ABORIGINAL TREATY NEGOTIATIONS (2006)

BC and Canada must maintain a strong commitment to the treaty negotiation process in BC. It is the only practical means of effectively concluding the process of reconciliation.

This does not mean abandoning the litigation process. The court, not the government, develops aboriginal law in Canada, and the litigation process will continue to assist in defining the principles that should form the basis of treaty settlements. However, the cost, time and acrimony associated with the litigation process make it more effective as an adjunct to, rather than an alternative to, the treaty process.

The most serious issue for the business community associated with the treaty negotiations is that third party compensation not be compromised in the quest to achieve final treaty settlements.

It is assumed that the settlements of treaties will result in the transfer of some Crown land to aboriginal groups, and tenure holders who currently have leases or licences on that Crown land will be affected. What is not clear is how those tenure holders will be compensated for any losses they incur as a result of final treaties. It appears that there are many third parties who have already been affected by pre-treaty agreements, and no compensation has been forthcoming.

While the government has publicly committed to compensate third parties for losses resulting from treaties, there has been no process or formula yet established to accomplish this.

In order for BC to fully benefit from the improved investment climate that would result from the conclusion of treaties, the question of third party compensation should be settled just as clearly and just as adequately as the treaties themselves. Now that substantial progress may be being made on the treaty front, the issue of third party compensation requires more attention. Governments should implement fair and transparent policies to ensure that directly affected third parties with tenure rights on Crown land do not suffer financial losses as a result of land transfers to settle treaties.

THE CHAMBER RECOMMENDS

That the Provincial Government develop a compensation policy to ensure that third parties holding specific rights on Crown land are provided with fair and timely compensation if their rights are directly affected by treaty settlements or pre-treaty settlements.