One more step in treaty negotiations

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April 16 was an historic day for the Sechelt Indian Band as hundreds of onlookers crowded the Sechelt's traditional longhouse to watch the signing of the first agreement-in-principal (AIP) reached through the BC Treaty Commission process.

The AIP is step five in the six-step B.C. treaty process and Premier Glen Clark called the agreement a sign of hope for other Aboriginal groups.

"My government is fully supportive of this agreement, which is fair and affordable and provides greater self reliance and economic development opportunities for the Sechelt Indian Band," he said. Clark added he hopes to sign the final treaty - the first urban treaty in modern times - within six months.

"B.C.'s Aboriginal people have struggled for justice for many years. . . . The treaty process has been slow and frustrating. Other tribes in the North are waiting to see what happens - the Bella Bella, the Bella Coola. This is more than an historic day for Sechelt, it's an historic day for all nations. . . . This sends a message to B.C. and the world that it can be done," he said.

Clark said 25 per cent of Aboriginal people in the province are still outside the BC Treaty Commission process.

"We're looking for ways to include those people," he said.

Federal Minister of Indian Affairs, Jane Stewart, said the AIP signing was one step in an effort to reconcile past wrongs and define what Aboriginal rights are under the Constitution.

"Resolving outstanding Aboriginal issues through negotiations is the right thing to do. The signing of the Sechelt Agreement-In-Principal today demonstrates that the BC treaty process works. . . . Canada looks forward to entering into final agreement negotiations," said Stewart.

Chief Garry Feschuk said he wants to move on to the final stage of negotiations.

"We went back to litigation last year because we wanted to negotiate five principals that weren't on the table. We wanted an expanded land base and economic opportunities . . . . Not too long ago we sat in the longhouse with the premier and a senator and they convinced us to negotiate, not litigate . . . . The package on the table was expanded and we went back to negotiations . . . . Our people will have the final say. We're trying to bargain the best deal, and we've achieved more land and money . . . . Hopefully, we'll have an agreement we can sign by the end of 1999."

Feschuk praised his negotiating team for sticking to their principals throughout the five-year process.

The province's Aboriginal Affairs Minister Gordon Wilson said with the AIP in place, the province would move as quickly as possible to sign a treaty.

"The leadership demonstrated by the Sechelt Nation is second to none," said Wilson.

Chiefs from many nations and BC Treaty commissioners, including Haida Gwaii's Miles Richardson, were on hand for the historic signing. Richardson called the negotiations a challenge.

"For 200 years the land question has been festering, and this is a milestone. Sechelt was the first community to take over their own affairs and this is the first treaty in a largely urban area in B.C. . . . Treaty making can work with respect and goodwill, and we must make it work."

But Richardson also chastised provincial politicians for claiming the Sechelt agreement would be a blueprint for others.

"Let's not pretend this is a treaty for every other nation. Every other nation has their own issues, their own needs."

Commissioner Deborah Hanuse from Alert Bay, echoed Richardson's caution.

" [The AIP] is very encouraging, but this is Sechelt's vision, their objectives. I don't see it as a blueprint for everyone."

Not all Sechelt people are happy with the AIP. Some believe the band isn't getting enough in the deal. Robert Joe stood outside the longhouse passing out leaflets opposing the deal.

"I think this is absurd . . . . I think they're trying to hoodwink us."

The Sechelt band must approve the final agreement by a vote of 50 per cent plus one.

The Agreement

The bad currently owns 1,031 hectares and will receive another 933 hectares - 288 hectares of rural land and about 645 hectares of urban land - under other provisions in the AIP. The Sechelt's total land claim can't exceed 3,055 hectares.

The band will receive $40 million in cash for the Sechelt Prosperity Fund and $2 million in a transition fund, plus $1.5 million for an economic development fund.

The band will own surface and subsurface resources and will manage timber resources on their own land. The band will have the right to harvest marine plants and fish, subject to conservation, for food, social, and ceremonial purposes and they will receive 11 existing commercial fishing licenses. Wildlife harvesting will be identified in annual plans that must receive provincial approval.

Existing Indian Act taxation exemptions will end. Sechelt members will begin paying transaction taxes eight years after signing the final treaty and income tax after 12 years. The band had originally wanted a 50-year exemption. Some cultural artifacts will be returned.

Talks with the Sechelt and the federal government began in 1994 and have included more than 100 meetings with third party interests. Currently, almost 60 nations are involved in the treaty commission process.

"We were lost, but now we're found. We have our language and now we'll have our land again," said Sechelt Elder and former band councillor Theresa Jeffries.