MAA-NULTH FIRST NATIONS â€œA Foundation For Our Future Generationsâ€

Huu-ay-aht First Nations Ka:’yu:’k’t’h’/Che:k’tles7et’h’ First NationsToquaht Nation Uchucklesaht Tribe Ucluelet First Nation

MAA-NULTH

FIRST NATIONS

“A Foundation For Our Future Generations”

Maa-nulth Treaty Overview

� Will include land, governance, cash and resources

� Provides a “tool box” for our people to make our own decisions on our own terms

� Is really about finishing what our ancestors began

� Acknowledges “who we are and where we come from” while at the same time establishing a strong foundation for our future generations

� Establishes a new relationship with our neighbours

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Why have a Treaty

What is the Indian Act?Federal Government

IndiansIndians Indians Indians Indians

Indian Act

Law

that governs

Indians

There are 633 Bands/First Nations in Canada

Membership

Money

Lands and use of lands

Wills and estates

Elections

Powers of Councils

Taxation

Offences and enforcement

Schooling

Before and after Treaty

First Nation community driven solutionsMaa-nulth governments develop our own solut ions

based on our culture and values

Government imposed solutionsGovernment imposes solutions upon us that

have litt le to do with who we are

Maa-nulth First Nations ServicesSame level of existing services plus ability to expand services to meet needs of members

Health Canada and DIA ServicesContinued reduction in benefits (e.g. medical,

dental, education, child care, etc.)

Governed by First Nation ConstitutionFirst Nations’ systems of government (under

Constitutions), can inc lude elected and hereditary Maa-nulth Governments makes laws

Governments are accountable to the people

Governed entirely by the Indian ActIndian Act defines Band Council and their

powersBand Council has delegated authorities; report to

Minister of Indian Affairs

IndependentMaa-nulth First Nation Governments are

independent of government, control our own lives

Dependent on GovernmentDIA controls everything in our lives

“from birth to death”

Life under TreatyLife under the Indian Act

What survives, what’s enhanced

First Nations have the ability to enhance these services as determined by local priorit ies

Health/Dental benefits: Maa-nulth-aht remain entit led to Non-Insured Health Benefits as per current polic ies, inc luding prescript ions, eyeglasses, dental, medical

Maa-nulth-aht and Maa-nulth Cit izens are entit led to benefits provided by First Nations

If Maa-nulth-aht do not live in their own Treaty Lands, serv ices such as education, social assistance, health and dental are provided for and paid for by the federal government

Access to programs and services available to aboriginal people in Canada: As Status Indians under the Indian Act those Maa-nulth-aht remain entit led to apply for programs and services available to status Indians (that are not provided for in the treaty)

All funding for exist ing programs and services will continue; funding is enhanced under the treaty and includes annual adjustors to account for inflat ion and population increase

Funding for programs and services continues, but through the treaty

Maa-nulth-aht: indiv iduals enrolled under the Maa-nulth Treaty are entit led to all benefits in the treaty

Maa-nulth C it izens: are entit led to rights as defined in First Nation Constitution

Indian Status: Indian Act still applies for the purposes of defining “who is an Indian” – i.e. “Indian Status” remains

What is enhanced through treatyWhat stays the same

• traditional government –Ha’w iih / Ha’houlthee

• control over lands andresources

• self-suff icient; self-governing

• Indian Act system

• delegated authority overlimited land base (Reserves)

• Chief & Councilaccountable to Minister ofIndian Affairs

•self-suff icient; self-governing

•control over lands and resources (law-making)

•controlling our ow n lives

•Incorporating our ow n values and traditional forms of governing through our ow n Constitutions

Status Quo Road- dependent ongovernment policiesand programs

- others operate thebusinesses

- no change in our basicsituation

Roadmap to our future

Where we are Where we are goinggoing

Treaty Road- additional lands and resources- governing pow ers- f inancial benefits- control of our own lives

Where we come Where we come fromfrom

Litigation Road- uncertain outcome- costly- leads back to negotiations

Where we areWhere we are

The Maa-nulth Treaty:

“A Foundation for Future Generations”

Culture and Heritage


� Our culture, heritage and history underlies the entire treaty

� Final Agreement recognizes the extent of our traditional territories and confirms exclusive and shared rights within the Ha-houlthee of Maa-nulth Ha’wiih

� Explicitly acknowledges that our First Nations will be able to appoint Ha’wiih to our governments

� We will play a lead role in preservation of our culture, language and the education of our young people


� Our rights and interests extend beyond treaty settlement lands into our entire ha-houlthee� managing heritage sites both on and off treaty settlement

lands

� ability to continue to hunt, fish, and gather resources throughout our Ha-houlthee (including areas in parks)

