The Legislative Assembly of
British Columbia

Revitalizing the Provincial
Approach to Treaty Negotiations:
Recommendations for a Referendum on
Negotiating Principles

Select Standing Committee on Aboriginal Affairs
Report
2001

November 30, 2001

To the Honourable,
The Legislative Assembly of the
Province of British Columbia
Victoria, British Columbia

Honourable Members:

I have the honour to present herewith Revitalizing the Provincial Approach to Treaty Negotiations: Recommendations for a Referendum on Negotiating Principles, the report of the Select Standing Committee on Aboriginal Affairs for the Second Session of the Thirty-Seventh Parliament.

The report covers the work of the Committee with respect to the questions which the Government of British Columbia should submit to voters to implement the Government's commitment to "give all British Columbians a say on the principles that should guide B.C.'s approach to treaty negotiations, through a one-time, province-wide referendum".

Respectfully submitted on behalf of the Committee,

 
John Les, MLA
Chair 

TABLE OF CONTENTS

COMPOSITION OF THE COMMITTEE

TERMS OF REFERENCE

That the Committee report their recommendations to the Legislative Assembly no later than November 30, 2001.

In addition to the powers previously conferred upon the Select Standing Committee on Aboriginal Affairs, the Committee shall be empowered:

(a) to appoint, of their number, one or more subcommittees and to refer such subcommittees any of the matters referred to the Committee;

(b) to sit during a period in which the House is adjourned and during any sitting of the House;

(c) to adjourn from place to place as may be convenient;

(d) to retain such personnel as required to assist the Committee;

(e) to permit minority opinions in a report of the Committee;

COMMITTEE PROCESS

On August 27, 2001, the Legislative Assembly instructed the Select Standing Committee on Aboriginal Affairs to report by November 30, 2001, on the form and content of questions that should be used in a one-time, province-wide referendum on principles that should guide BC's approach to treaty negotiations.

The Committee was composed of ten Members of the Legislative Assembly, all of whom are Government caucus Members of the Assembly. In keeping with the traditional practice of all-party representation on legislative committees, the Opposition caucus was invited to nominate a member to sit on the Committee but declined the offer.

The mandate of the Committee was to listen to all British Columbians, Aboriginal and non-Aboriginal, and to report its recommendations to the Legislative Assembly on issues relating to questions to be used in the referendum. A travel schedule that included public hearings in 15 communities in all geographic areas of BC was undertaken in October and early November. In addition, the Committee held two initial briefing sessions, in Victoria and Vancouver, at which specific context-setting presentations were made by the provincial Treaty Negotiations Office, an Aboriginal women's organization, a negotiator for a First Nation, academics and key interested third parties.

The Committee invited both written and oral submissions from the public. In late September a quarter-page announcement ran in daily and weekly newspapers in BC, including selected Aboriginal papers, inviting people to make written submissions to the Committee or register to present at a public hearing. A website was developed and advertised, with meeting schedules, a Committee brochure, and a comprehensive "links" page referring to key organizations, government and Aboriginal websites as well as brief introductory summaries on key aspects of the BC treaty process.

In advance of each hearing, advertisements were again placed in selected regional daily and weekly newspapers. Radio ads were broadcast three times per day for three days in advance of each public hearing. Media releases were sent out to regional media, Local Governments, community groups, Aboriginal umbrella groups, Members of Parliament constituency offices and Members of the Legislative Assembly constituency offices a week in advance of regional public hearings.

Prospective witnesses registered with the Office of the Clerk of Committees to reserve a speaking time, and time was also made available at the public hearings for unscheduled speakers, who were allowed to register at the door whenever possible.

The Committee heard from a total of 482 people and organizations. Submissions included 233 oral presentations at public hearings (of which 138 were also submitted in writing) and 249 written submissions.

The Committee wishes to acknowledge the large number of local MLAs who did not serve on the Committee but who made the effort to attend local public hearings in their ridings and assist in raising awareness about public hearings in their communities.

The Committee also acknowledges the work of several individuals who aided the Committee at all stages of its work. Kate Ryan-Lloyd, the Committee Clerk, traveled with the Committee throughout and provided much-appreciated administrative and procedural advice. Tamara Little, Committee Consultant, also attended public hearings with the Committee, assisted with technical issues related to Aboriginal and treaty policy, drafted the report and generally supported the Committee. Assistant Researcher Audrey Chan assisted with briefing materials and submission summaries. Dorothy Jones traveled with the Committee to some communities. Mary Newell and Karen Heighes handled the challenging Committee travel plans and logistics and arranged for witness participation.

Transcripts of the Committee's public hearings are available at www.legis.gov.bc.ca/CMT/37thParl/aaf/index.htm.

