Monday, February 26, 2024

Nisga'a Nation, Province of British Columbia resolve Treaty issues without need of a court date

The Nisga'a Nation and Province of British Columbia relayed some significant news just ahead of the Nisga'a New Year on Friday, with both sides reaching an agreement on a number outstanding issues related to the interpretation of the Nisga'a Treaty.

The resolution to the issues one that was described by the two parties as a historic out of court settlement.

One that successfully implements a government to government and respectful approach to resolving treaty disputes.

The areas addressed from the Friday announcement included outstanding interpretation on the following areas:

How the Province will respectfully engage, including consulting with and accommodating the Nisga'a Nation should the province enter into reconciliation or accommodation measures, with other Indigenous groups that claim Aboriginal rights and title within the the Nisga'a Treaty areas.

Provides clarity on how Chapter 10 -- Environmental Assessment and Protection of the Nisga'a Treaty will apply to projects that may affect Nisga'a Treaty Rights.

Clarification towards certain harvest limits to grizzly bear, Moose and mountain goat species, an area of concern that the Nisga'a was seeking to ensure for a sustainable and conservative heaviest of the three species in the Nisga'a Traditional territory.

Upon conclusion of the work on the outstanding issues, Eva Clayton, President of the Nisga'a Lisims Government outlined the sense of success the Nisga'a found from the process.

"In a treaty relationship like the one we have it's inevitable that disagreements will come up from time to time.  We are pleased and encouraged that we have been able to work with the Province to find mutually beneficial solutions to these disputes to ensure Nisga'a citizen's treaty rights are respected. The Nisga'a Nation looks forward to working with the Province to implement our treaty as we have agreed"

For the province the ability to reach clarity on the outstanding issues was the key focus for Minister of Indigenous Relations and Reconciliation Murray Rankin.

"This agreement provides greater clarity to both governments on how certain chapters in the Nisga'a Treaty will be interpreted and on BC's  consultation obligations, including our approach to working with neighbouring First Nations when there may be an impact on the Nisga'a Treaty. We are committed to fulfilling those and continuing to strengthen our treaty relationship"

The Nisga'a Treaty went into effect on May 11th of 2000, it is the First Modern Treaty in the province.

Some additional background towards what the dispute resolution process means for the members of the Nisga'a Nation can be explored further through this link to the Nisaga'a information update.

Mote notes of interest from the Nisga'a Nation can be reviewed through our archive page.

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