Sliammon Treaty Society
The Treaty Process
FAQ
Questions about the Treaty Process
General:
What is treaty and how long will it take to process through:
Treaty is a process of defining rights. Right now we have rights, rights to hunt, gather, fish, govern, and Sliammon people have ideas about what those rights are and the other governments also have ideas about what those rights are. Mostly, other governments try to say Sliammon has less rights, and Sliammon says that we have more rights. Treaty is a process where we sit with other governments and further define the rights into something that will exist in Treaty is about a new relationship between governments to define rights that we will have, and they will respect and abide by. It is going to take as long as it takes to get an agreement that we Sliammon people can live with.
How does Treaty Work:
Treaty is a negotiation process where Sliammon is working to have our rights protected in a constitutionally protected and legally binding document. Right now we have undefined aboriginal rights and it is in Sliammon, BC and Canada's interest to define those rights. The three governments and fight rights.
Will there still be a treaty office after treaty:
No, once Treaty is settled the Treaty office will close. Certain elements like the mapping department will come a part of the lands and resources department.
What step are we at in the treaty process:
Sliammon is at stage 5 of a 6 stage treaty process.
Will there be a building to house all employees of Sliammom ie: Band office/ Heath/ Dev Corp etc.
There is currently no firm plan, however we will need administration- potentially through implementation dollars there will be a new band administration office. Contact Health Services for information on the new health building.
Do people in the Band Office work for government?
The employees at the Band Office receive funding from the Federal government to run the Band office and Sliammon. In theory the employees do work for the government but on behalf of the Sliammon First Nation. Employees of the band office work on our behalf but are limited in their abilities because Indian Affairs does not provide enough for Sliammon membership. So the employees try to meet Sliammon’s needs with limited resources.
Would Treaty better our health care:
It won't make it worse. Sliammon people will still be eligible for the same health services as all other aboriginal Canadians. These services can get better is SFN can raise it's own money to top up existing programs.
Who did the treaty information package? Could you explain what Sliammon has without treaty, and what Sliammon would have after treaty:
The treaty information packages were done by the Sliammon Treaty Society. Without treaty Sliammon will have what we always had, the Indian Act. We will not own any of our land; we will have no say in our own affairs and will be stuck under the Indian Act. We will not be able to govern ourselves. What Sliammon have now are vague aboriginal rights, under treaty they will be defined. Sliammon with Treaty we will own land, we will be able to make decisions regarding Sliammon Affairs and have the ability to grow and govern ourselves. We will have access to lands and resources- for cultural and economic purposes.
Lands:
Will we still have reserves after treaty:
No, Reserve Lands will become treaty settlement lands. Sliammon Lands.
How much land do we own?
Currently we don’t own any land, we have 1907 hectares of reserve land which we don’t own it is held in trust for us by Indian and Northern Affairs Canada. The issue of land ownership is actually a modern day concept, traditionally Sliammon shared its land with other nations, and acted as caretakers of those lands to ensure there use and benefit for future generations.
Can I and/or Sliammon build on the lands we receive:
That will be up to the community. Clint Williams is currently working on a Land Use plan for Treaty Settlement Lands which will identify zones of use, housing is a part of the community use zone. Contact the Treaty Society to have your input on the Land Use Planning process.
How much of an area are we going to be logging after treaty:
That will be up to membership. Logging potential within the TSL are currently being studied through a Forestry Treaty Related Measure, but ultimately it will be up to membership to balance cultural, economic and environmental values of future Sliammon Lands.
Will we get the area around Grace Harbour in a Treaty?
Grace Harbour Kah Kee Kay is one of Sliammon’s reserves and after treaty would become treaty settlement lands meaning Sliammon would own it and have law making authority over the lands. The area around Grace Harbour is currently designated as park land. Sliammon has right of first refusal over those parklands which means that if that land is ever to lose its parks designation Sliammon would have the first chance to buy those lands over anyone else.
What are Sliammon's Interest in Texada Island in Treaty:
Mostly hunting and gathering activities. Texada is covered in mineral tenures so land selection on the island has been difficult. There is the potential for revenue sharing with the mining activities happening on the island.
Why can't Sliammon own a part of Savary or somewhat:
Sliammon can own a part of Savary, the land selection of the current AIP is not done yet. There is very little crown land left on Savary, which means that Sliammon would have only a patch in the middle of other property owners. Sliammon can also purchase parts of Savary if there are willing sellers.