HEARING SCHEDULE AND LIST OF MEETINGS

EXPLANATORY NOTE

This report recommends a process of reconciliation; a series of referendum questions, to be based on current and expanded provincial negotiating principles; and a type of ballot to be used in the referendum.

This report limits its review to the matter at hand, the referendum questions, rather than undertaking a broader analysis of the treaty process and specific elements within it. For a variety of reasons witnesses provided advice on topics much broader than the focus of this Committee. We heard from a variety of people and organizations, all of whom provided insight and heartfelt advice on issues relating to the treaty process, Aboriginal history and culture as well as the referendum and its questions.

However, because of its limited mandate the Committee has not summarized this material in its report. There may be an opportunity in the future for this Committee to more carefully review the broader issues and perhaps further investigate them, with the assistance of both the public and experts interested in and knowledgable about treaty negotiations.

Transcripts of oral presentations made during the public hearing process will remain on the website of the Office of the Clerk of Committees. The Committee strongly urges those interested in the current BC treaty process to carefully review the Hansard transcripts of the two briefings and 15 public hearings. These transcripts are a remarkable resource for those interested in building on the current process, reflecting on the challenges and successes to date, and describing ways to improve negotiations in such diverse areas as public education and the role of the BC Treaty Commission.

The Appendices include a list of oral and written submissions to the Committee. The Committee was interested in hearing people's views and ideas. Submissions, oral and written, may contain various misinterpretations of the often complex fields of Aboriginal policy, law and history. The Committee reports the input as views expressed by the public and does not take responsibility for the accuracy of views presented.

The Committee wishes to thank all the individuals and organizations that provided written and oral submissions. The Committee heard from a large number of Aboriginal people, speaking on their own behalf or for governments and organizations. Members valued and appreciated the personal stories told by Aboriginal participants, particularly Aboriginal women and youth who spoke on issues relating to themselves and their families.

RECONCILIATION — A CONTEXT FOR TREATY NEGOTIATIONS

"It will take foresight, political courage and commitment to conclude treaties that bring harmony and reconciliation to BC." Isabel Heaman, November 2, 2001, Victoria

RECOMMENDATION:

Your Committee recommends that a process of reconciliation, including an expression of regret by the Government of British Columbia regarding the experiences of Aboriginal people, be undertaken.

BACKGROUND

This recommendation is based on many statements by witnesses who emphasized that reconciliation must be the general goal of treaty negotiations and should also define a new relationship with all Aboriginal people, including those not in the treaty process. This reconciliation process will need to happen at a provincial level and involve the most senior of government representatives. It will also need to be undertaken in consultation with the Aboriginal people and their governments: their role in this process is vital and valued. The Committee envisions treaties perhaps including specific language addressing reconciliation. The Committee emphasizes that this is a process of community-based reconciliation and is not meant to attribute blame or guilt to individuals.

There are examples of cultural healing between settler communities and indigenous peoples throughout the world. In 1999 the Australian Parliament passed a historic motion of reconciliation, and after a decade of activity the national Council for Aboriginal Reconciliation reported on its final proposals for a Document of Reconciliation. A reconciliation movement took place in 2000, culminating in a national Corroborree or celebration in which a "People's Walk for Reconciliation" in Sidney drew over 250,000 people. In New Zealand, where the Treaty of Waitangi (1840) outlines the relationship between indigenous Maori and settler communities, modern treaties include explicit recognition and apologies for past wrongs and provide a basis for reconciliation.

THE REFERENDUM BALLOT

PROPOSED REFERENDUM ON THE PROVINCIAL PRINCIPLES

INTRODUCTION

We did not hear any substantial opposition to the current principles and therefore recommend that they form the core of the referendum questions to be considered by the public. They have undergone much consideration by the Provincial Government and have served as a basis for negotiations thus far. This report suggests how a one-time, province-wide referendum will bring the provincial negotiating principles to the public.

The Provincial Principles

Although the principles were endorsed by government internally, they have never been brought to the public for discussion, consideration and potential endorsement. That is the function of the referendum. These principles have been reviewed and clarified by the Committee. Some of the original principles have been included in the proposed referendum ballot; some have been included in the preamble statements. These expanded and enhanced principles will serve as the basis for the referendum ballot.

A Note on the B.C. Task Force Principles and the B.C. Treaty Commission 

Designated as the "keeper" of the treaty process, the B.C. Treaty Commission (BCTC) is responsible for monitoring these key process principles, which are not being considered or questioned by this Committee and will not in any way be part of a referendum. A referendum will be limited exclusively to those provincial principles that relate to the internal mandate or approach of the Province.

