A Teacher s Guide to the proposed Referendum

Transcription

1 A Teacher s Guide to the proposed Referendum on the Treaty Negotiation Process in B.C. Copyright First Nations Education Steering Committee and the BC First Nations Education Partners Prepared by the BC Aboriginal Education Partners February, 2002

2 Introduction The creation of this information handbook was sponsored by the Anti-Racism Sub-Committee of the BC Education Partners Group. The Education Partners include: First Nations Education Steering Committee; First Nations Schools Association; Department of Indian Affairs and Northern Development; BC Ministry of Education; BC Teachers Federation; BC School Superintendents Association; BC School Trustees Association; BC Principals and Vice Principals Association; and BC College of Teachers. Why Should You Be Informed About the Provincial Referendum on the Treaty Negotiation Process in B.C.? During the last provincial government election, one of the primary election promises of Gordon Campbell and the Liberal Party of British Columbia was a referendum on the treatynegotiation process. The Education Partners are committed to improving school success for First Nations learners in BC. The Anti-Racism Subcommittee believes that establishing an inclusive and respectful school environment will allow better learning for all students. In that spirit, the Anti-Racism Sub-Committee is committed to working with teachers, parents, and other community members in reducing conflict and misunderstandings that may result from controversial issues. The proposed provincial referendum on the treaty negotiation process in British Columbia is one such issue. The sponsors hope that this handbook, which provides basic information about the BC Treaty Process and the proposed referendum, will assist teachers in facilitating informed discussions, and will contribute to a better awareness of one of the most important issues facing British Columbians today. page 1 Since it was first proposed by the Liberal Party, that referendum has been an extremely contentious issue. The debate between those who do and do not support such a referendum has been fervent, with people on both sides of the issue often very passionate about their views. Within this context, many people have expressed significant concern about possible ramifications in BC classrooms. Many teachers and parents have reported that the BC Treaty Process has been a difficult and complex issue, sometimes causing friction and disagreement amongst students. Too often, First Nations students receive the impact of such issues. First Nations students, sometimes even young children, are often expected to defend and explain extremely complex and challenging topics. First Nations students are also somepage 2

3 times ridiculed and teased as a result of differing opinions about controversial matters. This handbook reflects a belief that teachers have a crucial role to play in alleviating misunderstandings and proactively addressing problematic issues. The sponsors of the handbook hope that providing teachers with some basic information about the Referendum on Treaties will enable them to facilitate reasonable discussions about treaty issues, and ensure that no students are made uncomfortable or hurt because of polarized debate and misunderstandings. Many other publications are available to provide more detailed background about treaties and First Nations rights. For example, Understanding the BC Treaty Process was published in 1999 in an effort to provide teachers with some basic facts about treaty negotiations. We encourage you to make use of that document, and any other resources you find appropriate, to help us in addressing this important situation. Background Information for Informed Discussions What is the BC Treaty Process? Fundamentally, treaties between First Nations, Canada and British Columbia are a means to address issues related to the rights of First Nations. Treaties can establish a foundation for building a new relationship between First Nations and non-first Nations governments and people. They are also a way in which to provide greater certainty about the rights of First Nations and non-first Nations people, and they can increase understandings of how people and governments can work together for the future development of all communities. In other parts of Canada, treaties between First Nations and the Crown were established throughout the 1700 and 1800 s. However, treaty making was not consistently pursued in the West, and in most of British Columbia no treaties were established. The BC Treaty Process was established in 1990 in order to redress that situation. In designing that process, First Nations, Canada, and British Columbia made a commitment to establish a new relationship based on mutual trust, respect, and understanding through political negotiations (see the Recommendations of the BC Claims Task Force, 1991). page 3 page 4

