Kitselas Community Events


Overview of the Kitselas Treaty Negotiations for the People of Kitselas

June 24th, 2008


This is a summary of all topics under negotiation. It should be understood that nothing is final and everything is still under negotiations.


STATUS OF TREATY NEGOTIATIONS
The Parties (Kitselas, BC, Canada) are in Agreement-in-Principle (AIP) negotiations, the major or substantive stage of the BC treaty negotiation process. Once the Parties conclude the AIP, the community will vote on whether to approve it or to reject it. Although not a legally binding agreement, the AIP will form the basis for negotiating the final agreement. The final agreement will describe the relationship between Kitselas, BC and Canada and set out the legal rights of the Parties. Once again, the community will vote on whether to approve the final agreement. Once the Kitselas people, BC and Canada approve the agreement, it will become final and given legal effect.

TREATY NEGOTIATION PROGRESS
Negotiators for Kitselas, Kitselas, Metlakatla, Canada and British Columbia are making progress on the following chapters which includes:

1. Definitions
2. General Provisions
3. Lands
4. Subsurface Resources
5. Water
6. Forest Resources
7. Access
8. Roads and Public Utility and Railway Corridors
9. Fisheries
10. Wildlife
11. Migratory Birds
12. Environmental Assessment and Environmental Protection
13. Parks and Protected Areas
14. Self-government
15. Municipal and Regional Government Relationships
16. Indian Act Transition
17. Capital Transfer and Negotiation Loan Repayment
18. Fiscal Relations
19. Taxation
20. Culture and Heritage
21. Dispute Resolution
22. Eligibility and Enrolment
23. Implementation
24. Approval of Agreement-in-Principle
25. Ratification of Final Agreement

These chapters will make up the draft Agreement-in-Principle(s).

WHAT TO EXPECT
We have yet to agree on a number of areas such as the land size and area, cash, commercial fish and an economic packages (recreation tenures, forest licences, shell fish aquaculture tenure) to conclude an Agreement.
The Agreement in Principle is not final and we are not bound by it. It will be used as the outline for negotiating a Final Agreement. The contents of the various chapters may change as negotiations continue through AIP and Final Agreement until the Final Agreement is completed, approved and becomes a treaty. We will make every effort to improve on the AIP as we negotiate the Final Agreement.

We hope to complete an AIP within a year.

The AIP will be made up of a number of chapters which will address the issues involved in a treaty. Negotiation of the AIP is conducted by representatives from Kitselas, Canada and British Columbia, referred to as the "Parties". The AIP will be the basis for the negotiation of a Final Agreement or treaty.
Among other things, AIP negotiations may include:

  • agreement on a land package
  • addressing Kitselas relationship to the Traditional Territory through various land designations, including Kitselas Lands.
  • The Kitselas Territory is also referred to as the Statement of Intent area (SOI), submitted by the Tsimshian to the British Columbia Treaty Commission to begin treaty negotiations.
  • addressing Kitselas ability to exercise treaty rights in the Kitselas Territory including hunting, fishing, gathering, ceremonial and other practices
  • describing the agreement on harvesting of fish, including commercial fisheries
  • dentifying Kitselas artifacts held by British Columbia and/or Canada that will be returned to Kitselas
  • describing the agreement on the financial package, including arrangements for funding the Kitselas Government
  • setting out Kitselas rights and obligations respecting Kitselas self-government

WHAT'S NEXT
We will complete negotiations and a legal review. We then require the approval of the Kitselas People regardless of where they live before continuing negotiations for a Final Agreement. Once the draft Agreement is completed the negotiators will take the draft Agreement to the people who will have an opportunity to review and either approve or disapprove before entering final agreement negotiations. If the Agreement is approved by all Parties, final agreement negotiations will begin.
Once the Kitselas people approves the draft AIP, federal and provincial negotiators will recommend the AIP for approval to their respective cabinets. Once the AIP is approved by all Parties, the Parties will sign it in a ceremony. Final Agreement negotiations will then begin.

AGREEMENT IN PRINCIPLE NEGOTIATIONS
The following is a summary of the chapters that have been included in the draft Agreement to date. We have also indicated the status of negotiations and how the different parts of the AIP work together.

