PROVINCE, YALE FIRST NATION CONCLUDE NEGOTIATIONS

The Province and Yale First Nation have completed their negotiations toward a treaty and reached an understanding on the substantive elements of a final agreement.

The next step in the treaty process is the continuation of negotiations between Yale First Nation and Canada to resolve technical matters relating to salmon fisheries and a specific claim with respect to Kuthlalth Indian Reserve #3 (approximately 143 hectares). The parties will continue to work with other First Nations prior to completion of the treaty. Once a final agreement is initialled by all parties, Yale First Nation members will vote on whether to ratify the agreement.

Some of the issues typically discussed as part of treaty negotiations fall within the scope of provincial responsibilities while others, such as the salmon fishery and Indian reserve lands, are the responsibility of the federal government. British Columbia and Yale First Nation have reached agreement on all elements of the draft final agreement that fall under provincial jurisdiction, including: provincial crown lands; many governance issues, including local government relations; culture; wildlife; and forestry.

Provincial portion of the capital transfer

Under the proposed agreement, British Columbia will pay $2.5 million of the $10.7 million capital transfer over 10 years and 50 per cent of a $2.2-million Economic Development Fund, to be paid out over three years through the Fiscal Financing Agreement.

Land

With respect to provincial laws, Yale First Nation Land will be treated as private land. Under the treaty Yale First Nation will own in fee simple approximately 1,820 hectares of provincial crown land and former Indian Reserves. Subject to the resolution of the specific claim, an additional 143 hectares of Indian Reserve land could be added to treaty settlement lands. The final agreement will include ownership of sub-surface resources on or under Yale First Nation Land.

Wildlife and plant harvesting

Under the final agreement, Yale First Nation will have the right to harvest wildlife and migratory birds, and to gather plants from a designated area for their own use. Yale First Nation will have law-making authority to regulate their members’ harvest of wildlife and migratory birds. Overall management of these activities remains the responsibility of the provincial or federal minister. Within the terms set out in the final agreement, Yale First Nation members do not need to have federal or provincial licences, or pay any fees or royalties to harvest wildlife, migratory birds or plants.

Culture

Yale First Nation may make laws applicable on Yale First Nation Lands to preserve, promote and practise their language and culture. This includes Yale First Nation history, feasts, ceremonies, naming practices, symbols, stories, songs, and dances, and also to conserve, protect, design and manage heritage sites, as well as make similar laws respecting Yale First Nation artifacts owned by Yale First Nation.

Forestry

Yale First Nation will own all forest resources on Yale First Nation Land. As a treaty First Nation, the Yale government may make laws respecting forest resources and practices on their land.

Approximately 21 hectares of the provincial crown land to be transferred to the First Nation as Treaty Settlement Land is currently designated as part of the Agricultural Land Reserve (ALR); this designation will not change.

Treaties

British Columbia’s treaty negotiation process was developed to provide a framework for treaty negotiations among First Nations, and the governments of British Columbia and Canada. The treaty process is managed by the British Columbia Treaty Commission (BCTC), an independent, neutral body that helps facilitate negotiations among the three negotiating parties.

The BCTC process has been in place since 1992 and is open to all First Nations in the province on a voluntary basis. It is up to First Nations to decide how they organize themselves for the purposes of treaty negotiations. At some tables there is a single First Nation represented, while at others there may be two or more.

The treaty process consists of six stages as follows:

Stage 1 – Statement of intent to negotiate
Stage 2 – Readiness to negotiate
Stage 3 – Negotiation of a framework agreement
Stage 4 – Negotiation of an agreement-in-principle
Stage 5 – Negotiation to finalize a final agreement or treaty
Stage 6 – Implementation of the treaty

In addition to improving the quality of life for Aboriginal people, treaties stimulate investment, create jobs and expand economic opportunities throughout the province.

For more information on treaties, visit www.gov.bc.ca/arr.

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Media contact:	Bridgitte Anderson Press Secretary Office of the Premier 604 307-7177	Maria Wilkie Communications Director Ministry of Aboriginal Relations and Reconciliation 250 953-3211 250 361-7720 (cell)
	Beatrice Bonneau Treaty Coordinator Yale First Nation 604 863-2443 604 860-9223 (cell)
For more information on government services or to subscribe to the Province’s news feeds using RSS, visit the Province’s website at www.gov.bc.ca.