Premier Clark Just Broke More than the Treaty Process

When Premier Christy Clark came to visit the Ktunaxa Nation Government Building last summer, she was all smiles. It was the first time we hosted a premier in our new government building. We had recently purchased the former headquarters of a forestry company that was bought out and no longer operates in our territory. There were smiles, handshakes and photos, too, and while we were not able to discuss anything substantive, we had a forum for discussions.

With the Premier's recent decision to pull support for the new Chief Commissioner of the BC Treaty Commission, no one is smiling now. There are more things that are broken than the treaty process in B.C. The province has broken trust and broken our relationship. Premier Clark is dangerously close to cutting the last thread of goodwill with First Nations, squandering a generation of effort to settle old partisan scores -- or was it a "principled policy decision?" As far as we're concerned, neither is helpful.

What we are left with is a reality that the Ktunaxa Nation, currently in stage four of the six-stage treaty process, could be minus one partner at the negotiation table.

Yet there has never been a clearer impetus to negotiate than with the recent Tsilhqot'in decision, which acknowledged aboriginal title for the first time in Canadian history. B.C. treaty negotiators should be receiving new mandates to negotiate that reflect the conditions of aboriginal title as fact.

The Ktunaxa Nation is firmly committed to engaging with governments to address the longstanding, fundamental land question related to issues of title and jurisdiction. We have always been willing to do so. But without a forum for negotiations, one founded in honour and respect, the Ktunaxa Nation will be forced to look at other options for resolving these outstanding matters.

A cloud of uncertainty

If we took Premier Clark at her word, First Nations and government would use the Tsilhqot'in decision as an "opportunity to work together to build a new path for recognition and reconciliation in the province." That is what she said on Sept. 11, 2014 during the historic all-chiefs and cabinet summit assembled after the Tsilhqot'in decision.

She was all smiles then, too, stating that aboriginal title exists without question or dispute. At that meeting, there was guarded optimism among First Nations that just maybe things could finally turn around with the province. But with the Premier flip-flopping on the Treaty Commission appointment and openly speculating about the future of the treaty process, all we are left with are questions and disputes.

I have been involved with the B.C. treaty process since its beginning, sparked by the recommendations from the 1991 B.C. Claims Task Force Report. I have had the honour of being the chief negotiator for Ktunaxa Nation since 1996. There have been highs and lows throughout the process, but no matter the premier -- Mike Harcourt, Glen Clark or Gordon Campbell -- there was always a commitment to negotiate.

That has ended with Premier Christy Clark.

The cloud of uncertainty that hangs over the province's economy has once again grown darker with the reckless decision to scuttle the treaty process without any discussions with the partners to the tripartite process.

The Premier's recent actions do not appear to be supportive of treaties, reconciliation or First Nations. This is evidenced by her government's support of projects like Site C and the Jumbo Glacier Resort, which are egregiously detrimental to First Nations' lives and culture.

She has seriously damaged any relationships that may have existed in Indian country, and that is a major liability for a province seeking economic development and for a society committed to social justice, recognition and reconciliation.

Original Article
Source: thetyee.ca/
Author: Kathryn Teneese