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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