FAQs

I heard someone say that our Aboriginal Rights under core treaty will be protected in Canadian Constitution. Aren’t they already? And what are these rights – I feel everything is super regulated. What is an aboriginal food fish right?

2021-08-26T18:04:03+00:00

That is correct, Aboriginal rights are already protected under the Constitution. Section 35 states that the Aboriginal Rights and Treaty Rights of the aboriginal peoples of Canada are recognized and affirmed. However, the rights are also subject to conservation, public health, and public safety. Rights are also not absolute. The Crown can also infringe aboriginal or treaty rights if such infringements are justifiable. The aboriginal right to fish for food is just that, it is a right to go out and fish for food. However, as the right is subject to conservation, public health and public safety, the right is highly [...]

I heard someone say that our Aboriginal Rights under core treaty will be protected in Canadian Constitution. Aren’t they already? And what are these rights – I feel everything is super regulated. What is an aboriginal food fish right?2021-08-26T18:04:03+00:00

Is it true that under a core treaty you are just punting difficult questions to the future? And if so, I hear that is not always good (negotiators leave, resource not there anymore to continue, etc.).

2020-06-11T00:04:44+00:00

Some other nations are taking a different approach. For example, we understand that some First Nations are using the Core Treaty concept to build treaties incrementally if they choose not to negotiate all elements of the treaty now. It may be that some Nations might want to leave more difficult issues for the future, and that is their right. As K’omoks is well advanced in treaty negotiations, we want to negotiate a comprehensive Nation to Nation Relationship, but not all that relationship should be in the treaty and receive constitutional protection. Only those matters involving recognition of K’omoks rights should be [...]

Is it true that under a core treaty you are just punting difficult questions to the future? And if so, I hear that is not always good (negotiators leave, resource not there anymore to continue, etc.).2020-06-11T00:04:44+00:00

What is a core treaty?

2021-04-15T18:31:00+00:00

There is no real definition of what a Core Treaty is. The concept is that we focus on keeping in the treaty, those things that are directly related to “Rights Recognition”. This would include the Right to self-government and law making, harvesting rights (fish, wildlife, migratory birds and gathering), as well as rights to lands, water, and some fiscal matters. These matters make up much of the core elements of a treaty. There are numerous matters that have been included in the older treaties that are procedural or that happen before the treaty takes effect, and these do not need to [...]

What is a core treaty?2021-04-15T18:31:00+00:00

Will we gain anymore health benefits?

2021-08-26T18:04:35+00:00

The health benefits that ‘status Indians’ receive from British Columbia and Canada will continue post-effective date of the K’ómoks Treaty. Any additional funding provided by K’ómoks in the future for health and wellness will apply to individuals enrolled in the K’ómoks Treaty (status and non-status Indians).

Will we gain anymore health benefits?2021-08-26T18:04:35+00:00

Once the treaty comes into effect, will there be a cash payout to all K’ómoks members?

2021-08-26T18:05:19+00:00

The decision on what a Members benefit package would look like will be decided by Chief and Council, in consultation with K’ómoks Members before the effective date of the treaty. In addition, most of the communities have seen collective benefits such as new community facilities, gathering spaces, and enhanced food security for members through various fisheries programs, enhanced economic opportunities, etc. There are a number of benefits that Members will see from Treaty which include the expression of self-government; the ability to create laws and make them suit the K’ómoks and its members; more flexibility for programs and services dollars; ownership, [...]

Once the treaty comes into effect, will there be a cash payout to all K’ómoks members?2021-08-26T18:05:19+00:00

What happens if the Treaty is not approved?

2021-04-15T18:34:17+00:00

There are several possibilities. It is possible that all Parties may agree to continue negotiations and seek another ratification vote like Lheidli T'enneh (Prince George First Nation), but it is more likely that K’ómoks will lose the opportunity to move forward in negotiations in the BC Treaty Process.

What happens if the Treaty is not approved?2021-04-15T18:34:17+00:00

What happens if the Treaty is approved?

2020-06-10T23:53:43+00:00

If the Treaty is approved by KFN, it will then be ratified by B.C. and Canada and then after the Effective Date, we will begin to implement all aspects of the treaty, in accordance with the KFN Constitution and the Implementation Plan. The “Effective Date” will likely be around two years after K’ómoks ratifies the Treaty. A detailed Implementation Plan will be developed and shared with the community.

What happens if the Treaty is approved?2020-06-10T23:53:43+00:00

Post-treaty how can K’ómoks make revenue? eg. taxes, economic development? C.P’s. Do we tax properties?

2021-08-26T18:50:59+00:00

For economic opportunities, K'omoks will have a large volume of land it can develop, and it can use revenues from land development opportunities for further economic develop. Komoks will also have a large forestry licence. In addition, there are opportunities form revenue created through tax powers and revenues form our Joint Venture partners. For more information, see the Economic Development Brochures we have published.

Post-treaty how can K’ómoks make revenue? eg. taxes, economic development? C.P’s. Do we tax properties?2021-08-26T18:50:59+00:00

Yes the Indian Act sucks… Can’t we just tweak it instead of starting over?

2021-04-15T18:53:58+00:00

There have been many efforts at finding support amongst First Nations to amend the Indian Act, with strong push back from Canada. It is an antiquated federal Act which demands a whole new approach to self- government rather than trying to amend it. It is like trying to tweak a crumbling house. If the foundation and the walls are failing, it is better to tear it down and rebuild, on a new foundation.

Yes the Indian Act sucks… Can’t we just tweak it instead of starting over?2021-04-15T18:53:58+00:00
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