Where We’ve Come From
The announcement last October of B.C.’s Foundation Agreement between B.C. and the shíshálh First Nation is one significant milestone that triggers a look at where we’ve come from, where we are, and where we may be headed. Its significance lies, among other things, in its attempt to implement reconciliation efforts, formalize land claims, extend self-government, protect the environment, and introduce brand new decision-making panels. The agreement affects all B.C.’s 198 First Nation communities, any British Columbian with an interest in waterfront lands and, in fact, all British Columbians, not just the parties to the Agreement.
There are many good things in the agreement for the shíshálh people, whom I respect as leaders in fostering self-government for themselves and for Indigenous communities across the country. But, looking beyond the immediate parties to this agreement, do landmark accords like this really promote reconciliation? Or, are we being sold a pale shadow of reconciliation, a transfer of land and money that might better be described as “restitution?”
Where We Are
Firstly, what land is involved? Like many modern-day attempts at reconciliation, the Foundation Agreement creates uncertainty around land rights. It provides a map of affected territory but does not state clearly what the map represents.
• Does the agreement finalize the shíshálh Nation’s territorial claims?
• Who made the map?
• On what criteria?
Secondly, what process led to the agreement? For the most part, local non-shíshálh residents were not consulted. For instance, people in the Pender Harbour area of the Sunshine Coast who are concerned about their rights to waterfront land were excluded. Exclusion gives rise to feelings of inequality. Restitution without equality does not achieve reconciliation.
Thirdly, is there an extension of distinct, race-based rights, at the expense of equality? The preamble, which sets the tone for the whole agreement, consistently emphasizes the special rights of the shíshálh people, making only one oblique reference to the status of non-shíshálh people.
Fourthly, what new decision-making mechanisms are created? The B.C. government and the shíshálh Nation are responsible for appointing persons to new tribunals, designed to expedite decision-making and create stability.
• Who will be appointed to the new panels?
• On what criteria?
Fifthly, does the agreement promote finality? The agreement is trumpeted by the parties as “landmark,” partly because it does much of what you’d expect a Treaty to do, but without participation by a necessary Treaty party: the Government of Canada. What claims remain unresolved?
Sixthly, and most important, does the government that is supposed to represent all British Columbians have any overall strategy to resolve all outstanding land claims in the province?
Where We’re Going
Make no mistake. Like most Canadians, I long for reconciliation. I support restitution. And I care for equality as a core Canadian value.
But the Foundation Agreement makes us ask, what does “reconciliation” mean? Is it just the paying of money from government to certain Indigenous groups? Too often, Canadian and B.C. officials become preoccupied with the transfer of wealth, which we can call “restitution,” forgetting the bigger and more meaningful “reconciliation” picture. Clearly, compensating a party for a past wrong is required by law. That’s restitution. Both restitution and reconciliation are good, but different. “Reconciliation” is about bringing people together in friendship, not just causing one to pay the other. Restitution should not occur at the expense of reconciliation.
When our governments truly bring our communities together, we can reasonably anticipate reconciliation. On the other hand, despite best intentions, governments which focus on restitution without due regard to reconciliation will only deepen the wedges. Finally, if governments really can’t “do” reconciliation, what responsibility is ours as individuals?
John Weston is a lawyer and consultant specializing in community and First Nations engagement, and government engagement and relations. He served as Member of Parliament for West Vancouver-Sunshine Coast-Sea to Sky Country from 2008-15. The above opinion is totally his own.
