| The British Columbia six-stage treaty process was set out in the British Columbia Claims Task Force Report of 1991 and incorporated in the tripartite British Columbia Treaty Commission Agreement of 1992. The process is voluntary and provides a framework for both First Nations negotiating parties and others as they work through the negotiation process. At present there are 58 different negotiations at various stages of the six-stage process.
Stage one of the process requires the filing of intent to enter into negotiations with the governments of Canada and British Columbia. The statement of intent must identify the First Nation’s governing body and the people that body represents, a process aimed at establishing the mandate of the body to enter the negotiation process. It must also contain a description of the geographic area of the First Nation’s traditional territory.
Within 45 days the treaty process enters Stage Two, when the British Columbia Treaty Commission convenes a meeting between representatives of the three parties. At this meeting, the parties must demonstrate their willingness to enter into negotiations, outline a process for negotiation and ratification of a final agreement, and a formal means of consulting with third parties, including local governments and other interest groups. Once these processes have been agreed upon, the British Columbia Treaty Commission declares the group ready to begin preparation of a framework agreement.
Stage Three includes the negotiation of a framework agreement identifying the issues that require negotiation, as well as a set of benchmark outcomes and a time table for negotiations. At the same time, the governments of both British Columbia and Canada engage in public consultation at both a regional and local level.
In Stage Four, parties examine in detail the issues identified in the framework agreement, with the goal of reaching an agreement in principle. The agreement in principle ‘identifies and defines a range of rights and obligations, and forms the basis for the treaty.’ The parties also begin to plan for implementation of the treaty.
In Stage Five, ‘technical and legal issues are resolved to produce a final agreement that embodies the principles outlined in the agreement in principle and formalizes the new relationship among the parties.’ Once signed and formally ratified, the final agreement becomes a treaty.
Stage Six is the formal implementation of the treaty, in which plans to implement the treaty are put into effect or phased in as agreed. |