RECOMMENDATIONS FOR THE REFERENDUM BALLOT

RECOMMENDATION:

Your Committee recommends that the following be the ballot for a referendum on provincial principles on treaty negotiations:

REVIEW OF THE REFERENDUM BALLOT

REVIEW OF THE PROVINCIAL PRINCIPLES

The following sections outline the provincial principles proposed by the Committee for public consideration on the referendum ballot. These background sections explain why expanded and enhanced principles are proposed by the Committee, based on what was presented in hearings and in written submissions.

It is the Committee's hope that the Legislative Assembly will receive and consider these questions, which in due course will form the basis of a referendum that allows all BC citizens to have a direct say on the provincial principles.

INTRODUCTORY STATEMENTS

Vision

The Province of British Columbia is engaged in treaty negotiations with the Federal Government and Aboriginal Governments to reconcile Crown title and claims of Aboriginal title. It is hoped that treaties will serve as a basis for a new relationship that will lead to a prosperous future for all British Columbians.

Whereas:

• The Government of British Columbia has committed to providing the public with a one-time, province-wide referendum vote on the provincial principles guiding treaty negotiations; and
• The objective of this referendum is to receive public endorsement of the principles to revitalize the process of negotiating treaties; and
• A clear definition of Aboriginal rights and title and new relationships with Aboriginal people are best established in treaties; and
• The Canadian Constitution and the Charter of Rights and Freedoms will continue to apply equally to all British Columbians; and
• The Federal Government's primary constitutional and financial responsibility for treaties must be maintained.

BACKGROUND

"Aboriginal people in Canada have constitutionally protected rights that are beyond the authority of the British Columbia Legislature. The reason we are negotiating treaties is so that we can clearly define these rights, eliminate uncertainty and clear up the legislative vacuums." Garry Merkel, October 5, 2001, Kimberley

The Committee has reviewed the current provincial principles in great detail, and recognizes that some current principles are statements of absolute commitments that will not be altered. These principles form part of the preamble statements.

An important example of this is the statement indicating that the Province intends to negotiate treaties as a way to define both Aboriginal rights and a new relationship with Aboriginal people. A referendum question on this issue is inappropriate because there is already a commitment by the Government to negotiate treaties. Another example is the statement relating to the application of the Constitution (including Section 35 recognizing Aboriginal rights) and the Charter of Rights and Freedoms. The application of these statutes cannot be changed by a referendum because they are obligations the Province has within a legal context (e.g., recognition of the Constitution of Canada).

In these cases the concepts have been included as an introduction to the referendum questions, but because they should continue unaltered they are not proposed as questions. The preamble is provided to identify issues that are part of the broader process and approach but do not require further endorsement.

OPENNESS

1. Treaties should be negotiated in as transparent a manner as possible.

3. Local Government participation in the treaty process is guaranteed.

BACKGROUND

The Committee proposes a revised principle on openness that invites responsiveness to community and economic interests (e.g., community groups) because it was asserted at the hearings that more local community involvement in negotiations will lead to relationship-building and potential partnerships. This principle draws on comments made by many third parties and community groups that the process has not fully engaged them, to the detriment of the process and Aboriginal people. Although it is appreciated that negotiations of any sort at certain stages benefit from closed doors, the public overwhelmingly maintained that more, not less, inclusion will create stronger and more durable treaties that will receive the support of the local community.

The Committee heard no opposition to Local Government participation. It should therefore continue as per the 1993 agreement between the Province and the Union of B.C. Municipalities, which stipulates a role for Local Government representatives as advisors on the provincial team. However, the Committee includes a question on Local Government participation as an opportunity for consideration and potential endorsement.

PROPERTY AND INTEREST ISSUES

4. Private property is not negotiable, unless there is a willing seller and a willing buyer.

8. Fair compensation for unavoidable disruption of commercial interests will be assured.

BACKGROUND

The Committee therefore proposes that the referendum include a question re-articulating and clarifying the current principle on private property. This would emphasize that the Province will not use private property for treaty settlements without the express permission of that property owner, who must be a willing seller of that property. In urban areas and in some unique circumstances throughout the province there may be occasions when the only land available is privately held. In these situations it may be of mutual benefit to the Aboriginals and to the property owners to consider having the Government purchase the land from a willing seller and including it in the treaty package. Harmonization of land-use plans should be an issue for consideration therefore a principle on the topic is proposed on the ballot. Representatives of Aboriginal Governments who made presentations to the Committee emphasized that Aboriginal people are not interested in settling treaties by taking land that is currently owned by other people.

The remaining principles comprise current principles with no substantial changes. The current principles are important because they provide direction on how to accommodate other non­fee simple interests in land. For many people such issues are key to their interests in treaty negotiations. An opportunity for consideration and possible endorsement would assist in defining the level of public support for these ideas.

