B.C. Indigenous Relations Minister Scott Fraser and Crown-Indigenous Relations Minister Carolyn Bennett speak briefly to the press following Thursday’s discussions with the Wet’suwet’en hereditary chiefs. (Quinn Bender photo)

B.C. Indigenous Relations Minister Scott Fraser and Crown-Indigenous Relations Minister Carolyn Bennett speak briefly to the press following Thursday’s discussions with the Wet’suwet’en hereditary chiefs. (Quinn Bender photo)

EXCLUSIVE: A first look at the Wet’suwet’en land title agreement with B.C., Ottawa

Exclusive and/or shared jurisdiction will be handed over to First Nation houses over time

Black Press Media has obtained a copy of the Memorandum of Understanding (MOU) between Canada, B.C. and the Wet’suwet’en regarding Indigenous rights and title.

The agreement was reached Feb. 29 following several days of discussions in Smithers.

The MOU commits the parties to negotiations through an agreed-upon unnamed mediator. It asserts exclusive, in some cases and in other cases shared jurisdiction over lands will be transferred to the Wet’suwet’en over time.

Canada and B.C. will pay for the process.

Last week, in a joint statement, the three parties committed to signing the MOU on May 14, which prompted opposition from the elected councils of the five Wet’suwet’en reserves and four hereditary chiefs from the Skin Tyee First Nation (Francois Lake). The elected chiefs called for the joint statement to be withdrawn.

“This MOU consultation process has lacked any semblance of credibility,” a statement from the elected chiefs states.

“The federal government, the provincial government and the hereditary chiefs have completely ignored many clan members and elected chiefs. These discussions have not included openness and respect for all parties.”

READ MORE: Wet’suwet’en elected chiefs call for withdrawal of ‘premature’ agreement on rights and title

The nine other hereditary chiefs responded with an invitation for further discussions.

“We would like to continue building on the good work that took place in February 2020 with the community-based dialogue sessions that occurred before the COVID-19 pandemic and public health crisis,” the letter states, referencing clan meetings across the territory, sessions in Prince George and Vancouver and more recent virtual meetings.

In an emailed statement to The Interior News, Minister of Indigenous Relations and Reconciliation Scott Fraser said he could not speak to the issue, but would be following up.

“Wet’suwet’en Hereditary Chiefs committed to bringing the proposal to all Wet’suwet’en clan members for discussion and endorsement, including elected leaders,” he said. “They would be best placed to speak to the Wet’suwet’en ratification process. I am aware of concerns raised by the elected Wet’suwet’en Chiefs and I will be reaching out to them to discuss this further.”

Below is the complete text of the MOU:

Immediate

a) Canada and BC recognize that Wet’suwet’en rights and title are held by Wet’suwet’en houses under their system of governance.

b) Canada and BC recognize Wet’suwet’en aboriginal rights and throughout the Yintah

C) Canada and BC recognize Wet’suwet’en commit to the negotiations described below (commencing immediately)

d) BC commits to engage in those negotiations consistent with the Declaration on the Rights of Indigenous Peoples Act

e) Canada and BC will provide the necessary resources to Wet’suwet’en for these negotiations

f) The parties agree these negotiations are to be intensively mediated by an agreed upon mediator.

Agreement to be Negotiated Over the Next three months

a) Legal recognition that the Wet’suwet’en Houses are the indigenous governing body holding the Wet’suwet’en aboriginal rights and title in accordance with our Innc Nuaden

b) Legal recognition of Wet’suwet’en title as a legal interest in land by Canada and BC

i) There will be no impact on existing rights and interests pertaining to land until jurisdiction is transferred to the Wet’suwet’en

ii) Jurisdiction that flows from Wet’suwet’en aboriginal rights and title will be transferred to Wet’suwet’en over time based on an agreed upon timetable (with the objective for transition within of some areas within 6 months and a schedule for the remaining areas of jurisdiction thereafter)

iii) In some cases the jurisdiction that is transferred to the Wet’suwet’en will be exclusive and in some cases it will be shared with Canada or BC