Preamble
The Preamble will outline the understanding between the Kitselas, Canada and British Columbia on our relationship under a treaty. The Preamble sets out an agreed on context for a new relationship based on mutual respect, trust and understanding.
The Parties will begin drafting the Preamble in this year.

Definitions
To understand and ensure agreement on the meaning of certain terms used in the AIP, the Parties have begun setting out the definitions of key terms in the Agreement. These can be found in the Definitions Chapter.
The definitions are negotiated at the same time as the chapters, and will be completed as each chapter is completed.

General Provisions
The General Provisions Chapter will set out the basic principles that will govern the treaty and will:

  • Establish a legal structure where Kitselas, Canada and BC laws will exist together.
  • Set out Kitselas Aboriginal rights under Canada's Constitution.
  • Set out processes for the Parties to work together after the treaty is signed.
  • Confirm that Canada's Charter of Rights and Freedoms will apply to Kitselas government and citizens.
    The Parties are nearing completion of this chapter.

Lands
The Lands Chapter will describe Kitselas Lands and set out:

  • The location and amount of land Kitselas will own exclusively as their lands.
  • The relationship of Kitselas title to their Lands.
  • Kitselas law-making powers related to their Lands.
  • The process that allows Canada and BC to expropriate Kitselas Lands if certain requirements are met.
  • Kitselas ability to add lands to Kitselas Lands after the Treaty is in effect.
  • Existing tenures that may exist on Kitselas Lands, and determine whether they will continue after the Treaty takes effect.

    The Parties have begun drafting this chapter which continues in negotiation. Canada and BC have indicated they will be ready to make a land and cash offer to Kalum in the next six months.

Subsurface Resources
The Subsurface Chapter will:

  • Establish Kitselas ownership of subsurface resources on Kitselas Lands.
  • Define Kitselas right to set and collect fees and royalties for the development of subsurface resources on or under Kitselas Lands.
  • Make clear which laws and standards for mine reclamation and mine safety will apply to mining activities on Kitselas Lands.
  • Identify existing tenures that may exist on Kitselas Lands, and determine whether they will continue after the Treaty takes effect.

    This chapter is near completion and continues to be negotiated.

Water
The Water Chapter will include provisions regarding:

  • the establishment of a Kitselas water reservation for domestic and commercial purposes
  • Kitselas roles and responsibilities:
    • in granting water licences to be applied against the Kitselas water reservation, in management of water resources in the Kitselas Territory regarding flooding or health and safety issues

    The Parties are near completion of this chapter, the amount of water to be included in the water reservation still needs to be negotiated .

Forest Resources
The Forest Resources Chapter includes provisions regarding:

  • Kitselas ownership of forest resources on Kitselas Lands
  • Kitselas law-making powers respecting those forest resources
  • arrangements for the management and control of forest health and forest fire protection on Kitselas Lands
  • transition measures for any outstanding silviculture and road deactivation obligations
  • the regime under which Kitselas may export logs

    With the exception of a renewable timber licence this chapter is near completion.

Access
The Access Chapter will include provisions regarding:

  • Kitselas law-making powers to regulate public access to Kitselas Lands
  • access for provincial and federal government representatives to Kitselas Lands to carry out their duties
  • access for Kitselas government representatives to Crown lands within the Kitselas Territory to carry out their duties
  • Kitselas ability to control public access to Kitselas lands for recreational and non-commercial use
  • access for third party holders who have interests on Kitselas Lands

    This chapter is near completion

Roads And Public Utility And Railway Corridors
Negotiations regarding the Crown Corridors and Roads Chapter will:

  • define Kitselas law-making powers over roads on Kitselas Lands
  • identify any corridors required by Canada or British Columbia through Kitselas lands that may be retained by the Crown for public purposes
  • describe how any Crown corridors no longer required by Canada or British Columbia will be transferred to Kitselas

    The negotiations of this chapter is near completion, still need to define crown corridors and where they are located.

