Question Period Note: Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia

The Government of Canada, the Province of British Columbia, and the First Nations Summit collaboratively developed a Recognition and Reconciliation of Rights Policy for treaty negotiations in British Columbia.

This policy will improve the treaty process with BC First Nations and help advance self-determination and Indigenous inherent jurisdictions outlined in section 35 of the Constitution. It reinforces our commitment to implement the UNDRIP, and outlines a new relationship with Indigenous partners based firmly in the recognition of rights, respect, cooperation, and partnership.

As the British Columbia treaty process is based on the tripartite recommendations of the 1991 Report of the British Columbia Claims Task Force, treaty negotiations in British Columbia are organized somewhat differently than in the rest of Canada (e.g., Canada, British Columbia, and the First Nations Summit are formal partners in the BC Treaty Process; negotiations take place according to a six-stage process). In 1993, a made-in-British Columbia treaty negotiations process was created to guide negotiations in British Columbia. For years, Canada, the First Nations Summit and British Columbia have been working collaboratively to strengthen and improve treaty negotiations toward the advancement of reconciliation and to make progress on concluding treaties and other negotiated agreements in British Columbia.

More recently, Canada, British Columbia and the First Nations Summit have worked collaboratively to advance meaningful initiatives on a tripartite basis, resulting in the co-developed British Columbia policy.

The development of the British Columbia policy demonstrates Canada’s commitment to working collaboratively with our Indigenous and provincial partners based on the recognition and implementation of rights. This policy supports a rights-based approach to treaty negotiations. A central feature of the policy is basing negotiations on the recognition and continuation of rights without modification, surrender or extinguishment. It reflects an unprecedented effort by the Principals to the BC treaty process to co-develop guidance for how treaties, agreements and other constructive arrangements are to be negotiated in a manner consistent with the UN Declaration on the Rights of Indigenous Peoples.

If pressed on co-development in other parts of the country and the status of a national policy to replace the Comprehensive Land Claims Policy and Inherent Right Policy

This policy will apply to treaty negotiations in British Columbia and does not apply to groups that are not participating in that process or elsewhere in the country.
This policy informs the treaty process and offers guidance on the recognition and implementation of rights, while supporting First Nations self-determination. It replaces the Comprehensive Land Claims and Inherent Right policies for those in the treaty process in British Columbia.
This new policy could inform future policy development work elsewhere in the country.