Understanding the Treaty
Government
The Nisg̱a’a Treaty is a negotiated agreement between the Nisg̱a’a Nation, the Government of British Columbia (B.C.) and the Government of Canada. It came into effect on May 11, 2000.
The Nisg̱a’a Final Agreement (the Treaty) is the first modern-day treaty in B.C. and is the fourteenth modern treaty in Canada to be negotiated since 1976. For a comprehensive summary of the Nisg̱a’a Final Agreement itself, go to Understanding the Nisg̱a’a Treaty, September 28, 1998, or click on the links below.
Nisg̱a’a Final Agreement
The Nisg̱a’a quest for a treaty began with the formation of our first Land Committee in 1890. However, from 1927 to 1951, the Nisg̱a’a could not pursue our goal for a treaty because Canadian laws made it illegal for Indians to raise money to advance land claims. After these laws were repealed in 1951 the Nisg̱a’a Land Committee re-established itself as the Nisg̱a’a Tribal Council in 1955.
In the late 1960’s, the Nisg̱a’a Tribal Council began a legal action in the B.C. Supreme Court. However, it was not until 1973 that the Supreme Court of Canada rendered a decision which prompted the creation of Canada’s land claims negotiation policy. The federal government began treaty negotiations with the Nisg̱a’a in 1976 and the B.C. government joined the two parties at the table in 1990.
The Nisg̱a’a Treaty provides for an open, democratic and accountable Nisg̱a’a Government. It includes representation for all Nisg̱a’a through the Nisg̱a’a Lisims Government, four Village Governments, and three Urban Locals, which provide a voice for Nisg̱a’a citizens who live outside the Nass Valley.
Nisg̱a’a Government operates within the Constitution of Canada and the Canadian Charter of Rights and Freedoms.
The Nisg̱a’a Treaty establishes decision-making authority for Nisg̱a’a Government within a model that the Nisg̱a’a have been accustomed to and have accepted for many years. The Nisg̱a’a Government model is designed as a practical and workable arrangement that provides the Nisg̱a’a Nation with a significant measure of self-government that is consistent with the overall public interest and within Canada’s constitutional framework.
The Nisg̱a’a Lisims Government may make laws in many areas and has principal authority over some, including administration of government, management of the Nisg̱a’a Nation’s lands and assets, Nisg̱a’a citizenship, language and culture. However, the treaty also includes limitations on Nisg̱a’a Government authority. For example, Nisg̱a’a Government cannot make laws about Nisg̱a’a citizenship that deal with immigration or Canadian citizenship.
All Nisg̱a’a laws operate alongside federal and provincial laws, similar to other jurisdictions in Canada where Canadians are subject to federal, provincial and municipal laws simultaneously. The Treaty includes important rules, which set out what will happen to address any conflicts or inconsistencies between laws.
In addition, many Nisg̱a’a Government authorities are subject to federal or provincial standards, where a “meet or beat” approach is taken in a number of areas, including: education, child and family services, adoption, and forestry. Child welfare is a good example of how this works. Nisg̱a’a laws have priority if they meet or exceed provincial standards for child protection — but federal and provincial laws requiring the reporting of children in care continue to apply. The provincial government can continue to act as needed to protect a child at risk within the agreement between the Nisg̱a’a and B.C.
Nisg̱a’a Government may also make laws in areas where some local authority is appropriate, such as environmental protection, health and social services, and traffic and transportation. However, in these areas, federal or provincial laws prevail.
- Subject to age, all Nisg̱a’a citizens may run for office and vote in Nisg̱a’a elections;
- Nisg̱a’a elections must be held every five years;
- Nisg̱a’a Conflict of Interest guidelines and financial accountability mechanisms must be comparable to those that apply to other governments in Canada;
- Protections to ensure standards in services, health and safety have been built into the Treaty; and,
- Protections for non-Nisg̱a’a residents who live on Nisg̱a’a Lands are set out in the Treaty — this includes rights of consultation, participation and appeal where decisions of the Nisg̱a’a Government directly and significantly affect them.
The Nisg̱a’a Treaty is consistent with Canada’s supreme law, the Constitution Act, 1982.
Beginning in the early 1970s, successive court cases confirmed that Aboriginal rights and title are legal rights and that they existed whether governments recognized them or not. In 1982, the Constitution Act included section 35 — a provision that recognizes and affirms existing Aboriginal and treaty rights. In 1983 an amendment was included to clarify that this includes rights in land claims agreements.
It is important to understand that Aboriginal rights and treaty rights are different. Aboriginal rights are not clearly defined, and must be established through the courts on a case-by-case basis. Treaty rights are negotiated and treaty rights can be exhaustively set out and described in detail.
As a modern treaty, the Nisg̱a’a Treaty sets out and describes in detail the rights of Nisg̱a’a citizens. Any Aboriginal rights of the Nisg̱a’a are modified to become rights set out in the Treaty. In this way, the negotiating parties have agreed to rights—rather than extinguishing them.
The Nisg̱a’a Treaty sets out the land and resources that form part of the agreement between Canada, B.C., and the Nisg̱a’a Nation. The Treaty sets out the Nisg̱a’a ‘s right to self-government, and the authority to manage lands and resources. Together, the Treaty and related agreements provide the Nisg̱a’a with:
- $196.1 million dollars (in 1999 dollars);
- 2,019 square kilometres of land;
- an annual allocation of salmon;
- entitlements to harvest other fish;
- allocations of moose and other wildlife species;
- $11.8 million to increase participation in the general commercial fishery;
- a Lisims Fisheries Conservation Trust (to which the Nisg̱a’a Nation has contributed $3 million);
- a water reservation for domestic, agricultural and industrial purposes;
- authority to operate our own government, and the ability to make laws; and,
- funding to deliver health, education, and social services to our citizens and other area residents; and
- Health, education, social services and other services provided under a Fiscal Financing Agreement.
It is important to recognize that Nisg̱a’a Government also contributes to the costs of these programs and services, thereby reducing federal and provincial transfers over time. Nisg̱a’a Government and citizens help finance programs and services in two ways:
- through payment of income and sales taxes; and,
- by contributing a share of its revenues.
The Nisg̱a’a Treaty underwent extensive debate in the B.C. Legislature and in Canada’s House of Commons and Senate. The Treaty includes provisions that reflect how governments addressed the concerns of the public and third parties, which were brought to the attention of negotiators. Nearly 500 public information and third-party consultation meetings were conducted during the negotiations.
Full text of the Nisg̱a’a Final Agreement:
Nisg̱a’a Final Agreement – Effective Date.PDF
Treaty Amending Agreement No. 1 – Effective July 5, 2012.pdf
Treaty Amending Agreement No. 2 – Effective April 1, 2015_Part1.pdf
Treaty Amending Agreement No. 2 – Effective April 1, 2015_Part2.pdf
Treaty Amending Agreement No. 3 – Effective May 25, 2015.pdf
There are number of agreements entered into by the relevant parties to the Nisg̱a’a Treaty which are contemplated by the Nisg̱a’a Treaty but are not part of the Treaty itself.
These agreements include:
- Harvest Agreement (2000);
- Taxation Agreement (2000);
- Own Source Revenue Agreement (2000);
- Fiscal Financing Agreement (2000)
Nisg̱a’a Nation OSR Agreement.pdf
