VANCOUVER -- British Columbia's beleaguered treaty process needs to change, federal Indian Affairs Minister Jim Prentice said yesterday in discussions with B.C. native leaders about improving a system that has yet to produce a single ratified treaty in 15 years.
"I remain an optimist, but I am not satisfied with the current rate of progress," Mr. Prentice told reporters, after outlining details of the government's proposed independent tribunal to resolve individual native land claims across the country.
"We have to have more settlements ... The whole system does require some scrutiny and some review."
In particular, Mr. Prentice singled out the B.C. Treaty Commission for attention, saying that at the very least the long-standing independent body needs some "fine-tuning."
The commission was established in 1992 to facilitate treaty negotiations among the governments of British Columbia and Canada and native bands.
But critics say the government-funded commission, which has an annual operating budget of more than $2.2-million, does not have the legal clout to intervene meaningfully in stymied treaty talks.
"The commission is in a unique position to move things forward, and some would argue they haven't done that," Mr. Prentice acknowledged, adding that commissioners may need more teeth to move treaty matters along at a faster pace.
The future of the treaty commission will be on the agenda during his summer of native consultation in the province, the minister said.
"It's not fair to describe the commission as a failure ... but we need to have a frank discussion at the table about it. What role should they play? I look forward to hearing the perspective [of the native community]."
Grand Chief Ed John of the First Nations Summit Task Group agreed that the treaty commission has little clout, blaming the situation on the legislation that set it up.
"It's become, in effect, a toothless tiger ... unable to resolve claims. The commission's mandate is to facilitate treaty negotiations but it hasn't been able to hold governments accountable," Chief John said.
But the failure to date of the treaty process is not the fault of the commission, he said, but of the take-it-or-leave-it policies of government negotiators.
"They say, 'Here's our policy. If you don't like it, you don't have to accept it. There's the door.' "
The first final treaty initialled under the current process was rejected by individual band members of the Lheidli T'enneh First Nations earlier this year.
Votes are pending on two other proposed final treaties, covering the Tsawwassen and Maa-nulth First Nations.
Mr. Prentice sketched details of the proposed independent tribunal for specific claims in a speech to the Business Council of B.C., with native leaders in attendance.
The tribunal, comprised of six sitting judges, will be empowered to make binding decisions on native claims arising out of the alleged breaking of existing treaties and government promises.
The government will set aside $2.5-billion over the next 10 years to settle hundreds of outstanding claims, with annual limits of $250-million.
Large claims over $150-million will be dealt with separately, Mr. Prentice said, pointing out that governments have been promising for 60 years to resolve native land claims more effectively.
Once Mr. Prentice has consulted with native leaders across the country, he hopes to introduce legislation to establish the tribunal in the fall.