Question Period Note: Wet’suwet’en MOU

About

Reference number:
MKP-2022-QP-13010
Date received:
Dec 14, 2022
Organization:
Crown-Indigenous Relations and Northern Affairs Canada
Name of Minister:
Miller, Marc (Hon.)
Title of Minister:
Minister of Crown-Indigenous Relations

Suggested Response:

• The Wet’suwet’en Hereditary Chiefs, Canada and British Columbia have been engaged in negotiations since the signing of a Memorandum of Understanding on May 14, 2020.
• The MOU establishes a path for substantive negotiations towards agreements that would describe the implementation of Wet’suwet’en rights and title.
• Once reached, agreements negotiated pursuant to the MOU will be taken back to all Wet’suwet’en people through a ratification process that must clearly demonstrate their support.

Background:

• Canada and British Columbia have two negotiation tables with Wet’suwet’en under the Recognition of Indigenous Rights and Self-Determination process: one focused on implementing the May 2020 Memorandum of Understanding on rights and title (“rights and title table”), and one focused on child and family wellness ( “wellness table”).

{REDACTED}

Additional Information:

Pipeline
• Our February 2020 discussions with the Wet’suwet’en Hereditary Chiefs and the BC government focused on two distinct issues – Wet’suwet’en rights and title, and issues arising out of the Coastal GasLink pipeline.
• Federal discussions since the signing of the MOU have focused on Wet’suwet’en rights and title.
• While the Coastal GasLink pipeline remains within provincial jurisdiction, we recognize the seriousness of the current situation on the territory.
• The way forward is through peaceful dialogue grounded in respect for all parties involved.

Hereditary Chiefs Engagement with Elected Chiefs
• It was the hereditary chiefs who took the case of Wet’suwet’en rights and title to the Supreme Court of Canada in Delgamuukw-Gisday’wa [del-dum-OOK gis-day-away] (1997).
• We expect there will be sustained engagement by the Wet’suwet’en hereditary leaders with their house members, including those with differing points of view.
• Agreements, once reached, will be taken back to all Wet’suwet’en people through a ratification process that must clearly demonstrate their support.

If Pressed on Delays
• The Government of Canada remains committed to reaching agreements that would describe the implementation of Wet’suwet’en rights and title and governance.
• The impacts of colonialism raises very complex issues that we are committed to addressing in collaboration with the Wet’suwet’en and Government of British Columbia. This critical work, including building trust between the Parties, takes time, patience and commitment.
• Given COVID-19 restrictions, all parties have been flexible in how we negotiate these agreements and the timelines for achieving milestones.

Concerns of the Wet’suwet’en Matrilineal Coalition
• The Wet’suwet’en hereditary chiefs acknowledge the importance of engaging House members, including those with differing points of view.
• I am aware that a complaint was filed with the Canadian Human Rights Commission with regard to this issue.

• The Canadian Human Rights Commission has decided not to deal with the complaint and the file has been closed