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First Nations treaty process in B.C. stalled, needs jump-start: commissioner

VICTORIA – B.C.’s treaty-making process needs urgent help and may as well be shut down if it doesn’t get it, says the head of the commission.

Chief Sophie Pierre made the statement as she released the BC Treaty Commission’s 2011 annual report Wednesday.

She said all three sides, First Nations and the federal and provincial governments, need to recommit to the process that held so much promise to settle treaty disputes when it was launched in 1992.

“We know that within the next few years we could have another 13 treaties done,” she told reporters.

“We set that as an agenda and we set some milestones and if we can’t do it, well then, y’know, it’s about time that we face the obvious – this isn’t gonna happen, so shut her down.”

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Pierre said no one should be satisfied after nearly 20 years of talks, and Canadians should be asking about the worth of the process, which has achieved only two treaties, with a third pending.

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Since opening its doors in 1993, the commission has handed out $533 million in negotiating-funding support to more than 50 First Nations. About $422 million of that is in loans, and another $111 million is in the form of non-repayable contributions.

And while debt is piling up, Pierre said, economic possibilities are being lost.

“Treaties will bring a $10-billion cash injection, new investment and jobs and a better future for First Nations and all British Columbians,” the annual report stated.

“We believe the answer is straightforward – recommit to treaty making, ratify final agreements and agreements in principle and resolve the overlaps on shared territory.”

But direction is urgently required from the highest level, the report said, and the prime minister, premier and First Nation Summit Task Group all need to shake up the status quo.

The report said the federal freeze on fish negotiations is a major obstacle. The government stopped all talks around salmon until the Cohen Commission of inquiry reports on the disappearance of the 2009 salmon run in the Fraser River.

The most pressing issue for First Nations, the report said, is to resolve overlapping claims on shared territories.

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“Uncertainty over land ownership and jurisdiction has the potential to drive away investment and development that may benefit First Nations and regional economies,” said the report.

All parties must share the blame for lack of urgency over the 19-year process, the report stated.

There are 60 First Nations comprised of 110 bands in the current treaty process. The Tsawwassen and Maa-nulth First Nations are the only First Nations who have implemented treaties.

Pierre said no one should be satisfied with the progress being made in negotiations.

“There are hopeful signs in treaty negotiations, but not real sense of urgency by the parties and some disturbing developments,” she said in a news release. “Perhaps the next big opportunity to focus on moving treaty negotiations forward will be the 20th anniversary.”

The milestone will be reached next year.

Pierre said there is a potential for 16 treaties in the near term and another 26 First Nations remain in active negotiations.

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