The Kwakiutl Treaty Process
At the end of 2003 we stepped back from negotiations at the Winalagalis Treaty Group (WTG) treaty table to pusue issues around the Kwakiutl Douglas Treaty (find out more about the Douglas treaties here). Our Treaty stands right now under Suspension and we recognize that the WTG deals with some fairly complex issues. This past year has been particularly challenging in our relationship with the member nations of the WTG as our treaty table experienced delays and stalling tactics by Canada and BC. The other member nations of the WTG attributed these delays to the fault of Kwakiutl. We maintain all delays were the result of the conduct of the governments who, over the years, have refused to deal honourably with our Douglas Treaty rights. In recognition of the delays to the other member nations of the WTG, Kwakiutl has decided to temporarily step back from the BCTC treaty table. This decision was not made lightly because of the funding repercussions.
Fort Rupert Treaties (Kwakiutl)
The Hudson’s Bay Company and the British Colonial Office Established the Fort Rupert treaties to protect British interests in the coalfields on northeast Vancouver Island. In 1835 Kwakiutl Indians informed the Hudson’s Bay Company of the presence of coal at Suquash, on the coast about 14 km southeast of Fort Rupert. In 1836, the Company’s steamer Beaver was sent to examine the coal outcrops. The “Quaquills” in whose territory the coal was located would not permit the Hudson’s Bay Company to work the coal as it was valuable to them; the Kwagu’l stated that they would mine the coal themselves and sell it to the Company.
A trade in coal at Suquash, known as “Coal Mine” by the Company, soon developed between the Kwakgu’l and the Hudson’s Bay Company. As this trade in coal went on for a number of years, the Hudson’s Bay Company recognized the economic value of the coal fields. They attracted the attention of the American firm of Howland & Aspinall, who where under contract to the United States Navy Department to transport mail in steamers between Panama and Oregon. Coal for these steamers was supplied from Wales, and the Americans Aspinal negotiated with the Hudson’s Bay Company to obtain Vancouver Island Coal. In May of 1849, the Hudson’s Bay Company began to build Fort Rupert in Beaver Harbour, as a base from which to develop the coalfields at Suquash and other places in the region. The Company also kept its traditional interest in the furs in the region, but his was a secondary economic consideration.
Stages in the BC Treaty Process:
Stage ONE - Submission of Statement of Intent
A Statement of Intent was prepared and submitted to the BCTC on February 4, 1997 and was accepted by the BCTC in mid-March 1997. The Kwakiutl First Nation’s Statement of Intent included a map of the Kwakiutl Traditional Territory.
The negotiation process begins when the First Nation sends the British Columbia Treaty Commission (“BCTC”) a statement of intent.
Who is the British Columbia Treaty Commission?
It is a body established by First Nations in B.C and the Federal and Provincial Governments. The role of the BCTC is to assist First Nations, Canada and B.C Negotiate modern-day treaties.
Stage TWO Preparation for Negotiations
During this stage, the Parties (First Nation(s), Canada, B.C.) prepare for negotiations by establishing a negotiating team, preparing background research and identifying issues to be negotiated. Before moving into the next stage the Treaty Commission will determine whether the three parties are ready to begin negotiations.
Stage THREE Negotiation of a Framework Agreement
A Framework Agreement is a negotiated agenda, which identifies items to be negotiated, and establishes a time table and any special procedural arrangements for the negotiations.
Stage FOUR Negotiation of an Agreement-in-Principle
During this stage the parties reach the major agreement, which will form the basis of the Treaty.
Stage FIVE Negotiation to finalize a Treaty
At this stage, parties will work towards finalizing their treaty, which will formalize the agreements reached at Stage Four. At this stage, the parties will also have to agree on implementation plan.
Stage SIX Implementation of the Treaty
The parties will work together to implement the Treaty in Accordance with the plan.
