Outline and Summary of

Outline and Summary of

Comprehensive Framework for the Completion of Treaties

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Part 1. The Need for a Framework to complete Comprehensive AIP’s and Final Agreements

Part II. First Nation Constitutions

Part III. Strategy and Timing

Part IV. Reasons for taking this approach

Part V. How can this work for everybody

Part VI. Treaty Outcomes and Objectives

Part VII. Chapter Explanations

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Part I. The Need For This Framework

1. Eight years of negotiations with the governments at the AIP Stage have failed to produce a single Treaty.

2. Governments have stonewalled all First Nations on those aspects of treaties that are essential to provide certainty to First Nations.

3. Governments have refused to include provisions in treaties that would enable First Nations and our people to attain economic self-sufficiency.

4. Governments have blocked efforts to negotiate treaties in which all rights and responsibilities are linked to the jurisdiction, capacity and resources necessary to make the treaty workable.

5. The Framework for the completion of agreements is intended to provide an integrated package ensuring rights, interests and obligations along with the powers and resources needed for First Nations to retain and benefit from their aboriginal rights and title with certainty into the future.

6. This approach does not anticipate each First Nation having the same AIP or treaty – it provides the parameters within which each Nation can negotiate its own treaty in accordance with its own circumstances and requirements with confidence that government negotiators will be mandated accordingly.

7. The Framework enables each First Nation to negotiate its own treaty in which the Nation will share in the wealth and economy of its Traditional Territories, and have a Constitutionally protected legal voice in how the lands and resources of the Traditional Territory are to be used and managed.

8. The Framework provides ways in which the reasonable needs of governments can be accommodated without prejudice to the rights, needs and interests of First Nations, and without prejudice to the need for certainty for all Parties.

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Part II. First Nation Constitution

1. The Constitution of a First Nation provides the legal basis upon which all communal rights and interests are managed by the First Nation and its people.

2. It provides for the protection of the lands and resources of the First Nation for the use and benefit of both present and future generations.

3. It defines who is a Member (Citizen) of the First Nation, and the criteria for determining membership eligibility.

4. The First Nation Constitution is not a subject of negotiation with Canada and B.C. – it is the exclusive responsibility of the First Nation and its Members.

5. It provides for the organization and structure of the First Nation Government in accordance with the culture and wishes of the First Nation – without any involvement by Canada or B.C.

6. It provides the basis for the making of laws by the First Nation through its First Nation Government.

7. It becomes a part of the treaty and provides guidance to the First Nation Government in the implementation and administration of the treaty.

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Part III. Strategy and Timing

1. The intent is that the Framework document is a representation to the governments on the “political” rather than the “Negotiator” level. Thus, the Chiefs have addressed this to their Federal and Provincial counterparts rather than to the bureaucracy. The Chiefs will deal only with the Ministers.

2. We stand prepared to provide any clarification that may be required by either Canada or B.C. Technical staff will discuss options, without compromise to the intended outcomes, at the bureaucrat level, but written responses must come from the Ministers.

3. The major unresolved issues addressed in the Framework are primarily federal issues including Aboriginal Rights and Title, the Fisheries, Constitutional right to self-government, and Fiscal and Taxation issues. The province appears to be more progressive with respect to provincial issues of joint management and resource sharing.

4. The Framework for Completion of Treaties provides a unique opportunity to demonstrate to the governments that it is possible to meet the objectives of all parties with certainty and honour; and to address the priority issues discussed at the November First Ministers’ Conference in a cost effective and outcome effective manner.

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Part IV. Reasons For Taking This Approach

The combined strength of the First Nations participating represents a political and economic force that governments cannot ignore.

The BCTC seven stage process for treaty negotiations has worked to the benefit of the governments and to the disadvantage of First Nations.

That process has enabled the governments to drive a “positions based” negotiation process rather than a process based on “objectives” or “outcomes”.

The BCTC process has also enabled governments to “reward” First Nations who accept the governments’ agenda through Interim Measures and Treaty Related Agreements, and to “punish” those who hold the line on their rights and interests.

