February 27, 2007
Dear Directors and Negotiators;
Re: Tsimshian Treaty Society Strategy
I am sorry that I am not available to participate directly
in the discussions scheduled for February 27 and 28.
I have asked Wilfred Bennett Sr. to participate on my
behalf and, of course, Mel Bevan will participate as
Kitselas Chief Negotiator.
This is an important juncture in our treaty journey.
We now have three Final Agreements in ratification as
well as the Nisga'a Treaty that is in implementation,
for comparison purposes. My sense is that the significant
policy shifts that are reflected in the most recent
agreements, generally related to certainty, resource
sharing, the land/cash value of the treaties, fiscal
arrangements and self government, are the that we all
have to consider as the product of this treaty policy
era in BC. Unless all three agreements fail ratification,
I believe that "what we see, is what we get"
for the next considerable period of time.
Given that assumed reality, I would like to set out
Kitselas interests and suggestions with respect to strategic
suggestions for the consideration of other TFN Directors
and Negotiators.
Kitselas would like to be able to proceed as quickly
as possible to negotiate an Agreement-in-Principle offer
for Kitselas from BC and Canada. Whether or not that
package will find acceptance in the Kitselas community
will depend solely on the merits of the package when
it is compared to what Kitselas believes that we can
accomplish outside of, or in parallel to, the treaty
process. Kitselas has tabled a preliminary land proposal
and we will continue to refine that proposal through
a community advisory process. Given that we have initiated
these land discussions, we would set a goal to have
the AIP offer achieved in this calendar year, or at
the latest, the end of the upcoming fiscal year.
Having established this as a goal, I believe that we
must avoid having to abandon the present process and
start over again with BCTC at Stage 1 of the process.
So, that means that we will need the support of the
remaining TFN members to maintain our present place
in the process.
I have always respected Kitasoo's unique presence in
both the Tsimshian Tribal Council and the Tsimshian
Treaty Society. Kitasoo's geographic location and their
unique needs mean that they should be free, within the
TFN Society framework, to develop their own strategy
and independently establish their own negotiation schedule
while maintaining an information sharing arrangement
with the rest of the Society members.
If Kitsumkalum and Metlakatla are prepared to move
at the same pace that Kitselas has suggested, we are
prepared to work together to the degree possible while
maintaining our time objectives. If not, we would ask
that they all use Kitselas as the "test case"
for an AIP offer. We will maintain an open dialogue
with all TFN communities as negotiations proceed.
If Kitsumkalum wishes to proceed along the suggested
timeline, we would ask that a Territories Accord be
completed as a condition of our two communities moving
forward together.
If Metlakatla wishes to participate in this AIP strategy,
we would ask for written assurances that the issue of
the Metlakatla and Lax Kw'alaams concurrent traditional
territories will not be a factor preventing the achievement
of a Kitselas AIP. In the event that an Accord between
Metlakatla and Lax Kw'alaams is not possible, we would
ask that Metlakatla adopt their own separate timeline
and strategy for moving forward.
If these suggestions are accepted by TFN members, we
will have moved a great distance from our earliest organizational
structure for negotiations. In my view, that means that
we need to clarify the role of our current Chief Negotiator.
Kitselas will assume direct responsibility for the negotiation
of our community package. If Kitasoo moves at their
own pace and under their own strategy, and either Kitsumkalum
or Metlakatla establish independent timelines, the obvious
question is whether or not we need a full time Chief
Negotiator or whether we need more of a coordination
and information sharing function.
I know from direct discussions with Gerald that he
holds his responsibility to the Society and the goal
of achieving treaty settlements as an important trust.
He has contributed greatly to our ability to stay together
and to maintain positive relations with both BC and
Canada. I believe that Gerald should be able to define
the role that he feels most comfortable with under a
new strategy.
In closing, I believe that this is now the time to
see what's in this for Kitselas. We now know what the
settlement template is. We need to know what the land,
cash, economic measures elements will be in order to
make an informed decision whether or not the people
can live with what is currently available.
I wish you the best in your discussions and deliberations
and I hope that these comments will be useful to arriving
at a strategy.
Yours truly,
(signed)
Glenn Bennett, Chief Councillor