CHARACTERISTICS OF ABORIGINAL GOVERNANCE

9. The Province will negotiate Aboriginal Government with the characteristics and legal status of Local Government.

12. Treaties should provide mechanisms for harmonization of land-use planning between Aboriginal Governments and Local Governments.

BACKGROUND

The Committee has recommended a question on the style of Aboriginal governance as a way of providing the public with an opportunity to consider endorsing the current Government's approach to this issue.

The Current Provincial Principle

However, the Committee agrees that treaties are only one tool available in undertaking a reconciliation process and providing opportunities for increased Aboriginal success in the provincial economy. There may be other, incremental measures that can be developed and implemented as negotiations progress. The Provincial Government has committed to immediately negotiating Local Government­style, delegated Aboriginal governance, outside of treaties, with any Aboriginal groups in BC that choose to do so.

Governance with the Characteristics of Local Government

In terms of the scope of powers for Aboriginal Government many submissions accepted that Aboriginal Governments would need some powers beyond those of Local Governments in order to govern issues "internal and integral" to the culture, such as health or education. The Committee has considered this issue and suggests that the process of expanding Local Government powers and authorities, which has been underway in BC for some time, may begin to address these interests.

Local Governments now vary significantly from one another in terms of the services they deliver and their form of organization. There is potential for Aboriginal governance, based on the evolving Local Government model.

Aboriginal Women

Administrative Simplicity and Jurisdictional Clarity

A revised principle would support the goal of minimizing any jurisdictional overlap and reducing situations where two governments have law-making and regulatory responsibilities for the same land base. This in turn would encourage better treaties. Consultation requirements should be clarified, and treaties should not impose any further consultation requirements that would result in an unmanageable entanglement of rules and regulations off treaty lands.

Witnesses referred to the need for certainty. Aboriginal treaty rights must be clearly identified and land title must be strictly delineated, making it clear which lands are under Aboriginal jurisdiction. A principle that encourages limiting any unnecessary complexities would help ensure that Aboriginal governance does not act as a deterrent, but rather as an encouragement, to economic success in the province.

Harmonization

"What we'd like in terms of the treaty process and your work is to make sure that there's some coordination between the land-use planning that happens in the trust area between the non­First Nations communities and the First Nations communities. There's a need, where there are parallel communities, for a parallel process where we can coordinate the land-use activities between the First Nation and the non­First Nation communities on these islands." David Essig, November 2, 2001, Victoria

SETTLEMENT

13. Affordability should be a key factor in determining the amount of land provided in treaty settlements.

16. Treaty benefits, including cash and land, should be distributed and structured to create economic opportunities for all, including those living on and off reserve.

BACKGROUND

Affordability

According to the witnesses heard by the Committee, affordability must be a central principle for treaties. Expectations have until now been unrealistic in terms of the amount of land and cash to be included in settlements. There must be some recognition that amounts must be affordable and reasonable. The provincial principle proposed in this area has been expanded to emphasize the need for land allocations, the primary provincial contribution, to be affordable.

The original provincial principle read: "When the treaty process is complete, the total area of land held by First Nations will be proportional to their population." The Committee has restated this principle to specifically reference the amount of land in settlements instead of focusing on proportionality, the idea that the amount of land offered to Aboriginal people should be a percentage of Crown land that is proportional to their population. The Committee supports a criterion based on affordability, not proportionality, as the basis of developing land amounts.

The Committee recognizes that the issue of affordability and land amounts may be something already considered by the Government. This knowledge could guide the Government in developing a more precise principle relating to the actual amounts of land in treaties. The Committee strongly urges the Government to examine the issue of affordability carefully and to consider the costing of treaties, including short- and long-term costs (e.g., implementation), as well as full value of land (including full values of subsurface interests and forestry resources).

Economic Viability for All Citizens, including Aboriginal People On and Off Reserve

"Let's not repeat the error of thinking that if communal ownership doesn't work, more of it will solve the problem. It will not and cannot. I believe that people ought to have a choice as to existing reserves. If they want to keep the 800,000-or-so acres that are set up as existing reserves in British Columbia, we should not take that away unless people vote to change the system to suit their aspirations." Owen Anderson, October 18, 2001, Vancouver

A key result of treaties may be ensuring that Aboriginal people can participate, as communities and as individuals, in a healthy and vibrant economy. For instance, the public supports a mechanism by which Provincial Government negotiators can focus attention on the opportunities for treaty settlements which include a mixture of individually and communally or government-owned lands. There may be other models in jurisdictions such as Alaska, where land ownership is vested in corporations which have individual Aboriginal shareholders.

Many presenters emphasized that in this economy, economic success is based not only on entrepreneurial spirit, skill, or money but also on capital, which often depends on individual and legal rights to property. There may be some benefit in raising the matter of balancing interests in communal ownership with the broader economy, where there is a relationship between clearly defined individual property ownership and economic success.

