Vaughn Palmer: There has to be a better way to resolve overlapping claims in B.C. treaty process

Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs. Photo by NICK PROCAYLO /PNG

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VICTORIA — The New Democrats face growing calls to pause action on two Indigenous treaties now before the legislature to allow time to sort out overlapping territorial claims and other uncertainties.

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The Haisla Nation joined the chorus this week by targeting the proposed treaty with the Kitselas nation, based, like the Haisla, in northwestern B.C.

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“Treaties are a critical pathway to reconciliation and recognition of Indigenous rights and title,” the statement said. “However, those outcomes must not come at the expense of other nations or through processes that leave key issues unresolved. Multiple nations have stated that the Kitselas treaty is proceeding despite unresolved territorial overlaps and without their consent.”

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“This approach disregards the reality of overlapping and shared territories, fails to secure free, prior, and informed consent from all impacted Nations, places First Nations in conflict with one another and advances legislation despite outstanding disputes and opposition.”

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That was Wednesday. A day earlier, the Wei Wai Kum First Nation, the Nine Allied Tribes and the Lax Kw’allams Band shared a platform in Victoria to call for a 180-day pause on Kitselas and a second treaty with the K’ómoks Nation on Vancouver Island.

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Wei Wai Kum Chief Chris Roberts said that 80 per cent of the land recognized in the K’ómoks treaty overlaps with territories claimed by neighbouring First Nations.

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His nation is already reviewing its legal options in the event the province persists in passing the treaty. He also hinted that members might take action outside the courts.

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“People need to remember what we have in our territory,” Roberts told reporters. “We have a B.C. Hydro dam that covers nearly 50 per cent of Vancouver Island’s power needs. We have the Island Highway, which runs through our lands, our territory and past reserves. We have an $800-million wind farm project we’re trying to advance.”

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The week before there had been a like-minded call for a pause from the Union of B.C. Indian Chiefs.

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“Reconciliation cannot be achieved through incomplete or unilateral processes,” said UBCIC Grand Chief Stewart Phillip. “Moving forward without resolving shared territory and overlap issues risks undermining relationships between Nations.

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“Advancing treaty legislation with unresolved boundary issues is irresponsible and will be challenged,” said Phillip, who was recently instrumental in persuading Premier David Eby to back off changing the Declaration on the Rights of Indigenous Peoples Act.

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The Kitselas and K’ómoks treaties are under attack from other quarters as well.

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The B.C. Conservatives have criticized the New Democrats for weakening the treaty language on certainty and finality, two of the original selling points for treaty-making in B.C.

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The Opposition also questioned the decision to make these the first treaties in B.C. to incorporate the UN Declaration on the Rights of Indigenous Peoples.

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UNDRIP, as it is known, is recognized in the text as an “authoritative source” for interpreting the treaty, much as DRIPA made all provincial laws subject to the UN declaration.