The governments’ tactic of pitting First Nations against each other over minor subtleties has enabled them to “divide and conquer” and to drag the process out for years, burdening First Nations with intimidating loan costs.

The governments have marginalized and disregarded smaller and poorer First Nations who lack the political or economic strength to create a problem for the governments, but who continue to defend their rights and title, and who reject the governments’ agenda.

By jointly presenting this Framework, the Governments can be forced to consider the entire package wherein all essential components are linked and made viable; and it prevents them from “cherry-picking” issues out of context with an entire agreement.

This approach requires the governments to explain, in detail and in writing, any objections they have along with an alternative that respects the First Nations’ objectives as well as those of government. In this way we can avoid a return to the negotiations process that has failed us to date.

This approach forces the government to be rational, realistic and reasonable in their response, since the Framework document could be made public and put the parties to the test of public opinion.

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Part V. How Can This Work For Everybody

The Framework is intended to be sufficiently broad to enable each participating First Nation ( and hopefully most others ) to negotiate the specific details that reflect their individual requirements and priorities without compromise to the fundamental objectives and outcomes that all First Nations share.

The Framework intends that there will be nothing of substance “punted” or, in any way, left unclear. This prevents the governments from “stonewalling” a First Nation in Final Agreement negotiations.

Every chapter and every clause or provision is clearly linked to the capacity, the resources, the jurisdiction, and the primacy of law necessary to give it full effect.

The Framework clearly establishes the mandate that the government negotiators must have in order to negotiate the individual AIP’s and Final Agreements. First Nation negotiators will be able to prevent the governments from lapsing back to their game of “position based” negotiations.

A Framework endorsed by the governments will enable all First Nations to finalize their priority requirements and to reduce dramatically, if not avoid entirely, further Table negotiations at the AIP stage.

Given the political and economic power of the participating Nations, this approach will force the governments to agree to continue with Final Agreement negotiations while the Fisheries or any other legal actions continue in the courts; and will likely provide an incentive to settle out of court.

With the combined weight of the participating First Nations, individual First Nations will have greater access to essential Interim or Treaty Related Measures.

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Part VI. Treaty Outcomes And Objectives

Why Have a Treaty

In order for treaties to be of value to First Nations they must enable First Nations to not only survive as distinct cultural and political entities, but to thrive within the evolving Canadian and world context.

To achieve this, treaties must provide each First Nation with the lands, resources, powers and capacity to govern themselves and generate wealth; and to enjoy economic, social and health standards at least equal to those prevailing elsewhere in Canada.

For this to happen treaties must accommodate, one way or another, certain fundamental objectives shared by all First Nations.

The following seven treaty objectives serve as a basis against which all provisions in treaties are tested. All provisions in the Framework for the Completion of AIP’s and Treaties meet these “tests”.

Treaty Objectives

Objective I

Treaties must provide each First Nation with the capacity and opportunity to build, enhance and maintain strong and secure culture, language and traditions that are linked to the lands, resources and history of their ancestors, and to enable them to engender traditional values amongst their People.

Objective II

The treaties must provide each First Nation with the confidence of recognition and security of their Aboriginal Rights, title, and interests through their constitutionally entrenched affirmation, and through a future-oriented management framework that ensures that such rights can be viably accessed by Members, and that they can be protected.

Objective III

Within the framework of the Canadian Constitution, enable each First Nation to attain and maintain a level of economic, social and political self-sufficiency, as individuals and as a distinct People, to standards that are at least equal to those prevailing in the rest of Canada.

Objective IV

Within the limits of the Canadian Constitution, provide each First Nation with a land and resource base over which they have domain that is relevant to their history; that is adequate to meet their present and future cultural, social, and community needs; and that will realistically provide hereafter for a sustainable economy, adequate to meet the intents and responsibilities of their treaty.

Objective V

Within the limits of the Canadian Constitution, provide for the participation of each First Nation in the management decision making processes related to the management, alienation, use and disposition of the lands and resources throughout their Traditional Territories, and in the sharing of the resources and the resource economy in the context of the intent and provisions of the treaty, and in recognition of aboriginal title and rights.