4 The Position of the Liberal Party Alternate Views As described above, one of the key promises in the last election campaigns was the Liberal Party s commitment to a referendum on the treaty-negotiation process. At that time, the Liberals maintained that such a referendum was necessary to confirm the principles that will guide the province s approach to treaty negotiations. Since its election victory, the Liberal government has made a commitment to pursue its referendum plans, and it announced that the Select Standing Committee on Aboriginal Affairs would conduct a series of public consultation meetings to consider the topic of potential referendum questions. That committee made recommendations on the wording of the referendum questions and process of the referendum. The Liberals have also promoted several other reasons for a referendum. First, they have asserted that polls show a majority of British Columbians in support of a referendum on the treaty process. The Liberal government has also argued that a referendum is a means to increasing the level of public trust in the treaty process. Finally, they have maintained that a referendum represents a way to unite British Columbians. Other people who support the referendum on treaties also argue that the public has a right to have input into such an important issue that will affect all British Columbians. Some people have also suggested that a referendum will provide a useful mechanism for better informing the public about the treaty negotiation process and helping to alleviate suspicion. page 5 Many other people, however, have expressed views in opposition to those put forth by the Liberal government. The vast majority of First Nations organizations have rejected the idea of a referendum on treaty negotiations. The NDP Party and the federal government have expressed their opposition to such a process. The BC Treaty Commission, which was established as an independent organization to oversee the treaty process, has also argued that a public referendum is an unsuitable mechanism for addressing treaty-related issues. Concerns raised by those who argue that a referendum on treaties is not necessary include those listed below. A referendum on treaty negotiations would reflect a substantial change in the process that was first established without the agreement of two of the three parties First Nations and the federal government. All three parties made a commitment to enter into the BC Treaty Process with a clear understanding of the steps inpage 6 Treaty negotiations have been said to be among the least appropriate issues for a public referendum. The issues being resolved through treaties are incredibly complex and deeply rooted. Negotiations require a sensitive and complicated series of discussions and compromises. A public referendum cannot capture the intricate nature of treaty negotiations because too few people will have a comprehensive understanding of the issues being discussed, and simple yes or no questions cannot provide meaningful input into the negotiations process.

5 volved. At the outset of negotiations, all parties understood and agreed that the provincial and federal governments would ratify any agreements through cabinet. A referendum was not included in the original commitment, and it is unfair to unilaterally add that component this late in the process. Many people maintain that a referendum on the principles that ought to guide treaty negotiations is a violation of First Nations rights. The Canadian Constitution specifically protects First Nations rights. Treaties are a means to give effect to those rights. A referendum cannot effect the existence of First Nations rights, and the implementation of those rights will still need to be defined, regardless of the outcome of the referendum. A referendum on treaties is almost certain to be divisive and will not foster better relations. It is true that many people, both First Nations and non-first Nations, have expressed frustration with the rate at which the treatynegotiation process is progressing. However, the uncertainty that exists in the absence of a treaty is more problematic, both in terms of positive relationships and economic development for the entire province. A referendum may only add to feelings of resentment and distrust, and the most likely alternatives to negotiations are litigation and confrontation both of which are extremely costly and divisive. page 7 How Will The Referendum Proceed From Here? In BC, government-initiated referenda are regulated by the Referendum Act, According to that Act, Cabinet is responsible for designing a question, selecting a date, and determining who is eligible to vote (using the same basis as those eligible to vote in an election). Following the referendum, the government is required to publish the results of the vote. To formulate the referendum question, the provincial government established a Select Standing Committee on Aboriginal Affairs. That Committee led regional consultations and made its report in November, 2001, with recommendations for referendum ballot questions. Those recommendations are now being considered by the provincial government and may undergo some revisions. How is the Nisga a Treaty Related to the Referendum? Many people have construed the referendum on treaty negotiations to be a referendum on the Nisga a agreement. However, the Nisga a agreement was negotiated through the federal land claims negotiation process. The final Nisga a agreement will have the legal status of a treaty and be protected under Section 35 of the Canadian Constitution, but the Nisga a agreement is not directly related to the BC Treaty Process. It has been clearly indicated that the terms of the Nisga a agreement will not serve as a model for other treaties currently being negotiated, although it does give a sense of the key components of a treaty. page 8

