Minister De John Proposes Legislation reconizing Aboriginal Title and Rights

B.C. proposes aboriginal title and rightslegislationLast

Minister for Aboriginal Relations is hopeful theprovince's First Nations leaders will support his proposal to recognizeaboriginal title and rights by enshrining the province's newrelationship with their people into law.Minister Mike de Jong says his proposed legislation will help end150 years of marginalization, but in order to move forward the ministerneeds a positive vote from the members of the First Nations Summitmeeting in Victoria this week.

On Thursday morning, de Jong made an impassioned plea to the chiefsattending the summit to support the principles laid out in a discussionpaper he presented to them.Those principles included officially recognizing that "aboriginalrights and title exist in British Columbia throughout the territory ofeach Indigenous Nation that is the proper right and title holder,without requirement of proof of claim.

"Essentially, the proposed legislation would recognize the existenceof First Nations, with their own laws, governments and territories andtitle to the land."You shouldn't be required to stand in a court and call evidenceof the rich history of your culture and your centuries of presence inthis part of the world," de Jong told the summit.Positive reaction seenMany of the leaders reacted positively to the draft legislation.Guujaaw, president of the Council of Haida Nation, said the proposalwas a significant step in First Nations' relations with the B.C.government."Certainly it's a far cry from where we were, when the notion was toexchange all of our titles for treaties," he told CBC News.

Chief Judith Sayers of the Hupacasath said the legislation wouldgive the government a clear mandate to negotiate revenue-sharing withFirst Nations."It's incredibly significant. We have been working on this foralmost three years," she said.Members of the First Nations Summit were expected to vote Friday onthe principles contained in the discussion paper.If they do vote to support the principals, de Jong then intendsto draft the legislation within a month and present it for passage inthe legislature before the coming provincial election in May.

The legislation represents a significant step in a long politicalturnaround for Gordon Campbell's B.C. Liberal party.After winning the 2001 election, Campbell held a controversialreferendum on treaty negotiations that threatened to deepen divisionsbetween the province and First Nations.But instead, after winning the 2005 election Campbell kick-startedstalled treaty negotiations with a promise to forge a new relationshipwith the province's First Nations, based on government recognition ofaboriginal title and rights.

Since that time, two significant treaties and several interimagreements have been signed with several First Nations, including onecontroversial deal with the Tsawwassen south of Vancouver.Critics have said the process has been to costly and has little toshow for real results.Historically in British Columbia, unlike in other provinces, landswere never legally ceded by First Nations to the British colonialgovernments, with the exception of a few small areas near Victoria.