Introduction
Milestones
Milestones
Stage 5
6 Stages
Recognition
Living Document
Loan Forgiveness
Chapters
Chapters
Preamble
General Provisions
Lands & Water
Forests & Wildlife
Governance & Finance
Procedures
Questions
Questions
What Stage are we in?
Will I keep my Status?
Do I lose my tax exemption?
My Health
ITA Agreement
Reflections
Credits

Treaty

Standing up for our Lands, Waters, and Culture
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WELCOME

- Ǧilakasl̓a -

OUR TERRITORY

Our Ligʷiłdaxʷ Territory

WHY TREATY?

Getting out of Indian Act
Why are we in Treaty?
Motivating membership
Becoming informed

STAGE 5

Which Treaty stage are we in?

There are 6 stages to the treaty process. In 2019, We Wai Kai advanced to Stage 5. This is exciting because in Stage 5, issues of fundamental importance to We Wai Kai are negotiated.

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STAGES OF A TREATY

Stage 1

- Statement of Intent to Negotiate

Stage 2

- Readiness to Negotiate

Stage 3

- Negotiation of a Framework

Stage 4

- Negotiation of an Agreement in Principle

Stage 5

- Negotiation to Finalize a Treaty

Stage 6

- Implementation of the Treaty

1

Statement of Intent to Negotiate

In Stage 1, First Nations submit a Statement of Intent to negotiate a treaty with Canada and BC through the British Columbia Treaty Commission.

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2

Readiness to Negotiate

In Stage 2, The British Columbia Treaty Commission declares the table ready to begin negotiating a Framework Agreement.

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3

Negotiation of a Framework

The Framework Agreement is the “table of contents” of a comprehensive treaty. The parties agree on the subjects to be negotiated and an estimated time frame for Stage 4, Agreement-in-Principle negotiations. Canada and BC engage in public consultation at the local and regional levels at this stage.

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4

Negotiation of an Agreement in Principle

Stage 4 is called the Agreement-in-Principle stage. Here, substantive treaty negotiations start. The goal is to reach agreement on the topics that form the basis of the Treaty, for example, existing and future interests in land, sea and resources; government structures; laws; regulatory processes; amending processes; dispute resolution; fiscal relations and so on. Negotiations or agreements at this stage are not legally binding.

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5

Negotiation to Finalize a Treaty

We Wai Kai signed a “Transition to Stage 5 Negotiations” Commitment Agreement on June 6, 2019, that advanced our Nation to Stage 5. In Stage 5, called Final Treaty Negotiations, technical and legal issues are resolved, and the actual Treaty language is developed. The Treaty is a unique, constitutionally protected agreement that is ready for ratification by We Wai Kai at the conclusion of Stage 5.

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6

Implementation of the Treaty

If the treaty is ratified by the Nation at the end of Stage 5, we move to Stage 6. This begins with building a long-term implementation plan and includes drafting the laws and building the governance structure we need for a post-treaty world. This process is funded to ensure that all aspects of the Treaty will be realized.

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choose
A stage

RECOGNITION

In April of 2019, the We Wai Kai Council signed an agreement to advance to Stage 5 of treaty negotiations. The agreement is called “We Wai Kai Transition to Stage 5 Negotiations Under the BC Treaty Process.” In this stage, there is a commitment from Canada and BC to negotiate topics that they would not discuss in Stage 4.

For example, this means they will now discuss the future financial relationship between We Wai Kai and the government, revenue sharing, fish, shared-decision making and a comprehensive land package. They also commit to bring government decision makers, experts, and funding to ensure negotiations keep their momentum until we reach a Treaty to present to the community for a vote.

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RECOGNITION

KEEPING OUR RIGHTS & TITLE!

When treaty negotiations first began, Canada and BC required First Nations to surrender or modify their Aboriginal rights and title. This is one reason so few treaties have been signed in BC. Many Nations, including us, fought a long battle to change this.
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In 2018, Canada changed its position and in 2019 BC passed legislation that seeks to implement the UN Declaration on the Rights of Indigenous Peoples. Now, new treaty language recognizes our ongoing Aboriginal rights and title. This big and long-fought win ensures that our Aboriginal title is not lost through treaty.

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LIVING DOCUMENT

Living document

Keeping Treaty MODERN!

