Overview

The proposed Westbank First Nation Self-Government Act is intended to give force of law to the Westbank First Nation Self-Government Agreement which was signed by Westbank First Nation and Canada on October 3, 2003.

The proposed Act makes consequential amendments to other federal acts - the Access to Information Act, the Lobbyists Registration Act and the Privacy Act.

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, all that is remaining is for Canada to ratify the Agreement in Parliament.

The Agreement is also significant because it is the first stand-alone (no land claim component) self-government agreement in BC negotiated under the 1995 Inherent Right Policy.

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 solid 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.

With the introduction of the Westbank First Nation Self-Government Act, Parliamentary approval is being sought to bring the Westbank First Nation Self-Government Agreement into force.

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 composition 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.

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 603 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

The Government of Canada recognizes the inherent right of self-government as an existing Aboriginal right within section 35 of the Canadian Constitution.

Self-government agreements negotiated under the federal government's Inherent Right Policy set out practical 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.

November 2003

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