Five Vancouver Island First Nations, and the governments of B.C. and Canada reached a major reconciliation milestone in the B.C. treaty process with the signing of the Agreement-in-Principle.

Mark Strahl, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development, the Honourable John Rustad, Minister of Aboriginal Relations and Reconciliation, and Chief Ron Sam, Songhees First Nation, Chief Russ Chipps, Beecher Bay First Nation, Chief Gordon Planes, T’Sou-ke First Nation, Chief Michael Harry, Malahat First Nation, and Chief David Bob, Snaw-Naw-As (Nanoose) First Nation, signed the Agreement-in-Principle.

The Te’mexw Treaty Association Agreement-in-Principle includes provisions for approximately 1,565 hectares of Crown land and transfers of approximately $142 million including a land fund for the 5 First Nations once Final Agreements are reached.

The Agreement-in-Principle contains 27 chapters covering issues including governance, taxation and lands. Processes for transition from the Indian Act to self-government are also set out in the Agreement-in-Principle.

Incremental Treaty Agreements signed in 2013 between B.C. and the five Te’mexw Member First Nations provided for the early transfer of some lands. The second stage of these agreements will provide for the transfer of more lands to some of the Te’mexw Member First Nations as soon as possible after completing the Agreement-in-Principle.

Incremental Treaty Agreements allow First Nations to enjoy economic benefits in advance of a Final Agreement.

Ultimately, treaties provide First Nations with a comprehensive set of tools for self-government and participating in the economy, which in turn provides security and certainty on the land for all Canadians.

Quotes:

Mark Strahl, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development -

“Signing this Agreement-in-Principle is an important milestone towards reconciliation with the Te’mexw First Nations and the start of a new relationship. Apart from creating certainty for investors, this settlement will provide the Te'mexw Member First Nations with the lands, resources and authorities they need to determine their own destiny. This in turn will lead to greater economic self-sufficiency and prosperity including growth in numbers of Aboriginal people in the workforce, and increased support for trained, skilled workers.”

John Rustad, Minister of Aboriginal Relations and Reconciliation -

“Reconciliation of Aboriginal rights and title is a key priority for the Province. This is a powerful example of how negotiations can make meaningful progress in both urban and rural areas of Vancouver Island. Completing the Agreement-in-Principle and embarking on Final Agreement negotiations sets the stage for self-governance for the Te’mexw Member First Nations, certainty on the land base and unlocking economic opportunities that will provide benefits to the wider community.”

Chief Ron Sam, Songhees First Nation -

“Songhees is a nation committed to advancing our people and building our relationship with our neighbours and all of British Columbia and Canada. This Agreement-in-Principle is a welcome step forward on the path to a positive, respectful relationship.”

Chief Russ Chipps, Beecher Bay First Nation -

“When our negotiators - after years of hard work - initialled this Agreement-in-Principle more than six months ago I called for British Columbia and Canada to join us in the canoe and to help paddle. It brings joy to my heart to see this agreement today and to see all of us truly pulling together for a better tomorrow for all of us.”

Chief Gordon Planes, T’Sou-ke First Nation -

“Our ancestors committed themselves to protecting our way of life and building an even better future for our people when they made the first treaties with the Crown in the 1850's. We are honouring their accomplishments as we build on the foundation that they laid by signing this Agreement-in-Principle today and continuing our work toward a modern treaty with Canada and British Columbia.”

Chief Michael Harry, Malahat First Nation -

“Malahat has long waited for the Crown to truly fulfill its duties to our people and celebrate this step forward in achieving the respect and recognition that our people have long demanded. We see this Agreement-in-Principle as another building block in a true new relationship between Malahat and the people of British Columbia and Canada.”

Chief David Bob, Snaw-naw-as (Nanoose) First Nation -

“Snaw-Naw-As is pleased that we have reached this milestone. Our late Chief and Chief Negotiator Wilson Bob laboured long and hard on behalf of Snaw-Naw-As and all of the Te’mexw Nations and we stand here today in large part because of his work and the work of the others who have come before us.”

Quick Facts:

• The five Te’mexw Member First Nations are located on southern Vancouver Island.
• A 2009 report by PricewaterhouseCoopers, concluded that completing treaties with First Nations will deliver more than $10 billion in benefits to British Columbia's economy over the next 15 years.

Learn More:

For more information about the Te’mexw Treaty Association: temexw.org

For more information about the Ministry of Aboriginal Relations and Reconciliation: gov.bc.ca/arr

For more about information about Aboriginal Affairs and Northern Development Canada: www.aadnc-aandc.gc.ca

For more about the B.C. Treaty Commission: bctreaty.net

For a copy of the Te’mexw Treaty Association Agreement-in-Principle: ow.ly/LmhlQ

A backgrounder follows.

Media Contacts:

Emily Hillstrom
Press Secretary
Office of the Minister of Aboriginal Affairs and Northern Development
819 997-0002

Media Relations
Aboriginal Affairs and Northern Development Canada
819 953-1160

Edward Hill
Ministry of Aboriginal Relations and Reconciliation
250 812-2671

Yvon Gesinghaus
Treaty Coordinator
Te’mexw Treaty
250 889-9877

BACKGROUNDER

AIP between the Te’mexw Member First Nations, Canada and British Columbia

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.

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.

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.

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.

Media Contacts:

Emily Hillstrom
Press Secretary
Office of the Minister of Aboriginal Affairs and Northern Development
819 997-0002

Media Relations
Aboriginal Affairs and Northern Development Canada
819 953-1160

Edward Hill
Ministry of Aboriginal Relations and Reconciliation
250 812-2671

Yvon Gesinghaus
Treaty Coordinator
Te’mexw Treaty
250 889-9877