Q.1. What is the Yale First Nation Final Agreement?
The Yale First Nation Final Agreement was negotiated by three parties, the Government of Canada, the Government of British Columbia (BC) and the Yale First Nation. The Yale First Nation Final Agreement provides the Yale First Nation with certain rights and benefits regarding land and resources, and self-government over their lands, resources and members. It provides certainty with respect to ownership and management of lands and resources and the exercise of federal, provincial and Yale First Nation governmental powers and authorities.
Once ratified by Parliament, the Yale First Nation Final Agreement will resolve uncertainty regarding the Yale First Nation's Aboriginal rights and title claims. It sets out the treaty rights that will be accorded to Yale First Nation and protected under the Canadian Constitution. The Final Agreement creates mutually binding obligations and commitments on the three negotiating parties and can be relied on by all persons.
Q.2. Where is Yale First Nation Land located and where will the Yale First Nation Final Agreement apply?
Yale First Nation Land is located 175 km east of Vancouver in the Fraser Valley Regional District near Hope, British Columbia. The Yale First Nation Final Agreement applies to Yale First Nation Land, harvest areas and Yale First Nation members.
Q.3. Why did Canada negotiate the Final Agreement with the Yale First Nation?
The Canadian Constitution recognizes and affirms existing Aboriginal rights and title. However, in the absence of a treaty, there is uncertainty as to the nature, scope and content of those rights. A negotiated agreement is a constructive way of addressing these issues and preferable to litigation.
A fundamental goal of the Yale First Nation Final Agreement is to achieve certainty. This means the ownership and use of lands and resources will be clear for all the parties, will create opportunities for the Yale First Nation and will contribute to better predictability for continued development and growth in British Columbia.
Q.4. How does Canada benefit from signing the Yale First Nation Final Agreement with the Yale First Nation?
The Yale First Nation Final Agreement will resolve long-standing issues regarding Yale First Nation's undefined Aboriginal rights and title, and bring certainty and economic benefits not only to Yale members, but also to British Columbia and Canada as a whole.
When Canada was settled, as a matter of policy, the Crown generally negotiated treaties with First Nations to secure land for settlement purposes as the migration of settlers moved westward. However, for a variety of reasons, this process was never completed in British Columbia. Existing aboriginal and treaty rights are recognized and affirmed in the Constitution Act, 1982. Jurisprudence has established that Aboriginal rights and title continue to exist in British Columbia, and where it exists, it is a burden on Crown title. However, the courts have not determined what is the specific content and scope of Aboriginal title or which First Nations hold Aboriginal title to specific lands. This has created considerable uncertainty over who owns and has jurisdiction over land and resources in the province, which has led to: lost investment, litigation, and tension among Aboriginal groups, governments and business owners.
By signing a final agreement with British Columbia and the Yale First Nation, Canada gains certainty with regard to the rights and title claimed by the Yale First Nation in British Columbia. Further, the Yale First Nation Final Agreement will integrate the Yale community into local and regional economies through provisions that call for comparable standards and taxation. By clarifying the roles and responsibilities of the parties, the likelihood of litigation is reduced and the climate for business is improved, thereby opening the door to new investment.
Q.5. Will Yale members acquire additional rights under the Yale First Nation Final Agreement that other Canadians do not have?
Aboriginal people in Canada have unique legal and constitutional status that derives from the fact that they are the descendants of the people that were resident in North America before Europeans arrived. In the early 1970s, successive court cases confirmed the existence of Aboriginal rights. In 1982, Canada's supreme law, the Canadian Constitution, was amended to recognize and affirm existing Aboriginal rights. Courts have repeatedly stated that claims to Aboriginal rights and title are better settled through negotiation rather than litigation.
Q.6. Does the Canadian Constitution continue to apply to Yale First Nation?
Yes. The Yale First Nation Final Agreement represents reconciliation between the governments of Canada, British Columbia and the Yale First Nation. The rights provided in the Yale First Nation Final Agreement will be exercised within the framework of the Constitution, and once ratified, will be protected under the Constitution, and all parties will have a clear understanding of their rights, ongoing relationship and obligations to each other's government.
Q.7. How will the Yale First Nation Final Agreement provide Yale First Nation with more governing authority over its own affairs?
