British Columbia - Periods - NDP & Change

Nisga'a Treaty

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The Nisga'a Treaty is a treaty signed between the Nisga'a Nation and the government of Canada in 1998 and was ratified in 2000. It was the first modern treaty to be signed in British Columbia and recognizes the Nisga'a people as a self-governing First Nations people. The treaty establishes the Nisga'a Nation as a separate legal entity and outlines their rights, responsibilities, and jurisdiction over their lands, resources, and people.

The negotiations for the Nisga'a Treaty were initiated due to the demand by the Nisga'a Nation for recognition of their rights and title over their traditional territories and the resolution of outstanding land claims. The treaty negotiations aimed to provide a framework for the recognition of Nisga'a rights and jurisdiction over their lands, resources, and people and to establish a relationship between the Nisga'a Nation and Canada based on mutual recognition and respect.

The Canadian government entered into negotiations for the Nisga'a Treaty as part of their broader policy of settling outstanding Indigenous land claims and improving the relationship between Indigenous peoples and the Canadian state. By negotiating treaties, the government hoped to resolve long-standing grievances and provide a basis for reconciliation and a more positive relationship between Indigenous peoples and the Canadian state. In the case of the Nisga'a Treaty, the government hoped to settle the Nisga'a Nation's land claims and provide a framework for the recognition of Nisga'a rights and jurisdiction over their lands, resources, and people.

The Nisga'a Treaty negotiations covered a wide range of issues, including:

  • Land claims: the Nisga'a Nation's claims to their traditional territories and the resolution of any outstanding land claims.
  • Jurisdiction and governance: the recognition of Nisga'a Nation as a self-governing entity and the transfer of certain powers and responsibilities from the Canadian government to the Nisga'a Nation.
  • Natural resources: the rights and responsibilities of the Nisga'a Nation and Canada regarding the management and use of natural resources, such as forestry, fishing, and minerals, within Nisga'a territories.
  • Cultural and social matters: the protection and promotion of Nisga'a culture, language, and heritage and the provision of services such as education and health care.
  • Financial compensation: the compensation provided to the Nisga'a Nation for past and future use of their lands and resources.
These and other issues were negotiated over a number of years, with the final agreement being the Nisga'a Treaty, signed in 1998 and ratified in 2000.

The Nisga'a Treaty resulted in the following regarding the items negotiated:
  • Land claims: the Nisga'a Nation's rights to their traditional territories were recognized and their land claims were settled. The Nisga'a Nation received over 2,000 square kilometers of land in fee simple, as well as other rights and benefits.
  • Jurisdiction and governance: the Nisga'a Nation was recognized as a self-governing entity with jurisdiction over a wide range of matters, including education, health, social services, and environmental protection. The Nisga'a government was established as a separate legal entity with the power to make laws and enforce them within their territories.
  • Natural resources: the Nisga'a Nation was granted rights and responsibilities over the management and use of natural resources, such as forestry, fishing, and minerals, within their territories.
  • Cultural and social matters: the Nisga'a Treaty includes provisions for the protection and promotion of Nisga'a culture, language, and heritage and the provision of services such as education and health care.
  • Financial compensation: the Nisga'a Nation received significant financial compensation for past and future use of their lands and resources. This compensation was designed to provide a stable source of funding for the Nisga'a Nation and support their continued development and self-governance.


Legal framework: The legal framework in Canada did not provide a clear path for treaty negotiations and the recognition of Indigenous rights and title until the late 20th century. This included a lack of legal recognition of Indigenous rights and title, a lack of clarity on the process for negotiating treaties, and the absence of a political framework for reconciliation.

The Nisga'a Treaty negotiations involved a number of individuals from both the Nisga'a Nation and the Canadian government, including:

Nisga'a Negotiators: The Nisga'a Nation was represented by a negotiating team, including Chief Joe Gosnell, Chief John Wesley, Chief Wilfred Hudson, and other Nisga'a leaders.

Canadian Negotiators: The Canadian government was represented by a negotiating team from the federal Department of Indian and Northern Affairs (now Indigenous Services Canada) and the British Columbia Ministry of Aboriginal Affairs.

