Union of B.C. Indian Chiefs stands with chiefs in Victoria and calls for province to pull back on K’ómoks and Kitselas treaties
The K’ómoks and Kitselas treaties are being debated in the B.C. legislature, but some nations have concerns over overlapping claims
By Alec Lazenby
Last updated 1 day ago
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The Union of B.C. Indian Chiefs is supporting a number of First Nations in a bid to pause the province’s plans to ratify two new modern treaties because of overlapping land claims.
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Two weeks ago, the province introduced treaties for the K’ómoks, who reside on central Vancouver Island, and the Kitselas, who live around Terrace and Port Essington in northwest B.C., in the legislature for ratification after more than 30 years of talks.
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The treaties will give the nations ownership of the land within the treaty area as well as self-government rights and government funding.
On Tuesday, in Victoria, the Wei Wai Kum First Nation, the Nine Allied Tribes, and the Lax Kw’alaams Band joined together to call for a 180-day pause on debate of the two treaties in the legislature and complained that there has been little to no negotiations between the nations and the K’ómoks and Kitselas.
They’re threatening legal action unless the province updates the treaties to ensure they will not impinge on the traditional territory, title or right of the other First Nations.
Wei Wai Kum Chief Chris Roberts said that 80 per cent of the land recognized as K’ómoks in the new treaty overlaps with territories claimed by the Laich-kwil-tach, the southern group of four nations that are part of the Kwakwaka’wakw First Nations.
The Wei Wai Kum is one of those four nations that make up the Laich-kwil-tach.
Roberts said that if the province decides to move forward with the treaty, his nation is prepared to review all legal options and indicated his members may take other steps as well, hinting at the potential for blockades of key sites.
“People need to remember what we have in our territory. We have a B.C. Hydro dam that covers nearly 50 per cent of the Vancouver Island’s power needs. We have the Island Highway, which runs through our lands, our territory and past reserves. We have an $800 million wind farm project we’re trying to advance for the benefit of all people in the North Valley region and support economic growth and development,” said Roberts.
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“Those are just some of the things that are being put at risk and jeopardized by this continued inaction and forcing this treaty ahead.”
Despite the First Nations being in Victoria for two weeks, there has been little progress toward reaching a deal to pull the treaty legislation, said Lax Kw’alaams Mayor Gary Reece.
Reece said they were told by Kitselas chief negotiator David Try it’s “not necessary and not appropriate to delay legislation on both these treaties.”
“You can’t say this is about partnerships and respect and then push the legislation forward while ignoring the very nations that it impacts,” he said.
Union of B.C. Indian Chiefs vice-president Linda Innes, a member of the Gitxaala Nation, represented Grand Chief Stewart Phillip at the event, with Phillip still tending to his wife, Joan Phillip, who is also the NDP MLA for Vancouver-Strathcona, at a Vancouver hospital.
Innes said that while treaty talks are a positive step forward for relationships between Indigenous nations and the province, all affected First Nations must have a seat at the table.
“The Crown should not be remotely surprised that neighbouring nations are raising their local opposition of the two pieces of related treaty legislation that are before the legislature,” she said.
The K’ómoks treaty will give the nation ownership of more than 34 square kilometres of land on the Island, self-government over those lands and $56 million. The Kitselas treaty, meanwhile, will give that nation ownership of more than 38 square kilometres of land near Terrace and Port Essington, self-government over those lands and $148 million in one-time transfers and continued funding.
Indigenous Relations Minister Spencer Chandra Herbert said that there are often disagreements over how treaties are handled due to overlapping claims but that the province is in talks with the Wei Wai Kum First Nation, the Nine Allied Tribes, and the Lax Kw’alaams Band.
He wouldn’t speculate on whether the treaty bills will pass this session, which ends May 28, saying he’s “humble” and that cabinet ministers don’t have the ability to force anything through. This seemed to be a reference to the fact that the NDP no longer has a functioning majority with Phillip in the hospital.
“I don’t presuppose what will happen in a legislative session. I guess I can respond the best way I can, which is to do the work on the ground, nation to nation to try and find the best path forward,” said Chandra Herbert.
University of B.C. adjunct professor in natural resource law James Hickling says modern treaties have stipulations in them that protect other nations whose territory may overlap and include shared territory protocols. He pointed to language in modern treaties that says the court can rule a provision in a treaty violates the rights of another nation and only applies in so far as it “does not adversely affect that right.” If it can’t operate without violating the rights of another nation, the treaty will need to be amended.
“They can say whatever they want, but that’s not what it says on paper, and overlapping territories are a fact of life, and those nations, or many of them, are also in treaty negotiations with territories that overlap their neighbours too,” said Hickling.
