A treaty is a negotiated agreement that defines the rights, responsibilities and relationships between Aboriginal/First Nations communities and the federal and provincial governments. Canada has two types of treaties; historic and modern. Modern treaties have been negotiated since 1924 and consist of comprehensive claims of First Nations land rights that occur in areas of the country which have not been addressed by treaties or through other legal means. In these regions, up to date treaties are protected in legislation and negotiated between the First Nations communities, Canada and the province or territory.
First Nations approach treaty negotiations based on: Lands & Resources, Economic, Culture & Language, and Governance.
BC Treaty Commission identifies six-stages to Treaty Negotiations/Policies & Procedure:
Stage 1: Statement of Intent to Negotiate
Stage 2: Readiness to Negotiate
Stage 3: Negotiation of a Framework Agreement
Stage 4: Negotiation of an Agreement in Principle
Stage 5: Negotiation to Finalize a Treaty
Stage 6: Implementation of the Treaty
Understanding and respecting aboriginal perspective is crucial. Kent-Macpherson’s long standing client relationship with many First Nations communities and governments throughout the province and country gives us insight into the significance of those opportunities that increase the well being of the First Nations community in a sustainable and environmentally sound way. Given our appreciation for First Nations history and diverse aboriginal culture, we offer our professional advice during treaty negotiations on land selections options, valuation, highest and best use analysis and feasibility studies.