We use to own all of the land, why are we talking about a small percentage of it:
The land that is on the treaty table up for discussion is crown land only. The land that is on the discussion table now is areas where there is a significant tie to the Sliammon People. Right now Sliammon is not in the financial position to buy back private properties. This is another mandate issue with the federal and provincial negotiators where they are limited on the amount of land they can negotiate. The amount of land is only at AIP level if by final agreement it is not enough land to provide Sliammon with a viable future there simply wont be a treaty.
What happens to the land if we don't have a treaty:
The lands that Sliammon have selected so far through treaty negotiations will end up in the province's hands and Sliammon will have to go to court to access them. If we do not have a treaty we will not own any of the land period. We will have no say on what happens on or to the land.
Is the Land selection final:
There is a chunk of land yet to be selected under this AIP, contact the treaty office to have your input on where these lands should be, The land selection is limited by Provincial and Federal Mandates. Under the AIP the Sliammon Land selection is 8,000 hectares, by final agreement this number should increase, Sliammon is fighting for as much land as possible. Under the final treaty Sliammon will be able to purchase more land, in the 2001 AIP this was not possible.
Why is the Mill not included in Treaty Settlement lands:
Sliammon was living at the mouth of Powell River when contact happened. The reserve commissioner did no document it as a reserve. Right now this issue is going through the specific claims process. Sliammon will not get the land back because it is privately owned, what we are fighting for now is compensation. Besides that, it is an environmental catastrophe.
What's an Order in Council:
An order in Council is like a hight level BCR it is the provincial cabinet's way to give direction to its ministries and departments. In Sliammon's case the Order in Council is a land protection document. The Provincial Government protects Treaty Settlement Lands while we are in negotiations. This is to prevent things like the logging of our treaty settlement lands.
Why did everyone end up in Sliammon:
Everyone ended up in Sliammon because the government designated this specific area as reserve land.
How much land did the Nisga'a get:
The Nisga'a got 2000 square km. They have a population of 6,000 people and the value of their land because of their location is not less than ours.
Taxation:
Will we have to pay taxes after treaty:
After treaty we will have to pay taxes. All the money taken from taxes goes right back to the Sliammon people in ways such as programs and help to cover cost for the community. The way the tax system works is the more money you make the more taxes you pay. The less money you make the less taxes you pay and those on social assistance do no pay taxes. A tax phase in period still needs to be negotiated as well as how Sliammon will structure taxation. For example with property tax if you want to own your home you will likely pay property tax in exchange for the benefits of fee-simple ownership.
Will we still have status? For example can we use our tax exempt for shopping on leased land:
The way the governments are approaching the treaty is that you still will be identified as an Indian as defined under the Indian act, but the treaty will also ensure the tax exemption will no longer apply to Sliammon treaty members. Before this can be accepted Sliammon must determine what benefit it is getting in return for giving up the tax exemption status and how those benefits will be realized by each individual member who will no longer have access to the personal tax exemption status.
What are the realities of taxation:
Sliammon will become a taxation authority, which will provide the opportunity to generate tax revenues to help with the costs of Sliammon Government;
- The current approach to treaty negotiations is that the Indian Act tax exemptions will no longer apply to Sliammon people.
- Our negotiation position is that any taxes applied on Sliammon lands will be paid to Sliammon government;
- The tax revenues will be applied toward community benefit through enhanced programs and services;
- There will be a taxation working group which will begin the work to examine potential models impacts on Sliammon people.
- Any tax model applied will have to protect the people who can't afford to pay taxes; and
For Sliammon to give up the tax exemption in a final agreement, we have to ensure that the benefit we gain through becoming a taxing government to provide for better programs and services for our people is far greater than the value of the tax exemption we would be giving up.
Financial:
Why are we even considering 26 million dollars:
The 26 Million Dollars is the capital transfer. The Capital transfer amount depends on the amount of land and what type of land that Sliammon brings to the table. The more valuable the land the less the capital transfer, Sliammon is situated on a resource rich region which means land is more valuable than money. The 26 million dollars is part of the overall treaty package. The Canadian and BC governments have mandates that limit the amount Sliammon can receive as a capital transer. The 26 million dollar figure is only at the AIP level Sliammon will try to increase this number before final agreement.