One fear in treaty is that it will become old and obsolete. We Wai Kai, along with several other Nations, spent much time ensuring this won’t happen to your treaty. In our current negotiations we will include “periodic renewal," meaning that at regular intervals our treaty or its parts can be revisited and updated. This will allow us to keep the treaty modern and to include language that comes from important court decisions or useful government policies. This means that the treaty will remain relevant for generations to come.

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LOAN FORGIVENESS

$5,707,246

In March of 2019, Canada committed to forgiving all treaty debt and that no further debt will be incurred. This ensures we can negotiate a full treaty package without any financial risk. On March 31, 2020, the debt was officially removed from our Nation's books!

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Loan forgiveness $5.7M (0:26)
Big relief and fresh start (1:16)

PREAMBLE

The Preamble of a Treaty acts as its Introduction. It sets out the principal parties:

the First Nation, Canada and British Columbia.

The Preamble is explicit in referencing Section 35 of the Constitution Act 1982 that recognizes and affirms our existing aboriginal and treaty rights, including Aboriginal title.

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The Preamble establishes the relationship between our Nation, Canada and British Columbia, acknowledges some history between us and sets out principles, objectives and visions for the Treaty. Additional Preamble components may include acknowledgement of traditional and unwritten laws and how the modern Treaty will uphold ancestral practices and principles.

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PREAMBLE

GENERAL PROVISIONS

General Provisions set out the over-riding legal principles in Treaty. These include the principle that the Treaty is constitutionally protected and over-rides federal and provincial laws. First Nations have succeeded in moving the governments away from the old extinguishment or modification of aboriginal rights model. New treaty language includes recognition and non-extinguishment of aboriginal rights, and the recognition of the United Nations Declaration on the Rights of Indigenous Peoples.

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LAND
New ITA lands can be leveraged for loans

The Lands Chapter addresses the transfer of Treaty Lands from the government to our Nation and it addresses how the lands will be held. It sets out First Nation law-making authority over Treaty Lands and it defines the right for the Nation to conduct land-use planning and management of the Treaty Lands. The Lands section also outlines how land can be added to our Treaty Lands in the future, how to access Treaty Lands, and how as a Treaty Nation we will work with neighbours through protocol agreements.  

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If there are pre-treaty interests in the Treaty Lands, for example, permits, tenures, or leases, these interests can only remain with our consent, and they will be identified in the Treaty. Otherwise, all previous interests in our Treaty Lands will be removed under Treaty and before they are transferred back to us.

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WATER

The Water chapter addresses issues that pertain to water use and importantly, the amount of water that is specifically available to us under Treaty. This water will come from water bodies within or nearby our Treaty Lands. Here, watersheds of importance to the Nation may be addressed in the form of shared decision making with the Province or Canada. Laws with Environmental Protections may be an outcome of the Treaty  to ensure conservation and preservation of ecosystems and aquatic habitats.

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FORESTS

Non-Timber Forest Products

Under Treaty we will own the timber and forest resources on our Treaty Lands. We are also negotiating for forestry volume or tenure outside of Treaty Lands.

Forestry will be one important component of our economic growth, but we will plan in a way that is sustainable and respectful as we steward these lands.

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FOREST MANAGEMENT

Forest cedar harvest

Under Treaty, we will be responsible for managing our forest resources. This includes pest and disease management. There will also be wording in the Treaty on wildfire protection and sharing of fire-fighting costs with the governments.

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PARKS & PROTECTED AREAS

Under the Parks section of Treaty, there is wording about how parks, conservancies and protected areas will be managed. There is an opportunity under treaty to establish shared decision-making agreements to have shared responsibilities for Parks and Protected areas. Here there is an opportunity to identify areas of high significance to our Nation and to work in partnership with the Crown to manage park lands in a manner that reflects our key values and priorities.

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WILDLIFE

Access to elk

This chapter confirms our hunting rights. Wildlife, migratory birds, and hunting allocations are detailed in this section of the Treaty. Under Treaty, a Nation can make laws to regulate the harvest of wildlife and birds on our Treaty Lands. We may also write laws under Treaty that detail the allocation of wildlife, for example Roosevelt elk, and we will continue to be a part of the collaborative decisions around total allowable harvest rates. We can also make decisions around trading and bartering amongst our citizens or with other First Nations in Canada.

