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British Columbia Treaty Process
Awareness Test

Question 1 How many stages are there in the British Columbia Treaty Process?   Answer
Question 2 How many First Nations (as accepted by the British Columbia Treaty Commission) are active in the British Columbia Treaty Process?   Answer
Question 3 How many treaties currently exist in British Columbia?   Answer
Question 4 True or False? The Nisga'a treaty table was the first established under the British Columbia Treaty Process.    Answer
Question 5 Name the two First Nation litigants in the Delgamuukw case.   Answer
Question 6 True or False? The First Nation litigants in the Delgamuukw "won" in the Supreme Court decision on their appeal handed down in December 1997?   Answer
Question 7 In what year did blanket extinguishment of Aboriginal title occur in British Columbia?   Answer
Question 8 What is the significance to First Nations of OIC (Order in Council) 1036?   Answer
Question 9 With what does section 91 (24) of the Constitution Act deal?   Answer
Question 10 Section 35 of the Canadian Constitution recognizes and affirms what?   Answer



Answers
Question 1 Six. 1) Statement of Intent, 2) Readiness, 3) Negotiation of a Framework Agreement, 4) Negotiation of an Agreement in Principle, 5) Negotiation to Finalize a Treaty, 6) Implementation of a Treaty.

To get a detailed explanation of the B.C. Treaty Process, take a look at the booklet "Understanding the B.C. Treaty Process."
Question 2 Fifty-one. For a list of all the First Nations involved, see the Web site.
Question 3 Fifteen. Governor James Douglas entered into fourteen treaties with First Nations in the lower Vancouver Island in the 1850s. The fifteenth is Treaty 8 in northeast B.C., which covers First Nations whose territories stretch across the provincial border from Alberta.No B.C. government was prepared to make treaties again until the 1990s. The Nisga'a Treaty, once ratified, will be the sixteenth and is the first negotiated in modern times.
Question 4 False. The Nisga'a negotiations began twenty years ago, after a court judgment established that Aboriginal rights still existed. The B.C. Treaty Process was established more recently.

The entire Nisga'a treaty, along with support documents can be found at: http://www.aaf.gov.bc.ca/aaf/treaty/nisgaa/nisgaa.htm
Question 5 Gitxsan and Wet'suwet'en
Question 6 False, although it depends on what is meant by won. The Supreme Court overturned the lower court decisions that ruled against the land claims. However, it did so on technical grounds, and ordered a new trial. The decision did, though, define more clearly the rights of First Nations in land claims, and in that sense was a win for all First Nations, not just those involved in the court case.
Question 7 A trick question. Title was never extinguished. For nearly 150 years, British Columbia governments claimed that Aboriginal title had been extinguished when British sovereignty was declared in 1846. However, the Delgamuukw decision makes it clear that those claims were never extinguished.
Question 8 An Order passed by the Lieutenant Governor in Council which allows the Provincial government to confiscate ("resume") up to 5% of Reserve land without compensation. This provision has been used frequently to run roads, power lines and the like across Reserves, with no say by the First Nations on whose Reserve the service is running.
Question 9 It gives exclusive authority to the Canadian Federal Government for "Indians, and Lands reserved for the Indians."
Question 10 Section 35 affirms inherent Aboriginal rights. Supreme Court decisions, such as Delgamuukw, have further defined the precise nature of these rights.

CONSTITUTION ACT, 1982--PART II:
Rights of the Aboriginal Peoples of Canada

Recognition of existing aboriginal and treaty rights
35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

Definition of "aboriginal peoples of Canada"
(2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Metis peoples of Canada.

Land claims agreements
(3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired.

(This awareness test was developed by Brian Domney, Negotiator in the Treaty Negotiations Division of the Ministry of Aboriginal Affairs.)

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