The Treaty Process

For more than 150 years First Nations in British Columbia have consistently sought recognition of their aboriginal rights and title - through petition, protest, litigation and negotiation. British Columbians overwhelmingly agree that the matters in dispute can only be resolved through negotiations, not by confrontation and not by going to court.

The treaty process was set up as a voluntary process based on political negotiations, not legal interpretations. In treaty negotiations, a First Nation does not have to prove aboriginal title. To be accepted into the treaty process, a First Nation must be an aboriginal governing body, however organized and established by aboriginal people within their traditional territory in British Columbia, which has been mandated by its constituents to enter into treaty negotiations on their behalf with the governments of Canada and British Columbia.

The treaty process refers to the British Columbia Treaty Commission which is an independent body responsible for facilitating treaty negotiations in British Columbia. The Treaty Commission developed from an agreement in 1990 with First Nations and the Federal and Provincial governments to form a Task Force to recommend how treaty negotiations should be undertaken. In 1991, this British Columbia Task Force recommended a six stage treaty negotiation process and the formation of the British Columbia Treaty Commission to facilitate negotiations. The Treaty Commission was appointed in 1993.

The Tsimshian Nation has been involved in the treaty process since December, 1993. That year the Tsimshian Nation submitted a statement of intent to the Treaty Commission to negotiate a treaty with Canada and British Columbia. The Tsimshian Nation's statement of intent was accepted by the Treaty Commission in February of 1994.

Each of the seven communities of the Tsimshian Nation has a representative at the treaty table. The Gitselasu have appointed a Community Negotiator for the Kitselas Treaty. The Kitselas Treaty Office has a policy of greater involvement. They are requesting that more band members involve themselves in the treaty issues and in the negotiation process. The Kitselas Treaty Office believes that more involvement means better first nations governance in the future. The Kitselas Treaty Office also believes that the treaty process can help create future career opportunities for the youth of the community.