Backgrounder Westbank Self-Government Agreement
Overview
The Westbank Self-Government Agreement is significant for several reasons.
For one, the Agreement represents a major milestone in Westbank and Canada's
shared efforts to negotiate a self-government agreement. Negotiations
began 14 years ago. Now that the Agreement has been signed (October 3,
2003), all that is remaining is for Canada to ratify the Agreement in
Parliament.
The Agreement is also significant because Westbank First Nation is the
third First Nation community in British Columbia to negotiate a Self-Government
Agreement. The other two are the Sechelt First Nation and the Nisga'a
Nation. (The Agreement signed by the Nisga'a is a treaty.)
By moving closer to self-government, Westbank First Nation will have
a stronger governance regime that will be more transparent and accountable
to its members.
There is support for the Agreement among Westbank's neighbours and on-reserve
residents who are not First Nations members. There is recognition that
the Agreement will provide greater certainty in the exercise of governance
and jurisdiction, for all levels of government.
The Agreement in brief
The following is a summary of some of the major items in the Self-Government
Agreement:
Jurisdiction
Under this bilateral Self-Government Agreement, Westbank will assume jurisdiction
for most matters now regulated under the Indian Act. These jurisdictions
will be phased in over time, and, as they are exercised, the related provisions
of the Indian Act will no longer apply.
Laws
Westbank will have jurisdiction to make laws in areas such as land management,
Aboriginal language and culture, resource management and the environment.
As federal and provincial laws will continue to apply to the extent they
do now, concurrently with Westbank laws, the agreement identifies which
laws prevail in the event of a conflict and many Westbank laws will prevail.
The Canadian Charter of Rights and Freedoms and the Criminal Code
will continue to apply, and Westbank laws can be challenged in Canadian
courts.
Constitution
The Self-Government Agreement provides for a Westbank constitution that
sets out the structure, duties and membership of its government and requires
that it is open, democratic and accountable.
The constitution also has a mechanism by which non-member residents on
Westbank lands can make representations to the Westbank First Nation on
laws that directly affect them. They can also seek a judicial review of
administrative decisions by the Westbank Band Council.
Membership
Westbank is responsible for its own membership. Canadian citizenship,
permanent residency and Indian status continue to be the responsibility
of Canada.
Taxation
Westbank government will receive the same tax treatment as local governments
as set out in the Income Tax Act. Tax exemption provided under
the Indian Act will continue to apply to Westbank and its members
who are registered in the Indian Registry maintained by Canada.
Land and land management
Westbank lands will remain as "reserves" as defined under the
Indian Act. Subject to the provisions of the Agreement, Westbank
First Nation will have all the rights, powers, responsibilities and privileges
of an owner, including the authority to grant interests and licences in
relation to its lands.
All existing licences and interests in Westbank lands, created or granted
pursuant to the Indian Act, continue to have effect in accordance
with their terms and conditions.
Key Milestones
January 1990
Negotiations between the Government of Canada and Westbank First Nation
begin.
July 13, 1998
The Agreement-in-Principle is signed by Minister Jane Stewart and Chief
Brian Eli.
July 6, 2000
The Self-Government Agreement is initialled by the chief negotiators for
Canada and the Westbank First Nation under the term of Chief Ron Derrickson.
May 22-24, 2003
The Self-Government Agreement is ratified by Westbank First Nation members.
October 3, 2003
The Self-Government Agreement is signed by Minister Robert D. Nault and
Chief Robert Louie.
Westbank First Nation
Westbank is a First Nation of some 598 members. Approximately 386 members
and 8,000 non-members reside on five reserves totalling 2161 hectares
on the shores of Lake Okanagan, across from Kelowna, British Columbia.
Westbank has a strong economy, with significant commercial and business
developments on its lands, including more than 100 businesses.
Westbank is in treaty negotiations with Canada and British Columbia under
the British Columbia Treaty Commission process. This Self-Government Agreement
is without prejudice to those negotiations and is not a treaty protected
under section 35 of the Constitution Act, 1982.
About self-government
Self-government agreements set out arrangements for Aboriginal groups
to govern their internal affairs and assume greater responsibility and
control over the decision making that affects their communities. Self-government
agreements address: the structure and accountability of Aboriginal governments;
their law-making powers; financial arrangements; and their responsibilities
for providing programs and services to their members. Self-government
enables Aboriginal governments to work in partnership with other governments
and the private sector to promote economic development and improve social
conditions.
Because Aboriginal groups have different needs, negotiations will not
result in a single model of self-government. Self-government arrangements
may take many forms based on the diverse historical, cultural, political
and economic circumstances of the Aboriginal groups, regions and communities
involved.
The Government of Canada recognizes the inherent right of self-government
as an existing Aboriginal right within section 35 of the Canadian Constitution.
Under the Government of Canada's Inherent Right Policy, self-government
arrangements may be negotiated simultaneously with comprehensive land
claim agreements. The Government of Canada is prepared, where the other
parties agree, to protect certain parts of self-government agreements
as treaty rights under section 35 of the Constitution Act, 1982.
October 2003
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