Objective VI

The extraordinary needs for health and social adjustment amongst First Nations’ populations, and the need for improved access and incentives to education, training and opportunity must be recognized and adequately accommodated in the context of existing and future realities.

Objective VII

The treaty must provide for First Nation Citizens to benefit and enjoy their rights, regardless of place of residence, and must enable each First Nations’ government to employ measures that are workable, in the context of circumstances and the times, in meeting their obligations to their Members in the access to and enjoyment of their aboriginal and treaty rights.

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Part VII. Chapter Explanations

Definitions:

Definitions of each key term used in a treaty are essential to provide certainty as to what is intended, and for continuity of meaning throughout all Chapters and provisions of the Agreement.

For example there are several references to “lands” in various chapters, ranging from First Nation Treaty Lands, to Traditional Territories, to other categories of lands for specific purposes. In each case there must be a precise definition to avoid arguments later, or worse, to enable the governments to create uncertainty as to what was actually intended and agreed to at the time of negotiations.

Words such as “Manage” and “Management” must be clearly defined for the same reasons. We cannot leave ourselves open to future challenges by the governments that something they are doing or not doing was not embraced in the meaning of the word.

Failure to include a definition for any term that has significance to the intent, outcome or meaning of a provision in a treaty opens the door to legal challenge in later years.

Definitions are a key aspect of “certainty” in treaties for all Parties.

General Provisions Chapter

1. The General Provisions Chapter of the AIP and Treaty is where the Parties spell out the purpose of the treaty, the “rules” that apply to all aspects of the rest of the treaty; and the requirements that each provision of the Agreement must meet.

2. It is in the General Provisions Chapter that aboriginal rights and title must be affirmed by the governments and where those rights and title along with First Nation Treaty Lands must be Constitutionally protected.

3. This is where the Parties commit to provide the “tools” that First Nation governments need to make a treaty work. These “tools” include the right to make laws; the power and capacity to implement laws and enter into agreements with other governments; and commitment to provide the fiscal resources needed to operate your government and to implement treaty rights and obligations.

4. It is in this Chapter where the relationship of laws between those made by the First Nations and those of Canada and B.C. is spelled out, including what areas of governance will be exclusive to the First Nations; and whose laws take precedence in the event of a conflict between the laws of the three levels.

5. The General Provisions Chapter requirements apply to all other Chapters and provisions of a treaty. This provides for the linkage between all Chapters and provisions; and the level of certainty required by First Nations as well as the governments.

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Lands Chapter

1. The Lands Chapter provides that, unless the First Nation chooses otherwise, First Nation Treaty Lands are to be protected under Section 35. of the Constitution of Canada. While enabling each Nation to decide on any “mix” of Treaty Lands they require to accommodate their specific interests, this will prevent the Province from enacting and imposing legislation that might have the effect of undermining or diminishing treaty rights on lands intended for perpetual First Nation ownership.

2. In certain instances, First Nations may wish to include certain of their Treaty Lands as “fee simple” lands, under Section 92. of the Constitution. Such a decision would be at the sole discretion of the First Nation.

3. First Nation Treaty Lands that are Constitutionally protected under Sec. 35 are communally owned by both the present and future generations of the First Nation’s members.

4. The First Nation’s government can make laws in accordance with the First Nation Constitution for the occupation, use, leasing, development, etc. of First Nation Sec. 35 Lands, but can never sell the land outright. It would require an amendment to both the Constitution of the First Nation and the Treaty to sell Sec. 35 protected Treaty Lands.

5. The First Nation government will, at its option, have the right to use the provincial land registry system for the management and registration of First Nation Treaty lands and all leases, assignments, transfers, mortgages, and other documents normally associated with the governance of lands.

6. The amount and location of First Nation Treaty Land provided in each treaty is negotiated by each First Nation individually and varies, depending on the extent to which each First Nation negotiates access to resources, rights and economic opportunities throughout their Traditional Territories.

7. The status of existing Indian Reserves in each treaty will depend on the wishes of each individual First Nation. This could range form retaining some or all of the Reserves as Indian Reserves under Section 91.24, in which case they would continue to be subject to the Indian Act; or they could become Treaty Settlement Lands.

