First Nations to sign tentative treaty deal but future of process in doubt

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A group of five First Nations on southern Vancouver Island is expected to sign a tentative treaty settlement on Thursday – even as some of the key participants reconsider the slow and costly process of settling modern-day treaties.

The agreement-in-principle between the Te'Mexw Treaty Association, Ottawa and Victoria is being inked in the B.C. capital with all the ceremony that is expected after almost 21 years of negotiations. But the talks are not over – the parties will now move to the "final agreement" stage.

Meanwhile, the future for other First Nations that are further behind in the treaty process is in question.

Last month, John Rustad, B.C. Minister of Aboriginal Relations and Reconciliation, surprised both First Nations and the federal government by refusing to appoint a new chief commissioner for the agency that facilitates treaty negotiations in the province. Soon after, the federal government released a report that recommends walking away from the table in cases where talks have stalled.

Celeste Haldane, the acting head of the B.C. Treaty Commission, said in an interview the signing ceremony on Thursday demonstrates that it is "business as usual" for those First Nations in active negotiations.

Ms. Haldane said the provincial government has deliberately played down the success of treaty-making as it shifts its attention to economic-development pacts with individual nations. But she agreed there needs to be a way out for First Nations communities that are stalled in the process. Some are unwilling to walk away because they will be expected to repay loans of tens of millions of dollars – money that was borrowed to pay for treaty negotiations.

"There needs to be an exit strategy for these nations, because they do hold whatever loans they have taken for this," she said Wednesday.

The province says it won't appoint a new chief commissioner because it wants to reconsider the future of the B.C. treaty process. It cites the dismal statistics that after 22 years, only four treaties have been concluded. In that time, the B.C. Treaty Commission has allocated about $627-million in negotiation support funding to treaty tables.

Most of that money has been paid out in the form of loans to First Nations but with so few treaties concluded, little of it has been repaid.

Tom Happynook was appointed by the province to the commission just two weeks before Victoria withdrew its support for the chief commissioner. He said Wednesday he was disconcerted about the province's change of heart but has since been assured there is no plan to dismantle the commission.

"Clearly B.C. wanted changes to the process," he said. "I view it as an opportunity now, to reinvigorate the process." As the chief negotiator for the Maa-Nulth, he said he is well-positioned to help bring treaties home. "I come with a lot of good experience, going from an Indian band to a self-governing nation, and I'm looking forward to sharing that with the other tables."

But there are disputes about the measure of success – or the scale of the problem.

The Treaty Commission says eight treaties have been completed under its authority – it counts the Maa-Nulth treaty as five separate agreements because there are five First Nations represented at that treaty table, each with its own government. It says there are 18 treaty tables where talks have stalled.

The province however estimates that there are 33 treaty tables that are going nowhere – they are either not meeting on a regular basis or not actively seeking any treaty milestones.

That definition of active treaty negotiations may become crucial if Ottawa takes the advice of its special envoy, Doug Eyford, who proposes the government fast-track treaties now near completion but extract itself from those tables with little prospect of settlement.

Aboriginal Affairs Minister Bernard Valcourt's office says the government is committed to seeking a more effective treaty process but the Eyford report is still under review.