Mediators: The negotiations were assisted by a number of mediators and facilitators, including Chuck Strahl, the former Minister of Indian Affairs and Northern Development, and Murray Smith, a former Deputy Minister of Indian Affairs and Northern Development.

Legal Advisors: Legal advisors and experts were also involved in the negotiations, providing advice on a range of issues, including Indigenous rights and title, Canadian constitutional law, and treaty law.

These and other individuals played important roles in the negotiation and finalization of the Nisga'a Treaty, which represented a significant step forward in the recognition of Indigenous rights and title and the reconciliation between Indigenous peoples and the Canadian state.

British Columbia played a significant role in the Nisga'a Treaty negotiations, as the treaty covered lands within the province and the provincial government had jurisdiction over certain matters that were negotiated in the treaty, such as resource management. The position of British Columbia regarding the treaty can be summarized as follows:

Support: The provincial government provided support for the negotiations, recognizing the importance of resolving land claims and fostering positive relationships with Indigenous peoples. The government also recognized the economic and social benefits that could result from a successful treaty negotiation, including increased economic development and improved services for Indigenous communities.

Concerns: The provincial government also had concerns about the treaty negotiations, including the potential impact on existing laws and policies, the implications for resource management, and the financial cost of the treaty. These concerns were addressed through the negotiation process and the final treaty addressed many of the concerns raised by the provincial government.

Participation: The provincial government actively participated in the negotiations, providing input and negotiating on behalf of the province on a number of matters. The government also provided support for the implementation of the treaty, working with the Nisga'a Nation and the federal government to ensure that the treaty was successfully implemented.

Overall, British Columbia played a supportive role in the Nisga'a Treaty negotiations and worked to ensure that the final treaty was in the best interests of the province and its residents, while also recognizing the importance of resolving land claims and fostering positive relationships with Indigenous peoples.

Timeline

    1987: The Nisga'a Nation and the federal government began negotiating a treaty under the Comprehensive Claims Policy.
    • 1990: The Nisga'a Nation and the federal government signed an interim agreement, which established a negotiating framework for the treaty.
    • 1998: The Nisga'a Treaty was signed by the Nisga'a Nation, the federal government, and the government of British Columbia.
    • 1999: The Nisga'a Treaty was ratified by the Nisga'a Nation, the federal government, and the government of British Columbia.
    • 2000: The Nisga'a Treaty came into effect, and the Nisga'a Nation was officially recognized as a self-governing First Nation.
    • 2001: The Nisga'a Nation and the federal government signed a protocol agreement, which established the process for the transfer of lands and resources to the Nisga'a Nation.
    • 2005: The Nisga'a Nation and the federal government signed an implementation agreement, which provided a framework for the implementation of the treaty.

Culture & Politics

    The Nisga'a Treaty had a significant social and cultural impact upon the Nisga'a Nation. Some of the key impacts include:

    Recognition of rights and title: The Nisga'a Treaty was the first modern treaty in British Columbia to recognize Indigenous rights and title, providing the Nisga'a Nation with greater control over their lands and resources. This recognition was seen as a major step forward in the reconciliation between Indigenous peoples and the Canadian state.

    Improved self-determination: The Nisga'a Treaty provided the Nisga'a Nation with greater self-determination, allowing them to make decisions about their lands and resources, and providing a framework for their governance. This has led to increased pride in their culture and heritage, and has helped to preserve Nisga'a language, traditions, and values.

    Increased economic opportunities: The Nisga'a Treaty provided the Nisga'a Nation with new economic opportunities, including the ability to participate in resource development and manage their lands and resources in a sustainable manner. This has led to increased economic development and improved living standards for the Nisga'a people.

    Improved services: The Nisga'a Treaty provided the Nisga'a Nation with greater control over the provision of services, including health, education, and social services. This has led to improved services and a better quality of life for Nisga'a people.

    Overall, the Nisga'a Treaty had a positive social and cultural impact upon the Nisga'a Nation, helping to preserve their culture and traditions, improving their self-determination, and providing new economic and social opportunities.

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Reference: Article by (Staff Historian), 2023

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