In the nearly 150 years that followed, only one other treaty was signed on B.C. soil. That was Treaty 8, which covered part of the province’s northeast. Commissions were called in 1876 and 1913, but failed to settle issues. Gold miners came, as did smallpox. Relations between outsiders and first nations grew increasingly tense.
It was not until 1972, with the Supreme Court’s Calder decision fought by the coastal Nisga’a, that aboriginal title to land was recognized. Even then, it took until 1998 for the Nisga’a to reach a final agreement on a treaty settlement. Two years later, it came into effect.
Efforts to reach similar agreements with other first nations have, however, proven difficult.
“It only seems to only be that when [disputes] have tremendous economic implications such as a major energy project that we begin paying attention to something that exists all across the entire country,” Shawn Atleo, National Chief of the Assembly of First Nations, said in an interview Thursday.
For Canada to secure its place as a resource superpower, Chief Atleo said a fresh national framework affirming title rights is needed in order to settle disputes. “At the rate and pace we’re going, this is going to take far too long.”
Sixty first nations are now working their way through a process created by the B.C. Treaty Commission. Of those, 34 are negotiating on an agreement-in-principle. Three have completed final agreements. Only two, the Tsawwassen First Nation and Maa-nulth First Nations, have implemented their final agreements.
That means that, with only three exceptions, the situation in B.C. today remains little changed from 1899, when Treaty 8 was signed. Vast parts of the province remain locked in a battle over land rights.
And without settling land claims and developing a system that upholds and honours aboriginal title, Chief Atleo warned that mining, energy, forestry and other projects could endlessly be stymied.
“What we have is the potential for perpetual and repeated conflict,” Chief Atleo said. “That doesn’t do anyone any good. It has an adverse impact on not only relationships but overall the economy.”
“Something needs to be down to break the logjam in these negotiations.”
Nathan VanderKlippe and Carrie Tait
Source: B.C. Treaty Commission and The Union of B.C. Indian Chiefs
