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Canada is a creation of British law. British law recognizes "Indian Nations". Where does Canadian law recognize "Indian Nations"? The answer is in the Delgamuukw Decision SCC 1997.

The BC Treaty Commission (BCTC) does not recognize "Indian Nations", neither does the Federal Indian Act. Therefore, both are in conflict with the Canadian Constitution under Section 35 (1) and the Supreme Court of Canada under Delgamuukw.

Instead of recognizing "Indian Nations", both the BCTC and the Indian Act recognize individual Bands. The fact of the matter is that individual Bands do not have the legal authority to be discussing Aboriginal Title . Aboriginal Title is a collective right that belongs to the respective Indigenous Nations as they existed in 1846 with the signing of the Oregon Treaty. In 1846, Aboriginal Title "crystallized" in British law. It follows that when the British North America Act was enacted in 1867, Canada agreed to inherit British obligations in British North America. The main obligation was to "Treat" fairly with the "Indian Nations". This meant that "informed consent" from the "Indian Nation" was required, prior to any dispossession of land.

The above obligation translated into Treaties being signed across Canada between "Indian Nations" and the Federal Crown. The law was followed across Canada, except in British Columbia. Isn't it ironic that the province that holds it's British heritage so dear, is the province that blatantly defies British (now Canadian) law. This act falls under the definition of "Treason", does it not? The point is that the BCTC and the Indian Act do not have the legal capacity to create "certainty" in British Columbia. In order to achieve this, the Federal Crown has to obey the law and recognize the "Indian Nations" in BC. This means that the "Indian Nations" have to be dealt with as they existed in 1846. For your information, "Indian Nations" are, for the most part, defined under International law according to their "distinct" languages. In BC, there are about 21 "distinct" languages.

Currently, there are 49+ negotiating tables that are currently part of the failed BCTC. These 49+ tables are made up of "First Nations" that claim to represent 70% of the Bands in BC under the umbrella of the BC First Nations Summit. Furthermore, there has been an +/- $1/2 billion spent by the Federal and provincial governments and the individual "First Nations" to date. The fact of the matter is that there will be no "certainty" in BC, until "Indian Nations" are once again recognized by the Federal government. The Constitution of Canada recognizes "Indian Nations" under Section 35(1), so does the Supreme Court of Canada under Delgamuukw. As long as Canada and BC continue with the status quo, there will be no "certainty". The proposed "interim agreements" will not provide "certainty" because individual Bands do not have the legal capacity to bind "Indian Nations".

The only way to provide "certainty" is for the Federal Crown to identify the respective "Indian Nations" in BC and deal with them accordingly. Not all "Indian Nations" are the same, just like all European nations are not the same. That said, however, most "Indian Nations" do value their relationship with the Crown.

Sincerely,

/S/ Chief Dan Wilson,
Okanagan Nation