� ability to access monumental cedar within ha-houlthee

� Many of our artifacts currently housed in museums like the Canadian Museum of Civilization and the Royal British Columbia Museum will be returned to us

Self-Determination

Governance

� Each Maa-nulth First Nation will operate under its own government and its own First Nation constitution

� First Nation constitutions will set out:

� the structure and powers of each Maa-nulth First Nation government,

� the accountability of the Maa-nulth First Nation Governments to its citizens,

� individual rights,

� lands system, financial administration, dispute resolution systems

Law Making Authority

� Each Maa-nulth First Nation government will have law-making powers and responsibility in relation to a broad range of issues related to:� lands and land management� resources� social development� protection and enhancement of culture, heritage

and language� public administration� revenue and wealth generation, and� financial accountability

Lands

and

Resources

Lands

� Each Maa-nulth First Nation has selected additional lands many times the size of existing Reserve Lands

� Indian Reserve lands currently owned by “Her Majesty the Queen” will become Treaty Lands that will be owned in fee-simple lands by Maa-nulth First Nations

� First Nations will have direct control (law-making) over these “Treaty Lands”, and will be able to use our lands in whatever way our Nations and our governments determine

Lands

� Each First Nation has also identified “pre-approved”parcels of lands that, if purchased within a 15-year period, will automatically become Treaty Lands with no further approval or negotiation required

� Economic, governance and cultural rights have been protected throughout our ha-houlthee (hunting, fishing, gathering, resource revenue sharing, participation in planning and management processes

First Nations Treaty Lands

24,459 hectares22,375 hectares2,084 hectaresTOTAL

5,346 hectares5,147 hectares199 hectaresUcluelet First Nation

3,067 hectares2,834 hectares233 hectaresUchucklesaht Tribe

1,489 hectares1,293 hectares196 hectaresToquaht Nation

6,299 hectares5,920 hectares379 hectaresKa:’yu:’k’t’h’/Che:k:tles7et’h’ First Nations

8,258 hectares7,181 hectares1,077 hectaresHuu-ay-aht First Nations

Total treaty settlement

lands

Additional LandsFormer Indian Reserves

First Nation

Approximate Areas of Pre-approved Lands

3,933 hectaresTOTAL

216 hectaresUcluelet First Nation

448 hectaresUchucklesaht Tribe

721 hectaresToquaht Nation

252 hectaresKa:’yu:’k’t’h’/Che:k:tles7et’h’ First Nations

2,296 hectaresHuu-ay-aht First Nations

Approximate area of pre-approved lands for potential purchase

Maa-nulth First Nation

Role Outside Treaty Lands

� Economic (eg revenue sharing)

� Governance (eg planning, management)

� Cultural rights (eg harvesting activities)

have been protected throughout our ha-houlthee

� Each Maa-nulth First Nation will have a voting seat on Regional District Boards

Natural Resources

� We will own, control and be able to access all natural resources on treaty settlement lands, including activities such as harvest, protection and enhancement

� Similar rights also extend in federal and provincial parks as well as offshore into Domestic Fishing Areas that are also outlined in the Final Agreement

� Rights include access to and gathering of resources for both traditional and commercial purposes

Natural Resources

� Maa-nulth First Nations will also be able to appoint

members to participate in a number of planning and

management activities along with representatives

from other levels of government, for example in the

areas of wildlife management, forest harvesting and

fisheries planning

Subsurface Resources

� Maa-nulth First Nations will own the subsurface resources beneath Treaty Lands

� This is a higher level of ownership than what other people in British Columbia enjoy

� As owner, Maa-nulth First Nations will have the authority to set fees, royalties and other charges for exploration, development or extraction and production of subsurface resources

Fisheries

� Fisheries have been central to the health and well-being of our communities for countless generations. However, fisheries resources are not limitless, a fact that has become clearer in recent decades.

� The treaty recognizes our constitutionally protected rights to harvest fish for food, social and ceremonial (FSC) purposes, and will provide Maa-nulth First Nations a much higher level of certainty around rights of commercial access to the fishery for our Nations than was previously the case.