Fisheries
The Fisheries Chapter will include provisions regarding:

  • Kitselas right to harvest fish and aquatic plants for food, social and ceremonial purposes, subject to conservation, public health or safety reasons
  • Kitselas law-making powers on the Kitselas right to harvest fish and aquatic plants
  • the size of the Kitselas Fishing Area
  • the establishment of Kitselas allocations species of fish
  • the confirmation of Kitselas right to trade and barter fish and aquatic plants
  • Kitselas role in cooperative management, decision making processes and fisheries management regimes
  • the process for the establishment Kitselas Fisheries Operational Guidelines
  • the establishment of a commercial fisheries agreement.

    Canada has yet to agree to the extent of commercial fisheries for Kalum.

Wildlife
The Wildlife Chapter covers the following topics:

  • Kitselas right to harvest wildlife for food, social and ceremonial purposes, subject to conservation or issues of public health or safety within the Wildlife Harvest Area
  • Kitselas law-making powers and documentation and enforcement responsibilities for harvesting of wildlife by Kitselas People
  • the extent of the Wildlife Harvest Area
  • the establishment of a process for setting allocations for Kitselas if needed
  • Kitselas rights to trade and barter wildlife
  • the establishment of wildlife planning and management mechanisms where there are conservation concerns
  • Kitselas role in the management of wildlife in the Wildlife Harvest Area
  • the exemption of Kitselas People exercising the Kitselas treaty right to harvest wildlife from the requirement for provincial or federal fees or licences, except for licences for the use and possession of firearms
  • conditions for the operation of existing trapping and guide outfitting licences that wholly or partially encompass Kitselas Lands

    The Parties are near completion of this chapter.

Migratory Birds
The Migratory Birds Chapter will include the following:

  • Kitselas right to harvest migratory birds for food, social and ceremonial purposes subject to conservation, public health or safety reasons within the Kitselas Migratory Birds Harvest Area
  • Kitselas law-making powers and documentation and enforcement responsibilities for harvesting of migratory birds by Kitselas people
  • the extent of the Migratory Birds Harvest Area
  • the establishment of a process for migratory birds allocations if there are conservation concerns
  • Kitselas rights to trade and barter migratory birds
  • Kitselas role in managing migratory birds
  • the exemption of Kitselas People exercising the Kitselas treaty right to harvest migratory birds from the requirement for provincial or federal fees or licences, except for licences for the use and possession of firearms

    This Chapter is substantially complete.

Environmental Management And Environmental Protection
The Environmental Management and Environmental Protection Chapter will include provisions regarding:

  • Kitselas law-making powers for environmental protection on Kitselas Lands
  • Kitselas participation in environmental assessment processes for proposed projects that could have adverse effects on

Kitselas Lands or rights

  • the requirement of Kitselas consent for any federal and provincial project to be approved on Kitselas Lands
  • a process for co-ordinating responses to environmental emergencies
  • agreements to co-ordinate environmental management activities within the Kitselas Territory

    This Chapter is substantially complete.

Parks And Protected Areas
The Parks and Protected Areas Chapter will include provisions regarding the following:

  • Kitselas role in planning and management of provincial parks and protected areas within Kitselas Territory (SOI)
  • Kitselas harvesting rights and activities in parks and protected areas
  • Kitselas participation in decision making processes respecting new park designations or boundary adjustments that may impact Kitselas rights
  • Kitselas involvement in public information about Kitselas traditional land use activity

    The Parties are in negotiations and is near completion of this chapter.

Governance
The Governance Chapter will include provisions regarding the following matters:

  • provisions to be included in the Kitselas constitution
  • provisions for the establishment of Kitselas Self Government
  • Kitselas law-making powers in relation to social and public services
  • Kitselas citizenship
  • non-Kitselas representation
  • opportunities for the delegation of Kitselas law-making authorities
  • opportunities for intergovernmental agreements with Canada and British Columbia to provide services
  • the imposition of fines and penalties for the violation of Kitselas laws
  • enforcement of Kitselas laws
  • the process for prosecuting persons accused under Kitselas law

    The Parties have substantially completed this chapter.

Municipal And Regional Government Relationships
The Municipal and Regional Government Relationships Chapter will set out the relationships between Kitselas and municipal and regional governments.

This chapter is near completion.