"I would personally like you to include, when you do draft your question, some passage in it that addresses the significance of the off-reserve and urban Aboriginal experience. It is so crucial. " Dr. John Richards, October 18, 2001, Vancouver

Individual Aboriginal people living off reserve emphasized that they do not necessarily feel treaties will benefit them. The Committee supports treaties and settlements being structured to meet the needs of off-reserve Aboriginal people. The Committee envisions that a principle on this topic, if endorsed, could be the basis for the Province to further consider how to create treaties that lead to improved economic and living conditions for all Aboriginal people.

In addition, treaties should provide a full definition of the treaty rights of all Aboriginal people, regardless of where they live now or in the future. Once this is done, the Province can be confident that all obligations have been met and certainty achieved regarding previously undefined Aboriginal rights.

REFERENDUM PROCESS

REFERENDUM FORMAT

RECOMMENDATION

Your Committee recommends that the referendum ballot be in the form of a mail-in ballot.

The advantages of a mail-in ballot are considerable. It is cost effective, easier to conduct, and should increase participation. Perhaps the most important reason for recommending a mail-in ballot, however, is the ability to include additional information that discusses key points of the provincial principles. It provides time for voters to consider all materials. Although new to BC, mail-in ballots are well tested in other jurisdictions and mitigate some of the challenges of holding a traditional referendum on a complex topic.

PUBLIC INFORMATION

"If the referendum process does nothing else but educate all British Columbians on this issue [of treaty negotiations], it will have been a great success." Gordon Gibson, September 26, 2001, Vancouver

The Committee notes that the issue of public information on treaty negotiations is an important one and encourages all parties, including the B.C. Treaty Commission (BCTC), the Federal Government and the Province and its appropriate Ministries to seriously consider how to implement effective public information as negotiations progress. Providing such information has been a weakness of the BC treaty process, despite efforts by the BCTC and others. This information shortfall will not be overcome quickly, but a continued and sustained effort will help reduce misconceptions and help ensure that British Columbians are involved in this important public policy issue. The Committee emphasizes the importance of making neutral information about the referendum process available to the voting public. 

APPENDICES

APPENDIX I — SUMMARY OF RECOMMENDATIONS AND REFERENDUM QUESTIONS

RECOMMENDATION:

Your Committee recommends that a process of reconciliation, including an expression of regret by the Government of British Columbia regarding the experiences of Aboriginal people, be undertaken.

RECOMMENDATION:

Your Committee recommends that the following be the ballot for a referendum on provincial principles on treaty negotiations:

Vision

• The Province of British Columbia is engaged in treaty negotiations with the Federal Government and Aboriginal Governments to reconcile Crown title and claims of Aboriginal title. It is hoped that treaties will serve as a basis for a new relationship that will lead to a prosperous future for all British Columbians.

Whereas:

• The Government of British Columbia has committed to providing the public with a one-time, province-wide referendum vote on the provincial principles guiding treaty negotiations; and
• The objective of this referendum is to receive public endorsement of the principles to revitalize the process of negotiating treaties; and
• A clear definition of Aboriginal rights and title and new relationships with Aboriginal people are best established in treaties; and
• The Canadian Constitution and the Charter of Rights and Freedoms will continue to apply equally to all British Columbians; and
• The Federal Government's primary constitutional and financial responsibility for treaties must be maintained;

Therefore, do you support the following provincial principles for negotiation:

RECOMMENDATION:

Your Committee recommends that the referendum ballot be in the form of a mail-in ballot.

APPENDIX II — LIST OF WITNESSES

APPENDIX III — DEFINITION OF ABORIGINAL RIGHTS

Aboriginal Rights:

• refer to practices, tradition or customs ("activity[ies]") which are integral to the distinctive culture of an aboriginal society and were practiced prior to European contact, meaning they were rooted in the pre-contact society (the date is no longer prior to 1846, the date British sovereignty was asserted in B.C.);
• must be practiced for a substantial period of time to have formed an integral part of the particular aboriginal society's culture;
• must be an activity that is a central, defining feature which is independently significant to the aboriginal society;
• must be distinctive (not unique), meaning it must be distinguishing and characteristic of that culture;
• must be based on an actual activity related to a resource: the significance of the activity is relevant but cannot itself constitute the claim to an aboriginal right;
• must be given a priority after conservation measures (not amounting to an exclusive right);
• must meet a continuity requirement, meaning that the aboriginal society must demonstrate that the connection with the land in its customs and laws has continued to the present day;
• may be the exercise in a modern form of an activity that existed prior to European contact;
• may include the right to fish, pick berries, hunt and trap for sustenance, social and ceremonial purposes (for example, ceremonial uses of trees and wildlife locations);
• may include an aboriginal right to sell or trade commercially in a resource where there is evidence to show that the activity existed prior to European contact "on a scale best characterized as commercial" and that such activity is an integral part of the aboriginal society's distinctive culture;
• may be adapted in response to the arrival of Europeans if the activity was an integral part of the aboriginal society's culture prior to European contact;
• do not include an activity that solely exists because of the influence of European contact;
• do not include aspects of aboriginal society that are true of every society, such as eating to survive.