Forest Resources

� Maa-nulth First Nations will own all forest and range resources on Treaty Lands

� This ensures that we control the management and harvesting of trees and non-timber forest resources both for traditional purposes as well as for housing and economic enterprises

� Final Agreement clearly identifies the importance that Maa-nulth First Nations attach to cedar and cypress trees and an agreement (outside the treaty) allows for harvest of monumental cedar within our ha-houlthee

Federal and Provincial Parks

� Maa-nulth First Nations retain rights within the provincial and national park and marine conservation area boundaries within our ha-houlthee to conduct activities such as: � harvesting plants for food, societal and ceremonial

purposes� gathering plants or timber resources for medicinal,

ceremonial or artistic purposes� trapping of fur-bearing animals, and the hunting

of birds and mammals for food, societal and ceremonial purposes

Water – domestic, industrial, agricultural

� Water reservations will be established for each Maa-nulth First Nation as follows: � 75,000 cubic decameters per year to the Huu-ay-

aht First Nations� 50,000 cubic decameters per year to the

Ka:’yu:’k’t’h’/Che:k:tles7et’h’ First Nations� 15,000 cubic decameters per year to the Toquaht

Nation� 50,000 cubic decameters per year to the

Uchucklesaht Tribe � 57,000 cubic decameters per year to the Ucluelet

First Nation

Water – Hydropower generation

� The Final Agreement also assigns further water resources to Maa-nulth First Nations in order that we may assess their suitability for hydropower generation. The following rivers and streams are identified for Maa-nulth First Nations:

� Huu-ay-aht First Nations: Sarita River

� Ka:’yu:’k’t’h’/Che:k:tles7et’h’ First Nations: TahsishRiver

� Toquaht Nation: Draw Creek

� Uchucklesaht Tribe: Handy and Uchuck Creeks, and

� Ucluelet First Nation: Nahmint River

Wildlife and Migratory Birds

� Our rights to harvest wildlife and migratory birds throughout our ha-houlthee for food, social and ceremonial purposes are recognized

� We will be able to trade and barter in wildlife, wildlife parts, migratory birds and migratory bird parts with aboriginal people of Canada who reside in British Columbia

Revenue

and

Economic Benefits

Taxation

� Each Maa-nulth government will be able to levy taxes on its members living on treaty settlement lands

� By entering into agreements with Canada and British Columbia Maa-nulth governments will also be able to levy taxes on non-members living on treaty settlement lands

� Decisions to tax will be made by each Maa-nulth government depending on local needs with Maa-nulth governments answerable to their citizens for the decisions they make

Taxation

� After a transition period First Nation Citizens who are Status Indians will be subject to income and other taxes

� The transition period ends after:� 8 years for transaction taxes (GST, PST)� 12 years for all other taxes (income tax)

� The transition period provides time to develop economies and adjust to life under the Treaty

Flow of Tax Dollars – Tax Sharing Agreements

Taxpayer Canada or BC

First Nation

Services

Taxes

Tran

sfer

s

Financial Benefits

� Protection and enhancement of funding for existing programs and services

� New funding to cover Treaty implementation and operating costs

� Unrestricted payments for any First Nation objective including economic development, financing of business ventures and other initiatives

� Payments for specific purposes related to the Treaty including commercial fish licenses and capital projects

Ongoing Program Funding

� Funds to support and enhance existing programs including health, social services, education, administration, capital projects and infrastructure. These annual funds amount to:� $2.2 million to the Huu-ay-aht First Nations, � $2.8 million to the Ka:’yu:’k’t’h’/Che:k:tles7et’h’

First Nations, � $730,000 to the Toquaht Nation, � $1.0 million to the Uchucklesaht Tribe, and� $2.8 million to the Ucluelet First Nation,� for a total of $9.5 million annually

Treaty Implementation Funding

� Maa-nulth First Nations governments will receive lump-sum payments which are earmarked to fund Treaty implementation and operating costs

� Implementation and operating costs include:� fisheries management� land management activities� capacity development including language and

cultural programs� construction and operation of a healing centre (for

all five Maa-nulth First Nations)� management issues in federal parks that overlap

Maa-nulth territories

Implementation Funding Payments� These funds will be paid in stages:

� $6.1 million paid out on the effective date of treaty,

� $30 million paid out over three years, and

� $10 million paid out over eight years.

� The allocation of the lump-sum payments is:� $12.8 million to the Huu-ay-aht First Nations,

� $10.8 million to the Ka:’yu:’k’t’h’/Che:k:tles7et’h’ First Nations,

� $4.3 million to the Toquaht First Nation,

� $5.5 million to the Uchucklesaht Tribe, and

� $12.7 million to the Ucluelet First Nation.

