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| Original News Release |
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| Original News Release |
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An Agreement-In-Principle (AIP) sets out the land, capital and resources that will become part of the treaty package when the parties reach a Final Agreement. The provincial and federal governments will share the costs of the treaty package. British Columbia contributes mainly Crown land and Canada contributes mainly cash.
Sliammon First Nation members are a group of 904 Coast Salish people whose main community is on the Sunshine Coast north of Powell River. The community narrowly rejected an AIP in November 2001, but the band remained committed to the process and negotiations continued. In June 2003, chief negotiators for all three parties recommended approval of this re-negotiated AIP. In a ratification vote four months later, the Sliammon community endorsed the AIP by 62 per cent.
A treaty with the Sliammon First Nation will:
Land
· The land parcel in the AIP includes up to 6,000 hectares of provincial Crown land and 1,907 hectares of existing Indian reserve land. These lands will be held in fee simple, which will provide the First Nation with flexibility to manage its lands and generate long-term economic benefits. · The province will ensure that the terms and conditions of leases and licences are respected. Fair compensation for unavoidable disruption of commercial interests will be paid. · Some of the proposed treaty lands are in the Agricultural Land Reserve, and any changes that may occur to the ALR designation will be reflected in the Final Agreement.
Capital Transfer
· The federal government will make a cash transfer of $26 million to the Sliammon First Nation.
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Forest Resources
· The Sliammon First Nation will be required to manage the forest resources on its lands in keeping with provincial standards. · British Columbia is prepared to direct award Sliammon a forest tenure of 50,000 cubic metres of annual allowable cut, which would be outside of the treaty.
Subsurface and Mineral Resources
· Subsurface resources on treaty lands will be owned by Sliammon, subject to the continuation of interests that exist prior to treaty. · Existing mineral tenures will continue to operate under provincial terms and conditions. · Activities related to subsurface resources on Sliammon lands will be in accordance with provincial and federal laws.
Wildlife and Migratory Birds
· The Supreme Court of Canada has confirmed that aboriginal people have a constitutional right to hunt and fish for domestic purposes, but this right is not clearly defined. A treaty will provide certainty for the long-term diversity and abundance of wildlife and will ensure that B.C. can use, manage and conserve these resources for all British Columbians. · The Sliammon First Nation hunters can harvest wildlife and migratory birds for domestic purposes within a defined harvest area that will include treaty and non-treaty land. Their hunting rights will be limited by measures necessary for conservation, public health or public safety. Sliammon hunters will be required to carry and produce documentation issued by the Sliammon government when hunting. · The AIP clarifies the First Nation’s jurisdiction and responsibilities with respect to wildlife, migratory birds and their habitats, as well as the overriding authority of the provincial minister over wildlife conservation and management.
Fisheries
· The AIP sets out that the treaty will modify undefined aboriginal rights to fish into specific rights defined in the treaty, as well as the scope and limitations of these rights. · Domestic allocations for the Sliammon First Nation will be based on formulas that will vary annually with the abundance of the species. They will include allocations for sockeye, chum, coho and pink salmon. Negotiations will determine allocations for some non-salmon species, including clams, groundfish, herring, herring spawn, prawns and sea urchins. · In Final Agreement negotiations, the parties are prepared to discuss access to shellfish harvest areas, as well as a herring allocation, that may fall outside the Sliammon fishing area. · Sliammon will have the right to harvest the total allowable catch of intertidal bivalves on the foreshore of Harwood Island, which is currently a Sliammon Indian reserve. · After the effective date, the province is prepared to establish a reservation of 25 years on existing Sliammon shellfish aquaculture areas. · On the effective date and at the request of the Sliammon First Nation, Canada will issue an euphausid licence and a halibut licence under similar conditions to commercial fishing licences.
-more- · The provincial government supports fisheries arrangements as part of treaties that reflect the following objectives: · a fishery that is accessible to all British Columbians; · equitable fishing arrangements for all participants; and · an integrated and effective management regime across all sectors that is capable of ensuring the sustainability of the resource and economic viability of the industry.
Environmental Assessment and Protection
· The AIP ensures that provincewide standards of resource management and environmental protection will continue to apply. In addition, the Sliammon government will be able to make environmental protection laws on treaty lands.
Parks
· Public access to provincial parks will not be affected by the treaty. · The AIP provides for the negotiation of agreements between British Columbia and the Sliammon First Nation regarding Sliammon’s participation in the management of identified parks.
Culture and Heritage
· In the past, no established process existed for First Nations to reclaim artifacts and ancient human remains. The AIP sets out a process of reconciliation that respects the First Nation’s heritage and will eliminate the need for potentially expensive legal action for the Sliammon First Nation or the province.
Governance
· The Sliammon government will have powers similar to municipal government in areas of municipal jurisdiction. For example, they will have responsibilities over land-use planning, traffic regulation, fire protection, public works and emergency preparedness. These law-making authorities will be set out in a governance agreement outside the treaty and will be put into effect through federal and provincial legislation. · Authorities related to land and resource rights, assets, culture and language will be included in the treaty in order to ensure long-term preservation of Sliammon assets and cultural identity while providing greater certainty over land and resource ownership and management. · The Sliammon First Nation will be expected to contribute to the costs of its own government. As its economy grows, this will reduce its reliance on government funding.
Taxation
· After a transition period, Sliammon members will pay taxes like all British Columbians. The Sliammon government will have law-making authority for direct taxation of Sliammon members on treaty land and, upon agreement with Canada or B.C., over non-members on treaty land. Transitional provisions will address the fact that the Indian Act, including the Section 87 tax exemption, will no longer apply.
For more information visit: http://www.gov.bc.ca/tno/negotiation/First_Nations_in_the_process/Sliammon.htm
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