Mayor's Report - 1998 Treaty Negotiations

On Tuesday, December 15th, representatives from the Lower Mainland Treaty Advisory Committee (LMTAC) will be at Belcarra Village Hall to address a special joint meeting of Anmore and Belcarra Councils. The purpose of the meeting is to provide information and answer questions regarding the Lower Mainland treaty negotiation process.

The LMTAC was formed in late 1994 to provide input to negotiations with five "Lower Mainland" Bands: Katzie, Musqueam, Squamish, Tsawwassen and Tsleil-Waututh as well as with other First Nations not yet in the treaty process. LMTAC's key roles are to:

• Provide the Province with advice on treaty and aboriginal issues from a local community perspective;
• Provide support and guidance to local governments impacted by treaty negotiations;
• Consider post-treaty settlement implications; and
• Ensure factual information about treaty-making is accurately disseminated to city councils, municipal staff and the public.

The Tsleil-Waututh (TWN) Table commenced Stage 4 (Agreement-in-Principle, or AIP) negotiations in May 1997. Since June 1998, treaty negotiators have met on several occasions to develop a common approach to AIP negotiations, including governance, lands, resources and parks, including lands deemed by the TWN to be "Special Management" or "Natural Environment" areas. On these lands, the TWN seeks to develop new economic partnerships and/or co-management regimes with existing government jurisdictions. This approach, referred to as the "Variable Interests Model", is a governance model and negotiating strategy which attempts to bring tangible benefits incrementally to the TWN people from across the entire traditional territory.

In October 1998 the chief provincial negotiator for the Lower Mainland, Tom Isaac, indicated that the TWN table appeared to offer the most promising opportunity to achieve an early treaty in an urban setting. He stated that by March or April 1999, the provincial government will make a judgment call as to whether an AIP can be finalized with TWN based on the variable interest approach. Mr. Isaac anticipates that the working group activities of the Province, LMTAC, and participants to the TWN table will need to intensify in order to accomplish the tasks required to complete Stage 4.

LMTAC representatives to the TWN negotiation table believe that there are many implications of selection of Tsleil-Waututh for early negotiation of an urban treaty.

Interests Identified by the Tsleil-Waututh

Under the terms of the BC treaty process, First Nations have the right to articulate their interests prior to negotiations. Of course, the interests identified are only interests, and nothing more. Simply because a First Nation wants to explore certain interests does not mean that they are "on the table" for negotiations.

The four layers of interest in the TWN Variable Interests Model include:

• Special Management Area Title;
• Protected Areas / Natural Environment Title;
• Special Interest Title; and
• Land Selection.

The TWN has identified the Capilano, Mount Seymour and Coquitlam Lake Watersheds as "Special Management Areas". TWN has indicated that it wants to be involved in any economic activity that takes place in these areas, and also wants to be a partner in the watershed planning process, potentially including:

• wildcrafting / botanical collecting
• eco-tourism
• environmental water quality testing
• eco-forestry
• water supply
• silviculture
• revenue sharing
• environmental education
• road / rail development

As part of its Variable Interests Model, TWN has stressed an incremental approach to implementation of its objectives, particularly in order to mitigate displacement of existing workers in the area. TWN also maintains that there is a range of possibilities as to how its objectives might be achieved; while some opportunities may be ongoing, others are of a finite nature. Critical to the TWN is the establishment of "Centres of Excellence" in certain niche areas, such as Forestry, Park Management and Water Quality Testing, as TWN skills in these areas would be "transportable", thus ensuring sustainable levels of employment / economic opportunities for the Tsleil-Waututh people.

TWN has also identified an interest in the Seymour Demonstration Forest. This area is less protected than the watersheds and would allow for a higher level of logging. TWN would like to log for totem poles, canoes, and demonstration purposes. As with the watersheds, TWN insists on being a partner in the Seymour Demonstration Forest planning process.

Along with provincial forests, the TWN has identified Lynn Headwaters Regional Park and Belcarra Regional Park as "Special Management Areas". Municipal Parks (Barnet Marine Park, Cates Park, and Stanley Park) have been identified under "Special Interest Title".

Immediate Implications for GVRD and Member Municipalities

One of the first questions that all LMTAC member jurisdictions will need to address is whether or not the various key substantive interests identified by TWN are on the table for negotiations. There will be little need to elaborate on details if, in fact, local governments decide that certain parks, lands and other TWN interests are not subject to negotiations.

Moreover, there are reasons why urban treaties raise concerns for Lower Mainland area local governments that are distinct from those of rural governments. The successful implementation of treaties in urban centres is complicated by a number of factors, including:

• overlapping interests of the First Nations;
• a complex network of existing local government structures and management regimes;
• numerous competitive private interests;
• unique economic development and land use considerations;
• limited available Crown land for treaty settlements;
• higher population densities; and
• an absence of past models to provide insight in how relationships with other governments may develop in the post-treaty urban environment.

These are the types of issues that the LMTAC will attempt to address during the process of treaty negotiations. Effective input from the GVRD and other affected local governments is critical to the process.

These issues are very important to Belcarra, so come to the meeting on Tuesday, December 15th, and listen to the presentations from LMTAC and learn more about our local treaty negotiation process.

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