� for a total of $46.1 million

Capital Transfers

� $19.4 million to the Huu-ay-aht First Nations,

� $16.1 million to the Ka:’yu:’k’t’h’/Che:k:tles7et’h’First Nations,

� $3.6 million to the Toquaht Nation,

� $4.9 million to the Uchucklesaht Tribe, and

� $18.6 million to the Ucluelet First Nation,


Resource and Revenue Sharing

� For 25 years Maa-nulth First Nations will receive a portion of the revenues that BC collects annually for resources removed from our traditional territories. � $350,000 to the Huu-ay-aht First Nations,� $300,000 to the Ka:’yu:’k’t’h’/Che:k:tles7et’h’

First Nations,� $70,000 to the Toquaht Nation,� $100,000 to the Uchucklesaht Tribe, and� $380,000 to the Ucluelet First Nation,� for a total of $1.2 million annually

Other Funding� Outside of the Final Agreement itself Canada and BC

have also agreed to provide funding for the following specific purposes:

� $5 million for capital projects including subdivision work, sewage treatment and electrification projects,

� $4.15 million for the purchase of commercial fishing licenses, and

� $1.6 million to help Maa-nulth First Nations prepare for implementation of the Treaty,


Why have a Treaty

Lands

and

Resources

Self-Determination

Revenue

and

Economic Benefits


200 eligible voters- 101 must vote in favour

• 50% plus one of the total number of “eligib le voters”

• Enrolled• 16 years +3) Treaty Vote

200 eligible voters- 100 must cast a ballot

- of those 51 must vote in favour

• 50% must cast a ballot and,

• of those, 50% plus one must vote in favour

• Indian Act list (Indian Status members)

• 16 years +

2) Band Assets Vote

Voting date 2

200 eligible votersExample 1:

If 80 vote, 41 must vote in favour

Example 2:If 160 vote, 81 must vote in

favour

• 50% + one of those who cast a ballot

• Enrolled• 16 years + as

of date of Treaty and Band Votes

1) Constitution Vote

Voting date 1

ExampleRequirements for ApprovalEligible VotersVote*

Maa-nulth Votes

What if members vote “No” to Treaty?

• Each of the Maa-nulth First Nations will remain under the jurisdiction of the Indian and Northern Affairs Canada (governed by the Indian Act)

• Repayment of negotiation loans

• Unknown what time period that may result before another opportunity arises to negotiate treaties

• Continued encroachment by other people into the traditional territories (including using resources)

• Rapidly rising land values will affect future negotiations

What if members Vote “Yes” to Treaty ?

• Maa-nulth treaty will become a binding treaty

• end the longstanding Indian Act and federal government rules that have dictated our lives for over 100 years

• restore our right to govern ourselves

• modify aboriginal rights into treaty rights that will continue to be protected by section 35(1) of the Constitution of Canada

What if members Vote “Yes” ?

Law

that governs

Indians

Indian Act

Law

that governs

Indians

Maa-nulth First Nations Treaty

Before and after Treaty

First Nation community driven solutionsMaa-nulth governments develop our own solut ions

based on our culture and values

Government imposed solutionsGovernment imposes solutions upon us that

have litt le to do with who we are

Maa-nulth First Nations ServicesSame level of existing services plus ability to expand services to meet needs of members

Health Canada and DIA ServicesContinued reduction in benefits (e.g. medical,

dental, education, child care, etc.)

Governed by First Nation ConstitutionFirst Nations’ systems of government (under

Constitutions), can inc lude elected and hereditary Maa-nulth Governments makes laws

Governments are accountable to the people

Governed entirely by the Indian ActIndian Act defines Band Council and their

powersBand Council has delegated authorities; report to

Minister of Indian Affairs

IndependentMaa-nulth First Nation Governments are

independent of government, control our own lives

Dependent on GovernmentDIA controls everything in our lives

“from birth to death”

Life under TreatyLife under the Indian Act

• traditional government –Ha’w iih / Ha’houlthee

• control over lands andresources

• self-suff icient; self-governing

• Indian Act system

• delegated authority overlimited land base (Reserves)

• Chief & Councilaccountable to Minister ofIndian Affairs

•self-suff icient; self-governing

•control over lands and resources (law-making)

•controlling our ow n lives

•Incorporating our ow n values and traditional forms of governing through our ow n Constitutions

Status Quo Road- dependent ongovernment policiesand programs

- others operate thebusinesses

- no change in our basicsituation

Roadmap to our future

Where we are Where we are goinggoing

Treaty Road- additional lands and resources- governing pow ers- f inancial benefits- control of our own lives

Where we come Where we come fromfrom

Litigation Road- uncertain outcome- costly- leads back to negotiations

Where we areWhere we are

The Maa-nulth Treaty:

“A Foundation for Future Generations”

Thank you

For more information, please email us at [email protected]

Phone: (250) 724-1802 or Fax: (250) 724-1852Toll Free Message Centre: 1-877-876-3122

MAA-NULTH FIRST NATIONS â€œA Foundation For Our Future Generationsâ€

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