Audits of Treaty Negotiations

On November 28th BC's Acting Auditor General, Arn Van Iersel, and Auditor General for Canada, Sheila Fraser, released their reports on the treaty negotiation process in BC. The Forward sections in both reports are identical and are signed by both auditors. The rest of the reports differ, each focusing on matters relevant to their respective levels of government.

Both reports say that when the British Columbia treaty process was created in 1992, the federal government initially "expected that all claims in B.C. would be resolved by the year 2000. Today, about 40 percent of eligible B.C. First Nations, or Indian Act bands, representing about 30 percent of their population, do not participate in the process."

Fraser reported that despite claims by federal officials that participation in the negotiation process has produced better relations between the parties, "there are indications that the failure to deliver treaties, limited Interim benefits, and the relatively slow pace of negotiations are actually straining the relations between governments and the First Nations." Fraser offered her opinion that, given the options available today, including court ordered funding of litigation, "it will be more difficult under the treaty process as it exists today, for the federal government to achieve its policy objective of signing treaties with most B.C. First Nations." Nevertheless, Fraser expressed the view that "negotiations remain an effective means by which the parties can build the new relationship they are seeking and resolve their claims."

Van Iersel echoed Fraser's report on strained relations resulting from the negotiating process, but he went on to say: "An emerging policy, the New Relationship - an opportunity for all First Nations, whether inside or outside the treaty process, to work with the province to make decisions about the use of land and resources - may help to strengthen relationships between the three parties. However, until the province clarifies the link between its New Relationship and treaty negotiation policies, the "wait-and-see" attitude of some First Nations will contribute to the slow pace of negotiations."

Neither audit report offers any likely date when more than a dozen negotiations (or "tables") might settle. Fraser reported (page 15, para 7.26) that of 47 tables participating in the process in 2005, 12 tables were "inactive", 17 were "challenging" and 18 were "productive". Van Iersel reported (page 8) that there are 57 First Nations participating in the process; the difference between 57 and 47 might be due to tables with more than one Nation, but that is not clear when reading the reports. The BC Ministry of Aboriginal Relations and Reconciliation's website says: "There are currently 42 treaty tables involving about 120 Indian bands, or two-thirds of the bands in British Columbia." It would be nice if the auditors and the Ministry could agree of the number of tables, negotiations, First Nations and bands.

Van Iersel stressed that as a result of the government cutbacks in 2001-2002, there are not sufficient negotiating resources to meet the needs of any but the "breakthrough tables". He recommended that: "The Ministry of Aboriginal Relations and Reconciliation, in conjunction with the other ministries involved, should ensure there is adequate alignment of resources, roles and responsibilities to support the treaty negotiation process."

Both auditors noted that reports on the progress and results of negotiations are inadequate. While we wait for improved reporting, part of the information gap could be filled by complete answers when federal and provincial ministers are questioned by their critics. When Finance Minister Carole Taylor presents her 2006-07 budget, the Minister for Aboriginal Relations and Reconciliation, Mike de Jong, should expect to be examined in the context of the audit reports. The Ministry's budget is $33 million this year; in February the budget plan called for it to be cut to $32 million next year, but the First Quarterly Report changed that to an increase to $35 million. The Ministry's Service Plan for this year shows $20.057 million allocated to negotiations, with a plan to cut that to $19.195 million next year. Thanks to Van Iersel, we know that budget is inadequate to meet the needs of all but a few tables.