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FISH

Fish and Treaty

The Five A-Tlegay Nations, We Wai Kai, Wei Wai Kum, Kwiakah, Tlowitsis and K’omoks, have joined together to negotiate a Fisheries Reconciliation Agreement directly with Canada. This agreement will be referenced in the Treaty. The areas of negotiations currently focus on governance over our resources, management and conservation of fish stocks, and greater access to commercial licences and the development of a robust fisheries economy for our five Nations.

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FISH

Salmon recovery

We are seeking to increase fisheries economic opportunities for members and we are working to play a more significant role in management and conservation. Either through the Reconciliation Agreement or in Treaty, we will negotiate exclusive fishing areas, our role in monitoring and enforcement, habitat enhancement, hatcheries, salmon enhancement, reviving clam gardens, and many issues of interest to our Nations.

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GOVERNANCE

While all topics in Treaty are important, Governance is particularly so. Governance speaks to the Nation, our lands and citizens, and how a constitutionally protected self-government enables us to make our own decisions. We will choose how our government operates. In the Governance Chapter in treaty, Law making authority is laid out, stating the key areas to which we will have authority.

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We choose our governance structure
Leaving the Indian Act

GOVERNANCE

These key areas include treaty land management, resource management on our lands, access to our lands, and environmental protections on our lands. We will also make laws about how we govern ourselves, including the structure of our government, the protection of our families, and how we will support health services, education, and the overall well being of our Nation. The Governance Chapter will also reference the Constitution that our Nation will develop with full input from our members.

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INTERGOVERNMENTAL RELATIONS

Intergovernmental Relations are also addressed in the Governance Chapter. This section speaks to our relationship with the local governments of our neighbours, for example, the City of Campbell River, Strathcona Regional District and neighbouring First Nations. As a Treaty Nation we will be responsible for managing our relationship with local governments and we may enter into Agreements for the delivery of services or goods.

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CULTURE

The Culture chapter will set out our Nations’ desire to preserve, promote and share our culture and language for present and future generations. We will also seek language and culture program funding. The culture chapter also speaks to the establishment of Nation-written laws to protect, conserve and manage culturally specific sites and heritage on our Treaty Lands. We will also push to be the decision-maker for permits and the protection of archaeological, cultural and heritage sites in the whole Territory.

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FISCAL RELATIONS

The Treaty will describe the fiscal relationship between the parties (We Wai Kai, BC and Canada). This will include enhanced annual self-governance funding to support We Wai Kai's  Government post treaty.  

It will be based on the true cost of governance, and expenditure needs. It will also include continued funding for programs and services, funding for land and resource management, as well as implementation funding.

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ENROLMENT & ELIGIBILITY

Currently, enrolment and eligibility, or status, is determined by Canada and is based on blood quantum as per the Indian Act. Under Treaty we will decide who is a citizen and this decision will be protected in our Constitution. An individual is eligible for enrolment under Treaty if that individual is:

A

a member, or was entitled to be a member, of the Nation under the Indian Act as of the day before Treaty’s Effective Date

B

or if the person was adopted under a law recognized in Canada or by the Nation’s custom, by an individual who is eligible for enrolment under the treaty

C

or if the person is accepted into the community, in a way that grants citizenship under our laws.

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ENROLMENT & ELIGIBILITY
Status inclusivity
Status membership

PERIODIC RENEWAL

Periodic renewal

Our Nation, BC and Canada recognize and acknowledge that Treaty is a living Agreement and that it provides the foundation for our ongoing relationship. In the Treaty there is a commitment to the review, renewal or amendment in accordance with the Periodic Renewal section of the Treaty. This ensures the Treaty will keep up with changes in law and policy, and it creates the opportunity to examine if the Treaty is meeting its common objectives.

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PERIODIC RENEWAL

Our Treaty will have meaning in the future
More on periodic renewal

DISPUTE RESOLUTION

Dispute resolution

In Treaty, the Nation, BC and Canada share the following objectives: to cooperate with each other to develop harmonious working relationships, to minimize disagreements, to identify disagreements quickly and to resolve them in the most expeditious and cost-effective manner possible, and to resolve disagreements in a non-adversarial, collaborative and informal atmosphere.