8. The Lands Chapter will provide for each First Nation government to administer the exploration, development and use of resources on, in and under its Treaty Lands.

9. This Chapter also provides for First Nations to acquire additional lands in the future, and to add them to Treaty Settlement Lands if they so wish.

10. This is where specific details are provided with respect to any future need for the governments to acquire Treaty Settlement Lands for an essential public purpose, including expropriation. This chapter includes the criteria that governments must meet, the nature of compensation, and the return of any acquired or expropriated lands when no longer used for the specific purpose for which it was acquired.

11. The treaties must provide that each First Nation will have a legitimate government to government role in all decision making that affects the lands of their Traditional Territories including planning, use, sale, leasing or licensing of lands.

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Water Chapter

1. This Chapter provides for a number of key requirements for all First Nations that must be Constitutionally treaty protected:

i) the right to a fully adequate quantity and quality of water for your communal, domestic, industrial and economic purposes at no cost to the First Nation other than the costs of accessing, transporting, and distributing;

ii) the right over the interests of all others within your Traditional Territory to additional water necessary to meet your communal and related needs as those needs grow in the future;

iii) law making authority over all aspects of water use and management on or under your First Nation Treaty Lands; and

iv) a share of the income to the governments from the licensing or the sale of water to others from within your Traditional Territory.

2. The Chapter also provides for each First Nation to have a legitimate government to government role in all decision making related to the planning, use, licensing, sale, and management of all water from any source what-so-ever from within the Traditional Territory.

Forest Resources Chapter

This Chapter provides each First Nation with a number of treaty protected rights and interests that are key to the continued access to, and the practice of, your aboriginal rights; and to the economy of your First Nation:

i) Absolute ownership and control over forest resources on First Nation Treaty Lands;

ii) The right to make First Nation laws governing forest resources on your First Nation Treaty Lands;

iii) The right to access and use the forest resources, including timber, from within your Traditional Territory for traditional, spiritual and cultural uses;

iv) The right to share in the economy and wealth flowing from both the timber and non-timber forest resources within your Traditional Territory; and

v) A guaranteed volume / percentage of the annual timber harvested from within your Traditional Territory.

In addition to the guaranteed volume of timber and other forest resources each First Nation will be guaranteed a percentage of the income to the province or Canada for the sale, licencing or other forest resource uses from within your Traditional Territory.

As in other Chapters, each First Nation will have a legitimate government to government role in all decision making related to the planning, use, management, sale or licencing of Forest Resources within your Traditional Territory including all timber licences and sales.

By having a treaty protected role in the management decision making processes, each First Nation will be in a position to ensure that the lands and resources, upon which the exercise of aboriginal rights and cultural interests depend, will remain viable.

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Sub-surface and Mineral Resources

As in the case of Lands, Water and Forest Resources, this Chapter provides that all surface, and sub-surface mineral resources including coal, oil and natural gas, and geo-thermal resources on or beneath each First Nation’s Treaty Lands belong to the First Nation.

In the case of gas and petroleum reserves where the pools may extend beyond the boundaries of Treaty Lands, treaties must provide for the First Nation to share in the value of the oil or gas reserves on the basis of the proportion of the pool that is under Treaty Lands.

Each First Nation will have the right to access and use sand and gravel from within its Traditional Territory for communal purposes at no cost other than that of accessing, processing, loading and transportation.

Each First Nation will have law making authority over the surface, sub-surface and mineral resources on and under its Treaty Lands.

In addition to the value of surface, sub-surface and mineral resources on and under Treaty Lands, the treaties will provide for each First Nation to receive a share of the revenues collected by the Crown from such resources exploited within the Traditional Territories of the Nation.

As in other Chapters each First Nation will have a legitimate government to government role in all decision making related to the use, management, sale or licensing of sub-surface resources within your Traditional Territory.

Access Chapter

1. In this Chapter, each First Nation will have law making authority to control all manner of access to and within its First Nation Treaty Lands, including any conditions that may be required on certain types of access.

2. It will provide for the right of free and unrestricted access by First Nations and their Citizens to lands and resources throughout their Traditional Territory for the exercise of aboriginal rights, cultural and traditional use purposes, and their treaty interests.

