Musqueam Band - Treaty Process

Musqueam’s Progress in the BC Treaty Process

Six stage process: The modern-day treaty process involves six stages:

• Stage One: Statement of Intent to Negotiate a Treaty

a) We identified ourselves as a First Nation and provided general information about Musqueam.

• Stage Two: Preparation for Negotiations

a) An initial meeting of the parties (Musqueam, Canada and BC) was held to assess whether the parties were ready to negotiate.
b) Readiness criteria included identifying subject matters to be negotiated, community consultation, establishing an organization to support the negotiations and adopting a ratification process.

Signing of the Openness Protocol: May 23, 1997. (l-r: Linda Jolson, Chief Gail Sparrow, Robin Dodson)

• Stage Three: Negotiate a Framework Agreement
A Framework Agreement is a negotiated agenda which:

c) Identifies the subjects for, and the objects of, the negotiations
d) Establishes a timetable for negotiations
e) Establishes any special procedural arrangements, such as the Openness Protocol, Rules of Confidentiality and information sharing documents.

When the table agrees on a Framework Agreement, the Chief Negotiations initial it and recommend approval by their respective Principals. Framework Agreements must be approved, and then signed.

• Stage Four: Agreement-in-Principle Negotiations
This agreement will form the basis of the treaty, and should be the product of a thorough examination of subjects in the Framework Agreement. Once the AIP is signed, the Commission will declare the table has moved into Stage Five.

• Stage Five: Finalize a Treaty
In this stage, the parties negotiate and finalize a treaty, which would contain the principles for a new relationship, and the agreements reached in Stage Four. This stage also plans to make the treaty a reality.

• Stage Six: Implementation
This would include legislation and authorities, which may be required by each of the parties.

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November 3, 1998
Musqueam Treaty Directorate’s update of the progress in the BC Treaty Process

For years Musqueam has attempted to have outstanding land issues resolved with Canada and British Columbia. Musqueam has made numerous attempts over the past one hundred or so years to have our Aboriginal Rights and Title Recognized. In recent years Musqueam has participated in all Land Claims opportunities available and made formal written submissions to Canada in 1976 and 1984. Both were rejected and both times Musqueam was successful in effecting a change to Canada’s policy. In 1991, just prior to the implementation of the BC Treaty Process, Musqueam Indian Bands Comprehensive Land Claim was accepted for negotiation by Canada. Musqueam was subsequently advised that Canada would not negotiate a comprehensive claim and Musqueam and Canada would only negotiate with Musqueam Indian Band under the BC Treaty Process.

In the Current BC Treaty Process, Musqueam was among the first to summit a Statement of Intent to Negotiate a Treaty to the BC Treaty Commission in December of 1993. Musqueam began the Negotiation Process in March of 1994, concluding procedures agreement and an Openness Protocol, both endorsed by the Musqueam Membership, and signed by Musqueam, Canada, and British Columbia on May 23, 1997.

Musqueam concluded a Framework Agreement and circulated the Framework to Chief Negotiators for initialling, indicating the document was being recommended by Musqueam, Canada, and British Columbia for signature by Chief Negotiators. Musqueam sought clarification from BC and Canada that compensation is a negotiable topic under section 5.1.2 of the Framework Agreement. Both governments stated that compensation is not a topic for negotiation. Musqueam membership rejected the Framework Agreement November 3, 1998.

Musqueam has been clear throughout our attempts to negotiate the resolution of outstanding aboriginal rights and title matters with government that compensation must be a part of the negotiations. In a gesture of good faith to finalize the Framework Agreement and enter into the negotiation of an AIP (Agreement In Principle) Musqueam proposed alternative wording for the Framework Agreement. To date a Framework Agreement has not been finalized.