Will the 6 million dollars that we receive each year continue to flow:
Yes, the 6 million dollars from INAC will still continue to flow into the proper departments each year. Under treaty Sliammon will be able to negotiate 5 year funding arrangements so that the Band knows what it will be getting and can get into more long term planning for those dollars.
What are Sliammon’s chances of starting out own businesses and increasing our reservation? If we are able to negotiate a treaty we will have the ability to increase our land base but it won’t be a reserve it will be treaty settlement lands, what the treaty needs to bring to us – is the resources to get business’ started- ie. trees, we also needs skill development- right now we have problems because we cannot really get into the game- it is really dependent on us as individuals.
What are the best opportunities for generating revenue for Sliammon:
The best opportunities will come from access and ownership for our resources. For example we need to own forest lands to get into forestry. Other key areas as with any government will be taxation and revenue sharing.
When will someone open a restaurant in Sliammon?
To open any business it has to be viable meaning there needs to be a demand for that service- could Sliammon support a restaurant? No one really knows because it hasn’t been attempted. That will be up to individuals, through the treaty process Sliammon will secure a land base which will make it easier for people to go to the bank and borrow money to start businesses. Right now we don’t own the land- according to Canadian law, it is held in trust for us, and they get to make decisions about what can happen on it. Anyone in Sliammon who has started a business also knows that even if you have paid your home off it is worthless at the bank to use at collateral because you don’t own the land your home sits on.
Education:
What about people going to school are they going to be prioritized:
The education policy does not address this. Sliammon will need certain people to fill specific positions and this will have to be addressed. For example if we need a marine biologist and there is someone who wants to train in that area do they get funding priority? This is a discussion that the community needs to have.
With all the jobs will you have to have university or go away to school:
In Sliammon's future there will be a need for many different levels of training. Training is a must though; there will not likely be jobs that require no training. There will be some ability to do training locally, to introduce the programs that Sliammon needs right here at home. Ultimately it is up to individuals to figure what they want to do an then for the government of Sliammon to assist however possible.
What training will be needed to get the jobs in the future:
Sliammon members all need to ask themselves what role they want to play in the future of Sliammon. It depends how our government will be structured with any job basic education and post secondary education give a person the qualifications for a job. As Sliammon moves forward in the future different jobs will require different levels of education and training.
Who will pay for the education and training:
Education and training will still be funded through our education department. Funds will still come through INAC. If Sliammon can generate our own money we will have the ability to top up education dollars.
Who was first Sliammon person to go to Brooks:
The first people to go to Brooks school were David George and Vincent Timothy in 1962. Prior to 1962 all Sliammon children and youth had to go to residential school.
Miscellaneous:
What about the clam diggers? Sliammon people will still be able to harvest clams commercially and culturally. Sliammon will have the ability to purchase more commercial licenses if membership feels that we should.
Why didn’t our people get more money for the work they used to do (ie furs, baskets)? Sliammon people had a different economy than non-natives. The work was all based on accessing resources. They weren’t totally aware of the value of money, they also didn’t realize the prices that the traders were getting for Sliammon resources over in Europe was about 100 times what they were receiving.
Was alcohol trade with native people another part of what brought the population down? The introduction of alcohol to Sliammon people did cause a lot of problems, by the time that alcohol use became common, small pox and other diseases had already devastated the Sliammon population, research suggests that 90% of the Salish people in Sliammon territory died due to disease.
How many oyster leases do we have? Sliammon has 7 leases plus 4 potential deep water leases.
Who (which families) used to live in Grace Harbour? Grace Harbour use to be a reserve site for the Sliammon People so in actuality everyone’s family has lived there at one time or another. There were certain families that had more of an interest in different areas throughout the territory, families who took responsibility to look after these areas. If you would like specific historical information feel free to drop by the treaty office research department.
Is there information about where Sliammon families used to live? Do we have traditional place names? Sliammon families moved from different areas around Powell River according to the seasons. Winter, spring, summer and fall would be in different places according to the resources. For most areas in and around the Powell River area we do have traditional Salish names on file. Recently some of our traditional place names were introduced on the Powell River Visitors Map. Drop by the research department if you are interested in place names Treaty is always looking for more information about the territory.