3. It will set out the circumstances and conditions under which the government or its agencies will have the right of access to Treaty Lands for the delivery of services, or the repair and maintenance of highways, public services like power and telephone, for certain law enforcement purposes, and for emergencies like fire or flood, etc.

4. It will provide each First Nation with a legitimate government to government role in decisions affecting public access to and the use of navigable waters within or adjacent to First Nation Treaty Lands.

5. It will set out the criteria for determining whether private interests located adjacent to First Nation Treaty Lands may have access to their lands or interests through Treaty Lands, and if so, under what conditions.

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Crown Roads and Corridors

1. Each treaty will, at the discretion of the First Nation, provide for existing crown corridors such as highways or power lines to continue to pass through First Nation Treaty Lands.

2. Crown corridors will remain the property of the Crown, who will be responsible for their use, maintenance, management, etc.

3. Treaties must provide that Crown corridors may only be used for the purpose for which they were established and any change must be with the consent of the First Nation.

4. Crown corridors will not be more than 30 meters wide without the consent of the First Nation.

5. The government must consult with the First Nation with respect to the speed and control of traffic using Crown corridors within Treaty Lands.

6. Treaties must provide for the First Nation to have access from First Nation roads to Crown Corridors in accordance with provincial safety standards.

Fisheries Chapter

The treaties must affirm the Section 35 aboriginal right of First Nations’ people to fish adequate to meet their annual Food, Social and Ceremonial requirements.

Treaties must provide for each First Nation to make laws respecting the use and management of all aspects of their Fisheries rights and interests, including distribution to members.

The treaties must provide that, subject only to the needs for conservation, the aboriginal right to FSC fish takes priority over all other interests in fish. Only after the rights of First Nations can be satisfied will the interests of the sport and commercial fisheries be considered.

The treaties must provide an orderly process for First Nations to identify their anticipated annual FSC requirements in the context of species abundance and in a timely manner.

In order that the Section 35 rights of all First Nations, along with their commercial interests can be responsibly met, treaties will provide for the establishment of a West Coast Fisheries Management Board in which First Nations will have a legitimate government to government role in all aspects of management and decision making with respect to the stewardship, stock assessment, harvest planning, and annual allocations, as well as rights to emerging fisheries.

The treaties must also provide for each First Nation to have a share of the commercial harvest of fish along with the financial capacity to invest in other aspects of the fishery that can contribute to their social and economic objectives.

Treaties must provide for First Nations to barter and trade fish with other First Nations, including U.S. First Nations with whom they have traditionally traded. In addition, in circumstances where the distribution of FSC fish to members whose place of residence preclude direct delivery, to sell their share and provide the funds therefrom to enable them to purchase fish locally.

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Wildlife and Migratory Birds

The treaties must affirm the Section 35 aboriginal right of First Nations’ Citizens to hunt Wildlife and Migratory Birds for Food, Social and Ceremonial purposes.

Treaties must provide for each First Nation to make laws respecting the use and management of all aspects of Wildlife and Migratory Birds harvest by and distribution to their Citizens.

The treaties must provide for the orderly management of Wildlife and Migratory Birds and their habitat, and for the sharing of the available resources on an equitable basis.

In order that the Section 35 rights of all First Nations can be responsibly met, treaties must provide for each First Nation to have a legitimate government to government role in all aspects of management and decision making with respect to all aspects of wildlife and migratory birds planning and management including habitat management, access requirements, and to the annual allocations of available species.

Environmental Assessment and Protection

Treaties must provide that each First Nation may make their own laws regarding all aspects of environmental assessments and environmental protection for their Treaty Lands and resources. First Nations may, at the Nation’s option, use the prevailing laws of Canada or B.C.,.

If a First Nation makes its own laws related to the process and standards of environmental assessments on Treaty Lands, the treaties will provide that such laws meet or exceed the prevailing standards in the province.

Treaties must provide that each First Nation must be consulted and involved, on a government to government basis, on any application to Canada or B.C. for an environmental assessment for any land or resource use or development within their Traditional Territory that may, in any way, affect an aboriginal right or a treaty right or interest, including an impact on First Nation Treaty Lands.