Once ratified by all three Parties, with the exception of determining Indian status and a transition period for phasing out the Indian Act tax exemptions, the Indian Act will no longer apply to Yale First Nation, its lands or members. Instead, constitutionally protected self-government provisions would enable Yale First Nation to make their own decisions about matters related to the preservation of their culture, the exercise of their treaty rights and the operation of their government.
The Final Agreement requires the Yale First Nation to have a constitution that provides for a government that is democratically and financially accountable to their members. The Yale First Nation constitution will come into force on the effective date of the Yale First Nation Final Agreement.
Q.8. How will Yale First Nation's fisheries allocation affect other Aboriginal groups and commercial fishers?
Yale First Nation will have the right to harvest fish and aquatic plants for food, social and ceremonial purposes, in accordance with a harvest document (communal fishing licence), subject to conservation, public health and public safety. This right will be exercised within non-exclusive defined geographic areas as described in the Final Agreement.
Yale's treaty allocations of salmon for food, social and ceremonial purposes were negotiated based on Yale harvest levels from recent years and reflect a one-time increase to account for future population growth. The salmon allocations vary with annual fish abundance and are capped at a maximum limit. The Yale First Nation Final Agreement allocation of domestic fish incremental to current levels will be mitigated by the voluntary retirement of commercial fish licences. The Final Agreement leaves non-salmon species of fish and aquatic plants non-allocated. These species may be harvested under the Yale First Nation fishing right in accordance with a Harvest Document.
Q.9. Why were negotiations of fish with the Yale First Nation not deferred pending the outcome of the Cohen Inquiry as were many other negotiation tables?
In November 2009, Prime Minister Stephen Harper appointed the Honourable Bruce Cohen as a Commissioner to conduct an inquiry into the decline of sockeye salmon in the Fraser River. In March 2010, the Minister of Fisheries and Oceans Canada deferred the negotiation of fisheries components at treaty tables in British Columbia pending the Commission of Inquiry into the Decline of the Sockeye Salmon in the Fraser River findings and recommendations. However, this deferral did not apply to three late stage Final Agreement negotiations, including Yale, which had reached this final stage after years of good faith negotiations under the British Columbia Treaty Process.
Q.10. Will the Yale First Nation Final Agreement create a priority, Aboriginal-only commercial fishery?
No. Yale commercial fishing licences for sockeye and pink salmon are addressed in a separate Harvest Agreement that is not part of the Final Agreement, and conditions are comparable to licences of other commercial harvesters.
Q.11. What is the purpose of the Yale Harvest Agreement?
A Harvest Agreement, separate from the Final Agreement, provides for sockeye and pink salmon commercial fishing licences to be issued to Yale First Nation. The term of the Harvest Agreement is 25 years; it can be renewed by Yale First Nation every 15 years thereafter. The Harvest Agreement includes provisions for compensation to Yale First Nation should the agreement be terminated by the Crown.
Once the Final Agreement is ratified, Yale will obtain commercial fishing licences from willing commercial licence holders at a fair market value. Those licences will be fished according to terms and conditions comparable to those that apply to other fishers in the commercial fishery. Yale commercial fishing cannot take place unless a general fishery is open for that species. The same standards for catch monitoring and reporting will apply to Yale as for other commercial fishers.
Q.12. Will Yale members be subject to taxation after the Yale First Nation Final Agreement comes into effect?
Yes, after a transition period. Taxation is an important element of the Yale First Nation Final Agreement as it can contribute to the foundation of future revenue capacity for the Yale government. The Indian Act tax exemption for Yale members will be phased out after eight years for transaction (sales) taxes, and after 12 years for other taxes such as income tax. The treaty provides that on effective date, Yale government will have the ability to levy direct taxes on its members within its treaty settlement lands, known as Yale First Nation Land.
Q.13. Will Canada make changes to the Yale First Nation Final Agreement if consultations with overlap groups raise issues that were overlooked, or have yet to be considered?
Accommodations have been made in the Yale First Nation Final Agreement during the consultation process taking place with overlapping First Nations. Should further accommodation be necessary, we would consider all options to address the adverse impact of the treaty's provisions on overlapping First Nations' asserted rights including amendments to the Yale First Nation Final Agreement.
Q.14. Will the Government of Canada resolve all overlap issues before it ratifies the Yale First Nation Final Agreement? What happens if overlap issues cannot be addressed?