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DISPUTE RESOLUTION

We each desire and expect that most disagreements will be resolved by informal discussions between or among us, and that disagreements not resolved informally will progress, until resolved, through the following stages.

1

Formal, unassisted efforts to reach agreement through collaborative discussions.

2

Structured efforts to reach agreement with the assistance of a neutral entity, who has no authority to resolve the dispute in a facilitated process.

3

Final adjudication in arbitral or judicial proceedings.

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RATIFICATION

It's the membership who will decide if what is negotiated is enough for our Nation. This will be done by a vote. In anticipation of a stronger and better relationship with government, we are supporting our Nations' capacity and governance building so that we are fully ready for changes this new relationship will bring.

A

That all members have a reasonable opportunity to review the treaty Agreement

B

A vote by way of a secret ballot

C

That at least fifty percent plus one of the individuals on the List of Eligible Voters vote in favour of the treaty Agreement

D

That our members ratify a Constitution, and finally

E

That the Treaty be signed by the authorized representative of our Nation

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EFFECTIVE DATE

What is the "Effective Date"?

“Effective Date” means the date upon which the Treaty takes effect. The Effective Date will be set by the Nation and will be long enough after successful ratification to allow for all pre-implementation activities to take place and to ensure readiness for our life under Treaty.

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CASH PAYMENT

What will we do with the Capital Transfer?

Because we are in Stage 5 negotiations, we will begin to negotiate the land and cash agreement that comes to our Nation on the Effective Date of the Treaty. You will find Information on the lands under the “Treaty Lands” button in “Lands.”  The money we get with treaty is called the “Capital Transfer.” There are no requirements for this money, the Nation can use it as it determines is best. It is not meant to be used for implementing the treaty or for paying for the increased governance needs – those costs are paid through “Implementation Funding” and ongoing “Fiscal Relations” with Canada.

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OUR LANDS AND WATERS

In Stage 5, we will negotiate the treaty lands package. This will include Treaty Settlement Land or "TSL" over which we will have full jurisdiction and law making authority. We we will decide how these lands are managed, how they are protected, and if and how they are used by our Nation.
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Outside of TSL, and for the rest of the territory, we will negotiate co-management and co-decision making. Together, TSL and co-decision making will ensure that we are once again active and responsible stewards of our lands and waters.

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FUNDING OUR FUTURE

Funding education and health post-Treaty

Currently, our Nation’s government is funded through Indian Affairs, and generally, we find the funding to be insufficient for everything that we do. In treaty, there will be an ongoing funding relationship with Canada that is based on the true need of our government.
This is outside of the capital transfer that we get with treaty. The ongoing funds will cover our growing administration, the cost of governing ourselves and the cost of managing our lands and resources.
Additionally, our Nation will continue to be funded for health, education and social services at the same level as non-treaty Nations in Canada. It is expected that our own economic growth will enable us to expand these programs to provide more for our citizens.

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FUNDING OUR FUTURE

Maintaining our benefits
Education funding
Funding post-secondary education

GOVERNING OURSELVES

Through treaty we will be a self-governing Nation. We will decide how our government is structured, how decisions are made, and who is considered a citizen.

Our government will be guided by the We Wai Kai Constitution.  We will continue to work on our constitution as a community as treaty negotiations continue.

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TRANSITION FUNDS

Transitioning from INAC organization to our own government takes time and will be expensive. Plus there are a number of initiatives in treaties that cost money. To pay for this, treaty includes an implementation plan that has funding from Canada tied to it.
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Every time the Treaty says that we "will" do something, it is noted in the implementation plan and it will be funded. Canada will pay for it.

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TRANSITION FUNDS

Start-up funding
Transitional period

MODERN TREATY

Modern treaties in BC are constitutionally protected agreements meant to formalize the relationship between our Nation and Canada and BC.
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It is a comprehensive agreement that includes everything from how our Nation’s government will be funded to shared-decision making over our lands and waters. Our treaty is meant to support our ongoing growth and prosperity that will benefit our Nation for generations.

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WHAT STAGE ARE WE IN?

There are 6 Stages in treaty. We are currently in Stage 5. The last stage is Implementation. That occurs if our Nation’s citizenship votes “yes" to the treaty once it is fully negotiated and we reach the Effective Date of our Treaty.