The treaties must provide for Canada, B.C. and the First Nation to enter into agreements for the enforcement of environmental protection laws and for emergency response.

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Parks and Protected Areas

Parks and protected areas include all National Parks, Provincial Parks, Marine Parks and / or Marine Protected Areas, Ecological Reserves, Forest Parks, and any other area set aside for public or scientific use within the Traditional Territory of each First Nation.

The treaties must provide that First Nations and their Citizens will have free and unobstructed right to enter any and all parks and protected areas within their respective Traditional Territory for the exercise of their aboriginal rights including hunting and fishing, and for cultural, spiritual, and traditional uses.

Treaties must provide that each First Nation will have a legitimate government to government role in all aspects of planning, use, and management decision making in the operations of all parks and protected areas within their Traditional Territory.

Treaties must provide that the governments will not be able to make any changes to the nature of use, the standards of protection, or the boundaries of any park or protected area without the consent of the First Nation.

Treaties must provide that the governments must fund the operation and maintenance of the parks and protected areas to levels comparable to the level of funding provided for all other parks and protected areas within their respective jurisdictions.

Treaties must provide that, in the event of the government doing anything that requires the consent of the First Nation without that consent having been obtained, the park or protected area will automatically become First Nation Treaty Land of the First Nation.

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First Nation Government

1. The Constitution of each First Nation will specify the form, structure, areas of jurisdiction, and accountability of the government of the First Nation.

2. The Constitution of each First Nation is the exclusive responsibility of each First Nation and is not subject to negotiation with the governments. The governments have no role in the establishment of the Constitution of any First Nation.

3. Treaties must provide that the form, structure, and areas of responsibility of each First Nation’s government will be in accordance with the Constitution of the First Nation.

4. Treaties will set out the areas of jurisdiction that each First Nation Government will have to make laws governing the lands and resources of their First Nation Treaty Lands, and for the governing of both their own Citizens as well as anyone else on or using their First Nation Treaty Lands.

5. Treaties must provide for First Nation governments to make laws in matters such as;

a) preschool, elementary, and secondary education;

b) development and delivery of language and culture education programs including the certification and evaluation of persons who provide instruction;

c) child and family services, including child protection;

d) adoption of its First Nation children;

e) regulation, transportation, storage, sale and use of firearms, intoxicants, controlled substances and dangerous goods and materials;

f) aspects of administration of justice administered or provided by the First Nation Government;

g) policing and enforcement of laws;

h) solemnization of marriage;

i) social services administered or provided by the First Nation Government;

j) matrimonial dissolution relating to child custody and interest in First Nation Treaty Lands;

k) wills and estates, and the devolution of cultural and intellectual property of the First Nation;

l) income support administered or provided by the First Nation Government;

m) health services administered or provided by the First Nation Government;

n) post-secondary education provided by the First Nation Government that meets or exceeds provincial standards, including the establishment of post-secondary institutions;

o) First Nation culture, First Nation language, and First Nation cultural property;

p) First Nation citizenship entitlement;

q) regulation, administration, and expropriation of First Nation Treaty Lands, improvements, and interests in First Nation Lands;

r) First Nation assets on First Nation Treaty Lands;

s) zoning, land use planning and development control on the First Nation Treaty Lands;

t) regulation, licensing, management and operation of business;

u) regulation of gaming, amusement and sports activities and businesses;

v) management, operation, and financial administration of the First Nation Government, including investment management;

w) buildings, structures, and public works on the First Nation Treaty Lands;

x) emergency preparedness;

y) fire protection administered or provided by the First Nation Government;

z) traffic and transportation on First Nation Treaty Lands;

aa) animal control, animal husbandry and agriculture;

bb) regulation, control or prohibition of actions or activities on the First Nation Treaty Lands that constitute, or may constitute, a nuisance, a trespass, a danger to public health, a threat to the right of its members to quiet enjoyment peace, order, and safety.

6. Treaties must provide that First Nations, Canada and / or British Columbia may each have laws regarding the same matter – such as Education, Child Protection, Forest or Wildlife management, or Traffic Control – but the treaties will also be clear as to whose laws take precedence in the case of conflict.

