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Treaty Interim Measures Negotiations Reach Impasse

After months of negotiations of an Interim Measures Agreement involving British Columbia, the Ditidaht and Pacheedaht First Nations, the forest tenure holders and the IWA, the Province has refused to commit its support.

The Agreement, which was scheduled to be signed today by the government, the First Nations and the forest companies, would have resulted in a unique process of involvement and cooperation between the three parties. It was intended to deal with the issues of protection of key lands and resources involved in the treaty negotiations process as well as to provide the First Nations with an opportunity to participate in the economy and develop their human resource and business capacities.

Commitments related to fiber supply on the part of the Province, essential to make the concept work, were withheld at the eleventh hour. Agreement had been reached on all other aspects of the interim measure.

"These interim measures are essential to give us time to resolve some very complex treaty issues" said Ditidaht Chief Councillor Jack Thompson. "They would have enabled us to work with the government and the forest companies in protecting our aboriginal and cultural resource interests in the context of the broader objectives of the region and industry. They would have enabled our people to share in the economy of our Traditional Territories on a fully integrated basis with the current licensees" he said. "It would have launched the stakeholders in the forestry sector on the path of integration and cooperation that treaties must surely rely on in the future. Our people are deeply distressed by what has happened" said Chief Thompson.

The negotiations of the Interim Measures Agreement involved the Weyerhaeuser, TimberWest and Western Forest Products companies, holders of tree farm licences in the Traditional Territories of the First Nations, as well as the local IWA representatives. Last minute efforts to persuade the Province to include a commitment to the volumes of fiber negotiated ultimately failed.

"We have negotiated in good faith for four months and had every reason to expect this agreement to come together" said Pacheedaht Chief Councillor Marvin McClurg. "This speaks to us of the Province's commitment to First Nations people and the treaty process" he added, "and it has to send a discouraging signal to the forest industry." "They too have been at the table, working in good faith to find ways of addressing our respective objectives in a mutually beneficial way" said Chief McClurg.

The Ditidaht and Pacheedaht First Nations are uncertain as to what this turn of events means in terms of the Province's intentions to continue negotiations on Interim Measures Agreement and their treaty. "We still believe that the negotiations process is the right way to go" said Chief McClurg, " and we stand prepared to salvage what we can. But the ball is in the Province's court at this point". Treaty negotiations with the Ditidaht First Nation started in 1994. Pacheedaht joined in a joint process two years later.

"Our people have invested far too much in treaty making, in both financial and human terms, to have this sort of thing happen at the last moment" said Chief Thompson. "While others have turned to direct action to get results, we have been the most patient and cooperative people in the process. But it seems that all we have achieved for our seven years of effort is rejection" he said. "Where is the evidence of good faith when this sort of thing happens."

The concept of interim measures as a means of facilitating treaty negotiations by protecting strategic lands and resources; providing for a sharing of the resource economy; and helping First Nations to develop capacity was a key component of the agreement between the parties that gave birth to the British Columbia Treaty Process nearly 10 years ago. That commitment to interim measures was affirmed last summer by both Canada and British Columbia, and a number of agreements have already been concluded.

"If the Province can make commitments of fiber to other First Nations in their Interim Measures Agreements, why not us" questions Chief McClurg. "For some reason it seems that First Nations that are the most needful of help get the least consideration" he said.

The Ditidaht and Pacheedaht First Nations are located on the southwest side of Vancouver Island. Their Traditional Territories span approximately 100 kms of coastline and include the Carmanah/Walbran area and much of the West Coast Trail sector of Pacific Rim National Park.

For further information please contact, Shelley Chester, Ditidaht/Pacheedaht Treaty Coordinator, phone: 250-755-7824 or FAX: 250-755-7827.