c) the area of jurisdiction that will need to be addressed include the following (without limitation)

i) Child and family wellness (5month timeline)

ii) Water (6month timeline)

iii) Wet’suwet’en Nation Reunification Strategy (6month timeline)

iv) Fish

v) Land use Planning

vi) Lands and Resources

vii) Revenue Sharing, Fair and Just Compensation and Economic Component of Aboriginal Title

viii) Informed decision making

ix) Such other areas as the Wet’suwet’en propose

d) Title will be implemented and jurisdiction (exclusive or shared) will be transferred once specifics on how aboriginal and crown titles interface have been addressed – this includes the following

I. transparency, accountability, and administrative fairness mechanisms including clear process and remedies to address grievances of any person, pertaining to all areas of shared and exclusive jurisdiction

II. clarity on the Wet’suwet’en governance structures, systems, and laws that will be ratified by the Wet’suwet’en and will be used to implement their title to the extended required to understand the interface between the Crown and the Wet’suwet’en jurisdiction.

e) This agreement is to ratified by Canada, BC and the Wet’suwet’en under their respective systems of governance.



editor@interior-news.com

Like us on Facebook and follow us on IndigenousPipeline

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Rossland council encourages everyone to support locals only recommendations. Photo: Jim Bailey.
Rossland council promotes ‘Locals Only’ inititative

Rossland mayor encourages people to restrict travel and enjoy what your home has to offer

Caroline Lafond is a Recreation Fish and Wildlife student at Selkirk College. Photo: Submitted
Ecological Comment: Help keep the goats of Gimli wild

A column written by Recreation Fish and Wildlife students at Selkirk College

Kootenay Columbia Teachers’ Union president Andy Davidoff. Photo: Jennifer Small
An open letter to Premier Horgan and Minister Whiteside: Let’s stop harming our children during a pandemic

A letter from Andrew Davidoff, President Kootenay Columbia Teachers’ Union

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

Interior Health reported 79 new cases of COVID-19 and two new death in the region Friday, Jan. 22, 2021. (Ben Hohenstatt/Juneau Empire)
79 new COVID-19 cases, two deaths reported in Interior Health

Both of Friday’s deaths were both recorded at long-term care homes

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

An Uber driver’s vehicle is seen after the company launched service, in Vancouver, Friday, Jan. 24, 2020. Several taxi companies have lost a court bid to run Uber and Lyft off the road in British Columbia. THE CANADIAN PRESS/Darryl Dyck
Taxi companies lose court bid to quash Uber, Lyft approvals in British Columbia

Uber said in a statement that the ruling of the justice is clear and speaks for itself

A 75-year-old aircraft has been languishing in a parking lot on the campus of the University of the Fraser Valley, but will soon be moved to the B.C. Aviation Museum. (Paul Henderson/ Chilliwack Progress)
Vintage military aircraft moving from Chilliwack to new home at B.C. Aviation Museum

The challenging move to Vancouver Island will be documented by Discovery Channel film crews

A video posted to social media by Chilliwack resident Rob Iezzi shows a teenager getting kicked in the face after being approached by three suspects on Friday, Jan. 22, 2021. (YouTube/Rob i)
VIDEO: Security cameras capture ‘just one more assault’ near B.C. high school

Third high-school related assault captured by Chilliwack resident’s cameras since beginning of 2021

FILE - In this Feb. 14, 2017, file photo, Oklahoma State Rep. Justin Humphrey prepares to speak at the State Capitol in Oklahoma City. A mythical, ape-like creature that has captured the imagination of adventurers for decades has now become the target of Rep. Justin Humphrey. Humphrey, a Republican House member has introduced a bill that would create a Bigfoot hunting season, He says issuing a state hunting license and tag could help boost tourism. (Steve Gooch/The Oklahoman via AP, File)
Oklahoma lawmaker proposes ‘Bigfoot’ hunting season

A Republican House member has introduced a bill that would create a Bigfoot hunting season

Most Read