At the current pace of treaty making in B.C. – about one a decade – it could take 1,970 years before the B.C. and federal governments have finalized treaties with all 200 First Nations in B.C.
Say what you will about the BC Treaty process, it at least provides oversight, transparency, and engagement with non-aboriginal stakeholders so that stakeholders know what to expect. “I wouldn’t say that there’s never any consultation, but it’s minimal compared to the treaty process,” said Robin Junger, one of the bulletin's authors.
A series of Supreme Court of Canada decisions confirmed that aboriginal title exists and that First Nations never surrendered rights and title to traditional territories. This prompted the B.C. and Canadian governments and B.C. First Nation organizations to agree to set up the BC Treaty Commission in 1992 to negotiate modern-day treaties.
“Unlike the treaty commission process, there is no structured process for negotiating non-treaty agreements and there is no corresponding process to ensure engagement with potentially affected third parties,” the McMillan brief notes. One of the concerns for resource companies that non-treaty agreements may pose is greater uncertainty and increased complexity for permitting.
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