6 What Can Teachers Do To Help Reduce Conflict? The sponsors of this handbook hope that teachers in British Columbia will be proactive in educating others about the BC Treaty Process and the proposed Referendum on Treaty Negotiations. Too often, media portrayals of First Nations issues are oversimplified, and do not contribute to a balanced and complete understanding of challenging issues. Teachers can facilitate informed discussions about the complexities of the proposed referendum, helping students to understand the historical and socio-economic context of treaty negotiations. In that way, teachers can play a key role in minimizing conflict, eliminating racism, and ensuring that students interact with one another with mutual respect and appreciation for a variety of views and perspectives. For more information About the Referendum and Treaty-Making... View the recommendations of the Select Standing Committee on Aboriginal Affairs,which include the proposed referendum questions, at reports/report2001.htm Understanding the B.C. Treaty Process: An Opportunity for Dialogue, 2nd Edition is a booklet that provides a valuable overview of the treaty making process and related issues. This 36-page document was published in 1998 by the First Nations Education Steering Committee (FNESC), BC Teachers Federation, and the Tripartite Public Education Committee, and can be ordered from FNESC at (604) or from the publications catalogue at The BC Treaty Commission at is an independent, neutral body responsible for facilitating treaty negotiations in B.C. The Resource Directory of their website has links to to many First Nations organizations, government websites, and treaty-related organizations. They also have available a video and handbook entitled A Layperson s Guide to Treaty Making. The First Nations Summit is comprised of representatives of the majority of First Nations and Tribal Councils in BC, and provides a forum for First Nations to address issues related to treaty negotiations, as well as other issues of common concern. Its website has information about the treaty process and commentary on the referendum. Visit their site at Glossary of Treaty-Related Terms pubs/glossary.htm page 9 page 10

7 Other Resources Related to First Nations... SchoolNet s First Nations Website aboriginal/menu-e.html contains educational resources for teachers and students, including curriculum resources, projects, a list of nations and youth organizations. Kid s Stop & The Learning Circle: on the Canadian Department of Indian Affairs website contains useful information and activities, relating to topics such as Aboriginal place names, traditional herbal remedies and more. Through this site, teachers can download copies of The Learning Circle, which Indian Affairs created to meet need for simple classroom activities that educators can easily fit in their curriculum. Visit it at _e.html Want to visit links to the websites of BC First Nations homepages, business and arts sites? Try B.C. First Nations at You can visit the online newspapers published by B.C. First Nations, including Kahtou at and RavensEye at For a national perspective, try the newspaper Windspeaker at (they also have a classroom edition). Bill s Aboriginal Links at aborcan.htm is an enourmous collection of websites on topics ranging from education and treaty-making to media and arts. First Nations Anti-Racism and Learning Resources... First Nations Education Steering Committee is a non-profit society that facilitates discussion and activities related to BC First Nations education issues. The FNESC website provides information about publications, programs and workshops. FNESC can provide more information about the work of the BC Aboriginal Education Partners and the Anti-Racism Working Group or phone (604) BC Teachers Federation offers workshops province-wide on topics related to Aboriginal Education. The contact for these workshops is Louise Spencer or Merle Williams Workshop include Aboriginal History and Culture Beyond Words (Creating Racism-Free Schools for Aboriginal Learners) First Nations Journeys of Justice: A Curriculum from Kindergarten to Grade 7 Inclusive Schools and Teaching Practices Working with Aboriginal Youth An Historical View of Aboriginal Involvement in Euro- Canadian Schools The Circle of Strength (Strategies for Working with Youth at Risk) BC Teachers Federation also has a network of social justice contacts throughout the province, as well as a department a dedicated to First Nations and Metis education, which is located at page 11 page 12

8 The following anti-racism handbooks are available from the available from the Government of British Columbia through the website - Schools Responding to Racism: Guide for Administrators - Schools Responding to Racism: Guide for Elementary Teachers - Schools Responding to Racism: Guide for Parents - Schools Responding to Racism: Guide for Secondary Teachers - Schools Responding to Racism: Guide for Students The Coalition for the Advancement of Aboriginal Studies (CAAS) is dedicated to improving what all students learn about Aboriginal peoples throughout their elementary and secondary education. To accomplish this, CAAS helps teachers and others in the education community handle accurate Aboriginal-perspective curriculum and resources in an appropriate and confident manner. Visit their website at page 13