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WILL I KEEP MY STATUS?

Yes, if you have status now, you will not lose status. In fact, anyone eligible to hold status under Indian Affairs policy will continue to be eligible to hold status. However, Indian Affairs will not tell us who can or cannot be a citizen of our Nation under treaty.
That is up to us and will enable us to correct past injustices that have lead to many of our children and grandchildren not holding status and therefore not being a “member” of our Nation.

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Treaty does not affect status
Keeping status

DO I LOSE MY TAX EXEMPTION?

Taxation

The tax piece is still under negotiation and your treaty team understands clearly how important this issue is to our Members. Under Canada’s current position in treaty negotiations, taxes would be paid by our citizens but returned to our Nation.

Their formula is complicated but basically, 100% of the GST collected is returned to the Nation, 100% of income tax is returned to the Nation, 100% of property tax is returned to the Nation and a significant percentage of the PST is returned to the Nation. We Wai Kai leadership recognizes that taxation is not acceptable to many Members and is working with other First Nations to find a resolution.

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DO I LOSE MY TAX EXEMPTION?

Taxation supports the Nation

Under Canada's current mandate, following the treaty's implementation, there would be a phase in period during which our Members would begin to pay sales tax 8 years after the Effective Date and income tax 12 years after the Effective Date.

Our Membership is divided on taxation; some see it as an important part of being a sovereign nation while others see it as an infringement. We are nevertheless working to resolve the taxation issue in negotiations, and work with other Nations to shift Canada’s position.

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MY HEALTH

After treaty, Canada will continue to fund our health care in the same way that it does currently, for those of us who hold status. However, with the expected benefits treaty brings we anticipate eventually improving these benefits over time.

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Healthcare and our future
Secure healthcare funding

MY HEALTH

The importance of our healthcare
Healthcare and benefits

INCREMENTAL TREATY AGREEMENT

ITA benefits
ITA Lands Definitions

The Incremental Treaty Agreement, or ITA, is an early treaty benefit. Our ITA includes almost 7000 acres of forested land around the Campbell Lakes. These lands will be returned to We Wai Kai as private lands for our use and benefit once they are surveyed and transferred from BC.
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Once transferred, these lands promise to bring ongoing economic opportunities to We Wai Kai in the form of forestry but they also bring other land values that are important to our Nation, giving us the opportunity to manage for things like elk hunting and gathering over time. These lands will stay with We Wai Kai regardless of if or when a treaty is passed by our citizens.

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INCREMENTAL TREATY AGREEMENT

ITA Lands Locations
ITA tax

They are excellent forest lands that provide a perfect opportunity for a sustainable forestry operation that will create ongoing annual income. As owners of private lands, we will pay property tax, but this will be included in the operating costs and will be small enough to still ensure a significant annual income from the lands. If treaty is ratified by our citizens, then the ITA lands may become We Wai Kai Treaty Lands and we will have full jurisdiction over them. At that time we will no longer pay property tax on the land and we will determine the laws by which it is managed. The ITA lands are a valuable asset for We Wai Kai and they are only the beginning. Through treaty, there will be other forestry opportunities and other lands that will transfer back to our Nation.

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REFLECTIONS

Our future is bright
Treaty demands
What Treaty will do
Good Governance

CREDITS

Ǧilakasl̓a

to everyone who supported this project from the Nation:

Chief Councillor Ronnie Chickite, Councillor Ted Assu, Councillor Art Wilson, Elder Frances Quocksister, Elder Ralph Dick, Sarah Atwood, Tanille Johnston, Sidney Moon, Stuart Naknakim.

FUNDING - British Columbia Treaty Commission

NARRATION - Stuart Naknakim

FILMING - Greencoast Media

DESIGN - Greencoast Media

CREDITS

Ǧilakasl̓a

to everyone who supported this project from the Nation Chief Councillor Ronnie Chickite, Councillor Ted Assu, Councillor Art Wilson, Elder Frances Quocksister, Elder Ralph Dick, Sarah Atwood, Tanille Johnston, Sidney Moon, Stuart Naknakim.

NARRATION - Stuart Naknakim and Sidney Moon

FUNDING - British Columbia Treaty Common

FILMING - GreenCoast Media

DESIGN - GreenCoast Media

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