Referendum on Principles for First Nations Treaty Negotiations

To: Premier Gordon Campbell, British Columbia
Re: B.C. Referendum on Principles for First Nations Treaty Negotiations

Dear Mr. Campbell,

I am writing to convey to you the deep concerns of the Pembina Institute regarding your current referendum on First Nations Treaty negotiations taking place in British Columbia. We believe that this process will have a negative impact on both the society and economy of British Columbia. We believe that the referendum is likely to spur a series of legal cases against the B.C. Government surrounding resource-use issues. Such legal action will undermine economic growth in rural British Columbia, until such time as the cases are resolved. The cost to society of settling such legal cases may well exceed the cost of negotiating and settling treaties.

The referendum asks British Columbia residents whether they agree with eight principles that would guide the government's participation in treaty negotiations. However, some of these principles stand to undermine the inherent rights of First Nations. The rights of First Nations people are established through international law, the Canadian constitution, treaties, and numerous decisions of the Supreme Court of Canada and provincial courts. The government of British Columbia is not entitled to arbitrarily ignore these rights, be it on the basis of a referendum or any other process.

We also believe that the referendum principles could undermine the British Columbia Treaty Commission process, as they aim to establish inflexible government positions in relation to land use, self-government, and taxation. We are especially concerned with the prospect of the abandonment of the historical investment in treaty negotiations. To date, the negotiations have resulted in one Agreement in Principal and 41 Framework Agreements.

The Pembina Institute works in a number of First Nations communities throughout British Columbia. We believe that a more sustainable approach to negotiating treaties in British Columbia would include the following:

Negotiating in good faith.
Demonstrating flexibility with respect to the individual circumstances of each land claim.
Reflecting First Nations history.
Being grounded in the Canadian Constitution.

The government should uphold the established rights of First Nations and actively promote greater understanding of and respect for these rights among the Canadian population. We request that you end the referendum process immediately and return to the negotiating table.

Sincerely,

David Pollock