Federal negotiators have been consulting with overlap groups to ensure their concerns are understood and addressed before the Yale First Nation Final Agreement is ratified. Discussions with overlap groups will continue after ratification, if any overlap group continues to assert that it has an Aboriginal right that is adversely impacted by the Yale First Nation Final Agreement.
In addition, the Yale First Nation Final Agreement provides a remedy in the event the courts were to finally determine that an overlapping First Nation has Aboriginal or treaty rights that are adversely affected by the treaty. In that situation, the Yale First Nation Final Agreement contains provisions for the treaty to be read down or amended to accommodate the court decision.
Q.15. What consultation has taken place on these negotiations leading up to the Yale First Nation Final Agreement?
In addition to consulting with overlapping First Nations, federal negotiators have consulted extensively over the past decade with local and regional governments, third parties and community interests in the Fraser Valley on a wide range of subjects. Since 2000 over 50 public meetings have been held, including consultations with local governments, ratepayers, community leaders, environmental and recreational organizations and third parties including the general public. Fora included formal regional advisory committee meetings, public information meetings, open houses, and open negotiation sessions.
In addition, federal negotiators have met with area fisheries interests on numerous occasions throughout negotiations. Groups met with include recreational fishers and outfitters. These sessions provided Canada's negotiators with a thorough understanding of sector interests and priorities and these interests are reflected in the Yale First Nation Final Agreement.
The April 11, 2013, signing of this Final Agreement by Canada, the Province of BC and Yale First Nation allows the federal government to formally proceed with introducing legislation to ratify the Agreement in Parliament.
Upon passage of legislation by Canada to ratify the Yale First Nation Final Agreement, the parties will need to undertake and complete a variety of activities to prepare for the effective date of the agreement. For instance, both Canada and British Columbia will need to complete the legal transactions necessary to transfer ownership of the provincial Crown lands (in the case of BC) and the Indian Reserves (in the case of Canada) identified in the Final Agreement to the Yale First Nation.
Q.17. What progress has Canada made on BC treaties?
The BC treaty process is delivering results. Tsawwassen First Nation and the five Maa-nulth First Nations are implementing their Final Agreements. In addition to Yale, Sliammon First Nation has completed a final agreement. In-SHUCK-ch and Yekooche nations are nearing final agreements. K'ómoks First Nation has completed an agreement-in-principle. Ten other First Nations are in the process of concluding agreements-in-principle. There are a further 27 First Nations in active treaty negotiations in BC.
Q.18. What progress has Canada made across the country?
Since 1973, across Canada, 24 comprehensive land claims and two stand-alone self-government agreements have been concluded and are being implemented. Of the 24 concluded claims, 18 included provisions related to self-government.
Q.19. What is Canada doing to accelerate progress in treaty and self-government negotiations?
Canada is moving toward a more efficient, effective results-based approach to its participation in treaty and self-government negotiations. This new approach responds to past calls for change. Canada will focus its resources on the most productive negotiating tables, on promoting alternative measures when appropriate, and on streamlining processes.
Q.20. Why is Canada moving toward this new approach?
The status quo is not sustainable. Currently it can take up to 30 years to conclude an agreement, which creates financial liabilities for Aboriginal groups, leaves them with substantial debt, and impedes economic development. It has also spawned a negotiation industry that has no incentive to reach agreement. That is why Aboriginal groups, the provinces and the private sector have long called for a more efficient, effective process. Modern treaties and self-government agreements generate many economic benefits for Aboriginal communities and all Canadians.
Q.21. What are the key elements of the new approach?
The new results-based approach will be based on three key pillars.
Firstly, Canada wants to focus its resources on tables with the greatest potential for success and adjust its participation at tables that are using up valuable resources with little prospect for an agreement. This may include alternative measures to manage Aboriginal rights for tables that need to address specific impediments and also discontinuing negotiations with some non-productive and inactive tables.
Secondly, Canada will consider options to improve access to other tools outside the negotiation process that address Aboriginal rights and promote Aboriginal economic development and self-sufficiency. If a timely agreement is not possible, there would be other options in place to help address the aspirations of Aboriginal communities.
Thirdly, Canada will look at ways to speed up the federal mandating process in response to widespread concern over the length of time this takes.
