Congrats and concerns over the Nisga'a agreement

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Well, it's about time.

With the signing of the Nisga'a treaty agreement in British Columbia, Aboriginal Canada has taken a step into the 21st century. After the millennium, we will see a rush of such treaties, but congratulations are in order to the Nisga'a now, who have been pushing for this agreement since the 19th century.

Congratulations are also in order for the other parties in the deal: the governments of British Columbia and Canada. For though they came to the table generations late, they have managed to weather political storms and create a document that all three governments could sign. That is no mean feat.

That's the big picture. The details are such that they cause us considerable concern.

First of all, what must be remembered is that this is not a treaty. It is the framework upon which a treaty may be built. Note the word "may."

B.C.'s premier, as well as the province's opportunistic opposition leaders, have said that the agreement is still to pass through the court of public opinion. In today's anti-Native climate, that's going to be a rocky road.

There are zealots on all sides sniping at this agreement. The treaty must "move through the political process." What the agreement eventually yields remains to be seen.

Looking at what we have here, not at what may be, also concerns us.

In many ways, the Nisga'a have gained the sovereignty over their land in law that should always have been theirs in practice. In others, however, they have made of their First Nation a municipality. A grand one, perhaps, but a municipality, nevertheless.

In gaining the ability to tax people in their Nation, the Nisga'a have allowed the provincial and federal governments the ability to tax Nisga'a citizens. The First Nation now has the taxation powers of, say, a town.

In matters of the environment, wildlife protection, health and safety, and criminal law, the Nisga'a agreement basically recognizes the existence of "senior governments," as Vaughn Palmer put it in the Vancouver Sun. Laws passed outside the Nisga'a territory will apply to Nisga'a citizens or, as we now will see them, to Nisga'a residents.

On the other hand, the Nisga'a gain full power within their borders to deal with matters of language and culture, employment, public works, transportation, traffic regulation, land use and marriage, as well as powers of "consultation" in other areas.

It took nearly 20 years at the table to get that much hammered out. It should not be dismissed as no achievement at all, by anybody.

If the agreement, which also includes title to land and cash settlements, works out well for the Nisga'a people, we're all in favor of it.

For them.

Our concerns, outlined above, are for the other 47 bands and councils in B.C. who are at the treaty table, or approaching it.

Canada and B.C. will try to look at the major concessions by the Nisga'a - tax status, primacy of Canadian law, lack of guaranteed access to their essential commercial fishery - as ground taken. The next First Nation up to bat will have to reclaim it, if they do not want to concede it off the get-go.

It's always been tough to counter the phrase "Well, they didn't mind. Why should you?" And we fear that other bands will hear that all too often.

For now, congratulations to the Nisga'a.

And best of luck to other First Nation treaty negotiators. We fear you're going to need it.