7. Treaties must provide that, unless it says so specifically and clearly in the treaty to be otherwise, First Nation laws will take precedence over all other federal or provincial laws.

8. Treaties must provide each First Nation with the capacity and resources necessary to bring the standards of buildings, services and facilities on First Nation Lands up to standards at least equal to those of other communities of comparable size elsewhere in Canada.

9. Treaties must provide each First Nation Government with the capacity and resources necessary to, working with governments and other service providers as the case may be, help their members to overcome the health, education, residential school and poverty related problems, and to bring the levels of health, education and employment to at least those comparable with the rest of Canadians.

10. Treaties must provide that other governments must cooperate with each First Nation in establishing objectives or outcomes to address the social, health and economic deficit of their members, to evaluate the effectiveness of such cooperation, and to make adjustments as may be required to achieve the objectives or outcomes.

11. Treaties must provide the funding required to meet the objectives and outcomes established by the Parties.

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Municipal and Government Relationships

1, This Chapter sets out the way in which the government of each First Nation will relate to and with the governments of regional districts and / or municipalities with respect to the use or development of adjacent lands.

2. It requires the municipalities and / or regional districts to consult with the First Nation Government regarding any development proposed on lands adjacent to First Nation Treaty Lands to ensure that such development does not adversely affect the right or opportunity of the First Nation to use and enjoy its Land.

3. Treaties must also provide that the First Nation’s Government will consult with the regional government and / or municipality with regard to development on First Nation Land that lies adjacent to developed lands within the municipality.

4. The provisions of this chapter will place the First Nation Governments in the position of being able to determine whether proposed land uses will prejudice their treaty interests including such things as habitat management, the exercise of aboriginal rights, or sharing in the value of the lands and resources of the Traditional Territories.

Indian Act Transition

This chapter provides for the orderly phase out of the Crown’s responsibility under the Indian Act. This can only occur as the Government of each First Nation is able to put into place the necessary structures, systems and processes of government, as well as its laws and regulations; has the financial resources necessary to effectively meet it’s obligations and objectives; and is able to demonstrate that it has the capacity to responsibly take over the full role of governing as provided for in their treaty.

These provisions in the treaty are required to enable each First Nation Government to “grow into” the role of governing while, at the same time, giving the Crown the confidence that its fiduciary responsibility can be relinquished without prejudice to either the First Nation or its Citizens.

Capital Transfers and Loan Repayment

1. This Chapter provides for the schedule of capital transfers to be made to the First Nation in accordance with its treaty; the purpose for which a transfer is made; the phasing of such transfers, if phasing has been agreed; and any requirements for accountability.

2. Each First Nation will negotiate the terms, schedule and amounts of capital transfers that it will receive as part of its individual treaty.

3. The treaties will provide that the negotiation loans are to be forgiven and that no loan repayment is to be made. Alternatively, if the governments want there to be evidence of the repayment of the loans, the governments must provide additional funding to each First Nation, over and above that of the Final Agreement settlement, in an amount adequate to fully cover the loan repayment.

4. The requirement that First Nations repay the loans that were imposed upon them in order to negotiate honourable treaties with the Crown is unacceptable and treaties will not be signed by a First Nation unless this issue is resolved to the satisfaction of the First Nation.

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Fiscal Relations and Taxation

Note: These two chapters are presented together as there is a significant inter-relationship between them.

Treaties must ensure that the responsibilities and commitments that each First Nation Government will assume can be adequately resourced to enable the First Nation Government to meet its treaty obligations.

The fiscal resources necessary to enable each First Nation Government to meet its obligations and accomplish the range of outcomes provided for in the treaty will come from a combination of “Own Source Income” of the First Nation; Taxation advantages; and Fiscal Transfers from the governments.

Treaties must provide each First Nation with both the capacity and the incentives to generate “Own Source Income” and to work towards complete financial independence and to accumulate wealth to provide for growth through taxation exemptions and taxation sharing provisions.

