July 23, 2015
An Agreement-in-Principle is the fourth stage of the six-stage B.C. Treaty Commission process. A treaty will bring certainty with respect to the Wuikinuxv Nation's rights to use, own and manage lands and resources within its traditional territory. It will provide the Wuikinuxv with modern governance tools to build strong and workable relationships with other governments, including federal, provincial and local governments.
The following outlines elements proposed in the Agreement-in-Principle.
The Wuikinuxv Agreement-in-Principle proposes a land package of approximately 14,646 hectares of Wuikinuxv Lands, including: 6,670 hectares of Provincial Crown land; 7,276 hectares of provincial Crown land designated as conservancy land, park and biodiversity areas; and 700 hectares of existing Wuikinuxv Indian reserves. Under a Wuikinuxv treaty, land designated as conservancy, park or biodiversity areas will be managed with protections equivalent to those currently in place, and all treaty land will be held in fee simple by the Wuikinuxv Nation. Fee simple ownership will give Wuikinuxv title to the land and opportunities for long-term economic benefits.
Under a treaty, the Wuikinuxv Nation will operate within the framework of the Constitution of Canada and the Canadian Charter of Rights and Freedoms will apply to the Wuikinuxv Nation government.
The Wuikinuxv Nation will have its own constitution that will provide for the structure of the Wuikinuxv government. Continuing their longstanding tradition, under their constitution, the Wuikinuxv government will be democratically elected and accountable.
With the exception of determining Indian status, after a transition period the Indian Act will no longer apply to the Wuikinuxv Nation, their lands or members. Instead, constitutionally protected self-government provisions will enable Wuikinuxv to make decisions about matters related to the preservation of their culture, the exercise of their treaty rights, and the operation of their government.
Wuikinuxv will also have the authority to make laws necessary to manage treaty settlement lands, matters internal to the community and integral to its culture, and for the provision of social and other services to the First Nation members or people living on treaty settlement land.
Federal and provincial law will also apply on treaty settlement lands. The treaty will set out which law prevails if a Wuikinuxv law conflicts with a federal or provincial law.
The Agreement-in-Principle proposes a transfer of $7.3 million, to be adjusted for inflation from the fourth Quarter of 2012 to the treaty effective date. Additional funding for programs and services, such as education, will be provided through funding agreements.
The Wuikinuxv Nation will have the right to harvest plants, wildlife and migratory birds for food, social and ceremonial purposes within the Wuikinuxv Harvest Area as defined in the treaty. These rights will be subject to conservation measures, public health and public safety regulations.