APPENDIX IV — DATES OF INTEREST IN THE HISTORY OF TREATY NEGOTIATIONS

1763
The Royal Proclamation of 1763 by King George III recognizes Aboriginal people as "nations or tribes" and acknowledges that they continue to possess traditional territories until they are "ceded to or purchased by" the Crown.

" . . . Whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds . . .

And We do further declare it to be Our Royal Will and Pleasure, for the present . . . to reserve under our Sovereignty, Protection, and Dominion, for the use of the said Indians, all the Lands and Territories not included with limits of Our . . . new Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and the North West . . ."

1774
First recorded contact by Spanish Explorer Juan Perez Hernandez when he meets Haida near Haida Gwaii. Oral history indicates that some BC First Nations had prior contact with Europeans.

1778
Captain Cook lands on the coast of British Columbia and claims the land for Britain.

1793
British sea captain George Vancouver sails into Observatory Inlet (Ts'im Gits'oohl) and produces first contact between the Nisga'a and explorers.

1843
Fort Victoria is established by James Douglas.

1849
Vancouver Island becomes a British colony. Richard Blanshard is appointed as first governor. The British Crown gave trading rights to the Hudson's Bay Company, and placed it in charge of immigration and settlement.

1850 - 1854
James Douglas, chief factor of Fort Victoria, under instructions to purchase First Nations lands, made a series of fourteen land purchases from Aboriginal peoples. The Douglas Treaties cover approximately 358 square miles of land around Victoria, Saanich, Sooke, Nanaimo and Port Hardy. Natives are paid in blankets and promised the rights to hunt on unsettled lands and to carry on fisheries "as formerly".

1851
James Douglas appointed governor of the Vancouver Island colony, while retaining his Hudson's Bay Company position.

1858
The Mainland becomes the Colony of British Columbia. James Douglas is also appointed governor of the new colony. He resigns his Hudson's Bay Company position.

1859
New Westminster becomes the first capital of British Columbia.

1861
Douglas instructs R.C. Moody, the chief commissioner of lands and works on the mainland colony, to ensure that "the extent of the Indian Reserves . . . be defined as they may severally pointed out by the Natives themselves."

1862
Devastating smallpox epidemic kills approximately one of every three Aboriginal people.

1864
Governor Douglas retires. A.E. Kennedy is appointed in his place.

1866
Colony of Vancouver Island and the Colony of British Columbia are united into a single colony: British Columbia.

1867
Canada becomes a country when confederation joins Nova Scotia, New Brunswick, Quebec and Ontario.

1870
Joseph Trutch, as Chief Commissioner of Lands and Works, writes memorandum denying the existence of Aboriginal title.

1871
The Colony of British Columbia becomes a province within the Canadian Confederation. British Columbia is the sixth province to join the Dominion of Canada.

Joseph Trutch is appointed as the province's first Lieutenant-Governor.

The British North America Act, 1871.

1872
Hundreds of Coast Salish rally outside provincial land registry in New Westminster, on the Lower Mainland, seeking settlement of the Land Question.

1874
56 chiefs approve a petition to federal Indian Commissioner Israel Powell asking for implementation of a federal proposal that reserves contain 80 acres per family.

1876
Indian Act is established. The Act focused on three main areas: Land, Membership, and Local Government. It consolidates all previous Indian legislation; defines Indian status; and gives the Superintendent General administrative powers of Indian affairs.

1880s
European population surpasses Aboriginal population - many Aboriginal people have died from contact with European diseases.

Removing of Native children from home and family for education and "civilization" is begun.

1881
Chief Mountain leads a Nisga'a protest delegation to Victoria.

1884
Indian Act amended to outlaw cultural and religious ceremonies such as the potlatch, which is the major social, economic and political institution of the coastal peoples.

1885
Three Tsimshian chiefs travel to Ottawa and meeting with Prime Minister Macdonald to discuss "our troubles about our land."

1886
Nisga'a in the Upper Nass resist surveyors and begin organized pursuit of land claims.

1887
Nisga'a and Tsimshian chiefs travel to Victoria to discuss the Land Question and self-government with Premier William Smithe. Premier Smithe responds with the myth that Indians could no more be seen as landowners than could the birds or the bears. "When the whites first came among you, you were little better than the wild beasts fo the field."

