the process when it was your government that stopped it in the first place."

Plant thanked the Tseshaht for welcoming him to their territory. "I am not here to negotiate in any detailed sense," he said. "I am here as a representative of B.C. to restate our commitment to restart the treaty process." He declared that the referendum did important things for them as a province. "The referendum was conducted on the basis of our commitment to undertake and continue the treaty process. It will help us as one of three parties to move forward in the treaty process. We have a set of principles that the public supports, and these principles are not straight-jackets. They will not tie our hands but they will give us tools to move forward," he said. Plant added that he was hopeful that there would be a response (counterproposal) from the Nuu-chah-nulth by September.

Plant then heard the comments and questions of Native negotiators. Cliff Atleo Senior said, "We need to stress the importance of acknowledging our governance. It irks us that B.C. says it's going to give us governance in interviews . . . not true. Governance is not up for negotiation.

"There is perception out there that B.C. and Canada are giving us something. You need to understand our perspective . . . our Ha'wiih own the land; if this were not true you would not be at the table."

He asked Plant to clarify his government's position on recommendation 16 (interim measures) of the province's task force report.

"Ten years ago," said Atleo, "we implemented this recommendation so that economic development activities could proceed in the province and allow for the protection of our resources while they are being negotiated during the treaty process."

"Interim measures could be talked about in terms of incremental treaties," replied Plant, "Why not build a treaty chapter-by-chapter? I'm not imposing, but saying it's an option that may be appropriate."

On the issue of economic certainty, Atleo had this to say: "The economic certainty that NCN has to offer will depend on what B.C. recognizes and affirms . . . we are in favour of certainty but not if it is only in B.C.'s or Canada's interest."

Plant was asked about the issues of compensation, co-management of resources and revenue sharing. He replied that the reason business is reluctant about co-management is because it thinks it means more management and government involvement.

"I think there are ways that we can acknowledge the NCN role," said Plant.

"Sometimes compensation means to make up for all damages that occur since the activity occurred. I don't think this is achievable if it means payment for everything taken in the last 100-200 years. The public will not accept this. We can talk about the whie man taking what is yours without your permission," he said.

Ahousaht negotiator Shawn Atleo asked if B.C. is willing to recognize and acknowledge Nuu-chah-nulth government. This question will not go away, he pointed out.

"I do not want to give an answer to that question that might raise expectations," said Plant. "We have the willingness to discuss it on an exploratory basis and see if we can get to a new place."

"If you want certainty on the table then governance has to be on the table. That is our position," said Huu-ay-aht negotiator Robert Dennis. "We understand the concepts of political entrenchment and satisfying your constituents. B.C. really has nothing to give to First Nations because it is ours to begin with. It remains to be seen how negotiations will go, and I will not go out on a limb either to tell you what it is going to be like. We are prepared to take a look and negotiate . . . to see what is possible in these fragile times."