Overlapping First Nations claims complicate big move on treaty in northwestern B.C.

A First Nation in northwestern B.C. has taken a critical step to inking a treaty with the B.C. and federal governments, but it’s already creating friction with a neighbouring nation.

On Monday, representatives of the Kitselas First Nation and the two governments initialled a draft treaty three decades in the making. The move marks the conclusion of substantive negotiations and moves the process towards ratification.

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“We have much to look forward to resulting from this treaty,” said Kitselas Chief Glenn Bennett.

“Is it perfect in every way? No, it isn’t, but gives us enough wiggle room and resources to build a strong and healthy society, it’s a good start.”

But the neighbouring Gitxaala Nation is raising concerns the Kitselas agreement and a treaty with the Kitsumkalum First Nation will “give away” territory and rights over which it claims jurisdiction.

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“These actions directly contravene UNDRIP and the honour of the Crown which legally require the governments to negotiate with Tixaala in these circumstances prior to initialling these modern treaties,” Gitxaala Chief Sm’ooygit Txagyet (Clarence Innis) said in a statement.

Experts in Indigenous law say overlapping claims are one of the most difficult hurdles facing the modern treaty process in B.C.

“But I don’t think they are an insurmountable issue,” Robin Junger, a lawyer with McMillan LLP and a former B.C. chief treaty negotiator, told Global News.

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Junger added that the draft treaty agreement includes provisions contemplating the potential of disputed claims, including mechanisms for resolving or negotiating solutions should those claims be recognized.

“There are overlaps all over B.C., they are very common, and without in any way disrespecting those other claims, negotiations still need to move forward,” he said. “I think if one waited until all overlapping claims were resolved it would be impossible in many places.”

B.C. Premier David Eby said Monday that the province recognizes the challenge of overlapping claims and that taking care to resolve them equitably is one of the major reasons the treaty process has not moved more quickly.

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“I have been working with senior leadership of First Nations for a while about advancing discussions on how we can find a better way to resolve these boundary disputes because they do slow everything down,” he said.

“But I have confidence the treaty process we have engaged in with nations will provide that clarity around boundaries, will provide additional certainty for communities and businesses and individuals to move forward as well as for nations.”

Before the agreement takes effect the nation, whose territory sits along the Skeena River, will have to vote on a constitution, then ratify the treaty. It will then need to be approved by both the provincial and federal governments.

That process would see the treaty take effect in 2028.