April 29, 2003
Kamloops Daily News




B.C.'s Attorney General Geoff Plant would feel a whole lot
better if he didn't have to explain new treaties in light of
last year's controversial referendum.

The latest draft treaty with the Snuneymuxw people looks
like a winner.  Until you compare it with results of the
referendum that cost taxpayers $9 million dollars and
angered first nations, that is.

The Snuneymuxw treaty is a first.  If ratified, the B.C.
Liberals will have negotiated the first treaty through the
B.C. Treaty process - - which cost $500 million over 10
years spent with nothing to show.  The former NDP government
couldn't get anywhere with it.  They negotiated the Nisga'a
treaty outside the process.

Even the Chief of the Snuneymuxw has been won over. Here's
what Chief John Wesley Jr. had to say two years ago.  His
motion to the  Assembly of First Nations stated that "the
Government of British Columbia's proposed referendum will
incite racism and only serve to create a divisive and
poisoned environment for treaty negotiations (July 17,
2001)."

Here's what Chief Wesley has to say now. "There are
breakthroughs. We're glad of them. We worked really hard to
get to where we are today," he recently said.

So why aren't the Liberals more vocal about this success? 
Until a few weeks ago, Attorney General Plant seemed
reluctant to even talk about it.  It wasn't until CBC's
reporter Justine Hunter started to investigate that Plant
even commented publicly.  When asked about the proposed
treaty, Plant said: 

"We had committed to a certain degree of flexibility around
some issues. That I think has sent a message that we're
serious about concluding treaties (April 8)."

Ah, flexibility.  I would call it a compromise on the
referendum principle of self government.  Question 6 of the
referendum,  which asked  "Aboriginal self-government should
have the characteristics of local government, with powers
delegated from Canada and British Columbia.  Agree or
disagree?"

More than 80 per cent of those who returned ballots agreed
with the concept of municipal governments for first nations
treaties.  Premier Campbell thought that the results of
referendum were significant.

"After many years of being shut out of the treaty process,
the people have finally had their say - and their message to
first nations and to all Canadians is unmistakable,"
Campbell said on July 3, 2002.

The unmistakable message to B.C.'s first nations was that
they could expect tough bargaining.  They could forget about
powers of self government like those in the Nisga'a treaty
which was negotiated by NDP government.

The Nisga'a treaty proposed substantial powers of
self-government--including an autonomous legislature with
lawmaking powers over adoption, citizenship and land
management.  It transferred 1,992 square kilometers land and
$165.7 million to the 5,500-member Nisga'a band in northern
B.C.

As opposition leader in 1998, Campbell disliked the proposed
treaty so much that he filed a suit against the provincial
and federal governments. He argued that the self-government
provisions of the treaty amount to an amendment to the
Canadian constitution and the NDP didn't have a mandate to
negotiate the treaty.  "People should make those changes,
not politicians."

So, now that the Liberals have the voice of the people, what
does draft treaty recommend?   It looks quite familiar.

The Snuneymuxw treaty proposes substantial powers of
self-government--including an elected government with
lawmaking powers over citizenship, post secondary education,
adoption, and land management.  It will transfer 47 square
kilometers land and $75  million to the 1,300-member
Snuneymuxw band in on Victoria Island northern B.C.

The Snuneymuxw treaty looks very much like the Nisga'a
treaty on a smaller scale, including the self governing
powers of a nation-state.  If Gordon Campbell were still in
opposition,  would he take the government to court for
failing to follow the referendum principle of self
government?  Maybe that's why the Liberal's are reluctant to
talk about it.

Not that Attorney General Plant was willing to admit it.
"What we think we've achieved in Snuneymuxw is a form of
self-government that is consistent with what the people of
British Columbia asked us to try to achieve in the
referendum campaign. . .," said Plant (April 16 The Daily
News).

The Attorney General should just forget the results of the
confrontational referendum that was no more than a political
exercise.  Treaties will go a lot smoother without it.

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