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 land title memorandum between Wet’suwet’en, B.C. and Canada

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

Black Press 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 The elected chiefs called for the joint statement to be withdrawn.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:

Memorandum of Understanding

Between

Canada, British Columbia and Wet’suwet’en

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 transferredonce 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

Just Posted

The property on which a residential school (pictured) that was torn down years ago in Lower Post is to be the location of a cultural centre. (Indian Residential School History and Dialogue Centre photo)
Lower Post residential school building to be demolished, replaced with cultural centre

Project to be funded by federal and provincial governments, Daylu Dena Council

The Cancer Care Unit at Prince Rupert Regional Hospital, April 14, will benefit from a $100,000 donation from Prince Rupert Port Authority towards renovations. (Photo: K-J Millar/The Northern View)
Prince Rupert Port Authority donates $100,000 to hospital renovations

Cancer Care Unit at PRRH to undergo upgradesat PRRH to undergo upgrades

Teresa Van sorts bottles at the April 10 Rainmakers Interact Club bottle drive to earn funds for six Seabin garbage collection units for harbours and waterfronts in the local region. (Photo: K-J Millar/The Northern View)
Bottle drive successful with more collected than can be sorted in one day

Rainmakers Interact Club supports local community with funds toward ocean garbage collection units

Flights are to resume to Prince Rupert and Sandspit airports under an Air Canada and federal government $5.9 billion agreement that was reached on April 12. A plane is seen through the window on the tarmac of Vancouver International Airport as the waiting room is empty Tuesday, June 9, 2020. (THE CANADIAN PRESS/Jonathan Hayward)
$5.879 billion agreement between Air Canada and Fed’s will assist YPR in re-opening

Prince Rupert Regional Airport to reopen flights by June 1st, if not earlier

BC Housing townhouses on Kootenay Ave. were demolished during March to make way for new affordable residential units by Prince Rupert Indigenous Housing Society. (Photo: K-J Millar/The Northern View)
Despite a recent reduction in units project will still be able to house many

Prince Rupert Indigenous Housing Society says 60 units is still the plan

A woman wears a protective face covering to help prevent the spread of COVID-19 as she walks past the emergency entrance of Vancouver General Hospital in Vancouver, B.C., Friday, April 9, 2021. COVID-19 cases have been on a steady increase in the province of British Columbia over the past week. THE CANADIAN PRESS/Jonathan Hayward
Top doctor warns B.C.’s daily cases could reach 3,000 as COVID hospitalizations surge

There are more than 400 people in hospital, with 125 of them in ICU

The father of Aaliyah Rosa planted a tree and laid a plaque in her memory in 2018. (Langley Advance Times files)
Final witness will extend Langley child murder trial into May or June

Lengthy trial began last autumn with COVID and other factors forcing it to take longer than expected

The corner of 96th Avenue and Glover Road in Fort Langley now has traffic signals, and new “touchless” signal activation buttons. (Matthew Claxton/Langley Advance Times)
Busy Fort Langley intersection gets ‘touchless’ crosswalk signals

The new traffic light started operation in April

A crossing guard stops traffic as students wearing face masks to curb the spread of COVID-19 arrive at Ecole Woodward Hill Elementary School, in Surrey, B.C., on Tuesday, February 23, 2021. A number of schools in the Fraser Health region, including Woodward Hill, have reported cases of the B.1.7.7 COVID-19 variant first detected in the U.K. THE CANADIAN PRESS/Darryl Dyck
COVID-infected students in Lower Mainland schools transmitting to 1 to 2 others: data

Eight to 13 per cent of COVID cases among students in the Lower Mainland were acquired in schools, B.C. says

Norm Scott, president of Royal Canadian Legion Branch # 91, is disappointed the Legion does not qualify for COVID financial assistance from the provincial government. (Black Press Media file photo)
B.C.’s pandemic aid package passing Legion branches by

Federal non-profit status stymies provincial assistance eligibility

Latest modelling by public health shows cases generated by COVID-19 infections into places where it can spread quickly. (B.C. Centre for Disease Control)
Industrial sites, pubs, restaurants driving COVID-19 spread in B.C.

Infection risk higher in offices, retail, warehouses, farms

Vancouver Canucks forward J.T. Miller said it would be “very challenging and not very safe” for him and his teammates to play as scheduled on Friday. THE CANADIAN PRESS/Darryl Dyck
Canucks’ return to ice postponed again after players voice COVID health concerns

Friday’s game against the Edmonton Oilers was called off after the team met virtually with the NHLPA

B.C. Attorney General David Eby, Minister Responsible for Housing. THE CANADIAN PRESS/Chad Hipolito
B.C. announces $2B for affordable, middle-income family home projects

HousingHub financing to encourage more developers, groups – with low-interest loans – to build affordable homes

Most Read