Extinguishment offered to Sechelt

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West Coast First Nations learned that extinguishment is the pot of gold at the end of the British Columbia Treaty Commission negotiation process rainbow when negotiators representing Canada and the province made an offer they hope will lead to the treaty process' first agreement-in-principle.

On Aug. 22, the federal government and the government of British Columbia announced they would be willing to trade 348 hectares of land, 11 commercial fishing licences, $48.2 million and their continued recognition of a limited form of Sechelt self government in exchange for the Sunshine Coast.

The Sechelt Indian Band claims the upscale real estate north of Vancouver as its traditional homeland. That claim has been recognized as legitimate by both the non-Aboriginal governments.

The offer is the result of two years of open, main table bargaining that involved the Sechelt representatives, federal and provincial negotiators, local government officials and other third parties. It is made on the condition that all parties can agree on all the issues involved in the on-going negotiations.

If they accept the offer, the Sechelt people will receive 222 hectares of urban lands and 126 hectares of rural lands. The $48.2 million cash settlement will be augmented by the transfer to the band of 11 existing commercial fishing licences worth about $1.5 million in total. The provincial government, as part of the deal, will pass a law that will recognize the existing Sechelt Indian Band Self Government Act , federal legislation that was passed in 1986, which allowed the band to own its 33 reserves in fee simple title rather than as land held in trust by the Crown. Since that time the band has governed its territory under the Sechelt Constitution with powers similar to a municipal government.

The parties have worked closely throughout the negotiating process. The band produced a position paper in 1989 that was updated in 1995. Canada and British Columbia responded with their own position papers in 1996.

Canada and the province also consulted with local residents and local municipal officials before formulating the recently announced offer.

British Columbia's Minister of Aboriginal Affairs, John Cashore, revealed that the interests of third parties were an important part of the development of the offer.

"This offer meets the objectives of the Sechelt Indian Band while accommodating the interests of Sunshine Coast stakeholders," Cashore said. "I urge all involved to continue their dedicated efforts toward a Sechelt treaty that provides certainty over land and resource use that is fair and affordable."

Affordable seems to be the key word. The money, land, fishing licences and governing authority all come with a price that many Aboriginal leaders say is too high: the surrender of tax exempt rights.

If there is any doubt that the non-Aboriginal governments are trying to settle their outstanding debt to the Sechelt people for the lowest possible price, remarks by a provincial government official remove them.

When asked if an appraisal of the actual value of the lands on the Sunshine Coast exists, Peter Smith, a spokesman for Aboriginal Affairs, said it does, but it's a secret.

"That value will remain confidential at this point," he said. "Revealing it undermines our position and we are, after all, involved in negotiations."

First Nations people involved in negotiations across the country have long complained that government offers on specific claims are generally far too low, averaging around five per cent of the value of the land.

Penticton Indian Band Chief Stewart Phillip, who is an outspoken critic of the province's treaty process, said that coastal bands are frequently in dire financial straits because of their limited land base and are therefore vulnerable to pressure from the outside governments to settle their claims for far less than the actual market value.

Sechelt Chief Garry Feschuk wrote a letter to Indian Affairs MinisterJane Stewart a week after the offer was made in which he suggested that giving up all tax-exempt rights within 12 years was too much to give up too soon. Government officials told Windspeaker that their position is that the 12-year time period is what they require to bring certainty and finality to the treaty process.