1889
Federal fishing permit system introduced.

1890
Establishment of the first Nisga'a Land Committee.

1898
The flow of gold-seekers to the Yukon are blocked at Fort St. John by Natives demanding a treaty that defines and protects traditional territories.

1899
Treaty 8 is extended westward into British Columbia from Alberta, and allocates a 5,500 square mile section of northeastern B.C. The Government of British Columbia continues to reject concept of Aboriginal title but does not object to the treaty.

1909
The Nisga'a Land Committee arranges with other northcoast tribes to form the Native Tribes of B.C.

1910
Prime Minister Laurier in Prince Rupert promises to settle the Land Question.

1912
The federal and provincial governments agree that a Royal Commission should re-examine the size of every reserve in the province.

1913
Nisga'a land committee submits petition to British Privy Council to resolve the Land Question. The petition was referred back to Canada.

1916
McKenna-McBride Royal Commission report, intended to "provide a final adjustment of all matters related to Indian Affairs in the province," recommends changing and redistributing reserve lands. The Commission did recommends enlargement of some reserves, but also advises that much valuable land be cut from others.

1919
The Allied Tribes of British Columbia file a petition to the federal and provincial governments that is a comprehensive presentation of all Indian land claims in the province.

1920
Bill 13: British Columbia Indian Lands Settlement Act is passed by the federal government, and implements the McKenna-McBride recommendations. Allows reductions or "cut-offs" of reserves without consent of Aboriginal people, contrary to provisions of the Indian Act.

1923
Natives allowed commercial saltwater fishing licences.

1924
Cut-offs of reserves are carried out with 76 square kilometres of reserve land allocated to Nisga'a.

1926
Chief William Pierrish of Neskonlith goes to London, England, with two other Chiefs to petition the Imperial government regarding the land question. They are intercepted by the High Commissioner of Canada who undertakes to deliver the Petition and pursuades Chief Pierrish to return to Canada.

1927
Parliament appoints a special joint committee of the Senate and House of Commons of Canada to respond to the Allied Indian Tribes of British Columbia. The joint committee decided unanimously that their claim to Indian title in British Columbia was without merit.

1929
Aboriginal population in B.C. less than 30,000, its lowest point since European contact.

1931
Native Brotherhood of B.C. is formed and secretly keeps Land Question discussions alive.

1938
British Columbia Order-in-Council 1036 gives final conveyance of title to Indian reserves in British Columbia to the federal government.

1949
British Columbia government unilaterally grants Indian people the right to vote in provincial elections. Frank Calder is the first native to be elected to the provincial legislature.

1951
Parliament repealed the provisions of the Indian Act that outlawed the potlatch and prohibited "land claims" activity.

1955
The Nisga'a Land Committee is re-established as the Nisga'a Tribal Council.

1960
Aboriginal people on reserves granted the right to vote in federal elections. Phasing out of Indian residential schools begins.

1965
Nanaimo natives arrested for hunting in unoccupied portion of Nanaimo treaty area. Province argues Douglas agreements were not treaties. Supreme Court of Canada disagrees, causing Aboriginal rights to emerge as a serious issue in Canadian courts.

1966
The federal Department of Indian Affairs and Northern Development (DIAND) is formed.

1968
Nisga'a take the Land Question to court (Calder), seeking a declaration that they had held Aboriginal title to the land prior to colonization, and that their title had never been extinguished.

1969
B.C. Association of Non-Status Indians (BCANSI) formed.

1973
Calder Decision: The Supreme Court of Canada rules that the Nisga'a had held Aboriginal title before settlers came, but the judges split evenly on the question of the continuing existence of their title.

1974
Federal government starts negotiations with Nisga'a in north western B.C.

1976
The federal government adopts a "comprehensive land claims policy." Under the Comprehensive Claims policy, only six land claims could be negotiated in Canada at any one time, and only one per province.

1982
Constitution Act recognizes and affirms existing Aboriginal and treaty rights, but leaves question of unextinguished title open for courts to decide.

(1) The existing Aboriginal and treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed.

1984
Guerin v. The Queen: Final ruling in Musqueam Indian Band's 1975 lawsuit against federal government over the lease of 162 acres of reserve land to the Shaugnessy Golf Club (in Vancouver) in the late 1950s. The Supreme Court of Canada recognizes that Aboriginal rights existed before Canada became a country and that those rights apply both on- and off-reserve. It also confirms that the federal government must protect the interests of Aboriginal people.

1985
Important changes were made to Canada's Indian Act on June 28, 1985, when Parliament passed Bill C-31, an Act to Amend the Indian Act. Bill C-31 brought the Act into line with the provisions of the Canadian Charter of Rights and Freedoms.

