Why negotiate Self-Government?

First Nation governance under the Indian Act provides for a limited and dependent form of local governance.

The Self-Government Agreement will provide Westbank with a stronger governance regime that will be more transparent, more accountable to its members and generally be more responsive to local needs.

Who will be affected by the Agreement?

Persons most affected will be Westbank members and others who are residents, or who have interests, are conducting business or visiting on Westbank Lands.

In some cases, Westbank jurisdiction in such areas as environment and land management will apply to all persons on Westbank lands. In other cases it applies only to Westbank members, for example, in the area of education.

What is the geographical scope of the Agreement?

Under the Self-Government Agreement, Westbank reserve lands remain federal lands under section 91(24) of the Constitution Act, 1867.

It is important to understand that Westbank's law-making authority extends over Westbank reserve lands only. The exercise of jurisdiction under the Self-Government Agreement is within the framework of the Canadian Constitution.

When will the Agreement become effective?

The Agreement will come into effect when implementing legislation has been passed by Canada.

How will this Agreement be funded?

Canada and Westbank currently share the cost of Westbank governance.

Westbank and Canada will continue to contribute to the cost of governance, based on a negotiated financial arrangement.

Is there a cash settlement included as part of this Agreement?

There is no cash settlement included as part of the Agreement because this is not a land claim.

Will this Agreement receive constitutional protection?

No. The Self-Government Agreement does not constitute a treaty. Consequently, the provisions are not constitutionally protected under section 35 of the Constitution Act, 1982.

How does the Agreement address the interests of non-members residing on reserve?

Existing interests in Westbank lands (both of members and non-members) are protected under the Agreement.

The Agreement provides for Westbank to establish a mechanism under Westbank Law through which non-Westbank members can provide input to the Westbank government on matters that will directly and significantly affect them.

The Self-Government Agreement provides that the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act applies to protect the interests of all residents on Westbank Lands.

What is the relationship between the Self-Government Agreement and negotiations under the British Columbia Treaty Commission (BCTC) Process?

WFN is involved in treaty negotiations under the BCTC process. The Self-Government Agreement is without prejudice to those negotiations.

Whose laws apply on Westbank lands? What if there is a conflict among laws?

Given that Westbank lands remain reserve lands under section 91(24) of the Constitution Act, 1867, federal laws continue to apply on Westbank lands concurrently with Westbank laws as set out in the Self-Government Agreement. Provincial laws of general application continue to apply on Westbank reserve lands as they would have applied prior to self-government.

In the event that there is a conflict among laws, the Self-Government Agreement sets out the rules that indicate which laws will have priority. It is the intention of the parties to maintain the status quo vis-a-vis the relationship between Westbank and provincial laws.

Members of Westbank who are Canadian citizens or permanent residents of Canada will continue to be entitled to all the rights and benefits of other Canadian citizens or permanent residents.

How were consultations conducted?

The most affected groups, those who live on or have interests in Westbank lands, were extensively consulted on this Agreement. These groups include Westbank members, non-members living on reserve, representatives of Homeowners Associations, the Westbank Advisory Council and local Chambers of Commerce. In addition, Canada and Westbank consulted with the Government of British Columbia, local governments, the Treaty Negotiation Advisory Committee, including the Union of British Columbia Municipalities, and organized labour, and other interested individuals and organizations.

Does the Self-Government Agreement affect taxation?

The tax exemption provisions in Section 87 of the Indian Act continue to apply to Westbank members who are registered as Indians under the Indian Act. Westbank will receive the same tax exempt treatment as local governments as set out in the Income Tax Act.

Section 83 of the Indian Act will continue to apply with respect to property taxation. The tax agreements which Westbank has negotiated with the federal Department of Finance are outside of the Self-Government Agreement and continue to apply. They allow Westbank to collect the equivalent of the GST on any alcohol or gas sold on Westbank lands.

How is accountability dealt with in the Self-Government Agreement?

The Self-Government Agreement, for the most part, replaces the Indian Act, and provides that Westbank government is both financially and politically accountable to its members through transparent mechanisms.

Pursuant to the Self-Government Agreement Westbank has established and ratified a Constitution that sets out the structures and procedures of government, including the need for conflicts of interest rules, election procedures, appeal mechanisms and open procedures for the passage and registration of laws, among other things.

By committing to establish a mechanism for receiving input from non-member residents Westbank is addressing the issue of accountability to non-member residents.

Does the Agreement permit future additional recognition of Westbank First Nation jurisdiction?

The Self-Government Agreement does not restrict Westbank from pursuing future negotiations for further jurisdiction. Future negotiations would be dependant on Canada and the province agreeing to such negotiations.

October 2003

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