British Columbia Treaty Process

The British Columbia Treaty Process (BCTP) is a land claims negotiation process started in 1993 to resolve outstanding issues - including claims to un-extinguished Aboriginal rights - with British Columbia's First Nations.

Two treaties have been implemented under the BCTP. The Nisga'a Treaty is considered separate from the Treaty Process because those negotiations began before the BC treaty process was started, and it has been called a blueprint for the current process. To represent the interests of First Nations involved with the process, the First Nations Summit was created. There are officially 60% of First Nations bands in the process, but only 20% are said to be making progress. About 40% of First Nations are not involved in the treaty process.

Because the Royal Proclamation of 1763 stated that the Crown must negotiate and sign treaties with the indigenous people before land could be ceded to a colony, the Numbered Treaties were negotiated in most parts of the Prairie Provinces. The Government of the Colony of British Columbia, however, failed to negotiate many treaties and as a result, most of the province's land is not covered by treaties. The few exceptions are the 14 Douglas Treaties on Vancouver Island, Treaty 8 (1899) in the Northeast of B.C., and the 2000 Nisga'a Final Agreement.

Relations between Indigenous peoples and the B.C. government worsened over time, as the McKenna-McBride Commission led to the redistribution of reserve lands and the Allied Tribes of British Columbia was essentially dissolved by an amendment to the Indian Act. First Nations were not allowed to organize or raise money to pursue land claims. In the second half of the 20th century, demands for the recognition of Aboriginal title were buoyed by various court decisions in B.C., including Calder v. British Columbia (Attorney General) and R. v. Sparrow.

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