1885 - 1969
BRINGING THE LAND QUESTION TO THE FOREFRONT
1973 - 1988
ANSWERING THE LAND QUESTION
1990 - 2015
NEGOTIATING MODERN DAY TREATIES
Present Day
NEGOTIATING TO FINALIZE A KITSUMKALUM TREATY
BRINGING THE LAND QUESTION TO THE FOREFRONT
Tsimshian Chiefs travel to Ottawa to discuss “our troubles about our land”.
Tsimshian Chiefs assert ownership to the land and the need to discuss treaties.
Tsimshian Chiefs travel to Victoria, BC to demand the recognition of title and the need to negotiate treaties and self-government. BC’s response was to say that “…the Indians could no more be seen as land owners.”
Prime Minister Laurier promises to settle the Land Question.
Nisga’a petition the BC Government to resolve the Land Question.
The Allied Tribes of BC is formed to address their grievances about the land and title in the courts.
The Allied Tribes of BC file a petition to the federal and provincial governments that it is presenting all the land claims in BC.
The Native Brotherhood of BC is formed to keep the discussion about the Land Question alive.
Nisga’a take their land question to court. It is known as the Calder Case.
The Union of BC Indian Chiefs is formed to proceed with the land question on behalf of BC First Nations communities.
ANSWERING THE LAND QUESTION
The Supreme Court rules that the Nisga’a held aboriginal title before contact, but there was a stalemate on the continued existence of Nisga’a title.
The federal government starts negotiations with the Nisga’a to settle their Land Question.
The federal government starts a “Comprehensive Claims Policy” to settle the Land Question in BC.
The Canadian Constitution affirms Aboriginal title and treaty rights, but does not define them.
Clifford Bolton, and Don Roberts started the Kitsumkalum treaty process with the Letter of Intent
- The treaty process was started to regain control and eliminate the uncertainty of how and where rights are applied to lands and resources.
Tsimshian Declaration and Claim to Territories is declared in preparation to enter into negotiations with the federal government.
The Supreme Court of Canada recognizes that Aboriginal Rights existed before Canada became a country, and that those rights exist both on- and off-reserve. It also confirms that the federal government must protect the interests of the Aboriginal peoples.
Gitxan and Wet’suwet’en file suit against the province claiming ownership to their territories and the right to self-government. It is known as the Delgamuukw Case.
The federal government agrees to negotiate with the Tsimshian under the Comprehensive Claims Policy
The Court of Appeal of BC reaffirms the aboriginal right to fish for food continues to exist in the province. It is known as the Sparrow Case.
The federal government grants Sechelt title to lands in the traditional territories and provides self-government through legislation.
BC Government Native Affairs Secretariat is formed.
The Tsimshian Tribal Council is formed to negotiate the Tsimshian land claim with the federal government.
NEGOTIATING MODERN DAY TREATIES
The Supreme Court of Canada rules that Aboriginal Rights cannot be extinguished without a “clear and plain intent”.
The Province of BC agrees to join First Nations and Canada in the treaty negotiations and enters negotiations with the Nisga’a and Canada.
The Northwest Tribal Treaty group is founded to help the Haida, Haisla, Babine, Gitxan and Wet’suwet’en, Gitanyow, Carrier-Sekani, Tahltan, Taku, Tlingit, Kaska Dene and Tsimshian Nations with their land claim negotiations.
The memorandum of understanding signed between Kitselas, Kitsumkalum, Lax Kw’alaams, Metlakatla, Gitxaala, Gitga’at and Kitasoo / Xai’xais First Nations grant the Tsimshian Tribal Council the mandate to pursue the Tsimshian land claim on behalf of all the Tsimshian.
The BC Court of Appeal rules that the Gitxan and Wet’suwet’en people have “unextinguished non-exclusive aboriginal rights, other than right of ownership”.
The government of BC officially recognizes the inherent rights of First Nations to Aboriginal Title and self-government. The government pledges to negotiate “just and honourable treaties”.
