Date: April 9, 2015
An Agreement-in-Principle is the fourth stage in the B.C. treaty negotiation process. It is not a legally binding agreement, but forms the basis for the next stage of negotiations, which are aimed at reaching legally binding Final Agreements with each of the Te’mexw Member First Nations –– the Songhees, Beecher Bay, T’Sou-ke, Malahat and Snaw-Naw-As (Nanoose) First Nations.
Once reached, the five Final Agreements will represent a major milestone between the governments of Canada, British Columbia and the First Nations. Final Agreements bring greater certainty with respect to First Nations’ rights to use, own, and manage lands and resources throughout their traditional territories. They also put in place new tools for the development and growth of prosperous Aboriginal communities and provide First Nations with modern governance structures to build strong and workable relationships with other governments, including federal, provincial and local governments.
The Agreement-in-Principle includes a provision that nothing in the Final Agreements will affect any rights (under Section 35 of the Constitution Act) of other First Nations. If a court finds that those rights have been adversely affected, the relevant provision of the Final Agreement will not operate to the extent of the adverse effect and the Parties will make best efforts to remedy or replace the provision.
This Agreement-in-Principle includes provisions with respect to lands, harvesting rights, cultural resources, self-government and other matters. These provisions will be further developed through negotiations in the Final Agreement stage.
The Final Agreements will include a number of elements that are outlined in the Agreement-in-Principle:
Land
The Te’mexw Treaty Association Agreement-in-Principle treaty land package consists of approximately 1,565 hectares of Crown lands, not including the existing Indian Reserves.
Under Final Agreements, all lands will be held in fee simple by the Te’mexw Member First Nations. Fee simple ownership will give Te’mexw Member First Nations the flexibility to manage their lands and generate long-term economic benefits.
Incremental Treaty Agreements
Each of the five Te’mexw Member First Nations and B.C. signed Incremental Treaty Agreements in 2013 that provide for early transfer of certain land parcels for inclusion in the treaty land package. The ITAs provide for transfer of additional lands upon concluding the Agreement-in-Principle.
Songhees First Nation will receive the Provincial Capital Commission headquarters in downtown Victoria, as soon as possible after concluding the Agreement-in-Principle. Songhees First Nation received a commercial building and a parking lot, both in Victoria, B.C., after signing its ITA in 2013.
Beecher Bay First Nation received a 67-hectare land parcel in the shared territories of the Beecher Bay and T’Sou-ke First Nations in the District of Sooke when the ITA was signed in 2013.
T’Sou-ke First Nation will receive a 60-hectare parcel as soon as possible after concluding the Agreement-in-Principle. T’Sou-ke First Nation received an adjacent 60-hectare parcel after signing its ITA in 2013. Both parcels are at Broom Hill, located within T’Sou-ke traditional territory in the Juan de Fuca Electoral Area.
Malahat First Nation will receive a 120-hectare parcel as soon as possible after concluding the Agreement-in-Principle. Malahat First Nation received a 64-hectare parcel after signing its ITA in 2013. Both are in the south Shawnigan Lake area.
Snaw-Naw-As First Nation is scheduled to receive two parcels — 3 hectares and 3.4 hectares — within three years of signing its ITA, within their traditional territory near Parksville. Both land transfers are anticipated to take place within the 2015-16 fiscal year.
Governance
Under the Final Agreements, all Parties, including Te’mexw Member First Nations, will operate within the framework of the Constitution of Canada. The Canadian Charter of Rights and Freedoms will apply to the government of each Te’mexw Member First Nation.
Each Te’mexw Member First Nation will have its own constitution providing the structure of their government, including a process to protect the legal rights of its citizens. Continuing their longstanding traditions, under their constitutions, the Te’mexw Member First Nation governments will be democratically elected and accountable.
The Indian Act will no longer apply to the Te’mexw Member First Nations, with the exception of provisions dealing with status.
In addition to Te’mexw Member First Nation laws, federal and provincial law will also apply on First Nations’ lands. Each Final Agreement will set out which law governs if a Te’mexw Member First Nation law conflicts with a federal or provincial law.
Financial Components
The Agreement-in-Principle provides Te’mexw Member First Nations transfers, including land funds, of about $142 million in total for the five Te’mexw Member First Nations. Additionally, there will be further agreements providing funding for programs and services, such as education.
Harvesting
Harvesting rights and the geographical boundaries of Te’mexw Member First Nation harvesting areas will be negotiated in the Final Agreement. Each Te’mexw Member First Nation will have non-exclusive harvesting rights in areas described in each Final Agreement. These rights will not interfere with the existing rights of other First Nations.
The Te’mexw Treaty Association Agreement in Principle is available online.