Treaties must provide for all income from all sources that accrue to a First Nation Government, including income generated through corporations or joint ventures of the First Nation Government, to be exempt from taxes by any other government until its Own Source Income exceeds 110% of its total annual operating costs, at which time it will commence paying income taxes on the amount in excess of 110% at the rate applicable to municipalities.

Treaties will provide that each First Nation Government and / or its corporations involved in generating income for the First Nation will be exempt from paying GST, sales tax, or any other form of commodity or service tax.

The Framework provides, at the option of the First Nation and its membership, to “sell” the Section 87 tax exemption rights under the Indian Act; place the money in an interest bearing Trust; and use the earnings from that trust to pay each treaty Citizen an income and sales tax rebate each year or any other approach that the First Nation may choose.

7. The foregoing approach represents a rejection of the governments’ “ 8 and 12 year “ formula wherein taxation in accordance with the laws of general application would apply to both the First Nation governments and their Citizens without consideration for the value of that loss.

Culture and Heritage

Treaties must provide each First Nation with law making authority over all aspects of language and culture as it relates to their First Nation and their Citizens, their First Nation Treaty Lands and resources, and their sites of special significance.

Treaties must provide that each First Nation will have a legitimate government to government role in all matters related to the designation, preservation and management of all cultural sites within their Traditional Territory that are to be protected under the National Historic Sites Act or the Provincial Historic Sites act.

Treaties must provide for the governments to work cooperatively with each First Nation in the identification of artefacts pertaining to the Nation that are in collections managed by the governments, and to return such artifacts at the request of the Nation.

Treaties must provide for the governments to work cooperatively with each First Nation in their efforts to have artefacts held in other public and private collections around the world returned to the First Nation.

Treaties must provide that ancestral human remains held by government institutions will be returned to the First Nation for re-burial.

Treaties must provide for the governments to work with and assist First Nations in the development and operations of both facilities and capacities to responsibly house artifacts and to manage and conserve collections for the benefit of future generations.

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Dispute Resolution

1. Treaties must include legally enforceable provisions to settle disputes that may arise over the interpretation, application, or implementation of the treaty, and to deal with alleged breaches of the treaty by one of the Parties.

2. The Dispute Resolution Chapter must require the Parties to make all reasonable efforts to resolve disputes and to use mutually agreed to processes in support of dispute resolution that may be available and appropriate from time to time.

3. In the event that the Parties are unable to resolve a dispute, having made best efforts to do so, one or more of the Parties can refer the matter to a court of competent jurisdiction, whose decision on the matter will be final and binding on the Parties.

4. Treaties must provide that, unless otherwise agreed or determined by a court, the Parties will bear their own costs in settling a dispute.

Eligibility and Enrolment

1. Treaties must provide that each First Nation Government may, in accordance with the Constitution of the First Nation, make laws governing the determination of eligibility to enrol as a Citizen of the Nation and, thereby, become eligible to enjoy all of the rights and benefits of the treaty.

2. The Framework provides that any member who is registered on the Band list as of the day before the Treaty comes into effect is automatically eligible. The Constitution of the First Nation will define the entitlement criteria for others who may be eligible but who are not Band members at the date of the Final Agreement.

3. Treaties must provide for the establishment by each First Nation of an Enrolment Committee to process the transition of Band Members under the Indian Act, along with others in accordance with the First Nation Constitution, to Treaty Citizens.

4. Treaties must provide for the establishment of an Enrolment Appeal Board, with representation of all three Parties to the treaty, to hear appeals of decisions made by the First Nation Enrolment Committee.

Implementation and Ratification Chapters

Each treaty will provide for the development and implementation of a plan for the orderly transition and implementation of each treaty in a rational and effective manner.

Treaties must require that the implementation plan ensures that the full intent of the treaty can be implemented as each First Nation develops the institutions, systems and capacity of its First Nation Government to competently assume the full range of obligations and responsibilities in accordance with the treaty.

Treaties will provide for ratification of the treaty by each First Nation, in accordance with the Constitution of the Nation, in order to give the treaty legal effect.

The governments will enact new legislation necessary to give the treaty legal effect and to ensure the provisions of the treaty will take precedence over laws of general application, in the event of any conflict.

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