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Auditor General Report on Treaty Negotiations

By 250 News

Tuesday, November 28, 2006 02:38 PM

The Acting Auditor General for B.C. says the Province is going to have to step up the Treaty process.
In his  report on the  Province's negotiations with First Nations, Acting Auditor  General Arn van Iersel  says ""The slow pace of negotiations at the majority of treaty tables is straining relationships and is increasing the sense of frustration among some First Nations."

On the positive side,  van Iersel  says the Province has the proper pieces in place to successfully negotiate treaties, but because the Province has opted to focus its efforts on what it terms  "beakthrough tables", where it believes it can achieve success,  the process is going too slow.  His full report can be viewed here.
The Federal Auditor General, Sheila Fraser, also released her report on the Federal participation in the Treaty process. 
Her audit notes the process has  been on going for a dozen years  at a cost of hundreds of millions of dollars, and not one Treaty has been signed.
Fraser says  "the results achieved are well below the three parties' initial expectations. In the last few years, however, efforts have been made by the two governments to improve the treaty process."
Fraser says part of the problem is that all three parties, the Federal and Provincial governments and First Nations,  have different views about the process:
" For example, the two governments base their participation in the treaty process on their own policies, and do not recognize the Aboriginal rights and title claimed by the First Nations. Many First Nations base their participation in the process on the assertion that they have Aboriginal rights under Canada's Constitution and that these rights should be acknowledged before negotiations begin. Additionally, the governments see treaties as a full and final settlement of the Aboriginal rights and title claimed by First Nations, whereas First Nations see them as documents capable of evolving as the relationship between the parties develops."
 
Fraser says the difference in views has not only resulted in limited progress at the negotiation table, but has been a contributing factor to 40% of the First Nations not entering the process at all.
Her full report can be viewed by clicking here.





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Comments

I have the feeling that this is going to be dragged out as long as possible and then maybe some......
If all parties really wanted this done it would have been by now.....
I hear and see a lot of talking, a lot of chest puffing, and a lot of finger pointing, but not much else
"...whereas First Nations see them as documents capable of evolving as the relationship between the parties develops."

Read this as ...First Nations never wants to be left on their own two feet! White trash money plenty good.
"Additionally, the governments see treaties as a full and final settlement of the Aboriginal rights and title claimed by First Nations, whereas First Nations see them as documents capable of evolving as the relationship between the parties develops"

As I said before, the First Nations are learning quite well from the examples of the Second Nations. Just look at the way Canada looks at NAFTA and the way the USA looks at NAFTA. I suspect that the First Nations feel the USA has a good point when it sees NAFTA as an evolving document.

Even more to the point, look at the Canadian Confederation itself. It is an evolving document as well. As is the relationship between the provinces and its various municipalities. The various legislations surrounding the latter have evolved over time and will continue to do so.

The First Nations are looked upon as at least the same level of "self-governance" as municipalities.

So why should the First Nations fix their relationship in the early part of the 21st century when no one knows what the 22nd century will bring, just as no one could predict a century in advance in the 19th century when First Nations bands were bought off with some beads, a piece of silver with the Queen Mother's face on it, and a section of land or two.

Aboriginal rights are no different than settler's rights. They evolve over time. The rights that the Second Nations have today are not the same as the rights they had 100 years ago or at the time of BC joining confederation. There were no child labour laws, women could not vote, if you did not like blacks in your hotel or restaurant you could simple tell them to hit the road.

Things evolve and anyone who negotiates an agreement which does not account for such social evolution over time has a neophite or Scheister for a negotiator.
Why sign a treaty and give up a good thing.