Yale treaty is B.C.’s toughest test yet

Aboriginal Relations Minister Mary Polak

VICTORIA – The treaty with the Yale First Nation in the Fraser Canyon was hastily approved as the B.C. legislature adjourned for the summer last week.

This treaty was by far the most significant work of the legislature session, and it may make or break the hugely expensive B.C. treaty effort. Yet it received all of four hours of debate during the abbreviated spring legislature session and will probably get little attention when it reaches the House of Commons for final approval.

A few eyebrows were raised when Chief Justice Lance Finch of the B.C. Court of Appeal entered the legislature to give royal assent to the treaty and a handful of other bills. This would normally be the duty of Lt.-Gov. Steven Point, but he was on a four-day visit to promote literacy at reserves in the Quesnel and Williams Lake area.

I’m advised by the lieutenant-governor’s staff that this trip had been scheduled for some time, and his absence had nothing to do with the treaty awaiting his signature. It is purely a coincidence that Point is a former tribal chair of the Sto:lo Nation, which sent a delegation to the legislature to protest the Yale treaty just before it was tabled.

The only substantive scrutiny of the treaty, and the only vote against it, came from independent Cariboo North MLA Bob Simpson. He stressed that he supports the Yale’s right to a treaty, but detailed the Sto:lo’s objections.

Their central objection is that the 150-member Yale band is an arbitrary creation of the Indian Act, a splinter group of the larger Sto:lo Nation. The treaty formalizes the Yale’s control over key canyon fishing and rack drying sites that were vital to survival for thousands of years.

Ottawa outlawed transfer of native hereditary property rights in its notorious potlatch law of 1884, and native fish sales in 1888. This disrupted whatever order had been imposed by Sto:lo clans on the fishing sites. Some Sto:lo people were moved south to reserves in the Fraser Valley, where they were expected to abandon their traditional ways and become farmers.

Sto:lo Nation president Joe Hall put it to me this way: “I don’t want to be like Donald Trump and look at people’s birth certificates, but the Yale are a Sto:lo band. They would have been chased out of there a long time ago if they weren’t.”

In the treaty debate, Simpson put it to Aboriginal Relations Minister Mary Polak that the federal and provincial governments have resorted to a “first-past-the-post” system to force progress on treaties. He said the tiny Yale community gets a huge advantage by completing a treaty, while some Sto:lo bands remain at an early stage of negotiations and still others aren’t in treaty talks.

Polak cited a section that is now standard in modern treaties. It protects the constitutional rights of other aboriginals where a court upholds a claim to Yale territory, which they will soon own as fee-simple property.

Polak insisted the Yale treaty will ease tensions in the disputed fishing sites, where violent incidents have taken place. She argued that exclusive access to the main areas of dispute was long ago included in the Yale’s original reserves. The treaty will provide a process for temporary access by other people, native and non-native.

We will see if she is right, perhaps as early as this summer.

There are two regions of B.C. where the encroachment of European settlers led to shooting wars with aboriginal people. One was the Cariboo-Chilcotin and the other was the Fraser Canyon.

Tom Fletcher is legislative reporter and columnist for Black Press and BCLocalnews.com

www.twitter.com/tomfletcherbc

Just Posted

District of Vanderhoof contracts YMCA for aquatic centre

Announcement brings mixed reaction from community

Community and collaboration drive Binche Fishing Derby

Family time, forward thinking and positive initiatives to be highlighted

Nechako Valley Exhibition holding regional talent competition

Solo vocalists and instrumentalists wanted

Audit finds Canfor did not comply with bridge maintenance legislation

Per a news release issued by the Forest Practices board, an independent… Continue reading

Variety BC’s annual Radiothon returns to Vanderhoof

Variety BC is incredibly happy to announce that this year’s Prince George-Vanderhoof… Continue reading

Homeless people living on ‘Surrey Strip’ move into modular housing

BC Housing says 160 homeless people are being moved into temporary Whalley suites from June 19 to 21

Port of Prince Rupert names Shaun Stevenson as new CEO

Stevenson has worked for the port for 21 years as vice president of trade development

Senate officially passes Canada’s marijuana legalization bill

Bill C-45 now moves to royal assent, which is the final step in the legislative process

Fake attempted abduction not funny to B.C. neighbourhood residents

Two teenage boys won’t face criminal charges after scaring girl

Mosquitoes out in full force already? Blame the weather

But a B.C. mosquito expert says the heat wave will help keep the pests at bay

Man pleads not guilty in 1987 slayings of B.C. couple

William Talbott of SeaTac was arraigned Tuesday in Snohomish County Superior Court

New GOP plan: Hold kids longer at border – but with parents

Move would ease rules that limit how much time minors can be held with their parents

Without a big data strategy, Canadians at risk of being ‘data cows’

Presentation said artificial intelligence could give Facebook and Amazon even more power

Five B.C. families stuck in Japan as Canada refuses visas for adopted babies

Lawyer points to change in American policy around adoptions from Japan

Most Read