A group of former British Columbia attorneys general, representing parties across the political spectrum, have signed on to a letter in support of modern treaties with First Nations. They include New Democrat Murray Rankin, former BC Liberal Mike de Jong, and even Brian Smith, a SoCred who served as AG under premiers Bill Bennett and Bill Vander Zam. “It’s a letter from a bunch of people who used to yell at each other at the Legislative Assembly from very different political perspectives,” said de Jong. “But the one thing we have in common is the realization that there are really only two ways to proceed.” The letter says modern treaties establish clear rights and responsibilities for stakeholders including First Nations, the province, local communities, businesses, lenders and investors. “Modern treaties provide a negotiated framework for recognizing Indigenous rights while preserving the security of private property,” the former AGs wrote. “Rather than leaving difficult questions about Indigenous rights and private property to uncertain and costly litigation, modern treaties allow the parties to define how those interests will be respected within the same broader territory.” The province established the B.C. Treaty Commission in 1992. Since then, eight modern treaties have been ratified and dozens more are in various stages of negotiation. “In the absence of that, where there are disputes around land, often those get settled via litigation rather than negotiation,” said Commissioner George Abbott. One need only look at the fallout from a recent B.C. Supreme Court decision awarding a large swath of riverfront land in Richmond to the Cowichan Tribes to see how unpredictable going to court over land claims can be. “Modern treaties are an important way to improve the lives of British Columbians, Indigenous and non-Indigenous alike,” Rankin said. “I think there’s a lot of misinformation out there at the moment about modern treaties, and I think they’re conflated with some of the Aboriginal title litigation.” In northern B.C., the Kitselas First Nation near Terrace is close to finalizing a treaty 30 years in the making. The nation will receive about 380 square kilometres of Crown land, $130 million, and the right to self-governance outside the confines of the Indian Act. The province, local governments, neighbouring First Nations and the business community will be able to move forward with the certainty the document provides. “We’re not interested in private property. That is something that’s clearly defined,” said Kitselas elected Chief Glenn Bennett. “We’re all neighbours. And we certainly look forward to being a positive neighbour to these other people that are living in and near us.” A bill to ratify the treaty between the Kitselas Nation and the province is currently before the legislature.