Capital Transfer & Negotiation Loan Repayment
The Capital Transfer Chapter will describe the cash component of the Kitselas treaty and will include provisions regarding:

  • the amount and payment schedule to Kitselas from Canada for the cash component of the treaty
  • a loan repayment schedule for negotiating loans secured through the BC Treaty Commission

    The Parties have begun drafting this chapter which continues in negotiation. Canada and BC have indicated they will be ready to make a land and cash offer to Kalum in the next six months.

Fiscal Relations
The Fiscal Relations Chapter will include:

  • details regarding the negotiation of the Fiscal Financing Agreement, a side agreement to the treaty, which would provide Kitselas with funding from Canada and British Columbia for delivery of agreed-upon programs and services
  • provisions regarding how the Kitselas government will assume a greater role in the funding of agreed upon programs and services as its revenues increase as a result of economic growth under the Kitselas treaty

    The Parties are in negotiations and have begun drafting this chapter.

Taxation
Negotiations regarding the Taxation Chapter will address Kitselas taxation powers and obligations and will include provisions to:

  • provide direct taxation powers to the Kitselas government
  • provide for taxation agreements outside the treaty which give the Kitselas government the authority to generate tax revenues in areas such as property, sales and income tax
  • provide certain tax exemptions for the Kitselas government
  • establish a Tax Treatment Agreement outside the treaty that will detail how the Kitselas government will be treated within the federal and provincial taxation systems

    The Parties have substantially completed this chapter.

Resource Revenue Sharing
Resource revenue sharing is usually negotiated as part of the fiscal arrangement of a treaty. The Resource Revenue Sharing chapter will outline how Canada and British Columbia may share resource revenues with Kitselas.

The Parties have yet to begin negotiation of this chapter.

Culture And Heritage
The Culture and Heritage Chapter will define Kitselas ability to promote and protect their language, culture and heritage and will include provisions regarding:

  • Kitselas law-making powers with respect to heritage sites and artifacts, including ancient human remains and associated burial objects on Kitselas Lands
  • facilitation of the return of artifacts held by the Canadian Museum of Civilization and the Royal British Columbia Museum to Kitselas
  • facilitation of the return of Kitselas ancient human remains that may be held by Canada or British Columbia
  • a process for which geographic features or places within the Kitselas Territory may be named or renamed with traditional Kitselas names

    The Parties have substantially completed this chapter.

Dispute Resolution
The Dispute Resolution Chapter will:

  • establish a process for resolving disputes between the Parties over the interpretation, application or implementation of the treaty or a breach or anticipated breach of the treaty
  • define the dispute resolution process that can include informal negotiation, facilitated negotiation, mediation, arbitration or adjudication

    This chapter is basically complete .

Eligibility And Enrolment
The Eligibility and Enrolment Chapter will define who will be a member of Kitselas and eligible to be enrolled in the Kitselas treaty and will:

  • set out the eligibility criteria for enrolment as a beneficiary under the Kitselas treaty
  • describe the process for applying for enrolment and appealing an enrolment decision
  • establish an Enrolment Committee and Enrolment Appeal Board

    The Parties have substantially completed this chapter with the exception of the eligibility criteria.

Approval Of Agreement-in-principle
The Approval of the Agreement-in-Principle Chapter will:

  • describe the process that each of the three Parties will follow to approve the AIP, in order to progress to Final Agreement negotiations

    The Parties have completed this chapter.

Ratification of the Final Treaty
The Ratification Chapter will:

  • describe the process that each of the three Parties will follow to give effect to the Kitselas Final Agreement
  • establish voter eligibility criteria for ratification by Kitselas members
  • provide for the establishment of a Ratification Committee with members from Kitselas, Canada and British Columbia to oversee the Kitselas ratification process

    The Parties have completed this chapter.

Indian Act Transition
The Indian Act Transition Chapter will:

  • identify those provisions of the Indian Act that will continue after the Kitselas Treaty comes into force
  • provide for the transition from a Kitselas band council under the Indian Act to a Kitselas government under the treaty

    This chapter is basically complete.

Implementation
The Implementation Chapter will include provisions that address:

  • the requirement of Kitselas, Canada and British Columbia to develop an Implementation Plan to bring the Kitselas Treaty into operation
  • the establishment of an Implementation Committee with members from Kitselas, Canada and British Columbia to discuss issues arising during the implementation process and to produce annual implementation reports

    The Parties have substantially completed this chapter.