The tripartite modern-day BC Treaty Making Process is born to settle the land question in BC between Canada, BC and First Nations in the province.
The BC First Nations Summit is formed to represent the BC First Nations in treaty negotiations.
The BC Treaty Commission is formed to “…advocate for and facilitate the recognition and protection of Indigenous rights and title, and the implementation of the UN Declaration on the Rights of Indigenous Peoples through the negotiation of modern treaties”. (see https://www.bctreaty.ca/about-us )
The Tsimshian Tribal Council presents their “Statement of Intent” informing the Federal and Provincial governments that the Tsimshian are ready to enter treaty negotiations. Stage One of the treaty process begins.
The Tsimshian Statement of Intent is accepted for negotiations. The Tsimshian Tribal Council enters Stage Two of the treaty process.
The BC Treaty Commission declares the Tsimshian Nation ready for negotiations on December 20, 1995.
The Nisga’a, Canada and Provincial governments reach an Agreement-in-Principle for a treaty for cash, land, self-government, and authority.
The Tsimshian and Nisga’a sign a memorandum of understanding to deal with common boundaries and overlap of territories.
An Agreement is initialled on April 24, 1996, and formally signed in November 1996 to officially show that the Tsimshian Tribal Council has concluded Stage 3 of the modern-day negotiating process.
After a pause in negotiations, Kitsumkalum resume treaty negotiations for a Kitsumkalum Treaty.
Following internal discussions, a new non-profit society to address Tsimshian land claims issues is formed. The Tsimshian Tribal Council Society is founded and replaces the Tsimshian Tribal Council to represent the remaining five Tsimshian Nations at the treaty negotiating table.
Following discussions amongst the five Tsimshian Nations, it is decided that each Nation will move forward in their own community-specific treaty negotiations. The Tsimshian Tribal Council is disbanded.
Kitselas, Kitsumkalum, Metlakatla, Gitga’at & Kitasoo/Xaixais continued treaty negotiations with Canada and British Columbia. Each Nation enters Stage 4 of the BCTC negotiation process with regular meetings and negotiation sessions.
The provincial government of BC negotiates separate Forest and Range Acts with First Nations. By 2005, over 40 such agreements are completed in British Columbia.
The Maa-nulth Treaty First Nations voted in favour of accepting their Final Agreement. Of those who voted, close to 80 per cent were in favour of the treaty.
Forest Consultation and Revenue Sharing Agreements are introduced by the government of British Columbia. The aim of these new agreements, called Forest Consultation and Revenue Sharing Agreements (FCRSA) will provide First Nations with economic benefits that return directly to their communities based on the harvest activities in their traditional territories. Kitsumkalum signs an FCRSA agreement on May 11, 2011.
Tla’amin Nation members voted to approve the Tla’amin Treaty.
A Letter of Understanding is signed between Kitsumkalum, British Columbia and Canada.
An Incremental Treaty Agreement is signed between Kitsumkalum, British Columbia and Canada.
Kitsumkalum announces the approval of their Agreement-in-Principle treaty vote held on April 10, 2013. Once the polls closed, a final tally of 298 was counted, with 190 ‘Yes’ votes – to proceed with final treaty negotiations with Canada and British Columbia – and 108 ‘No’ votes
On July 2, 2014, Kitsumkalum signs an Incremental Treaty Agreement with the Government of BC. This provided Kitsumkalum with lands for expansion and economic development opportunities.
On August 4, 2015, the governments of British Columbia and Canada formally ratify the Kitsumkalum Agreement-in-Principle. Kitsumkalum officially moves into Stage 5 of the treaty negotiations, where negotiators are negotiating a Kitsumkalum Treaty.
NEGOTIATING TO FINALIZE A KITSUMKALUM TREATY
Since the ratification of the Agreement-in-Principle in 2015, negotiators continue to negotiate a Kitsumkalum Treaty.
