Everything we predicted as First Nations about the referendum has happened. The referendum was divisive, contentious, and extremely controversial. We knew without a doubt that the Campbell government would receive the necessary majority of votes. Now as First Nations who are negotiating in the BC Treaty Process need to determine where we go from here.

The Referendum has impacted negotiations. The first impact was on the relationship First Nations had with the liberal government. This government has proceeded with the referendum over strenuous objections of First Nations. Good faith is non existent.

The second major impact is the ability to reach agreement. BC will be coming to the table with legally binding mandates. While their exact mandates are not know, based on the self government question, they will come to the table with delegated municipal style government. This is a non starter for First Nations. Will they move beyond this municipal government model? Judging from my 9 years of experience of negotiating with the province, I doubt it. Jurisdiction over citizenship, education, child welfare, and justice are not within the jurisdiction over municipal governments. Having our own environmental laws is off the table as the mandate received from the referendum is there must be province wide standards of resource management and environmental protection. There is no room in there for First Nations desire to maintain higher standards as we try to protect Mother Earth from further damage.

How will these new mandates affect what has already been negotiated? Most First Nations have been at the table for many years. While final agreement has not been reached, there was a lot of in principle agreement on many clauses and chapters. Now the province will be coming back to the table and taking off any self government provisions that may have already received agreement if the provision exceeds municipal style governance, or the power isn’t seen to be delegated. Also, it could affect any land selections that may have been made. If your First Nation has asked for land in a park, if there is an unwilling seller on private lands or if the hunting, fishing and recreation on crown land is deemed not sufficient for British Columbians, you will not get the land. For those First Nations who have little Crown land in their territory, or there is a sacred or area you want to protect for cultural reasons, this is a huge issue. The ability to move negotiations has been effectively stopped with those provincial mandates.

Tax exemption is a major concern for all First Nations people. The province will now be coming to the table and saying, tax exemptions will be gone over a number of years to be determined by negotiation. This is a take it or leave it type of position. One must remember that the mandates received are legally binding on this government and moving beyond this has legal implications. If one has any doubt about whether these mandates are truly legally binding, think about whether there is political will to be flexible and find other solutions for Tax and self government. Political will does not exist beyond these mandates. That is why the government went to referendum. The Liberal government wanted to use the people of British Columbia to solidify what they want negotiated.

It is decision making time for First Nations. Is it worth going back to the tables where there are limited mandates and little ability to actually negotiate? We know the mandate received from the referendum is not what we want. Can we re-establish any kind of a relationship with this government? What other options are available to us?

The treaty process in British Columbia has been damaged and changed through the referendum process. Can it survive the referendum? Every Nation that is involved in this process must decide where to go now. We have waited a long time for just settlements over our lands and resources. BC is still First Nations land. If we cannot get what we want out of this process, our rights are not going to go away, nor will we. Canada and BC must settle with First Nations, the only question remaining is when and how. As First Nations, that answer now lies with us.

Judith Sayers

Hupacasath First Nation