FAQs

How is a Core Treaty different from what we have been talking about for 10 years?

2021-04-14T23:24:00+00:00

We have explained the meaning of a Core Treaty before in communications materials.  You should look at those materials as well. We might stop using term Core Treaty because it is confusing to people. It basically means that we are removing details from the treaty language that don’t need to be there and we are putting that detail in appendices or side agreements. This is intended to make the treaty more understandable by including only those matters that are important to be protected by the Constitution of Canada. A Core Treaty removes unnecessary process and detail. For example, right now we [...]

How is a Core Treaty different from what we have been talking about for 10 years?2021-04-14T23:24:00+00:00

What are the pros and cons of this approach?

2021-04-14T23:35:16+00:00

Pros: The aboriginal right to fish continues Negotiations will not be dragged down because DFO has a poor mandate DFO has a chance to go back to cabinet to get a better mandate Gives us an opportunity to work with the A-Tlegay First Nations to negotiate the commercial component We can always negotiate a Comprehensive Fish Chapter during Periodic Renewal Cons: Do not have constitutionally protected FSC allocations

What are the pros and cons of this approach?2021-04-14T23:35:16+00:00

Is the 10-year time frame negotiable? It seems like a long time to have to wait to deal with something like fisheries.

2021-04-14T23:26:01+00:00

At this time, the 10 years is agreed to by BC and Canada in the K’ómoks Treaty. The originally proposed timeline for Periodic Renewal was 25 years, which was argued to be too long. In terms of negotiating Fisheries, until DFO is able to agree to an offer that meets the need of K’ómoks, we will fish as always under our Aboriginal Right, and according to an Annual Fishing Plan that K’ómoks will draft, implement, and inform DFO of.

Is the 10-year time frame negotiable? It seems like a long time to have to wait to deal with something like fisheries.2021-04-14T23:26:01+00:00

When did the 10-year Periodic Renewal thing kick in?

2021-04-14T23:29:10+00:00

In 2017, a group of Treaty Nations, provincial and federal representatives formed a group called the “Lead Tables Working Group”. The purpose of this group was to address the hard issues that were holding nations back from achieving successful treaties. There were four areas addressed at that time: Recognition and Predictability (for Aboriginal Rights), Orderly Process (addressing potential new rights or court cases), Periodic Renewal (opportunity to renegotiate parts of the Treaty as necessary), and Consultation (strengthening the duty to consult under Treaty). The Periodic Renewal is meant to allow the Treaty to evolve with the world. Areas that could be [...]

When did the 10-year Periodic Renewal thing kick in?2021-04-14T23:29:10+00:00

If we have an undefined right to fish, isn’t that hard to implement? And commercially, we are dependent upon the goodwill of neighbours (A-Tlegay)?

2021-04-14T23:32:05+00:00

We have an undefined Aboriginal Right now, but that is being implemented by individual fishers who go out and catch fish for food. A-Tlegay also provides us with food fish. Once there is a treaty, that will continue, and in accordance with an annual fishing plan developed by K’ómoks, based upon our needs. We are currently working with the A-Tlegay member First Nations on a commercial component. A part of that fishery will include a K’ómoks community fishery which will be a commercial fishery for only K’ómoks members. While we are negotiating with the A-Tlegay First Nations to give us a [...]

If we have an undefined right to fish, isn’t that hard to implement? And commercially, we are dependent upon the goodwill of neighbours (A-Tlegay)?2021-04-14T23:32:05+00:00

What connection will exist between the K’ómoks government and residents of K’ómoks Lands who are not K’ómoks citizens?

2021-08-26T16:58:46+00:00

Before the Treaty and the Constitution comes into effect, K’ómoks will negotiate procedures on how the K’ómoks government will consult with these individuals about any decision that directly and significantly affects them. K’ómoks laws will apply to all members and non-members attending K’ómoks Institutions on K’ómoks Lands. Non-member residents will be subject to K’ómoks tax laws. Non-members will be provided an opportunity to participate in certain governmental decisions that directly and significantly affect them. This needs to be addressed in detail in K’ómoks laws.

What connection will exist between the K’ómoks government and residents of K’ómoks Lands who are not K’ómoks citizens?2021-08-26T16:58:46+00:00

How can we enforce without bylaws?

2021-04-14T23:38:10+00:00

Enforcement of First Nations laws, including Indian Act by-laws is complex because the police do not enforce First Nations laws, and K’ómoks does not have enforcement officers or a court. K’ómoks is trying to change this and was successful in making the police enforce a K’ómoks law, enacted under the Land Code, against a tenant. But we had to go to court to do that, and it was costly. Under treaty, as well as under the Land Code, we are trying to fix this problem to ensure that K’ómoks laws are enforceable laws, once there is the equivalent of a “court [...]

How can we enforce without bylaws?2021-04-14T23:38:10+00:00

How does the Constitution become law? A meeting in the hall or do we have to go to a court of law?

2020-06-11T21:17:03+00:00

Your Constitution will become law on the Effective Date of the Treaty, after both the Treaty and the Constitution are approved in a ratification vote. There will be a good deal of consultation with K’ómoks members before this happens.

How does the Constitution become law? A meeting in the hall or do we have to go to a court of law?2020-06-11T21:17:03+00:00

Who can vote on the Constitution?

2021-04-15T17:33:59+00:00

All those eligible to be a K’ómoks Member, and of voting age (18+) can vote on the Constitution. This includes members who are currently on the Indian Band list and individuals who meet the Eligibility Criteria in the Treaty.

Who can vote on the Constitution?2021-04-15T17:33:59+00:00
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