Treaty

In discussions with other First Nations, we had been hearing about Core Treaties and thought it would be worth exploring what a Core Treaty might look like. Yes, we were close to finalizing a treaty and have made significant progress on some issues including: Loan forgiveness Negotiations on the costs of government activities Transfer of the Goose Spit Removal of Extinguishment Preservation of the Duty to Consult Recognition of Rights Periodic Renewal However, there are still many unresolved issues. For example, we still do not have the final land and cash offer from BC and Canada, nor do we have anything [...]

Yes, current members and eligible members will be able to vote on the K’ómoks Treaty, regardless of whether or not we call it a Core Treaty.

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 [...]

It is always a matter of opinion as to whether or not a nation is ready for a treaty and how fast it should move forward. I think the real question is whether K’ómoks wishes to continue with its small land base under the Indian Act where the Minister is in control of every aspect of K’ómoks activities, or whether K’ómoks wants to move forward as a self-governing nation. On this question, every eligible member will have an opportunity to express their opinion by way of a ratification vote. Both the band administration and the treaty team have strategic plans. These [...]

The purpose of a treaty is to create opportunities. A treaty cannot guarantee a job, or an income, or a standard of living, for individual members. However, it does guarantee access to existing programs and services that Indians are entitled to under the Indian Act and the universal social programs other Canadians are entitled to. A treaty is also intended to provide sufficient funds to for K’ómoks government operations. In that regard, we have done well. Currently the band receives about $207,000 for band governance, which is separate and in addition to the monies the band receives for programs and services [...]

Yes, the amount of money and land seems smalls compared to some First Nations. However, the reality is that the fiscal mandate that both Canada and British Columbia have is primarily based on a per capita formula. In other words, the land and cash values of any treaty will be similar, with the difference being in population and the type of land. For example, in the Tsawwassen treaty, they received a relatively small amount of land, but it is of high value and they were able to quickly develop it, creating numerous economic opportunities. In the case of Tsawwassen (just over [...]

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 [...]

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 [...]

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.

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.