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July 29, 2007

Tsawwasen Treaty Assures Fall Legislative Sitting

Chief Kim Baird, Premier Gordon Campbell and Mike Harcourt all deserve credit for the first modern treaty achieved under the six-stage treaty process. All that remains is for the parliaments of Canada and British Columbia to approve the deal, and for the treaty to withstand any court challenges. Should the treaty be challenged, it is unlikely that the entire deal would be overturned.

The Tsawwassen First Nation has 358 band members. It won't take long for folks to divide the estimated $120 million value of the treaty by 358, and ponder whether $335,000 per person is a benchmark for future settlements. That may be part of the reason Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs, did not join in celebrating the 72% ratification vote by the Tsawwasen people.

Ratification by the BC Legislature is a formality, but an important one. The last time a treaty came before the Legislature for ratification Gordon Campbell was leader of the Official Opposition. He led one of the longest filibusters in the history of the legislature, using every available rule to delay its passage until the government finally invoked closure. Today Premier Campbell is the champion of the New Relationship. In the world of BC politics, however, it would be going too far to say that treaty settlements or the New Relationship has become nonpartisan. Opposition Leader Carole James has been roasted by the Campbell Liberals and the media for not stating a clear position before the vote on the treaty, and for appearing confused in her post-vote news conference. Her apparent weakness is a consequence of a consensus style compounded by a lack of consensus, i.e. a divided caucus. If she told members of her caucus "my way or the highway", as most believe is Campbell's style, she would be seen to be strong, but she would be subject to just as much criticism. The challenge for James, and her caucus, is to persuade the public that a consensus style is a strength. That may require letting the public know who stands where on various issues that divide the NDP caucus, and doing so in such as way as to celebrate diverse opinions rather than to humiliate holdouts.

Ratification of the Tsawwasen treaty will require Campbell to call a fall session of the Legislature; if he honours his Legislature Calendar, the session will be called on October 1st. If this were his first term, the fall session might be expected to last no more than three days, but with a 33 member opposition, even one that has now proclaimed that it will support the treaty, it is likely that the legislation to ratify the treaty will receive full scrutiny so the session will not adjourn until the scheduled date of November 29th. That will give the Opposition 28 question periods during which they are likely to revisit many of the issues that had the Campbell government on the ropes in the spring session. That possibility may tempt Campbell to call the session later than the scheduled date of October 1st; however, if he does that he will appear weak. In addition to the need to ratify the treaty, the government still has six bills on the Order Paper, including Bill 36, which is required if he is going to continue with plans to restructure (radically and undemocratically overhaul) TransLink and Bill 17 which would provide the first opportunity for the Legislature to debate TILMA.

British Columbians should see a very busy Legislature this fall. Whether we do is up to the Premier.

 
 

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