1986
Sparrow Decision: Ruling in the case of Ronald Sparrow, a Musqueam charged with violating federal fishing regulations while fishing off-reserve in the lower Fraser River. Court of Appeal rules that Aboriginal rights to fish for food continue to exist in non-treaty areas of the province.

Federal government introduces Sechelt Indian Band Government Act, grants title to lands in traditional Sechelt territory and provides for self-government through legislation.

1987
The Native Affairs Secretariat was created by the Government of British Columbia.

1988
The Native Affairs Secretariat becomes the Ministry of Native Affairs.

1990
The Supreme Court of Canada rules (Sparrow v. The Queen) that Section 35 of the Constitution Act provides "a strong measure of protection" for Aboriginal rights. The Court further rules that Aboriginal and treaty rights are capable of evolving over time and must be interpreted in a generous and liberal manner. The Court also rules that governments may regulate existing Aboriginal management of resources and that after conservation goals are ment, Aboriginal people must be given priority to fish for food over other user groups.

In August, the Province of British Columbia agreed to join the First Nations and Government of Canada in negotiations, and proceeds to immediately enter the negotiations underway between the Nisga'a and the Government of Canada.

In October, leaders of First Nations met with the Prime Minister of Canada and then with the Premier and Cabinet of British Columbia urging the appointment of a tripartite task force to develop a process for negotiations.

On December 3, the British Columbia Claims Task Force is established. The terms of reference call upon the task force to make recommendations on the scope of negotiations, the organizations and process of negotiations, interim measures, and public education.

1991
Delgamuukw Decision: The B.C. Supreme Court rules that the Gitxsan and Wet'suwet'en people have "unextinguished non-exclusive Aboriginal rights, other than right of ownership" to much of their traditional territory. The Court urged the parties to negotiate the scope and content of those rights.

In June the British Columbia Claims Task Force makes 19 recommendations. All of the recommendations are accepted by the First Nations Summit and the federal and provincial governments. The recommendations include establishing a six-stage treaty process for negotiating treaties.

Government of British Columbia officially recognizes the inherent rights of First Nations to Aboriginal title and to self-government, and pledged to negotiate just and honourable treaties.

The Ministry of Native Affairs is renamed the Ministry of Aboriginal Affairs and given expanded responsibilities to reflect the provincial government's new direction.

1992
B.C. Treaty Commission Agreement established by First Nations Summit, provincial and federal governments in response to one of the 19 recommendations made by the BC Claims Task Force.

1993
In March, an agreement outlining the role of local governments in Aboriginal treaty negotiations is signed by the Government of British Columbia and the Union of British Columbia Municipalities.

On April 15, the British Columbia Treaty Commission is appointed. The Commission is the keeper of the treaty-making process - its role is to facilitate the negotiation of treaties. It is not an arm of any government and it does not negotiate treaties.

In June, the B.C. Court of Appeal (Delgamuukw) recognizes continuing existence of Aboriginal rights.

On December 15, the BC Treaty Commission begins the treaty-making process by accepting Statements of Intent from First Nations, the first stage of a six-stage negotation process.

1994
On September 19, an agreement ensuring local government participation in treaty negotations is signed by the Government of British Columbia and the Union of British Columbia Municipalities.

The federal government accepts Section 35 of the Constitution as including the Aboriginal right to self-government.

1995
Major court decisions:

Canadian Pacific Ltd. v. Matsqui Indian Band (January 26, 1995 - Supreme Court of Canada)

Blueberry River Indian Band v. The Queen (December 14, 1995 - Supreme Court of Canada)

1996
On February 15, negotiators for Canada, British Columbia and the Nisga'a Tribal Council initialed an agreement-in-principle which will form the basis for the first modern-day treaty in B.C.

On March 22, Indian and Northern Affairs Minister Ronald A. Irwin and B.C. Aboriginal Affairs Minister John Cashore join with Nisga'a Tribal Council President Joseph Gosnell Sr. to sign the agreement-in-principle at an historic ceremony in New Aiyansh. The signing paves the way for negotiations of a final agreement and implementation of the treaty.

Major court decisions:

Nikal v. The Queen (April 25, 1996 - Supreme Court of Canada)

Lewis v. The Queen (April 25, 1996 - Supreme Court of Canada)

R. v. NTC Smokehouse Ltd (August 21, 1996 - Supreme Court of Canada)

R. v. Van der Peet (August 21, 1996 - Supreme Court of Canada)

1997
Major court decisions:

Haida v. The Queen (November 7, 1997 - B.C. Court of Appeal)

Delgamuukw v. British Columbia (December 11, 1997 - Supreme Court of Canada)